Vol. 76 Tuesday, No. 244 December 20, 2011

Pages 78805–79024

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 76, No. 244

Tuesday, December 20, 2011

Agriculture Department Defense Acquisition Regulations System NOTICES RULES Agency Information Collection Activities; Proposals, Defense Federal Acquisition Regulation Supplements: Submissions, and Approvals, 78882 Utilization of Domestic Photovoltaic Devices, 78858– 78862 Air Force Department PROPOSED RULES NOTICES Defense Federal Acquisition Regulation Supplement: Meetings: Title 41 Positive Law Codification—Further Scientific Advisory Board, 78906 Implementation, 78874–78879 Defense Department Bureau of Consumer Financial Protection See Air Force Department RULES See Defense Acquisition Regulations System Real Estate Settlement Procedures Act (Regulation X), 78978–79017 Education Department NOTICES Bureau of Ocean Energy Management, Regulation and Agency Information Collection Activities; Proposals, Enforcement Submissions, and Approvals, 78906–78908 NOTICES Energy Department Carpinteria Offshore Field Redevelopment Project: See Energy Efficiency and Renewable Energy Office Developmental Drilling into Oil and Gas Reserves, See Federal Energy Regulatory Commission California State Waters, from Federal Platform See Western Area Power Administration Hogan, 78938–78939 NOTICES Charter Renewals: Centers for Disease Control and Prevention Biological and Environmental Research Advisory NOTICES Committee, 78908 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 78924–78926 Environmental Management Site-Specific Advisory Board, Portsmouth, 78909–78910 Centers for Medicare & Medicaid Services Environmental Management Site-Specific Advisory NOTICES Board; Northern New Mexico, 78909 Medicare and Medicaid Programs: Environmental Management Site-Specific Advisory Application from Hospital Requesting Waiver for Organ Board; Oak Ridge Reservation, 78908–78909 Procurement Service Area, 78926–78927 Energy Efficiency and Renewable Energy Office Children and Families Administration NOTICES NOTICES Waivers of Commercial Package Air Conditioner and Heat Agency Information Collection Activities; Proposals, Pump Test Procedures: Submissions, and Approvals: LG Electronics U.S.A., Inc., 78910–78915 Parents and Children Together Evaluation, 78927–78928 Environmental Protection Agency RULES Coast Guard Protection of Stratospheric Ozone: RULES Listing of Substitutes for Ozone-Depleting Substances – Safety Zones: Hydrocarbon Refrigerants, 78832–78858 City of Beauforts Tricentennial New Year’s Eve Fireworks Revisions to California State Implementation Plans: Display, Beaufort River, Beaufort, SC, 78820–78823 South Coast Air Quality Management District, 78829– 78831 Commerce Department PROPOSED RULES See International Trade Administration Approvals and Promulgations of Implementation Plans and See National Institute of Standards and Technology Designations of Areas for Air Quality Planning See National Oceanic and Atmospheric Administration Purposes: Missouri and Illinois; St. Louis Nonattainment Area, etc., Commodity Futures Trading Commission 78869–78871 NOTICES EPA Responses to State and Tribal 2008 Ozone Designation Meetings; Sunshine Act, 78905–78906 Recommendations: Availability and Public Comment Period, 78872–78874 Copyright Office, Library of Congress National Emission Standards for Hazardous Air Pollutants PROPOSED RULES for Wool Fiberglass Manufacturing, 78872 Exemption to Prohibition on Circumvention of Copyright Revisions to California State Implementation Plans: Protection Systems for Access Control Technologies, South Coast Air Quality Management District, 78871– 78866–78868 78872

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NOTICES Federal Reserve System Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Proposals to Engage in or to Acquire Companies Engaged in Prevention of Significant Deterioration and Permissible Nonbanking Activities, 78924 Nonattainment Area New Source Review; Withdrawal, 78919 Federal Transit Administration NOTICES Executive Office of the President Solicitation for Proposals: See Presidential Documents National Technical Assistance Center for Senior Transportation, 78969–78974 Federal Aviation Administration RULES Fish and Wildlife Service Airworthiness Directives: NOTICES Rolls–Royce plc (RR) RB211–Trent 800 Series Turbofan Environmental Assessments; Availability, etc.: Engines, 78805–78808 James Campbell National Wildlife Refuge, Honolulu Teledyne Continental Motors (TCM) and Rolls–Royce County, HI, 78939–78940 Motors Ltd. (R–RM) Series Reciprocating Engines, Minidoka National Wildlife Refuge, Blaine, Cassia, 78808–78810 Minidoka, and Power Counties, ID, 78940–78942 Standard Instrument Approach Procedures, and Takeoff Environmental Impact Statements; Availability, etc.: Minimums and Obstacle Departure Procedures, 78810– Proposed Vernal Pool Habitat Conservation Plan, City of 78814 San Diego, CA, 78942–78944 PROPOSED RULES Airworthiness Directives: Food and Drug Administration Rolls–Royce Corporation Turboshaft Engines, 78863– RULES 78864 Oral Dosage Form New Animal Drugs: Amendment of Class E Airspace: Cyclosporine, 78815–78816 Lamar, CO, 78864–78866 PROPOSED RULES NOTICES Filings of Food Additive Petitions: Approvals of Noise Compatibility Programs: Nexira, 78866 Kona International Airport, Keahole, North Kona, HI, NOTICES 78966–78967 Establishing Timeframes for Implementation of Product Requests To Release Airport Property, 78967 Safety Labeling Changes, 78929–78930 Guidance for Industry and Staff; Availability: Federal Bureau of Investigation Enforcement Policy for Premarket Notification NOTICES Requirements for Certain In Vitro Diagnostic and Revised User Fee Schedules, 78950 Radiology Devices, 78930–78931 Meetings: Advisory Committees, 78931–78933 Federal Communications Commission Rare Disease Patient Advocacy Day, 78931 NOTICES Public Workshops: Agency Information Collection Activities; Proposals, Clinical Trial Requirements, Regulations, Compliance, Submissions, and Approvals, 78919–78924 and Good Clinical Practice, 78933–78934

Federal Emergency Management Agency Geological Survey NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: National Geospatial Advisory Committee, 78944 Inspection of Insured Structures by Communities, 78935– 78936 Health and Human Services Department Major Disaster and Related Determinations: See Centers for Disease Control and Prevention New Hampshire, 78936–78937 See Centers for Medicare & Medicaid Services Major Disaster Declarations: See Children and Families Administration New Jersey, 78937 See Food and Drug Administration Virginia; Amendment No. 3, 78937–78938 See National Institutes of Health

Federal Energy Regulatory Commission Homeland Security Department NOTICES See Coast Guard Applications for Blanket Certificates: See Federal Emergency Management Agency Inergy Pipeline East, LLC, 78915 NOTICES Filings: Published Privacy Impact Assessments on the Web, 78934– Washington 10 Storage Corp., 78915–78916 78935

Federal Highway Administration Interior Department NOTICES See Bureau of Ocean Energy Management, Regulation and Environmental Impact Statements; Availability, etc.: Enforcement Cook and DuPage Counties, IL, 78968–78969 See Fish and Wildlife Service Jackson County, MO, 78967–78968 See Geological Survey

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Internal Revenue Service Marine Mammals; File No. 15240, 78890–78891 RULES Endangered and Threatened Wildlife and Plants: Tax Return Preparer Penalties under Section 6695, 78816– 90-Day Finding on Petitions to List the Thorny Skate 78820 (Amblyraja radiata) Under the Endangered Species Act, 78891–78898 International Trade Administration Endangered and Threatened Wildlife: NOTICES 90-Day Finding on Petition to List the Barndoor Skate, Affirmative Preliminary Determination of Circumvention of Winter Skate and Smooth Skate under the the Antidumping Duty Order: Endangered Species Act, 78898–78904 Carbon and Certain Alloy Steel Wire Rod from Mexico, Meetings: 78882–78885 New England Fishery Management Council, 78905 Antidumping Duty Administrative Reviews; Results, Pacific Fishery Management Council, 78904–78905 Extensions, Amendments, etc.: Certain Magnesia Carbon Bricks from Mexico, 78885 National Science Foundation Continuation of Antidumping Duty Orders: NOTICES Solid Urea from the Russian Federation and Ukraine, Meetings; Sunshine Act, 78951 78885–78886 Countervailing Duty Administrative Reviews; Results, Nuclear Regulatory Commission Extensions, Amendments, etc.: RULES Certain Welded Carbon Steel Standard Pipe and Tube Regulatory Changes to Implement United States–Australian from Turkey, 78886–78887 Agreement for Peaceful Nuclear Cooperation: Circular Welded Carbon Quality Steel Pipe from the Corrections, 78805 People’s Republic of China, 78887–78888 NOTICES Final Results of Expedited Sunset Reviews: Meetings: Ferrovanadium and Nitrided Vanadium from Russia, ACRS Subcommittee on Planning and Procedures, 78888–78889 78951–78952 Meetings; Sunshine Act, 78952–78953 International Trade Commission NOTICES Postal Regulatory Commission Scheduling of Expedited Five-Year Reviews: NOTICES Furfuryl Alcohol from China, 78945 Post Office Closing, 78953–78955 Summary of Commission Practice Relating to Review of Nonpostal Services, 78955–78957 Administrative Protective Orders, 78945–78949 Presidential Documents Justice Department PROCLAMATIONS See Federal Bureau of Investigation Special Observances: NOTICES Wright Brothers Day (Proc. 8767), 79019–79022 Lodging Of Consent Decrees Under CERCLA, 78949–78950 ADMINISTRATIVE ORDERS Russia; Omnibus Trade and Competitiveness Act of 1988 Labor Department Determinations (Memorandum of December 15, 2011), NOTICES 79023–79024 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Securities and Exchange Commission Evaluation of the Young Parents Demonstration Project, NOTICES 78950–78951 Meetings; Sunshine Act, 78957 Library of Congress Small Business Administration See Copyright Office, Library of Congress NOTICES Disaster Declarations: National Institute of Standards and Technology Nebraska; Amendment 1, 78957 RULES New Jersey; Amendment 1, 78957 National Voluntary Laboratory Accreditation Program: Virginia; Amendment 2, 78957 Operating Procedures, 78814–78815 NOTICES State Department Alternative Personnel Management System, 78889–78890 NOTICES Proposed Commercial Export Licenses; Congressional National Institutes of Health Notification, 78958–78966 NOTICES Meetings: Surface Transportation Board Center for Scientific Review, 78934 NOTICES Abandonment Exemptions: National Oceanic and Atmospheric Administration Wisconsin Central Ltd., Fond Du Lac County, WI, 78974– PROPOSED RULES 78975 Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Acquisition, Lease and Operation Exemptions: Snapper–Grouper Fishery off Southern Atlantic States; Pennsylvania and Southern Railway, LLC from CSX Management Measures, 78879–78881 Transportation, Inc., 78975 NOTICES Applications: Transportation Department Endangered Species; File No. 15566, 78890 See Federal Aviation Administration

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See Federal Highway Administration Separate Parts In This Issue See Federal Transit Administration See Surface Transportation Board Part II Bureau of Consumer Financial Protection, 78978–79017 Treasury Department See Internal Revenue Service Part III Veterans Affairs Department Presidential Documents, 79019–79024 RULES Copayments for Medications in 2012, 78824–78826 Loan Guaranty Revised Loan Modification Procedures, Reader Aids 78827–78829 Consult the Reader Aids section at the end of this page for Schedule for Rating Disabilities: phone numbers, online resources, finding aids, reminders, Evaluation of Amyotrophic Lateral Sclerosis, 78823– and notice of recently enacted public laws. 78824 To subscribe to the Federal Register Table of Contents Western Area Power Administration LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Rice Solar Energy Project Record of Decision, 78916–78919 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8767...... 79021 Administrative Orders: Memorandums: Memorandum of December 15, 2011 ...... 79023 10 CFR 40...... 78805 12 CFR 1024...... 78978 14 CFR 39 (2 documents) ...... 78805, 78808 97 (2 documents) ...... 78810, 78812 Proposed Rules: 39...... 78863 71...... 78864 15 CFR 85...... 78814 21 CFR 520...... 78815 Proposed Rules: 172...... 78866 26 CFR 1...... 78816 33 CFR 165...... 78820 37 CFR Proposed Rules: 201...... 78866 38 CFR 4...... 78823 17...... 78824 36...... 78827 40 CFR 52...... 78829 82...... 78832 Proposed Rules: 52 (2 documents) ...... 78869, 78871 63...... 78872 81...... 78872 48 CFR 212...... 78858 225...... 78858 252...... 78858 Proposed Rules: App. I to Ch. 2 ...... 78874 201...... 78874 203...... 78874 204...... 78874 212...... 78874 213...... 78874 217...... 78874 219...... 78874 222...... 78874 225...... 78874 233...... 78874 243...... 78874 252...... 78874 50 CFR Proposed Rules: 622...... 78879

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Rules and Regulations Federal Register Vol. 76, No. 244

Tuesday, December 20, 2011

This section of the FEDERAL REGISTER were proposed to be added by a § 40.13 [Amended] contains regulatory documents having general previous NRC rulemaking (75 FR 43425; ■ 2. In § 40.13, paragraph (c)(5)(v) is applicability and legal effect, most of which July 26, 2010) that the NRC now intends are keyed to and codified in the Code of amended by removing the reference to publish as a final rule. A conforming ‘‘§ 40.52’’ and adding in its place the Federal Regulations, which is published under change is being made to the revised 10 50 titles pursuant to 44 U.S.C. 1510. reference ‘‘§ 40.56’’. CFR 40.13(c)(5)(v) provision, so that it The Code of Federal Regulations is sold by will contain the proper cross-reference § 40.52 [Redesignated as § 40.56] the Superintendent of Documents. Prices of to § 40.56. These amendments are ■ 3. Redesignate § 40.52 as § 40.56. new books are listed in the first FEDERAL administrative in that they make no REGISTER issue of each week. substantive changes to requirements, §§ 40.52 through 40.55 [Added and and the NRC accordingly finds that Reserved] notice and opportunity for public ■ 4. Add and reserve §§ 40.52 through NUCLEAR REGULATORY comment on this corrective action is 40.55. COMMISSION unnecessary. Dated at Rockville, Maryland, this 14th day 10 CFR Part 40 List of Subjects in 10 CFR Part 40 of December 2011. For the Nuclear Regulatory Commission. [NRC–2011–0072] Criminal penalties, Government contracts, Hazardous materials Leslie Terry, RIN 3150–AI95 transportation, Nuclear materials, Acting Chief, Rules, Announcements, and Reporting and recordkeeping Directives Branch, Division of Administrative Regulatory Changes To Implement the requirements, Source material, Services, Office of Administration. United States/Australian Agreement for Uranium. [FR Doc. 2011–32471 Filed 12–19–11; 8:45 am] Peaceful Nuclear Cooperation; BILLING CODE 7590–01–P Corrections For the reasons set out in the preamble and under the authority of the AGENCY: Nuclear Regulatory Atomic Energy Act of 1954, as amended; Commission. the Energy Reorganization Act of 1974, DEPARTMENT OF TRANSPORTATION ACTION: Final rule; correcting as amended; 5 U.S.C. 552 and 553; and Federal Aviation Administration amendments. the Energy Policy Act of 2005; Public Law 109–58, 119 Stat. 594 (2005); the SUMMARY: On November 8, 2011, the NRC is adopting the following 14 CFR Part 39 U.S. Nuclear Regulatory Commission amendments to 10 CFR part 40. [Docket No. FAA–2011–0836; Directorate (NRC or the Commission) published in Identifier 2010–NE–38–AD; Amendment 39– the Federal Register a final rule (76 FR PART 40—DOMESTIC LICENSING OF 16898; AD 2011–26–08] 69120) that amended the NRC’s SOURCE MATERIAL regulations to implement the 2010 RIN 2120–AA64 ‘‘Agreement between the Government of ■ 1. The authority citation for part 40 Australia and the Government of the continues to read as follows: Airworthiness Directives; Rolls-Royce United States of America Concerning Authority: Secs. 62, 63, 64, 65, 81, 161, plc (RR) RB211–Trent 800 Series Peaceful Uses of Nuclear Energy.’’ The 182, 183, 186, 68 Stat. 932, 933, 935, 948, Turbofan Engines 953, 954, 955, as amended, secs.11e(2), 83, present NRC action is necessary to AGENCY: 84, Pub. L. 95–604, 92 Stat. 3033, as Federal Aviation relocate a new section added by the Administration (FAA), DOT. final rule, and to make a related amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, ACTION: Final rule. conforming change to the final rule. 2094, 2095, 2111, 2113, 2114, 2201, 2232, DATES: This correction is effective 2233, 2236, 2282); sec. 274, Pub. L. 86–373, SUMMARY: We are adopting a new December 20, 2011, and is applicable to 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as airworthiness directive (AD) for all November 8, 2011, the date the original amended, 202, 206, 88 Stat. 1242, as Rolls-Royce plc (RR) RB211-Trent 800 rule became effective. amended, 1244, 1246 (42 U.S.C. 5841, 5842, Series Turbofan Engines. This AD 5846); sec. 275, 92 Stat. 3021, as amended by FOR FURTHER INFORMATION CONTACT: Pub. L. 97–415, 96 Stat. 2067 (42 U.S.C. results from mandatory continuing Cindy Bladey, Chief, Rules, 2022); sec. 193, 104 Stat. 2835, as amended airworthiness information (MCAI) Announcements, and Directives Branch, by Pub. L. 104–134, 110 Stat. 1321, 1321–349 originated by an aviation authority of Office of Administration, U.S. Nuclear (42 U.S.C. 2243), sec. 1704, 112 Stat. 2750 (44 another country to identify and correct Regulatory Commission, Washington, U.S.C. 3504 note) Energy Policy Act of 2005 an unsafe condition on an aviation DC 20555–0001, telephone: (301) 492– Pub. L. No. 109–59, 119 Stat 594 (2205). product. The MCAI describes the unsafe 3667; email: [email protected]. Section 40.7 also issued under Pub. L. 95– condition as fuel leaks from the engine SUPPLEMENTARY INFORMATION: This 601, sec. 10, 92 Stat. 2951 as amended by due to damage to sections of the fan case action corrects the final rule published Pub. L. 102–486 sec 2902, 106 Stat. 3122 (42 low-pressure (LP) fuel tubes. We are U.S.C. 5851). Section 40.31(g) also issued on November 8, 2011 (76 FR 69120). issuing this AD to prevent engine fuel under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). leaks, which could result in risk to the Specifically, the new section in Title 10 Section 40.46 also issued under sec. 184, 68 of the Code of Federal Regulations (10 Stat. 954, as amended (42 U.S.C. 2234). airplane. CFR) Part 40 is added as § 40.56 rather Section 40.71 also issued under sec. 187, 68 DATES: This AD becomes effective than § 40.52. This change is necessary Stat. 955. January 24, 2012. The Director of the because 10 CFR 40.52 through 40.55 (42 U.S.C. 2237). Federal Register approved the

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incorporation by reference of certain Revision 5 to Revision 6 of the Rolls- Airlines commented further that EASA publications listed in this AD as of Royce Service Bulletin. AD 2010–0188 requires this FOHE January 24, 2012. We agree. We changed the AD to use mount inspection because it requires ADDRESSES: The Docket Operations RR SB RB.211–73–AD685, Revision 6, accomplishment of the entire service office is located at Docket Management dated February 21, 2011, which is the bulletin when doing the inspection. For Facility, U.S. Department of latest version of the service bulletin. clarity, Delta requested that the final Transportation, 1200 New Jersey Request To Allow Compliance to rule include a comment that the Avenue SE., West Building Ground Earlier Revisions of the Service Bulletin inspection requirements do not mandate Floor, Room W12–140, Washington, DC the FOHE mount inspections. One commenter, Delta, asked that 20590–0001. We do not agree. The requirement of engines previously inspected per FOR FURTHER INFORMATION CONTACT: this AD to inspect the fuel tubes is Revision 3 of SB RB.211–73–AD685, Alan Strom, Aerospace Engineer, Engine sufficient to ensure safe operation. The dated August 18, 2009; or Revision 4 of Certification Office, FAA, Engine & repetitive inspection intervals for fuel SB RB.211–73–AD685, dated January Propeller Directorate, 12 New England tubes required by this AD consider 20, 2010 or Revision 5 of SB RB.211– Executive Park, Burlington, MA 01803; observed FOHE mount wear. This AD 73–AD685, dated August 18, 2010; to email: [email protected]; phone: (781) does not require inspection of the FOHE have met the initial inspection 238–7143; fax: (781) 238–7199. mounts. We did not change the AD requirements of the AD. SUPPLEMENTARY INFORMATION: We agree. We added a new paragraph based on this comment. Discussion to the AD called ‘‘Previous Inspection Request To Add Requirement To Credit’’ which provides credit for We issued a notice of proposed Remove Damaged Fuel Tubes performing the initial inspection rulemaking (NPRM) to amend 14 CFR according to the requirements of Two commenters, Boeing and Delta, part 39 to include an AD that would Revisions 3, 4, or 5 of the SB. requested clarification regarding when apply to the specified products. That to replace fuel tubes. Boeing requested NPRM was published in the Federal Request To Revise Cost of Compliance that under ‘‘Actions and Compliance’’ Register on August 22, 2011 (76 FR A commenter, American Airlines, the following requirement be included: 52288). That NPRM proposed to correct requested that the cost estimate per ‘‘Removal and replacement of damaged an unsafe condition for the specified engine be increased to $905. American fuel tubes (P/N FK23986) in accordance products. The MCAI states: noted that the AD creates repetitive not with paragraph 3.A.(5) of the Service Fuel leaks from the engine have occurred one-time expenses due to the need for Bulletin RB.211–73–AD685, Revision 6, in-service due to damage to sections of the repetitive inspections. American also dated February 21, 2011.’’ Boeing fan case Low Pressure (LP) fuel tubes which asserted that the estimate in the NPRM indicated that rejected fuel tubes need run between the Low Pressure and the High (76 FR 52288, August 22, 2011) of labor to be replaced to avoid fuel leaks. Delta Pressure (HP) fuel pumps. This damage has hours to comply with the AD was not indicated that the On-wing Inspection been caused by frettage between the securing and In-shop Inspection paragraphs do clips and the tube outer surface, which has accurate. American suggested 8 labor caused localised thinning of the tube wall hours per inspection is a realistic figure. not include information about replacing thickness. The thinning of the tube wall We agree in part. While the AD does tubes when needed as the result of causes the tube to fracture and fuel loss to require repetitive inspections, we do not inspections. Delta also noted that the occur. agree with including repetitive expenses Repetitive Inspection paragraph does The corrective action includes for inspections in our cost estimate. We discuss replacement of these parts when inspection of the tubes and replacement only include the cost of one inspection needed. of the associated clips. The fretting and cycle, even if the AD requires repetitive We agree in part. Although parts that thinning of the fuel tubes is caused by inspections, in our cost estimates. We fail inspection may not be returned to relative movement between the tubes agree our labor estimate should be service, we agree that clarifying when and the clips. You may obtain further increased. We accept that 8 labor hours fuel tubes are replaced would help. We information by examining the MCAI in is a realistic estimate of labor hours and revised the On-wing Inspection and In- the AD docket. allows us to make a more accurate shop Inspection paragraphs to indicate assessment of labor cost. We changed that the tubes should be replaced if they Comments the estimate of work hours in the AD fail inspection. We gave the public the opportunity to from 3 to 8. We also corrected the cost participate in developing this AD. We of the parts required from $225 in the Request To Clarify Initial Inspection considered the comments received. NPRM to $884. We revised the total cost Requirement to comply with the AD from $52,800 to One commenter, Delta, noted that Request To Correct Title in Rolls-Royce $172,040. Service Bulletin under the Initial Inspection paragraph, Request To Revise Initial Inspection one of the options for complying with A commenter, Air New Zealand, Paragraph the AD is to do the initial inspection requested that we change the service before 3,000 hours since last inspection. bulletin reference from ‘‘RB.211–73– A commenter, Boeing, requested that Delta requested that we clarify the D685’’ to ‘‘RB.211–73–AD685.’’ the Initial Inspection paragraph be meaning of ‘‘last inspection.’’ We agree. The changed the AD to revised by including the following: correct the service bulletin reference. ‘‘Inspect the Fuel Oil Heat Exchanged We agree. We added a definition (FOHE) mounting hardware for signs of paragraph to indicate that our reference Request To Change Service Bulletin damage. Use paragraph 3.A.(4) of the to 3,000 hours since last inspection Revision Number Service Bulletin RB.211–73–AD685, refers to the inspection of the fan case Three commenters, American Airlines Revision 6, dated February 21, 2011.’’ LP fuel tubes for frettage between the (American), Delta Airlines (Delta), and Boeing noted that damage or wear to securing clips and the tube outer surface the Boeing Company (Boeing), suggested FOHE mounts may contribute to low part numbers FK22617, FK19213, and that we change compliance from pressure (LP) fuel tube cracking. Delta FK23986.

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Request To Clarify Handling of Clips AD. The average labor rate is $85 per ADDRESSES section. Comments will be for Fuel Tubes work-hour. Required parts cost about available in the AD docket shortly after One commenter, Delta, asked that the $884 per product. Based on these receipt. figures, we estimate the cost of the AD final rule clarify how to handle the clips List of Subjects in 14 CFR Part 39 that hold the fuel tubes in place. Delta on U.S. operators to be $172,040. Air transportation, Aircraft, Aviation noted that paragraphs 3.A.(2) and Authority for This Rulemaking safety, Incorporation by reference, 3.A.(3) (on-wing) and 3.B.(2) and 3.B.(3) Safety. of RR SB RB.211–73–AD685, which are Title 49 of the United States Code specifies the FAA’s authority to issue referenced in the NPRM (76 FR 52288), Adoption of the Amendment do not include inspection criteria for the rules on aviation safety. Subtitle I, section 106, describes the authority of Accordingly, under the authority clips. Delta requested that we either delegated to me by the Administrator, require inspection or replacement of the the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as clips with a new or serviceable part per follows: the note in Paragraph 3.A. of the RR SB detail the scope of the Agency’s RB.211–73–AD685, which says that authority. We are issuing this rulemaking under PART 39—AIRWORTHINESS ‘‘clips should be removed and replaced DIRECTIVES one at a time to prevent pre-loading of the authority described in ‘‘Subtitle VII, the clip position.’’ Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 We agree. The fretting and thinning of General requirements.’’ Under that continues to read as follows: section, Congress charges the FAA with the fuel tubes is caused by relative Authority: 49 U.S.C. 106(g), 40113, 44701. movement between the tubes and the promoting safe flight of civil aircraft in clips. Worn or fretted clips cause air commerce by prescribing regulations § 39.13 [Amended] for practices, methods, and procedures increased relative movement between ■ 2. The FAA amends § 39.13 by adding the tubes and the clips and thus more the Administrator finds necessary for safety in air commerce. This regulation the following new airworthiness tube wear and fretting. Clip wear is not directive (AD): repairable and so the clips cannot be is within the scope of that authority reused. We, therefore, revised the AD by because it addresses an unsafe condition 2011–26–08 Rolls-Royce plc: Amendment that is likely to exist or develop on 39–16898; Docket No. FAA–2011–0836; changing the On-wing Inspection and Directorate Identifier 2010–NE–38–AD. In-shop Inspection paragraphs to products identified in this rulemaking indicate that the clips must be replaced action. (a) Effective Date during the initial inspection and during Regulatory Findings This airworthiness directive (AD) becomes every repeat inspection. effective January 24, 2012. We determined that this AD will not Request To Clarify Repeat Inspections have federalism implications under (b) Affected ADs Paragraph Executive Order 13132. This AD will None. One commenter, Delta, requested not have a substantial direct effect on (c) Applicability the States, on the relationship between clarification of the Repeat Inspections This AD applies to all Rolls-Royce plc (RR) paragraph. Delta noted that this the national government and the States, RB211–Trent 875–17, 877–17, 884–17, 884B– paragraph might be misinterpreted to or on the distribution of power and 17, 892–17, 892B–17, and 895–17 turbofan mean inspection and tube replacement responsibilities among the various engines. These engines are installed on, but should be accomplished per paragraphs levels of government. not limited to, Boeing 777 series airplanes. For the reasons discussed above, I 3.A.(2), 3.A.(3), 3.B.(2), and 3.B.(3) of RR (d) Reason SB RB.211–73–AD685. Since these certify this AD: paragraphs only apply to replacement of 1. Is not a ‘‘significant regulatory This AD was prompted by fuel leaks from action’’ under Executive Order 12866; the engine that occurred in-service due to the tubes, Delta believes the language damage to sections of the fan case low- should be clarified. 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures pressure (LP) fuel tubes, which run between We agree. We revised the Repeat the LP and the high-pressure (HP) fuel Inspections paragraph to clarify that (44 FR 11034, February 26, 1979); and pumps. This damage was caused by frettage paragraphs 3.A.(1) through 3.A.(3) (On- 3. Will not have a significant between the securing clips and the tube outer wing) or 3.B.(1) through 3.B.(3) (In- economic impact, positive or negative, surface, which caused localized thinning of shop) of RR SB RB.211–78–AD685 on a substantial number of small entities the tube wall thickness. The thinning of the apply to the inspection. under the criteria of the Regulatory tube wall causes the tube to fracture and leak Flexibility Act. fuel. We are issuing this AD to prevent Conclusion We prepared a regulatory evaluation engine fuel leaks, which could result in risk We reviewed the available data, of the estimated costs to comply with to the airplane. including the comments received, and this AD and placed it in the AD docket. (e) Actions and Compliance determined that air safety and the Examining the AD Docket Unless already done, do the following public interest require adopting the AD actions. with the changes described previously. You may examine the AD docket on We determined that these changes will the Internet at (f) Initial Inspection and Clip replacement not increase the economic burden on http://www.regulations.gov; or in person Within 2,000 hours in service after the any operator nor increase the scope of at the Docket Operations office between effective date of this AD, or before the AD. 9 a.m. and 5 p.m., Monday through accumulating 3,000 hours-since-new or 3,000 Friday, except Federal holidays. The AD hours-since-last-inspection, whichever is Costs of Compliance docket contains this AD, the regulatory latest, do one of the following: We estimate that this AD affects about evaluation, any comments received, and (1) On-Wing Inspection and Clip 110 products of U.S. registry. We also other information. The street address for Replacement estimate that it will take about 8 work- the Docket Operations office (phone: Inspect the fan case LP fuel tubes, part hours per product to comply with this (800) 647–5527) is provided in the numbers (P/Ns) FK22617, FK19213, and

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FK23986. Replace the clips that hold the fuel 01803; email: [email protected]; phone: specified serial number (S/N) range, tubes in place. Use paragraphs 3.A.(1) (781) 238–7143; fax: (781) 238–7199, for inspection of the removed magneto to through 3.A.(3) (on-wing) of RR Non- more information about this AD. verify that the stop pin is still in place, modification Alert Service Bulletin (ASB) and, if the stop pin is not in place, RB.211–73–AD685, Revision 6, dated (n) Material Incorporated by Reference February 21, 2011 to do the inspection. (1) You must use the following service inspection of the engine gear train, Replace any fan case LP fuel tubes that fail information to do the actions required by this crankcase, and accessory case. This new inspection. AD, unless the AD specifies otherwise. The AD corrects the range of S/Ns affected, Director of the Federal Register approved the requires the same replacement and (2) In-Shop Inspection and Clip Replacement incorporation by reference (IBR) under 5 inspections, and adds R–RM C–125, C– Inspect the fan case LP fuel tubes, P/N U.S.C. 552(a) and 1 CFR part 51 of the 145, O–300, IO–360, TSIO–360, and FK22617, FK19213, and FK23986. Replace following service information on the date LTSIO–520–AE series reciprocating the clips that hold the fuel tubes in place specified. engines to the applicability. This AD with new or serviceable clips. Use (2) Rolls-Royce plc Alert Service Bulletin paragraphs 3.B.(1) through 3.B.(3) (in-shop) RB.211–73–AD685, Revision 6, dated was prompted by our awareness of an of RR Non-modification ASB RB.211–73– February 21, 2011, approved for IBR January error in the previous AD applicability in AD685, Revision 6, dated February 21, 2011 24, 2012. the range of magneto S/Ns affected and to do the inspection. Replace any fan case LP (3) For service information identified in of the need to include certain engines fuel tubes that fail inspection. this AD, contact Rolls-Royce plc, Corporate made by R–RM, under license of TCM. (g) Repetitive Inspection and Clip Communications, P.O. Box 31, Derby, We are issuing this AD to prevent Replacement England, DE248BJ; phone: 011–44–1332– engine failure and loss of control of the 242424; fax: 011–44–1332–245418 or email: Repeat the inspection required by _ airplane due to migration of the http://www.rolls-royce.com/contact/civil magneto impulse coupling stop pin out paragraphs (f)(1) and (f)(2) of this AD and team.jsp. replace the clips at intervals not exceeding (4) You may review copies at the FAA, of the magneto frame and into the gear every 3,000 hours time-since-last-inspection. New England Region, 12 New England train of the engine. (h) Re-Installation Prohibition Executive Park, Burlington, MA. For DATES: This AD is effective January 24, information on the availability of this Do not re-install any clips replaced in 2012. material at the FAA, call (781) 238–7125. accordance with paragraphs (f)(1) and (f)(2) ADDRESSES: For service information (5) You may also review copies of the of this AD. identified in this AD, contact Teledyne service information that is incorporated by Continental Motors, Inc., PO Box 90, (i) Previous Inspection Credit reference at the National Archives and Mobile, AL 36601; phone: 251–438– If you previously performed the inspection Records Administration (NARA). For information on the availability of this 3411, or go to http://tcmlink.com/ required by Revision 3 of SB RB.211–73– servicebulletins.cfm. You may review D685, dated August 18, 2009, or Revision 4 material at an NARA facility, call (202) 741– of SB RB.211–73–D685, dated January 20, 6030, or go to http://www.archives.gov/ copies of the referenced service federal_register/code_of_federal_regulations/ information at the FAA, Engine & 2010, or Revision 5 of ASB RB.211–73– _ AD685, dated August 18, 2010, you met the ibr locations.html. Propeller Directorate, 12 New England initial inspection requirements of this AD. Issued in Burlington, Massachusetts, on Executive Park, Burlington, MA 01803. For information on the availability of (j) Definition December 12, 2011. Thomas A. Boudreau, this material at the FAA, call (781) 238– ‘‘Last inspection’’ means the last 7125. inspection of the fan case LP fuel tubes, Acting Manager, Engine & Propeller P/Ns FK22617, FK19213, and FK23986, for Directorate, Aircraft Certification Service. Examining the AD Docket frettage between the securing clips and the [FR Doc. 2011–32490 Filed 12–19–11; 8:45 am] tube outer surface. You may examine the AD docket on BILLING CODE 4910–13–P the Internet at http:// (k) FAA AD Differences www.regulations.gov; or in person at the None. DEPARTMENT OF TRANSPORTATION Docket Management Facility between (l) Alternative Methods of Compliance 9 a.m. and 5 p.m., Monday through (AMOCs) Federal Aviation Administration Friday, except Federal holidays. The AD docket contains this AD, the regulatory The Manager, Engine Certification Office, FAA, may approve AMOCs for this AD. Use 14 CFR Part 39 evaluation, any comments received, and the procedures found in 14 CFR 39.19 to other information. The address for the [Docket No. FAA–2011–0085; Directorate Docket Office (phone: (800) 647–5527) make your request. Identifier 2000–NE–19–AD; Amendment 39– 16897; AD 2011–26–07] is Document Management Facility, U.S. (m) Related Information Department of Transportation, Docket (1) Refer to Mandatory Continuing RIN 2120–AA64 Operations, M–30, West Building Airworthiness Information European Ground Floor, Room W12–140, 1200 Aviation Safety Agency (EASA) Airworthiness Directives; Teledyne New Jersey Avenue SE., Washington, Airworthiness Directive 2010–0188, dated Continental Motors (TCM) and Rolls- DC 20590. September 20, 2010, and Rolls-Royce plc Royce Motors Ltd. (R–RM) Series FOR FURTHER INFORMATION CONTACT: Alert Service Bulletin RB.211–73–AD685, Reciprocating Engines Revision 6, dated February 21, 2011, for Juanita Craft, Aerospace Engineer, related information. Contact Rolls-Royce plc, AGENCY: Federal Aviation Atlanta Certification Office, FAA, Small Corporate Communications, P.O. Box 31, Administration (FAA), DOT. Airplane Directorate, 1701 Columbia Derby, England, DE248BJ; phone: 011–44– ACTION: Final rule. Avenue, College Park, Georgia 30337; 1332–242424; fax: 011–44–1332–245418; or phone: (404) 474–5584; fax: (404) 474– email: http://www.rolls-royce.com/contact/ SUMMARY: We are superseding an 5606; email: [email protected]. civil_team.jsp, for a copy of this service information. existing airworthiness directive (AD) for SUPPLEMENTARY INFORMATION: certain TCM and R–RM series (2) Contact Alan Strom, Aerospace Discussion Engineer, Engine Certification Office, FAA, reciprocating engines. That AD Engine & Propeller Directorate, 12 New currently requires replacement of We issued a notice of proposed England Executive Park, Burlington, MA certain magnetos if they fall within the rulemaking (NPRM) to amend 14 CFR

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part 39 to supersede AD 2002–13–04, Authority for This Rulemaking § 39.13 [Amended] amendment 39–12792 (67 FR 43230, ■ Title 49 of the United States Code 2. The FAA amends § 39.13 by June 27, 2002). That AD applies to the specifies the FAA’s authority to issue removing airworthiness directive (AD) specified products. The NPRM rules on aviation safety. Subtitle I, 2002–13–04, Amendment 39–12792 (67 published in the Federal Register on Section 106, describes the authority of FR 43230, June 27, 2002), and adding June 28, 2011 (76 FR 37682). That the FAA Administrator. Subtitle VII, the following new AD: NPRM proposed to continue to require Aviation Programs, describes in more 2011–26–07 Teledyne Continental Motors replacement of certain magnetos if they detail the scope of the Agency’s (TCM) and Rolls-Royce Motors Ltd. (R– fall within the specified S/N range, authority. RM) Series Reciprocating Engines: inspection of the removed magneto to Amendment 39–16897; Docket No. verify that the stop pin is still in place, We are issuing this rulemaking under FAA–2011–0085; Directorate Identifier and, if the stop pin is not in place, the authority described in Subtitle VII, 2000–NE–19–AD. Part A, Subpart III, Section 44701, inspection of the engine gear train, (a) Effective Date crankcase, and accessory case. That ‘‘General requirements.’’ Under that section, Congress charges the FAA with This airworthiness directive (AD) is NPRM also proposed to correct the effective January 24, 2012. range of S/Ns affected and add R–RM C– promoting safe flight of civil aircraft in 125, C–145, O–300, IO–360, TSIO–360, air commerce by prescribing regulations (b) Affected ADs and LTSIO–520–AE series reciprocating for practices, methods, and procedures This AD supersedes AD 2002–13–04, engines to the applicability. We are the Administrator finds necessary for Amendment 39–12792 (67 FR 43230, June issuing this AD to prevent engine failure safety in air commerce. This regulation 27, 2002). is within the scope of that authority and loss of control of the airplane due (c) Applicability because it addresses an unsafe condition to migration of the magneto impulse This AD applies to TCM and R–RM C–125, coupling stop pin out of the magneto that is likely to exist or develop on products identified in this rulemaking C–145, O–300, IO–360, TSIO–360, and frame and into the gear train of the LTSIO–520–AE series reciprocating engines engine. action. with Champion Aerospace (formerly Unison Regulatory Findings Industries) Slick Magnetos, models 6314, Comments 6324, and 6364, with magneto serial numbers We have determined that this AD will (S/Ns) of 99110001 through 99129999, We gave the public the opportunity to not have federalism implications under inclusive. participate in developing this AD. The Executive Order 13132. This AD will (d) Unsafe Condition following presents the comment not have a substantial direct effect on This AD was prompted by an error in the received on the proposal and the FAA’s the States, on the relationship between response to this comment. previous AD applicability in the range of the national government and the States, magneto S/Ns affected, and by the need to Question on Who the AD Is Written or on the distribution of power and include certain engines made by R–RM, Against responsibilities among the various under license of TCM. We are issuing this AD levels of government. to prevent engine failure and loss of control A commenter, not further identified, For the reasons discussed above, I of the airplane due to migration of the asked why the AD was issued against certify that this AD: magneto impulse coupling stop pin out of the TCM and not ‘‘Slick.’’ magneto frame and into the gear train of the (1) Is not a ‘‘significant regulatory engine. We do not agree. We write ADs action’’ under Executive Order 12866, against either a product or an appliance. (2) Is not a ‘‘significant rule’’ under (e) Compliance In the case of this AD, magnetos are part DOT Regulatory Policies and Procedures Comply with this AD within 10 flight of the engine type certificate and, (44 FR 11034, February 26, 1979), hours after the effective date of this AD, unless already done. therefore, considered part of the product (3) Will not affect intrastate aviation (the engine). We did not change the AD in Alaska, and (f) Replacement of Magneto as a result of this comment. (4) Will not have a significant Replace any magneto that has an S/N of Conclusion economic impact, positive or negative, 99110001 through 99129999, inclusive, with on a substantial number of small entities a magneto that does not have a serial number We reviewed the relevant data, under the criteria of the Regulatory in that range. If a magneto is not in this S/ considered the comment received, and N range, no further action is required by this Flexibility Act. AD. determined that air safety and the public interest require adopting the AD List of Subjects in 14 CFR Part 39 (g) Inspections as proposed. Air transportation, Aircraft, Aviation Inspect each removed magneto to verify that the impulse coupling stop pin is present. Costs of Compliance safety, Incorporation by reference, Safety. If the pin is missing, do the following: We estimate that this AD affects 100 (1) For C–125, C–145, O–300, IO–360, and Adoption of the Amendment TSIO–360 series engines, do the following: R–RM C–125, C–145, O–300, IO–360, (i) Remove magnetos, alternator or TSIO–360, and LTSIO–520–AE series Accordingly, under the authority generator, and starter adapter from the reciprocating engines installed on delegated to me by the Administrator, accessory case. airplanes of U.S. registry. We also the FAA amends 14 CFR part 39 as (ii) Remove the accessory case from the estimate that it will take about 2 work- follows: crankcase and oil sump. hours per engine to perform the (iii) Visually inspect the entire engine gear inspections, and that the average labor PART 39—AIRWORTHINESS train for damaged or broken gears and gear DIRECTIVES teeth. rate is $85 per work-hour. Based on (iv) Inspect visible portions of the engine these figures, we estimate the total cost ■ 1. The authority citation for part 39 crankcase and accessory case for damage due of this AD to U.S. operators to be to the stop pin becoming lodged between the $17,000. Our cost estimate is exclusive continues to read as follows: engine gear train and the crankcase or of possible warranty coverage. Authority: 49 U.S.C. 106(g), 40113, 44701. accessory case.

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(v) If the accessory case is damaged, repair DEPARTMENT OF TRANSPORTATION to register. Additionally, individual or replace the accessory case. SIAP and Takeoff Minimums and ODP (vi) If the engine crankcase is damaged, Federal Aviation Administration copies may be obtained from: disassemble the engine, and repair or replace 1. FAA Public Inquiry Center (APA– the crankcase. 14 CFR Part 97 200), FAA Headquarters Building, 800 (vii) Inspect the oil pump drive gear teeth [Docket No. 30818; Amdt. No. 3457] Independence Avenue SW., and inner cam gear teeth for damage. Replace Washington, DC 20591; or any engine drive train component that has 2. The FAA Regional Office of the been damaged. Standard Instrument Approach (viii) Replace any damaged gear, and Procedures, and Takeoff Minimums region in which the affected airport is magnaflux the mating gears using the and Obstacle Departure Procedures; located. applicable engine overhaul manual. Miscellaneous Amendments FOR FURTHER INFORMATION CONTACT: (2) For LTSIO–520–AE series engines, do Richard A. Dunham III, Flight Procedure AGENCY: Federal Aviation the following: Standards Branch (AFS–420) Flight Administration (FAA), DOT. (i) Remove the starter adapter, fuel pump, Technologies and Programs Division, vacuum pumps, accessory drive pads, and ACTION: Final rule. Flight Standards Service, Federal both magnetos. Aviation Administration, Mike (ii) Visually inspect the entire engine gear SUMMARY: This rule establishes, amends, train for damaged or broken gears and gear suspends, or revokes Standard Monroney Aeronautical Center, 6500 teeth. Instrument Approach Procedures South MacArthur Blvd., Oklahoma City, (iii) If any damage has occurred, remove (SIAPs) and associated Takeoff OK 73169 (Mail Address: P.O. Box the engine from the airplane, disassemble the Minimums and Obstacle Departure 25082 Oklahoma City, OK 73125) engine, and inspect it for damage. If any Procedures for operations at certain telephone: (405) 954–4164. damage is found, repair as necessary. airports. These regulatory actions are SUPPLEMENTARY INFORMATION: This rule (iv) Replace any damaged gear, and needed because of the adoption of new amends Title 14, Code of Federal magnaflux the mating gears using the or revised criteria, or because of changes Regulations, part 97 (14 CFR part 97) by applicable engine overhaul manual. amending the referenced SIAPs. The (v) Inspect the interior portions of the occurring in the National Airspace System, such as the commissioning of complete regulatory description of each engine crankcase for damage due to the stop SIAP is listed on the appropriate FAA pin becoming lodged between the gear train new navigational facilities, adding new and the crankcase. If the crankcase is obstacles, or changing air traffic Form 8260, as modified by the National damaged, repair or replace the crankcase. requirements. These changes are Flight Data Center (FDC)/Permanent designed to provide safe and efficient Notice to Airmen (P–NOTAM), and is (h) Installation Prohibition use of the navigable airspace and to incorporated by reference in the After the effective date of this AD, do not promote safe flight operations under amendment under 5 U.S.C. 552(a), 1 install any Champion Aerospace (formerly instrument flight rules at the affected CFR part 51, and § 97.20 of Title 14 of Unison Industries) Slick magnetos, model airports. the Code of Federal Regulations. 6314, 6324, or 6364 that have an S/N of The large number of SIAPs, their 99110001 through 99129999, inclusive, on DATES: This rule is effective December complex nature, and the need for a any engine. 20, 2011. The compliance date for each special format make their verbatim SIAP, associated Takeoff Minimums, (i) Alternative Methods of Compliance publication in the Federal Register and ODP is specified in the amendatory The Manager, Atlanta Aircraft Certification expensive and impractical. Further, provisions. airmen do not use the regulatory text of Office, FAA, has the authority to approve The incorporation by reference of AMOCs for this AD, if requested using the the SIAPs, but refer to their graphic certain publications listed in the procedures found in 14 CFR 39.19. depiction on charts printed by regulations is approved by the Director publishers of aeronautical materials. (j) Related Information of the Federal Register as of December Thus, the advantages of incorporation (1) A cross-reference for part numbers (P/ 20, 2011. by reference are realized and Ns) for Champion Aerospace (formerly ADDRESSES: Availability of matter publication of the complete description Unison Industries) Slick magneto model 6314 incorporated by reference in the of each SIAP contained in FAA form (TCM P/N 653271), model 6324 (TCM P/N amendment is as follows: documents is unnecessary. This 653292), and model 6364 (TCM P/N 649696) For examination— can be found in TCM Mandatory Service amendment provides the affected CFR Bulletin MSB00–6D, dated November 19, 1. FAA Rules Docket, FAA sections and specifies the types of SIAP 2010. Headquarters Building, 800 and the corresponding effective dates. (2) For more information about this AD, Independence Avenue SW., This amendment also identifies the contact Juanita Craft, Aerospace Engineer, Washington, DC 20591; airport and its location, the procedure Propulsion, Atlanta Aircraft Certification 2. The FAA Regional Office of the and the amendment number. Office, FAA, Small Airplane Directorate; region in which the affected airport is 1701 Columbia Avenue, College Park, located; The Rule Georgia 30337; phone: (404) 474–5584; fax: 3. The National Flight Procedures This amendment to 14 CFR part 97 is (404) 474–5606; email: [email protected]. Office, 6500 South MacArthur Blvd., effective upon publication of each (k) Material Incorporated by Reference Oklahoma City, OK 73169; or separate SIAP as amended in the None. 4. The National Archives and Records transmittal. For safety and timeliness of Administration (NARA). For change considerations, this amendment Issued in Burlington, Massachusetts, on information on the availability of this incorporates only specific changes December 8, 2011. material at NARA, call (202) 741–6030, contained for each SIAP as modified by Peter A. White, or go to:http://www.archives.gov/ FDC/P–NOTAMs. Manager, Engine & Propeller Directorate, federal_register/code_of_federal_ The SIAPs, as modified by FDC Aircraft Certification Service. regulations/ibr_locations.html. P–NOTAM, and contained in this [FR Doc. 2011–32252 Filed 12–19–11; 8:45 am] Availability—All SIAPs are available amendment are based on the criteria BILLING CODE 4910–13–P online free of charge. Visit nfdc.faa.gov contained in the U.S. Standard for

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Terminal Instrument Procedures necessary to keep them operationally CFR part 97, is amended by amending (TERPS). In developing these changes to current. It, therefore—(1) is not a Standard Instrument Approach SIAPs, the TERPS criteria were applied ‘‘significant regulatory action’’ under Procedures, effective at 0901 UTC on only to specific conditions existing at Executive Order 12866; (2) is not a the dates specified, as follows: the affected airports. All SIAP ‘‘significant rule’’ under DOT amendments in this rule have been Regulatory Policies and Procedures (44 PART 97—STANDARD INSTRUMENT previously issued by the FAA in a FDC FR 11034; February 26, 1979); and (3) APPROACH PROCEDURES NOTAM as an emergency action of does not warrant preparation of a immediate flight safety relating directly regulatory evaluation as the anticipated ■ 1. The authority citation for part 97 to published aeronautical charts. The impact is so minimal. For the same continues to read as follows: circumstances which created the need reason, the FAA certifies that this Authority: 49 U.S.C. 106(g), 40103, 40106, for all these SIAP amendments requires amendment will not have a significant 40113, 40114, 40120, 44502, 44514, 44701, making them effective in less than 30 economic impact on a substantial 44719, 44721–44722. days. number of small entities under the ■ Because of the close and immediate criteria of the Regulatory Flexibility Act. 2. Part 97 is amended to read as follows: relationship between these SIAPs and List of Subjects in 14 CFR Part 97 safety in air commerce, I find that notice §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and public procedure before adopting Air traffic control, Airports, 97.35 [Amended] these SIAPs are impracticable and Incorporation by reference, Navigation By amending: § 97.23 VOR, VOR/ contrary to the public interest and, (air). DME, VOR or TACAN, and VOR/DME where applicable, that good cause exists Issued in Washington, DC, on December 9, or TACAN; § 97.25 LOC, LOC/DME, for making these SIAPs effective in less 2011. LDA, LDA/DME, SDF, SDF/DME; than 30 days. John M. Allen, § 97.27 NDB, NDB/DME; § 97.29 ILS, Conclusion Director, Flight Standards Service. ILS/DME, MLS, MLS/DME, MLS/RNAV; The FAA has determined that this Adoption of the Amendment § 97.31 RADAR SIAPs; § 97.33 RNAV regulation only involves an established Accordingly, pursuant to the SIAPs; and § 97.35 COPTER SIAPs, body of technical regulations for which authority delegated to me, Title 14, Identified as follows: frequent and routine amendments are Code of Federal Regulations, part 97, 14 * * * Effective Upon Publication

AIRAC Date State City Airport FDC No. FDC Date Subject

12–Jan–12 ... CQ Rota Island ...... Rota Intl ...... 1/2192 11/9/11 This NOTAM, published in TL 12– 01, is hereby rescinded in its en- tirety. 12–Jan–12 ... CQ Rota Island ...... Rota Intl ...... 1/2193 11/9/11 This NOTAM, published in TL 12– 01, is hereby rescinded in its en- tirety. 12–Jan–12 ... CQ Rota Island ...... Rota Intl ...... 1/2194 11/9/11 This NOTAM, published in TL 12– 01, is hereby rescinded in its en- tirety. 12–Jan–12 ... WI Racine ...... John H. Batten ...... 1/1475 11/9/11 RNAV (GPS) RWY 4, Orig. 12–Jan–12 ... WI Racine ...... John H. Batten ...... 1/1478 11/9/11 VOR RWY 4, Amdt 1. 12–Jan–12 ... WI Racine ...... John H. Batten ...... 1/1479 11/9/11 RNAV (GPS) RWY 32, Orig. 12–Jan–12 ... NJ Berlin ...... Camden County ...... 1/2601 12/1/11 RNAV (GPS) RWY 5, Orig. 12–Jan–12 ... NJ Berlin ...... Camden County ...... 1/2603 12/1/11 RNAV (GPS) RWY 23, Orig. 12–Jan–12 ... NC Beaufort ...... Michael J. Smith Field 1/2605 12/1/11 RNAV (GPS) RWY 21, Amdt 1. 12–Jan–12 ... CT Windsor Locks ...... Bradley Intl ...... 1/3411 12/1/11 ILS OR LOC RWY 24, ILS RWY 24 (SA CAT I), ILS RWY 24 (SA CAT II), Amdt 12. 12–Jan–12 ... TN Memphis ...... Memphis Intl ...... 1/4441 12/1/11 ILS OR LOC RWY 36L, ILS RWY 36L (CAT II), ILS RWY 36L (CAT III), Amdt 14A. 12–Jan–12 ... GA Brunswick ...... Brunswick Golden Isles 1/4953 12/1/11 RNAV (GPS) RWY 7, Amdt 1. 12–Jan–12 ... PA Selinsgrove ...... Penn Valley ...... 1/4954 12/1/11 VOR A, Amdt 7. 12–Jan–12 ... PA Selinsgrove ...... Penn Valley ...... 1/4955 12/1/11 RNAV (GPS) RWY 17, Orig. 12–Jan–12 ... FL Orlando ...... Orlando Sanford Intl .... 1/5827 12/1/11 RNAV (GPS) RWY 9R, Orig-B. 12–Jan–12 ... FL Orlando ...... Orlando Sanford Intl .... 1/5828 12/1/11 RNAV (GPS) RWY 9L, Amdt 2B. 12–Jan–12 ... FL Orlando ...... Orlando Sanford Intl .... 1/5829 12/1/11 ILS OR LOC RWY 9L, Amdt 3A. 12–Jan–12 ... FL Orlando ...... Orlando Sanford Intl .... 1/5830 12/1/11 ILS OR LOC RWY 27R, Amdt 1A. 12–Jan–12 ... FL Orlando ...... Orlando Sanford Intl .... 1/5831 12/1/11 RNAV (GPS) RWY 27R, Amdt 1B. 12–Jan–12 ... FL Orlando ...... Orlando Sanford Intl .... 1/5832 12/1/11 NDB B, Orig-A. 12–Jan–12 ... FL Orlando ...... Orlando Sanford Intl .... 1/5833 12/1/11 ILS OR LOC RWY 9R, Orig-A. 12–Jan–12 ... FL Orlando ...... Orlando Sanford Intl .... 1/5835 12/1/11 RNAV (GPS) RWY 18, Orig-A. 12–Jan–12 ... FL Orlando ...... Orlando Sanford Intl .... 1/5836 12/1/11 NDB C, Orig-A. 12–Jan–12 ... MA Beverly ...... Beverly Muni ...... 1/6016 12/1/11 RNAV (GPS) RWY 16, Amdt 1. 12–Jan–12 ... VA South Boston ...... Willam M Tuck ...... 1/6226 12/1/11 Takeoff Minimums and Obstacle DP, Amdt 3. 12–Jan–12 ... NC Mount Airy ...... Mount Airy/Surry Coun- 1/6390 12/1/11 NDB RWY 36, Orig-A. ty. 12–Jan–12 ... MO Kansas City ...... Charles B. Wheeler 1/6613 12/1/11 ILS OR LOC RWY 19, Amdt 22A. Downtown. 12–Jan–12 ... NV Las Vegas ...... Mc Carran Intl ...... 1/6652 12/1/11 ILS OR LOC RWY 25R, Amdt 17.

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AIRAC Date State City Airport FDC No. FDC Date Subject

12–Jan–12 ... NV Las Vegas ...... Mc Carran Intl ...... 1/6653 12/1/11 ILS OR LOC/DME RWY 1L, Orig- A. 12–Jan–12 ... NV Las Vegas ...... Mc Carran Intl ...... 1/6654 12/1/11 RNAV (GPS) RWY 1R, Amdt 1. 12–Jan–12 ... NV Las Vegas ...... Mc Carran Intl ...... 1/6655 12/1/11 RNAV (GPS) RWY 19R, Amdt 1. 12–Jan–12 ... NV Las Vegas ...... Mc Carran Intl ...... 1/6656 12/1/11 VOR RWY 25L/R, Amdt 3. 12–Jan–12 ... NV Las Vegas ...... Mc Carran Intl ...... 1/6657 12/1/11 RNAV (GPS) RWY 19L, Amdt 1. 12–Jan–12 ... NV Las Vegas ...... Mc Carran Intl ...... 1/6658 12/1/11 VOR/DME A, Orig-C.

[FR Doc. 2011–32498 Filed 12–19–11; 8:45 am] 2. The FAA Regional Office of the Federal Register expensive and BILLING CODE 4910–13–P region in which the affected airport is impractical. Furthermore, airmen do not located; use the regulatory text of the SIAPs, 3. The National Flight Procedures Takeoff Minimums or ODPs, but instead DEPARTMENT OF TRANSPORTATION Office, 6500 South MacArthur Blvd., refer to their depiction on charts printed Oklahoma City, OK 73169 or by publishers of aeronautical materials. Federal Aviation Administration 4. The National Archives and Records The advantages of incorporation by Administration (NARA). For reference are realized and publication of 14 CFR Part 97 information on the availability of this the complete description of each SIAP, material at NARA, call (202) 741–6030, Takeoff Minimums and ODP listed on [Docket No. 30817; Amdt. No. 3456] or go to: http://www.archives.gov/ FAA forms is unnecessary. This _ _ _ _ amendment provides the affected CFR Standard Instrument Approach federal register/code of federal _ sections and specifies the types of SIAPs Procedures, and Takeoff Minimums regulations/ibr locations.html. Availability— All SIAPs and Takeoff and the effective dates of the, associated and Obstacle Departure Procedures; Takeoff Minimums and ODPs. This Miscellaneous Amendments Minimums and ODPs are available online free of charge. Visit http://www. amendment also identifies the airport AGENCY: Federal Aviation nfdc.faa.gov to register. Additionally, and its location, the procedure, and the Administration (FAA), DOT. individual SIAP and Takeoff Minimums amendment number. ACTION: Final rule. and ODP copies may be obtained from: The Rule 1. FAA Public Inquiry Center (APA– SUMMARY: This rule establishes, amends, 200), FAA Headquarters Building, 800 This amendment to 14 CFR part 97 is suspends, or revokes Standard Independence Avenue SW., effective upon publication of each Instrument Approach Procedures Washington, DC 20591; or separate SIAP, Takeoff Minimums and (SIAPs) and associated Takeoff 2. The FAA Regional Office of the ODP as contained in the transmittal. Minimums and Obstacle Departure region in which the affected airport is Some SIAP and Takeoff Minimums and Procedures for operations at certain located. textual ODP amendments may have been issued previously by the FAA in a airports. These regulatory actions are FOR FURTHER INFORMATION CONTACT: needed because of the adoption of new Flight Data Center (FDC) Notice to Richard A. Dunham III, Flight Procedure Airmen (NOTAM) as an emergency or revised criteria, or because of changes Standards Branch (AFS–420), Flight occurring in the National Airspace action of immediate flight safety relating Technologies and Programs Divisions, directly to published aeronautical System, such as the commissioning of Flight Standards Service, Federal new navigational facilities, adding new charts. The circumstances which Aviation Administration, Mike created the need for some SIAP and obstacles, or changing air traffic Monroney Aeronautical Center, 6500 requirements. These changes are Takeoff Minimums and ODP South MacArthur Blvd., Oklahoma City, amendments may require making them designed to provide safe and efficient OK 73169 (Mail Address: P.O. Box use of the navigable airspace and to effective in less than 30 days. For the 25082, Oklahoma City, OK 73125) remaining SIAPS and Takeoff promote safe flight operations under Telephone: (405) 954–4164. instrument flight rules at the affected Minimums and ODPS, an effective date airports. SUPPLEMENTARY INFORMATION: This rule at least 30 days after publication is amends Title 14 of the Code of Federal provided. DATES: This rule is effective December Regulations, part 97 (14 CFR part 97), by Further, the SIAPs and Takeoff 20, 2011. The compliance date for each establishing, amending, suspending, or Minimums and ODPS contained in this SIAP, associated Takeoff Minimums, revoking SIAPS, Takeoff Minimums amendment are based on the criteria and ODP is specified in the amendatory and/or ODPS. The complete regulators contained in the U.S. Standard for provisions. description of each SIAP and its Terminal Instrument Procedures The incorporation by reference of associated Takeoff Minimums or ODP (TERPS). In developing these SIAPS and certain publications listed in the for an identified airport is listed on FAA Takeoff Minimums and ODPs, the regulations is approved by the Director form documents which are incorporated TERPS criteria were applied to the of the Federal Register as of December by reference in this amendment under 5 conditions existing or anticipated at the 20, 2011. U.S.C. 552(a), 1 CFR part 51, and 14 affected airports. Because of the close ADDRESSES: Availability of matters CFR part 97.20. The applicable FAA and immediate relationship between incorporated by reference in the Forms are FAA Forms 8260–3, 8260–4, these SIAPs, Takeoff Minimums and amendment is as follows: 8260–5, 8260–15A, and 8260–15B when ODPs, and safety in air commerce, I find For examination— required by an entry on 8260–15A. that notice and public procedures before 1. FAA Rules Docket, FAA The large number of SIAPs, Takeoff adopting these SIAPS, Takeoff Headquarters Building, 800 Minimums and ODPs, in addition to Minimums and ODPs are impracticable Independence Avenue SW., their complex nature and the need for and contrary to the public interest and, Washington, DC 20591; a special format make publication in the where applicable, that good cause exists

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for making some SIAPs effective in less Olathe, KS, Johnson County Executive, LOC/ Middleton Island, AK, Middleton Island, than 30 days. DME RWY 18, Amdt 7D RNAV (GPS) RWY 1, Amdt 1 Boston, MA, General Edward Lawrence Middleton Island, AK, Middleton Island, Conclusion Logan Intl, RNAV (GPS) RWY 15R, Amdt RNAV (GPS) RWY 19, Amdt 1 The FAA has determined that this 1A Petersburg, AK, Petersburg James A. Johnson, Mooresville, NC, Lake Norman Airpark, GPS–B, Orig, CANCELLED regulation only involves an established RNAV (GPS) RWY 14, Orig-B Petersburg, AK, Petersburg James A. Johnson, body of technical regulations for which Hastings, NE., Hastings Muni, RNAV (GPS) LDA/DME–D, Amdt 6 frequent and routine amendments are RWY 4, Orig Petersburg, AK, Petersburg James A. Johnson, necessary to keep them operationally Hastings, NE., Hastings Muni, RNAV (GPS) RNAV (GPS)–B, Orig current. It, therefore—(1) is not a RWY 32, Orig Petersburg, AK, Petersburg James A. Johnson, ‘‘significant regulatory action’’ under Hastings, NE., Hastings Muni, VOR RWY 32, Takeoff Minimums and Obstacle DP, Amdt Executive Order 12866; (2) is not a Amdt 14 5 ‘‘significant rule ’’ under DOT Portland, OR, Portland Intl, ILS OR LOC Petersburg, AK, Petersburg James A. Johnson, Regulatory Policies and Procedures (44 RWY 10R, ILS RWY 10R (SA CAT I), ILS ZARUT ONE Graphic DP RWY 10R (CAT II), ILS RWY 10R (CAT III), Soldotna, AK, Soldotna, NDB RWY 7, Amdt FR 11034; February 26, 1979); and (3) Amdt 34 2 does not warrant preparation of a Greenville, SC, Greenville Downtown, Soldotna, AK, Soldotna, NDB RWY 25, Amdt regulatory evaluation as the anticipated Takeoff Minimums and Obstacle DP, Amdt 3 impact is so minimal. For the same 6 Soldotna, AK, Soldotna, VOR–A, Amdt 7 reason, the FAA certifies that this Fort Hood/Killeen, TX, Robert Gray AAF, Valdez, AK, Valdez Pioneer Field, JMAAL amendment will not have a significant RADAR–2, Orig ONE Graphic DP Valdez, AK, Valdez Pioneer Field, LDA/ economic impact on a substantial Effective 9 FEB 2012 number of small entities under the DME–H, Amdt 1 Anchorage, AK, Merrill Field, RNAV (GPS)– Valdez, AK, Valdez Pioneer Field, Takeoff criteria of the Regulatory Flexibility Act. A, Amdt 1 Minimums and Obstacle DP, Amdt 6 List of Subjects in 14 CFR Part 97 Anchorage, AK, Merrill Field, Takeoff Wasilla, AK, Wasilla Takeoff Minimums and Minimums and Obstacle DP, Amdt 1 Obstacle DP, Amdt 1 Air Traffic Control, Airports, Anchorage, AK, Ted Stevens Anchorage Intl, Anniston, AL Anniston Rgnl, ILS OR LOC Incorporation by reference, and ILS OR LOC/DME RWY 7L, ILS RWY 7L RWY 5, Amdt 3B Navigation (air). (SA CAT I), ILS RWY 7L (CAT II), Amdt Anniston, AL Anniston Rgnl, NDB RWY 5, Issued in Washington, DC, on December 9, 2 Amdt 4B 2011. Anchorage, AK, Ted Stevens Anchorage Intl, Anniston, AL Anniston Rgnl, RNAV (GPS) ILS OR LOC/DME RWY 7R, ILS RWY 7R RWY 5, Amdt 1A John M. Allen, (SA CAT I), ILS RWY 7R (CAT II), ILS Anniston, AL Anniston Rgnl, RNAV (GPS) Y Director, Flight Standards Service. RWY 7R (CAT III), Amdt 2 RWY 23, Amdt 1A Adoption of the Amendment Anchorage, AK, Ted Stevens Anchorage Intl, Anniston, AL Anniston Rgnl, RNAV (GPS) Z ILS RWY 15, Amdt 5 RWY 23, Orig-A Accordingly, pursuant to the Anchorage, AK, Ted Stevens Anchorage Intl, Anniston, AL Anniston Rgnl, Takeoff authority delegated to me, Title 14, RNAV (GPS) RWY 7L, Amdt 2 Minimums and Obstacle DP, Amdt 6A Code of Federal Regulations, part 97 (14 Anchorage, AK, Ted Stevens Anchorage Intl, Nashville, AR, Howard County, RNAV (GPS) CFR part 97) is amended by RNAV (GPS) RWY 7R, Amdt 4 RWY 1, Orig establishing, amending, suspending, or Anchorage, AK, Ted Stevens Anchorage Intl, Nashville, AR, Howard County, RNAV (GPS) revoking Standard Instrument Approach RNAV (GPS) RWY 15, Amdt 2 RWY 19, Orig Anchorage, AK, Ted Stevens Anchorage Intl, Nashville, AR, Howard County, Takeoff Procedures and/or Takeoff Minimums Takeoff Minimum and Obstacle DP, Amdt Minimums and Obstacle DP, Orig and/or Obstacle Departure Procedures 7 Chinle, AZ, Chinle Muni, Takeoff Minimums effective at 0902 UTC on the dates Anchorage, AK, Ted Stevens Anchorage Intl, and Obstacle DP, Orig specified, as follows: VOR RWY 7R, Amdt 13A, CANCELLED Douglas Bisbee, AZ, Bisbee Douglas Intl, Big Lake, AK, Big Lake, RNAV (GPS) RWY Takeoff Minimums and Obstacle DP, Amdt PART 97—STANDARD INSTRUMENT 7, Amdt 1 1 APPROACH PROCEDURES Big Lake, AK, Big Lake, RNAV (GPS) RWY Los Angeles, CA, Los Angeles Intl, ILS OR 25, Amdt 1 LOC RWY 25R, Amdt 17A ■ 1. The authority citation for part 97 Big Lake, AK, Big Lake, Takeoff Minimums Fort Collins/Loveland, CO, Fort Collins- continues to read as follows: and Obstacle DP, Amdt 2 Loveland Muni, ILS OR LOC RWY 33, Big Lake, AK, Big Lake, VOR RWY 7, Amdt Amdt 6A Authority: 49 U.S.C. 106(g), 40103, 40106, 7 Leesburg, FL, Leesburg Intl, RNAV (GPS) 40113, 40114, 40120, 44502, 44514, 44701, Galena, AK, Edward G. Pitka Sr., VOR/DME RWY 13, Amdt 2A 44719, 44721–44722. RWY 7, Amdt 7B Clinton, IA, Clinton Muni, ILS OR LOC RWY ■ 2. Part 97 is amended to read as Galena, AK, Edward G. Pitka Sr., VOR/DME 3, Amdt 5 follows: RWY 25, Amdt 10B Independence, IA, Independence Muni, Kenai, AK, Kenai Muni, ILS OR LOC RWY Takeoff Minimums and Obstacle DP, Amdt Effective 12 JAN 2012 19R, Amdt 4 5 San Francisco, CA, San Francisco Intl, Kenai, AK, Kenai Muni, RNAV (GPS) RWY Driggs, ID, Driggs-Reed Memorial, GPS–A, Takeoff Minimums and Obstacle DP, Amdt 1L, Amdt 2 Orig-C, CANCELLED 7 Kenai, AK, Kenai Muni, RNAV (GPS) RWY Driggs, ID, Driggs-Reed Memorial, RNAV New Haven, CT, Tweed-New Haven, Takeoff 19R, Amdt 2 (GPS)–A, Orig Minimums and Obstacle DP, Amdt 6 Kenai, AK, Kenai Muni, VOR RWY 19R, Paris, IL, Edgar County, NDB RWY 27, Amdt Fort Myers, FL Southwest Florida Intl, VOR/ Amdt 19 10, CANCELLED DME OR TACAN RWY 24, Amdt 2A Kenai, AK, Kenai Muni, VOR/DME RWY 1L, Olathe, KS, New Century Aircenter, VOR–A, Nahunta, GA, Brantley County, Takeoff Amdt 8 Amdt 6B, CANCELLED Minimums and Obstacle DP, Orig Kodiak, AK, Kodiak, ILS OR LOC/DME Y Scott City, KS, Scott City Muni, Takeoff Independence, KS, Independence Muni, ILS RWY 25, Amdt 2 Minimums and Obstacle DP, Orig OR LOC RWY 35, Amdt 1A Kodiak, AK, Kodiak, VOR RWY 25, Amdt 2 Grand Haven MI, Grand Haven Memorial Olathe, KS, Johnson County Executive, LOC McGrath, AK, McGrath, VOR/DME–C, Amdt Airpark, Takeoff Minimums and Obstacle RWY 36, Amdt 1B 2 DP, Amdt 5

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Cook, MN, Cook Muni, Takeoff Minimums ACTION: Final rule. Description and Explanation of Change and Obstacle DP, Amdt 1 The purpose of this rule is to amend Ely, MN, Ely Muni, Takeoff Minimums and SUMMARY: The Director of the National section 285.4, Establishment of Obstacle DP, Amdt 3 Institute of Standards and Technology laboratory accreditation programs Aurora, MO, Jerry Sumners Sr Aurora Muni, (NIST), United States Department of GPS RWY 36, Orig, CANCELLED (LAPs) within NVLAP, so that it Commerce, is issuing a final rule Aurora, MO, Jerry Sumners Sr Aurora Muni, conforms to the intent of the 2001 amending the regulations pertaining to RNAV (GPS) RWY 18, Orig revisions to Part 285 of Title 15 of the the National Voluntary Laboratory Aurora, MO, Jerry Sumners Sr Aurora Muni, CFR and makes the regulations easier to Accreditation Program (NVLAP). RNAV (GPS) RWY 36, Orig understand. NIST is amending the last Branson West, MO, Branson West Muni- Regulations concerning the sentence in section 285.4 as follows: Emerson Field, RNAV (GPS) RWY 3, Orig establishment of laboratory change the third instance of the word Branson West, MO, Branson West Muni- accreditation programs (LAPs) within ‘‘and’’ to ‘‘or,’’ and add the words ‘‘to Emerson Field, RNAV (GPS) RWY 21, Orig NVLAP are being amended to clarify the Farmington, MO, Farmington Rgnl, VOR/ ensure open participation’’ after the original intent of this section and to DME–A, Orig-B phrase ‘‘other means.’’ improve the readability and Jackson, MS, Hawkins Field, ILS OR LOC As a signatory to the International understanding of the agency’s RWY 16, Amdt 5A Laboratory Accreditation Cooperation regulations. West Yellowstone, MT, Yellowstone, Takeoff (ILAC) Mutual Recognition Minimums and Obstacle DP, Amdt 2 DATES: West Yellowstone, MT, Yellowstone, TARGY This rule is effective on Arrangement (MRA), NVLAP complies ONE Graphic DP December 20, 2011. with the requirements of ISO/IEC 17011, Hickory, NC, Hickory Rgnl, HICKORY ADDRESSES: David F. Alderman, Acting Conformity assessment—General THREE Graphic DP Chief, National Voluntary Laboratory requirements for accreditation bodies Northwood, ND, Northwood Muni-Vince Accreditation Program, National accrediting conformity assessment Field, Takeoff Minimums and Obstacle DP, Institute of Standards and Technology, bodies. The change will allow NVLAP Orig more flexibility in determining how to Zelienople, PA, Zelienople Muni, RNAV 100 Bureau Drive, Stop 2140, Gaithersburg, MD 20899–2140. best fulfill the requirements for (GPS) RWY 17, Orig-A impartiality found in ISO/IEC 17011, Hohenwald, TN, John A. Baker Fld, NDB FOR FURTHER INFORMATION CONTACT: 4.3.2, by assuring a balanced RWY 2, Orig-B David F. Alderman, Acting Chief, representation of interested parties Hohenwald, TN, John A. Baker Fld, RNAV National Voluntary Laboratory when evaluating the need for a (GPS) RWY 2, Amdt 1 Accreditation Program, National requested LAP. Seymour, TX, Seymour Muni, Takeoff Institute of Standards and Technology, Minimums and Obstacle DP, Orig The original intent of the last sentence 100 Bureau Drive, Stop 2140, Norfolk, VA, Chesapeake Rgnl, Takeoff of section 285.4 was to allow NVLAP Gaithersburg, MD 20899–2140; Minimums and Obstacle DP, Amdt 3 the flexibility to employ the most telephone number: (301) 975–4019; La Crosse, WI, La Crosse Muni, ILS OR LOC appropriate means to ensure open email address: RWY 18, Amdt 20 participation of stakeholders; however, [email protected]; NVLAP Web Rescinded: On December 12, 2011 (76 FR the use of the word ‘‘and’’ may be site: www.nist.gov/nvlap. 77112), the FAA published an Amendment misinterpreted to mean that a public in Docket No. 30815, Amdt No. 3454 to Part SUPPLEMENTARY INFORMATION: 97 of the Federal Aviation Regulations under workshop is required for each and every section 97.33. The following four entries, Background LAP request. There are numerous means effective December 15, 2011, are hereby by which consultation with interested rescinded in their entirety: Title 15 Part 285 of the Code of parties may be accomplished exclusive Rota Island-North Mariana Island, CQ, Rota Federal Regulations sets out procedures of a workshop, which include, but are Intl, GPS RWY 9, Orig-C, CANCELLED and general requirements under which not limited to meeting with government Rota Island-North Mariana Island, CQ, Rota the National Voluntary Laboratory and individual industry stakeholders on Intl, GPS RWY 27, Orig-C, CANCELLED Accreditation Program (NVLAP) a frequent basis, attending consortia and Rota Island-North Mariana Island, CQ, Rota operates as an unbiased third party to conferences at which regulators, Intl, RNAV (GPS) RWY 9, Orig accredit both testing and calibration specifiers, and requesters are in Rota Island-North Mariana Island, CQ, Rota laboratories. NVLAP establishes attendance, and soliciting public Intl, RNAV (GPS) RWY 27, Orig laboratory accreditation programs comments via public notices, electronic [FR Doc. 2011–32506 Filed 12–19–11; 8:45 am] (LAPs) in response to legislation or communications, and news articles. BILLING CODE 4910–13–P requests from government agencies and Further, the use of the word ‘‘or’’ does private sector entities. not preclude the use of both workshops The NVLAP procedures were first and other means to collect the necessary DEPARTMENT OF COMMERCE published in the Federal Register on information. February 25, 1976, and have been National Institute of Standards and revised several times. In 2001, major Summary of Comments Technology revisions to the procedures were On March 29, 2011, the National published to ensure their consistency Institute of Standards and Technology 15 CFR Part 285 with certain international standards and published a notice of proposed [Docket No 110125063–1687–02] guidance documents, and to reorganize rulemaking and request for comments in and simplify Part 285 for ease of use and the Federal Register (76 FR 17367) RIN 0693–AB61 understanding. While the existing pertaining to the proposed amendment National Voluntary Laboratory regulations were accurate, the language to section 285.4 of Part 285 of Title 15 Accreditation Program; Operating was complex and difficult to of the CFR. The comment period closed Procedures understand; therefore, the procedures on April 28, 2011. No comments were were rewritten in plain English and received and there is no other reason to AGENCY: National Institute of Standards their subparts consolidated in order to believe that any alteration to the and Technology (NIST), Commerce. make the regulations more user friendly. proposed rule is necessary; therefore,

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NIST will implement the rulemaking as National Environmental Policy Act of DATES: This rule is effective December proposed. 1969. 20, 2011. Classification List of Subjects in 15 CFR Part 285 FOR FURTHER INFORMATION CONTACT: Angela K.S. Clarke, Center for Executive Order 12866 Accreditation, Business and industry, Veterinary Medicine (HFV–112), Food Calibration, Commerce, Conformity This rule is not a significant rule for and Drug Administration, 7500 Standish assessment, Laboratories, Measurement the purposes of Executive Order 12866. Pl., Rockville, MD 20855, (240) 276– standards, Testing. 8318, email: [email protected]. Executive Order 12612 For the reasons set forth in the SUPPLEMENTARY INFORMATION: Novartis This rule does not contain policies preamble, title 15 of the Code of Federal Animal Health US, Inc., 3200 Northline with Federalism implications sufficient Regulations is amended as follows: Ave., suite 300, Greensboro, NC 27408, to warrant preparation of a Federalism filed NADA 141–329 that provides for PART 285—NATIONAL VOLUNTARY assessment under Executive Order the use of ATOPICA for Cats LABORATORY ACCREDITATION 12612. (cyclosporine oral solution, USP PROGRAM (MODIFIED)) by veterinary prescription Regulatory Flexibility Act for the control of feline allergic ■ 1. The authority citation for 15 CFR dermatitis in cats at least 6 months of The Chief Counsel for Regulation, Part 285 continues to read as follows: Department of Commerce, certified to age and weighing at least 3 pounds. The the Chief Counsel for Advocacy, Small Authority: 15 U.S.C. 272 et seq. NADA is approved as of August 8, 2011, Business Administration, at the ■ 2. Section 285.4 is amended by and 21 CFR 520.522 is amended to proposed rule stage, under the revising the last sentence to read as reflect the approval. provisions of the Regulatory Flexibility follows: A summary of safety and effectiveness Act (5 U.S.C. 605(b)), that this rule will data and information submitted to § 285.4 Establishment of laboratory support approval of this application not have a significant economic impact accreditation programs (LAPs) within on a substantial number of small entities NVLAP. may be seen in the Division of Dockets for the following reasons: (1) The Management (HFA–305), Food and Drug * * * For requests from private sector regulation is procedural and has no Administration, 5630 Fishers Lane, rm. entities and government agencies, the impact on any entity unless that entity 1061, Rockville, MD 20852, between Chief of NVLAP shall analyze each chooses to participate, in which case, 9 a.m. and 4 p.m., Monday through request, and, after consultation with the cost to the participant is the same Friday. interested parties through public cost for any size participant; (2) access The Agency has determined under 21 workshops or other means to ensure to NVLAP’s accreditation system is not CFR 25.33 that this action is of a type open participation, shall establish the conditional upon the size of a laboratory that does not individually or requested LAP, if the Chief of NVLAP or membership of any association or cumulatively have a significant effect on determines there is need for the group, nor are there undue financial the human environment. Therefore, requested LAP. conditions to restrict participation; and neither an environmental assessment (3) the technical criteria, against which Dated: December 8, 2011. nor an environmental impact statement individual laboratories are assessed, are Willie E. May, is required. not changed by this rule. No comments Associate Director for Laboratory Programs. This rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because were received on this certification; [FR Doc. 2011–32256 Filed 12–19–11; 8:45 am] it is a rule of ‘‘particular applicability.’’ therefore no regulatory flexibility BILLING CODE 3510–13–P analysis is required and none was Therefore, it is not subject to the prepared. congressional review requirements in 5 U.S.C. 801–808. Paperwork Reduction Act DEPARTMENT OF HEALTH AND HUMAN SERVICES List of Subjects in 21 CFR Part 520 This rule does not involve a new Animal drugs. collection of information subject to the Food and Drug Administration Paperwork Reduction Act (PRA). The Therefore, under the Federal Food, collection of information for NVLAP has [Docket No. FDA–2011–N–0003] Drug, and Cosmetic Act and under been approved by the Office of authority delegated to the Commissioner Management and Budget (OMB) under 21 CFR Part 520 of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 control number 0693–0003. Oral Dosage Form New Animal Drugs; CFR part 520 is amended as follows: Notwithstanding any other provision of Cyclosporine the law, no person is required to comply, nor shall any person be subject AGENCY: Food and Drug Administration, PART 520—ORAL DOSAGE FORM to penalty for failure to comply with, a HHS. NEW ANIMAL DRUGS collection of information, subject to the ACTION: Final rule. ■ 1. The authority citation for 21 CFR requirements of the Paperwork part 520 continues to read as follows: Reduction Act, unless that collection of SUMMARY: The Food and Drug information displays a currently valid Administration (FDA) is amending the Authority: 21 U.S.C. 360b. OMB Control Number. animal drug regulations to reflect ■ 2. In § 520.522, revise paragraphs (a) approval of a new animal drug and (d) to read as follows: National Environmental Policy Act application (NADA) filed by Novartis This rule will not significantly affect Animal Health US, Inc. The NADA § 520.522 Cyclosporine. the quality of the human environment. provides for the veterinary prescription (a) Specifications—(1) Each Therefore, an environmental assessment use of cyclosporine oral solution, USP cyclosporine capsule, USP (MODIFIED) or Environmental Impact Statement is (MODIFIED) for the control of feline contains 10, 25, 50, or 100 milligrams not required to be prepared under the allergic dermatitis. (mg) cyclosporine.

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(2) Each milliliter of cyclosporine oral preparer penalties under section 6695 of the proposed regulations are adopted as solution, USP (MODIFIED) contains 100 the Internal Revenue Code (Code). The amended by this Treasury decision. The mg cyclosporine. final regulations are necessary to revisions to the regulations are * * * * * monitor and to improve compliance discussed in this preamble. with the tax return preparer due (d) Conditions of use—(1) Dogs. Use Summary of Comments and diligence requirements of section capsules described in paragraph (a)(1) of Explanation of Revisions this section as follow: 6695(g). The final regulations affect paid (i) Amount. Administer 5 mg per tax return preparers. The IRS received nine written kilogram (mg/kg) of body weight given DATES: Effective date: The final comments in response to the NPRM, orally as a single daily dose for 30 days. regulations are effective on December and this section addresses those public Following this initial daily treatment 20, 2011. comments. This section also describes period, the dosage may be tapered by Applicability date: For date of the significant differences between the decreasing the frequency of applicability, see § 1.6695–2(e). rules proposed in the NPRM and those administration to every other day or two FOR FURTHER INFORMATION CONTACT: adopted in the final regulations. times a week, until a minimum Spence Hanemann, (202) 622–4940 (not 1. 2011 Amendment to Section 6695(g) frequency is reached which will a toll-free number). On October 21, 2011, section 501 of maintain the desired therapeutic effect. SUPPLEMENTARY INFORMATION: (ii) Indications for use. For the control the United States-Korea Free Trade of atopic dermatitis in dogs weighing at Paperwork Reduction Act Agreement Implementation Act, Public least 4 pounds. The collection of information Law 112–41, 125 Stat 428, amended (iii) Limitations. Federal law restricts contained in the final regulations was section 6695(g) of the Code by this drug to use by or on the order of previously reviewed and approved by increasing the amount of the penalty a licensed veterinarian. the Office of Management and Budget in from $100 to $500. To account for this (2) Cats. Use the solution described in accordance with the Paperwork change in the law, § 1.6695–2(a) of the paragraph (a)(2) of this section as Reduction Act of 1995 (44 U.S.C. final regulations has been conformed to follow: 3507(d)) under control number 1545– the statutory language of section (i) Amount. Administer 7 mg/kg of 1570. The collection of information is in 6695(g), as amended. body weight orally as a single daily dose § 1.6695–2(b)(1) and (b)(4) of the final 2. Necessity of These Regulations for a minimum of 4 to 6 weeks or until regulations, and is an increase in the resolution of clinical signs. Following total annual burden from the burden in Two commenters stated that the this initial daily treatment period, the the prior regulations. The collection of proposed amendments to the due dosage may be tapered by decreasing the this information will improve the IRS’ diligence standards in the NPRM were frequency of administration to every ability to enforce compliance with the unnecessary in light of recent regulatory other day or twice weekly to maintain due diligence requirements under changes requiring tax return preparers the desired therapeutic effect. section 6695(g) with respect to to register with the IRS and comply with (ii) Indications for use. For the control determining eligibility for, or the the ethical standards governing practice of feline allergic dermatitis in cats at amount of, the earned income credit before the IRS (Circular 230), as well as least 6 months of age and weighing at (EIC) under section 32. the tax return preparer penalties under least 3 pounds. An agency may not conduct or section 6694. They suggested that the (iii) Limitations. Federal law restricts sponsor, and a person is not required to IRS can apply these existing provisions this drug to use by or on the order of respond to, a collection of information to address misconduct by tax return a licensed veterinarian. unless it displays a valid control preparers, including improper determination of eligibility for, and Dated: December 15, 2011. number assigned by the Office of Management and Budget. amount of, EIC by both individual tax Bernadette Dunham, return preparers and firms. Director, Center for Veterinary Medicine. Books or records relating to a collection of information must be As reflected in section 6695(g), [FR Doc. 2011–32526 Filed 12–19–11; 8:45 am] retained as long as their contents may Congress has determined that BILLING CODE 4160–01–P become material in the administration noncompliance with the EIC rules poses of any internal revenue law. a sufficiently significant problem to merit imposing unique due diligence DEPARTMENT OF THE TREASURY Background requirements on tax return preparers This document contains amendments involved in determining eligibility for, Internal Revenue Service to the Income Tax Regulations (26 CFR or amount of, the EIC. By recently part 1) under section 6695 of the Code. quintupling the amount of the penalty 26 CFR Part 1 The Treasury Department and the IRS for failure to comply with these [TD 9570] published a notice of proposed requirements, Congress reaffirmed the rulemaking (REG–140280–09) in the need for specific rules to reduce EIC RIN 1545–BK16 Federal Register, 76 FR 62689, on noncompliance. In order to address Tax Return Preparer Penalties Under October 11, 2011 (the NPRM). A public noncompliance with the EIC rules, the Section 6695 hearing was scheduled for November 7, final regulations modify the due 2011. The IRS did not receive any diligence requirements under section AGENCY: Internal Revenue Service (IRS), requests to testify at the public hearing, 6695(g) that have been in place for over Treasury. and the public hearing was cancelled. a decade. Treasury and the IRS ACTION: Final regulations. Written comments responding to the concluded that these regulations are NPRM were received and are available consistent with section 6695(g), and no SUMMARY: This document contains final for public inspection at http:// modification is made in the final regulations that modify existing www.regulations.gov or upon request. regulations in response to these regulations related to the tax return After consideration of all the comments, comments.

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3. Submission of Form 8867 submission of Form 8867 to the IRS, and penalty who are beyond the intended Section 1.6695–2(b)(1)(i) of the § 1.6695–2(b)(4)(i)(C) of the proposed scope of these rules. The commenters proposed regulations required that the regulations required retention of a copy provided the example of individuals Form 8867, ‘‘Paid Preparer’s Earned of any document that was provided by hired by tax preparation software Income Credit Checklist,’’ be submitted the taxpayer and on which the tax companies to answer discrete questions to the IRS in the manner required by return preparer relied to complete Form for taxpayers who are using tax forms, instructions, or other appropriate 8867 or the Earned Income Credit preparation software to prepare their guidance. One commenter noted, in Worksheet. Two commenters suggested own tax return or claim for refund. that these additional requirements These individuals provide general part, that tax return preparers increased a tax return preparer’s burden resource information for the taxpayers sometimes provide a paper copy of the under the knowledge requirement of who are preparing their own tax return completed tax return or claim for refund existing § 1.6695–2(b)(3) because a tax or claim for refund, and they do not to the taxpayer for submission by the return preparer would now be obligated know all of the specific facts relating to taxpayer. A tax return preparer’s ability to verify taxpayers’ responses to the the taxpayer’s tax return or claim for to provide a paper copy, as opposed to eligibility questions and also to verify refund. The commenters reasoned that filing the tax return electronically, is nonsigning tax return preparers’ (if any) these individuals might be nonsigning subject to the rules and limitations in completion of the Form 8867. The tax return preparers and would arguably § 301.6011–7 and related guidance. proposed regulations, however, do not be subject to these due diligence Another commenter stated that the expand tax return preparers’ obligation requirements and related penalty. proposed regulations were unclear in to verify information provided by The term ‘‘nonsigning tax return how they apply to nonsigning tax return taxpayers and other tax return preparers preparer’’ is specifically defined in preparers. The due diligence under existing § 1.6695–2(b)(3). § 301.7701–15(b)(2) and is limited to requirements and the penalty for failure Under § 1.6695–2(b)(3) of the current those who prepare all or a substantial to comply with them apply to any tax regulations, tax return preparers are portion of a tax return or claim for return preparer, including a nonsigning already required to complete Form refund within the meaning of tax return preparer, who determines 8867, prohibited from ignoring the § 301.7701–15(b)(3). Under § 301.7701– eligibility for, or amount of, the EIC. implications of information provided, 15(b)(3), a person who renders tax After consideration of these obligated to make reasonable inquiries if advice on a position that is directly comments, Treasury and the IRS have the information provided appears relevant to the existence or amount of concluded that the rules in the incorrect, inconsistent, or incomplete, an entry on a tax return or claim for regulations should be clarified to and required to contemporaneously refund is regarded as having prepared provide how tax return preparers who document their reasonable inquiries and that entry. Section 301.7701–15(b)(3) prepare a tax return or claim for refund the taxpayer’s responses. For purposes further provides that whether a but do not submit it directly to the IRS of § 1.6695–2(b)(3), tax return preparers schedule, entry, or other portion of a tax can satisfy the requirement under would not be held to a higher standard return or claim for refund is a proposed § 1.6695–2(b)(1)(i) to submit under the proposed regulations than substantial portion is determined based the completed Form 8867 to the IRS. In they are under the existing regulations. upon whether the person knows or response to these comments, § 1.6695– A tax return preparer can generally rely reasonably should know that the tax 2(b)(1)(i) of the final regulations on the information furnished by a attributable to the schedule, entry, or provides that tax return preparers who taxpayer (or other tax return preparer other portion of a tax return or claim for prepare a tax return or claim for refund who determines eligibility for, or refund is a substantial portion of the tax but do not submit it directly to the IRS amount of, the EIC) as long as the tax required to be shown on the tax return may satisfy this aspect of their due return preparer does not know, or have or claim for refund. Also, § 301.7701– diligence obligation by providing the reason to know, that the information is 15(f)(1)(viii) provides an exception from form to the taxpayer or the signing tax incorrect, inconsistent, or incomplete. A the definition of tax return preparer for return preparer, as appropriate, for signing tax return preparer who satisfies any individual providing only typing, submission with the tax return or claim the knowledge requirement in § 1.6695– reproduction, or other mechanical for refund. 2(b)(3), therefore, will ordinarily be able assistance in the preparation of a tax One commenter suggested that the to rely on the information furnished to return or claim for refund. Form 8867 be a stand-alone form that the signing tax return preparer by a Treasury and the IRS have concluded the taxpayer signs and submits as an taxpayer or nonsigning tax return that, in the routine situation described affidavit of EIC eligibility. After preparer regarding the EIC. The by these commenters, the individuals consideration of this comment, Treasury additional requirements in proposed employed at the tax preparation and the IRS have concluded that § 1.6695–2(b)(1)(i) and (b)(4)(i)(C) are software companies as described in the imposing such an obligation on not unduly burdensome and will comments are not nonsigning tax return taxpayers, rather than on tax return improve the IRS’ ability to determine preparers as long as they either (i) fall preparers, would be contrary to the whether a tax return preparer has within the mechanical exception purpose of section 6695(g), which is to complied with the EIC due diligence because they are not exercising discourage tax return preparers from requirements that already exist. No independent judgment on the taxpayer’s preparing EIC tax returns or claims for modification is made in the final underlying tax positions, or (ii) do not refund without performing basic due regulations in response to these know (and reasonably should not know) diligence. No modification is made in comments. that any generic advice provided the final regulations in response to this relating to the EIC is a substantial comment. 5. Nonsigning Tax Return Preparers portion of the tax required to be shown. Two commenters expressed concern On the other hand, in rare instances 4. Requirement To Verify Taxpayer that expanding the due diligence when any such individual is both Information requirements and penalty to nonsigning exercising independent judgment and Section 1.6695–2(b)(1)(i) of the tax return preparers would subject knows or reasonably should know that proposed regulations required individuals to the section 6695(g) specific advice provided to a taxpayer

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relating to EIC is a substantial portion of to a firm, as set forth in proposed that the heightened standards in the tax return or claim for refund within § 1.6695–2(c). proposed § 1.6695–2(c)(3) would the meaning of § 301.7701–15(b)(3), the One of these commenters noted that, adequately protect firms against isolated individual is a nonsigning tax return if management became aware through and inadvertent instances of disregard preparer subject to the due diligence the firm’s reasonable and appropriate of their compliance procedures. No rules. No modification is made to the compliance procedures that an modification is made to the final final regulations in response to this employee failed to comply with the due regulations in response to this comment. comment. diligence requirements, then the firm would be subject to a penalty under 8. Retention of Records 6. Penalizing Firms proposed § 1.6695–2(c)(1) because Proposed § 1.6695–2(b)(4)(ii) required By replacing ‘‘signing tax return management knew of the failure. The that a tax return preparer must retain preparer’’ with ‘‘tax return preparer,’’ commenter suggested that the final the records described in § 1.6695– § 1.6695–2(a) of the proposed regulations provide that the penalty not 2(b)(4)(i) for the period ending three regulations effectively provided that a apply to the firm if management knew years after the later of the date the tax firm that employs a person to prepare and took reasonable action to resolve return or claim for refund was due or for compensation a tax return or claim the problem before the penalty is the date it was filed. One commenter for refund may be subject to the penalty assessed. After consideration of this stated that the record retention date for its employee’s failure to comply with comment, Treasury and the IRS have should not be tied to the date the tax the due diligence requirements. Two concluded that, if management knows of return or claim for refund was filed commenters questioned the proposed the failure to comply prior to the date because, if the tax return preparer who application of the due diligence the tax return or claim for refund is prepares the tax return or claim for requirements and penalty to firms. filed, the only acceptable remedial refund is not the individual who files it, Section 6695(g) imposes a penalty on action would be to satisfy the due that tax return preparer might not know ‘‘[a]ny person who is a tax return diligence requirements prior to filing, in when it is filed and when the retention preparer’’ that fails to comply with the which case there would be no penalty. period expires. In response to the due diligence requirements ‘‘with If, on the other hand, management does comment, the final regulations require a respect to determining eligibility for, or not know of the failure to comply until tax return preparer to retain the records the amount of, the credit allowable by after the tax return or claim for refund described in § 1.6695–2(b)(4)(i) for the section 32.’’ Under section 7701(a)(36), is filed, the appropriate analysis is period ending three years after the later a ‘‘tax return preparer’’ is ‘‘any person whether the firm had reasonable and of the date the tax return or claim for who prepares for compensation, or who appropriate compliance procedures and refund was due or the date it was employs one or more persons to prepare disregarded those procedures through transferred in final form by the tax for compensation, any return of tax willfulness, recklessness, or gross return preparer to the next person in the imposed by title or any claim for refund indifference, as described in § 1.6695– course of the filing process. In the case of tax imposed by this title.’’ After 2(c)(3), and management’s knowledge is of a signing tax return preparer who consideration of these comments, relevant only insofar as it is a factor in electronically files the tax return or Treasury and the IRS have concluded that analysis. In response to this claim for refund, the next step in the that it is appropriate to apply the due comment, the final regulations provide filing process will be to electronically diligence requirements to firms as that a firm is only subject to a penalty file the tax return or claim for refund, provided in the proposed regulations. under § 1.6695–2(c)(1) if the manager so the relevant date is the date the tax This position is consistent with the knew of an employee’s failure to comply return or claim for refund is filed. In the long-standing application of the section with the due diligence requirements case of a signing tax return preparer 6694 tax return preparer penalties to prior to the date the tax return or claim who does not electronically file the tax firms under the rules provided in for refund was filed. return or claim for refund, the next §§ 1.6694–2(a)(2) and 1.6694–3(a)(2). No The other commenter suggested that person in the course of the filing process modification is made to the final the IRS might determine under will be the taxpayer, so the relevant date regulations in response to these proposed § 1.6695–2(c)(3) that a single is the date the tax return or claim for comments. failure to submit Form 8867 with a tax refund is presented to the taxpayer for return by an otherwise compliant firm signature. In the case of a nonsigning tax 7. Conditions Required for Imposing a qualifies as disregard of reasonable and return preparer, the next person in the Penalty on a Firm appropriate compliance procedures course of the filing process will be the Proposed § 1.6695–2(c) provided through gross indifference. Section signing tax return preparer, so the generally that a firm cannot be subject 1.6695–2(c)(3) of the proposed relevant date is the date the nonsigning to a penalty under section 6695(g) regulations established a heightened tax return preparer submitted to the unless one of the following three standard, in part, by imposing liability signing tax return preparer that portion conditions is satisfied: (1) A member of for the penalty against a firm that of the tax return or claim for refund for the principal management of the firm disregarded its reasonable and which the nonsigning tax return knew of the failure to comply with the appropriate compliance procedures preparer was responsible. due diligence requirements; (2) the firm through willfulness, recklessness, or The record retention date under the failed to establish reasonable and gross indifference. A single, accidental final regulations will be the same for appropriate procedures to ensure failure to submit Form 8867 with a tax nonsigning tax return preparers compliance with the due diligence return by an otherwise compliant firm supervised by a signing tax return requirements; or (3) the firm failed to would not constitute disregard of preparer in the same firm and comply with its reasonable and compliance procedures through nonsigning tax return preparers who are appropriate compliance procedures willfulness, recklessness, or gross employed by a different firm than the through willfulness, recklessness, or indifference, and the firm would not be signing tax return preparer. In both gross indifference. Two commenters subject to the penalty in that situation. cases, the records must be retained until expressed concern with the conditions After consideration of this comment, three years from the later of the due date required for application of the penalty Treasury and the IRS have concluded of the tax return or the date the tax

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return or claim for refund is submitted When an agency issues a rulemaking, Drafting Information in final form to the signing tax return the Regulatory Flexibility Act (RFA) (5 The principal author of the final preparer. As a practical matter, U.S.C. chapter 6), requires the agency to regulations is Spence Hanemann, Office however, a supervised nonsigning tax ‘‘prepare and make available for public of the Associate Chief Counsel return preparer and the supervising comment an initial regulatory flexibility (Procedure and Administration). signing tax return preparer can satisfy analysis’’ that will ‘‘describe the impact both of their record retention obligations of the proposed rule on small entities.’’ List of Subjects in 26 CFR Part 1 under the final regulations by retaining (5 U.S.C. 603(a)). Section 605 of the RFA Income taxes, Reporting and a single paper or electronic copy of the provides an exception to this recordkeeping requirements. records described in § 1.6695–2(b)(4)(i). requirement if the agency certifies that The supervised nonsigning tax return the rulemaking will not have a Amendments to the Regulations preparer’s record retention period may, significant economic impact on a Accordingly, 26 CFR part 1 is nevertheless, expire before the signing substantial number of small entities. amended as follows: tax return preparer’s record retention The final rules affect tax return period. In such cases, the supervising preparers who determine the eligibility PART 1—INCOME TAXES signing tax return preparer is required to for, or the amount of, EIC. The NAICS ■ Paragraph 1. The authority citation retain the records until the expiration of code that relates to tax preparation his or her record retention period under for part 1 continues to read in part as services (NAICS code 541213) is the follows: § 1.6695–2(b)(4)(ii), regardless of when appropriate code for tax return the supervised nonsigning tax return preparers subject to the final Authority: 26 U.S.C. 7805 * * *. preparer’s record retention period regulations. Entities identified as tax Section 1.6695–2 also issued under 26 U.S.C. 6695(g). * * * expires. preparation services are considered 9. Comment Period and Effective Date small under the Small Business ■ Par. 2. In § 1.6695–2, paragraphs (a), Administration size standards (13 CFR (b)(1), (b)(2), (b)(4), (c), and (d) are One commenter stated that the 30-day 121.201) if their annual revenue is less revised and new paragraph (e) is added comment period provided under the than $7 million. The IRS estimates that to read as follows: proposed regulations was inadequate. approximately 75 to 85 percent of the Numerous substantive comments were, 550,000 persons who work at firms or § 1.6695–2 Tax return preparer due in fact, received addressing the diligence requirements for determining are self-employed tax return preparers proposed regulations. Treasury and the earned income credit eligibility. are operating as or employed by small IRS have concluded that the duration of entities. The IRS has determined that (a) Penalty for failure to meet due the comment period provided in the the final rules will have an impact on diligence requirements. A person who is proposed regulations was in compliance a substantial number of small entities. a tax return preparer of a tax return or with all of the applicable procedural claim for refund under the Internal The IRS has determined, however, rules and requirements governing Revenue Code with respect to that the economic impact on entities regulations. determining the eligibility for, or the affected by the final rules will not be Three commenters stated that the amount of, the earned income credit significant. The prior regulations under proposed effective date of the (EIC) under section 32 and who fails to section 6695(g) required tax return regulations would not provide tax satisfy the due diligence requirements of preparers to complete the Form 8867 or return preparers and computer software paragraph (b) of this section will be otherwise record in their files the providers sufficient time to adjust their subject to a penalty of $500 for each information necessary to complete the procedures and products to reflect the such failure. proposed amendments. The proposed form. Tax return preparers were also (b) * * * regulations provided that they will required to maintain records of the (1) Completion and submission of apply to tax returns and claims for checklists and EIC computations, as Form 8867—(i) The tax return preparer refund for tax years ending on or after well as a record of how and when the must complete Form 8867, ‘‘Paid December 31, 2011. The IRS publicly information used to compute the EIC Preparer’s Earned Income Credit announced in Spring 2011 that the IRS was obtained by the tax return preparer. Checklist,’’ or such other form and such was exploring the implementation of a The amount of time necessary to submit, other information as may be prescribed new requirement for tax return record, and retain the additional by the Internal Revenue Service (IRS), preparers to submit the Form 8867 with information required in the final and— a taxpayer’s tax return or claim for regulations, therefore, should be (A) In the case of a signing tax return refund. Treasury and the IRS have minimal for these tax return preparers. preparer electronically filing the tax concluded that implementation of these Based on these facts, the IRS hereby return or claim for refund, must rules for the upcoming filing season is certifies that the collection of electronically file the completed Form consistent with the best interests of tax information contained in the final 8867 (or successor form) with the tax administration. regulations will not have a significant return or claim for refund; economic impact on a substantial (B) In the case of a signing tax return Special Analyses number of small entities. Accordingly, a preparer not electronically filing the tax It has been determined that this final Regulatory Flexibility Analysis is not return or claim for refund, must provide rule is not a significant regulatory action required. the taxpayer with the completed Form as defined in Executive Order 12866, as Pursuant to section 7805(f) of the 8867 (or successor form) for inclusion supplemented by Executive Order Code, the notice of proposed rulemaking with the filed tax return or claim for 13563. Therefore, a regulatory preceding the final regulations was refund; or assessment is not required. It also has submitted to the Chief Counsel for (C) In the case of a nonsigning tax been determined that section 553(b) of Advocacy of the Small Business return preparer, must provide the the Administrative Procedure Act (5 Administration for comment on its signing tax return preparer with the U.S.C. chapter 5) does not apply to the impact on small business and no completed Form 8867 (or successor final regulations. comments were received. form), in either electronic or non-

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electronic format, for inclusion with the return or claim for refund, the date the (e) Effective/applicability date. This filed tax return or claim for refund. tax return or claim for refund was filed; section applies to tax returns and claims (ii) The tax return preparer’s (C) In the case of a signing tax return for refund for tax years ending on or completion of Form 8867 (or successor preparer not electronically filing the tax after December 31, 2011. form) must be based on information return or claim for refund, the date the Steven T. Miller, provided by the taxpayer to the tax tax return or claim for refund was return preparer or otherwise reasonably presented to the taxpayer for signature; Deputy Commissioner for Services and Enforcement. obtained by the tax return preparer. or (2) Computation of credit—(i) The tax (D) In the case of a nonsigning tax Approved: December 14, 2011. return preparer must either— return preparer, the date the nonsigning Emily S. McMahon, (A) Complete the Earned Income tax return preparer submitted to the Acting Assistant Secretary of the Treasury. Credit Worksheet in the Form 1040 signing tax return preparer that portion [FR Doc. 2011–32487 Filed 12–19–11; 8:45 am] instructions or such other form and of the tax return or claim for refund for BILLING CODE 4830–01–P such other information as may be which the nonsigning tax return prescribed by the IRS; or preparer was responsible. (B) Otherwise record in one or more (iii) The items in paragraph (b)(4)(i) of DEPARTMENT OF HOMELAND documents in the tax return preparer’s this section may be retained on paper or SECURITY paper or electronic files the tax return electronically in the manner prescribed preparer’s EIC computation, including in applicable regulations, revenue Coast Guard the method and information used to rulings, revenue procedures, or other make the computation. appropriate guidance (see 33 CFR Part 165 (ii) The tax return preparer’s § 601.601(d)(2) of this chapter). [Docket No. USCG–2011–1112] completion of the Earned Income Credit (c) Special rule for firms. A firm that Worksheet (or other record of the tax employs a tax return preparer subject to RIN 1625–AA00 return preparer’s EIC computation a penalty under section 6695(g) is also Safety Zone; City of Beaufort’s permitted under paragraph (b)(2)(i)(B) of subject to penalty if, and only if— Tricentennial New Year’s Eve this section) must be based on (1) One or more members of the Fireworks Display, Beaufort River, information provided by the taxpayer to principal management (or principal Beaufort, SC the tax return preparer or otherwise officers) of the firm or a branch office reasonably obtained by the tax return participated in or, prior to the time the AGENCY: Coast Guard, DHS. preparer. return was filed, knew of the failure to ACTION: Temporary final rule. * * * * * comply with the due diligence (4) Retention of records—(i) The tax requirements of this section; SUMMARY: The Coast Guard is return preparer must retain— (2) The firm failed to establish establishing a temporary safety zone on (A) A copy of the completed Form reasonable and appropriate procedures the Beaufort River, in Beaufort, South 8867 (or successor form); to ensure compliance with the due Carolina, during the City of Beaufort’s (B) A copy of the completed Earned diligence requirements of this section; Tricentennial New Year’s Eve Fireworks Income Credit Worksheet (or other or Display. The safety zone is necessary to record of the tax return preparer’s EIC (3) The firm disregarded its protect the public from the hazards computation permitted under paragraph reasonable and appropriate compliance associated with launching fireworks (b)(2)(i)(B) of this section); and procedures through willfulness, over navigable waters of the United (C) A record of how and when the recklessness, or gross indifference States. Persons and vessels are information used to complete Form (including ignoring facts that would prohibited from entering, transiting 8867 (or successor form) and the Earned lead a person of reasonable prudence through, anchoring in, or remaining Income Credit Worksheet (or other and competence to investigate or within the safety zone unless authorized record of the tax return preparer’s EIC ascertain) in the preparation of the tax by the Captain of the Port Charleston or computation permitted under paragraph return or claim for refund with respect a designated representative. (b)(2)(i)(B) of this section) was obtained to which the penalty is imposed. DATES: This rule is effective from by the tax return preparer, including the (d) Exception to penalty. The section 5:30 p.m. until 6:50 p.m. on December identity of any person furnishing the 6695(g) penalty will not be applied with 31, 2011. information, as well as a copy of any respect to a particular tax return or ADDRESSES: Documents indicated in this document that was provided by the claim for refund if the tax return preamble as being available in the taxpayer and on which the tax return preparer can demonstrate to the docket are part of docket USCG–2011– preparer relied to complete Form 8867 satisfaction of the IRS that, considering 1112 and are available online by going (or successor form) or the Earned all the facts and circumstances, the tax to http://www.regulations.gov, inserting Income Credit Worksheet (or other return preparer’s normal office USCG–2011–1112 in the ‘‘Keyword’’ record of the tax return preparer’s EIC procedures are reasonably designed and box, and then clicking ‘‘Search.’’ They computation permitted under paragraph routinely followed to ensure compliance are also available for inspection or (b)(2)(i)(B) of this section). with the due diligence requirements of copying at the Docket Management (ii) The items in paragraph (b)(4)(i) of paragraph (b) of this section, and the Facility (M–30), U.S. Department of this section must be retained for three failure to meet the due diligence Transportation, West Building Ground years from the latest of the following requirements of paragraph (b) of this Floor, Room W12–140, 1200 New Jersey dates, as applicable: section with respect to the particular tax Avenue SE., Washington, DC 20590, (A) The due date of the tax return return or claim for refund was isolated between 9 a.m. and 5 p.m., Monday (determined without regard to any and inadvertent. The preceding through Friday, except Federal holidays. extension of time for filing); sentence does not apply to a firm that FOR FURTHER INFORMATION CONTACT: If (B) In the case of a signing tax return is subject to the penalty as a result of you have questions on this temporary preparer electronically filing the tax paragraph (c) of this section. final rule, call or email Ensign John

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Santorum, Sector Charleston Office of scheduled to commence at 6 p.m. and Executive Order 12866. Accordingly, Waterways Management, Coast Guard; conclude at 6:20 p.m. the Office of Management and Budget telephone (843) 740–3184, email The temporary safety zone has not reviewed this regulation under [email protected]. If you have encompasses certain waters of the Executive Order 12866. questions on viewing the docket, call Beaufort River in Beaufort, South The economic impact of this rule is Renee V. Wright, Program Manager, Carolina. The safety zone will be not significant for the following reasons: Docket Operations, telephone (202) enforced from 5:30 p.m. on December (1) The safety zone will be enforced for 366–9826. 31, 2011, 30 minutes prior to the only one hour and twenty minutes; (2) SUPPLEMENTARY INFORMATION: scheduled commencement of the although persons and vessels will not be fireworks display at approximately 6 able to enter, transit through, anchor in, Regulatory Information p.m., to ensure the safety zone is clear or remain within the safety zone The Coast Guard is issuing this of persons and vessels. Enforcement of without authorization from the Captain temporary final rule without prior the safety zone will cease at 6:50 p.m. of the Port Charleston or a designated notice and opportunity to comment on December 31, 2011, 30 minutes after representative, they may operate in the pursuant to authority under section 4(a) the scheduled conclusion of the surrounding area during the of the Administrative Procedure Act fireworks display, to account for enforcement period; (3) persons and (APA) (5 U.S.C. 553(b)). This provision possible delays. Persons and vessels are vessels may still enter, transit through, authorizes an agency to issue a rule prohibited from entering, transiting anchor in, or remain within the safety through, anchoring in, or remaining without prior notice and opportunity to zone if authorized by the Captain of the within the safety zone unless authorized comment when the agency for good Port Charleston or a designated by the Captain of the Port Charleston or cause finds that those procedures are representative; and (4) the Coast Guard a designated representative. Persons and ‘‘impracticable, unnecessary, or contrary will provide advance notification of the vessels desiring to enter, transit through, to the public interest.’’ Under 5 U.S.C. safety zone to the local maritime anchor in, or remain within the safety 553(b)(B), the Coast Guard finds that community by Local Notice to Mariners zone may contact the Captain of the Port good cause exists for not publishing a and Broadcast Notice to Mariners. Charleston by telephone at (843) 740– notice of proposed rulemaking (NPRM) 7050, or a designated representative via Small Entities with respect to this rule because the VHF radio on channel 16, to request Under the Regulatory Flexibility Act Coast Guard did not receive notice of authorization. If authorization to enter, (5 U.S.C. 601–612), we have considered the fireworks display until December 1, transit through, anchor in, or remain whether this rule would have a 2011. As a result, the Coast Guard did within the safety zone is granted by the significant economic impact on a not have sufficient time to publish an Captain of the Port Charleston or a substantial number of small entities. NPRM and to receive public comments designated representative, all persons The term ‘‘small entities’’ comprises prior to the fireworks display. Any and vessels receiving such authorization small businesses, not-for-profit delay in the effective date of this rule must comply with the instructions of organizations that are independently would be contrary to the public interest the Captain of the Port Charleston or a owned and operated and are not because immediate action is needed to designated representative. The Coast dominant in their fields, and minimize potential danger to the public Guard will provide notice of the safety governmental jurisdictions with during the fireworks display. zone by Local Notice to Mariners, populations of less than 50,000. For the same reason discussed above, Broadcast Notice to Mariners, and on- The Coast Guard certifies under 5 under 5 U.S.C. 553(d)(3) the Coast scene designated representatives. U.S.C. 605(b) that this rule will not have Guard finds that good cause exists for a significant economic impact on a making this rule effective less than 30 Regulatory Analyses substantial number of small entities. days after publication in the Federal We developed this rule after This rule may affect the following Register. considering numerous statutes and entities, some of which may be small Basis and Purpose executive orders related to rulemaking. entities: the owners or operators of Below we summarize our analyses vessels intending to enter, transit The legal basis for the rule is the based on 13 of these statutes or through, anchor in, or remain within Coast Guard’s authority to establish executive orders. that portion of the Beaufort River regulated navigation areas and other Regulatory Planning and Review encompassed within the safety zone limited access areas: 33 U.S.C. 1231; 46 from 5:30 p.m. until 6:50 p.m. on U.S.C. chapter 701, 3306, 3703; 50 Executive Orders 13563, Improving December 31, 2011. For the reasons U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, Regulation and Regulatory Review, and discussed in the Regulatory Planning 6.04–6, 160.5; Public Law 107–295, 116 12866, Regulatory Planning and Review, and Review section above, this rule will Stat. 2064; Department of Homeland direct agencies to assess the costs and not have a significant economic impact Security Delegation No. 0170.1. benefits of available regulatory on a substantial number of small The purpose of the rule is to protect alternatives and, if regulation is entities. the public from the hazards associated necessary, to select regulatory with launching fireworks over navigable approaches that maximize net benefits Assistance for Small Entities waters of the United States. (including potential economic, Under section 213(a) of the Small environmental, public health and safety Business Regulatory Enforcement Discussion of Rule effects, distributive impacts, and Fairness Act of 1996 (Pub. L. 104–121), On New Year’s Eve, a fireworks equity). Executive Order 13563 we offer to assist small entities in display will be held in Beaufort, South emphasizes the importance of understanding the rule so that they can Carolina. The fireworks will be quantifying both costs and benefits, of better evaluate its effects on them and launched from a barge, which will be reducing costs, of harmonizing rules, participate in the rulemaking process. located on the Beaufort River. The and of promoting flexibility. This rule Small businesses may send comments fireworks will explode over the Beaufort has not been designated a significant on the actions of Federal employees River. The fireworks display is regulatory action under section 3(f) of who enforce, or otherwise determine

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compliance with, Federal regulations to an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and the Small Business and Agriculture does not create an environmental risk to have concluded this action is one of a Regulatory Enforcement Ombudsman health or risk to safety that may category of actions that do not and the Regional Small Business disproportionately affect children. individually or cumulatively have a Regulatory Fairness Boards. The significant effect on the human Indian Tribal Governments Ombudsman evaluates these actions environment. This rule is categorically annually and rates each agency’s This rule does not have Tribal excluded, under figure 2–1, paragraph responsiveness to small business. If you implications under Executive Order (34)(g), of the Instruction. This rule wish to comment on actions by 13175, Consultation and Coordination involves establishing a temporary safety employees of the Coast Guard, call with Indian Tribal Governments, zone that will be enforced for a total of 1–888–REG–FAIR (1–(888) 734–3247). because it does not have a substantial one hour and twenty minutes. An The Coast Guard will not retaliate direct effect on one or more Indian environmental analysis checklist and a against small entities that question or Tribes, on the relationship between the categorical exclusion determination are complain about this rule or any policy Federal Government and Indian Tribes, available in the docket where indicated or action of the Coast Guard. or on the distribution of power and under ADDRESSES. responsibilities between the Federal Collection of Information Government and Indian Tribes. List of Subjects in 33 CFR Part 165 This rule calls for no new collection Harbors, Marine safety, Navigation Energy Effects of information under the Paperwork (water), Reporting and recordkeeping Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under requirements, Security measures, 3520). Executive Order 13211, Actions Waterways. Concerning Regulations That Federalism For the reasons discussed in the Significantly Affect Energy Supply, preamble, the Coast Guard amends 33 A rule has implications for federalism Distribution, or Use. We have CFR part 165 as follows: under Executive Order 13132, determined that it is not a ‘‘significant Federalism, if it has a substantial direct energy action’’ under that order because PART 165—REGULATED NAVIGATION effect on State or local governments and it is not a ‘‘significant regulatory action’’ AREAS AND LIMITED ACCESS AREAS would either preempt State law or under Executive Order 12866 and is not impose a substantial direct cost of likely to have a significant adverse effect ■ 1. The authority citation for part 165 compliance on them. We have analyzed on the supply, distribution, or use of continues to read as follows: this rule under that Order and have energy. The Administrator of the Office Authority: 33 U.S.C. 1231; 46 U.S.C. determined that it does not have of Information and Regulatory Affairs Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; implications for federalism. has not designated it as a significant 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. energy action. Therefore, it does not 107–295, 116 Stat. 2064; Department of Unfunded Mandates Reform Act require a Statement of Energy Effects Homeland Security Delegation No. 0170.1. The Unfunded Mandates Reform Act under Executive Order 13211. ■ 2. Add a temporary § 165.T07–1112 to of 1995 (2 U.S.C. 1531–1538) requires Technical Standards read as follows: Federal agencies to assess the effects of their discretionary regulatory actions. In The National Technology Transfer § 165.T07–1112 Safety Zone; City of particular, the Act addresses actions and Advancement Act (NTTAA) (15 Beaufort’s Tricentennial New Year’s Eve that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Fireworks Display, Beaufort River, Beaufort, State, local, or Tribal government, in the voluntary consensus standards in their SC. aggregate, or by the private sector of regulatory activities unless the agency (a) Regulated Area. The following $100,000,000 or more in any one year. provides Congress, through the Office of regulated area is a safety zone: all waters Though this rule will not result in such Management and Budget, with an of the Beaufort River within a 500 yard ° ′ ″ an expenditure, we do discuss the explanation of why using these radius of position 32 25 40 N, ° ′ ″ effects of this rule elsewhere in this standards would be inconsistent with 80 40 23 W. All coordinates are North preamble. applicable law or otherwise impractical. American Datum 1983. Voluntary consensus standards are (b) Definition. The term ‘‘designated Taking of Private Property technical standards (e.g., specifications representative’’ means Coast Guard This rule will not effect a taking of of materials, performance, design, or Patrol Commanders, including Coast private property or otherwise have operation; test methods; sampling Guard coxswains, petty officers, and taking implications under Executive procedures; and related management other officers operating Coast Guard Order 12630, Governmental Actions and systems practices) that are developed or vessels, and Federal, state, and local Interference with Constitutionally adopted by voluntary consensus officers designated by or assisting the Protected Property Rights. standards bodies. Captain of the Port Charleston in the This rule does not use technical enforcement of the regulated area. Civil Justice Reform standards. Therefore, we did not (c) Regulations. This rule meets applicable standards consider the use of voluntary consensus (1) All persons and vessels are in sections 3(a) and 3(b)(2) of Executive standards. prohibited from entering, transiting Order 12988, Civil Justice Reform, to through, anchoring in, or remaining Environment minimize litigation, eliminate within the regulated area unless ambiguity, and reduce burden. We have analyzed this rule under authorized by the Captain of the Port Department of Homeland Security Charleston or a designated Protection of Children Management Directive 023–01 and representative. We have analyzed this rule under Commandant Instruction M16475.lD, (2) Persons and vessels desiring to Executive Order 13045, Protection of which guide the Coast Guard in enter, transit through, anchor in, or Children from Environmental Health complying with the National remain within the regulated area may Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 contact the Captain of the Port

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Charleston by telephone at (843) 740– • Was appealed to the Board before (an additional monthly amount of 7050, or a designated representative via January 19, 2012 but has not been compensation that may be paid to VHF radio on channel 16, to request decided by the Board as of that date; or veterans with certain serious authorization. If authorization to enter, • Is pending before VA on or after disabilities) will help ensure that transit through, anchor in, or remain January 19, 2012 because the Court of veterans with ALS are compensated within the regulated area is granted by Appeals for Veterans Claims vacated a appropriately. The ALS Association the Captain of the Port Charleston or a Board decision on the application and recommended that VA adopt special designated representative, all persons remanded it for readjudication. processing procedures to expedite ALS and vessels receiving such authorization FOR FURTHER INFORMATION CONTACT: claims; however, VA has already must comply with the instructions of Nancy A. Copeland, Consultant, established procedures for handling the Captain of the Port Charleston or a Regulations Staff (211D), Compensation hardship cases involving seriously designated representative. and Pension Service, Veterans Benefits disabled veterans. Therefore, we are not (3) The Coast Guard will provide Administration, Department of Veterans making any changes to the final rule notice of the regulated area by Local Affairs, 810 Vermont Avenue NW., based on this comment. Notice to Mariners, Broadcast Notice to Washington, DC 20420, (202) 461–9428. One commenter said that he would Mariners, and on-scene designated (This is not a toll-free number.) like to see the 100-percent rating for this disease given to all veterans, whether or representatives. SUPPLEMENTARY INFORMATION: On June (d) Effective Date. This rule is not they are service-connected. 23, 2010, VA published in the Federal However, under current law, 38 U.S.C. effective from 5:30 p.m. until 6:50 p.m. Register (75 FR 35711) a proposed rule on December 31, 2011. 1110 and 1131, VA’s authority is limited that would revise the evaluation to providing compensation to veterans Dated: December 9, 2011. criterion for amyotrophic lateral with service-connected disabilities. M.F. White, sclerosis (ALS) in the VA Schedule for Therefore, as VA is prohibited from Captain, U.S. Coast Guard, Captain of the Rating Disabilities (diagnostic code 8017 taking the action the commenter Port Charleston. in 38 CFR 4.124a, the schedule of requests, we are not making any changes [FR Doc. 2011–32485 Filed 12–19–11; 8:45 am] ratings for neurological conditions and to the final rule based on this comment. BILLING CODE 9110–04–P convulsive disorders). The schedule One commenter expressed the belief previously provided a minimum that revision of the VA rating schedule evaluation of 30 percent for ALS; in the proposed rulemaking would be DEPARTMENT OF VETERANS however, we determined that providing ‘‘arbitrary,’’ arguing that ALS was being AFFAIRS a 100-percent evaluation in all cases evaluated differently from other would obviate the need to reassess and neurological disorders. The comment 38 CFR Part 4 reevaluate veterans with ALS repeatedly expressed the belief that the proposed over a short period of time, as the RIN 2900–AN60 rule would ‘‘rate multiple disabilities as condition worsens and inevitably and a single disability’’ when a possibility of Schedule for Rating Disabilities; relentlessly progresses to total entitlement to SMC exists, and that the Evaluation of Amyotrophic Lateral disability, and we proposed to increase proposed rule would ‘‘produce Sclerosis the minimum evaluation for ALS to decisions which result in payment at a 100 percent. rate lower than the veteran is entitled to AGENCY: Department of Veterans Affairs. Comments in Response to Proposed now.’’ ACTION: VA appreciates this comment; Final rule. Rule however, this rule does not change the SUMMARY: The Department of Veterans A 30-day comment period ended July procedure for evaluating service- Affairs (VA) is amending its Schedule 23, 2010, and we received comments connected disabilities. It only prescribes for Rating Disabilities by revising the from 17 individual members of the a higher minimum disability rating for disability evaluation criterion provided general public and 1 from the ALS. VA remains required to provide an for amyotrophic lateral sclerosis (ALS) Amyotrophic Lateral Sclerosis evaluation for all service-connected to provide an evaluation of 100 percent Association. The comments from the disabilities, regardless of whether a for any veteran with service-connected general public included 5 from veterans veteran already has received a 100- ALS. This change is necessary to who have ALS, 3 from family members percent disability rating for one. adequately compensate veterans who of veterans who have ALS or who died Therefore, all veterans will continue to suffer from this progressive, untreatable, from ALS, and 1 from an individual receive thorough evaluations for all and fatal disease. This change is raising claim-specific issues. Fifteen of service-connected disabilities and intended to provide a total disability the individual commenters expressed disorders. All veterans who would be rating for any veteran with service- support for the rule. Two of the 15 said eligible for SMC or ancillary benefits connected ALS. they support the rule ‘‘wholeheartedly,’’ before the promulgation of this DATES: Effective Date: This final rule is and others used expressions such as ‘‘it regulation will remain so. effective January 19, 2012. is imperative’’ and ‘‘it is absolutely As the proposed rule explained, ALS Applicability Date: This final rule vital.’’ We are not making any changes is a rapidly progressing disease, and applies to an application for benefits to the final rule based on these establishment of a 100-percent that: supportive comments. evaluation for ALS will not adversely • Is received by VA on or after In addition, the Amyotrophic Lateral affect how ALS is evaluated for rating January 19, 2012; Sclerosis (ALS) Association strongly purposes. Although a veteran may • Was received by VA before January endorsed the proposed rule. It stated receive compensation at the 100-percent 19, 2012 but has not been decided by a that the establishment of an evaluation rate based either on a 100-percent VA regional office as of that date; of 100 percent for ALS in all cases, plus evaluation specifically for ALS or on a • Is appealed to the Board of the note under the evaluation criterion combined evaluation for ALS and other Veterans’ Appeals on or after January that recommends consideration of service-connected conditions, on either 19, 2012; special monthly compensation (SMC) basis VA may consider the veteran for

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varying levels of SMC, which is an State, local, or tribal governments or Dated: December 15, 2011. amount of compensation in addition to communities; (2) Create a serious Robert C. McFetridge, amounts payable for service-connected inconsistency or otherwise interfere Director of Regulation Policy and disability, including disabilities rated with an action taken or planned by Management, Office of the General Counsel, 100-percent disabling, where applicable. another agency; (3) Materially alter the Department of Veterans Affairs. Indeed, as amended, 38 CFR 4.124a budgetary impact of entitlements, For the reasons set out in the includes a note to the rater: ‘‘Consider grants, user fees, or loan programs or the preamble, 38 CFR part 4, subpart B, is the need for special monthly rights and obligations of recipients amended as set forth below: compensation.’’ Furthermore, because thereof; or (4) Raise novel legal or policy this rule does not alter VA’s procedures issues arising out of legal mandates, the PART 4—SCHEDULE FOR RATING regarding evaluation of all disabilities President’s priorities, or the principles DISABILITIES and disorders, any ancillary benefits to set forth in this Executive Order.’’ which a veteran may be entitled will be ■ The economic, interagency, 1. The authority citation for part 4 preserved. We thus make no changes to continues to read as follows: the regulation based on this comment. budgetary, legal, and policy implications of this regulatory action Authority: 38 U.S.C. 1155, unless One general public commenter raised otherwise noted. claim-specific issues that are unrelated have been examined and it has been determined not to be a significant to this rulemaking. We thus are making Subpart B—Disability Ratings no changes to the proposed rule based regulatory action under Executive Order on this comment. 12866. ■ 2. In § 4.124a, revise diagnostic code Therefore, based on the rationale set Paperwork Reduction Act 8017 to read as follows: forth in the proposed rule and this document, we are adopting the This document contains no provisions § 4.124a Schedule of ratings—neurological conditions and convulsive disorders. provisions of the proposed rule as a constituting a collection of information final rule with no changes. under the Paperwork Reduction Act of * * * * * 1995 (44 U.S.C. 3501–3521). Unfunded Mandates Rating The Unfunded Mandates Reform Act Regulatory Flexibility Act of‘1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of The Secretary hereby certifies that ***** 8017 Amyotrophic lateral sclerosis 100 anticipated costs and benefits before this final rule will not have a significant issuing any rule that may result in an economic impact on a substantial expenditure by State, local, and tribal number of small entities as they are Note: Consider the need for special governments, in the aggregate, or by the defined in the Regulatory Flexibility monthly compensation. Act, 5 U.S.C. 601–612. The rule could private sector, of $100 million or more * * * * * affect only VA beneficiaries and will not (adjusted annually for inflation) in any [FR Doc. 2011–32531 Filed 12–19–11; 8:45 am] directly affect small entities. Therefore, given year. This rule will have no such BILLING CODE 8320–01–P effect on State, local, and tribal pursuant to 5 U.S.C. 605(b), this rule is governments, or on the private sector. exempt from the initial and final regulatory flexibility analyses Executive Orders 12866 and 13563 DEPARTMENT OF VETERANS requirements of sections 603 and 604. AFFAIRS Executive Orders 12866 and 13563 Catalog of Federal Domestic Assistance direct agencies to assess the costs and 38 CFR Part 17 benefits of available regulatory The Catalog of Federal Domestic RIN 2900–AO28 alternatives and, when regulation is Assistance program numbers and titles necessary, to select regulatory for this rule are as follows: 64.109, Copayments for Medications in 2012 approaches that maximize net benefits Veterans Compensation for Service- (including potential economic, Connected Disability; and 64.110, AGENCY: Department of Veterans Affairs. environmental, public health and safety Veterans Dependency and Indemnity ACTION: Interim final rule. effects, and other advantages; Compensation for Service-Connected SUMMARY: distributive impacts; and equity). Death. The Department of Veterans Executive Order 13563 (Improving Affairs (VA) amends its medical Regulation and Regulatory Review) Signing Authority regulations concerning the copayment emphasizes the importance of required for certain medications. Under quantifying both costs and benefits, The Secretary of Veterans Affairs, or current regulations, beginning on reducing costs, harmonizing rules, and designee, approved this document and January 1, 2012, the copayment amount promoting flexibility. Executive Order authorized the undersigned to sign and must be increased based on the 12866 (Regulatory Planning and submit the document to the Office of the prescription drug component of the Review) defines a ‘‘significant Federal Register for publication Medical Consumer Price Index, and the regulatory action,’’ which requires electronically as an official document of maximum annual copayment amount review by the Office of Management and the Department of Veterans Affairs. John must be increased when the copayment Budget (OMB), as ‘‘any regulatory action R. Gingrich, Chief of Staff, Department is increased. A prior action ‘‘froze’’ the that is likely to result in a rule that may: of Veterans Affairs, approved this copayment amount for veterans in VA’s (1) Have an annual effect on the document on October 7, 2011, for health care system enrollment priority economy of $100 million or more or publication. categories 2 through 6 and allowed for adversely affect in a material way the List of Subjects in 38 CFR Part 4 increased copayments, as required by economy, a sector of the economy, the current regulation, only for veterans productivity, competition, jobs, the Disability benefits, Pensions, in priority categories 7 and 8. This environment, public health or safety, or Veterans. document freezes copayments at the

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current rate for veterans in priority Under current 38 CFR 17.110(b)(1), while we review our overall copayment categories 2 through 6 for the next 12 veterans are ‘‘obligated to pay VA a methodology because these groups months, and thereafter resumes copayment for each 30-day or less would be impacted more by the increase increasing copayments in accordance supply of medication provided by VA in the copayment due to their likely with any change in the prescription on an outpatient basis (other than greater need for medical care due to drug component of the Medical medication administered during their disabilities or conditions of Consumer Price Index (CPI–P). treatment).’’ Under the current service. Therefore, we will continue the DATES: Effective Date: This rule is regulation, for the period from July 1, copayment amount at the current $8 rate effective on December 20, 2011. 2010, through December 31, 2011, ‘‘the for veterans in priority categories 2 Comments must be received on or copayment amount for veterans in through 6 through December 31, 2012, before February 21, 2012. priority categories 2 through 6 of VA’s in order to complete the review of health care system * * * is $8.’’ 38 CFR indicators to base our copayment ADDRESSES: Written comments may be 17.110(b)(1)(ii). ‘‘For veterans in priority amounts. The cap will also remain at submitted by email through http:// categories 7 and 8 of VA’s health care the current level ($960) for these www.regulations.gov; by mail or hand- system (see § 17.36), the copayment veterans. Depending on the results of delivery to Director, Regulations amount from July 1, 2010, through the review described above, the Management (02REG), Department of December 31, 2011, is $9.’’ 38 CFR Secretary may initiate a new rulemaking Veterans Affairs, 810 Vermont Avenue 17.110(b)(1)(iii). Thereafter, the on this subject rather than continue to NW., Room 1068, Washington, DC copayment amount for all affected rely on the CPI–P escalator provision to 20420; or by fax to (202) 273–9026. veterans is to be established using a determine the copayment amount. Comments should indicate that they are formula based on the prescription drug At the end of calendar year 2012, submitted in response to ‘‘RIN 2900– component of the Medical Consumer unless additional rulemaking is AO28, Copayments for Medications in Price Index, set forth in 38 CFR initiated, VA will once again utilize the 2012.’’ Copies of comments received 17.110(b)(1)(iv). CPI–P methodology in § 17.110(b)(1)(iv) will be available for public inspection in Current § 17.110(b)(2) also includes a to determine whether to increase the Office of Regulation Policy and ‘‘cap’’ on the total amount of copayments and calculate any mandated Management, Room 1063B, between the copayments in a calendar year for a increase in the copayment amount for hours of 8 a.m. and 4:30 p.m. Monday veteran enrolled in one of VA’s health veterans in priority categories 2 through through Friday (except holidays). Please care enrollment system priority 6. At that time, the CPI–P as of call (202) 461–4902 for an appointment. categories 2 through 6. Through September 30, 2012, will be divided by In addition, during the comment period, December 31, 2011, that cap is set at the index as of September 30, 2001, comments may be viewed online $960. Thereafter, the cap is to which was 304.8. The ratio will then be through the Federal Docket Management ‘‘increase[ ] by $120 for each $1 increase multiplied by the original copayment System (FDMS) at http:// in the copayment amount’’ applicable to amount of $7. The copayment amount of www.regulations.gov. veterans enrolled in one of VA’s health the new calendar year will be rounded FOR FURTHER INFORMATION CONTACT: care enrollment system priority down to the whole dollar amount. As Kristin Cunningham, Director, Business categories 2 through 6. mandated by current § 17.110(b)(2), the On February 22, 2011, we published Policy, Chief Business Office, 810 annual cap will be calculated by a final rulemaking that established the Vermont Avenue, Washington, DC increasing the cap by $120 for each $1 copayment amounts discussed above, 20420, (202) 461–1599 (This is not a increase in the copayment amount. Any effective through December 31, 2011. 76 toll-free number.) change in the copayment amount and FR 9646. In the interim final rule which cap, along with the associated SUPPLEMENTARY INFORMATION: Under 38 announced our intent to freeze calculations explaining the basis for the U.S.C. 1722A(a), VA must require copayments through December 31, 2011, increase, will be published in a Federal veterans to pay a $2 copayment for each we made clear that we would return to Register notice. Thus, the intended 30-day supply of medication furnished the CPI–P methodology ‘‘unless effect of this rule is to temporarily on an outpatient basis for the treatment additional rulemaking is initiated.’’ 75 prevent increases in copayment of a nonservice-connected disability or FR 32670. We are now undertaking amounts and the copayment cap for condition. Under 38 U.S.C. 1722A(b), ‘‘additional rulemaking’’ to extend the veterans in priority categories 2 through VA ‘‘may,’’ by regulation, increase that freeze in copayment rates. 6, following which copayments and the copayment and establish a maximum In our prior rulemaking, we indicated copayment cap will increase as annual copayment (a ‘‘cap’’). We that we were reviewing whether to prescribed in current § 17.110(b). interpret section 1722A(b) to mean that revise the current regulatory formula. 76 At the same time, in light of the VA has discretion to determine the FR 9647. We are still considering such statutory requirement to share costs appropriate copayment amount and revision, and will continue to review under 38 U.S.C. 1722A and the annual cap amount for medication the matter in 2012. Therefore, as before, distinctions noted above regarding furnished on an outpatient basis for we continue to believe that a freeze is veterans in priority categories 2 through covered treatment, provided that any appropriate in light of this anticipated 6, we will not implement a freeze on decision by VA to increase the review and given the current economic any copayment increase pursuant to the copayment amount or annual cap climate, and propose to continue to regulatory formula for veterans in amount is the subject of a rulemaking delay implementation of the increase in priority categories 7 and 8. A copayment proceeding. The copayment amount the copayment amount (and the increase for these veterans will depend cannot exceed the cost to the Secretary corresponding $120 increase in the cap) upon the Medical Consumer Price of this medication (including until the completion of our review for Index. administrative costs). In 66 Fed Reg veterans in priority categories 2 through We note that we have not yet 63499 we determined a method for 6 of VA’s health care system. 76 FR proposed a new methodology to calculating this cost. We have 9647. We continue to believe that it is establish copayments and, for that implemented this statute in 38 CFR appropriate to maintain the current reason, request public comment only on 17.110. copayment amount for these groups the effect of this rulemaking, which is

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to freeze the copayment amount for regulatory action,’’ which requires Centers; 64.008, Veterans Domiciliary veterans in priority categories 2 through review by the Office of Management and Care; 64.009, Veterans Medical Care 6 while we study alternative Budget (OMB), as ‘‘any regulatory action Benefits; 64.010, Veterans Nursing methodologies to calculate appropriate that is likely to result in a rule that may: Home Care; 64.011, Veterans Dental copayment amounts for all veterans. (1) Have an annual effect on the Care; 64.012, Veterans Prescription economy of $100 million or more or Service; 64.013, Veterans Prosthetic Administrative Procedure Act adversely affect in a material way the Appliances; 64.014, Veterans State In accordance with 5 U.S.C. economy, a sector of the economy, Domiciliary Care; 64.015, Veterans State 553(b)(3)(B) and (d)(3), the Secretary of productivity, competition, jobs, the Nursing Home Care; 64.016, Veterans Veterans Affairs finds that there is good environment, public health or safety, or State Hospital Care; 64.018, Sharing cause to dispense with the opportunity State, local, or tribal governments or Specialized Medical Resources; 64.019, for advance notice and opportunity for communities; (2) Create a serious Veterans Rehabilitation Alcohol and public comment and good cause to inconsistency or otherwise interfere Drug Dependence; 64.022, Veterans publish this rule with an immediate with an action taken or planned by Home Based Primary Care; and 64.024, effective date. As stated above, this rule another agency; (3) Materially alter the VA Homeless Providers Grant and Per freezes at current rates the prescription budgetary impact of entitlements, Diem Program. drug copayment that VA charges certain grants, user fees, or loan programs or the veterans. The Secretary finds that it is rights and obligations of recipients Signing Authority impracticable and contrary to the public thereof; or (4) Raise novel legal or policy The Secretary of Veterans Affairs, or interest to delay this rule for the issues arising out of legal mandates, the designee, approved this document and purpose of soliciting advance public President’s priorities, or the principles authorized the undersigned to sign and comment or to have a delayed effective set forth in this Executive Order. submit the document to the Office of the date. Increasing the copayment amount The economic, interagency, Federal Register for publication on January 1, 2012, might cause a budgetary, legal, and policy electronically as an official document of significant financial hardship for some implications of this regulatory action the Department of Veterans Affairs. John veterans. have been examined and it has been R. Gingrich, Chief of Staff, Department For the above reason, the Secretary determined to be a significant regulatory of Veterans Affairs, approved this issues this rule as an interim final rule. action. Accordingly, the Office of document on December 2, 2011, for VA will consider and address comments Management and Budget has reviewed publication. that are received within 60 days of the this interim final rule. date this interim final rule is published List of Subjects in 38 CFR Part 17 Unfunded Mandates in the Federal Register. Administrative practice and The Unfunded Mandates Reform Act procedure; Alcohol abuse; Alcoholism; Effect of Rulemaking of 1995 requires, at 2 U.S.C. 1532, that Claims; Day care; Dental health; Drug The Code of Federal Regulations, as agencies prepare an assessment of abuse; Foreign relations; Government revised by this rulemaking, would anticipated costs and benefits before contracts; Grant programs—health; represent the exclusive legal authority issuing any rule that may result in an Grant programs—veterans; Health care; on this subject. No contrary rules or expenditure by State, local, and tribal Health facilities; Health professions; procedures are authorized. All VA governments, in the aggregate, or by the Health records; Homeless; Medical and guidance must be read to conform with private sector, of $100 million or more dental schools; Medical devices; this rulemaking if possible or, if not (adjusted annually for inflation) in any Medical research; Mental health possible, such guidance is superseded given year. This rule would have no programs; Nursing homes; Philippines, by this rulemaking. such effect on State, local, and tribal Reporting and recordkeeping governments, or on the private sector. Paperwork Reduction Act requirements; Scholarships and Regulatory Flexibility Act fellowships, Travel and transportation This document contains no provisions expenses, Veterans. constituting a collection of information The Secretary hereby certifies that under the Paperwork Reduction Act (44 this interim final rule would not have a Dated: December 15, 2011. U.S.C. 3501–3521). significant economic impact on a Robert C. McFetridge, substantial number of small entities as Director of Regulation Policy and Executive Orders 12866 and 13563 they are defined in the Regulatory Management, Office of the General Counsel, Executive Orders 12866 and 13563 Flexibility Act, 5 U.S.C. 601–612. This Department of Veterans Affairs. direct agencies to assess the costs and interim final rule will temporarily freeze For the reasons set forth in the benefits of available regulatory the copayments that certain veterans are preamble, VA amends 38 CFR part 17 as alternatives and, when regulation is required to pay for prescription drugs follows: necessary, to select regulatory furnished by VA. The interim final rule approaches that maximize net benefits affects individuals and has no impact on PART 17—MEDICAL (including potential economic, any small entities. Therefore, pursuant environmental, public health and safety to 5 U.S.C. 605(b), this rule is exempt ■ 1. The authority citation for part 17 effects, and other advantages; from the initial and final regulatory continues to read as follows: distributive impacts; and equity). flexibility analysis requirements of Authority: 38 U.S.C. 501(a), and as noted Executive Order 13563 (Improving sections 603 and 604. in specific sections. Regulation and Regulatory Review) emphasizes the importance of Catalog of Federal Domestic Assistance ■ 2. In § 17.110, paragraphs (b)(1)(ii), quantifying both costs and benefits, The Catalog of Federal Domestic and (b)(2), remove ‘‘December 31, 2011’’ reducing costs, harmonizing rules, and Assistance program number and title for each place it appears and add, in each promoting flexibility. Executive Order this rule are as follows: 64.005, Grants place, ‘‘December 31, 2012’’. 12866 (Regulatory Planning and to States for Construction of State Home [FR Doc. 2011–32532 Filed 12–19–11; 8:45 am] Review) defines a ‘‘significant Facilities; 64.007, Blind Rehabilitation BILLING CODE 8320–01–P

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DEPARTMENT OF VETERANS in its entirety. On February 7, 2011, VA the modification that might result in an AFFAIRS published in the Federal Register (76 increase in the interest rate. In addition, FR 6555) an interim final rule that (1) it is more feasible from a processing 38 CFR Part 36 restructured § 36.4315 to clarify that standpoint for the servicer, because it holders may seek VA approval for a loan allows the rate to be fixed without RIN 2900–AN78 modification if the proposed concern that documents may be sent to Loan Guaranty Revised Loan modification does not otherwise meet the borrower to be signed, but the Modification Procedures the conditions prescribed in Modification Agreement may be in § 36.4315(a), (2) revised the violation of the regulation if rates AGENCY: Department of Veterans Affairs. methodology for determining the decrease before the modification is ACTION: Final rule. maximum interest rate on a modified executed. Therefore, § 36.4315(a)(8)(i) is loan, and (3) allowed foreclosure costs changed by replacing the word SUMMARY: This document amends a actually incurred to be capitalized into ‘‘executed’’ with the word ‘‘approved’’. Department of Veterans Affairs (VA) the modified loan balance. Comment: VA should require that the Loan Guaranty regulation related to interest rate on a modified loan be lower Discussion of Public Comments modification of guaranteed housing than the existing rate, or that any loans in default. Specifically, changes The public comment period on the interest rate increase on a modified loan are made to requirements related to interim final rule closed on April 8, be submitted to VA for approval. maximum interest rates on modified 2011. VA received comments from six VA Response: VA does not concur. As loans and to items that may be entities about the rule. One comment discussed in the preamble to the interim capitalized in a modified loan amount. was from a mortgage industry trade final rule, a modification typically In addition, we are revising the association, three were from mortgage allows capitalization of past due regulation to clarify that the holder of a servicers, and two were from nonprofit amounts over a very long repayment loan may seek VA approval for a loan law firms writing on behalf of veteran term, sometimes as long as 10 years past modification that does not otherwise borrowers. The final rule has been the original maturity date of the loan (or meet prescribed conditions. The revised to incorporate changes that VA even longer if the original term was less amendments are intended to liberalize agrees are necessary in light of, or as the than 30 years), which is easier to the requirements for modification of logical outgrowth of the comments maintain than a short term repayment VA-guaranteed loans and provide provided. The following paragraphs arrangement, but will likely increase the holders more options for working with discuss the comments VA received on monthly payments by a small amount. veterans to avoid foreclosure. the interim final rule. The comments are This benefits the veteran by eliminating presented in order by the paragraph to the delinquency and granting a ‘‘fresh DATES: This final rule is effective which the comments apply, and similar start’’ on payment of the loan. The January 19, 2012. comments are grouped together. servicer is required to determine that FOR FURTHER INFORMATION CONTACT: the borrower is a reasonable credit risk Section 36.4315(a)(8) Interest Rate Mike Frueh, Assistant Director for Loan based on income, expenses and other Restrictions Management (261), Veterans Benefits obligations, so even though the interest Administration, Department of Veterans Comment: VA should change the rate may be increasing on a Affairs, 810 Vermont Avenue NW., establishment of the maximum interest modification, future payments will still Washington, DC 20420, at (571) 272– rate from the date the modification is be affordable. Requiring VA to review 0017. (This is not a toll-free telephone executed to the date the modification is every case with a small interest rate number.) approved. increase would place an undue burden SUPPLEMENTARY INFORMATION: VA Response: VA concurs. As on limited staff, while providing no indicated in the interim final rule, VA tangible benefit to veterans. Allowing Statutory Background based its revision to the establishment modification at a market interest rate, Under 38 U.S.C. chapter 37, VA of the maximum interest rate allowable which may be lower or higher than the guarantees loans made by private on a loan modification to a large extent existing interest rate, serves as an lenders to veterans for the purchase, on a Department of Housing and Urban incentive for the servicer to complete construction, and refinancing of homes Development (HUD) Mortgagee Letter the modification at a rate that will allow owned and occupied by veterans. (2009–35), which stated that the it to re-pool the modified loan without maximum rate would be computed as of Regulatory Background taking a loss to do so. However, if the the date of execution of the proposed interest rate for the On February 1, 2008, VA published in Modification Agreement. However, modification is more than one percent the Federal Register (73 FR 6294) a final several comments mentioned that a above the existing rate, then VA believes rule that extensively revised 38 CFR subsequent Loan Modification it is appropriate to review the case to part 36 to modernize procedures for Frequently Asked Questions (FAQ) determine if the increased rate, in servicing VA-guaranteed home loans. A document posted by HUD on its Web addition to the capitalization of the new subpart F was added to include site (at http://www.hud.gov/offices/hsg/ delinquency, could raise serious § 36.4815, which provided detailed sfh/nsc/faqlm.cfm) stated that the questions about the veteran’s ability to parameters for private loan servicers to maximum interest rate on a loan repay the modified loan. That would modify delinquent loans without modification should actually be give VA the opportunity to consider seeking prior approval from VA, thereby calculated as of the date the Mortgagee refunding the loan at a lower rate in enabling servicers to quickly assist approves the modification. This is a order to make the modification even veteran borrowers in avoiding more beneficial position for a veteran more affordable for the veteran foreclosure. On June 15, 2010, VA borrower, as it allows the maximum rate borrower. If the servicer decides that a published in the Federal Register (75 to be calculated when the servicer is veteran is not a reasonable credit risk for FR 33704) a final rule that redesignated underwriting the modification, without a loan modification, then VA has the subpart F (the 36.4800 series) to replace the possibility of an interest rate opportunity through its oversight to obsolete subpart B (the 36.4300 series) increase occurring before execution of consider refunding the loan at a rate that

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will make the loan affordable, if that is based on the reasonable and customary Technicians, has resulted in ensuring possible. This is the position that VA amounts the Secretary has determined that veterans receive excellent believes best balances the goals of the appropriate in each state. In order to opportunities to retain their homes VA home loan program to provide a ensure that veterans are not charged in when feasible, or to avoid foreclosure benefit to our nation’s veterans, while excess of the maximum amount when retention is not possible. As a also exercising appropriate judgment in allowable for a completed foreclosure, demonstration of this point, for the past the use of taxpayer funds to acquire § 36.4315(a)(10) is amended to limit the 2 years the Mortgage Bankers loans that will yield much lower than amount of legal fees and costs that may Association quarterly National market rates. be included in the modified Delinquency Survey has reported that Comment: VA should mandate lower indebtedness to the maximum amounts VA-guaranteed loans have the lowest payments on a modified loan. For prescribed in § 36.4314 by inserting foreclosure starts and foreclosure circumstances in which: (1) The interest after ‘‘canceled foreclosure’’ the phrase inventory of any loan type. rate will be the same or higher, (2) even ‘‘(subject to the maximum amounts Paperwork Reduction Act of 1995 a reduced interest rate will not result in prescribed in § 36.4314).’’ a lower payment, or (3) the interest rate VA does not believe it is appropriate This document contains no provisions cannot be reduced (such as on a loan to set a maximum $1,000 for the limit constituting a collection of information held by a state housing-finance on cancelled foreclosure costs and fees under the Paperwork Reduction Act of authority), VA should require reduction that may be included in the modified 1995 (44 U.S.C. 3501–3521). in the principal balance so that the loan balance, as costs vary from state to Unfunded Mandates payment will be reduced. state, and the amount of work VA Response: VA does not concur. As completed on a foreclosure will also The Unfunded Mandates Reform Act stated above, the purpose of a loan very from case to case. The language of 1995 requires, at 2 U.S.C. 1532, that modification is to give a borrower a limiting costs to ‘‘actual’’ fees and costs agencies prepare an assessment of fresh start by resetting the terms of the clearly indicates that the maximum anticipated costs and benefits before loan to make payments affordable. allowable charge should not be made issuing any rule that may result in the Reducing a loan payment does not unless those fees and costs have actually expenditure by State, local, and tribal necessarily guarantee that future been incurred. governments, in the aggregate, or by the payments will be affordable for a private sector, of $100 million or more borrower, as that requires an analysis of Loss Mitigation Requirements in any given year. This rule will have income and other expenses. If a Comment: VA should promulgate new no such effect on State, local, and tribal borrower can afford future payments regulations requiring that loan holders governments, or on the private sector. that are slightly higher than existing engage in mandatory loss mitigation Executive Orders 12866 and 13563 payments, but cannot afford to pay the efforts prior to initiation of foreclosure. accrued delinquency, then there is no VA Response: VA does not concur. Executive Orders 12866 and 13563 need to require that payments on a VA believes its existing regulations both direct agencies to assess the costs and modified loan be lower than the existing require and encourage loss mitigation benefits of available regulatory payments, only that the delinquency be efforts by loan holders and their alternatives and, when regulation is eliminated via the modification. As far mortgage servicers prior to the initiation necessary, to select regulatory as requiring that a servicer waive a of foreclosure. In § 36.4350, VA requires approaches that maximize net benefits portion of the principal balance in order establishment of a system for servicing (including potential economic, to reduce payments, VA does not have delinquent loans and prescribes environmental, public health and safety any specific authority to do so. VA does collection actions designed to determine effects, and other advantages; have the option to assist a veteran reasons for loan defaults and to explore distributive impacts; and equity). borrower in need of lower payments by loss mitigation options. In § 36.4319, VA Executive Order 13563 (Improving refunding a loan and reducing the provides an incentive structure to Regulation and Regulatory Review) interest rate well below the market rate encourage successful loss mitigation emphasizes the importance of to make payments affordable. However, efforts by loan servicers. This final rule quantifying both costs and benefits, that authority to refund must be (§ 36.4315) allows servicers wide reducing costs, harmonizing rules, and balanced against the fact that taxpayer latitude in modifying delinquent loans promoting flexibility. Executive Order funds will be used to acquire a loan that without the prior approval of VA in 12866 (Regulatory Planning and will be modified to yield much less than order to resolve defaults. VA also Review) defines a ‘‘significant market interest rates. authorizes servicers to pursue short sale regulatory action,’’ which requires and deeds in lieu of foreclosure review by the Office of Management and Section 36.4315(a)(10) Fees Allowed in (§ 36.4322) when home retention is not Budget (OMB), as ‘‘any regulatory action Modified Amount possible and the servicing requirements that is likely to result in a rule that may: Comment: VA should ensure that in VA’s regulations are satisfied. (1) Have an annual effect on the veterans are not overcharged for Furthermore, in order to ensure that a economy of $100 million or more or foreclosure expenses, perhaps by setting servicer has sufficient time to explore adversely affect in a material way the a limit of $1,000 on legal fees that may all possible loss mitigation options, in economy, a sector of the economy, be capitalized when a loan is modified. calculating the guaranty claim payable productivity, competition, jobs, the VA Response: VA partially agrees. on a terminated loan, VA allows environment, public health or safety, or This subparagraph presently limits the inclusion of interest for 210 days from State, local, or tribal governments or amount that may be included in the the due date of the last paid installment, communities; (2) Create a serious modified indebtedness to ‘‘actual legal plus the reasonable period that VA has inconsistency or otherwise interfere fees and foreclosure costs related to the established for completion of with an action taken or planned by cancelled foreclosure.’’ Existing termination in the jurisdiction where another agency; (3) Materially alter the § 36.4314 limits the amount of legal fees the loan is located. We believe all these budgetary impact of entitlements, for foreclosure that may be included in existing requirements, plus the grants, user fees, or loan programs or the the computation of a guaranty claim, oversight efforts of dedicated VA Loan rights and obligations of recipients

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thereof; or (4) Raise novel legal or policy Dated: December 15, 2011. OAR–2011–0897, by one of the issues arising out of legal mandates, the Robert C. McFetridge, following methods: President’s priorities, or the principles Director of Regulation Policy and 1. Federal eRulemaking Portal: set forth in this Executive Order.’’ Management, Office of the General Counsel, www.regulations.gov. Follow the on-line Department of Veterans Affairs. instructions. The economic, interagency, 2. Email: [email protected]. budgetary, legal, and policy For the reasons stated in the 3. Mail or deliver: Andrew Steckel implications of this regulatory action preamble, VA amends 38 CFR part 36 as (Air-4), U.S. Environmental Protection have been examined and it has been follows: Agency Region IX, 75 Hawthorne Street, determined not to be a significant PART 36—LOAN GUARANTY San Francisco, CA 94105–3901. regulatory action under Executive Order Instructions: All comments will be 12866. ■ 1. The authority citation for part 36 included in the public docket without continues to read as follows: change and may be made available Regulatory Flexibility Act online at www.regulations.gov, Authority: 38 U.S.C. 501 and as otherwise The Secretary hereby certifies that noted. including any personal information this final rule would not have a ■ provided, unless the comment includes 2. Amend § 36.4315 by: Confidential Business Information (CBI) significant economic impact on a ■ a. In paragraph (a)(8)(i) removing or other information whose disclosure is substantial number of small entities as ‘‘executed’’ and adding, in its place, restricted by statute. Information that they are defined in the Regulatory ‘‘approved’’. you consider CBI or otherwise protected Flexibility Act, 5 U.S.C. 601–612. The ■ b. In paragraph (a)(10) removing should be clearly identified as such and vast majority of VA loans are serviced ‘‘canceled foreclosure;’’ and adding, in its place, ‘‘canceled foreclosure; (subject should not be submitted through by very large financial companies. Only www.regulations.gov or email. a handful of small entities service VA to the maximum amounts prescribed in § 36.4314)’’. www.regulations.gov is an ‘‘anonymous loans and they service only a very small access’’ system, and EPA will not know number of loans. This final rule, which [FR Doc. 2011–32528 Filed 12–19–11; 8:45 am] your identity or contact information only impacts veterans, other individual BILLING CODE 8320–01–P unless you provide it in the body of obligors with guaranteed loans, and your comment. If you send email companies that service VA loans, will directly to EPA, your email address will have very minor economic impact on a ENVIRONMENTAL PROTECTION be automatically captured and included very small number of small entities AGENCY as part of the public comment. If EPA servicing such loans. Therefore, cannot read your comment due to pursuant to 5 U.S.C. 605(b), this rule is 40 CFR Part 52 technical difficulties and cannot contact exempt from the initial and final [EPA–R09–OAR–2011–0897; FRL–9499–9] you for clarification, EPA may not be regulatory flexibility analysis able to consider your comment. requirements of sections 603 and 604. Revisions to the California State Electronic files should avoid the use of Implementation Plan, South Coast Air special characters, any form of Catalog of Federal Domestic Assistance Quality Management District encryption, and be free of any defects or viruses. The Catalog of Federal Domestic AGENCY: Environmental Protection Docket: Generally, documents in the Agency (EPA). Assistance number and title for the docket for this action are available program affected by this document is ACTION: Direct final rule. electronically at www.regulations.gov 64.114, Veterans Housing—Guaranteed and in hard copy at EPA Region IX, 75 and Insured Loans. SUMMARY: EPA is taking direct final action to approve a revision to the South Hawthorne Street, San Francisco, Signing Authority Coast Air Quality Management District California. While all documents in the (SCAQMD) portion of the California docket are listed at The Secretary of Veterans Affairs, or State Implementation Plan (SIP). This www.regulations.gov, some information designee, approved this document and revision concerns oxides of nitrogen may be publicly available only at the hard copy location (e.g., copyrighted authorized the undersigned to sign and (NOX) and oxides of sulfur (SOx) submit the document to the Office of the emissions from facilities emitting 4 tons material, large maps), and some may not be publicly available in either location Federal Register for publication or more per year of NOX or SOx in the electronically as an official document of year 1990 or any subsequent year under (e.g., CBI). To inspect the hard copy the Department of Veterans Affairs. John the SCAQMD’s Regional Clean Air materials, please schedule an R. Gingrich, Chief of Staff, Department Incentives Market (RECLAIM) program. appointment during normal business of Veterans Affairs, approved this We are approving a local rule that hours with the contact listed in the FOR document on October 24, 2011, for regulates these emission sources under FURTHER INFORMATION CONTACT section. publication. the Clean Air Act as amended in 1990 FOR FURTHER INFORMATION CONTACT: Lily (CAA or the Act). Wong, EPA Region IX, (415) 947–4114, List of Subjects in 38 CFR Part 36 DATES: This rule is effective on February [email protected]. SUPPLEMENTARY INFORMATION: Condominiums, Handicapped, 21, 2012 without further notice, unless Throughout this document, ‘‘we,’’ ‘‘us,’’ Housing, Indians, Individuals with EPA receives adverse comments by and ‘‘our’’ refer to EPA. disabilities, Loan programs—housing January 19, 2012. If we receive such and community development, Loan comments, we will publish a timely Table of Contents programs—Indians, Loan programs— withdrawal in the Federal Register to notify the public that this direct final I. The State’s Submittal veterans, Manufactured homes, A. What rule did the State submit? rule will not take effect. Mortgage insurance, Reporting and B. Are there other versions of this rule? recordkeeping requirements, Veterans. ADDRESSES: Submit comments, C. What is the purpose of the submitted identified by docket number EPA–R09– rule revision?

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II. EPA’s Evaluation and Action III. Statutory and Executive Order Reviews local air agency and submitted by the A. How is EPA evaluating the rule? California Air Resources Board (CARB). B. Does the rule meet the evaluation I. The State’s Submittal criteria? A. What rule did the State submit? C. EPA Recommendations To Further Improve the Rule Table 1 lists the rule we are approving D. Public Comment and Final Action with the date that it was adopted by the

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted

SCAQMD ...... 2005 New Source Review for RECLAIM ...... 06/03/11 09/27/11

On October 24, 2011, EPA determined CFR Part 51 Appendix V, which must be B. Are there other versions of this rule? that the submittal for SCAQMD Rule met before formal EPA review. Table 2 lists the previous version of 2005 met the completeness criteria in 40 this rule approved into the SIP.

TABLE 2—CURRENT SIP APPROVED VERSION OF RULE

Rule No. Rule title Adopted Submitted Approved FR citation

2005 ...... New Source Review for RECLAIM 05/06/2005 10/20/2005 08/29/2006, 71 FR 51120

C. What is the purpose of the submitted The rule revision affects existing (40 CFR 81.305), so the RECLAIM rule revision? RECLAIM facilities subject to Rule 2005 Program must fulfill RACT. whose annual allocations 1 do not Guidance and policy documents that NOX helps produce ground-level ozone, smog and particulate matter, exceed its 1994 starting allocation plus we use to evaluate enforceability and which harm human health and the non-tradable credits. While such RACT requirements consistently environment. Section 110(a) of the CAA facilities are required to hold sufficient include the following: requires States to submit regulations RTCs to offset emissions increases by 1. ‘‘State Implementation Plans; General the beginning of the first year, this rule Preamble for the Implementation of Title that control NOX emissions. The RECLAIM program was initially revision eliminates the requirement to I of the Clean Air Act Amendments of 1990,’’ 57 FR 13498 (April 16, 1992); 57 adopted by SCAQMD in October 1993. hold sufficient RTCs to offset emissions increases at the beginning of the second FR 18070 (April 28, 1992). The program established for many of the 2. ‘‘State Implementation Plans; Nitrogen largest NOX and SOx facilities in the and subsequent years. SCAQMD states Oxides Supplement to the General South Coast Air Basin a regional NOX that the primary purpose of the revision Preamble; Clean Air Act Amendments of and regional SOx emissions cap and to Rule 2005 was to alleviate the 1990 Implementation of Title I; Proposed trade program, with the regional disincentives to existing facilities to Rule’’ (the NOX Supplement), 57 FR emissions caps declining over time until modernize and replace older, more 55620, November 25, 1992. 2003. SCAQMD amended RECLAIM to polluting equipment with newer and 3. ‘‘Issues Relating to VOC Regulation cleaner equipment. Cutpoints, Deficiencies, and Deviations,’’ lower the NOX and SOx emissions caps EPA, May 25, 1988 (the Bluebook). in 2005 and 2010 respectively. The II. EPA’s Evaluation and Action 4. ‘‘Guidance Document for Correcting program was designed to provide Common VOC & Other Rule incentives for facilities to reduce A. How is EPA evaluating the rule? Deficiencies,’’ EPA Region 9, August 21, emissions and advance pollution Generally, SIP rules must be 2001 (the Little Bluebook). control technologies by giving facilities enforceable (see section 110(a) of the 5. ‘‘Economic Incentive Programs—EPA published the guidance, ‘‘Improving Air added flexibility in meeting emission Act), must require Reasonably Available reduction requirements. A NO or SO Quality with Economic Incentive X x Control Technology (RACT) for each Programs’’ on January 2001 (EPA–452/R– RECLAIM Trading Credit (RTC) is a category of sources covered by a Control 01–001). The guidance available at limited authorization to emit one pound Techniques Guidelines (CTG) document http://www.epa.gov/ttncaaa1/t1/meta/ of NOX or SOx during a specified one as well as each NOX or VOC major m1201.html. This guidance applies to year period. A RECLAIM facility’s source in nonattainment areas (see discretionary economic incentive emissions may not exceed its RTC sections 182(a)(2) and 182(f) of the Act), programs (EIPs) and represents the holding in any compliance year. A and must not relax existing agency’s interpretation of what EIPs should contain in order to meet the RECLAIM facility may comply with this requirements (see sections 110(l) and requirement by installing control requirements of the Clean Air Act. 193 of the Act). The SCAQMD regulates Because this guidance is non-binding equipment, modifying their activities, or an ozone nonattainment area classified and does not represent final agency purchasing RTCs from other facilities. as extreme for the 8-hour ozone NAAQS action, EPA is using the guidance as an The purpose of Rule 2005 was to initial screen to determine whether address how the New Source Review 1 The RECLAIM program at Rule 2000(c)(3) potential approvability issues arise. (NSR) program requirements would be defines ‘‘allocation’’ as ‘‘the number of RECLAIM implemented in the context of a cap and Trading Credits (RTCs) [as defined in paragraph B. Does the rule meet the evaluation trade program. Rule 2005 sets forth the (c)(63)] a RECLAIM facility holds for a specific criteria? compliance year, as referenced in the Facility pre-construction review requirements Permit.’’ Consequently, ‘‘annual allocation’’ means We believe this rule is consistent with for new or modified equipment or the amount of RTCs the facility holds for a the relevant policy and guidance processes at RECLAIM facilities. compliance year, as authorized by its permit. regarding enforceability and SIP

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relaxations. While the CAA RACT III. Statutory and Executive Order costs on tribal governments or preempt requirements apply to the RECLAIM Reviews tribal law. program as a whole, the requirements Under the Clean Air Act, the The Congressional Review Act, 5 do not specifically apply to Rule 2005 Administrator is required to approve a U.S.C. 801 et seq., as added by the Small because Rule 2005 addresses the NSR SIP submission that complies with the Business Regulatory Enforcement permit program requirements. In EPA’s provisions of the Act and applicable Fairness Act of 1996, generally provides original approval of the RECLAIM Federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the program, EPA determined that the 40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must RECLAIM program met the CAA RACT submissions, EPA’s role is to approve submit a rule report, which includes a requirements. This amendment does not State choices, provided that they meet copy of the rule, to each House of the change EPA’s previous determination. the criteria of the Clean Air Act. Congress and to the Comptroller General This revision has no effect on allowable Accordingly, this action merely of the United States. EPA will submit a emissions and would not result in approves State law as meeting Federal report containing this action and other emissions increases. Furthermore, this requirements and does not impose required information to the U.S. Senate, revision is consistent with EPA’s additional requirements beyond those the U.S. House of Representatives, and original understanding of how the NSR imposed by State law. For that reason, the Comptroller General of the United offset requirement would be this action: States prior to publication of the rule in implemented in the RECLAIM program. • Is not a ‘‘significant regulatory the Federal Register. A major rule EPA’s November 8, 1996 limited action’’ subject to review by the Office cannot take effect until 60 days after it approval and limited disapproval of of Management and Budget under is published in the Federal Register. RECLAIM (61 FR 57775) stated, ‘‘The Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as NSR offset requirements would only be October 4, 1993); defined by 5 U.S.C. 804(2). triggered if a particular facility exceeded • Does not impose an information its initial RECLAIM allocation plus collection burden under the provisions List of Subjects in 40 CFR Part 52 nontradeable emission allocation.’’ (see of the Paperwork Reduction Act (44 Environmental protection, Air 61 FR 57777) The Technical Support U.S.C. 3501 et seq.); Document (TSD) has more information • Is certified as not having a pollution control, Incorporation by on our evaluation. significant economic impact on a reference, Intergovernmental relations, substantial number of small entities Nitrogen dioxide, Ozone, Reporting and C. EPA recommendations to further recordkeeping requirements. improve the rule under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Dated: November 18, 2011. The TSD describes additional rule • Does not contain any unfunded Jared Blumenfeld, revisions that we recommend for the mandate or significantly or uniquely Regional Administrator, Region IX. next time the local agency modifies the affect small governments, as described RECLAIM rules. in the Unfunded Mandates Reform Act Part 52, chapter I, title 40 of the Code D. Public comment and final action of 1995 (Pub. L. 104–4); of Federal Regulations is amended as • Does not have Federalism follows: As authorized in section 110(k)(3) of implications as specified in Executive the Act, EPA is fully approving the Order 13132 (64 FR 43255, August 10, PART 52—[AMENDED] submitted rule because we believe it 1999); fulfills all relevant requirements. We do • Is not an economically significant ■ 1. The authority citation for Part 52 not think anyone will object to this regulatory action based on health or continues to read as follows: approval, so we are finalizing it without safety risks subject to Executive Order Authority: 42 U.S.C. 7401 et seq. proposing it in advance. However, in 13045 (62 FR 19885, April 23, 1997); • the Proposed Rules section of this Is not a significant regulatory action Subpart F—California Federal Register,we are simultaneously subject to Executive Order 13211 (66 FR proposing approval of the same 28355, May 22, 2001); ■ 2. Section 52.220, is amended by • submitted rules. If we receive adverse Is not subject to requirements of adding and reserving paragraph (c)(403) comments by January 19, 2012, we will Section 12(d) of the National and by adding paragraph (c)(404) to read publish a timely withdrawal in the Technology Transfer and Advancement as follows: Federal Register to notify the public Act of 1995 (15 U.S.C. 272 note) because that the direct final approval will not application of those requirements would § 52.220 Identification of plan. take effect and we will address the be inconsistent with the Clean Air Act; * * * * * comments in a subsequent final action and (c) * * * based on the proposal. If we do not • Does not provide EPA with the receive timely adverse comments, the discretionary authority to address (404) New and amended regulations direct final approval will be effective disproportionate human health or for the following APCDs were submitted without further notice on February 21, environmental effects with practical, on September 27, 2011, by the 2012. This will incorporate the rule into appropriate, and legally permissible Governor’s Designee. the federally enforceable SIP. methods under Executive Order 12898 (i) Incorporation by Reference (59 FR 7629, February 16, 1994). Please note that if EPA receives (A) South Coast Air Quality adverse comment on an amendment, In addition, this rule does not have Management District paragraph, or section of this rule and if tribal implications as specified by that provision may be severed from the Executive Order 13175 (65 FR 67249, (1) Rule 2005, ‘‘New Source Review remainder of the rule, EPA may adopt November 9, 2000), because the SIP is for RECLAIM,’’ amended on June 3, as final those provisions of the rule that not approved to apply in Indian country 2011. are not the subject of an adverse located in the State, and EPA notes that [FR Doc. 2011–32475 Filed 12–19–11; 8:45 am] comment. it will not impose substantial direct BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Atmospheric Programs, Mail Code G. Executive Order 13045: Protection of AGENCY 6205J, Environmental Protection Children From Environmental Health Agency, 1200 Pennsylvania Ave. NW., and Safety Risks 40 CFR Part 82 H. Executive Order 13211: Actions That Washington, DC 20460; telephone Significantly Affect Energy Supply, [EPA–HQ–OAR–2009–0286; FRL–9507–7] number (202) 343–9163; fax number Distribution, or Use (202) 343–2338; email address: I. National Technology Transfer and RIN 2060–AP54 [email protected]. Notices Advancement Act and rulemakings under EPA’s J. Executive Order 12898: Federal Actions Protection of Stratospheric Ozone: Significant New Alternatives Policy To Address Environmental Justice in Listing of Substitutes for Ozone- (SNAP) program are available at Minority Populations and Low-Income Depleting Substances—Hydrocarbon Populations www.epa.gov/ozone/snap/regs. Refrigerants K. Congressional Review Act SUPPLEMENTARY INFORMATION: VIII. References AGENCY: Environmental Protection Table of Contents Agency (EPA). I. General Information ACTION: Final rule. I. General Information A. Background A. Background SUMMARY: Pursuant to the U.S. B. Does this action apply to me? This rule pertains to three Environmental Protection Agency C. Which acronyms and abbreviations are hydrocarbon refrigerants: Isobutane, (EPA)’s Significant New Alternatives used in the preamble? propane, and R–441A. Hydrocarbon II. How does the SNAP program work? refrigerants have been in use for over 15 Policy (SNAP) program, this action lists A. What are the statutory requirements and isobutane (R–600a) and R–441A as years in countries such as Germany, the authority for the SNAP program? United Kingdom, Australia, and Japan acceptable, subject to use conditions, as B. What are EPA’s regulations substitutes for chlorofluorocarbon implementing section 612? in the end-uses addressed by this final (CFC)–12 and hydrochlorofluorocarbon C. How do the regulations for the SNAP rule. In Europe and Asia, equipment (HCFC)–22 in household refrigerators, program work? manufacturers have designed and tested freezers, and combination refrigerators D. Where can I get additional information household and commercial refrigerators and freezers. This action also lists about the SNAP program? and freezers to account for flammability III. What did EPA propose, and what are we and safety concerns associated with propane (R–290) as acceptable, subject finalizing? to use conditions, as a substitute for hydrocarbon refrigerants. A. Proposed Rule The 2010 Report of the United CFC–12, HCFC–22, and R–502 in retail B. Final Rule Nations Environment Programme food refrigerators and freezers (stand- IV. What is the basis for EPA’s final action? (UNEP)’s Refrigeration, Air alone units only). A. Environmental Impacts B. Flammability Conditioning and Heat Pumps DATES: This final rule is effective on C. Asphyxiation Technical Options Committee (RTOC) February 21, 2012. The incorporation by D. Toxicity estimates that approximately 100 reference of certain publications listed V. What is EPA’s response to comments on million household refrigerators and in the rule is approved by the Director the May 2010 notice of proposed freezers are manufactured annually of the Federal Register as of February rulemaking? worldwide. One-third of these now use 21, 2012. A. EPA’s Acceptability Determination B. New Equipment Only; Not Intended for either isobutane or an isobutane/ ADDRESSES: EPA has established a propane blend, and this proportion is docket for this action under Docket ID Use as a Retrofit Alternative C. Compliance With UL Standards expected to increase to 75 percent by No. EPA–HQ–OAR–2009–0286. All D. Charge Size Limitation (Household 2020. In the retail sector, the RTOC documents in the docket are listed on Refrigeration) observes that hydrocarbon refrigerants the www.regulations.gov Web site. E. Charge Size Limitation (Retail Food continue to gain market share in Europe Although listed in the index, some Refrigeration) and Japan.1 information is not publicly available, F. Labeling Because hydrocarbon refrigerants i.e., confidential business information G. Color-Coded Hoses and Piping have zero ozone depletion potential H. Unique Fittings (CBI) or other information whose (ODP) and very low global warming disclosure is restricted by statute. I. Small Containers J. Use of Hydrocarbon Refrigerants in Other potential (GWP) compared to other Certain other material, such as End-Uses refrigerants, many companies are copyrighted material, is not posted on K. Training interested in using them in the United the Web site and will be made publicly L. Other Options Considered States (U.S.) as well. In this action, EPA available only in hard copy form. M. Other Comments on Proposed Rule addresses SNAP submissions for use of Publicly available docket materials VI. What other changes is EPA making in the three hydrocarbon refrigerants in two can be found either electronically in final rule? end-uses: (1) Household refrigerators, www.regulations.gov or in hard copy at A. Propane as Substitute for R–502 B. Wording of Use Conditions for Labeling freezers, and combination refrigerators the Air and Radiation Docket, EPA/DC, and freezers; and (2) retail food EPA West, Room 3334, 1301 C. ‘‘Further Information’’ Column in Listing Decisions refrigerators and freezers (stand-alone Constitution Ave. NW., Washington, VII. Statutory and Executive Order Reviews units only). DC. The Public Reading Room is open A. Executive Order 12866: Regulatory The submitter of R–441A—A.S. Trust from 8:30 a.m. to 4:30 p.m., Monday Planning and Review and Executive and Holdings—has provided through Friday, excluding legal Order 13563: Improving Regulation and documentation to EPA, available in the holidays. The telephone number for the Regulatory Review docket for this rulemaking, that it has Public Reading Room is (202) 566–1744, B. Paperwork Reduction Act withdrawn its submission for the blend C. Regulatory Flexibility Act and the telephone number for the Air originally submitted as ‘‘HCR–188C.’’ and Radiation Docket is (202) 566–1742. D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism Because the submission is no longer FOR FURTHER INFORMATION CONTACT: F. Executive Order 13175: Consultation pending before EPA, we are not Margaret Sheppard, Stratospheric and Coordination With Indian Tribal Protection Division, Office of Governments 1 RTOC, 2010, pp. 50, 51, 64.

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finalizing a SNAP listing for that blend. Isobutane’s Chemical Abstracts Service butane (36.1 percent by mass). This Any person wishing to introduce that (CAS) Registry Number is 75–28–5. As blend was originally submitted to EPA blend into interstate commerce would a refrigerant, isobutane is designated as under the trade name ‘‘HCR–188C1,’’ be required to submit a new SNAP R–600a by the American Society of and EPA used that nomenclature in the application under EPA regulations.2 Heating, Refrigerating and Air- proposed rule (75 FR 25799). In Conditioning Engineers (ASHRAE) February 2011, this blend received the 1. What are isobutane, propane, and Standard 34–2010 ‘‘Designation and designation R–441A under ASHRAE R–441A? Safety Classification of Refrigerants’’ Standard 34–2010.3 Throughout this Isobutane and propane are (ASHRAE, 2010). It is also referred to as final rule, we refer to that blend as hydrocarbons, and R–441A is a blend of HC–600a and iso-C4H10. R–441A. hydrocarbons. Hydrocarbons are Propane has three carbon atoms, the ASHRAE Standard 34–2010 flammable organic compounds made up chemical formula C3H8, and the CAS categorizes isobutane, propane, and R– of hydrogen and carbon. Number 74–98–6. As a refrigerant, 441A in the A3 safety group. ASHRAE’s Isobutane, also called 2- propane has ASHRAE designation R– safety group classification consists of methylpropane, has four carbon atoms, 290. It is also referred to as HC–290 and two alphanumeric characters (e.g., A2 or the chemical formula C4H10, and a CH3CH2CH3. B1). The capital letter indicates the branched structure. It is often written as R–441A is a blend of four toxicity, and the numeral denotes the CH(CH3)2-CH3 to distinguish it from hydrocarbons: Ethane (3.1 percent by flammability. butane, a straight-chain hydrocarbon mass), propane (54.8 percent by mass), Figure 1 illustrates these safety group with the same chemical formula. isobutane (6.0 percent by mass), and classifications.

ASHRAE classifies Class A flammability limit (LFL) of less than or condition that limits the refrigerant refrigerants as refrigerants for which equal to 0.10 kg/m3 or a heat of charge in this end-use to 57 grams (2.0 toxicity has not been identified at combustion greater than or equal to ounces) or less for each sealed concentrations less than 400 ppm by 19,000 kJ/kg. refrigeration system (i.e., compressor, volume, based on data used to 2. Which end-uses are covered in our condenser, evaporator, and refrigerant determine a workplace exposure limit final decision? piping). EPA is also requiring other use for long-term exposure, such as a conditions as described in Section III threshold limit value-time-weighted a. Household Refrigerators, Freezers, (‘‘What did EPA propose, and what are average (TLV–TWA) or consistent and Combination Refrigerators and we finalizing?’’) below. indices. Class B refrigerants show Freezers b. Retail Food Refrigerators and Freezers evidence of toxicity below 400 ppm on This end-use, which we refer to as (Stand-Alone Units Only) an 8-hour time-weighted average ‘‘household refrigeration’’ in this (TWA). preamble, consists of appliances that are This end-use, which we refer to as Refrigerants also receive one of three intended primarily for residential use, ‘‘retail food refrigeration’’ in this possible flammability classifications: 1 although they may be used outside the preamble, includes the refrigeration (no flame propagation), 2 (lower home. Household freezers offer storage systems, including cold storage cases, flammability), or 3 (higher space only at freezing temperatures. designed to chill food or keep it at a flammability). Class 3 refrigerants Products with both a refrigerator and cold temperature for commercial sale. exhibit flame propagation at 60 °C and freezer in a single unit are most This final rule addresses the use of 101.3 kPa, and have either a lower common. This final rule includes a use hydrocarbons in stand-alone units only.

2 The submitter has informed EPA that that it is submitted as ‘‘HCR–188C1’’) under the trade name 3 See Addendum g to Standard 34–2010. now marketing R–441A (the blend originally ‘‘HCR–188C.’’

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A stand-alone appliance is one using a stand-alone ice cream cabinets. Our Section III (‘‘What Did EPA Propose, hermetically-sealed compressor and for acceptability determination does not and What are we finalizing?’’) below. which all refrigerant-containing apply to large refrigeration systems such B. Does this action apply to me? components, including but not limited as walk-in coolers or the direct to at least one compressor, condenser, expansion refrigeration systems This final rule lists the use of three and evaporator, are assembled into a typically found in retail food stores. It alternative refrigerants in two end-uses: single piece of equipment before also does not apply to vending Household refrigerators, freezers, and delivery to the ultimate consumer or machines. combination refrigerators and freezers; user. Such equipment does not require and retail food refrigerators and freezers addition or removal of refrigerant when This final rule includes a use (stand-alone units only). Potentially placed into initial operation. Stand- condition that limits the refrigerant regulated entities that may use alone equipment is used to store chilled charge in this end-use to 150 grams (5.3 isobutane (R–600a) or R–441A in beverages or frozen products. Examples ounces) or less. EPA is also requiring household refrigeration or propane (R– include reach-in beverage coolers and other use conditions as described in 290) in retail food refrigeration include:

TABLE 1—POTENTIALLY REGULATED ENTITIES, BY NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE OR SUBSECTOR

NAICS code Category or subsector Description of regulated entities

Industry ...... 333415 Manufacturers of refrigerators, freezers, and other refrigerating or freezing equipment, electric or other; heat pumps not elsewhere specified or included (NESOI); and parts thereof. Industry ...... 443111 Appliance Stores: Household-type. Industry ...... 445120 Convenience Stores. Industry ...... 445110 Supermarkets and Other Grocery (except Convenience) Stores. Industry ...... 722211 Limited-Service Restaurants. Industry ...... 238220 Plumbing, Heating, and Air Conditioning Contractors. Industry ...... 811412 Appliance Repair and Maintenance. Industry ...... 423620 Electrical and Electronic Appliance, Television, and Radio Set Merchant Wholesalers. Industry ...... 423740 Refrigeration Equipment and Supplies Merchant Wholesalers.

This table is not intended to be IEC—International Electrotechnical II. How does the SNAP program work? exhaustive, but rather functions as a Commission A. What are the statutory requirements guide regarding entities that are likely to kg—kilogram and authority for the SNAP program? use the substitute whose use is LFL—lower flammability limit regulated by this action. If you have any NAICS—North American Industrial Section 612 of the Clean Air Act Classification System questions about whether this action (CAA) requires EPA to develop a NARA—National Archives and Records program for evaluating alternatives to applies to a particular entity, consult the Administration ozone-depleting substances (ODS). EPA person listed in the preceding section, NOAEL—no observable adverse effect level FOR FURTHER INFORMATION CONTACT. NPRM—notice of proposed rulemaking refers to this program as the Significant New Alternatives Policy (SNAP) C. Which acronyms and abbreviations NTTAA—National Technology Transfer and Advancement Act program. The major provisions of are used in the preamble? OEM—original equipment manufacturer section 612 are: Below is a list of acronyms and ODP—ozone depletion potential ODS—ozone-depleting substance 1. Rulemaking abbreviations used in the preamble of OMB—United States Office of Management Section 612(c) requires EPA to this rule. and Budget promulgate rules making it unlawful to AEGL—Acute Exposure Guideline Level OSHA—United States Occupational Safety replace any class I substance (i.e., ASHRAE—American Society of Heating, and Health Administration ® chlorofluorocarbon, halon, carbon Refrigerating and Air-Conditioning PMS—Pantone Matching System tetrachloride, methyl chloroform, Engineers ppm—parts per million methyl bromide, and RFA—Regulatory Flexibility Act ANSI—American National Standards hydrobromofluorocarbon) or class II Institute RfC—reference concentration CAA—Clean Air Act RTOC—Refrigeration, Air Conditioning and substance (i.e., CAS—Chemical Abstracts Service Heat Pumps Technical Options Committee hydrochlorofluorocarbon) with any CBI—confidential business information SNAP—Significant New Alternatives Policy substitute that the Administrator CFC—chlorofluorocarbon TEAP—Technology and Economic determines may present adverse effects CFR—Code of Federal Regulations Assessment Panel to human health or the environment CO2—carbon dioxide TLV—Threshold Limit Value where the Administrator has identified EPA—United States Environmental TSCA—Toxic Substances Control Act an alternative that (1) reduces the ¨ Protection Agency TUV—Technischer Uberwachungs-Verein overall risk to human health and the FR—Federal Register (German Technical Inspection Agency) environment, and (2) is currently or TWA—time-weighted average FTA—Fault-Tree Analysis potentially available. GHG—greenhouse gas UL—Underwriters Laboratories Inc. GWP—global warming potential UMRA—Unfunded Mandates Reform Act 2. Listing of unacceptable/acceptable HC—hydrocarbon UNEP—United Nations Environment substitutes HCFC—hydrochlorofluorocarbon Programme HFC—hydrofluorocarbon VOC—volatile organic compound Section 612(c) requires EPA to ICF—ICF International, Inc. WGL—workplace guidance level publish a list of the substitutes ICR—information collection request WMO—World Meteorological Organization unacceptable for specific uses and to

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publish a corresponding list of adhesives, coatings and inks; and met to minimize risks to human health acceptable alternatives for specific uses. tobacco expansion—are the principal and the environment. EPA describes The list of acceptable substitutes is industrial sectors that historically such substitutes as ‘‘acceptable subject found at http://www.epa.gov/ozone/ consumed the largest volumes of ODS. to use conditions.’’ Entities that use snap/lists/index.html, and the lists of Section 612 of the CAA requires EPA these substitutes without meeting the substitutes that are ‘‘unacceptable,’’ to ensure that substitutes found associated use conditions are in ‘‘acceptable subject to use conditions,’’ acceptable do not present a significantly violation of EPA’s SNAP regulations. and ‘‘acceptable subject to narrowed use greater risk to human health and the For some substitutes, the Agency may limits’’ are in subpart G of 40 CFR part environment than other substitutes that permit a narrowed range of use within 82. are currently or potentially available. an end-use or sector. For example, the Agency may limit the use of a substitute 3. Petition Process C. How do the regulations for the SNAP to certain end-uses or specific program work? Section 612(d) grants the right to any applications within an industry sector. person to petition EPA to add a Under the SNAP regulations, anyone EPA describes these substitutes as substance to, or delete a substance from, who plans to market or produce a ‘‘acceptable subject to narrowed use the lists published in accordance with substitute to replace a class I substance limits.’’ The Agency requires the user of section 612(c). The Agency has 90 days or class II substance in one of the eight a narrowed-use substitute to to grant or deny a petition. Where the major industrial use sectors must demonstrate that no other acceptable Agency grants the petition, EPA must provide notice to the Agency, including substitutes are available for the specific publish the revised lists within an health and safety information on the application by conducting additional six months. substitute, at least 90 days before comprehensive studies. A person using introducing it into interstate commerce a substitute that is acceptable subject to 4. 90-Day Notification for significant new use as an alternative. narrowed use limits in applications and Section 612(e) directs EPA to require This requirement applies to the persons end-uses that are not consistent with the any person who produces a chemical planning to introduce the substitute into narrowed use limit is using the substitute for a class I substance to interstate commerce,4 which typically substitute in an unacceptable manner notify the Agency not less than 90 days are chemical manufacturers but may and is in violation of section 612 of the before new or existing chemicals are include importers, formulators, CAA and EPA’s SNAP regulations. introduced into interstate commerce for equipment manufacturers, and end- The Agency publishes its SNAP significant new uses as substitutes for a users.5 The regulations identify certain program decisions in the Federal class I substance. The producer must narrow exemptions from the notification Register (FR). EPA publishes decisions also provide the Agency with the requirement, such as research and concerning substitutes that are deemed producer’s unpublished health and development and test marketing (40 acceptable subject to use restrictions safety studies on such substitutes. CFR 82.176(b)(4) and (5), respectively). (use conditions and/or narrowed use The Agency has identified four limits), or substitutes deemed 5. Outreach possible decision categories for unacceptable, as proposed rulemakings Section 612(b)(1) states that the substitutes that are submitted for to provide the public with an Administrator shall seek to maximize evaluation: Acceptable; acceptable opportunity to comment, before the use of federal research facilities and subject to use conditions; acceptable publishing final decisions. resources to assist users of class I and subject to narrowed use limits; and In contrast, EPA publishes decisions II substances in identifying and unacceptable (40 CFR 82.180(b)). Use concerning substitutes that are deemed developing alternatives to the use of conditions and narrowed use limits are acceptable with no restrictions in such substances in key commercial both considered ‘‘use restrictions’’ and ‘‘notices of acceptability,’’ rather than as applications. are explained in the paragraphs below. proposed and final rules. As described in the March 18, 1994, rule initially 6. Clearinghouse Substitutes that are deemed acceptable with no use restrictions (no use implementing the SNAP program, EPA Section 612(b)(4) requires the Agency conditions or narrowed use limits) can does not believe that rulemaking to set up a public clearinghouse of be used for all applications within the procedures are necessary to list alternative chemicals, product relevant end-uses in the sector. alternatives that are acceptable without substitutes, and alternative After reviewing a substitute, the restrictions because such listings neither manufacturing processes that are Agency may determine that a substitute impose any sanction nor prevent anyone available for products and is acceptable only if certain conditions from using a substitute. manufacturing processes which use in the way that the substitute is used are Many SNAP listings include class I and II substances. ‘‘Comments’’ or ‘‘Further Information’’ to provide additional information on B. What are EPA’s regulations 4 As defined at 40 CFR 82.104, ‘‘interstate commerce’’ means the distribution or transportation substitutes. Since this additional implementing section 612? of any product between one state, territory, information is not part of the regulatory On March 18, 1994, EPA published possession or the District of Columbia, and another decision, these statements are not state, territory, possession or the District of the original rulemaking (59 FR 13044) Columbia, or the sale, use or manufacture of any binding for use of the substitute under which established the process for product in more than one state, territory, possession the SNAP program. However, regulatory administering the SNAP program and or District of Columbia. The entry points for which requirements so listed are binding under issued EPA’s first lists identifying a product is introduced into interstate commerce other regulatory programs (e.g., worker are the release of a product from the facility in acceptable and unacceptable substitutes which the product was manufactured, the entry into protection regulations promulgated by in the major industrial use sectors a warehouse from which the domestic manufacturer the U.S. Occupational Safety and Health (subpart G of 40 CFR part 82). These releases the product for sale or distribution, and at Administration (OSHA)). The ‘‘Further sectors—refrigeration and air the site of United States Customs clearance. Information’’ classification does not 5 As defined at 40 CFR 82.172, ‘‘end-use’’ means conditioning; foam blowing; cleaning processes or classes of specific applications within necessarily include all other legal solvents; fire suppression and explosion major industrial sectors where a substitute is used obligations pertaining to the use of the protection; sterilants; aerosols; to replace an ODS. substitute. While the items listed are not

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legally binding under the SNAP (1) These refrigerants may be used (5) The refrigerator or freezer must program, EPA encourages users of only in new equipment designed have red, Pantone® Matching System substitutes to apply all statements in the specifically and clearly identified for (PMS) #185 marked pipes, hoses, or ‘‘Further Information’’ column in their the refrigerant (i.e., none of these other devices through which the use of these substitutes. In many substitutes may be used as a conversion refrigerant passes, typically known as instances, the information simply refers or ‘‘retrofit’’ refrigerant for existing the service port, to indicate the use of to sound operating practices that have equipment). a flammable refrigerant. This color must already been identified in existing (2) These refrigerants may be used be applied at all service ports and parts industry and/or building codes or only in refrigerators or freezers that of the unit where service puncturing or standards. Thus many of the statements, meet all requirements listed in the 10th otherwise creating an opening from the if adopted, would not require the edition of Underwriters Laboratories refrigerant circuit to the atmosphere affected user to make significant (UL) Standard UL 250 (household might be expected, and must extend a changes in existing operating practices. refrigeration end-use) or the 9th edition minimum of 1 inch in both directions (sic) of Standard UL 471 (retail food from such locations. D. Where can I get additional refrigeration end-use). information about the SNAP program? (6) The refrigerator or freezer must (3) The quantity of the substitute have service aperture fittings that differ For copies of the comprehensive refrigerant (i.e., ‘‘charge size’’) in a from fittings used in equipment or SNAP lists of substitutes or additional refrigerator or freezer shall not exceed containers using non-flammable information on SNAP, refer to EPA’s 57 grams (2.0 ounces) in the household refrigerant. ‘‘Differ’’ means that either Ozone Layer Protection Web site at: refrigeration end-use or 150 grams (5.3 the diameter must differ by at least www.epa.gov/ozone/snap/index.html. ounces) in the retail food refrigeration 1/16 inch or the thread direction must For more information on the Agency’s end-use. be reversed. The unique fittings must be process for administering the SNAP (4) Similar to clauses SA6.1.1 to permanently affixed to the unit and may program or criteria for evaluation of SA6.1.2 of UL 250 and SB6.1.2 to not be accessed with an adaptor until substitutes, refer to the March 18, 1994, SB6.1.5 of UL 471, the following the end-of-life of the unit. SNAP final rulemaking (59 FR 13044), markings, or the equivalent, shall be (7) These refrigerants may not be sold codified at 40 CFR part 82, subpart G. provided and shall be permanent: for use as a refrigerant in containers A complete chronology of SNAP (a) ‘‘DANGER—Risk of Fire or designed to contain less than 5 pounds decisions and the appropriate citations Explosion. Flammable Refrigerant Used. (2.3 kg) 9 of refrigerant. is found at: http://www.epa.gov/ozone/ Do Not Use Mechanical Devices To The proposed rule also included snap/chron.html. Defrost Refrigerator. Do Not Puncture several recommendations classified as Refrigerant Tubing.’’ ‘‘Further Information.’’ These addressed III. What did EPA propose, and what (b) ‘‘DANGER—Risk of Fire or are we finalizing? personal protective equipment, Explosion. Flammable Refrigerant Used. proximity to a Class B dry powder-type A. Proposed Rule To Be Repaired Only By Trained Service fire extinguisher, proper ventilation, use Personnel. Do Not Use Mechanical On May 10, 2010, EPA published a of spark-proof tools, recovery Devices. Do Not Puncture Refrigerant notice of proposed rulemaking (75 FR equipment, training, refrigerant storage, Tubing.’’ and evacuation. 25799) to list isobutane (R–600a) and (c) ‘‘CAUTION—Risk of Fire or the hydrocarbon blends HCR–188C and Finally, in the proposed rule, EPA Explosion. Flammable Refrigerant Used. sought information and comment on HCR–188C1 as ‘‘acceptable, subject to Consult Repair Manual/Owner’s Guide use conditions,’’ as substitutes for several other issues: Before Attempting To Service This • The availability of industry-wide chlorofluorocarbon (CFC)–12 and Product. All Safety Precautions Must be hydrochlorofluorocarbon (HCFC)–22 6 training on flammable refrigerants for Followed.’’ refrigerant technicians; in household refrigerators, freezers, and (d) ‘‘CAUTION—Risk of Fire or 7 • Whether EPA should limit the use combination refrigerators and freezers. Explosion. Dispose of Properly In (This preamble refers to HCR–188C1 as of hydrocarbon refrigerants only for use Accordance With Federal Or Local in the original equipment R–441A.) Regulations. Flammable Refrigerant EPA also proposed to list propane manufacturers’ (OEMs’) specific Used.’’ appliances, as described in the (R–290) as ‘‘acceptable, subject to use (e) ‘‘CAUTION—Risk of Fire or application; conditions,’’ as a substitute for CFC–12, Explosion Due To Puncture Of 8 • Whether the use conditions should HCFC–22, and R–502 in retail food Refrigerant Tubing; Follow Handling require ‘‘spark-proof’’ circuits in the refrigerators and freezers (stand-alone Instructions Carefully. Flammable design of equipment using hydrocarbon units only). Refrigerant Used.’’ refrigerants; For each substitute, EPA proposed the The marking described in clause (a) • The availability in the U.S. of following use conditions: above shall be permanently attached on recovery units that are designed or near any evaporators that can be 6 specifically for hydrocarbons; CFC–12 is also referred to as R–12, CCl2F2 and contacted by the consumer. The dichlorodifluoromethane. HCFC–22 is also referred • Whether EPA should, in a future markings described in clauses (b) and to as R–22, CHClF2, chlorodifluoromethane, and rulemaking, consider an exemption for difluorochloromethane. (c) above shall be located near the hydrocarbon refrigerants from the 7 HCR–188C and HCR–188C1 submissions machine compartment. The marking venting prohibition under section 608 of included window air conditioners as an end-use. described in clause (d) above shall be EPA is acting on this end-use in a separate the Clean Air Act; permanently attached on the exterior of rulemaking. As discussed previously, ‘‘HCR–188C’’ • Whether EPA should require only the refrigerator. The marking described is the name of a blend that has been withdrawn one condition for each refrigerant: to from review for the household food refrigeration in clause (e) above shall be permanently meet the UL 250 or 471 standards; and end-use. attached near any and all exposed 8 R–502 is a blend of CFC–115 (51.2% by weight) and HCFC–22 (48.8%). CFC–115 is also referred to refrigerant tubing. All of these markings 9 The proposed rule inadvertently represented 5 as R–115, C2ClF5, chloropentafluoroethane, and shall be in letters no less than 6.4 mm pounds as 2.8 kilograms instead of 2.3 kg, which pentafluorochloroethane. (1/4 inch) high. is accurate.

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• Whether EPA should find refrigerants. See Section V.C ‘‘Further Information’’ column a cross- hydrocarbon refrigerants unacceptable (‘‘Compliance with UL Standards’’). reference to relevant OSHA regulations. until an industry-wide standard exists (3) EPA is finalizing the proposed for servicing refrigerators and freezers requirement for 57-gram and 150-gram IV. What is the basis for EPA’s final using hydrocarbon refrigerants. charge size limitations for the action? household refrigeration and retail food To determine whether these three B. Final Rule refrigeration end-uses, respectively. We substitutes present risks that are lower are also clarifying that the charge size After considering the comments than or comparable to risks from other limitations apply to each refrigerant received on the proposed rule, EPA is substitutes that are currently or circuit in a refrigerator or freezer, not finalizing a listing for hydrocarbon potentially available in the end-uses necessarily the entire appliance. See refrigerants in the household under consideration, we examined the refrigeration and retail food refrigeration Sections V.D (‘‘Charge Size Limitation (Household Refrigeration)’’) and V.E criteria in 40 CFR 82.180(a)(7), focusing end-uses. in particular on the following areas of EPA is taking action on the specific (‘‘Charge Size Limitation (Retail Food Refrigeration)’’). concern: Impacts on stratospheric ozone refrigerant/end-use combinations and climate; volatile organic compound described in the proposed rule. We are: (4) EPA is finalizing the marking (labeling) requirements as proposed, as (VOC) emissions; flammability; (1) Finding isobutane acceptable, asphyxiation risks for consumers and subject to use conditions, in the discussed in Section V.F (‘‘Labeling’’), with two minor exceptions discussed in end-users; and toxicity risks to workers, household refrigeration end-use; (2) consumers, and the general population. finding propane acceptable, subject to Section VI (‘‘What Other Changes Is use conditions, in the retail food EPA Making in the Final Rule?’’). First, In support of the proposed rule, in refrigeration end-use; and (3) finding R– we are correcting the wording of the 2009, EPA performed a risk screen 441A (submitted as ‘‘HCR–188C1,’’ as label located at the machine analysis for each of the substitutes for discussed in Section I.A.1 above) compartment; second, we are clarifying the end-use proposed for listing: acceptable, subject to use conditions, in the language of the requirement to more Isobutane in household refrigeration the household refrigeration end-use. As clearly link each label with its wording (ICF, 2009a), propane in retail food discussed above, the submitter has and location. refrigeration (ICF, 2009b), HCR–188C in (5) EPA is finalizing the proposed withdrawn its application for the blend household refrigeration (ICF, 2009c), requirement that the refrigerator or submitted as ‘‘HCR–188C,’’ and because and HCR–188C1 (R–441A) in household freezer have red PMS #185-marked that submission is no longer pending refrigeration (ICF, 2009d). In developing pipes, hoses, or other devices through before the Agency, EPA is not finalizing this final rule, EPA reviewed these risk which the refrigerant passes. We are a SNAP listing for that blend. The screens and made minor changes for narrowing the applicability of this greater consistency and clarity, but submitter has informed EPA that it is requirement by clarifying that the color now marketing R–441A (the blend made no substantive changes to the must be present at all locations through assumptions or to the quantitative risk originally submitted as ‘‘HCR–188C1’’) which the refrigerant is serviced, and under the trade name ‘‘HCR–188C.’’ calculations. (EPA did not revise the where service puncturing or otherwise risk screen for HCR–188C, since the For each of the listing decisions creating an opening from the refrigerant finalized in this action, we are manufacturer withdrew the application circuit to the atmosphere might be for that refrigerant, and EPA is not establishing the following use expected (e.g., process tubes), instead of conditions after considering comments finalizing an acceptability all locations where the refrigerant determination for the refrigerant.) The on the proposed rule: passes. In addition, we are clarifying (1) EPA is finalizing the proposed 2009 risk screens and the 2011 revisions that the red coloring must be in place at (ICF, 2011a; ICF, 2011b; ICF, 2011c) are requirement that these refrigerants be all times and must be replaced if used only in new equipment designed included in the docket for this removed. See Section V.G (‘‘Color- rulemaking. specifically and clearly identified for Coded Hoses and Piping’’). the refrigerant (i.e., none of these (6) Based on the comments received, Based on the information provided in substitutes may be used as a conversion EPA is not finalizing the proposed the risk screens, EPA has concluded that or ‘‘retrofit’’ refrigerant for existing requirement for unique fittings at the overall environmental risk posed by equipment that is designed for other service apertures. Instead we are each of the three substitutes is lower refrigerants). See Section V.B of this providing this as a recommendation in than or comparable to the preamble (‘‘New Equipment Only; Not the ‘‘Further Information’’ column of environmental risks posed by other Intended for Use as a Retrofit Appendix R. See Section V.H (‘‘Unique substitutes in the reviewed end-uses. Alternative’’). Fittings’’). With respect to public health risks, EPA (2) EPA is finalizing the proposed (7) Based on the comments received, has concluded that without mitigation, requirement that these refrigerants be EPA is not finalizing the proposed the risks posed by these refrigerants used only in refrigerators or freezers that requirement prohibiting the sale of would be higher than other non- meet all requirements listed in hydrocarbon refrigerants in containers flammable refrigerants because Supplement SA to UL 250 (household designed to contain less than 5 pounds individuals may not be aware that their refrigeration end-use) or Supplement SB (2.3 kg) of refrigerant. See Section V.I actions could potentially cause a fire, to UL 471 (retail food refrigeration end- (‘‘Small Containers’’). and existing equipment has not been use). We clarify that the intent of this EPA is also making two other changes designed specifically to minimize use condition is to require compliance to the wording of the use conditions and flammability risks. Therefore, EPA is with the provisions specifically for use ‘‘Further Information’’ provisions in finalizing use conditions to ensure that with flammable refrigerants found in Appendix R. First, we are clarifying that the overall risks to human health and those supplements, rather than R–502 is one of the refrigerants for the environment posed by these requiring compliance with other which propane is listed as a substitute substitutes are lower than or comparable material in UL 250 and UL 471 that is in the retail food refrigeration end-use. to the overall risk posed by other not specific to use with flammable Second, we are including in the substitutes in the same end-use.

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A. Environmental Impacts appliances in which they are used, VOC emissions in the U.S. would be 12 EPA has concluded that, overall, the because the indirect climate impacts negligible. Therefore, the use of these environmental risk posed by each of the associated with electricity consumption hydrocarbons in the household three reviewed substitutes is lower than typically exceed those from the refrigeration and retail food refrigeration or comparable to the environmental risk refrigerants themselves over the full life end-uses is sufficiently small that a posed by other substitutes in the cycle of refrigerant-containing products switch from an ODS or from an HFC reviewed end-uses. All three substitutes (ORNL, 1997). A hydrocarbon appliance refrigerant would not have a noticeable have zero ozone depletion potential that is more energy-efficient than the appliance it replaces would result in impact on local air quality. International (ODP) and very low global warming experts came to a similar conclusion in potential (GWP) compared to other GHG emission reductions beyond those attributable to the substitute refrigerant Safeguarding the Ozone Layer and the refrigerants. Although the substitutes Global Climate System: Special Report are VOCs, the emissions from the alone. Conversely, the GHG benefits of a substitute refrigerant in a replacement of the Intergovernmental Panel on specific uses being found acceptable Climate Change (IPCC/TEAP, 2005). subject to use conditions would not hydrocarbon appliance would be offset if that appliance had lower energy Similarly, EPA expects that additional significantly affect local air quality. releases of hydrocarbons into the Thus the environmental risks associated efficiency than the appliance it replaces. EPA was unable to find any detailed environment from use as refrigerant will with ODP, GWP, and VOC effects for have an insignificant impact on each reviewed substitute are lower than life-cycle analysis addressing GHG emissions associated with substituting ecosystem risks. Because hydrocarbons or comparable to other acceptable are volatile and break down quickly in substitutes. These risks are discussed traditional ODS refrigerants with hydrocarbons. Information in the the atmosphere into naturally-occurring below. compounds such as carbon dioxide, A chemical’s ODP is the ratio of its submissions indicates that energy efficiency of these refrigerants is likely EPA would not expect there to be any impact on stratospheric ozone compared significant amount of deposition that to the impact of an identical mass of to be comparable to or higher than that of ODS refrigerants and of HFC might adversely affect aquatic or CFC–11.10 The ODP of CFC–11 is terrestrial ecosystems. defined as 1.0. Other CFCs and HCFCs refrigerants sometimes used (e.g., HFC– have ODPs ranging from 0.01 to 1.0 134a) (Ben & Jerry’s, 2008; A.S. Trust & B. Flammability (WMO, 2011). The ODP of HCFC–22 is Holdings, 2007, 2009; GE, 2008). In the Because they are flammable, 0.055, and the ODP of R–502 is 0.334. 2010 Assessment Report of the isobutane, propane, and R–441A could The three substitutes discussed in this Technology and Economic Assessment pose a significant safety hazard for rule have an ODP of zero, as do other Panel, UNEP’s Technology and workers and consumers if handled common substitutes in the same end- Economic Assessment Panel (TEAP) incorrectly. Isobutane, propane, and R– uses, such as HFC–134a, R–404A, and discusses the energy efficiency of 441A have lower flammability limits R–410A. hydrocarbons compared to that of HFC– (LFLs) 13 of 18,000 ppm, 21,000 ppm, The GWP of a greenhouse gas (GHG) 134a: and 16,000 ppm, respectively. The ODS quantifies its potential integrated When GWP of HFC–134a is considered for which these refrigerants are climate forcing relative to carbon prohibitive in relation to HFC emissions substitutes—CFC–12, HCFC–22, and R– (country regulation or company policy), dioxide (CO2) over a specified time 502—and other substitutes available in horizon. The 100-year integrated GWPs hydrocarbon refrigerants (isobutane and this end-use are not flammable. When propane, i.e. HC–600a and HC–290) or CO2 the concentration of a flammable of isobutane, propane, and R–441A are (R–744) are the current alternative solutions, estimated to be 8 (GE, 2008), 3 (Ben and presenting in most of the cases the same refrigerant reaches or exceeds its LFL in Jerry’s, 2008), and less than 5 (A.S. technical reliability and energy performance the presence of an ignition source (e.g., Trust & Holdings, 2009),11 respectively, as HFC–134a. [p. 60] a static electricity spark resulting from relative to a value of 1.0 for CO2. These closing a door, use of a torch during are significantly lower than the 100-year Hydrocarbons are regulated as VOCs servicing, or a short circuit in wiring integrated GWPs of the substances that under sections of the CAA that address that controls the motor of a compressor), they would be replacing: CFC–12 (GWP development of State Implementation an explosion or fire could occur. = 10,890); HCFC–22 (GWP = 1,810); and Plans to attain and maintain National Flammability risks are of particular R–502 (GWP = 4,660) (WMO, 2011) and Ambient Air Quality Standards for concern because household refrigeration are significantly lower than those of ground-level ozone, which is a appliances and retail food refrigeration other acceptable refrigerants in these respiratory irritant (see 40 CFR appliances in the United States end-uses (e.g., GWPs of HFC–134a, R– 51.100(s)). EPA’s 1994 risk screen traditionally have used refrigerants that 404A, and R–410A are approximately document (EPA, 1994) describes the are not flammable. Without mitigation, 1,430, 3,920, and 2,090, respectively). potential emissions of VOCs from all the risks posed by flammable The overall climate impacts from the substitutes for all end-uses in the refrigerants would be higher than those use of these refrigerants are also refrigeration and air-conditioning sector posed by non-flammable refrigerants dependent upon the energy use by the as likely to be insignificant relative to because individuals may not be aware VOCs from all other sources (i.e., other that their actions could cause a fire, and 10 CFC–11, CAS registry No. 75–69–4, is also industries, mobile sources, and biogenic 12 referred to as R–11, CCl3F and sources). Analysis performed for this As a percent of annual VOC emissions in the trichlorofluoromethane. rulemaking indicates that in the U.S., this represents approximately 5 × 10¥6 11 The submission for HCR–188C1, now known as extremely unlikely event that all percent (for isobutane in the household food R–441A, reported that the GWP of the substitute is refrigeration end-use) (ICF, 2009a and ICF, 2011a), ¥ ‘‘negligible or essentially zero.’’ Because the main appliances manufactured by each 5 × 10 6 percent (for propane in the retail food components of R–441A are the same as the main submitter in these two end-uses were to refrigeration end-use) (ICF, 2009b and ICF, 2011b), ¥ components of the HCR–188C formulation leak their entire charge over the course and 3 × 10 7 percent (for R–441A in the household originally submitted, the GWP of R–441A is of a year, the resulting increase in food refrigeration end-use) (ICF, 2009d and ICF, expected to be similar to that reported for the 2011c). original formulation by A.S. Trust & Holdings, Inc. annual VOC emissions from each 13 LFL is the minimum concentration in air at (2007). substitute as a percent of all annual which flame propagation occurs.

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existing appliances have not been consider likely mitigating exposure TWAs were well below the industry and designed specifically to minimize conditions such as open doors or government exposure limits. flammability risks. windows, fans, conditioned airflow, or To assess consumer and end-user Therefore, in order for these infiltration between a door and its door exposure for the household refrigeration substitutes to be used safely, it is frame. EPA calculated the maximum end-use, EPA modeled 15- and 30- important to minimize the presence of charge of each refrigerant that would minute TWAs for catastrophic potential ignition sources and to reduce result in a reduction of oxygen levels to refrigerant release in a consumer the likelihood that the levels of these 12 percent in air, which is the no kitchen under a reasonable worst-case refrigerants will reach their LFLs. observable adverse effect level (NOAEL) scenario. Even under the very Production facilities, and other facilities for hypoxia (ICF, 1997). Specifically, conservative modeling assumptions where large quantities of the refrigerant under the worst-case conditions used, EPA found that exposures to any are stored, should have proper safety evaluated, the charge sizes necessary to of the three hydrocarbons would not precautions in place to minimize the reduce the oxygen level in air to the 12- pose a toxicity threat to end-users in the risk of explosion. EPA recommends that percent NOAEL in the household household refrigeration end-use because these facilities be equipped with proper refrigeration end-use would be 625 the TWAs were significantly lower than ventilation systems to minimize the grams and 535 grams (for isobutane and the NOAEL and/or acute exposure risks of explosion and be designed to R–441A, respectively), which is much guideline level (AEGL). reduce risks from possible ignition larger than the 57-gram charge size To assess consumer and end-user sources. limitation required in the use conditions exposure for the retail food refrigeration To determine whether the three in this rule (ICF, 2011a and 2011c). end-use, EPA estimated 15- and 30- hydrocarbon refrigerants would present Likewise, the charge size necessary to minute TWAs as acute/short-term flammability concerns for service and achieve the NOAEL in the retail food consumer exposures resulting from manufacture personnel or for refrigeration end-use would be 904 catastrophic leakage of refrigerant from consumers, EPA reviewed the grams for propane, which is six times retail food refrigerators and compared submitters’ detailed assessments of the greater than the 150-gram charge size the TWAs to standard toxicity limits. probability of events that might create a limitations in this rule (ICF, 2011b). EPA concluded that none of the three fire, as well as engineering approaches This risk is lower than or comparable to hydrocarbons posed a toxicity threat to to avoid sparking from the refrigeration that of other available substitutes in consumers in the retail end-use because equipment. EPA also conducted risk these end-uses. the TWAs were significantly lower than screens, available in the docket for this the NOAEL and/or AEGL. rulemaking, evaluating reasonable D. Toxicity Finally, EPA assessed the exposure worst-case scenarios to model the effects EPA evaluated the toxicity impacts of risk to the general population for the of the sudden release of the refrigerants. the three refrigerants to workers and three hydrocarbons in their respective The worst-case scenario analysis for consumers for the household end-uses. To do so, EPA estimated each of the three hydrocarbons revealed refrigeration and retail food refrigeration factory and on-site releases of each that even if the unit’s full charge were end-uses. The Agency estimated the hydrocarbon and compared them to emitted within one minute, the maximum time-weighted average each hydrocarbon’s reference concentration would not reach the LFL (TWA) 14 exposures for the concentration (RfC).15 In all cases, the for that hydrocarbon. hydrocarbons under different exposure modeled exposure concentrations were However, since hydrocarbon scenarios and compared them to significantly lower than the RfC, leading refrigerants are flammable, and relevant industry and government EPA to conclude that isobutane, manufacture personnel, service exposure limits for each of the three propane, and R–441A are unlikely to personnel, and consumers in the U.S. hydrocarbons (including potential pose a toxicity risk to the general may not be widely familiar with impurities in the substitutes). The risk population. These toxicity risks are refrigeration appliances containing screens, provided in the docket, lower than or comparable to those posed flammable refrigerants, use conditions describe the toxicity impact assessments by the other acceptable substitutes in are necessary to create awareness of the in more detail (ICF, 2009a; ICF, 2009b; these end-uses. presence of a flammable refrigerant and ICF, 2009d; ICF, 2011a, ICF, 2011b, ICF, ensure safe handling. For this reason, V. What is EPA’s response to comments 2011c). this final rule includes use conditions in on the May 2010 notice of proposed To assess occupational exposure for order to ensure that these substitutes rulemaking? the household refrigeration and retail present aggregate risks that are lower food refrigeration end-uses, EPA In this section, EPA responds to than or comparable to those of other estimated the number of refrigerant comments on the May 10, 2010, notice substitutes that are currently or releases during appliance manufacture of proposed rulemaking (NPRM). potentially available. This final rule also and disposal and the refrigerant lists recommendations such as proper A. EPA’s Acceptability Determination amounts released per event. For each ventilation and storage practices, and refrigerant, EPA used those estimates to Comment: Ninety-nine commenters use of appropriate tools and recovery calculate the maximum 8-hour TWA expressed unconditional support for equipment, to mitigate safety risks for exposure, which we then compared to EPA’s proposal to find isobutane and manufacture and servicing personnel. the corresponding workplace guidance R–441A acceptable (subject to use C. Asphyxiation level (WGL). EPA found that conditions) in the household refrigeration end-use and to find In evaluating potential human health occupational exposures to these propane acceptable (subject to use impacts of isobutane, propane, and R– hydrocarbons should not pose a toxicity conditions) in the retail food 441A, EPA considered the risk of threat in either end-use because the refrigeration end-use. asphyxiation to workers (store 14 Time-weighted average (TWA) = The average employees and technicians) and concentration of a specific substance in air over a 15 The RfC is a concentration designed to protect consumers. The Agency evaluated a specified time period—e.g., during the course of an the general population against adverse systemic worst-case scenario that did not 8-hour work day. (i.e., non-cancer) health effects.

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Response: We appreciate the support commenters observed that they have that, occurring simultaneously, could for our proposed action, and we are created their own equipment to meet potentially lead to an ignition event: (1) taking final action consistent with that this need in their own business An internal isobutane refrigerant leak proposal. practices. and (2) the occurrence of an energy Comment: One commenter observed Comment: Another commenter source with sufficient energy to cause that although hydrocarbon refrigerants provided detailed comments on EPA’s ignition. The commenter’s FTA provide some environmental benefit by risk screen for the use of isobutane in identified and calculated probabilities reducing GHG emissions, they pose the household refrigeration end-use and for the different ways in which each of flammability risks that more than offset limited comments on EPA’s risk screen these events could happen. that benefit. The commenter stated that for the use of propane in the retail food To calculate the probability of an the global warming impacts of HFC refrigeration end-use. The commenter internal leak event, the commenter refrigerants are currently small due to stated that EPA has underestimated the made assumptions regarding: The their low emissions (except in the case safety risks associated with the use of number of refrigerator repairs due to of catastrophic leaks), and practices are hydrocarbon refrigerants. The comments joint leakage and evaporator corrosion in place to recover refrigerant and covered the following: that might be related to a leak; the destroy foam at an appliance’s end-of- 1. A fault-tree analysis calculating the number of refrigerator repairs annually life. The commenter also observed that probability of failures that would lead to (based on the estimated amount of HFC– hydrocarbon refrigerants could enter the ignition of the refrigerant; 134a currently sold for use in servicing); refrigerant recovery/recycle chain 2. The results of an external leak test and a multiplier accounting for the during servicing or at the end-of-life, in a mockup kitchen to illustrate the number of leaking refrigerators that necessitating costly upgrades to recycle/ consequences of an external leak; would be thrown away instead of recovery equipment in order to mitigate 3. The results of an internal leak test repaired. Based on these assumptions, potential flammability risks. and a deflagration/explosion test to the commenter estimated that isobutane Response: EPA reviews substitutes illustrate the consequences of an refrigerators would experience according to regulatory criteria provided internal leak; approximately 260,000 internal leak at 40 CFR 82.180(a)(7) and described 4. An observation about a failures per year in the U.S. at full above. EPA has evaluated the manufacturer’s major recall of certain market penetration (which the hydrocarbon refrigerants against these models of isobutane refrigerators in commenter estimated at approximately criteria and has concluded that they 2009 as a result of safety incidents in 150 million refrigerators). present overall environmental and Asia and Europe; and To calculate the probability of an human health risks that are lower than 5. A statement of similar concerns energy source with sufficient energy to or comparable to other acceptable about the use of propane in small cause ignition, the commenter’s FTA substitutes in the household commercial refrigeration systems. estimated the probability of sparks from refrigeration and retail food refrigeration This section of the preamble internal switches and controls, the end-uses. EPA agrees that flammability summarizes these comments and EPA’s defrost heater, and static electricity, risks could be a concern for these response. asserting that any of these sparks would refrigerants in these end-uses. But, for Comment 1: Fault tree analysis. have sufficient energy to ignite a leak. the two end-uses at issue in this rule, Comment: The commenter included a The commenter’s FTA calculated the where charges are limited and there is fault-tree analysis (FTA) that assessed likelihood of an ignition source as 11.2 a long history of safe use globally, EPA the probability of household refrigerator in 1,000,000. believes risks can be mitigated to ensure ignition events due to the random The commenter’s FTA integrated the the substitutes can be used as safely as coincidence of ignition sources and above assumptions and estimates to other available substitutes. We are internal refrigerant leaks. An FTA calculate an expected 2.9 ignition events establishing use conditions to ensure considers how likely different events are per year at U.S. full market penetration. that these substitutes pose an overall and how resistant a system is to various (b) ‘‘Coupled leak failure’’ scenario. risk to human health and the faults. The commenter’s FTA analyzed The commenter asserted that in addition environment that is lower than or several potential scenarios in which to the random, independent events comparable to the overall risk posed by ignition events could take place in assessed above, the defrost heater other substitutes in the same end-uses. household refrigerators. The presents a risk of a coupled failure With respect to the comment commenter’s FTA calculated that because an electric short to the regarding risks during servicing and at isobutane household refrigerators in the evaporator coil can be the cause of both end-of-life, EPA agrees that flammability U.S. would experience: (a) 2.9 ignition the refrigerant leak and the ignition could pose a concern for the servicing events per year at full market event. The commenter took three factors and disposal of appliances containing penetration as a result of independent, into account to determine the total hydrocarbon refrigerants. However, the random events, and (b) an additional 2.5 number of ignition events from this use conditions in this final rule address ignition events for every 10 million coupled failure: (1) The probability that this potential risk. For example, the refrigerators that enter the market due to the defrost heater will short-circuit, (2) labeling requirements and the a specific coupled failure in which the the probability that an arc from the requirement for coloring of tubing will malfunction of the defrost heater is both defrost heater will cause a refrigerant serve as notification to servicing or the cause of the leak and the ignition leak, and (3) the probability that the disposal personnel that an appliance source. The commenter concluded that refrigerant will be present in sufficient contains a flammable refrigerant. EPA potentially underestimated the risk quantities to ignite (i.e., whether the Section V.L (below) also discusses of ignition-related failures in residential concentration will be at the LFL or recovery equipment. Based on refrigerators for internal leak events. higher). The commenter estimated that comments received, EPA believes that Details of the two calculations are for every 10 million household recovery equipment designed presented below. refrigerators using isobutane that are specifically for flammable refrigerants is (a) Failure scenarios based on produced, there would be an estimated not yet widely manufactured or independent, random events. The 2.5 failure events in which an electrical available in the U.S., although certain commenter’s FTA identified two events short to the evaporator coil causes both

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a refrigerant leak and an ignition over As previously mentioned, the A.D. opened before a new defrost cycle the lifetime of those units. The Little report calculated leak rates from begins and the refrigerant dissipates to commenter clarified that this value is in historical leak rate data provided by concentrations below the LFL, then no addition to the ignition events three refrigerator manufacturers. A.D. ignition event will take place, when the calculated in the previous FTA, which Little distinguished ‘‘catastrophic’’ leaks next defrost heater cycle begins and an would result from the coincidence of (the loss of a significant portion of arc occurs. The commenter claimed that independent, random events. refrigerant charge over a few minutes) the defrost cycle is only active 2 percent Response: While EPA believes that from ‘‘slow’’ leaks, observing that only of the time (for three 10-minute periods the commenter has overestimated catastrophic or ‘‘fast’’ leaks would allow per day). Had the commenter failure probabilities, we agree with the refrigerant to accumulate to a level of incorporated this factor into the commenter that the risks associated concern. The report goes on to calculate calculations, the number of coupled with the use of isobutane in household the ‘‘average’’ risk that a leak is a fast leak failures would be approximately 50 refrigerators are greater than zero. EPA leak as 0.1 percent and the ‘‘worst-case’’ times lower, dropping from 2.5 per 10 believes, however, that these risks are risk that a leak is a fast leak as 1 percent. million units to about 0.05 per 10 sufficiently small and should not EPA believes that the commenter’s million units. Since this is the preclude a determination that isobutane failure to distinguish ‘‘slow’’ from ‘‘fast’’ probability of a coupled leak failure is acceptable for use subject to use leaks causes the commenter’s analysis to over the lifetime of a unit, and the conditions that are for the purpose of overestimate the risk of an ignitable leak average lifetime of a unit is estimated to mitigating the potential risks. by at least two orders of magnitude. be a minimum of 10 years, this would EPA’s interpretation of the risk of Furthermore, today’s rule finalizes correspond to at most 0.08 ignition ignition-related failures in residential use conditions that guard against the events per year at full market refrigerators for internal leak events is potential that refrigerant from a ‘‘fast’’ penetration (approximately 150 million based on information presented in ‘‘Risk leak will be able to accumulate in refrigerators, according to the Assessment of Flammable Refrigerants amounts that reach the LFL, or that an commenter) due to a coupled leak ignition source would cause an ignition for Use in Home Appliances’’ (A.D. failure. We consider this a reasonable event in the case of a significant leak. Little, 1991). The A.D. Little report, risk level. Moreover, use conditions in The use conditions require any available in the docket for this this final rule should further decrease household refrigerator using isobutane rulemaking, included an FTA in which the likelihood of such an event to be designed specifically for use with leak rate calculations were based on occurring, and that these risks are flammable refrigerant in a manner that historical leak rate data provided by sufficiently small and should not complies with the UL 250 Standard. UL three refrigerator manufacturers. As preclude a determination that isobutane 250, Supplement SA, ‘‘Requirements for is acceptable for use, subject to use explained in more detail below, EPA Refrigerators and Freezers Employing a conditions that are for the purpose of believes that many elements of the Flammable Refrigerant in the mitigating potential risks. commenter’s FTA are undocumented, Refrigerating System,’’ is intended to Comment 2: External leak test. are at odds with the industry data used protect against an ignition incident in The commenter presented results in the A.D. Little report, and present the event of a refrigerant leak. Units that from an experiment that mimicked a internal analytical inconsistencies. are in compliance with UL 250 leak from an isobutane refrigerator using (a) Failure scenarios based on (particularly Supplement SA) have a bottom-freezer refrigerator located independent, random events. Regarding passed appropriate ignition or leakage inside a controlled ambient chamber the failure scenarios based on tests as stipulated in the standard. and performed test measurements of independent, random events, we note Passing the leakage test (at SA 5.1.2.7 isobutane levels in a mockup kitchen. that the commenter’s discussion of and SA 5.1.3.6) ensures that refrigerant The commenter stated that the methodology, the equation used for the concentrations in the event of a leak do experiment followed the leak procedure calculation, and the calculations in the not reach or exceed 75 percent of the in the UL 250 standard, including the commenter’s FTA were inconsistent LFL inside any internal or external following setup: with each other, making it difficult to electrical component compartments. • A kitchen intended to closely evaluate what had been done. Based on (b) ‘‘Coupled leak failure’’ scenario. resemble a typical U.S. kitchen; the commenter’s discussion of EPA’s concerns about the independent • A bottom-freezer refrigerator methodology, EPA believes that the variables underlying the coupled leak located inside a control ambient commenter’s FTA applied assumptions failure scenario are the same as those chamber; that are either undocumented or articulated above for randomized • A 57-gram charge of isobutane; and unsupported by industry data. One such events. The commenter did not provide • Eight calibrated Henze-Hauck assumption is particularly problematic: clear documentation or a rationale for concentration sensors near potential The commenter’s analysis appears to how estimates were derived. ignition sources. have considered all leaks as potential EPA believes that the commenter After running the test, the commenter risks for ignition. However, in order for overestimated the probability that a stated that five sensors showed a leak to pose a potential risk for defrost heater would cause a leak and isobutane concentrations exceeding the ignition, the refrigerant must be present cause ignition because the calculation LFL for several minutes. The commenter in amounts that meet or exceed the LFL. neglected to account for an important used these results as the basis of an The ability of a refrigerant to factor: the probability of a defrost cycle assertion that EPA underestimated the accumulate and reach its LFL is a coinciding with the time period during risks from external leaks. function of both the rate at which the which concentrations in the Response: To assess the commenter’s leak occurs and the presence of compartment reach the LFL. Even if a experiment fully, EPA would require enclosed spaces that can trap the refrigerant is present in sufficient values for the commenter’s test refrigerant and allow it to build up. quantity (i.e., at LFL), it will not ignite parameters and supporting Neither of these conditions was if there is no ignition source. For documentation. Based on the accounted for in the commenter’s example, if the door to a compartment information provided, however, we probability calculations. that contains refrigerant at LFL is have the following responses.

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We note that the commenter’s The concentrations measured at the accounts for the possibility of incorrect experiment was meant to simulate a four other sensors likely still would manufacturer testing of the product. (We worst-case scenario leak. Based on have been higher than the LFL, even if note that a refrigerator that leaks more industry data in the A.D. Little report, a realistic amount of refrigerant had than 50 grams of isobutane or R–441A the annual probability of a catastrophic been leaked. However, EPA does not refrigerant would not be in compliance leak outside a given refrigerator is believe that there are likely ignition with UL 250, and therefore would be in typically 3.6 × 10¥7, with a worst-case sources present at those locations, violation of the use conditions of this probability of 9.0 × 10¥6. which are near the compressor relay, on rule.) The commenter did not provide the the floor behind the refrigerator, on the • Stratification was more make and model of the refrigerator used, floor just in front of the refrigerator, and conservatively modeled through the and did not describe whether it was on the floor 2.5 meters in front of the assumption that 95 percent of the leaked designed specifically to use isobutane as refrigerator. If the refrigerator were refrigerant mixes evenly into the bottom a refrigerant. Since EPA is requiring any designed in accordance with the UL 250 0.2 meters (9 inches) of the room, rather isobutane refrigerator to be designed Standard as required by this rule, then than the bottom 0.4 meters as assumed specifically for use with flammable there would be no ignition sources in in the risk screen. refrigerant and to comply with either of the first two locations, or the Using these more conservative Supplement SA of UL 250 for use with refrigerator would be designed in such assumptions, EPA performed additional flammable refrigerants, results from a a way that the LFL would not be flammability and threshold analysis. test for a refrigerator not designed to reached near an ignition source in those EPA found that even with a higher leak meet the requirements of Supplement locations.16 As for the last two sensors, amount and a greater degree of SA would not reflect the risks EPA disagrees with the commenter’s stratification, the LFL was not reached associated with an isobutane refrigerator assertion that these locations are a likely in the model for either refrigerant. that is compliant with the use source of sparks. While not impossible, Furthermore, it would take a 75-gram conditions in this final rule. Even if the we believe it is highly unlikely that a leak in an 18 m3 kitchen or a 57-gram refrigerator were specifically designed major external leak would occur and at leak in a 13.8 m3 kitchen to meet or for use with an isobutane refrigerant and the same time, someone would light a exceed the LFL in the lower portion of fully compliant with all portions of the match or cigarette in their kitchen and the room for isobutane. Likewise, it UL 250 Standard, EPA believes that the then drop it on the floor. We note that would take a 59-gram leak in an 18 m3 leaked refrigerant at the locations of the the LFL was not reached at the sensor kitchen or a 57-gram leak in a 17.3 m3 five sensors showing isobutane located near a more likely spark kitchen to meet or exceed the LFL in the concentrations at or exceeding the LFL source—30 inches above the floor at an lower compartment of the room for R– is not likely to ignite for the reasons electrical outlet. 441A. It should be noted that a survey discussed below. In response to the commenter’s of kitchen sizes found the smallest The commenter’s experiment leaked general observation that EPA’s risk kitchen volume to be 31 m3, with 99 an unrealistically large amount of screen may underestimate risks, EPA percent of kitchens having a volume of refrigerant, causing slightly higher revisited the assumptions made in the at least 53 m3 (Murray, 1997 as cited in measurements for isobutane end-use modeling for both isobutane ICF, 2009a; ICF, 2009d; ICF, 2011a; and concentrations than could be expected and R–441A in the household ICF, 2011c). Thus the results of this in the actual event of a leak. As refrigeration end-use to identify more conservative and protective described in Section V.D of this opportunities for a more conservative modeling do not indicate a significant preamble (Charge Size Limitation— analysis. The results of this analysis are cause for concern that would cause us Household Refrigeration), the proposed provided in a memo, ‘‘Additional end- to change our determination that and final rules limit the charge size for use modeling for household refrigerators isobutane and R–441A are acceptable each sealed refrigerant system to 57 and freezers’’ (ICF, 2011d), which is subject to use conditions for use in the grams, with a use condition for provided in the docket for this household refrigeration end-use. compliance with the UL 250 Standard rulemaking. This exercise identified two Depending on the mixing conditions, Supplement SA, which calls for a parameters for which assumptions it is still possible that in certain charge size that will not leak more than could be more conservative: locations at floor level, or in restricted 50 grams of hydrocarbon refrigerant • Leak amounts were increased to 57 areas such as the space between a with properties similar to isobutane. grams (representing the entire allowable refrigerator and a wall, the Thus, a leak of 57 grams, such as the charge size) rather than 50 grams (for concentrations of isobutane or R–441A one described in the commenter’s isobutane) and 40 grams (for R–441A), could reach their LFLs for a few experiment, is not consistent with a which were the intended charge sizes minutes, posing a threat in the presence possible leak from an isobutane submitted by the applicants. While a of a spark. However, in the worst case, refrigerator that is compliant with the leak amount of 57 grams is greater than the annual probability of a ‘‘fast’’ use conditions in this final rule. that allowed by the UL 250 Standard, external leak occurring and an ignition The first of the five sensors that this additional analysis conservatively source being present simultaneously is showed isobutane concentrations above approximately 5.0 × 10¥7, or 0.5 in a the LFL registered a maximum level of 16 Under SA5.1 of the Standard, a leakage test is million) (A.D. Little, 1991). 1.9% for approximately 0.6 minutes (36 required to ensure that refrigerant concentrations Comment 3: Internal leak test and seconds). This was just barely above the measured near any internal or external electrical explosion/deflagration experiment. LFL of 1.8% and had a duration of less component cannot exceed 75% of the LFL at any The commenter provided a cursory point in time and, furthermore, cannot exceed 50% than a minute. The sensor would have of the LFL for more than 5 minutes at a time. description of an internal leak test that measured a concentration at or above (SA5.1.2.7, SA5.1.3.6). For any locations in which measured isobutane concentrations the LFL for less than 0.6 minutes, if at the LFL exceeds these amounts, the product would inside the freezer compartment. The all, if the test had leaked a realistic need to pass an ignition test (SA5.2) and a commenter concluded that refrigerant temperature test (SA 5.3) to ensure that electrical amount of refrigerant based on the use and heating components will not ignite the specific concentrations inside the freezer conditions in the proposed and final flammable refrigerant under consideration in order compartment reached 3.2 percent, rules. to comply with UL 250. which exceeds the LFL of 1.8 percent.

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The commenter also described the acceptable for use subject to the use The commenter includes a brief results of a test to reproduce the conditions required by this final rule. observation that the use of propane in deflagration/explosion when an internal Comment 4: Recall of isobutane small commercial refrigeration systems leak is ignited. The commenter stated refrigerators. poses risks similar to use of isobutane that it performed a leakage test The commenter described a major in residential refrigerators. The according to UL 250 on a U.S. market recall of certain models of isobutane commenter also argues that larger refrigerator with original components, refrigerators. In 2009 a major consumer hydrocarbon charges pose a higher risk including the defrost heater, in outdoor refrigerator manufacturer announced a of ignition events, and that small ambient conditions. The test leaked 57 recall of isobutane refrigerators as a commercial refrigeration systems are grams of refrigerant and used an result of safety incidents that occurred known to have much higher leakage unidentified sparking source to simulate in Asia and Europe. These incidents frequencies and failure rates than a faulty defrost heater connection in the occurred despite the fact that these units residential systems. freezer compartment. The result was a were specifically designed to operate Response: As discussed above, EPA violent explosion that sent heavy with isobutane, and were designed to performed a risk screen on the use of objects, such as the freezer door, flying eliminate potential ignition sources. The propane in small commercial up to 48 feet high. The commenter electrical insulation in the defrost refrigeration systems (ICF, 2009b, argued that this demonstrates that 57 mechanism in these units carbonized, revised as ICF, 2011b), which is grams of isobutane would produce leading to partial short-circuiting and available in the docket for this enough energy to result in structural sparking. The sparking corroded the rulemaking. The risk screen indicates damage. adjacent tubing, which resulted in a leak that propane’s LFL is not reached in the Response: As was the case for the of hydrocarbon refrigerant. Isobutane retail food refrigeration end-use where external leak test, the commenter concentrations accumulated enough to the charge size does not exceed that exceed the LFL in the closed refrigerator provided neither the make and model of established by the use conditions. As unit. During the next defrost cycle, the the refrigerator used, nor a statement described in the risk screen, under a faulty electrical circuit resulted in regarding whether the refrigerator was worst-case (catastrophic) release ignition of the refrigerant and an designed specifically to use isobutane. scenario the maximum instantaneous explosion. concentration of propane in the lowest Since EPA is requiring all isobutane Response: The recall discussed in this refrigerators to be designed specifically stratum of the room would be comment occurred in October 2009 and approximately 66 percent of the LFL for use with flammable refrigerant and involved approximately 400,000 and the concentration in the upper part to comply with Supplement SA of UL refrigerators in South Korea and Europe of the room would be lower. Further, 250 for use of flammable refrigerants, that were manufactured between March the SNAP application for this end-use results from a test for a non-compliant 2005 and June 2006. According to the pointed out that no catastrophic (‘‘fast’’) refrigerator would not reflect the risks manufacturer, the recall was triggered leaks had been reported from among the associated with an isobutane refrigerator by an October 29, 2009, explosion of an 270,000 hydrocarbon refrigerators in that is in compliance with the use isobutane refrigerator in Gyeonggi, operation belonging to the submitter. conditions in this rule. As previously South Korea. Press accounts also The commenter did not provide noted, Supplement SA is intended to discuss a small number of related information to refute EPA’s risk screen protect against an ignition incident in incidents in the United Kingdom and for retail food refrigeration. EPA’s the event of a refrigerant leak. Units that Germany between 2006 and 2009. flammability assessment indicates that are in compliance with Supplement SA Addressing the problem under the recall the risk of explosion is extremely small of UL 250 have passed appropriate involved home visits to install a safety in this end-use. ignition or leakage tests as stipulated in device to prevent the defrost heater from the standard. Passing the leakage test (at overheating. B. New Equipment Only; Not Intended SA 5.1.2.7 and SA 5.1.3.6) ensures that EPA notes that this final rule requires for Use as a Retrofit Alternative refrigerant concentrations in the event all isobutane refrigerators to comply EPA received ten comments on its of a leak do not reach 75 percent of the with the provisions of Supplement SA proposed requirement that hydrocarbon LFL inside food compartments. to UL 250. These provisions include refrigerants ‘‘be used only in new EPA also notes that the commenter’s leakage, ignition, and temperature tests, equipment designed specifically and experiment was meant to simulate a as well as an accelerated aging test of clearly identified for the refrigerant (i.e., worst-case scenario leak. Based on heater terminal seals and an insulation none of these substitutes may be used as industry data in the A.D. Little report, resistance test of all defrost heaters. a conversion or ‘‘retrofit’’ refrigerant for the annual probability of a fire or These tests are not included in the existing equipment).’’ Nine of the explosion inside a given refrigerator is standards established by the commenters supported restricting the ¥ 2.7 ¥ 10 13 on average, with a worst- International Electrotechnical use of hydrocarbon refrigerants to new ¥ case probability of 7.0 ¥ 10 12. This Commission (IEC) that would have been equipment only. latter value corresponds to roughly applicable to the appliances under Comment: One commenter requested 0.001 ignition events per year (or 1 recall. that retrofitting old household ignition event every 1,000 years) at full EPA also notes that more than 400 refrigerators and freezers and retail food market penetration (approximately 150 million hydrocarbon refrigerator units refrigerators (stand-alone equipment million refrigerators, according to the are in use worldwide; in China alone, only) be allowed. The commenter commenter) under a worst-case 75 percent of new domestic suggested that safety concerns could be scenario. We consider this a reasonable refrigerators/freezers use isobutane. alleviated by allowing retrofitting only risk level. Again, we note that the use Refrigerator ignition incidents resulting by personnel who are trained to handle conditions in this final rule should from leaked isobutane appear to be rare flammable refrigerants. further decrease the likelihood of such considering the widespread use of Response: Under the SNAP program, an event occurring, and that these risks hydrocarbon refrigerators worldwide. an application for SNAP approval are small enough not to preclude a Comment 5: Use of propane in small specifies whether the proposed determination that isobutane is commercial refrigeration systems. refrigerant use is for new equipment,

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retrofitted equipment, or both. None of Refrigerating Systems Utilising A2 & A3 provided a justification for a 57-gram the submissions applied for use in Refrigerants,24 and AS/NZS 1677.25 charge size limit. retrofitted equipment. The Agency did Response: It is unclear what was One commenter, a manufacturer of not conduct a risk analysis for use of the intended by either comment. Regarding household refrigerators and freezers, substitutes in retrofitted equipment, nor the first comment, EPA notes that the stated that the 57-gram charge size limit did any of the comments provide such UL standards are in fact industry-wide in some cases would reduce the an analysis. Therefore, EPA is not safety standards. UL has tested efficiency of the appliance and raise the addressing such use at this time. equipment for flammability risk in both indirect GHG emissions associated with household and retail food refrigeration. the product’s energy use. Two EPA would consider whether to find UL also has developed acceptable safety commenters, a manufacturer of hydrocarbon refrigerants acceptable for standards including requirements for household refrigerators and freezers and use in retrofitted equipment in the construction, for marking, and for an environmental organization, future if sufficient evidence, including a leakage, ignition, and temperature tests, observed that the UL 250 standard could risk assessment, is provided and shows as well as an accelerated aging test of change in the future and recommended that such use will present risks to heater terminal seals and an insulation that EPA should modify its charge size human health and the environment that resistance test of all defrost heaters. limitation to harmonize with UL 250 as are lower than or comparable to risks With respect to the second comment, it changes over time. from other available substitutes. it is unclear whether the commenter is Three of the commenters supported C. Compliance With UL Standards suggesting that the other standards be the 57-gram limitation, including a imposed as use conditions, whether manufacturer of household refrigerators EPA received ten sets of comments on they should be included in the ‘‘Further and freezers that submitted to the SNAP its proposed requirement that the Information’’ column of the regulations, program for hydrocarbon refrigerant in hydrocarbon refrigerants be used only in or whether they should simply be this end use; a manufacturer of refrigerators or freezers that meet all described in this preamble. The commercial refrigerators and freezers requirements listed in the Underwriters commenter provided no reasoning as to that submitted to the SNAP program for Laboratories (UL) Standard for why the listed standards should be hydrocarbon refrigerant in both Household Refrigerators and Freezers, included either as use conditions or in household and commercial refrigerators UL 250 (for the household refrigeration the ‘‘Further Information’’ column of the and freezers; and a manufacturer of end-use) 17 and the UL Standard for regulation, and we are not aware that commercial refrigerators and freezers. Commercial Refrigerators and Freezers, these standards provide any additional Response: EPA agrees with the UL 471 (for the retail food refrigeration protections that are not provided by this comments supporting the proposed end-use).18 Most commenters supported rule. EPA believes that the use requirement that the charge size not adherence to applicable UL standards, conditions established in this final rule exceed 57 grams for household although some offered the following will ensure that these substitutes will refrigeration. UL 250 allows a maximum additional comments. present risks that are lower than or leak amount of 50 grams (1.8 ounces), and the submitter used procedures Comment: One commenter comparable to the risks from other outlined in the UL 250 leakage test to recommended that a final rule be available alternatives. conclude that up to 7 grams of contingent upon the existence and D. Charge Size Limitation (Household additional refrigerant charge could be acceptance of a comprehensive Refrigeration) solubilized in the oil (and assumed not industry-wide safety standard. The EPA received ten comments on its to leak or immediately vaporize with the commenter also suggested that EPA proposed charge size limitation of 57 refrigerant in the event of a leak). This could add other standards to the list of grams (2.0 ounces) for the household information was reflected in EPA’s risk references addressing the safety of refrigeration end-use. screen for isobutane, which modeled a hydrocarbon refrigerants. The Comment: Five commenters maximum refrigerant release of 50 commenter referred to ANSI Standard recommended a limit of 150 grams (5.3 grams (ICF, 2009a and ICF, 2011a). Z21.24,19 ASHRAE Standard 15,20 UL 21 22 23 ounces) to correspond to standards It is true that hundreds of millions of Standard 21, EN 378, ISO–5149, established by the International refrigerators and freezers using propane the IOR Safety Code of Practice for Electrotechnical Commission (IEC and isobutane refrigerants in other 60335–2–24), including two non- countries are certified to the IEC 60335– 17 EPA is referencing Supplement SA governmental organizations, a 2–24 standard, which allows for a (‘‘Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the manufacturer of refrigerator charge of hydrocarbon refrigerant up to Refrigerating System’’) from UL Standard 250, compressors, and two manufacturers of 150 g. However, available evidence ‘‘Household Refrigerators and Freezers,’’ 10th household refrigerators and freezers. suggests that most of these appliances edition. One of these commenters, an actually have charges that are closer to 18 EPA is referencing the UL Standard 471, 9th edition Supplement SB; ‘‘Requirements for environmental organization, observed 57 g than to 150 g. For comparison, a Refrigerators and Freezers. that over 400 million refrigerators using typical U.S. household refrigerator using 19 American National Standards Institute (ANSI) propane and isobutane refrigerants are HFC–134a has a charge of roughly 140 Z21.24: Connectors for Gas Appliances. in use worldwide and that they g,26 and a charge of isobutane providing 20 ASHRAE Standard 15–2010: Safety Standard generally are certified to the 150-gram comparable cooling would be 40 to 50% for Refrigeration Systems. international safety standard. The of the charge of HFC–134a,27 or 56 to 70 21 UL 21: Standard for LP-Gas Hose. 22 EN 378: Refrigerating systems and heat commenter stated that EPA has not g. It is EPA’s understanding that most pumps—Safety and environmental requirements. European household refrigerators are Prepared by European Committee for 24 IOR (Institute of Refrigeration): Safety code of smaller than the typical U.S. household Standardization/Technical Committee CEN/TC 182 practice for refrigerating systems utilising A2 and refrigerator and that they use less (Refrigerating systems, safety and environmental A3 refrigerants. charge; thus, we would expect that requirements). 25 The Joint Australian Standard/New Zealand 23 International Organization for Standardization. Standard (AS/NZS) 1677: Addresses safety, design, ISO 5149: Mechanical refrigerating systems used for construction, installation, testing, inspection, 26 A. D. Little, 2002. cooling and heating—Safety requirements. operation and maintenance of refrigeration systems. 27 ACRIB, 2001.

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European household refrigerators have a larger charge, we would consider Comment: Two commenters observed charge sizes less than 70 g. The modifying the use conditions at a future that an appliance in the household commenter’s own Web site states, date. refrigeration end-use might incorporate ‘‘[T]oday’s hydrocarbon refrigerators, We acknowledge that a larger charge more than one sealed system and with hermetically sealed compressor size may improve the energy efficiency requested that the charge size limitation systems, use between 30 to 70 grams of of an appliance and simplify its apply to each sealed system in an refrigerant, depending on the size of the construction. However, based on the appliance, not to the entire appliance. refrigerator.’’ 28 Thus, the safety record analyses available at this time, we do Response: EPA agrees and is of hydrocarbon refrigerators and freezers not have sufficient information to clarifying that the 57-gram charge size in Europe appears to reflect experience demonstrate that a larger charge size limit applies to each sealed system.29 A primarily with charge sizes much would not create an unacceptable level household refrigeration appliance may smaller than 150 g. of risk as compared to other available incorporate multiple sealed systems. While EPA could assess various substitutes in the household Having multiple sealed systems is less charge sizes on a theoretical basis, we refrigeration end-use. As noted above, of a concern than having a single system do not have the resources to perform EPA could modify the use conditions in with the same combined charge since product testing and we rely primarily on the future if sufficient data were the probability of two sealed systems industry, national safety standard submitted to support safe use of a larger leaking simultaneously is very low. In organizations, and non-governmental charge size. addition, hermetically sealed systems organizations to conduct tests on Comment: One commenter requested are less likely to leak, presenting a lower appliances. UL has tested household a more precise definition of ‘‘charge,’’ probability of fire or explosion. refrigerators, freezers, and combination recognizing that the exact value of the Hermetically sealed systems provide an refrigerators and freezers for safety, charge depends on the accuracy of the increased level of safety in normal use. especially with respect to flammability charging equipment. E. Charge Size Limitation (Retail Food concerns, and the U.S. insurance Response: EPA regulations do not Refrigeration) industry and commercial sector rely on provide an accuracy specification or the results of those tests. Testing by interpretation for ‘‘charge’’ or ‘‘charge EPA received seven sets of comments manufacturers and UL addresses size.’’ EPA believes that such a on its proposed charge size limitation of flammability in the manufacturing regulatory definition is not necessary for 150 grams (5.3 ounces) for the retail process as well as how the product purposes of this use condition. EPA food refrigeration end-use. Six functions with different charge sizes. UL believes that the wording in the use commenters supported the 150-gram developed the 50-gram allowable leak condition (‘‘the quantity of the limitation, although some offered limit as the result of testing during substitute refrigerant’’) provides additional comments. development of the UL 250 standard for sufficient guidance and that Comment: One commenter household refrigerators and freezers. manufacturers and service technicians recommended increasing the limit to The 50-gram allowable leak limit for have the proper instrumentation and 170 grams for three reasons: first, that household refrigerators in UL 250 training to judge the quantity of EPA’s 150-gram limit was calculated differs from the 150-gram allowable leak refrigerant being charged to an based on a small European-sized limit for commercial refrigerators and appliance. kitchen and reflected a 20-percent freezers in UL 471 due to factors such Comment: One commenter reduction from the LFL; second, that the as the difference in the room sizes encouraged EPA to clarify or provide a proposed limit was based on domestic modeled for household versus retail test procedure for how manufacturers refrigerator standards and misapplied to appliances. Therefore, building on the should measure the potential solubility commercial applications; and third, that UL allowance of a 50-gram allowable of isobutane in the oil. the UL standard reflects 150 grams of leak limit and the tests performed by the Response: Providing such a test leakage and 20 grams that remains in submitter, we concluded that the procedure is beyond the scope of this the oil and does not leak. maximum charge size should be 57 final rule. The use conditions reflect the Response: EPA is finalizing the 150- grams for the household refrigeration assumption that 7 grams of a 57-gram gram charge size limit as proposed for end-use. charge could be solubilized in the this end-use. This limit is more EPA did not receive specific refrigerant oil while still allowing conservative than the UL 471 standard, information concerning the potential compliance with UL 250. The SNAP which reflects a leak amount of 150 energy efficiency effects of limiting the submittal for isobutane in the household grams (i.e., not counting refrigerant charge size to 57 g or less. Thus, we are refrigeration end-use contains not able to judge the technical merits of information on the solubility of 29 A ‘‘sealed system’’ is an independently the commenter’s statement. isobutane with refrigerant oils (GE, operated refrigeration system, including a compressor, evaporator, condenser, metering EPA does not have sufficient 2008). We typically defer to the device, and refrigerant not shared for other information supported by safety testing technical standard-setting agency on purposes. For example, a refrigerator-freezer might data at this time from other commenters, this type of issue unless there is employ one sealed system to chill food in the industry, U.S. national safety convincing evidence disputing such a refrigerator section and a second sealed system to keep food frozen in the freezer compartment. organizations, or non-governmental calculation. Moreover, we note that ‘‘Appliance’’ is defined at 40 CFR 82.152 as ‘‘any organizations to support a charge size manufacturers that choose to use device which contains and uses a refrigerant and limit different from one based on UL isobutane are not obligated to measure which is used for household or commercial 250, such as the 150-gram limit in IEC its potential solubility in oil for purposes, including any air conditioner, refrigerator, chiller, or freezer.’’ Thus a refrigerator, 60335–2–24. EPA understands that the purposes of complying with the use freezer, or combination refrigerator and freezer, for limit in UL 250 may change in the conditions, since any charge below 50 example, may consist of two appliances provided future. If that occurs, and if the grams would be in compliance with UL that the refrigerant in the first appliance (i.e., the appropriate safety testing data is 250 and the charge size limitations of first compressor, condenser, evaporator, and metering device) does not mix with the refrigerant submitted to EPA supporting safe use of this rule. Thus we see no reason to in the second appliance (e.g., the second establish a test procedure for performing compressor, condenser, evaporator, and metering 28 Greenpeace, 1997. such an analysis. device).

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solubilized in oil). Unlike the charge Columbia. The entry points for which the technicians know what they are dealing limit for the household refrigeration product is introduced into interstate with. end-use, the charge limit for the retail commerce are the release of a product from Response: EPA is finalizing the the facility in which the product was food refrigeration end-use does not labeling use condition as proposed reflect an additional amount of manufactured, the entry into a warehouse from which the domestic manufacturer (with the exception of a minor technical refrigerant assumed to be solubilized in releases the product for sale or distribution, correction to the wording of one of the the oil because SNAP submitters did not and at the site of United States Customs labels, described in Section VI below). include test data to support this clearance. EPA believes that notification is information for propane. UL 471 limits necessary to alert technicians and the amount of refrigerant leaked to 150 This definition applies to any personnel who dispose of or recycle grams, based on testing performed appliances produced in the U.S., appliances that a refrigerant has the during the development of the UL 471 including appliances that will be potential to ignite if a sparking source standard. The commenter provided no exported. Therefore EPA cannot support is nearby. This is particularly true test data showing that 20 grams (or some the comment to apply different use during the years these products are first alternative amount) would be captured conditions based on where an appliance introduced into the market because in the oil if the UL 471 standard were is being exported. most technicians in the U.S., as well as applied. Nor was there evidence that the Comment: One commenter observed those involved in the disposal chain, are leak assumptions for the household that because an appliance might have not yet familiar with flammable refrigeration end-use (7 of 57 grams two or more independent refrigeration refrigerants. solubilized) might apply systems, EPA’s charge size limitation EPA consults with UL and other proportionately to other equipment or should apply to each refrigeration national safety standards as often as other refrigerants. Therefore, because system in an appliance and not to each possible, recognizing that the EPA does not have a sufficient analytic appliance. organizations differ in functions and basis to derive a 170-gram charge size Response: EPA received a similar goals. With the exception of the lettering limit, EPA has no basis to support a comment with respect to the household size, EPA is adopting label wording and change to the 150-gram charge size limit refrigeration end-use, as described in requirements that are identical to those we proposed for this end-use. Section V.D above. As was the case for in the UL 250 and UL 471 standards. Comment: Two commenters also the household refrigeration end-use, The UL standards include a requirement observed that the IEC standards may be EPA agrees that the charge size to label evaporators in the retail end- revised upward in the future, and that limitation for the retail food use, and EPA is mirroring that EPA’s limit should reflect such changes. refrigeration end-use should apply to requirement, noting that even if a Response: The IEC charge size limit each sealed system in an appliance. EPA customer does not have access to the has not yet increased and EPA cannot is modifying the wording of the use labeled area, service technicians with anticipate the timing or extent of such condition to reflect this clarification. such access still need to be made aware an increase. Further, EPA has not F. Labeling that a flammable refrigerant is present. received any information showing that a Regarding the lettering size, EPA larger charge size would ensure that EPA received 11 sets of comments on continues to believe that it would be propane would present risks in this end- its proposal to require that ‘‘Danger’’ difficult to see warning labels with the use that are lower than or comparable to and ‘‘Caution’’ labels be permanently 1⁄8-inch lettering stipulated by UL 250 risks from other potentially available attached at specified locations on and UL 471. Three commenters substitutes. If the IEC or UL standards household and retail appliances using specifically endorsed the 1⁄4-inch are revised in the future or if other hydrocarbon refrigerants. The proposed minimum height proposed, and EPA is information becomes available that wording was identical to that of UL 250 finalizing that requirement, making it would support a change in charge size, Supplement SA (household easier for technicians, consumers, retail an interested party could petition EPA refrigeration) and UL 471 Supplement store-owners, and emergency first to revise this aspect of the use SB (retail food refrigeration), except that responders to see the warning labels. condition. EPA proposed that the lettering be 1⁄4 Comment: Another commenter stated 1 inch (6.4 mm) rather than the ⁄8 inch G. Color-Coded Hoses and Piping that appliances manufactured for export (3.2 mm) specified in the UL standards. EPA received 11 sets of comments on should be allowed to have a larger Seven commenters expressed support its proposed requirement that an charge size corresponding to the charge for the proposed labeling use appliance containing hydrocarbon size requirements that apply at the point conditions, including the lettering size. refrigerants have red Pantone Matching of installation. The commenter claims Comment: Two commenters stated System (PMS) #185-marked pipes, that prohibiting a larger charge size for that EPA and UL should require the hoses, and other devices through which export would be a disadvantage for U.S. same print color and size. Another the refrigerant passes to indicate the use companies selling appliances overseas. Response: Under section 612 of the commenter supported the proposal of a flammable refrigerant. The color Clean Air Act, the SNAP program is except for the language reflecting clause would be required at all service ports applicable to any person introducing a (a) in UL 471 (retail food refrigeration) and where service puncturing or substitute into interstate commerce. for evaporators that can be contacted by otherwise creating an opening from the Interstate commerce is defined in 40 a consumer; the comment stated that refrigerant circuit to the atmosphere CFR 82.104(n) as: evaporators are never accessible to a would be expected to occur, and would customer in units that are ‘‘cold wall extend a minimum of 1 inch in both The distribution or transportation of any design.’’ Finally, one commenter directions from such locations. The product between one state, territory, specifically opposed use of the words proposed rule observed that no industry possession or the District of Columbia, and another state, territory, possession or the ‘‘Danger’’ and ‘‘Caution.’’ The standard exists for color-coded hoses or District of Columbia, or the sale, use or commenter stated that equipment is safe pipe for flammable refrigerants, and manufacture of any product in more than one if it meets UL standards, that the words sought comment on potential state, territory, possession or the District of would scare consumers, and that service development of such a standard.

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Three commenters supported the additional precautions (e.g., reducing than 2.5 centimeters (1 inch) long, a proposed requirement. One of the the use of sparking equipment) as new process tube would be required, supporting commenters stated that appropriate to avert accidents, and with the red marking as described EPA’s use condition would also suffice particularly in the event that labels are above. For other locations—for example, in lieu of an industry standard. Other no longer legible. The air-conditioning if a service port or refrigerant access commenters opposed various aspects of and refrigeration industry currently uses valve is added to the system 31—the red the color-coding requirement. distinguishing colors to identify mark must extend at least 1 inch in all Comment: One commenter stated that different refrigerants. Likewise, directions from the port or valve. mandatory color-coding would impose a distinguishing coloring is used To clarify that the red coloring must burdensome additional cost and is not elsewhere to indicate an unusual and always be present (not just applied a requirement under international potentially dangerous situation, such as initially at installation), we are standards. A second commenter stated the use of orange-insulated wires in providing more specificity in the that color-coding would be superfluous hybrid electric vehicles. In the U.S., language of the use condition than in light of the proposed labeling household and retail appliances contain proposed. We are changing ‘‘must be requirement. A third commenter stated various refrigerants and it is not always applied’’ to ‘‘must be present’’ to correct that leak testing requirements obviate clear what type of refrigerant an any misperceptions that once the the need for color-coding. A fourth appliance uses. coloring is initially placed (‘‘applied’’) commenter identified several concerns: Since red coloring is understood to at a location, it need not be replaced if that hose materials could be potentially represent ‘‘hot,’’ ‘‘stop,’’ or ‘‘danger,’’ damaged or removed. The word incompatible with the paint used, that red coloring will provide technicians, ‘‘present’’ conveys that the red coloring the marking could be obscured by ice or consumers, and emergency responders must always be at the specified location. insulation, and that paint on heat with an unambiguous signal that a EPA does not believe that this exchange surfaces could change the potential hazard is present. The labeling requirement will impose a burdensome thermal resistance and water retention requirement discussed in Section V.F additional cost. The only commenter to properties of the heat exchanger, will complement the color-coding raise this point did not provide any affecting performance. requirement by providing a more information about what such costs Other commenters recommended a precise warning of the potential hazards might be and why the commenter more precise interpretation of the and necessary precautions. Further, it is thought they would be burdensome. In requirement to ensure that color-coding possible that labels, particularly those this preamble we are clarifying one need only be provided where beneficial on the outside of the appliance, may fall aspect of flexibility that could mitigate and not in locations where system off or become illegible over time; adding potential cost concerns. Specifically, performance could be hindered. One red coloring on tubing inside the EPA agrees with the commenters’ commenter observed that coloring all appliance provides additional assurance observation that a colored sleeve or cap tubing would be costly and that that technicians will be aware that a could be equally effective and may offer locations should be selected that do not flammable refrigerant is present. a less costly option for some present problems for sealing of valves or In response to concerns about the manufacturers. The proposed rule for operational efficiency. Another location of the color-coding, EPA is specified the type, location, and commenter suggested that since UL 471 modifying the language for this use dimensions of the coloration but did not already requires labels near the condition to reflect its intent more specify the physical manner in which compressor, coloring would only be precisely. Instead of requiring PMS #185 the tube should be colored. EPA necessary at discharge and charge coloration at all locations ‘‘through believes that the use of a sleeve or cap locations. The commenter further stated which the refrigerant passes,’’ this final is consistent with this use condition as that self-contained units with one rule requires coloration at locations long as the requirements of the use compressor only need markings at two ‘‘through which the refrigerant is condition (use of PMS #185, location, locations—at the filling tube and after serviced,’’ as well as areas where service and dimension) are met. However, in the filter dryer (in the flow direction)— puncturing or otherwise creating an order to remain in compliance with the because such units only use one opening from the refrigerant circuit to use condition, a technician who refrigerant and present no risk of the atmosphere might be expected. EPA removes a sleeve during servicing is mixing. is also clarifying the location and extent required to replace that sleeve on the Several commenters observed that an of the coloring on the hose or process serviced tube with another. Allowing equally effective and less costly option tube (if one exists).30 This does not the use of a sleeve instead of paint will for some manufacturers might be to use mean that the entire hose or process also help alleviate the concern a colored sleeve or cap that must be tube must be colored. Rather, for expressed by one commenter over the forcibly removed in order to access the process tubes the tube must be colored potential incompatibility of red paint service tube. If a manufacturer removed for at least one inch with the red mark with hose materials. the sleeve or cap during service, a to extend from the compressor. This EPA recognizes that labeling is similar replacement would be required. way, if the process tube is cut for another way to provide warning of the Response: EPA is finalizing a service, the red marking still remains presence of a flammable refrigerant, requirement to use red PMS #185 after the tube is welded back together. and—as discussed in Section V.F coloring on hoses and tubing. This is the If further servicing would leave the above—is finalizing a labeling same color specified in AHRI Guideline colored portion of the process tube less requirement. However, since over time N–2008, ‘‘Assignment of Refrigerant labels can come off or become illegible, Container Colors,’’ to identify containers 30 A process tube extends from the compressor labeling should not be the sole means of of flammable refrigerant, such as and is used to add or remove refrigerant. After propane, isobutane, and R–441A (AHRI, refrigerant is added or removed, the process tube is 31 The UL Standards referenced in this rule do not 2008). The purpose of the colored hoses usually pinched to stop refrigerant flow and then allow the inclusion of service ports in finished could be soldered to provide a long-lasting seal. The products using flammable refrigerants; however, the and tubing in this case is to enable tube is used as an access point for service coloring use condition would still apply if a service service technicians to identify the use of technicians and does not serve any refrigerant-flow port or access valve were added after the product a flammable refrigerant and to take or heat transfer purposes. was sold.

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alerting users and service technicians of requirement to mean that all appliances EPA does believe, however, that some the presence of a flammable refrigerant. subject to this rule must be hermetically sealed systems eventually Comment: One commenter supported manufactured with unique fittings, even will be serviced and does not assume the proposed color-coding requirement appliances that would not require that such systems are always completely but pointed out that the American servicing and thus would otherwise not leak-proof. Therefore EPA continues to Academy of Ophthalmology and the need fittings. They observed that believe that if a service port or access Centers for Disease Control and household and retail appliances, valve is installed after manufacture, it Prevention report that 8 percent of whether they use hydrocarbons or should employ a unique fitting that is American males are color-blind, another type of refrigerant, typically are maintained until the end-of-life of the primarily in the colors green and red, hermetically sealed and are appliance. making the need for labels even more manufactured without maintenance One commenter specifically important. fittings or service valves. They pointed supported a requirement for unique Response: The Agency recognizes that out that any service port with a fittings after the equipment is serviced there is a color-blind population. This is mechanical connection (such as a lock and for the remainder of its life. EPA one reason to use both labeling and ring) presents a leak risk and that believes that such fittings, if installed, coloring to signal that a flammable requiring additional service ports for the should be designed specifically for refrigerant is being used. purpose of installing unique fittings flammable refrigerants, such that those H. Unique Fittings would add to that risk. One commenter fittings would not connect to service also observed that equipment is highly equipment designed for non-flammable EPA received 13 sets of comments on sensitive to charge size and any leak refrigerants. its proposed requirement that could cause malfunction or failure. (The Comment: Several commenters appliances using isobutane or R–441A commenter stated that in its past observed that cross-contamination was in household refrigeration and propane experience, three-fourths of service calls not a significant risk. Two commenters in retail food refrigeration end-uses have were related to service ports.) One stated that requiring unique fittings service aperture fittings that differ from commenter observed that the presence would not necessarily protect against fittings used in equipment or containers of service ports could create incentives cross-contamination. One commenter using non-flammable refrigerant. The for untrained technicians to attempt stated that mixing of hydrocarbons and proposed rule defined ‘‘differ’’ to mean servicing. Another commenter pointed other refrigerants would not pose a that either the diameter must differ by out that UL 250 and UL 471 prohibit safety concern unless air or oxygen were at least 1/16 inch or the thread direction refrigerators or freezers that use a present. Another commenter asserted must be reversed (i.e., right-handed vs. flammable refrigerant from employing that since self-contained refrigerant left-handed). The proposed rule quick-connect fittings, flare fittings, systems use only one refrigerant, there specified that these different fittings compression fittings, or packed stem is no possibility that an appliance must be permanently affixed to the unit valves. would be refilled with an incorrect and may not be accessed with an Response: EPA agrees with statements refrigerant. That commenter also stated adaptor until the end-of-life of the unit. that a service valve installed at the point that proper refrigerant practices are in Comments: Twelve commenters of manufacture could increase the place that require separate recovery opposed the proposed requirement for likelihood of leaks for these types of cylinders for different refrigerants, that various combinations of the following appliances. We recognize from the technicians need only use one more reasons: Adding fittings at the time of comments that the proposed type of cylinder, and that economic manufacture is not appropriate for requirement was worded in an overly incentives can foster proper recovery certain appliance types; additional broad manner. We intended the practices. fittings presents an increased leak risk; requirement to apply only in cases Response: Overall, EPA disagrees the requirement could be easily where a service port or other connection with the comment that cross- circumvented; the risk of cross- is installed subsequent to manufacture. contamination is unlikely. Depending contamination is overstated; EPA is aware that the UL 250 and UL on the type of equipment being international standards do not require 471 standards forbid such ports at the serviced, and its typical servicing unique fittings; and the requirement time of manufacture on units using patterns, it is quite possible that would be inconsistent with UL flammable refrigerants. EPA recognizes refrigerants could be mixed, particularly standards. One commenter, while that service ports (whether with where best practices are not employed. neither supporting nor opposing the standard or unique fittings) are not Currently, many different refrigerants proposal, stated that if unique fittings normally used in household are used in refrigerators and freezers. are installed they should require the use refrigerators or stand-alone retail food Technicians are likely to encounter of special tools to dissuade refrigerators and freezers. numerous refrigerants—now including unauthorized personnel from opening However, CAA 608(b)(2) requires all hydrocarbons—raising the possibility the fittings. small appliances containing ODS that flammable refrigerants could be Response: EPA is persuaded by the refrigerants to be equipped with service mixed with non-flammable refrigerants comments opposing a use condition to ports that allow for the proper recovery or that flammable refrigerants could be require unique fittings. The Agency is of refrigerant during service or disposal added to an appliance designed for non- removing the requirement for unique of refrigerators and freezers because flammable refrigerants. Not only does fittings from the list of use conditions service ports act as an access point for the mixing of refrigerants pose a risk for and is instead providing a recovery equipment. Under 40 CFR the cooling system of the appliance, it recommendation for unique fittings in 82.154(a)(1), no refrigerant or substitute also can limit reclamation options. the ‘‘Further Information’’ column of may be knowingly vented unless Whereas—as observed by two Appendix R. The following paragraphs otherwise exempted. For this reason commenters—pure refrigerants have describe the comments and EPA’s most hermetically sealed appliances are market value, contaminated refrigerants response in more detail. equipped with process tubes that are are costly to re-purify into their Comments: Most commenters used only for end-of-life recovery and individual refrigerant components, and interpreted the language of the proposed which typically do not leak. costly to discard properly, raising the

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risk of illegal venting. Nevertheless, five pounds (2.3 kg).32 This requirement with the oil and cause high wear on EPA agrees with the commenters that was intended to prevent purchase by compressor bearings, or clog heat cross-contamination itself does not pose untrained people who lack the skills or exchangers and capillary tubes. Such safety issues sufficient to warrant a equipment necessary to recover and events could lead to equipment failure, mandatory requirement for unique charge refrigerant properly. Six increased servicing need, and more fittings. commenters supported the proposed potential emissions of the refrigerant. Comment: Several commenters requirement. Other comments are These effects could increase risk to the observed that technicians could defeat discussed below. appliance owner, service technicians, the intent of the requirement by using Comment: Three commenters and those involved in appliance other kinds of fittings after first service. opposed this requirement, stating that a disposal. One commenter stated that service small-container sales restriction was not As discussed in Section V.K of this technicians have the tools to bypass the appropriate vehicle to compel preamble, EPA agrees with the unique fittings and would do so rather proper training. One observed that importance of having hydrocarbon than purchase additional gauges and properly trained technicians know how refrigerants handled only by trained line sets to service the small number of to handle refrigerants safely; another technicians. The listing decisions for hydrocarbon refrigerators. Another noted that the proposed rule these three refrigerants in Appendix R stated that most small appliances do not protections, such as labeling, would to 40 CFR, part 82, subpart G, provide have fittings (unique or otherwise) and help mitigate the potential risk a recommendation that only technicians that technicians and the public could associated with technician error; and specifically trained in handling use line-piercing fittings if needed. the third observed that untrained flammable refrigerants service Response: EPA understands that a customers can already buy camping gas, refrigerators and freezers containing requirement for unique fittings would which is a flammable gas like isobutane. these refrigerants. We also include a not prevent illegal or improper efforts to In addition, one of the commenters recommendation that technicians gain service appliances if a technician were opposing the requirement stated that it an understanding of minimizing the risk determined to do so. The ‘‘Further would pose practicality and logistics of fire and the steps to use flammable Information’’ section in the regulation problems for its service network for refrigerants safely. recommends that only technicians household refrigerators. The commenter specifically trained in handling J. Use of Hydrocarbon Refrigerants in stated that a five-pound minimum Other End-Uses flammable refrigerants service requirement would result in the refrigerators and freezers containing transport of more combustibles in a Comment: Three commenters these refrigerants, and that technicians service vehicle than needed and that it requested that isobutane and propane be gain an understanding of minimizing would be preferable to use ‘‘right- considered for use in both the the risk of fire and the steps to use sizing’’ canisters containing the exact household refrigeration and retail food flammable refrigerants safely. We note charge for the particular appliance to refrigeration end-uses. Six other that, in addition to preventing the ensure efficient and accurate service, to commenters specifically requested that mixing of refrigerants, the proposed use minimize the load a technician needs to isobutane be allowed for use in retail condition was intended to reduce the carry, and to prevent under- and over- food refrigeration. All of these risk of fire by ensuring that flammable charging. commenters reasoned that both refrigerants are used only in appliances Response: After considering the refrigerants have similar physical designed for flammable refrigerants. The comments received, EPA is removing characteristics (e.g., flammability limits, proposed use condition was intended to the small-container sales restriction toxicity profiles, handling practices, prevent a technician from inadvertently from the use conditions. EPA agrees that safety group classification) and that the attempting to service a refrigerator as if requiring the sale of the three UL 250 and UL 471 standards do not it contained non-flammable refrigerant hydrocarbon refrigerants in containers distinguish between them. when it actually contained highly of at least five pounds could cause the Response: EPA is finalizing flammable hydrocarbon refrigerant, or transport of an unnecessary amount of acceptability determinations only for vice versa. refrigerant and increase risks to service the substitutes and end-uses identified Comment: Four commenters stated technicians and—in the event of a in submissions to the Agency and in the that education is the best tool to prevent vehicular accident—to others on the proposed rule: Isobutane and R–441A in refrigerant contamination. One road. EPA intended the proposed use the household refrigeration end-use, and suggested creating a nationwide training condition to prevent or minimize the propane in the retail food refrigeration program; the other, which specializes in purchase of refrigerant by untrained end-use. The submitters did not request training, observed that training had people who would not have the review of isobutane or R–441A in the proven to be an effective option in lieu appropriate skills or equipment to retail food refrigeration end-use, or of a previous proposal to require unique properly recover or charge the propane in the household refrigeration fittings for high-pressure HFC refrigerant. However, after considering end-use, so EPA did not review those refrigerants. the comments, EPA recognizes that an substitutes for those end-uses in this Response: EPA supports the concept unintended consequence of restricting rulemaking. The SNAP regulations at 40 CFR part of a national training program for smaller-container sales is the prospect 82, subpart G establish a process for the flammable refrigerants and welcomes that appliance owners could purchase submission and review of SNAP industry efforts to educate technicians non-refrigerant-grade propane such as applications and the finalization of on proper refrigerant use and proper camping gas to service their equipment. acceptability determinations. EPA service and disposal practices. Non-refrigerant-grade hydrocarbons makes a listing determination after could contain contaminants that might I. Small Containers evaluation of the substitute. EPA fail to be absorbed by a filter drier, mix EPA received nine comments on the follows a notice-and-comment proposed use condition to limit the sale 32 As mentioned previously, the proposed rule rulemaking process to list substitutes of the hydrocarbon refrigerants in inadvertently represented 5 pounds as 2.8 that are proposed as acceptable subject containers designed to hold less than kilograms instead of 2.3 kg, which is accurate. to use conditions, acceptable subject to

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narrowed use limits, or unacceptable. hydrocarbon refrigerants are more that it is not necessary for EPA to Although EPA can issue SNAP prevalent, there is no national training require training in order for newly listed determinations for substitutes and end- program and each manufacturer handles refrigerants to be used as safely as other uses that were not provided by an training on its own. Another refrigerants currently available. applicant, the Agency must perform the commenter, a training organization for Although we have determined not to same detailed analysis, based on the technicians, suggested that training be a require training as a use condition for criteria described in the SNAP required element of a federal these substitutes to ensure that they can regulations. EPA would need to make a certification of technicians. The be used as safely as other available risk screen available to the public commenter noted that EPA intends to refrigerants, we recommend that through the notice-and-comment update the ‘‘test bank’’ of test questions technicians receive training on the safe rulemaking process before making a for technician certification under CAA handling of hydrocarbon refrigerants listing decision. If EPA were to find section 608, and so the Agency should through avenues such as industry- those substitutes acceptable in those recognize the merits of incorporating sponsored national training programs. specific end-uses, use conditions would hydrocarbon refrigerants into existing probably be necessary. programs. This commenter stated that L. Other Options Considered We recognize the stakeholders’ without a recertification program, EPA considered, and sought comment interest in using isobutane in the retail hundreds of thousands of technicians on, several other options or related food refrigeration end-use and propane will not see the new test questions. issues in the proposed rule, although we in the household refrigeration end-use. Therefore the commenter suggested that did not propose them. This section Preliminary information supports the EPA either create another ‘‘type’’ describes comments the Agency observations that the use profiles and category of certification under CAA received on those options. handling practices for these chemicals section 608 addressing flammable 1. Use only in appliances specific to in these end-uses are very similar to the refrigerants and/or require OEMs. EPA sought comment on an combinations of substitutes and end- recertification of technicians every five option that would allow isobutane and uses being finalized today. EPA may years because of new refrigerants. One propane as a refrigerant for use only in consider a subsequent rulemaking commenter stated that EPA should OEM-specific appliances, as described addressing the use of isobutane and R– strongly consider delaying any SNAP in a SNAP application. The reason for 441A in the retail food refrigeration end- acceptability listing for isobutane until such a limitation would be the concern use, and propane in the household such a program can be developed and that appliances from other refrigeration end-use. deployed industry-wide. The manufacturers would not be designed Comment: One commenter noted that commenter observed that this could take with spark-proof engineering; nor would it did not have sufficient information on two years and increase costs to the manufacturers be able to develop HCR–188C and HCR–188C1 (i.e., R– consumers. recovery equipment compatible with 441A) to recommend their approval for Response: EPA agrees that training is flammable refrigerants. the retail food refrigeration end-use. The an important way for technicians to Comment: EPA received two commenter stated, however, that if learn about the safe handling of comments supporting EPA’s approach ASHRAE Standard 34 were to classify flammable refrigerants. We recognize to not impose such a limitation. One those hydrocarbon blends as A3 that there are some long-standing observed that limiting use to SNAP- refrigerants then the argument could be training programs on flammable reviewed equipment would be time- made that they should be listed in both refrigerants in other countries where consuming and costly for all parties end-uses. hydrocarbon refrigerants are currently Response: In February 2011, ASHRAE in wide use. We also recognize that the involved, with little added health and issued Addendum g to Standard 34– use of hydrocarbon refrigerants, and safety benefit. 2010, classifying R–441A as an A3 training on such use, is in its infancy in Response: EPA agrees that limiting refrigerant. We agree that an applicant the U.S., and is generally tied directly refrigerant use to SNAP-reviewed may be able to support a petition to find to specific products or applications, equipment would be time-consuming R–441A acceptable subject to use rather than generally to multiple types and costly for all parties involved. We conditions in the retail food of products. believe that adherence to the UL refrigeration end-use based on our Since the inception of the SNAP standards and the use conditions in this current understanding that R–441A has program and the section 608 refrigerant rule will help ensure that equipment is characteristics that are similar to those management program, we have designed to use these refrigerants safely, of propane. However, we do not continued to list a variety of new and that use of these substitutes will currently have the appropriate technical refrigerants as acceptable. EPA has not present risks that are lower than or demonstrations before us to propose, previously required that certified comparable to the risks from other much less finalize, such a technicians be recertified as a result of potential substitutes. Thus we believe it determination. If in the future a person the listing of the additional refrigerants. is not necessary to include such a submits a petition supported by a Moreover, the goals of the section 608 limitation. technical demonstration, we could take technician certification program reflect 2. Recovery equipment. EPA observed rulemaking action on such a listing. the need to reduce emissions during that it had considered proposing a use servicing, maintenance, repair and condition requiring that recovery K. Training disposal. They do not substitute for the equipment used to recapture flammable EPA received eight comments in proper training that is normally refrigerants be compatible with response to its discussion of training in provided through trade schools, flammable refrigerants, and sought the preamble of the proposed rule. All apprenticeships, or other industry information on whether there currently acknowledged the value of training. mechanisms. Given the extent of is an industry standard for recovery Comment: One commenter technical knowledge available within units for flammable refrigerants and recommended against a mandatory the industry, we believe that industry is whether specific recovery units are national training program, observing better equipped than EPA to define the available that are compatible with the that in the European Union, where specific contents of such training, and refrigerants addressed in today’s rule.

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Comment: One commenter stated a of synthetic refrigerant oil during European standard and is approved by belief that there are no known venting. TUV (Technischer U¨ berwachungs- manufacturers of recovery equipment Response: EPA appreciates the Verein (Technical Inspection for hydrocarbon refrigerants. Another information provided by commenters. Association)), a German safety commenter stated that recovery Venting is addressed by section 608 of monitoring agency. equipment used to recover flammable the CAA and EPA will develop a Response: EPA does not believe it is refrigerants must be compatible with separate rule under that authority if we necessary to establish a use condition flammable refrigerants, and in the determine that hydrocarbon refrigerants requiring the type of system suggested absence of an industry standard, it has in the household refrigeration and retail by the commenter. OSHA addresses the developed its own service equipment food refrigeration end-uses should be use of flammable substances in the designed to recapture a flammable exempted from the venting prohibition. workplace, including through its refrigerant in accordance with federal EPA exercised such authority to exempt regulations at 29 CFR 1910.106, as and state regulations. A third hydrocarbons used in industrial process discussed in response to other commenter observed that recovery units refrigeration systems from the venting comments below. To the extent a are only used in countries like the U.S. prohibition (see 69 FR 11946), but has manufacturer believes that additional where venting is not allowed. Finally, not made a similar determination for precautions are appropriate, we believe one commenter observed that it uses a hydrocarbons used in household and the manufacturer is in the best position recovery device in its U.S. test market retail food refrigerators and freezers. to determine how to address the risks of that is specifically designed for use with Currently, EPA’s regulations installing a hydrocarbon refrigerant flammable refrigerants. implementing section 608 at subpart F considering the specific characteristics Response: The availability of recovery to 40 CFR part 82 would prohibit of its production facilities and equipment is not necessary to ensure venting of isobutane, propane, and R– personnel. We note that in addition to that the refrigerant will not pose more 441A refrigerants during service, OSHA requirements, other forces such risk than other available substitutes in maintenance, repair, and disposal from as concerns for liability; costs of fire and this end-use. EPA will continue to the end-uses considered in this rule. casualty insurance; and reputational assess the need for, and availability of, 4. Requiring only one use condition. interests may also dictate a firm’s recovery equipment that is compatible EPA sought comment on an approach behavior with respect to worker health with flammable refrigerants. that it considered (but did not propose): and safety protections. 3. Venting prohibition. EPA sought to require that the only use condition for This final rule includes, in the comment on whether, in a future each hydrocarbon refrigerant be to meet ‘‘Further Information’’ column of rulemaking, it should consider applicable UL 250 and UL 471 Appendix R, recommendations that exempting hydrocarbon refrigerants standards. OEMs institute safety precautions as from the section 608 venting Comment: EPA received one needed in their facilities to address prohibition. comment, which opposed such a Comment: Several commenters potential hazards in the production of provision. appliances using hydrocarbon expressed varying levels of support for Response: As described above, and exempting hydrocarbon refrigerants refrigerants. EPA notes that OSHA consistent with the proposal, EPA has regulations are in place to address such from the venting prohibition. Two not limited the use conditions to commenters expressed unequivocal hazards. The table in Appendix M compliance with the UL standards. references OSHA requirements at 29 support, and four stated that they would 5. ‘‘Unacceptable’’ finding pending CFR part 1910, including those at 29 support such an exemption if EPA were industry-wide servicing standards. EPA CFR 1910.106 (flammable and to confirm there would be no health sought comment on (but did not combustible liquids), 1910.110 (storage impact. Another commenter asserted propose) finding hydrocarbon and handling of liquefied petroleum that venting would pose little refrigerants unacceptable until an gases), and 1910.1000 (toxic and environmental impact, comparing the industry-wide standard exists for hazardous substances). Nothing in these worst-case scenario release of 150 grams servicing appliances using hydrocarbon final listing decisions, including the from retail food refrigeration end-uses, refrigerants. or 57 grams from household Comment: EPA received two ‘‘Further Information’’ column, refrigeration end-uses, to one and one- comments on this issue, one opposing supersedes other regulations such as these OSHA requirements. third pound, respectively, of CO2 and one supporting. Neither commenter equivalent. Another commenter stated provided a rationale for its Comment: Another commenter that isobutane is not dangerous, but recommendation. recommended that the use conditions in should not be vented in enclosed Response: As described elsewhere, the final rule address the use of an spaces. Another commenter supported a and consistent with the proposal, EPA odorant as a warning agent to alert venting exemption during servicing, but is finding the three hydrocarbon manufacturing personnel or technicians advocated recovery at end-of-life due to refrigerants acceptable subject to use of the presence of a leak. Without environmental risks associated with the conditions. recommending how the issue should be release of refrigerant and oil captured in addressed in this final rule, the the refrigerant. Finally, a commenter M. Other Comments on Proposed Rule commenter offered the following stated that the environmental impact Comment: In a comment unrelated to observations: from venting such small charges is the specifics of the proposed rule, one • Technicians or manufacturers may minimal and that safety concerns could commenter recommended consideration use mercaptan as an odor warning be better mitigated through a properly of the type of automated system it uses agent; designed and executed educational on its production line. This system • Mercaptan is corrosive and is program. One commenter expressed sounds a pre-warning alarm when 20 removed by filters and driers in reservations about allowing venting, and percent of the LFL is reached and shuts refrigeration systems; recommended further assessment of down the system if 40 percent of the • Refrigerant classification standards flammability risks as well as the LFL is reached. The commenter noted for Australia and New Zealand require potential risk associated with the release that this system conforms to the that Group A3 refrigerants be odorized

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or subject to alternative safety they are specified immediately before should only occur after the space has provisions. the corresponding label wording. EPA been properly ventilated. Response: EPA agrees that odorization believes this minor revision in the • Technicians should only use spark- is one way to alert manufacturing or regulatory language provides more proof tools when working refrigerators servicing personnel of the presence of a clarity and makes the use condition and freezers with R–600a, HCR–188C, hydrocarbon refrigerant. EPA’s risk easier to implement. and HCR–188C1. screen did not evaluate these Second, EPA is making a minor • Recovery equipment designed for refrigerants with the addition of an technical correction to the wording of flammable refrigerants should be used. odorant, nor did our proposed rule one of the labels. In the proposed rule, • Only technicians specifically address odorants in its discussion of one of the labels was to read as follows: trained in handling flammable refrigerant composition or in its ‘‘(b) Near the machine compartment: refrigerants should service refrigerators proposed use conditions. Today’s final ‘‘DANGER—Risk of Fire or Explosion. and freezers containing these rule does not prohibit the introduction Flammable Refrigerant Used. Do Not refrigerants. Technicians should gain an of an odorant into isobutane, propane, Use Mechanical Devices. To Be understanding of minimizing the risk of or R–441A refrigerant as long as the Repaired Only By Trained Service fire and the steps to use flammable refrigerant remains within purity Personnel. Do Not Puncture Refrigerant refrigerants safely. • specifications. The use conditions in Tubing.’’ In production facilities or other today’s final rule, such as red coloring facilities where large quantities of the and adherence to UL standards, provide The phrase ‘‘Do Not Use Mechanical refrigerant would be stored, proper ample safeguards to alert manufacturers, Devices’’ was included erroneously in safety precautions should be in place to service personnel, and customers of the the proposed requirement. EPA minimize the risk of explosion. These presence of a flammable refrigerant. recognizes that trained personnel may facilities should be equipped with need to use mechanical devices to proper ventilation systems to minimize VI. What other changes is EPA making service the machine compartment. We the risks of explosion and should be in the final rule? have removed that phrase from the use properly designed and operated to In addition to changes made in condition in the final listing decision, reduce possible ignition sources. response to comments, as described in making the condition consistent with • Room occupants should evacuate Section V above, EPA is making the the UL 250 and UL 471 requirements. the space immediately following the following minor changes: C. ‘‘Further Information’’ Column in accidental release of this refrigerant. A. Propane as Substitute for R–502 Listing Decisions The Agency did not receive any comments on these recommendations. EPA is revising the wording in the EPA is also modifying the EPA believes that they are appropriate Appendix R table to correct a recommendations listed under ‘‘Further and that they serve as useful reminders typographical error. As discussed above, Information’’ to more appropriately of safe practices for technicians and this final rule lists propane as cross-reference existing OSHA manufacturers. EPA recognizes that acceptable subject to use conditions as regulations and to avoid confusion some of these recommendations are a substitute for CFC–12, HCFC–22, and about the relationship between EPA and reflected in OSHA regulations for R–502 in the retail food refrigeration OSHA requirements. worker health and safety. For this end-use. In the NPRM, the proposed The proposed rule contained, under reason, EPA is adding a cross-reference Appendix R table erroneously omitted ‘‘Further Information,’’ the following to OSHA regulations at 29 CFR part R–502 (a blend of HCFC–22 and CFC– recommendations: 1910 (Occupational Health and Safety • 115) from the listing, although it was Technicians and equipment Standards) in order to ensure that included in the preamble discussion. manufacturers should wear appropriate regulated entities are aware of these This final rule corrects the error by personal protective equipment, requirements. Specifically, Appendix R including R–502 as one of the including chemical goggles and provides a cross-reference to 29 CFR refrigerants for which propane is listed protective gloves when handling 1910.106 (flammable and combustible as a substitute in the retail food isobutane, HCR–188C, and HCR–188C1. liquids), 1910.110 (storage and handling refrigeration end-use. Special care should be taken to avoid of liquefied petroleum gases), 1910.157 B. Wording of Use Conditions for contact with the skin since isobutane, (portable fire extinguishers), and Labeling HCR–188C, and HCR–188C1 like many 1910.1000 (toxic and hazardous refrigerants, can cause freeze burns on substances). The use conditions in the proposed the skin. rule included requirements for marking • A class B dry powder type fire VII. Statutory and Executive Order (e.g., labeling) of appliances using extinguisher should be kept nearby. Reviews isobutane and HCR–188C1 (i.e., R– • Proper ventilation should be A. Executive Order 12866: Regulatory 441A) in the household refrigeration maintained at all times during the Planning and Review and Executive end-use, and propane in the retail food manufacture of appliances containing Order 13563: Improving Regulation and refrigeration end-use. EPA intended that hydrocarbon refrigerant through Regulatory Review language to mirror that of the UL adherence to good manufacturing Under Executive Order 12866 (58 FR standards. We are making two minor practices as per 29 CFR 1910.110.33 If 51735, October 4, 1993), this action is a changes to this requirement. refrigerant levels in the air surrounding First, we are restructuring the ‘‘significant regulatory action.’’ It raises the equipment rise above one-fourth of language for the requirement. The novel legal or policy issues arising out the lower flammability limit, the space language of the proposed rule first listed of legal mandates, the President’s should be evacuated, and re-entry the wording required for five different priorities, or the principles set forth in types of labels, and then described the Executive Order. Accordingly, EPA 33 OSHA regulations at 29 CFR 1910.110 consider where each of the labels was to be ventilation adequate ‘‘when the concentration of the submitted this action to the Office of placed. For the final rule, we have gas in a gas-air mixture does not exceed 25 percent Management and Budget (OMB) for moved the location requirements, so of the lower flammable limit.’’ review under Executive Orders 12866

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and 13563 (76 FR 3821, January 21, impact of concern is any significant directly to facilities that use these 2011) and any changes made in adverse economic impact on small substances and not to governmental response to OMB recommendations entities, since the primary purpose of entities. The finding of ‘‘acceptability have been documented in the docket for the regulatory flexibility analyses is to subject to use conditions’’ for isobutane, this action. identify and address regulatory propane, and R–441A does not impact alternatives ‘‘which minimize any B. Paperwork Reduction Act the private sector because significant economic impact of the rule manufacturers are not producing This action does not impose any new on small entities.’’ 5 U.S.C. 603 and 604. systems under the current regulation. information collection burden. This Thus, an agency may certify that a rule This final rule does not mandate a final rule is an Agency determination. It will not have a significant economic switch to these substitutes; contains no new requirements for impact on a substantial number of small consequently, there is no direct reporting. The Office of Management entities if the rule relieves regulatory economic impact on entities from this and Budget (OMB) has previously burden, or otherwise has a positive rulemaking. approved the information collection economic effect on all of the small requirements contained in the existing entities subject to the rule. The E. Executive Order 13132: Federalism regulations in subpart G of 40 CFR part requirements of this final rule affect the This action does not have federalism 82 under the provisions of the manufacturers of household implications. It will not have substantial Paperwork Reduction Act, 44 U.S.C. refrigerators and freezers and retail food direct effects on the States, on the 3501 et seq. and has assigned OMB refrigerators and freezers. Today’s action relationship between the national control number 2060–0226. This allows users the additional options of government and the States, or on the Information Collection Request (ICR) using isobutane, propane, and R–441A, distribution of power and included five types of respondent but does not mandate such use. Because responsibilities among the various reporting and recordkeeping activities isobutane, propane, and R–441A levels of government, as specified in pursuant to SNAP regulations: refrigeration systems are not yet Executive Order 13132. This regulation Submission of a SNAP petition, filing a manufactured in the U.S. (with the applies directly to facilities that use SNAP/TSCA Addendum, notification exception of limited test-marketing), these substances and not to for test marketing activity, and because the final rule actually governmental entities. Thus Executive recordkeeping for substitutes acceptable imposes fewer requirements than the Order 13132 does not apply to this subject to use restrictions, and proposed rule (i.e., removal of the action. recordkeeping for small-volume uses. unique fittings requirement), The OMB control numbers for EPA’s manufacturers would not be required to F. Executive Order 13175: Consultation regulations are listed in 40 CFR part 9 change business practices to meet the and Coordination With Indian Tribal and 48 CFR Chapter 15.C. use conditions and thus the rule would Governments C. Regulatory Flexibility Act not impose any new costs on small This action does not have tribal entities. implications, as specified in Executive The Regulatory Flexibility Act (RFA) Order 13175 (65 FR 67249, November 9, D. Unfunded Mandates Reform Act generally requires an agency to prepare 2000). It will not have substantial direct a regulatory flexibility analysis of any This action contains no Federal effects on tribal governments, on the rule subject to notice and comment mandates under the provisions of Title relationship between the Federal rulemaking requirements under the II of the Unfunded Mandate Reform Act government and Indian tribes, or on the Administrative Procedure Act or any of 1995 (UMRA), 2 U.S.C. 1531–1538 for distribution of power and other statute unless the agency certifies State, local, or tribal governments or the responsibilities between the Federal that the rule will not have a significant private sector. This action imposes no government and Indian tribes, as economic impact on a substantial enforceable duty on any State, local, or specified in Executive Order 13175. number of small entities. Small entities tribal governments or the private sector. Thus, Executive Order 13175 does not include small businesses, small The enforceable requirements of this apply to this action. organizations, and small governmental final rule related to integrating risk jurisdictions. For purposes of assessing mitigation devices, markings, and G. Executive Order 13045: Protection of the impacts of this rule on small procedures for maintaining the safety of Children From Environmental Health entities, small entity is defined as: (1) A household refrigerators and freezers and and Safety Risks small business as defined by Small retail food refrigerators and freezers This action is not subject to Executive Business Administration regulations at using hydrocarbon refrigerants affect Order 13045 (62 FR 19885, April 23, 13 CFR 121.201; (2) a small only small number of manufacturers of 1997) because it is not economically governmental jurisdiction that is a these appliances and their technicians. significant as defined in Executive government of a city, county, town, This rule provides additional refrigerant Order 12866, and because the Agency school district or special district with a options, allowing greater flexibility for does not believe the environmental population of less than 50,000; and (3) industry in designing consumer health or safety risks addressed by this a small organization that is any not-for- products. Further, since appliances action present a disproportionate risk to profit enterprise which is independently using hydrocarbon refrigerants are not children. This final rule provides both owned and operated and is not yet widely produced in the U.S., we do regulatory restrictions and dominant in its field. not expect impacts on existing users. recommended guidelines based upon After considering the economic Thus this rule is not subject to the risk screens conducted in order to impacts of this final rule on small requirements of sections 202 or 205 of reduce risk of fire and explosion. entities, I certify that this action will not the UMRA. This action is also not have a significant economic impact on subject to the requirements of section H. Executive Order 13211: Actions That a substantial number of small entities. 203 of UMRA because it contains no Significantly Affect Energy Supply, In determining whether a rule has a regulatory requirements that might Distribution, or Use significant economic impact on a significantly or uniquely affect small This action is not a ‘‘significant substantial number of small entities, the governments. This regulation applies energy action’’ as defined in Executive

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Order 13211 (66 FR 28355 (May 22, environmental effects of their programs, Propellant, and Fire Protection 2001)) because it is not likely to have a policies, and activities on minority Applications. Final Report to the significant adverse effect on the supply, populations and low-income Alliance for Responsible Atmospheric distribution, or use of energy. Policy, March 21, 2002. Available online populations in the United States. at http://www.arap.org/adlittle/4.html. Preliminary information indicates that EPA has determined that this final Accessed on October 13, 2011. appliances using these hydrocarbon rule will not have disproportionately AHRI, 2008. Air-Conditioning, Heating, and refrigerants may be more energy- high and adverse human health or Refrigeration Institute, AHRI Guideline efficient than currently available environmental effects on minority or N–2008: Assignment of Refrigerant systems in some climates. Therefore, we low-income populations because it Colors. 2008. have concluded that this rule is not increases the level of environmental ASHRAE, 2010. American National likely to have any adverse energy protection for all affected populations Standards Institute (ANSI)/American effects. Society of Heating, Refrigerating and Air- without having any disproportionately Conditioning Engineers (ASHRAE). high and adverse human health or I. National Technology Transfer and Standard 34–2010: Designation and Advancement Act environmental effects on any Safety Classification of Refrigerants. population, including any minority or 2010. (Supersedes ANSI/ASHRAE Section 12(d) of the National low-income population. This final rule Standard 34–2007.) Technology Transfer and Advancement would allow sale of appliances with A.S. Trust & Holdings, Inc., 2007. Significant Act of 1995 (‘‘NTTAA’’), Public Law refrigerant substitutes that have no ODP New Alternatives Policy Program 104–113, (15 U.S.C. 272 note) directs and low GWPs. The reduction in ODS Submission to the United States Environmental Protection Agency. June EPA to use voluntary consensus and GHG emissions would assist in standards in its regulatory activities 2007. restoring the stratospheric ozone layer A.S. Trust & Holdings, Inc., 2009. HCR–188C unless to do so would be inconsistent and provide climate benefits. New Composition. Follow-up to the with applicable law or otherwise HCR–188C Significant New Alternatives impractical. Voluntary consensus K. Congressional Review Act Policy Program Submission to the United standards are technical standards (e.g., The Congressional Review Act, 5 States Environmental Protection Agency. materials specifications, test methods, U.S.C. 801 et seq., as added by the Small August 2009. sampling procedures, and business Business Regulatory Enforcement Ben and Jerry’s, 2008. Ben and Jerry’s/ practices) that are developed or adopted Fairness Act of 1996, generally provides Unilever, Significant New Alternatives by voluntary consensus standards Policy Program Submission to the United that before a rule may take effect, the States Environmental Protection Agency, bodies. The NTTAA directs EPA to agency promulgating the rule must October 2008. provide Congress, through OMB, submit a rule report, which includes a EPA, 1994. Significant New Alternatives explanations when the Agency decides copy of the rule, to each House of the Policy Technical Background Document: not to use available and applicable Congress and to the Comptroller General Risk Screen on the Use of Substitutes for voluntary consensus standards. of the United States. EPA will submit a Class I Ozone-Depleting Substances: This final rule involves incorporation report containing this rule and other Refrigeration and Air Conditioning. by reference of technical standards required information to the U.S. Senate, Stratospheric Protection Division. March, 1994. issued by Underwriters Laboratories the U.S. House of Representatives, and (UL) concerning the safety and GE, 2008. General Electric. Significant New the Comptroller General of the United Alternatives Policy Program Submission reliability of flammable refrigerants. UL States prior to publication of the rule in to the United States Environmental standards are voluntary consensus the Federal Register. A major rule Protection Agency, October 2008. standards. The use conditions in the cannot take effect until 60 days after it Greenpeace, 1997. ‘‘Greenfreeze A rule require, for the household is published in the Federal Register. Revolution in Domestic Refrigeration.’’ refrigeration end-use, adherence to the This action is not a ‘‘major rule’’ as Available online at http://archive. UL Standard for Household defined by 5 U.S.C. 804(2). This rule greenpeace.org/ozone/greenfreeze/. Refrigerators and Freezers, UL 250, 10th will be effective February 21, 2012. Accessed on October 13, 2011. edition, 1993, updated August 2000. ICF, 1997. ICF Consulting. Physiological The use conditions also require, for the VIII. References Effects of Alternative Fire Protection Agents—Hypoxic Atmospheres retail food refrigeration end-use, This preamble references the Conference. Proceedings of the adherence to the UL Standard for following documents, which are also in conference held May 22, 1997 in New Commercial Refrigerators and Freezers, the Air and Radiation Docket at the London, CT. UL 471, 10th edition, November 2010. address listed in Section I.B.1. Unless ICF, 2009a. ICF Consulting. ‘‘Significant New Copies of UL 250 and UL 471 may be specified otherwise, all documents are Alternatives Policy Program— purchased at http:// available electronically through the Refrigeration and Air Conditioning ulstandardsinfonet.ul.com/. Federal Docket Management System, Sector—Risk Screen on Substitutes for CFC–12 in Household Refrigerators and Docket # EPA–HQ–OAR–2009–0286. J. Executive Order 12898: Federal Household Freezers—Substitute: Actions To Address Environmental ACRIB, 2001. Guidelines for the Use of Isobutane.’’ May 22, 2009. Justice in Minority Populations and Hydrocarbon Refrigerants in Static ICF, 2009b. ICF Consulting. ‘‘Significant New Low-Income Populations Refrigeration and Air Conditioning Alternatives Policy Program— Systems. Air Conditioning and Refrigeration and Air Conditioning Executive Order 12898 (59 FR 7629 Refrigeration Industry Board. 2001. Sector—Risk Screen on Substitutes for (Feb. 16, 1994)) establishes federal A.D. Little, 1991. Risk Assessment of CFC–12, HCFC–22, and R502 in Retail executive policy on environmental Flammable Refrigerants for Use in Home Food Refrigeration—Substitute: justice. Its main provision directs Appliances (draft report). Arthur D. Propane.’’ May 26, 2009. federal agencies, to the greatest extent Little, Inc., for EPA, Division of Global ICF, 2009c. ICF Consulting. ‘‘Significant New practicable and permitted by law, to Change. September 10, 1991. Docket Alternatives Policy Program in the item EPA–HQ–OAR–2009–0286–0023. Household Refrigeration Sector—Risk make environmental justice part of their A.D. Little, 2002. Global Comparative Screen on Substitutes for CFC–12 and mission by identifying and addressing, Analysis of HFC and Alternative HCFC–22 in Household Refrigerators, as appropriate, disproportionately high Technologies for Refrigeration, Air Freezers and Window AC Units— and adverse human health or Conditioning, Foam, Solvent, Aerosol Substitute: HCR–188C.’’ July 17, 2009.

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ICF, 2009d. ICF Consulting. ‘‘Significant New Murray, D.M. 1997. ‘‘Residential House and at http://ozone.unep.org/ Alternatives Policy Program— Zone Volumes in the United States: Assessment_Panels/SAP/ Refrigeration and Air Conditioning Empirical and Estimated Parametric Scientific_Assessment_2010/ Sector—Risk Screen on Substitutes for Distributions.’’ Risk Analysis. 17(4): index.shtml. CFC–12 and HCFC–22 in Household 439–446. Refrigerators and Freezers—Substitute: ORNL, 1997. J. Sand, S. Fischer, and V. List of Subjects in 40 CFR Part 82 HCR–188C1.’’ November 6, 2009. Baxter, ‘‘Energy and Global Warming ICF, 2011a. ICF Consulting. ‘‘Significant New Impacts of HFC Refrigerants and Environmental protection, Alternatives Policy Program Emerging Technologies,’’ 1997, Oak Administrative practice and procedure, Refrigeration and Air Conditioning Ridge National Lab. Air pollution control, Incorporation by Sector—Risk Screen on Substitutes for RTOC, 2010. The 2010 Report of the United reference, Reporting and recordkeeping CFC–12 and HCFC–22 in Household Nations Environment Programme Refrigerators and Household Freezers— (UNEP)’s Refrigeration, Air Conditioning requirements. Substitute: Isobutane.’’ June 2011. and Heat Pumps Technical Options Dated: December 9, 2011. ICF, 2011b. ICF Consulting. ‘‘Significant New Committee (RTOC). Available online at Lisa P. Jackson, Alternatives Policy Program http://ozone.unep.org/teap/Reports/ Refrigeration and Air Conditioning RTOC/RTOC-Assessment-report- Administrator. Sector—Risk Screen on Substitutes for 2010.pdf. For the reasons set out in the CFC–12, HCFC–22 and R502 in Retail TEAP, 2010. United Nations Environment preamble, EPA is amending 40 CFR part Food Refrigeration—Substitute: Programme. Report of the Technology Propane.’’ June 2011. and Economic Assessment Panel. 82 as follows: ICF, 2011c. ICF Consulting. ‘‘Significant New Available online at http:// Alternatives Policy Program in the ozone.unep.org/teap/Reports/ PART 82—PROTECTION OF Household Refrigeration Sector—Risk TEAP_Reports/teap-2010-progress- STRATOSPHERIC OZONE Screen on Substitutes for CFC–12 and report-volume2-May2010.pdf. HCFC–22 in Household Refrigerators and UL, 2000. UL 250: Household Refrigerators ■ 1. The authority citation for part 82 Freezers—Substitute: R–441.’’ June 2011. and Freezers. 10th edition. Supplement continues to read as follows: ICF, 2011d. ICF Consulting. ‘‘Additional end- SA: Requirements for Refrigerators and use modeling for household refrigerators Freezers Employing a Flammable Authority: 42 U.S.C. 7414, 7601, 7671— and freezers.’’ July 2011. Refrigerant in the Refrigerating System. 7671q. IPCC/TEAP, 2005. Safeguarding the Ozone Underwriters Laboratories, Inc. August Layer and the Global Climate System: 25, 2000. Subpart G—Significant New Special Report of the Intergovernmental UL, 2010. UL 471. Commercial Refrigerators Alternatives Policy Program Panel on Climate Change. Edited by Bert and Freezers. 10th edition. Supplement Metz, Lambert Kuijpers, Susan Solomon, SB: Requirements for Refrigerators and ■ Stephen O. Andersen, Ogunlade Freezers Employing a Flammable 2. Subpart G is amended by adding Davidson, Jose Pons, David de Jager, Refrigerant in the Refrigerating System. Appendix R to read as follows: Tahl Kestin, Martin Manning and Leo Underwriters Laboratories, Inc. Meyer. Cambridge University Press. November 24, 2010. Appendix R to Subpart G of Part 82— 2005. Available online at: http:// World Meteorological Organization (WMO), Substitutes Subject to Use Restrictions www.ipcc.ch/pdf/special-reports/sroc/ 2011. WMO Scientific Assessment of Listed in the December 20, 2011 Final sroc_full.pdf. Ozone Depletion: 2010. Available online Rule, Effective February 21, 2012 SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS

End-use Substitute Decision Use conditions Further information

Household refrig- Isobutane (R–600a) Acceptable Subject These refrigerants may be used only in new Applicable OSHA requirements at 29 CFR erators, freezers, as a substitute for To Use Conditions. equipment designed specifically and clear- part 1910 must be followed, including and combination re- CFC–12 and ly identified for the refrigerant (i.e., none those at 29 CFR 1910.106 (flammable frigerators and HCFC–22. of these substitutes may be used as a and combustible liquids), 1910.110 (stor- freezers. R–441A as a sub- conversion or ‘‘retrofit’’ refrigerant for ex- age and handling of liquefied petroleum (New equipment only) stitute for CFC–12 isting equipment designed for a different gases), 1910.157 (portable fire extin- and HCFC–22 refrigerant) guishers), and 1910.1000 (toxic and haz- These refrigerants may be used only in a re- ardous substances). frigerator or freezer, or combination refrig- Proper ventilation should be maintained at erator and freezer, that meets all require- all times during the manufacture and stor- ments listed in Supplement SA to the 10th age of equipment containing hydrocarbon edition of the Underwriters Laboratories refrigerants through adherence to good (UL) Standard for Household Refrigerators manufacturing practices as per 29 CFR and Freezers, UL 250, dated 1993 up- 1910.106. If refrigerant levels in the air dated August 2000. In cases where the surrounding the equipment rise above final rule includes requirements more one-fourth of the lower flammability limit, stringent than those of the 10th edition of the space should be evacuated and re- UL 250, the appliance must meet the re- entry should occur only after the space quirements of the final rule in place of the has been properly ventilated. requirements in the UL Standard Technicians and equipment manufacturers The quantity of the substitute refrigerant should wear appropriate personal protec- (i.e., ‘‘charge size’’) shall not exceed 57 tive equipment, including chemical gog- grams (2.0 ounces) in any refrigerator, gles and protective gloves, when handling freezer, or combination refrigerator and isobutane and R–441A. Special care freezer for each circuit should be taken to avoid contact with the skin since these refrigerants, like many re- frigerants, can cause freeze burns on the skin.

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SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued

End-use Substitute Decision Use conditions Further information

A class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on refrigerators and freezers with isobutane and R–441A. Recovery equipment designed for flammable refrigerants should be used. Only technicians specifically trained in han- dling flammable refrigerants should serv- ice refrigerators and freezers containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Household refrig- Isobutane (R–600a) Acceptable Subject As provided in clauses SA6.1.1 and SA6.1.2 Room occupants should evacuate the space erators, freezers, as a substitute for To Use Conditions. of UL Standard 250, the following mark- immediately following the accidental re- and combination re- CFC–12 and ings shall be attached at the locations lease of this refrigerant. frigerators and HCFC–22. provided and shall be permanent: If a service port is added then household re- freezers. R–441A as a sub- (a) On or near any evaporators that can be frigerators, freezers, and combination re- (New equipment only) stitute for CFC–12 contacted by the consumer: ‘‘DANGER- frigerator and freezers using these refrig- and HCFC–22 Risk of Fire or Explosion. Flammable Re- erants should have service aperture fit- frigerant Used. Do Not Use Mechanical tings that differ from fittings used in equip- Devices To Defrost Refrigerator. Do Not ment or containers using non-flammable Puncture Refrigerant Tubing.’’ refrigerant. ‘‘Differ’’ means that either the (b) Near the machine compartment: ‘‘DAN- diameter differs by at least 1/16 inch or GER-Risk of Fire or Explosion. Flam- the thread direction is reversed (i.e., right- mable Refrigerant Used. To Be Repaired handed vs. left-handed). These different Only By Trained Service Personnel. Do fittings should be permanently affixed to Not Puncture Refrigerant Tubing.’’ the unit at the point of service and main- (c) Near the machine compartment: ‘‘CAU- tained until the end-of-life of the unit, and TION—Risk of Fire or Explosion. Flam- should not be accessed with an adaptor. mable Refrigerant Used. Consult Repair Manual/Owner’s Guide Before Attempting To Service This Product. All Safety Pre- cautions Must be Followed.’’ (d) On the exterior of the refrigerator: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (e) Near any and all exposed refrigerant tub- ing: ‘‘CAUTION—Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’ All of these markings shall be in letters no less than 6.4 mm (1⁄4 inch) high. The refrigerator, freezer, or combination re- frigerator and freezer must have red, Pantone® Matching System (PMS) #185 marked pipes, hoses, or other devices through which the refrigerant is serviced (typically known as the service port) to in- dicate the use of a flammable refrigerant. This color must be present at all service ports and where service puncturing or oth- erwise creating an opening from the re- frigerant circuit to the atmosphere might be expected (e.g., process tubes). The color mark must extend at least 2.5 centi- meters (1 inch) from the compressor and must be replaced if removed.

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SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued

End-use Substitute Decision Use conditions Further information

Retail food refrig- Propane (R–290) as a Acceptable subject to These refrigerants may be used only in new Applicable OSHA requirements at 29 CFR erators and freezers substitute for CFC– use conditions. equipment specifically designed and clear- part 1910 must be followed, including (stand-alone units 12, HCFC–22, and ly identified for the refrigerants (i.e., none those at 29 CFR 1910.94 (ventilation) and only). R–502. of these substitutes may be used as a 1910.106 (flammable and combustible liq- (New equipment only) conversion or ‘‘retrofit’’ refrigerant for ex- uids), 1910.110 (storage and handling of isting equipment designed for other refrig- liquefied petroleum gases), and erants). 1910.1000 (toxic and hazardous sub- These substitutes may only be used in stances). equipment that meets all requirements in Proper ventilation should be maintained at Supplement SB to the 10th edition of the all times during the manufacture and stor- Underwriters Laboratories (UL) Standard age of equipment containing hydrocarbon for Commercial Refrigerators and Freez- refrigerants through adherence to good ers, UL 471, dated November 2010. In manufacturing practices as per 29 CFR cases where the final rule includes re- 1910.106. If refrigerant levels in the air quirements more stringent than those of surrounding the equipment rise above the 10th edition of UL 471, the appliance one-fourth of the lower flammability limit, must meet the requirements of the final the space should be evacuated and re- rule in place of the requirements in the UL entry should occur only after the space Standard. has been properly ventilated. The charge size for the retail food refrig- Technicians and equipment manufacturers erator or freezer shall not exceed 150 should wear appropriate personal protec- grams (5.3 ounces) in each circuit. tive equipment, including chemical gog- gles and protective gloves, when handling propane. Special care should be taken to avoid contact with the skin since propane, like many refrigerants, can cause freeze burns on the skin. A class B dry powder type fire extinguisher should be kept nearby. Technicians should only use spark-proof tools when working on refrigerators and freezers with propane. Recovery equipment designed for flammable refrigerants should be used. Only technicians specifically trained in han- dling flammable refrigerants should serv- ice refrigerators and freezers containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely. Retail food refrig- Propane (R–290) as a Acceptable subject to As provided in clauses SB6.1.2 to SB6.1.5 Room occupants should evacuate the space erators and freezers substitute for CFC– use conditions. of UL Standard 471, the following mark- immediately following the accidental re- (stand-alone units 12, HCFC–22, and ings shall be attached at the locations lease of this refrigerant. only). R–502. provided and shall be permanent: If a service port is added then household re- (New equipment only) (a) Attach on or near any evaporators that frigerators, freezers, and combination re- can be contacted by the consumer: frigerator and freezers using these refrig- ‘‘DANGER-Risk of Fire or Explosion. erants should have service aperture fit- Flammable Refrigerant Used. Do Not Use tings that differ from fittings used in equip- Mechanical Devices To Defrost Refrig- ment or containers using non-flammable erator. Do Not Puncture Refrigerant Tub- refrigerant. ‘‘Differ’’ means that either the ing.’’ diameter differs by at least 1/16 inch or (b) Attach near the machine compartment: the thread direction is reversed (i.e., right- ‘‘DANGER-Risk of Fire or Explosion. handed vs. left-handed). These different Flammable Refrigerant Used. To Be Re- fittings should be permanently affixed to paired Only By Trained Service Per- the unit at the point of service and main- sonnel. Do Not Puncture Refrigerant Tub- tained until the end-of-life of the unit, and ing.’’ should not be accessed with an adaptor. (c) Attach near the machine compartment: ‘‘CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Re- pair Manual/Owner’s Guide Before At- tempting To Service This Product. All Safety Precautions Must be Followed.’’ (d) Attach on the exterior of the refrigerator: ‘‘CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.’’ (e) Attach near any and all exposed refrig- erant tubing: ‘‘CAUTION—Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.’’ All of these markings shall be in letters no less than 6.4 mm (1⁄4 inch) high.

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SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued

End-use Substitute Decision Use conditions Further information

The refrigerator or freezer must have red, Pantone® Matching System (PMS) #185 marked pipes, hoses, and other devices through which the refrigerant is serviced, typically known as the service port, to in- dicate the use of a flammable refrigerant. This color must be present at all service ports and where service puncturing or oth- erwise creating an opening from the re- frigerant circuit to the atmosphere might be expected (e.g., process tubes). The color mark must extend at least 2.5 centi- meters (1 inch) from the compressor and must be replaced if removed. Note: In accordance with the limitations provided in section 310(a) of the Clean Air Act (42 U.S.C. 7610(a)), nothing in this table shall affect the Occupational Safe- ty and Health Administrations’ authority to promulgate and enforce standards and other requirements under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are incorporated by ref- erence, and the referenced sections are made part of the regulations in part 82: 1. UL 250: Household Refrigerators and Freezers. 10th edition. Supplement SA: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. August 25, 2000. 2. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of UL Standards 250 and 471 may be purchased by mail at: COMM 2000; 151 Eastern Avenue, Bensenville, IL 60106; Email: [email protected]; Telephone: 1 (888) 853–3503 in the U.S. or Canada (other countries dial +1 (415) 352–2168); Internet address: http://ulstandardsinfonet.ul.com/ or www.comm-2000.com. You may inspect a copy at U.S. EPA’s Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW., Washington DC or at the National Archives and Records Administration (NARA). For questions regarding access to these standards, the telephone number of EPA’s Air and Radiation Docket is (202) 566–1742. For information on the availability of this material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regula- tions/ibr_locations.html.

[FR Doc. 2011–32175 Filed 12–19–11; 8:45 am] ADDRESSES: Submit comments Defense Pentagon, Washington, DC BILLING CODE 6560–50–P identified by DFARS Case 2011–D046, 20301–3060. Telephone 703–602–0328; using any of the following methods: facsimile 703–602–0350.’’ Æ Regulations.gov: http:// SUPPLEMENTARY INFORMATION: DEPARTMENT OF DEFENSE www.regulations.gov. Submit comments via the Federal I. Background Defense Acquisition Regulations eRulemaking portal by inserting In order to implement section 846 of System ‘‘DFARS Case 2011–D046’’ under the the National Defense Authorization Act heading ‘‘Enter keyword or ID’’ and for Fiscal Year 2011 (Pub. L. 111–383), 48 CFR Parts 212, 225, and 252 selecting ‘‘Search.’’ Select the link this interim rule amends DFARS ‘‘Submit a Comment’’ that corresponds RIN 0750–AH43 subpart 225.70 by adding a new section with ‘‘DFARS Case 2011–D046.’’ Follow 225.7017, Utilization of domestic Defense Federal Acquisition the instructions provided at the ‘‘Submit photovoltaic devices, as well as an Regulation Supplement; Utilization of a Comment’’ screen. Please include your associated provision and clause in Domestic Photovoltaic Devices name, company name (if any), and DFARS part 252 and conforming (DFARS Case 2011–D046) ‘‘DFARS Case 2011–D046’’ on your changes to DFARS part 212. attached document. Photovoltaic devices produce direct AGENCY: Defense Acquisition Æ Email: [email protected]. Include current electricity from sunlight, which Regulations System, Department of DFARS Case 2011–D046 in the subject can be used to provide power to things Defense (DoD). line of the message. such as DoD-owned facilities or private ACTION: Interim rule. Æ Fax: 703–602–0350. housing. Æ Mail: Defense Acquisition As specified in section 846, a SUMMARY: DoD is issuing an interim rule Regulations System, Attn: Amy G. ‘‘covered contract’’ is defined in this to implement a section of the National Williams, OUSD (AT&L) DPAP/DARS, interim rule as an energy savings Defense Authorization Act for Fiscal Room 3B855, 3060 Defense Pentagon, performance contract, a utility service Year 2011. The section provides that Washington, DC 20301–3060. contract, or a private housing contract, photovoltaic devices to be utilized in Comments received generally will be if such contract will result in DoD performance of any covered contract posted without change to http:// ownership of photovoltaic devices, by shall comply with the Buy American www.regulations.gov, including any means other than DoD purchase as end statute, subject to the exceptions personal information provided. To products. DoD is deemed to own a provided in the Trade Agreements Act confirm receipt of your comment(s), photovoltaic device if the device is— of 1979 or otherwise provided by law. please check www.regulations.gov (1) Installed on DoD property or in a DATES: Effective date: December 20, approximately two to three days after facility owned by DoD; and 2011. submission to verify posting (except (2) Reserved for the exclusive use of Comment date: Comments on the allow 30 days for posting of comments DoD for the full economic life of the interim rule should be submitted in submitted by mail). device. writing to the address shown below on FOR FURTHER INFORMATION CONTACT: Prior to this definition, ownership or before February 21, 2012, to be Amy G. Williams, Defense Acquisition would have required transfer of title for considered in the formation of the final Regulations System, OUSD (AT&L) the equipment to the Government. rule. DPAP/DARS, Room 3B855, 3060 Under section 846, exclusive use of the

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power for the full economic life of the contracts for the acquisition of domestic photovoltaic devices under equipment equates to ownership and commercial items. certain covered contracts. would then require compliance with 41 The objective of the rule is to promote A. Applicability to Contracts at or Below U.S.C. chapter 83, Buy American, unless utilization of domestic photovoltaic the Simplified Acquisition Threshold DoD does not have exclusive rights to devices under an energy savings the power generated from the device 41 U.S.C. 1905 governs the contract, a utility service contract, or a (could be under any of the scenarios applicability of laws to contracts or private housing contract, if such identified in (1) or (2) above) or the subcontracts in amounts not greater contract does not include DoD purchase contract term is less than the full than the simplified acquisition of photovoltaic devices as end products, economic life of the photovoltaic threshold. It is intended to limit the but will nevertheless result in DoD device. applicability of laws to such contracts or ownership of photovoltaic devices. Land leases are not included in the subcontracts. 41 U.S.C. 1905 provides According to the statute, DoD is deemed DFARS definition of ‘‘covered contract,’’ that if a provision of law contains to own a photovoltaic device if the because the DFARS does not cover land criminal or civil penalties, or if the FAR device is— leases. Contracts that include purchase Council makes a written determination (1) Installed on DoD property or in a of photovoltaic devices as end products that it is not in the best interest of the facility owned by DoD; and are covered under the standard DFARS Federal Government to exempt contracts (2) Reserved for the exclusive use of Buy American—trade agreements or subcontracts at or below the SAT, the DoD for the full economic life of the provisions and clauses. law will apply to them. DoD has not device. Photovoltaic devices provided under made that determination. Therefore, this The legal basis for the rule is section any covered contract shall comply with rule does not apply below the simplified 846 of the National Defense the Buy American statute, subject to the acquisition threshold. Authorization Act for Fiscal Year 2011. exceptions to that statute provided in This rule generally applies to other the Trade Agreements Act of 1979 (19 B. Applicability to Contracts for the than small entities. When purchasing U.S.C. 2501 et seq.) or otherwise Acquisition of Commercial Items renewable power generated via on-site provided by law. 41 U.S.C. 1906 governs the photovoltaic devices, DoD can either Exceptions are provided for qualifying applicability of laws to contracts for the purchase the photovoltaic devices and country photovoltaic devices, Free acquisition of commercial items, and is thereby own, operate, and maintain the Trade Agreement or designated country intended to limit the applicability of devices for their full economic life photovoltaic devices (depending on the laws to contracts for the acquisition of (already covered in DFARS part 225) or estimated value of the photovoltaic commercial items. 41 U.S.C. 1906 can do variations of the following: devices), and other foreign photovoltaic provides that if a provision of law a. Enter into an energy savings devices, if covered by the Buy American contains criminal or civil penalties, or if performance contract, which is a statute and the cost of a domestic DoD makes a written determination that contracting method in which the photovoltaic device would be it is not in the best interest of the contractor provides capital to facilitate unreasonable (i.e., 50 percent more than Federal Government to exempt energy savings projects and maintains the cost of the foreign photovoltaic commercial item contracts, the them in exchange for a portion of the device). provision of law will apply to contracts energy savings generated. Under this for the acquisition of commercial items. arrangement, the Government would II. Executive Orders 12866 and 13563 Therefore, given that the requirements take title to the devices during contract Executive Orders (E.O.s) 12866 and of section 846 of the NDAA for FY 2011 performance or at the conclusion of the 13563 direct agencies to assess all costs were enacted to promote utilization of contract. For example, the Defense and benefits of available regulatory domestic photovoltaic devices, DoD has Logistics Agency-Energy uses the master alternatives and, if regulation is determined that it is in the best interest Department of Energy indefinite necessary, to select regulatory of the Federal Government to apply the delivery-indefinite quantity contract approaches that maximize net benefits rule to contracts for the acquisition of and awards task orders off that contract. (including potential economic, commercial items, as defined at FAR Of the 16 contractors, all are large environmental, public health and safety 2.101. An exception for contracts for the businesses. There are subcontracting effects, distributive impacts, and acquisition of commercial items would goals that each contractor has to meet, equity). E.O. 13563 emphasizes the exclude a significant portion of but the ultimate task order award is importance of quantifying both costs contracts intended to be covered by the made to a large business. and benefits, of reducing costs, of law, thereby undermining the b. Enter into a power purchase harmonizing rules, and of promoting overarching public policy purpose of agreement, also referred to as a utility flexibility. This is a significant the law. service contract, for the purchase of the regulatory action and, therefore, was power output of photovoltaic devices subject to review under section 6(b) of IV. Regulatory Flexibility Act that are installed on DoD land or E.O. 12866, Regulatory Planning and DoD expects that this interim rule buildings, but owned, operated, and Review, dated September 30, 1993. This may have a significant economic impact maintained by the contractor. At the rule is not a major rule under 5 U.S.C. on a substantial number of small entities conclusion of the contract, DoD would 804. within the meaning of the Regulatory either require the contractor to Flexibility Act, 5 U.S.C. 601, et seq. dismantle and remove the photovoltaic III. Determination of Applicability Therefore, an initial regulatory equipment, abandon the equipment in DoD has not made a determination to flexibility analysis has been prepared place, or would re-compete the apply the requirement of section 846 of and is summarized as follows: requirement and if the incumbent the National Defense Authorization Act This interim rule implements section contractor is the successful offeror, the (NDAA) for Fiscal Year (FY) 2011 to 846 of the National Defense follow-on contract would allow for contracts at or below the simplified Authorization Act for Fiscal Year 2011 continued power purchase from the acquisition threshold (SAT), but has (Pub. L. 111–383), by providing existing devices. If the incumbent determined to apply the rule to regulatory coverage on utilization of contractor is not the successful offeror,

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the contractor would be required to VI. Determination To Issue an Interim Subpart 225.70—Authorization Acts, dismantle and remove the devices. Rule Appropriations Acts, and Other Prime contractors for this type of A determination has been made under Statutory Restrictions on Foreign contract would generally be large the authority of the Secretary of Acquisition businesses, based on the capital costs Defense, that urgent and compelling Sec. involved in these projects. However, reasons exist to publish an interim rule many developers tend to subcontract * * * * * prior to affording the public an 225.7017 Utilization of domestic out the majority of work to smaller opportunity to comment. This interim companies. photovoltaic devices. rule implements section 846 of the 225.7017–1 Definitions. We do not currently have data National Defense Authorization Act for 225.7017–2 Restriction. available on whether any of the Fiscal Year 2011. This requirement 225.7017–3 Exceptions. manufacturers of photovoltaic devices became effective upon enactment, 225.7017–4 Solicitation provisions and are small entities. This rule will January 7, 2011. This action is necessary contract clauses. promote utilization of domestic in order to enable contracting officers to photovoltaic devices, even when the 225.7017 Utilization of domestic prevent violations of the Anti- photovoltaic devices. Government does not take title to the Deficiency Act by inadvertent award of devices. a covered contract that does not contain 225.7017–1 Definitions. The requirements of the rule will not the appropriate restrictions with regard As used in this section— apply below the simplified acquisition to country of origin of photovoltaic Covered contract means an energy threshold. devices to be utilized in performance of savings performance contract, a utility Since the prime contractors subject to the contract. Failure to implement this service contract, or a private housing this rule are large businesses, the requirement promptly can also have contract awarded by DoD, if such reporting requirements will not impact adverse effects on the U.S. photovoltaic contract results in DoD ownership of small entities. Since the photovoltaic industry, which this statute was photovoltaic devices, by means other devices are commercially available off- designed to protect. However, pursuant than DoD purchase as end products. the-shelf items, there will be no to 41 U.S.C. 1707 and FAR 1.501–3(b), DoD is deemed to own a photovoltaic requirement to track to the origin of the DoD will consider public comments device if the device is— components, but just to inform the received in response to this interim rule (1) Installed on DoD property or in a prime contractor of the place of in the formation of the final rule. facility owned by DoD; and manufacture. (2) Reserved for the exclusive use of The rule does not duplicate, overlap, List of Subjects in 48 CFR Parts 212, DoD for the full economic life of the or conflict with any other Federal rules. 225, and 252 device. DoD did not identify any significant Government procurement. Designated country photovoltaic alternatives that would accomplish the device, domestic photovoltaic device, Ynette R. Shelkin, objectives of the statute. foreign photovoltaic device, Free Trade DoD invites comments from small Editor, Defense Acquisition Regulations Agreement country photovoltaic device, System. business concerns and other interested photovoltaic device, qualifying country parties on the expected impact of this Therefore, 48 CFR parts 212, 225, and photovoltaic device, and U.S.-made rule on small entities. 252 are amended as follows: photovoltaic device are defined in the DoD will also consider comments ■ 1. The authority citation for 48 CFR clause at 252.225–7017, Photovoltaic from small entities concerning the parts 212, 225, and 252 continues to Devices. existing regulations in subparts affected read as follows: 225.7017–2 Restriction. by this rule in accordance with 5 U.S.C. Authority: 41 U.S.C. 1303 and 48 CFR In accordance with section 846 of the 610. Interested parties must submit such chapter 1. National Defense Authorization Act for comments separately and should cite 5 Fiscal Year 2011, photovoltaic devices PART 212—ACQUISITION OF U.S.C. 610 (DFARS Case 2011–D046), in provided under any covered contract COMMERCIAL ITEMS correspondence. shall comply with 41 U.S.C. chapter 83, V. Paperwork Reduction Act ■ 2. Amend section 212.301 in Buy American, subject to the exceptions to that statute provided in the Trade The rule imposes an information paragraph by redesignating paragraphs Agreements Act of 1979 (19 U.S.C. 2501 collection requirement that requires the (f)(iv)(F) through (L) as paragraphs et seq.) or otherwise provided by law. approval of the Office of Management (f)(iv)(G) through (M), and adding new and Budget under 44 U.S.C. chapter 35. paragraph (f)(iv)(F) to read as follows: 225.7017–3 Exceptions. However, the new DFARS provision at 212.301 Solicitation provisions and DoD requires the contractor to utilize 252.225–7018, Photovoltaic Devices— contract clauses for the acquisition of domestic photovoltaic devices in Certificate, does not impose additional commercial items. covered contracts, with the following information collection requirements to (f) * * * exceptions: the paperwork burden previously (iv) * * * (a) Qualifying country. Qualifying approved under OMB Control Number (F) Use the provision at 252.225– country photovoltaic devices may be 0704–0229, entitled ‘‘Defense Federal 7018, Photovoltaic Devices—Certificate, utilized in any covered contract, Acquisition Regulation Supplement Part as prescribed in 225.7017–4(b). because 225.103(a)(i)(A) provides an 225, Foreign Acquisition, and related * * * * * exception to the Buy American Act for clauses,’’ currently approved through products of qualifying countries, as November 30, 2013, in the amount of PART 225—FOREIGN ACQUISITION defined in 225.003. 147,944 hours. The proposed provision (b) Buy American–unreasonable cost. is a variant of the Buy American-trade ■ 3. Add sections 225.7017 through For a covered contract that utilizes agreements provisions that are already 225.7017–4 to subpart 225.70 to read as photovoltaic devices valued at less than cleared. follows: $203,000, the exception for

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unreasonable cost may apply (see FAR 252.225–7017 Photovoltaic Devices. Nevis, St. Lucia, St. Vincent and the 25.103(c)). If the cost of a foreign As prescribed in 225.7017–4(a), use Grenadines, Sint Eustatius, Sint Maarten, or photovoltaic device plus 50 percent is the following clause: Trinidad and Tobago). less than the cost of a domestic Designated country photovoltaic device Photovoltaic Devices (DEC 2011) means a WTO GPA country photovoltaic photovoltaic device, then the foreign device, a Free Trade Agreement country photovoltaic device may be utilized. (a) Definitions. As used in this clause— photovoltaic device, a least developed (c) Trade agreements. (1) Free Trade Bahrainian photovoltaic device means an country photovoltaic device, or a Caribbean Agreements. For a covered contract that article that— Basin country photovoltaic device. utilizes photovoltaic devices valued at (i) Is wholly manufactured in Bahrain; or Domestic photovoltaic device means a $25,000 or more, photovoltaic devices (ii) In the case of an article that consists in photovoltaic device manufactured in the whole or in part of materials from another may be utilized from a country covered United States. country, has been substantially transformed Foreign photovoltaic device means a under the acquisition by a Free Trade in Bahrain into a new and different article of photovoltaic device other than a domestic Agreement, depending upon dollar commerce with a name, character, or use photovoltaic device. threshold (see FAR 25.4). distinct from that of the article or articles Free Trade Agreement country means (2) World Trade Organization— from which it was transformed. Australia, Bahrain, Canada, Chile, Costa Rica, Government Procurement Agreement. Canadian photovoltaic device means an Dominican Republic, El Salvador, Guatemala, For covered contracts that utilize article that has been substantially Honduras, Mexico, Morocco, Nicaragua, photovoltaic devices that are valued at transformed in Canada into a new and Peru, or Singapore. $203,000 or more, only U.S.-made different article of commerce with a name, Free Trade Agreement country character, or use distinct from that of the photovoltaic device means an article that— photovoltaic devices, designated article or articles from which it was (i) Is wholly manufactured in a Free Trade country photovoltaic devices, or transformed. Agreement country; or qualifying country photovoltaic devices Caribbean Basin country photovoltaic (ii) In the case of an article that consists in may be utilized. device means an article that— whole or in part of materials from another (i) Is wholly manufactured in a Caribbean country, has been substantially transformed 225.7017–4 Solicitation provisions and Basin country; or in a Free Trade Agreement country into a contract clauses. (ii) In the case of an article that consists in new and different article of commerce with (a)(1) Use the clause at 252.225–7017, whole or in part of materials from another a name, character, or use distinct from that Photovoltaic Devices, in solicitations for country, has been substantially transformed of the article or articles from which it was a contract that— in a Caribbean Basin country into a new and transformed. (i) Is expected to exceed the different article of commerce with a name, Least developed country photovoltaic simplified acquisition threshold; and character, or use distinct from that of the device means an article that— (ii) May be a covered contract, i.e., an article or articles from which it was (i) Is wholly manufactured in a least transformed. developed country; or energy savings performance contract, a Designated country means— (ii) In the case of an article that consists in utility service contract, or a private (i) A World Trade Organization whole or in part of materials from another housing contract awarded by DoD, if Government Procurement Agreement (WTO country, has been substantially transformed such contract results in DoD ownership GPA) country (Aruba, Austria, Belgium, in a least developed country into a new and of photovoltaic devices, by means other Bulgaria, Canada, Cyprus, Czech Republic, different article of commerce with a name, than DoD purchase as end products. Denmark, Estonia, Finland, France, Germany, character, or use distinct from that of the (2) Use the clause in the resultant Greece, Hong Kong, Hungary, Iceland, article or articles from which it was contract if it is a covered contract (i.e., Ireland, Israel, Italy, Japan, Korea (Republic transformed. of), Latvia, Liechtenstein, Lithuania, Moroccan photovoltaic device means an will result in DoD ownership of Luxembourg, Malta, Netherlands, Norway, article that— photovoltaic devices, by means other Poland, Portugal, Romania, Singapore, (i) Is wholly manufactured in Morocco; or than DoD purchase as end products). Slovak Republic, Slovenia, Spain, Sweden, (ii) In the case of an article that consists in (b) Use the provision at 252.225–7018, Switzerland, Taiwan (known in the World whole or in part of materials from another Photovoltaic Devices—Certificate, in Trade Organization as ‘‘the Separate Customs country, has been substantially transformed solicitations containing the clause at Territory of Taiwan, Penghu, Kinmen, and in Morocco into a new and different article 252.225–7017. Matsu’’ (Chinese Taipei)), or the United of commerce with a name, character, or use Kingdom); distinct from that of the article or articles PART 252—SOLICITATION (ii) A Free Trade Agreement country from which it was transformed. PROVISIONS AND CONTRACT (Australia, Bahrain, Canada, Chile, Costa Peruvian photovoltaic device means an CLAUSES Rica, Dominican Republic, El Salvador, article that— Guatemala, Honduras, Mexico, Morocco, (i) Is wholly manufactured in Peru; or ■ 4. Amend section 252.212–7001 by Nicaragua, Peru, or Singapore); (ii) In the case of an article that consists in redesignating paragraphs (b)(12) through (iii) A least developed country whole or in part of materials from another (Afghanistan, Angola, Bangladesh, Benin, country, has been substantially transformed (30) as paragraphs (b)(13) through (31), Bhutan, Burkina Faso, Burundi, Cambodia, in Peru into a new and different article of and adding new paragraph (b)(12) to Central African Republic, Chad, Comoros, commerce with a name, character, or use read as follows: Democratic Republic of Congo, Djibouti, East distinct from that of the article or articles Timor, Equatorial Guinea, Eritrea, Ethiopia, from which it was transformed. 252.212–7001 Contract Terms and Gambia, Guinea, Guinea-Bissau, Haiti, Photovoltaic device means a device that Conditions Required to Implement Statutes Kiribati, Laos, Lesotho, Liberia, Madagascar, converts light directly into electricity through or Executive Orders Applicable to Defense Malawi, Maldives, Mali, Mauritania, a solid-state, semiconductor process. Acquisitions of Commercial Items. Mozambique, Nepal, Niger, Rwanda, Samoa, Qualifying country means any country * * * * * Sao Tome and Principe, Senegal, Sierra listed in the definition of ‘‘qualifying (b) * * * Leone, Solomon Islands, Somalia, Tanzania, country’’ at 225.003 of the Defense Federal (12) ___252.225–7017, Photovoltaic Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Acquisition Regulation Supplement Devices (DEC 2011) (Section 846 of Pub. Zambia); or (DFARS). L. 111–383). (iv) A Caribbean Basin country (Antigua Qualifying country photovoltaic device and Barbuda, Aruba, Bahamas, Barbados, means a photovoltaic device manufactured in * * * * * Belize, Bonaire, British Virgin Islands, a qualifying country. ■ 5. Add sections 252.225–7017 and Curacao, Dominica, Grenada, Guyana, Haiti, United States means the 50 States, the 252.225–7018 to read as follows: Jamaica, Montserrat, Saba, St. Kitts and District of Columbia, and outlying areas.

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U.S.-made photovoltaic device means a or Peruvian photovoltaic device), the (2) If more than $3,000 but less than photovoltaic device that— Contractor shall utilize a qualifying country $25,000— (i) Is manufactured in the United States; or photovoltaic device; a Free Trade Agreement ___ (i) The offeror certifies that each (ii) Is substantially transformed in the country photovoltaic device (other than a photovoltaic device to be utilized in United States into a new and different article Bahrainian, Moroccan, or Peruvian performance of the contract is a domestic of commerce with a name, character, or use photovoltaic device), or, at the Contractor’s photovoltaic device or a qualifying country distinct from that of the article or articles option, a domestic photovoltaic device; or photovoltaic device [Offeror to specify from which it was transformed. (4) $203,000 or more, then the Contractor country of origin ______]; or WTO GPA country photovoltaic device shall utilize under this contract only U.S.- ___ (ii) The foreign (other than qualifying means an article that— made, qualifying country, or designated country) photovoltaic devices to be utilized (i) Is wholly manufactured in a WTO GPA country photovoltaic devices. in performance of the contract are the country; or ______(End of clause) product of . [Offeror to specify (ii) In the case of an article that consists in country of origin, if known, and provide whole or in part of materials from another 252.225–7018 Photovoltaic Devices— documentation that the cost of a domestic country, has been substantially transformed Certificate. photovoltaic device would be unreasonable in a WTO GPA country into a new and in comparison to the cost of the proposed different article of commerce with a name, As prescribed in 225.7017–4(b), use foreign photovoltaic device.] character, or use distinct from that of the the following provision: (3) If $25,000 or more but less than article or articles from which it was $70,079— transformed. Photovoltaic Devices—Certificate (DEC ___ (i) The offeror certifies that each (b) This clause implements section 846 of 2011) photovoltaic device to be utilized in the National Defense Authorization Act for (a) Definitions. Bahrainian photovoltaic performance of the contract is a domestic Fiscal Year 2011 (Pub. L. 111–383). device, Canadian photovoltaic device, photovoltaic device; a qualifying country (c) Restriction. If the Contractor specified Caribbean Basin photovoltaic device, photovoltaic device; or a Canadian in its offer in the Photovoltaic Devices— designated country, domestic photovoltaic photovoltaic device [Offeror to specify Certificate provision of the solicitation that ______device, foreign photovoltaic device, Free country of origin ]; or the estimated value of the photovoltaic ___ Trade Agreement country, Free Trade (ii) The foreign (other than qualifying devices to be utilized in performance of this country or Canadian) photovoltaic devices to contract would be— Agreement photovoltaic device, least developed country photovoltaic device, be utilized in performance of the contract are (1) More than $3,000 but less than $25,000, the product of ______. [Offeror to specify then the Contractor shall utilize only Moroccan photovoltaic device, Peruvian photovoltaic device, photovoltaic device, country of origin, if known, and provide domestic or qualifying country photovoltaic documentation that the cost of a domestic devices unless, in its offer, it specified qualifying country, qualifying country photovoltaic device, United States, U.S.- photovoltaic device would be unreasonable utilization of other foreign photovoltaic in comparison to the cost of the proposed devices in paragraph (c)(2)(ii) of the made photovoltaic device, and WTO GPA country photovoltaic device have the foreign photovoltaic device.] Photovoltaic Devices—Certificate provision (4) If $70,079 or more but less than of the solicitation; meanings given in the Photovoltaic Devices clause of this solicitation. $203,000— (2) $25,000 or more but less than $70,079, ___(i) The offeror certifies that each then the Contractor shall utilize in the (b) Restrictions. The following restrictions photovoltaic device to be utilized in performance of this contract only domestic or apply, depending on the estimated value of performance of the contract is a domestic qualifying country photovoltaic devices any photovoltaic devices to be utilized under photovoltaic device; a qualifying country unless, in its offer, it specified utilization of a resultant contract: (except Australian or Canadian) photovoltaic Canadian or other foreign photovoltaic (1) If more than $3,000 but less than device; a Free Trade Agreement country devices in paragraph (c)(3)(ii) of the $203,000, then the Government will not photovoltaic device (other than a Bahrainian, Photovoltaic Devices—Certificate provision accept an offer specifying the use of other Moroccan, or Peruvian photovoltaic device) of the solicitation. If the Contractor certified foreign photovoltaic devices in paragraph (c)(2)(ii), (c)(3)(ii), or (c)(4)(ii) of this [Offeror to specify country of origin in its offer that it will utilize a qualifying ______provision, unless the offeror documents to ]; or country photovoltaic device or a Canadian ___ photovoltaic device, the Contractor shall the satisfaction of the Contracting Officer that (ii) The offered foreign photovoltaic utilize a qualifying country photovoltaic the price of the foreign photovoltaic device devices (other than those from countries plus 50 percent is less than the price of a listed in paragraph (c)(4)(i) of this provision) device, a Canadian photovoltaic device, or, at ______the Contractor’s option, a domestic comparable domestic photovoltaic device. are the product of . [Offeror to photovoltaic device; (2) If $203,000 or more, then the specify country of origin, if known, and (3) $70,079 or more but less than $203,000, Government will consider only offers that provide documentation that the cost of a then the Contractor shall utilize under this utilize photovoltaic devices that are U.S.- domestic photovoltaic device would be contract only domestic photovoltaic devices, made, qualifying country, or designated unreasonable in comparison to the cost of the qualifying country photovoltaic devices, or country photovoltaic devices. proposed foreign photovoltaic device.] Free Trade Agreement country photovoltaic (c) Certification and identification of (5) If $203,000 or more— ___ devices (other than Bahrainian, Moroccan, or country of origin. [The offeror shall check the The offeror certifies that each Peruvian photovoltaic devices), unless, in its block and fill in the blank for one of the photovoltaic device to be utilized in offer, it specified utilization of other foreign following paragraphs, based on the estimated performance of the contract is a U.S.-made, photovoltaic devices in paragraph (c)(4)(ii) of value and the country of origin of qualifying country, or designated country the Photovoltaic Devices—Certificate photovoltaic devices to be utilized in photovoltaic device. [Offeror to specify ______provision of the solicitation. If the Contractor performance of the contract:] country of origin .] ___ certified in its offer that it will utilize a (1) No photovoltaic devices will be (End of provision) qualifying country photovoltaic device or a utilized in performance of the contract, or Free Trade Agreement country photovoltaic such photovoltaic devices have an estimated [FR Doc. 2011–32396 Filed 12–19–11; 8:45 am] device (other than a Bahrainian, Moroccan, value of $3,000 or less. BILLING CODE 5001–06–P

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Proposed Rules Federal Register Vol. 76, No. 244

Tuesday, December 20, 2011

This section of the FEDERAL REGISTER For service information identified in Discussion contains notices to the public of the proposed this NPRM, contact Rolls-Royce issuance of rules and regulations. The Corporation Customer Support, P.O. We received reports of seven cases of purpose of these notices is to give interested Box 420, Indianapolis, IN 46206–0420; released turbine blades and shrouds due persons an opportunity to participate in the phone: (888) 255–4766 or (317) 230– to fatigue on certain RRC 250–C20, rule making prior to the adoption of the final –C20B, and –C20R/2 turboshaft engines. rules. 2720; fax: (317) 230–3381, email: [email protected], These cases resulted in loss of power and Web site: www.rolls-royce.com. You and engine IFSDs. This condition, if not DEPARTMENT OF TRANSPORTATION may review copies of the referenced corrected, could result in IFSDs. We are service information at the FAA, Engine proposing a one-time visual and FPI on Federal Aviation Administration & Propeller Directorate, 12 New England the 3rd stage turbine wheel, part Executive Park, Burlington, MA 01803. number (P/N) 23065818, and on the 4th 14 CFR Part 39 For information on the availability of stage turbine wheel, P/N 23055944. [Docket No. FAA–2011–0961; Directorate this material at the FAA, call (781) 238– Since the original approval of these Identifier 2011–NE–22–AD] 7125. parts, speed avoidance restrictions have Examining the AD Docket been established for these engines to RIN 2120–AA64 prevent fatigue damage. In trying to You may examine the AD docket on identify the cause of this failure, RRC Airworthiness Directives; Rolls-Royce the Internet at http:// Corporation Turboshaft Engines conducted an extensive product review. www.regulations.gov; or in person at the This product review determined the AGENCY: Federal Aviation Docket Management Facility between cause of the problem and instituted Administration (FAA), DOT. 9 a.m. and 5 p.m., Monday through corrective actions. However, latent ACTION: Notice of proposed rulemaking Friday, except Federal holidays. The AD damage may still be present. Therefore, (NPRM). docket contains this proposed AD, the this unsafe condition may still exist. regulatory evaluation, any comments SUMMARY: We propose to adopt a new received, and other information. The Relevant Service Information airworthiness directive (AD) for certain street address for the Docket Office We reviewed RRC Alert Commercial Rolls-Royce Corporation (RRC) 250– (phone: (800) 647–5527) is in the Engine Bulletin (CEB) No. CEB–A–1407, C20, –C20B, and –C20R/2 turboshaft ADDRESSES section. Comments will be Revision 1, dated February 7, 2011 and engines. This proposed AD was available in the AD docket shortly after CEB–A–72–4098, Revision 1, dated prompted by seven cases reported of receipt. February 7, 2011 (combined in one released turbine blades and shrouds, FOR FURTHER INFORMATION CONTACT: John document). Alert CEB–A–1407 which led to loss of power and engine Tallarovic, Aerospace Engineer, Chicago describes procedures for performing a in-flight shutdowns (IFSDs). This Aircraft Certification Office, FAA, 2300 one-time visual inspection and FPI on proposed AD would require a one-time E. Devon Ave., Des Plaines, IL 60018; the 3rd stage turbine wheel, P/N visual inspection and fluorescent phone: (847) 294–8180; fax: (847) 294– 23065818, and on the 4th stage turbine penetrant inspection (FPI) on certain 7834; email: [email protected]. wheel, P/N 23055944 for cracks in the 3rd and 4th stage turbine wheels for SUPPLEMENTARY INFORMATION: turbine blades on the model 250–C20 cracks in the turbine blades. We are and –C20B turboshaft engines. Alert proposing this AD to prevent failure of Comments Invited CEB–A–72–4098 describes procedures 3rd or 4th stage turbine wheel blades We invite you to send any written for performing a one-time visual which could cause engine failure and relevant data, views, or arguments about inspection and FPI on the 3rd stage damage to the airplane. this proposal. Send your comments to turbine wheel, P/N 23065818, and on DATES: We must receive comments on an address listed under the ADDRESSES the 4th stage turbine wheel, P/N this proposed AD by February 21, 2012. section. Include ‘‘Docket No. FAA– 23055944 for cracks in the turbine ADDRESSES: You may send comments, 2011–0961; Directorate Identifier 2011– blades on the model 250–C20R/2 using the procedures found in 14 CFR NE–22–AD’’ at the beginning of your turboshaft engine. 11.43 and 11.45, by any of the following comments. We specifically invite methods: comments on the overall regulatory, FAA’s Determination • Federal eRulemaking Portal: Go to economic, environmental, and energy We are proposing this AD because we http://www.regulations.gov. Follow the aspects of this proposed AD. We will evaluated all the relevant information instructions for submitting comments. consider all comments received by the • Fax: (202) 493–2251. closing date and may amend this and determined the unsafe condition • Mail: U.S. Department of proposed AD because of those described previously is likely to exist or Transportation, Docket Operations, comments. develop in other products of the same M–30, West Building Ground Floor, We will post all comments we type design. Room W12–140, 1200 New Jersey receive, without change, to http:// Proposed AD Requirements Avenue SE., Washington, DC 20590. www.regulations.gov, including any • Hand Delivery: Deliver to Mail personal information you provide. We This proposed AD would require address above between 9 a.m. and will also post a report summarizing each accomplishing the actions specified in 5 p.m., Monday through Friday, except substantive verbal contact we receive the service information described Federal holidays. about this proposed AD. previously.

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Costs of Compliance List of Subjects in 14 CFR Part 39 (g) Related Information We estimate that this proposed AD Air transportation, Aircraft, Aviation (1) For more information about this AD, safety, Incorporation by reference, contact John Tallarovic, Aerospace Engineer, would affect 500 RRC C250–C20, Chicago Aircraft Certification Office, FAA, –C20B, and –C20R/2 turboshaft engines Safety. 2300 E. Devon Ave., Des Plaines, IL 60018; installed on aircraft of U.S. registry. We The Proposed Amendment phone: (847) 294–8180; fax: (847) 294–7834; also estimate that it would take about 5 email: [email protected]. hours to perform a one-time visual Accordingly, under the authority (2) Rolls-Royce Corporation Alert inspection and FPI of the 3rd stage delegated to me by the Administrator, Commercial Engine Bulletin No. CEB–A– turbine wheel and the 4th stage turbine the FAA proposes to amend 14 CFR part 1407, Revision 1, dated February 7, 2011 and wheel for cracks in the turbine blades, 39 as follows: CEB–A–72–4098, Revision 1, dated February 7, 2011 (combined in one document) pertain for each engine. The average labor rate PART 39—AIRWORTHINESS to the subject of this AD. is $85 per work-hour. We anticipate no DIRECTIVES (3) For service information identified in required parts cost. Based on these this AD, contact Rolls-Royce Corporation figures, we estimate the total cost of the 1. The authority citation for part 39 Customer Support, P.O. Box 420, AD to U.S. operators to be $212,500. continues to read as follows: Indianapolis, IN 46206–0420; phone: (888) 255–4766 or (317) 230–2720; fax: (317) 230– Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. 3381; email: helicoptercustsupp@rolls- Title 49 of the United States Code § 39.13 [Amended] royce.com, and Web site: www.rolls- royce.com. You may review copies of the specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding referenced service information at the FAA, rules on aviation safety. Subtitle I, the following new airworthiness Engine & Propeller Directorate, 12 New section 106, describes the authority of directive (AD): England Executive Park, Burlington, MA the FAA Administrator. Subtitle VII: Rolls-Royce Corporation (Formerly Allison 01803. For information on the availability of Aviation Programs, describes in more Engine Company and Allison Gas this material at the FAA, call (781) 238–7125. detail the scope of the Agency’s Turbine Division of General Motors): Issued in Burlington, Massachusetts, on authority. Docket No. FAA–2011–0961; Directorate December 14, 2011. We are issuing this rulemaking under Identifier 2011–NE–22–AD. Thomas A. Boudreau, the authority described in Subtitle VII, (a) Comments Due Date Acting Manager, Engine & Propeller Part A, Subpart III, Section 44701: Directorate, Aircraft Certification Service. We must receive comments by February ‘‘General requirements.’’ Under that 21, 2012. [FR Doc. 2011–32491 Filed 12–19–11; 8:45 am] section, Congress charges the FAA with BILLING CODE 4910–13–P promoting safe flight of civil aircraft in (b) Affected ADs air commerce by prescribing regulations None. for practices, methods, and procedures (c) Applicability DEPARTMENT OF TRANSPORTATION the Administrator finds necessary for safety in air commerce. This regulation This AD applies only to Rolls-Royce Federal Aviation Administration Corporation 250–C20, –C20B, and –C20R/2 is within the scope of that authority turboshaft engines with 3rd stage turbine because it addresses an unsafe condition wheel, part number (P/N) 23065818, and 4th 14 CFR Part 71 that is likely to exist or develop on stage turbine wheel, P/N 23055944. [Docket No. FAA–2011–1262; Airspace products identified in this rulemaking Docket No. 11–ANM–25] action. (d) Unsafe Condition This AD was prompted by seven cases Proposed Amendment of Class E Regulatory Findings reported of released turbine blades and Airspace; Lamar, CO We determined that this proposed AD shrouds, which led to loss of power and engine in-flight shutdowns. We are issuing AGENCY: Federal Aviation would not have federalism implications this AD to prevent failure of 3rd or 4th stage Administration (FAA), DOT. under Executive Order 13132. This turbine wheel blades which could cause ACTION: Notice of proposed rulemaking proposed AD would not have a engine failure and damage to the airplane. substantial direct effect on the States, on (NPRM). (e) Compliance the relationship between the national SUMMARY: This action proposes to Government and the States, or on the Comply with this AD within the compliance times specified, unless already amend Class E airspace at Lamar distribution of power and Municipal Airport, Lamar, CO. responsibilities among the various done. (1) Remove the 3rd stage turbine wheel, P/ Decommissioning of the Lamar Tactical levels of government. N 23065818, and the 4th stage turbine wheel, Air Navigation System (TACAN) has For the reasons discussed above, I P/N 23055944, at the next 1,750-hour made this action necessary for the safety certify this proposed regulation: overhaul. and management of Instrument Flight (1) Is not a ‘‘significant regulatory (2) Perform a one-time visual inspection Rules (IFR) operations at the airport. action’’ under Executive Order 12866, and a fluorescent penetrant inspection on the This action also would adjust the 3rd and 4th stage turbine wheels for cracks geographic coordinates of the airport. (2) Is not a ‘‘significant rule’’ under at the trailing edge of the turbine blades near the DOT Regulatory Policies and the fillet at the rim. DATES: Comments must be received on Procedures (44 FR 11034, February 26, (3) If any cracks in the trailing edge near or before February 3, 2012. 1979), the rim are detected, do not return the wheel ADDRESSES: Send comments on this (3) Will not affect intrastate aviation to service. proposal to the U.S. Department of in Alaska, and (f) Alternative Methods of Compliance Transportation, Docket Operations, (4) Will not have a significant (AMOCs) M–30, West Building Ground Floor, economic impact, positive or negative, The Manager, Chicago Aircraft Room W12–140, 1200 New Jersey on a substantial number of small entities Certification Office, FAA, may approve Avenue SE., Washington, DC 20590; under the criteria of the Regulatory AMOCs for this AD. Use the procedures telephone (202) 366–9826. You must Flexibility Act. found in 14 CFR 39.19 to make your request. identify FAA Docket No. FAA–2011–

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1262; Airspace Docket No. 11–ANM–25, www.faa.gov/airports_airtraffic/ significant economic impact on a at the beginning of your comments. You air_traffic/publications/ substantial number of small entities may also submit comments through the airspace_amendments/. under the criteria of the Regulatory Internet at You may review the public docket Flexibility Act. http://www.regulations.gov. containing the proposal, any comments The FAA’s authority to issue rules FOR FURTHER INFORMATION CONTACT: received, and any final disposition in regarding aviation safety is found in Eldon Taylor, Federal Aviation person in the Dockets Office (see the Title 49 of the U.S. Code. Subtitle 1, Administration, Operations Support ADDRESSES section for the address and section 106, describes the authority for Group, Western Service Center, 1601 phone number) between 9 a.m. and the FAA Administrator. Subtitle VII, Lind Avenue SW., Renton, WA 98057; 5 p.m., Monday through Friday, except Aviation Programs, describes in more telephone (425) 203–4537. federal holidays. An informal docket detail the scope of the agency’s may also be examined during normal SUPPLEMENTARY INFORMATION: authority. This rulemaking is business hours at the Northwest promulgated under the authority Comments Invited Mountain Regional Office of the Federal described in subtitle VII, part A, subpart Aviation Administration, Air Traffic Interested parties are invited to I, section 40103. Under that section, the Organization, Western Service Center, participate in this proposed rulemaking FAA is charged with prescribing Operations Support Group, 1601 Lind by submitting such written data, views, regulations to assign the use of the Avenue SW., Renton, WA 98057. or arguments, as they may desire. airspace necessary to ensure the safety Persons interested in being placed on of aircraft and the efficient use of Comments that provide the factual basis a mailing list for future NPRMs should supporting the views and suggestions airspace. This regulation is within the contact the FAA’s Office of Rulemaking, scope of that authority as it would presented are particularly helpful in (202) 267–9677, for a copy of Advisory developing reasoned regulatory modify controlled airspace at Lamar Circular No. 11–2A, Notice of Proposed Municipal Airport, Lamar, CO. decisions on the proposal. Comments Rulemaking Distribution System, which are specifically invited on the overall describes the application procedure. List of Subjects in 14 CFR Part 71 regulatory, aeronautical, economic, environmental, and energy-related The Proposal Airspace, Incorporation by reference, Navigation (air). aspects of the proposal. The FAA is proposing an amendment Communications should identify both to Title 14 Code of Federal Regulations The Proposed Amendment docket numbers (FAA Docket No. FAA (14 CFR) part 71 by amending Class E Accordingly, pursuant to the 2011–1262 and Airspace Docket No. 11– airspace extending upward from 700 authority delegated to me, the Federal ANM–25) and be submitted in triplicate feet above the surface at Lamar Aviation Administration proposes to to the Docket Management System (see Municipal Airport, Lamar, CO. Airspace amend 14 CFR part 71 as follows: ADDRESSES section for address and reconfiguration is necessary due to the phone number). You may also submit decommissioning of the Lamar TACAN. PART 71—DESIGNATION OF CLASS A, comments through the Internet at http:// The geographic coordinates of the B, C, D AND E AIRSPACE AREAS; AIR www.regulations.gov. airport would also be updated to TRAFFIC SERVICE ROUTES; AND Commenters wishing the FAA to coincide with the FAA’s aeronautical REPORTING POINTS acknowledge receipt of their comments database. Controlled airspace is on this action must submit with those necessary for the safety and 1. The authority citation for 14 CFR comments a self-addressed stamped management of IFR operations at the part 71 continues to read as follows: postcard on which the following airport. Authority: 49 U.S.C. 106(g), 40103, 40113, statement is made: ‘‘Comments to FAA Class E airspace designations are 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Docket No. FAA–2011–1262 and published in paragraph 6005, of FAA 1963 Comp., p. 389. Airspace Docket No. 11–ANM–25’’. The Order 7400.9V, dated August 9, 2011, § 71.1 [Amended] postcard will be date/time stamped and and effective September 15, 2011, which returned to the commenter. is incorporated by reference in 14 CFR 2. The incorporation by reference in All communications received on or 71.1. The Class E airspace designation 14 CFR Part 71.1 of the Federal Aviation before the specified closing date for listed in this document will be Administration Order 7400.9V, Airspace comments will be considered before published subsequently in this Order. Designations and Reporting Points, taking action on the proposed rule. The The FAA has determined this dated August 9, 2011, and effective proposal contained in this action may proposed regulation only involves an September 15, 2011 is amended as be changed in light of comments established body of technical follows: received. All comments submitted will regulations for which frequent and Paragraph 6005 Class E airspace areas be available for examination in the routine amendments are necessary to extending upward from 700 feet or more public docket both before and after the keep them operationally current. above the surface of the earth. closing date for comments. A report Therefore, this proposed regulation; (1) * * * * * summarizing each substantive public Is not a ‘‘significant regulatory action’’ ANM CO E5 Lamar, CO [Amended] contact with FAA personnel concerned under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Lamar Municipal Airport, CO with this rulemaking will be filed in the ° ′ ″ ° ′ ″ docket. Regulatory Policies and Procedures (44 (Lat. 38 04 11 N., long. 102 41 19 W.) FR 11034; February 26, 1979); and (3) That airspace extending upward from 700 Availability of NPRMs does not warrant preparation of a feet above the surface within a 6.8-mile An electronic copy of this document regulatory evaluation as the anticipated radius of the Lamar Municipal Airport and within 3.1 miles each side of the Lamar may be downloaded through the impact is so minimal. Since this is a Municipal Airport 001° bearing extending Internet at http://www.regulations.gov. routine matter that will only affect air from the 6.8-mile radius to 16.5 miles north Recently published rulemaking traffic procedures and air navigation, it of the airport; that airspace extending documents can also be accessed through is certified this proposed rule, when upward from 1,200 feet above the surface the FAA’s web page at http:// promulgated, would not have a beginning on the Colorado/Kansas state

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boundary at lat. 38°34′00″ N.; thence along Dated: December 5, 2011. comment page containing a comment the Colorado/Kansas state boundary to lat. Dennis M. Keefe, form will be posted on the Copyright ° ′ ″ ° ′ ″ 37 11 00 N.; to lat. 37 11 00 N., long. Director, Office of Food Additive Safety, Office Web site at http:// 103°24″00″ W.; to lat. 38°34′00″ N., long. Center for Food Safety and Applied Nutrition. www.copyright.gov/1201/comment- ° ′ ″ 103 24 00 W.; thence to the point of [FR Doc. 2011–32542 Filed 12–19–11; 8:45 am] forms. The online form contains fields beginning. BILLING CODE 4160–01–P for required information including the Issued in Seattle, Washington, on name and organization of the December 12, 2011. commenter, as applicable, and the John Warner, LIBRARY OF CONGRESS ability to upload comments as an attachment. To meet accessibility Manager, Operations Support Group, Western standards, all comments must be Service Center. Copyright Office uploaded in a single file in either the [FR Doc. 2011–32501 Filed 12–19–11; 8:45 am] 37 CFR Part 201 Adobe Portable Document File (PDF) BILLING CODE 4910–13–P format that contains searchable, [Docket No. RM 2011–7] accessible text (not an image); Microsoft Exemption to Prohibition on Word; WordPerfect; Rich Text Format Circumvention of Copyright Protection (RTF); or ASCII text file format (not a DEPARTMENT OF HEALTH AND scanned document). The maximum file HUMAN SERVICES Systems for Access Control Technologies size is 6 megabytes (MB). The name of the submitter and organization should Food and Drug Administration AGENCY: Copyright Office, Library of appear on both the form and the face of Congress. the comments. All comments will be 21 CFR Part 172 ACTION: Notice of proposed rulemaking. posted publicly on the Copyright Office web site exactly as they are received, [Docket No. FDA–2011–F–0765] SUMMARY: The United States Copyright along with names and organizations. If Office (‘‘Office’’) seeks comments on electronic submission of comments is Nexira; Filing of Food Additive Petition proposals to exempt certain classes of not feasible, please contact the works from the prohibition on Copyright Office at 202–707–8380 for AGENCY: Food and Drug Administration, circumvention of technological special instructions. HHS. measures that control access to FOR FURTHER INFORMATION CONTACT: Ben copyrighted works. The Office has ACTION: Notice of petition. Golant, Assistant General Counsel, initiated a rulemaking proceeding in Copyright GC/I&R, P.O. Box 70400, accordance with provisions added by SUMMARY: Washington, DC 20024–0400. The Food and Drug the Digital Millennium Copyright Act Administration (FDA) is announcing Telephone (202) 707–8380; telefax: (‘‘DMCA’’) which provide that the (202) 707–8366. that Nexira has filed a petition Librarian of Congress (‘‘Librarian’’), SUPPLEMENTARY INFORMATION: On proposing that the food additive upon the recommendation of the regulations be amended to provide for September 29, 2011, the Office Register of Copyrights, may exempt published a Notice of Inquiry in the the expanded safe use of acacia gum certain classes of works from the (gum arabic) in food. Federal Register to initiate the fifth prohibition against circumvention. The triennial rulemaking proceeding FOR FURTHER INFORMATION CONTACT: purpose of this proceeding is to required by § 1201(a)(1)(C) of the Celeste Johnston, Center for Food Safety determine whether there are particular Copyright Act. See 76 FR 60398 (Sept. and Applied Nutrition (HFS–265), Food classes of works as to which users are, 29, 2011). That notice requested and Drug Administration, 5100 Paint or are likely to be, adversely affected in comments from interested parties Branch Pkwy., College Park, MD 20740– their ability to make noninfringing uses proposing classes of works that should 3835, (240) 402–1282. due to the prohibition on be considered for exemption for the next circumvention. This notice publishes three-year period. The Office received SUPPLEMENTARY INFORMATION: Under the the classes of works received by the Federal Food, Drug, and Cosmetic Act 20 separate filings, proposing 26 classes Office, which were proposed by several of works for exemption.1 On December (section 409(b)(5) (21 U.S.C. 348(b)(5))), parties in the comment period that notice is given that a food additive 5, 2011, the Copyright Office posted all ended on December 1, 2011. of the filings received (the ‘‘Proposed petition (FAP 1A4784) has been filed by DATES: Comments addressing the Classes of Works’’) on its Web site. See Nexira, c/o Keller and Heckman LLP, Proposed Classes of Works are due by http://www.copyright.gov/1201/2011/ 1001 G St. NW., Suite 500 West, 5 p.m. E.S.T., February 10, 2012. Reply initial/. In order to provide additional Washington, DC 20001. The petition comments addressing points made in notice to interested parties, the proposes to amend the food additive the initial comments are due by 5 p.m. Copyright Office is hereby publishing regulations in § 172.780 Acacia (gum E.S.T. on March 2, 2012. the Proposed Classes of Works with arabic) (21 CFR 172.780), to provide for ADDRESSES: All Proposed Classes of identification of the person(s) and/or the expanded safe use of acacia gum Works are available on the Copyright (gum arabic) in food. Office Web site at: http:// 1 This is an approximation based on the manner The Agency has determined under 21 www.copyright.gov/1201/2011/initial/ in which the proposed classes were articulated. In CFR 25.32(k) that this action is of a type some cases, the proposed class involved multiple and at the U.S. Copyright Office, James categories of works within the class that could have that does not individually or Madison Memorial Building, Room LM– been articulated as multiple classes. In other cases, cumulatively have a significant effect on 401, 101 Independence Avenue SE., there were multiple proposals that were variations the human environment. Therefore, Washington, DC. The Copyright Office on the same theme that could have been expressed neither an environmental assessment as one class. In addition, a number of parties strongly prefers that comments filed in proposed similar classes. The Office has chosen to nor an environmental impact statement response to the Proposed Classes of group together related classes in this Notice in order is required. Works be submitted electronically. A to help focus the many exemption requests.

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entities that proposed each class. In 6A. Computer programs, in the form infringe copyright, and the person certain instances, such as with of firmware or software, including data engaging in the circumvention believes proposals submitted by some used by those programs, that enable and has reasonable grounds for individuals who did not propose mobile devices to connect to a wireless believing that circumvention is specific language describing a Proposed communications network, when necessary to fulfill the purpose of the Class, the Office has fashioned language circumvention is initiated by the owner use. Proponent: The Electronic Frontier describing the Proposed Class based of the device to remove a restriction that Foundation. upon the substance of the submitted limits the device’s operability to a 7C. Audiovisual works that are comments. The Office is taking this limited number of networks, or lawfully made and acquired via online action, in part, to clarify the proposal to circumvention is initiated to connect to distribution services, where the best of the Office’s ability. The a wireless communications network. circumvention is undertaken for the Office encourages all persons Proponent: Consumers Union. purpose of extracting clips for inclusion responding to proposals to read the 6B. Computer programs, in the form in primarily noncommercial videos that entire comment, as submitted, to make of firmware or software, including data do not infringe copyright, and the an independent assessment of the class used by those programs, that enable person engaging in the circumvention proposed. wireless devices to connect to a wireless believes and has reasonable grounds for The comments received by the communications network, when believing that circumvention is Copyright Office propose the following circumvention is initiated by the owner necessary to fulfill the purpose of the classes: of the copy of the computer program use, and the works in question are not 1. Literary works in the public principally in order to connect to a readily available on DVD. Proponent: domain that are made available in wireless communications network and The Electronic Frontier Foundation. digital copies. Proponent: The Open access to such communications network 7D. Motion pictures that are lawfully made and acquired from DVDs Book Alliance. is authorized by the operator of such protected by the Content Scrambling 2. Literary works, distributed communications network. Proponent: System and Blu-Ray discs protected by electronically, that: (1) Contain digital Youghiogheny Communications, LLC. 6C. Computer programs, in the form Advanced Access Content System, or, if rights management and/or other access of firmware or software, including data the motion picture is not reasonably controls which either prevent the used by those programs, that enable available on DVD or Blu-Ray or not enabling of the book’s read-aloud wireless devices to connect to a wireless reasonably available in sufficient functionality or which interfere with communications network, when audiovisual quality on DVD or Blu-Ray, screen readers or other applications or circumvention is initiated by the owner then from digitally transmitted video assistive technologies that render the of the copy of the computer program protected by an authentication protocol text in specialized formats; and (2) are solely in order to connect to a wireless or by encryption, when circumvention legally obtained by blind or other communications network and access to is accomplished solely in order to persons with print disabilities (as such such communications network is incorporate short portions of motion persons are defined in section 121 of authorized by the operator of such pictures into new works for the purpose Title 17, United States Code), or are communications network. Proponents: of fair use, and when the person legally obtained by authorized entities MetroPCS Communications, Inc./RCA- engaging in circumvention reasonably (as defined in such section) distributing The Competitive Carriers Association believes that circumvention is necessary such work exclusively to such persons. (filing separately). to obtain the motion picture in the Proponent: American Council of the 7A. Motion pictures on DVDs that are following instances: (1) Documentary Blind and the American Foundation for lawfully made and acquired and that are filmmaking; OR (2) fictional the Blind. protected by the Content Scrambling filmmaking. Proponent: International 3. Computer programs that enable System when circumvention is Documentary Association, Kartemquin lawfully acquired video game consoles accomplished solely in order to Educational Films, Inc., National to execute lawfully acquired software accomplish the incorporation of short Alliance for Media Arts and Culture, applications, where circumvention is portions of motion pictures into new and Independent Filmmaker Project undertaken for the purpose of enabling works for the purpose of criticism or (filing jointly). interoperability of such applications comment, and where the person 7E. Motion pictures that are lawfully with computer programs on the gaming engaging in circumvention believes and made and acquired from DVDs console. Proponent: The Electronic has reasonable grounds for believing protected by the Content Scrambling Frontier Foundation. that circumvention is necessary to fulfill System or, if the motion picture is not 4. Computer programs that enable the the purpose of the use in the following reasonably available on or not installation and execution of lawfully instances: reasonably available in sufficient obtained software on a personal (i) Educational uses by college and audiovisual quality on DVD, then from computing device, where circumvention university professors and by college and digitally transmitted video protected by is performed by or at the request of the university film and media studies an authentication protocol or by device’s owner. Proponent: Software students; encryption, when circumvention is Freedom Foundation. (ii) Documentary filmmaking; accomplished solely in order to 5. Computer programs that enable (iii) Noncommercial videos. incorporate short portions of motion wireless telephone handsets Proponent: University of Michigan pictures into new works for the purpose (‘‘smartphones’’) and tablets to execute Library. of fair use, and when the person lawfully obtained software applications, 7B. Audiovisual works on DVDs that engaging in circumvention reasonably where circumvention is undertaken for are lawfully made and acquired and that believes that circumvention is necessary the purpose of enabling interoperability are protected by the Content Scrambling to obtain the motion picture for of such applications with computer System, where circumvention is multimedia e-book authorship. programs on the handset or tablet. undertaken for the purpose of extracting Proponent: Mark Berger, Bobette Buster, Proponent: The Electronic Frontier clips for inclusion in primarily Barnet Kellman, and Gene Rosow (filing Foundation. noncommercial videos that do not jointly) (contained in comment

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submitted by the International perceive such works. Proponent: developed and/or refined by the Documentary Association et al.). Telecommunications for the Deaf and Register in her final recommendation to 7F. Motion pictures on DVDs that are Hard of Hearing, Inc., Gallaudet the Librarian. lawfully made and acquired and that are University, and Participatory Culture This Notice hereby requests protected by the Content Scrambling Foundation (filing jointly). responsive written initial comments System when circumvention is 9C. Motion pictures and other from all interested parties, including accomplished solely in order to audiovisual works on fixed disc-based accomplish the incorporation of short media protected by technological representatives of copyright owners, portions of motion pictures into new measures that control access to such educational institutions, libraries and works for the purpose of criticism or works when circumvention is archives, scholars, researchers and comment, and where the person accomplished to facilitate the creation, members of the public, in order to elicit engaging in circumvention believes and improvement, or rendering of visual additional evidence either supporting or has reasonable grounds for believing representations or descriptions of opposing the classes of works proposed that circumvention is necessary to fulfill audible portions of such works for the for exemption. The forthcoming initial the purpose of educational uses by purpose of improving the ability of comment period allows the introduction college and university professors and by individuals who may lawfully access of additional factual information that college and university film and media such works to perceive such works. would assist the Office in assessing studies students. Proponent: Library Proponent: Telecommunications for the whether a Proposed Class is warranted Copyright Alliance. Deaf and Hard of Hearing, Inc., for exemption and, if it is, how such a 7G. Audiovisual works (optical discs, Gallaudet University, and Participatory class already proposed should be streaming media, and downloads) that Culture Foundation (filing jointly). properly tailored. Comments responsive are lawfully made and acquired when 9D. Motion pictures and other to the Proposed Classes may also circumvention is accomplished by audiovisual works on fixed disc-based suggest modest refinements to the college and university students or media protected by technological Proposed Classes and supply additional faculty (including teaching and research measures that control access to such evidence, but may not propose assistants) solely in order to incorporate works when circumvention is completely new classes of works. short portions of video into new works accomplished to facilitate the creation, It is important to reiterate that for the purpose of criticism or comment. improvement, or rendering of audible Proponents of the exemptions Proponent: Peter Decherney, Katherine representations or descriptions of visual Sender, Michael Delli Carpini, portions of such works for the purpose enumerated above should have International Communication of improving the ability of individuals presented their entire case in their Association, Society for Cinema and who may lawfully access such works to initial filings. A proponent of a Media Studies, and American perceive such works. particular class of works will not be Association of University Professors Telecommunications for the Deaf and permitted to submit an initial comment (filing jointly). Hard of Hearing, Inc., Gallaudet in support of that class in response to 8. Lawfully accessed audiovisual University, and Participatory Culture this Notice unless, at least 15 days works used for educational purposes by Foundation (filing jointly). before the deadline for comments (i.e., kindergarten through twelfth grade 10A. Motion pictures on lawfully before January 27, 2012), the proponent educators. Proponent: Media Education made and lawfully acquired DVDs that has submitted a written request for Lab at the Harrington School of are protected by the Content Scrambling permission to submit an initial Communication and Media at the System when circumvention is comment demonstrating good cause to University of Rhode Island. accomplished solely in order to permit the submission of the comment, 9A. Motion pictures and other accomplish the noncommercial space and the Office has approved the audiovisual works delivered via Internet shifting of the contained motion picture. submission of the comment. The protocol (IP) protected by technological Proponent: Public Knowledge. purpose of this requirement is to measures that control access to such 10B. Legally acquired digital media provide for the orderly presentation of works when circumvention is (motion pictures, sound recordings, and evidence and arguments, and to permit accomplished to facilitate the creation, e-books) for personal use and for the both proponents and opponents to improvement, or rendering of visual purposes of making back-up copies, present their best cases. See 76 FR representations or descriptions of format shifting, access, and transfer. 60398, 60403 (Sept. 29, 2011). audible portions of such works for the Proponents: Cassiopaea Tambolini, Persons submitting comments should purpose of improving the ability of Susan Fuhs, Kellie Heistand, Andy thoroughly review the Notice of Inquiry individuals who may lawfully access Kossowsky, and Curt Wiederhoeft (filing published in the Federal Register on such works to perceive such works. separately). September 29, 2011 to familiarize Proponent: Telecommunications for the These Proposed Classes of Works themselves with the substantive and Deaf and Hard of Hearing, Inc., represent a starting point for further formal requirements for the submission Gallaudet University, and Participatory consideration in this rulemaking of comments. Culture Foundation (filing jointly). proceeding. The Office does not 9B. Motion pictures and other represent that any particular class Reply comments may be submitted by audiovisual works delivered via Internet proposed for exemption will ultimately any person, including the initial protocol (IP) protected by technological be recommended by the Register of proponent of a Proposed Class of Works, measures that control access to such Copyrights to the Librarian of Congress. but should respond only to points made works when circumvention is Moreover, the delineation of any class in the initial comments. accomplished to facilitate the creation, as proposed by a commenter will be Dated: December 15, 2011. improvement, or rendering of audible considered in relation to the facts representations or descriptions of visual presented in the entire rulemaking Maria A. Pallante, portions of such works for the purpose process. To the extent that an exemption Register of Copyrights. of improving the ability of individuals is deemed warranted by the evidence, a [FR Doc. 2011–32509 Filed 12–19–11; 8:45 am] who may lawfully access such works to Proposed Class listed herein may be BILLING CODE 1410–30–P

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ENVIRONMENTAL PROTECTION City, Kansas 66101. Such deliveries are Division, U.S. Environmental Protection AGENCY only accepted during the Regional Agency, Region 7, 901 North 5th Street, Office normal hours of operation, and Kansas City, Kansas 66101. EPA 40 CFR Part 52 special arrangements should be made requests that if at all possible, you for deliveries of boxed information. The contact the person listed in the FOR [EPA–R07–OAR–2011–0627; FRL–9608–5] Regional Office official hours of FURTHER INFORMATION CONTACT section to Approval and Promulgation of business are Monday through Friday, schedule your inspection. The Regional Implementation Plans and 8:30 a.m. to 4:30 p.m., excluding Office’s official hours of business are Designations of areas for Air Quality Federal holidays. Monday through Friday, 8:30 to 4:30, Planning Purposes; Missouri and Instructions: Direct your comments to excluding Federal holidays. Illinois; St. Louis Nonattainment Area; Docket ID No. EPA–R07–OAR–2011– FOR FURTHER INFORMATION CONTACT: In Determination of Attainment by 0627. EPA’s policy is that all comments Region 7, Steven Brown, Atmospheric Applicable Attainment Date for the received will be included in the public Section, Air Planning And Development 1997 Annual Fine Particulate docket without change and may be Branch, Air and Waste Management Standards made available online at Division, U.S. Environmental Protection www.regulations.gov, including any Agency, Region 7, 901 North 5th Street, AGENCY: Environmental Protection personal information provided, unless Kansas City, Kansas 66101. Steven Agency (EPA). the comment includes information Brown may be reached by telephone at ACTION: Proposed rule. claimed to be Confidential Business (913) 551–7718 or via electronic mail at Information (CBI) or other information [email protected]. In Region 5, SUMMARY: EPA is proposing to whose disclosure is restricted by statute. John Summerhays, Attainment Planning determine, pursuant to the Clean Air Do not submit through and Maintenance Section, Air Programs Act (CAA), that the bi-state St. Louis, www.regulations.gov or email, Branch (AR 18J), U.S. Environmental Missouri-Illinois, fine particulate information that you consider to be CBI Protection Agency, Region 5, 77 West (PM2.5) nonattainment area (hereafter or otherwise protected. The Jackson Boulevard, Chicago, Illinois referred to as ‘‘the St. Louis area’’ or www.regulations.gov Web site is an 60604. The telephone number is (312) ‘‘the area’’) has attained the 1997 annual ‘‘anonymous access’’ system, which 886–6067. Mr. Summerhays can also be PM2.5 national ambient air quality means EPA will not know your identity reached via electronic mail at standards (NAAQS) by its applicable or contact information unless you [email protected]. attainment date of April 5, 2010. This provide it in the body of your comment. SUPPLEMENTARY INFORMATION: proposed determination is based on If you send an email comment directly quality-assured and certified monitoring to EPA without going through I. What action is EPA taking? data for the 2007–2009 monitoring www.regulations.gov, your email II. What is the background for this action? III. What is the air quality in the St. Louis period. Based on this data, EPA address will be automatically captured and included as part of the comment area for the 1997 annual PM2.5 NAAQS previously determined on May 23, 2011, for the 2007–2009 monitoring period? that the area attained the 1997 that is placed in the public docket and IV. What is the proposed action, and what is standards, and EPA suspended certain made available on the Internet. If you the effect of this action? planning requirements for the area submit an electronic comment, EPA V. Statutory and Executive Order Reviews recommends that you include your based on that determination. EPA is I. What action is EPA taking? now proposing to find that the St. Louis name and other contact information in area attained the 1997 annual PM2.5 the body of your comment and with any Based on EPA’s review of the quality- NAAQS by its applicable attainment disk or CD–ROM you submit. If EPA assured and certified monitoring data date. EPA is proposing this action cannot read your comment due to for 2007–2009, and in accordance with because it is consistent with the CAA technical difficulties and cannot contact section 179(c)(1) of the CAA, EPA and its implementing regulations. you for clarification, EPA may not be proposes to determine that the St. Louis able to consider your comment. area has attained the 1997 annual PM DATES: Comments must be received on 2.5 Electronic files should avoid the use of NAAQS by the applicable attainment or before January 19, 2012. special characters, any form of date of April 5, 2010. The St. Louis area ADDRESSES: Submit your comments, encryption, and be free of any defects or is comprised of Jefferson County, identified by Docket ID No. EPA–R07– viruses. For additional information Franklin County, St. Louis County, St. OAR–2011–0627, by one of the about EPA’s public docket visit the EPA Louis City, and St. Charles in Missouri, following methods: Docket Center homepage at http:// and Madison, Monroe and St. Clair 1. www.regulations.gov: Follow the www.epa.gov/epahome/dockets.htm. Counties, and Baldwin Township in on-line instructions for submitting Docket: All documents in the Randolph County in Illinois. comments. electronic docket are listed in the It is important to distinguish between 2. Email: [email protected] www.regulations.gov index. Although two different types of attainment 3. Fax: (913) 551–9460. listed in the index, some information is determinations that EPA makes for areas 4. Mail: Steven Brown, Atmospheric not publicly available, i.e., CBI or other that are designated nonattainment. Both Section, Air Planning and Development information whose disclosure is types require notice-and-comment Branch, Air and Waste Management restricted by statute. Certain other rulemaking. Division, U.S. Environmental Protection material, such as copyrighted material, (1) Determinations of attainment by Agency, Region 7, 901 North 5th Street, is not placed on the Internet and will be an area’s attainment date, and Kansas City, Kansas 66101. publicly available only in hard copy (2) Determinations of attainment for 5. Hand Delivery or Courier: Steven form. Publicly available docket purposes of suspending the State’s Brown, Atmospheric Section, Air materials are available either obligation to submit certain planning Planning and Development Branch, Air electronically in www.regulations.gov or SIPs linked to attainment. and Waste Management Division, U.S. in hard copy at the Atmospheric This proposed action is with respect Environmental Protection Agency, Section, Air Planning and Development to Type 1 above. The CAA requires EPA Region 7, 901 North 5th Street, Kansas Branch, Air Waste and Management to determine whether a nonattainment

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area has attained the standard as of its NAAQS by its applicable attainment applicable attainment date for any applicable attainment date. These date. This action is not a re-proposal of nonattainment area, but not later than 6 determinations of attainment provide a the prior attainment determination or of months after such date, the historical snapshot—they evaluate the effects of suspending the Administrator shall determine, based on attainment only as of an area’s requirements for the St. Louis area to the area’s air quality as of the attainment attainment deadline, and are issued to submit an attainment demonstration date, whether the area attained the comply with section 181(b)(2)of the and associated RACM, an RFP plan, standard by that date.’’ Today’s action CAA for ozone and sections 172 and 179 contingency measures, and other makes this determination. of the CAA for PM2.5. Determinations of planning SIP revisions related to attainment by an attainment deadline attainment of the standard. More III. What is the air quality in the St. are separate and independent of the information regarding the 1997 annual Louis area for the 1997 annual PM2.5 NAAQS for the 2007–2009 monitoring second type of attainment PM2.5 NAAQS and the area’s attainment determinations, as described below. of that NAAQS is available at 76 FR period? On May 23, 2010, EPA published a 29652 (May 23, 2011). A detailed Under EPA regulations at 40 CFR final rulemaking making a discussion of EPA’s review of the 50.7, the 1997 annual primary and determination that the St. Louis area monitoring data showing attainment of secondary PM2.5 standards are met attained the 1997 annual PM2.5 NAAQS the standard can be found in the March when the annual arithmetic mean based on quality-assured, quality 7, 2011 proposed action and the May 23, concentration, as determined in controlled and certified ambient air 2011 final action. monitoring data for the 2007–2009 accordance with 40 CFR part 50, monitoring period and thereby II. What is the background for this Appendix N, is less than or equal to suspended the requirements for the St. action? 15.0 micrograms per cubic meter (mg/ Louis area to submit an attainment On January 5, 2005, EPA designated m3) at all relevant monitoring sites in demonstration and associated the St. Louis area as nonattainment for the subject area. reasonably available control measures the 1997 annual PM2.5 NAAQS. (70 FR EPA reviewed the ambient air (RACM), a reasonable further progress 944) The designation was effective April monitoring data for the St. Louis area in (RFP) plan, contingency measures, and 5, 2005. Section 172(a) of the CAA accordance with the provisions of 40 other planning State Implementation requires a state to achieve attainment no CFR part 50, Appendix N. All data Plan (SIP) revisions related to later than 5 years from the considered have been quality-assured, attainment of the 1997 annual PM2.5 nonattainment designation. Thus, the certified, and recorded in EPA’s Air NAAQS so long as the area continues to St. Louis area had an applicable Quality System database. This review attain the 1997 Annual PM2.5 NAAQS. attainment date of April 5, 2010. addresses air quality data collected in See 76 FR 29652. Further information Pursuant to section 179(c) of the CAA, the 3-year period from 2007–2009. The regarding that action is available in the EPA is required to make a determination 3-year period from 2007–2009 provides notice proposing that action, published whether the area attained the standard the latest 3-year set of data that EPA on March 7, 2011, at 76 FR 12302. by its applicable attainment date. may use to determine whether the St. Today’s proposed action merely Specifically, section 179(c)(1) of the Louis area attained the standard by its makes a determination that the St. Louis CAA reads as follows: ‘‘As applicable attainment date of April 5, area has attained the 1997 annual PM2.5 expeditiously as practicable after the 2010.

TABLE 1—ANNUAL AVERAGE CONCENTRATIONS IN THE ST. LOUIS AREA (2007–2009)

[Annual PM2.5 design values for Saint Louis area monitors with complete data for 2007 to 2009]

Annual design State County Monitor Site name value 2007–2009

IL ...... Madison ...... 17–119–1007 23rd and Madison ...... 14.1 17–119–2009 1700 Annex St ...... 12.5 ...... 17–119–3007 54 N. Walcott ...... 12.5 Randolph ...... 17–157–0001 ...... 11.4 Saint Clair ...... 17–163–0010 13th and Tudor ...... 13.3 17–163–4001 1500 Caseyville Ave ...... 12.5 MO ...... City of Saint Louis ...... 29–510–0007 Broadway ...... 12.8 29–510–0085 Blair Street...... 12.7

As shown above in Table 1, during determination of attainment for the St. proposed action would not constitute a the 2007–2009 design period, the St. Louis area for the 1997 annual PM2.5 redesignation of the St. Louis area to Louis area met the 1997 annual PM2.5 NAAQS. See 76 FR 12302 and 76 FR attainment of 1997 annual PM2.5 NAAQS. The official annual design 29652. NAAQS under section 107(d)(3) of the value for the St. Louis area for the 2007– IV. What is the proposed action, and CAA because EPA would not have yet 2009 period is 14.1 mg/m3. More what is the effect of this action? approved a maintenance plan for the St. detailed information on the monitoring Louis area as required under CAA This action is a proposed data for the St. Louis area during the section 175A, nor a determination that determination that the St. Louis area has 2007–2009 design period is provided in the St. Louis area has met all other attained the 1997 annual PM2.5 NAAQS EPA’s March 7, 2011, proposed by its applicable attainment date of requirements for redesignation under rulemaking, and EPA’s May 23, 2011, April 5, 2010, consistent with the CAA the CAA. Even if EPA finalizes today’s final rulemaking regarding the section 179(c)(1). Finalizing this proposed action, the designation status

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of the St. Louis area will remain substantial direct costs on tribal or other information whose disclosure is nonattainment for the 1997 annual governments or preempt tribal law. restricted by statute. Information that PM NAAQS until such time as EPA you consider CBI or otherwise protected 2.5 List of Subjects in 40 CFR Part 52 determines that the CAA requirements should be clearly identified as such and for redesignation to attainment are met, Air pollution control, Environmental should not be submitted through and takes action to finalize that protection, Particulate matter, Reporting www.regulations.gov or email. determination through a redesignation. and recordkeeping requirements. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know V. Statutory and Executive Order Authority: 42 U.S.C. 7401 et seq. your identity or contact information Reviews Dated: November 1, 2011. unless you provide it in the body of Mark Hague, This action proposes to make a your comment. If you send email determination of attainment based on Acting Regional Administrator, Region 7. directly to EPA, your email address will air quality, and would not impose Dated: December 9, 2011. be automatically captured and included additional requirements beyond those Susan Hedman, as part of the public comment. If EPA imposed by state law. For that reason, Regional Administrator, Region 5. cannot read your comment due to this proposed action: [FR Doc. 2011–32561 Filed 12–19–11; 8:45 am] technical difficulties and cannot contact • Is not a ‘‘significant regulatory BILLING CODE 6560–50–P you for clarification, EPA may not be action’’ subject to review by the Office able to consider your comment. of Management and Budget under Electronic files should avoid the use of Executive Order 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION special characters, any form of October 4, 1993); AGENCY encryption, and be free of any defects or • Does not impose an information viruses. collection burden under the provisions 40 CFR Part 52 Docket: Generally, documents in the of the Paperwork Reduction Act (44 [EPA–R09–OAR–2011–0897; FRL–9499–8] docket for this action are available U.S.C. 3501 et seq.); • electronically at www.regulations.gov Is certified as not having a Revisions to the California State and in hard copy at EPA Region IX, 75 significant economic impact on a Implementation Plan, South Coast Air Hawthorne Street, San Francisco, substantial number of small entities Quality Management District California. While all documents in the under the Regulatory Flexibility Act docket are listed at (5 U.S.C. 601 et seq.); AGENCY: Environmental Protection • www.regulations.gov, some information Does not contain any unfunded Agency (EPA). may be publicly available only at the mandate or significantly or uniquely ACTION: Proposed rule. hard copy location (e.g., copyrighted affect small governments, as described material, large maps), and some may not in the Unfunded Mandates Reform Act SUMMARY: EPA is proposing to approve a revision to the South Coast Air Quality be publicly available in either location of 1995 (Pub. L. 104–4); (e.g., CBI). To inspect the hard copy • Does not have Federalism Management District (SCAQMD) portion of the California State Implementation materials, please schedule an implications as specified in Executive appointment during normal business Order 13132 (64 FR 43255, August 10, Plan (SIP). This revision concerns hours with the contact listed in the FOR 1999); oxides of nitrogen (NOX) and oxides of FURTHER INFORMATION CONTACT section. • Is not an economically significant sulfur (SOX) emissions from facilities FOR FURTHER INFORMATION CONTACT: regulatory action based on health or emitting 4 tons or more per year of NOX Lily safety risks subject to Executive Order or SOX in the year 1990 or any Wong, EPA Region IX, (415) 947–4114, 13045 (62 FR 19885, April 23, 1997); subsequent year under the SCAQMD’s [email protected]. • Is not a significant regulatory action Regional Clean Air Incentives Market SUPPLEMENTARY INFORMATION: This subject to Executive Order 13211 (66 FR (RECLAIM) program. We are approving proposal addresses the following local 28355, May 22, 2001); a local rule that regulates these emission rule: SCAQMD Rule 2005, New Source • Is not subject to requirements of sources under the Clean Air Act as Review for RECLAIM. In the Rules and section 12(d) of the National amended in 1990 (CAA or the Act). Regulations section of this Federal Technology Transfer and Advancement DATES: Any comments on this proposal Register, we are approving this local Act of 1995 (15 U.S.C. 272 note) because must arrive by January 19, 2012. rule in a direct final action without application of those requirements would ADDRESSES: Submit comments, prior proposal because we believe these be inconsistent with the CAA; and identified by docket number EPA–R09– SIP revisions are not controversial. If we • Does not provide EPA with the OAR–2011–0897, by one of the receive adverse comments, however, we discretionary authority to address, as following methods: will publish a timely withdrawal of the appropriate, disproportionate human 1. Federal eRulemaking Portal: direct final rule and address the health or environmental effects, using www.regulations.gov. Follow the on-line comments in subsequent action based practicable and legally permissible instructions. on this proposed rule. Please note that methods, under Executive Order 12898 2. Email: [email protected]. if we receive adverse comment on an (59 FR 7629, February 16, 1994). 3. Mail or deliver: Andrew Steckel amendment, paragraph, or section of In addition, this proposed (Air–4), U.S. Environmental Protection this rule and if that provision may be determination that the St. Louis area Agency Region IX, 75 Hawthorne Street, severed from the remainder of the rule, attained the 1997 annual average PM2.5 San Francisco, CA 94105–3901. we may adopt as final those provisions NAAQS by its applicable attainment Instructions: All comments will be of the rule that are not the subject of an date does not have tribal implications as included in the public docket without adverse comment. specified by Executive Order 13175 (65 change and may be made available We do not plan to open a second FR 67249, November 9, 2000), because online at www.regulations.gov, comment period, so anyone interested the SIPs are not approved to apply in including any personal information in commenting should do so at this Indian country located in the states, and provided, unless the comment includes time. If we do not receive adverse EPA notes that it will not impose Confidential Business Information (CBI) comments, no further activity is

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planned. For further information, please and Programs Division (D243–01), will be present during the public see the direct final action. Research Triangle Park, North Carolina hearing to record oral statements. All Dated: November 18, 2011. 27711; telephone: (919) 541–7966; fax information submitted to the EPA number: (919) 541–5450; email address: Jared Blumenfeld, during the public hearing and a [email protected] (preferred transcribed copy of the oral statements Regional Administrator, Region IX. method for registering). The last day to will be entered into the docket. [FR Doc. 2011–32476 Filed 12–19–11; 8:45 am] register to present oral testimony in The public hearing schedule, BILLING CODE 6560–50–P advance will be Friday, December 30, including lists of speakers, will be 2011. If using email, please provide the posted on the EPA’s Web site at http:// following information: the time you www.epa.gov/ttn/atw/rrisk/rtrpg.html. ENVIRONMENTAL PROTECTION wish to speak (afternoon or evening), Verbatim transcripts of the hearing and AGENCY name, affiliation, address, email address written statements will be included in 40 CFR Part 63 and telephone and fax numbers. Time the docket for the rulemaking. The EPA slot preferences will be given in the will make every effort to follow the [EPA–HQ–OAR–2010–1042; FRL–9609–1] order requests are received. Requests to schedule as closely as possible on the RIN 2060–AQ90 speak will be taken the day of each of day of the hearing; however, please plan the hearings at the hearing registration for the hearing to run either ahead of National Emission Standards for desk, although preferences on speaking schedule or behind schedule. times may not be able to be fulfilled. If Hazardous Air Pollutants for Wool How can I get copies of this document Fiberglass Manufacturing you will require the service of a translator, please let us know at the time and other related information? AGENCY: Environmental Protection of registration. The EPA has established a docket for Agency (EPA). Questions concerning the November the proposed rule, ‘‘National Emission ACTION: Proposed rule; notice of public 25, 2011, proposed rule should be Standards for Hazardous Air Pollutants: hearings and extension of public addressed to Susan Fairchild, Office of Wool Fiberglass Manufacturing Risk and comment period. Air Quality Planning and Standards, Technology Review,’’ under No. EPA– Sector Policies and Programs Division HQ–OAR–2010–1042, available at SUMMARY: The EPA published in the (D 243–04), Environmental Protection www.regulations.gov. Federal Register on November 25, 2011, Agency, Research Triangle Park, North the proposed rules, ‘‘National Emission Carolina 27711; telephone number: List of Subjects in 40 CFR Part 63 Standards for Hazardous Air Pollutants: (919) 541–5167; facsimile number: (919) Environmental protection, Mineral Wool Production and Wool 541–3207; email address: Administrative practice and procedure, Fiberglass Manufacturing.’’ The EPA [email protected]. Air pollution control, Hazardous was asked to hold a public hearing only Public hearing: The proposal for substances, Intergovernmental relations, on the wool fiberglass rule. Therefore, which the EPA is holding the public Reporting and recordkeeping EPA is making two announcements: hearing was published in the Federal requirements. first, a public hearing for the proposed Register on November 25, 2011, and is Dated: December 15, 2011. Wool Fiberglass Manufacturing rule will available at: http://www.epa.gov/ttn/ Mary E. Henigin, atw/rrisk/rtrpg.html and also in the be held on January 4, 2012 in Kansas Acting Director, Office of Air Quality Planning City Kansas, and second, the comment docket identified below. The public and Standards. hearing will provide interested parties period for the Wool Fiberglass [FR Doc. 2011–32630 Filed 12–19–11; 8:45 a.m.] Manufacturing proposed rules will be the opportunity to present oral BILLING CODE 6560–50–P extended until February 3, 2012. comments regarding the EPA’s proposed DATES: The public hearing will be held standards, including data, views or on January 4, 2012. Comments must be arguments concerning the proposal. The ENVIRONMENTAL PROTECTION EPA may ask clarifying questions during received by February 3, 2012. AGENCY the oral presentations, but will not ADDRESSES: The public hearing to be respond to the presentations at that 40 CFR Part 81 held on January 4, 2012, will be held at time. Written statements and supporting the Hilton Garden Inn, 520 Minnesota information submitted during the [EPA–HQ–OAR–2008–0476; FRL– 9608–6] Avenue, Kansas City, Kansas 66101; comment period will be considered EPA Responses to State and Tribal telephone: (913) 342–7900. with the same weight as any oral 2008 Ozone Designation The public hearing will convene at comments and supporting information 2 p.m. and will continue until 8 p.m. A presented at the public hearing. Recommendations: Notice of dinner break is scheduled from 5 p.m. Commenters should notify Ms. Garrett Availability and Public Comment until 6:30 p.m. The EPA will make if they will need specific equipment or Period every effort to accommodate all speakers if there are other special needs related AGENCY: Environmental Protection that arrive and register before 8 p.m. to providing comments at the public Agency (EPA). The EPA’s Web site for the rulemaking, hearing. The EPA will provide ACTION: which includes the proposal and Notice of availability and public equipment for commenters to make comment period. information about the hearings, can be computerized slide presentations if we found at: http://www.epa.gov/ttn/atw/ receive special requests in advance. Oral SUMMARY: Notice is hereby given that rrisk/rtrpg.html. testimony will be limited to 5 minutes the EPA has posted its responses to state FOR FURTHER INFORMATION CONTACT: If for each commenter. The EPA and tribal designation recommendations you would like to present oral testimony encourages commenters to bring a copy for the 2008 Ozone National Ambient at the public hearing, please contact Ms. of their oral testimony along with any Air Quality Standards (NAAQS) on the Pamela Garrett, U.S. Environmental other information supporting their Agency’s Internet Web site. The EPA Protection Agency, Office of Air Quality statements in electronic (via email or invites public comments on its Planning and Standards, Sector Policies CD) or in hard copy form. A recorder responses during the comment period

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specified in the DATES section. The EPA comment and with any disk or CD–ROM telephone (312) 886–6057, email at sent responses directly to the states and you submit. If the EPA is unable to read [email protected]. For questions tribes on or about December 9, 2011, your comment and cannot contact you about areas in the EPA Region 6, please and intends to make final designation for clarification due to technical contact Guy Donaldson, U.S. EPA, determinations for the 2008 Ozone difficulties, the EPA may not be able to telephone (214) 665–7242, email at NAAQS in spring 2012. consider your comment. Electronic files [email protected]. For questions DATES: Comments must be received on should avoid the use of special about areas in the EPA Region 7, please or before January 19, 2012. Please refer characters, any form of encryption, and contact Lachala Kemp, U.S. EPA, to SUPPLEMENTARY INFORMATION for be free of any defects or viruses. For telephone (913) 551–7214, email at additional information on the comment additional information about the EPA’s [email protected]. For questions period. public docket, visit the EPA Docket about areas in the EPA Region 8, please ADDRESSES: Submit your comments, Center homepage at http:// contact Scott Jackson, U.S. EPA, identified by Docket ID No. EPA–OAR– www.epa.gov/epahome/dockets.htm. telephone (303) 312–6107, email at HQ–2008–0476, by one of the following For additional instructions on [email protected]. For questions methods: submitting comments, go to Section II of about areas in the EPA Region 9, please • http://www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION section contact John J. Kelly, U.S. EPA, the online instructions for submitting of this document. telephone (415) 947–4151, email at comments. Docket: All documents in the docket [email protected]. For questions • Email: [email protected]. are listed in the www.regulations.gov about areas in EPA Region 10, please Attention Docket ID No. EPA–HQ–OAR– index. Although listed in the index, contact Claudia Vaupel, U.S. EPA, 2008–0476. some information is not publicly telephone (206) 553–6121, email at • Fax: (202) 566–9744. Attention available, i.e., confidential business [email protected]. Docket ID No. EPA–HQ–OAR–2008– information or other information whose SUPPLEMENTARY INFORMATION: 0476. disclosure is restricted by statute. • Mail: Air Docket, Attention Docket Certain other material, such as I. Background and Purpose ID No. EPA–HQ–OAR–2008–0476, copyrighted material, is not placed on On March 12, 2008, the EPA revised Environmental Protection Agency, Mail the Internet and will be publicly the NAAQS for ozone to provide Code: 6102T, 1200 Pennsylvania Ave. available only in hard copy form. increased protection of public health NW., Washington, DC 20460. Publicly available docket materials are and welfare from ozone pollution (73 FR • Hand Delivery: EPA Docket Center, available either electronically in 16436; March 27, 2008). The process for 1301 Constitution Avenue NW., Room www.regulations.gov or in hard copy at designating areas following 3334, Washington, DC. Such deliveries the EPA Docket Center, EPA West, promulgation of a new or revised are only accepted during the Docket’s Room 3334, 1301 Constitution Avenue NAAQS is contained in Clean Air Act normal hours of operation, and special NW., Washington, DC. The Public (CAA) section 107(d) (42 U.S.C. 7407). arrangements should be made for Reading Room is open from 8:30 a.m. to Following the promulgation of a new or deliveries of boxed information. 4:30 p.m., Monday through Friday, revised standard, each governor or tribal Instructions: Direct your comments to excluding legal holidays. The telephone leader has an opportunity to Docket ID No. EPA–HQ–OAR–2008– number for the Public Reading Room is recommend air quality designations, 0476. The EPA’s policy is that all (202) 566–1744, and the telephone including the appropriate boundaries comments received will be included in number for the Air Docket is (202) 566– for nonattainment areas, to the EPA. The the public docket without change and 1742. EPA considers these recommendations may be made available online at FOR FURTHER INFORMATION CONTACT: For as part of its duty to promulgate the www.regulations.gov, including any general questions concerning this formal area designations and boundaries personal information provided, unless action, please contact Carla Oldham, for the new or revised standards. By no the comment includes information U.S. EPA, Office of Air Quality Planning later than 120 days prior to claimed to be confidential business and Standards, Air Quality Planning promulgating designations, the EPA is information or other information whose Division, C539–04, Research Triangle required to notify states and tribes of disclosure is restricted by statute. Do Park, NC 27711, telephone (919) 541– any intended modification to an area not submit information that you 3347, email at [email protected]. designation or boundary consider to be confidential business For questions about areas in the EPA recommendation that the EPA deems information or otherwise protected Region 1, please contact Richard necessary. On or around December 9, through www.regulations.gov or email. Burkhart, U.S. EPA, telephone (617) 2011, the EPA notified states and tribes The www.regulations.gov web site is an 918–1664, email at of its intended area designations for the ‘‘anonymous access’’ system, which [email protected]. For 2008 Ozone NAAQS. States and tribes means the EPA will not know your questions about areas in the EPA Region now have an opportunity to identity or contact information unless 2, please contact Bob Kelly, U.S. EPA, demonstrate why they believe an you provide it in the body of your telephone (212) 637–3709, email at intended modification by the EPA may comment. If you send an email [email protected]. For questions be inappropriate. The EPA encouraged comment directly to the EPA without about areas in the EPA Region 3, please states and tribes to provide comments going through www.regulations.gov, contact Maria Pino, U.S. EPA, telephone and additional information for your email address will be (215) 814–2181, email at consideration by the EPA in finalizing automatically captured and included as [email protected]. For questions designations. The EPA plans to make part of the comment that is placed in the about areas in the EPA Region 4, please final designation decisions for the 2008 public docket and made available on the contact Jane Spann, U.S. EPA, telephone Ozone NAAQS in spring 2012. Internet. If you submit an electronic (404) 562–9029, email at The purpose of this notice is to solicit comment, the EPA recommends that [email protected]. For questions public comments from interested parties you include your name and other about areas in the EPA Region 5, please other than states and tribes on the EPA’s contact information in the body of your contact Edward Doty, U.S. EPA, recent responses to the state and tribal

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designation recommendations for the deadline identified in the DATES section • Explain your views as clearly as 2008 Ozone NAAQS. These responses above. possible, avoiding the use of profanity can be found on the EPA’s Internet Web or personal threats. II. Instructions for Submitting Public site at http://www.epa.gov/ • Make sure to submit your Comments ozonedesignations and also in the comments by the comment period public docket for ozone designations at What should I consider as I prepare my deadline identified. Docket ID No. EPA–HQ–OAR–2008– comments for the EPA? III. Internet Web Site for Rulemaking 0476. The CAA section 107(d) provides 1. Submitting Confidential Business Information a process for designations that involves Information. Do not submit this recommendations by states and tribes to The EPA has also established a Web information to the EPA through site for this rulemaking at www.epa.gov/ the EPA and responses from the EPA to www.regulations.gov or email. Clearly those parties, prior to the EPA ozonedesignations. The Web site mark the part or all of the information includes the state and tribal designation promulgating final designations and that you claim to be confidential boundaries. The EPA is not required recommendations, information business information. For confidential supporting the EPA’s preliminary under the CAA section 107(d) to seek business information in a disk or CD– public comment during the designation designation decisions, as well as the ROM that you mail to the EPA, mark the rulemaking actions and other related process, but is electing to do so for the outside of the disk or CD–ROM as 2008 Ozone NAAQS in order to gather information that the public may find confidential business information and useful. additional information for the EPA to then identify electronically within the consider before making final disk or CD–ROM the specific Dated: December 13, 2011. designations. The EPA invites public information that is claimed as Jennifer Noonan Edmonds, comment on its responses to states and confidential business information. In Acting Director, Office of Air Quality Planning tribes during the 30-day comment addition to one complete version of the and Standards. period provided by this notice. Due to comment that includes information [FR Doc. 2011–32557 Filed 12–19–11; 8:45 am] the statutory timeframe for claimed as confidential business BILLING CODE 6560–50–P promulgating designations set out in the information, a copy of the comment that CAA section 107(d), the EPA will not be does not contain the information able to consider any public comments claimed as confidential business DEPARTMENT OF DEFENSE submitted after January 19, 2012. This information must be submitted for notice and opportunity for public inclusion in the public docket. Defense Acquisition Regulations comment does not affect any rights or Information so marked will not be System obligations of any state, tribe or the EPA disclosed except in accordance with which might otherwise exist pursuant to procedures set forth in 40 CFR part 2. 48 CFR Parts 201, 203, 204, 212, 213, the CAA section 107(d). Send or deliver information identified 217, 219, 222, 225, 233, 243, 252, Please refer to the ADDRESSES section as confidential business information Appendix I to Chapter 2 above in this document for specific only to the following address: Roberto RIN 0750–AH55 instructions on submitting comments Morales, U.S. EPA, Office of Air Quality and locating relevant public documents. Planning and Standards, Mail Code Defense Federal Acquisition In establishing nonattainment area C404–02, Research Triangle Park, NC Regulation Supplement: Title 41 boundaries, the EPA is required to 27711, telephone (919) 541–0880, email Positive Law Codification—Further identify the area that does not meet the at [email protected], Attention Implementation (DFARS Case 2012– 2008 Ozone NAAQS and any nearby Docket ID No. EPA–HQ–OAR–2008– D003) area that is contributing to the area that 0476. does not meet that standard. We are 2. Tips for Preparing Your Comments. AGENCIES: Defense Acquisition particularly interested in receiving When submitting comments, remember Regulations System, Department of comments, supported by relevant to: Defense (DoD). information, if you believe that a • Identify the rulemaking by docket ACTION: Proposed rule. specific geographic area that the EPA is number and other identifying SUMMARY: DoD is proposing to amend proposing to identify as a nonattainment information (subject heading, Federal the Defense Federal Acquisition area should not be categorized by the Register date and page number). Regulation Supplement to conform CAA section 107(d) criteria as • Follow directions—The agency may statutory titles to the new Positive Law nonattainment, or if you believe that a ask you to respond to specific questions Codification of Title 41, United States specific area not proposed by the EPA or organize comments by referencing a Code, ‘‘Public Contracts.’’ to be identified as a nonattainment area Code of Federal Regulations (CFR) part should in fact be categorized as or section number. DATES: Comment Date: Comments on nonattainment using the CAA section • Explain why you agree or disagree; the proposed rule should be submitted 107(d) criteria. Please be as specific as suggest alternatives and substitute in writing to the address shown below possible in supporting your views. language for your requested changes. on or before February 21, 2012, to be • Describe any assumptions and • Describe any assumptions and considered in the formation of a final provide any technical information and/ provide any technical information and/ rule. or data that you used. or data that you used. ADDRESSES: Submit comments • Provide specific examples to • If you estimate potential costs or identified by DFARS Case 2012–D003, illustrate your concerns, and suggest burdens, explain how you arrived at using any of the following methods: alternatives. your estimate in sufficient detail to Æ Regulations.gov: http:// • Explain your views as clearly as allow for it to be reproduced. www.regulations.gov. Submit comments possible. • Provide specific examples to via the Federal eRulemaking portal by • Make sure to submit your illustrate your concerns, and suggest entering ‘‘DFARS Case 2012–D003’’ comments by the comment period alternatives. under the heading ‘‘Enter keyword or

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ID’’ and selecting ‘‘Search.’’ Select the and benefits of available regulatory PART 201—FEDERAL ACQUISITION link ‘‘Submit a Comment’’ that alternatives and, if regulation is REGULATIONS SYSTEM corresponds with ‘‘DFARS Case 2012– necessary, to select regulatory D003.’’ Follow the instructions provided approaches that maximize net benefits 201.107 [Amended] at the ‘‘Submit a Comment’’ screen. (including potential economic, 2. Section 201.107 is amended by Please include your name, company environmental, public health and safety removing from the introductory name (if any), and ‘‘DFARS Case 2012– effects, distributive impacts, and sentence ‘‘section 29 of the Office of D003’’ on your attached document. equity). E.O. 13563 emphasizes the Federal Procurement Policy Act (41 Æ Email: [email protected]. Include importance of quantifying both costs U.S.C. 1304)’’ and adding ‘‘41 U.S.C. DFARS Case 2012–D003 in the subject and benefits, of reducing costs, of 1304’’ in its place. line of the message. harmonizing rules, and of promoting 201.304 [Amended] Æ Fax: (703) 602–0350. flexibility. This is not a significant Æ Mail: Defense Acquisition regulatory action and, therefore, was not 3. Section 201.304 is amended by Regulations System, Attn: Ms. Amy G. subject to review under section 6(b) of removing from introductory paragraph Williams, OUSD (AT&L) DPAP/DARS, E.O. 12866, Regulatory Planning and (2) ‘‘section 29 of the Office of Federal Room 3B855, 3060 Defense Pentagon, Review, dated September 30, 1993. This Procurement Policy Act (41 U.S.C. Washington, DC 20301–3060. rule is not a major rule under 5 U.S.C. 1304)’’ and adding ‘‘41 U.S.C. 1304’’ in Comments received generally will be 804. its place. posted without change to http:// www.regulations.gov, including any IV. Regulatory Flexibility Act PART 203—IMPROPER BUSINESS personal information provided. To DoD does not expect this rule to have PRACTICES AND PERSONAL confirm receipt of your comment(s), a significant economic impact on a CONFLICTS OF INTEREST please check www.regulations.gov, substantial number of small entities 203.070 [Amended] approximately two to three days after within the meaning of the Regulatory submission to verify posting (except Flexibility Act, 5 U.S.C. 601, et seq., 4. Section 203.070 is amended by allow 30 days for posting of comments because the rule does not change any removing from paragraph (f) ‘‘Anti- submitted by mail). policies or requirements. It just changes kickback Act’’ and adding ‘‘Kickbacks’’ FOR FURTHER INFORMATION CONTACT: Ms. and updates references and terminology. in its place. Amy G. Williams, telephone (703) 602– Therefore, an initial regulatory 203.502–2 [Amended] 0328. flexibility analysis has not been 5. Section 203.502–2 is amended by performed. DoD invites comments from SUPPLEMENTARY INFORMATION: removing from introductory paragraph small business concerns and other (h) ‘‘the Anti-Kickback Act of 1986’’ and I. Background interested parties on the expected adding ‘‘41 U.S.C. chapter 87, On January 4, 2011, Public Law 111– impact of this rule on small entities. 350 enacted a new codified version of DoD will also consider comments Kickbacks’’ in its place. Title 41 United States Code (U.S.C.), from small entities concerning the PART 204—ADMINISTRATIVE entitled ‘‘Public Contracts.’’ Title 41 existing regulations in subparts affected MATTERS U.S.C. citations were updated under by the rule in accordance with 5 U.S.C. DFARS Case 2011–D036 (76 FR 58137, 610. Interested parties must submit such 204.1202 [Amended] September 20, 2011). comments separately and should cite 5 6. Section 204.1202 is amended by— This case proposes to make further U.S.C. 610 (DFARS Case 2012–D003), in a. Removing from paragraph (2)(v) changes to the previous titles of Acts correspondence. ‘‘Buy American Act—Balance of that have changed in titles 40 and 41 V. Paperwork Reduction Act Payments Program Certificate’’ and (comparable to the proposed Federal adding ‘‘Buy American—Balance of The rule does not impose any new Acquisition Regulation (FAR) rule Payments Program Certificate’’ in its information collection requirements that under FAR Case 2011–018), and other place; and require the approval of the Office of edits, as necessary. b. Removing from paragraph (2)(ix) Management and Budget under the ‘‘Buy American Act—Free Trade II. Discussion and Analysis Paperwork Reduction Act (44 U.S.C. Agreements—Balance of Payments DoD is updating the historical names chapter 35). of the Acts in the Defense Federal Program Certificate’’ and adding ‘‘Buy List of Subjects in 48 CFR Parts 201, Acquisition Regulation Supplement American—Free Trade Agreements— 203, 204, 212, 213, 217, 219, 222, 225, (DFARS) (e.g., the ‘‘Service Contract Act Balance of Payments Program 233, 243, 252, Appendix I to Chapter 2 of 1965’’ is now the ‘‘Service Contract Certificate’’ in its place. Labor Standards statute’’). A table Government procurement. 7. Section 204.7003 is amended by providing the historical titles of the acts, revising paragraph (a)(3)(vi) to read as Ynette R. Shelkin, follows: the present statutory citation, and the Editor, Defense Acquisition Regulations new titles of the statutes is being System. 204.7003 Basic PII number. proposed under FAR case 2011–018 for Therefore, 48 CFR parts 201, 203, 204, (a) * * * inclusion at FAR 1.110. That table will (3) * * * cover acts under both titles 40 and 41. 212, 213, 217, 219, 222, 225, 233, 243, 252, and Appendix I are proposed for (vi) Contracting actions placed with or Although there were no substantive through other Government departments or changes to the meaning of the statutes, amendment as follows: agencies or against contracts placed by such there were some changes in 1. The authority citation for 48 CFR departments or agencies outside the DoD terminology. parts 201, 203, 204, 212, 213, 217, 219, (including actions from nonprofit agencies 222, 225, 233, 243, 252, and Appendix employing people who are blind or severely III. Executive Orders 12866 and 13563 I continues to read as follows: disabled (AbilityOne), and the Federal Prison Executive Orders (E.O.s) 12866 and Authority: 41 U.S.C. 1303 and 48 CFR Industries (UNICOR))—F 13563 direct agencies to assess all costs chapter 1. * * * * *

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PART 212—ACQUISITION OF PART 219—SMALL BUSINESS maintenance. For example, replacing COMMERCIAL ITEMS PROGRAMS broken windows, spot painting, or minor patching of a wall could be 212.301 [Amended] 219.703 [Amended] covered by either the Construction Wage 8. Section 212.301 is amended by— 13. Section 219–703 is amended by Rate Requirements or the Service removing from paragraph (a) ‘‘Javits- Contract Labor Standards. In those a. Removing from paragraph (f)(i)(A) Wagner-O’Day Act (41 U.S.C. 8502– ‘‘Buy American Act—Balance of instances where a contract service call 8504)’’ and adding ‘‘41 U.S.C. chapter or order requires construction trade Payments Program Certificate’’ and 85’’ in its place. adding ‘‘Buy American—Balance of skills (i.e., carpenter, plumber, painter, etc.), but it is unclear whether the work Payments Program Certificate’’ in its PART 222—APPLICATION OF LABOR place; and required is Service Contract Labor LAWS TO GOVERNMENT Standards maintenance or Construction b. Removing from paragraph (f)(i)(C) ACQUISITIONS Wage Rate Requirements painting/ ‘‘Buy American Act—Free Trade 14. Subpart 222.3 is amended by repairs, apply the following rules: Agreements—Balance of Payments revising the heading to read as follows: (1) Individual service calls or orders Program Certificate’’ and adding ‘‘Buy which will require a total of 32 or more American—Free Trade Agreements— Subpart 222.3—Contract Work Hours work hours to perform shall be Balance of Payments Program and Safety Standards considered to be repair work subject to Certificate’’ in its place. 222.302 [Amended] the Construction Wage Rate 212.7102–1 [Amended] 15. Section 222.302 is amended by Requirements. 9. Section 212.7102–1 is amended by removing from the introductory (2) Individual service calls or orders removing from paragraph (e)(2) ‘‘section sentence ‘‘Contract Work Hours and which will require less than 32 work 26 of the Office of Federal Procurement Safety Standards Act’’ and adding hours to perform shall be considered to Policy Act (41 U.S.C. 1502)’’ and adding ‘‘Contract Work Hours and Safety be maintenance subject to the Service ‘‘41 U.S.C. 1502’’ in its place. Standards’’ in its place. Contract Labor Standards. 16. Section 222.402–70 is amended by (3) Painting work of 200 square feet or PART 213—SIMPLIFIED ACQUISITION revising introductory paragraph (a), and more to be performed under an PROCEDURES paragraphs (b),(c),(d)(1) through (d)(3) individual service call or order shall be and (f) to read as follows: considered to be subject to the 213.301 [Amended] Construction Wage Rate Requirements 10. Section 213.301 is amended by 222.402–70 Installation support contracts. statute regardless of the total work hours removing from paragraph (1) (a) Apply both the Service Contract required. Labor Standards statute and the ‘‘Continental Shelf lands’’ and adding * * * * * ‘‘Continental Shelf’’ in its place. Construction Wage Rate Requirements statute to installation support contracts (f) Contracting officers may not avoid 213.302–5 [Amended] if— application of the Construction Wage Rate Requirements statute by splitting * * * * * 11. Section 213.302–5 is amended individual tasks between orders or by— (b) Service Contract Labor Standards statute coverage under the contract. contracts. a. Removing from the first sentence of Contract installation support * * * * * introductory paragraph (d) ‘‘Buy requirements, such as plant operation 17. Section 222.404 is amended by American Act—Supplies’’ and adding and installation services (i.e., custodial, revising the section heading to read as ‘‘Buy American—Supplies’’ and snow removal, etc.) are subject to the follows: removing from the second sentence Service Contract Labor Standards. ‘‘Buy American Act’’ and adding ‘‘Buy Apply Service Contract Labor Standards 222.404 Construction Wage Rate American statute’’ in its place; Requirements statute wage determinations. clauses and minimum wage and fringe b. Removing from paragraph (d)(i) benefit requirements to all contract 222.406–1 [Amended] ‘‘Buy American Act and Balance of service calls or orders for such 18. Section 222.406–1 is amended Payments Program’’ and adding ‘‘Buy maintenance and support work. American and Balance of Payments (c) Construction Wage Rate by— Program’’ in its place: and Requirements statute coverage under a. Removing from paragraph c. Removing from paragraph (d)(ii) the contract. Contract construction, (b)(1)(A)(1) ‘‘Davis Bacon Act’’ and ‘‘Buy American Act—Free Trade alteration, renovation, painting, and adding ‘‘Construction Wage Rate Agreements—Balance of Payments repair requirements (i.e., roof shingling, Requirements statute’’ in its place; and Program’’ and adding ‘‘Buy American— building structural repair, paving b. Removing from paragraph Free Trade Agreements—Balance of repairs, etc.) are subject to the (b)(1)(A)(2) ‘‘Contract Work Hours and Payments Program’’ in its place. Construction Wage Rate Requirements Safety Standards Act’’ and adding statute. Apply Construction Wage Rate ‘‘Contract Work Hours and Safety PART 217—SPECIAL CONTRACTING Requirements clauses and minimum Standards statute’’ in its place. METHODS wage requirements to all contract 222.406–8 [Amended] service calls or orders for construction, 217.7000 [Amended] alteration, renovation, painting, or 19. Section 222.406–8 is amended by 12. Section 217.7000 is amended by repairs to buildings or other works. removing from introductory paragraph removing ‘‘Section 201(c) of the Federal (d) Repairs versus maintenance. Some (c)(4)(A) ‘‘Contract Work Hours and Property and Administrative Services contract work may be characterized as Safety Standards Act (CWHSSA)’’ and Act of 1949, 63 Stat. 384, as amended either Construction Wage Rate adding ‘‘Contract Work Hours and (40 U.S.C. 481(c))’’ and adding ‘‘40 Requirements painting/repairs or Safety Standards (CWHSS) statute’’ in U.S.C. 503’’ in its place. Service Contract Labor Standards its place.

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222–406–9 [Amended] Balance of Payments Program; and Certificate’’ in its place; and in the 20. Section 222–406–9 is amended by 252.225–7036, Buy American Act—Free second sentence removing ‘‘Buy removing from paragraph (a) ‘‘Davis- Trade Agreements—Balance of American Act and Balance of Payments Bacon or CWHSSA’’ and adding Payments Program’’ and adding Program’’ and adding ‘‘Buy American ‘‘Construction Wage Rate Requirements ‘‘252.225–7001, Buy American and and Balance of Payments Program’’ in or CWHSS statute’’ in its place. Balance of Payments Program; and its place; 252.225–7036, Buy American—Free b. Removing from introductory 222.406–13 [Amended] Trade Agreements—Balance of paragraph (2)(i) ‘‘Buy American Act and 21. Section 222.406–13 is amended Payments Program’’ in its place. Balance of Payments Program’’ and by— 25. Subpart 225.1 is amended by adding ‘‘Buy American and Balance of a. Removing from the introductory revising the subpart heading to read as Payments Program’’ in its place and paragraph ‘‘Davis-Bacon Act and the follows: removing ‘‘FAR 52.225–1, Buy CWHSSA’’ and adding ‘‘Construction American Act—Supplies’’ and adding Wage Rate Requirements statute and the Subpart 225.1—Buy American— ‘‘FAR 52.225–1, Buy American— CWSS statute’’ in its place; Supplies Supplies’’ in its place; b. Removing from paragraph (7)(i) c. Removing from paragraph (2)(i)(C) ‘‘Davis-Bacon Act’’ and adding 225.103 [Amended] ‘‘Buy American Act’’ and adding ‘‘Buy ‘‘Construction Wage Rate Requirements 26. Section 225.103 is amended by— American’’ in its place; statute; and’’ in its place; a. Removing from paragraph (a)(i)(B) d. Removing from paragraph c. Removing from paragraph (7)(ii) ‘‘Buy American Act’’ and adding ‘‘Buy (2)(i)(D)(2) ‘‘Buy American Act—Free ‘‘CWSSA’’ and adding ‘‘CWSS statute’’ American statute’’ in its place; and Trade Agreements—Balance of in its place; b. Removing from introductory Payments Program’’ and adding ‘‘Buy d. Removing from paragraph (8)(i) paragraph (a)(ii)(A) ‘‘Subpart 225.5’’ and American—Free Trade Agreements— ‘‘Davis Bacon Act’’ and adding adding ‘‘subpart 225.5’’ in its place and Balance of Payments Program’’ in its ‘‘Construction Wage Rate Requirements removing ‘‘Buy American Act’’ and place; statute; and CWSS statute’’ in its place; adding ‘‘Buy American statute’’ in its e. Removing from paragraph (3)(i) and removing from paragraph (8)(ii) place. ‘‘Buy American Act and Balance of ‘‘CWHSSA’’ and adding ‘‘CWHSS 225.502 [Amended] Payments Program’’ and adding ‘‘Buy statute’’ in its place; American and Balance of Payments 27. Section 225.502 is amended by— Program’’ in its place; e. Removing from introductory a. Removing from introductory sentence (9) ‘‘CWHSSA’’ and adding f. Removing from paragraph (3)(iii) paragraph (c), and (c)(iii)(C) ‘‘Buy ‘‘Buy American Act—Free Trade ‘‘CWSS statute’’ in its place and from American Act’’ and adding ‘‘Buy paragraph (9)(i) ‘‘; and’’; Agreements—Balance of Payments American statute’’ in its place; Program’’ and adding ‘‘Buy American— f. Removing from paragraph (10)(i) b. Removing from paragraph (c)(i)(A) Free Trade Agreements—Balance of ‘‘Davis-Bacon Act’’ and adding ‘‘Buy American Act’’ and ‘‘Buy Payments Program’’ in its place; and ‘‘Construction Wage Rate Requirements American Act or Balance of Payments statute;’’ in its place; and removing from g. Revising paragraphs (10)(i), (11)(i), Program’’ and adding ‘‘Buy American and (11)(iii) to read as follows: paragraph (10)(ii) ‘‘CWHSSA’’ and statute’’ and ‘‘Buy American or Balance adding ‘‘CWSS statute; and’’ in its place. of Payments Program’’, respectively, in 225.1101 Acquisition of supplies. 22. Subpart 222.10 is amended by its place; and * * * * * revising the subpart heading to read as c. Removing from paragraphs (c)(i)(B), (10)(i) Use the provision at 252.225– follows: (c)(ii)(C), (c)(ii)(D), and (c)(iii)(A) ‘‘Buy 7035, Buy American—Free Trade American Act or Balance of Payments Subpart 222.10—Service Contract Agreements—Balance of Payments Program’’ and adding ‘‘Buy American or Labor Standards Program Certificate, instead of the Balance of Payments Program’’ in its provision at FAR 52.225–4, Buy 23. Subpart 222.14 is amended by place. American—Free Trade Agreements— revising the subpart heading to read as 225.872–1 [Amended] Israeli Trade Act Certificate, in follows: solicitations that include the clause at 28. Section 225.872–1 is amended by 252.225–7036, Buy American—Free Subpart 222.14—Employment of removing from introductory paragraphs Trade Agreements—Balance of Workers With Disabilities (a) and (b) ‘‘Buy American Act’’ and Payments Program. adding ‘‘Buy American statute’’ in its PART 225—FOREIGN ACQUISITION place. * * * * * (11)(i) Except as provided in 225.003 [Amended] 225.872–4 [Amended] paragraph (11)(ii) of this section, use the 24. Section 225.003 is amended by— 29. Section 225.872–4 is amended by clause at 252.225–7036, Buy a. Removing from paragraph (4) removing from introductory paragraph American—Free Trade Agreements— ‘‘252.225–7001, Buy American Act and (a) ‘‘Buy American Act’’ and adding Balance of Payments Program, instead of Balance of Payments Program; and ‘‘Buy American statute’’ in its place. the clause at FAR 52.225–3, Buy 252.225–7036, Buy American Act—Free 30. Section 225.1101 is amended by— American—Free Trade Agreements— Trade Agreements—Balance of a. Removing from paragraph (1)(i) in Israeli Trade Act, in solicitations and Payments Program’’ and adding the first sentence ‘‘Buy American Act— contracts for the items listed at 225.401– ‘‘252.225–7001, Buy American and Balance of Payments Program 70, when the estimated value equals or Balance of Payments Program; and Certificate’’ and adding ‘‘Buy exceeds $25,000, but is less than 252.225–7036, Buy American—Free American—Balance of Payments $203,000, and a Free Trade Agreement Trade Agreements—Balance of Program Certificate’’ in its place and applies to the acquisition. Payments Program’’ in its place; and removing ‘‘FAR 52.225–2, Buy * * * * * b. Removing from paragraph (11) American Act Certificate’’ and adding (iii) The acquisition of eligible and ‘‘252.225–7001, Buy American Act and ‘‘FAR 52.225–2, Buy American noneligible products under the same

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contract may result in the application of c. Removing from paragraph (b)(8) the e. Removing from paragraph (c) ‘‘Buy a Free Trade Agreement to only some of clause date ‘‘(JAN 2011)’’ and adding American Act—Balance of Payments the items acquired. In such case, ‘‘(DATE)’’ in its place. Program Certificate’’ and adding ‘‘Buy indicate in the Schedule those items American—Balance of Payments covered by the Buy American—Free 252.212–7002 [Amended] Program Certificate’’ in its place. Trade Agreements—Balance of 36. Section 252.212–7002 is amended The revisions read as follows: Payments Program clause. by removing the clause date ‘‘(JUN 2011)’’ and adding ‘‘(DATE)’’ in its 252.225–7001 Buy American and Balance 225.7000 [Amended] place and removing from paragraph (1) of Payments Program. 31. Section 225.7000 is amended by of the definition ‘‘Nontraditional * * * * * removing from paragraph (b) ‘‘Buy defense contractor’’ ‘‘Section 26 of the BUY AMERICAN AND BALANCE OF American Act’’ and adding ‘‘Buy Office of Federal Procurement Policy PAYMENTS PROGRAM (DATE) American’’ in its place. Act (41 U.S.C. section 1502)’’ and adding ‘‘41 U.S.C. section 1502’’ in its * * * * * PART 233—PROTESTS, DISPUTES, place. AND APPEALS 252.225–7009 [Amended] 252.217–7002 [Amended] 41. Section 252.225–7009 is amended 233.204–70 [Amended] 37. Section 252.217–7002 is amended by removing the clause date ‘‘(JAN 32. Section 233.204–70 is amended by by removing the clause date ‘‘(DEC 2011)’’ and adding ‘‘(DATE)’’ in its removing ‘‘the Contract Disputes Act of 1991)’’ and adding ‘‘(DATE)’’ in its place and removing from paragraph 1978’’ and adding ‘‘41 U.S.C. chapter 71 place and removing from paragraph (a) (a)(4)(ii) ‘‘section 3 of the Shipping Act (Contract Disputes)’’ in its place. ‘‘Section 201(c) of the Federal Property of 1984 (46 U.S.C. App 1702)’’ and adding ‘‘46 U.S.C. 40102(4)’’ in its PART 243—CONTRACT and Administrative Services Act of 1949, 63 Stat. 384 (40 U.S.C. 481(c))’’ place. MODIFICATIONS 42. Section 252.225–7013 is amended and adding ‘‘40 U.S.C. 503’’ in its place. 243.204–71 [Amended] by— a. Removing the clause date ‘‘(DEC 33. Section 243.204–71 is amended at 252.219–7003 [Amended] 2009)’’ and adding ‘‘(DATE)’’ in its paragraph (c) by removing from the first 38. Section 252.219–7003 is amended place, removing the numbers in front of sentence ‘‘the Contract Disputes Act of by removing the clause date ‘‘(SEP each definition at paragraph (a) and 1978 (41 U.S.C. 7103)’’ and adding ‘‘41 2011)’’ and adding ‘‘(DATE)’’ in its revising paragraphs (ii) and (iii) of the U.S.C. 7103, Disputes’’ in its place and place, removing from introductory removing from the second sentence ‘‘the paragraph (e) ‘‘Section 831’’ and adding definition ‘‘Eligible product’’ and the Contract Disputes Act’’ and adding ‘‘41 ‘‘section 831’’ in its place and adding at definition ‘‘Qualifying country’’ and U.S.C. 7103, Disputes’’ in its place. the end ‘‘to’’, and removing from ‘‘qualifying country end product’’ to paragraph (e)(1) ‘‘handicapped’’ and read as follows: PART 252—SOLICITATION adding ‘‘disabled’’ in its place. 252.225–7013 Duty-Free Entry. PROVISIONS AND CONTRACT CLAUSES 252.225–7000 [Amended] * * * * * Eligible product means—* * * 39. Section 252.225–7000 is amended 252.204–7007 [Amended] (ii) Free Trade Agreement country end by removing ‘‘Act’’ from the section product, other than a Bahrainian end 34. Section 252.204–7007 is amended heading and provision title, removing by— product, a Moroccan end product, or a the clause date ‘‘(DEC 2009)’’ and Peruvian end product, as defined in the a. Removing the clause date ‘‘(NOV adding ‘‘(DATE)’’ in its place, and 2011)’’ and adding ‘‘(DATE)’’ in its Buy American—Free Trade removing from paragraphs (b)(2) and Agreements—Balance of Payments place; introductory paragraph (c)(1) ‘‘Buy b. Removing from paragraph (d)(2)(ii) Program clause of this contract; or American Act’’ and adding ‘‘Buy ‘‘Buy American Act—Balance of (iii) Canadian end product as defined American statute’’ in its place. Payments Program Certificate’’ and in Alternate I of the Buy American— 40. Section 252.225–7001 is amended adding ‘‘Buy American—Balance of Free Trade Agreements—Balance of by— Payments Program Certificate’’ in its Payments Program clause of this a. Revising the section heading, clause place; and contract. title, and clause date; c. Removing from paragraph (d)(2)(vi) Qualifying country and qualifying b. Removing from paragraph (ii) of the ‘‘Buy American Act—Free Trade country end product have the meanings definition ‘‘Commercially available off- Agreements—Balance of Payments given in the Trade Agreements clause, the-shelf (COTS) item’’, ‘‘section 3 of the Program Certificate’’ and adding ‘‘Buy the Buy American and Balance of Shipping Act of 1984 (46 U.S.C. 40102)’’ American—Free Trade Agreements— Payments Program clause, or the Buy and adding ‘‘46 U.S.C. 40102(4)’’ in its Balance of Payments Program American—Free Trade Agreements— place; Certificate’’ in its place. Balance of Payments Program clause of c. Removing from paragraph (ii)(A)(2) this contract. 252.212–7001 [Amended] of the definition ‘‘Domestic end 35. Section 252.212–7001 is amended product’’ ‘‘Buy American Act’’ and 252.225–7021 [Amended] by— adding ‘‘Buy American statute’’ in its 43. Section 252.225–7021 is amended a. Removing from paragraphs (b)(4), place; by removing the clause date ‘‘(OCT (b)(21), and (c)(4) the clause date ‘‘(SEP d. Removing from paragraph (b) in the 2011)’’ and adding ‘‘(DATE)’’ in its 2011)’’ and adding ‘‘(DATE)’’ in its first sentence ‘‘the Buy American Act place and removing from paragraph (ii) place; (41 U.S.C. chapter 83)’’ and adding ‘‘41 of the definition ‘‘Commercially b. Removing from paragraphs (b)(6)(i), U.S.C. chapter 83, Buy American’’ in its available off-the-shelf (COTS) item’’ (b)(12)(i), and (b)(15)(i) through (iv) the place, and in the second sentence ‘‘Buy ‘‘section 4 of the Shipping Act of 1984 clause date ‘‘(OCT 2011)’’ and adding American Act’’ and adding ‘‘Buy (46 U.S.C. 40102)’’ and adding ‘‘46 ‘‘(DATE)’’ in its place; and American statute’’ in its place; and U.S.C. 40102(4)’’ in its place.

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44. Section 252.225–7035 is amended of Payments Program Certificate’’ and adding ‘‘41 U.S.C. chapter 87, by— adding ‘‘Buy American—Free Trade Kickbacks’’ in its place. a. Revising the section heading, Agreements—Balance of Payments APPENDIX I TO CHAPTER 2—POLICY provision title, and clause date; Program Certificate’’ in its place; b. Removing from paragraph (a) ‘‘Buy f. Removing from Alternate II the AND PROCEDURES FOR THE DOD American Act—Free Trade clause date ‘‘(OCT 2011)’’ and adding PILOT MENTOR–PROTEGE Agreements—Balance of Payments ‘‘(DATE)’’ in its place and removing PROGRAM Program’’ and adding ‘‘Buy American— from paragraph (c) ‘‘Buy American 50. Section I–101.4 is revised to read Free Trade Agreements—Balance of Act—Free Trade Agreements—Balance as follows: Payments Program’’ in its place; of Payments Program Certificate’’ and c. Removing from paragraph (b)(2) adding ‘‘Buy American—Free Trade I–101.4 Severely disabled individual. ‘‘Buy American Act’’ and adding ‘‘Buy Agreements—Balance of Payments An individual who has a physical or American’’ in its place; Program Certificate’’ in its place; and mental disability which constitutes a d. Removing from ALTERNATE II the g. Removing from ALTERNATE III the substantial handicap to employment and clause date ‘‘(OCT 2011)’’ and adding which, in accordance with criteria prescribed clause date ‘‘(DEC 2010)’’ and adding by the Committee for Purchase from People ‘‘(DATE)’’ in its place and in paragraph ‘‘(DATE)’’ in its place and removing Who Are Blind or Severely Disabled (b)(2) removing ‘‘Buy American Act’’ from paragraph (c) ‘‘Buy American established by the first section of the Act of and adding ‘‘Buy American’’ in its Act—Free Trade Agreements—Balance June 25, 1938 (41 U.S.C. 8502), is of such a place; of Payments Program Certificate’’ and nature that the individual is otherwise e. Removing from ALTERNATE III the adding ‘‘Buy American—Free Trade prevented from engaging in normal clause date ‘‘(DEC 2010)’’ and adding Agreements—Balance of Payments competitive employment. ‘‘(DATE)’’ in its place, removing from Program Certificate’’ in its place. [FR Doc. 2011–32398 Filed 12–19–11; 8:45 am] paragraph (a) ‘‘Buy American Act—Free The revisions read as follows: BILLING CODE 5001–06–P Trade Agreements—Balance of 252.225–7036 Buy American—Free Trade Payments Program’’ and adding ‘‘Buy Agreements—Balance of Payments American—Free Trade Agreements— Program. DEPARTMENT OF COMMERCE Balance of Payments Program’’ in its * * * * * place, and removing from paragraph National Oceanic and Atmospheric (b)(2) ‘‘Buy American Act’’ and adding BUY AMERICAN—FREE TRADE Administration ‘‘Buy American’’ in its place. AGREEMENTS—BALANCE OF The revisions read as follows: PAYMENTS PROGRAM (DATE) 50 CFR Part 622 252.225–7035 Buy American—Free Trade * * * * * [Docket No. 110511280–1727–01] Agreements—Balance of Payments 252.225–7044 [Amended] Program Certificate. RIN 0648–BB10 46. Section 252.225–7044 is amended * * * * * by removing the clause date ‘‘(DEC Fisheries of the Caribbean, Gulf of BUY AMERICAN—FREE TRADE 2010)’’ and adding ‘‘(DATE)’’ in its Mexico, and South Atlantic; Snapper- AGREEMENTS—BALANCE OF place and removing from paragraph (2) Grouper Fishery Off the Southern PAYMENTS PROGRAM CERTIFICATE of the definition ‘‘Commercially Atlantic States; Snapper-Grouper (DATE) available off-the-shelf (COTS) item’’ ‘‘in Management Measures section 3 of the Shipping Act of 1984 * * * * * AGENCY: National Marine Fisheries 45. Section 252.225–7036 is amended (46 U.S.C. 40102’’ and adding ‘‘46 Service (NMFS), National Oceanic and by— U.S.C. 40102(4)’’ in its place. Atmospheric Administration (NOAA), 47. Section 252.227–7037 is amended a. Revising the section heading, clause Commerce. by removing the clause date ‘‘(SEP title, and clause date; 2011)’’ and adding ‘‘(DATE)’’ in its ACTION: Proposed rule; request for b. Removing from paragraph (ii) of the place, removing from paragraph (e)(3) comments. definition ‘‘Commercially available off- ‘‘the Contract Disputes Act of 1978 (41 the-shelf (COTS) item’’, ‘‘section 3 of the SUMMARY: NMFS publishes this U.S.C. 7101)’’ and adding ‘‘41 U.S.C. Shipping Act of 1984 (46 U.S.C. 40102)’’ proposed rule to implement a regulatory 7101, Contract Disputes’’ in its place, and adding ‘‘46 U.S.C. 40102(4)’’ in its amendment (Regulatory Amendment and removing from paragraph (g)(2)(iv) place; 11) to the Fishery Management Plan for c. Removing from paragraph (ii)(A)(2) ‘‘Contract Disputes Act’’ and adding the Snapper-Grouper Fishery of the of the definition for ‘‘Domestic end ‘‘Contract Disputes statute’’ in its place. South Atlantic Region (FMP), as product’’, ‘‘Buy American Act’’ and 252.227–7038 [Amended] prepared by the South Atlantic Fishery adding ‘‘Buy American statute’’ in its 48. Section 252.227–7038 is amended Management Council (Council). If place; by removing the clause date ‘‘(DEC implemented, this rule would remove d. Removing from paragraph (c) ‘‘Buy 2007)’’ and adding ‘‘(DATE)’’ in its the harvest and possession prohibition American Act—Free Trade place and removing from paragraph of six deep-water snapper-grouper Agreements—Balance of Payments (l)(2)(ii) ‘‘Contract Disputes Act’’ and species (snowy grouper, blueline Program Certificate’’ and adding ‘‘Buy adding ‘‘Contract Disputes statute’’ in its tilefish, yellowedge grouper, misty American—Free Trade Agreements— place. grouper, queen snapper, and silk Balance of Payments Program snapper) from depths greater than 240 ft Certificate’’ in its place; 252.244–7001 [Amended] (73 m) in the South Atlantic exclusive e. Removing from ALTERNATE I the 49. Section 252.244–7001 is amended economic zone (EEZ). The intent of this clause date ‘‘(OCT 2011)’’ and adding by removing the clause date ‘‘(MAY rule is to reduce the socio-economic ‘‘(DATE)’’ in its place and removing 2011)’’ and adding ‘‘(DATE)’’ in its impacts to fishermen harvesting deep- from paragraph (c) ‘‘Buy American place and removing from paragraph water snapper-grouper as well as Act—Free Trade Agreements—Balance (c)(17) ‘‘the Anti-Kickback Act’’ and maintain the biological protection to

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speckled hind and warsaw grouper in minimizing bycatch and bycatch mud, or shell hash bottom where they the South Atlantic. mortality to the extent practicable. live in burrows. In addition, the DATES: Written comments on this These mandates are intended to ensure majority of snowy grouper landings in proposed rule must be received on or fishery resources are managed for the the South Atlantic are from waters before January 19, 2012. greatest overall benefit to the Nation, deeper than 500 ft (152 m), where ADDRESSES: You may submit comments particularly with respect to providing landings of speckled hind and warsaw on the proposed rule identified by food production and recreational grouper are extremely rare. Based on ‘‘NOAA–NMFS–2011–0209’’ by any of opportunities, and protecting marine this information, at its August 2011 the following methods: ecosystems. To further this goal, the meeting, the Council concluded that • Electronic submissions: Submit Magnuson-Stevens Act requires fishery allowing the harvest of deep-water electronic comments via the Federal managers to establish a mechanism of species, including blueline tilefish and e-Rulemaking Portal: http:// specifying Annual Catch Limits (ACLs) snowy grouper, beyond a depth of 240 www.regulations.gov. Follow the at a level that prevents overfishing and ft (73 m), would not likely result in instructions for submitting comments. does not exceed the fishing level significant increases in the bycatch • Mail: Rick DeVictor, Southeast recommendation of the respective mortality of speckled hind or warsaw Regional Office, NMFS, 263 13th Council’s Scientific and Statistical grouper, although low levels of bycatch Avenue South, St. Petersburg, FL 33701. Committee (SSC) or other established of these species might occur. Even Instructions: All comments received peer review processes. An ACL is the though yellowedge grouper, misty are a part of the public record and will level of annual catch of a stock or stock grouper, queen snapper, and silk generally be posted to http:// complex that is set to prevent snapper primarily share the same hard www.regulations.gov without change. overfishing from occurring. bottom habitat preference as speckled All Personal Identifying Information (for In the South Atlantic snapper-grouper hind and warsaw grouper, these four example, name, address, etc.) fishery, speckled hind and warsaw species are rarely encountered and are voluntarily submitted by the commenter grouper are currently undergoing not targeted by commercial or may be publicly accessible. Do not overfishing and an ACL of zero was recreational fishermen. submit Confidential Business established through Amendment 17B to The purpose of the removal of the Information or otherwise sensitive or the FMP (December 30, 2010, 75 FR deep-water snapper-grouper harvest and protected information. 82280). This ACL prohibits all harvest possession prohibition in Regulatory To submit comments through the and possession of speckled hind and Amendment 11 is to reduce the socio- Federal e-Rulemaking Portal: http:// warsaw grouper in the South Atlantic economic impacts expected from the www.regulations.gov, click on ‘‘submit a regardless of the depth where they are Amendment 17B deep-water closure comment,’’ then enter ‘‘NOAA–NMFS– caught. Despite a prohibition of the while maintaining the biological 2011–0209’’ in the keyword search and harvest and possession of speckled hind protection to speckled hind and warsaw click on ‘‘search.’’ NMFS will accept and warsaw grouper, bycatch mortality grouper in the South Atlantic. At its anonymous comments (enter N/A in the of these two species was anticipated to August 2011 meeting, the Council voted required field if you wish to remain continue as a result of fishing effort for to approve Regulatory Amendment 11 anonymous). You may submit other deep-water snapper-grouper based upon the recent data analyses, to attachments to electronic comments in species. In order to reduce the bycatch remove the deep-water snapper-grouper Microsoft Word, Excel, WordPerfect, or mortality of speckled hind and warsaw harvest and possession prohibition grouper, Amendment 17B to the FMP Adobe PDF file formats only. implemented through Amendment 17B. The speckled hind and warsaw Comments received through means prohibited all fishing for and possession grouper harvest and possession not specified in this rule will not be of deep-water snapper-grouper species prohibition, implemented through considered. (snowy grouper, blueline tilefish, Electronic copies of documents yellowedge grouper, misty grouper, Amendment 17B, is not being changed supporting this proposed rule, which queen snapper, and silk snapper) and is expected to reduce fishing include an environmental assessment beyond a depth of 240 ft (73 m), mortality of these two species even and a regulatory impact review (RIR), beginning January 31, 2011. without the additional deep-water However, recent analysis of landings may be obtained from the Southeast snapper-grouper harvest and possession data (June 1, 2011, SERO–LAPP–2011– Regional Office Web site at http:// prohibition. Therefore, if implemented, 06 Report) indicate that speckled hind sero.nmfs.noaa.gov. Regulatory Amendment 11 would seek and warsaw grouper are rarely caught to prevent significant direct economic FOR FURTHER INFORMATION CONTACT: Rick with snowy grouper, blueline tilefish, loss to snapper-grouper fishermen and DeVictor, telephone: (727) 824–5305, or yellowedge grouper, misty grouper, continue to achieve optimum yield for email: [email protected]. queen snapper, or silk snapper. The low the fishery, without subjecting the SUPPLEMENTARY INFORMATION: The association between speckled hind and speckled hind and warsaw grouper snapper-grouper fishery of the South warsaw grouper landings and blueline resource to overfishing. Atlantic is managed under the FMP. The tilefish may be attributable to the The Council will continue to explore FMP was prepared by the Council and unique habitat preferences of speckled management alternatives to enhance the is implemented through regulations at hind and warsaw grouper compared to biological protections for speckled hind 50 CFR part 622 under the authority of blueline tilefish. Speckled hind and and warsaw grouper. the Magnuson-Stevens Fishery warsaw grouper generally prefer hard Classification Conservation and Management Act bottom structure with habitat features (Magnuson-Stevens Act). such as steep cliffs, notches, and rocky Pursuant to section 304(b)(1)(A) of the ledges of the continental shelf break. Magnuson-Stevens Act, the NMFS Background Blueline tilefish, which is targeted for Assistant Administrator has determined The Magnuson-Stevens Act requires harvest by the deep-water component of that this proposed rule is consistent NMFS and regional fishery management the snapper-grouper fishery, inhabit with Regulatory Amendment 11, other councils to prevent overfishing of irregular bottoms composed of troughs provisions of the Magnuson-Stevens federally managed fish stocks, while and terraces inter-mingled with sand, Act, and other applicable law, subject to

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further consideration after public industries. The Small Business Because this rule, if implemented, is comment. Administration size standards for these not expected to have a direct adverse This proposed rule has been businesses are $4.0 million and $7.0 economic impact on any small entities, determined to be not significant for million in annual receipts, respectively. an initial regulatory flexibility analysis purposes of Executive Order 12866. NMFS estimates that from 890 to 944 is not required and none has been The Chief Counsel for Regulation of businesses in the finfish fishing prepared. the Department of Commerce certified industry and up to 1,754 businesses in List of Subjects in 50 CFR Part 622 to the Chief Counsel for Advocacy of the the charter fishing industry participate Small Business Administration that this in the affected snapper-grouper fishery. Fisheries, Fishing, Puerto Rico, rule, if adopted, would not have a All businesses expected to be directly Reporting and recordkeeping significant economic impact on a affected by this rule are determined, for requirements, Virgin Islands. substantial number of small entities. the purpose of this analysis, to be small Dated: December 14, 2011. The factual basis for this determination entities. is as follows: Samuel D. Rauch III, A description of the action, why it is Since January 31, 2011, fishing for, Deputy Assistant Administrator for being considered, and the objectives of, possession, and retention of snowy Regulatory Programs, National Marine and legal basis for this action are grouper, blueline tilefish, yellowedge Fisheries Service. grouper, misty grouper, queen snapper, contained at the beginning of this For the reasons set out in the and silk snapper in the South Atlantic section in the preamble and in the preamble, 50 CFR part 622 is proposed EEZ beyond a depth of 240 ft (73 m) has SUMMARY section of the preamble. The to be amended as follows: Magnuson-Stevens Act provides the been prohibited. This rule would statutory basis for this rule. No eliminate this prohibition and would be PART 622—FISHERIES OF THE duplicative, overlapping, or conflicting expected to result in a restoration of CARIBBEAN, GULF, AND SOUTH Federal rules have been identified. landings and associated ex-vessel ATLANTIC This rule would directly affect revenue of approximately $348,000 businesses that fish for, possess, and annually, as detailed in the RIR 1. The authority citation for part 622 retain snowy grouper, blueline tilefish, contained in Regulatory Amendment 11 continues to read as follows: yellowedge grouper, misty grouper, to the FMP. Authority: 16 U.S.C. 1801 et seq. queen snapper, and silk snapper in the As a result, this rule would have a § 622.35 [Amended] South Atlantic EEZ. Under the North beneficial economic impact on small American Industry Classification entities and would not result in a 2. In § 622.35, paragraph (o) is System (NAICS), these businesses are in significant direct adverse economic removed and reserved. the finfish fishing (NAICS 11411) and impact on a substantial number of small [FR Doc. 2011–32533 Filed 12–19–11; 8:45 am] charter fishing (NAICS 487210) entities. BILLING CODE 3510–22–P

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Notices Federal Register Vol. 76, No. 244

Tuesday, December 20, 2011

This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF COMMERCE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. International Trade Administration public. Notices of hearings and investigations, committee meetings, agency decisions and Risk Management Agency rulings, delegations of authority, filing of [A–201–830] petitions and applications and agency Title: Community Outreach and Carbon and Certain Alloy Steel Wire statements of organization and functions are Assistance Partnership Program. examples of documents appearing in this Rod From Mexico: Affirmative section. OMB Control Number: 0563–0066. Preliminary Determination of Summary of Collection: Section Circumvention of the Antidumping 522(d) of the Federal Crop Insurance Duty Order DEPARTMENT OF AGRICULTURE Act of 2002 authorizes the Federal Crop AGENCY: Import Administration, Insurance Corporation (FCIC) to enter Submission for OMB Review; International Trade Administration, into partnerships with public and Comment Request Department of Commerce. private entities for the purpose of SUMMARY: We preliminarily determine increasing the availability of risk December 14, 2011. that carbon and certain alloy steel wire management tools for producers of The Department of Agriculture has rod (wire rod) with an actual diameter submitted the following information agricultural commodities. The Risk between 4.75 mm and 5.00 mm collection requirement(s) to OMB for Management Agency has developed produced in Mexico and exported to the review and clearance under the procedures for the preparation, United States by Deacero S.A. de C.V. Paperwork Reduction Act of 1995, submission and evaluation of (Deacero) is circumventing the Public Law 104–13. Comments applications for partnership agreements antidumping duty order on wire rod regarding (a) whether the collection of that will be used to provide outreach from Mexico (Wire Rod Order) within information is necessary for the proper and assistance to under served the meaning of section 781(c) of the performance of the functions of the producers, farmers, ranchers and Tariff Act of 1930, as amended (the Act), agency, including whether the women, limited resource, socially and 19 CFR 351.225(i).1 information will have practical utility; disadvantaged. (b) the accuracy of the agency’s estimate DATES: Effective Date: December 20, of burden including the validity of the Need and Use of the Information: 2011. methodology and assumptions used; (c) Applicants are required to submit FOR FURTHER INFORMATION CONTACT: Eric ways to enhance the quality, utility and materials and information necessary to B. Greynolds, Program Manager, or clarity of the information to be evaluate and rate the merit of proposed Jolanta Lawska, Trade Analyst, Office 3, collected; (d) ways to minimize the projects and evaluate the capacity and Antidumping and Countervailing Duty burden of the collection of information qualification of the organization to Operations, International Trade on those who are to respond, including complete the project. The application Administration, U.S. Department of through the use of appropriate package should include: a project Commerce, 14th Street and Constitution automated, electronic, mechanical, or summary and narrative, a statement of Avenue NW., Washington, DC 20230; other technological collection work, a budget narrative and OMB grant telephone: (202) 482–6071 or (202) 482– techniques or other forms of information forms. RMA and a review panel will 8362, respectively. technology should be addressed to: Desk evaluate and rank applicants as well as SUPPLEMENTARY INFORMATION: Officer for Agriculture, Office of use the information to properly Information and Regulatory Affairs, document and protect the integrity of Background Office of Management and the process used to select applications On June 8, 2011, the Department of Budget (OMB), Commerce (the Department) initiated a [email protected] or for funding. circumvention inquiry into whether fax (202) 395–5806 and to Departmental Description of Respondents: Not-for- Deacero S.A. de C.V. (Deacero) and Clearance Office, USDA, OCIO, Mail profit institutions; Business or other for- Ternium Mexico S.A. de C.V. (Ternium) Stop 7602, Washington, DC 20250– profit. shipped wire rod with an actual 7602. Comments regarding these Number of Respondents: 120. between 4.75 and 5.00 mm 2 in a information collections are best assured manner that constitutes merchandise of having their full effect if received Frequency of Responses: Reporting: altered in form or appearance in such within 30 days of this notification. On occasion. minor respects that it should be Copies of the submission(s) may be Total Burden Hours: 1,216. obtained by calling (202) 720–8681. An agency may not conduct or Charlene Parker, 1 See Notice of Antidumping Duty Orders: Carbon Departmental Information Clearance Officer. and Certain Alloy Steel Wire Rod from Brazil, sponsor a collection of information Indonesia, Mexico, Moldova, Trinidad and Tobago, unless the collection of information [FR Doc. 2011–32477 Filed 12–19–11; 8:45 am] and Ukraine, 67 FR 65945 (October 29, 2002) (Wire displays a currently valid OMB control BILLING CODE 3410–08–P Rod Order). number and the agency informs 2 The Department is using slightly different wording in this Federal Register notice from the potential persons who are to respond to wording in the initiation notice to clarify that the collection of information that such Deacero’s shipments of 4.75 mm wire rod are persons are not required to respond to covered by this circumvention inquiry.

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included within the scope.3 In its June submissions for the final determination surface defects of a length greater than 15, 2011, submission Ternium stated of this circumvention inquiry. 0.2 mm; (vi) capable of being drawn to that it does not produce or sell wire rod a diameter of 0.78 mm or larger with 0.5 Scope of the Order with an actual diameter between 4.75 or fewer breaks per ton; and (vii) and 5.00 mm. Ternium included a The merchandise subject to this order containing by weight the following product brochure which lists the is certain hot-rolled products of carbon elements in the proportions shown: (1) diameter ranges and diameter tolerances steel and alloy steel, in coils, of 0.78 percent or more of carbon, (2) less of its wire products. The brochure does approximately round cross section, than 0.01 percent of soluble aluminum, not include wire rod with actual 5.00 mm or more, but less than 19.00 (3) 0.040 percent or less, in the diameters less than 5.5 mm. mm, in solid cross-sectional diameter. aggregate, of phosphorus and sulfur, (4) On July 22, 2011, Deacero submitted Specifically excluded are steel 0.008 percent or less of nitrogen, and (5) its response to the Department’s June 1, products possessing the above-noted either not more than 0.15 percent, in the 2011, questionnaire. See Deacero’s July physical characteristics and meeting the aggregate, of copper, nickel and 22, 2011, Questionnaire Response (First Harmonized Tariff Schedule of the chromium (if chromium is not QNR Response). On July 27, 2011, United States (HTSUS) definitions for specified), or not more than 0.10 percent Illinois Tool Works Inc. (ITW) (a) stainless steel; (b) tool steel; (c) high in the aggregate of copper and nickel submitted comments in support of nickel steel; (d) ball bearing steel; and and a chromium content of 0.24 to 0.30 Deacero’s claim that the products at (e) concrete reinforcing bars and rods. percent (if chromium is specified). issue do not constitute merchandise Also excluded are (f) free machining The designation of the products as altered in form or appearance in such steel products (i.e., products that ‘‘tire cord quality’’ or ‘‘tire bead quality’’ minor respects that it should be contain by weight one or more of the indicates the acceptability of the included within the scope. following elements: 0.03 percent or product for use in the production of tire On August 16, 2011, ArcelorMittal more of lead, 0.05 percent or more of cord, tire bead, or wire for use in other USA LLC, Gerdau Ameristeel U.S. Inc, bismuth, 0.08 percent or more of sulfur, rubber reinforcement applications such Rocky Mountain Steel, and Members of more than 0.04 percent of phosphorus, as hose wire. These quality designations the Wire Rod Producers Coalition more than 0.05 percent of selenium, or are presumed to indicate that these (collectively, the Coalition) submitted more than 0.01 percent of tellurium). products are being used in tire cord, tire Also excluded from the scope are comments on the First QNR Response. bead, and other rubber reinforcement 1080 grade tire cord quality wire rod On August 25, 2011, Nucor Corporation applications, and such merchandise and 1080 grade tire bead quality wire and Cascade Steel Rolling Mills, Inc. intended for the tire cord, tire bead, or rod. This grade 1080 tire cord quality (collectively, Petitioners) submitted other rubber reinforcement applications rod is defined as: (i) Grade 1080 tire comments on the First QNR Response. is not included in the scope. However, cord quality wire rod measuring 5.0 mm On August 26, 2011, Deacero responded should petitioners or other interested or more but not more than 6.0 mm in parties provide a reasonable basis to to the Coalition’s August 16, 2011, cross-sectional diameter; (ii) with an submission. On September 2, 2011, ITW believe or suspect that there exists a average partial decarburization of no pattern of importation of such products submitted comments in response to the more than 70 microns in depth submissions of the Coalition and for other than those applications end- (maximum individual 200 microns); use certification for the importation of Petitioners. On September 6, 2011, (iii) having no inclusions greater than 20 Deacero responded to Petitioners’ such products may be required. Under microns; (iv) having a carbon such circumstances, only the importers August 25, 2011, comments. On segregation per heat average of 3.0 or September 9, 2011, the Coalition of record would normally be required to better using European Method NFA 04– certify the end use of the imported responded to Deacero’s August 26, 2011, 114; (v) having a surface quality with no submission. On October 5, 2011, merchandise. surface defects of a length greater than All products meeting the physical Deacero submitted its response to the 0.15 mm; (vi) capable of being drawn to Department’s September 7, 2011, description of subject merchandise that a diameter of 0.30 mm or less with 3 or are not specifically excluded are questionnaire. See Deacero’s October 5, fewer breaks per ton, and (vii) 2011, Questionnaire Response (Second included in this scope. containing by weight the following The products within the scope of this QNR Response). On October 17, 2011, elements in the proportions shown: order are currently classifiable under Petitioners submitted comments (1) 0.78 percent or more of carbon, (2) subheadings 7213.91.3010, regarding the Second QNR Response. less than 0.01 percent of aluminum, (3) 7213.91.3090, 7213.91.4510, On October 18, 2011, the Coalition 0.040 percent or less, in the aggregate, 7213.91.4590, 7213.91.6010, submitted comments regarding the of phosphorus and sulfur, (4) 0.006 7213.91.6090, 7213.99.0031, Second QNR Response. percent or less of nitrogen, and (5) not 7213.99.0038, 7213.99.0090, On November 18, 2011, Deacero more than 0.15 percent, in the aggregate, 7227.20.0010, 7227.20.0020, submitted comments for the Department of copper, nickel and chromium. 7227.20.0090, 7227.20.0095, to consider in preparing the preliminary This grade 1080 tire bead quality rod 7227.90.6051, 7227.90.6053, determination. On December 2, 2011, is defined as: (i) Grade 1080 tire bead 7227.90.6058, and 7227.90.6059 of the the Coalition responded to Deacero’s quality wire rod measuring 5.5 mm or HTSUS. Although the HTSUS November 18, 2011, submission. On more but not more than 7.0 mm in subheadings are provided for December 5, 2011, Petitioners submitted cross-sectional diameter; (ii) with an convenience and customs purposes, the comments for the Department’s average partial decarburization of no written description of the scope of this preliminary determination in the minor more than 70 microns in depth proceeding is dispositive. alteration circumvention inquiry. The (maximum individual 200 microns); Department will consider these (iii) having no inclusions greater than 20 Scope of the Circumvention Inquiry microns; (iv) having a carbon The merchandise subject to this 3 See Carbon and Certain Alloy Steel Wire Rod circumvention inquiry consists of wire From Mexico: Initiation of Anti-Circumvention segregation per heat average of 3.0 or Inquiry of Antidumping Duty Order, 76 FR 33218 better using European Method NFA 04– rod with actual an diameter between (June 8, 2011) (Initiation). 114; (v) having a surface quality with no 4.75 mm and 5.00 mm. This

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merchandise produced by Deacero, factors listed in the Senate Finance costs incurred to produce wire rod with entered the United States under Committee report on the Omnibus Trade a 0.25 mm smaller diameter are not Harmonized Tariff Schedule (HTS) and Competitiveness Act of 1988 (which significant. Accordingly, pursuant to classification 7213.91.3093. amended the Act to include the section 781(c) of the Act and 19 CFR circumvention provisions contained in 351.225(i) we preliminarily determine Statutory and Regulatory Framework section 781of the Act), which states: that shipments of wire rod with an Section 781(c) of the Act, dealing with {i}n applying this provision, the actual diameter between 4.75mm and minor alterations of merchandise, states Commerce Department should apply 5.00 mm by Deacero constitutes that: (1) In general: The class or kind of practical measurements regarding minor merchandise altered in form or merchandise subject to (A) an alterations, so that circumvention can be appearance in such minor respects that investigation under this title, (B) an dealt with effectively, even where such it should be included within the scope antidumping duty order issued under alterations to an article technically transform of the order on wire rod from Mexico. section 736, (C) a finding issued under it into a differently designated article. The This affirmative finding applies solely the Antidumping Act, 1921, or (D) a Commerce Department should consider such to Deacero because information countervailing duty order issued under criteria as the overall physical characteristics of the merchandise, the expectations of the supplied by Ternium indicates that it section 706 or section 303, shall include ultimate users, the use of the merchandise, did not produce or sell merchandise articles altered in form or appearance in the channels of marketing and the cost of any subject to this circumvention inquiry. minor respects (including raw modification relative to the total value of the For further discussion of the agricultural products that have imported products.5 Department’s preliminary findings, see undergone minor processing), whether In the case of an allegation of a the Memorandum to Paul Piquado, or not included in the same tariff ‘‘minor alteration’’ under section 781(c) Assistant Secretary for Import classification. (2) Exception. Paragraph of the Act, it is the Department’s Administration, ‘‘Preliminary Results of (1) shall not apply with respect to practice to look at the five factors listed Minor Alteration Circumvention Inquiry altered merchandise if the administering in the Senate Finance Committee report on Carbon and Certain Alloy Steel Wire authority determines that it would be to determine if circumvention exists in Rod with an Actual Diameter between unnecessary to consider the altered a particular case.6 4.75 and 5.00 Millimeters,’’ a merchandise within the scope of the proprietary document of which the investigation, order, or finding. Preliminary Determination public version is available via IA As stated under 19 CFR 351.225(a), We preliminarily determine that wire ACCESS in room 7046 of the main issues may arise as to whether a rod with an actual diameter between Commerce Building. particular product is included within 4.75 mm and 5.0 mm and subject wire Suspension of Liquidation the scope of an antidumping or rod are indistinguishable in any countervailing duty order or a meaningful sense in terms of overall In accordance with section suspended investigation. Such issues physical characteristics of the 351.225(l)(2) of the Department’s can arise because the descriptions of merchandise. By Deacero’s own regulations, we will direct U.S. Customs subject merchandise contained in the admission, the 0.25 mm difference in and Border Protection (CBP) to suspend Department’s determinations must be diameter constitutes the sole physical liquidation of wire rod with an actual written in general terms. At other times, difference between the wire rod diameter between 4.75 mm and 5.00 a domestic interested party may allege products at issue (e.g., 4.75 mm wire mm produced and/or exported by that a change to an imported product or rod) and subject wire rod. Our Deacero that are entered, or withdrawn the place where the imported product is preliminary analysis indicates that other from warehouse, for consumption on or assembled constitutes circumvention physical characteristics, such as tensile after June 8, 2011, the publication date under section 781 of the Act. When strength, ductility, and chemical content of the Initiation in the Federal Register. such issues arise, the Department (which determines product grade), do Pursuant to 19 CFR 351.225(l)(2), we conducts circumvention inquiries that not vary by diameter. In addition, we will also instruct CBP to require a cash clarify the scope of an order or preliminarily determine that the 0.25 deposit of estimated duties equal to the suspended investigation with respect to mm difference between the wire rod all others rate of 20.11 percent ad particular products. Pursuant to 19 CFR products at issue and subject wire rod valorem for each unliquidated entry of 351.225(i) and section 781(c) of the Act, do not alter the expectations of the wire rod with an actual diameter the Secretary may include within the ultimate users, the use of the between 4.75 mm and 5.00 mm scope of an antidumping or merchandise, and the channels of produced and/or exported by Deacero countervailing duty order articles marketing in any meaningful way. We entered, or withdrawn from warehouse, altered in form or appearance in minor further preliminarily determine that the for consumption on or after June 8, respects. 2011.7 While the statute is silent regarding the Department discusses its application of the Public Comment what factors to consider in determining factors discussed in the Senate Finance Committee whether alterations are properly report; Final Results of Anti-Circumvention Review Interested parties are invited to considered ‘‘minor,’’ the legislative of Antidumping Order: Corrosion-Resistant Carbon comment on the preliminary results and Steel Flat Products From Japan, 68 FR 33676, 33677 may submit case briefs and/or written history of this provision indicates there (June 5, 2003) (Japanese CORE); and Affirmative are certain factors which should be Final Determination of Circumvention of the comments within 20 days of the considered before reaching a Antidumping Duty Order on Certain Cut-to-Length publication of this notice. See 19 CFR Carbon Steel Plate From the People’s Republic of circumvention determination. Previous 351.225(f)(3). Interested parties may file China, 74 FR 40565, 40566 (August 12, 2009)) rebuttal briefs limited to issues raised in circumvention cases 4 have relied on the (Tianjin Plate), and accompanying Issues and Decision Memorandum (Tianjin Plate Decision the case briefs no later than 10 days 4 See, e.g., Final Determination of Circumvention Memorandum). after the date on which the case briefs of the Antidumping Order: Cut-to-Length Carbon 5 Omnibus Trade Act of 1987, Report of the Steel Plate From Canada, 66 FR 7617, 7618 (January Senate Finance Committee, S. Rep. No. 71, 100th 7 Deacero has never been individually examined 24, 2001)) (Canadian Plate), and accompanying Cong., 1st Sess. 100 (1987). by the Department during the history of the Order. Issued and Decision Memorandum (Canadian Plate 6 See, e.g., Canadian Plate, and Canadian Plate For this reason Deacero’s shipments of subject Decision Memorandum) at Comment 4, in which Decision Memorandum at Comment 4. merchandise are subject to the all others rate.

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are due. Id. Interested parties may On October 31, 2011, the Department occurred and the subsequent assessment request a hearing within 20 days of the published in the Federal Register a of double antidumping duties. publication of this notice. Interested notice of initiation of an administrative Notification Regarding Administrative parties will be notified by the review of the antidumping duty order Protective Order Department of the location and time of on certain magnesia carbon bricks from any hearing, if one is requested. Mexico with respect to RHI–Refmex This notice serves as the only This affirmative preliminary S.A. de C.V. See Initiation of reminder to parties subject to circumvention determination is in Antidumping and Countervailing Duty administrative protective order (APO) of accordance with section 781(c) of the Administrative Reviews and Request for their responsibility concerning the Act and 19 CFR 351.225. Revocation in Part, 76 FR 67133 disposition of proprietary information Dated: December 13, 2011. (October 31, 2011). disclosed under APO in accordance On November 22, 2011, Resco with 19 CFR 351.305(a)(3). Timely Paul Piquado, Products, Inc. timely withdrew its written notification of return/ Assistant Secretary for Import request for a review of RHI–Refmex S.A. destruction of APO materials or Administration. de C.V. conversion to judicial protective order is [FR Doc. 2011–32536 Filed 12–19–11; 8:45 am] Rescission of Administrative Review hereby requested. Failure to comply BILLING CODE 3510–DS–P with the regulations and the terms of an Pursuant to 19 CFR 351.213(d)(1), the APO is a sanctionable violation. Department will rescind an DEPARTMENT OF COMMERCE This notice is published in administrative review, in whole or in accordance with section 777(i)(1) of the part, if the parties that requested a Act, and 19 CFR 351.213(d)(4). International Trade Administration review withdraw the request within 90 [A–201–837] days of the date of publication of notice Dated: December 9, 2011. of initiation of the requested review. Christian Marsh, Certain Magnesia Carbon Bricks From Resco Products, Inc. withdrew its Deputy Assistant Secretary for Antidumping Mexico: Notice of Rescission of request for review before the 90-day and Countervailing Duty Operations. Antidumping Duty Administrative deadline, and no other party requested [FR Doc. 2011–32190 Filed 12–19–11; 8:45 am] Review an administrative review of the BILLING CODE 3510–DS–M antidumping duty order on certain AGENCY: Import Administration, magnesia carbon bricks from Mexico for International Trade Administration, DEPARTMENT OF COMMERCE Department of Commerce. the POR. Therefore, in response to Resco Products, Inc.’s withdrawal of its FOR FURTHER INFORMATION CONTACT: request for review, and pursuant to 19 International Trade Administration David Goldberger or Brandon Custard, CFR 351.213(d)(1), the Department is Import Administration, International rescinding in whole the administrative [A–821–801, A–823–801] Trade Administration, U.S. Department review of the antidumping duty order of Commerce, 14th Street and on certain magnesia carbon bricks for Solid Urea From the Russian Constitution Avenue NW., Washington, the period March 11, 2010, through Federation and Ukraine: Continuation DC 20230; telephone: (202) 482–4136 or September 6, 2010, and September 16, of Antidumping Duty Orders (202) 482–1823, respectively. 2010, through August 31, 2011. AGENCY: Import Administration, SUPPLEMENTARY INFORMATION: Assessment International Trade Administration, Background Department of Commerce. The Department will instruct U.S. On September 2, 2011, the Customs and Border Protection (CBP) to SUMMARY: As a result of the Department of Commerce (the assess antidumping duties on all determinations by the Department of Department) published in the Federal appropriate entries. Antidumping duties Commerce (the Department) and the Register a notice of ‘‘Opportunity to shall be assessed at rates equal to the International Trade Commission (ITC) Request Administrative Review’’ of the cash deposit of estimated antidumping that revocation of the antidumping duty antidumping duty order on certain duties required at the time of entry, or orders on solid urea from the Russian magnesia carbon bricks from Mexico for withdrawal from warehouse, for Federation (Russia) and Ukraine would the period of review (POR) of March 11, consumption, in accordance with 19 likely lead to a continuation or 2010, through September 6, 2010, and CFR 351.212(c)(1)(i). The Department recurrence of dumping and material September 16, 2010, through August 31, intends to issue appropriate assessment injury to an industry in the United 2011. See Antidumping or instructions directly to CBP 15 days States, the Department is publishing a Countervailing Duty Order, Finding, or after the date of publication of this notice of continuation of the Suspended Investigation; Opportunity notice in the Federal Register. antidumping duty orders. To Request Administrative Review, 76 DATES: Effective Date: December 20, Notification to Importers FR 54735 (September 2, 2011). 2011. On September 30, 2011, in accordance This notice serves as the only FOR FURTHER INFORMATION: with section 751(a) of the Tariff Act of reminder to importers of their Dustin Ross 1930, as amended (the Act), and 19 CFR responsibility, under 19 CFR or Minoo Hatten, AD/CVD Operations, 351.213(b), the Department received a 351.402(f)(2), to file a certificate Office 1, Import Administration, timely request from Resco Products, regarding the reimbursement of International Trade Administration, Inc., the petitioner and a domestic antidumping duties prior to liquidation U.S. Department of Commerce, 14th interested party, to conduct an of the relevant entries during this Street and Constitution Avenue NW., administrative review of the sales of review period. Failure to comply with Washington, DC 20230; telephone: (202) RHI–Refmex S.A. de C.V. Resco this requirement could result in the 482–0747 or (202) 482–1690, Products, Inc. was the only party to Secretary’s presumption that respectively. request this administrative review. reimbursement of antidumping duties SUPPLEMENTARY INFORMATION:

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Background provided for convenience and customs Background On December 1, 2010, the Department purposes, the written description of the On March 1, 2011, the Department of initiated and the ITC instituted sunset merchandise subject to the orders is Commerce (the Department) published a reviews of the antidumping duty orders dispositive. notice of opportunity to request an on solid urea from Russia and Ukraine,1 Continuation of the Orders administrative review of the pursuant to section 751(c) of the Tariff countervailing duty (CVD) order on As a result of the determinations by Act of 1930, as amended (the Act). See certain welded carbon steel pipe and the Department and the ITC that Initiation of Five-Year (‘‘Sunset’’) tube from Turkey. See Antidumping or revocation of these antidumping duty Review, 75 FR 74685 (December 1, Countervailing Duty Order, Finding, or orders would likely lead to continuation 2010); see also Solid Urea From Russia Suspended Investigation; Opportunity or recurrence of dumping and material and Ukraine, 75 FR 74746 (December 1, to Request Administrative Review, 76 injury to an industry in the United 2010). FR 11197 (March 1, 2011). On March 30, States, pursuant to section 751(d)(2) of As a result of these sunset reviews, 2011, we received a letter from Erbosan the Act, the Department hereby orders the Department determined that Erciyas Boru Sanayi ve Ticaret A.S. the continuation of the antidumping revocation of the antidumping duty (ERBOSAN) requesting that the duty orders on solid urea from Russia orders on solid urea from Russia and company’s entries for the period of and Ukraine. Ukraine would be likely to lead to review be reviewed by the Department. U.S. Customs and Border Protection continuation or recurrence of dumping On April 27, 2011, the Department will continue to collect antidumping and notified the ITC of the magnitude of published the notice of initiation of the duty cash deposits at the rates in effect the margins likely to prevail should the administrative review of this CVD order at the time of entry for all imports of orders be revoked. See Solid Urea From for the period of review (POR) of subject merchandise. The effective date the Russian Federation and Ukraine: January 1, 2010, through December 31, of continuation of these orders will be Final Results of the Expedited Sunset 2010, which included ERBOSAN.1 See the date of publication in the Federal Reviews of the Antidumping Duty Initiation of Antidumping and Register of this notice of continuation. Orders, 76 FR 19747 (April 8, 2011). Countervailing Duty Administrative Pursuant to section 751(c)(2) of the Act, On November 15, 2011, pursuant to Reviews, 76 FR 23545 (April 27, 2011). the Department intends to initiate the section 752(a) of the Act, the ITC On October 27, 2011, the Department next five-year review of these orders not determined that revocation of the requested U.S. Customs and Border later than 30 days prior to the fifth antidumping duty orders on solid urea Protection (CBP) data on Type 3 entries anniversary of the effective date of from Russia and Ukraine would likely of subject merchandise to the United continuation. lead to continuation or recurrence of States produced by EROBSAN during These five-year sunset reviews and material injury to an industry in the the POR. See Memorandum to the File this notice are in accordance with United States within a reasonably from Kristen Johnson, Trade Analyst, section 751(c) of the Act and published foreseeable time. See Solid Urea From AD/CVD Operations, Office 3, regarding pursuant to section 777(i)(1) of the Act. Russia and Ukraine, 76 FR 77015 ‘‘Request for Customs Data in the (December 9, 2011), and ITC Publication Dated: December 13, 2011. Countervailing Duty Administrative 4279 (December 2011) entitled Solid Paul Piquado, Review of Certain Welded Carbon Steel Urea from Russia and Ukraine: Assistant Secretary for Import Standard Pipe from Turkey,’’ (October Investigation Nos. 731–TA–340–E and Administration. 27, 2011). A Type 3 entry is an entry of 340–H (Third Review). [FR Doc. 2011–32540 Filed 12–19–11; 8:45 am] merchandise imported into the United BILLING CODE 3510–DS–P States which is subject to antidumping Scopes of the Orders or countervailing duties, as the case may The merchandise subject to the orders be, and for which liquidation is is solid urea, a high-nitrogen content DEPARTMENT OF COMMERCE suspended until after the completion of fertilizer which is produced by reacting an administrative review in which the ammonia with carbon dioxide. The International Trade Administration assessment rate is calculated. We product is currently classified under the reviewed the customs data provided by Harmonized Tariff Schedule of the [C–489–502] CBP and found that there were no United States (HTSUS) item number Certain Welded Carbon Steel Standard suspended entries of subject 3102.10.00.00. Previously such Pipe and Tube From Turkey: Intent To merchandise produced by ERBOSAN for merchandise was classified under item Rescind Countervailing Duty the POR. number 480.3000 of the Tariff Administrative Review, in Part On November 3, 2011, we issued a Schedules of the United States. letter to ERBOSAN explaining that the Although the HTSUS subheading is AGENCY: Import Administration, Department’s practice requires there to International Trade Administration, be a suspended entry during the POR 1 On July 14, 1987, the Department published the Department of Commerce. upon which to assess duties in order to following antidumping duty order: Antidumping 2 Duty Order; Urea From the Union of Soviet Socialist DATES: Effective Date: December 20, conduct an administrative review. As Republics, 52 FR 26367 (July 14, 1987). In 2011. December 1991, the Soviet Union divided into 1 A review of the following companies was also fifteen independent states. On June 29, 1992, the FOR FURTHER INFORMATION CONTACT: initiated: Borusan Group, Borusan Mannesmann Department transferred the antidumping duty order Kristen Johnson, AD/CVD Operations, Boru Sanayi ve Ticaret A.S., Borusan Istikbal on solid urea from the Soviet Union to the Office 3, Import Administration, Ticaret T.A.S., Tosyali dis Ticaret A.S., and Commonwealth of Independent States and the Toscelik Profil ve Sac Endustrisi A.S. Baltic States. See Solid Urea From the Union of International Trade Administration, 2 See, e.g., Certain Hot-Rolled Carbon Steel Flat Soviet Socialist Republics; Transfer of the U.S. Department of Commerce, Room Products from India: Final Results of Antidumping Antidumping Duty Order on Solid Urea From the 4014, 14th Street and Constitution Duty Administrative Review, 76 FR 42679 (July 19, Union of Soviet Socialist Republics to the Avenue NW, Washington, DC 20230, 2011), and accompanying Issues and Decision Commonwealth of Independent States and the Memorandum at Comment 1; see also Certain Cut- Baltic States and Opportunity to Comment, 57 FR telephone: (202) 482–4793 to-Length Carbon-Quality Steel Plate Products from 28828 (June 29, 1992). SUPPLEMENTARY INFORMATION: Italy: Final Results and Partial Rescission of

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such, we requested that EROBSAN the Court of Appeals for the Federal review of the countervailing duty order submit evidence demonstrating that the Circuit upheld the Department’s on circular welded carbon quality steel company had a Type 3 entry of subject practice of rescinding annual reviews pipe (‘‘CWP’’) from the People’s merchandise to the United States during when there are no entries of subject Republic of China (‘‘PRC’’) for the the CVD POR. We also explained that if merchandise during the POR. period January 1, 2010, through ERBOSAN is unable to provide such Accordingly, we will continue this December 31, 2010. See Antidumping or documentation, the Department will administrative review with respect to Countervailing Duty Order, Finding, or find that there are no suspended entries the Borusan Group, Borusan Suspended Investigation; Opportunity of subject merchandise produced by Mannesmann Boru Sanayi ve Ticaret To Request Administrative Review, 76 EROBSAN against which to assess A.S., Borusan Istikbal Ticaret T.A.S., FR 38609 (July 1, 2011). On August 1, duties and will rescind the 2010 CVD Tosyali dis Ticaret A.S., and Toscelik 2011, the Wheatland Tube Company administrative review with respect to Profil ve Sac Endustrisi A.S. (‘‘Wheatland’’), a domestic producer of the company. See Letter from the CWP, timely requested that the Public Comment Department to ERBOSAN regarding Department conduct a review of ‘‘Entry Documentation,’’ (November 3, The Department is setting aside a nineteen producers and/or exporters of 2011). On November 17, 2011, period for interested parties to raise the subject merchandise. In accordance ERBOSAN reported that because the issues regarding the preliminary with 19 CFR 351.221(c)(1)(i), the exports of subject merchandise to the determination to rescind the Department published a notice initiating United States during the POR were to an administrative review for ERBOSAN. this administrative review. See unrelated importer, the company does Interested parties may submit such Initiation of Antidumping and not have any entry documentation. See comments within 20 calendar days of Countervailing Duty Administrative ERBOSAN’s ‘‘Response to Entry the publication of this notice. Reviews and Requests for Revocation in Documentation Request,’’ (November Comments must be filed electronically Part, 76 FR 53404 (August 26, 2011). 17, 2011) at 2. using Import Administration’s Rescission of Review On December 2, 2011, officials of Antidumping and Countervailing Duty Import Administration met with Centralized Electronic Service System Pursuant to 19 CFR 351.213(d)(l), the ERBOSAN’s counsel to discuss the (IA ACCESS). Secretary will rescind an administrative company’s entries of subject We are issuing this notice in review, in whole or in part, if the party merchandise during the POR. See accordance with sections 751(a)(1) and that requested a review withdraws the Memorandum to the File from Kristen 777(i)(1) of the Tariff Act of 1930, as request within 90 days of the date of Johnson, Trade Analyst, AD/CVD amended, and 19 CFR 351.213(d)(4) of publication of the notice of initiation of Operations, Office 3, regarding ‘‘Meeting the Department’s regulations. the requested review. On November 22, 2011, Wheatland withdrew its request with Counsel for ERBOSAN,’’ Dated: December 13, 2011. (December 5, 2011). for review of all nineteen exporters and Christian Marsh, producers within the 90-day period. Scope of the Order Deputy Assistant Secretary for Antidumping Therefore, in response to Wheatland’s and Countervailing Duty Operations. The products covered by this order timely withdrawal, and as no other are certain welded carbon steel pipe and [FR Doc. 2011–32545 Filed 12–19–11; 8:45 am] party requested a review, the tube with an outside diameter of 0.375 BILLING CODE 3510–DS–P Department is rescinding this inch or more, but not over 16 inches, of administrative review. any wall thickness (pipe and tube) from DEPARTMENT OF COMMERCE Assessment Turkey. These products are currently The Department will instruct U.S. provided for under the Harmonized International Trade Administration Tariff Schedule of the United States Customs and Border Protection (‘‘CBP’’) (HTSUS) as item numbers 7306.30.10, [C–570–911] to assess countervailing duties on all 7306.30.50, and 7306.90.10. Although appropriate entries. For the companies Circular Welded Carbon Quality Steel the HTSUS subheadings are provided for which this review is rescinded, Pipe From the People’s Republic of for convenience and customs purposes, countervailing duties shall be assessed China: Rescission of Countervailing the written description of the at rates equal to the cash deposit of Duty Administrative Review merchandise is dispositive. estimated countervailing duties required at the time of entry, or withdrawal from AGENCY: Import Administration, Intent To Rescind the 2010 warehouse, for consumption, in Administrative Review, in Part International Trade Administration, Department of Commerce. accordance with 19 CFR Because ERBOSAN is unable to 351.212(c)(1)(i). The Department DATES: Effective Date: December 20, intends to issue appropriate assessment provide evidence that the company had 2011. a Type 3 entry of subject merchandise instructions to CBP 15 days after the to the United States during the POR, we FOR FURTHER INFORMATION CONTACT: date of publication of this notice. Joshua Morris at (202) 482–1779; AD/ preliminarily determine that we will Notification Regarding Administrative 3 CVD Operations, Office 1, Import rescind the review for ERBOSAN. In Protective Order Allegheny Ludlum Corp. v. United Administration, International Trade States, 346 F.3d 1368 (Fed. Cir. 2003), Administration, U.S. Department of This notice serves as a final reminder Commerce, 14th Street and Constitution to parties subject to administrative Antidumping Duty Administrative Review, 71 FR Avenue NW., Washington, DC 20230. protective order (‘‘APO’’) of their 39299, 39302 (July 12, 2006), and Portable Electric responsibility concerning the Typewriters from Japan; Final Results of Background disposition of proprietary information Antidumping Duty Administrative Review, 56 FR On July 1, 2011, the Department of disclosed under APO in accordance 14072, 14073 (April 5, 1991). 3 We also intend to notify CBP about the status Commerce (‘‘the Department’’) with 19 CFR 351.305(a)(3). Timely of entries of subject merchandise produced/ published a notice announcing the written notification of the return/ exported by ERBOSAN. opportunity to request an administrative destruction of APO materials or

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conversion to judicial protective order is specified in 19 CFR 351.218(d)(1)(i): Operations, to Paul Piquado, Assistant hereby requested. Failure to comply AMG Vanadium Inc., and Gulf Chemical Secretary for Import Administration with the regulations and terms of an and Metallurgical Corporation and its (Decision Memorandum), which is APO is a sanctionable violation. wholly owned subsidiary, Bear hereby adopted by, and issued This notice of rescission is issued and Metallurgical Corporation (collectively concurrently with, this notice. The published in accordance with sections ‘‘the domestic interested parties’’). The issues discussed in the Decision 751(a)(1) and 777(i)(1) of the Tariff Act, domestic interested parties claimed Memorandum include the likelihood of as amended, and 19 CFR 351.213(d)(4). interested party status under section continuation or recurrence of dumping Dated: December 12, 2011. 771(9)(C) of the Act, as manufacturers or and the magnitude of the margins likely wholesalers of a domestic like product Christian Marsh, to prevail if the order were revoked. The in the United States. Decision Memorandum is a public Deputy Assistant Secretary for Antidumping The Department received complete and Countervailing Duty Operations. document and is on file electronically substantive responses to the notice of via Import Administration’s [FR Doc. 2011–32547 Filed 12–19–11; 8:45 am] initiation from the domestic interested Antidumping and Countervailing Duty BILLING CODE 3510–DS–P parties within the 30-day deadline Centralized Electronic Services System specified in 19 CFR 351.218(d)(3)(i). We (‘‘IA ACCESS’’). Access to IA ACCESS received no response from any DEPARTMENT OF COMMERCE is available in the Central Records Unit, respondent interested parties. As a room 7046 of the main Department of International Trade Administration result, pursuant to section 751(c)(3)(B) Commerce building. In addition, a of the Act and 19 CFR complete version of the Decision [A–821–807] 351.218(e)(1)(ii)(C)(2), the Department Memorandum can be accessed on the conducted an expedited (120-day) Final Results of Expedited Sunset Internet at http://www.trade.gov/ia/. sunset review of the antidumping duty The signed Decision Memorandum and Review: Ferrovanadium and Nitrided order. Vanadium From Russia the electronic versions of the Decision Scope of the Order Memorandum are identical in content. AGENCY: Import Administration, International Trade Administration, The products covered by the order are Final Results of Review Department of Commerce. ferrovanadium and nitrided vanadium, regardless of grade, chemistry, form or We determine that revocation of the SUMMARY: On September 1, 2011, the size, unless expressly excluded from the antidumping duty order on Department of Commerce (the scope of the order. Ferrovanadium ferrovanadium and nitrided vanadium Department) initiated the third sunset includes alloys containing from Russia would be likely to lead to review of the antidumping duty order ferrovanadium as the predominant continuation or recurrence of dumping on ferrovanadium and nitrided element by weight (i.e., more weight at the following weighted-average vanadium from the Russian Federation than any other element, except iron in percentage margins: (Russia), pursuant to section 751(c) of some instances) and at least 4 percent the Tariff Act of 1930, as amended (the Margin by weight of iron. Nitrided vanadium Exporter/Manufacturer Act). The Department has conducted an Percentage includes compounds containing expedited (120-day) sunset review for vanadium as the predominant element, this order pursuant to section Galt Alloys, Inc ...... 3.75 by weight, and at least 5 percent, by Gesellschaft fu¨r 751(c)(3)(B) of the Act and 19 CFR weight, of nitrogen. Elektrometallurgie m.b.H. 351.218(e)(1)(ii)(C)(2). As a result of this Excluded from the scope of the order (and its related companies sunset review, the Department finds that are vanadium additives other than Shieldalloy Metallurgical Cor- revocation of the antidumping duty ferrovanadium and nitrided vanadium, poration and Metallurg, Inc.) 11.72 order would be likely to lead to such as vanadium-aluminum master Odermet ...... 10.10 continuation or recurrence of dumping. alloys, vanadium chemicals, vanadium All Other Russian Manufactur- ers and Exporters1 ...... 108.00 FOR FURTHER INFORMATION CONTACT: waste and scrap, vanadium-bearing raw David Goldberger, AD/CVD Operations, materials, such as slag, boiler residues, 1 Prior to Russia’s graduation to market- Office 2, Import Administration, fly ash, and vanadium oxides. economy status, this rate was referred to as International Trade Administration, The products subject to the order are the Russia-wide rate. U.S. Department of Commerce, 14th currently classifiable under subheadings Street and Constitution Avenue NW., This notice also serves as the only 2850.00.20, 7202.92.00, 7202.99.5040, reminder to parties subject to Washington, DC 20230; telephone: (202) 8112.40.3000, and 8112.40.6000 of the 482–4136. administrative protective order (APO) of Harmonized Tariff Schedule of the their responsibility concerning the SUPPLEMENTARY INFORMATION: United States (‘‘HTSUS’’). Although the return or destruction of proprietary HTSUS subheadings are provided for Background information disclosed under APO in convenience and customs purposes, our On September 1, 2011, the accordance with 19 CFR 351.305. written description of the scope is Timely notification of the return or Department published the notice of dispositive. initiation of the third sunset review of destruction of APO materials or the antidumping duty order on Analysis of Comments Received conversion to judicial protective orders ferrovanadium and nitrided vanadium All issues raised in this review are is hereby requested. Failure to comply from Russia, pursuant to section 751(c) addressed in the ‘‘Issues and Decision with the regulations and terms of an of the Act. See Initiation of Five-Year Memorandum for the Expedited Sunset APO is a violation which is subject to (‘‘Sunset’’) Review, 76 FR 54430 Review of the Antidumping Duty Order sanction. (September 1, 2011). on Ferrovanadium and Nitrided We are issuing and publishing the The Department received notices of Vanadium from Russia’’ from Christian results and notice in accordance with intent to participate from the following Marsh, Deputy Assistant Secretary for sections 751(c), 752(c), and 777(i)(1) of domestic parties within the deadline Antidumping and Countervailing Duty the Act.

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Dated: December 13, 2011. permanent on October 21, 1997, 62 FR direct hiring, selective use of higher Paul Piquado, 54604. NIST amended the plan on May entry salaries, and selective use of Assistant Secretary for Import 6, 2005, 70 FR 23996, which became recruiting allowances; (2) motivate and Administration. permanent on June 6, 2005. NIST retain staff through higher pay potential, [FR Doc. 2011–32552 Filed 12–19–11; 8:45 am] amended the plan again on July 15, pay-for-performance, more responsive BILLING CODE 3510–DS–P 2008, 73 FR 40502, and that amendment personnel systems, and selective use of became permanent on October 1, 2008. retention allowances; (3) strengthen the On December 3, 2010, the Department manager’s role in personnel DEPARTMENT OF COMMERCE of Commerce approved NIST’s request management through delegation of to pilot direct-hire under Title 5, CFR, personnel authorities; and (4) increase National Institute of Standards and Part 337, Subpart B, for a period of one the efficiency of personnel systems Technology year for all positions within the through installation of a simpler and Scientific and Engineering (ZP) career [Docket Number: 111208744–1741–01] more flexible classification system path at the Pay Band III and above, for based on pay banding through reduction Alternative Personnel Management Nuclear Reactor Operator positions in of guidelines, steps, and paperwork in System (APMS) at the National the Scientific and Engineering classification, hiring, and other Institute of Standards and Technology Technician (ZT) career path at Pay Band personnel systems, and through III and above, and for all occupations for automation. AGENCY: National Institute of Standards which there is a special rate under the Since implementing the APMS in and Technology, Department of General Schedule (GS) pay system. 1987, according to findings in the Office Commerce. NIST received approval to gather data of Personnel Management’s ‘‘Summative ACTION: Notice. on the impact of direct-hire authority on Evaluation Report National Institute of preference eligibles, as well as SUMMARY: This notice informs the public Standards and Technology information supporting the finding of a Demonstration Project: 1988–1995,’’ that the National Institute of Standards severe shortage of candidates for the and Technology (NIST) is extending for NIST has accomplished the following: positions covered under the direct-hire NIST is more competitive for talent; six (6) months beginning on January 5, authority. On January 5, 2011, NIST NIST retained more top performers than 2012, its APMS direct-hire authority published a Federal Register notice a comparison group; and NIST managers pilot. NIST will continue piloting implementing the direct-hire pilot for a reported significantly more authority to direct-hire authority under Title 5, CFR, period of one year. Part 337, Subpart B for all positions The APMS plan provides for make decisions concerning employee within NIST in the Scientific and modifications to be made as experience pay. This modification builds on this Engineering (ZP) career path at the Pay is gained, results are analyzed, and success by extending the pilot on direct- Band III and above, for Nuclear Reactor conclusions are reached on how the hire authority under Title 5, CFR, Part Operator positions in the Scientific and system is working. This notice formally 337, Subpart B, for a period of six (6) Engineering (ZT) career path at Pay modifies the APMS plan to align direct- additional months. Band III and above, and for all hire procedures with OPM’s direct-hire This amendment modifies the October occupations for which there is a special authority on a pilot basis for an 21, 1997 Federal Register notice. rate under the General Schedule pay additional six months. During this Specifically, it enables NIST to hire, system. extended pilot period, NIST will be after public notice is given, any submitting a request to the Department qualified applicant without regard to DATES: This notice is effective on 5 U.S.C. 3309–3318, 5 CFR part 211, or December 20, 2011. of Commerce to implement direct-hire authority under Title 5, CFR, Part 337, 5 CFR part 337, subpart A for an FOR FURTHER INFORMATION CONTACT: Subpart B, on a permanent basis. The additional period of six (6) months. Janet Hoffman at the National Institute request will include a statistical analysis During this extended pilot period, of Standards and Technology, (301) determining the impact of direct-hire NIST will be submitting a request to the 975–3185; or Valerie Smith at the U.S. authority on preference eligibles as well Department of Commerce to implement Department of Commerce, (202) 482– as a justification supporting the finding direct-hire authority under Title 5, CFR, 0272. of a severe shortage of candidates in the Part 337, Subpart B, on a permanent SUPPLEMENTARY INFORMATION: covered positions. If additional time is basis. The request will include a required to complete review of NIST’s statistical analysis determining the Background request, the pilot may be extended for impact of direct-hire authority on In accordance with Public Law 99– an additional six (6) months. preference eligibles as well as a justification supporting the finding of a 574, the NIST Authorization Act for Dated: December 15, 2011. 1987, the Office of Personnel severe shortage of candidates in the Kevin Kimball, Management (OPM) approved a covered positions. If additional time is demonstration project plan, Chief of Staff. required to complete review of NIST’s ‘‘Alternative Personnel Management Table of Contents request, the pilot may be extended for System (APMS) at the National Institute an additional six (6) months. I. Executive Summary of Standards and Technology (NIST),’’ II. Basis for APMS Plan Modification NIST will continually monitor the and published the plan in the Federal III. Changes to the APMS Plan effectiveness of this amendment. Register on October 2, 1987. 52 FR II. Basis for APMS Plan Modification 37082. The project plan has been I. Executive Summary modified twice to clarify certain NIST The National Institute of Standards Section 3304 (c) of title 5, United authorities (54 FR 21331 of May 17, and Technology’s (NIST) Alternative States Code, provides agencies with the 1989, and 55 FR 39220 of Sept. 25, Personnel Management System (APMS) authority to appoint candidates directly 1990). The project plan and subsequent is designed to (1) improve hiring and to jobs for which OPM determines that amendments were consolidated in the allow NIST to compete more effectively there is a severe shortage of candidates final APMS plan, which became for high-quality researchers through or a critical hiring need.

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In 1987 with the approval of the NIST DEPARTMENT OF COMMERCE 22877), is requested under the authority APMS (52 FR 37082), and in 1997 when of the Endangered Species Act of 1973, the APMS plan was modified (62 FR National Oceanic and Atmospheric as amended (16 U.S.C. 1531 et seq.) and 54604), OPM concurred that all Administration the regulations governing the taking, occupations in the ZP career path at the RIN 0648–XA873 importing, and exporting of endangered band III and above constitute a shortage and threatened species (50 CFR 222– category; Nuclear Reactor Operator Endangered Species; File No. 15566 226). positions in the ZT Career Path at the Permit No. 15566 authorizes capture Pay Band III and above constitute a AGENCY: National Marine Fisheries by trawl up to 345 loggerhead (Caretta shortage category; and all occupations Service (NMFS), National Oceanic and caretta), 29 Kemp’s ridley (Lepidochelys for which there is a special rate under Atmospheric Administration (NOAA), kempii), 9 green (Chelonia mydas), 1 the General Schedule pay system Commerce. leatherback (Dermochelys coriacea), and constitute a shortage category. ACTION: Notice; receipt of application for 1 hawksbill (Eretmochelys imbricata) OPM’s direct-hire authority enables a permit modification. sea turtle in order to assess temporal change in catch rates, size distributions, agencies to hire, after public notice is SUMMARY: Notice is hereby given that given, any qualified application without sex and genetic ratios, and health of sea South Carolina Department of Natural turtles. Captures occur annually in regard to 5 U.S.C. 3309–3318, 5 CFR Resources, Marine Resources Division, coastal waters between Winyah Bay, SC part 211, or 5 CFR part 337, subpart A. Charleston, SC 29422–2559 and St. Augustine, FL. Turtles may be NIST’s APMS allows the NIST Director [Responsible Party: Mike Arendt], has handled, blood sampled, measured, to modify procedures if no new waiver requested a modification to scientific flipper and passive integrated from law or regulation is added. Given research Permit No. 15566. transponder (PIT) tagged, photographed, this modification is in accordance with DATES: and released. A subsample of animals existing law and regulation, the NIST Written, telefaxed, or email are subject to barnacle, keratin, fecal, Director is authorized to make the comments must be received on or before and tissue sampling, cloacal swabs, and changes described in this notice. The January 19, 2012. attachment of satellite and/or VHF modification to our final Federal ADDRESSES: The modification request transmitters. Up to five loggerhead, one Register Notice, dated October 21, 1997, and related documents are available for Kemp’s ridley, one green, one with respect to our Staffing authorities review by selecting ‘‘Records Open for leatherback, and one hawksbill sea is provided below. Public Comment’’ from the Features box on the Applications and Permits for turtle could be accidentally killed over III. Changes in the APMS Plan Protected Species (APPS) home page, the life of the permit. The permit holder requests authorization to increase the The APMS at the NIST, published in https://apps.nmfs.noaa.gov/, and then selecting File No. 15566 from the list of number of authorized Kemp’s ridleys the Federal Register October 21, 1997 from 29 to 79 turtles annually. The 50 (62 FR 54604) is amended as follows: available applications. These documents are also available upon written request additional sea turtles would be 1. The subsection titled: ‘‘Direct or by appointment in the following captured, handled, blood sampled, Examination and Hiring’’ is deleted. offices: measured, flipper and PIT tagged, 2. The subsection titled ‘‘Direct Hire: Permits and Conservation Division, photographed, and released. No other Critical Shortage Highly Qualified Office of Protected Resources, NMFS, changes would be made to the permit. Candidates’’ is deleted. 1315 East-West Highway, Room 13705, The purpose of the proposed research 3. The information under the Silver Spring, MD 20910; phone (301) remains the same. subsection titled: ‘‘NIST Applicant 427–8401; fax (301) 713–0376; and Dated: December 14, 2011. Supply File’’ is replaced with: NIST Southeast Region, NMFS, 263 13th P. Michael Payne, advertises the availability of job Ave. South, St. Petersburg, FL 33701; Chief, Permits and Conservation Division, opportunities in Direct-Hire occupations phone (727) 824–5312; fax (727) 824– Office of Protected Resources, National by posting on the OPM USAJOBS Web 5309. Marine Fisheries Service. site. NIST will follow internal Direct Written comments on this application [FR Doc. 2011–32543 Filed 12–19–11; 8:45 am] Hire procedures for accepting should be submitted to the Chief, BILLING CODE 3510–22–P applications. Permits and Conservation Division: • 4. The subsection titled: ‘‘Referral By email to Procedures for Direct Examination and [email protected] (include DEPARTMENT OF COMMERCE the File No. in the subject line of the Hiring and Agency Based Staffing National Oceanic and Atmospheric Authorities’’ is deleted. email), • By facsimile to (301) 713–0376, or Administration 5. A new subsection titled: ‘‘Referral • At the above address. RIN 0648–XA874 Procedures for Direct-Hire’’ is added Those individuals requesting a public and the information under this hearing should submit a written request Marine Mammals; File No. 15240 subsection is as follows: After public to the Chief, Permits and Conservation notice is given, a qualified candidate Division at the address listed above. The AGENCY: National Marine Fisheries may be referred without regard to request should set forth the specific Service (NMFS), National Oceanic and 5 U.S.C. 3309–3318, 5 CFR part 211, or reasons why a hearing on this Atmospheric Administration (NOAA), 5 CFR part 337, subpart A. application would be appropriate. Commerce. ACTION: Notice; receipt of application. 6. The subsection titled: ‘‘Direct FOR FURTHER INFORMATION CONTACT: Referral’’ is deleted. Kristy Beard or Amy Hapeman, (301) SUMMARY: Notice is hereby given that 7. The subsection titled: ‘‘Rating and 427–8401. the NMFS Pacific Islands Fisheries Ranking’’ is deleted. SUPPLEMENTARY INFORMATION: The Science Center (PIFSC), 2570 Dole [FR Doc. 2011–32525 Filed 12–19–11; 8:45 am] subject modification to Permit No. Street, Honolulu, Hawaii 96822 BILLING CODE 3510–13–P 15566, issued on April 8, 2011 (76 FR (Responsible Party: Frank A. Parrish,

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Ph.D.), has applied in due form for a whales] and one stock proposed to be DEPARTMENT OF COMMERCE permit to conduct research on listed as endangered, Hawaiian insular cetaceans. false killer whales (Pseudorca National Oceanic and Atmospheric Administration DATES: Written, telefaxed, or email crassidens). Takes would also be authorized for five categories of comments must be received on or before [Docket No. 111205720–1718–01] January 19, 2012. unidentified cetaceans (dolphins, ADDRESSES: The application and related beaked whales, Mesoplodon spp., RIN 0648–XA740 documents are available for review by rorquals, and Kogia spp.). Endangered selecting ‘‘Records Open for Public Hawaiian monk seals (Monachus Listing Endangered and Threatened Comment’’ from the Features box on the schauinslandi) may be harassed Wildlife and Plants; 90-Day Finding on Applications and Permits for Protected incidental to the cetacean research. The Petitions To List the Thorny Skate Species (APPS) home page, https:// purpose of the research is to determine (Amblyraja radiata) Under the apps.nmfs.noaa.gov, and then selecting the abundance, distribution, stock Endangered Species Act File No. 15240 from the list of available structure, movement patterns, and AGENCY: National Marine Fisheries applications. ecological relationships of cetaceans Service (NMFS), National Oceanic and These documents are also available occurring in U.S. and international Atmospheric Administration (NOAA), upon written request or by appointment waters of the Pacific Islands Region. The Commerce. in the following offices: action area includes places such as ACTION: Notice of 90-day petition Permits and Conservation Division, Hawaii, Palmyra, American Samoa, Office of Protected Resources, NMFS, finding. Guam, the Commonwealth of the 1315 East-West Highway, Room 13705, Northern Mariana Islands, Johnston SUMMARY: We, NMFS, announce 90-day Silver Spring, MD 20910; phone (301) Atoll, Kingman Reef, Howland Island, finding for petitions to list the thorny 427–8401; fax (301) 713–0376; and skate (Amblyraja radiata) under the Pacific Islands Region, NMFS, 1601 Baker Island, Jarvis Island, and Wake Endangered Species Act (ESA). We find Kapiolani Blvd., Rm 1110, Honolulu, HI Island. Research methodologies include that the petitions do not present 96814–4700; phone (808) 944–2200; fax aerial and vessel surveys, behavioral substantial scientific information (808) 973–2941; observations, photo-identification, Written comments on this application acoustic recordings, biological sample indicating the petitioned actions may be should be submitted to the Chief, collection, and dart and suction cup warranted. Accordingly, we will not Permits and Conservation Division, at tagging. Salvage and import/export of initiate a review of the status of thorny skate at this time. the address listed above. Comments may cetacean parts, specimens, and also be submitted by facsimile to (301) biological samples would also occur. FOR FURTHER INFORMATION CONTACT: Kim Damon-Randall, NMFS, Northeast 713–0376, or by email to A draft environmental assessment [email protected]. Please Regional Office (978) 282–8485 or Marta (EA) has been prepared in compliance include the File No. in the subject line Nammack, NMFS, Office of Protected with the National Environmental Policy of the email comment. Resources (301) 427–8469. The petition Those individuals requesting a public Act of 1969 (42 U.S.C. 4321 et seq.), to and other pertinent information are also hearing should submit a written request examine whether significant available electronically at the NMFS to the Chief, Permits and Conservation environmental impacts could result Web site at http://www.nero.noaa.gov/ Division at the address listed above. The from issuance of the proposed scientific prot_res/CandidateSpeciesProgram/ request should set forth the specific research permit. The draft EA is csr.htm. available for review and comment reasons why a hearing on this SUPPLEMENTARY INFORMATION: application would be appropriate. simultaneous with the scientific FOR FURTHER INFORMATION CONTACT: research permit application. Background Carrie Hubard or Laura Morse, (301) Concurrent with the publication of On August 11, 2011, we received a 427–8401. this notice in the Federal Register, petition from the Animal Welfare SUPPLEMENTARY INFORMATION: The NMFS is forwarding copies of the Institute (AWI) requesting that we list, subject permit is requested under the application to the Marine Mammal as a Distinct Population Segment (DPS), authority of the Marine Mammal Commission and its Committee of the Northwest Atlantic population of Protection Act of 1972, as amended Scientific Advisors. thorny skates as endangered or (MMPA; 16 U.S.C. 1361 et seq.), the threatened throughout all or a regulations governing the taking and Dated: December 14, 2011. significant portion of its range. In the importing of marine mammals (50 CFR P. Michael Payne, alternative, AWI asked that we list the part 216), the Endangered Species Act of Chief, Permits and Conservation Division, U.S. DPS of the thorny skate as 1973, as amended (ESA; 16 U.S.C. 1531 Office of Protected Resources, National endangered. AWI also requests the et seq.), and the regulations governing Marine Fisheries Service. designation of critical habitat for the the taking, importing, and exporting of [FR Doc. 2011–32538 Filed 12–19–11; 8:45 am] thorny skate in U.S. waters. endangered and threatened species (50 BILLING CODE 3510–22–P On August 23, 2011, we received a CFR 222–226). petition from WildEarth Guardians and The PIFSC is requesting a five-year Friends of Animals (WEG & FA) permit to conduct research on 20 requesting that we list thorny skate, cetacean species, including six species barndoor skate, winter skate and smooth listed as endangered [blue skate as threatened or endangered. In (Balaenoptera musculus), fin (B. the alternative, the petitioners request physalus), sei (B. borealis), humpback that we list any and all DPSs of these (Megaptera novaeangliae), sperm species that may exist, and, in (Physeter macrocephalus), and North particular, the petitioners requested that Pacific right (Eubalaena japonica) we list the U.S. population of thorny

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skate as a threatened or endangered practicable, this finding is to be made ecological setting unusual or unique for DPS. within 90 days of the receipt of the the taxon; (2) evidence that loss of the The joint USFWS/NMFS petition petition (ESA Section 4(b)(3)(A)), and discrete population segment would management handbook states that if we the finding is to be published promptly result in a significant gap in the range receive two petitions for the same in the Federal Register. If we find that of the taxon; (3) evidence that the DPS species and a 90-day finding has not yet the petition presents substantial represents the only surviving natural been made on the earlier petition, then information indicating that the occurrence of a taxon that may be more the later petition will be combined with requested action may be warranted, abundant elsewhere as an introduced the earlier petition and a combined 90- section 4(b)(3)(A) of the ESA requires population outside of its historic range; day finding will be prepared. Given the Secretary of Commerce (Secretary) or (4) evidence that the discrete that, this 90-day finding will address the to conduct a review of the status of the population segment differs markedly AWI petition for thorny skate and the species. Section 4(b)(3)(B) requires the from other populations of the species in portion of the petition from WEG & FA Secretary to make a finding as to its genetic characteristics. that addresses thorny skate. The whether the petitioned action is The ESA defines an endangered remainder of the WEG&FA petition will warranted within 12 months of the species as ‘‘any species which is in be addressed in a separate 90-day receipt of the petition. The Secretary has danger of extinction throughout all or a finding. In this finding, the AWI and delegated authority for these actions to significant portion of its range (ESA WEG & FA petitions will be referred to the NOAA Assistant Administrator for section 3(6)).’’ The ESA defines a as ‘‘the petitions,’’ and the three Fisheries. threatened species as a species that is organizations will be referred to To be considered for listing under the ‘‘likely to become an endangered collectively as ‘‘the petitioners.’’ ESA, a group of organisms must species within the foreseeable future The petitioners state that there can be constitute a ‘‘species.’’ A ‘‘species’’ is throughout all or a significant portion of no reasonable dispute that the available defined in section 3 of the ESA to its range (ESA section 3(20)).’’ Under information, in particular the include ‘‘any subspecies of fish or the ESA, a listing determination can International Union for Conservation of wildlife or plants, and any distinct address a species, subspecies, or a DPS Nature’s (IUCN) assessment that each of population segment of any species of of a vertebrate species (see ESA section the petitioned species is ‘‘Critically vertebrate fish or wildlife which 3(16)). Under section 4(a)(1) of the ESA, Endangered’’ or ‘‘Endangered,’’ interbreeds when mature.’’ On February a species may be determined to be indicates that listing these skates as 7, 1996, NMFS and the U.S. Fish and threatened or endangered as a result of either threatened or endangered may be Wildlife Service (collectively, the any one of the following factors: (A) warranted. The petitioners claim that ‘‘Services’’) adopted a policy to clarify Present or threatened destruction, the species’ life history characteristics their interpretation of the phrase modification, or curtailment of its and limited ability to recover in ‘‘distinct population segment of any habitat or range; (B) overutilization for response to abrupt population declines species of vertebrate fish and wildlife’’ commercial, recreational, scientific, or makes the thorny skate particularly (61 FR 4722). The joint DPS policy educational purposes; (C) disease or vulnerable to overexploitation. The describes two criteria that must be predation; (D) inadequacy of existing petitions cite steady declines in biomass considered when identifying DPSs: (1) regulatory mechanisms; or (E) other indices in the United States since the The discreteness of the population natural or manmade factors affecting its mid-1970s and claim that unsustainable segment in relation to the remainder of continued existence. Listing bycatch mortality and illegal landings the species (or subspecies) to which it determinations are to be made solely on threaten the species’ survival. The belongs; and (2) the significance of the the basis of the best scientific and petitioners also state that regulatory population segment to the remainder of commercial data available, after mechanisms in the United States and the species (or subspecies) to which it conducting a review of the status of the Canada have been insufficient to belongs. As further stated in the joint species and taking into account efforts promote significant stock rebuilding and policy, if a population segment is made by any state or foreign nation to improve the species’ status. discrete and significant (i.e., it is a DPS), protect such species. its evaluation for endangered or ESA Statutory Provisions and Policy Species Description Considerations threatened status will be based on the ESA’s definitions of those terms and a The thorny skate occurs on both sides Section 4(b)(3)(A) of the ESA (16 review of the five factors enumerated in of the Atlantic. In the western North U.S.C. 1533(b)(3)(A)) requires that we section 4(a)(1) of the ESA (detailed Atlantic, it ranges from western make a finding as to whether a petition below). Greenland to South Carolina, and in the to list, delist, or reclassify a species Under the DPS policy, a population eastern North Atlantic, it ranges from presents substantial scientific or segment may be determined to be Iceland to the southwestern coasts of commercial information indicating that discrete if: (1) It is markedly separated Ireland and England (Bigelow and the petitioned action may be warranted. from other populations of the same Schroeder, 1953). This species is ESA implementing regulations define taxon as a consequence of physical, characterized by a row of 11 to 19 large substantial information as the amount of physiological, ecological or behavioral thorns running down the midline of the information that would lead a factors; and/or (2) the population is back and tail (Bigelow and Schroeder, reasonable person to believe that the delimited by international boundaries 1953; Collette and Klein-MacPhee, measure proposed in the petition may within which differences in control of 2002). Thorny skate are generally brown be warranted (50 CFR 424.14(b)(1)). In exploitation, management of habitat, dorsally with a white ventral surface. determining whether substantial conservation status, or regulatory They may reach lengths of over 39 information exists for a petition to list mechanisms exist that are significant in inches (991 mm), but maximum size a species, we take into account several light of section 4(a)(1)(D) of the ESA. varies over its range. factors, including information submitted The DPS policy also cites examples of According to Collette and Klein- with, and referenced in, the petition and potential considerations indicating MacPhee (2002), females deposit a all other information readily available in significance, including: (1) Persistence single fertilized egg capsule which our files. To the maximum extent of the discrete population segment in an ranges in size from 2 to 4 inches (48 to

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96 mm) in length and 1.33 to 3 inches considered a sedentary species. In Canadian populations of thorny skates (34 to 77 mm) in width. While females addition, they state that there are no are separated by an international with fully formed egg capsules are scientific studies that indicate trans- boundary and state that the captured year round, the percentage of Atlantic migration or significant genetic conservation status of thorny skates mature females with capsules is highest interface between the Northwest and varies significantly across the U.S./ during the summer (Collette and Klein- Northeast Atlantic stocks. Canadian border and that the regulatory MacPhee, 2002). Thorny skate feed on The AWI petition also presents an regimes also differ significantly across benthic invertebrates and fish. Thorny alternative justification for considering the border. skates are found over a wide variety of the thorny skate population in United The petitioners assert that the U.S. substrates including sand, broken shell, States waters as a DPS. The petition population of thorny skates meets gravel, pebbles, and soft mud and are claims that the United States population several of the criteria for significance primarily found from 20 to 3,900 feet is discrete because it is delimited by including that it persists in an unusual (18 to 1200 m) deep (Collette and Klein- international governmental boundaries and unique ecological setting for the MacPhee, 2002). They appear to make (delineating the United States and taxon because thorny skates off the U.S. seasonal migrations that have been Canada) and significant differences exist coast represent the southernmost noted on the Scotian Shelf and the in the control of exploitation, population of the species in the world. Grand Banks, but specific details on the conservation status, and regulatory They state that, as global temperatures spatial patterns and timing are lacking mechanisms. They further claim that rise, these adaptations to warmer (NEFSC, 2003). Kulka and Miri (2003) evidence suggests that the U.S. DPS may temperatures will become even more report a change in the spring and fall be discrete because it is markedly important to the species’ survival, and, distributions resulting in a higher separated from the Canadian population therefore, conservation of the U.S. density and greater proportion of as a consequence of physical and/or population with its particular warm- biomass being found in deeper waters ecological factors and that the U.S. water adaptation is essential to the during the spring. These aggregations, population meets the significance conservation of the species as a whole. they note, appear to be correlated with criterion of the DPS policy because the They further claim that loss of the U.S. warmer relative temperatures. loss of the DPS would result in a population would result in a significant Sulikowski et al. (2005) aged thorny significant reduction in the range of the gap in the range of the species because skate in the Gulf of Maine and estimated taxon. The AWI petition states that the it would result in the extirpation of the the oldest age to be 16 years for both thorny skate is managed as a single species from several hundred miles of males and females. For females, 50 stock in Canada which dominates the continental shelf where it is now percent maturity occurred at Canadian commercial catches, viable. Finally, they indicate that approximately 11 years and 875 mm representing approximately 95 percent evidence suggests that the U.S. thorny (34.5 inches) total length (TL); while for of the total skates caught. The petitioner skate population exhibits genetic males, approximately 10.9 years and contrasts this with the situation in the characteristics that differ from those of 865 mm (34 inches) TL (Sulikowski et United States where there is no directed other populations of the species. al., 2006). fishery, claiming the population decline The petitioners cite thorny skate is attributed to retained incidental tagging studies as evidence of their Analysis of Petition and Information catches, bycatch, and discard mortality. relative lack of dispersal and high site Readily Available in NMFS Files The petitioner also states that the fidelity, but these studies actually The following sections contain Canadian population has stabilized, provide a more complex view. information found in the petition and whereas the U.S. population is being Templeman (1984) states that most readily available in our files to overfished and continues to decline. thorny skates were recaptured within 60 determine whether a reasonable person WildEarth Guardians and Friends of miles (97 km) of their tagging location, would conclude that an endangered or Animals request that if the Secretary but also that 13 percent of skates were threatened listing may be warranted as determines that the thorny skate is not recaptured 100 to 240 miles (161 to 386 a result of any of the factors listed under threatened or endangered throughout all km) from where they were tagged. Some section 4(a)(1) of the ESA. or a significant portion of its range, that of these moved considerable distances the population of thorny skates in U.S. over short durations. Templeman (1984) Analysis of DPS Information waters be listed as threatened or concluded that thorny skates are The AWI petition claims that the endangered as a DPS. The petitioners capable of longer migrations than other Northwest Atlantic thorny skate claim that the U.S. population of thorny skates that have been studied. population, encompassing Canadian skate is discrete from the Canadian and The thorny skate ranges across the and United States waters, satisfies both Northeast Atlantic skate populations entire North Atlantic Ocean, and recent the ‘‘discrete’’ and ‘‘significant’’ because fish in the Gulf of Maine are population genetics research indicates requirements for DPS designation. AWI larger, produce larger egg capsules, and that there is little structure in argues that the Northwest Atlantic have distinct behavior characteristics. populations across its range (Chevolot et population is discrete because it is They specifically cite different diets and al., 2007; Ostrow et al., 2008). These markedly separated from other the year-round reproduction of thorny results would argue against the populations due to physical and skates in the Gulf of Maine compared to existence of a U.S. or Northwest biological factors, and significant autumn reproduction of thorny skates in Atlantic DPS, and instead may indicate because loss of the DPS would result in the Grand Banks. Furthermore, they that these areas are components of a a significant gap in the taxon’s range. state that studies of skate migration larger panmictic stock, connected by AWI acknowledges that scientific demonstrate that, although thorny large-scale dispersal of individual skates literature on thorny skates demarcates skates undergo seasonal migrations from (Chevolot et al., 2007). The petitioners the Northwest and Northeast Atlantic shallow to deeper waters, they do not state that ‘‘there are no scientific studies populations. AWI states that research undergo any longer-range migrations, that indicate trans-Atlantic migration or indicates that small groups of thorny nor do they move far from their starting significant genetic interface between the skates may make limited seasonal location during their lifetimes. The Northwest and Northeast Atlantic migrations, but it is generally petitioners also note that the U.S. and stocks.’’ However, Chevolot et al. (2007)

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examined the mitochondrial DNA of Abundance a hyper-aggregation with 80 percent of thorny skates sampled from The petitioners cite the 2008 Skate the biomass now concentrated in 20 Newfoundland, Iceland, Norway, and Stock Assessment and Fishery percent of the area along the southwest the North Sea regions, and found that Evaluation (SAFE) Report prepared by slope of the Grand Banks (Kulka et al., genetic diversity was relatively the NEFSC as demonstrating a 2007). As noted by Kulka et al. (2006), homogeneous across all sites. They precipitous decline in thorny skate in the early 1980s, thorny skates were concluded that ‘‘the migratory range [of abundance and biomass in U.S. waters distributed over the entire Grand Banks the thorny skate] is much greater than since the late 1970s. The AWI petition in moderate to high concentrations, but previously acknowledged.’’ Recent DNA states that the most recent 3-year by the late 1990s, much of the biomass microsatellite analysis has also revealed average mean biomass survey from was concentrated in the southwest. The proportion of the surveyed area that there is no significant genetic 2008–2010 (0.245 kg/tow) is the lowest containing no skates increased from structure for thorny skates within the in the time series. Gulf of Maine, or between the Gulf of The petitioners state that the IUCN about 2 percent in 1980–1988 to 22 Maine and Canada (Ostrow et al., 2008). lists the U.S. population of thorny percent in 2004–2005. During 1980– Chevolet et al. (2007) note that the near skates as ‘‘Critically Endangered’’ and 1988, about 57 percent of the biomass was located within 20 percent of the absence of genetic differentiation in the Canadian population as survey area, and by 2001–2005, 78 thorny skate over the North Atlantic ‘‘Vulnerable’’ throughout its range in the percent of the biomass was located does not conform to predictions based Northwest Atlantic Ocean. They within 20 percent of the survey area. on life history characteristics and conclude that the IUCN listing rubric is Therefore, the area occupied by thorny acknowledge that the lack of power stricter than the ESA listing rubric skates has decreased, and the related to small sample size and the use because the IUCN designates a species population has become increasingly of only one molecular marker might as ‘‘Critically Endangered’’ when it is more concentrated in a smaller area provide an explanation. However, they ‘‘considered to be facing an extremely where bottom temperatures are note that a parallel study using the same high risk of extinction in the wild’’ and warmest. A very similar pattern of marker for another skate species did ‘‘Vulnerable’’ when it is ‘‘considered to find strong and highly significant aggregation was observed for northern be facing a high risk of extinction in the cod just prior to its collapse (Rose and structure at the ocean basin scale. wild,’’ and the IUCN only lists a species Existence of a Northwest Atlantic or a Kulka, 1999). Kulka and Miri (2003) or population if it is facing extinction state that aggregation and reduced area U.S. DPS is not well supported by the rangewide. available genetics studies because these of occupancy led to the cod being The Northeast Fisheries Science increasingly more vulnerable to do not indicate significant differences Center (NEFSC) has monitored skate that would be evidence of discreteness. exploitation, and they state this is very biomass annually in its bottom trawl similar to what is happening to thorny Given these genetic and tagging study survey since 1963. This survey is the skate. They do acknowledge that it is results, we do not find that the only source of information on the unknown whether these spatial petitioners have presented substantial relative abundance of thorny skates in dynamics are an indication of a skate scientific information supporting the U.S. waters, which are primarily stock under stress. The 2007 update by delineation of a Northwest Atlantic DPS distributed in the Gulf of Maine. Based Kulka and Miri noted that the species or a U.S. DPS of thorny skates. The on this information, the survey biomass had shown a minor re-expansion in its petitioners did present information index of thorny skates has steadily distribution in the past 3 to 4 years about differences in management declined from a high 3-year average of (Kulka and Miri, 2007). regimes in the United States and Canada 6.17 kg/tow in 1969–1971, to a low of Kulka and Miri (2006) noted that the for consideration of a discreteness 0.26 kg/tow in 2008–2010 in U.S. average weight of thorny skate in determination under the DPS policy. waters. We note that the AWI petition Canadian surveys had declined from 2 The petitioners did state that ‘‘the compares the biomass index to the kg in the early 1970s to 1.2 kg in 1996, differences in regulatory regime, control formerly used reference point (4.41 kg/ with the majority of this decline of exploitation, and conservation status tow) and not the updated biomass target occurring in the 1990s concurrent with across this border further indicate that (defined as the stock biomass that the decline in survey biomass. They the U.S. population is ‘‘discrete’’ within would produce maximum sustainable reported that average weight had the meaning of the DPS policy.’’ The yield) and thresholds (defined as an increased to about 1.6 kg since 1996. DPS policy requires identifying unacceptably low biomass) (4.12 kg/tow They note that the decline of thorny differences in control of exploitation, and 2.06 kg/tow, respectively) adopted skate, particularly on the northern management of habitat, conservation by the Data Poor Stocks Working Group Grand Banks, is concurrent in space and status, or regulatory mechanisms and an (DPSWG) and Amendment 3 to the time with the decline of many other explanation of how those differences are Skate Fishery Management Plan (FMP) demersal species and occurred during a significant in light of section 4(a)(1)(D) in 2009. For thorny skate, the 2008– period when bottom temperatures were of the ESA. The petitioners did not 2010 NEFSC autumn average biomass below average. present information on differences in index of 0.26 kg/tow is well below the The IUCN reviewed the status of management regimes between the biomass threshold reference point (2.06 thorny skate in 2004 and concluded that United States and Northeast Atlantic. kg/tow), indicating that the species is in the extent of decline warranted a global Sufficient time is not available within an overfished condition. The 2008–2010 assessment of ‘‘vulnerable,’’ but the 90-day initial petition review phase index is lower than the 2007–2009 ‘‘critically endangered’’ in U.S. waters. to conduct a review of international index by 4.4 percent, but overfishing is They noted that the species was regulations, so for the purposes of this not occurring as this decline is not more relatively stable in recent years in finding and to err on the side of the than 20 percent. Canada and the Northeast Atlantic, yet species, we consider the species range- AWI further states that Canadian declining in the United States. The wide as well as assume that a U.S. indices of thorny skate have also species was assessed as a species of population of thorny skates could be demonstrated a precipitous decline over Least Concern in the Northeast Atlantic. demonstrated to constitute a DPS. the past 4 decades and cites evidence of They also noted that the overall

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abundance (whether divided among skate’s ability to avoid predators. They skate wings evolved in the 1990s as subpopulations or not) still constitutes further note that although thorny skate skates were promoted as an several hundred million individuals. were once found throughout Grand underutilized species. The wing fishery Spring surveys on the Grand Banks Banks, 80 percent of the survey biomass is a more incidental fishery that indicate a minimum biomass estimate in Canadian surveys is now involves a larger number of vessels for the Northwest Atlantic of 100,000 concentrated into 20 percent of the area located throughout the region. Vessels tons that has been stable or increasing along the southwest slope of the Grand tend to catch skates when targeting slightly over the last 15 years, as Bank. They cite the IUCN report other species such as groundfish, reported in the 2004 IUCN assessment. statement that a similar pattern of monkfish, and scallops and land them if The reasons cited for the ‘‘critically hyper-aggregation was observed the price is high enough (NEFMC, endangered’’ classification for U.S. immediately before the collapse of a cod 2009). waters include low relative abundance population. Information in the petitions Thorny skates in the Atlantic U.S. below the fisheries limit reference point, and readily available in our files does Exclusive Economic Zone have been the long-term population decline, lack not indicate that thorny skate may be managed under authority of the of population increase with strict threatened or endangered due to present Magnuson-Stevens Fishery management laws, and the inability to or threatened habitat destruction, Conservation and Management Act monitor species specific landings. modification or curtailment. (Magnuson-Stevens Act) by the New For the Northeast Atlantic, the IUCN England Fishery Management Council’s assessment states that the species is Overutilization for Commercial, fishery management plan for the Recreational, Scientific, or Educational common and is the most abundant skate Northeast (NE) Skate Complex (Skate Purposes in the North Sea and has shown a FMP) since September 2003. Since that marked increase between 1970 and 1983 The AWI petition states that time, possession and landing of thorny in the Central North Sea and from 1982 population estimates for the thorny skates has been prohibited, but the to 1991 in English groundfish surveys. skate in Canadian waters indicate stable, survey biomass index has continued to but not increasing numbers; in U.S. decline. It is important to note that ESA Section 4(a)(1) Factors waters, survey biomass indices have based on the limited productivity of this The AWI petition presents been declining for decades, despite the species (long-lived, late maturity, low information on the five ESA factors but Federal ban on the landing and fecundity, etc.), rebuilding to target states that the continued survival of the possession of thorny skates since 2003. levels (4.12 kg/tow) was estimated to Northwest Atlantic DPS of thorny skates The petition claims that reports of take at least 25 years (i.e., 2028) is endangered by the following three of illegal thorny skate landings suggest that (NEFMC, 2009). The thorny skate’s low the five factors enumerated in the ESA: thorny skates are being exploited in the productivity makes it vulnerable to (B) overutilization for commercial, commercial wing market. AWI also cites exploitation, but also suggests that the recreational, scientific, or educational concern over discards and discard population is inherently slow to purposes; (D) inadequacy of existing mortality, with NEFSC assuming 50 respond to fishery management efforts. regulatory mechanisms; and (E) other percent discard mortality rate. Elasmobranch fishes are very resilient natural or manmade factors. WildEarth Guardians and Friends of and mobile species that move when WildEarth Guardians and Friends of Animals raise concern that the directed environmental conditions change to Animals claim that thorny skate are skate take will likely continue to suboptimal levels. This suggests that if threatened by direct and indirect increase as the use of other groundfish thorny skates are sensitive to exploitation. They state that the life becomes more restricted and less environmental changes (e.g., increasing history of thorny skate, which makes it profitable. They also claim that as long bottom water temperatures), they would especially vulnerable to exploitation, as the skate bait and wing trade likely emigrate to other more suitable argues even more urgently for the continues to target the smaller little and habitat. Rather than dying off, the adoption of strong regulatory winter skates, thorny skates will also be population may be shifting en masse to protections provided by the ESA. threatened. They also express concern deeper or more northern waters outside over thorny skate discards and cite the Gulf of Maine survey area. Such Present or Threatened Destruction, studies off Australia and the Falkland population shifts have been Modification or Curtailment of Habitat Islands suggesting that acute discard documented in the winter skate (Frisk et or Range mortality rate may be as high as 56 al., 2008), and are also likely The petitions state that bottom trawl percent. They cite the 2005–2007 contributing to the increasing survey fisheries are responsible for up to 86 average thorny skate biomass index biomass for barndoor skate. percent of the thorny skate caught as reported by the NEFSC as 0.42 kg/tow Research on the discard mortality bycatch in the United States and that and state that is well below the biomass rates of winter, little, thorny, and trawling in general has been shown to threshold of 2.2 kg/tow. Finally, they smooth skates in bottom trawl gear is have negative impacts on benthic cite the 2005–2007 average biomass currently being conducted by Drs. John communities, but acknowledge that index as being 24 percent lower than the Mandelman (New England Aquarium) there are no direct studies quantifying previously reported average biomass and James Sulikowski (University of the impact of trawling on thorny skate (0.55 kg/tow, 2004–2006) as evidence New England) (NOAA Saltonstall- habitat in the Northwest Atlantic. that unsustainable take is still occurring. Kennedy Grant Program). Preliminary The petitions state that research Skates are harvested in two very data provided to NMFS and the Skate indicates that the use of groundfish different fisheries, one for lobster bait Plan Development Team (PDT) indicate trawling gear degrades benthic habitat and one for wings for food. The fishery that discard mortality rates are structure by removing or damaging for lobster bait is a more historical and significantly lower than the 50 percent epifauna, reducing bottom roughness, directed skate fishery, involving vessels previously assumed by the NEFSC. The and removing structure forming primarily from Southern New England preliminary discard mortality rate organisms. They claim that such habitat ports that target a combination of little estimate for thorny skate (up to 72 hours degradation affects the availability of skates and to a much lesser extent post-release) is only approximately 12 the thorny skates’ prey as well as the juvenile winter skates. The fishery for percent (n=188), suggesting that this

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species is relatively resilient to sampler data provided by the NMFS overfishing is not occurring. The discarding. Northeast Region Analysis and Program available information indicates that The petitions make a number of Support Division, the occurrence of previous fishing levels are responsible inaccurate assertions about misreporting thorny skates in skate wing landings has for the current low abundance of the and underreporting of discard rates. been significantly reduced since 2006. species. Given the species’ life history, AWI incorrectly claims that the discard Out of 50,653 skate wings sampled recovery from these low levels was rate is contingent on the fishers’ self- between 2007 and 2010, only 353 (0.7 predicted to take a significant amount of reporting. In fact, discard rates are percent) were identified as thorny skate time, and current observations estimated by using independent wings. There has been a general decline demonstrate that the 2003 FMP’s observers, who are randomly assigned to in the presence of thorny skates in the rebuilding schedule is achievable. sample a fraction of the fleet using a wings sampled as reflected in the Therefore, no substantial scientific scientific survey approach. As a result, following data: 9.22 percent in 2006; information has been presented to the estimates are highly precise. AWI 1.54 percent in 2007; 0.13 percent in indicate that current discards or illegal also erroneously assumed that the 2008; 0.43 percent in 2009; and 0.61% landings in the wing fishery pose a numbers in the Skate PDT Document in 2010. This suggests that the current significant threat to the species. have a large margin of error. Table 7A possession prohibition is very effective Predation and Disease in the SBRM report, however, shows an at minimizing fishing mortality on this overall coefficient of variation of about species (particularly when considered The petitioners claim that even a 5 percent for 2009, 2010, and 2011 in conjunction with the recent data on normal rate of predation could have a (Wigley et. al., 2011). discard mortality). The Skate FMP significant impact on the already Amendment 3 to the Skate FMP was implemented species-specific reporting severely depleted thorny skate designed, in part, to end overfishing and codes for landed skates, but most skate population and states that the Secretary promote rebuilding of overfished thorny wing landings are reported as Skate should fully consider the risks posed to skate to achieve the biomass target Wings (code 3651) or Winter Skate the thorny skate population from within the mandated rebuilding (code 3671). The argument that the lack predation in assessing the status of the schedule, or earlier if possible, and to of species-specific reporting in the skate species. They also state that thorny prevent overfishing of all managed fishery somehow promotes illegal skates are host to a wide variety of skates. Amendment 3 and the associated thorny skate landings is flawed. Based parasites and again state that the Final Environmental Impact Statement on the port sampler data, we know that Secretary should fully consider the risks (FEIS) conclude that the landings and thorny skates are currently extremely posed to the thorny skate population by catch limits proposed by the uncommon in fishery landings, parasitism in assessing the status of the amendment have an acceptable although illegal landings may have been species. The petitioners state that probability of promoting biomass more common in the past (NEFMC, disease and predation are not currently growth and achieving the rebuilding 2009). assessed as significant threats to the (biomass) targets for thorny skates. The statement in the petitions that species’ survival. Thus, there is no Based on new life history parameter thorny skate distribution overlaps with information in the petitions nor is there estimates, the Council estimated in 2003 the distribution of winter skate and its any in our files that suggests that that it takes a female thorny skate 15 directed fisheries is exaggerated. Thorny disease and predation are significant years to replace its own spawning skates are primarily distributed in the factors affecting the continued existence capacity, which by definition is a mean deeper waters of the Gulf of Maine, of this species. generation time. Thus, the maximum while winter skates are distributed on Inadequacy of Existing Regulatory rebuilding period allowed by the MSA Georges Bank and into southern New Mechanisms is 25 years (10 years plus one mean England shelf waters. There is actually generation time), or 2028 when counted very little overlap between thorny and The specific regulatory concerns cited from the FMP implementation in 2003, winter skates and the fisheries that in the AWI petition include a general when thorny skate was determined to be interact with them. lack of species-specific identification, overfished. From the biomass in 2007 In 1995, Canada established a both on-boat and at landing. The (0.42 kg/tow), it would take an average regulated skate fishery inside its 200- petitioner states that positive species annual increase of 13.2 percent to mile limit following the collapse of identification at landing is hindered rebuild to the 4.41 kg/tow target by major groundfish stocks in Canada in because current regulations allow 2028. The PDT advised the Council that the early 1990s (Kulka and Miri, 2003). vessels to possess and/or land skates as the best estimate of the maximum Since the mid 1980s, Spain, Portugal, wings only (wings removed from the intrinsic rate of population growth is and Russia have prosecuted a directed body of the skate and the remaining 0.17, so achieving the biomass target fishery for skate outside of Canada’s carcasses discarded). AWI also states within the rebuilding schedule appears 200-mile limit on the Tail of the Grand that the designation of thorny skates as to be achievable. The purpose of this Banks (Kulka and Miri, 2003). both prohibited and overfished allows analysis is to estimate the ability of the The IUCN assessment of the Northeast room for inconsistent enforcement of thorny skate’s population to grow based Atlantic states that thorny skates are the law. Specifically, they highlight the on its biological limitations. It is most occasionally landed as bycatch of different penalties for violations of appropriate to use the maximum demersal fisheries, but its distribution taking or retaining overfished species intrinsic rate of increase because that lies outside the main beam trawling compared to possession of prohibited provides the benchmark for how quickly areas. It states that thorny skate has a species. The petition states that the the stock can potentially rebuild to the relatively small length at first maturity existing regulatory mechanisms in the target under optimal conditions. The and demographic modeling suggests FMP are inadequate to promote the fishery management plan should that it is less susceptible to fishing recovery of the thorny skate in U.S. attempt to provide those conditions. mortality in this region than other larger waters and may actually be sponsoring Regarding the petitioner’s concern bodied skate species. the species’ continued decline. Finally, over the vulnerability of thorny skates to In the United States, thorny skates are the petition also states that Canada lacks the skate wing fishery, according to port currently categorized as overfished, but substantive protective regulatory

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mechanisms for thorny skate and has been trained to correct mislabeling if correlates with a period of abnormally not afforded a conservation status by the they observe it. cold water temperatures and concludes Committee on the Status of Endangered While the 2008–2010 3-year average that the thorny skate population may be Wildlife in Canada (COSEWIC). biomass survey index represents the all- threatened by changes in average water The petitioners state that data on time low in the time series for thorny temperatures caused by climate change. skate discard rates are ‘‘contingent on skate, the biomass survey index They suggest that the Secretary should the fishers’ self-reporting.’’ This is not increased modestly in 2009 and 2010. fully consider the possible threat of accurate; discard rates are estimated The petitioners argue that the Skate climate change to the thorny skate based on skate discards sampled by at- FMP has proven ‘‘inadequate to promote population in assessing the status of the sea observers, and extrapolated based on the recovery of thorny skate in United species. the magnitude of landings. Based on States waters and may actually be The other petitioner hypothesizes that new research, the 2008–2010 discard sponsoring the species’ continued global climate change, and rising ocean mortality rate (the percentage of skates decline’’ but have not presented temperatures in the thorny skate’s range, that die after they are thrown overboard) substantial scientific information to may pose a direct threat to the species’ of 50 percent for both little and winter support this claim. The Skate FMP survival. Little specific information is skates caught by trawl gear was reduced (including the prohibition on possession provided to link climate change to from 50 percent to 20 and 12 percent, of thorny skate) was implemented 8 specific impacts on thorny skate. One respectively. As a result, the skate years ago, and Amendment 3, which possibility is that global warming could discard rate (the percentage of the total established the first annual catch limits cause a range shift (e.g., northward annual catch represented by dead for skates and defined the rebuilding distribution shift) of the thorny skate discards) was reduced from 52 to 36 timeline for thorny skate, was only population. This could result in lower percent (NMFS, 2011). implemented in July 2010. These abundance in the southern fringe of its The petitioners state that over 99 actions do not provide evidence of a range (i.e., a contraction or movement percent of all landings are reported as lack of regulatory control; rather, they out of the Gulf of Maine to colder ‘‘unclassified skates,’’ and state that indicate that significant efforts have waters, rather than an actual decline in because the species-specific reporting been implemented to protect thorny overall biomass). More research is requirements are not enforced, the skates using existing regulatory necessary to investigate if there is a prohibition on possessing thorny, mechanisms. The information presented correlation between Gulf of Maine water barndoor, and smooth skates is by the petitioner and otherwise temperatures and thorny skate biomass, essentially meaningless. They further available to us does not lead a but the available information on thorny state that the FMP only requires vessels reasonable person to conclude that the skate temperature preferences suggests to report discarded skates by size as low abundance of thorny skate is due to that this could be a possibility. either small or large. The petitions state a current lack of regulations in place. However, rather than contributing that even if the regulations prohibiting Given the low productivity of thorny directly to natural mortality of thorny landing and possession of thorny, skates, it is likely to take several more skates, it is more likely that such barndoor, and smooth skates were years before the survey biomass index temperature changes would result in effectively enforced, they would do properly reflects the impacts of these large-scale distribution shifts over time. nothing to prevent discard mortality, fishery management decisions. In the 2020 to 2060 time period, bottom which may account for a large Therefore, the AWI petition does not temperatures in the Gulf of Maine are percentage (even the majority) of present substantial scientific projected to increase by about 1°C human-induced mortality in these information to lead a reasonable person across three emission scenarios species. to conclude that thorny skates are examined (Hare et al., in press). In the The potential impact of the lack of threatened or endangered due to 2060 to 2100 time period, the changes species-specific reporting in the skate inadequate regulatory mechanisms. in temperature differ among the fishery on the survival of thorny skates emission scenarios. Under the B1 Other Natural or Manmade Factors is overstated. While the historical lack scenario (lower emissions), bottom Affecting Its Existence of species-specific trends in landings temperatures are projected to increase and discards has hampered stock The third factor cited by AWI as a by ∼1.8 °C. Under the A1B and A2 assessment efforts, recent data reason for listing is other natural or scenarios (higher emissions), bottom collection efforts have greatly improved manmade factors. Specifically, they temperatures are projected to increase our understanding of the species claim that global warming poses a long- by approximately 2.4 °C. There is not composition of the landings. Over the term threat to Northwest Atlantic thorny much difference between the A1B and last several years (2005 to 2010), the skates and their recovery from A2 scenarios because under these prohibitions on thorny, barndoor, and depletion. The petition claims that scenarios, CO2 emissions do not start to smooth skates have been estimated to be ocean temperatures are rising, and this diverge until the end of the 21st century approximately 98 percent effective along with an increase in global (Nakicenovic et al., 2000). The impact of (NMFS Northeast Region, unpublished temperatures causes adverse effects on these projected temperature changes on data). Thorny skate wings are easily thorny skate. thorny skate and its habitat is unknown distinguishable from legal winter skate The petitioners state that the life at this time. wings with a minimal amount of history characteristics of large-sized There is uncertainty regarding the role training, and port samplers and skates make them particularly of temperature in driving or enforcement agents have received this vulnerable to exploitation. They state contributing to the historical and training. Landing of thorny skates may that thorny skate are not likely to current distribution and abundance of have been more frequent in the past, but recover quickly from their current low thorny skate and even greater it has been dramatically curtailed since levels, especially in the face of uncertainty regarding potential future the prohibition on possession went into continued overutilization. One of the impacts of climate change on the effect. Mislabeling of skate products petitions states that evidence suggests species throughout its range. Given the does not appear to be widespread at that a recent decline of thorny skates in above, the petitions and available U.S. ports, and enforcement agents have the northern part of the Grand Banks information in our files do not lead a

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reasonable person to conclude that other delimited by international boundaries thorny skate population dynamics could natural or manmade factors may cause within which differences in control of further inform management, particularly thorny skates to be threatened or exploitation, management of habitat, on the potential impacts of rising ocean endangered at this time. conservation status, or regulatory temperatures on their distribution. This mechanisms exist that are significant in is currently being investigated by the Critical Habitat light of section 4(a)(1)(D) of the ESA. NEFSC. Additionally, we will retain The petitioners request that we Sufficient time is not available within thorny skate on our Species of Concern designate critical habitat for thorny the 90-day initial review phase to list and attempt to devote resources to skates, upon finding that the species is conduct a review of international addressing the data deficiencies. Should endangered or threatened. They state regulations, so for the purposes of this these research efforts yield information that research has found that thorny review and to err on the side of the not considered in this finding, we may skates prefer sand, gravel, broken shells, species, we have examined the species initiate a review of the status of this and soft mud substrata at depths range-wide and as a U.S. population of species in the future. between 37 and 108 meters and, thorny skates (assuming that it meets Petition Finding therefore, state that habitat conforming the DPS policy criteria). to these specifications is essential to the Given this assumption, we have Based on the above information and conservation of thorny skates. considered the available information on the criteria specified in 50 CFR Accordingly, the petitioners request that biomass. Range-wide, it indicates a 424.14(b)(2), we find that the petitions we designate as critical habitat all areas and information readily available in our along the U.S. coast from the Gulf of decline, and in the United States, surveys indicate that the population is files do not present substantial scientific Maine to South Carolina featuring these and commercial information indicating characteristics. at a historically low level; although the species may be at a low level and may that the petitioned actions concerning Similarity of Appearance Provision of have declined from previous historical thorny skate may be warranted at this the ESA levels, sufficient information was not time. Because we have concluded that the petitioned action to list thorny The petitioners state that if we presented to indicate that it is now threatened or endangered due to that skates is not warranted, we do not need determine that some of the skate species to explore the need to designate critical included in the petitions warrant listing low level of abundance. Millions of thorny skate exist and their distribution habitat or consider the need to list other while others do not, we should skate species on the basis of similarity nonetheless list those species not found ranges across vast areas on both sides of the North Atlantic. We have also of appearance, as requested by the to be threatened or endangered, as well petitioner. as other members of the skate complex, examined the five ESA section 4(a)(1) as listed species in accordance with factors and specifically examined References Cited whether sufficient scientific information section 4(e) of the ESA. They argue that A complete list of the references used was presented by the petitioners or while it is already difficult to in this finding is available upon request otherwise readily available in our files differentiate skates by species, it is even (see ADDRESSES). more difficult to differentiate skate that indicates that thorny skates are wings by species. They raise particular threatened or endangered due to Authority: 16 U.S.C. 1531 et seq. concern over the risk of confusing overutilization for commercial purposes Dated: December 14, 2011. juvenile winter skates and little skates, or inadequacy of existing regulatory Samuel D. Rauch III, which they state would make the mechanisms to control harvest Deputy Assistant Administrator for enforcement of a prohibition on take of (including discards and illegal Regulatory Programs, National Marine winter skates extremely difficult. The landings). The purported impacts of Fisheries Service. petitioners claim that the problems with illegal fishery landings and high discard [FR Doc. 2011–32527 Filed 12–19–11; 8:45 am] species differentiation and enforcement mortality in U.S. waters are not BILLING CODE 3510–22–P of species-specific take prohibitions supported by the most recent fishery demonstrate that enforcement will not data. In fact, the Skate FMP’s be effective unless we treat all members prohibition on possession of thorny DEPARTMENT OF COMMERCE of the skate complex as subject to the skates appears to be extremely effective, same regulations. and discard mortality rates are relatively National Oceanic and Atmospheric low. While it is reasonable to predict Administration Conclusion that climate change will result in some [Docket No. 111205721–1719–01] Scientific information presented by changes to the habitat of thorny skate, the petitioners and otherwise available sufficient information is not presented RIN 0648–XA741 to us indicates that it is unlikely that the or otherwise available to indicate that Northwest Atlantic population of thorny climate change, or other natural or Endangered and Threatened Wildlife; skates is discrete and significant. manmade factors, may be causing the 90-Day Finding on Petition To List the Contrary to the petitioner’s assertions, species to be threatened or endangered. Barndoor Skate, Winter Skate and there is no evidence of reproductive We conclude that the available Smooth Skate Under the Endangered isolation of any subpopulation of thorny information does not lead a reasonable Species Act skate across the North Atlantic Ocean. person to conclude that thorny skates AGENCY: National Marine Fisheries Connectivity across broad geographic are threatened or endangered due to one Service (NMFS), National Oceanic and regions reduces the overall risk of or more of these factors at this time. Atmospheric Administration (NOAA), extinction, and buffers the potential However, to meet stock rebuilding Commerce. impacts of fishing mortality on thorny objectives under the Magnuson-Stevens ACTION: Notice of 90-day petition skates. An argument could be made for Act, the Council should be encouraged finding. discreteness and significance of the U.S. to maintain its efforts to reverse the population of thorny skates if it could decline of thorny skates. Additional SUMMARY: We, NMFS, announce a 90- be demonstrated that this population is research on several key aspects of day finding for a petition to list the

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barndoor skate (Dipturus laevis), winter either threatened or endangered may be threatened status will be based on the skate (Leucoraja ocellata) and smooth warranted. ESA’s definitions of those terms and a skate (Malacoraja senta) under the review of the five factors enumerated in ESA Statutory Provisions and Policy Endangered Species Act (ESA). We find section 4(a)(1) of the ESA. Considerations that the petition does not present The ESA defines an endangered substantial scientific information Section 4(b)(3)(A) of the ESA (16 species as ‘‘any species which is in indicating the petitioned actions may be U.S.C. 1533(b)(3)(A)) requires that we danger of extinction throughout all or a warranted. Accordingly, we will not make a finding as to whether a petition significant portion of its range,’’ and initiate a review of the status of these to list, delist, or reclassify a species ‘‘threatened’’ if it is ‘‘likely to become species at this time. presents substantial scientific or an endangered species within the commercial information indicating that foreseeable future throughout all or a FOR FURTHER INFORMATION CONTACT: Kim the petitioned action may be warranted. significant portion of its range’’ (ESA Damon-Randall, NMFS, Northeast ESA implementing regulations define sections 3(6) and 3(20), respectively, 16 Regional Office (978) 282–8485 or substantial information as the amount of U.S.C. 1532(6) and (20)). Under section Maggie Miller, NMFS, Office of information that would lead a 4(a)(1) of the ESA, a species may be Protected Resources (301) 427–8403. reasonable person to believe that the determined to be threatened or The petition is available electronically measure proposed in the petition may endangered as a result of any one of the at the NMFS Web site at http:// be warranted (50 CFR 424.14(b)(1)). In _ following factors: (A) Present or www.nero.noaa.gov/prot res/ determining whether substantial threatened destruction, modification, or CandidateSpeciesProgram/csr.htm. A information exists for a petition to list curtailment of habitat or range; (B) list of references is available upon a species, we take into account several overutilization for commercial, request. factors, including information submitted recreational, scientific, or educational SUPPLEMENTARY INFORMATION: with, and referenced in, the petition and purposes; (C) disease or predation; (D) all other information readily available in inadequacy of existing regulatory Background our files. To the maximum extent mechanisms; or (E) other natural or practicable, this finding is to be made On August 22, 2011, we received a manmade factors affecting its continued within 90 days of the receipt of the petition from WildEarth Guardians and existence. petition (16 U.S.C. 1533(b)(3)(A)), and Friends of Animals (the petitioners) Many petitions, such as this one, the finding is to be published promptly identify risk classifications made by requesting that we list thorny skate, in the Federal Register. If we find that other organizations or agencies, such as barndoor skate, winter skate and smooth the petition presents substantial the IUCN, the American Fisheries skate as threatened or endangered. In information indicating that the Society, or NatureServe, as evidence of the alternative, the petitioners request requested action may be warranted, extinction risk for a species. Risk that we list any and all distinct section 4(b)(3)(A) of the ESA requires classifications by other organizations or population segments (DPSs) of these the Secretary of Commerce (Secretary) made under other Federal or State species that may exist, and in particular to conduct a status review of the statutes may be informative, but the the petitioners requested that we list the species. Section 4(b)(3)(B) requires the classification alone may not provide the United States population of thorny skate Secretary to make a finding as to rationale for a positive 90-day finding as a threatened or endangered DPS. whether or not the petitioned action is under the ESA. Thus, when a petition The joint USFWS/NMFS petition warranted within 12 months of the cites such classifications, we will management handbook (http:// receipt of the petition. The Secretary has evaluate the source information that the www.nmfs.noaa.gov/pr/pdfs/laws/ delegated authority for these actions to classification is based upon, in light of _ petition management.pdf) states that if the NOAA Assistant Administrator for the standards on extinction risk and we receive two petitions for the same Fisheries. impacts or threats discussed above. species and a 90-day finding has not yet To be considered for listing under the been made on the earlier petition, then ESA, a group of organisms must Species Description the later petition will be combined with constitute a ‘‘species,’’ which is defined Barndoor skate are found in the the earlier petition and a combined 90- to also include subspecies and, for any Northwest Atlantic in the Gulf of St. day finding will be prepared. When we vertebrate species, any DPS that Lawrence, Gulf of Maine and as far received the petition from WildEarth interbreeds when mature (16 U.S.C. south as North Carolina. They are most Guardians and Friends of Animals, we 1532(16)). On February 7, 1996, NMFS abundant in offshore Gulf of Maine had already received a petition from the and the U.S. Fish and Wildlife Service (Canadian waters), offshore Georges Animal Welfare Institute for thorny (collectively, the ‘‘Services’’) adopted a Bank, and Southern New England skate. Therefore, we combined the policy to clarify their interpretation of waters, with very few documented in petitions for thorny skate and issued a the phrase ‘‘distinct population segment inshore waters or in the Mid-Atlantic single 90-day finding addressing both of any species of vertebrate fish and Region (New England Fisheries petitions for that species. Given that, wildlife’’ (61 FR 4722). The joint DPS Management Council (NEFMC), 2009). this 90-day finding will address the policy describes two criteria that must Minimum length of barndoor skate remaining three skate species included be considered when identifying DPSs: caught in the Northeast Fisheries in the petition from WildEarth (1) The discreteness of the population Science Center (NEFSC) surveys is 20 Guardians and Friends of Animals. The segment in relation to the remainder of cm total length (TL) (8 in) and the petitioners state that there can be no the species (or subspecies) to which it largest individual caught was 136 cm TL reasonable dispute that the available belongs; and (2) the significance of the (54 in). It has a broad body with pointed information, in particular the population segment to the remainder of fins and snout and a relatively short tail International Union for Conservation of the species (or subspecies) to which it with three rows of spines. Its primary Nature’s (IUCN) assessment that each of belongs. As further stated in the joint distinguishing feature is a dark line that the petitioned species is ‘‘Critically policy, if a population segment is extends from the snout to the base of the Endangered’’ or ‘‘Endangered,’’ discrete and significant (i.e., it is a DPS), tail. It has been estimated that barndoor indicates that listing these skates as its evaluation for endangered or skate reach maturity at 6–7 years of age.

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Smooth skate occur from the Gulf of throughout their range. The petitioners kg/tow), and thus, the species is not St. Lawrence and the Labrador shelf to state that the biomass of barndoor skates overfished but is not yet rebuilt to as far south as South Carolina in the declined throughout their range by 96– biomass at maximum sustainable yield Northwest Atlantic Ocean. They are 99 percent from the 1960s to the 1990s, (Bmsy). The 2008–2010 average index is most abundant inshore and offshore most likely as a result of mortality as above the 2007–2009 index by ten Gulf of Maine and along the 100 fathom bycatch. They state that the population percent; therefore, as indicated edge of Georges Bank, with very few has experienced a slight increase in previously, overfishing is not occurring. documented in Southern New England recent years and that the NEFSC has In addition, recent catches of barndoor or the Mid Atlantic (NEFMC, 2009). therefore concluded that it is neither skate include individuals as large as They are found in water depths of 45 to overfished, nor experiencing those recorded during the peak 900 m. The median length of smooth overfishing. They state that although the abundance of the 1960s, and recent skate in the survey catch shows no trend potential increase gives conservationists survey data show an increase in the over the full survey time series and is some reason to be optimistic, number of fish between 40 and 80 cm currently at about 40 cm TL (16 in). It researchers have suggested that it is TL, common lengths during the 1960s has been estimated that they reach difficult to tell whether the data (NEFMC, 2009). sexual maturity as early as 5 years old demonstrate actual population Previous ESA Action for Barndoor but possibly as late as 8 to 10 years. The resurgence. The petitioners cite a Skate distinctive feature of smooth skate is an reference from the year 2000 for this irregular row of small thorns which run information; however, since 2000, On January 15, 1999, we published in along its back and along the first half of additional data has become available the Federal Register a notification its tail. from both the NEFSC Spring and soliciting comments and reliable Winter skate occur from the south Autumn Bottom Trawl surveys that documentation on species we were coast of Newfoundland and the show that the population has continued considering adding to the Endangered southern Gulf of St. Lawrence to Cape to increase. The petitioners also state Species Act (ESA) candidate species list Hatteras. They are most abundant that while the barndoor skate is not (64 FR 2629; January 15, 1999). In that inshore and offshore Georges Bank and overfished and not experiencing publication, we listed barndoor skates Southern New England with lesser overfishing (according to the 2008 (Dipturus laevis) as one of the species amounts in the Gulf of Maine or the NEFSC survey), the 2005 biomass index under consideration. On March 4, 1999, we received a petition from GreenWorld Mid-Atlantic (NEFMC, 2009). They are is still 50 percent of the peak biomass to list barndoor skates as endangered or found in water depths up to 90 m. observed during the 1960s when the threatened under the ESA and to Median length of winter skates species was first surveyed. In addition, designate Georges Bank and other increased from the mid 1990s through the petitioners note that the average appropriate areas as critical habitat. 2002 and then declined slightly to about biomass index of barndoor skate is well GreenWorld requested that they be 45 to 52 cm TL (18–20 in). The age at below the target biomass index listed immediately, as an emergency maturity is estimated at 7 years. The established by the NEFSC. matter, as well as similar looking snout and pectoral fins of the winter The 2008 Stock Assessment and skate are blunt and rounded. Other species of skates to ensure the Fishery Evaluation (SAFE) Report states protection of barndoor skates. On April common names for winter skate include that in the NEFSC spring survey (1968– big skate, spotted skate and eyed skate. 2, 1999, we received a second petition 2006), the annual total catch of barndoor from the Center for Marine Conservation Analysis of Petition and Information skate ranged from 0 fish (several years (CMC), now the Ocean Conservancy, to Readily Available in NMFS Files during the 1970s and 1980s) to 196 fish list barndoor skates as an endangered In the following sections, we present in 2006. The NEFSC autumn survey species. We considered the second information from the petition and (1963–2005) exhibited a similar petition a comment on the first petition readily available in our files to increasing trend. Recent spring catches submitted by GreenWorld. On June 23, determine whether this information equated to 0.6 fish or 1.7 kg per tow in 1999, after considering all available leads a reasonable person to conclude 2006 and recent autumn catches information, we published our revised that listing under the ESA may be equated to 0.4 fish or 1.0 kg per tow in list of candidate species, which warranted due to any one or more of the 2005. The 2008 SAFE Report states that, included barndoor skates (64 FR 33466; factors listed under section 4(a)(1) of the given this data, barndoor skate appear to June 23, 1999). In that same month, we ESA. A separate discussion is included be in a rebuilding phase that began in published a finding that the petition for each of the three skate species the 1990s. Since 1990, both spring and action to list barndoor skates under the included in the petition. autumn survey indices have steadily ESA might be warranted (64 FR 33040; increased, with the spring survey at the June 21, 1999). We then initiated a Abundance highest value in the time series and the review of the status of the species to The petition presents limited autumn survey nearing the peak values determine if listing barndoor skates information on abundance of the skate found in the 1960s. In 2007, the NEFSC under the ESA was warranted. As part species. It cites the IUCN classifications autumn survey showed a decline in of that review, we conducted a stock and places a great deal of weight on biomass which reduced the 3-year assessment of the species using the these. Additional information on moving average; however, it remains information published in the SAFE biomass is contained in the discussion above the biomass threshold and thus, report. Instead of preparing a separate of the second ESA factor, overutilization the barndoor skate is not considered to stand alone status review document, we for commercial, recreational, scientific be overfished. In fact, the survey referenced the SAFE report as the best or educational purposes, for each of the biomass index for barndoor skate has available data on the status of the three species. been above the overfished biomass species. threshold since 2004. The 2008–2010 On September 27, 2002, after Barndoor Skate Abundance NEFSC autumn average survey biomass reviewing the best scientific and The petition states that the IUCN lists index of 1.11 kg/tow is above the commercial information available, we barndoor skates as ‘‘endangered’’ biomass threshold reference point (0.81 published a determination that listing

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barndoor skates as either threatened or that the autumn survey index has 2006). The species is not distributed endangered under the ESA was not stabilized at about 25 percent of the evenly within its global range (IUCN, warranted (67 FR 61055; September 27, peak observed during the 1970s. The 2004). Following declines in the 1970s, 2002). Survey data showed an increase petitioners state that in 2008, the NEFSC the relative abundance of some of these in abundance and biomass, expansion of determined smooth skates to be population concentrations has increased known areas where barndoor skates overfished but not subject to current significantly in recent years, while were encountered, an increase in size overfishing. They state that the three- others have been stable or slightly range, as well as an increase in small year moving average of the biomass declining (Kulka et al., 2006). Minimum barndoor skates collected. These data index declined by over 22 percent estimates of smooth skate abundance in are not consistent with a species in between 2004–2006 and 2005–2007. these regions from Canadian trawl danger of extinction. Furthermore, the The data presented by the petitioners for surveys range from 194,000–23,000,000 most significant identifiable threat to the most recent 3-year average biomass fish for 1995–2006, depending on the the species, overfishing, had been are out of date. In addition, the selected survey (Kulka et al., 2006). reduced by regulatory measures petitioners compare this out-dated Winter Skate Abundance affecting several northeast fisheries. In information to an ‘‘old’’ reference point addition to the regulatory measures (0.31 kg/tow) and not the updated The petitioners state that the IUCN already in place, NMFS was working at biomass target and thresholds which has designated winter skates as that time with the New England Fishery have been adopted by the Data Poor ‘‘endangered’’ throughout their range. A Management Council (NEFMC) to Stocks Working Group (DPSWG) and regional ‘‘vulnerable’’ listing was develop the Skate Fishery Management Amendment 3 to the Skate FMP in 2009. recommended for the United States. The Plan (FMP). Due to remaining The 2008 SAFE Report states that the petitioners state that the NEFSC uncertainties regarding the status and total annual catch of smooth skate in the declared winter skate overfished in population structure of barndoor skates, NEFSC spring surveys ranged from 30 2007. They state that although the most NMFS determined that retaining the fish in 2000 to 71 fish in 2006. The total recent survey indicates that winter skate species on the agency’s list of candidate annual catch of smooth skates in the are not currently subject to overfishing species (subsequently, changed to NEFSC autumn surveys ranged from 55 as defined in the FMP, the 3-year species of concern list) was warranted fish in 2000 to 44 fish in 2006. Indices moving average of winter skate biomass until additional scientific and of smooth skate abundance and biomass index has declined steadily over the commercial data became available (67 from the NEFSC surveys peaked during past decade and declined four percent FR 61055; September 27, 2002). the early 1970s for the spring series and between 2004–2006 and 2005–2007. Due to new information available the late 1970s for the autumn series. The data presented by the petitioners for since 2004, a review was initiated in NEFSC survey indices declined during the most recent 3-year average biomass 2009 to present the best scientific and the 1980s before stabilizing during the are 3 years out of date. In addition, the commercial data available to investigate early 1990s at about 25 percent of the petitioners reference the old biomass the status of the species relative to the autumn and 50 percent of the spring index reference point (6.46 kg/tow) and criteria for remaining a species of survey index values of the 1970s. In not the updated biomass target and concern. The most recent research on 2008, smooth skate was determined to thresholds adopted by the DPSWG and life history characteristics and be overfished (in accordance with the Amendment 3 to the Skate FMP in 2009. population dynamics of barndoor skates Northeast Skate Complex Fishery The petitioners state that the effects of has revealed that the rebuilding estimate Management Plan, referred to hereafter the directed take for wings and take as is more rapid and suggests the species as the Skate FMP) based on the 2007 bait, combined with bycatch mortality may be more resilient to exploitation autumn survey data, because the 3-year from trawling, have led to a dramatic than previously believed (Barndoor moving average dropped below the decline in the winter skate population, Skate Internal Status Review, 2009). In threshold. However, overfishing was not and state that 62 percent of the New addition, the consistent rise in biomass occurring (as defined by the Skate FMP) England population has been lost since as well as the large increase in size because the consecutive 3-year moving the 1980s. ranges, coupled with management in average of the biomass indices did not Unlike thorny and smooth skates, the other fisheries and the Skate FMP, exceed the maximum threshold of 30 winter skate’s center of abundance is in supports the continued rebuilding of percent which, according to the FMP, U.S. waters and they range as far south barndoor skate stocks. Given the newly defines when overfishing is occurring. as North Carolina. Winter skate is the acquired information presented above, it Since 2008, new data has become target species of the Northeast U.S. skate was determined that barndoor skates no available which has changed the wing fishery, representing longer met the criteria for a species of overfished status of the smooth skate approximately 95 percent of skate wing concern and inclusion on the species of species. The 2008–2010 NEFSC autumn landings (NEFMC, 2009). The concern list was no longer warranted. average biomass index of 0.16 kg/tow is petitioners incorrectly claim that winter Thus, the species was removed from the now above the biomass threshold skate biomass is ‘‘currently only 38 list in 2009. reference point (0.145 kg/tow) and thus, percent of the peak biomass observed the species is not overfished but is not during the 1980’s.’’ Based on survey Smooth Skate Abundance yet rebuilt to Bmsy. The 2008–2010 data through fall 2010, the biomass of The petitioners state that the IUCN index is above the 2007–2009 index by winter skate is actually at its highest has designated smooth skate as 22 percent; therefore, overfishing is not level since the mid-1980s and well ‘‘endangered’’ throughout their range. occurring. The biomass target for above its target biomass of 5.60 kg/tow. The IUCN assessed smooth skate as smooth skate (0.27 kg/tow) is an order The petitioners appear to only reference ‘‘near threatened’’ in U.S. waters in of magnitude lower than most other survey biomass data through 2007, 2004. The petitioners state that the skates in the complex. when winter skate biomass was NEFSC biomass index for smooth skate The smooth skate’s low relative significantly lower. NMFS declared has declined continuously from the abundance in U.S. waters is due to the winter skate overfished in 2007, but a 1970s to the 1980s, partially as a result fact that its center of abundance appears subsequent stock assessment concluded of mortality from bycatch. They state to be in Canadian waters (Kulka et al., that the species had not actually

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declined below its biomass threshold groundfish trawling gear degrades reduced from 52 to 36 percent. (NMFS, (DPWG, 2009). Winter skate biomass benthic habitat structure which affects 2011). exceeded its target level of 5.60 kg/tow the availability of the skate’s prey as The petitioners further state that as in 2009, and is currently at 9.64 kg/tow well as the skate’s ability to avoid long as the skate bait and wing fishery (72 percent above the target). Winter predators. This is a very general claim continues to target the smaller little and skate is not overfished and overfishing and no information is presented or winter skates, it will continue to is not occurring as defined in the Skate otherwise available to us to indicate that threaten barndoor and smooth skates as FMP. This stock appears to have rebuilt the prey of barndoor, smooth and/or well. This assumes that the fishery despite skate landings being at the winter skate has been affected in such operates in areas where barndoor and highest levels on record (2008–2010 a manner as to pose a significant threat smooth skate occur; however, average annual landings = 20,371 mt). to the species. The petitioners further Amendment 3 to the Skate FMP shows The fact that this stock has increased in state that because smooth skates are that the bait fishery operates in an area biomass despite increases in harvest, prey specialists, they may be even more where mostly little and winter skate and continues to support a viable sensitive to habitat alteration than other occur, and not barndoor and smooth fishery, suggests that this species is not skates. While this may be true, the skate. at risk of extinction now or in the petitioners do not present substantial The petitioners state that even a future. information indicating that habitat normal rate of predation could have a In Canadian waters, winter skate is degradation has caused or will cause significant impact on the already primarily a bycatch species. In 2005, the smooth skate to be threatened or depleted barndoor, smooth and winter Committee on the Status of Endangered endangered now or in the future. skates, and they state that we should Wildlife in Canada (COSEWIC) released Regarding overutilization for fully consider the risks posed to these a status assessment on four commercial, recreational, scientific or species’ populations from predation in ‘‘designatable units’’ (DU) of winter educational purposes, the petitioners assessing their status. Similarly, the skate. Based primarily on life history claim that landings of all three skate petitioners state that we should fully characteristics and the low frequency of species have grown since the 1980s and consider the risks posed to the survival occurrences in catches winter skate, state that the directed skate take will of these three skates by parasitism in COSEWIC designated the southern Gulf likely continue to increase as use of assessing the status of the three species. of St. Lawrence DU as Endangered, the other groundfish becomes more Information presented by the petitioner eastern Scotian Shelf as Threatened, the restricted and less profitable. This claim and otherwise available to us does not Georges Bank-Western Scotian Shelf/ does not take into account that indicate that any of these three species Bay of Fundy as of ‘‘Special Concern’’ Amendment 3 to the Skate FMP has set of skates are threatened or endangered and the Northern Gulf-Newfoundland acceptable biological catch and annual due to predation or disease. population as ‘‘Data Deficient’’ (Swain catch targets. It also does not take into Regarding inadequacy of existing et al., 2006). account that in order to land skates, a regulatory mechanisms, the petitioners The 2008 SAFE Report examined the fisher must use a groundfish day-at-sea, state that because the species-specific distribution of winter skate in Canadian and that there have been effort reporting requirements are not being waters using research surveys and reductions in the groundfish fleet under enforced, the prohibition on landing commercial fishery data by Simon et al. the Multispecies FMP. Groundfish and possessing barndoor and smooth (2003). No trend in abundance was permit holders that participate in skates is essentially meaningless. The found in the Georges Bank region, and sectors operate under sector-specific potential impact of the lack of species- the series average was 1.9 million catch entitlements. The implications of specific reporting in the skate fishery on individuals. Declines were evident in reduced fishing activity for groundfish the survival of barndoor and smooth the Southern Gulf of St. Lawrence and on the catch of skates have not yet been skates is overstated. While the historical on the Scotian Shelf. In recent years, in analyzed. lack of species-specific trends in addition to fishing mortality, natural The petitioners raise concerns over landings and discards has hampered mortality from seal predation has begun the discard mortality rate (the stock assessment efforts, recent data to have an impact on winter skates in percentage of skates that die after they collection efforts have greatly improved Canada (Benoit et al., 2011). are thrown overboard) which they state our understanding of the species could be as high as 56 percent. Research composition of the landings. Over the Analysis of ESA Section 4(a)(1) Factors on the discard mortality rates of winter, last several years (2005 to 2010), the for Barndoor, Smooth and Winter little, thorny, and smooth skates in prohibitions on thorny, barndoor, and Skates bottom trawl gear is currently being smooth skates have been estimated to be The petition presents information on conducted by Drs. John Mandelman approximately 98 percent effective the five ESA factors for all three species, (New England Aquarium) and James (NMFS Northeast Region, unpublished and the petitioners conclude that all Sulikowski (University of New England) data). The petitioners argue that the three species are threatened by direct (NOAA Saltonstall-Kennedy Grant existing regulatory mechanisms are and indirect exploitation. The Program). Preliminary data provided to inadequate to protect smooth skates; petitioners state that the life history of NMFS and the Skate Plan Development however, port sampling of skate wing these species, which make them Team (PDT) indicate that discard landings conducted by NMFS indicates especially vulnerable to exploitation, mortality rates are significantly lower that from 2005–2010 prohibited species argue even more urgently for the than the 50 percent previously assumed occurred in only approximately two adoption of strong regulatory by the NEFSC. Based on new research, percent of landings. Of 59,879 skate protections provided by the ESA. the 2008 to 2010 discard mortality rate wings sampled during this period, only The petition makes similar arguments for little and winter skates caught by three wings were identified as smooth for all three skate species so they will trawl gear was reduced from 50 percent skate (NMFS, unpublished data). The all be addressed together first, followed to 20 and 12 percent, respectively. As a smooth skate’s small body size makes it by species-specific information and result, the skate discard rate (the generally non-marketable for the skate analysis. For all three species, the percentage of the total annual catch wing fishery, and it is not likely to occur petitioners claim that the use of represented by dead discards) was in bait skate landings because this

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fishery primarily operates in southern 2009 and concluded that the most reference point, this species is New England waters, south of the recent research on life history considered rebuilt, despite the smooth skate’s range. While bycatch and characteristics and population dynamics occurrence of a directed fishery. The discards in the Gulf of Maine may be the of barndoor skates illustrated a more fact that the species has rebuilt under primary source of fishing mortality for rapid rebuilding estimate and suggested existing regulatory mechanisms does this species in U.S. waters, recent that the species may be more resilient to not support the petitioners claim that it analyses show that the overlap between exploitation than previously believed. is threatened or endangered due to fishing effort and smooth skate In addition, the consistent rise in direct and indirect exploitation or distribution is minimal (NEFMC, 2011). biomass and large increase in size inadequacy of existing regulatory However, overlap is likely more ranges, coupled with the management mechanisms for fishing. We conclude prevalent in Canadian waters (Kulka et measures in other fisheries and the that the available information does not al., 2006). Skate FMP, support the continued indicate that the petitioned action may Regarding smooth skates, the rebuilding of barndoor skate stocks. The be warranted for winter skates. petitioners raise particular concern that 2008–2010 NEFSC autumn average Conclusion the prohibition on landing smooth survey biomass index of 1.11 kg/tow is skates is limited to the Gulf of Maine above the biomass threshold reference The use of groundfish trawling gear Regulated Mesh Area, which only point (0.81 kg/tow) and thus, the species was posed by the petitioners as covers the Gulf of Maine. While this is is not overfished but is not yet rebuilt degrading benthic habitat structure and true, it is appropriate because the vast to Bmsy. The 2008–2010 index is above affecting the availability of the skate’s majority of the U.S. smooth skate the 2007–2009 index by 10 percent; prey as well as the skate’s ability to biomass is within the Gulf of Maine therefore, overfishing is not occurring. avoid predators; however, current Regulated Mesh Area. Finally, the Consequently, the information available information was not presented, nor was petitioners raise concern that the FMP to us since our 2009 decision to remove it available in our files, to indicate that only requires vessels to report discarded barndoor skate from the species of this gear is currently having significant skate by size category of small or large. concern list, and that which is impacts on the skates or will in the The statement is correct for Vessel Trip presented by the petitioners, does not foreseeable future. Although the Reports (VTRs). For the purposes of indicate that the petitioned action for petitioners claim that overutilization of VTRs, vessels only report the weights of barndoor skates may be warranted. skates for commercial, recreational, large and small skates discarded. The petitioners cite one study which scientific, or education purposes in the However, VTR data are not used to they state linked the recent decline in form of direct and indirect exploitation estimate the magnitude or species smooth skate abundance with a decrease requires that the species be listed under composition of skate discards. This is in water temperature (resulting from the ESA, available information indicates done using at-sea observer data to climate change), but note that no that overfishing is not currently estimate discard/kept ratios. Species corresponding recovery has been occurring in any of the skate species. composition of discards is estimated observed with an ensuing increase in The petitioners cite out of date data, but through the NMFS stock assessment water temperature. They state that this these data have since been updated and process, and combines observer and observation suggests that the smooth indicate that the skates are not in danger trawl survey data for accurate discard skate population may be adversely of extinction or likely to become information. affected by climate change. For smooth endangered in the foreseeable future. In In Canada, when the skate fishery first skate, the 2008–2010 NEFSC autumn addition, available information on occurred in 1994, winter skate average biomass index of 0.16 kg/tow is disease and predation on skates is constituted the majority of skates caught above the biomass threshold reference limited, and the petitioners do not (over 2,000 mt). In Canada, winter skate point (0.145 kg/tow) and thus, the present substantial information landings are under quota control in the species is not overfished but is not yet indicating that the petitioned actions of Scotian Shelf (the only directed fishery rebuilt to Bmsy. The 2008–2010 index is listing the skates under the ESA due to in the Northwest Atlantic). The total above the 2007–2009 index by 22 disease or predation may be warranted allowable catch was reduced from 2000 percent; therefore, overfishing is not at this time. Regarding inadequacy of mt in 1994 to 300 mt in 2001 and 200 occurring. While the species may be existing regulatory mechanisms, the mt in 2002 (DFO 2007). This fishery was impacted by climate change, the fact petitioners state that because the closed in April 2006 to protect the that it is not currently overfished, species-specific reporting requirements winter skate population. overfishing is not occurring, and the are not being enforced, the prohibition Regarding other natural or manmade biomass is increasing, does not indicate on landing and possessing barndoor and factors affecting the continued existence that climate change or other factors are smooth skates is essentially of barndoor, smooth, and winter skates, causing the species to be threatened or meaningless. However, recent data show the petitioners note that the life history endangered. We conclude that the the prohibitions on barndoor and characteristics of large skates make them available information does not indicate smooth skates have been estimated to be especially vulnerable to exploitation. that the petitioned action may be approximately 98 percent effective, and They state that because of their life warranted for smooth skates. prohibited species occurred in only history characteristics, these skates are For winter skate, the 2008–2010 approximately 2 percent of landings not likely to recover quickly from their NEFSC autumn average biomass index from 2005–2010. In addition, current current low levels and are more of 9.64 kg/tow is above both the biomass NMFS regulations have been adequate susceptible to exploitation. The threshold reference point (2.80 kg/tow) to prevent overfishing for all three skate petitioners do not present substantial and the Bmsy proxy (5.60 kg/tow), and species in the United States. With information to indicate why or how thus, the species is not overfished and regards to other natural or manmade these factors result in the species is above Bmsy. The 2008–2010 average factors affecting the continued existence possibly warranting listing as either index is above the 2007–2009 index by of barndoor, smooth and winter skates, threatened or endangered. 18 percent; therefore, overfishing is not the petitioners note that the life history As noted above, we conducted a occurring. Given that the winter skate characteristics of large skates make them review of the status of barndoor skate in biomass indices exceed the biological especially vulnerable to exploitation as

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does climate change. However, given meetings and public hearings April 20, 2012: ‘‘Preseason Report III- the rapid rebuilding of the barndoor comprising the Pacific Council’s Analysis of Council-Adopted Ocean skate, the rebuilt population of the complete schedule of events for Salmon Management Measures for 2011 winter skate, and the lack of available determining the annual proposed and Ocean Salmon Fisheries’’ will be mailed information on climate impacts on final modifications to ocean salmon to the public and posted on the Council smooth skate abundance, available fishery management measures. The Web site at http://www.pcouncil.org. information does not indicate that life agendas for the March and April 2012 May 1, 2012: Federal regulations for history characteristics or climate change Pacific Council meetings will be 2012 ocean salmon regulations will be pose a significant threat to the skate published in subsequent Federal published in the Federal Register and species. Because we have concluded Register documents prior to the actual implemented. that the petitioned action to list meetings. Meetings and Hearings barndoor, winter and/or smooth skates DATES: Written comments on the salmon is not warranted, we do not need to management alternatives must be January 17–20, 2012: The Salmon designate critical habitat or consider the received by 11:59 p.m. Pacific Time, Technical Team (STT) will meet at the need to list other skate species on the March 26, 2012. Pacific Council office in a public work basis of similarity of appearance, as session to draft ‘‘Review of 2011 Ocean ADDRESSES: Documents will be available requested by the petitioner. Salmon Fisheries’’ and to consider any from, and written comments should be other estimation or methodology issues Petition Finding sent to, Mr. Dan Wolford, Chairman, pertinent to the 2012 ocean salmon Pacific Fishery Management Council, Based on the above information and fisheries. 7700 NE Ambassador Place, Suite 101, the criteria specified in 50 CFR February 21–24, 2012: The STT will Portland, OR 97220–1384, telephone: 424.14(b)(2), after reviewing the meet at the Pacific Council office in a (503) 820–2280 (voice) or (503) 820– information contained in the petition public work session to draft ‘‘Preseason 2299 (fax). Comments can also be and information readily available in our Report I-Stock Abundance Analysis and submitted via email at files, we conclude that the petition fails Environmental Assessment Part 1 for [email protected] address, or to present substantial scientific or 2012 Ocean Salmon Fishery through the internet at the Federal commercial information indicating that Regulations’’ and to consider any other Rulemaking Portal: http:// the petitioned action concerning estimation or methodology issues www.regulations.gov. Follow the barndoor, smooth and/or winter skate pertinent to the 2012 ocean salmon instructions for submitting comments, may be warranted. fisheries. and include the I.D. number in the References Cited subject line of the message. For specific March 26–27, 2012: Public hearings A complete list of the references used meeting and hearing locations, see will be held to receive comments on the in this finding is available upon request supplementary information. proposed ocean salmon fishery management options adopted by the (see ADDRESSES). Council address: Pacific Fishery Pacific Council. Written comments Management Council, 7700 NE Authority: 16 U.S.C. 1531 et seq. received at the public hearings, and a Ambassador Place, Suite 101, Portland, Dated: December 14, 2011. summary of oral comments at the OR 97220. Samuel D. Rauch III, hearings will be provided to the Council Deputy Assistant Administrator for FOR FURTHER INFORMATION CONTACT: Mr. at its April meeting. Regulatory Programs, National Marine Chuck Tracy, telephone: (503) 820– All public hearings begin at 7 p.m. at Fisheries Service. 2280. the following locations: [FR Doc. 2011–32530 Filed 12–19–11; 8:45 am] SUPPLEMENTARY INFORMATION: March 26, 2012: Chateau Westport, BILLING CODE 3510–22–P Beach Room, 710 W Hancock, Westport, Schedule for Document Completion and WA 98595, telephone: (360) 268–9101. Availability March 26, 2012: Red Lion Hotel, DEPARTMENT OF COMMERCE February 16, 2012: ‘‘Review of 2011 Umpqua Room, 1313 N Bayshore Drive, Ocean Salmon Fisheries’’ will be mailed Coos Bay, OR 97420, telephone: (541) National Oceanic and Atmospheric to the public and posted on the Council 267–4141. Administration Web site at http://www.pcouncil.org. March 27, 2012: Red Lion Eureka, RIN 0648–XA878 March 1, 2012: ‘‘Preseason Report I- Evergreen Room, 1929 Fourth Street, Stock Abundance Analysis and Eureka, CA 95501, telephone: (707) Pacific Fishery Management Council; Environmental Assessment Part 1 for 445–0844. Public Meetings and Hearings 2012 Ocean Salmon Fishery Although non-emergency issues not AGENCY: National Marine Fisheries Regulations’’ will be mailed to the contained in the STT meeting agendas Service (NMFS), National Oceanic and public and posted on the Council Web may come before the STT for Atmospheric Administration (NOAA), site at http://www.pcouncil.org. discussion, those issues may not be the Commerce. March 22, 2012: ‘‘Preseason Report II- subject of formal STT action during ACTION: Notice of availability of reports; Proposed Alternatives and these meetings. STT action will be public meetings, and hearings. Environmental Assessment Part 2 for restricted to those issues specifically 2012 Ocean Salmon Fishery listed in this document and to any SUMMARY: The Pacific Fishery Regulations’’ and public hearing issues arising after publication of this Management Council (Pacific Council) schedule will be mailed to the public document requiring emergency action has begun its annual preseason and posted on the Council Web site at under Section 305(c) of the Magnuson- management process for the 2012 ocean http://www.pcouncil.org. The report Stevens Fishery Conservation and salmon fisheries. This document will include a description of the Management Act, provided the public announces the availability of Pacific adopted salmon management has been notified of the STT’s intent to Council documents as well as the dates alternatives and a summary of their take final action to address the and locations of Pacific Council biological and economic impacts. emergency.

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Special Accommodations before this group for discussion, those provisions of the Government in the These public meetings and hearings issues may not be the subject of formal Sunshine Act, Public Law 94–409, are physically accessible to people with action during this meeting. Action will 5 U.S.C. 552b. disabilities. Requests for sign language be restricted to those issues specifically AGENCY HOLDING THE MEETINGS: interpretation or other auxiliary aids listed in this notice and any issues Commodity Futures Trading should be directed to Ms. Carolyn Porter arising after publication of this notice Commission. at (503) 820–2280 (voice), or (503) 820– that require emergency action under TIMES AND DATES: The Commission has 2299 (fax) at least 5 days prior to the section 305(c) of the Magnuson-Stevens scheduled meetings for the following meeting date. Act, provided the public has been dates: notified of the Council’s intent to take Authority: 16 U.S.C. 1801 et seq. January 11, 2012 at 9:30 a.m. final action to address the emergency. Dated: December 14, 2011. January 17, 2012 at 9:30 a.m. February 9, 2012 at 9:30 a.m. Tracey L. Thompson, Special Accommodations February 23, 2012 at 9:30 a.m. Acting Director, Office of Sustainable This meeting is physically accessible Fisheries, National Marine Fisheries Service. to people with disabilities. Requests for The meeting that was previously [FR Doc. 2011–32420 Filed 12–19–11; 8:45 am] sign language interpretation or other scheduled for January 5, 2012 has been cancelled. BILLING CODE 3510–22–P auxiliary aids should be directed to Paul J. Howard, Executive Director, at (978) PLACE: Three Lafayette Center, 1155 21st 465–0492, at least 5 days prior to the St. NW., Washington, DC, Lobby Level DEPARTMENT OF COMMERCE meeting date. Hearing Room (Room 1300). STATUS: Open. National Oceanic and Atmospheric Authority: 16 U.S.C. 1801 et seq. MATTERS TO BE CONSIDERED: The Administration Dated: December 14, 2011. Commission has scheduled these Tracey L. Thompson, RIN 0648–XA876 meetings to consider various rulemaking Acting Director, Office of Sustainable matters, including the issuance of Fisheries, National Marine Fisheries Service. New England Fishery Management proposed rules and the approval of final Council; Public Meeting [FR Doc. 2011–32419 Filed 12–19–11; 8:45 am] rules. The Commission may also BILLING CODE 3510–22–P AGENCY: National Marine Fisheries consider and vote on dates and times for Service (NMFS), National Oceanic and future meetings. Agendas for each of the Atmospheric Administration (NOAA), scheduled meetings will be made COMMODITY FUTURES TRADING Commerce. available to the public and posted on COMMISSION ACTION: Notice; public meeting. the Commission’s Web site at http:// www.cftc.gov at least seven (7) days Sunshine Act Meetings SUMMARY: The New England Fishery prior to the meeting. In the event that Management Council (Council) is AGENCY HOLDING THE MEETING: the times or dates of the meetings scheduling a public meeting of its Commodity Futures Trading change, an announcement of the change, Monkfish Oversight Committee, in Commission. along with the new time and place of January, 2012, to consider actions the meeting will be posted on the TIME AND DATE: 10 a.m., Friday, January affecting New England fisheries in the Commission’s Web site. 27, 2012. exclusive economic zone (EEZ). CONTACT PERSON FOR MORE INFORMATION: Recommendations from this group will PLACE: 1155 21st St. NW., Washington, DC, 9th Floor Commission Conference David A. Stawick, Secretary of the be brought to the full Council for formal Commission, 202–418–5071. consideration and action, if appropriate. Room. DATES: This meeting will be held on STATUS: Closed. David A. Stawick, Tuesday, January 10, 2012 at 10 a.m. MATTERS TO BE CONSIDERED Secretary of the Commission. ADDRESSES: This meeting will be held at Surveillance and Enforcement [FR Doc. 2011–32688 Filed 12–16–11; 4:15 pm] the Hilton Garden Inn, One Thurber Matters. In the event that the times or BILLING CODE 6351–01–P Street, Warwick, RI 02886; telephone: dates of these or any future meetings (401) 734–9600; fax: (401) 734–9700. change, an announcement of the change, Council address: New England along with the new time and place of COMMODITY FUTURES TRADING Fishery Management Council, 50 Water the meeting will be posted on the COMMISSION Street, Mill 2, Newburyport, MA 01950. Commission’s Web site at http:// Sunshine Act Meetings FOR FURTHER INFORMATION CONTACT: Paul www.cftc.gov. J. Howard, Executive Director, New CONTACT PERSON FOR MORE INFORMATION: AGENCY HOLDING THE MEETING: England Fishery Management Council; Sauntia S. Warfield, (202) 418–5084. Commodity Futures Trading telephone: (978) 465–0492. Sauntia S. Warfield, Commission. SUPPLEMENTARY INFORMATION: The Assistant Secretary of the Commission. TIME AND DATE: 10 a.m., Friday, January purpose of this meeting is to consider 20, 2012. recommending that the Council [FR Doc. 2011–32681 Filed 12–16–11; 4:15 pm] PLACE: establish a control date pertaining to BILLING CODE 6351–01–P 1155 21st St. NW., Washington, management of the monkfish fishery DC, 9th Floor Commission Conference including, but not limited to, Room. COMMODITY FUTURES TRADING accumulation limits, and to begin STATUS: Closed. COMMISSION outlining the range of alternatives to MATTERS TO BE CONSIDERED meet the Amendment 6 goals and Sunshine Act Meetings Surveillance and Enforcement objectives. Matters. In the event that the times or Although non-emergency issues not The following notice of scheduled dates of these or any future meetings contained in this agenda may come meetings is published pursuant to the change, an announcement of the change,

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along with the new time and place of CONTACT PERSON FOR MORE INFORMATION: challenges to prepare for full-spectrum the meeting will be posted on the Sauntia S. Warfield, (202) 418–5084. operations. Commission’s Web site at http:// In accordance with 5 U.S.C. 552b, as Sauntia S. Warfield, www.cftc.gov. amended, and 41 CFR 102–3.155, The Assistant Secretary of the Commission. CONTACT PERSON FOR MORE INFORMATION: Administrative Assistant of the Air [FR Doc. 2011–32685 Filed 12–16–11; 4:15 pm] Sauntia S. Warfield, (202) 418–5084. Force, in consultation with the Air BILLING CODE 6351–01–P Force General Counsel, has agreed that Sauntia S. Warfield, the public interest requires some Assistant Secretary of the Commission. sessions of the United States Air Force [FR Doc. 2011–32684 Filed 12–16–11; 4:15 pm] DEPARTMENT OF DEFENSE Scientific Advisory Board meeting be BILLING CODE 6351–01–P closed to the public because they will Department of the Air Force discuss information and matters covered by sections 5 U.S.C. 552b(c) (1) and (4). U.S. Air Force Scientific Advisory COMMODITY FUTURES TRADING Any member of the public wishing to Board Notice of Meeting COMMISSION provide input to the United States Air Force Scientific Advisory Board should Sunshine Act Meetings AGENCY Department of the Air Force, U.S. Air Force Scientific Advisory submit a written statement in accordance with 41 CFR § 102–3.140(c) AGENCY HOLDING THE MEETING: Board. Commodity Futures Trading ACTION Meeting Notice. and section 10(a)(3) of the Federal Commission. Advisory Committee Act and the SUMMARY: Under the provisions of the procedures described in this paragraph. TIME AND DATE: 10 a.m., Friday, January Federal Advisory Committee Act of Written statements can be submitted to 6, 2012. 1972 (5 U.S.C., Appendix, as amended), the Designated Federal Officer at the PLACE: 1155 21st St. NW., Washington, the Government in the Sunshine Act of address detailed below at any time. DC, 9th Floor Commission Conference 1976 (5 U.S.C. 552b, as amended), and Statements being submitted in response Room. 41 CFR 102–3.150, the Department of to the agenda mentioned in this notice STATUS: Closed. Defense announces that the United must be received by the Designated Federal Officer at the address listed MATTERS TO BE CONSIDERED States Air Force Scientific Advisory below at least five calendar days prior Surveillance and Enforcement Board (SAB) meeting will take place 10 to the meeting which is the subject of Matters. In the event that the times or to 11 January 2012 at the SAFTAS this notice. Written statements received dates of these or any future meetings Conference and Innovation Center, 1550 after this date may not be provided to change, an announcement of the change, Crystal Drive Plaza Level, Arlington, VA or considered by the United States Air along with the new time and place of 22202. The meeting on Tuesday, 10 Force Scientific Advisory Board until its the meeting will be posted on the January 2012, will be from 7:45 a.m.– next meeting. The Designated Federal Commission’s Web site at http:// 4:30 p.m., with the sessions between Officer will review all timely www.cftc.gov. 7:45 a.m. to 9:45 a.m. open to the public. The meeting on Wednesday, 11 submissions with the United States Air CONTACT PERSON FOR MORE INFORMATION: January 2012, will be from 8 a.m.–4:15 Force Scientific Advisory Board Sauntia S. Warfield, (202) 418–5084. p.m. with the sessions from 1:30 p.m.– Chairperson and ensure they are Sauntia S. Warfield, 4:15 p.m. open to the public. The provided to members of the United Assistant Secretary of the Commission. awards ceremony from 8 p.m. to 9 p.m. States Air Force Scientific Advisory Board before the meeting that is the [FR Doc. 2011–32686 Filed 12–16–11; 4:15 pm] on 11 January 2012 at the Army Navy Country Club in Arlington, VA will be subject of this notice. BILLING CODE 6351–01–P open to the public. FOR FURTHER INFORMATION CONTACT: The The purpose of this Air Force United States Air Force Scientific COMMODITY FUTURES TRADING Scientific Advisory Board quarterly Advisory Board Executive Director and meeting is to introduce the FY12 SAB Designated Federal Officer, Lt Col Sunshine Act Meetings study topics tasked by the Secretary of Matthew E. Zuber, (240) 612–5503, the Air Force and receive presentations United States Air Force Scientific AGENCY HOLDING THE MEETING: that address relevant subjects to the Advisory Board, 1500 West Perimeter Commodity Futures Trading SAB mission to include introduction of Road, Ste. #3300, Joint Base Andrews, Commission. the new Board members for FY12, status MD 20762, TIME AND DATE: 10 a.m., Friday, January of FY11 studies and the remaining FY12 [email protected]. 13, 2012. Board schedule; the latest updates on the ongoing Aircraft Oxygen Generation Bao-Anh Trinh, PLACE: 1155 21st St. NW., Washington, Study; review of the recently completed DAF, Air Force Federal Register Liaison DC, 9th Floor Commission Conference SAB Air Force Research Laboratory Officer. Room. science and technology reviews; non- [FR Doc. 2011–32493 Filed 12–19–11; 8:45 am] STATUS: Closed. traditional intelligence, surveillance, BILLING CODE 5001–10–P MATTERS TO BE CONSIDERED and reconnaisance data collection and Surveillance and Enforcement exploitation; ensuring cyber situational Matters. In the event that the times or awareness for commanders; extended dates of these or any future meetings use of Air Force Space Command space- DEPARTMENT OF EDUCATION change, an announcement of the change, based sensors; acquisition challenges Notice of Submission for OMB Review along with the new time and place of amid new era of defense policy and the meeting will be posted on the lessons learned from challenged AGENCY: Department of Education. Commission’s Web site at http:// acquisition programs; and balancing ACTION: Comment request. www.cftc.gov. today’s needs with tomorrow’s

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SUMMARY: The Acting Director, Agency Form Number(s): N/A. Relay Service (FIRS) at 1–(800) 877– Information Collection Clearance Frequency of Responses: Annually. 8339. Division, Privacy, Information and Affected Public: Individuals or [FR Doc. 2011–32510 Filed 12–19–11; 8:45 am] Records Management Services, Office of households. BILLING CODE 4000–01–P Management, invites comments on the Total Estimated Number of Annual submission for OMB review as required Responses: 45,159. by the Paperwork Reduction Act of 1995 DEPARTMENT OF EDUCATION (Pub. L. 104–13). Total Estimated Annual Burden Hours: 24,607. DATES: Interested persons are invited to Notice of Proposed Information submit comments on or before January Abstract: The High School Collection Requests Longitudinal Study of 2009 (HSLS: 09) 19, 2012. AGENCY: Department of Education. is a nationally representative, ADDRESSES: Written comments should ACTION: Comment request. be addressed to the Office of longitudinal study of more than 20,000 Information and Regulatory Affairs, ninth graders in 944 schools who will SUMMARY: The Department of Education Attention: Education Desk Officer, be followed through their secondary and (the Department), in accordance with Office of Management and Budget, 725 postsecondary years. The main study the Paperwork Reduction Act of 1995 17th Street NW., Room 10222, New students will be re-surveyed in 2012 (PRA) (44 U.S.C. 3506(c)(2)(A)), Executive Office Building, Washington, when most are high school 11th graders. provides the general public and Federal DC 20503, be faxed to (202) 395–5806 or The study focuses on understanding agencies with an opportunity to emailed to students’ trajectories from the beginning comment on proposed and continuing [email protected] with a of high school into university or the collections of information. This helps cc: to [email protected]. Please note workforce and beyond. What students the Department assess the impact of its that written comments received in decide to pursue when, why, and how information collection requirements and response to this notice will be are crucial questions for HSLS: 09, minimize the reporting burden on the considered public records. especially, but not solely, in regards to public and helps the public understand science, technology, engineering, and SUPPLEMENTARY INFORMATION: Section the Department’s information collection math courses, majors, and careers. This 3506 of the Paperwork Reduction Act of requirements and provide the requested study includes a new student 1995 (44 U.S.C. Chapter 35) requires data in the desired format. The Acting assessment in algebraic skills, that the Office of Management and Director, Information Collection reasoning, and problem solving and, Budget (OMB) provide interested Clearance Division, Privacy, Information like past studies, will survey students, Federal agencies and the public an early and Records Management Services, their parents, school administrators, and opportunity to comment on information Office of Management, invites school counselors. Students will be collection requests. The OMB is comments on the proposed information administered a questionnaire and an particularly interested in comments collection requests as required by the assessment instrument. This submission which: (1) Evaluate whether the Paperwork Reduction Act of 1995. will ask for the clearance for a field test proposed collection of information is DATES: Interested persons are invited to of the high school transcript collection necessary for the proper performance of submit comments on or before February and college update of HSLS: 2009 high the functions of the agency, including 21, 2012. school students who were in ninth whether the information will have ADDRESSES: Comments regarding burden grade in the base year; second follow-up practical utility; (2) Evaluate the and/or the collection activity panel maintenance; and a 60-day waiver accuracy of the agency’s estimate of the requirements should be electronically for the full scale submission for these burden of the proposed collection of mailed to [email protected] or activities. information, including the validity of mailed to U.S. Department of Education, the methodology and assumptions used; Copies of the information collection 400 Maryland Avenue SW., LBJ, (3) Enhance the quality, utility, and submission for OMB review may be Washington, DC 20202–4537. Please clarity of the information to be accessed from the RegInfo.gov Web site note that written comments received in collected; and (4) Minimize the burden at http://www.reginfo.gov/public/do/ response to this notice will be of the collection of information on those PRAMain or from the Department’s Web considered public records. who are to respond, including through site at http://edicsweb.ed.gov, by SUPPLEMENTARY INFORMATION: Section the use of appropriate automated, selecting the ‘‘Browse Pending 3506 of the Paperwork Reduction Act of electronic, mechanical, or other Collections’’ link and by clicking on 1995 (44 U.S.C. Chapter 35) requires technological collection techniques or link number 4730. When you access the that Federal agencies provide interested other forms of information technology. information collection, click on parties an early opportunity to comment ‘‘Download Attachments’’ to view. on information collection requests. The Dated: December 15, 2011. Written requests for information should Director, Information Collection Kate Mullan, be addressed to U.S. Department of Clearance Division, Regulatory Acting Director, Information Collection Education, 400 Maryland Avenue SW., Information Management Services, Clearance Division, Privacy, Information and LBJ, Washington, DC 20202–4537. Office of Management, publishes this Records Management Services, Office of Requests may also be electronically Management. notice containing proposed information mailed to the Internet address collection requests at the beginning of Institute of Education Sciences [email protected] or faxed to (202) the Departmental review of the Type of Review: Revision. 401–0920. Please specify the complete information collection. The Department Title of Collection: High School title of the information collection and of Education is especially interested in Longitudinal Study of 2009 (HSLS: 09) OMB Control Number when making public comment addressing the High School Transcript Collection and your request. following issues: (1) Is this collection College Update Field Test and Second Individuals who use a necessary to the proper functions of the Follow-up Panel Maintenance. telecommunications device for the deaf Department; (2) will this information be OMB Control Number: 1850–0852. (TDD) may call the Federal Information processed and used in a timely manner;

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(3) is the estimate of burden accurate; by clicking on link number 4767. When Issued in Washington, DC, on December (4) how might the Department enhance you access the information collection, 14, 2011. the quality, utility, and clarity of the click on ‘‘Download Attachments’’ to Carol A. Matthews, information to be collected; and (5) how view. Written requests for information Committee Management Officer . might the Department minimize the should be addressed to U.S. Department [FR Doc. 2011–32502 Filed 12–19–11; 8:45 am] burden of this collection on the of Education, 400 Maryland Avenue BILLING CODE 6450–01–P respondents, including through the use SW, LBJ, Washington, DC 20202–4537. of information technology. Requests may also be electronically Dated: December 15, 2011. mailed to [email protected] or faxed DEPARTMENT OF ENERGY Kate Mullan, to (202) 401–0920. Please specify the complete title of the information Environmental Management Site- Acting Director, Information Collection collection and OMB Control Number Specific Advisory Board, Oak Ridge Clearance Division, Privacy, Information and Reservation Records Management Services, Office of when making your request. Individuals who use a Management. AGENCY: Department of Energy. telecommunications device for the deaf Federal Student Aid (TDD) may call the Federal Information ACTION: Notice of open meeting. Type of Review: Revision. Relay Service (FIRS) at 1–(800) 877– SUMMARY: This notice announces a Title of Collection: Fiscal Operations 8339. meeting of the Environmental Report for 2011–2012 and Application [FR Doc. 2011–32513 Filed 12–19–11; 8:45 am] Management Site-Specific Advisory to Participate for 2013–2014 Fiscal BILLING CODE 4000–01–P Board (EM SSAB), Oak Ridge Operations Report and Application to Reservation. The Federal Advisory Participate and Reallocation Form E40– Committee Act (Pub. L. 92–463, 86 Stat. 4P. 770) requires that public notice of this OMB Control Number: 1845–0030. DEPARTMENT OF ENERGY Agency Form Number(s): E40–4P. meeting be announced in the Federal Frequency of Responses: Annually. Biological and Environmental Register. Affected Public: Business or other for- Research Advisory Committee DATES: Wednesday, January 11, 2012; 6 profit; Federal Government; Not-for- AGENCY: p.m. profit institutions. Office of Science, Department of Energy. ADDRESSES: DOE Information Center, Total Estimated Number of Annual 475 Oak Ridge Turnpike, Oak Ridge, ACTION: Notice of renewal of the Responses: 4,258. Tennessee 37830. Total Estimated Annual Burden Biological and Environmental Research Hours: 32,963. Advisory Committee. FOR FURTHER INFORMATION CONTACT: Abstract: The data submitted Melyssa P. Noe, Federal Coordinator, electronically in the Fiscal Operations SUMMARY: Pursuant to Section Department of Energy Oak Ridge Report and Application to Participate 14(a)(2)(A) of the Federal Advisory Operations Office, P.O. Box 2001, EM– (FISAP) through FISAP on the web is Committee Act (Pub. L. 92–463), and in 90, Oak Ridge, TN 37831. Phone (865) used by the Department of Education accordance with Title 41, Code of 241–3315; Fax (865) 576–0956 or email: (the Department) to determine the Federal Regulations, Section 102– [email protected] or check the Web institution’s funding need for the award 3.65(a), and following consultation with site at: www.oakridge.doe.gov/em/ssab. year and monitor program effectiveness the Committee Management Secretariat, SUPPLEMENTARY INFORMATION: and accountability of fund General Services Administration, notice Purpose of the Board: The purpose of expenditures. The Reallocation form is is hereby given that the Biological and the Board is to make recommendations part of FISAP on the web. The Higher Environmental Research Advisory to DOE–EM and site management in the Education Act of 1965, as amended Committee will be renewed for a two- areas of environmental restoration, requires that if an institution anticipates year period beginning December 14, waste management, and related not using all of its allocated funds for 2011. activities. the Perkins, Federal Work-Study, and The Committee provides advice and Tentative Agenda: The main meeting Federal Supplemental Educational recommendations to the Department of presentation will be on the Asset Opportunity Grant programs by the end Energy on matters related to the Revitalization and Reuse. The speaker of an award year, it must specify the Biological and Environmental Research will be Brian Henry, DOE Oak Ridge. anticipated remaining unused amount programs. Public Participation: The EM SSAB, to the Secretary. This data collection is Additionally, the renewal of the Oak Ridge, welcomes the attendance of due to expire June 30, 2012. In addition Biological and Environmental Research the public at its advisory committee to renewing the expiration date Advisory Committee has been meetings and will make every effort to references to dates and award year dates determined to be essential to the accommodate persons with physical have been updated on the forms and in conduct of the Department’s mission disabilities or special needs. If you the instructions for both documents. and to be in the public interest in require special accommodations due to Two fields were removed from the connection with the performance of a disability, please contact Melyssa P. FISAP due to the termination of the duties imposed upon the Department of Noe at least seven days in advance of Academic Competitiveness Grant and Energy by law and agreement. The the meeting at the phone number listed National Science and Mathematics Committee will operate in accordance above. Written statements may be filed Access to Retain Talent Grant programs. with the provisions of the Federal with the Board either before or after the Additional clarifications were made to Advisory Committee Act, and rules and meeting. Individuals who wish to make the FISAP instructions. regulations issued in implementation of oral statements pertaining to the agenda Copies of the proposed information that Act. item should contact Melyssa P. Noe at collection request may be accessed from FOR FURTHER INFORMATION CONTACT: Dr. the address or telephone number listed http://edicsweb.ed.gov, by selecting the David Thomassen, Designated Federal above. Requests must be received five ‘‘Browse Pending Collections’’ link and Officer, by telephone at (301) 903–9817. days prior to the meeting and reasonable

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provision will be made to include the Erickson. Issued at Washington, DC on December 14, presentation in the agenda. The Deputy Welcome and Introductions, Ralph 2011. Designated Federal Officer is Phelps. LaTanya R. Butler, empowered to conduct the meeting in a Approval of Agenda and November Acting Deputy Committee Management fashion that will facilitate the orderly 30, 2011, Meeting Minutes. Officer. conduct of business. Individuals 1:30 p.m. Public Comment Period. [FR Doc. 2011–32535 Filed 12–19–11; 8:45 am] wishing to make public comments will BILLING CODE 6405–01–P be provided a maximum of five minutes 1:45 p.m. Old Business. • to present their comments. Written Reports. Minutes: Minutes will be available by • Other Items. DEPARTMENT OF ENERGY writing or calling Melyssa P. Noe at the 2 p.m. New Business, Ralph Phelps. address and phone number listed above. 2:30 p.m. Items from DDFOs, Ed Environmental Management Site- Minutes will also be available at the Worth and Lee Bishop. Specific Advisory Board, Portsmouth following Web site: http:// • Definition of One Contaminant (as AGENCY: Department of Energy (DOE). www.oakridge.doe.gov/em/ssab/ requested). ACTION: Notice of Open Meeting. minutes.htm. • Other Items. Issued at Washington, DC, on December 14, 3 p.m. Break. SUMMARY: This notice announces a 2011. meeting of the Environmental 3:15 p.m. Presentation on Management Site-Specific Advisory LaTanya R. Butler, Environmental Cleanup. Board (EM SSAB), Portsmouth. The Acting Deputy Committee Management 4:30 p.m. Discussion on Draft Officer. Federal Advisory Committee Act (Pub. Recommendation(s) to DOE, Ralph L. 92–463, 86 Stat. 770) requires that [FR Doc. 2011–32505 Filed 12–19–11; 8:45 am] Phelps. BILLING CODE 6450–01–P public notice of this meeting be 5 p.m. Dinner Break. announced in the Federal Register. 6 p.m. Public Comment Period . DATES: Thursday, January 5, 2012, 6 DEPARTMENT OF ENERGY 6:15 p.m. Consideration and Action on p.m. Draft Recommendation(s) to the ADDRESSES: Environmental Management Site- DOE, Ralph Phelps. Ohio State University, Specific Advisory Board, Northern New Endeavor Center, 1862 Shyville Road, 6:30 p.m. Wrap up and Comments Piketon, Ohio 45661. Mexico from Board Members. FOR FURTHER INFORMATION CONTACT: Joel 7 p.m. Adjourn, Lee Bishop and Ed AGENCY: Department of Energy. Bradburne, Deputy Designated Federal Worth. ACTION: Notice of Open Meeting. Officer, Department of Energy Public Participation: The EM SSAB, Portsmouth/Paducah Project Office, Post SUMMARY: This notice announces a Office Box 700, Piketon, Ohio 45661. meeting of the Environmental Northern New Mexico, welcomes the Phone (740) 897–3822. email: Management Site-Specific Advisory attendance of the public at its advisory [email protected]. Board (EM SSAB), Northern New committee meetings and will make Mexico. The Federal Advisory every effort to accommodate persons SUPPLEMENTARY INFORMATION: Committee Act (Pub. L. 92–463, 86 Stat. with physical disabilities or special Purpose of the Board: The purpose of 770) requires that public notice of this needs. If you require special the Board is to make recommendations meeting be announced in the Federal accommodations due to a disability, to DOE–EM and site management in the Register. please contact Menice Santistevan at areas of environmental restoration, least seven days in advance of the waste management, and related DATES: Wednesday, January 25, 2012, meeting at the telephone number listed activities. 1 p.m.–7 p.m. above. Written statements may be filed ADDRESSES: NNMCAB Offices, 96 Cities with the Board either before or after the Tentative Agenda of Gold Road, Suite 3, Pojoaque, New meeting. Individuals who wish to make • Call to Order, Introductions, Review Mexico 87506. oral statements pertaining to agenda of Agenda. FOR FURTHER INFORMATION CONTACT: items should contact Menice • Approval of December Minutes. Menice Santistevan, Northern New Santistevan at the address or telephone • Deputy Designated Federal Officer’s Mexico Citizens’ Advisory Board number listed above. Requests must be Comments. (NNMCAB), 1660 Old Pecos Trail, Suite received five days prior to the meeting • Federal Coordinator’s Comments. B, Santa Fe, NM 87505. Phone (505) and reasonable provision will be made • Liaisons’ Comments. 995–0393; Fax (505) 989–1752 or Email: to include the presentation in the • Presentation: [email protected]. agenda. The Deputy Designated Federal Æ Site Characterization, Habitat and SUPPLEMENTARY INFORMATION: Purpose of Officer is empowered to conduct the Land Use Mapping and Data/Wildlife the Board: The purpose of the Board is meeting in a fashion that will facilitate Management Plan—Summary of Year 1 to make recommendations to DOE–EM the orderly conduct of business. Field Work and Data Collection, Bob and site management in the areas of Individuals wishing to make public Eichenberg and Rob Wiley, Ohio environmental restoration, waste comments will be provided a maximum University. management, and related activities. of five minutes to present their • Information Portfolio, Karen Price. comments. • FLUOR B&W Community Tentative Agenda Minutes: Minutes will be available by Commitment Plan Update, Jerry 1 p.m. Call to Order by Co-Deputy writing or calling Menice Santistevan at Schneider. Designated Federal Officers the address or phone number listed • Administrative Issues: (DDFO), Ed Worth and Lee Bishop. above. Minutes and other Board Æ Subcommittee Updates. Establishment of a Quorum: Roll Call documents are on the Internet at: • Public Comments. and Excused Absences, Karen http://www.nnmcab.org/. • Final Comments from the Board.

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• Adjourn. conditioners and heat pumps. The Public Law 94–163 (42 U.S.C. 6311– Public Participation: The meeting is waiver is applicable to the LG Multi V 6317), established the Energy open to the public. The EM SSAB, III variable refrigerant flow (VRF) multi- Conservation Program for certain Portsmouth, welcomes the attendance of split commercial heat pumps specified industrial equipment, which includes the public at its advisory committee in LG’s July 22, 2011 petition for waiver. commercial air conditioning equipment, meetings and will make every effort to As a condition of this waiver, LG must the focus of this decision and order.1 accommodate persons with physical use the alternate test procedure set forth Part C specifically includes disabilities or special needs. If you in this notice to test and rate its Multi definitions (42 U.S.C. 6311), test require special accommodations due to V III VRF multi-split commercial heat procedures (42 U.S.C. 6314), labeling a disability, please contact Joel pumps. provisions (42 U.S.C. 6315), energy Bradburne at least seven days in DATES: This Decision and Order is conservation standards (42 U.S.C 6313), advance of the meeting at the phone effective December 20, 2011. and the authority to require information number listed above. Written statements and reports from manufacturers (42 FOR FURTHER INFORMATION CONTACT: Dr. may be filed with the Board either U.S.C. 6316). With respect to test Michael G. Raymond, U.S. Department before or after the meeting. Individuals procedures, Part C authorizes the of Energy, Building Technologies who wish to make oral statements Secretary of Energy (the Secretary) to Program, Mailstop EE–2J, 1000 pertaining to agenda items should prescribe test procedures that are Independence Avenue SW., contact Joel Bradburne at the address or reasonably designed to produce results Washington, DC 20585–0121. telephone number listed above. that measure energy efficiency, energy Telephone: (202) 586–9611. Email: Requests must be received five days use, and estimated annual operating [email protected]. costs, and that are not unduly prior to the meeting and reasonable Ms. Elizabeth Kohl, U.S. Department burdensome to conduct. (42 U.S.C. provision will be made to include the of Energy, Office of the General Counsel, 6314(a)(2)) presentation in the agenda. The Deputy Mail Stop GC–71, Forrestal Building, Designated Federal Officer is For commercial package air- 1000 Independence Avenue SW., conditioning and heating equipment, empowered to conduct the meeting in a Washington, DC 20585–0103. fashion that will facilitate the orderly EPCA provides that ‘‘the test procedures Telephone: (202) 586–7796. Email: shall be those generally accepted conduct of business. Individuals mailto:[email protected]. wishing to make public comments will industry testing procedures or rating be provided a maximum of five minutes SUPPLEMENTARY INFORMATION: DOE procedures developed or recognized by to present their comments. issues notice of this Decision and Order the Air-Conditioning and Refrigeration Minutes: Minutes will be available by in accordance with Title 10 of the Code Institute [ARI] or by the American writing or calling Joel Bradburne at the of Federal Regulations (10 CFR) Society of Heating, Refrigerating and address and phone number listed above. 431.401(f)(4). In this Decision and Air-Conditioning Engineers [ASHRAE], Minutes will also be available at the Order, DOE grants LG a waiver from the as referenced in ASHRAE/IES Standard following Web site: http://www.ports- existing DOE commercial package air 90.1 and in effect on June 30, 1992.’’ (42 ssab.energy.gov/. conditioner and heat pump test U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. procedures for the basic models of its Issued at Washington, DC on December 14, 6314(a)(4)(B), if the industry test 2011. Multi V III VRF multi-split equipment procedure for commercial package air- LaTanya R. Butler, specified in its July 22, 2011 petition for conditioning and heating equipment is waiver. DOE also requires the use of amended, EPCA directs the Secretary to Acting Deputy Committee Management Officer. AHRI 1230 with Addendum 1 as the amend the corresponding DOE test alternative test procedure for these basic procedure unless the Secretary [FR Doc. 2011–32539 Filed 12–19–11; 8:45 am] models. determines, by rule and based on clear BILLING CODE 6450–01–P Today’s decision requires LG to make and convincing evidence, that such a representations concerning the energy modified test procedure does not meet DEPARTMENT OF ENERGY efficiency of this equipment consistent the statutory criteria set forth in 42 with the provisions and restrictions of U.S.C. 6314(a)(2) and (3). Office of Energy Efficiency and the alternate test procedure in the On December 8, 2006, DOE published Renewable Energy Decision and Order below, and the a final rule adopting test procedures for representations must fairly disclose the commercial package air-conditioning [Case No. CAC–036] test results. (42 U.S.C. 6314(d)) The and heating equipment, effective Decision and Order Granting a Waiver same standard applies to distributors, January 8, 2007. 71 FR 71340. Table 1 to LG Electronics U.S.A., Inc. From the retailers, and private labelers when to Title 10 of the Code of Federal Department of Energy Commercial making representations of the energy Regulations (10 CFR) 431.96 directs Package Air Conditioner and Heat efficiency of this equipment. Id. manufacturers of commercial package Pump Test Procedures Issued in Washington, DC, on December air conditioning and heating equipment 14, 2011. to use the appropriate procedure when AGENCY: Office of Energy Efficiency and Kathleen B. Hogan, measuring energy efficiency of this Renewable Energy, Department of Deputy Assistant Secretary for Energy equipment. For commercial package air- Energy. Efficiency, Energy Efficiency and Renewable source equipment with capacities ACTION: Decision and Order. Energy. between 65,000 and 760,000 Btu/h, ARI Standard 340/360–2004 is the SUMMARY: This notice publishes the U.S. Decision and Order applicable test procedure. Department of Energy’s (DOE) Decision In the Matter of: LG Electronics DOE’s regulations for covered and Order in Case No. CAC–036, which U.S.A., Inc. (LG) (Case No. CAC–036). products and equipment permit a grants LG Electronics U.S.A., Inc. (LG) person to seek a waiver from the test a waiver from the existing DOE test Background procedures applicable to commercial Title III, Part C of the Energy Policy 1 For editorial reasons, upon codification in the package air-source central air and Conservation Act of 1975 (EPCA), U.S. Code, Part C was re-designated Part A–1.

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procedure requirements for covered characteristics that prevent testing same models. According to LG, the commercial equipment if at least one of according to the current DOE test various indoor and outdoor models can the following conditions is met: (1) The procedures. Specifically, LG asserts that be connected in a multitude of petitioner’s basic model contains one or the two primary factors that prevent configurations, with many thousands of more design characteristics that prevent testing of its Multi V III multi-split possible combinations. Consequently, testing according to the prescribed test variable speed equipment are the same LG requested that DOE grant a waiver procedures; or (2) the prescribed test factors stated in the waivers that DOE from the applicable test procedures for procedures may evaluate the basic granted to Mitsubishi Electric & its Multi V III product designs until a model in a manner so unrepresentative Electronics USA, Inc. (Mitsubishi) and suitable test method can be prescribed. of its true energy consumption as to other manufacturers for similar lines of In responses to two petitions for provide materially inaccurate commercial multi-split air-conditioning waiver from Mitsubishi for similar comparative data. 10 CFR 431.401(a)(1). systems: equipment, DOE specified an alternate Petitioners must include in their • Testing laboratories cannot test test procedure to provide a basis upon petition any alternate test procedures products with so many indoor units; which Mitsubishi could test and make known to the petitioner to evaluate the and valid energy efficiency representations basic model in a manner representative • There are too many possible for its R410A CITY MULTI equipment, of its energy consumption. 10 CFR combinations of indoor and outdoor as well as for its R22 multi-split 431.401(b)(1)(iii). The Assistant units to test. equipment. Alternate test procedures Secretary for Energy Efficiency and See, e.g., 72 FR 17528 (April 9, 2007) related to the Mitsubishi petitions were Renewable Energy (Assistant Secretary) (Mitsubishi); 76 FR 19069 (April 6, published in the Federal Register on may grant a waiver subject to 2011) (Daikin); 76 FR 19078 (April 6, April 9, 2007. See 72 FR 17528 and 72 conditions, including adherence to 2011) (Mitsubishi); 76 FR 31951 (June 2, FR 17533. The LG Multi V III VRF alternate test procedures. 10 CFR 2011) (Carrier); 76 FR 50204 (August 12, systems have operational characteristics 431.401(f)(4). Waivers remain in effect 2011) (Fujitsu General Limited); 76 FR similar to the commercial multi-split according to the provisions of 10 CFR 65707 (Oct. 24, 2011) (LG). products manufactured by Mitsubishi, 431.401(g). On August 30, 2011, DOE published as well as by Samsung, Fujitsu, Daikin, The waiver process also permits LG’s petition for waiver in the Federal Carrier, and Sanyo. DOE has also parties submitting a petition for waiver Register, seeking public comment granted waivers to these manufacturers. to file an application for interim waiver pursuant to 10 CFR 431.401(b)(1)(iv), For reasons similar to those published of the applicable test procedure and granted the application for interim in these prior notices, DOE believes that requirements. 10 CFR 431.401(a)(2). The waiver. 76 FR 53889. DOE received no an alternate test procedure is Assistant Secretary will grant an interim comments on LG’s petition. appropriate in this instance. waiver request if it is determined that After DOE granted a waiver to the applicant will experience economic Assertions and Determinations Mitsubishi’s CITY MULTI products, the hardship if the application for interim LG’s Petition for Waiver Air-Conditioning and Refrigeration waiver is denied, if it appears likely that Institute (ARI) (now AHRI) formed a the petition for waiver will be granted, LG seeks a waiver from the DOE test committee to develop a general testing and/or the Assistant Secretary procedures for this product class on the protocol for VRF systems. The determines that it would be desirable for grounds that its Multi V III VRF multi- committee developed AHRI 1230, which public policy reasons to grant split commercial heat pumps contain is referenced in ASHRAE 90.1–2010 as immediate relief pending a design characteristics that prevent them the test procedure for VRF equipment. determination on the petition for from being tested using the current DOE AHRI 1230 establishes a test procedure waiver. 10 CFR 431.401(e)(3). An test procedures. LG asserts that the two for VRF multi-split air conditioners and interim waiver remains in effect for 180 primary factors that prevent testing of heat pumps. The test procedure covers days or until DOE issues its its multi-split variable speed equipment matched VRF systems with cooling and determination on the petition for are the same factors stated in the heating capacities for outdoor units waiver, whichever occurs first. It may be waivers that DOE granted to Mitsubishi, between 12,000 Btu/h and 300,000 extended by DOE for an additional 180 Fujitsu General Ltd. (Fujitsu), Samsung Btu/h. DOE is assessing AHRI 1230 with days. 10 CFR 431.401(e)(4). Air Conditioning (Samsung), Daikin, respect to the requirements EPCA On July 22, 2011, LG filed an Sanyo, and Carrier for similar lines of specifies for test procedures, and will application for interim waiver and a commercial multi-split air-conditioning make a preliminary determination petition for waiver from the test systems: (1) Testing laboratories cannot regarding AHRI 1230 in a future procedures under 10 CFR 431.96 that test products with so many indoor units; rulemaking. apply to commercial package air source and (2) there are too many possible AHRI 1230 is very similar to the air conditioners and heat pumps. LG’s combinations of indoor and outdoor alternate test procedure in the petition requests a waiver from the unit to test. commercial multi-split waivers that applicable test procedures for its multi- The Multi V III systems have DOE previously granted to LG and other split models designated Multi V III, with operational characteristics similar to the manufacturers, but contains minor capacities ranging from 69,000 Btu/h to commercial multi-split equipment differences in the definition of tested 414,000 Btu/h, as specified in the manufactured by other manufacturers. combination, the testing of ducted petition. The applicable test procedure As indicated above, DOE has already versus non-ducted indoor units, and the for these heat pumps is ARI 340/360– granted waivers for these products. The line lengths. These differences are 2004. Manufacturers are directed to use Multi V III system consists of multiple discussed below. these test procedures pursuant to Table indoor units connected to an air-source First, the definition of ‘‘tested 1 of 10 CFR 431.96. outdoor unit. These multi-splits are combination’’ in AHRI 1230 and the LG seeks a waiver from the applicable used in zoned systems where an alternate test procedure prescribed by test procedures under 10 CFR 431.96 on outdoor air-source unit can be DOE in the earlier multi-split waivers the grounds that its Multi V III multi- connected with up to 13–61 separate are identical in all relevant respects, split heat pumps contain design indoor units, which need not be the except that AHRI 1230 with Addendum

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1 2 allows the use of up to 12 indoor (‘‘Daikin’’) commercial multi-split capacity that is between 95% and 105% units, as opposed to eight in the earlier equipment that have cooling capacities of the nominal cooling capacity of the alternate test procedure. less than or equal to 300,000 Btu/h (76 outdoor unit. AHRI 1230, as revised in Second, ANSI/AHRI 1230–2010 FR 34685, June 14, 2011), for Carrier March 2011, permits the use of up to requires an additional test. The earlier Corporation’s (‘‘Carrier’’) commercial twelve indoor units. For consistency alternate test procedure provides for multi-split equipment (76 FR 31951, purposes, DOE also amends the efficiency rating of a non-tested June 2, 2011), and for LG’s interim definition of ‘‘tested combination’’ in combination in one of two ways: (1) At waiver in response to the instant the current alternate test procedure to an energy efficiency level determined petition. make it identical to the definition in using a DOE-approved alternative rating LG’s petition requested a waiver for AHRI 1230 for those units with method; or (2) at the efficiency level of the LG Multi V III VRF multi-split heat capacities greater than 300,000 Btu/h the tested combination utilizing the pumps with capacities ranging from that are outside the scope of AHRI 1230. same outdoor unit. In AHRI 1230, 69,000 Btu/h to 414,000 Btu/h. LG For the reasons discussed above, DOE similar to the residential test procedure requested that DOE permit it to use believes LG’s Multi V III VRF multi-split set forth in 10 CFR part 430, subpart B, AHRI 1230 as the alternate test heat pumps cannot be tested using the appendix M, multi-split manufacturers procedure to test and rate its Multi V III procedure prescribed in 10 CFR 431.96 must also test two or more combinations VRF equipment that have capacities less (ARI Standard 340/360–2004) and of indoor units with each outdoor unit. than or equal to 300,000 Btu/h. AHRI incorporated by reference in DOE’s The first system combination is tested 1230 covers multi-split equipment with regulations at 10 CFR 431.95(b)(2)–(3). using only non-ducted indoor units that cooling and heating capacities for After careful consideration, DOE has meet the definition of a tested outdoor units from 12,000 Btu/h to decided to prescribe ANSI/AHRI 1230– combination. The rating given to any 300,000 Btu/h. For those Multi V III 2010 as the alternate test procedure for untested multi-split system combination VRF products that have capacities LG’s commercial multi-split products having the same outdoor unit and all greater than 300,000 Btu/h, LG will with capacities less than or equal to non-ducted indoor units is set equal to continue to use the alternate test 300,000 Btu/h, and the modified the rating of the tested system having all procedure specified in the earlier alternate test procedure described above non-ducted indoor units. The second waivers. for those units with capacities greater system combination is tested using only As discussed above, AHRI 1230 than 300,000 Btu/h that are outside the ducted indoor units that meet the requires longer line lengths for the scope of AHRI 1230. definition of a tested combination. The cooling refrigerant line during testing, Conclusion rating given to any untested multi-split depending on the type and capacity of system combination having the same the connected indoor units. This After careful consideration of all the outdoor unit and all ducted indoor units difference affects the resulting energy materials submitted by LG, it is ordered is set equal to the rating of the tested efficiency determination. Testing that: system having all ducted indoor units. according to AHRI 1230’s requirements (A) LG is required to test the products The rating given to any untested multi- provides a more conservative estimate listed below with cooling capacities of split system combination having the of energy consumption because it 300,000 Btu/h and less according to the same outdoor unit and a mix of non- results in a slightly lower efficiency alternate test procedure ANSI/AHRI ducted and ducted indoor units is set rating than testing according to the 1230–2010. equal to the average of the ratings for the alternate test procedure. (B) LG shall be required to test the two required tested combinations. In addition, the definition of ‘‘tested products listed below with cooling Third, the alternate test procedure combination’’ in AHRI 1230 is more capacities above 300,000 Btu/h and AHRI 1230 require the use of appropriate for these LG products than according to the test procedures for different line lengths for the cooling the definition in the current alternate central air conditioners and heat pumps refrigerant line when performing test procedure. As defined in the current prescribed by DOE at 10 CFR 431.96, efficiency testing. AHRI 1230 requires alternate test procedures for LG’s except that LG shall test each model of longer line lengths depending on the products, the ‘‘tested combination’’ of a outdoor unit with two or more type and capacity of the connected VRF system is defined as one outdoor combinations of indoor units. The first indoor units. unit matched with between two and system combination shall be tested As DOE continues to evaluate AHRI eight indoor units. The indoor units using only non-ducted indoor units that 1230, DOE has granted manufacturers’ must represent the highest sales model meet the definition of a tested request to use AHRI 1230 as the family, and, together, must have a combination as set forth in alternate test procedure for testing and nominal cooling capacity that is subparagraph (C). The second system rating their commercial multi-split between 95% and 105% of the nominal combination shall be tested using only products subject to a waiver of DOE’s cooling capacity of the outdoor unit. ducted indoor units that meet the test procedures. DOE prescribed AHRI Due to the relative size of some of LG’s definition of a tested combination as set 1230 as the alternate test procedure for outdoor units and indoor units, forth in subparagraph (C). LG shall make those Daikin AC (Americas) Inc. permitting the matching of up to only representations concerning the products covered in this waiver according to the 2 The revision to the definition of ‘‘tested eight indoor units may not be sufficient combination’’ to allow the use of up to 12 indoor to comply with the requirement that the provisions of subparagraph (D): units is the only change made by Addendum 1. indoor units must have a combined BILLING CODE 6450–01–P

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BILLING CODE 6450–01–C (C) Tested combination. The term basic model comprised of units that are ‘‘tested combination’’ means a sample production units, or are representative

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of production units, of the basic model the factual basis underlying the petition become a party must file a notice of being tested. For the purposes of this for waiver is incorrect, or the results intervention or motion to intervene, as waiver, the tested combination shall from the alternate test procedure are appropriate. Such notices, motions, or have the following features: The basic unrepresentative of the basic models’ protests must be filed on or before the model of a variable refrigerant flow true energy consumption characteristics. date as indicated below. Anyone filing system (‘‘VRF system’’) used as a tested (G) This waiver applies only to those an intervention or protest must serve a combination shall consist of an outdoor basic models set out in LG’s petition for copy of that document on the Applicant. unit (an outdoor unit can include waiver. Grant of this waiver does not Anyone filing an intervention or protest multiple outdoor units that have been release a petitioner from the on or before the intervention or protest manifolded into a single refrigeration certification requirements set forth at 10 date need not serve motions to intervene system, with a specific model number) CFR part 429. or protests on persons other than the that is matched with between 2 and 12 Issued in Washington, DC, on December Applicant. indoor units; for multi-split systems, 14, 2011. The Commission encourages each of these indoor units shall be Kathleen B. Hogan, electronic submission of protests and designed for individual operation. Deputy Assistant Secretary for Energy interventions in lieu of paper using the (D) Representations. In making Efficiency, Energy Efficiency and Renewable ‘‘eFiling’’ link at http://www.ferc.gov. representations about the energy Energy. Persons unable to file electronically efficiency of its Multi V III VRF multi- [FR Doc. 2011–32529 Filed 12–19–11; 8:45 am] should submit an original and 7 copies split equipment, for compliance, BILLING CODE 6450–01–P of the protest or intervention to the marketing, or other purposes, LG must Federal Energy Regulatory Commission, fairly disclose the results of testing 888 First Street, NE., Washington, DC under the DOE test procedure in a DEPARTMENT OF ENERGY 20426. manner consistent with the provisions This filing is accessible on-line at outlined below: Federal Energy Regulatory http://www.ferc.gov, using the (i) For multi-split combinations tested Commission ‘‘eLibrary’’ link and is available for review in the Commission’s Public in accordance with this alternate test [Docket No. CP12–23–000] procedure, LG may make Reference Room in Washington, DC. representations based on those test Inergy Pipeline East, LLC; Notice of There is an ‘‘eSubscription’’ link on the results. Application for a Section 284.224 web site that enables subscribers to (ii) For multi-split combinations that Blanket Certificate receive email notification when a are not tested, LG may make document is added to a subscribed representations based on the testing Take notice that on December 5, 2011, docket(s). For assistance with any FERC results for the tested combination and Inergy Pipeline East, LLC (IPE), Two Online service, please email that are consistent with one of the Brush Creek Boulevard, Kansas City, [email protected], or call following methods: Missouri 64112, filed with the Federal (866) 208–3676 (toll free). For TTY, call (a) Rating of non-tested combinations Energy Regulatory Commission an (202) 502–8659. according to an alternative rating application under Section 7 of the Comment Date: 5 p.m. Eastern Time method approved by DOE; or Natural Gas Act (NGA) and Section on January 4, 2012. (b) Rating of non-tested combinations 284.224 of the Commission’s Dated: December 14, 2011. Regulations for an order issuing a having the same outdoor unit and all Kimberly D. Bose, blanket certificate of public convenience non-ducted indoor units shall be set Secretary. equal to the rating of the tested system and necessity authorizing IPE to [FR Doc. 2011–32512 Filed 12–19–11; 8:45 am] having all non-ducted indoor units. transport natural gas in interstate (c) Rating of non-tested combinations commerce in accordance with Subparts BILLING CODE 6717–01–P having the same outdoor unit and all C, D and G of Part 284 of the Commission’s Regulations. IPE further ducted indoor units shall be set equal to DEPARTMENT OF ENERGY the rating of the tested system having all requests Commission approval of its ducted indoor units. To be considered a Statement of Operating Conditions Federal Energy Regulatory ducted unit, the indoor unit must be governing the firm and interruptible Commission intended to be connected with ductwork interstate transportation services IPE and have a rated external static pressure proposes to provide and of IPE’s cost- [Docket No. PR12–10–000] based rates for such services pursuant to capability greater than zero (0). Washington 10 Storage Corporation; 18 CFR 284.123(b)(2). Questions (d) Rating of non-tested combinations Notice of Filing having the same outdoor unit and a mix concerning this Application may be of non-ducted and ducted indoor units directed to James F. Bowe, Jr., Dewey & Take notice that on December 13, shall be set equal to the average of the LeBoeuf LLP, 1101 New York Avenue, 2011, Washington 10 Storage ratings for the two required tested NW., Washington, DC 20005, (202) 346– Corporation (Washington 10) filed a combinations. 8000 (phone) (202) 346–8102 (fax), Statement of Operating Conditions to (E) This waiver amendment shall [email protected]. revise certain provisions of its Firm remain in effect from the date this Any person desiring to participate in Parking and Loaning Service and Decision and Order is issued, consistent this rate filing must file in accordance Interruptible Parking and Loaning with the provisions of 10 CFR with Rules 211 and 214 of the Service to add to Washington 10’s 431.401(g). Commission’s Rules of Practice and possible remedies should Shipper have (F) This waiver is issued on the Procedure (18 CFR 385.211 and a negative Parking or Loaning Account condition that the statements, 385.214). Protests will be considered by balance at the end of the term of a representations, and documentary the Commission in determining the relevant Service Agreement as more materials provided by the petitioner are appropriate action to be taken, but will fully described in the filing. valid. DOE may revoke or modify the not serve to make protestants parties to Any person desiring to participate in waiver at any time if it determines that the proceeding. Any person wishing to this rate filing must file in accordance

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with Rules 211 and 214 of the Western’s Parker-Blythe No. 2 released a joint Staff Assessment/Draft Commission’s Rules of Practice and Transmission Line. The Project would Environmental Impact Statement (SA/ Procedure (18 CFR 385.211 and be located in eastern Riverside County, Draft EIS) in October 2010,1 and 385.214). Protests will be considered by California, near State Route 62, subsequently held a public hearing on the Commission in determining the approximately 40 miles northwest of the document in Palm Desert, appropriate action to be taken, but will Blythe, California, and 15 miles west of California, on January 5, 2011. not serve to make protestants parties to Vidal Junction, California. On June 10, Following the release of the SA/Draft the proceeding. Any person wishing to 2011, the Notice of Availability of the EIS, Western determined that the next become a party must file a notice of Final Environmental Impact Statement document in the CEC process, the intervention or motion to intervene, as (EIS) and Plan Amendment for Rice Presiding Member’s Proposed Decision appropriate. Such notices, motions, or Solar Energy Project was published in (PMPD), would be an inappropriate protests must be filed on or before the the Federal Register (76 FR 34073). After vehicle for Western to present responses date as indicated below. Anyone filing considering the environmental impacts, to comments on the SA/Draft EIS. an intervention or protest must serve a Western has decided to allow RSE’s Therefore, Western prepared its own copy of that document on the Applicant. request for interconnection to Western’s Final EIS, with input from the CEC. Anyone filing an intervention or protest transmission system at its Parker-Blythe Western released the Final EIS in June on or before the intervention or protest No. 2 Transmission Line and to 2011.2 date need not serve motions to intervene construct, own, and operate a new Proposed Federal Action or protests on persons other than the substation. Applicant. Western’s Federal involvement is FOR FURTHER INFORMATION CONTACT: For related to the determination of whether The Commission encourages further information, please contact Ms. electronic submission of protests and to approve the interconnection request Liana Reilly, Environmental Project for the Project. Western’s Proposed interventions in lieu of paper using the Manager, Corporate Services Office, ‘‘eFiling’’ link at http://www.ferc.gov. Action is to interconnect the Project to Western Area Power Administration, Western’s transmission system at the Persons unable to file electronically A7400, P.O. Box 281213, Lakewood, CO should submit an original and 7 copies existing Parker-Blythe No. 2 80228, telephone (720) 962–7253, fax Transmission Line and construct, own, of the protest or intervention to the (720) 962–7263, or email: Federal Energy Regulatory Commission, and operate a new substation adjacent to [email protected]. For general the transmission line. 888 First Street NE., Washington, DC information on DOE’s National 20426. Environmental Policy Act of 1969 RSE Proposed Project This filing is accessible on-line at (NEPA) review process, please contact RSE proposes to construct the Project http://www.ferc.gov, using the Carol M. Borgstrom, Director, Office of in eastern Riverside County, California, ‘‘eLibrary’’ link and is available for NEPA Policy and Compliance, GC–20, on a portion of land that is privately review in the Commission’s Public U.S. Department of Energy, Washington, owned. The Project would consist of a Reference Room in Washington, DC. DC 20585, telephone (202) 586–4600 or power block, a central receiver or tower, There is an ‘‘eSubscription’’ link on the (800) 472–2756. a solar field consisting of mirrors or web site that enables subscribers to SUPPLEMENTARY INFORMATION: Western is heliostats to reflect the sun’s energy to receive email notification when a a Federal agency under the United the central tower, a thermal energy document is added to a subscribed States Department of Energy (DOE) that storage system, technical and non- docket(s). For assistance with any FERC markets and transmits wholesale technical buildings, a storm water Online service, please email electrical power through an integrated system, water supply and treatment [email protected], or call 17,000-circuit mile, high-voltage system, a wastewater system, (866) 208–3676 (toll free). For TTY, call transmission system across 15 western evaporation ponds, construction parking (202) 502–8659. and laydown areas, and other Comment Date: 5 p.m. Eastern Time states. Western’s Open Access supporting facilities. A new 10-mile on Tuesday, December 27, 2011. Transmission Service Tariff provides open access to its electric transmission 161/230 Kilovolt generator tie-line Dated: December 14, 2011. system. Western provides transmission would extend from the southern Kimberly D. Bose, services through an interconnection if boundary of the solar facility boundary Secretary. there is available capacity on the to a new substation to be constructed [FR Doc. 2011–32511 Filed 12–19–11; 8:45 am] transmission system while protecting adjacent to Western’s existing Parker- BILLING CODE 6717–01–P the transmission system reliability and Blythe No. 2 Transmission Line. Part of considering the applicant’s objectives. the generator tie-line and the entire The California Energy Commission substation would be on BLM-managed DEPARTMENT OF ENERGY (CEC), a regulatory agency of the State land. The substation would be owned of California, has the statutory authority and operated by Western and would be Western Area Power Administration to license thermal powerplants of 50 approximately three acres in size. megawatts or more, and is the State lead Description of Alternatives Rice Solar Energy Project Record of agency for the Project. CEC prepares Decision (DOE/EIS–0439) environmental documentation During the environmental analysis, CEC, BLM, and Western developed 28 AGENCY: Western Area Power equivalent to the California alternatives to the Project. These Administration, DOE. Environmental Quality Act (CEQA). included two modifications of the ACTION: Record of Decision. In compliance with the NEPA, as amended, the Federal Land Policy and Project at the proposed site, the No SUMMARY: Western Area Power Management Act of 1976 as amended, Administration (Western) received a and the CEQA, Western and CEC, as 1 75 FR 66078 (October 10, 2010). 2 The Final EIS can be found on Western’s Web request from Rice Solar Energy, LLC joint lead agencies, with the Bureau of site at: http://ww2.wapa.gov/sites/Western/ (RSE) to interconnect its proposed Rice Land Management (BLM) as a transmission/interconn/Documents/ricesolar/ Solar Energy Project (Project) to cooperating agency, prepared and RiceSolarFEIS.pdf.

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Project/No Action Alternative, 12 Alternative, and the No Action Revegetation Plan; the Weed alternative site locations, a range of Alternative. Management Plan; the Special-Status solar and renewable energy As required by 40 CFR 1505.2(b), Plant Impact Avoidance and technologies, generation technologies Western has identified the No Project/ Minimization Plan; the Desert Tortoise using different fuels, and conservation/ No Action Alternative as its Translocation Plan; the Raven demand-side management. environmentally-preferred alternative. Monitoring, Management, and Control Of the 28 alternatives, 24 were Under this alternative, Western would Plan; the Burrowing Owl Relocation and dismissed as not meeting State and deny the interconnection request and Mitigation Plan; the Streambed Federal renewable energy policy goals, not modify its transmission system to Management Plan; the Evaporation not reducing environmental impacts, or interconnect the Project. Under this Pond Design, Monitoring, and infeasible due to various physical or alternative, there would be no Management Plan; and the Avian and regulatory considerations. CEC modifications to Western’s transmission Bat Protection Plan. The Biological compared the impacts of the four system, and no new environmental Resources Mitigation Implementation remaining alternatives to the impacts of impacts. While the No Project/No and Monitoring Plan will include the proposed Project location and Action Alternative has no new accurate and up-to-date maps depicting configuration. The four remaining environmental impacts, it would not the location of sensitive biological alternatives included two that would be meet Western’s Purpose and Need nor resources that require temporary or located on the proposed site of Rice RSE’s objectives relating to renewable permanent protection during Army Airfield, consisting of the energy development. Additional design construction and operation. As outlined Reduced Acreage Alternative and the and configuration modifications were in the CEC Commission Decision, RSE State Route 62/Rice Valley Road also developed as mitigation measures will also abide by the Biological Transmission Line Alternative, in to the original proposal. Western, BLM, Opinion (BO) issued by the U.S. Fish addition to the No Project/No Action and the CEC identified that the and Wildlife Service (USFWS). Western Alternative, and the North of Desert stormwater detention basin was not will abide by the BO as it pertains to Center Alternative. needed considering the runoff Western’s substation. The CEC decided that the North of characteristics of the Project site would Rice Army Airfield is eligible for Desert Center Alternative was a not be significantly altered for the listing in the National Register of reasonable alternative to evaluate under developed site compared to the existing Historic Places, having sufficient site conditions. RSE agreed to modify its integrity to reflect its important the CEQA; thus, the potential impacts of plans accordingly, which reduced the historical association with the Desert that alternative were discussed potential to attract birds to the site and Training Center, California-Arizona throughout the SA/Draft EIS and the would limit bird injury or mortality. In Maneuver Area (DTC/C–AMA). CEC Decision. The CEC concluded that addition, Western determined that fiber Western, BLM, and the CEC support the impacts of this alternative with optic communication cable was no designation of a noncontiguous cultural implementation of mitigation measures longer needed on the Parker-Blythe No. landscape (historic district) that would have significant and unavoidable 2 Transmission Line. Any potential incorporates historical archaeological visual impacts. The number of residents impacts to biological and cultural sites associated with General Patton’s adversely affected would be substantial resources related to installing fiber optic World War II DTC/C–AMA, to be known and viewers in the easternmost slopes of on that line were removed, as Western as the Desert Training Center Cultural Joshua Tree National Park could be chose to use microwave technology Landscape. RSE will abide by the affected. This site could also result in a instead. cultural conditions in the CEC cumulatively significant impact to local Commission Decision, which include, Mitigation Measures roadway traffic levels of service. but are not limited to, the The CEC also considered the State Western, BLM, and the CEC detailed implementation of a Cultural Resources Route 62/Rice Valley Road 186 different Conditions of Certification Monitoring and Mitigation Plan, Transmission Line Alternative, which or mitigation measures for the Project. construction monitoring, and data would be a variation of the Project by These Conditions of Certification are recovery as well as compliance with the realigning a portion of the generator tie- part of the standard licensing process of Memorandum of Agreement (MOA) for line between the power plant site and the CEC, are applicable to the power Section 106 compliance. the interconnection with Western’s plant and linear facilities as specified, An MOA consistent with Section 106 Parker-Blythe No. 2 Transmission Line. and in place for the life of the project, of the National Historic Preservation Act This alternative would eliminate the including construction, operation, and has been prepared and executed need for a new access road and, site closure/decommissioning. between Western, BLM, and the therefore, would reduce impacts to For protection of biological resources, California State Historic Preservation desert habitat. However, this alternative there are 26 CEC required mitigation Office. The purpose of the MOA is to would not substantially reduce or measures that would apply to document compliance with Section 106 change the nature of impacts associated construction and operation of the by describing the treatment of historic with the Project, may result in less Project. These include assigning a properties, the Historic Properties efficient operations, and would not be Designated Biologist who would oversee Management Plan, results of Native feasible. all biological aspects of the Project and American consultation, the treatment of Western’s decision is whether to grant providing biological monitors to human remains of Native American the interconnection to its electrical grid identify and protect sensitive plant and origin should they be found, and how on the Parker-Blythe No. 2 Transmission animal species during project RSE, BLM, and Western would respond Line. Western’s statutory authorization construction. A Biological Resources to discoveries and unanticipated effects is limited to marketing and delivering Mitigation Implementation and during the course of Project power and transmission. The Monitoring Plan will incorporate construction. alternatives that meet Western’s Purpose avoidance and minimization measures Cultural resources mitigation includes and Need are the Project on the Rice described in final versions of the a number of measures that will Army Airfield site, the Reduced Acreage Hazardous Materials Plan; the significantly enhance the public’s

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opportunities to obtain information adopted and standard mitigation Decision. Condition Bio-22 notes that about Rice Army Airfield. A historic measures. When completed, the the acreage of permanent and long-term interpretive roadside stop, including Mitigation Action Plan will be made impacts will include all ephemeral parking and a shaded information kiosk, available to the public. Taking the drainages impacted (by the Project) and will be constructed and maintained to Project modifications, commitments, that they will be mitigated by inform the public that the Project would and requirements into account, all compensation at a 1:1 ratio. be located on the former site of Rice practicable means to avoid or minimize EPA also requested confirmation that Army Airfield and to advise where they environmental harm from the Project the detention basin was removed and can obtain more information. and Western’s Proposed Action have that soil and water and revegetation In consideration that water is a been adopted. measures are in place. Western confirms limited resource, the Project owner that this is the case and refers EPA and would use dry cooling, which avoids Comments on Final EIS others to page 26 of the FEIS and section significant water use associated with Western received comments from the 6.9 of the SA/Draft EIS for in-depth steam condensation, and would limit U.S. Environmental Protection Agency information on the mitigation measures other Project-related water uses during (EPA) in a letter dated June 30, 2011, that RSE will abide by with regards to operations to no more than 150 acre-feet and from La Cuna de Aztlan Sacred soil and water and revegetation. per year, as outlined in the CEC Sites Protection Circle (La Cuna) and Additionally, EPA requested that Condition, Soil & Water-5. Furthermore, CAlifornians for Renewable Energy Western condition right-of-way CEC Condition Soil and Water-6 (CARE) on August 30, 2011. Based on a approval to mitigation success. requires that the Project owner must review of these comments, Western has Western’s role in the Project is to make also prepare and implement a determined that the comments do not a decision regarding the interconnection Groundwater Level and Quality present any significant new request. Western does not have Monitoring and Reporting Plan to circumstances or information relevant to jurisdictional authority over the establish baseline groundwater levels environmental concerns and bearing on generation facility, and is unable to and quality, and to assure the Project’s the Project or its impacts, and a accommodate this request. water use is consistent with predicted Supplemental EIS is not required. The EPA also expressed concern regarding drawdown and water quality effects in basis for this determination is desert tortoise mitigation ratios as well the aquifer. summarized below. as compensatory mitigation proposals. While direct and cumulative EPA noted that the Final EIS EPA wanted assurance that suitable significant visual impacts that would be addressed many of their concerns on the mitigation lands are available. The caused by the introduction of the solar SA/Draft EIS. Additionally, EPA mitigation measure ratios are explained receiver tower and 360-degree expressed concerns regarding impacts to on pages 6.2–92 through 6.2–94 of the luminance from the top of the receiver aquatic and biological resources, SA/Draft EIS, and mitigation lands are tower cannot be mitigated to ephemeral washes, desert tortoise, and addressed on page 6.2–97. As noted insignificant levels or avoided, the impacts to site hydrology and the above, RSE will comply with the terms Project would include mitigation availability of adequate compensatory of the USFWS BO as required by the measures that minimize other potential mitigation lands. Responses to these CEC, and Western will comply with the visual impacts. Mitigation measures concerns are addressed below. In terms of the USFWS BO as related to prescribed by the CEC Commission addition, EPA wanted to reiterate the Western’s substation. Decision include, but are not limited to, importance of meaningful tribal Tribal consultation was also a concern surface treatment on the outermost rows consultation and financial assurance. expressed by EPA as well as La Cuna of heliostats and to major structures to EPA suggested that the Record of and CARE. As noted in section 6.3 of minimize visual intrusion and contrast Decision (ROD) include the CEC the SA/DEIS and reiterated in the Final by blending with the existing visual Conditions of Certification from the CEC EIS, Western has been consulting with background. Commission Decision. As noted the Tribes since the beginning of the Western performed a System Impact previously, CEC has jurisdiction over Project. Although no prehistoric or Study to assess potential transmission the private lands while Western does sacred sites were identified in the area system impacts associated with the not, thus all CEC Conditions are not of potential effect of the Project, Project’s interconnection to Western’s listed here. RSE is required to comply Western has continued to consult with Parker-Blythe No. 2 transmission line with all CEC Conditions. For further Tribal representatives and has sent the and downstream effects. The Project information on the CEC conditions, the MOA for the Project to the tribal owner must prepare a mitigation plan reader is referred to the CEC representatives for their review, for potential overloads in the Southern Commission Decision. comment, and/or signature. California Edison and Imperial EPA recommended that heliostats and Finally, EPA expressed concern Irrigation District systems identified in transmission towers not be placed in regarding decommissioning and the Western’s System Impact Study. The drainages and that the number of road proposed surety bond. Information plan would be approved by Western and crossings over washes be minimized. regarding the surety bond and CEC’s would involve all stakeholders The Project would be sited within the requirements can be found on page 32 including Western, California previously modified drainage shed and of the SA/DEIS.’ ’’ Independent System Operator, Southern will be constructed on the former La Cuna and CARE expressed concern California Edison, Imperial Irrigation location of the Rice Army Airfield. With that, ‘‘the EIS fails to take a hard look District, and Metropolitan Water regard to ephemeral washes, EPA at cultural resources.’’ Cultural District, and would be subject to wanted to ensure the availability of resources are addressed in the SA/DEIS agreement by RSE. sufficient compensation lands to replace on pages 6.3–1 through 6.3–92. Western is adopting those mitigation desert wash functions lost on the project La Cuna and CARE cited that the EIS measures that apply to its action and site. As noted in Section 6.2 of the SA/ failed to look at a reasonable range of will issue a Mitigation Action Plan DEIS, damage to ephemeral washes will alternatives. Western would like to before any construction activity takes be mitigated at a ratio of 1:1. This is direct the reader to pages 4–1 through place. The plan will address the confirmed in the CEC Commission 4–74 for a description of the alternatives

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that were included in the alternatives objectives while minimizing harm to the I. General Information analysis for the Project. Although, environment. A. Does this action apply to me? Western is making a decision regarding This decision is based on the the interconnection request submitted information contained in the Rice Solar This action is directed to the public by Solar Reserve and does not dictate Energy Project Final EIS. This ROD was in general. If you have any questions the type of generation, the SA/DEIS prepared pursuant to the requirements regarding the withdrawal of the examined alternative generation types. of the Council on Environmental December 7, 2011, notice, consult the Land use plan inconsistency is also Quality Regulations for Implementing person listed under FOR FURTHER noted by La Cuna and CARE. Western NEPA (40 CFR parts 1500–1508) and INFORMATION CONTACT. notes the comment and emphasizes that DOE’s Procedures for Implementing NEPA (10 CFR part 1021). B. How can I get copies of this document the decision being made in this ROD is and other related information? only to grant the interconnection Dated: December 12, 2011. request for the Project and does not Timothy J. Meeks, The EPA has established a public docket for the ICR renewal Docket ID signify that all the other permitting and Administrator. land use requirements have been met. No. EPA–HQ–OAR–2011–0901, which [FR Doc. 2011–32507 Filed 12–19–11; 8:45 am] is available for online viewing at La Cuna and CARE mention that, ‘‘the BILLING CODE 6450–01–P www.regulations.gov, or in person purpose and need statements are too viewing at the Air and Radiation Docket narrowly constructed.’’ Western has in the EPA Docket Center (EPA/DC), noted the comment and refers the reader ENVIRONMENTAL PROTECTION EPA West, Room 3334, 1301 to pages 2–4 and 2–8 through 2–9 for AGENCY Constitution Ave. NW., Washington, DC more information on the agency’s [EPA–HQ–OAR–2011–0901; FRL–9608–7] The EPA/DC Public Reading Room is authority, Purpose and Need. open from 8:30 a.m. to 4:30 p.m., Cumulative impacts were another Agency Information Collection Monday through Friday, excluding legal issue of concern for La Cuna and CARE. Activities; Proposed Collections; holidays. The telephone number for the Western directs the reader to section 5 Comment Request; Prevention of Public Reading Room is (202) 566–1744. of the document for the rationale Significant Deterioration and Use www.regulations.gov to obtain a describing which projects were Nonattainment Area New Source copy of the draft collection of considered for the cumulative impacts Review (Renewal) information, submit or view public analysis as well as for the results of the comments, access the index listing of AGENCY: Environmental Protection analysis. Agency (EPA). the contents of the docket and access La Cuna and CARE also expressed those documents in the public docket ACTION: Withdrawal of notice. concern that a programmatic EIS (PEIS) that are available electronically. Once in should have been developed prior to SUMMARY: The EPA announces the the system, select ‘‘search,’’ then key in this EIS. Although, there is currently a withdrawal of the notice titled, ‘‘Agency the docket ID number identified in this PEIS being developed for solar projects, Information Collection Activities; document. there is no requirement for the Proposed Collections; Comment II. Withdrawn Document completion of a PEIS prior to the Request; Prevention of Significant completion of a project specific EIS. Deterioration and Nonattainment Area The EPA is withdrawing the notice Lack of appropriate mitigation was New Source Review (Renewal)’’ titled, Agency Information Collection also noted by La Cuna and CARE. published on December 7, 2011. The Activities; Proposed Collections; Western directs the reader to the December 7, 2011, notice is a duplicate Comment Request; Prevention of SA/DEIS and the CEC Conditions of to the notice published on November Significant Deterioration and Certification to the 186 conditions of 25, 2011. The November 25, 2011, Nonattainment Area New Source certification/mitigation measures that notice announced in compliance with Review (Renewal)’’ published on have been created and will be the Paperwork Reduction Act (PRA) (44 December 8, 2011 in the Federal implemented for the Project. U.S.C. 3501 et seq.) that the EPA is Register at 76 FR 76713. This notice was planning to submit a request to renew a duplicate to the notice published in Finally, La Cuna and CARE raise a the Federal Register on November 25, concern that, ‘‘the RMP violates the an existing approved Information Collection Request (ICR) to the Office of 2011 at 76 FR 72700. Comments remain Federal Land Policy Management Act due on or before January 24, 2012. [FLPMA].’’ Western acknowledges this Management and Budget (OMB). This comment and the concern that La Cuna ICR is scheduled to expire on April 30, Dated: December 13, 2011. and CARE have with BLM’s FLMPA 2012. Before submitting this ICR to Jennifer Noonan Edmonds, responsibilities. OMB for review and approval, the EPA Acting Director, Office of Air Quality Planning is soliciting comments on specific and Standards. Decision aspects of the proposed information [FR Doc. 2011–32571 Filed 12–19–11; 8:45 am] collection through the notice pulished Western’s decision is to allow RSE’s BILLING CODE 6560–50–P on November 25, 2011. request for interconnection to Western’s FOR FURTHER INFORMATION CONTACT: transmission system at its Parker-Blythe Ms. No. 2 Transmission Line and to Pamela Long, Air Quality Policy Division, Office of Air Quality Planning FEDERAL COMMUNICATIONS construct, own and operate a new COMMISSION substation.3 Western’s decision to grant and Standards (C504–01), Environmental Protection Agency, this interconnection request satisfies the Information Collection Being Reviewed Research Triangle Park, North Carolina agency’s statutory mission and RSE’s by the Federal Communications 27711; telephone number: (919) 541– Commission 0641; fax number: (919) 541–5509; 3 Western’s authority to issue a ROD is pursuant to authority delegated on November 16, 2011, from email address: [email protected]. AGENCY: Federal Communications DOE’s Office of the General Counsel. SUPPLEMENTARY INFORMATION: Commission.

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ACTION: Notice and request for Frequency of Response: FEDERAL COMMUNICATIONS comments. Recordkeeping requirement; Quarterly COMMISSION reporting requirement. SUMMARY: The Federal Communications Information Collection Being Reviewed Commission (FCC), as part of its Obligation To Respond: Required to by the Federal Communications continuing effort to reduce paperwork obtain or retain benefits. The statutory Commission Under Delegated burdens, invites the general public and authority for this collection is contained Authority other Federal agencies to take this in Sections 154(i) and 303 of the opportunity to comment on the Communications Act of 1934, as AGENCY: Federal Communications following information collection, as amended. Commission. ACTION: Notice and request for required by the Paperwork Reduction Total Annual Burden: 94,176 hours. Act (PRA) of 1995. Comments are comments. requested concerning (a) whether the Total Annual Cost: $4,708,800. SUMMARY: The Federal Communications proposed collection of information is Privacy Act Impact Assessment: No Commission (FCC), as part of its necessary for the proper performance of impact(s). continuing effort to reduce paperwork the functions of the Commission, Nature and Extent of Confidentiality: including whether the information shall burdens, invites the general public and There is no need for confidentiality with have practical utility; (b) the accuracy of other Federal agencies to take this this collection of information. the Commission’s burden estimate; (c) opportunity to comment on the ways to enhance the quality, utility, and Needs and Uses: Commercial following information collection, as clarity of the information collected; (d) television broadcast stations and Class required by the Paperwork Reduction ways to minimize the burden of the A television broadcast stations are both Act (PRA) of 1995. Comments are collection of information on the required to file FCC Form 398. FCC requested concerning (a) whether the proposed collection of information is respondents, including the use of Form 398 is a standardized form that: automated collection techniques or necessary for the proper performance of (a) Provides a consistent format for the functions of the Commission, other forms of information technology; reporting by all licensees, and and (e) ways to further reduce the including whether the information shall information collection burden on small (b) Facilitates efforts by the public have practical utility; (b) the accuracy of business concerns with fewer than 25 and the FCC to monitor compliance the Commission’s burden estimate; (c) employees. with the Children’s Television Act. ways to enhance the quality, utility, and The FCC may not conduct or sponsor clarity of the information collected; (d) These commercial television ways to minimize the burden of the a collection of information unless it broadcast station licensees and the Class displays a currently valid control collection of information on the A television broadcast station licensees respondents, including the use of number. No person shall be subject to both use FCC Form 398: any penalty for failing to comply with automated collection techniques or a collection of information subject to the (a) To identify the individual station, other forms of information technology; PRA that does not display a valid Office and and (e) ways to further reduce the of Management and Budget (OMB) (b) To identify the children’s information collection burden on small business concerns with fewer than 25 control number. educational and informational employees. DATES: Written PRA comments should programs, which the station broadcasts The FCC may not conduct or sponsor be submitted on or before February 21, on both the regularly scheduled and a collection of information unless it 2012. If you anticipate that you will be preempted core programming, to meet displays a currently valid control submitting comments, but find it the station’s obligation under the number. No person shall be subject to difficult to do so within the period of Children’s Television Act of 1990 any penalty for failing to comply with time allowed by this notice, you should (CTA). a collection of information subject to the advise the contact listed below as soon PRA that does not display a valid Office as possible. Each quarter, the licensee is required to place in its public inspection file a of Management and Budget (OMB) ADDRESSES: Direct all PRA comments to ‘‘Children’s Television Programming control number. the Federal Communications DATES: Written PRA comments should Commission via email to [email protected] Report’’ and to file the FCC Form 398 be submitted on or before February 21, and [email protected]. each quarter with the Commission. The licensee must also complete a 2012. If you anticipate that you will be FOR FURTHER INFORMATION CONTACT: For submitting comments, but find it additional information about the ‘‘Preemption Report’’ for each preempted core program during the difficult to do so within the period of information collection, contact Cathy time allowed by this notice, you should Williams at (202) 418–2918. quarter. This ‘‘Preemption Report’’ requests information on the date of each advise the contact listed below as soon SUPPLEMENTARY INFORMATION: as possible. OMB Control Number: 3060–0754. preemption, if the program was ADDRESSES: Direct all PRA comments to Title: Children’s Television rescheduled, the date and time the the Federal Communications Programming Report, FCC Form 398. program was aired, and the reason for Form Number: 398. the preemption. Commission via email to [email protected] and [email protected]. Type of Review: Extension of a Federal Communications Commission. currently approved collection. FOR FURTHER INFORMATION CONTACT: For Respondents: Businesses or other for- Bulah P. Wheeler, additional information about the profit. Deputy Manager, Office of the Secretary, information collection, contact Cathy Number of Respondents and Office of Managing Director. Williams at (202) 418–2918. Responses: 1,962 respondents; 7,848 [FR Doc. 2011–32462 Filed 12–19–11; 8:45 am] SUPPLEMENTARY INFORMATION: responses. BILLING CODE 6712–01–P OMB Control Number: 3060–0213. Estimated Time per Response: 12 Title: Section 73.3525, Agreements for hours. Removing Application Conflicts.

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Form Number: N/A. broadcast stations pending before the upon which the last day of publication Type of Review: Extension of a FCC involve a determination of fair, shall take place. currently approved collection. efficient and equitable distribution of (4) Such notice shall additionally Respondents: Business or other for- service pursuant to section 307(b) of the include a statement that new profit entities; Not for profit institutions. Communications Act, and an agreement applications for a broadcast station on Number of Respondents and is made to procure the withdrawal (by the same frequency, in the same Responses: 38 respondents; 40 amendment to specify a different community, with substantially the same responses. community or by dismissal pursuant to engineering characteristics and Estimated Time per Response: 0.25–1 § 73.3568) of the only application or proposing to serve substantially the hour. applications seeking the same facilities same service area as the application Frequency of Response: On occasion for one of the communities involved, all sought to be withdrawn, timely filed reporting requirement; Third party parties thereto shall file the joint request pursuant to the FCC’s rules, or filed, in disclosure requirement. and affidavits specified in paragraph (a) any event, within 30 days from the last Total Annual Burden: 39 hours. of this section. date of publication of the notice Total Annual Cost: $91,953. (1) If upon examination of the (notwithstanding any provisions Nature and Extent of Confidentiality: proposed agreement the FCC finds that normally requiring earlier filing of a There is no need for confidentiality with withdrawal of one of the applications competing application), will be entitled this collection of information. would unduly impede achievement of a to comparative consideration with other Obligation to Respond: Required to fair, efficient and equitable distribution pending mutually exclusive affidavits. obtain or retain benefits. The statutory of radio service among the several States (5) Within 7 days of the last day of authority for this collection of and communities, then the FCC shall publication of the notice, the applicant information is contained in Sections order that further opportunity be proposing to withdraw shall file a 154(i) and 311 of the Communications afforded for other persons to apply for statement in triplicate with the FCC Act of 1934, as amended. the facilities specified in the application giving the dates on which the notice Privacy Impact Assessment: No or applications to be withdrawn before was published, the text of the notice and impact(s). acting upon the pending request for the name and location of the newspaper Needs and Uses: 47 CFR 73.3525 in which the notice was published. states (a) except as provided in approval of the agreement. § 73.3523 regarding dismissal of (2) Upon release of such order, any Federal Communications Commission. applications in comparative renewal party proposing to withdraw its Bulah P. Wheeler, proceedings, whenever applicants for a application shall cause to be published Deputy Manager, Office of the Secretary, construction permit for a broadcast a notice of such proposed withdrawal at Office of Managing Director. station enter into an agreement to least twice a week for 2 consecutive [FR Doc. 2011–32464 Filed 12–19–11; 8:45 am] procure the removal of a conflict weeks within the 3-week period BILLING CODE 6712–01–P between applications pending before the immediately following release of the FCC by withdrawal or amendment of an FCC’s order, in a daily newspaper of application or by its dismissal pursuant general circulation published in the FEDERAL COMMUNICATIONS to § 73.3568, all parties thereto shall, community in which it was proposed to COMMISSION locate the station. However, if there is within 5 days after entering into the Information Collection Being Reviewed agreement, file with the FCC a joint no such daily newspaper published in the community, the notice shall be by the Federal Communications request for approval of such agreement. Commission The joint request shall be accompanied published as follows: by a copy of the agreement, including (i) If one or more weekly newspapers AGENCY: Federal Communications any ancillary agreements, and an of general circulation are published in Commission. the community in which the station was affidavit of each party to the agreement ACTION: Notice and request for proposed to be located, notice shall be setting forth: comments. (1) The reasons why it is considered published in such a weekly newspaper that such agreement is in the public once a week for 3 consecutive weeks SUMMARY: As part of its continuing effort interest; within the 4-week period immediately to reduce paperwork burden and as (2) A statement that its application following the release of the FCC’s order. required by the Paperwork Reduction was not filed for the purpose of reaching (ii) If no weekly newspaper of general Act (PRA) of 1995 (44 U.S.C. 3501– or carrying out such agreement; circulation is published in the 3520), the Federal Communications (3) A certification that neither the community in which the station was Commission invites the general public applicant nor its principals has received proposed to be located, notice shall be and other Federal agencies to take this any money or other consideration in published at least twice a week for 2 opportunity to comment on the excess of the legitimate and prudent consecutive weeks within the 3-week following information collection(s). expenses of the applicant; Provided period immediately following the Comments are requested concerning: (a) That this provision shall not apply to release of the FCC’s order in the daily Whether the proposed collection of bona fide merger agreements; newspaper having the greatest general information is necessary for the proper (4) The exact nature and amount of circulation in the community in which performance of the functions of the any consideration paid or promised; the station was proposed to be located. Commission, including whether the (5) An itemized accounting of the (3) The notice shall state the name of information shall have practical utility; expenses for which it seeks the applicant; the location, frequency (b) the accuracy of the Commission’s reimbursement; and and power of the facilities proposed in burden estimate; (c) ways to enhance (6) The terms of any oral agreement the application; the location of the the quality, utility, and clarity of the relating to the dismissal or withdrawal station or stations proposed in the information collected; (d) ways to of its application. applications with which it is in conflict; minimize the burden of the collection of (b) Whenever two or more conflicting the fact that the applicant proposes to information on the respondents, applications for construction permits for withdraw the application; and the date including the use of automated

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collection techniques or other forms of winning bidders in the Mobility Fund Commission provided for one-time information technology; and (e) ways to Phase I auction to evaluate applications support to immediately accelerate further reduce the information burden for Mobility Fund Phase 1 support. On deployment of networks for mobile for small business concerns with fewer November 18, 2011, the Federal broadband services in unserved areas. than 25 employees. Communications Commission released, Mobility Fund Phase I support will be The FCC may not conduct or sponsor WC Docket Nos. 10–90, 07–135, 05–337, awarded through a nationwide reverse a collection of information unless it 03–109; GN Docket No. 09–51; CC auction. The information collection displays a currently valid OMB control Docket Nos. 01–92, 96–45; WT Docket process for the Mobility Fund Phase 1 number. No person shall be subject to No. 10–208; FCC 11–161, which auction is similar to that used in any penalty for failing to comply with adopted rules to govern the Connect spectrum license auctions. This a collection of information subject to the America Fund Mobility Fund. In approach provides an appropriate Paperwork Reduction Act (PRA) that adopting the rules, the Commission screen to ensure serious participation does not display a valid OMB control provided for one-time support to without being unduly burdensome. number. immediately accelerate deployment of Federal Communications Commission. DATES: Written Paperwork Reduction networks for mobile broadband services Bulah P. Wheeler, in unreserved areas. Mobility Fund Act (PRA) comments should be Deputy Manager, Office of the Secretary, submitted on or before February 21, Phase I support will be awarded through Office of Managing Director. a nationwide reverse auction. 2012. If you anticipate that you will be [FR Doc. 2011–32466 Filed 12–19–11; 8:45 am] Applicants with winning bids will submitting PRA comments, but find it BILLING CODE 6712–01–P difficult to do so within the period of provide this information to obtain the time allowed by this notice, you should Mobility Fund Phase 1 support. advise the FCC contact listed below as OMB Control Number: 3060–XXXX. FEDERAL COMMUNICATIONS soon as possible. Title: Application to Participate in an COMMISSION ADDRESSES: Submit your PRA comments Auction for Mobility Fund Phase I to Judith B. Herman, Federal Support. Information Collections Being Communications Commission, via the Form Number: FCC Form 180. Reviewed by the Federal Internet at [email protected]. To Type of Review: New collection. Communications Commission Under submit your PRA comments by email Respondents: Business or other for- Delegated Authority send them to: [email protected]. profit entities; Not-for-profit institutions; State, Local or Tribal AGENCY: Federal Communications FOR FURTHER INFORMATION CONTACT: Commission. Judith B. Herman, Office of Managing Governments. Director, (202) 418–0214. Number of Respondents and ACTION: Notice and request for Responses: 250 respondents; 250 comments. SUPPLEMENTARY INFORMATION: responses. OMB Control Number: 3060–XXXX. Estimated Time per Response: 1.5 SUMMARY: The Federal Communications Title: Application for Mobility Fund hours. Commission (FCC), as part of its Phase I Support. Frequency of Response: On occasion continuing effort to reduce paperwork Form Number: FCC Form 680. burdens, invites the general public and Type of Review: New collection. reporting requirement. other Federal agencies to take this Respondents: Business or other for- Obligation To Respond: Required to opportunity to comment on the profit entities; Not-for-profit obtain or retain benefits. following information collection, as institutions; State, Local or Tribal Total Annual Burden: 375 hours. required by the Paperwork Reduction Governments. Annual Cost Burden: None. Number of Respondents and Privacy Act Impact Assessment: No Act (PRA) of 1995. Comments are Responses: 250 respondents; 250 impact. Entities submitting an requested concerning (a) whether the responses. application are acting in an proposed collection of information is Estimated Time per Response: 1.5 entrepreneurial capacity. necessary for the proper performance of hours. Nature and Extent of Confidentiality: the functions of the Commission, Frequency of Response: On occasion There is no need for confidentiality. The including whether the information shall reporting requirement. information to be collected will be made have practical utility; (b) the accuracy of Obligation To Respond: Required to available for public inspection. the Commission’s burden estimate; (c) obtain or retain benefits. Applicants may request materials or ways to enhance the quality, utility, and Total Annual Burden: 375 hours. information submitted to the clarity of the information collected; (d) Annual Cost Burden: None. Commission be given confidential ways to minimize the burden of the Privacy Act Impact Assessment: No treatment under 47 CFR 0.459 of the collection of information on the impact. Entities submitting an Commission’s rules. respondents, including the use of application are acting in an Needs and Uses: The Commission automated collection techniques or entrepreneurial capacity. will use the information collected to other forms of information technology; Nature and Extent of Confidentiality: determine whether applicants are and (e) ways to further reduce the There is no need for confidentiality. The eligible to participate in the Mobility information collection burden on small information to be collected will be made Fund Phase I auction. On November 18, business concerns with fewer than 25 available for public inspection. 2011, the Federal Communications employees. Applicants may request materials or Commission released, WC Docket Nos. The FCC may not conduct or sponsor information submitted to the 10–90, 07–135, 05–337, 03–109; GN a collection of information unless it Commission be given confidential Docket No. 09–51; CC Docket Nos. 01– displays a currently valid control treatment under 47 CFR 0.459 of the 92, 96–45; WT Docket No. 10–208; FCC number. No person shall be subject to Commission’s rules. 11–161, which adopted rules to govern any penalty for failing to comply with Needs and Uses: The Commission the Connect America Fund Mobility a collection of information subject to the will use the information collected from Fund. In adopting the rules, the PRA that does not display a valid Office

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of Management and Budget (OMB) broadcast and low power television and for stations operating at 1–10 watts ERP control number. related audio signals, AM and FM and an antenna height of 30 meters DATES: Written PRA comments should broadcast stations, and cablecasting HAAT. These stations will be operated be submitted on or before February 21, from one point (e.g., on one side of a on a noncommercial educational basis 2012. If you anticipate that you will be river or mountain) to another point (e.g., by entities that do not hold attributable submitting comments, but find it the other side of the river or mountain) interests in any other broadcast station difficult to do so within the period of or many points (‘‘multipoint’’) via or other media subject to the time allowed by this notice, you should microwave. The filing is done for an Commission’s ownership rules. The advise the contact listed below as soon initial license, for modification of an LPFM service authorized in this Report as possible. existing license, for transfer or and Order provides significant ADDRESSES: Direct all PRA comments to assignment of an existing license, and opportunities for new radio services. the Federal Communications for renewal of a license after five years The LPFM service creates a class of Commission via email to [email protected] from initial issuance or from renewal of radio stations designed to serve very and [email protected]. a license. Filing is done in accordance localized communities or with Sections 78.11 to 78.40 of the underrepresented groups within FOR FURTHER INFORMATION CONTACT: For Commission’s Rules. The form consists communities. additional information about the of multiple schedules and exhibits, In connection with this new service, information collection, contact Cathy depending on the specific action for the Commission developed a new FCC Williams at (202) 418–2918. which it is filed. Initial applications are Form 319, Application for a Low Power OMB Control Number: 3060–0055. the most complete, and renewal FM Broadcast Station License. FCC Title: Application for Cable Television applications are the most brief. The data Form 319 is required to apply for a Relay Service Station License, FCC collected is used by Commission staff to license for a new or modified Low Form 327. determine whether grant of a license is Power FM (LPFM) station. Form Number: FCC Form 327. in accordance with Commission Type of Review: Extension of a OMB Control Number: 3060–1045. requirements on eligibility, permissible currently approved collection. Title: Section 76.1610, Change of use, efficient use of spectrum, and Respondents: Business or other for- Operational Information; FCC Form 324, prevention of interference to existing profit entities; Not-for-profit Operator, Mail Address, and stations. institutions. Operational Status Changes Operator, Number of Respondents and OMB Control Number: 3060–0938. Mail Address, and Operational Responses: 400 respondents; 400 Title: Application for a Low Power Information Changes, FCC Form 324. responses. FM Broadcast Station License, FCC Form Number: FCC Form 324. Estimated Time per Response: 3.166 Form 319. Type of Review: Extension of a hours. Form Number: FCC Form 319. currently approved collection. Frequency of Response: On occasion Type of Review: Extension of a Respondents: Business and other for- reporting requirement; Every 5 years currently approved collection. profit entities; Not-for-profit reporting requirement. Respondents: Not-for-profit institutions. Total Annual Burden: 1,266 hours. institutions, State, local or Tribal Number of Respondents and Total Annual Costs: $98,000. Government. Responses: 5,000 respondents; 5,000 Obligation To Respond: Required to Number of Respondents and responses. obtain or retain benefits. The statutory Responses: 200 respondents and 200 Estimated Time per Response: 0.5 authority for this collection of responses. hours. information is contained in Sections Estimated Time per Response: 1 hour. Frequency of Response: On occasion 154(i), 308 and 309 of the Frequency of Response: On occasion reporting requirement. Communications Act of 1934, as reporting requirement. Total Annual Burden: 2,500 hours. amended. Total Annual Burden: 200 hours. Total Annual Costs: None. Nature and Extent of Confidentiality: Total Annual Costs: $27,500. Obligation to Respond: Required to There is no need for confidentiality with Obligation to Respond: Required to obtain or retain benefits. The statutory this collection of information. obtain or retain benefits. The statutory authority for this collection of Privacy Impact Assessment(s): No authority for this collection of information is contained in 154(i), 303, impact(s). information is contained in Sections 308, 309 and 621 of the Needs and Uses: This filing is the 154(i), 303 and 308 of the Communications Act of 1934, as application for a Cable Television Relay Communications Act of 1934, as amended. Service (CARS) microwave radio amended. Privacy Impact Assessment(s): No license. Franchised cable systems and Privacy Impact Assessment(s): No impact(s). other eligible services use the 2, 7, 12 impacts. Needs and Uses: Under 47 CFR and 18 GHz CARS bands for microwave Needs and Uses: On January 20, 2000, Section 76.1610, cable operators must relays pursuant to part 78 of the the Commission adopted a Report and notify the Commission of changes in Commission’s Rules. CARS is Order (R&O) in MM Docket No. 99–25, ownership information or operating principally a video transmission service In the Matter of Creation of Low Power status within 30 days of such change. used for intermediate links in a Radio Service. With the adoption of this FCC Form 324 is used to update distribution network. CARS stations R&O, the Commission authorized the information filed with the Commission relay signals for and supply program licensing of two new classes of FM radio concerning the Cable Community material to cable television systems and stations, generally referred to as low Registration. The information is the other eligible entities using point-to- power FM stations (LPFM): a LP100 basic operational information on point and point-to-multipoint class for stations operating at 50–100 operator name, mailing address, transmissions. These relay stations watts effective radiated power (ERP) at community served, and system enable cable systems and other CARS an antenna height above average terrain identification. FCC Form 324 will cover licensees to transmit television (HAAT) of 30 meters; and a LP10 class a variety of changes related to cable

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operators, replacing the requirement of DEPARTMENT OF HEALTH AND with the National HIV/AIDS Strategy: a letter containing approximately the HUMAN SERVICES (1) Prevent new HIV infections, (2) same information. Every Form 324 filing increase linkage to, and impact of, will require information about the Centers for Disease Control and prevention and care services for HIV- system—the additional information Prevention positive individuals, and (3) reduce required depending largely upon the [30-Day-12–11DT] HIV-related health disparities. nature of the change. To evaluate ECHPP’s impact on the HIV/AIDS epidemic at the community Federal Communications Commission. Agency Forms Undergoing Paperwork Reduction Act Review level, data will be collected through Bulah P. Wheeler, both existing CDC data sources and Deputy Manager, Office of the Secretary, The Centers for Disease Control and through new data collection activities. Office of Managing Director. Prevention (CDC) publishes a list of Existing CDC data sources will include [FR Doc. 2011–32463 Filed 12–19–11; 8:45 am] information collection requests under HIV surveillance systems (e.g., National BILLING CODE 6712–01–P review by the Office of Management and HIV Behavioral Surveillance System, Budget (OMB) in compliance with the Medical Monitoring Project) that Paperwork Reduction Act (44 U.S.C. routinely collect information about FEDERAL RESERVE SYSTEM chapter 35). To request a copy of these behavioral and clinical outcomes from requests, call the CDC Reports Clearance at-risk target populations in the 12 Notice of Proposals To Engage in or Officer at (404) 639–5960 or send an MSAs. A new data collection activity is To Acquire Companies Engaged in email to [email protected]. Send written proposed through this project to collect Permissible Nonbanking Activities comments to CDC Desk Officer, Office of information about behavioral and The companies listed in this notice Management and Budget, Washington, clinical outcomes from injection drug have given notice under section 4 of the DC 20503 or by fax to (202) 395–5806. users, high-risk heterosexuals, and HIV- Bank Holding Company Act (12 U.S.C. Written comments should be received positive individuals who access medical 1843) (BHC Act) and Regulation Y, (12 within 30 days of this notice. care in six of the 12 ECHPP-funded CFR part 225) to engage de novo, or to Proposed Project MSAs. These MSAs are: District of Columbia; Houston, TX; Los Angeles, acquire or control voting securities or Monitoring Outcomes of the assets of a company, including the CA; Miami, FL; New York City, NY; and Enhanced Comprehensive HIV San Francisco, CA. The purpose of this companies listed below, that engages Prevention Plan (ECHPP) Project -New- either directly or through a subsidiary or new data collection activity is to National Center for HIV/AIDS, Viral monitor community-level outcomes of other company, in a nonbanking activity Hepatitis, STD, and TB Prevention that is listed in § 225.28 of Regulation Y ECHPP and supplement HIV (NCHHSTP), Centers for Disease Control surveillance data routinely collected in (12 CFR 225.28) or that the Board has and Prevention (CDC). determined by Order to be closely these areas. Outcome data will be related to banking and permissible for Background and Brief Description collected in these MSAs at two time bank holding companies. Unless points between 2012 and 2014. The scope of the HIV epidemic in the Two surveys will be used in this otherwise noted, these activities will be United States is significant, particularly project: (1) A community-based survey conducted throughout the United States. in large urban areas where HIV/AIDS to be administered to injection drug Each notice is available for inspection cases are concentrated. In 2006, users and high-risk heterosexuals, and at the Federal Reserve Bank indicated. approximately 56,000 new HIV (2) a clinic-based survey to be The notice also will be available for infections occurred in the U.S., administered to HIV-positive inspection at the offices of the Board of demonstrating the need to expand individuals seeking care at clinics that Governors. Interested persons may targeted HIV prevention efforts. In 2010, provide HIV-related services. Both express their views in writing on the twelve U.S. metropolitan statistical surveys will collect data on question whether the proposal complies areas (MSAs) received funding, through demographics, sexual behavior, alcohol with the standards of section 4 of the their city and state health departments, and drug use history, HIV testing BHC Act. to conduct the Enhanced experiences, exposure to HIV Unless otherwise noted, comments Comprehensive HIV Prevention prevention messages, and participation regarding the applications must be Planning (ECHPP) project. These twelve in HIV prevention activities. The clinic received at the Reserve Bank indicated MSAs (Atlanta, GA; Baltimore, MD; survey will also include questions about or the offices of the Board of Governors Chicago, IL; Dallas, TX; District of HIV treatment, treatment adherence, not later than January 4, 2012. Columbia; Houston, TX; Los Angeles, sources of care, and medical outcomes. A. Federal Reserve Bank of Chicago CA; Miami, FL; New York City, NY; (Colette A. Fried, Assistant Vice For the community survey, for each of Philadelphia, PA; San Francisco, CA; the two data collection periods, we President) 230 South LaSalle Street, and San Juan, PR) had the highest AIDS intend to recruit and screen 750 Chicago, Illinois 60690–1414: prevalence rates in the U.S. at the end 1. First Mutual of Richmond, Inc., and injection drug users and 750 high-risk of 2007, representing 44% of all U.S. Richmond Mutual Bancorp, Inc., both heterosexuals using venue-based, AIDS cases. The purpose of ECHPP is to in, Richmond, Indiana; to engage de convenience sampling methods. For the enhance existing HIV prevention novo in lending activities, pursuant to clinic survey, we intend to recruit and services in these high prevalence areas section 225.28(b)(1) of Regulation Y. screen 1400 HIV-positive individuals and provide an optimal mix of seeking HIV care at medical clinics. A evidence-based behavioral, biomedical, total of 600 eligible injection drug users Board of Governors of the Federal Reserve and structural interventions to have (age > 18 yrs), 600 eligible high-risk System, December 15, 2011. maximum impact on the HIV/AIDS heterosexuals (age 18 to 60 yrs), and Robert deV. Frierson, epidemic at the community level. 1200 eligible HIV-positive individuals Deputy Secretary of the Board. ECHPP goals are consistent with CDC’s (age > 18 yrs) will be surveyed. CDC [FR Doc. 2011–32517 Filed 12–19–11; 8:45 am] Division of HIV/AIDS Prevention will collaborate with local health BILLING CODE 6210–01–P Strategic Plan for HIV Prevention and department staff and outreach workers

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in each MSA to identify venues and Surveys will be administered by trained, respondents other than their time. The clinics appropriate for data collection. local interviewers. There is no cost to total annual burden hours are 1,704.

ESTIMATE OF ANNUALIZED BURDEN TABLE

Average Number of Number of burden per Data collection form Respondent respondents responses per response respondent (in hours)

Project orientation ...... Clinic staff ...... 40 1 30/60 Clinic Staff Script—Provision of Patient Loads Clinic staff ...... 600 1 5/60 Clinic Staff Script—Approaching Clients ...... Clinic staff ...... 1,100 1 5/60 Clinic Screener ...... HIV-positive individuals screened ...... 1,400 1 5/60 Clinic Survey ...... Eligible HIV-positive individuals ...... 1,200 1 40/60 Community Screener ...... Injection drug users screened ...... 750 1 5/60 Community Survey ...... Eligible injection drug users ...... 600 1 25/60 Community Screener ...... High-risk heterosexual individuals screened 750 1 5/60 Community Survey ...... Eligible high-risk heterosexual individuals ..... 600 1 25/60

Dated: December 14, 2011. the disorder. Asthma accounts for 17 (NAEPP)/National Heart, Lung, and Daniel Holcomb, million health care visits and more than Blood Institute Expert Panel Report 3: Reports Clearance Officer, Centers for Disease 3,400 deaths per year. All of these data Guidelines for the Diagnosis and Control and Prevention. are for the United States. Except for a Management of Asthma. [FR Doc. 2011–32495 Filed 12–19–11; 8:45 am] few cases linked to occupational Close to 25 million Americans BILLING CODE 4163–18–P exposures, the causes of asthma remain currently suffer with asthma, with 12 unknown, and there exists no cure. In million experiencing an asthma ‘‘attack’’ the absence of means to eliminate the in 2009, costing the nation $56 billion DEPARTMENT OF HEALTH AND disorder, treatment to minimize the and individuals on average over $3,200 HUMAN SERVICES frequency and intensity of asthmatic annually in direct and indirect costs. attacks is of paramount importance. Improved self-management education, Centers for Disease Control and Several tools are available, including the consistent with the NIH/NAEPP Prevention use of corticosteroids and control of guidelines, for enhancing education of [30Day-12–11AN] exposure to allergens and irritants, persons with asthma in the areas of collectively known as ‘‘triggers.’’ Thus, correct medication adherence and Agency Forms Undergoing Paperwork treatment of asthma is important and avoidance of environmental triggers of Reduction Act Review patients must take action at appropriate asthma attacks, is central to reducing times. From this, it follows that the the health burden and financial burden The Centers for Disease Control and education provided by health care on individuals and the nation. This Prevention (CDC) publishes a list of providers to asthmatic patients forms a research is an important step in information collection requests under improving the education individuals review by the Office of Management and critical link in efforts to control asthma. with asthma (or parents of children with Budget (OMB) in compliance with the CDC and the National Institutes of asthma) receive at their initial diagnosis Paperwork Reduction Act (44 U.S.C. Health recommend the use of written encounter with the medical system. As chapter 35). To request a copy of these asthma action plans to guide patient such it is expected to improve proper requests, call the CDC Reports Clearance self-management of the disorder. Some medication adherence and avoidance of Officer at (404) 639–5960 or send an states have also developed tools. In the environmental triggers of an asthma email to [email protected]. Send written case of Minnesota, this is an interactive attack and in turn to be of use to the comments to CDC Desk Officer, Office of program on the Internet. Management and Budget, Washington, Anecdotal evidence suggests that government in reducing both the DC 20503 or by fax to (202) 395–5806. there is substantial variability in the use medical and financial burden of asthma Written comments should be received of available tools for developing written on the nation. In this aspect, this within 30 days of this notice. asthma action plans. Similarly, patient research is directly in line with both the education appears to vary in type and mission of the CDC National Asthma Proposed Project amount. Some causes of this are Control Program, its funder, which Asthma Education Study: Making suspected: Billing codes for asthma seeks to achieve reductions in deaths Health Care Providers Better Asthma education are not universally present and hospitalizations and increases in Educators—New-National Center for and the degree of health literacy among self-management education for Environmental Health (NCEH) and patients varies and is likely not individuals with asthma and that Agency for Toxic Substances and universally sufficient. Nevertheless, in Program’s Government Performance and Disease Registry (ATSDR)/Centers for large part, the factors influencing Results Act Performance Measure: Disease Control and Prevention (CDC). asthma education by health care Increase the proportion of those with providers are unknown. To help address current asthma who report they have Background and Brief Description this situation, the Air Pollution and received self–management training for The Department of Health and Human Respiratory Health Branch of CDC asthma in populations served by CDC Services (HHS), Centers for Disease wishes to conduct a study to identify funded state asthma control programs. Control and Prevention (CDC) reports barriers to, and facilitators of, asthma The research project is also in alignment that 17.5 million non-institutionalized education among health care providers with Healthy People 2020 objectives adults have asthma. In addition, 7.1 consistent with National Asthma including reducing asthma deaths million children in this country have Education and Prevention Program (objective RD–1), reducing

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hospitalizations for asthma (objective work days missed by persons with with asthma who receive appropriate RD–2), reducing hospital emergency asthma because of asthma (objective asthma care according to the NAEPP department visits for asthma (objective RD–5), increasing the proportion of guidelines (objective RD–7). There are RD–3), reducing activity limitations persons with asthma who receive formal no costs to the respondents other than among persons with asthma (objective patient education (objective RD–6), and their time. The total estimated annual RD–4), reducing the number of school or increasing the proportion of persons burden hours are 40 hours total.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondent Form name respondents responses per response respondent (in hours)

Physician and Nurse ...... Screener ...... 48 1 5/60 Physician ...... Interview ...... 24 1 30/60 Nurse ...... Focus Group ...... 24 1 1

Dated: December 14, 2011. You may submit comments in one of Human Services, 7500 Security Daniel Holcomb, four ways (please choose only one of the Boulevard, Baltimore, MD 21244–1850. Reports Clearance Officer, Centers for Disease ways listed): If you intend to deliver your Control and Prevention. 1. Electronically. You may submit comments to the Baltimore address, call [FR Doc. 2011–32497 Filed 12–19–11; 8:45 am] electronic comments on this regulation telephone number (410) 786–9994 in BILLING CODE 4163–18–P to http://www.regulations.gov. Follow advance to schedule your arrival with the ‘‘Submit a comment’’ instructions. one of our staff members. 2. By regular mail. You may mail Submission of comments on DEPARTMENT OF HEALTH AND written comments to the following paperwork requirements. You may HUMAN SERVICES address only: Centers for Medicare & submit comments on this document’s Medicaid Services, Department of paperwork requirements by following Health and Human Services, Attention: Centers for Medicare & Medicaid the instructions at the end of the CMS–1598–NC, P.O. Box 8010, Services ‘‘Collection of Information Baltimore, MD 21244–8010. Requirements’’ section in this Please allow sufficient time for mailed [CMS–1598–NC] document. comments to be received before the Comments erroneously mailed to the Medicare and Medicaid Programs; close of the comment period. addresses indicated as appropriate for Announcement of Application From 3. By express or overnight mail. You hand or courier delivery may be delayed Hospital Requesting Waiver for Organ may send written comments to the and received after the comment period. Procurement Service Area following address only: Centers for Medicare & Medicaid Services, For information on viewing public AGENCY: Centers for Medicare & Department of Health and Human comments, see the beginning of the Medicaid Services (CMS), HHS. Services, Attention: CMS–1598–NC, SUPPLEMENTARY INFORMATION section. ACTION: Notice with comment period. Mail Stop C4–26–05, 7500 Security FOR FURTHER INFORMATION CONTACT: Boulevard, Baltimore, MD 21244–1850. Kwana Johnson, (410) 786–3171. 4. By hand or courier. Alternatively, SUMMARY: This notice with comment SUPPLEMENTARY INFORMATION: period announces a waiver request from you may deliver (by hand or courier) Inspection of Public Comments: All Pioneer Community Hospital to your written comments only to the comments received before the close of participate in an Organ Procurement following addresses prior to the close of the comment period are available for Organization (OPO) outside of its the comment period: viewing by the public, including any designated OPO. The request was made a. For delivery in Washington, DC— personally identifiable or confidential in accordance with section 1138(a)(2) of Centers for Medicare & Medicaid business information that is included in the Social Security Act (the Act) which Services, Department of Health and a comment. We post all comments provides that a hospital may obtain a Human Services, Room 445–G, Hubert received before the close of the waiver from the Secretary under certain H. Humphrey Building, 200 comment period on the following Web conditions. This notice solicits Independence Avenue SW., site as soon as possible after they have comments from OPOs and the general Washington, DC 20201. been received: http:// public for our consideration in (Because access to the interior of the www.regulations.gov. Follow the search determining whether we should grant Hubert H. Humphrey Building is not instructions on that Web site to view the requested waiver. readily available to persons without Federal government identification, public comments. DATES: Comment Date: To be assured commenters are encouraged to leave Comments received timely will also consideration, comments must be their comments in the CMS drop slots be available for public inspection as received at one of the addresses located in the main lobby of the they are received, generally beginning provided below, no later than 5 p.m. on building. A stamp-in clock is available approximately 3 weeks after publication February 21, 2012. for persons wishing to retain a proof of of a document, at the headquarters of ADDRESSES: In commenting, please refer filing by stamping in and retaining an the Centers for Medicare & Medicaid to file code CMS–1598–NC. Because of extra copy of the comments being filed.) Services, 7500 Security Boulevard, staff and resource limitations, we cannot b. For delivery in Baltimore, MD— Baltimore, Maryland 21244, Monday accept comments by facsimile (FAX) Centers for Medicare & Medicaid through Friday of each week from 8:30 transmission. Services, Department of Health and a.m. to 4 p.m. To schedule an

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appointment to view public comments, the length and continuity of a hospital’s Dated: December 14, 2011. phone 1 (800) 743–3951. relationship with an OPO other than the Marilyn Tavenner, hospital’s designated OPO. Under I. Background Acting Administrator, Centers for Medicare section 1138(a)(2)(D) of the Act, the & Medicaid Services. Organ Procurement Organizations Secretary is required to publish a notice [FR Doc. 2011–32503 Filed 12–19–11; 8:45 am] (OPOs) are not-for-profit organizations of any waiver application received from BILLING CODE 4120–01–P that are responsible for the a hospital within 30 days of receiving procurement, preservation, and the application, and to offer interested transport of transplantable organs to parties an opportunity to comment in DEPARTMENT OF HEALTH AND transplant centers throughout the writing during the 60-day period HUMAN SERVICES country. Qualified OPOs are designated beginning on the publication date in the by the Centers for Medicare & Medicaid Federal Register. Administration for Children and Services (CMS) to recover or procure The criteria that the Secretary uses to Families organs in CMS-defined exclusive evaluate the waiver in these cases are geographic service areas, pursuant to the same as those described above under Proposed Information Collection section 371(b)(1) of the Public Health sections 1138(a)(2)(A) and (B) of the Act Activity; Comment Request Service Act (42 U.S.C. 273(b)(1)) and and have been incorporated into the Title: Parents and Children Together our regulations at 42 CFR 486.306. Once regulations at § 486.308(e) and (f). an OPO has been designated for an area, (PACT) Evaluation. hospitals in that area that participate in II. Waiver Request Procedures OMB No.: New Collection. Medicare and Medicaid are required to Description: The Office of Planning, In October 1995, we issued a Program Research, and Evaluation (OPRE), work with that OPO in providing organs Memorandum (Transmittal No. A–95– for transplant, pursuant to section Administration for Children and 11) detailing the waiver process and Families (ACF), U.S. Department of 1138(a)(1)(C) of the Social Security Act discussing the information hospitals (the Act) and our regulations at 42 CFR Health and Human Services (HHS), is must provide in requesting a waiver. We proposing data collection activity as 482.45. indicated that upon receipt of a waiver Section 1138(a)(1)(A)(iii) of the Act part of the Parents and Children request, we would publish a Federal Together (PACT) Evaluation. provides that a hospital must notify the Register notice to solicit public designated OPO (for the service area in The overall objective of the PACT comments, as required by section evaluation is to document and evaluate which it is located) of potential organ 1138(a)(2)(D) of the Act. donors. Under section 1138(a)(1)(C) of Responsible Fatherhood (RF) and According to these requirements, we Healthy Marriage (HM) grants that were the Act, every participating hospital will review the request and comments must have an agreement to identify authorized under the 2010 Claims received. During the review process, we potential donors only with its Resolution Act. This information will may consult on an as-needed basis with designated OPO. inform decisions related to future However, section 1138(a)(2)(A) of the the Health Resources and Services investments in this kind of Act provides that a hospital may obtain Administration’s Division of programming as well as the design and a waiver of the above requirements from Transplantation, the United Network for operation of such services. the Secretary under certain specified Organ Sharing, and our regional offices. To meet the objective of the study, conditions. A waiver allows the hospital If necessary, we may request additional experimental impact studies with to have an agreement with an OPO other clarifying information from the applying complementary implementation studies than the one initially designated by hospital or others. We will then make a will be conducted, along with separate CMS, if the hospital meets certain final determination on the waiver qualitative studies: conditions specified in section request and notify the hospital and the • Impact studies, with 1138(a)(2)(A) of the Act. In addition, the designated and requested OPOs. complementary implementation studies. Secretary may review additional criteria III. Hospital Waiver Request The goal of the impact component is to described in section 1138(a)(2)(B) of the provide rigorous estimates of the As permitted by § 486.308(e), the Act to evaluate the hospital’s request for effectiveness of the programs. This following hospital has requested a a waiver. component will use an experimental Section 1138(a)(2)(A) of the Act states waiver in order to enter into an design. Program applicants who are that in granting a waiver, the Secretary agreement with a designated OPO other interested in and eligible for the RF or must determine that the waiver—(1) is than the OPO designated for the service HM program will be randomly assigned expected to increase organ donations; area in which the hospital is located: to either a program group and be offered and (2) will ensure equitable treatment Pioneer Community Hospital participation in the program, or a of patients referred for transplants (Medicare provider number 25–1302), of control group and not be offered within the service area served by the Aberdeen, Mississippi, is requesting a participation in the program. designated OPO and within the service waiver to work with: Information will be collected twice for area served by the OPO with which the Mississippi Organ Recovery Agency, 12 the impact component. First, baseline hospital seeks to enter into an River Bend Place, Jackson, MS 39232. information will be collected from all agreement under the waiver. In making The Hospital’s Designated OPO is: fathers or couples prior to random a waiver determination, section Mid-South Transplant Foundation, Inc., assignment. Second, follow-up data will 1138(a)(2)(B) of the Act provides that 8001 Centerview Parkway, Suite 302, be collected from sample members at the Secretary may consider, among Memphis, TN 38018. about 12 months after enrollment in the other factors: (1) Cost-effectiveness; (2) program. A wide range of outcomes (Catalog of Federal Domestic Assistance improvements in quality; (3) whether Program No. 93.773, Medicare—Hospital (e.g., father involvement; parenting and there has been any change in a Insurance; Program No. 93.774, Medicare— co-parenting; economic self-sufficiency) hospital’s designated OPO due to the Supplementary Medical Insurance, and will be evaluated. The goal of the changes made in definitions for Program No. 93.778, Medical Assistance complementary implementation metropolitan statistical areas; and (4) Program) component is to provide a detailed

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description of the programs included in collection for this component will staff will be responsible for collecting the impact study component—how they include site visits, MIS, participant and transferring the information. are implemented, their participants, the characteristics survey, partner For the Management Information contexts in which they are operated, organization surveys, nonparticipant Systems (MIS), program staff will be and their promising practices. The telephone interviews, in-depth in- asked to record information on the detailed descriptions will assist in person conversations with program services received by study participants interpreting program impacts and participants, and diary studies. in the impact/implementation and identifying program features and This 60-Day Notice covers (a) qualitative studies in the study MIS. conditions necessary for effective instruments for the impact studies’ For the program participant program replication or improvement. baseline, (b) site Management characteristics survey in the qualitative Data collection for this component will Information Systems (MIS) for the studies, information will be collected include site visits, Management impact/implementation and qualitative from participants. Program staff will be Information Systems (MIS), and partner studies, (c) program participant responsible for collecting and organization surveys. characteristics survey for the qualitative transferring the information. • Qualitative studies. The goal of the studies, and (d) a request for OMB to Annual Burden Estimates qualitative component is to provide a waive subsequent 60-day Federal deeper understanding of the Register notices pertaining to the PACT A discussion guide, to assist in organizations operating RF and HM Evaluation. selecting sites for the impact/ programs, as well as the lives of implementation and qualitative studies, Respondents participants—their relationships, the is currently under review at OMB. A 60- challenges they face, the influences of For the baseline, information will be Day Federal Register Notice for this the community in which they live, and collected from all fathers or couples instrument was published on August 12, how programs touch their lives. Data prior to random assignment. Program 2011.

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

Discussion guide for grantees and partner organization staff 150 1 60 150

The following instruments, part of the Management Information Systems under this 60-Day Federal Register baseline data collection and site (MIS), are proposed for public comment Notice.

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

Impact/Implementation Component

Baseline for program applicants ...... 3,000 1 35 1,750 Baseline for grantee staff ...... 30 100 35 1,750 Study MIS for grantee staff ...... 30 5,200 2 5,200

Qualitative Component

Study MIS for grantee staff ...... 15 867 2 434 Program participant characteristics survey ...... 250 1 25 104 Program participant characteristics survey for grantee staff ... 15 16.7 25 104

Total ...... 9,342 Estimated Total Annual Burden Hours (for instruments currently under review and those associated with this 60-Day Notice): 9342.

In compliance with the requirements [email protected]. All respondents, including through the use of Section 3506(c)(2)(A) of the requests should be identified by the title of automated collection techniques or Paperwork Reduction Act of 1995, the of the information collection. other forms of information technology. Administration for Children and The Department specifically requests Consideration will be given to Families is soliciting public comment comments on (a) whether the proposed comments and suggestions submitted on the specific aspects of the collection of information is necessary within 60 days of this publication. information collection described above. for the proper performance of the Robert Sargis, Copies of the proposed collection of functions of the agency, including Reports Clearance Officer. information can be obtained and whether the information shall have comments may be forwarded by writing practical utility; (b) the accuracy of the [FR Doc. 2011–32489 Filed 12–19–11; 8:45 am] to the Administration for Children and agency’s estimate of the burden of the BILLING CODE 4184–37–P Families, Office of Planning, Research proposed collection of information; (c) and Evaluation, 370 L’Enfant the quality, utility, and clarity of the Promenade SW., Washington, DC 20447, information to be collected; and (d) Attn: OPRE Reports Clearance Officer. ways to minimize the burden of the Email address: collection of information on

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DEPARTMENT OF HEALTH AND require labeling changes when the recommended that revised labeling HUMAN SERVICES Agency becomes aware of new safety accompany the product within ‘‘a information it believes should be reasonable amount of time’’ and has Food and Drug Administration included in the labeling of an approved occasionally suggested specific 1 [Docket No. FDA–2011–N–0849] drug product. timeframes when this could occur. Before the enactment of FDAAA, if However, we have not yet announced Establishing Timeframes for FDA believed that a labeling change was general timeframes in which we expect Implementation of Product Safety necessary to address safety information new labeling to be disseminated nor Labeling Changes; Request for newly identified after approval of a drug have we established the timeframe for Comments product, the Agency would ask the when product packaging needs to reflect application holder to make the the revised label. AGENCY: Food and Drug Administration, appropriate labeling changes. In most In addition to safety labeling changes HHS. cases, application holders responded to that may be required under FDAAA, ACTION: Notice; request for comments. FDA’s requests for labeling changes by FDA may continue to request safety negotiating appropriate language with labeling changes under existing SUMMARY: The Food and Drug FDA staff to address the concern, and regulations and application holders may Administration (FDA) is seeking then submitting a supplement or continue to propose labeling changes on comments on specific issues related to amended supplement to obtain approval their own initiative (§§ 314.70 and its authority under the Federal Food, of the changes. FDA routinely asked 601.12 (21 CFR 314.70 and 601.12)). Drug, and Cosmetic Act (the FD&C Act) applicants to submit supplemental Existing regulations in §§ 314.70 and to require or order safety labeling applications to revise the labeling of 601.12 describe several mechanisms for changes for approved prescription drug approved products, but the Agency effecting proposed labeling changes to products based on new safety lacked the authority to compel changes approved drug applications including information that becomes available after to product labeling based on new safety the following: (1) A prior approval a drug product is approved. The FD&C information. At times, FDA and supplement (PAS) is used for changes Act specifies the timeframes within application holders discussed the that must receive approval before being which a safety labeling change must be appropriate timeframe by which new implemented; (2) a changes-being- submitted when required or ordered by labeling would be made available. effected supplement (CBE) is used for the FDA, and timeframes for FDA to Typically products that had already other kinds of labeling revisions that conclude its review and take regulatory moved beyond the manufacturing line must be received by the Agency prior to action regarding safety labeling changes. were not withdrawn from distribution to distribution of the drug with the revised FDA’s regulations also provide change existing labeling under the labeling; and (3) the annual report for procedures by which labeling changes timeframes. the drug product is used for certain that do not qualify as changes based on Under FDAAA, FDA is now minor changes that need only be new safety information can be requested authorized to require and, if necessary, described in the next annual report. by FDA or by the holder of the drug order application holders to implement Current labeling regulations do not approval. FDA is seeking public input to safety labeling changes to reflect new provide specific timeframes for assist the Agency in establishing safety information (section 505(o)(4) of implementing other safety labeling specific timeframes for implementing the FD&C Act). Although the statute changes—changes not required under both types of labeling changes. provides specific and relatively short FDAAA—that are made by submitting a DATES: Submit either electronic or timelines for submission and review of PAS or CBE, or by reporting the change written comments by February 21, 2012. FDAAA-required safety labeling in the annual report. changes following a notification or order ADDRESSES: Submit electronic II. Purpose of Request for Comments from FDA, the statute does not include comments on this document to http:// specific deadlines for how soon the Because safety labeling changes may www.regulations.gov. Submit written revised labeling must be incorporated be related to serious risks, this comments to the Division of Dockets into the packaging of the product that is information must be promptly Management (HFA–305), Food and Drug offered for sale, or into other labeling communicated to prescribers and Administration, 5630 Fishers Lane, Rm. (section 505(o)(4) of the FD&C Act). patients. Thus, it is important for FDA 1061, Rockville, MD 20852. All In an effort to make revised safety to clarify its expectations regarding the comments should be identified with the labeling available as soon as possible timeframes for applicants to implement docket number found in brackets in the after the changes required under safety labeling changes to ensure that heading of this document. FDAAA are approved, FDA has the labeling is updated in a timely FOR FURTHER INFORMATION CONTACT: recommended that application holders manner. FDA anticipates that in most Kristen Miller, Center for Drug post the revised labeling on their Web cases, as in the past, it will not be Evaluation and Research, Food and sites within 10 days of approval. (See necessary for products with existing Drug Administration, 10903 New draft guidance for industry entitled labeling to be withdrawn from Hampshire Ave., Bldg. 51, Rm. 6226, ‘‘Safety Labeling Changes— distribution and that under certain Silver Spring, MD 20993–0002, (301) Implementation of Section 505(o)(4) of circumstances it may be appropriate for 796–0762, Fax: (301) 847–8440. the Federal Food, Drug, and Cosmetic products with existing labeling to SUPPLEMENTARY INFORMATION: Act’’ (76 FR 20686, April 13, 2011)). In remain in distribution until the current letters approving supplements with product inventory is exhausted. I. Background safety labeling changes, FDA has also FDA is interested in hearing from On September 27, 2007, the Food and application holders, manufacturers, Drug Administration Amendments Act 1 For purposes of this notice, drug product means distributors, and other stakeholders of 2007 (FDAAA) was enacted. Title IX, a human drug product including a biological drug about their experience with and views product. Labeling includes the carton or other Subtitle A, section 901 of FDAAA added container or packaging labels, the prescribing on the practical implementation of to the FD&C Act new section 505(o) (21 information, patient package inserts, and revised product labeling, including their U.S.C. 355(o)), which authorizes FDA to Medication Guides. views as to how factors in the following

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three categories may affect newly shipped product) and the type of Radiology Devices’’ to the Division of implementation: (1) Drug manufacturing labeling change. Small Manufacturers, International, and and packaging, and printing labels and 8. Are there other considerations or Consumer Assistance, Center for other labeling; (2) supply chain issues; options related to implementing safety Devices and Radiological Health, Food and, (3) other issues. FDA may use the labeling changes of which FDA should and Drug Administration, 10903 New information received to develop draft be aware? Hampshire Ave., Bldg. 66, rm. 4613, guidance for industry regarding Silver Spring, MD 20993–0002. Send IV. Comments timeframes for revising product labeling one self-addressed adhesive label to following the approval of safety labeling Interested persons may submit either assist that office in processing your changes, and may apply these electronic or written comments request, or fax your request to (301) timeframes to particular safety labeling regarding this document to the Division 847–8149. See the SUPPLEMENTARY changes. of Dockets Management (see INFORMATION section for information on ADDRESSES). It is only necessary to send electronic access to the guidance. III. Questions Posed by FDA one set of comments. It is no longer Submit electronic comments on the With this notice, FDA is soliciting necessary to send two copies of mailed guidance to http://www.regulations.gov. comments from application holders, comments. Identify comments with the Submit written comments to the manufacturers, distributors, and other docket number found in brackets in the Division of Dockets Management (HFA– stakeholders on the following questions: heading of this document. Received 305), Food and Drug Administration, comments may be seen at the Division 5630 Fishers Lane, rm. 1061, Rockville, A. Considerations Related to Drug of Dockets Management between 9 a.m. MD 20852. Identify comments with the Manufacturing and Packaging, and to and 4 p.m., Monday through Friday, as docket number found in brackets in the Printing Labeling well as at http://www.regulations.gov. heading of this document. 1. What are the considerations related Dated: December 14, 2011. FOR FURTHER INFORMATION CONTACT: to drug manufacturing and packaging, of Leslie Kux, Scott McFarland, Center for Devices and which FDA should be aware, as they Acting Assistant Commissioner for Policy. Radiological Health, Food and Drug relate to implementation of revised [FR Doc. 2011–32438 Filed 12–19–11; 8:45 am] Administration, 10903 New Hampshire product labeling? BILLING CODE 4160–01–P Ave., Bldg. 66, rm. 5543, Silver Spring, 2. What are the considerations related MD 20993–0002, (301) 796–6217. to printing labels and other types of SUPPLEMENTARY INFORMATION: labeling of which FDA should be aware, DEPARTMENT OF HEALTH AND I. Background as they relate to implementation of HUMAN SERVICES different types of revised product FDA has identified certain Class I and labeling? Food and Drug Administration Class II in vitro diagnostic and radiology B. Supply Chain Issues [Docket No. FDA–2011–D–0476] devices that have established safety and effectiveness profiles and for which it 3. What are the supply chain factors Guidance for Industry and Food and believes 510(k) review is not necessary (including storage, shipping, and Drug Administration Staff; to assure safety and effectiveness. While distribution factors) of which FDA Enforcement Policy for Premarket FDA intends to exempt these devices should be aware that limit or otherwise Notification Requirements for Certain from the 510(k) requirement through affect how quickly a labeling change can In Vitro Diagnostic and Radiology rulemaking that would reclassify the be implemented? Devices; Availability Class II devices and amend the C. Other Considerations classification regulations of the Class I AGENCY: Food and Drug Administration, devices, FDA no longer believes it is 4. What alternative labeling HHS. necessary to review premarket mechanisms (e.g., having labeling ACTION: Notice. notification (510(k)) submissions for available on a product Web site) could these devices before they enter the be used to disseminate new safety SUMMARY: The Food and Drug market. FDA is issuing a guidance information quickly to patients and Administration (FDA) is announcing the concerning a policy of exercising health care providers? availability of the guidance entitled enforcement discretion with regard to 5. How should the relative ‘‘Enforcement Policy for Premarket the 510(k) requirement for such devices. seriousness of the new safety Notification Requirements for Certain In The guidance lists the devices for which information, or whether the new safety Vitro Diagnostic and Radiology FDA intends to exercise enforcement information describes a newly identified Devices.’’ This document describes discretion with regard to premarket risk, or strengthens a risk already FDA’s intent with regard to enforcement notification requirements, subject to the identified in current labeling, affect of premarket notification (510(k)) limitations to the exemption criteria timelines for implementing revised requirements for certain in vitro found in 21 CFR 862.9, 21 CFR 864.9, product labeling? diagnostic and radiology devices under 21 CFR 866.9, and 21 CFR 892.9. FDA 6. What are the implementation the regulations. intends to continue to enforce all other considerations when the safety labeling DATES: Submit either electronic or applicable requirements under the change is to prescriber versus patient written comments on this guidance at FD&C Act, including, but not limited to: labeling (or both)? any time. General comments on Agency Registration and listing (part 807 (21 7. What would be a reasonable guidance documents are welcome at any CFR part 807)); labeling (part 801 (21 timeframe following approval of revised time. CFR part 801) and § 809.10 (21 CFR safety related labeling changes for ADDRESSES: Submit written requests for 809.10)); good manufacturing practice applicants to implement the revised single copies of the guidance document requirements as set forth in the Quality labeling? Please relate this timeframe to entitled ‘‘Enforcement Policy for System regulation (part 820 (21 CFR the optimal point in the supply chain Premarket Notification Requirements for part 820)); and Medical Device (e.g., newly manufactured product, Certain In Vitro Diagnostic and Reporting requirements (part 803 (21

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CFR part 803)). The draft guidance V. Comments Location: FDA White Oak Campus, published in the Federal Register on Interested persons may submit to the 10903 New Hampshire Ave., Bldg. 31 July 12, 2011 (76 FR 40921), and the Division of Dockets Management (see Conference Center, the Great Room (Rm. comment period closed on October 11, ADDRESSES), either electronic or written 1503), Silver Spring, MD 20993–0002. 2011. There were 5 comments received. comments regarding this document. It is For participants who cannot attend the II. Significance of Guidance only necessary to send one set of live meeting, a live interactive Web cast will be made available. Participants may This guidance is being issued comments. It is no longer necessary to send two copies of mailed comments. access this live Web cast by visiting the consistent with FDA’s good guidance following site: http://www.fda.gov/For practices regulation (21 CFR 10.115). Identify comments with the docket number found in brackets in the Industry/DevelopingProductsforRare The guidance represents the Agency’s DiseasesConditions/OOPDNews current thinking on ‘‘Enforcement heading of this document. Received comments may be seen in the Division Archive/ucm277194.htm. Policy for Premarket Notification Contact: Soumya Patel, Food and Requirements for Certain In Vitro of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Drug Administration, 10903 New Diagnostic and Radiology Devices.’’ It Hampshire Ave., Bldg. 32, Rm.5279, does not create or confer any rights for Dated: December 14, 2011. Silver Spring, MD 20993–0002, (301) or on any person and does not operate Leslie Kux, 796–8660, FAX: (301) 847–8621, email: to bind FDA or the public. An Acting Assistant Commissioner for Policy. [email protected]. alternative approach may be used if [FR Doc. 2011–32437 Filed 12–19–11; 8:45 am] Registration: Interested participants such approach satisfies the BILLING CODE 4160–01–P may register for this meeting at the requirements of the applicable statute following Web site: https://www.team- and regulations. share.net/FDA_Rare_Disease_Patient_ III. Electronic Access DEPARTMENT OF HEALTH AND Advocacy_Day_Registration. HUMAN SERVICES Persons interested in obtaining a copy If you need sign language interpretation during this meeting, of the guidance may do so by using the Food and Drug Administration Internet. A search capability for all please contact Megan McNamee at CDRH guidance documents is available [email protected] by February 15, [Docket No. FDA–2011–N–0885] at http://www.fda.gov/MedicalDevices/ 2012. The FDA Rare Disease Patient DeviceRegulationandGuidance/ Food and Drug Administration Rare GuidanceDocuments/default.htm. Advocacy Day is supported by FDA, the Disease Patient Advocacy Day; Notice National Institutes of Health (NIH), the Guidance documents are also available of Meeting at http://www.regulations.gov. To National Organization for Rare receive ‘‘Enforcement Policy for AGENCY: Food and Drug Administration, Disorders, and the Genetic Alliance. Premarket Notification Requirements for HHS. FDA encourages all attendees to also plan on attending the NIH Rare Disease Certain In Vitro Diagnostic and ACTION: Notice. Radiology Devices,’’ you may either Day day-long celebration on February send an email request to The Food and Drug Administration’s 29, 2011. Please refer to the following [email protected] to receive an (FDA) Office of Orphan Products Web site for more information regarding electronic copy of the document or send Development is announcing the the NIH Rare Disease Day event: a fax request to (301) 847–8149 to following meeting: FDA Rare Disease http://rarediseases.info.nih.gov/Rare receive a hard copy. Please use the Patient Advocacy Day. This meeting is DiseaseDay.aspx. (FDA has verified the document number 1752 to identify the intended to enhance the awareness of Web site addresses throughout this guidance you are requesting. the rare disease community as to FDA’s document, but we are not responsible roles and responsibilities in the for any subsequent changes to the Web IV. Paperwork Reduction Act of 1995 development of products (drugs, sites after this document publishes in This guidance refers to previously biological products, and devices) the Federal Register.) approved collections of information intended for the diagnosis, prevention, Dated: December 14, 2011. found in FDA regulations and guidance and/or treatment of rare diseases or Leslie Kux, documents. These collections of conditions. The goal of this meeting is Acting Assistant Commissioner for Policy. information are subject to review by the to engage and educate the rare disease [FR Doc. 2011–32436 Filed 12–19–11; 8:45 am] Office of Management and Budget community on the FDA regulatory BILLING CODE 4160–01–P (OMB) under the Paperwork Reduction processes. Act of 1995 (44 U.S.C. 3501–3520). The This educational meeting will consist collections of information in part 807, of a live and interactive simultaneous DEPARTMENT OF HEALTH AND subpart E have been approved under Web cast of presentations provided by HUMAN SERVICES OMB control number 0910–0120; the FDA experts from various Centers and collections of information in part 807, Offices, as well as from outside experts. Food and Drug Administration subparts B and C have been approved The interactive meeting will include under OMB control number 0910–0387; two general panel discussion sessions, [Docket No. FDA–2011–N–0002] the collections of information in part as well as afternoon breakout sessions Advisory Committees; Tentative 820 have been approved under OMB for more indepth information on the Schedule of Meetings for 2012 control number 0910–0073; the roles of FDA. In addition, onsite collections of information in part 801 attendees will have an opportunity AGENCY: Food and Drug Administration, and § 809.10 have been approved under during lunch to engage with FDA and HHS. OMB control number 0910–0485; and outside experts in a small group setting. ACTION: Notice. the collections of information in part Date and Time: The meeting will be 803 have been approved under OMB held on March 1, 2012, from 8:30 a.m. SUMMARY: The Food and Drug control number 0910–0437. to 5 p.m. Administration (FDA) is announcing a

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tentative schedule of forthcoming Silver Spring, MD 20993, (301) 796– opportunity, in advance, to schedule meetings of its public advisory 8220. attendance at FDA’s upcoming advisory committees for 2012. During 1991, at the committee meetings. Because the request of the Commissioner of Food SUPPLEMENTARY INFORMATION: The IOM, schedule is tentative, amendments to and Drugs (the Commissioner), the at the request of the Commissioner, this notice will not be published in the Institute of Medicine (the IOM) undertook a study of the use of FDA’s Federal Register. However, changes to conducted a study of the use of FDA’s advisory committees. In its final report the schedule will be posted on the FDA advisory committees. In its final report, in 1992, one of the IOM’s advisory committees’ Internet site one of the IOM’s recommendations was recommendations was for FDA to adopt located at http://www.fda.gov/ for the Agency to publish an annual a policy of publishing an advance yearly AdvisoryCommittees/default.htm. FDA tentative schedule of its meetings in the schedule of its upcoming public will continue to publish a Federal Federal Register. This publication advisory committee meetings in the Register notice 15 days in advance of implements the IOM’s recommendation. Federal Register; FDA has implemented each upcoming advisory committee FOR FURTHER INFORMATION CONTACT: this recommendation. The annual meeting, to announce the meeting (21 Teresa L. Hays, Advisory Committee publication of tentatively scheduled CFR 14.20). Oversight and Management Staff, Food advisory committee meetings will The following list announces FDA’s and Drug Administration, 10903 New provide both advisory committee tentatively scheduled advisory Hampshire Ave., Bldg. 32, Rm. 5290, members and the public with the committee meetings for 2012.

TABLE 1

Committee name Tentative date(s) of meeting(s)

OFFICE OF THE COMMISSIONER

Pediatric Advisory Committee ...... January 30–31, May & December date(s), if needed, to be determined. Risk Communication Advisory Committee ...... February 13–14, April 30, May 1, August 16–17, November 1–2. Science Board to FDA ...... January 6, May 2, October 3.

CENTER FOR BIOLOGICS EVALUATION AND RESEARCH

Allergenic Products Advisory Committee ...... April 18, October 18. Blood Products Advisory Committee ...... February 28–29, May 15–16, July 31–August 1, December 4–5. Cellular, Tissue and Gene Therapies Advisory Committee ...... February 9–10, June 27–28, November 29–30. Transmissible Spongiform Encephalopathies Advisory Committee ...... Date(s), if needed, to be determined. Vaccines and Related Biological Products Advisory Committee ...... February 28–29, May 16–17, September 19–20, November 14–15.

CENTER FOR DRUG EVALUATION AND RESEARCH

Anesthetic and Analgesic Drugs Advisory Committee (formerly the An- February 9. esthetic and Life Support Drugs Advisory Committee). Anti-Infective Drugs Advisory Committee ...... Date(s), if needed, to be determined. Antiviral Drugs Advisory Committee ...... May 16–17. Arthritis Advisory Committee ...... March 12. Cardiovascular and Renal Drugs Advisory Committee ...... February 23. Dermatologic and Ophthalmic Drugs Advisory Committee ...... February 27. Drug Safety and Risk Management Advisory Committee ...... Date(s), if needed, to be determined. Endocrinologic and Metabolic Drugs Advisory Committee ...... February 22, March 28–29. Gastrointestinal Drugs Advisory Committee ...... March 13–14. Medical Imaging Drugs Advisory Committee ...... Date(s), if needed, to be determined. Nonprescription Drugs Advisory Committee ...... Date(s), if needed, to be determined. Oncologic Drugs Advisory Committee ...... February 8–9, March 20–21, June 20–21, July 24–25, September 12– 13, November 6–7, December 4–5. Peripheral and Central Nervous System Drugs Advisory Committee ..... Date(s), if needed, to be determined. Advisory Committee for Pharmaceutical Science and Clinical Pharma- March 14. cology. Psychopharmacologic Drugs Advisory Committee ...... Date(s), if needed, to be determined. Pulmonary-Allergy Drugs Advisory Committee ...... February 23–24. Advisory Committee for Reproductive Health Drugs ...... January 20, April 5.

CENTER FOR DEVICES AND RADIOLOGICAL HEALTH

Medical Devices Advisory Committee (Comprised of 18 Panels)

Device Good Manufacturing Practices Advisory Committee ...... Date(s), if needed, to be determined. Anesthesiology and Respiratory Therapy Devices Panel ...... June 8, November 16. Circulatory System Devices Panel ...... Date(s), if needed, to be determined. Clinical Chemistry and Clinical Toxicology Devices Panel ...... April 20, July 18–19, September 20–21. Dental Products Panel ...... Date(s), if needed, to be determined. Ear, Nose, and Throat Devices Panel ...... Date(s), if needed, to be determined. Gastroenterology-Urology Devices Panel ...... July 13. General and Plastic Surgery Devices Panel ...... July 17. General Hospital and Personal Use Devices Panel ...... August 16–17. Hematology and Pathology Devices Panel ...... June 28. Immunology Devices Panel ...... Date(s), if needed, to be determined.

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TABLE 1—Continued

Committee name Tentative date(s) of meeting(s)

Medical Devices Dispute Resolution Panel ...... Date(s), if needed, to be determined. Microbiology Devices Panel ...... Date(s), if needed, to be determined. Molecular and Clinical Genetics Panel ...... June 27. Neurological Devices Panel ...... Date(s), if needed, to be determined. Obstetrics and Gynecology Devices Panel ...... July 5–6. Ophthalmic Devices Panel ...... November 8–9. Orthopedic and Rehabilitation Devices Panel ...... September 13–14, November 16, December 6–7. Radiological Devices Panel ...... November 2. National Mammography Quality Assurance Advisory Committee ...... October 18. Technical Electronic Product Radiation Safety Standards Committee .... June 14.

CENTER FOR FOOD SAFETY AND APPLIED NUTRITION

Food Advisory Committee ...... December 13–14.

CENTER FOR TOBACCO PRODUCTS

Tobacco Products Scientific Advisory Committee ...... January 18–20, March 1–2.

CENTER FOR VETERINARY MEDICINE

Veterinary Medicine Advisory Committee ...... Date(s), if needed, to be determined.

NATIONAL CENTER FOR TOXICOLOGICAL RESEARCH (NCTR)

Science Advisory Board to NCTR ...... October 23–24.

Dated: December 14, 2011. and informed consent documents; COST OF REGISTRATION Jill Hartzler Warner, regulations relating to drugs, devices, Acting Associate Commissioner for Special and biologics; as well as inspections of SoCRA nonmember (includes Medical Programs. clinical investigators, of IRB, and membership) ...... 650.00 [FR Doc. 2011–32469 Filed 12–19–11; 8:45 am] research sponsors. Federal Government SoCRA mem- BILLING CODE 4160–01–P Date and Time: The public workshop ber ...... 450.00 will be held on March 7 and 8, 2012, Federal Government SoCRA non- from 8 a.m. to 5 p.m. member ...... 525.00 FDA Employee ...... [*] DEPARTMENT OF HEALTH AND Location: The public workshop will HUMAN SERVICES be held at the Hyatt Regency Newport * Fee Waived. Beach, 1107 Jamboree Rd., Newport Food and Drug Administration Beach, CA 92660, 1 (949) 729–1234. If you need special accommodations [Docket No. FDA–2011–N–0002] Attendees are responsible for their due to a disability, please contact own accommodations. Please mention SoCRA or Linda Hartley (see Contact) at Food and Drug Administration Clinical SoCRA to receive the hotel room rate of least 21 days in advance. Trial Requirements, Regulations, $145.00 plus applicable taxes (available Extended periods of question and Compliance, and Good Clinical until February 14, 2012, or until the answer and discussion have been Practice; Public Workshop SoCRA room block is filled). included in the program schedule. AGENCY: Food and Drug Administration, Contact: Linda Hartley, Office of SoCRA designates this education HHS. Regulatory Affairs, Food and Drug activity for a maximum of 13.3 Administration, 19701 Fairchild, Irvine, Continuing Education (CE) Credits for ACTION: Notice of public workshop. CA 92612, (949) 608–4413, FAX: (949) SoCRA CE and continuing nurse The Food and Drug Administration 608–4417; or Society of Clinical education (CNE). SOCRA designates this (FDA), Los Angeles District Office, in Research Associates (SoCRA), 530 West educational activity for a maximum of cosponsorship with the Society of Butler Ave., Suite 109, Chalfont, PA 13.3 American Medical Association Clinical Research Associates (SoCRA), is 18914, 1 (800) 762–7292 or (215) 822– Physician’s Recognition Award announcing a public workshop. The 8644; FAX: (215) 822–8633, email Category 1 Credit(s)TM. Physicians public workshop on FDA’s clinical trial [email protected], Web site: should claim only the credit requirements is designed to aid the www.socra.org. commensurate with the extent of their clinical research professional’s Registration: The registration fee will participation. SoCRA is accredited by understanding of the mission, cover actual expenses including the Accreditation Council for responsibilities, and authority of the refreshments, lunch, materials, and Continuing Medical Education to FDA and to facilitate interaction with speaker expenses. Seats are limited; provide continuing medical education FDA representatives. The program will please submit your registration as soon for physicians. SoCRA is an approved focus on the relationships among FDA as possible. Workshop space will be provider of CNE by the Pennsylvania and clinical trial staff, investigators, and filled in order of receipt of registration. State Nurses Association (PSNA), an institutional review boards (IRB). Those accepted into the public accredited approver by the American Individual FDA representatives will workshop will receive confirmation. Nurses Credentialing Center’s discuss the informed consent process The cost of the registration is as follows: Commission on Accreditation (ANCC).

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ANCC/PSNA Provider Reference 1996 (Public Law 104–121) as outreach 93.337, 93.393–93.396, 93.837–93.844, Number: 205–3–A–09. activities by Government Agencies to 93.846–93.878, 93.892, 93.893, National Registration Instructions: To register, small businesses. Institutes of Health, HHS) please submit a registration form with Dated: December 14, 2011. Dated: December 13, 2011. your name, affiliation, mailing address, Leslie Kux, Jennifer S. Spaeth, telephone, fax number, and email, along Acting Assistant Commissioner for Policy. Director, Office of Federal Advisory with a check or money order payable to Committee Policy. [FR Doc. 2011–32435 Filed 12–19–11; 8:45 am] ‘‘SoCRA’’. Mail to: SoCRA (see Contact [FR Doc. 2011–32520 Filed 12–19–11; 8:45 am] BILLING CODE 4160–01–P for address). To register via the Internet, BILLING CODE 4140–01–P go to http://www.socra.org/html/ _ FDA Conference.htm. (FDA has verified DEPARTMENT OF HEALTH AND the Web site addresses throughout this HUMAN SERVICES DEPARTMENT OF HOMELAND document, but we are not responsible SECURITY for any subsequent changes to the Web National Institutes of Health sites after this document publishes in Office of the Secretary the Federal Register.) Center for Scientific Review Notice of Payment by major credit card is Closed Meetings Published Privacy Impact accepted (Visa/MasterCard/AMEX Assessments on the Web only). For more information on the Pursuant to section 10(d) of the AGENCY: meeting registration, or for questions on Federal Advisory Committee Act, as Privacy Office, DHS. the public workshop, contact SoCRA amended (5 U.S.C. App.), notice is ACTION: Notice of Publication of Privacy (see Contact). hereby given of the following meetings. Impact Assessments (PIA). The meetings will be closed to the SUPPLEMENTARY INFORMATION: The public in accordance with the SUMMARY: The Privacy Office of DHS is public workshop helps fulfill the provisions set forth in sections making available seven PIAs on various Department of Health and Human 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., programs and systems in DHS. These Services’ and FDA’s important mission as amended. The grant applications and assessments were approved and to protect the public health. The public the discussions could disclose published on the Privacy Office’s web workshop will provide those engaged in confidential trade secrets or commercial site between September 1, 2011 and FDA-regulated (human) clinical trials property such as patentable material, November 30, 2011. with information on a number of topics and personal information concerning DATES: The PIAs will be available on the concerning FDA requirements related to individuals associated with the grant DHS Web site until February 21, 2012, informed consent, clinical investigation applications, the disclosure of which after which they may be obtained by requirements, IRB inspections, would constitute a clearly unwarranted contacting the DHS Privacy Office electronic record requirements, and invasion of personal privacy. (contact information below). investigator initiated research. Topics for discussion include the following: (1) Name of Committee: Center for Scientific FOR FURTHER INFORMATION CONTACT: Review Special Emphasis Panel RFA Panel: Mary Ellen Callahan, Chief Privacy What FDA Expects in a Pharmaceutical Challenge on the Transition from Acute to Clinical Trial; (2) Adverse Event Officer, Department of Homeland Chronic Neuropathic Pain Security, Washington, DC 20528, or Reporting—Science, Regulation, Error, Date: January 9–10, 2012. and Safety; (3) Part 11 Compliance— Time: 8 a.m. to 5 p.m. email: [email protected]. Electronic Signatures; (4) Informed Agenda: To review and evaluate grant SUPPLEMENTARY INFORMATION: Between Consent Regulations; (5) IRB applications. September 1, 2011 and November 30, Regulations and FDA Inspections; (6) Place: National Institutes of Health, 6701 2011, the Chief Privacy Officer of the Keeping Informed and Working Rockledge Drive, Bethesda, MD 20892 DHS approved and published seven (Virtual Meeting). Privacy Impact Assessments (PIAs) on Together; (7) FDA Conduct of Clinical Contact Person: John Bishop, Ph.D., Investigator Inspections; (8) Meetings Scientific Review Officer Center for Scientific the DHS Privacy Office web site, With FDA: Why, When, and How; (9) Review, National Institutes of Health, 6701 www.dhs.gov/privacy, under the link for Investigator Initiated Research; (10) Rockledge Drive, Room 5182, MSC 7844, ‘‘Privacy Impact Assessments.’’ These Medical Device Aspects of Clinical Bethesda, MD 20892, (301) 408–9664, PIAs cover seven separate DHS Research; (11) Working With FDA’s [email protected]. programs. Below is a short summary of Center for Biologics Evaluation and Name of Committee: Center for Scientific those programs, indicating the DHS Research; and (12) The Inspection Is Review Special Emphasis Panel Member component responsible for the system, Over—What Happens Next? Possible Conflict: Topics in Infectious Diseases and and the date on which the PIA was FDA Compliance Actions. Microbiology approved. Additional information can Date: January 12, 2012. be found on the web site or by FDA has made education of the drug Time: 1 p.m. to 3 p.m. and device manufacturing community a Agenda: To review and evaluate grant contacting the Privacy Office. high priority to help ensure the quality applications. System: DHS/FEMA/PIA–018 of FDA-regulated drugs and devices. Place: National Institutes of Health, 6701 Suspicious Activity Reporting (SAR). The public workshop helps to achieve Rockledge Drive, Bethesda, MD 20892 Component: Federal Emergency objectives set forth in section 406 of the (Telephone Conference Call). Management Agency (FEMA). FDA Modernization Act of 1997 (21 Contact Person: Liangbiao Zheng, Ph.D., Date of approval: September 9, 2011. U.S.C. 393), which includes working Scientific Review Officer, Center for FEMA, a component of DHS, manages Scientific Review, National Institutes of closely with stakeholders and Health, 6701 Rockledge Drive, Room 3202, a process for SAR. This process, maximizing the availability and clarity MSC 7808, Bethesda, MD 20892, (301) 996– assigned to FEMA’s Office of the Chief of information to stakeholders and the 5819, [email protected]. Security Officer, is designed to collect, public. The public workshop also is (Catalogue of Federal Domestic Assistance investigate, analyze, and report consistent with the Small Business Program Nos. 93.306, Comparative Medicine; suspicious activities to the Federal Regulatory Enforcement Fairness Act of 93.333, Clinical Research, 93.306, 93.333, Bureau of Investigation’s (FBI) Joint

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Terrorism Task Force, Federal that assists ICE law enforcement agents security-relevant network operations Protective Service, and/or other federal, and analysts in identifying suspect data and (b) technology developers and state, or local law enforcement identities and discovering possible non- evaluators who can use this data to authorities required to investigate and obvious relationships among accelerate the design, production, and respond to terrorist threats or hazards to individuals and organizations that are evaluation of next-generation cyber homeland security. FEMA is conducted indicative of violations of the customs security solutions, including this PIA because this SAR process and immigration laws as well as commercial products. collects, maintains, and uses PII. possible terrorist threats and plots. The System: DHS/ALL/PIA–013(a) PRISM System: DHS/NPPD/US–VISIT/PIA– PIA for ICEPIC was published in System Update. 007(a) Biometric Interoperability January 2008. This PIA Update was Component: DHS. Between the U.S. Department of completed to provide transparency Date of approval: November 10, 2011. Homeland Security and the U.S. related to the Law Enforcement DHS Management Directorate, Office Department of Justice. Information Sharing Service that of the Chief Procurement Officer is the Component: National Protection and enables law enforcement agencies owner of the PRISM contract writing Programs Directorate (NPPD) and outside DHS to query certain management system. PRISM provides United States Visitor and Immigrant information available through ICEPIC. comprehensive, Federal Acquisition Status Indicator Technology (US– Additionally, through LEIS DHS law Regulation-based acquisition support for VISIT). enforcement personnel are able to query all DHS headquarters entities. The Date of approval: September 16, 2011. external law enforcement agencies’ purpose of this PIA update is to reflect In 2006, the US–VISIT Program of sensitive but unclassified law changes to the collection of information, DHS and the Criminal Justice enforcement information. and the addition of a classified PRISM Information Services Division of the System: DHS/ICE/PIA–015(c) system. FBI, Department of Justice (DOJ), Enforcement Integrated Database Dated: December 12, 2011. developed an interoperability project to Update. Mary Ellen Callahan, support the sharing of information Component: ICE. among DHS, DOJ, and their respective Chief Privacy Officer, Department of Date of approval: November 7, 2011. Homeland Security. stakeholders. This PIA update was The Enforcement Integrated Database conducted to reflect the expansion of (EID) is a DHS shared common database [FR Doc. 2011–32483 Filed 12–19–11; 8:45 am] DHS–DOJ interoperability to include repository for several DHS law BILLING CODE 9110–9L–P new users and uses not covered. In enforcement and homeland security addition, this PIA allows users to access applications. EID captures and more data in IDENT. maintains information related to the DEPARTMENT OF HOMELAND SECURITY System: DHS/ICE/PIA–031 Alien investigation, arrest, booking, detention, and removal of persons encountered Medical Tracking Systems. Federal Emergency Management during immigration and criminal law Component: Immigration and Agency Customs Enforcement (ICE). enforcement investigations and Date of approval: September 26, 2011. operations conducted by ICE, U.S. [Docket ID: FEMA–2011–0040; OMB No. ICE provides medical care to and Customs and Border Protection, and 1660–0045] maintains medical records about aliens U.S. Citizenship and Immigration that ICE detains for violations of U.S. Services, all components within DHS. Agency Information Collection immigration law. The ICE Health The PIA for EID was published in Activities: Proposed Collection; Service Corps, a division of ICE’s Office January 2010. In July 2010, a PIA Comment Request; Inspection of of Enforcement and Removal Update for EID was published to Insured Structures by Communities Operations, has several information address an expansion of the information AGENCY: Federal Emergency technology systems that are used to entered into EID and the scope of Management Agency, DHS. external information sharing. This EID track information from medical records ACTION: Notice. for aliens in ICE custody for various PIA Update addresses planned changes monitoring and reporting purposes. to the types of information shared and SUMMARY: The Federal Emergency These are the Social Services Database, an added method of sharing. Management Agency, as part of its Hospitalization Database, Significant System: DHS/S&T/PIA–006 Protected continuing effort to reduce paperwork Detainee Illness Spreadsheet, Mental Repository for the Defense of and respondent burden, invites the Health Coordination Database, Infrastructure Against Cyber Threats general public and other Federal Epidemiology Database, and (PREDICT). agencies to take this opportunity to Performance Improvement Database. Component: Science and Technology. comment on a proposed extension, This PIA describes the data maintained Date of approval: November 8, 2011. without change, of a currently approved in these medical tracking systems, the The S&T Directorate’s PREDICT collection. In accordance with the purposes for which this information is system has undergone a PIA 3–Year Paperwork Reduction Act of 1995, this collected and used, and the safeguards Review. The PIA requires no changes notice seeks comments concerning ICE has implemented to mitigate and continues to accurately relate to its extension of the Inspection of Insured privacy and security risks to PII stored stated mission. PREDICT is a repository Structures by Communities. The in these systems. of test datasets of Internet traffic data community inspection report requires System: DHS/ICE/PIA–004(a) ICE that is made available to approved that FEMA consult with local officials Pattern Analysis and Information researchers and managed by an outside and others in Monroe County, Village of Collection (ICEPIC) Update. contractor serving as the PREDICT Islamorada, and the City of Marathon Component: ICE. Coordination Center. The goal of following any hurricane that may hit the Date of approval: October 26, 2011. PREDICT is to create a national research Florida Keys, concerning compliance of ICE has established a system called and development resource to bridge the insured buildings with the community’s the ICEPIC system. ICEPIC is a toolset gap between (a) the producers of floodplain management ordinance.

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DATES: Comments must be submitted on flood insurance premiums DEPARTMENT OF HOMELAND or before February 21, 2012. commensurate with their flood risk. The SECURITY ADDRESSES: To avoid duplicate inspection procedure requires owners of submissions to the docket, please use insured buildings (policyholders) to Federal Emergency Management only one of the following means to obtain an inspection from community Agency submit comments: floodplain management officials and [Internal Agency Docket No. FEMA–4049– (1) Online. Submit comments at submit a community inspection report DR; Docket ID FEMA–2011–0001] www.regulations.gov under Docket ID as a condition of renewing the Standard FEMA–2011–0040. Follow the Flood Insurance Policy (SFIP) on New Hampshire; Major Disaster and instructions for submitting comments. buildings. Related Determinations (2) Mail. Submit written comments to Collection of Information AGENCY: Federal Emergency Regulatory Affairs Division, Office of Management Agency, DHS. Chief Counsel, DHS/FEMA, 500 C Title: Inspection of Insured Structures Street, SW., Room 835, Washington, DC by Communities. ACTION: Notice. 20472–3100. Type of Information Collection: Extension, without change, of a SUMMARY: This is a notice of the (3) Facsimile. Submit comments to Presidential declaration of a major (703) 483–2999. currently approved collection. OMB Number: 1660–0045. disaster for the State of New Hampshire (4) Email. Submit comments to (FEMA–4049–DR), dated December 5, FEMA–[email protected]. Include Form Titles and Numbers: No Forms. Abstract: The community inspection 2011, and related determinations. Docket ID FEMA–2011–0040 in the report is used for the implementation of DATES: Effective Date: December 5, 2011. subject line. All submissions received must the inspection procedures to help FOR FURTHER INFORMATION CONTACT: include the agency name and Docket ID. communities in Monroe County, the Peggy Miller, Office of Response and Regardless of the method used for City of Marathon, and the Village of Recovery, Federal Emergency submitting comments or materials, all Islamorada, Florida, verify buildings are Management Agency, 500 C Street SW., submissions will be posted, without compliant with their floodplain Washington, DC 20472, (202) 646–3886. management ordinance and to help change, to the Federal eRulemaking SUPPLEMENTARY INFORMATION: Notice is FEMA ensure that policyholders are Portal at http://www.regulations.gov, hereby given that, in a letter dated paying flood insurance premiums that and will include any personal December 5, 2011, the President issued are commensurate with their flood risk. a major disaster declaration under the information you provide. Therefore, all Affected Public: State, Local and information submitted will be available authority of the Robert T. Stafford Tribal governments. Disaster Relief and Emergency to the public. You may wish to read the Estimated Total Annual Burden Privacy Act notice that is available via Assistance Act, 42 U.S.C. 5121 et seq. Hours: 1,041 hours. (the ‘‘Stafford Act’’), as follows: the link in the footer of Estimated Cost: The estimated www.regulations.gov. annualized cost burden to respondents I have determined that the damage in certain areas of the State of New Hampshire FOR FURTHER INFORMATION CONTACT: or recordkeepers is $168,266. resulting from a severe storm and snowstorm Jennifer Tylander, Program Specialist, Comments during the period of October 29–30, 2011, is Mitigation Division, (202) 646–2607 for of sufficient severity and magnitude to additional information. You may Comments may be submitted as warrant a major disaster declaration under contact the Records Management indicated in the ADDRESSES caption the Robert T. Stafford Disaster Relief and Division for copies of the proposed above. Comments are solicited to (a) Emergency Assistance Act, 42 U.S.C. 5121 et collection of information at facsimile evaluate whether the proposed data seq. (the ‘‘Stafford Act’’). Therefore, I declare number (202) 646–3347 or email collection is necessary for the proper that such a major disaster exists in the State performance of the agency, including of New Hampshire. address: FEMA–Information-Collections- In order to provide Federal assistance, you [email protected]. whether the information shall have practical utility; (b) evaluate the are hereby authorized to allocate from funds SUPPLEMENTARY INFORMATION: Title 44 available for these purposes such amounts as CFR parts 59 and 61, National Flood accuracy of the agency’s estimate of the you find necessary for Federal disaster Insurance Program (NFIP); Inspection of burden of the proposed collection of assistance and administrative expenses. Insured Structures by Communities information, including the validity of You are authorized to provide Public Assistance, including direct Federal implements the inspection procedures the methodology and assumptions used; (c) enhance the quality, utility, and assistance, in the designated areas and in Monroe County, the City of Hazard Mitigation throughout the State. You Marathon, and the Village of clarity of the information to be collected; and (d) minimize the burden are further authorized to provide emergency Islamorada, Florida, and any other protective measures, including snow community that incorporates in Monroe of the collection of information on those assistance, under the Public Assistance County on or after January 1, 1999. The who are to respond, including through program in the designated area for any inspection procedure has two major the use of appropriate automated, continuous 48-hour period during or purposes: (1) To help the communities electronic, mechanical, or other proximate to the incident period. You may technological collection techniques or extend the period of assistance, as warranted. of Monroe County, the City of Marathon, This assistance excludes regular time costs and the Village of Islamorada, Florida, other forms of information technology, e.g., permitting electronic submission of for the sub-grantees’ regular employees. and any other community in Monroe Consistent with the requirement that responses. County that incorporates after January 1, Federal assistance is supplemental, any 1999, verify that structures in their John G. Jenkins, Jr., Federal funds provided under the Stafford Act for Public Assistance and Hazard communities (those built after the Acting Records Management Division, Mitigation will be limited to 75 percent of the effective date of the Flood Insurance Mission Support Bureau, Federal Emergency total eligible costs. Management Agency, Department of Rate Map (FIRM), referred to as post- Further, you are authorized to make Homeland Security. FIRM) comply with the community’s changes to this declaration for the approved floodplain management ordinance; and [FR Doc. 2011–32519 Filed 12–19–11; 8:45 am] assistance to the extent allowable under the (2) to ensure that property owners pay BILLING CODE 9110–11–P Stafford Act.

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The Federal Emergency Management Management Agency, 500 C Street SW., (Presidentially Declared Disasters); 97.039, Agency (FEMA) hereby gives notice that Washington, DC 20472, (202) 646–3886. Hazard Mitigation Grant. pursuant to the authority vested in the SUPPLEMENTARY INFORMATION: Notice is W. Craig Fugate, Administrator, under Executive Order hereby given that, in a letter dated Administrator, Federal Emergency 12148, as amended, Albert Lewis, of November 30, 2011, the President Management Agency. FEMA is appointed to act as the Federal issued a major disaster declaration Coordinating Officer for this major under the authority of the Robert T. [FR Doc. 2011–32508 Filed 12–19–11; 8:45 am] disaster. Stafford Disaster Relief and Emergency BILLING CODE 9111–23–P The following areas of the State of Assistance Act, 42 U.S.C. 5121 et seq. New Hampshire have been designated (the ‘‘Stafford Act’’), as follows: as adversely affected by this major DEPARTMENT OF HOMELAND I have determined that the damage in SECURITY disaster: certain areas of the State of New Jersey Hillsborough and Rockingham Counties for resulting from a severe storm on October 29, Federal Emergency Management 2011, is of sufficient severity and magnitude Public Assistance. Direct federal assistance is Agency authorized. to warrant a major disaster declaration under All counties within the State of New the Robert T. Stafford Disaster Relief and Hampshire are eligible to apply for assistance Emergency Assistance Act, 42 U.S.C. 5121 et [Internal Agency Docket No. FEMA–4042– under the Hazard Mitigation Grant Program. seq. (the ‘‘Stafford Act’’). Therefore, I declare DR; Docket ID FEMA–2011–0001] The following Catalog of Federal Domestic that such a major disaster exists in the State Assistance Numbers (CFDA) are to be used of New Jersey. Virginia; Amendment No. 3 to Notice of for reporting and drawing funds: 97.030, In order to provide Federal assistance, you a Major Disaster Declaration Community Disaster Loans; 97.031, Cora are hereby authorized to allocate from funds available for these purposes such amounts as Brown Fund; 97.032, Crisis Counseling; AGENCY: you find necessary for Federal disaster Federal Emergency 97.033, Disaster Legal Services; 97.034, Management Agency, DHS. Disaster Unemployment Assistance (DUA); assistance and administrative expenses. 97.046, Fire Management Assistance Grant; You are authorized to provide Public ACTION: Notice. 97.048, Disaster Housing Assistance to Assistance in the designated areas and Individuals and Households in Presidentially Hazard Mitigation throughout the State. Consistent with the requirement that Federal SUMMARY: This notice amends the notice Declared Disaster Areas; 97.049, of a major disaster declaration for the Presidentially Declared Disaster Assistance— assistance is supplemental, any Federal Disaster Housing Operations for Individuals funds provided under the Stafford Act for Commonwealth of Virginia (FEMA– and Households; 97.050, Presidentially Public Assistance and Hazard Mitigation will 4042–DR), dated November 4, 2011, and Declared Disaster Assistance to Individuals be limited to 75 percent of the total eligible related determinations. and Households—Other Needs; 97.036, costs. DATES: Disaster Grants—Public Assistance Further, you are authorized to make Effective Date: December 6, 2011. changes to this declaration for the approved (Presidentially Declared Disasters); 97.039, FOR FURTHER INFORMATION CONTACT: Hazard Mitigation Grant. assistance to the extent allowable under the Stafford Act. Peggy Miller, Office of Response and Recovery, Federal Emergency W. Craig Fugate, The Federal Emergency Management Management Agency, 500 C Street SW., Administrator, Federal Emergency Agency (FEMA) hereby gives notice that Washington, DC 20472, (202) 646–3886. Management Agency. pursuant to the authority vested in the [FR Doc. 2011–32514 Filed 12–19–11; 8:45 am] Administrator, under Executive Order SUPPLEMENTARY INFORMATION: The notice BILLING CODE 9111–23–P 12148, as amended, William L. Vogel, of of a major disaster declaration for the FEMA is appointed to act as the Federal Commonwealth of Virginia is hereby Coordinating Officer for this major amended to include the following area DEPARTMENT OF HOMELAND disaster. among those areas determined to have SECURITY The following areas of the State of been adversely affected by the event New Jersey have been designated as Federal Emergency Management declared a major disaster by the adversely affected by this major disaster: Agency President in his declaration of Cape May, Essex, Hunterdon, Morris, November 4, 2011. [Internal Agency Docket No. FEMA–4048– Somerset, Sussex, Union, and Warren The City of Fredericksburg for Public DR; Docket ID FEMA–2011–0001] counties for Public Assistance. Assistance. All counties within the State of New Jersey The following Catalog of Federal Domestic New Jersey; Major Disaster and are eligible to apply for assistance under the Assistance Numbers (CFDA) are to be used Related Determinations Hazard Mitigation Grant Program. The following Catalog of Federal Domestic for reporting and drawing funds: 97.030, AGENCY: Federal Emergency Assistance Numbers (CFDA) are to be used Community Disaster Loans; 97.031, Cora Management Agency, DHS. for reporting and drawing funds: 97.030, Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, ACTION: Notice. Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; Disaster Unemployment Assistance (DUA); SUMMARY: This is a notice of the 97.033, Disaster Legal Services; 97.034, 97.046, Fire Management Assistance Grant; Presidential declaration of a major Disaster Unemployment Assistance (DUA); 97.048, Disaster Housing Assistance to 97.046, Fire Management Assistance Grant; disaster for the State of New Jersey Individuals and Households in Presidentially 97.048, Disaster Housing Assistance to Declared Disaster Areas; 97.049, (FEMA–4048–DR), dated November 30, Individuals and Households in Presidentially Presidentially Declared Disaster Assistance— 2011, and related determinations. Declared Disaster Areas; 97.049, Disaster Housing Operations for Individuals DATES: Effective Date: November 30, Presidentially Declared Disaster Assistance— and Households; 97.050, Presidentially 2011. Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals FOR FURTHER INFORMATION CONTACT: Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Peggy Miller, Office of Response and and Households—Other Needs; 97.036, Disaster Grants—Public Assistance Recovery, Federal Emergency Disaster Grants—Public Assistance (Presidentially Declared Disasters);

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97.039, Hazard Mitigation Grant. SUPPLEMENTARY INFORMATION: The modified to be consistent with the W. Craig Fugate, BOEM and CSLC are jointly reviewing provisions of the lease, the OCS Lands the proposed Carpenteria Offshore Field Act, and the implementing regulations. Administrator, Federal Emergency Redevelopment Project (the Project) A Right-of-Use-and-Easement is also Management Agency. under the National Environmental needed for this proposed project [FR Doc. 2011–32518 Filed 12–19–11; 8:45 am] Policy Act (NEPA) of 1969, as amended, pursuant to 30 CFR 550.160–166. The BILLING CODE 9111–23–P and the California Environmental revised DPP will also be submitted to Quality Act (CEQA), respectively. The the California Coastal Commission BOEM will be the NEPA lead agency. (CCC) to ensure its consistency with the DEPARTMENT OF THE INTERIOR The California State Lands Commission California Coastal Management Plan. (CSLC) will be the CEQA lead agency. No final decision on the proposed Bureau of Ocean Energy Management They will prepare a joint environmental project will be made until the end of the Carpinteria Offshore Field impact report (EIR)/environmental EIR/EIS process in order to allow for full consultation with Federal agencies, Redevelopment Project— impact statement (EIS) to identify and affected states, affected tribes and the Developmental Drilling Into the assess potential environmental impacts public. Upon completion of this EIR/EIS Carpinteria Offshore Field Oil and Gas and mitigation measures associated with process, BOEM and CSLC will make Reserves, California State Waters, a proposal to develop offshore oil and separate decisions concerning the From Federal Platform Hogan gas resources, located in California state waters, from an existing oil and gas proposed project. Consultation with AGENCY: Bureau of Ocean Energy platform located in Federal waters. other Federal, state and local agencies, Management, Interior. Publication of this notice initiates the affected tribes, and the public will be ACTION: Notice of intent. public scoping process to solicit carried out to assist in the NEPA/CEQA comments regarding the full spectrum of process. These consultations will be SUMMARY: The Bureau of Ocean Energy issues and concerns, including a completed before decisions are made on Management (BOEM) and the California suitable range of alternatives, the human the proposed project. State Lands Commission (CSLC) intend and marine resources that could be Description of the Area to jointly review a proposal to develop affected, the nature and extent of the offshore oil and gas resources, located in potential impacts to those resources, Drilling will take place from an California state waters, from an existing and the appropriate mitigation measures existing Federal Platform Hogan oil and gas platform located in Federal that should be addressed in the EIR/EIS. (Federal Lease OCS–P 0166), which lies waters. This review will lead to a joint Carone Petroleum Corporation in the Santa Barbara Channel, 3.7 miles assessment of the potential (Carone) is proposing to redevelop the offshore of the City of Carpinteria, Santa environmental impacts and appropriate state portion of the Carpinteria Offshore Barbara County, California, in 154 feet mitigation measures. This is the Notice Field oil and gas reserves from Platform of water (Latitude 34°20′16″ N; of Preparation/Notice of Intent (NOP/ Hogan, which is located in Federal Longitude 119°32′30″ W) to develop NOI) to jointly prepare an waters. Signal Hill Services, Inc. is the resources in California state waters Environmental Impact Report/ Federal lessee, and Pacific Operators (State Oil and Gas Leases PRC 4000, Environmental Impact Statement (EIR/ Offshore, LLC (POOL) is the operator of PRC 7911 and PRC 3133). Oil and gas EIS) and hold public scoping meetings Platform Hogan. The Carpinteria production will be transferred by an for the Carpinteria Offshore Field Offshore Field extends into both Federal existing pipeline to the existing La Redevelopment Project. This notice and state waters and includes Federal Conchita Processing Facility in Ventura initiates the public scoping process. and state leases. As many as 25 new County. production or injection wells would be DATES: Written comments must be Cooperating Agencies drilled into existing state oil and gas submitted by February 21, 2012. BOEM and CSLC invite other Federal Scoping meeting dates/times are leases from Platform Hogan. The exact agencies and state, tribal and local Thursday, January 19, 2012 at: number of wells to be drilled is governments to consider becoming 1. 1–3 p.m. and unknown until sufficient wells are cooperating agencies in the preparation 2. 5–7 p.m. completed and evaluated to determine the amount and location of the oil and of the EIR/EIS. Following the guidelines ADDRESSES: Comments should be sent gas resources. from the Council of Environmental to— The CSLC reviews the Plan of Quality (CEQ), qualified agencies and 1. Mail or hand carried. Enclosed in Development (POD) for state leases, governments are those with an envelope labeled ‘‘Scoping which delineates the long-term plans of ‘‘jurisdiction by law or special Comments for the Carpinteria EIR/EIS’’ Carone and its designated Carpinteria expertise.’’ Potential cooperating and delivered to Ms. Susan Zaleski, Field operator, POOL. The POD is based agencies should consider their authority Bureau of Ocean Energy Management, on all state lease wells being physically and capacity to assume the Pacific OCS Region, 770 Paseo drilled from Platform Hogan through responsibilities of a cooperating agency Camarillo, Camarillo, CA 93010–6064. subsurface operations. and remember that an agency’s role in 2. Email. The BOEM reviews the Development the environmental analysis neither [email protected]. and Production Plan (DPP) and revised enlarges nor diminishes the final See Comments and Scoping Meetings DPP pursuant to the Outer Continental decision-making authority of any other below for meeting addresses. Shelf (OCS) Lands Act, as amended, and agency involved in the NEPA process. FOR FURTHER INFORMATION CONTACT: Ms. the implementing regulations at 30 Code Upon request, BOEM and CSLC will Susan Zaleski, Bureau of Ocean Energy of Federal Regulations (CFR) 550.283 provide potential cooperating agencies Management, Pacific OCS Region, 770 and 550.285, which address the with an information package that Paseo Camarillo, Camarillo, California procedures and requirements for includes a draft Memorandum of 93010–6064; phone (805) 389–7558, fax submitting revised DPPs. The BOEM Agreement. The draft Memorandum of (805) 389–7874, or email at decides whether these revised plans Agreement includes a schedule with [email protected]. should be approved, disapproved, or critical action dates and milestones,

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mutual responsibilities, designated representatives of organizations or environmental assessment for the James points of contact, and expectations for businesses. Campbell National Wildlife Refuge handling predecisional information. This notice and detailed proposed (refuge). In this final CCP, we describe Agencies should also consider the project information will also be how we will manage this refuge for the ‘‘Factors for Determining Cooperating available on the BOEM web page at next 15 years. Agency Status’’ in Attachment 1 to http://www.boem.gov/Carpinteria.aspx ADDRESSES: You may view or obtain CEQ’s January 30, 2002, Memorandum and on the CSLC web page at copies of the final CCP and the finding for the Heads of Federal Agencies: www.slc.ca.gov. of no significant impact (FONSI) and Cooperating Agencies in Implementing BOEM and CSLC will hold scoping environmental assessment (EA) by any the Procedural Requirements of the meetings to obtain additional comments of the following methods. You may National Environmental Policy Act. and information regarding the scope of request a hard copy or CD–ROM. These documents are available at the EIR/EIS. Two public scoping Agency Web site: Download the http://ceq.hss.doe.gov/nepa/regs/ meetings will be conducted for the documents at www.fws.gov/pacific/ guidance.html. BOEM/CSLC, as the lead proposed project to receive oral and/or planning. agencies, will not provide financial written testimony at the following times Email: assistance to cooperating agencies. Even and place: Thursday, January 19, 2012, [email protected]. if an organization is not a cooperating 1–3 p.m. and 5–7 p.m., Carpinteria City Include ‘‘James Campbell Refuge CCP’’ agency, opportunities will exist to Council Chambers, 5775 Carpinteria in the subject line of the message. provide information and comments to Avenue, Carpinteria, California 93013– Mail: David Ellis, Project Leader, BOEM/CSLC during the normal public 2697, Phone: (805) 684–5405. O‘ahu National Wildlife Refuge input phases of the NEPA/EIS and A sign language interpreter will be Complex, 66–590 Kamehameha CEQA/EIR processes. If further provided upon advance notification of Highway, Room 2C, Hale‘iwa, HI 96712. information about cooperating agency need. Such notification should be made In-Person Viewing or Pickup: O‘ahu status is needed, please contact Ms. as soon as possible prior to the date of National Wildlife Refuge Complex, 66– Susan Zaleski at (805) 389–7558 or the scoping meetings. If you need 590 Kamehameha Highway, Room 2C, [email protected]. reasonable accommodation for a Hale‘iwa, HI 96712. disability, as defined by the Federal Comments and Scoping Meetings FOR FURTHER INFORMATION CONTACT: Americans with Disabilities Act and the David Ellis, Project Leader, (808) 637– Scoping is an open process used for California Fair Employment and 6330. identifying significant environmental Housing Act, to conduct business with SUPPLEMENTARY INFORMATION: issues related to the proposed project. BOEM and CSLC staff conducting the Scoping also provides an opportunity to scoping meetings, please contact Susan Introduction Zaleski at (805) 389–7558 at least 7 days identify appropriate mitigation With this notice, we announce the measures and alternatives to the in advance of the scoping meetings to arrange for such accommodation. completion of the CCP process for the proposed project. Applicable agencies James Campbell National Wildlife will need to use the EIR/EIS when Authority: 40 CFR 1501.7, 42 U.S.C. 4321 Refuge. The Service started this process considering related permits or other et seq. (1988), and § 15802 of the California through a notice of intent in the Federal Environmental Quality Act (CEQA) approvals for the proposed project. Register on December 1, 2008 (73 FR Federal, state and local government Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). 72826). We released the draft CCP/EA to agencies and other interested parties are the public, announcing and requesting Dated: December 14, 2011. requested to send their written comments in a notice of availability in comments on the scope of the EIR/EIS, Tommy P. Beaudreau, the Federal Register (76 FR 38414; June significant issues that should be Director, Bureau of Ocean Energy 30, 2011). addressed and alternatives that should Management . We announce our CCP decision and be considered to one of the addresses in [FR Doc. 2011–32484 Filed 12–19–11; 8:45 am] the availability of a FONSI in the ADDRESSES section above. BILLING CODE 4310–MR–P accordance with the National Wildlife Before including your address, Refuge System Administration Act of telephone number, email address, or 1966 (16 U.S.C. 668dd-668ee) and other personal identifying information DEPARTMENT OF THE INTERIOR National Environmental Policy Act in your comment, you should be aware Fish and Wildlife Service (NEPA) (40 CFR 1506.6(b)) that your entire comment, including requirements. We prepared a thorough your personal identifying information, [FWS–R1–R–2011–N229; 1265–0000–10137– analysis of impacts, which we included may be made publicly available at any S3] in an EA that accompanied the draft time (including in the EIR/EIS and CCP. James Campbell National Wildlife posted on the Internet). Please note that The CCP will guide us in managing Refuge, Honolulu County, HI; Final requests to withhold personal and administering the refuge for the Comprehensive Conservation Plan and identifying information should be made next 15 years. Alternative C, as Finding of No Significant Impact for prominently at the beginning of your described in the draft CCP, is the basis Environmental Assessment submission. While you may ask BOEM for the CCP. to withhold your personal identifying AGENCY: Fish and Wildlife Service, Background information from public review, BOEM Interior. cannot guarantee that it will be able to ACTION: Notice of availability. The Refuge Administration Act, as do so. The BOEM will not consider amended by the National Wildlife anonymous comments, and BOEM will SUMMARY: We, the U.S. Fish and Refuge System Improvement Act of make available for inspection, in their Wildlife Service (Service), announce the 1997, requires us to develop a CCP for entirety, all comments submitted by availability of our final comprehensive each refuge. The purpose for developing organizations or businesses or by conservation plan (CCP) and a finding of a CCP is to provide refuge managers individuals identifying themselves as no significant impact for the with a 15-year plan for achieving refuge

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purposes and contributing toward the wildlife resources, the fragile coastline, Center/Environmental Education facility mission of the National Wildlife Refuge and the visiting public. During the and refuge office will serve the public, System, consistent with sound interim period until the VSP would be students, and refuge staff. principles of fish and wildlife prepared, the current public use The refuge will continue to management, conservation, legal program would have slight increases in participate and cooperate in community mandates, and our policies. In addition opportunities for wildlife observation and interagency efforts to address flood to outlining broad management and photography. The refuge would damage reduction for the local area. We direction on conserving wildlife and participate and partner with other will continue to evaluate our their habitats, CCPs identify compatible agencies and the community of Kahuku infrastructure on the refuge, particularly wildlife-dependent recreational on projects to mitigate flood damage to on newly acquired lands, to determine opportunities available to the public, the local area, if practical and feasible. if further changes can be made to help including opportunities for hunting, Both current commercial aquaculture mitigate flood damages. Both current fishing, wildlife observation and leases would remain in effect until commercial aquaculture leases will photography, and environmental 2023. remain in effect until 2023 at which education and interpretation. We will time, by prior agreement, they will Alternative C, Full Restoration and review and update the CCP at least expire. Management of Refuge Expansion every 15 years in accordance with the All wetlands, coastal dunes/strand Lands Refuge Administration Act. and scrub/shrub habitats will be In addition to management actions restored and managed. Fencing will be CCP Alternatives, Including Selected identified in Alternative B, all wetlands, installed at appropriate locations Alternative coastal dunes/strand, and scrub/shrub throughout the refuge to reduce the During our CCP planning process we habitats would be restored and managed devastating impacts of exotic predators identified several issues. To address under Alternative C. Trial use of on native wildlife. Additionally, the these issues, we developed and predator-proof fencing would be trial use of predator-proof fencing will evaluated the following alternatives in initiated on selected dune or wetland be initiated on selected coastal dunes our draft CCP/EA. sites to protect seabirds or waterbirds. and/or wetland sites to protect nesting Abandoned aquaculture facilities would Alternative A, No Action seabirds and waterbirds. Abandoned be cleaned up, and the habitat would be aquaculture facilities will be cleaned Under Alternative A, we would have restored to natural conditions or other up. As necessary, we will work with the continued current management with no approved uses. State to protect wildlife and standardize changes. This includes focusing Comments public use regulations on the shoreline threatened and endangered species adjacent to the refuge coastline. management on protection and We solicited comments on the draft successful nesting. Public use programs CCP/EA from June 30, 2011, to August Dated: November 16, 2011. would remain virtually unchanged. 1, 2011 (76 FR 38414; June 30, 2011). Michael Carrier, Refuge management units would remain We received comment letters, forms, Acting Regional Director, Pacific Region, closed to general public entry except for and emails on the draft CCP/EA. To Portland, Oregon. seasonal docent-guided tours and address public comments, responsive [FR Doc. 2011–32390 Filed 12–16–11; 8:45 am] Special Use Permits issued on a case-by- changes and clarifications were made to BILLING CODE 4310–55–P case basis for environmental education, the final CCP where appropriate. research, and other compatible uses. Selected Alternative Newly acquired refuge lands would DEPARTMENT OF THE INTERIOR After considering the comments we receive custodial oversight only, no Fish and Wildlife Service habitat restoration would occur, and no received, we have selected Alternative C additional visitor services would be for implementation. By implementing [FWS–R1–R–2011–N090; provided. Both current commercial Alternative C, we will intensively FXRS12650100000S3–123–FF01R06000] aquaculture leases would remain in manage endangered waterbird species Minidoka National Wildlife Refuge, effect until 2023. and their habitat at the Ki‘i and Punamano˜ Units of the refuge with a Blaine, Cassia, Minidoka, and Power Alternative B, Partial Restoration and focus on protection and successful Counties, ID; Comprehensive Management of Refuge Expansion nesting as part of the statewide effort to Conservation Plan and Environmental Lands implement the Hawaiian Waterbird Assessment Under Alternative B, current habitat Recovery Plan. The unique and AGENCY: Fish and Wildlife Service, management programs focusing on sensitive coastal sand dunes and coastal Interior. wetland management for endangered strand will be managed to protect and ACTION: Notice of intent; request for waterbirds would have continued. On enhance the area for native vegetation, comments. newly acquired refuge lands, only the seabirds, other migratory birds, highest priority wetlands and coastal endangered Hawaiian monk seals, and SUMMARY: We, the U.S. Fish and dunes would be restored and fenced to green turtles. A VSP will be developed Wildlife Service, intend to prepare a exclude large predators. A Visitor to identify, evaluate, and select sites for comprehensive conservation plan (CCP) Services Plan (VSP) would be developed the infrastructure needed to fully for Minidoka National Wildlife Refuge. to identify the types of compatible implement a safe and compatible We will also prepare an environmental wildlife-oriented activities we would program for the public (to include roads, assessment (EA) to evaluate the provide to the public as well as the sites parking areas, trails, overlooks, etc.). potential effects of various CCP and locations for the infrastructure The VSP will identify any new special alternatives. We provide this notice in needed to fully support public regulations needed to protect sensitive compliance with our CCP policy to programs. We would also identify new wildlife resources, the fragile coastline, advise the public, Federal and State special regulations in the VSP which and the visiting public. If funded, the agencies, and Tribes of our intentions, may be needed to protect sensitive design and construction of a Visitor and to obtain public comments,

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suggestions, and information on the review and update the CCP at least River, and 9,400 acres are upland scope of issues to consider during the every 15 years in accordance with the sagebrush and grassland habitats. The planning process. Refuge Administration Act. large expanse of open water within the DATES: To ensure consideration, please Each unit of the National Wildlife arid environment attracts numerous send your written comments by January Refuge System was established for avian species, including waterfowl, 31, 2012. We will announce specific purposes. We use these shorebirds, and wading birds. The opportunities for public input in local purposes as the foundation for Service has documented 243 species of news media throughout the CCP developing and prioritizing the birds on the Refuge, of which 85 species planning process. management of goals and objectives for are known to nest within the Refuge’s ADDRESSES: Send your comments or each refuge within the National Wildlife boundaries. requests for more information by any of Refuge System mission, and to determine how the public can use each Scoping: Preliminary Issues, Concerns, the following methods. and Opportunities Email: [email protected]. refuge. The planning process is a way Include ‘‘Minidoka CCP/EA’’ in the for us and the public to evaluate We have identified preliminary subject line of the message. management goals and objectives that issues, concerns, and opportunities that Fax: Attn: Jeffrey Krueger, Refuge will insure the best possible approach to we may address in the CCP. We have Manager, (208) 436–1570. wildlife, plant, and habitat briefly summarized these issues below. U.S. Mail: Jeffrey Krueger, Refuge conservation, while providing for During public scoping, we may identify Manager, Minidoka National Wildlife wildlife-dependent recreation additional issues. Refuge, 961 E Minidoka Dam Road, opportunities that are compatible with • What is the Refuge’s role in Rupert, ID 83350–9471. each refuge’s establishing purposes and conserving Snake River Plain wildlife In-Person Drop-off: You may drop off the mission of the National Wildlife and habitat? comments during regular business hours Refuge System. • What are our options for preventing at 961 E Minidoka Dam Road, Rupert, ID Our CCP process provides the introduction and dispersal of 83350–9471. participation opportunities for Tribal, invasive plants and animals? • FOR FURTHER INFORMATION CONTACT: State, and local governments; agencies; What is the most appropriate Jeffrey Krueger, (208) 436–3589 (phone). organizations; and the public. At this Refuge land management strategy for time we encourage input in the form of providing contiguous and quality SUPPLEMENTARY INFORMATION: issues, concerns, ideas, and suggestions habitats for focal wildlife resources? Introduction for the future management of the • How can we maintain, manage, and With this notice, we initiate our Refuge. restore the Refuge’s sagebrush, wetland, process for developing a CCP for the We will conduct the environmental and upland habitats, to support the Minidoka Refuge. This notice complies review of this project and develop an long-term viability of native wildlife with our CCP policy to (1) Advise other EA in accordance with the requirements populations, and maximize habitat of the National Environmental Policy values for key wildlife species? Federal and State agencies, Tribes, and • the public of our intention to conduct Act of 1969, as amended (NEPA) (42 How can the Refuge adaptively detailed planning on this Refuge and (2) U.S.C. 4321 et seq.); NEPA regulations manage habitat in response to the effects (40 CFR parts 1500–1508); other of climate change? obtain suggestions and information on • the scope of issues to consider in the EA appropriate Federal laws and How can we protect the Refuge’s and during development of the CCP. regulations; and our policies and cultural and historical resources? procedures for compliance with those • What actions should we take to Background laws and regulations. minimize disturbance to nesting and The CCP Process Minidoka National Wildlife Refuge migrating waterbirds and other wildlife on the Refuge? The National Wildlife Refuge System The Refuge was established by • How can we meet increasing Administration Act of 1966 (16 U.S.C. President Theodore Roosevelt in 1909 demands for recreational opportunities 668dd–668ee), as amended by the for the purpose of serving as a refuge on the Refuge, and conduct quality National Wildlife Refuge System and breeding grounds for native birds. visitor services programs in a manner Improvement Act of 1997 (Refuge The Refuge is located 12 miles northeast that protects wildlife from disturbances? Administration Act), requires us to of Rupert, ID, in the Snake River Plain, develop a CCP for each national wildlife at approximately 4,200 feet in elevation. Public Meetings refuge. The purpose for developing a The area was historically comprised of We will involve the public through CCP is to provide refuge managers with a portion of the Snake River surrounded open houses, informational and a 15-year plan for achieving refuge by an expansive sea of sagebrush, technical meetings, and written purposes and contributing toward the identified as the high desert. In 1904 the comments. We will release mailings, mission of the National Wildlife Refuge Bureau of Reclamation impounded the news releases, and announcements to System, consistent with sound Snake River and created Lake Walcott to provide information about opportunities principles of fish and wildlife store water for irrigation, and provide for public involvement in the planning management, conservation, legal hydroelectric power. The Refuge is process. mandates, and our policies. In addition primarily an overlay refuge to outlining broad management superimposed over Bureau of Public Availability of Comments direction on conserving wildlife and Reclamation lands and waters. Before including your address, phone their habitats, CCPs identify wildlife- The Refuge boundary extends number, email address, or other dependent recreational opportunities upstream approximately 25 miles from personal identifying information in your that may be available to the public, the Minidoka Dam, along both shores of comment, you should be aware that including opportunities for hunting, the Snake River. The Refuge your entire comment—including your fishing, wildlife observation and encompasses approximately 20,700 personal identifying information—may photography, and environmental acres; of that, 11,300 acres are the open be made publicly available at any time. education and interpretation. We will waters of Lake Walcott and the Snake While you can ask us in your comment

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to withhold your personal identifying • Fax: Attn: Jim Bartel, Field would obtain authorization for the information from public review, we Supervisor, (760) 431–5902. incidental take of certain threatened and cannot guarantee that we will be able to • U.S. Mail: Jim Bartel, Field endangered animal species (‘‘covered do so. Supervisor, Carlsbad Fish and Wildlife species’’). If the Federal permit is Dated: October 28, 2011. Office, U.S. Fish and Wildlife Service, issued, the City could extend the permit 6010 Hidden Valley Road, Suite 101, authorization to proponents of Richard R. Hannan, Carlsbad, CA 92011. development projects under the City’s Acting Regional Director, Region 1, Portland, • In-Person Drop-off: You may drop jurisdiction. Oregon. off comments during regular business Background [FR Doc. 2011–32589 Filed 12–19–11; 8:45 am] hours at the above address. BILLING CODE 4310–55–P FOR FURTHER INFORMATION CONTACT: Section 9 of the ESA prohibits taking Karen Goebel, Assistant Field of fish and wildlife species listed as endangered or threatened under section DEPARTMENT OF THE INTERIOR Supervisor, by phone at (760) 431–9440, or by U.S. mail at the above address; or 4 of the Act. Under the ESA, the term Fish and Wildlife Service Jeanne Krosch, Senior Planner, City of ‘‘take’’ means to harass, harm, pursue, San Diego, by phone at (619) 236–7225. hunt, shoot, wound, kill, trap, capture, [FWS–R8–ES–2011–N243; FF08E00000– or collect, or to attempt to engage in any SUPPLEMENTARY INFORMATION: We FXES11120800000F2–112] such conduct. The term ‘‘harm’’ is publish this notice under the National defined in the regulations as including Environmental Policy Act of 1969, as Draft Environmental Impact Statement significant habitat modification or amended (42 U.S.C. 4321 et seq.; and Proposed Vernal Pool Habitat degradation that results in death or NEPA), and its implementing Conservation Plan for the City of San injury to listed wildlife species by regulations in the Code of Federal Diego, CA significantly impairing essential Regulations (CFR) at 40 CFR 1506.6, as behavioral patterns, including breeding, AGENCY: Fish and Wildlife Service, well as in compliance with section 10(c) feeding, or sheltering (50 CFR 17.3). The Interior. of the Endangered Species Act (16 term ‘‘harass’’ is defined in the ACTION: Notice of intent and U.S.C. 1531 et seq.; ESA). We intend to regulations as to carry out actions that announcement of a public meeting; prepare a draft environmental impact create the likelihood of injury to listed request for comments. statement to evaluate the impacts of wildlife by annoying it to such an extent several alternatives related to the SUMMARY: as to significantly disrupt normal We, the Fish and Wildlife potential issuance of an incidental take behavioral patterns, which include, but Service (Service), intend to prepare an permit (ITP) to the City of San Diego, as are not limited to, breeding, feeding, or environmental impact statement (EIS) well as impacts from implementation of sheltering (50 CFR 17.3). under the National Environmental the supporting habitat conservation Policy Act (NEPA) of 1969, as amended, However, under specified plan. The EIS will be a joint document circumstances, the Service may issue for the proposed Vernal Pool Habitat with an environmental impact report Conservation Plan (VPHCP) under permits that allow the take of federally (EIR) prepared by the City under the listed wildlife species, provided that the development by the City of San Diego California Environmental Quality Act (City). The draft EIS will evaluate the take is incidental to, but not the purpose (CEQA). of, an otherwise lawful activity. impacts of several alternatives related to The City proposes to develop a Vernal the VPHCP being prepared by the City Regulations governing permits for Pool HCP as part of their application for endangered and threatened wildlife in support of the City’s anticipated an ITP under section 10(a)(1)(B) of the application for an Endangered Species species are 50 CFR 17.22 and 17.32, ESA. The proposed VPHCP will include respectively. The ESA’s take Act (ESA) permit for incidental take of measures necessary to minimize and seven federally listed vernal pool prohibitions do not apply to federally mitigate the impacts, to the maximum listed plants. However, other provisions species, from activities associated with extent practicable, of potential proposed urban development activities. We also of the Act prohibit the removal or taking of federally listed species to be destruction of plants on non-federal announce plans for a public scoping covered by the VPHCP, and the habitats meeting and the opening of a public lands in violation of State law. upon which they depend, resulting from Section 10(a)(1)(B) of the ESA comment period. We request data, residential, commercial, and other comments, new information, or contains provisions for issuing development activities within the incidental take permits to non-Federal suggestions from the public, other proposed plan area. concerned governmental agencies, the entities for the take of endangered and In addition to this notice, the City has threatened wildlife species, provided scientific community, Tribes, industry, publicly released a CEQA notice of or any other interested party. the following criteria are met: preparation for its EIR via State 1. The taking will be incidental; DATES: To ensure consideration, please Clearinghouse and local media. Please 2. The applicants will, to the send your written comments by see http://www.sandiego.gov/ maximum extent practicable, minimize February 16th, 2012. development-services/industry/pdf/ and mitigate the impact of such taking; For more information, see ‘‘Public infobulletin/ib401.pdf for more 3. The applicants will develop a Comments’’ and ‘‘Reasonable information on the CEQA process. proposed HCP and ensure that adequate Accommodation’’ under the The proposed VPHCP would establish funding for the plan will be provided; SUPPLEMENTARY INFORMATION section. the structure to integrate development 4. The taking will not appreciably ADDRESSES: To request further and vernal pool conservation in the reduce the likelihood of the survival information or submit written City. and recovery of the species in the wild; comments, please use one of the The proposed VPHCP would serve as and following methods, and note that your a multiple-species HCP for the City in 5. The applicants will carry out any information request or comment is in its application for an ITP under section other measures that the Service may reference to the City of San Diego Vernal 10(a)(1)(B) of the ESA. If the application require as being necessary or Pool HCP: is approved by the Service, the City appropriate for the purposes of the HCP.

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Thus, the purpose of issuing an ITP to project-specific basis. Although future • Provide a means to implement the City would be to allow the City, activities by the City or a private covered activities in a manner that under its local authority, to authorize applicant would be similar to those complies with the ESA, NEPA, CEQA, development while conserving the covered by the VPHCP, not all activities and other relevant laws; covered species and their habitats. would necessitate an incidental take • Provide a basis for the issuance of Implementation of a vernal pool species permit or consultation with the Service. take authorizations allowing the lawful habitat conservation plan, rather than a Thus, under the no-action alternative, take of covered species incidental to species-by-species or project-by-project the City and various project proponents covered activities; approach, is intended to maximize the would likely have to file numerous • Provide a comprehensive means to benefits of conservation measures for separate section 10(a)(1)(B) permit coordinate and standardize mitigation covered species and eliminate applications over the 50-year project and compensation requirements for expensive and time-consuming efforts period. This activity-by-activity covered activities within the plan area; associated with processing individual approach would be more time- • Provide a framework for a more ITPs for each project within the City’s consuming and less efficient than efficient process by which proposed proposed plan area. The Service expects authorizing activities under an umbrella development projects with the plan area that the City will request ITP coverage incidental take permit, and could result may obtain regulatory authorizations, for a period of 50 years. in a fragmented mitigation approach. and which results in greater conservation values than would a Project Area Proposed Alternative project-by-project, species-by-species The proposed VPHCP Planning Area The proposed action is the issuance of review; and covers approximately 206,124 acres of an ITP to the City of San Diego covering • Identify and incorporate climate land in the City’s jurisdiction, including impacts to seven vernal pool species change adaptation research, City-owned lands in the unincorporated resulting from development activities management objectives, and policies areas of Otay Lakes and Marron Valley, authorized by the City within the into the final plan document. where development potentially may proposed Planning Area for a period of More information on the proposed occur. The proposed VPHCP would 50 years. The purpose of the Vernal Pool VPHCP is available on the Internet at cover non-Federal lands in the Planning HCP would be to contribute to the http://www.sandiego.gov/planning/ Area. To facilitate timely and conservation of the covered species mscp/. environmentally responsible while streamlining endangered species Covered Activities development, the proposed VPHCP may permitting for development projects. focus on specific areas for development, The Vernal Pool HCP, which must meet The covered activities under the such as Otay Mesa, Kearny Mesa, Mira the requirements of section 10(a)(2)(A) VPHCP are expected to include Mesa, and Del Mar Mesa. of the ESA, would be developed and residential, commercial, and industrial implemented by the City through its development; airports; roads; utilities; Alternatives in the Draft Environmental trails; and vernal pool restoration and Impact Statement local regulatory and land use authorities. This alternative would enhancement. The proposed action presented in the allow for a comprehensive mitigation Covered Species draft EIS will be compared to the no- approach for unavoidable impacts and We anticipate that the following action alternative. The no-action reduce permit processing times and federally listed endangered wildlife alternative represents estimated future efforts for the City and the Service. conditions assuming an ITP is not Potential impacts to covered species species will be included as covered issued, to which the proposed action’s would be addressed through a species in the City of San Diego’s estimated future conditions can be conservation program that includes proposed VPHCP: the San Diego fairy compared. Other alternatives, including avoidance, minimization, mitigation, shrimp (Branchinecta sandiegonensis) their potential impacts, will also be preservation, and restoration and and the Riverside fairy shrimp addressed in the draft EIS. enhancement of habitat for covered (Streptocephalus woottonii). Take of federally listed plant species is not No-Action Alternative species by multiple components, such as reserve design and assembly prohibited under the ESA, and Because future development activities processes, protection and management authorization under an ESA ITP is not are vital for the City, these activities elements, funding assurances, required. Section 9 of ESA does, would likely continue regardless of monitoring, and adaptive management however, prohibit the removal or whether the proposed 10(a)(1)(B) ITP is within the VPHCP planning area. malicious destruction of federally listed issued. Where a specific project would The planning goals of the Vernal Pool plants from areas under Federal result in potential impacts to federally HCP are anticipated to include the jurisdiction and the removal or protected species within the proposed following: destruction of such plants in knowing permit area that could not be avoided • Provide for long-term conservation violation of State law. In addition, and a federal permit or federal funding and management of Covered Species section 7(a)(2) of the ESA prohibits is involved, i.e., there is a federal nexus within the VPHCP area; Federal agencies from jeopardizing the for the project, the project proponent • Preserve, restore, and enhance continued existence of any listed plant would address impacts in accordance vernal pool ecosystems that support or animal species, or destroying or with the an individual formal or Covered Species within the VPHCP adversely modifying the critical habitat informal consultation under Section 7 of area; of such species. The following federally the Act between the Federal authorizing • Build on the City’s general plans; listed plant species are anticipated to be agency and the Service. If no federal • Further identify the most included in the VPHCP in recognition of nexus exists for a proposed project that appropriate locations within the VPHCP the conservation benefits to be provided is likely to result in take of a listed area for development projects, taking for them under the plan and to be listed vernal pool animal species, the project into account potential impacts to on the ITP for purposes of receiving proponent would likely seek an threatened and endangered species and mitigation assurances: The threatened individual section 10(a)(1)(B) ITP on a their vernal pool habitat; spreading navarretia (Navarretia

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fossalis), the endangered San Diego events, sacred and traditional areas, and SUMMARY: The National Geospatial button celery (Eryngium aristulatum other historic preservation concerns, Advisory Committee (NGAC) will meet var. parishii), the endangered San Diego which are required to be considered in on January 12, 2012, from 1 p.m. to 4 mesa mint (Pogogyne abramsii), the project planning by the National p.m. EST. The meeting will be held via endangered California Orcutt grass Historic Preservation Act; and Web conference and teleconference. (Orcuttia californica), and the 6. Identification of any other The NGAC, which is composed of endangered Otay mesa mint (Pogogyne alternatives to the proposed action that representatives from governmental, nudiscula). should be analyzed in the draft EIS. private sector, non-profit, and academic 7. Identification of any other Conservation Alternative organizations, has been established to environmental issues that should be advise the Chair of the Federal An expanded conservation alternative considered in the draft EIS. Geographic Data Committee on that would conserve additional vernal You may submit your comments and management of Federal geospatial pool resources and provide increased materials by one of the methods listed programs, the development of the opportunities for restoration and in the ADDRESSES section. National Spatial Data Infrastructure, and enhancement of vernal pool habitat will Comments can also be submitted to the implementation of Office of also be considered in the draft EIS. the City in response to their notice of Management and Budget (OMB) Environmental Review and Next Steps EIR preparation under CEQA at Circular A–16. Topics to be addressed at [email protected], and comments the meeting include: The Service will conduct an will also be included as an appendix to environmental review to analyze the —Recent FGDC Activities. the draft EIR/EIS. —Innovative Strategies for Geospatial proposed action, along with other Comments and materials we receive, alternatives evaluated and the Programs and Partnerships White as well as supporting documentation we Paper. associated impacts of each. The draft use in preparing the draft EIS, will be EIS will be the basis for the impact —Geospatial Workforce Development available for public inspection by White Paper. evaluation for each covered species and appointment, during normal business —Geospatial Platform Activities. the range of alternatives to be addressed. hours, at our office (see FOR FURTHER The draft EIS is expected to provide INFORMATION CONTACT). Members of the public who wish to biological descriptions of the affected attend the meeting must register in species and habitats, as well as the Public Availability of Comments advance. Please register by contacting effects of the alternatives on other Written comments we receive become Arista Maher at the Federal Geographic resources, such as vegetation, wetlands, part of the public record associated with Data Committee (703) 648–6283, wildlife, geology and soils, air quality, this action. Before including your [email protected]). Meeting registrations water resources, water quality, cultural address, phone number, email address, are due by January 6, 2012. Meeting resources, land use, recreation, water or other personal identifying information (Web conference and use, local economy, and environmental information in your comments, you teleconference instructions) will be justice. should be aware that your entire provided to registrants prior to the Following completion of the comment—including your personal meeting. While the meeting will be open environmental review, the Service will identifying information—may be made to the public, attendance may be limited publish a notice of availability and a publicly available at any time. While due to Web conference and request for comment on the draft EIS you can ask us in your comment to teleconference capacity. and the City’s permit application, which withhold your personal identifying The meeting will include an will include the proposed HCP. The information from public review, we opportunity for public comment. draft EIS and proposed HCP are cannot guarantee that we will be able to Attendees wishing to provide public expected to be completed and available do so. comment should register by January 6. to the public in late summer 2012. Please register by contacting Arista Authority Public Comments Maher at the Federal Geographic Data We provide this notice under section Committee (703) 648–6283, We request data, comments, new 10 of the ESA (16 U.S.C. 1531 et seq.) [email protected]). Comments may also information, or suggestions from the and by NEPA Regulations (40 CFR be submitted to the NGAC in writing. public, other concerned governmental 1501.7, 40 CFR 1506.6, and 1508.22). agencies, the scientific community, DATES: The meeting will be held on Tribes, industry, or any other interested Paul McKim, January 12, 2012, from 1 p.m. to 4 p.m. party on this notice. We will consider Deputy Regional Director, Pacific Southwest EST. these comments in developing a draft Region, U.S. Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: John EIS and in the development of a HCP Sacramento, California. Mahoney, U.S. Geological Survey (206) and ITP. We particularly seek comments [FR Doc. 2011–32494 Filed 12–19–11; 8:45 am] 220–4621). on the following: BILLING CODE 4510–55–P SUPPLEMENTARY INFORMATION: Meetings 1. Biological information concerning of the National Geospatial Advisory the species; Committee are open to the public. 2. Relevant data concerning the DEPARTMENT OF THE INTERIOR Additional information about the NGAC species; U.S. Geological Survey and the meeting are available at 3. Additional information concerning www.fgdc.gov/ngac. the range, distribution, population size, Announcement of National Geospatial and population trends of the species; Dated: Dceember 14, 2011. 4. Current or planned activities in the Advisory Committee Meeting Ivan DeLoatch, planning area and their possible impacts AGENCY: U.S. Geological Survey, Executive Director, Federal Geographic Data on the species; Interior. Committee. 5. The presence of archeological sites, [FR Doc. 2011–32504 Filed 12–19–11; 8:45 am] ACTION: Notice of meeting. buildings and structures, historic BILLING CODE 4311–AM–P

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INTERNATIONAL TRADE the Commission determined that it of 1930; this notice is published pursuant to COMMISSION would conduct an expedited review section 207.62 of the Commission’s rules. pursuant to section 751(c)(3) of the Act. By order of the Commission. [Investigation No. 731–TA–703 (Third Staff report.—A staff report Review)] Issued: December 14, 2011. containing information concerning the James R. Holbein, Furfuryl Alcohol From China; subject matter of the review will be Secretary to the Commission. placed in the nonpublic record on Scheduling of an Expedited Five-Year [FR Doc. 2011–32524 Filed 12–19–11; 8:45 am] Review January 4, 2012, and made available to persons on the Administrative BILLING CODE 7020–02–P AGENCY: United States International Protective Order service list for this Trade Commission. review. A public version will be issued INTERNATIONAL TRADE ACTION: Notice. thereafter, pursuant to section COMMISSION 207.62(d)(4) of the Commission’s rules. SUMMARY: The Commission hereby gives Written submissions.—As provided in Summary of Commission Practice notice of the scheduling of an expedited section 207.62(d) of the Commission’s Relating to Administrative Protective review pursuant to section 751(c)(3) of rules, interested parties that are parties Orders the Tariff Act of 1930 (19 U.S.C. to the review and that have provided 1675(c)(3)) (the Act) to determine individually adequate responses to the AGENCY: U.S. International Trade whether revocation of the antidumping notice of institution,2 and any party Commission. duty order on furfuryl alcohol from other than an interested party to the ACTION: Summary of Commission China would be likely to lead to review may file written comments with practice relating to administrative continuation or recurrence of material the Secretary on what determination the protective orders. injury within a reasonably foreseeable Commission should reach in the review. time. For further information Comments are due on or before January SUMMARY: Since February 1991, the U.S. concerning the conduct of this review 9, 2012 and may not contain new factual International Trade Commission and rules of general application, consult information. Any person that is neither (‘‘Commission’’) has issued an annual the Commission’s Rules of Practice and a party to the five-year review nor an report on the status of its practice with Procedure, part 201, subparts A through interested party may submit a brief respect to violations of its E (19 CFR part 201), and part 207, written statement (which shall not administrative protective orders subparts A, D, E, and F (19 CFR part contain any new factual information) (‘‘APOs’’) in investigations under title 207). pertinent to the review by January 9, VII of the Tariff Act of 1930, in response DATES: Effective Date: December 5, 2011. 2012. However, should the Department to a direction contained in the of Commerce extend the time limit for Conference Report to the Customs and FOR FURTHER INFORMATION CONTACT: its completion of the final results of its Trade Act of 1990. Over time, the Cynthia Trainor (202) 205–3354, Office review, the deadline for comments Commission has added to its report of Investigations, U.S. International (which may not contain new factual discussions of APO breaches in Trade Commission, 500 E Street SW., information) on Commerce’s final Commission proceedings other than Washington, DC 20436. Hearing- results is three business days after the under title VII and violations of the impaired persons can obtain issuance of Commerce’s results. If Commission’s rules including the rule information on this matter by contacting comments contain business proprietary on bracketing business proprietary the Commission’s TDD terminal on information (BPI), they must conform information (‘‘BPI’’) (the ‘‘24-hour (202) 205–1810. Persons with mobility with the requirements of sections 201.6, rule’’), 19 CFR 207.3(c). This notice impairments who will need special 207.3, and 207.7 of the Commission’s provides a summary of investigations assistance in gaining access to the rules. Please consult the Commission’s completed during calendar year 2010 of Commission should contact the Office rules, as amended, 76 Fed. Reg. 61937 breaches in proceedings under title VII, of the Secretary at (202) 205–2000. (Oct. 6, 2011) and the Commission’s section 337 of the Tariff Act of 1930, General information concerning the Handbook on Filing Procedures, 76 FR and section 421 of the Trade Act of Commission may also be obtained by 62092 (Oct. 6, 2011), available on the 1974. There were no rules violation accessing its Internet server (http:// Commission’s Web site at http:// investigations completed in 2010. The www.usitc.gov). The public record for edis.usitc.gov. Commission intends that this report this review may be viewed on the In accordance with sections 201.16(c) inform representatives of parties to Commission’s electronic docket (EDIS) and 207.3 of the rules, each document Commission proceedings as to some at http://edis.usitc.gov. filed by a party to the review must be specific types of APO breaches SUPPLEMENTARY INFORMATION: served on all other parties to the review encountered by the Commission and the Background.—On December 5, 2011, (as identified by either the public or BPI corresponding types of actions the the Commission determined that the service list), and a certificate of service Commission has taken. domestic interested party group must be timely filed. The Secretary will FOR FURTHER INFORMATION CONTACT: response to its notice of institution (76 not accept a document for filing without Carol McCue Verratti, Esq., Office of the FR 54493, September 1, 2011) of the a certificate of service. General Counsel, U.S. International subject five-year review was adequate Trade Commission, telephone (202) and that the respondent interested party Authority: This review is being conducted under authority of title VII of the Tariff Act 205–3088. Hearing impaired individuals group response was inadequate. The are advised that information on this Commission did not find any other available from the Office of the Secretary and at the matter can be obtained by contacting the circumstances that would warrant Commission’s Web site. 1 Commission’s TDD terminal at (202) conducting a full review. Accordingly, 2 The Commission has found the responses 205–1810. General information submitted by domestic producer Penn A Kem LLC 1 A record of the Commissioners’ votes, the to be individually adequate. Comments from other concerning the Commission can also be Commission’s statement on adequacy, and any interested parties will not be accepted (see 19 CFR obtained by accessing its Web site individual Commissioner’s statements will be 207.62(d)(2)). (http://www.usitc.gov).

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SUPPLEMENTARY INFORMATION: March 2005, requires the applicant to (iii) If the document is to be filed by Representatives of parties to swear that he or she will: a deadline, with each page marked investigations or other proceedings (1) Not divulge any of the BPI ‘‘Bracketing of BPI not final for one conducted under title VII of the Tariff disclosed under this APO or otherwise business day after date of filing,’’ and Act of 1930, section 337 of the Tariff Act obtained in this investigation and not (iv) If by mail, within two envelopes, of 1930, the North American Free Trade otherwise available to him or her, to any the inner one sealed and marked Agreement (NAFTA) Article 1904.13. person other than— ‘‘Business Proprietary Information—To and safeguard-related provisions such as (i) Personnel of the Commission be opened only by [name of recipient]’’, section 202 of the Trade Act of 1974, concerned with the investigation, and the outer one sealed and not may enter into APOs that permit them, (ii) The person or agency from whom marked as containing BPI; under strict conditions, to obtain access the BPI was obtained, (7) Comply with the provision of this to BPI (title VII) and confidential (iii) A person whose application for APO and section 207.7 of the business information (‘‘CBI’’) disclosure of BPI under this APO has Commission’s rules; (safeguard-related provisions and been granted by the Secretary, and (8) Make true and accurate section 337) of other parties. See, e.g., (iv) Other persons, such as paralegals representations in the authorized 19 U.S.C. 1677f; 19 CFR 207.7; 19 U.S.C. and clerical staff, who (a) are employed applicant’s application and promptly 1337(n); 19 CFR 210.5, 210.34; 19 U.S.C. or supervised by and under the notify the Secretary of any changes that 2252(i); 19 CFR 206.17; and 19 U.S.C. direction and control of the authorized occur after the submission of the 1516a(g)(7)(A); 19 CFR 207.100, et seq. applicant or another authorized application and that affect the The discussion below describes APO applicant in the same firm whose representations made in the application breach investigations that the application has been granted; (b) have a (e.g., change in personnel assigned to Commission completed during calendar need thereof in connection with the the investigation); year 2010, including a description of investigation; (c) are not involved in (9) Report promptly and confirm in actions taken in response to these competitive decision making for an writing to the Secretary any possible breaches and rules violations. interested party which is a party to the breach of this APO; and Since 1991, the Commission has investigation; and (d) have signed the (10) Acknowledge that breach of this published annually a summary of its acknowledgment for clerical personnel APO may subject the authorized actions in response to violations of in the form attached hereto (the applicant and other persons to such Commission APOs and the 24-hour rule. authorized applicant shall also sign sanctions or other actions as the See 56 FR 4846 (February 6, 1991); 57 such acknowledgment and will be Commission deems appropriate, FR 12335 (April 9, 1992); 58 FR 21991 deemed responsible for such persons’ including the administrative sanctions (April 26, 1993); 59 FR 16834 (April 8, compliance with this APO); and actions set out in this APO. 1994); 60 FR 24880 (May 10, 1995); 61 (2) Use such BPI solely for the The APO further provides that breach FR 21203 (May 9, 1996); 62 FR 13164 purposes of the above-captioned of an APO may subject an applicant to: (March 19, 1997); 63 FR 25064 (May 6, Commission investigation or for judicial (1) Disbarment from practice in any 1998); 64 FR 23355 (April 30, 1999); 65 or binational panel review of such capacity before the Commission along FR 30434 (May 11, 2000); 66 FR 27685 Commission investigation; with such person’s partners, associates, (May 18, 2001); 67 FR 39425 (June 7, (3) Not consult with any person not employer, and employees, for up to 2002); 68 FR 28256 (May 23, 2003); 69 described in paragraph (1) concerning seven years following publication of a FR 29972 (May 26, 2004); 70 FR 42382 BPI disclosed under this APO or determination that the order has been (July 25, 2005); 71 FR 39355 (July 12, otherwise obtained in this investigation breached; 2006); 72 FR 50119 (August 30, 2007); without first having received the written (2) Referral to the United States 73 FR 51843 (September 5, 2008); 74 FR consent of the Secretary and the party Attorney; 54071 (October 21, 2009); and 75 FR or the representative of the party from (3) In the case of an attorney, 66127 (October 27, 2010). This report whom such BPI was obtained; accountant, or other professional, does not provide an exhaustive list of (4) Whenever materials e.g., referral to the ethics panel of the conduct that will be deemed to be a documents, computer disks, etc. appropriate professional association; breach of the Commission’s APOs. APO containing such BPI are not being used, (4) Such other administrative breach inquiries are considered on a store such material in a locked file sanctions as the Commission determines case-by-case basis. cabinet, vault, safe, or other suitable to be appropriate, including public As part of the effort to educate container (N.B.: storage of BPI on so- release of, or striking from the record practitioners about the Commission’s called hard disk computer media is to any information or briefs submitted by, current APO practice, the Commission be avoided, because mere erasure of or on behalf of, such person or the party Secretary issued in March 2005 a fourth data from such media may not he represents; denial of further access to edition of An Introduction to irrecoverably destroy the BPI and may business proprietary information in the Administrative Protective Order Practice result in violation of paragraph C of this current or any future investigations in Import Injury Investigations (Pub. No. APO); before the Commission, and issuance of 3755). This document is available upon (5) Serve all materials containing BPI a public or private letter of reprimand; request from the Office of the Secretary, disclosed under this APO as directed by and U.S. International Trade Commission, the Secretary and pursuant to section (5) Such other actions, including but 500 E Street SW., Washington, DC 207.7(f) of the Commission’s rules; not limited to, a warning letter, as the 20436, tel. (202) 205–2000 and on the (6) Transmit each document Commission determines to be Commission’s Web site at http:// containing BPI disclosed under this appropriate. www.usitc.gov. APO: APOs in investigations other than (i) With a cover sheet identifying the those under title VII contain similar, I. In General document as containing BPI, though not identical, provisions. The current APO form for (ii) With all BPI enclosed in brackets Commission employees are not antidumping and countervailing duty and each page warning that the signatories to the Commission’s APOs investigations, which was revised in document contains BPI, and do not obtain access to BPI through

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APO procedures. Consequently, they are response and other relevant Commission and represents an not subject to the requirements of the information, the Commission interested party who is a party to the APO with respect to the handling of CBI determines that a breach has occurred, investigation. 19 CFR 207.7(a)(3)(B) and and BPI. However, Commission the Commission often issues a second (C); 19 CFR 206.17(a)(3)(B) and (C). employees are subject to strict statutory letter asking the breacher to address the Economists and consultants who obtain and regulatory constraints concerning questions of mitigating circumstances access to BPI/CBI under the APO under BPI and CBI, and face potentially severe and possible sanctions or other actions. the direction and control of an attorney penalties for noncompliance. See 18 The Commission then determines what nonetheless remain individually U.S.C. 1905; title 5, U.S. Code; and action to take in response to the breach. responsible for complying with the Commission personnel policies In some cases, the Commission APO. In appropriate circumstances, for implementing the statutes. Although the determines that, although a breach has example, an economist under the Privacy Act (5 U.S.C. 552a) limits the occurred, sanctions are not warranted, direction and control of an attorney may Commission’s authority to disclose any and therefore finds it unnecessary to be held responsible for a breach of the personnel action against agency issue a second letter concerning what APO by failing to redact APO employees, this should not lead the sanctions might be appropriate. Instead, information from a document that is public to conclude that no such actions it issues a warning letter to the subsequently filed with the Commission have been taken. individual. A warning letter is not and served as a public document. This An important provision of the considered to be a sanction. is so even though the attorney Commission’s title VII and safeguard Sanctions for APO violations serve exercising direction or control over the two basic interests: (a) Preserving the rules relating to BPI/CBI is the ‘‘24- economist or consultant may also be confidence of submitters of BPI/CBI that hour’’ rule. This rule provides that held responsible for the breach of the the Commission is a reliable protector of parties have one business day after the APO. BPI/CBI; and (b) disciplining breachers The records of Commission deadline for filing documents and deterring future violations. As the investigations of alleged APO breaches containing BPI/CBI to file a public Conference Report to the Omnibus in antidumping and countervailing duty version of the document. The rule also Trade and Competitiveness Act of 1988 cases, section 337 investigations, and permits changes to the bracketing of observed, ‘‘[T]he effective enforcement safeguard investigations are not publicly information in the proprietary version of limited disclosure under available and are exempt from within this one-day period. No administrative protective order depends disclosure under the Freedom of changes—other than changes in in part on the extent to which private Information Act, 5 U.S.C. 552. See 19 bracketing—may be made to the parties have confidence that there are U.S.C. 1677f(g), 19 U.S.C. 1333(h). proprietary version. The rule was effective sanctions against violation.’’ The two types of breaches most intended to reduce the incidence of H.R. Conf. Rep. No. 576, 100th Cong., frequently investigated by the APO breaches caused by inadequate 1st Sess. 623 (1988). Commission involve the APO’s bracketing and improper placement of The Commission has worked to prohibition on the dissemination of BPI BPI/CBI. The Commission urges parties develop consistent jurisprudence, not or CBI to unauthorized persons and the to make use of the rule. If a party wishes only in determining whether a breach APO’s requirement that the materials to make changes to a document other has occurred, but also in selecting an received under the APO be returned or than bracketing, such as typographical appropriate response. In determining destroyed and that a certificate be filed changes or other corrections, the party the appropriate response, the indicating which action was taken after must ask for an extension of time to file Commission generally considers the termination of the investigation or an amended document pursuant to mitigating factors such as the any subsequent appeals of the section 201.14(b)(2) of the Commission’s unintentional nature of the breach, the Commission’s determination. The rules. lack of prior breaches committed by the dissemination of BPI/CBI usually occurs II. Investigations of Alleged APO breaching party, the corrective measures as the result of failure to delete BPI/CBI Breaches taken by the breaching party, and the from public versions of documents filed promptness with which the breaching with the Commission or transmission of Upon finding evidence of an APO party reported the violation to the proprietary versions of documents to breach or receiving information that Commission. The Commission also unauthorized recipients. Other breaches there is a reason to believe one has considers aggravating circumstances, have included the failure to bracket occurred, the Commission Secretary especially whether persons not under properly BPI/CBI in proprietary notifies relevant offices in the agency the APO actually read the BPI/CBI. The documents filed with the Commission, that an APO breach investigation has Commission considers whether there the failure to report immediately known commenced and that an APO breach have been prior breaches by the same violations of an APO, and the failure to investigation file has been opened. person or persons in other adequately supervise non-lawyers in the Upon receiving notification from the investigations and multiple breaches by handling of BPI/CBI. Secretary, the Office of the General the same person or persons in the same Occasionally, the Commission Counsel (‘‘OGC’’) prepares a letter of investigation. conducts APOB investigations that inquiry to be sent to the possible The Commission’s rules permit an involve members of a law firm or breacher over the Secretary’s signature economist or consultant to obtain access consultants working with a firm who to ascertain the possible breacher’s to BPI/CBI under the APO in a title VII were granted access to APO materials by views on whether a breach has or safeguard investigation if the the firm although they were not APO occurred.1 If, after reviewing the economist or consultant is under the signatories. In many of these cases, the direction and control of an attorney firm and the person using the BPI 1 Procedures for inquiries to determine whether a under the APO, or if the economist or mistakenly believed an APO application prohibited act such as a breach has occurred and had been filed for that person. The for imposing sanctions for violation of the consultant appears regularly before the provisions of a protective order issued during Commission determined in all of these NAFTA panel or committee proceedings are set out are initially conducted by the Commission’s Office cases that the person who was a non- in 19 CFR 207.100–207.120. Those investigations of Unfair Import Investigations. signatory, and therefore did not agree to

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be bound by the APO, could not be contained CBI from a section 337 breach the two associates were involved found to have breached the APO. Action investigation in connection with a in within the two-year period generally could be taken against these persons, parallel proceeding in the federal examined by the Commission for the however, under Commission rule 201.15 district court and provided, as directed purpose of determining sanctions. The (19 CFR 201.15) for good cause shown. by the partner, citations to those only aggravating factor was that In all cases in which action was taken, transcripts to a non-signatory of the someone other than the associates’ firm the Commission decided that the non- APO. The Commission also found that discovered and reported the breach. signatory was a person who appeared the partner responsible for this first The Commission also decided that regularly before the Commission and breach also committed a second breach two additional associates who were was aware of the requirements and by providing to a non-signatory a signatories to the APO, including the limitations related to APO access and partially redacted deposition transcript associate who performed the research, should have verified his or her APO that had been designated as confidential were not responsible for a breach of the status before obtaining access to and and should have been treated as APO. using the BPI. The Commission notes confidential in its entirety pending Case 2: One lead attorney and a legal that section 201.15 may also be declassification by consent of the parties secretary under her supervision failed to available to issue sanctions to attorneys or pursuant to the Commission’s rules. delete fully all BPI in the public version or agents in different factual Moreover, the record is not clear that of a post-hearing brief which was circumstances in which they did not the attorney had removed all of the CBI available on the Commission’s technically breach the APO, but when from the transcript before providing it to Electronic Document Information their actions or inactions did not the non-signatory. System (EDIS) for five days. demonstrate diligent care of the APO After giving consideration to the Additionally, the attorney failed to materials even though they appeared mitigating factor that the partner had provide an Acknowledgement for regularly before the Commission and not been found liable for an APO breach Clerical Personnel signed by the were aware of the importance the within the last two years, the secretary, thereby allowing the Commission placed on the care of APO Commission decided to sanction the secretary, as an individual not subject to materials. partner and issue a private letter of the APO, access to BPI. Counsel have been cautioned to be reprimand rather than a warning The Commission issued a private certain that each authorized applicant because of the presence of aggravating letter of reprimand to the attorney. In files within 60 days of the completion factors. The Commission determined reaching this decision, the Commission of an import injury investigation or at that both breaches were intentional. The considered as mitigating circumstances the conclusion of judicial or binational partner deliberately released to a non- that the breach was unintentional and the attorney had no prior violations of review of the Commission’s signatory a deposition transcript that an APO within the past two years, the determination a certificate that to his or should have been treated as confidential period normally considered by the her knowledge and belief all copies of in its entirety unless the content was Commission in sanctions BPI/CBI have been returned or declassified by following the procedures determinations. The Commission destroyed and no copies of such in the Commission’s rules for disagreed with the attorney’s argument material have been made available to challenging the classification of that the stressful state of her office, in any person to whom disclosure was not documents. In addition, the partner which there were multiple filings specifically authorized. This specifically instructed his associates to scheduled for that same day, should be requirement applies to each attorney, review transcripts of affidavits from the considered a mitigating circumstance, consultant, or expert in a firm who has section 337 investigation and to provide citations from the transcripts to a non- noting that the attorney is a partner in been granted access to BPI/CBI. One the law firm and, therefore, had some firm-wide certificate is insufficient. This signatory for use in a federal district court case. In addition, the breaches responsibility for the stressful state of same information is also being added to her office. The Commission also notifications sent to new APO were brought to the attention of the Commission by someone other than the considered three aggravating applicants. circumstances. First, since there was no In addition, attorneys who are partner’s firm. The Commission issued a warning signed Acknowledgement for Clerical signatories to the APO representing letter to the two associates after giving Personnel, the legal secretary was a non- clients in a section 337 investigation due consideration to several mitigating signatory to the APO who had full should send a notice to the Commission factors and one aggravating factor. The access to the document containing the if they stop participating in the Commission determined their breach to BPI. In addition, the Commission investigation or the subsequent appeal be unintentional because both attorneys assumed that non-signatories other than of the Commission’s determination. The had misgivings about reviewing the the legal secretary had access to and notice should inform the Commission transcripts for a purpose other than for read BPI because the attorney on several about the disposition of CBI obtained the section 337 investigation and occasions failed to answer directly the under the APO that was in their communicated those misgivings to the question whether anyone, other than a possession or they could be held partner. They only reviewed the signatory to the APO, had access to the responsible for any failure of their transcripts and provided citations to the APO; the BPI was publicly available on former firm to return or destroy the CBI transcripts to a non-signatory for use in EDIS for five days; and the document in an appropriate manner. a federal district court case at the containing BPI had been served on an III. Specific Investigations direction of the partner after another attorney who was on the public service associate, who was also a signatory to list but not the APO service list. Second, APO Breach Investigations the APO, researched the question and the Commission found that the Case 1: The Commission determined advised they would not violate the APO attorney’s failure to comply with the that two associates and a partner by following the partner’s directions. In APO by making sure that all clerical breached the APO when the associates, addition, no CBI was divulged to any personnel who were given access to the under the direction of the partner, person not subject to the APO as a result BPI signed an Acknowledgement for reviewed deposition transcripts that of their breach and this was the only Clerical Personnel was a separate

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aggravating circumstance. Third, the rule 19 CFR 201.15 another attorney Compensation, and Liability Act fact that the breach was discovered by who was in-house counsel for the party (‘‘CERCLA’’), 42 U.S.C. 9622(d)(2), and Commission staff rather than the filing the complaint and, therefore, was 28 CFR 50.7, notice is hereby given that attorney’s firm was also an aggravating not a signatory to the APO. Although on December 9, 2011, a proposed circumstance. the attorney participated in the drafting Consent Decree in United States of The Commission issued a warning and filing of the complaint, he was not America v. Akzo Nobel Chemicals, Inc., letter to the legal secretary. The subject to the APO and he did not Civil Action No. 1:11–cv–00701–CG–C, Commission found that he did not practice regularly before the was lodged with the United States breach the APO because he had not Commission. The Commission noted District Court for the Southern District signed an Acknowledgement for Clerical that once the attorney became aware of of Alabama, Southern Division. Personnel but that there was good cause the Commission rule treating the names In this action, brought pursuant to to issue the warning letter, pursuant to of alleged breachers as CBI and sections 106(a) and 107 of CERCLA, Commission rule 201.15(a), (19 CFR prohibiting release of those names, he 42 U.S.C. 9606(a) and 9607, the United 201.15(a)), for his failure to redact the promptly attempted to mitigate States seeks injunctive relief to remedy BPI from the law firm’s brief. In disclosure of the CBI. The Commission conditions in connection with the deciding to issue a warning letter rather decided to issue a cautionary letter to release or threatened release of than a sanction, the Commission the attorney advising him that he was hazardous substances into the considered mitigating circumstances not found to have violated the APO but, environment at the Stauffer Chemical such as that the breach was if he intended to practice before the Company Cold Creek Superfund Site unintentional; the secretary had no APO Commission in the future, he needed to and LeMoyne Plants Superfund Site (the breaches in the last two years; he was keep abreast of the Commission’s rules. ‘‘Sites’’), Operable Unit Three, in Mobile under the direction and control of the County, Alabama. The United States attorney; and he had been overloaded APO Breach Investigation in Which No also seeks to recover unreimbursed costs with work on the day of the breach Breach Was Found incurred, and to be incurred, for which had contributed to his failure to Case 1: In the public version of final response activities at the Site. Under the remove all the BPI from the public comments, several attorneys in a law proposed Consent Decree, defendants version of the brief. firm were responsible for failing to agree to undertake remedial work at the Case 3: Attorneys for a party in a bracket information identified by the Site, to reimburse the United States for section 337 investigation that had Commission as CBI. The information all of its past response costs already been terminated filed a was from a Commission staff member’s ($912,913.27), and to pay future costs, complaint in a district court alleging telephone notes and included the relating to Operable Unit Three at the that attorneys from another firm identity of a source. The notes had been Sites. disclosed confidential business released under the APO. Although the The Department of Justice will receive information (CBI) to unauthorized Commission normally considers for a period of thirty (30) days from the persons in breach of the Commission’s telephones notes of conversations and date of this publication comments APO. The complaint named specific the identities of persons contacted by relating to the Consent Decree. attorneys alleged to have disclosed the the Commission staff to be CBI, the Comments should be addressed to the CBI. Although the filing attorneys Commission determined that disclosure Assistant Attorney General, subsequently moved to place the of this information in the public version Environment and Natural Resources complaint under seal, the complaint had of the final comments did not breach the Division, and either emailed to been disseminated on the Internet and APO. The attorneys were able to [email protected] or reported in the legal press before the demonstrate that the information and mailed to P.O. Box 7611, U.S. court could rule on the motion. Department of Justice, Washington, DC the identity of the source were publicly The Commission found that the 20044–7611, and should refer to United available at the time the public version attorneys breached the APO by publicly States of America v. Akzo Nobel of the final comments were filed. The disclosing the identity of the alleged Chemicals, Inc., D.J. Ref. 90–11–2–912/ Commission cautioned the attorneys to breachers in their complaint, and it 2. issued private letters of reprimand to take care in the future when citing to The Consent Decree may be examined them. In reaching this conclusion, the any information released by the at U.S. EPA Region 4, Atlanta Federal Commission considered certain Commission under APO. Center, 61 Forsyth Street, Atlanta, mitigating circumstances such as the By order of the Commission. Georgia 30303. During the public unintentional nature of the breach, the Issued: December 14, 2011. comment period, the Consent Decree, fact that this was the attorneys’ first James R. Holbein, may also be examined on the following breach of a Commission APO, and the Secretary to the Commission. Department of Justice Web site, http:// fact that the attorneys took corrective [FR Doc. 2011–32523 Filed 12–19–11; 8:45 am] www.usdoj.gov/enrd/ action as soon as they discovered the Consent_Decrees.html. A copy of the BILLING CODE 7020–02–P breach. There is one aggravating Consent Decree may also be obtained by circumstance, however, which caused mail from the Consent Decree Library, the Commission to issue a private letter P.O. Box 7611, U.S. Department of DEPARTMENT OF JUSTICE of reprimand instead of a warning letter. Justice, Washington, DC 20044–7611 or Although the attorneys took the Notice of Lodging of Consent Decree by faxing or emailing a request to Tonia corrective action to place the complaint Under the Comprehensive Fleetwood ([email protected]), under seal, that did not prevent the Environmental Response, fax no. (202) 514–0097, phone release of the complaint to the public. Compensation and Liability Act confirmation number (202) 514–1547. In The Commission presumed that the (CERCLA) requesting a copy from the Consent complaint was reviewed by at least one Decree Library, please enclose a check unauthorized person. In accordance with section in the amount of $12.50 (for the Consent The Commission also considered 122(d)(2)(B) of the Comprehensive Decree only) and $64.00 for the Consent whether to sanction under Commission Environmental Response, Decree and all exhibits thereto) (25

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cents per page reproduction cost) Criminal History Record Information The fee study results recommended payable to the U.S. Treasury or, if by (CHRI) checks for noncriminal justice several adjustments to the current user email or fax, forward a check in that purposes. fees, which have been in effect since amount to the Consent Decree Library at October 1, 2007. The FBI independently DATES: Effective Date: This fee is the stated address. reviewed the recommendations, effective March 19, 2012. compared them to current fee Henry Friedman, FOR FURTHER INFORMATION CONTACT: calculations and plans for future Assistant Section Chief, Environmental Christopher L. Enourato, Section Chief, service, and determined that the revised Enforcement Section, Environment and Nat. Resources Management Section, Resources Division. fees were both objectively reasonable Criminal Justice Information Services and in consonance with the underlying [FR Doc. 2011–32478 Filed 12–19–11; 8:45 am] Division, FBI, 1000 Custer Hollow Road, legal authorities. Pursuant to the BILLING CODE 4410–15–P Module E–3, Clarksburg, WV 26306. recommendations of the study, the fees Telephone number (304) 625–2910. for fingerprint-based CHRI checks will SUPPLEMENTARY INFORMATION: DEPARTMENT OF JUSTICE Pursuant be decreased. Note that there will be no to the authority in Public Law 101–515 change in the fee for name-based CHRI Federal Bureau of Investigation as amended, the FBI has established checks for federal agencies specifically user fees for authorized agencies authorized by statute, e.g., pursuant to [Docket No. FBI 150] requesting noncriminal fingerprint- the Security Clearance Information Act, based CHRI checks at 28 CFR 20.31(e). 5 United States Code (U.S.C.) 9101, as FBI Criminal Justice Information The FBI will periodically review the explained at 73 FR 34908. Services Division; Revised User Fee process of fingerprint-based CHRI Schedule The following tables detail the fee checks to determine the proper fee amounts for authorized users requesting AGENCY: Federal Bureau of Investigation amounts that should be collected, and fingerprint-based and name-based CHRI (FBI), Justice. the FBI will publish any resulting fee checks for noncriminal justice purposes, ACTION: Notice. adjustments in the Federal Register. including the difference, if any, from the In accordance with 28 CFR fee schedule previously set out at 75 FR SUMMARY: Pursuant to Title 28, Code of 20.31(e)(2), the fee study employed the 18887. The schedule also sets out the Federal Regulations (CFR), 20.31(e)(3), same methodology as detailed in the fee amounts for volunteers, as explained this notice establishes revised rates for Final Rule (F.R.) establishing the at 75 FR 18752, and Centralized Billing the user fee schedule for authorized process for setting fees (75 FR 18751, Service Providers (CBSPs), as explained users requesting fingerprint-based April 13, 2010). at 75 FR 18753.

FINGERPRINT-BASED CHRI CHECKS

Fee currently in Service Fee currently effect for Change in fee Revised fee Revised fee in Effect CBSPs amount for CBSPs

Electronic Submission ...... $19.25 $17.25 ($2.75) $16.50 $14.50 Electronic In/Manual Out Submission ...... 26.00 24.00 (2.75) 23.25 21.25 Manual Submission...... 30.25 28.25 (2.75) 27.50 25.50 Volunteer Submission ...... 15.25 13.25 (.25) 15.00 13.00

NAME–BASED CHRI CHECKS

Fee currently Change in fee Service in effect amount Revised fee

Electronic Submission ...... $2.25 0 $2.25 Manual Submission ...... 6.00 0 6.00

This new fee schedule will become DEPARTMENT OF LABOR Demonstration Project,’’ to the Office of effective March 19, 2012. Management and Budget (OMB) for Office of the Secretary Dated: September 30, 2011. review and approval for use in accordance with the Paperwork Robert S. Mueller, III, Agency Information Collection Reduction Act (PRA) of 1995 (44 U.S.C. Director. Activities; Submission for OMB 3501 et seq.). Review; Comment Request; Evaluation [FR Doc. 2011–32544 Filed 12–19–11; 8:45 am] DATES: Submit comments on or before of the Young Parents Demonstration BILLING CODE 4410–02–P January 19, 2012. Project ADDRESSES: A copy of this ICR with ACTION: Notice. applicable supporting documentation; including a description of the likely SUMMARY: The Department of Labor respondents, proposed frequency of (DOL) is submitting the Employment response, and estimated total burden and Training Administration (ETA) may be obtained from the RegInfo.gov sponsored information collection Web site, http://www.reginfo.gov/ request (ICR) proposal titled, public/do/PRAMain, on the day ‘‘Evaluation of the Young Parents following publication of this notice or

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by contacting Michel Smyth by additional information, see the related Indicators (SEI), pursuant to NSF telephone at (202) 693–4129 (this is not notice published in the Federal Register regulations (45 CFR part 614), the a toll-free number) or sending an email on March 15, 2011 (76 FR 14099). National Science Foundation Act, as to [email protected]. Interested parties are encouraged to amended (42 U.S.C. 1862n–5), and the Submit comments about this request send comments to the OMB, Office of Government in the Sunshine Act (5 to the Office of Information and Information and Regulatory Affairs at U.S.C. 552b), hereby gives notice in Regulatory Affairs, Attn: OMB Desk the address shown in the ADDRESSES regard to the scheduling of a Officer for the Department of Labor, section within 30 days of publication of teleconference for the transaction of Employment and Training this notice in the Federal Register. In National Science Board business and Administration (ETA), Office of order to help ensure appropriate other matters specified, as follows: Management and Budget, Room 10235, consideration, comments should DATE AND TIME: December 21, 2011, Washington, DC 20503, Telephone: mention OMB ICR Reference Number 9:30–10:30 a.m. EST. (202) 395–6929/Fax: (202) 395–6881 201109–1205–002. The OMB is SUBJECT MATTER: (1) Discussion of the (these are not toll-free numbers), email: particularly interested in comments revised Companion piece to Science and [email protected]. that: Engineering Indicators 2012; (2) • Evaluate whether the proposed FOR FURTHER INFORMATION CONTACT: Consideration of the Companion piece collection of information is necessary Contact Michel Smyth by telephone at for recommendation for Board approval for the proper performance of the (202) 693–4129 (this is not a toll-free subject to final edits; (3) Next steps for functions of the agency, including number) or by email at the Committee. [email protected]. whether the information will have practical utility; STATUS: Open. SUPPLEMENTARY INFORMATION: • Evaluate the accuracy of the LOCATION: This meeting will be held by Information collected under this agency’s estimate of the burden of the teleconference at the National Science proposed ICR would be used to evaluate proposed collection of information, Board Office, National Science the efficacy of the Young Parents including the validity of the Foundation, 4201 Wilson Blvd., Demonstration Project (YPDP), a grant methodology and assumptions used; Arlington, VA 22230. A public listening program designed to provide • Enhance the quality, utility, and room will be available for this educational and occupational skills clarity of the information to be teleconference meeting. All visitors training that fosters family economic collected; and must contact the Board Office [call (703) self-sufficiency to young parents (both • Minimize the burden of the 292–7000 or send an email message to mothers and fathers) and expectant collection of information on those who [email protected]] at least 24 parents ages 16–24, including, as are to respond, including through the hours prior to the teleconference for the applicable, those in high-risk categories use of appropriate automated, public room number and to arrange for such as victims of child abuse, children electronic, mechanical, or other a visitor’s badge. All visitors must report of incarcerated parents, court-involved technological collection techniques or to the NSF visitor desk located in the youth, youth at risk of court other forms of information technology, lobby at the 9th and N. Stuart Streets involvement, homeless and runaway e.g., permitting electronic submission of entrance on the day of the youth, Native American youth, migrant responses. teleconference to receive a visitor’s youth, youth in or aging out of foster Agency: Employment and Training badge. care, and youth with disabilities. YPDP Administration (ETA). UPDATES AND POINT OF CONTACT: Please grantees are required to develop a Title of Collection: Evaluation of the mentoring model, which includes an refer to the National Science Board Web Young Parents Demonstration Project. site www.nsf.gov/nsb for additional intensive professional staff mentoring OMB ICR Reference Number: 201109– information and schedule updates (time, specifically for education, employment, 1205–002. and training and specifically for Affected Public: Private Sector—Not- place, subject matter or status of pregnant and parenting teens and young for-profit institutions and Individuals or meeting) may be found at http:// parents. Grantees are to implement this Households. www.nsf.gov/nsb/notices/. Point of intervention as an additional level of Total Estimated Number of contact for this meeting is: Matthew B. services above and beyond the existing Respondents: 4,722. Wilson, National Science Board Office, services they currently provide that are Total Estimated Number of 4201Wilson Blvd., Arlington, VA 22230. specifically intended to increase an Responses: 12,442. Telephone: (703) 292–7000. individual’s education, job training and Total Estimated Annual Burden Ann Bushmiller, employment. Hours: 2,527. Senior Counsel to the National Science Board. This information collection is subject Total Estimated Annual Other Costs [FR Doc. 2011–32659 Filed 12–16–11; 4:15 pm] to the PRA. A Federal agency generally Burden: $0. BILLING CODE 7555–01–P cannot conduct or sponsor a collection Dated: December 14, 2011. of information, and the public is Michel Smyth, generally not required to respond to an Departmental Clearance Officer. information collection, unless it is NUCLEAR REGULATORY [FR Doc. 2011–32423 Filed 12–19–11; 8:45 am] approved by the OMB under the PRA COMMISSION BILLING CODE 4510–FN–P and displays a currently valid OMB Advisory Committee on Reactor Control Number. In addition, Safeguards (ACRS); Meeting of the notwithstanding any other provisions of NATIONAL SCIENCE FOUNDATION ACRS Subcommittee on Planning and law, no person shall generally be subject Procedures; Notice of Meeting to penalty for failing to comply with a National Science Board; Sunshine Act collection of information if the Meetings; Notice The ACRS Subcommittee on Planning collection of information does not and Procedures will hold a meeting on display a valid OMB Control Number. The National Science Board’s January 18, 2012, Room T–2B1, 11545 See 5 CFR 1320.5(a) and 1320.6. For Committee on Science and Engineering Rockville Pike, Rockville, Maryland.

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The entire meeting will be open to security, please contact Mr. Theron disabilities where appropriate. If you public attendance, with the exception of Brown (Telephone (240) 888–9835) to need a reasonable accommodation to a portion that may be closed pursuant be escorted to the meeting room. participate in these public meetings, or to 5 U.S.C. 552b(c)(2) and (6) to discuss Dated: December 14, 2011. need this meeting notice or the organizational and personnel matters Cayetano Santos, transcript or other information from the that relate solely to the internal public meetings in another format (e.g. personnel rules and practices of the Chief, Reactor Safety Branch, Advisory Committee on Reactor Safeguards. braille, large print), please notify Bill ACRS, and information the release of Dosch, Chief, Work Life and Benefits which would constitute a clearly [FR Doc. 2011–32516 Filed 12–19–11; 8:45 am] Branch, at (301) 415–6200, TDD: (301) unwarranted invasion of personal BILLING CODE 7590–01–P 415–2100, or by email at privacy. [email protected]. Determinations The agenda for the subject meeting on requests for reasonable shall be as follows: NUCLEAR REGULATORY COMMISSION accommodation will be made on a case- Wednesday, January 18, 2012—10:30 by-case basis. a.m. until 11:30 a.m. Sunshine Federal Register; Notice This notice is distributed electronically to subscribers. If you no The Subcommittee will discuss AGENCY HOLDING THE MEETINGS: Nuclear longer wish to receive it, or would like proposed ACRS activities and related Regulatory Commission, [NRC–2011– to be added to the distribution, please matters. The Subcommittee will gather 0006]. contact the Office of the Secretary, information, analyze relevant issues and DATE: Washington, DC 20555 ((301) 415– facts, and formulate proposed positions Weeks of December 19, 26, 2011, January 2, 9, 16, 23, 2012. 1969), or send an email to and actions, as appropriate, for [email protected]. deliberation by the Full Committee. PLACE: Commissioners’ Conference Members of the public desiring to Room, 11555 Rockville Pike, Rockville, Dated: December 15, 2011. provide oral statements and/or written Maryland. Rochelle C. Bavol, comments should notify the Designated STATUS: Public and Closed. Policy Coordinator, Office of the Secretary. Federal Official (DFO), Mr. Antonio F. Week of December 19, 2011 [FR Doc. 2011–32623 Filed 12–16–11; 4:15 pm] Dias (Telephone (301) 415–6805 or BILLING CODE 7590–01–P Email: [email protected]) five days There are no meetings scheduled for prior to the meeting, if possible, so that the week of December 19, 2011. appropriate arrangements can be made. Week of December 26, 2011—Tentative NUCLEAR REGULATORY Thirty-five hard copies of each COMMISSION presentation or handout should be There are no meetings scheduled for provided to the DFO thirty minutes the week of December 26, 2011. Sunshine Federal Register Notice before the meeting. In addition, one Week of January 2, 2012—Tentative electronic copy of each presentation AGENCY HOLDING THE MEETINGS: Nuclear should be emailed to the DFO one day There are no meetings scheduled for Regulatory Commission, [NRC–2011– before the meeting. If an electronic copy the week of January 2, 2012. 0006]. cannot be provided within this Week of January 9, 2012—Tentative DATE: Week of December 19, 2011. timeframe, presenters should provide PLACE: Commissioners’ Conference the DFO with a CD containing each Wednesday, January 11, 2012 Room, 11555 Rockville Pike, Rockville, presentation at least thirty minutes 1 p.m. Briefing on Proposed Rule to Maryland. before the meeting. Electronic Revise the Environmental Review STATUS: Public and Closed. recordings will be permitted only for Renewal of Nuclear Power Plant ADDITIONAL ITEMS TO BE CONSIDERED: during those portions of the meeting Operating Licenses (Part 51) (Public that are open to the public. Detailed Meeting) (Contact: Jeremy Susco, Week of December 19, 2011 procedures for the conduct of and (301) 415–2927). Thursday, December 22, 2011 participation in ACRS meetings were This meeting will be webcast live at published in the Federal Register on the Web address—www.nrc.gov. 10:25 a.m. Affirmation Session (Public October 17, 2011, (76 FR 64127–64128). Meeting) (Tentative); Information regarding topics to be Week of January 16, 2012—Tentative a. Final Rule: AP1000 Design discussed, changes to the agenda, There are no meetings scheduled for Certification Amendment whether the meeting has been canceled the week of January 16, 2012. (Tentative), or rescheduled, and the time allotted to b. Entergy Nuclear Operations, Inc. present oral statements can be obtained Week of January 23, 2012—Tentative (Indian Point Nuclear Generating from the Web site cited above or by There are no meetings scheduled for Units 2 and 3), Applicant’s Petition contacting the identified DFO. the week of January 23, 2012. for Review of LBP–11–17 Granting Moreover, in view of the possibility that * The schedule for Commission Summary Disposition of the schedule for ACRS meetings may be meetings is subject to change on short Consolidated Contention NYS–35/ adjusted by the Chairman as necessary notice. To verify the status of meetings, 36 (July 29, 2011) (Tentative), to facilitate the conduct of the meeting, call (recording)—(301) 415–1292. c. U.S. Department of Energy (High- persons planning to attend should check Contact person for more information: Level Waste Repository), Docket with these references if such Rochelle Bavol, (301) 415–1651. No. 63–001–HLW, Timbisha rescheduling would result in a major The NRC Commission Meeting Shoshone Tribal Council Petition inconvenience. Schedule can be found on the Internet for Review of September 28, 2011, If attending this meeting, please enter at: http://www.nrc.gov/public-involve/ Board Decision (Tentative). through the One White Flint North public-meetings/schedule.html. * The schedule for Commission building, 11555 Rockville Pike, The NRC provides reasonable meetings is subject to change on short Rockville, MD. After registering with accommodation to individuals with notice. To verify the status of meetings,

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call (recording)—(301) 415–1292. online/login.aspx. Commenters who supporting material on its Web site at Contact person for more information: cannot submit their views electronically http://www.prc.gov. Additional filings Rochelle Bavol, (301) 415–1651. should contact the person identified in in this case and participant’s The NRC Commission Meeting the FOR FURTHER INFORMATION CONTACT submissions also will be posted on the Schedule can be found on the Internet section as the source for case-related Web site, if provided in electronic at: www.nrc.gov/about-nrc/policy- information for advice on alternatives to format or amenable to conversion, and making/schedule.html. electronic filing. not subject to a valid protective order. The NRC provides reasonable FOR FURTHER INFORMATION CONTACT: Information on how to use the accommodation to individuals with Stephen L. Sharfman, General Counsel, Commission’s Web site is available disabilities where appropriate. If you at (202) 789–6820 (case-related online or by contacting the need a reasonable accommodation to information) or [email protected] Commission’s webmaster via telephone participate in these public meetings, or (electronic filing assistance). at (202) 789–6873 or via electronic mail need this meeting notice or the SUPPLEMENTARY INFORMATION: Notice is at [email protected]. transcript or other information from the hereby given that, pursuant to 39 U.S.C. The appeal and all related documents public meetings in another format (e.g. 404(d), the Commission received two are also available for public inspection braille, large print), please notify Bill petitions for review of the Postal in the Commission’s docket section. Dosch, Chief, Work Life and Benefits Service’s determination to close the Docket section hours are 8 a.m. to 4:30 Branch, at (301) 415–6200, TDD: (301) Mount Union post office in Mount p.m., Eastern Time, Monday through 415–2100, or by email at Union, Iowa. The first petition for Friday, except on Federal government [email protected]. Determinations review received November 29, 2011, holidays. Docket section personnel may on requests for reasonable was filed by Ben B. Johnson. The second be contacted via electronic mail at prc- accommodation will be made on a case- petition for review received November [email protected] or via telephone at by-case basis. 29, 2011, was filed by Amanda Mullin. (202) 789–6846. This notice is distributed The earliest postmark date is November Filing of documents. All filings of electronically to subscribers. If you no 17, 2011. The Commission hereby documents in this case shall be made longer wish to receive it, or would like institutes a proceeding under 39 U.S.C. using the Internet (Filing Online) to be added to the distribution, please 404(d)(5) and establishes Docket No. pursuant to Commission rules 9(a) and contact the Office of the Secretary, A2012–84 to consider Petitioners’ 10(a) at the Commission’s Web site, Washington, DC 20555 ((301) 415– appeal. If Petitioners would like to http://www.prc.gov, unless a waiver is 1969), or send an email to further explain their position with obtained. See 39 CFR 3001.9(a) and [email protected]. supplemental information or facts, 3001.10(a). Instructions for obtaining an Dated: December 15, 2011. Petitioners may either file a Participant account to file documents online may be Rochelle C. Bavol, Statement on PRC Form 61 or file a brief found on the Commission’s Web site, http://www.prc.gov, or by contacting the Policy Coordinator, Office of the Secretary. with the Commission no later than Commission’s docket section at prc- [FR Doc. 2011–32625 Filed 12–16–11; 4:15 pm] January 3, 2012. Categories of issues apparently raised. [email protected] or via telephone at BILLING CODE 7590–01–P Petitioners contend that (1) the Postal (202) 789–6846. Service failed to consider the effect of Commission reserves the right to the closing on the community (see 39 redact personal information which may POSTAL REGULATORY COMMISSION U.S.C. 404(d)(2)(A)(i)); (2) the Postal infringe on an individual’s privacy [Docket No. A2012–84; Order No. 1040] Service failed to consider whether or rights from documents filed in this not it will continue to provide a proceeding. Post Office Closing maximum degree of effective and Intervention. Persons, other than the regular postal services to the community Petitioners and respondents, wishing to AGENCY: Postal Regulatory Commission. (see 39 U.S.C. 404(d)(2)(A)(iii)); (3) the be heard in this matter are directed to ACTION: Notice. Postal Service failed to adequately file a notice of intervention. See 39 CFR consider the economic savings resulting 3001.111(b). Notices of intervention in SUMMARY: This document informs the from the closure (see 39 U.S.C. this case are to be filed on or before public that an appeal of the closing of 404(d)(2)(A)(iv)). January 9, 2012. A notice of intervention the Mount Union, Iowa post office has After the Postal Service files the shall be filed using the Internet (Filing been filed. It identifies preliminary administrative record and the Online) at the Commission’s Web site, steps and provides a procedural Commission reviews it, the Commission http://www.prc.gov, unless a waiver is schedule. Publication of this document may find that there are more legal issues obtained for hardcopy filing. See 39 CFR will allow the Postal Service, than those set forth above, or that the 3001.9(a) and 3001.10(a). petitioners, and others to take Postal Service’s determination disposes Further procedures. By statute, the appropriate action. of one or more of those issues. The Commission is required to issue its DATES: Deadline for notices to intervene: deadline for the Postal Service to file the decision within 120 days from the date January 9, 2012, 4:30 p.m., Eastern applicable administrative record is it receives the appeal. See 39 U.S.C. Time. See the Procedural Schedule in within 15 days after the date in which 404(d)(5). A procedural schedule has the SUPPLEMENTARY INFORMATION section the petition for review was filed with been developed to accommodate this for other dates of interest. the Commission. See 39 CFR 3001.113. statutory deadline. In the interest of ADDRESSES: Submit comments In addition, the due date for any expedition, in light of the 120-day electronically by accessing the ‘‘Filing responsive pleading by the Postal decision schedule, the Commission may Online’’ link in the banner at the top of Service is also within 15 days after the request the Postal Service or other the Commission’s Web site (http:// date in which the petition for review participants to submit information or www.prc.gov) or by directly accessing was filed with the Commission. memoranda of law on any appropriate the Commission’s Filing Online system Availability; Web site posting. The issue. As required by Commission rules, at https://www.prc.gov/prc-pages/filing- Commission has posted the appeal and if any motions are filed, responses are

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due 7 days after any such motion is Commission (Public Representative) to Procedural Schedule in the Federal filed. See 39 CFR 3001.21. represent the interests of the general Register It is ordered: public. 1. The procedural schedule listed By the Commission. 3. The Secretary shall arrange for below is hereby adopted. Shoshana M. Grove, 2. Pursuant to 39 U.S.C. 505, Robert publication of this notice and order and Secretary. N. Sidman is designated officer of the

PROCEDURAL SCHEDULE

November 29, 2011 ...... Filing of Appeal. December 14, 2011 ...... Deadline for the Postal Service to file the applicable administrative record in this appeal. December 14, 2011 ...... Deadline for the Postal Service to file any responsive pleading. January 9, 2012 ...... Deadline for notices to intervene (see 39 CFR 3001.111(b)). January 3, 2012 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). January 23, 2012 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). February 7, 2012 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). February 14, 2012 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argu- ment only when it is a necessary addition to the written filings (see 39 CFR 3001.116). March 16, 2012 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

[FR Doc. 2011–32415 Filed 12–19–11; 8:45 am] 404(d), on November 29, 2011, the in this case and participant’s BILLING CODE 7710–FW–P Commission received a petition for submissions also will be posted on the review of the Postal Service’s Web site, if provided in electronic determination to close the Milan post format or amenable to conversion, and POSTAL REGULATORY COMMISSION office in Milan, Kansas. The petition for not subject to a valid protective order. [Docket No. A2012–85; Order No. 1041] review was filed by Michele Norris Information on how to use the (Petitioner) and is postmarked Commission’s Web site is available Post Office Closing November 18, 2011. The Commission online or by contacting the hereby institutes a proceeding under 39 Commission’s webmaster via telephone AGENCY: Postal Regulatory Commission. U.S.C. 404(d)(5) and establishes Docket at (202) 789–6873 or via electronic mail ACTION: Notice. No. A2012–85 to consider Petitioner’s at [email protected]. appeal. If Petitioner would like to The appeal and all related documents SUMMARY: This document informs the further explain her position with are also available for public inspection public that an appeal of the closing of supplemental information or facts, in the Commission’s docket section. the Milan, Kansas post office has been Petitioner may either file a Participant Docket section hours are 8 a.m. to 4:30 filed. It identifies preliminary steps and Statement on PRC Form 61 or file a brief p.m., Eastern Time, Monday through provides a procedural schedule. with the Commission no later than Friday, except on Federal government Publication of this document will allow January 3, 2012. holidays. Docket section personnel may the Postal Service, petitioners, and Categories of issues apparently raised. be contacted via electronic mail at prc- others to take appropriate action. The Petitioner contends that the Postal [email protected] or via telephone at DATES: Deadline for notices to intervene: Service failed to consider whether or (202) 789–6846. Filing of documents. All filings of January 9, 2012, 4:30 p.m., Eastern not it will continue to provide a documents in this case shall be made Time. See the Procedural Schedule in maximum degree of effective and using the Internet (Filing Online) the SUPPLEMENTARY INFORMATION section regular postal services to the community pursuant to Commission rules 9(a) and for other dates of interest. (see 39 U.S.C. 404(d)(2)(A)(iii)). 10(a) at the Commission’s Web site, ADDRESSES: Submit comments After the Postal Service files the electronically by accessing the ‘‘Filing http://www.prc.gov, unless a waiver is administrative record and the obtained. See 39 CFR 3001.9(a) and Online’’ link in the banner at the top of Commission reviews it, the Commission the Commission’s Web site (http:// 3001.10(a). Instructions for obtaining an may find that there are more legal issues account to file documents online may be www.prc.gov) or by directly accessing than those set forth above, or that the the Commission’s Filing Online system found on the Commission’s Web site, Postal Service’s determination disposes http://www.prc.gov, or by contacting the at https://www.prc.gov/prc-pages/filing- of one or more of those issues. The online/login.aspx. Commenters who Commission’s docket section at prc- deadline for the Postal Service to file the [email protected] or via telephone at cannot submit their views electronically applicable administrative record is should contact the person identified in (202) 789–6846. within 15 days after the date in which Commission reserves the right to the FOR FURTHER INFORMATION CONTACT the petition for review was filed with redact personal information which may section as the source for case-related the Commission. See 39 CFR 3001.113. infringe on an individual’s privacy information for advice on alternatives to In addition, the due date for any rights from documents filed in this electronic filing. responsive pleading by the Postal proceeding. FOR FURTHER INFORMATION CONTACT: Service is also within 15 days after the Intervention. Persons, other than the Stephen L. Sharfman, General Counsel, date in which the petition for review Petitioners and respondents, wishing to at (202) 789–6820 (case-related was filed with the Commission. be heard in this matter are directed to information) or [email protected] Availability; Web site posting. The file a notice of intervention. See 39 CFR (electronic filing assistance). Commission has posted the appeal and 3001.111(b). Notices of intervention in SUPPLEMENTARY INFORMATION: Notice is supporting material on its Web site at this case are to be filed on or before hereby given that, pursuant to 39 U.S.C. http://www.prc.gov. Additional filings January 9, 2012. A notice of intervention

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shall be filed using the Internet (Filing expedition, in light of the 120-day 2. Pursuant to 39 U.S.C. 505, Patricia Online) at the Commission’s Web site, decision schedule, the Commission may A. Gallagher is designated officer of the http://www.prc.gov, unless a waiver is request the Postal Service or other Commission (Public Representative) to obtained for hardcopy filing. See 39 CFR participants to submit information or represent the interests of the general 3001.9(a) and 3001.10(a). memoranda of law on any appropriate public. Further procedures. By statute, the issue. As required by Commission rules, 3. The Secretary shall arrange for Commission is required to issue its if any motions are filed, responses are publication of this notice and order and decision within 120 days from the date due 7 days after any such motion is Procedural Schedule in the Federal filed. See 39 CFR 3001.21. Register. it receives the appeal. See 39 U.S.C. 404(d)(5). A procedural schedule has It is ordered: By the Commission. been developed to accommodate this 1. The procedural schedule listed Shoshana M. Grove, statutory deadline. In the interest of below is hereby adopted. Secretary.

PROCEDURAL SCHEDULE

November 29, 2011 ...... Filing of Appeal. December 14, 2011 ...... Deadline for the Postal Service to file the applicable administrative record in this appeal. December 14, 2011 ...... Deadline for the Postal Service to file any responsive pleading. January 9, 2012 ...... Deadline for notices to intervene (see 39 CFR 3001.111(b)). January 3, 2012 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). January 23, 2012 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). February 7, 2012 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). February 14, 2012 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argu- ment only when it is a necessary addition to the written filings (see 39 CFR 3001.116). March 16, 2012 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

[FR Doc. 2011–32416 Filed 12–19–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: instructed the Commission to explain its BILLING CODE 7710–FW–P Stephen L. Sharfman, General Counsel, departure from its findings in Phase I of at (202) 789–6820 (case-related this proceeding in three respects: (1) information) or [email protected] The classification of the licensing of POSTAL REGULATORY COMMISSION (electronic filing assistance). intellectual property for use on Mailing [Docket No. MC2008–1 (Phase IIR); Order SUPPLEMENTARY INFORMATION: Regulatory and Shipping products as nonpostal; (2) No. 1043] History, 72 FR 73909 (December 28, the public need for licensing the Postal 2007); 74 FR 2636 (January 15, 2009). Service’s intellectual property for use on Review of Nonpostal Services Mailing and Shipping products; and (3) Table of Contents the private sector’s ability to meet that AGENCY: Postal Regulatory Commission. I. Introduction need. In this order, the Commission ACTION: Notice. II. Consideration of Issues on Remand establishes procedures to address the III. Procedures on Remand issues on remand. SUMMARY: The Commission is IV. Ordering Paragraphs establishing a docket to consider II. Consideration of Issues on Remand procedures on remand in a case I. Introduction A. Classification of Licensing of Mailing involving licensing of Postal Service and Shipping Products as a Nonpostal intellectual property for use on Mailing On June 7, 2011, the United States Service and Shipping products for sale by Court of Appeals for the District of licensees at non-postal retail outlets. Columbia Circuit issued an opinion in In its brief to the court, LePage’s This notice provides background LePage’s 2000, Inc. and LePage’s argued that the Commission’s failure to information and invites comments. It Products, Inc. v. Postal Regulatory consider whether the licensed products also addresses intervention by persons Commission, No. 10–1031.1 The court it produced for sale at non-Postal who did not participate earlier. granted petitions for review and vacated Service retail outlets were a ‘‘postal 4 DATES: Comments are due: January 13, the Commission’s Order No. 392 in service’’ was arbitrary and capricious. 2 2012. Reply comments are due: January Phase II of Docket No. MC2008–1. The The Commission responded that 23, 2012. court, which issued its remand July 26, LePage’s comparison of its products to 2011, found that the Commission had postal products, such as ReadyPost, was ADDRESSES: Submit comments not adequately justified its findings misplaced because it wrongly focused electronically by accessing the ‘‘Filing regarding the licensing of Postal Service on the sale of its products rather than Online’’ link in the banner at the top of intellectual property for use on Mailing the service offered by the Postal Service, the Commission’s Web site (http:// and Shipping products for sale by i.e., licensing. See LePage’s v. PRC, www.prc.gov) or by directly accessing licensees at non-postal retail outlets.3 It supra, 642 F.3d 231. the Commission’s Filing Online system The court found that ‘‘[t]he at http://www.prc.gov/prc-pages/filing- 1 LePage’s 2000, Inc. v Postal Regulatory Commission may well be correct that online/login.aspx. Persons who cannot Commission, 642 F.3d 225 (DC Cir. 2011) (LePage’s submit their views electronically should v. PRC). Consolidated with Nos. 10–1033, 10–1279, LePage’s licensing agreement, as the Bubblewrap contact the person identified in the FOR and 10–1294. program. LePage’s v. PRC at 226. This order uses 2 FURTHER INFORMATION CONTACT section Phase II Review of Nonpostal Services Under the term ‘‘Mailing and Shipping products’’. the Postal Accountability and Enhancement Act, 4 as the source for case-related Brief for Petitioners LePage’s 2000, Inc. and January 14, 2010, Order No. 392. LePage’s Products, Inc., Nos. 10–1031, 10–1033, 10– information for advice on alternatives to 3 The court referred to the licensing of third-party 1279, 10–1294 (consolidated), January 29, 2011, at electronic filing. mailing and shipping supplies, which includes 28.

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the crucial distinction is the seller’s In addition, the court addresses but [T]he Commission must assess the activity identity. But whatever the merits of this does not resolve whether, in analyzing the Service offers. In the case of commercial position, we cannot consider it because public need under 39 U.S.C. 404(e)(3), licensing—whether for mailing and shipping the Commission did not set it forth the Commission may consider the supplies or for other products—that activity products manufactured pursuant to the is licensing. Therefore, for the Commission to below.’’ Id. The court held that in Phase review the private sector factor by assessing II, the Commission analysis of the licensing agreement and their potential ability of the private sector to provide similar Mailing and Shipping program focused effect on the market. Before the court, products would bring the Commission into on the products themselves, whereas in LePage’s argued that the Commission conflict not only with the Act, but also [with Phase I, the focus was on the service cannot ‘‘analyze ‘public need’ based on its Phase I conclusion]. being sold by the Postal Service. Id. the predicted economic effects of a Id. at 233–34. Accordingly, the court remanded the product.’’ Id. Finding ‘‘some merit’’ in Interested persons are requested to matter to the Commission ‘‘to explain its LePage’s position, the court stated: address this issue, including specifically departure from the Phase I order and The Act requires the Commission to assess whether, in assessing under section adopt a reasoned rationale for the ‘public need’ for the service ‘offered by’ 404(e)(3) the private sector’s ability to classifying the [mailing and shipping] the Postal Service. Yet the service offered by meet the public need, the Commission program as a ‘nonpostal service.’ ’’ Id. at the Postal Service in the [Mailing and may take into account the purpose of 232. Shipping] program is, of course, the licensing of intellectual property. The Commission’s the product manufactured pursuant to Interested persons are requested to focus on the economic effect of the products the licensing agreement. Stated comment on this issue, including that result from licensing, then, would seem differently, in considering the private specifically whether licensing of to depart from the Act’s plain language. sector’s ability to meet the need for Mailing and Shipping products should Id. (citation omitted; emphasis in Postal Service licensing of its be classified as a postal service or original).9 intellectual property for use on third- nonpostal service. The court concluded its discussion of party consumer goods, is it appropriate B. The Public Need for Licensing of public need by noting that in Phase II to take into account the purpose of Mailing and Shipping Products the Commission, without explanation, licensed consumer good, e.g., items, changed its approach from focusing on such as hats, toys, or key chains, that The court found the Commission’s the service (licensing) to ‘‘assessing the primarily serve a promotional (or finding that there was no public need disadvantages of the [Mailing and novelty) purpose versus items related to for the licensing of Mailing and Shipping] program based only on the Postal Service areas of expertise, such as Shipping products for sale by licensees program’s products.’’ Id. (emphasis in postage meter ink cartridges or mail at nonpostal retail outlets to be flawed. original). preparation supplies, that primarily The court held that the Commission had Interested persons are requested to serve a commercial purpose? not adequately explained why the address, under section 403(e)(3), the benefits ascribed to the Officially issue of public need for licensing of III. Procedures on Remand Licensed Retail Products (OLRP) 5 in Mailing and Shipping products, The Commission establishes Docket Phase I did not also accrue to the including specifically what factors No. MC2008–1 (Phase IIR) to consider Mailing and Shipping program in Phase should be included in the Commission’s issues on remand. Docket Nos. II. Id. at 232. assessment of public need. MC2008–1 (Phase II) and MC2008–1 In Phase I, the Postal Service sought C. The Private Sector Ability To Meet (Phase IIR) are part of the same to continue to license its intellectual the Public Need for Licensing Postal proceeding. Comments are due January 10 property and to offer OLRP products as Service Intellectual Property for Mailing 13, 2012. Reply comments, if any, are a nonpostal service.6 In authorizing that and Shipping Products due January 23, 2012. Comments may nonpostal service to continue, the refer to and rely on evidence received Commission found, inter alia, that the In Phase I, the Commission and arguments made in Docket No. OLRP program leverages the Postal authorized the continuation of MC2008–1 (Phase I) and Docket No. Service brand, enhances its image, and promotional licensing by the Postal MC2008–1 (Phase II). generates revenues to support its core Service. It found that such licensing serves a ‘‘public need which, given the IV. Ordering Paragraphs mission.7 The court stated: ‘‘We do not uniqueness of the activity, cannot be understand why these same benefits It is ordered: met by the private sector.’’ Order No. would not accrue to the [Mailing and 1. The Commission establishes Docket 154 at 73. The court found the Shipping products], which aside from No. MC2008–1 (Phase IIR) to consider Commission’s Phase II conclusion that the seller’s identity, is substantially issues on remand. the private sector could meet the need similar to the [OLRP] program. At the 2. Robert N. Sidman will continue to for the licensing of intellectual property least, the Commission must explain this serve as officer of the Commission for use on Mailing and Shipping differential treatment of seemingly like (Public Representative) to represent the products departed, without explanation, cases.’’ LePage’s v. PRC, 642 F.3d 232.8 interests of the general public in this from its Phase I conclusion ‘‘that proceeding. 5 The court referred to the OLRP program as the commercial licensing could not be met 3. Comments are due, as set forth in ‘‘Bears and Scales program’’. Id. at 228. by the private sector because no entity the body of this order, no later than 6 OLRP products are sold by the Postal Service at other than the Service could license its January 13, 2012. its retail facilities or via its Web site. intellectual property.’’ Id. The court 4. Reply comments, if any, are due no 7 Docket No. MC2008–1, Review of Nonpostal further observed: later than January 23, 2012. Service Under the Postal Accountability and 5. All comments and other documents Enhancement Act, December 19, 2008, at 49 (Order No. 154); affirmed USPS v. Postal Regulatory differently when applied to different aspects of the related to issues on remand shall be Commission, 599 F.3d 705 (DC Cir. 2010). same program.’’ Id. 8 The court also faulted the Commission’s 9 Regarding ‘‘economic impact,’’ the court 10 Interested persons who were not parties to the reliance on certain testimony to reach different ‘‘perceive[d] no explanation of how this concern proceedings in Phase II may seek to intervene by results in Phase I and Phase II. ‘‘The Commission migrated, in Phase II, to the Commission’s ‘public filing a notice of intervention or of limited does not explain how it can read the same evidence need’ inquiry.’’ Id. at 233. participation. See 39 CFR 3001.20 and 3001.20a.

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filed under Docket No. MC2008–1 ADDRESSES: Submit completed loan dated 08/12/2011, is hereby amended to (Phase IIR). applications to: U.S. Small Business include the following areas as adversely 6. The Secretary shall arrange for Administration, Processing And affected by the disaster. publication of this order in the Federal Disbursement Center, 14925 Kingsport Primary Counties: Richardson, Nemaha. Register. Road, Fort Worth, TX 76155. All other information in the original By the Commission. FOR FURTHER INFORMATION CONTACT: A. declaration remains unchanged. Shoshana M. Grove, Escobar, Office of Disaster Assistance, U.S. Small Business Administration, (Catalog of Federal Domestic Assistance Secretary. Numbers 59002 and 59008) [FR Doc. 2011–32428 Filed 12–19–11; 8:45 am] 409 3rd Street SW., Suite 6050, Washington, DC 20416. James E. Rivera, BILLING CODE 7710–FW–P SUPPLEMENTARY INFORMATION: The notice Associate Administrator for Disaster of the President’s major disaster Assistance. SECURITIES AND EXCHANGE declaration for Private Non-Profit [FR Doc. 2011–32480 Filed 12–19–11; 8:45 am] COMMISSION organizations in the State of New Jersey, BILLING CODE 8025–01–P dated 11/30/2011, is hereby amended to Sunshine Act Meeting include the following areas as adversely affected by the disaster. SMALL BUSINESS ADMINISTRATION FEDERAL REGISTER CITATION OF PREVIOUS Primary Counties: Bergen, Middlesex, ANNOUNCEMENT: 76 FR 78054, December Passaic. [Disaster Declaration #12921 and #12922] 15, 2011. All other information in the original STATUS: Closed Meeting. Virginia Disaster Number VA–00040 declaration remains unchanged. PLACE: 100 F Street NE., Washington, AGENCY: U.S. Small Business DC (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Administration. DATE AND TIME OF PREVIOUSLY ANNOUNCED ACTION: Amendment 2. MEETING: Monday, December 19, 2011 at James E. Rivera, 2 p.m. Associate Administrator for Disaster SUMMARY: This is an amendment of the CHANGE IN THE MEETING: Date Change. Assistance. Presidential declaration of a major The Closed Meeting scheduled for [FR Doc. 2011–32479 Filed 12–19–11; 8:45 am] disaster for Public Assistance Only for Monday, December 19, 2011 at 2 p.m., BILLING CODE 8025–01–P the Commonwealth of Virginia has been changed to Tuesday, December (FEMA—4042—DR), dated 11/10/2011. 20, 2011 at 10 a.m. Incident: Earthquake. At times, changes in Commission SMALL BUSINESS ADMINISTRATION Incident Period: 08/23/2011 through priorities require alterations in the [Disaster Declaration #12742 and #12743] 10/25/2011. scheduling of meeting items. For further Effective Date: 12/06/2011. information and to ascertain what, if Nebraska Disaster Number NE–00043 Physical Loan Application Deadline any, matters have been added, deleted Date: 01/09/2012. AGENCY: or postponed, please contact: U.S. Small Business Economic Injury (EIDL) Loan The Office of the Secretary at (202) Administration. Application Deadline Date: 08/10/2012. 551–5400. ACTION: Amendment 1. ADDRESSES: Submit completed loan Dated: December 16, 2011. SUMMARY: This is an amendment of the applications to: U.S. Small Business Kevin M. O’Neill, Presidential declaration of a major Administration, Processing And Deputy Secretary. disaster for Public Assistance Only for Disbursement Center, 14925 Kingsport [FR Doc. 2011–32601 Filed 12–16–11; 11:15 am] the State of Nebraska (FEMA–4013–DR), Road, Fort Worth, TX 76155. BILLING CODE 8011–01–P dated 08/12/2011. FOR FURTHER INFORMATION CONTACT: A. Incident: Flooding. Escobar, Office of Disaster Assistance, Incident Period: 05/24/2011 through U.S. Small Business Administration, SMALL BUSINESS ADMINISTRATION 08/01/2011. 409 3rd Street SW., Suite 6050, Effective Date: 12/12/2011. Washington, DC 20416. [Disaster Declaration #12951 and #12952] Physical Loan Application Deadline SUPPLEMENTARY INFORMATION: The notice New Jersey Disaster Number NJ–00030 Date: 10/11/2011. of the President’s major disaster Economic Injury (EIDL) Loan declaration for Private Non-Profit AGENCY: U.S. Small Business Application Deadline Date: 05/14/2012. organizations in the Commonwealth of Administration. ADDRESSES: Submit completed loan Virginia, dated 11/10/2011, is hereby ACTION: Amendment 1. applications to: U.S. Small Business amended to include the following areas Administration, Processing And as adversely affected by the disaster. SUMMARY: This is an amendment of the Disbursement Center, 14925 Kingsport Primary Area: Fredericksburg City. Presidential declaration of a major Road, Fort Worth, TX 76155. disaster for Public Assistance Only for All other information in the original the State of New Jersey (FEMA–4048– FOR FURTHER INFORMATION CONTACT: A. declaration remains unchanged. DR), dated 11/30/2011. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, (Catalog of Federal Domestic Assistance Incident: Severe Storm. Numbers 59002 and 59008) Incident Period: 10/29/2011. 409 3rd Street SW., Suite 6050, Effective Date: 12/12/2011. Washington, DC 20416. James E. Rivera, Physical Loan Application Deadline SUPPLEMENTARY INFORMATION: The notice Associate Administrator for Disaster Date: 01/30/2012. of the President’s major disaster Assistance. Economic Injury (EIDL) Loan declaration for Private Non-Profit [FR Doc. 2011–32481 Filed 12–19–11; 8:45 am] Application Deadline Date: 08/30/2012. organizations in the State of Nebraska, BILLING CODE 8025–01–P

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DEPARTMENT OF STATE Department of State by the applicant, The United States Government is publication of which could cause prepared to license the export of these [Public Notice: 7734] competitive harm to the United States items having taken into account firm concerned. political, military, economic, human Bureau of Political Military Affairs: rights, and arms control considerations. Directorate of Defense Trade Controls; Sincerely, More detailed information is Notifications to the Congress of David S. Adams, contained in the formal certification Proposed Commercial Export Licenses Assistant Secretary, Legislative Affairs. which, though unclassified, contains SUMMARY: Notice is hereby given that July 25, 2011 (Transmittal Number 11– business information submitted to the the Department of State has forwarded 030) Department of State by the applicant, the attached Notifications of Proposed The Honorable John A. Boehner, publication of which could cause Export Licenses to the Congress on the Speaker of the House of competitive harm to the United States dates indicated on the attachments Representatives. firm concerned. pursuant to sections 36(c) and 36(d) and Sincerely, in compliance with section 36(f) of the Dear Mr. Speaker: Pursuant to Section 36(c) of the Arms Export Control Act, I Joseph E. Macmanus Arms Export Control Act (22 U.S.C. Acting Assistant Secretary, Legislative 2776). am transmitting, herewith, certification of a proposed technical assistance to Affairs. DATES: Effective Date: As shown on each include the export of defense articles, to August 9, 2011 (Transmittal Number of the 41 letters. include technical data, and defense 11–042) FOR FURTHER INFORMATION CONTACT: Mr. services in the amount of $50,000,000 or Robert S. Kovac, Managing Director, more. The Honorable John A. Boehner, Directorate of Defense Trade Controls, The transaction described in the Speaker of the House of Bureau of Political Military Affairs, attached certification involves the Representatives. Department of State, (202) 663–2861. export of defense articles, to include Dear Mr. Speaker: Pursuant to Section SUPPLEMENTARY INFORMATION: Section technical data, and defense services 36(c) of the Arms Export Control Act, I 36(f) of the Arms Export Control Act related to the sale of M4 Carbines to the am transmitting, herewith, certification mandates that notifications to the Ministry of Defense of Malaysia. of a proposed amendment to a technical Congress pursuant to sections 36(c) and The United States Government is assistance agreement to include the 36(d) must be published in the Federal prepared to license the export of these export of defense articles, including Register when they are transmitted to items having taken into account technical data, and defense services in the Congress or as soon thereafter as political, military, economic, human the amount of $50,000,000 or more. practicable. rights, and arms control considerations. The transaction described in the More detailed information is attached certification involves the August 8, 2011 (Transmittal Number contained in the formal certification export of defense articles, including 11–027) which, though unclassified, contains technical data, and defense services to The Honorable John A. Boehner, business information submitted to the Italy, Switzerland, and the United Speaker of the House of Department of State by the applicant, Kingdom for the support of mechanical, Representatives. publication of which could cause avionics, environmental and lighting competitive harm to the United States systems for the Joint Cargo Aircraft C– Dear Mr. Speaker: Pursuant to firm concerned. 27J and industrial baseline variants for Sections 36(c) and 36(d) of the Arms Sincerely, end-use by the Governments of Bulgaria, Export Control Act, I am transmitting, Greece, Italy, Lithuania, Morocco, herewith, certification of a proposed Joseph E. Macmanus, Acting Assistant Secretary, Legislative Romania, and the United States. amendment to a manufacturing license The United States Government is Affairs. agreement for the manufacture of prepared to license the export of these significant military equipment abroad July 18, 2011 (Transmittal Number 11– items having taken into account and the export of defense articles, 034) political, military, economic, human including technical data, and defense The Honorable John A. Boehner, rights, and arms control considerations. services abroad in the amount of More detailed information is $50,000,000 or more. Speaker of the House of Representatives. contained in the formal certification The transaction described in the which, though unclassified, contains attached certification involves the Dear Mr. Speaker: Pursuant to business information submitted to the export of defense articles, including Sections 36(c) and 36(d) of the Arms Department of State by the applicant, technical data, and defense services to Export Control Act, I am transmitting, publication of which could cause support the manufacture of herewith, certification of a proposed competitive harm to the United States Communication and Navigation manufacturing license agreement for the firm concerned. Equipment for end-use by the Saudi manufacture of significant military Sincerely, Arabian Ministry of Defense and equipment abroad and the export of Aviation, Royal Saudi Air Force. defense articles, including technical David S. Adams The United States Government is data, and defense services in the amount Assistant Secretary, Legislative Affairs. prepared to license the export of these of $50,000,000 or more. July 18, 2011 (Transmittal Number 11– items having taken into account The transaction described in the 043) political, military, economic, human attached certification involves the rights, and arms control considerations. export of defense articles, including The Honorable John A. Boehner, More detailed information is technical data, and defense services to Speaker of the House of contained in the formal certification support the manufacture in the United Representatives. which, though unclassified, contains Kingdom of the Joint Services General Dear Mr. Speaker: Pursuant to Section business information submitted to the Purpose Masks (M50 and M51). 36(c) of the Arms Export Control Act, I

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am transmitting, herewith, certification Sincerely, items having taken into account of a proposed export license for the Joseph E. Macmanus, political, military, economic, human export of defense articles, including Acting Assistant Secretary, Legislative rights, and arms control considerations. technical data, or defense services that Affairs. More detailed information is are controlled under Category I of the contained in the formal certification United States Munitions List and sold July 25, 2011 (Transmittal Number 11– which, though unclassified, contains commercially under contract in the 046) business information submitted to the amount of $1,000,000 or more. The Honorable John A. Boehner, Department of State by the applicant, The transaction described in the Speaker of the House of publication of which could cause attached certification involves the Representatives. competitive harm to the United States permanent transfer of defense articles, firm concerned. Dear Mr. Speaker: Pursuant to Section including technical data, and defense Sincerely, services related to the sale of M60E4/ 36(c) of the Arms Export Control Act, I Joseph E. Macmanus, MK43 general purpose machine guns, am transmitting, herewith, certification accessories, training and spare parts to of a proposed technical assistance Acting Assistant Secretary, Legislative the Colombian National Police. agreement to include the export of Affairs. defense articles, to include technical The United States Government is July 25, 2011 (Transmittal Number 11– data, and defense services in the amount prepared to license the export of these 051) items having taken into account of $50,000,000 or more. political, military, economic, human The transaction described in the The Honorable John A. Boehner, rights, and arms control considerations. attached certification involves the Speaker of the House of More detailed information is transfer of defense articles, to include Representatives. contained in the formal certification technical data, and defense services to Dear Mr. Speaker: Pursuant to Section which, though unclassified, contains support the Proton launch of the 36(c) of the Arms Export Control Act, I business information submitted to the Turksat 4A and Turksat 4B Commercial am transmitting, herewith, certification Department of State by the applicant, Communication Satellites from the of a proposed technical assistance publication of which could cause Baikonur Cosmodrome in Kazakhstan. agreement to include the export of competitive harm to the United States The United States Government is defense articles, including technical firm concerned. prepared to license the export of these data, and defense services in the amount Sincerely, items having taken into account of $50,000,000 or more. political, military, economic, human Joseph E. Macmanus, The transaction described in the rights, and arms control considerations. attached certification involves the Acting Assistant Secretary, Legislative More detailed information is Affairs. export of defense articles, including contained in the formal certification technical data, and defense services to July 25, 2011 (Transmittal Number 11– which, though unclassified, contains Sweden for the design, development, 045) business information submitted to the operation, installation, integration, Department of State by the applicant, The Honorable John A. Boehner, testing, support, maintenance, overhaul, publication of which could cause Speaker of the House of repair, and sale of the Auxiliary Power competitive harm to the United States Representatives. and Engine Start System (APESS) for firm concerned. use in the JAS 39 Gripen aircraft and Dear Mr. Speaker: Pursuant to Section Sincerely, Next Generation Gripen aircraft for end- 36(c) of the Arms Export Control Act, I Joseph E. Macmanus, use by the Swedish Armed Forces and am transmitting, herewith, certification the Governments of Brazil, Czech of a proposed technical assistance Acting Assistant Secretary, Legislative Republic, Hungary, India, Switzerland, agreement to include the export of Affairs. and Thailand. defense articles, to include technical July 25, 2011 (Transmittal Number 11– The United States Government is data, and defense services in the amount 047) prepared to license the export of these of $50,000,000 or more. The Honorable John A. Boehner, The transaction described in the items having taken into account Speaker of the House of attached certification involves the political, military, economic, human Representatives. transfer of defense articles, to include rights, and arms control considerations. technical data, and defense services to Dear Mr. Speaker: Pursuant to Section More detailed information is support the Proton launch of the SES– 36(c) of the Arms Export Control Act, I contained in the formal certification 6 Commercial Communication Satellite am transmitting, herewith, certification which, though unclassified, contains from the Baikonur Cosmodrome in of a proposed technical assistance business information submitted to the Kazakhstan. agreement to include the export of Department of State by the applicant, The United States Government is defense articles, including technical publication of which could cause prepared to license the export of these data, and defense services in the amount competitive harm to the United States items having taken into account of $50,000,000 or more. firm concerned. political, military, economic, human The transaction described in the Sincerely, rights, and arms control considerations. attached certification involves the Joseph E. Macmanus, More detailed information is export of defense articles, including Acting Assistant Secretary, Legislative contained in the formal certification technical data, and defense services Affairs. which, though unclassified, contains related to the Rolling Airframe Missile business information submitted to the (RAM) Guided Missile Weapon System August 11, 2011 (Transmittal Number Department of State by the applicant, (GMWS) to the Armed Forces of the 11–054) publication of which could cause United Arab Emirates. The Honorable John A. Boehner, competitive harm to the United States The United States Government is Speaker of the House of firm concerned. prepared to license the export of these Representatives.

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Dear Mr. Speaker: Pursuant to Section Joseph E. Macmanus, More detailed information is 36(c) of the Arms Export Control Act, I Acting Assistant Secretary, Legislative contained in the formal certification am transmitting, herewith, certification Affairs. which, though unclassified, contains of a proposed manufacturing license business information submitted to the agreement to include the export of August 8, 2011 (Transmittal Number Department of State by the applicant, defense articles, to include technical 11–058) publication of which could cause data, and defense services in the amount The Honorable John A. Boehner, competitive harm to the United States of $1,000,000 or more. Speaker of the House of firm concerned. The transaction described in the Representatives. Sincerely, attached certification involves the Dear Mr. Speaker: Pursuant to David S. Adams, export of 5.56mm rifles to the Ministry Sections 36(c) and 36(d) of the Arms Assistant Secretary, Legislative Affairs. of Interior, General Directorate of Export Control Act, I am transmitting, Security, Turkish National Police. September 30, 2011 (Transmittal herewith, certification of a proposed The United States Government is Number 11–067) amendment to a manufacturing license prepared to license the export of these The Honorable John A. Boehner, items having taken into account agreement for the manufacture of significant military equipment abroad Speaker of the House of political, military, economic, human Representatives. rights, and arms control considerations. and the export of defense articles, More detailed information is including technical data, and defense Dear Mr. Speaker: Pursuant to Section contained in the formal certification services in the amount of $100,000,000 36(d) of the Arms Export Control Act, I which, though unclassified, contains or more. am transmitting, herewith, certification business information submitted to the The transaction described in the of a proposed manufacturing license Department of State by the applicant, attached certification involves the agreement for the manufacture of publication of which could cause export of defense articles, including significant military equipment abroad. competitive harm to the United States technical data, and defense services to The transaction described in the firm concerned. Canada for the design, development and attached certification involves the manufacture of the M72A5 Light Anti- Sincerely, export of defense articles, including Armor Weapon (LAW) system for the technical data, and defense services for David S. Adams, Canadian Department of National Assistant Secretary, Legislative Affairs. the manufacture in Mexico of the Defense. Common Range Integrated July 18, 2011 (Transmittal Number 11– The United States Government is Instrumentation System for end-use by 057) prepared to license the export of these the Government of the United States. items having taken into account The Honorable John A. Boehner, The United States Government is political, military, economic, human Speaker of the House of prepared to license the export of these rights, and arms control considerations. Representatives. items having taken into account More detailed information is political, military, economic, human Dear Mr. Speaker: Pursuant to contained in the formal certification rights, and arms control considerations. Sections 36(c) and 36(d) of the Arms which, though unclassified, contains More detailed information is Export Control Act, I am transmitting, business information submitted to the contained in the formal certification herewith, certification of a proposed Department of State by the applicant, which, though unclassified, contains manufacturing license agreement for the publication of which could cause business information submitted to the manufacture of significant military competitive harm to the United States Department of State by the applicant, equipment abroad and the export of firm concerned. publication of which could cause defense articles, to include technical Sincerely, competitive harm to the United States data, and defense services in the amount David S. Adams, firm concerned. of $50,000,000 or more. Sincerely, The transaction described in the Assistant Secretary, Legislative Affairs. David S. Adams, attached certification involves the August 11, 2011 (Transmittal Number export of defense articles including 11–059) Assistant Secretary, Legislative Affairs. technical data, and defense services to The Honorable John A. Boehner, September 30, 2011 (Transmittal Singapore for the manufacture of Number 11–069) accessory products, fabricated/ Speaker of the House of machined components and assemblies Representatives. The Honorable John A. Boehner, for various U.S.-origin aircraft, vessels Dear Mr. Speaker: Pursuant to Section Speaker of the House of and military vehicles. 36(c) of the Arms Export Control Act, I Representatives. The United States Government is am transmitting, herewith, certification Dear Mr. Speaker: Pursuant to prepared to license the export of these for the export of defense articles, to Sections 36(c) and 36(d) of the Arms items having taken into account include technical data in the amount of Export Control Act, I am transmitting, political, military, economic, human $1,000,000 or more. herewith, certification of a proposed rights, and arms control considerations. The transaction described in the amendment to a manufacturing license More detailed information is attached certification involves the agreement for the manufacture of contained in the formal certification export of 5.56 mm rifles to the Critical significant military equipment abroad which, though unclassified, contains National Infrastructure Security Force of and the export of defense articles, business information submitted to the the United Arab Emirates. including technical data, and defense Department of State by the applicant, The United States Government is services in the amount of $50,000,000 or publication of which could cause prepared to license the export of these more. competitive harm to the United States items having taken into account The transaction described in the firm concerned. political, military, economic, human attached certification involves the Sincerely, rights, and arms control considerations. export of defense articles, including

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technical data, and defense services to September 7, 2011 (Transmittal human rights, and arms control Australia to support the manufacture Number 11–071) considerations. and sale of ammunition and The Honorable John A. Boehner, More detailed information is ammunition components to domestic Speaker of the House of contained in the formal certification law enforcement and government Representatives. which, though unclassified, contains agency customers in the approved sales business information submitted to the territory. Dear Mr. Speaker: Pursuant to Section Department of State by the applicant, The United States Government is 36(d) of the Arms Export Control Act, I publication of which could cause prepared to license the export of these am transmitting, herewith, certification competitive harm to the United States items having taken into account of a proposed amendment to a firm concerned. manufacturing license agreement for the political, military, economic, human Sincerely, rights, and arms control considerations. manufacture of significant military equipment abroad. David S. Adams, More detailed information is The transaction described in the Assistant Secretary, Legislative Affairs. contained in the formal certification attached certification involves the which, though unclassified, contains August 8, 2011 (Transmittal Number export of defense articles, including 11–073) business information submitted to the technical data, and defense services to Department of State by the applicant, Mexico for the pre-cast and post-cast The Honorable John A. Boehner, publication of which could cause finishing operations of military aircraft, Speaker of the House of competitive harm to the United States tank, and naval engine components to Representatives. firm concerned. include engine hot-section blades for Dear Mr. Speaker: Pursuant to Section Sincerely, end-use by United States military 36(c) of the Arms Export Control Act, I David S. Adams, engine manufacturers. am transmitting, herewith, certification The United States Government is of a proposed amendment to a technical Assistant Secretary, Legislative Affairs. prepared to license the export of these assistance agreement to include the August 8, 2011 (Transmittal Number items having taken into account export of defense articles, including 11–070) political, military, economic, human technical data, and defense services in rights, and arms control considerations. the amount of $50,000,000 or more. The Honorable John A. Boehner, More detailed information is The transaction described in the Speaker of the House of contained in the formal certification attached certification involves the Representatives. which, though unclassified, contains export of defense articles, including Dear Mr. Speaker: Pursuant to business information submitted to the technical data, and defense services to Sections 36(c) and 36(d) of the Arms Department of State by the applicant, Singapore for the maintenance, repair, Export Control Act, I am transmitting, publication of which could cause and overhaul of F100 engines for end- herewith, certification of a proposed competitive harm to the United States use by the Republic of Singapore Air amendment to a manufacturing license firm concerned. Force. agreement for the manufacture of Sincerely, The United States Government is significant military equipment abroad David S. Adams, prepared to license the export of these and the export of defense articles, Assistant Secretary, Legislative Affairs. items having taken into account including technical data, and defense political, military, economic, human services in the amount of $100,000,000 August 11, 2011 (Transmittal Number rights, and arms control considerations. or more. 11–072) More detailed information is The transaction described in the The Honorable John A. Boehner, contained in the formal certification attached certification involves the Speaker of the House of which, though unclassified, contains export of defense articles, including Representatives. business information submitted to the Department of State by the applicant, technical data, and defense services to Dear Mr. Speaker: Pursuant to publication of which could cause Italy for the design, development and of Sections 36(c) and 36(d) of the Arms competitive harm to the United States manufacture F135 engine parts and Export Control Act, I am transmitting, firm concerned. components, including F135 hot section herewith, certification of a proposed engine parts and components for the amendment to a manufacturing license Sincerely, Joint Strike Fighter aircraft. agreement for the manufacture of David S. Adams, The United States Government is significant military equipment abroad Assistant Secretary, Legislative Affairs. prepared to license the export of these and the export of defense articles, items having taken into account including technical data, and defense September 30, 2011 (Transmittal political, military, economic, human services in the amount of $50,000,000 or Number 11–074) rights, and arms control considerations. more. The Honorable John A. Boehner, More detailed information is The transaction described in the Speaker of the House of contained in the formal certification attached certification involves the Representatives. which, though unclassified, contains export of defense articles, including Dear Mr. Speaker: Pursuant to Section business information submitted to the technical data, and defense services to 36(d) of the Arms Export Control Act, I Department of State by the applicant, Norway for the design, development am transmitting, herewith, certification publication of which could cause and manufacture of the M72 of a proposed manufacturing license competitive harm to the United States Lightweight Anti-Armor Weapon (LAW) agreement for the manufacture of firm concerned. system for several United States allies in significant military equipment abroad. Sincerely, Europe and Asia. The United States The transaction described in the Government is prepared to license the attached certification involves the David S. Adams, export of these items having taken into export of defense articles, to include Assistant Secretary, Legislative Affairs. account political, military, economic, technical data, and defense services, for

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the manufacture of the AN/APX–113 am transmitting, herewith, certification Assistant Secretary, Legislative Affairs. Combined Interrogator Transponder of a proposed technical assistance September 30, 2011 (Transmittal (CIT) for end-use by the Republic of agreement for the export of defense Number 11–080) Korea Air Force (ROKAF) on their F–16 articles, including technical data, and aircraft. defense services sold commercially The Honorable John A. Boehner, The United States Government is under contract in the amount of Speaker of the House of prepared to license the export of these $50,000,000 or more. Representatives. items having taken into account The transaction described in the Dear Mr. Speaker: Pursuant to Section political, military, economic, human attached certification involves the 36(c) of the Arms Export Control Act, I rights, and arms control considerations. transfer of defense articles, including am transmitting, herewith, certification More detailed information is technical data, and defense services to of a proposed technical assistance contained in the formal certification support the design, manufacturing and agreement to include the export of which, though unclassified, contains delivery phases of the MEXSAT–3 defense articles, including technical business information submitted to the Commercial Communications Satellite data, and defense services in the amount Department of State by the applicant, Program for Mexico. of $50,000,000 or more. publication of which could cause The United States Government is The transaction described in the competitive harm to the United States prepared to license the export of these attached certification involves the firm concerned. items having taken into account export of defense articles, including Sincerely, political, military, economic, human technical data, and defense services to David S. Adams, rights, and arms control considerations. India for the development, integration, More detailed information is Assistant Secretary, Legislative Affairs. certification, and testing of the GE contained in the formal certification F414–INS6 engine with the Light August 8, 2011 (Transmittal Number which, though unclassified, contains Combat Aircraft for the Government of 11–076) business information submitted to the India. Department of State by the applicant, The Honorable John A. Boehner, The United States Government is publication of which could cause Speaker of the House of prepared to license the export of these competitive harm to the United States Representatives. items having taken into account firm concerned. political, military, economic, human Dear Mr. Speaker: Pursuant to Section Sincerely, rights, and arms control considerations. 36(c) of the Arms Export Control Act, I David S. Adams, More detailed information is am transmitting, herewith, certification Assistant Secretary, Legislative Affairs. contained in the formal certification of a proposed amendment to a technical which, though unclassified, contains assistance agreement to include the August 11, 2011 (Transmittal Number business information submitted to the export of defense articles, including 11–079) Department of State by the applicant, technical data, and defense services in The Honorable John A. Boehner, publication of which could cause the amount of $100,000,000 or more. Speaker of the House of Representatives. competitive harm to the United States The transaction described in the Dear Mr. Speaker: Pursuant to Section firm concerned. attached certification involves the Sincerely, export of defense articles, including 36(c) of the Arms Export Control Act, I technical data, and defense services to am transmitting, herewith, certification David S. Adams, the Republic of Korea for the sale of four of a proposed technical assistance Assistant Secretary, Legislative Affairs. C–130J–30 aircraft, related spares, and agreement for the export of defense articles, including technical data, and August 8, 2011 (Transmittal Number logistics support services to the 11–082) Republic of Korea Air Force. defense services in the amount of The Honorable John A. Boehner, The United States Government is $50,000,000 or more. The transaction described in the Speaker of the House of prepared to license the export of these attached certification involves the Representatives. items having taken into account transfer of defense articles, to include political, military, economic, human Dear Mr. Speaker: Pursuant to Section technical data, and defense services to rights, and arms control considerations. 36(c) of the Arms Export Control Act, I More detailed information is support the Missile Firing Unit (MFU) am transmitting, herewith, certification contained in the formal certification and Stunner Interceptor Subsystems of of a proposed amendment to a which, though unclassified, contains the David’s Sling Weapon System manufacturing license agreement for the business information submitted to the (DSWS) for end-use by the Government export of defense articles, to include Department of State by the applicant, of Israel. technical data, and defense services in The United States Government is publication of which could cause the amount of $100,000,000 or more. prepared to license the export of these competitive harm to the United States The transaction described in the items having taken into account firm concerned. attached certification involves the political, military, economic, human Sincerely, export of defense articles, including rights, and arms control considerations. technical data, and defense services to David S. Adams, More detailed information is South Korea for the manufacture, Assistant Secretary, Legislative Affairs. contained in the formal certification assembly and maintenance support of which, though unclassified, contains the XTG411 Series Transmission. August 8, 2011 (Transmittal Number business information submitted to the 11–078) The United States Government is Department of State by the applicant, prepared to license the export of these The Honorable John A. Boehner, publication of which could cause items having taken into account Speaker of the House of competitive harm to the United States political, military, economic, human Representatives. firm concerned. rights, and arms control considerations. Dear Mr. Speaker: Pursuant to Section Sincerely, More detailed information is 36(c) of the Arms Export Control Act, I David S. Adams, contained in the formal certification

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which, though unclassified, contains The United States Government is The transaction described in the business information submitted to the prepared to license the export of these attached certification involves the Department of State by the applicant, items having taken into account export of defense articles, including publication of which could cause political, military, economic, human technical data, and defense services to competitive harm to the United States rights, and arms control considerations. the United Kingdom in support of the firm concerned. More detailed information is sale of Hellfire II missiles. Sincerely, contained in the formal certification The United States Government is David S. Adams, which, though unclassified, contains prepared to license the export of these business information submitted to the items having taken into account Assistant Secretary, Legislative Affairs. Department of State by the applicant, political, military, economic, human September 30, 2011 (Transmittal publication of which could cause rights, and arms control considerations. Number 11–088) competitive harm to the United States More detailed information is firm concerned. contained in the formal certification The Honorable John A. Boehner, which, though unclassified, contains Speaker of the House of Sincerely, business information submitted to the Representatives. David S. Adams, Assistant Secretary, Legislative Affairs. Department of State by the applicant, Dear Mr. Speaker: Pursuant to Section publication of which could cause 36(d) of the Arms Export Control Act, I September 30, 2011 (Transmittal competitive harm to the United States am transmitting, herewith, certification Number 11–091) firm concerned. of a proposed amendment to a The Honorable John A. Boehner, Sincerely, manufacturing license agreement for the Speaker of the House of David S. Adams, manufacture of significant military Representatives. Assistant Secretary, Legislative Affairs. equipment abroad. The transaction described in the Dear Mr. Speaker: Pursuant to Section October 3, 2011 (Transmittal Number attached certification involves the 36(d) of the Arms Export Control Act, I 11–093) am transmitting, herewith, certification export of defense articles, including The Honorable John A. Boehner, technical data, and defense services to of a proposed manufacturing license agreement for the manufacture of Speaker of the House of the United Kingdom for the Representatives. manufacture, assembly, modification significant military equipment abroad. The transaction described in the integration, repair and overhaul of Dear Mr. Speaker: Pursuant to Section attached certification involves the Vertical Gyros, Rate Gyros, Attitude 36(c) of the Arms Export Control Act, I transfer of defense articles, to include Heading Reference Systems, Compass am transmitting, herewith, certification technical data, and defense services to Systems, Azimuth Gyros and Attitude of a proposed amendment to a South Korea for the manufacture and Indicators. manufacturing license agreement for the assembly related to MK 45 Mod 4 Naval The United States Government is export of defense articles, including Gun Mounts for delivery to and end-use prepared to license the export of these technical data, and defense services sold by the Republic of Korea Navy. items having taken into account commercially under contract in the The United States Government is amount of $100,000,000 or more. political, military, economic, human prepared to license the export of these rights, and arms control considerations. The transaction described in the items having taken into account attached certification involves the More detailed information is political, military, economic, human contained in the formal certification transfer of defense articles, including rights, and arms control considerations. technical data, and defense services to which, though unclassified, contains More detailed information is business information submitted to the support the manufacture and assembly contained in the formal certification of the Rolling Airframe Missile (RAM) Department of State by the applicant, which, though unclassified, contains publication of which could cause Guided Missile Round Pack (GMRP) and business information submitted to the Guided Missile Launching System competitive harm to the United States Department of State by the applicant, firm concerned. (GMLS) for the Republic of Korea. publication of which could cause The United States Government is Sincerely, competitive harm to the United States prepared to license the export of these David S. Adams, firm concerned. items having taken into account Assistant Secretary, Legislative Affairs. Sincerely, political, military, economic, human David S. Adams, September 30, 2011 (Transmittal rights, and arms control considerations. More detailed information is Number 11–089) Assistant Secretary, Legislative Affairs. contained in the formal certification The Honorable John A. Boehner, August 9, 2011 (Transmittal Number which, though unclassified, contains Speaker of the House of 11–092) business information submitted to the Representatives. The Honorable John A. Boehner, Department of State by the applicant, Dear Mr. Speaker: Pursuant to Section Speaker of the House of publication of which could cause 36(d) of the Arms Export Control Act, I Representatives. competitive harm to the United States am transmitting, herewith, certification Dear Mr. Speaker: Pursuant to Section firm concerned. of a proposed manufacturing license 36(c) of the Arms Export Control Act, I Sincerely, agreement for the manufacture of am transmitting, herewith, certification David S. Adams, significant military equipment abroad. of a proposed technical assistance Assistant Secretary, Legislative Affairs. The transaction described in the agreement, to include the export of attached certification involves the major defense equipment abroad and September 30, 2011 (Transmittal export of defense articles, including the export of defense articles, including Number 11–095) technical data, and defense services to technical data, and defense services The Honorable John A. Boehner, Italy for the manufacture of a abroad in the amount of $25,000,000 or Speaker of the House of Multimode Receiver (MMR). more. Representatives.

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Dear Mr. Speaker: Pursuant to Section competitive harm to the United States The United States Government is 36(c) of the Arms Export Control Act, I firm concerned. prepared to license the export of these am transmitting, herewith, certification Sincerely, items having taken into account of a proposed technical assistance David S. Adams, political, military, economic, human agreement for the export of defense Assistant Secretary, Legislative Affairs. rights, and arms control considerations. articles, to include technical data, and More detailed information is defense services in the amount of October 12, 2011 (Transmittal Number contained in the formal certification $50,000,000 or more. 11–099) which, though unclassified, contains The transaction described in the The Honorable John A. Boehner, business information submitted to the attached certification involves the Speaker of the House of Department of State by the applicant, export of defense articles, including Representatives. publication of which could cause competitive harm to the United States technical data, and defense services to Dear Mr. Speaker: Pursuant to Section firm concerned. Germany, France, Spain, the United 36(c) of the Arms Export Control Act, I Kingdom, Belgium and Turkey for the am transmitting, herewith, certification Sincerely, design, integration, and testing of the of a proposed amendment to a technical David S. Adams, Video Distribution and Processing assistance agreement to include the Assistant Secretary, Legislative Affairs. System for use on the A400M Aircraft. export of defense articles, including September 30, 2011 (Transmittal The United States Government is technical data, and defense services in Number 11–102) prepared to license the export of these the amount of $50,000,000 or more. items having taken into account The transaction described in the The Honorable John A. Boehner, political, military, economic, human attached certification involves the Speaker of the House of rights, and arms control considerations. export of defense articles, including Representatives. More detailed information is technical data, and defense services to Dear Mr. Speaker: Pursuant to Section contained in the formal certification Belgium, France, Germany, Spain, 36(c) of the Arms Export Control Act, I which, though unclassified, contains Turkey, and the United Kingdom for am transmitting, herewith, certification business information submitted to the A400M Aircraft Oxygen Systems for use of a proposed amendment to a technical Department of State by the applicant, by the Governments of Belgium, France, assistance agreement for the export of publication of which could cause Germany, Luxembourg, Malaysia, South defense articles, including technical competitive harm to the United States Africa, Spain, Turkey, and the United data, and defense services in the amount firm concerned. Kingdom. of $100,000,000 or more. The United States Government is Sincerely, The transaction described in the prepared to license the export of these David S. Adams, attached certification involves the items having taken into account export of defense articles, including Assistant Secretary, Legislative Affairs. political, military, economic, human technical data, and defense services to rights, and arms control considerations. October 4, 2011 (Transmittal Number Japan for the export and assembly of the 11–097) More detailed information is contained in the formal certification Vertical Launch Anti-Submarine Rocket The Honorable John A. Boehner, which, though unclassified, contains system for Japan. Speaker of the House of business information submitted to the The United States Government is Representatives. Department of State by the applicant, prepared to license the export of these publication of which could cause items having taken into account Dear Mr. Speaker: Pursuant to Section political, military, economic, human 36(c) of the Arms Export Control Act, I competitive harm to the United States firm concerned. rights, and arms control considerations. am transmitting, herewith, certification More detailed information is Sincerely, of a proposed amendment to a contained in the formal certification manufacturing license agreement for the David S. Adams, which, though unclassified, contains export of defense articles, including Assistant Secretary, Legislative Affairs. business information submitted to the technical data, and defense services in Department of State by the applicant, the amount of $100,000,000 or more. October 4, 2011 (Transmittal Number 11–101) publication of which could cause The transaction described in the competitive harm to the United States attached certification involves the The Honorable John A. Boehner, firm concerned. export of defense articles, including Speaker of the House of Sincerely, technical data, and defense services to Representatives. David S. Adams, the Netherlands for the manufacture of Dear Mr. Speaker: Pursuant to Section Improved Extended Forward Avionics 36(c) of the Arms Export Control Act, I Assistant Secretary, Legislative Affairs. Bays for the AH–64D Apache Helicopter am transmitting, herewith, certification September 30, 2011 (Transmittal for end-use by the United States of a proposed technical assistance Number 11–103) Government. agreement to include the export of The Honorable John A. Boehner, The United States Government is defense articles, to include technical Speaker of the House of prepared to license the export of these data, and defense services in the amount Representatives. items having taken into account of $50,000,000 or more. political, military, economic, human The transaction described in the Dear Mr. Speaker: Pursuant to Section rights, and arms control considerations. attached certification involves the 36(c) of the Arms Export Control Act, I More detailed information is transfer of defense articles, to include am transmitting, herewith, certification contained in the formal certification technical data, and defense services to of a proposed export license for the which, though unclassified, contains support the Proton launch of the W5A export of defense articles, including business information submitted to the Commercial Communication Satellite technical data, or defense services that Department of State by the applicant, from the Baikonur Cosmodrome in are controlled under Category I of the publication of which could cause Kazakhstan. United States Munitions List and sold

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commercially under contract in the September 30, 2011 (Transmittal which, though unclassified, contains amount of $1,000,000 or more. Number 11–107) business information submitted to the The transaction described in the The Honorable John A. Boehner, Department of State by the applicant, attached certification involves the Speaker of the House of publication of which could cause permanent transfer of defense articles, Representatives. competitive harm to the United States including technical data, and defense firm concerned. services related to the sale of M134D– Dear Mr. Speaker: Pursuant to Section Sincerely, 36(d) of the Arms Export Control Act, I H 7.62 Gatling general purpose machine David S. Adams, guns, accessories training and spare am transmitting, herewith, certification Assistant Secretary, Legislative Affairs. parts to the Secretaria De La Defensa of a proposed manufacturing license Nacional, Mexico for ultimate use by agreement for the manufacture of September 30, 2011 (Transmittal Mexico’s Federal Police. significant military equipment abroad. Number 11–113) The transaction described in the The United States Government is The Honorable John A. Boehner, prepared to license the export of these attached certification involves the export of defense articles, including Speaker of the House of items having taken into account Representatives. political, military, economic, human technical data, and defense services to rights, and arms control considerations. Germany for the manufacture of the Dear Mr. Speaker: Pursuant to More detailed information is GE38 engine Low Pressure Turbine Sections 36(c) and 36(d) of the Arms contained in the formal certification Stage 3 Blade in support of the United Export Control Act, I am transmitting, which, though unclassified, contains States Government CH–53K Heavy Lift herewith, certification of a proposed business information submitted to the Helicopter program. amendment to a manufacturing license Department of State by the applicant, The United States Government is agreement for the manufacture of publication of which could cause prepared to license the export of these significant military equipment abroad competitive harm to the United States items having taken into account and the export of defense articles or firm concerned. political, military, economic, human defense services abroad in the amount rights, and arms control considerations. Sincerely, of $50,000,000 or more. More detailed information is The transaction described in the David S. Adams, contained in the formal certification attached certification involves the Assistant Secretary, Legislative Affairs. which, though unclassified, contains transfer of defense articles, technical September 30, 2011 (Transmittal business information submitted to the data, and defense services to Russia for Number 11–104) Department of State by the applicant, the RD–180 Liquid Propellant Rocket publication of which could cause Engine Program. The Honorable John A. Boehner, competitive harm to the United States The United States Government is Speaker of the House of firm concerned. prepared to license the export of these Representatives. Sincerely, items having taken into account Dear Mr. Speaker: Pursuant to Section David S. Adams, political, military, economic, human rights, and arms control considerations. 36(c) of the Arms Export Control Act, I Assistant Secretary, Legislative Affairs. am transmitting, herewith, certification More detailed information is of a proposed technical assistance September 7, 2011 (Transmittal contained in the formal certification agreement for the export of defense Number 11–108) which, though unclassified, contains articles, including technical data, or The Honorable John A. Boehner, business information submitted to the defense services sold commercially Speaker of the House of Department of State by the applicant, under contract in the amount of Representatives. publication of which could cause $50,000,000 or more. competitive harm to the United States The transaction described in the Dear Mr. Speaker: Pursuant to Section firm concerned. attached certification involves the 36(c) of the Arms Export Control Act, I Sincerely, transfer of defense articles, including am transmitting, herewith, certification of a proposed amendment to a David S. Adams, technical data, and defense services to Assistant Secretary, Legislative Affairs. support the design, manufacturing and manufacturing license agreement for the delivery phases of the Thaicom-6 export of defense articles, including September 30, 2011 (Transmittal Commercial Communications Satellite technical data, and defense services in Number 11–116) the amount of $100,000,000 or more. Program for Thailand. The Honorable John A. Boehner, The United States Government is The transaction described in the attached certification involves the Speaker of the House of prepared to license the export of these Representatives. items having taken into account export of defense articles, including political, military, economic, human technical data, and defense services to Dear Mr. Speaker: Pursuant to Section rights, and arms control considerations. Canada for the development, testing, 36(c) of the Arms Export Control Act, I More detailed information is and manufacture of the Improved Drive am transmitting, herewith, certification contained in the formal certification System (IDS) transmission system and of a proposed amendment to a technical which, though unclassified, contains parts thereof, for the AH–64D Apache assistance agreement for the export of business information submitted to the helicopter Block IIII upgrade for end-use defense articles, including technical Department of State by the applicant, by the U.S. Army. data, and defense services in the amount publication of which could cause The United States Government is of $100,000,000 or more. The transaction described in the competitive harm to the United States prepared to license the export of these attached certification involves the firm concerned. items having taken into account political, military, economic, human export of defense articles, including Sincerely, rights, and arms control considerations. technical data, and defense services to David S. Adams, More detailed information is Norway and Canada for the service life Assistant Secretary, Legislative Affairs. contained in the formal certification extension of the P–3 aircraft.

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The United States Government is District Office, 300 Ala Moana use and management of the navigable prepared to license the export of these Boulevard, Room 7–128, Honolulu, airspace and air traffic control systems, items having taken into account Hawaii, telephone number (808) 541– or adversely affecting other powers and political, military, economic, human 1232. Documents reflecting this FAA responsibilities of the Administrator rights, and arms control considerations. action may be reviewed at this same prescribed by law. More detailed information is location. Specific limitations with respect to contained in the formal certification FAA’s approval of an airport noise SUPPLEMENTARY INFORMATION: This compatibility program are delineated in which, though unclassified, contains notice announces that the FAA has FAR part 150, section 150.5. Approval business information submitted to the given its overall approval to the Noise is not a determination concerning the Department of State by the applicant, Compatibility Program for Kona acceptability of land uses under Federal, publication of which could cause International Airport at Keahole, state, or local law. Approval does not by competitive harm to the United States effective April 20, 2011. Under section firm concerned. itself constitute an FAA implementing 104(a) of the Aviation Safety and Noise action. A request for Federal action or Sincerely, Abatement Act of 1979, as amended David S. Adams, approval to implement specific noise (herein after referred to as the ‘‘Act’’) compatibility measures may be Assistant Secretary, Legislative Affairs. [recodified as 49 U.S.C. 47504], an required, and an FAA decision on the Dated: November 30, 2011. airport operator who has previously request may require an environmental Robert S. Kovac, submitted a Noise Exposure Map may assessment of the proposed action. Managing Director, Directorate of Defense submit to the FAA a Noise Approval does not constitute a Trade Controls, Department of State. Compatibility Program which sets forth commitment by the FAA to financially [FR Doc. 2011–32534 Filed 12–19–11; 8:45 am] the measures taken or proposed by the assist in the implementation of the airport operator for the reduction of BILLING CODE 4710–25–P program nor a determination that all existing non-compatible land uses and measures covered by the program are prevention of additional non-compatible eligible for grant-in-aid funding from the land uses within the area covered by the DEPARTMENT OF TRANSPORTATION FAA under the Airport and Airway Noise Exposure Maps. The Act requires Improvement Act of 1982, as amended. Federal Aviation Administration such programs to be developed in Where federal funding is sought, consultation with interested and requests for project grants must be Approval of Noise Compatibility affected parties including local submitted to the FAA Airports District Program for Kona International Airport communities, government agencies, Office in Honolulu, Hawaii. at Keahole, Keahole, North Kona, HI airport users, and FAA personnel. The DOT–A submitted to the FAA on Each airport noise compatibility April 27, 2009, the Noise Exposure AGENCY: Federal Aviation program developed in accordance with Maps for evaluation. The FAA Administration, DOT. Federal Aviation Regulations (FAR) part determined that the Noise Exposure ACTION: Notice. 150 is a local program, not a Federal Maps for Kona International Airport at program. The FAA does not substitute Keahole were in compliance with SUMMARY: The Federal Aviation its judgment for that of the airport applicable requirements on January 12, Administration (FAA) announces its proprietor with respect to which 2010. Notice of this determination was findings on the noise compatibility measures should be recommended for published in the Federal Register on program submitted by the Hawaii State action. The FAA’s approval or January 25, 2010 (Volume 75/No. 15/ Department of Transportation, Airports disapproval of FAR part 150 program pages 3959–3960). Division (DOT–A) under the provisions recommendations is measured The Kona International Airport at of 49 U.S.C. 47501 et seq. (formerly the according to the standards expressed in Keahole study contains a proposed Aviation Safety and Noise Abatement part 150 and the Act, and is limited to noise compatibility program comprised Act, hereinafter referred to as ‘‘the Act’’) the following determinations: of actions designed for phased and 14 Code of Federal Regulations a. The Noise Compatibility Program implementation by airport management (CFR) Part 150 (hereinafter referred to as was developed in accordance with the and adjacent jurisdictions. It was ‘‘Part 150’’). On January 12, 2010, the provisions and procedures of FAR part requested that the FAA evaluate and FAA determined that the noise exposure 150; approve this material as a Noise maps submitted by the DOT–A under b. Program measures are reasonably Compatibility Program as described in Part 150 were in compliance with consistent with achieving the goals of 49 U.S.C. 47504 (formerly Section applicable requirements. On April 20, reducing existing non-compatible land 104(b) of the Act). The FAA began its 2011 the FAA approved the Kona uses around the airport and preventing review of the program on October 27, International Airport at Keahole noise the introduction of additional non- 2010, and was required by a provision compatibility program. All of the compatible land uses; of the Act to approve or disapprove the recommendations of the program were c. Program measures would not create program within 180 days (other than the approved. No program elements relating an undue burden on interstate or foreign use of new or modified flight to new or revised flight procedures for commerce, unjustly discriminate against procedures for noise control). Failure to noise abatement were proposed. types or classes of aeronautical uses, approve or disapprove such program DATES: Effective Date: The effective date violate the terms of airport grant within the 180-day period shall be of the FAA’s approval of the Noise agreements, or intrude into areas deemed to be an approval of such Compatibility Program for Kona preempted by the Federal Government; program. International Airport at Keahole is April and The Noise Compatibility Program 20, 2011. d. Program measures relating to the recommended one Noise Abatement FOR FURTHER INFORMATION CONTACT: use of flight procedures can be Element, eight Land Use Management Gordon Wong, Environmental implemented within the period covered Elements and three Program Protection Specialist, FAA Western- by the program without derogating Management Elements. The FAA Pacific Region, Honolulu Airports safety, adversely affecting the efficient completed its review and determined

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that the procedural and substantive DEPARTMENT OF TRANSPORTATION requirements of the Federal Aviation requirements of the Act and FAR Part Administration and the release of the 150 have been satisfied. The overall Federal Aviation Administration property does not and will not impact program was approved, by the Manager future aviation needs at the airport. The of the Airports Division, Western-Pacific Notice of Request To Release Airport FAA may approve the request, in whole Region, effective April 20, 2011. Property or in part, no sooner than thirty days Approval was granted for one Noise AGENCY: Federal Aviation after the publication of this Notice. Abatement Element, eight Land Use Administration (FAA), DOT. The following is a brief overview of Management Elements and three ACTION: Notice of Intent To Rule on the request: Program Management Elements. The Request to Release Airport Property at Liberal Mid-America Regional Airport and Airport Industrial Park (LBL) is approved measures included: a pilot the Liberal Mid-America Regional proposing the release of one parcel, of education program; maintaining an Airport & Airport Industrial Park 0.33 acres, more or less. The release of established communication process Liberal, KS. land is necessary to comply with between DOT–A, Hawaii County, and Federal Aviation Administration Grant Hawaii State Land Use Commission for SUMMARY: The FAA proposes to rule and Assurances that do not allow federally the review of proposed development invites public comment on the release of acquired airport property to be used for near the airport; DOT–A to encourage land at the Liberal Mid-America non-aviation purposes. The sale of the Hawaii County to revise the Regional Airport & Airport Industrial subject property will result in the land Environmental Quality Section of Park, Liberal, Kansas, under the provisions of 49 U.S.C. 47107(h)(2). at the Liberal Mid-America Regional Hawaii County General Plan to include Airport and Airport Industrial Park additional policies related to airport DATES: Comments must be received on or before January 19, 2012. (LBL) being changed from aeronautical land use compatibility; establish an to nonaeronautical use and release the ADDRESSES: Airport Influence Area for Kona Comments on this lands from the conditions of the Airport International Airport to define the area application may be mailed or delivered Improvement Program Grant Agreement that land use compatibility policies to the FAA at the following address: Grant Assurances. In accordance with would apply; DOT–A to encourage Lynn D. Martin, Airports Compliance 49 U.S.C. 47107(c)(2)(B)(i) and (iii), the Hawaii County to adopt an airport Specialist, Federal Aviation airport will receive fair market value for compatibility checklist for discretionary Administration, Airports Division, the property, which will be review of projects within its vicinity; ACE–610C, 901 Locust Room 364, subsequently reinvested in another maintain compatible zoning Kansas City, MO 64106. eligible airport improvement project for designations within the 2013 60 DNL In addition, one copy of any general aviation facilities at the Liberal noise contour; require the dedication of comments submitted to the FAA must Mid-America Regional Airport and noise and avigation easements through be mailed or delivered to: Debra S. Airport Industrial Park. the subdivision approval process; adopt Giskie, Airport Manager, Liberal Mid- Any person may inspect, by fair disclosure regulations to notify America Regional Airport & Airport appointment, the request in person at property owners of the noise generated Industrial Park, City of Liberal, P.O. Box the FAA office listed above under FOR by aircraft operations; adopt an airport 2199, Liberal, KS 67901, (620) 626– FURTHER INFORMATION CONTACT. In noise overlay zone; monitor 2207. addition, any person may, upon implementation of the part 150 Noise FOR FURTHER INFORMATION CONTACT: appointment and request, inspect the Compatibility Program; updated the Lynn D. Martin, Airports Compliance application, notice and other documents Noise Exposure Maps and Noise Specialist, Federal Aviation determined by the FAA to be related to Compatibility Programs as necessary; Administration, Airports Division, the application in person at the Liberal and acquire and implement a noise ACE–610C, 901 Locust Room 364, Mid-America Regional Airport and monitoring system. Kansas City, MO 64106, (816) 329–2644, Airport Industrial Park. The FAA determinations are set forth [email protected]. Issued in Kansas City, MO, on November in detail in the Record of Approval The request to release property may 30, 2011. signed by the Manager of the Airports be reviewed, by appointment, in person Jim A. Johnson, Division, Western-Pacific Region, on at this same location. Manager, Airports Division. April 20, 2011. The Record of Approval, SUPPLEMENTARY INFORMATION: The FAA [FR Doc. 2011–32499 Filed 12–19–11; 8:45 am] as well as other evaluation materials invites public comment on the request BILLING CODE 4910–13–P and the documents comprising the to release approximately 0.33 acres of submittal, are available for review at the airport property at the Liberal Mid- FAA office listed above and at the America Regional Airport & Airport DEPARTMENT OF TRANSPORTATION administrative offices of the Kona Industrial Park (LBL) under the International Airport at Keahole. The provisions of 49 U.S.C. 47107(h)(2). On Federal Highway Administration Record of Approval also will be June 24, 2011, the Airport Manager at available on-line at: http://www.faa.gov/ the Liberal Mid-America Regional Second Tier Environmental Impact airports/environmental/airport_noise/ Airport requested from the FAA that Statement: Jackson County, MO part_150/states/ approximately 0.33 acres of property be AGENCY: Federal Highway released for sale to Allan and Charlene Issued in Hawthorne, California on Administration (FHWA), DOT. Classen for use as a repair/maintenance December 12, 2011. ACTION: Notice of intent. operation. On October 31, 2011, the Mark A. McClardy, FAA determined that the request to SUMMARY: The FHWA is issuing this Manager, Airports Division, Western-Pacific release property at the Liberal Mid- notice to advise the public that a Second Region, AWP–600. America Regional Airport and Airport Tier Environmental Impact Statement [FR Doc. 2011–32500 Filed 12–19–11; 8:45 am] Industrial Park (LBL) submitted by the (EIS) will be prepared for proposed BILLING CODE 4910–13–P Sponsor meets the procedural improvements to I–70 from west of the

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Paseo Boulevard interchange to east of (SIU). The intent of the second tier need, strategies, and methodologies for the Blue Ridge Cutoff interchange in environmental studies is to build on and determining impacts. Jackson County, Missouri. extend the work of the First Tier EIS for To ensure that the full range of issues FOR FURTHER INFORMATION CONTACT: improving I–70 as part of the Mid- related to this proposed action is Ms. Peggy J. Casey, Program America Regional Council’s long-range addressed and all significant issues are Development Team Leader, FHWA transportation plan. Each SIU will be identified, comments and suggestions Division Office, 3220 West Edgewood, evaluated to the appropriate level of are invited from all interested parties. Suite H, Jefferson City, MO 65109, detail (CE, EA, or EIS) within the Comments and questions concerning Telephone: (573) 636–7104; or Mr. National Environmental Policy Act this proposed action and the Second David Nichols, Chief Engineer, Missouri process. Tier EIS should be directed to the Department of Transportation, P.O. Box FHWA and MoDOT are now FHWA or MoDOT at the addresses 270, Jefferson City, MO 65102, preparing a Second Tier EIS that covers provided above. Concerns in the study Telephone: (573) 751–4586. the section of I–70 from west of the area include potential impacts to natural SUPPLEMENTARY INFORMATION: The Paseo Boulevard Interchange to east of resources, cultural resources, and FHWA, in cooperation with the the Blue Ridge Cutoff interchange, communities. Missouri Department of Transportation encompassing two SIUs from the First (Catalog of Federal Domestic Assistance (MoDOT), will prepare a Second Tier Tier EIS. The two SIUs are the Urban Program Number 20.205, Highway Planning EIS to consider impacts of SIU (Paseo Boulevard to U.S. 40) and I– and Construction. The regulations improvements to I–70 from west of the 435 Interchange SIU (U.S. 40 to Blue implementing Executive Order 12372 Paseo Boulevard interchange to east of Ridge Cutoff). The Second Tier EIS will regarding intergovernmental consultation on carry forward and refine the needs Federal programs and activities apply to this the Blue Ridge Cutoff interchange in program.) Jackson County, Missouri. The project identified from the First Tier EIS and length is approximately 6.8 miles. conduct an alternative analysis based on Issued on: December 14, 2011. In July 2008, FHWA in partnership the Improve Key Bottlenecks Strategy. Peggy J. Casey, with MoDOT initiated the I–70 First Through this study, more specific Program Development Team Leader, Jefferson Tier EIS process for approximately 18 definitions of the improvements and City. miles of I–70 corridor from the end of their potential impacts will be [FR Doc. 2011–32492 Filed 12–19–11; 8:45 am] the last ramp termini east of the developed for consideration by the BILLING CODE 4910–22–P Missouri and Kansas state line to east of general public and the various the I–470 interchange, including the environmental and community resource entire Kansas City, Missouri Central agencies. Examples of these DEPARTMENT OF TRANSPORTATION Business District (CBD) Freeway Loop. improvements include modifying Its purpose was to determine an access, fixing existing pavement and Federal Highway Administration improvement strategy for the corridor to bridges, improving interchange ramps, address the following needs: Improve adding collector-distributor roads, and Federal Aviation Administration safety, reduce congestion, restore and providing for bus transit on shoulder. The Second Tier EIS will also evaluate Environmental Impact Statement: Cook maintain existing infrastructure, and DuPage Counties, IL improve accessibility, and improve a no-build alternative and alternatives goods movement. Various concepts coordinated with ongoing regional AGENCIES: Federal Highway were combined to develop 15 initial transit studies. Administration (FHWA) and Federal strategies that were screened down to As part of the scoping process, Aviation Administration (FAA), DOT. four first tier strategies. These four interagency coordination meetings will ACTION: Revised Notice of Intent to strategies included the No-Build be held with federal and state resource Prepare an Environmental Impact Strategy, Improve Key Bottlenecks agencies and local agencies. In addition, Statement. Strategy, Add General Lanes Strategy, informational meetings with the public and Transportation Improvement and community representatives will be SUMMARY: The FHWA and FAA are Corridor Strategy. After analysis and held to solicit input on the project. A issuing this notice to advise the public public review, the First Tier EIS location public hearing will be held to that a Tier Two Environmental Impact identified a Selected Strategy to present the findings of the Draft Second Statement will be prepared for the Elgin improve the I–70 corridor. The Selected Tier EIS. Public notice will be given O’Hare—West Bypass in Cook and Strategy is the Improve Key Bottlenecks announcing the time and place of all DuPage Counties, Illinois. Strategy from the downtown loop to east public meetings and the hearing. The FOR FURTHER INFORMATION CONTACT: of I–435. From east of I–435 to I–470, Draft Second Tier EIS will be available Norman R. Stoner, P.E., Division the Selected Strategy is either the for public and agency review and Administrator, Federal Highway Improve Key Bottlenecks Strategy or the comment prior to the public hearing. Administration, 3250 Executive Park Add General Lanes Strategy. In March The Second Tier EIS will conform to Drive, Springfield, Illinois 62703, 2010, the Draft First Tier EIS was the environmental review process as Phone: (217) 492–4600. Jim Keefer, published. A 49-day comment period, established in Section 6002 of the Safe, Manager, Chicago Airports District which included two public hearings and Accountable, Flexible, Efficient, Office, Federal Aviation Administration, an online public hearing, followed Transportation Equity Act: A Legacy for 2300 East Devon Avenue, Des Plaines, publication of the draft. In December Users (SAFETEA–LU). The Section 6002 Illinois 60018, Phone: (847) 294–7336. 2010, the Final First Tier EIS was environmental review process requires Diane M. O’Keefe, P.E., Deputy Director published, with a Record of Decision the following activities: Identification of Highways, Region One Engineer, published in April 2011. and invitation of cooperating and Illinois Department of Transportation, The First Tier EIS recommended that participating agencies; establishment of 201 West Center Court, Schaumburg, the second tier environmental studies a coordination plan; and opportunities Illinois 60196, Phone: (847) 705–4110. for the 18-mile I–70 corridor be divided for additional agency and public Kristi Lafleur, Executive Director, into five sections of independent utility comment on the project’s purpose and Illinois State Toll Highway Authority,

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2700 Ogden Avenue, Downers Grove, IL parties and should be directed to the Subsequent funding will be based on 60515, Phone: (630) 241–6800. FHWA at the address provided above. annual appropriations and future SUPPLEMENTARY INFORMATION: This The Tier Two Draft EIS will be available authorization of the program. notice is a revision of a June 8, 2011, for public and agency review after its This notice describes how to apply Notice of Intent [76 FR 33401]. The publication. A public hearing will be and the criteria the interagency review revised notice is being issued to inform held during the public comment period panel will use to evaluate the proposals the public that the FHWA and FAA, in for the draft EIS. Public notice will be received. cooperation with the Illinois given of the time and place of public This announcement is available on Department of Transportation (IDOT) meetings and hearing. The Tier Two EIS the FTA’s Web site and on the United and the Illinois State Toll Highway will conclude with the selection of a We Ride (UWR) Web page at: http:// Authority (ISTHA), will prepare a Tier preferred alternative documented in the www.unitedweride.gov. FTA will Two Environmental Impact Statement Record of Decision. announce the final selection on the (EIS) for the proposed Elgin O’Hare— (Catalog of Federal Domestic Assistance UWR Web site and in the Federal West Bypass. The ISTHA is being added Program Number 20.205, Highway Research, Register. A synopsis of this as a joint lead agency because ISTHA Planning and Construction. The regulations announcement will be posted in the will be the primary agency responsible implementing Executive Order 12372 FIND module of the government-wide for implementing the project, including regarding intergovernmental consultation on electronic grants Web site at http:// the design, operation and maintenance Federal programs and activities apply to this www.Grants.Gov. Proposals must be program). necessary to complete the highway submitted to FTA, electronically, components identified in the EIS. The James G. Keefer, through the GRANTS.GOV ‘‘APPLY’’ study area for the EIS is along the Elgin- Manager, Chicago Airports District Office, function. Federal Aviation Administration, Des Plaines, O’Hare Expressway/Thorndale Avenue DATES: Complete proposals must be Illinois. between Chicago O’Hare International submitted electronically by February 21, Airport (O’Hare) and Lake Street/US Issued on: December 12, 2011. 2012. The proposals must be submitted Route 20, and on a proposed alignment Norman R. Stoner, electronically through the connecting I–90 and I–294 along the Division Administrator, Federal Highway GRANTS.GOV Web site. Applicants west side of O’Hare. The Tier Two EIS Administration, Springfield, Illinois. who have not already done so should will present further detail on the [FR Doc. 2011–32496 Filed 12–19–11; 8:45 am] initiate the process of registering on the alternatives for the preferred BILLING CODE 4910–22–P GRANTS.GOV site immediately to transportation system concept that ensure completion of registration before resulted from the Tier One EIS, an the deadline for submission. evaluation of the environmental impacts DEPARTMENT OF TRANSPORTATION of the alternatives, and actions for ADDRESSES: Proposals must be mitigating project impacts to Federal Transit Administration submitted electronically to http:// environmental resources. www.Grants.Gov. National Technical Assistance Center The primary environmental resources FOR FURTHER INFORMATION CONTACT: For for Senior Transportation: Solicitation that may be affected are: residential, general program information, as well as for Proposals commercial, and industrial properties; proposal-specific questions, please send streams and floodplains; wetlands; and AGENCY: Federal Transit Administration an email to [email protected] or open space. This project is being (FTA), DOT. contact Pamela Brown at (202) 493– developed using the Illinois Department ACTION: Notice; request for proposals. 2503. A TDD is available at 1-(800) 877– of Transportation’s Context Sensitive 8339 (TDD/FIRS). SUMMARY Solutions policy. Alternatives to be : This solicitation seeks SUPPLEMENTARY INFORMATION: evaluated will include (1) taking no proposals from national not-for-profit action and (2) complete transportation organizations for a cooperative Table of Contents system alternatives for the Tier One agreement to maintain and continue to I. Funding Opportunity Description corridor that include consideration of implement the National Technical II. Award Information design options, financing options, Assistance Center for Senior III. Eligibility Information construction sequencing options, and Transportation (National Senior Center IV. Proposal Submission Information the inclusion of transit, bicycle and or Center). The National Senior Center V. Proposal Review, Selection and pedestrian facilities. was enabled by statute under the Safe, Notification The Tier One Stakeholder Accountable, Flexible, Efficient VI. Award Administration Involvement Plan (SIP), which met the Transportation Equity Act: A Legacy For VII. Agency Contacts Appendix A: Supplemental Form SAFETEA–LU Coordination Plan Users (SAFETEA–LU) in July 2005. The requirements, will be updated to ensure major goal of the National Senior Center I. Funding Opportunity Description that a full range of issues related to Tier is to gather best practices from senior A. Authority Two of this project are identified and transportation programs throughout the addressed. The SIP provides meaningful Nation and assist local communities, The enactment of the Safe, opportunities for all stakeholders to states and other organizations in Accountable, Flexible, and Efficient participate in defining transportation successfully meeting the transportation Transportation Equity Act—A Legacy issues and solutions for the study area. needs of seniors including planning for for Users (SAFETEA–LU); Public Law The web site established for this project an integrated transportation program. 109–059, authorized a National (www.elginohare-westbypass.org) is one This cooperative agreement is for a five- Technical Assistance Center on Senior element of the project public year award. The first year of the Transportation under 49 U.S.C. 5314 (c) involvement program. cooperative agreement is for nine- as follows: Comments or questions concerning hundred and ninety-eight thousand 1. Establishment—The Secretary shall this proposed action and the Tier Two dollars ($998,000) from funds award grants to a national not-for-profit EIS are invited from all interested appropriated in Fiscal Year 2011. organization for the establishment and

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maintenance of a national technical providers of transportation services for of the Social Security Administration, assistance center. senior citizens; the Attorney General and the 2. Eligibility— An organization shall iv. Identify future transportation Chairperson of the National Council on be eligible to receive a grant under needs of senior citizens within local Disability comprise the Coordinating paragraph 1 if the organization— communities; and Council on Access and Mobility A. Focuses significantly on serving v. Establish strategies to meet the (CCAM). the needs of the elderly; unique needs of healthy and frail senior Specifically, the CCAM is tasked with B. Has demonstrated knowledge and citizens. seeking ways to simplify access to expertise in senior transportation policy C. Selection of Grantees—The transportation services for persons with and planning issues; Secretary shall select grantees under disabilities, persons with lower C. Has affiliates in a majority of the this paragraph based on a fair incomes, and older adults. The EO states; representation of various geographical requires that CCAM members work D. Has the capacity to convene local locations throughout the United States. together to provide the most groups to consult on operation and B. Background appropriate, cost effective services development of senior transportation within existing resources, and reduce programs; and Older adult mobility and human duplication to make funds available for E. Has established close working service transportation is defined as a more services. To meet the requirements relationships with the Federal Transit network of services including but not of the EO, the CCAM developed a Administration and the Administration limited to driving modification and comprehensive action plan and on Aging (AoA). transition; pedestrian access; public launched United We Ride (UWR), a 3. Use of Funds—The national transportation; paratransit (curb to curb, national initiative on human service technical assistance center established door to door, door through door); taxi transportation coordination, which under this section shall— service; and volunteer services. Mobility includes senior mobility. The National A. Gather best practices from also can be achieved through Internet Senior Center is directly linked with throughout the Nation and provide such and Social Media connections. UWR and related to technical assistance practices to local communities that are Technical assistance is a process that initiatives in the area of older adult implementing senior transportation enables a goal-focused, strategy- mobility and human service programs; oriented, accountable organization to transportation coordination. FTA B. Work with teams from local transfer knowledge to clients for the collaborates with other members of communities to identify how the purpose of their growth, change, and CCAM on the implementation of the EO communities are successfully meeting improvement. Technical assistance is and therefore, the technical assistance the transportation needs of senior intended to provide extensive provided under this solicitation will citizens and any gaps in services in information and assistance to facilitate seek to continue to complement and order to create a plan for an integrated adoption or application of research- optimize, not duplicate, the technical senior transportation program; based or practice-based products, assistance and related work funded in C. Provide resources on ways to pay policies, or knowledge in order to this area by other CCAM partners. for senior transportation services; improve the provision of services for Under SAFETEA–LU, the Secretary of D. Create a web site to publicize and target populations. Technical assistance Transportation was directed to award circulate information on senior may include information dissemination, grants to a national not-for-profit transportation programs; training, and enhancing capacity for organization for the establishment and E. Establish a clearinghouse for print, building more efficient transportation maintenance of a national technical video, and audio resources on senior services at the local and state levels. A assistance center on senior mobility; and primary goal of the technical assistance transportation. F. Administer the demonstration grant offered by the Center is to facilitate the In the Fiscal Years since its inception, program established under paragraph expansion of transportation services and the National Technical Assistance (4). options for older persons in their local Center on Senior Transportation has 4. Grants Authorized— communities. A key strategy to been instrumental in increasing the A. In General—The national technical accomplish this expansion of service is transportation options for older adults assistance center established under this coordination of transportation programs and enhancing their ability to live more section, in consultation with the Federal and initiatives. independently within their Transit Administration, shall award SAFETEA–LU, Public Law 109–059, communities throughout the United senior transportation demonstration authorized the National Senior Center States. Technical assistance, research grants to— under 49 U.S.C. 5314(c). In recognition toward solutions, strategic i. Local transportation organizations; of the fundamental importance of senior communications and building ii. State agencies; mobility and human service partnerships among stakeholders are iii. Units of local government; and transportation and the continuing need additional functions of the Center. The iv. Nonprofit organizations. to enhance coordination, Executive National Senior Center has become the B. Use of Funds—Grant funds Order 13330 (EO) on Human Service lead organization to develop a received under this paragraph may be Transportation Coordination issued on comprehensive state-of-the-art technical used to— February 24, 2004, directed multiple information system dealing with i. Evaluate the state of transportation Federal departments and agencies to training and research on the services for senior citizens; work together to ensure that transportation of older persons. ii. Recognize barriers to mobility that transportation services are seamless, The Center has raised greater senior citizens encounter in their comprehensive and accessible. awareness, increased educational communities; Secretaries from the Departments of efforts, built strong coalitions, gained iii. Establish partnerships and Transportation, Agriculture, Education, greater collaboration between the aging promote coordination among Health and Human Services, Housing and the transportation industry, and community stakeholders, including and Urban Development, Interior, Labor, developed a core set of training public, not-for-profit, and for-profit and Veterans Affairs, the Commissioner materials and products that provide the

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base level framework necessary to assistance initiatives related to senior local sites to develop individual expand transportation options at the mobility and human service technical assistance plans that outline community level for older adults. transportation to ensure a coordinated specific needs, intended outcomes, The Center has hosted numerous approach in this area. In addition, all plans for assistance, and evaluation webinars and teleconferences, since efforts of the Center should ensure components, which shall include, but 2005, which aid in the improvement of consumer input and involvement such are not limited to: public transportation options of an that all technical assistance has a person a. Integrating a range of services aging population and include such centered, self-determination and including driving transition, pedestrian topics as improvements to vehicles, independence focus. Center personnel environments, fixed route transit, planning, operations, rider information, will engage with technical assistance paratransit services, taxi programs, door and outreach; and more targeted, recipients to ensure knowledge is through door or escort options, voucher flexible services; and universal design. transferred and relationships are models, and volunteer transportation The need for mobility assistance to developed. This information and programs into overall technical enable independence, especially public referral system is meant to be a key focal assistance. transportation services, increases with point to disseminate models, best b. Assisting local communities with age and disability level. Many older practices and develop successful the development of mobility adults prefer to age in place, despite demonstration sites for innovations in management strategies and concepts mobility challenges. The car has made older adult transportation services and that enhance transportation service suburban and rural living practical, and systems. This project will entail options and access for older adults. contributed to a decline in public creative, engaging and collaborative c. Assisting states and local transportation and walking public and private partnerships at all communities with identification of (Transportation Research Board, 2004). levels—local, Tribal, state and Federal. intelligent transportation systems and Mobility will be a significant challenge The following areas will be key areas other technologies that enhance for this dispersed older population. of focus for the National Senior Center transportation services for older adults, Therefore, demand for transportation activities: including increased access to a services is expected to skyrocket and the The Center will conduct an community One-Call/One-Click need for immediate attention to assessment of technical assistance needs Transportation Resource Centers. infrastructure and service investments in the area of senior mobility and will d. Implement training on topics for older adults and individuals with formulate a plan in coordination with related to older adult transportation, disabilities has increased. FTA and AoA for conducting technical including but not limited to, mobility Thus, the results of technical assistance in future years of funding. management techniques and assistance are targeted to enhance It is expected that technical assistance incorporating older adult transportation availability, accessibility, acceptability, will include: resources into existing One-Call/One- affordability and adaptability for older • Peer-to-Peer Learning; Click Resource Centers. Training should adults. In order to achieve these goals, • Expertise in Senior Issues; be considered for transportation technical assistance will need to focus • Communities of Practice; providers, human service providers, and around one-stop access systems, • Grantee Specific Assistance, as consumers. streamlining eligibility, enhancing required; Task 3—Demonstration Grants transportation coordination, better • Information and Knowledge understanding of regulations and Transfer; The Center shall award senior policies regarding cost-sharing and • Training; and, transportation demonstration grants to funding, and using social media to get • Demonstration Grants. local transportation organizations, state information out to local consumers. agencies, units of local Government and Tasks C. Program Purpose non-profit organizations in areas related In the performance of this cooperative to senior transportation which are The purpose of this cooperative agreement, the grantee shall accomplish intended to solve transportation and agreement is to maintain and continue the following tasks: mobility needs of the older adult to implement the National Technical community. Assistance Center for Senior Task 1—Project Management and Transportation (hereafter, the National Administration Task 4—Communication and Senior Center, or the Center). The major The grantee shall meet with the FTA Management Information Activities goal of the National Senior Center is to Project Manager within ten (10) working The grantee shall work collaboratively gather best practices from throughout days after issuance of agreement to with FTA, AoA and other Federal the Nation and provide such practices to discuss the project management and partners to coordinate input, direction local communities that are administration of the cooperative and advice to ensure the dissemination implementing senior transportation agreement. The grantee shall submit a of information related to older adult programs and to assist local Statement of Work to the FTA Project transportation. The grantee shall work communities, other organizations and Manager within six (6) weeks of grant collaboratively with the FTA Project states in successfully meeting the award. Manager and the Steering Committee to transportation needs of seniors and identify specific topics. Task 2—Technical Assistance and identifying any gaps in services in order Training to create a plan for an integrated Task 5—Strategic Development in transportation program. The National Senior Center will Partnerships, Community Involvement The National Senior Center will formulate a plan in coordination with in Senior Transportation, and Senior follow a number of strategies, especially FTA, AoA and other Federal partners Mobility and Human Service coordination, empowerment, knowledge for identifying technical assistance Transportation Coordination management and person-centered needs and conducting technical The grantee shall provide guidance technical assistance. The Center will assistance and training at the state and and direction on establishing coalitions, coordinate with other technical local levels. The grantee will work with which can be integrally involved in

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providing strategic direction for state including: One-call/one-click a. Applicant’s Information; and community involvement in older transportation resource centers; mobility b. Contact Information for notification adult transportation. This shall include management, older driver, assisted of project selection (including contact a method to enhance awareness by all (door to door; hand to hand; escort) name, title, address, congressional stakeholders of funded senior mobility services, and other types of district, email, fax and phone number); and related human service transportation services provision; and, c. Type of Applicant; transportation. • Capacity and experience for d. Congressional Districts and conducting face-to-face and Web-based Funding Information; Task 6—Collaboration With FTA and training. This form must be completed in order the Federal Coordinating Council on to be considered for funding. Access and Mobility IV. Proposal Submission Information The grantee, in coordination with the A. Proposal Process 2. Proposal Content FTA Project Manager, should provide Project proposals must be submitted Every proposal must: technical assistance to the CCAM on electronically through GRANTS.GOV. a. Describe concisely, but completely, older adult transportation issues. Complete proposals for the National the project scope to be funded; b. Address each of the evaluation II. Award Information Technical Assistance Center for Senior Transportation must be submitted criteria separately in the format as FTA will fund one cooperative electronically through the stipulated in Appendix A, agreement for a five year award. Year GRANTS.GOV Web site no later than demonstrating how the project responds one of the cooperative agreement is for February 21, 2012. to each criterion; Please do not exceed nine-hundred and ninety-eight Applicants are encouraged to begin the maximum page limit of 90 pages. All thousand dollars ($998,000). The the process of registration on the pages over the limit will be excluded anticipated notification date is the GRANTS.GOV site well in advance of from consideration. winter of 2011/12, with an anticipated the submission deadline. Registration is c. Provide a total budget for the starting date for the successful applicant a multi-step process, which may take project and provide a basic line-item of March 2012. Subsequent funding will several weeks to complete before a budget for each task, describing the be based on annual appropriations and proposal can be submitted. In addition various key components and estimating future authorizations of program to the mandatory SF–424 Form that their cost; and, continuation. FTA recipients with applicants must download from d. Provide an estimated project time- existing FTA cooperative agreements or GRANTS.GOV, FTA requires applicants line and major milestones. grants are eligible to compete for this to complete the Supplemental FTA V. Proposal Review, Selection and competitive cooperative agreement. Form (Applicant and Proposal Profile, Notification The FTA will participate in National Human Service Transportation Senior Center activities by attending Technical Assistance Program). The A. Project Evaluation Criteria review meetings, commenting on Supplemental Form provides guidance Applicants must identify how the technical reports, maintaining frequent and a consistent format for applicants to proposal will enhance and/or increase contact with the grantee Project respond to the criteria outlined in this transportation or mobility benefits to Manager and approving key decisions Notice. and activities, and redirecting activities, Applicants must use this format as older adults. if needed. stipulated in Appendix A and attach it Projects will be evaluated by an FTA will publish the selected to their submission in GRANTS.GOV to interagency review team based on the organization in the Federal Register and successfully complete the application proposals submitted according to: 1. on the UWR Web site. process. Within 24–48 hours after Staff qualifications; 2. Existing capacity/ readiness; 3. Collaboration; 4. Ability to III. Eligibility Information submitting an electronic proposal, the applicant should receive an email administer demonstration grants; and 5. FTA is interested in proposals for this validation message from GRANTS.GOV. Understanding of key issues and ideas cooperative agreement from national The validation will state whether for future development. not-for-profit organizations with GRANTS.GOV found any issues with Each applicant is encouraged to demonstrated capacity in state and the submitted application. If making a demonstrate the responsiveness of a community transportation services for resubmission for any reason, include all project to all of the selection criteria older adults to include, but are not original attachments regardless of which with the most relevant information that limited to, knowledge and/or attachments were updated. Complete the applicant can provide, regardless of understanding of information in the instructions on the proposal process can whether such information has been following areas: be found at www.unitedweride.gov. specifically requested, or identified, in • Understanding strategies for Important: FTA urges applicants to this notice. building a coordinated and integrated submit their proposal at least 72 hours The review panel will assess the senior mobility and human service prior to the due date to allow time to extent to which a project addresses the transportation program; receive the validation message and to following criteria. • Capacity and experience to build correct any problems that may have 1. Staff Qualifications coordination and collaboration between caused a rejection notification. the public and private sector; Submissions received after February 21, Staff qualifications include • Capacity for developing and 2012 will not be accepted. experience in delivering technical managing a technical assistance assistance and training, knowledge of network; B. Proposal Content senior mobility issues, demonstrated • Capacity and experience for 1. Proposal Information included in process skills in assessment, strategic providing effective off-site technical the Standard Form 424—Application for planning, facilitation, and other key assistance; Federal Assistance areas associated with identified tasks, • Understanding the implementation This provides basic sponsor including capacity and experience for of a range of transportation services identifying information, including: conducting face-to-face and Web-based

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training for consumers, human service/ 5. Understanding of Key Issues and through Congressional Notification and aging providers, and transportation Ideas for Future Development Release Process. Technical assistance agencies. Applicant should also address Understanding the key issues regarding these requirements is a plan for knowledge retention. regarding: older drivers, pedestrian available from each FTA regional office. 3. Standard Assurances. The access, fixed routes, paratransit services, 2. Existing Capacity/Readiness Applicant assures that it will comply assisted (door to door; hand to hand; with all applicable Federal statutes, Existing capacity of the organization escort) services, volunteers, taxis, one- regulations, executive orders, FTA includes clearinghouse functions, web call/one-click transportation resource circulars, and other Federal development and maintenance, a centers and other types of transportation administrative requirements in carrying demonstrated ability to provide services provisions. Applicants should out any project supported by the FTA technical assistance, training, long indicate any ideas for future grant. The Applicant acknowledges that distance and on-site intervention development of a range of transportation it is under a continuing obligation to strategies, and other identified tasks; services as well as technical assistance, comply with the terms and conditions including technical assistance by training, demonstration and other of the grant agreement issued for its telephone and email, moderated and un- strategies needed to solve senior project with FTA. The Applicant moderated list-serves, web-based transportation challenges. understands that Federal laws, seminars, topic-based conference calls, B. Legal Capacity regulations, policies, and administrative the Internet (including the development practices might be modified from time of web content). Applicants must indicate that there are no legal issues which would impact to time and that modifications may a. Indicate the timeframe for their eligibility and authority to apply affect the implementation of the project. implementation of the project and for, or prevent acceptance of FTA funds. The Applicant agrees that the most obligation of funds. If the timeline for recent Federal requirements will apply either is expected to take more than 18 C. Submission Dates and Time to the project, unless FTA issues a months, please indicate the expected All proposals must be submitted written determination otherwise. The timeline and the justification for the electronically via GRANTS.GOV no Applicant must submit the longer period of implementation. later than February 21, 2012. Certifications and Assurances before b. Please indicate the short-term, mid- receiving a grant if it does not have D. Proposal Selection and Notification current Certifications on file. range and long-term goals for the Process project. C. Reporting Proposals will first be screened by 3. Collaboration FTA staff members and then screened Post-award reporting requirements and ranked by an interagency review include submission of Federal Financial Applicants must plan to collaborate panel. Final decision and allocation of Reports and Milestone Reports in TEAM with the National Senior Center Steering FTA funds will be made by the FTA on a quarterly basis for all projects. Committee, stakeholders in the public Administrator. The anticipated starting Documentation is required for payment. and private sector, and intermediary date for the successful applicant is In addition, grants which include organizations such as hospital discharge March 2012. innovative technologies may be required planners, private pay insurance, various to report on the performance of these social service and transportation system VI. Award Administration technologies. Additional reporting may networks to establish effective A. Award Notices be required specific to the National partnerships to implement tasks. Senior Center and the recipient may be Applicants should also consider and FTA will announce project selection expected to participate in events or peer develop partnerships with additional in a Federal Register Notice and will networks related to the older adult groups beyond those listed above. post the Federal Register Notice on the transportation. Established partnerships with following Web sites: www.fta.dot.gov employment, disability, or aging groups and www.unitedweride.gov. Once an VII. Agency Contacts will increase a proposal’s chance of application is selected, FTA will award For general program information, as selection. a cooperative agreement through the well as proposal-specific questions, FTA Transportation Electronic Award please send an email to Applicants must also indicate how Management System (TEAM). There is partners were involved in the proposal [email protected] or contact no pre-award authority for these Pamela Brown, (202) 493–2503. A TDD development and how they will projects. participate in its implementation, if is available at applicable. B. Administrative and National Policy 1 (800) 877–8339 (TDD/FIRS). Requirements Issued in Washington, DC, this 15th day of 4. Ability To Administer Demonstration December,, 2011. Grants 1. Grant Requirements. The successful applicant will apply for a grant through Peter Rogoff, One purpose of the National Senior TEAM and adhere to the customary FTA Administrator. Center is to award senior transportation grant requirements of Section 49 U.S.C. Appendix A demonstration grants in order to 5314(c), Transportation Research Standard Format improve transportation for senior Program, including those of C 6100.1D, populations. The applicant must Technology Development and Applicant and Proposal Profile indicate its experience and capacity to Deployment, dated 05–01–11, Research, Human Service Transportation Technical carry out this mandated task and Technical Assistance, and Training Assistance Program indicate how its organization will Programs: Application Instructions and Please respond to the information requests administer and manage the Program Management Guidelines. listed below in ninety (90) pages or less— implementation of the demonstration 2. Discretionary grants and Research including any attachments to this appendix. grants. earmarks greater than $500,000 will go Please use Times New Roman, 12 point font,

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double-spaced for the following items and capacity to carry out this mandated task and Portion Goshen Branch between Firth & please number your pages. indicate how its organization will administer Ammon, in Bingham & Bonneville Project Title (One (1) page maximum): and manage the implementation of the Counties, Idaho, 360 I.C.C. 91 (1979). To Provide a Basic Line-Item Budget for Each demonstration grants. address whether this condition Task (Two (2) page maximum): You may 5. Understanding of Key Issues and Ideas attach the budget as a separate item. For Future Development (Fifteen (15) page adequately protects affected employees, Provide an estimated project time-line and maximum): a petition for partial revocation under major milestones (Two (2) page maximum). Understanding the key issues regarding: 49 U.S.C. 10502(d) must be filed. Describe How You Will Administer the older drivers, pedestrian access, fixed routes, Provided no formal expression of Program (Ten (10) page maximum): paratransit services, assisted (door to door; intent to file an offer of financial All applicants must respond to the hand to hand; escort) services, volunteers, assistance (OFA) has been received, this following items in order to be considered for taxis, one-call/one-click transportation exemption will be effective on January funding: resource centers and other types of 18, 2012, unless stayed pending 1. Staff Qualifications (Ten (10) page transportation services provisions. reconsideration. Petitions to stay that do maximum—you may attach up to 5 Applicants should indicate any ideas for not involve environmental issues,2 additional pages of Staff Resumes): future development of a range of Staff qualifications include experience in transportation services. formal expressions of intent to file an 3 delivering technical assistance and training, 6. Legal Capacity. (One (1) page OFA under 49 CFR 1152.27(c)(2), and knowledge of senior mobility issues, maximum): trail use/rail banking requests under 49 demonstrated process skills in assessment, Applicants must indicate that there are no CFR 1152.29 must be filed by December strategic planning, facilitation, and other key legal issues which would impact their 29, 2011. Petitions to reopen or requests areas associated with identified tasks, eligibility and authority to apply for, or for public use conditions under 49 CFR including capacity and experience for prevent acceptance of FTA funds. 1152.28 must be filed by January 9, conducting face-to-face and web-based [FR Doc. 2011–32546 Filed 12–19–11; 8:45 am] training for consumers, human service/aging 2012, with the Surface Transportation providers, and transportation agencies. BILLING CODE P Board, 395 E Street SW., Washington, Applicant should also address a plan for DC 20423–0001. knowledge retention. A copy of any petition filed with the 2. Existing Capacity/Readiness To Conduct DEPARTMENT OF TRANSPORTATION Board should be sent to WCL’s Technical Assistance & Training (Fifteen (15) representative: Thomas J. Healey, 17641 page maximum): Surface Transportation Board S. Ashland Ave., Homewood, IL 60430. Existing capacity of the organization [Docket No. AB 303 (Sub-No. 38X)] If the verified notice contains false or includes clearinghouse functions, web misleading information, the exemption development and maintenance, demonstrated Wisconsin Central Ltd.—Abandonment is void ab initio. ability to provide technical assistance, WCL has filed a combined training, long distance and on-site Exemption—in Fond Du Lac County, intervention strategies, and other identified WI environmental and historic report which addresses the effects, if any, of tasks; including technical assistance by Wisconsin Central Ltd. (WCL) 1 filed a telephone and email, moderated and un- the abandonment on the environment moderated list-serves, web-based seminars, verified notice of exemption under and historic resources. OEA will issue topic-based conference calls, the Internet 49 CFR pt. 1152 subpart F—Exempt an environmental assessment (EA) by (including the development of web content). Abandonments to abandon December 23, 2011. Interested persons a. Indicate the timeframe for obligation of approximately 0.60 miles of rail line may obtain a copy of the EA by writing funds and implementation of the project. If between mileposts 175.40 and 176.00, to OEA (Room 1100, Surface the timeline is more than 18 months, please in Fond Du Lac, Fond Du Lac County, Transportation Board, Washington, DC provide the justification for the longer period Wis. The line traverses United States of implementation. 20423–0001) or by calling OEA at (202) Postal Service Zip Code 54936. 245–0305. Assistance for the hearing b. Please indicate the short-term, mid-range WCL has certified that: (1) No local and long-term goals for the project. impaired is available through the 3. Collaboration (Ten (10) page maximum): traffic has moved over the line for at Federal Information Relay Service at Applicants must plan to collaborate with least 2 years; (2) there is no overhead 1–(800) 877–8339. Comments on the National Senior Center Steering traffic on the line; (3) no formal environmental and historic preservation Committee, stakeholders in the public and complaint filed by a user of rail service matters must be filed within 15 days private sector, and intermediary on the line (or by a state or local after the EA becomes available to the organizations such as hospital discharge government entity acting on behalf of public. planners, private pay insurance, various such user) regarding cessation of service Environmental, historic preservation, social service and transportation system over the line either is pending with the public use, or trail use/rail banking networks to establish effective partnerships Surface Transportation Board (Board) or to implement tasks. conditions will be imposed, where Applicants should also consider and with any U.S. District Court or has been appropriate, in a subsequent decision. develop partnerships with additional groups decided in favor of the complainant Pursuant to the provisions of 49 CFR beyond those listed above. Established within the 2-year period; and (4) the 1152.29(e)(2), WCL shall file a notice of partnerships with employment, disability, or requirements at 49 CFR 1105.7(c) consummation with the Board to signify aging groups will increase a proposal’s (environmental report), 49 CFR 1105.11 chance of selection. (transmittal letter), 49 CFR 1105.12 2 The Board will grant a stay if an informed Applicants must also indicate how (newspaper publication), and 49 CFR decision on environmental issues (whether raised partners were involved in the proposal 1152.50(d)(1) (notice to governmental by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) development and how they will participate agencies) have been met. in its implementation, if applicable. cannot be made before the exemption’s effective 4. Ability To Administer Demonstration As a condition to this exemption, any date. See Exemption of Out-of-Service Rail Lines, 5 Grants (Fifteen (15) page maximum): employee adversely affected by the I.C.C.2d 377 (1989). Requests for a stay should be abandonment shall be protected under filed as soon as possible so that the Board may take One purpose of the National Senior Center appropriate action before the exemption’s effective is to award senior transportation Oregon Short Line Railroad—Aband. date. demonstration grants in order to improve 3 Each OFA must be accompanied by the filing transportation for senior populations. The 1 WCL is a wholly owned, indirect subsidiary of fee, which is currently set at $1,500. See 49 CFR applicant must indicate its experience and Canadian National Railway Company. 1002.2(f)(25).

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that it has exercised the authority between milepost BAV 24.9 and effective date of the exemption (30 days granted and fully abandoned the line. If milepost BAV 26.85 near Chambersburg, after the exemption was filed).3 In its consummation has not been effected by and lease the underlying real property supplemental filing, PSCC states that, WCL’s filing of a notice of from CSXT.1 after the verified notice was filed, the consummation by December 19, 2012, On December 6, 2011, PSCC filed a parties agreed to defer the closing date and there are no legal or regulatory supplement to its verified notice of and commencement of operations by barriers to consummation, the authority exemption to clarify certain aspects of PSCC until February 3, 2012. the proposed transaction and the Board to abandon will automatically expire. If the verified notice contains false or authority sought pursuant to the verified Board decisions and notices are misleading information, the exemption notice.2 available on our Web site at is void ab initio. Petitions to revoke the www.stb.dot.gov. With respect to the 2.5-mile segment on which PSCC intends to purchase the exemption under 49 U.S.C. 10502(d) Decided: December 15, 2011. improvements and lease the underlying may be filed at any time. The filing of By the Board. real property from CSXT, PSCC asserts a petition to revoke will not Rachel D. Campbell, that CSXT does not wish to retain any automatically stay the effectiveness of Director, Office of Proceedings. common carrier obligation and will the exemption. Petitions to stay must be Jeffrey Herzig, transfer its full common carrier filed no later than December 29, 2011 (at least 7 days before the exemption Clearance Clerk. obligation to PSCC together with the becomes effective). [FR Doc. 2011–32522 Filed 12–19–11; 8:45 am] tracks, ties, and other track materials. BILLING CODE 4915–01–P Because PSCC will lease both the An original and 10 copies of all improvements and the underlying real pleadings, referring to Docket No. FD property from CSXT on the 1.95-mile 35572, must be filed with the Surface DEPARTMENT OF TRANSPORTATION segment, CSXT will retain a residual Transportation Board, 395 E Street SW., common carrier authority on that Washington, DC 20423–0001. In Surface Transportation Board segment. addition, a copy of each pleading must PSCC certifies that its projected [Docket No. FD 35572] be served on Eric M. Hocky, Thorp Reed annual revenues as a result of the & Armstrong, LLP, One Commerce Pennsylvania & Southern Railway, transaction will not result in the Square, 2005 Market Street, Suite 1000, LLC—Acquisition, Lease and creation of a Class II or Class I rail Philadelphia, PA 19103. carrier and will not exceed $5 million. Operation Exemption—CSX Board decisions and notices are The earliest this transaction may be Transportation, Inc. available on our Web site at http:// consummated is January 5, 2012, the www.stb.dot.gov. Pennsylvania & Southern Railway, LLC (PSCC), a Class III carrier, has filed 1 PSCC states that it is also leasing from CSXT the By the Board. a verified notice of exemption under 49 tracks and underlying real property comprising the Decided: December 14, 2011. Chambersburg Yard, which contains approximately CFR 1150.41 to: (1) Acquire from CSX 12,000 feet of track, but further states that the Rachel D. Campbell, Transportation, Inc. (CSXT) and operate acquisition of this yard track does not require Board Director, Office of Proceedings. the improvements comprising a 2.5-mile authorization. Raina S. White, line of railroad between milepost BAV 2 Also on December 6, 2011, PSCC filed a motion for protective order, which will be addressed in a Clearance Clerk. 22.4 and milepost BAV 24.9 near separate decision. On December 7, 2011, PSCC [FR Doc. 2011–32408 Filed 12–19–11; 8:45 am] Chambersburg, Franklin County, Pa., submitted under seal an unredacted draft of its BILLING CODE 4915–01–P and lease the underlying real property Land Lease and Purchase of Rail Improvements from CSXT; and (2) lease from CSXT Agreement (Agreement) with CSXT. See Anthony Macrie—Continuance in Control Exemption—N.J. 3 PSCC’s verified notice of exemption is deemed and operate the improvements Seashore Lines, Inc., FD 35296, slip op. at 3–4 (STB to have been filed on December 6, 2011, the date comprising a 1.95-mile line of railroad served Aug. 31, 2010). PSCC filed its supplement.

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Part II

Bureau of Consumer Financial Protection

12 CFR Part 1024 Real Estate Settlement Procedures Act (Regulation X); Interim Final Rule

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BUREAU OF CONSUMER FINANCIAL without change to http:// Consumer Protection Act (Dodd-Frank PROTECTION www.regulations.gov. In addition, Act) 3 amended a number of consumer comments will be available for public financial protection laws, including 12 CFR Part 1024 inspection and copying at 1700 G Street RESPA. In addition to various [Docket No. CFPB–2011–0030] NW., Washington, DC 20006, on official substantive amendments, the Dodd- business days between the hours of Frank Act transferred rulemaking RIN 3170–AA06 10 a.m. and 5 p.m. Eastern Time. You authority for RESPA to the Bureau, can make an appointment to inspect the effective July 21, 2011. See sections Real Estate Settlement Procedures Act documents by telephoning (202) 435– 1061 and 1098 of the Dodd-Frank Act. (Regulation X) 7275. Pursuant to the Dodd-Frank Act and AGENCY: Bureau of Consumer Financial All comments, including attachments RESPA, as amended, the Bureau is Protection. and other supporting materials, will publishing for public comment an become part of the public record and ACTION: Interim final rule with request interim final rule establishing a new subject to public disclosure. Sensitive for public comment. Regulation X (Real Estate Settlement personal information, such as account Procedures Act), 12 CFR part 1024, SUMMARY: Title X of the Dodd-Frank numbers or social security numbers, implementing RESPA. Wall Street Reform and Consumer should not be included. Comments will Protection Act (Dodd-Frank Act) not be edited to remove any identifying II. Summary of the Interim Final Rule transferred rulemaking authority for a or contact information. A. General number of consumer financial FOR FURTHER INFORMATION CONTACT: protection laws from seven Federal Joseph Devlin or Jane Gao, Office of The interim final rule substantially agencies to the Bureau of Consumer Regulations, at (202) 435–7700. duplicates HUD’s Regulation X as the Financial Protection (Bureau) as of July SUPPLEMENTARY INFORMATION: Bureau’s new Regulation X, 12 CFR part 21, 2011. The Bureau is in the process 1024, making only certain non- I. Background of republishing the regulations substantive, technical, formatting, and implementing those laws with technical Congress enacted the Real Estate stylistic changes. To minimize any and conforming changes to reflect the Settlement Procedures Act of 1974 potential confusion, other than transfer of authority and certain other (RESPA) based on findings that republishing HUD’s rule (24 CFR part changes made by the Dodd-Frank Act. significant reforms in the real estate 3500) with the Bureau’s part number, In light of the transfer of the Department settlement process were needed to the Bureau is preserving where possible of Housing and Urban Development’s ensure that consumers are provided the section numbering HUD used in 24 (HUD’s) rulemaking authority for the with greater and more timely CFR part 3500. For example, while this Real Estate Settlement Procedures Act information on the nature and costs of interim final rule generally incorporates (RESPA) to the Bureau, the Bureau is the residential real estate settlement HUD’s existing regulatory text and publishing for public comment an process and are protected from appendices (including standardized and interim final rule establishing a new unnecessarily high settlement charges model forms), the rule has been edited Regulation X (Real Estate Settlement caused by certain abusive practices that as necessary to reflect nomenclature and Procedures Act). This interim final rule Congress found to have developed. In other technical amendments required by does not impose any new substantive addition to providing consumers with the Dodd-Frank Act. Notably, this obligations on persons subject to the appropriate disclosures, the purposes of interim final rule does not impose any existing Regulation X, previously RESPA include effecting certain changes new substantive obligations on published by HUD. in the settlement process for residential regulated entities. In future real estate that will result in (1) the DATES: This interim final rule is rulemakings, the Bureau expects to elimination of kickbacks or referral fees effective December 30, 2011. Comments amend Regulation X to implement that Congress found to increase must be received on or before February certain other changes to RESPA made by unnecessarily the costs of certain 21, 2012. the Dodd-Frank Act, such as preparing settlement services; and (2) a reduction and distributing booklets ‘‘jointly ADDRESSES: You may submit comments, in the amounts home buyers are addressing compliance with the identified by Docket No. CFPB–2011– required to place in escrow accounts 0030 or RIN 3170–AA06, by any of the requirements of the Truth in Lending established to insure the payment of real Act and [RESPA], in order to help following methods: estate taxes and insurance.1 RESPA also • Electronic: http:// persons borrowing money to finance the prohibits unearned fees in connection purchase of residential real estate better www.regulations.gov. Follow the with federally related mortgage loans. In instructions for submitting comments. to understand the nature and costs of • 1990, Congress amended RESPA by real estate settlement services,’’ 4 Mail: Monica Jackson, Office of the adding a new section 6 covering persons Executive Secretary, Bureau of integrating certain disclosure responsible for servicing mortgage loans requirements of the Truth in Lending Consumer Financial Protection, 1500 and amending statutory provisions Pennsylvania Ave. NW., (Attn: 1801 L Act, 15 U.S.C. 1601 et seq., with certain related to mortgage servicers’ disclosure requirements of RESPA,5 Street), Washington, DC 20220. administration of borrowers’ escrow • Hand Delivery/Courier in Lieu of adopting regulations pertaining to accounts.2 practices of mortgage servicers, and Mail: Monica Jackson, Office of the Historically, RESPA has been Executive Secretary, Bureau of issuing regulations to carry out the implemented in Regulation X of the consumer purposes of RESPA. Consumer Financial Protection, 1700 G Department of Housing and Urban Street NW., Washington, DC 20006. Development (HUD), 24 CFR part 3500. 3 Public Law 111–203, 124 Stat. 1376 (2010). All submissions must include the The Dodd-Frank Wall Street Reform and agency name and docket number or 4 Public Law 111–203, Section 1098(3). Accordingly, pending further Bureau action, the Regulatory Information Number (RIN) 1 12 U.S.C. 2601. Bureau is adopting HUD’s existing booklet on for this rulemaking. In general, all 2 Public Law 101–625, 104 Stat. 4079 (1990), settlement costs. comments received will be posted Sections 941–42. 5 Id. at Section 1032(f).

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B. Specific Changes number, 2502–0265, in order to satisfy Bureau. The Bureau is removing the References to HUD and its certain information collection civil money penalties provisions in administrative structure, including requirements of the Paperwork HUD’s existing § 3500.17(m) and (n) provisions for imposing penalties for Reduction Act. The Bureau believes that because the repetition of this RESPA- escrow violations, have been replaced requiring covered persons to modify conferred authority is unnecessary. Investigations undertaken by the Bureau with references to the Bureau. existing forms solely to replace HUD’s will be conducted in accordance with Conforming edits have been made to OMB control number with the Bureau’s 12 CFR part 1080, and administrative internal cross-references and addresses OMB control number would impose adjudications will be conducted in for filing applications and notices. substantial burden on covered persons accordance with 12 CFR part 1081. Due Conforming edits have also been made with limited or no net benefit to to the removal of paragraphs (m) and (n) to reflect the scope of the Bureau’s consumers. Accordingly, covered from § 3500.17, the ‘‘Discretionary authority pursuant to RESPA, as persons may continue to list HUD’s payments’’ paragraph in HUD’s existing amended by the Dodd-Frank Act. OMB control number on the HUD–1/1A § 3500.17(o) is being recodified as Historical references that are no longer and GFE forms until a final rule to the contrary takes effect. Covered persons § 1024.17(m) in this interim final rule. applicable, and references to effective Finally, the Bureau is removing dates that have passed, have been also have the option of replacing HUD’s OMB control number with the Bureau’s paragraphs (b) and (c) from HUD’s removed as appropriate. In addition, the existing § 3500.19 because they are Bureau is correcting a citation error in OMB control number on the HUD–1/1A and GFE forms until a final rule to the repetitive in light of other statutory and HUD’s existing § 3500.17(l)(4). As regulatory provisions. See §§ 3500.14– adopted by HUD, § 3500.17(l)(4) contrary takes effect. Accordingly, the Bureau is adding 16 (being recodified as §§ 1024.14–16). contains a cross-reference to Accordingly, corresponding cross- § 3500.21(f). The correct citation should language in Appendix C to part 1024— Instructions for Completing the Good references to §§ 3500.19(b) and (c) in be to § 3500.21(e). The Bureau is HUD’s existing Regulation X are also republishing § 3500.17(l)(4) as Faith Estimate (GFE) Form to clarify that covered persons may replace HUD’s being removed,9 and § 3500.19(d) is § 1024.17(l)(4) with the citation being recodified as § 1024.19(b). corrected to read § 1024.21(e). OMB control number with the Bureau’s References to any ‘‘HUD Public OMB control number on the form at III. Legal Authority their option. HUD’s existing § 3500.9 Guidance Document’’ throughout HUD’s A. Rulemaking Authority Regulation X have been replaced with lists the permissible changes allowed references to a ‘‘Public Guidance when the HUD–1/1A settlement changes The Bureau is issuing this interim Document’’ throughout the Bureau’s are reproduced. The Bureau is final rule pursuant to its authority under Regulation X. HUD’s existing Regulation recodifying § 3500.9 as § 1024.9 and RESPA and the Dodd-Frank Act. X CFR text contains several provisions adding language in § 1024.9(c) to clarify Effective July 21, 2011, section 1061 of that HUD adopted in 1996 but never that covered persons may replace HUD’s the Dodd-Frank Act transferred to the made effective.6 The Bureau is not OMB control number with the Bureau’s Bureau all of the HUD Secretary’s republishing those provisions with the OMB Control number on the HUD–1/1A consumer protection functions relating 10 Bureau’s Regulation X. Furthermore, the forms without written approval from the to RESPA. Accordingly, effective July Bureau is clarifying permissible changes Bureau. Furthermore, the Bureau is 21, 2011, the authority of HUD to issue that covered persons may make to the revising language in § 1024.9(a)(5) to regulations pursuant to RESPA 11 special information booklet without the clarify that covered persons are not transferred to the Bureau. Bureau’s written approval. As adopted required to display the expiration date RESPA, as amended, authorizes the that is associated with the OMB control Bureau to issue regulations to carry out by HUD, §§ 3500.6(d)(2) and (3) set forth 12 the permissible changes that covered number displayed on the HUD–1/1A the provisions of RESPA. This persons may make in the special forms. authority allows the Bureau to prescribe information booklet without written The Bureau has certain information such rules and regulations, to make approval from the Secretary of HUD. To gathering and investigative authority such interpretations, and to grant such concerning Federal consumer financial reasonable exemptions for classes of reflect the transfer of authority from 7 HUD to the Bureau, the Bureau is laws, including RESPA, under transactions, as may be necessary to recodifying § 3500.6(d)(1) as Subtitles B and E of the Dodd-Frank achieve the purposes of RESPA. In its §§ 1024.6(d)(1)(i) and (ii) to clarify Act. RESPA also confers additional existing regulation, HUD has used this permissible changes covered persons information gathering and investigative 9 See § 3500.14(a) (being recodified as may make to the special information authority on the Bureau. Accordingly, the Bureau is removing paragraphs (i) § 1024.14(a)) and § 3500.16 (being recodified as booklet without the Bureau’s written § 1024.16). and (ii) in HUD’s existing § 3500.17(l)(3) approval. 10 Public Law 111–203, 1061(b)(7)(A). Effective As discussed above, the Dodd-Frank because the repetition of the RESPA- on the designated transfer date, July 21, 2011, the conferred information gathering and Bureau was also granted ‘‘all powers and duties’’ Act directed the Bureau to integrate that were vested in the HUD Secretary relating to certain disclosures required by TILA investigative authority therein is unnecessary. RESPA on the date before the designated transfer with certain disclosures required by date. Id. at Section 1061(b)(7)(B). Until this and RESPA. The Bureau expects the content The Bureau has the authority to other interim final rules take effect, existing enforce RESPA and Regulation X regulations for which rulemaking authority and format of HUD’s existing HUD–1/ transferred to the Bureau continue to govern 1A and GFE forms to be significantly pursuant to Subtitle E of Title X of the Dodd-Frank Act.8 RESPA also confers persons covered by this rule. See 76 FR 43569 (July revised or replaced by such rulemaking. 21, 2011). The HUD–1/1A and GFE forms additional enforcement authority on the 11 Section 1066 of the Dodd-Frank Act grants the currently list HUD’s Office of Secretary of the Treasury interim authority to 7 See Public Law 111–203, Section 1002(12)(M) perform certain functions of the Bureau. Pursuant Management and Budget (OMB) control (defining RESPA as an ‘‘enumerated law.’’) An to that authority, Treasury is publishing this interim enumerated consumer law is a ‘‘Federal consumer final rule on behalf of the Bureau. 6 See Notice of Final Rule and Delay of financial law.’’ Id. at Section 1002(14). 12 Public Law 111–203, Section 1098(11); 12 Effectiveness, 61 Fed. Reg. 51782 (October 4, 1996). 8 Id. at Sections 1051–1057. U.S.C. 2603–2605, 2607, 2609, 2617.

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RESPA authority to establish extensive the transfer of authority to the Bureau The Bureau believes that the interim rules concerning appropriate and timely will help facilitate compliance with final rule will benefit consumers and disclosures about the nature and costs of RESPA and its implementing covered persons by updating and the residential real estate settlement regulations, and will help reduce recodifying Regulation X to reflect the process, the elimination of kickbacks or uncertainty regarding the applicable transfer of authority to the Bureau and referral fees with respect to certain regulatory framework. Using notice-and- certain other changes mandated by the settlement services, and mortgage comment procedures would delay this Dodd-Frank Act. This will help servicers’ administration of borrowers’ process and thus be contrary to the facilitate compliance with RESPA and escrow accounts, as well as their public interest. its implementing regulations and help handling of servicing transfers and The APA generally requires that rules reduce any uncertainty regarding the written consumer inquiries.13 be published not less than 30 days applicable regulatory framework. The before their effective dates. See 5 U.S.C. interim final rule will not impose any B. Authority To Issue an Interim Final 553(d). As with the notice and comment new substantive obligations on Rule Without Prior Notice and Comment requirement, however, the APA allows consumers or covered persons and is The Administrative Procedure Act an exception when ‘‘otherwise provided not expected to have any impact on (APA) 14 generally requires public by the agency for good cause found and consumers’ access to consumer financial notice and an opportunity to comment published with the rule.’’ 5 U.S.C. products and services. before promulgation of substantive 553(d)(3). The Bureau finds that there is Although not required by the interim regulations.15 The APA provides good cause for providing less than 30 final rule, covered entities may incur exceptions to notice-and-comment days notice here. A delayed effective some costs in updating compliance procedures, however, where an agency date would harm consumers and manuals and related materials to reflect for good cause finds that such regulated entities by needlessly the new numbering and other technical procedures are impracticable, perpetuating discrepancies between the changes reflected in the new Regulation unnecessary, or contrary to the public amended statutory text and the X. The Bureau has worked to reduce any interest or when a rulemaking relates to implementing regulation, thereby such burden by preserving the existing agency organization, procedure, and hindering compliance and prolonging numbering to the extent possible and practice.16 The Bureau finds that there uncertainty regarding the applicable believes that such costs will likely be is good cause to conclude that providing regulatory framework.17 minimal. These changes could be notice and opportunity for comment In addition, delaying the effective handled in the short term by providing would be unnecessary and contrary to date of the interim final rule for 30 days a short, standalone summary alerting the public interest under these would provide no practical benefit to users to the changes and in the long circumstances. In addition, substantially regulated entities in this context and in term could be combined with other all of the changes made by this interim fact could operate to their detriment. As updates at the firm’s convenience. The final rule, which were necessitated by discussed above, the interim final rule Bureau intends to continue investigating the Dodd-Frank Act’s transfer of RESPA published today does not impose any the possible costs to affected entities of authority from HUD to the Bureau, new, substantive obligations on updating manuals and related materials relate to agency organization, procedure, regulated entities. Instead, the rule to reflect these changes and solicits and practice and are thus exempt from makes only non-substantive, technical comments on this and other issues the APA’s notice-and-comment changes to the existing text of the discussed in this section. requirements. regulation. Thus, regulated entities that The interim final rule will have no The Bureau’s good cause findings are are already in compliance with the unique impact on depository based on the following considerations. existing rules will not need to modify institutions or credit unions with $10 As an initial matter, HUD’s existing business practices as a result of this billion or less in assets as described in regulation was a result of notice-and- rule. section 1026(a) of the Dodd-Frank Act. comment rulemaking to the extent Also, the interim final rule will have no C. Section 1022(b)(2) of the Dodd-Frank required. Moreover, the interim final unique impact on rural consumers. Act rule published today does not impose In undertaking the process of any new, substantive obligations on In developing the interim final rule, recodifying Regulation X, as well as regulated entities. Rather, the interim the Bureau has conducted an analysis of regulations implementing thirteen other final rule makes only non-substantive, potential benefits, costs, and impacts.18 existing consumer financial laws,19 the technical changes to the existing text of the regulation, such as renumbering, 17 This interim final rule is one of 14 companion the appropriate prudential regulators or other rulemakings that together restate and recodify the Federal agencies prior to proposing a rule and changing internal cross-references, implementing regulations under 14 existing during the comment process regarding consistency replacing appropriate nomenclature to consumer financial laws (part III.C, below, lists the with prudential, market, or systemic objectives reflect the transfer of authority to the 14 laws involved). In the interest of proper administered by such agencies.’’ The manner and Bureau, and changing the address for coordination of this overall regulatory framework, extent to which these provisions apply to interim which includes numerous cross-references among final rules and to benefits, costs, and impacts that filing applications and notices. Given some of the regulations, the Bureau is establishing are compelled by statutory changes rather than the technical nature of these changes, the same effective date of December 30, 2011 for discretionary Bureau action is unclear. and the fact that the interim final rule those rules published on or before that date and Nevertheless, to inform this rulemaking more fully, does not impose any additional making those published thereafter (if any) effective the Bureau performed the described analyses and substantive requirements on covered immediately. consultations. 18 Section 1022(b)(2)(A) of the Dodd-Frank Act 19 The fourteen laws implemented by this and its entities, an opportunity for prior public addresses the consideration of the potential benefits companion rulemakings are: The Consumer Leasing comment is unnecessary. In addition, and costs of regulation to consumers and covered Act, the Electronic Fund Transfer Act (except with recodifying HUD’s regulation to reflect persons, including the potential reduction of access respect to Section 920 of that Act), the Equal Credit by consumers to consumer financial products or Opportunity Act, the Fair Credit Reporting Act services; the impact on depository institutions and (except with respect to Sections 615(e) and 628 of 13 See HUD’s Regulation X, 24 CFR part 3500. credit unions with $10 billion or less in total assets that act), the Fair Debt Collection Practices Act, 14 5 U.S.C. 551 et seq. as described in Section 1026 of the Dodd-Frank Act; Subsections (b) through (f) of Section 43 of the 15 5 U.S.C. 553(b), (c). and the impact on consumers in rural areas. Section Federal Deposit Insurance Act, Sections 502 16 5 U.S.C. 553(b)(3)(A), (B). 1022(b)(2)(B) requires that the Bureau ‘‘consult with through 509 of the Gramm-Leach-Bliley Act (except

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Bureau consulted the Federal Deposit involving the convening of a panel to 1024.4 Reliance upon rule, regulation or Insurance Corporation, the Office of the consult with small business interpretation by the Bureau. Comptroller of the Currency, the representatives prior to proposing a rule 1024.5 Coverage of RESPA. National Credit Union Administration, for which an IRFA is required.23 1024.6 Special information booklet at time the Board of Governors of the Federal The IRFA and FRFA requirements of loan application. 1024.7 Good faith estimate. Reserve System, the Federal Trade described above apply only where a 1024.8 Use of HUD–1 or HUD–1A Commission, and the Department of notice of proposed rulemaking is settlement statements. Housing and Urban Development, required,24 and the panel requirement 1024.9 Reproduction of settlement including with respect to consistency applies only when a rulemaking statements. with any prudential, market, or systemic requires an IRFA.25 As discussed above 1024.10 One-day advance inspection of objectives that may be administered by in part III, a notice of proposed HUD–1 or HUD–1A settlement such agencies.20 The Bureau also has rulemaking is not required for this statement; delivery; recordkeeping. consulted with the Office of rulemaking. 1024.11 Mailing. Management and Budget for technical In addition, as discussed above, this 1024.12 No fee. assistance. The Bureau expects to have interim final rule has only a minor 1024.13 Relation to state laws. 1024.14 Prohibition against kickbacks and further consultations with the impact on entities subject to Regulation unearned fees. appropriate Federal agencies during the X. The rule imposes no new, substantive 1024.15 Affiliated business arrangements. comment period. obligations on covered entities. 1024.16 Title companies. Accordingly, the undersigned certifies IV. Request for Comment 1024.17 Escrow accounts. that this interim final rule will not have 1024.18 Validity of contracts and liens. Although notice and comment a significant economic impact on a 1024.19 Enforcement. rulemaking procedures are not required, substantial number of small entities. 1024.20 [Reserved] the Bureau invites comments on this 1024.21 Mortgage servicing transfers. notice. Commenters are specifically VI. Paperwork Reduction Act 1024.22 Severability. encouraged to identify any technical The Bureau may not conduct or 1024.23 ESIGN applicability. Appendix A to Part 1024—Instructions for issues raised by the rule. The Bureau is sponsor, and a respondent is not also seeking comment in response to a Completing HUD–1 and HUD–1A required to respond to, an information Settlement Statements; Sample HUD–1 notice published at 76 FR 75825 (Dec. collection unless it displays a currently and HUD–1A Statements 5, 2011) concerning its efforts to identify valid Office of Management and Budget Appendix B to Part 1024—Illustrations of priorities for streamlining regulations (OMB) control number. This rule Requirements of RESPA that it has inherited from other Federal contains information collection Appendix C to Part 1024—Instructions for agencies to address provisions that are requirements under the Paperwork Completing Good Faith Estimate (GFE) outdated, unduly burdensome, or Reduction Act (PRA), which have been Form unnecessary. previously approved by OMB, the OMB Appendix D to Part 1024—Affiliated Business Arrangement Disclosure V. Regulatory Flexibility Act control number for which is 2502–0265, Statement Format and the ongoing PRA burden for which Appendix E to Part 1024—Arithmetic Steps The Regulatory Flexibility Act (RFA), is unchanged by this rule. There are no as amended by the Small Business Appendix MS–1 to Part 1024—Servicing new information collection Disclosure Statement Regulatory Enforcement Fairness Act of requirements in this interim final rule. Appendix MS–2 to Part 1024—Notice of 1996, requires each agency to consider The Bureau’s OMB control number for Assignment, Sale, or Transfer of the potential impact of its regulations on this information collection is: 3170– Servicing Rights small entities, including small 0016. businesses, small governmental units, Authority: 12 U.S.C. 2603–2605, 2607, 2609, 2617, 5512, 5581. and small not-for-profit organizations.21 List of Subjects in 12 CFR Part 1024 The RFA generally requires an agency to Consumer protection, Condominiums, § 1024.1 Designation. conduct an initial regulatory flexibility Housing, Mortgages, Mortgagees, This part, known as Regulation X, is analysis (IRFA) and a final regulatory Mortgage servicing, Reporting and issued by the Bureau of Consumer flexibility analysis (FRFA) of any rule recordkeeping requirements. Financial Protection to implement the subject to notice-and-comment Real Estate Settlement Procedures Act of Authority and Issuance rulemaking requirements, unless the 1974, as amended, 12 U.S.C. 2601 et. agency certifies that the rule will not ■ For the reasons set forth above, the seq. have a significant economic impact on Bureau of Consumer Financial 22 § 1024.2 Definitions. a substantial number of small entities. Protection adds part 1024 to Chapter X The Bureau also is subject to certain in Title 12 of the Code of Federal (a) Statutory terms. All terms defined additional procedures under the RFA Regulations to read as follows: in RESPA (12 U.S.C. 2602) are used in accordance with their statutory meaning for Section 505 as it applies to Section 501(b)), the PART 1024—REAL ESTATE unless otherwise defined in paragraph Home Mortgage Disclosure Act, the Real Estate Settlement Procedures Act, the S.A.F.E. Mortgage SETTLEMENT PROCEDURES ACT (b) of this section or elsewhere in this Licensing Act, the Truth in Lending Act, the Truth (REGULATION X) part. in Savings Act, Section 626 of the Omnibus (b) Other terms. As used in this part: Appropriations Act, 2009, and the Interstate Land Sec. Application means the submission of Sales Full Disclosure Act. 1024.1 Designation. a borrower’s financial information in 20 In light of the technical but voluminous nature 1024.2 Definitions. anticipation of a credit decision relating of this recodification project, the Bureau focused 1024.3 Questions or suggestions from the consultation process on a representative sample public and copies of public guidance to a federally related mortgage loan, of the recodified regulations, while making documents. which shall include the borrower’s information on the other regulations available. The name, the borrower’s monthly income, Bureau expects to conduct differently its future consultations regarding substantive rulemakings. 23 5 U.S.C. 609. the borrower’s social security number to 21 5 U.S.C. 601 et seq. 24 5 U.S.C. 603(a), 604(a); 5 U.S.C. 553(b)(B). obtain a credit report, the property 22 5 U.S.C. 603, 604. 25 5 U.S.C. 609(b). address, an estimate of the value of the

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property, the mortgage loan amount of this part. If a dealer is a ‘‘creditor’’ as (15 U.S.C. 1602(g)), that makes or sought, and any other information defined under the definition of invests in residential real estate loans deemed necessary by the loan ‘‘federally related mortgage loan’’ in this aggregating more than $1,000,000 per originator. An application may either be part, the dealer is the lender for year. For purposes of this definition, the in writing or electronically submitted, purposes of this part. term ‘‘creditor’’ does not include any including a written record of an oral Effective date of transfer is defined in agency or instrumentality of any State, application. section 6(i)(1) of RESPA (12 U.S.C. and the term ‘‘residential real estate Balloon payment has the same 2605(i)(1)). In the case of a home equity loan’’ means any loan secured by meaning as ‘‘balloon payment’’ under conversion mortgage or reverse residential real property, including Regulation Z (12 CFR part 1026). mortgage as referenced in this section, single-family and multifamily Bureau means the Bureau of the effective date of transfer is the residential property; Consumer Financial Protection. transfer date agreed upon by the (E) Is originated either by a dealer or, Business day means a day on which transferee servicer and the transferor if the obligation is to be assigned to any the offices of the business entity are servicer. maker of mortgage loans specified in open to the public for carrying on Federally related mortgage loan or paragraphs (1)(ii)(A) through (D) of this substantially all of the entity’s business mortgage loan means as follows: definition, by a mortgage broker; or functions. (1) Any loan (other than temporary (F) Is the subject of a home equity Changed circumstances means: financing, such as a construction loan): conversion mortgage, also frequently (1)(i) Acts of God, war, disaster, or (i) That is secured by a first or called a ‘‘reverse mortgage,’’ issued by other emergency; subordinate lien on residential real any maker of mortgage loans specified (ii) Information particular to the property, including a refinancing of any in paragraphs (1)(ii) (A) through (D) of borrower or transaction that was relied secured loan on residential real property this definition. on in providing the GFE and that upon which there is either: (2) Any installment sales contract, changes or is found to be inaccurate (A) Located or, following settlement, land contract, or contract for deed on after the GFE has been provided. This will be constructed using proceeds of otherwise qualifying residential may include information about the the loan, a structure or structures property is a federally related mortgage credit quality of the borrower, the designed principally for occupancy of loan if the contract is funded in whole amount of the loan, the estimated value from one to four families (including or in part by proceeds of a loan made of the property, or any other information individual units of condominiums and by any maker of mortgage loans that was used in providing the GFE; cooperatives and including any related specified in paragraphs (1)(ii) (A) (iii) New information particular to the interests, such as a share in the through (D) of this definition. borrower or transaction that was not cooperative or right to occupancy of the (3) If the residential real property relied on in providing the GFE; or unit); or securing a mortgage loan is not located (iv) Other circumstances that are (B) Located or, following settlement, in a State, the loan is not a federally particular to the borrower or will be placed using proceeds of the related mortgage loan. transaction, including boundary loan, a manufactured home; and Good faith estimate or GFE means an disputes, the need for flood insurance, (ii) For which one of the following estimate of settlement charges a or environmental problems. paragraphs applies. The loan: borrower is likely to incur, as a dollar (2) Changed circumstances do not (A) Is made in whole or in part by any amount, and related loan information, include: lender that is either regulated by or based upon common practice and (i) The borrower’s name, the whose deposits or accounts are insured experience in the locality of the borrower’s monthly income, the by any agency of the Federal mortgaged property, as provided on the property address, an estimate of the Government; form prescribed in § 1024.7 and value of the property, the mortgage loan (B) Is made in whole or in part, or is prepared in accordance with the amount sought, and any information insured, guaranteed, supplemented, or Instructions in Appendix C to this part. contained in any credit report obtained assisted in any way: HUD means the Department of by the loan originator prior to providing (1) By the Secretary of the Department Housing and Urban Development. the GFE, unless the information changes of Housing and Urban Development HUD–1 or HUD–1A settlement or is found to be inaccurate after the (HUD) or any other officer or agency of statement (also HUD–1 or HUD–1A) GFE has been provided; or the Federal Government; or means the statement that is prescribed (ii) Market price fluctuations by (2) Under or in connection with a in this part for setting forth settlement themselves. housing or urban development program charges in connection with either the Dealer means, in the case of property administered by the Secretary of HUD or purchase or the refinancing (or other improvement loans, a seller, contractor, a housing or related program subordinate lien transaction) of 1- to or supplier of goods or services. In the administered by any other officer or 4-family residential property. case of manufactured home loans, agency of the Federal Government; Lender means, generally, the secured ‘‘dealer’’ means one who engages in the (C) Is intended to be sold by the creditor or creditors named in the debt business of manufactured home retail originating lender to the Federal obligation and document creating the sales. National Mortgage Association, the lien. For loans originated by a mortgage Dealer loan or dealer consumer credit Government National Mortgage broker that closes a federally related contract means, generally, any Association, the Federal Home Loan mortgage loan in its own name in a table arrangement in which a dealer assists Mortgage Corporation (or its successors), funding transaction, the lender is the the borrower in obtaining a federally or a financial institution from which the person to whom the obligation is related mortgage loan from the funding loan is to be purchased by the Federal initially assigned at or after settlement. lender and then assigns the dealer’s Home Loan Mortgage Corporation (or its A lender, in connection with dealer legal interests to the funding lender and successors); loans, is the lender to whom the loan is receives the net proceeds of the loan. (D) Is made in whole or in part by a assigned, unless the dealer meets the The funding lender is the lender for the ‘‘creditor’’, as defined in section 103(g) definition of creditor as defined under purposes of the disclosure requirements of the Consumer Credit Protection Act ‘‘federally related mortgage loan’’ in this

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section. See also § 1024.5(b)(7), change in collateral requirements is Veterans Affairs (VA), in any case in secondary market transactions. agreed to as a result of the consumer’s which the assignment, sale, or transfer Loan originator means a lender or default or delinquency, unless the rate of the servicing of the mortgage loan is mortgage broker. is increased or the new amount financed preceded by termination of the contract Manufactured home is defined in exceeds the unpaid balance plus earned for servicing the loan for cause, HUD regulation 24 CFR 3280.2. finance charges and premiums for commencement of proceedings for Mortgage broker means a person (not continuation of allowable insurance; bankruptcy of the servicer, or an employee of a lender) or entity that and commencement of proceedings by the renders origination services and serves (5) The renewal of optional insurance FDIC for conservatorship or receivership as an intermediary between a borrower purchased by the consumer that is of the servicer (or an entity by which the and a lender in a transaction involving added to an existing transaction, if servicer is owned or controlled). a federally related mortgage loan, disclosures relating to the initial Servicing means receiving any including such a person or entity that purchase were provided. scheduled periodic payments from a closes the loan in its own name in a Regulation Z means the regulations borrower pursuant to the terms of any table funded transaction. A loan issued by the Bureau (12 CFR part 1026) mortgage loan, including amounts for correspondent approved under HUD to implement the Federal Truth in escrow accounts under section 10 of regulation 24 CFR 202.8 for Federal Lending Act (15 U.S.C. 1601 et seq.), RESPA (12 U.S.C. 2609), and making the Housing Administration programs is a and includes the Commentary on payments to the owner of the loan or mortgage broker for purposes of this Regulation Z. other third parties of principal and part. Required use means a situation in interest and such other payments with Mortgaged property means the real which a person must use a particular respect to the amounts received from property that is security for the federally provider of a settlement service in order the borrower as may be required to have access to some distinct service related mortgage loan. pursuant to the terms of the mortgage or property, and the person will pay for Origination service means any service servicing loan documents or servicing the settlement service of the particular involved in the creation of a mortgage contract. In the case of a home equity provider or will pay a charge loan, including but not limited to the conversion mortgage or reverse attributable, in whole or in part, to the taking of the loan application, loan mortgage as referenced in this section, settlement service. However, the processing, the underwriting and servicing includes making payments to offering of a package (or combination of funding of the loan, and the processing the borrower. settlement services) or the offering of and administrative services required to Settlement means the process of discounts or rebates to consumers for perform these functions. executing legally binding documents the purchase of multiple settlement Person is defined in section 3(5) of regarding a lien on property that is services does not constitute a required RESPA (12 U.S.C. 2602(5)). subject to a federally related mortgage Prepayment penalty has the same use. Any package or discount must be loan. This process may also be called meaning as ‘‘prepayment penalty’’ optional to the purchaser. The discount ‘‘closing’’ or ‘‘escrow’’ in different under Regulation Z (12 CFR part 1026). must be a true discount below the prices jurisdictions. Public Guidance Documents means that are otherwise generally available, Federal Register documents adopted or and must not be made up by higher Settlement service means any service published, that the Bureau may amend costs elsewhere in the settlement provided in connection with a from time-to-time by publication in the process. prospective or actual settlement, Federal Register. These documents are RESPA means the Real Estate including, but not limited to, any one or also available from the Bureau at the Settlement Procedures Act of 1974 (12 more of the following: address indicated in § 1024.3. U.S.C. 2601 et seq.). (1) Origination of a federally related Refinancing means a transaction in Servicer means the person responsible mortgage loan (including, but not which an existing obligation that was for the servicing of a mortgage loan limited to, the taking of loan subject to a secured lien on residential (including the person who makes or applications, loan processing, and the real property is satisfied and replaced holds a mortgage loan if such person underwriting and funding of such by a new obligation undertaken by the also services the mortgage loan). The loans); same borrower and with the same or a term does not include: (2) Rendering of services by a new lender. The following shall not be (1) The Federal Deposit Insurance mortgage broker (including counseling, treated as a refinancing, even when the Corporation (FDIC), in connection with taking of applications, obtaining existing obligation is satisfied and assets acquired, assigned, sold, or verifications and appraisals, and other replaced by a new obligation with the transferred pursuant to section 13(c) of loan processing and origination same lender (this definition of the Federal Deposit Insurance Act or as services, and communicating with the ‘‘refinancing’’ as to transactions with the receiver or conservator of an insured borrower and lender); same lender is similar to Regulation Z, depository institution; and (3) Provision of any services related to 12 CFR 1026.20(a)): (2) The Federal National Mortgage the origination, processing or funding of (1) A renewal of a single payment Corporation (FNMA); the Federal Home a federally related mortgage loan; obligation with no change in the Loan Mortgage Corporation (Freddie (4) Provision of title services, original terms; Mac); the FDIC; HUD, including the including title searches, title (2) A reduction in the annual Government National Mortgage examinations, abstract preparation, percentage rate as computed under the Association (GNMA) and the Federal insurability determinations, and the Truth in Lending Act with a Housing Administration (FHA) issuance of title commitments and title corresponding change in the payment (including cases in which a mortgage insurance policies; schedule; insured under the National Housing Act (5) Rendering of services by an (3) An agreement involving a court (12 U.S.C. 1701 et seq.) is assigned to attorney; proceeding; HUD); the National Credit Union (6) Preparation of documents, (4) A workout agreement, in which a Administration (NCUA); the Farm including notarization, delivery, and change in the payment schedule or Service Agency; and the Department of recordation;

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(7) Rendering of credit reports and objections; preparation and issuance of instructions to forms, speech or other appraisals; a title insurance policy or policies; and material of any nature which is not (8) Rendering of inspections, the processing and administrative specifically included in paragraph (a)(1) including inspections required by services required to perform these of this section. applicable law or any inspections functions. The term also includes the (b) Unofficial interpretations; staff required by the sales contract or service of conducting a settlement. discretion. In response to requests for mortgage documents prior to transfer of Tolerance means the maximum interpretation of matters not adequately title; amount by which the charge for a covered by this part or by an official (9) Conducting of settlement by a category or categories of settlement costs interpretation issued under paragraph settlement agent and any related may exceed the amount of the estimate (a)(1)(ii) of this section, unofficial staff services; for such category or categories on a GFE. interpretations may be provided at the (10) Provision of services involving discretion of Bureau staff or counsel. mortgage insurance; § 1024.3 Questions or suggestions from Written requests for such interpretations (11) Provision of services involving public and copies of public guidance should be directed to the address hazard, flood, or other casualty documents. indicated in § 1024.3. Such insurance or homeowner’s warranties; Any questions or suggestions from the interpretations provide no protection (12) Provision of services involving public regarding RESPA, or requests for under section 19(b) of RESPA (12 U.S.C. mortgage life, disability, or similar copies of Public Guidance Documents, 2617(b)). Ordinarily, staff or counsel insurance designed to pay a mortgage should be directed to the Associate will not issue unofficial interpretations loan upon disability or death of a Director, Research, Markets, and on matters adequately covered by this borrower, but only if such insurance is Regulations, Bureau of Consumer part or by official interpretations or required by the lender as a condition of Financial Protection, 1700 G Street NW., commentaries issued under paragraph the loan; Washington, DC 20006. Legal questions (a)(1)(ii) of this section. (13) Provision of services involving concerning the interpretation of this (c) All informal counsel’s opinions real property taxes or any other part may be directed to the same and staff interpretations issued by HUD assessments or charges on the real address. before November 2, 1992, were property; withdrawn as of that date. Courts and (14) Rendering of services by a real § 1024.4 Reliance upon rule, regulation or interpretation by the Bureau. administrative agencies, however, may estate agent or real estate broker; and use previous opinions to determine the (a) Rule, regulation or interpretation. (15) Provision of any other services validity of conduct under the previous (1) For purposes of sections 19(a) and for which a settlement service provider Regulation X. requires a borrower or seller to pay. (b) of RESPA (12 U.S.C. 2617(a) and (b)), Special information booklet means only the following constitute a rule, § 1024.5 Coverage of RESPA. the booklet adopted pursuant to section regulation or interpretation of the (a) Applicability. RESPA and this part 5 of RESPA (12 U.S.C. 2604) to help Bureau: apply to all federally related mortgage persons understand the nature and costs (i) All provisions, including loans, except for the exemptions of settlement services. The Bureau appendices, of this part. Any other provided in paragraph (b) of this publishes the form of the special document referred to in this part is not section. information booklet in the Federal incorporated in this part unless it is (b) Exemptions. (1) A loan on Register or by other public notice. The specifically set out in this part; property of 25 acres or more. Bureau may issue or approve additional (ii) Any other document that is (2) Business purpose loans. An booklets or alternative booklets by published in the Federal Register by the extension of credit primarily for a publication of a Notice in the Federal Bureau and states that it is an business, commercial, or agricultural Register. ‘‘interpretation,’’ ‘‘interpretive rule,’’ purpose, as defined by 12 CFR State means any state of the United ‘‘commentary,’’ or a ‘‘statement of 1026.3(a)(1) of Regulation Z. Persons States, the District of Columbia, the policy’’ for purposes of section 19(a) of may rely on Regulation Z in Commonwealth of Puerto Rico, and any RESPA. Such documents will be determining whether the exemption territory or possession of the United prepared by Bureau staff and counsel. applies. States. Such documents may be revoked or (3) Temporary financing. Temporary Table funding means a settlement at amended by a subsequent document financing, such as a construction loan. which a loan is funded by a published in the Federal Register by the The exemption for temporary financing contemporaneous advance of loan funds Bureau. does not apply to a loan made to finance and an assignment of the loan to the (2) A ‘‘rule, regulation, or construction of 1- to 4-family residential person advancing the funds. A table- interpretation thereof by the Bureau’’ for property if the loan is used as, or may funded transaction is not a secondary purposes of section 19(b) of RESPA (12 be converted to, permanent financing by market transaction (see § 1024.5(b)(7)). U.S.C. 2617(b)) shall not include the the same lender or is used to finance Third party means a settlement special information booklet prescribed transfer of title to the first user. If a service provider other than a loan by the Bureau or any other statement or lender issues a commitment for originator. issuance, whether oral or written, by an permanent financing, with or without Title company means any institution, officer or representative of the Bureau, conditions, the loan is covered by this or its duly authorized agent, that is letter or memorandum by the Director, part. Any construction loan for new or qualified to issue title insurance. General Counsel, or other officer or rehabilitated 1- to 4-family residential Title service means any service employee of the Bureau, preamble to a property, other than a loan to a bona involved in the provision of title regulation or other issuance of the fide builder (a person who regularly insurance (lender’s or owner’s policy), Bureau, Public Guidance Document, constructs 1- to 4-family residential including but not limited to: Title report to Congress, pleading, affidavit or structures for sale or lease), is subject to examination and evaluation; other document in litigation, pamphlet, this part if its term is for two years or preparation and issuance of title handbook, guide, telegraphic more. A ‘‘bridge loan’’ or ‘‘swing loan’’ commitment; clearance of underwriting communication, explanation, in which a lender takes a security

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interest in otherwise covered 1- to 4- § 1024.2) after the application is (d) Permissible changes. (1)(i) No family residential property is not received or prepared. However, if the changes to, deletions from, or additions covered by RESPA and this part. lender denies the borrower’s application to the special information booklet (4) Vacant land. Any loan secured by for credit before the end of the three- currently prescribed by the Bureau shall vacant or unimproved property, unless business-day period, then the lender be made other than the permissible within two years from the date of the need not provide the booklet to the changes specified in paragraphs settlement of the loan, a structure or a borrower. If a borrower uses a mortgage (d)(1)(ii) through (d)(3) of this section or manufactured home will be constructed broker, the mortgage broker shall changes as otherwise approved in or placed on the real property using the distribute the special information writing by the Bureau in accordance loan proceeds. If a loan for a structure booklet and the lender need not do so. with the procedures described in this or manufactured home to be placed on The intent of this provision is that the paragraph. A request to the Bureau for vacant or unimproved property will be applicant receive the special approval of any changes other than the secured by a lien on that property, the information booklet at the earliest permissible changes specified in transaction is covered by this part. possible date. paragraphs (d)(1)(ii) through (d)(3) of (5) Assumption without lender (2) In the case of a federally related this section shall be submitted in approval. Any assumption in which the mortgage loan involving an open-ended writing to the address indicated in lender does not have the right expressly credit plan, as defined in Regulation Z, § 1024.3, stating the reasons why the to approve a subsequent person as the 12 CFR 1026.2(a)(20), a lender or applicant believes such changes, borrower on an existing federally related mortgage broker that provides the deletions or additions are necessary. mortgage loan. Any assumption in borrower with a copy of the brochure (ii)(A) In the Complaints section of which the lender’s permission is both entitled ‘‘When Your Home is On the the booklet, it is a permissible change to required and obtained is covered by Line: What You Should Know About substitute ‘‘the Bureau of Consumer RESPA and this part, whether or not the Home Equity Lines of Credit’’, or any Financial Protection’’ for ‘‘HUD’s Office lender charges a fee for the assumption. successor brochure issued by the of RESPA’’ and ‘‘the RESPA office.’’ (6) Loan conversions. Any conversion Bureau, is deemed to be in compliance of a federally related mortgage loan to with this section. (B) In the Avoiding Foreclosure different terms that are consistent with (3) In the categories of transactions set section of the booklet, it is a permissible provisions of the original mortgage forth at the end of this paragraph, the change to inform homeowners that they instrument, as long as a new note is not lender or mortgage broker does not have may find information on and assistance required, even if the lender charges an to provide the booklet to the borrower. in avoiding foreclosures at http:// additional fee for the conversion. Under the authority of section 19(a) of www.consumerfinance.gov. The (7) Secondary market transactions. A RESPA (12 U.S.C. 2617(a)), the Bureau deletion of the reference to the HUD bona fide transfer of a loan obligation in may issue a revised or separate special Web page, http://www.hud.gov/ the secondary market is not covered by information booklet that deals with foreclosure/, in the Avoiding RESPA and this part, except as set forth these transactions, or the Bureau may Foreclosure section of the booklet is not in section 6 of RESPA (12 U.S.C. 2605) choose to endorse the forms or booklets a permissible change. and § 1024.21. In determining what of other Federal agencies. In such an (C) In the Appendix to the booklet, it constitutes a bona fide transfer, the event, the requirements for delivery by is a permissible change to substitute Bureau will consider the real source of lenders and the availability of the ‘‘the Bureau of Consumer Financial funding and the real interest of the booklet or alternate materials for these Protection’’ for the reference to the funding lender. Mortgage broker transactions will be set forth in a Notice ‘‘Board of Governors of the Federal transactions that are table-funded are in the Federal Register. This paragraph Reserve System’’ in the No not secondary market transactions. shall apply to the following Discrimination section of the Appendix Neither the creation of a dealer loan or transactions: to the booklet. In the Contact dealer consumer credit contract, nor the (i) Refinancing transactions; Information section of the Appendix to first assignment of such loan or contract (ii) Closed-end loans, as defined in 12 the booklet, it is a permissible change to to a lender, is a secondary market CFR 1026.2(a)(10) of Regulation Z, when add the following contact information transaction (see § 1024.2). the lender takes a subordinate lien; for the Bureau: ‘‘Bureau of Consumer (iii) Reverse mortgages; and Financial Protection, 1700 G Street NW., § 1024.6 Special information booklet at (iv) Any other federally related Washington, DC 20006; time of loan application. mortgage loan whose purpose is not the www.consumerfinance.gov/learnmore’’. (a) Lender to provide special purchase of a 1- to 4-family residential It is also a permissible change to remove information booklet. Subject to the property. exceptions set forth in this paragraph, (b) Revision. The Bureau may from the contact information for HUD’s Office the lender shall provide a copy of the time to time revise the special of RESPA and Interstate Land Sales special information booklet to a person information booklet, publishing a notice from the Contact Information section of from whom the lender receives, or for in the Federal Register. the Appendix to the booklet. whom the lender prepares, a written (c) Reproduction. The special (2) The cover of the booklet may be application for a federally related information booklet may be reproduced in any form and may contain any mortgage loan. When two or more in any form, provided that no change is drawings, pictures or artwork, provided persons apply together for a loan, the made other than as provided under that the words ‘‘settlement costs’’ are lender is in compliance if the lender paragraph (d) of this section. The used in the title. Names, addresses and provides a copy of the booklet to one of special information booklet may not be telephone numbers of the lender or the persons applying. made a part of a larger document for others and similar information may (1) The lender shall provide the purposes of distribution under RESPA appear on the cover, but no discussion special information booklet by and this section. Any color, size and of the matters covered in the booklet delivering it or placing it in the mail to quality of paper, type of print, and shall appear on the cover. References to the applicant not later than three method of reproduction may be used so HUD on the cover of the booklet may be business days (as that term is defined in long as the booklet is clearly legible. changed to references to the Bureau.

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(3) The special information booklet in the mail, or, if the applicant agrees, (ii) While the borrower’s interest rate may be translated into languages other by fax, email, or other electronic means. is locked, the credit or charge for the than English. (3) The mortgage broker is not interest rate chosen; required to provide the applicant with (iii) While the borrower’s interest rate § 1024.7 Good faith estimate. a GFE if, before the end of the 3- is locked, the adjusted origination (a) Lender to provide. (1) Except as business-day period: charge; and otherwise provided in paragraphs (a), (i) The mortgage broker or lender (iv) Transfer taxes. (b), or (h) of this section, not later than denies the application; or (2) Except as provided in paragraph (f) 3 business days after a lender receives (ii) The applicant withdraws the of this section, the sum of the charges an application, or information sufficient application. at settlement for the following services to complete an application, the lender (4) The mortgage broker is not may not be greater than 10 percent must provide the applicant with a GFE. permitted to charge, as a condition for above the sum of the amounts included In the case of dealer loans, the lender providing a GFE, any fee for an on the GFE: must either provide the GFE or ensure appraisal, inspection, or other similar (i) Lender-required settlement that the dealer provides the GFE. settlement service. The mortgage broker services, where the lender selects the (2) The lender must provide the GFE may, at its option, charge a fee limited third party settlement service provider; to the loan applicant by hand delivery, to the cost of a credit report. The (ii) Lender-required services, title by placing it in the mail, or, if the mortgage broker may not charge services and required title insurance, applicant agrees, by fax, email, or other additional fees until after the applicant and owner’s title insurance, when the electronic means. has received the GFE and indicated an borrower uses a settlement service (3) The lender is not required to intention to proceed with the loan provider identified by the loan provide the applicant with a GFE if, covered by that GFE. If the GFE is originator; and before the end of the 3-business-day mailed to the applicant, the applicant is (iii) Government recording charges. period: considered to have received the GFE 3 (3) The amounts charged for all other (i) The lender denies the application; calendar days after it is mailed, not settlement services included on the GFE or including Sundays and the legal public may change at settlement. (ii) The applicant withdraws the holidays specified in 5 U.S.C. 6103(a). (f) Binding GFE. The loan originator is application. (5) The mortgage broker may at any bound, within the tolerances provided (4) The lender is not permitted to time collect from the loan applicant any in paragraph (e) of this section, to the charge, as a condition for providing a information that it requires in addition settlement charges and terms listed on GFE, any fee for an appraisal, to the required application information. the GFE provided to the borrower, inspection, or other similar settlement However, the mortgage broker is not unless a revised GFE is provided prior service. The lender may, at its option, permitted to require, as a condition for to settlement consistent with this charge a fee limited to the cost of a providing a GFE, that an applicant paragraph (f) or the GFE expires in credit report. The lender may not charge submit supplemental documentation to accordance with paragraph (f)(4) of this additional fees until after the applicant verify the information provided on the section. If a loan originator provides a has received the GFE and indicated an application. revised GFE consistent with this intention to proceed with the loan (c) Availability of GFE terms. Except paragraph, the loan originator must covered by that GFE. If the GFE is as provided in this paragraph, the document the reason that a revised GFE mailed to the applicant, the applicant is estimate of the charges and terms for all was provided. Loan originators must considered to have received the GFE 3 settlement services must be available for retain documentation of any reason for calendar days after it is mailed, not at least 10 business days from when the providing a revised GFE for no less than including Sundays and the legal public GFE is provided, but it may remain 3 years after settlement. holidays specified in 5 U.S.C. 6103(a). available longer, if the loan originator (1) Changed circumstances affecting (5) The lender may at any time collect extends the period of availability. The settlement costs. If changed from the loan applicant any information estimate for the following charges are circumstances result in increased costs that it requires in addition to the excepted from this requirement: the for any settlement services such that the required application information. interest rate, charges and terms charges at settlement would exceed the However, the lender is not permitted to dependent upon the interest rate, which tolerances for those charges, the loan require, as a condition for providing a includes the charge or credit for the originator may provide a revised GFE to GFE, that an applicant submit interest rate chosen, the adjusted the borrower. If a revised GFE is to be supplemental documentation to verify origination charges, and per diem provided, the loan originator must do so the information provided on the interest. within 3 business days of receiving application. (d) Content and form of GFE. The GFE information sufficient to establish (b) Mortgage broker to provide. (1) form is set out in Appendix C to this changed circumstances. The revised Except as otherwise provided in part. The loan originator must prepare GFE may increase charges for services paragraphs (a), (b), or (h) of this section, the GFE in accordance with the listed on the GFE only to the extent that either the lender or the mortgage broker requirements of this section and the the changed circumstances actually must provide a GFE not later than 3 Instructions in Appendix C to this part. resulted in higher charges. business days after a mortgage broker The instructions in Appendix C to this (2) Changed circumstances affecting receives either an application or part allow for flexibility in the loan. If changed circumstances result in information sufficient to complete an preparation and distribution of the GFE a change in the borrower’s eligibility for application. The lender is responsible in hard copy and electronic format. the specific loan terms identified in the for ascertaining whether the GFE has (e) Tolerances for amounts included GFE, the loan originator may provide a been provided. If the mortgage broker on GFE. (1) Except as provided in revised GFE to the borrower. If a revised has provided a GFE, the lender is not paragraph (f) of this section, the actual GFE is to be provided, the loan required to provide an additional GFE. charges at settlement may not exceed originator must do so within 3 business (2) The mortgage broker must provide the amounts included on the GFE for: days of receiving information sufficient the GFE by hand delivery, by placing it (i) The origination charge; to establish changed circumstances. The

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revised GFE may increase charges for not have available a loan for which the settlement agent must separately itemize services listed on the GFE only to the borrower is eligible. each third party charge paid by the extent that the changed circumstances (h) Open-end lines of credit (home- borrower and seller. All origination affecting the loan actually resulted in equity plans) under Truth in Lending services performed by or on behalf of higher charges. Act. In the case of a federally related the loan originator must be included in (3) Borrower-requested changes. If a mortgage loan involving an open-end the loan originator’s own charge. borrower requests changes to the line of credit (home-equity plan) Administrative and processing services mortgage loan identified in the GFE that covered under the Truth in Lending Act related to title services must be included change the settlement charges or the and Regulation Z, a lender or mortgage in the title underwriter’s or title agent’s terms of the loan, the loan originator broker that provides the borrower with own charge. The amount stated on the may provide a revised GFE to the the disclosures required by 12 CFR HUD–1 or HUD–1A for any itemized borrower. If a revised GFE is to be 1026.40 of Regulation Z at the time the service cannot exceed the amount provided, the loan originator must do so borrower applies for such loan shall be actually received by the settlement within 3 business days of the borrower’s deemed to satisfy the requirements of service provider for that itemized request. The revised GFE may increase this section. service, unless the charge is an average charges for services listed on the GFE (i) Violations of section 5 of RESPA charge in accordance with paragraph only to the extent that the borrower- (12 U.S.C. 2604). A loan originator that (b)(2) of this section. requested changes to the mortgage loan violates the requirements of this section (2) Use of average charge. (i) The identified on the GFE actually resulted shall be deemed to have violated section average charge for a settlement service in higher charges. 5 of RESPA. If any charges at settlement shall be no more than the average (4) Expiration of GFE. If a borrower exceed the charges listed on the GFE by amount paid for a settlement service by does not express an intent to continue more than the permitted tolerances, the one settlement service provider to with an application within 10 business loan originator may cure the tolerance another settlement service provider on days after the GFE is provided, or such violation by reimbursing to the borrower behalf of borrowers and sellers for a longer time specified by the loan the amount by which the tolerance was particular class of transactions involving originator pursuant to paragraph (c) of exceeded, at settlement or within 30 federally related mortgage loans. The this section, the loan originator is no calendar days after settlement. A total amounts paid by borrowers and longer bound by the GFE. borrower will be deemed to have sellers for a settlement service based on (5) Interest rate-dependent charges received timely reimbursement if the the use of an average charge may not and terms. If the interest rate has not loan originator delivers or places the exceed the total amounts paid to the been locked, or a locked interest rate has payment in the mail within 30 calendar providers of that service for the expired, the charge or credit for the days after settlement. particular class of transactions. (ii) The settlement service provider interest rate chosen, the adjusted § 1024.8 Use of HUD–1 or HUD–1A origination charges, per diem interest, shall define the particular class of settlement statements. transactions for purposes of calculating and loan terms related to the interest (a) Use by settlement agent. The rate may change. When the interest rate the average charge as all transactions settlement agent shall use the HUD–1 involving federally related mortgage is later locked, a revised GFE must be settlement statement in every settlement provided showing the revised interest loans for: involving a federally related mortgage (A) A period of time as determined by rate-dependent charges and terms. The loan in which there is a borrower and the settlement service provider, but not loan originator must provide the revised a seller. For transactions in which there less than 30 calendar days and not more GFE within 3 business days of the is a borrower and no seller, such as than 6 months; interest rate being locked or, for an refinancing loans or subordinate lien (B) A geographic area as determined expired interest rate, re-locked. All loans, the HUD–1 may be utilized by by the settlement service provider; and other charges and terms must remain using the borrower’s side of the HUD– (C) A type of loan as determined by the same as on the original GFE, except 1 statement. Alternatively, the form the settlement service provider. as otherwise provided in paragraph (f) HUD–1A may be used for these (iii) A settlement service provider of this section. transactions. The HUD–1 or HUD–1A may use an average charge in the same (6) New construction home purchases. may be modified as permitted under class of transactions for which the In transactions involving new this part. Either the HUD–1 or the HUD– charge was calculated. If the settlement construction home purchases, where 1A, as appropriate, shall be used for service provider uses the average charge settlement is anticipated to occur more every RESPA-covered transaction, for any transaction in the class, the than 60 calendar days from the time a unless its use is specifically exempted. settlement service provider must use the GFE is provided, the loan originator The use of the HUD–1 or HUD–1A is same average charge in every may provide the GFE to the borrower exempted for open-end lines of credit transaction within that class for which with a clear and conspicuous disclosure (home-equity plans) covered by the a GFE was provided. stating that at any time up until 60 Truth in Lending Act and Regulation Z. (iv) The use of an average charge is calendar days prior to closing, the loan (b) Charges to be stated. The not permitted for any settlement service originator may issue a revised GFE. If no settlement agent shall complete the if the charge for the service is based on such separate disclosure is provided, HUD–1 or HUD–1A, in accordance with the loan amount or property value. For the loan originator cannot issue a the instructions set forth in Appendix A example, an average charge may not be revised GFE, except as otherwise to this part. The loan originator must used for transfer taxes, interest charges, provided in paragraph (f) of this section. transmit to the settlement agent all reserves or escrow, or any type of (g) GFE is not a loan commitment. information necessary to complete the insurance, including mortgage Nothing in this section shall be HUD–1 or HUD–1A. insurance, title insurance, or hazard interpreted to require a loan originator (1) In general. The settlement agent insurance. to make a loan to a particular borrower. shall state the actual charges paid by the (v) The settlement service provider The loan originator is not required to borrower and seller on the HUD–1, or by must retain all documentation used to provide a GFE if the loan originator does the borrower on the HUD–1A. The calculate the average charge for a

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particular class of transactions for at continuous page; use of multicopy tear- § 1024.10 One-day advance inspection of least 3 years after any settlement for out sets; printing on rolls for computer HUD–1 or HUD–1A settlement statement; which that average charge was used. purposes; reorganization of sections B delivery; recordkeeping. (c) Violations of section 4 of RESPA through I, when necessary to (a) Inspection one day prior to (12 U.S.C. 2603). A violation of any of accommodate computer printing; and settlement upon request by the the requirements of this section will be manner of placement of the HUD borrower. The settlement agent shall deemed to be a violation of section 4 of number, but not the OMB approval permit the borrower to inspect the RESPA. An inadvertent or technical number, neither of which may be HUD–1 or HUD–1A settlement error in completing the HUD–1 or HUD– deleted. The expiration date associated statement, completed to set forth those 1A shall not be deemed a violation of with the OMB number listed on the items that are known to the settlement section 4 of RESPA if a revised HUD– form may be deleted. Any changes in agent at the time of inspection, during 1 or HUD–1A is provided in accordance the HUD number or OMB approval the business day immediately preceding with the requirements of this section number may be announced by notice in settlement. Items related only to the within 30 calendar days after the Federal Register, rather than by seller’s transaction may be omitted from settlement. amendment of this part. the HUD–1. (6) The borrower’s information and § 1024.9 Reproduction of settlement (b) Delivery. The settlement agent the seller’s information may be provided statements. shall provide a completed HUD–1 or on separate pages. (a) Permissible changes—HUD–1. The HUD–1A to the borrower, the seller (if following changes and insertions are (7) Signature lines may be added. there is one), the lender (if the lender is permitted when the HUD–1 settlement (8) The HUD–1 may be translated into not the settlement agent), and/or their statement is reproduced: languages other than English. agents. When the borrower’s and seller’s (1) The person reproducing the HUD– copies of the HUD–1 or HUD–1A differ 1 may insert its business name and logo (9) An additional page may be attached to the HUD–1 for the purpose as permitted by the instructions in in section A and may rearrange, but not Appendix A to this part, both copies delete, the other information that of including customary recitals and information used locally in real estate shall be provided to the lender (if the appears in section A. lender is not the settlement agent). The (2) The name, address, and other settlements; for example, breakdown of settlement agent shall deliver the information regarding the lender and payoff figures, a breakdown of the completed HUD–1 or HUD–1A at or settlement agent may be printed in borrower’s total monthly mortgage before the settlement, except as sections F and H, respectively. payments, check disbursements, a (3) Reproduction of the HUD–1 must statement indicating receipt of funds, provided in paragraphs (c) and (d) of conform to the terminology, sequence, applicable special stipulations between this section. and numbering of line items as buyer and seller, and the date funds are (c) Waiver. The borrower may waive presented in lines 100–1400. However, transferred. If space permits, such the right to delivery of the completed blank lines or items listed in lines 100– information may be added at the end of HUD–1 or HUD–1A no later than at 1400 that are not used locally or in the HUD–1. settlement by executing a written waiver connection with mortgages by the (10) As required by HUD/FHA in at or before settlement. In such case, the lender may be deleted, except for the FHA-insured loans. completed HUD–1 or HUD–1A shall be following: Lines 100, 120, 200, 220, 300, (11) As allowed by § 1024.17, relating mailed or delivered to the borrower, 301, 302, 303, 400, 420, 500, 520, 600, to an initial escrow account statement. seller, and lender (if the lender is not 601, 602, 603, 700, 800, 900, 1000, 1100, the settlement agent) as soon as 1200, 1300, and 1400. The form may be (b) Permissible changes—HUD–1A. practicable after settlement. The changes and insertions on the shortened correspondingly. The number (d) Exempt transactions. When the of a deleted item shall not be used for HUD–1 permitted under paragraph (a) of this section are also permitted when the borrower or the borrower’s agent does a substitute or new item, but the number not attend the settlement, or when the of a blank space on the HUD–1 may be HUD–1A settlement statement is reproduced, except the changes settlement agent does not conduct a used for a substitute or new item. meeting of the parties for that purpose, (4) Charges not listed on the HUD–1, described in paragraphs (a)(3) and (6) of this section. the transaction shall be exempt from the but that are customary locally or requirements of paragraphs (a) and (b) of (c) Written approval. Any other pursuant to the lender’s practice, may this section, except that the HUD–1 or be inserted in blank spaces. Where deviation in the HUD–1 or HUD–1A HUD–1A shall be mailed or delivered as existing blank spaces on the HUD–1 are forms is permissible only upon receipt soon as practicable after settlement. insufficient, additional lines and spaces of written approval of the Bureau; may be added and numbered in provided, however, that (e) Recordkeeping. The lender shall sequence with spaces on the HUD–1. notwithstanding contrary instructions in retain each completed HUD–1 or HUD– (5) The following variations in layout this section or Appendix A, reproducing 1A and related documents for five years and format are within the discretion of the HUD–1 or HUD–1A forms with the after settlement, unless the lender persons reproducing the HUD–1 and do Bureau’s OMB approval number disposes of its interest in the mortgage not require prior HUD approval: size of displayed in place of HUD’s OMB and does not service the mortgage. In pages; tint or color of pages; size and approval number does not require the that case, the lender shall provide its style of type or print; vertical spacing written approval of the Bureau. A copy of the HUD–1 or HUD–1A to the between lines or provision for request to the Bureau for approval shall owner or servicer of the mortgage as a additional horizontal space on lines (for be submitted in writing to the address part of the transfer of the loan file. Such example, to provide sufficient space for indicated in § 1024.3 and shall state the owner or servicer shall retain the HUD– recording time periods used in reasons why the applicant believes such 1 or HUD–1A for the remainder of the prorations); printing of the HUD–1 deviation is needed. The prescribed five-year period. The Bureau shall have contents on separate pages, on the front form(s) must be used until approval is the right to inspect or require copies of and back of a single page, or on one received. records covered by this paragraph (e).

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§ 1024.11 Mailing. inconsistency exists by submitting to a future date, the opportunity to The provisions of this part requiring the address indicated in § 1024.3, a copy participate in a money-making program, or permitting mailing of documents of the state law in question, any other retained or increased earnings, shall be deemed to be satisfied by law or judicial or administrative increased equity in a parent or placing the document in the mail opinion that implements, interprets or subsidiary entity, special bank deposits (whether or not received by the applies the relevant provision, and an or accounts, special or unusual banking addressee) addressed to the addresses explanation of the possible terms, services of all types at special or stated in the loan application or in other inconsistency. A determination by the free rates, sales or rentals at special information submitted to or obtained by Bureau that an inconsistency with state prices or rates, lease or rental payments the lender at the time of loan law exists will be made by publication based in whole or in part on the amount application or submitted or obtained by of a notice in the Federal Register. of business referred, trips and payment the lender or settlement agent, except ‘‘Law’’ as used in this section includes of another person’s expenses, or that a revised address shall be used regulations and any enactment which reduction in credit against an existing where the lender or settlement agent has has the force and effect of law and is obligation. The term ‘‘payment’’ is used been expressly informed in writing of a issued by a state or any political throughout §§ 1024.14 and 1024.15 as change in address. subdivision of a State. synonymous with the giving or (d) A specific preemption of receiving of any ‘‘thing of value’’ and § 1024.12 No fee. conflicting state laws regarding notices does not require transfer of money. No fee shall be imposed or charge and disclosures of mortgage servicing (e) Agreement or understanding. An made upon any other person, as a part transfers is set forth in § 1024.21(h). agreement or understanding for the of settlement costs or otherwise, by a § 1024.14 Prohibition against kickbacks referral of business incident to or part of lender in connection with a federally a settlement service need not be written related mortgage loan made by it (or a and unearned fees. (a) Section 8 violation. Any violation or verbalized but may be established by loan for the purchase of a manufactured a practice, pattern or course of conduct. home), or by a servicer (as that term is of this section is a violation of section 8 of RESPA (12 U.S.C. 2607). When a thing of value is received defined under 12 U.S.C. 2605(i)(2)) for repeatedly and is connected in any way or on account of the preparation and (b) No referral fees. No person shall give and no person shall accept any fee, with the volume or value of the business distribution of the HUD–1 or HUD–1A referred, the receipt of the thing of value settlement statement, escrow account kickback or other thing of value pursuant to any agreement or is evidence that it is made pursuant to statements required pursuant to section an agreement or understanding for the 10 of RESPA (12 U.S.C. 2609), or understanding, oral or otherwise, that business incident to or part of a referral of business. statements required by the Truth in (f) Referral. (1) A referral includes any Lending Act (15 U.S.C. 1601 et seq.). settlement service involving a federally related mortgage loan shall be referred oral or written action directed to a § 1024.13 Relation to state laws. to any person. Any referral of a person which has the effect of (a) State laws that are inconsistent settlement service is not a compensable affirmatively influencing the selection with RESPA or this part are preempted service, except as set forth in by any person of a provider of a to the extent of the inconsistency. § 1024.14(g)(1). A company may not pay settlement service or business incident However, RESPA and these regulations any other company or the employees of to or part of a settlement service when do not annul, alter, affect, or exempt any any other company for the referral of such person will pay for such settlement person subject to their provisions from settlement service business. service or business incident thereto or complying with the laws of any state (c) No split of charges except for pay a charge attributable in whole or in with respect to settlement practices, actual services performed. No person part to such settlement service or except to the extent of the shall give and no person shall accept business. inconsistency. any portion, split, or percentage of any (2) A referral also occurs whenever a (b) Upon request by any person, the charge made or received for the person paying for a settlement service or Bureau is authorized to determine if rendering of a settlement service in business incident thereto is required to inconsistencies with state law exist; in connection with a transaction involving use (see § 1024.2, ‘‘required use’’) a doing so, the Bureau shall consult with a federally related mortgage loan other particular provider of a settlement appropriate Federal agencies. than for services actually performed. A service or business incident thereto. (1) The Bureau may not determine charge by a person for which no or (g) Fees, salaries, compensation, or that a state law or regulation is nominal services are performed or for other payments. (1) Section 8 of RESPA inconsistent with any provision of which duplicative fees are charged is an permits: RESPA or this part, if the Bureau unearned fee and violates this section. (i) A payment to an attorney at law for determines that such law or regulation The source of the payment does not services actually rendered; gives greater protection to the consumer. determine whether or not a service is (ii) A payment by a title company to (2) In determining whether provisions compensable. Nor may the prohibitions its duly appointed agent for services of state law or regulations concerning of this part be avoided by creating an actually performed in the issuance of a affiliated business arrangements are arrangement wherein the purchaser of policy of title insurance; inconsistent with RESPA or this part, services splits the fee. (iii) A payment by a lender to its duly the Bureau may not construe those (d) Thing of value. This term is appointed agent or contractor for provisions that impose more stringent broadly defined in section 3(2) of services actually performed in the limitations on affiliated business RESPA (12 U.S.C. 2602(2)). It includes, origination, processing, or funding of a arrangements as inconsistent with without limitation, monies, things, loan; RESPA so long as they give more discounts, salaries, commissions, fees, (iv) A payment to any person of a protection to consumers and/or duplicate payments of a charge, stock, bona fide salary or compensation or competition. dividends, distributions of partnership other payment for goods or facilities (c) Any person may request the profits, franchise royalties, credits actually furnished or for services Bureau to determine whether an representing monies that may be paid at actually performed;

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(v) A payment pursuant to insurance company, and, where comply with these conditions was cooperative brokerage and referral customary, issuance of the title unintentional and the result of a bona arrangements or agreements between commitment, and the conducting of the fide error. An error of legal judgment real estate agents and real estate brokers. title search and closing. with respect to a person’s obligations (The statutory exemption restated in (h) Recordkeeping. Any documents under RESPA is not a bona fide error. this paragraph refers only to fee provided pursuant to this section shall Administrative and judicial divisions within real estate brokerage be retained for five (5) years from the interpretations of section 130(c) of the arrangements when all parties are acting date of execution. Truth in Lending Act shall not be in a real estate brokerage capacity, and (i) Appendix B of this part. binding interpretations of the preceding has no applicability to any fee Illustrations in Appendix B of this part sentence or section 8(d)(3) of RESPA (12 arrangements between real estate demonstrate some of the requirements U.S.C. 2607(d)(3)). brokers and mortgage brokers or of this section. (2) No person making a referral has between mortgage brokers.); required (as defined in § 1024.2, (vi) Normal promotional and § 1024.15 Affiliated business arrangements. ‘‘required use’’) any person to use any educational activities that are not particular provider of settlement (a) General. An affiliated business conditioned on the referral of business services or business incident thereto, arrangement is defined in section 3(7) of and that do not involve the defraying of except if such person is a lender, for RESPA (12 U.S.C. 2602(7)). expenses that otherwise would be requiring a buyer, borrower or seller to incurred by persons in a position to (b) Violation and exemption. An affiliated business arrangement is not a pay for the services of an attorney, refer settlement services or business credit reporting agency, or real estate incident thereto; or violation of section 8 of RESPA (12 U.S.C. 2607) and of § 1024.14 if the appraiser chosen by the lender to (vii) An employer’s payment to its represent the lender’s interest in a real own employees for any referral conditions set forth in this section are satisfied. Paragraph (b)(1) of this section estate transaction, or except if such activities. person is an attorney or law firm for (2) The Bureau may investigate high shall not apply to the extent it is arranging for issuance of a title prices to see if they are the result of a inconsistent with section 8(c)(4)(A) of insurance policy for a client, directly as referral fee or a split of a fee. If the RESPA (12 U.S.C. 2607(c)(4)(A)). agent or through a separate corporate payment of a thing of value bears no (1) The person making each referral title insurance agency that may be reasonable relationship to the market has provided to each person whose operated as an adjunct to the law value of the goods or services provided, business is referred a written disclosure, practice of the attorney or law firm, as then the excess is not for services or in the format of the Affiliated Business part of representation of that client in a goods actually performed or provided. Arrangement Disclosure Statement set These facts may be used as evidence of forth in Appendix D of this part, of the real estate transaction. a violation of section 8 and may serve nature of the relationship (explaining (3) The only thing of value that is as a basis for a RESPA investigation. the ownership and financial interest) received from the arrangement other High prices standing alone are not proof between the provider of settlement than payments listed in § 1024.14(g) is of a RESPA violation. The value of a services (or business incident thereto) a return on an ownership interest or referral (i.e., the value of any additional and the person making the referral and franchise relationship. business obtained thereby) is not to be of an estimated charge or range of (i) In an affiliated business taken into account in determining charges generally made by such arrangement: whether the payment exceeds the provider (which describes the charge (A) Bona fide dividends, and capital reasonable value of such goods, using the same terminology, as far as or equity distributions, related to facilities or services. The fact that the practical, as section L of the HUD–1 ownership interest or franchise transfer of the thing of value does not settlement statement). The disclosures relationship, between entities in an result in an increase in any charge made must be provided on a separate piece of affiliate relationship, are permissible; by the person giving the thing of value paper no later than the time of each and is irrelevant in determining whether the referral or, if the lender requires use of (B) Bona fide business loans, act is prohibited. a particular provider, the time of loan advances, and capital or equity (3) Multiple services. When a person application, except that: contributions between entities in an in a position to refer settlement service (i) Where a lender makes the referral affiliate relationship (in any direction), business, such as an attorney, mortgage to a borrower, the condition contained are not prohibited—so long as they are lender, real estate broker or agent, or in paragraph (b)(1) of this section may for ordinary business purposes and are developer or builder, receives a be satisfied at the time that the good not fees for the referral of settlement payment for providing additional faith estimate or a statement under service business or unearned fees. settlement services as part of a real § 1024.7(d) is provided; and (ii) A return on an ownership interest estate transaction, such payment must (ii) Whenever an attorney or law firm does not include: be for services that are actual, necessary requires a client to use a particular title (A) Any payment which has as a basis and distinct from the primary services insurance agent, the attorney or law firm of calculation no apparent business provided by such person. For example, shall provide the disclosures no later motive other than distinguishing among for an attorney of the buyer or seller to than the time the attorney or law firm recipients of payments on the basis of receive compensation as a title agent, is engaged by the client. the amount of their actual, estimated or the attorney must perform core title (iii) Failure to comply with the anticipated referrals; agent services (for which liability arises) disclosure requirements of this section (B) Any payment which varies separate from attorney services, may be overcome if the person making according to the relative amount of including the evaluation of the title a referral can prove by a preponderance referrals by the different recipients of search to determine the insurability of of the evidence that procedures similar payments; or the title, the clearance of underwriting reasonably adopted to result in (C) A payment based on an objections, the actual issuance of the compliance with these conditions have ownership, partnership or joint venture policy or policies on behalf of the title been maintained and that any failure to share which has been adjusted on the

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basis of previous relative referrals by of settlement service except where title included in the Initial Escrow Account recipients of similar payments. is being held for the beneficial owner. Statement required in § 1024.17(g). (iii) Neither the mere labeling of a Franchise is defined in FTC (b) Definitions. As used in this thing of value, nor the fact that it may regulation 16 CFR 436.1(h). section: be calculated pursuant to a corporate or Franchisor is defined in FTC Aggregate (or) composite analysis, partnership organizational document or regulation 16 CFR 436.1(k). hereafter called aggregate analysis, a franchise agreement, will determine Franchisee is defined in FTC means an accounting method a servicer whether it is a bona fide return on an regulation 16 CFR 436.1(i). uses in conducting an escrow account ownership interest or franchise FTC means the Federal Trade analysis by computing the sufficiency of relationship. Whether a thing of value is Commission. escrow account funds by analyzing the such a return will be determined by Person who is in a position to refer account as a whole. Appendix E to this analyzing facts and circumstances on a settlement service business means any part sets forth examples of aggregate case by case basis. real estate broker or agent, lender, escrow account analyses. (iv) A return on franchise relationship mortgage broker, builder or developer, Annual escrow account statement may be a payment to or from a attorney, title company, title agent, or means a statement containing all of the franchisee but it does not include any other person deriving a significant information set forth in § 1024.17(i). As payment which is not based on the portion of his or her gross income from noted in § 1024.17(i), a servicer shall franchise agreement, nor any payment providing settlement services. submit an annual escrow account which varies according to the number or (d) Recordkeeping. Any documents statement to the borrower within 30 amount of referrals by the franchisor or provided pursuant to this section shall calendar days of the end of the escrow franchisee or which is based on a be retained for 5 years after the date of account computation year, after franchise agreement which has been execution. conducting an escrow account analysis. adjusted on the basis of a previous (e) Appendix B of this part. Cushion or reserve (hereafter cushion) number or amount of referrals by the Illustrations in Appendix B of this part means funds that a servicer may require franchiser or franchisees. A franchise demonstrate some of the requirements a borrower to pay into an escrow agreement may not be constructed to of this section. account to cover unanticipated insulate against kickbacks or referral disbursements or disbursements made fees. § 1024.16 Title companies. before the borrower’s payments are (c) Definitions. As used in this No seller of property that will be available in the account, as limited by section: purchased with the assistance of a § 1024.17(c). Associate is defined in section 3(8) of federally related mortgage loan shall Deficiency is the amount of a negative RESPA (12 U.S.C. 2602(8)). violate section 9 of RESPA (12 U.S.C. balance in an escrow account. As noted Affiliate relationship means the 2608). Section 1024.2 defines ‘‘required in § 1024.17(f), if a servicer advances relationship among business entities use’’ of a provider of a settlement funds for a borrower, then the servicer where one entity has effective control service. must perform an escrow account over the other by virtue of a partnership analysis before seeking repayment of the or other agreement or is under common § 1024.17 Escrow accounts. deficiency. control with the other by a third entity (a) General. This section sets out the Delivery means the placing of a or where an entity is a corporation requirements for an escrow account that document in the United States mail, related to another corporation as parent a lender establishes in connection with first-class postage paid, addressed to the to subsidiary by an identity of stock a federally related mortgage loan. It sets last known address of the recipient. ownership. limits for escrow accounts using Hand delivery also constitutes delivery. Beneficial ownership means the calculations based on monthly Disbursement date means the date on effective ownership of an interest in a payments and disbursements within a which the servicer actually pays an provider of settlement services or the calendar year. If an escrow account escrow item from the escrow account. right to use and control the ownership involves biweekly or any other payment Escrow account means any account interest involved even though legal period, the requirements in this section that a servicer establishes or controls on ownership or title may be held in shall be modified accordingly. A Public behalf of a borrower to pay taxes, another person’s name. Guidance Document entitled ‘‘Biweekly insurance premiums (including flood Control, as used in the definitions of Payments—Example’’ provides insurance), or other charges with respect ‘‘associate’’ and ‘‘affiliate relationship,’’ examples of biweekly accounting and a to a federally related mortgage loan, means that a person: Public Guidance Document entitled including charges that the borrower and (i) Is a general partner, officer, ‘‘Annual Escrow Account Disclosure servicer have voluntarily agreed that the director, or employer of another person; Statement—Example’’ provides servicer should collect and pay. The (ii) Directly or indirectly or acting in examples of a 3-year accounting cycle definition encompasses any account concert with others, or through one or that may be used in accordance with established for this purpose, including a more subsidiaries, owns, holds with paragraph (c)(9) of this section. A Public ‘‘trust account’’, ‘‘reserve account’’, power to vote, or holds proxies Guidance Document entitled ‘‘impound account’’, or other term in representing, more than 20 percent of ‘‘Consumer Disclosure for Voluntary different localities. An ‘‘escrow the voting interests of another person; Escrow Account Payments’’ provides a account’’ includes any arrangement (iii) Affirmatively influences in any model disclosure format that originators where the servicer adds a portion of the manner the election of a majority of the and servicers are encouraged, but not borrower’s payments to principal and directors of another person; or required, to provide to consumers when subsequently deducts from principal the (iv) Has contributed more than 20 the originator or servicer anticipates a disbursements for escrow account items. percent of the capital of the other substantial increase in disbursements For purposes of this section, the term person. from the escrow account after the first ‘‘escrow account’’ excludes any account Direct ownership means the holding year of the loan. The disclosures in that that is under the borrower’s total of legal title to an interest in a provider model format may be combined with or control.

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Escrow account analysis means the Shortage means an amount by which estimated total annual payments from accounting that a servicer conducts in a current escrow account balance falls the escrow account. the form of a trial running balance for short of the target balance at the time of (ii) Charges during the life of the an escrow account to: escrow analysis. escrow account. Throughout the life of (1) Determine the appropriate target Single-item analysis means an an escrow account, the servicer may balances; accounting method servicers use in charge the borrower a monthly sum (2) Compute the borrower’s monthly conducting an escrow account analysis equal to one-twelfth (1⁄12) of the total payments for the next escrow account by computing the sufficiency of escrow annual escrow payments which the computation year and any deposits account funds by considering each servicer reasonably anticipates paying needed to establish or maintain the escrow item separately. Appendix E to from the account. In addition, the account; and this part sets forth examples of single- servicer may add an amount to maintain (3) Determine whether shortages, item analysis. a cushion no greater than one-sixth (1⁄6) surpluses or deficiencies exist. Submission (of an escrow account of the estimated total annual payments Escrow account computation year is a statement) means the delivery of the from the account. However, if a servicer 12-month period that a servicer statement. determines through an escrow account establishes for the escrow account Surplus means an amount by which analysis that there is a shortage or the current escrow account balance beginning with the borrower’s initial deficiency, the servicer may require the exceeds the target balance for the payment date. The term includes each borrower to pay additional deposits to account. make up the shortage or eliminate the 12-month period thereafter, unless a System of recordkeeping means the servicer chooses to issue a short year deficiency, subject to the limitations set servicer’s method of keeping forth in § 1024.17(f). statement under the conditions stated in information that reflects the facts § 1024.17(i)(4). (2) Escrow analysis at creation of relating to that servicer’s handling of the escrow account. Before establishing an Escrow account item or separate item borrower’s escrow account, including, escrow account, the servicer must means any separate expenditure but not limited to, the payment of conduct an escrow account analysis to category, such as ‘‘taxes’’ or amounts from the escrow account and determine the amount the borrower ‘‘insurance’’, for which funds are the submission of initial and annual must deposit into the escrow account collected in the escrow account for escrow account statements to borrowers. (subject to the limitations of paragraph disbursement. An escrow account item Target balance means the estimated (c)(1)(i) of this section), and the amount with installment payments, such as month end balance in an escrow of the borrower’s periodic payments local property taxes, remains one account that is just sufficient to cover into the escrow account (subject to the escrow account item regardless of the remaining disbursements from the limitations of paragraph (c)(1)(ii) of this multiple disbursement dates to the tax escrow account in the escrow account section). In conducting the escrow authority. computation year, taking into account account analysis, the servicer must Initial escrow account statement the remaining scheduled periodic estimate the disbursement amounts means the first disclosure statement that payments, and a cushion, if any. according to paragraph (c)(7) of this the servicer delivers to the borrower Trial running balance means the section. Pursuant to paragraph (k) of this concerning the borrower’s escrow accounting process that derives the section, the servicer must use a date on account. The initial escrow account target balances over the course of an or before the deadline to avoid a penalty statement shall meet the requirements of escrow account computation year. as the disbursement date for the escrow § 1024.17(g) and be in substantially the Section 1024.17(d) provides a item and comply with any other format set forth in § 1024.17(h). description of the steps involved in requirements of paragraph (k) of this Installment payment means one of performing a trial running balance. section. Upon completing the initial two or more payments payable on an (c) Limits on payments to escrow escrow account analysis, the servicer escrow account item during an escrow accounts. (1) A lender or servicer must prepare and deliver an initial account computation year. An example (hereafter servicer) shall not require a escrow account statement to the of an installment payment is where a borrower to deposit into any escrow borrower, as set forth in paragraph (g) of jurisdiction bills quarterly for taxes. account, created in connection with a this section. The servicer must use the Payment due date means the date federally related mortgage loan, more escrow account analysis to determine each month when the borrower’s than the following amounts: whether a surplus, shortage, or monthly payment to an escrow account (i) Charges at settlement or upon deficiency exists and must make any is due to the servicer. The initial creation of an escrow account. At the adjustments to the account pursuant to payment date is the borrower’s first time a servicer creates an escrow paragraph (f) of this section. payment due date to an escrow account. account for a borrower, the servicer may (3) Subsequent escrow account Penalty means a late charge imposed charge the borrower an amount analyses. For each escrow account, the by the payee for paying after the sufficient to pay the charges respecting servicer must conduct an escrow disbursement is due. It does not include the mortgaged property, such as taxes account analysis at the completion of any additional charge or fee imposed by and insurance, which are attributable to the escrow account computation year to the payee associated with choosing the period from the date such determine the borrower’s monthly installment payments as opposed to payment(s) were last paid until the escrow account payments for the next annual payments or for choosing one initial payment date. The ‘‘amount computation year, subject to the installment plan over another. sufficient to pay’’ is computed so that limitations of paragraph (c)(1)(ii) of this Pre-accrual is a practice some the lowest month end target balance section. In conducting the escrow servicers use to require borrowers to projected for the escrow account account analysis, the servicer must deposit funds, needed for disbursement computation year is zero (–0–) (see Step estimate the disbursement amounts and maintenance of a cushion, in the 2 in Appendix E to this part). In according to paragraph (c)(7) of this escrow account some period before the addition, the servicer may charge the section. Pursuant to paragraph (k) of this disbursement date. Pre-accrual is borrower a cushion that shall be no section, the servicer must use a date on subject to the limitations of § 1024.17(c). greater than one-sixth (1⁄6) of the or before the deadline to avoid a penalty

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as the disbursement date for the escrow documents provide for escrow accounts trial balance to zero, and adjusts all item and comply with any other up to the RESPA limits, then the other monthly balances accordingly. requirements of paragraph (k) of this servicer may require the maximum (C) The servicer then adds to the section. The servicer must use the amounts consistent with this section, monthly balances the permissible escrow account analysis to determine unless an applicable Federal or state law cushion. The cushion is two months of whether a surplus, shortage, or sets a lesser amount. the borrower’s escrow payments to the deficiency exists, and must make any (9) Assessments for periods longer servicer or a lesser amount specified by adjustments to the account pursuant to than one year. Some escrow account state law or the mortgage document (net paragraph (f) of this section. Upon items may be billed for periods longer of any increases or decreases because of completing an escrow account analysis, than one year. For example, servicers prior year shortages or surpluses, the servicer must prepare and submit an may need to collect flood insurance or respectively). annual escrow account statement to the water purification escrow funds for (ii) Lowest monthly balance. Under borrower, as set forth in paragraph (i) of payment every three years. In such aggregate analysis, the lowest monthly this section. cases, the servicer shall estimate the target balance for the account shall be (4) Aggregate accounting required. All borrower’s payments for a full cycle of less than or equal to one-sixth of the servicers must use the aggregate disbursements. For a flood insurance estimated total annual escrow account accounting method in conducting premium payable every 3 years, the disbursements or a lesser amount escrow account analyses. servicer shall collect the payments specified by state law or the mortgage (5) Cushion. The cushion must be no reflecting 36 equal monthly amounts. document. The target balances that the 1 greater than one-sixth ( ⁄6) of the For two out of the three years, however, servicer derives using these steps yield estimated total annual disbursements the account balance may not reach its the maximum limit for the escrow from the escrow account. low monthly balance because the low account. Appendix E to this part (6) Restrictions on pre-accrual. A point will be on a three-year cycle, as illustrates these steps. servicer must not practice pre-accrual. compared to an annual one. The annual (e) Transfer of servicing. (1) If the new (7) Servicer estimates of disbursement escrow account statement shall explain amounts. To conduct an escrow account servicer changes either the monthly this situation (see example in the Public payment amount or the accounting analysis, the servicer shall estimate the Guidance Document entitled ‘‘Annual amount of escrow account items to be method used by the transferor (old) Escrow Account Disclosure Statement— servicer, then the new servicer shall disbursed. If the servicer knows the Example’’, available in accordance with charge for an escrow item in the next provide the borrower with an initial § 1024.3). escrow account statement within 60 computation year, then the servicer (d) Methods of escrow account days of the date of servicing transfer. shall use that amount in estimating analysis. (1) The following sets forth the disbursement amounts. If the charge is steps servicers must use to determine (i) Where a new servicer provides an unknown to the servicer, the servicer whether their use of aggregate analysis initial escrow account statement upon may base the estimate on the preceding conforms with the limitations in the transfer of servicing, the new year’s charge, or the preceding year’s § 1024.17(c)(1). The steps set forth in servicer shall use the effective date of charge as modified by an amount not this section result in maximum limits. the transfer of servicing to establish the exceeding the most recent year’s change Servicers may use accounting new escrow account computation year. in the national Consumer Price Index procedures that result in lower target (ii) Where the new servicer retains the for all urban consumers (CPI, all items). balances. In particular, servicers may monthly payments and accounting In cases of unassessed new use a cushion less than the permissible method used by the transferor servicer, construction, the servicer may base an cushion or no cushion at all. This then the new servicer may continue to estimate on the assessment of section does not require the use of a use the escrow account computation comparable residential property in the cushion. year established by the transferor market area. (2) Aggregate analysis. (i) In servicer or may choose to establish a (8) Provisions in mortgage documents. conducting the escrow account analysis different computation year using a The servicer must examine the mortgage using aggregate analysis, the target short-year statement. At the completion loan documents to determine the balances may not exceed the balances of the escrow account computation year applicable cushion for each escrow computed according to the following or any short year, the new servicer shall account. If the mortgage loan documents arithmetic operations: perform an escrow analysis and provide provide for lower cushion limits, then (A) The servicer first projects a trial the borrower with an annual escrow the terms of the loan documents apply. balance for the account as a whole over account statement. Where the terms of any mortgage loan the next computation year (a trial (2) The new servicer shall treat document allow greater payments to an running balance). In doing so the shortages, surpluses and deficiencies in escrow account than allowed by this servicer assumes that it will make the transferred escrow account section, then this section controls the estimated disbursements on or before according to the procedures set forth in applicable limits. Where the mortgage the earlier of the deadline to take § 1024.17(f). loan documents do not specifically advantage of discounts, if available, or (f) Shortages, surpluses, and establish an escrow account, whether a the deadline to avoid a penalty. The deficiencies requirements. (1) Escrow servicer may establish an escrow servicer does not use pre-accrual on account analysis. For each escrow account for the loan is a matter for these disbursement dates. The servicer account, the servicer shall conduct an determination by other Federal or state also assumes that the borrower will escrow account analysis to determine law. If the mortgage loan document is make monthly payments equal to one- whether a surplus, shortage or silent on the escrow account limits and twelfth of the estimated total annual deficiency exists. a servicer establishes an escrow account escrow account disbursements. (i) As noted in § 1024.17(c)(2) and (3), under other Federal or state law, then (B) The servicer then examines the the servicer shall conduct an escrow the limitations of this section apply monthly trial balances and adds to the account analysis upon establishing an unless applicable Federal or state law first monthly balance an amount just escrow account and at completion of the provides for a lower amount. If the loan sufficient to bring the lowest monthly escrow account computation year.

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(ii) The servicer may conduct an payment, then the servicer has two the borrower’s monthly mortgage escrow account analysis at other times possible courses of action: payment and the portion of the monthly during the escrow computation year. If (A) The servicer may allow a shortage payment going into the escrow account a servicer advances funds in paying a to exist and do nothing to change it; or and shall itemize the estimated taxes, disbursement, which is not the result of (B) The servicer may require the insurance premiums, and other charges a borrower’s payment default under the borrower to repay the shortage in equal that the servicer reasonably anticipates underlying mortgage document, then monthly payments over at least a to be paid from the escrow account the servicer shall conduct an escrow 12-month period. during the escrow account computation account analysis to determine the extent (4) Deficiency. If the escrow account year and the anticipated disbursement of the deficiency before seeking analysis confirms a deficiency, then the dates of those charges. The initial repayment of the funds from the servicer may require the borrower to pay escrow account statement shall indicate borrower under this paragraph (f). additional monthly deposits to the the amount that the servicer selects as (2) Surpluses. (i) If an escrow account account to eliminate the deficiency. a cushion. The statement shall include analysis discloses a surplus, the servicer (i) If the deficiency is less than one a trial running balance for the account. shall, within 30 days from the date of month’s escrow account payment, then (ii) Pursuant to § 1024.17(h)(2), the the analysis, refund the surplus to the the servicer: servicer may incorporate the initial borrower if the surplus is greater than or (A) May allow the deficiency to exist escrow account statement into the equal to 50 dollars ($50). If the surplus and do nothing to change it; HUD–1 or HUD–1A settlement is less than 50 dollars ($50), the servicer (B) May require the borrower to repay statement. If the servicer does not may refund such amount to the the deficiency within 30 days; or incorporate the initial escrow account borrower, or credit such amount against (C) May require the borrower to repay statement into the HUD–1 or HUD–1A the next year’s escrow payments. the deficiency in 2 or more equal settlement statement, then the servicer (ii) These provisions regarding monthly payments. shall submit the initial escrow account surpluses apply if the borrower is (ii) If the deficiency is greater than or statement to the borrower as a separate current at the time of the escrow equal to 1 month’s escrow payment, the document. account analysis. A borrower is current servicer may allow the deficiency to (2) Time of submission of initial if the servicer receives the borrower’s exist and do nothing to change it or may escrow account statement for an escrow payments within 30 days of the require the borrower to repay the account established after settlement. For payment due date. If the servicer does deficiency in two or more equal escrow accounts established after not receive the borrower’s payment monthly payments. settlement (and which are not a within 30 days of the payment due date, (iii) These provisions regarding condition of the loan), a servicer shall then the servicer may retain the surplus deficiencies apply if the borrower is submit an initial escrow account in the escrow account pursuant to the current at the time of the escrow statement to a borrower within 45 terms of the mortgage loan documents. account analysis. A borrower is current calendar days of the date of (iii) After an initial or annual escrow if the servicer receives the borrower’s establishment of the escrow account. analysis has been performed, the payments within 30 days of the (h) Format for initial escrow account servicer and the borrower may enter payment due date. If the servicer does statement. (1) The format and a into a voluntary agreement for the not receive the borrower’s payment completed example for an initial escrow forthcoming escrow accounting year for within 30 days of the payment due date, account statement are set out in Public the borrower to deposit funds into the then the servicer may recover the Guidance Documents entitled ‘‘Initial escrow account for that year greater than deficiency pursuant to the terms of the Escrow Account Disclosure Statement— the limits established under paragraph mortgage loan documents. Format’’ and ‘‘Initial Escrow Account (c) of this section. Such an agreement (5) Notice of shortage or deficiency in Disclosure Statement—Example’’, shall cover only one escrow accounting escrow account. The servicer shall available in accordance with § 1024.3. year, but a new voluntary agreement notify the borrower at least once during (2) Incorporation of initial escrow may be entered into after the next the escrow account computation year if account statement into HUD–1 or HUD– escrow analysis is performed. The there is a shortage or deficiency in the 1A settlement statement. Pursuant to voluntary agreement may not alter how escrow account. The notice may be part § 1024.9(a)(11), a servicer may add the surpluses are to be treated when the of the annual escrow account statement initial escrow account statement to the next escrow analysis is performed at the or it may be a separate document. HUD–1 or HUD–1A settlement end of the escrow accounting year (g) Initial escrow account statement. statement. The servicer may include the covered by the voluntary agreement. (1) Submission at settlement, or within initial escrow account statement in the (3) Shortages. (i) If an escrow account 45 calendar days of settlement. As noted basic text or may attach the initial analysis discloses a shortage of less than in § 1024.17(c)(2), the servicer shall escrow account statement as an one month’s escrow account payment, conduct an escrow account analysis additional page to the HUD–1 or HUD– then the servicer has three possible before establishing an escrow account to 1A settlement statement. courses of action: determine the amount the borrower (3) Identification of payees. The initial (A) The servicer may allow a shortage shall deposit into the escrow account, escrow account statement need not to exist and do nothing to change it; subject to the limitations of identify a specific payee by name if it (B) The servicer may require the § 1024.17(c)(1)(i). After conducting the provides sufficient information to borrower to repay the shortage amount escrow account analysis for each escrow identify the use of the funds. For within 30 days; or account, the servicer shall submit an example, appropriate entries include: (C) The servicer may require the initial escrow account statement to the county taxes, hazard insurance, borrower to repay the shortage amount borrower at settlement or within 45 condominium dues, etc. If a particular in equal monthly payments over at least calendar days of settlement for escrow payee, such as a taxing body, receives a 12-month period. accounts that are established as a more than one payment during the (ii) If an escrow account analysis condition of the loan. escrow account computation year, the discloses a shortage that is greater than (i) The initial escrow account statement shall indicate each payment or equal to one month’s escrow account statement shall include the amount of and disbursement date. If there are

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several taxing authorities or insurers, (2) No annual statements in the case Account Disclosure Statement— the statement shall identify each taxing of default, foreclosure, or bankruptcy. Format’’ and ‘‘Annual Escrow Account body or insurer (e.g., ‘‘City Taxes’’, This paragraph (i)(2) contains an Disclosure Statement—Example’’. ‘‘School Taxes’’, ‘‘Hazard Insurance’’, or exemption from the provisions of (k) Timely payments. (1) If the terms ‘‘Flood Insurance,’’ etc.). § 1024.17(i)(1). If at the time the servicer of any federally related mortgage loan (i) Annual escrow account statements. conducts the escrow account analysis require the borrower to make payments For each escrow account, a servicer the borrower is more than 30 days to an escrow account, the servicer must shall submit an annual escrow account overdue, then the servicer is exempt pay the disbursements in a timely statement to the borrower within 30 from the requirements of submitting an manner, that is, on or before the days of the completion of the escrow annual escrow account statement to the deadline to avoid a penalty, as long as account computation year. The servicer borrower under § 1024.17(i). This the borrower’s payment is not more than shall also submit to the borrower the exemption also applies in situations 30 days overdue. previous year’s projection or initial where the servicer has brought an action (2) The servicer must advance funds escrow account statement. The servicer for foreclosure under the underlying to make disbursements in a timely shall conduct an escrow account mortgage loan, or where the borrower is manner as long as the borrower’s analysis before submitting an annual in bankruptcy proceedings. If the payment is not more than 30 days escrow account statement to the servicer does not issue an annual overdue. Upon advancing funds to pay borrower. statement pursuant to this exemption a disbursement, the servicer may seek (1) Contents of annual escrow account and the loan subsequently is reinstated repayment from the borrower for the statement. The annual escrow account or otherwise becomes current, the deficiency pursuant to paragraph (f) of statement shall provide an account servicer shall provide a history of the this section. history, reflecting the activity in the account since the last annual statement (3) For the payment of property taxes escrow account during the escrow (which may be longer than 1 year) from the escrow account, if a taxing account computation year, and a within 90 days of the date the account jurisdiction offers a servicer a choice projection of the activity in the account became current. between annual and installment for the next year. In preparing the (3) Delivery with other material. The disbursements, the servicer must also statement, the servicer may assume servicer may deliver the annual escrow comply with this paragraph (k)(3). If the scheduled payments and disbursements account statement to the borrower with taxing jurisdiction neither offers a will be made for the final 2 months of other statements or materials, including discount for disbursements on a lump the escrow account computation year. the Substitute 1098, which is provided sum annual basis nor imposes any The annual escrow account statement for Federal income tax purposes. additional charge or fee for installment must include, at a minimum, the (4) Short year statements. A servicer disbursements, the servicer must make following (the items in paragraphs may issue a short year annual escrow disbursements on an installment basis. (i)(1)(i) through (i)(1)(iv) must be clearly account statement (‘‘short year If, however, the taxing jurisdiction itemized): statement’’) to change one escrow offers a discount for disbursements on a (i) The amount of the borrower’s account computation year to another. By lump sum annual basis or imposes any current monthly mortgage payment and using a short year statement a servicer additional charge or fee for installment the portion of the monthly payment may adjust its production schedule or disbursements, the servicer may, at the going into the escrow account; alter the escrow account computation servicer’s discretion (but is not required (ii) The amount of the past year’s year for the escrow account. by RESPA to), make lump sum annual monthly mortgage payment and the (i) Effect of short year statement. The disbursements in order to take portion of the monthly payment that short year statement shall end the advantage of the discount for the went into the escrow account; ‘‘escrow account computation year’’ for borrower or avoid the additional charge (iii) The total amount paid into the the escrow account and establish the or fee for installments, as long as such escrow account during the past beginning date of the new escrow method of disbursement complies with computation year; account computation year. The servicer paragraphs (k)(1) and (k)(2) of this (iv) The total amount paid out of the shall deliver the short year statement to section. The Bureau encourages, but escrow account during the same period the borrower within 60 days from the does not require, the servicer to follow for taxes, insurance premiums, and end of the short year. the preference of the borrower, if such other charges (as separately identified); (ii) Short year statement upon preference is known to the servicer. (v) The balance in the escrow account servicing transfer. Upon the transfer of (4) Notwithstanding paragraph (k)(3) at the end of the period; servicing, the transferor (old) servicer of this section, a servicer and borrower (vi) An explanation of how any shall submit a short year statement to may mutually agree, on an individual surplus is being handled by the servicer; the borrower within 60 days of the case basis, to a different disbursement (vii) An explanation of how any effective date of transfer. basis (installment or annual) or shortage or deficiency is to be paid by (iii) Short year statement upon loan disbursement date for property taxes the borrower; and payoff. If a borrower pays off a mortgage from that required under paragraph (viii) If applicable, the reason(s) why loan during the escrow account (k)(3) of this section, so long as the the estimated low monthly balance was computation year, the servicer shall agreement meets the requirements of not reached, as indicated by noting submit a short year statement to the paragraphs (k)(1) and (k)(2) of this differences between the most recent borrower within 60 days after receiving section. The borrower must voluntarily account history and last year’s the pay-off funds. agree; neither loan approval nor any projection. Public Guidance Documents (j) Formats for annual escrow account term of the loan may be conditioned on entitled ‘‘Annual Escrow Account statement. The formats and completed the borrower’s agreeing to a different Disclosure Statement—Format’’ and examples for annual escrow account disbursement basis or disbursement ‘‘Annual Escrow Account Disclosure statements using single-item analysis date. Statement—Example’’ set forth an (pre-rule accounts) and aggregate (l) System of recordkeeping. (1) Each acceptable format and methodology for analysis are set out in Public Guidance servicer shall keep records, which may conveying this information. Documents entitled ‘‘Annual Escrow involve electronic storage, microfiche

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storage, or any method of computerized § 1024.19 Enforcement. application for a mortgage servicing storage, so long as the information is (a) Enforcement policy. It is the policy loan is submitted, or within 3 business easily retrievable, reflecting the of the Bureau regarding RESPA days after submission of the application, servicer’s handling of each borrower’s enforcement matters to cooperate with the lender, mortgage broker who escrow account. The servicer’s records Federal, state, or local agencies having anticipates using table funding, or shall include, but not be limited to, the supervisory powers over lenders or dealer who anticipates a first lien dealer payment of amounts into and from the other persons with responsibilities loan shall provide to each person who escrow account and the submission of under RESPA. Federal agencies with applies for such a loan a Servicing initial and annual escrow account supervisory powers over lenders may Disclosure Statement. A format for the statements to the borrower. use their powers to require compliance Servicing Disclosure Statement appears (2) The servicer responsible for with RESPA. In addition, failure to as Appendix MS–1 to this part. The servicing the borrower’s escrow account comply with RESPA may be grounds for specific language of the Servicing shall maintain the records for that administrative action by HUD under Disclosure Statement is not required to account for a period of at least five years HUD regulation 2 CFR part 2424 be used. The information set forth in after the servicer last serviced the concerning debarment, suspension, ‘‘Instructions to Preparer’’ on the escrow account. ineligibility of contractors and grantees, Servicing Disclosure Statement need not (3) A servicer shall provide the or under HUD regulation 24 CFR part 25 be included with the information given Bureau with information contained in concerning the HUD Mortgagee Review to applicants, and material in square the servicer’s records for a specific Board. Nothing in this paragraph is a brackets is optional or alternative escrow account, or for a number or class limitation on any other form of language. The model format may be of escrow accounts, within 30 days of enforcement that may be legally annotated with additional information the Bureau’s written request for the available. that clarifies or enhances the model information. At the Bureau’s request, (b) Investigations. The procedures for language. The lender, table funding the servicer shall convert any investigations and investigational mortgage broker, or dealer should use information contained in electronic proceedings are set forth in part 1080 of the language that best describes the storage, microfiche or computerized this title. particular circumstances. storage to paper copies for review by the (2) The Servicing Disclosure Bureau. § 1024.20 [Reserved] Statement must indicate whether the (4) Borrowers may seek information servicing of the loan may be assigned, contained in the servicer’s records by § 1024.21 Mortgage servicing transfers. sold, or transferred to any other person complying with the provisions set forth (a) Definitions. As used in this at any time while the loan is in 12 U.S.C. 2605(e) and § 1024.21(e). section: outstanding. If the lender, table funding (5) After receiving a request from the Master servicer means the owner of mortgage broker, or dealer in a first lien Bureau for information relating to the right to perform servicing, which dealer loan will engage in the servicing whether a servicer submitted an escrow may actually perform the servicing itself of the mortgage loan for which the account statement to the borrower, the or may do so through a subservicer. applicant has applied, the disclosure servicer shall respond within 30 days. If Mortgage servicing loan means a may consist of a statement that the the servicer is unable to provide the federally related mortgage loan, as that entity will service such loan and does Bureau with such information, the term is defined in § 1024.2, subject to not intend to sell, transfer, or assign the Bureau shall deem that lack of the exemptions in § 1024.5, when the servicing of the loan. If the lender, table information to be evidence of the mortgage loan is secured by a first lien. funding mortgage broker, or dealer in a servicer’s failure to submit the statement The definition does not include first lien dealer loan will not engage in to the borrower. subordinate lien loans or open-end lines the servicing of the mortgage loan for (m) Discretionary payments. Any of credit (home equity plans) covered by which the applicant has applied, the borrower’s discretionary payment (such the Truth in Lending Act and disclosure may consist of a statement as credit life or disability insurance) Regulation Z, including open-end lines that such entity intends to assign, sell, made as part of a monthly mortgage of credit secured by a first lien. or transfer servicing of such mortgage payment is to be noted on the initial and Qualified written request means a loan before the first payment is due. In annual statements. If a discretionary written correspondence from the all other instances, the disclosure must payment is established or terminated borrower to the servicer prepared in state that the servicing of the loan may during the escrow account computation accordance with paragraph (e)(2) of this be assigned, sold or transferred while year, this change should be noted on the section. the loan is outstanding. next annual statement. A discretionary Subservicer means a servicer who (c) Servicing Disclosure Statement; payment is not part of the escrow does not own the right to perform Delivery. The lender, table funding account unless the payment is required servicing, but who does so on behalf of mortgage broker, or dealer that by the lender, in accordance with the the master servicer. anticipates a first lien dealer loan shall definition of ‘‘settlement service’’ in Transferee servicer means a servicer deliver the Servicing Disclosure § 1024.2, or the servicer chooses to place who obtains or who will obtain the right Statement within 3 business days from the discretionary payment in the escrow to perform servicing functions pursuant receipt of the application by hand account. If a servicer has not established to an agreement or understanding. delivery, by placing it in the mail, or, if an escrow account for a federally related Transferor servicer means a servicer, the applicant agrees, by fax, email, or mortgage loan and only receives including a table funding mortgage other electronic means. In the event the payments for discretionary items, this broker or dealer on a first lien dealer borrower is denied credit within the 3 section is not applicable. loan, who transfers or will transfer the business-day period, no servicing right to perform servicing functions disclosure statement is required to be § 1024.18 Validity of contracts and liens. pursuant to an agreement or delivered. If co-applicants indicate the Section 17 of RESPA (12 U.S.C. 2615) understanding. same address on their application, one governs the validity of contracts and (b) Servicing Disclosure Statement; copy delivered to that address is liens under RESPA. Requirements. (1) At the time an sufficient. If different addresses are

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shown by co-applicants on the Corporation (FDIC) for conservatorship should properly receive payment on the application, a copy must be delivered to or receivership of the servicer or an loan) receives payment on or before the each of the co-applicants. entity that owns or controls the servicer. applicable due date (including any grace (d) Notices of Transfer; loan servicing. (iii) Notices of Transfer delivered at period allowed under the loan (1) Requirement for notice. (i) Except as settlement by the transferor servicer and documents), a late fee may not be provided in this paragraph (d)(1)(i) or transferee servicer, whether as separate imposed on the borrower with respect to paragraph (d)(1)(ii) of this section, each notices or as a combined notice, will that payment and the payment may not transferor servicer and transferee satisfy the timing requirements of be treated as late for any other purposes. servicer of any mortgage servicing loan paragraph (d)(2) of this section. (e) Duty of loan servicer to respond to shall deliver to the borrower a written (3) Notices of Transfer; contents. The borrower inquiries. (1) Notice of receipt Notice of Transfer, containing the Notices of Transfer required under of inquiry. Within 20 business days of information described in paragraph paragraph (d) of this section shall a servicer of a mortgage servicing loan (d)(3) of this section, of any assignment, include the following information: receiving a qualified written request sale, or transfer of the servicing of the (i) The effective date of the transfer of from the borrower for information loan. The following transfers are not servicing; relating to the servicing of the loan, the considered an assignment, sale, or (ii) The name, consumer inquiry servicer shall provide to the borrower a transfer of mortgage loan servicing for addresses (including, at the option of written response acknowledging receipt purposes of this requirement if there is the servicer, a separate address where of the qualified written request. This no change in the payee, address to qualified written requests must be sent), requirement shall not apply if the action which payment must be delivered, and a toll-free or collect-call telephone requested by the borrower is taken account number, or amount of payment number for an employee or department within that period and the borrower is due: of the transferee servicer; notified of that action in accordance (A) Transfers between affiliates; (iii) A toll-free or collect-call with the paragraph (f)(3) of this section. (B) Transfers resulting from mergers telephone number for an employee or By notice either included in the Notice or acquisitions of servicers or department of the transferor servicer of Transfer or separately delivered by subservicers; and that can be contacted by the borrower first-class mail, postage prepaid, a (C) Transfers between master for answers to servicing transfer servicer may establish a separate and servicers, where the subservicer remains inquiries; exclusive office and address for the the same. (iv) The date on which the transferor receipt and handling of qualified (ii) The Federal Housing servicer will cease to accept payments written requests. Administration (FHA) is not required relating to the loan and the date on (2) Qualified written request; defined. under paragraph (d) of this section to which the transferee servicer will begin (i) For purposes of paragraph (e) of this submit to the borrower a Notice of to accept such payments. These dates section, a qualified written request Transfer in cases where a mortgage shall either be the same or consecutive means a written correspondence (other insured under the National Housing Act days; than notice on a payment coupon or is assigned to FHA. (v) Information concerning any effect other payment medium supplied by the (2) Time of notice. (i) Except as the transfer may have on the terms or servicer) that includes, or otherwise provided in paragraph (d)(2)(ii) of this the continued availability of mortgage enables the servicer to identify, the section: life or disability insurance, or any other name and account of the borrower, and (A) The transferor servicer shall type of optional insurance, and any includes a statement of the reasons that deliver the Notice of Transfer to the action the borrower must take to the borrower believes the account is in borrower not less than 15 days before maintain coverage; error, if applicable, or that provides the effective date of the transfer of the (vi) A statement that the transfer of sufficient detail to the servicer regarding servicing of the mortgage servicing loan; servicing does not affect any other term information relating to the servicing of (B) The transferee servicer shall or condition of the mortgage documents, the loan sought by the borrower. deliver the Notice of Transfer to the other than terms directly related to the (ii) A written request does not borrower not more than 15 days after servicing of the loan; and constitute a qualified written request if the effective date of the transfer; and (vii) A statement of the borrower’s it is delivered to a servicer more than 1 (C) The transferor and transferee rights in connection with complaint year after either the date of transfer of servicers may combine their notices into resolution, including the information set servicing or the date that the mortgage one notice, which shall be delivered to forth in paragraph (e) of this section. servicing loan amount was paid in full, the borrower not less than 15 days Appendix MS–2 of this part illustrates whichever date is applicable. before the effective date of the transfer a statement satisfactory to the Bureau. (3) Action with respect to the inquiry. of the servicing of the mortgage (4) Notices of Transfer; sample notice. Not later than 60 business days after servicing loan. Sample language that may be used to receiving a qualified written request (ii) The Notice of Transfer shall be comply with the requirements of from the borrower, and, if applicable, delivered to the borrower by the paragraph (d) of this section is set out before taking any action with respect to transferor servicer or the transferee in Appendix MS–2 of this part. Minor the inquiry, the servicer shall: servicer not more than 30 days after the modifications to the sample language (i) Make appropriate corrections in effective date of the transfer of the may be made to meet the particular the account of the borrower, including servicing of the mortgage servicing loan circumstances of the servicer, but the the crediting of any late charges or in any case in which the transfer of substance of the sample language shall penalties, and transmit to the borrower servicing is preceded by: not be omitted or substantially altered. a written notification of the correction. (A) Termination of the contract for (5) Consumer protection during This written notification shall include servicing the loan for cause; transfer of servicing. During the 60-day the name and telephone number of a (B) Commencement of proceedings for period beginning on the effective date of representative of the servicer who can bankruptcy of the servicer; or transfer of the servicing of any mortgage provide assistance to the borrower; or (C) Commencement of proceedings by servicing loan, if the transferor servicer (ii) After conducting an investigation, the Federal Deposit Insurance (rather than the transferee servicer that provide the borrower with a written

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explanation or clarification that and any reasonable attorneys’ fees § 1024.23 ESIGN applicability. includes: incurred in connection with the action. The Electronic Signatures in Global (A) To the extent applicable, a (2) Nonliability. A transferor or and National Commerce Act (‘‘ESIGN’’), statement of the servicer’s reasons for transferee servicer shall not be liable for 15 U.S.C. 7001–7031, shall apply to this concluding the account is correct and any failure to comply with the part. the name and telephone number of an requirements of this section, if within Appendix A to Part 1024—Instructions employee, office, or department of the 60 days after discovering an error for Completing HUD–1 and HUD–1a servicer that can provide assistance to (whether pursuant to a final written Settlement Statements; Sample HUD–1 the borrower; or examination report or the servicer’s own and HUD–1a Statements (B) Information requested by the procedures) and before commencement borrower, or an explanation of why the of an action under this section and the The following are instructions for completing the HUD–1 settlement statement, information requested is unavailable or receipt of written notice of the error cannot be obtained by the servicer, and required under section 4 of RESPA and 12 from the borrower, the servicer notifies CFR part 1024 (Regulation X) of the Bureau the name and telephone number of an the person concerned of the error and of Consumer Financial Protection (Bureau) employee, office, or department of the makes whatever adjustments are regulations. This form is to be used as a servicer that can provide assistance to necessary in the appropriate account to statement of actual charges and adjustments the borrower. ensure that the person will not be paid by the borrower and the seller, to be (4) Protection of credit rating. (i) required to pay an amount in excess of given to the parties in connection with the During the 60-business day period any amount that the person otherwise settlement. The instructions for completion of the HUD–1 are primarily for the benefit of beginning on the date of the servicer would have paid. receiving from a borrower a qualified the settlement agents who prepare the statements and need not be transmitted to the written request relating to a dispute on (g) Timely payments by servicer. If the terms of any mortgage servicing loan parties as an integral part of the HUD–1. the borrower’s payments, a servicer may There is no objection to the use of the HUD– not provide adverse information require the borrower to make payments to the servicer of the loan for deposit 1 in transactions in which its use is not regarding any payment that is the legally required. Refer to the definitions subject of the qualified written request into an escrow account for the purpose section of the regulations (12 CFR 1024.2) for to any consumer reporting agency (as of assuring payment of taxes, insurance specific definitions of many of the terms that that term is defined in section 603 of the premiums, and other charges with are used in these instructions. respect to the mortgaged property, the Fair Credit Reporting Act, 15 U.S.C. General Instructions servicer shall make payments from the 1681a). Information and amounts may be filled in (ii) In accordance with section 17 of escrow account in a timely manner for the taxes, insurance premiums, and by typewriter, hand printing, computer RESPA (12 U.S.C. 2615), the protection printing, or any other method producing other charges as the payments become of credit rating provision of paragraph clear and legible results. Refer to the Bureau’s (e)(4)(i) of this section does not impede due, as governed by the requirements in regulations (Regulation X) regarding rules a lender or servicer from pursuing any § 1024.17(k). applicable to reproduction of the HUD–1 for of its remedies, including initiating (h) Preemption of state laws. A lender the purpose of including customary recitals foreclosure, allowed by the underlying who makes a mortgage servicing loan or and information used locally in settlements; a servicer shall be considered to have for example, a breakdown of payoff figures, mortgage loan instruments. a breakdown of the Borrower’s total monthly (f) Damages and costs. (1) Whoever complied with the provisions of any mortgage payments, check disbursements, a fails to comply with any provision of state law or regulation requiring notice statement indicating receipt of funds, this section shall be liable to the to a borrower at the time of application applicable special stipulations between borrower for each failure in the for a loan or transfer of servicing of a Borrower and Seller, and the date funds are following amounts: loan if the lender or servicer complies transferred. (i) Individuals. In the case of any with the requirements of this section. The settlement agent shall complete the action by an individual, an amount Any state law requiring notice to the HUD–1 to itemize all charges imposed upon equal to the sum of any actual damages borrower at the time of application or at the Borrower and the Seller by the loan the time of transfer of servicing of the originator and all sales commissions, sustained by the individual as the result whether to be paid at settlement or outside of the failure and, when there is a loan is preempted, and there shall be no of settlement, and any other charges which pattern or practice of noncompliance additional borrower disclosure either the Borrower or the Seller will pay at with the requirements of this section, requirements. Provisions of state law, settlement. Charges for loan origination and any additional damages in an amount such as those requiring additional title services should not be itemized except not to exceed $1,000. notices to insurance companies or as provided in these instructions. For each (ii) Class actions. In the case of a class taxing authorities, are not preempted by separately identified settlement service in action, an amount equal to the sum of section 6 of RESPA or this section, and connection with the transaction, the name of the person ultimately receiving the payment any actual damages to each borrower in this additional information may be added to a notice prepared under this must be shown together with the total the class that result from the failure and, amount paid to such person. Items paid to when there is a pattern or practice of section, if the procedure is allowable and retained by a loan originator are noncompliance with the requirements under state law. disclosed as required in the instructions for of this section, any additional damages lines in the 800-series of the HUD–1 (and for § 1024.22 Severability. in an amount not greater than $1,000 for per diem interest, in the 900-series of the each class member. However, the total If any particular provision of this part HUD–1). amount of any additional damages in a or the application of any particular As a general rule, charges that are paid for class action may not exceed the lesser provision to any person or circumstance by the seller must be shown in the seller’s column on page 2 of the HUD–1 (unless paid of $500,000 or 1 percent of the net is held invalid, the remainder of this outside closing), and charges that are paid for worth of the servicer. part and the application of such by the borrower must be shown in the (iii) Costs. In addition, in the case of provisions to other persons or borrower’s column (unless paid outside any successful action under paragraph circumstances shall not be affected by closing). However, in order to promote (f) of this section, the costs of the action such holding. comparability between the charges on the

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GFE and the charges on the HUD–1, if a seller more than one Borrower or Seller, the name construction of a new structure constructed pays for a charge that was included on the and address of each one is required. Use a for sale is used as or converted to a loan to GFE, the charge should be listed in the supplementary page if needed to list multiple finance purchase. Line 202 should also be borrower’s column on page 2 of the HUD–1. Borrowers or Sellers. used for the amount of the first user loan, That charge should also be offset by listing Section F. Fill in the name, current mailing when a loan to purchase a manufactured a credit in that amount to the borrower on address and zip code of the Lender. home for resale is converted to a loan to lines 204–209 on page 1 of the HUD–1, and Section G. The street address of the finance purchase by the first user. For other by a charge to the seller in lines 506–509 on property being sold should be listed. If there loans covered by 12 CFR part 1024 page 1 of the HUD–1. If a loan originator is no street address, a brief legal description (Regulation X) which finance construction of (other than for no-cost loans), real estate or other location of the property should be a new structure or purchase of a agent, other settlement service provider, or inserted. In all cases give the zip code of the manufactured home, list the sales price of the other person pays for a charge that was property. land on Line 104, the construction cost or included on the GFE, the charge should be Section H. Fill in name, address, zip code purchase price of manufactured home on listed in the borrower’s column on page 2 of and telephone number of settlement agent, Line 105 (Line 101 would be left blank in this the HUD–1, with an offsetting credit reported and address and zip code of ‘‘place of instance) and amount of the loan on Line on page 1 of the HUD–1, identifying the party settlement.’’ 202. The remainder of the form should be paying the charge. Section I. Fill in date of settlement. completed taking into account adjustments Charges paid outside of settlement by the Section J. Summary of Borrower’s and charges related to the temporary borrower, seller, loan originator, real estate Transaction. Line 101 is for the contract sales financing and permanent financing and agent, or any other person, must be included price of the property being sold, excluding which are known at the date of settlement. on the HUD–1 but marked ‘‘P.O.C.’’ for ‘‘Paid the price of any items of tangible personal Line 203 is used for cases in which the Outside of Closing’’ (settlement) and must property if Borrower and Seller have agreed Borrower is assuming or taking title subject not be included in computing totals. to a separate price for such items. to an existing loan or lien on the property. However, indirect payments from a lender to Line 102 is for the sales price of any items Lines 204–209 are used for other items a mortgage broker may not be disclosed as of tangible personal property excluded from paid by or on behalf of the Borrower. Lines 204–209 should be used to indicate any P.O.C., and must be included as a credit on Line 101. Personal property could include such items as carpets, drapes, stoves, financing arrangements or other new loan not Line 802. P.O.C. items must not be placed in refrigerators, etc. What constitutes personal listed in Line 202. For example, if the the Borrower or Seller columns, but rather on property varies from state to state. Borrower is using a second mortgage or note the appropriate line outside the columns. Manufactured homes are not considered to finance part of the purchase price, whether The settlement agent must indicate whether personal property for this purpose. from the same lender, another lender or the P.O.C. items are paid for by the Borrower, Line 103 is used to record the total charges Seller, insert the principal amount of the loan Seller, or some other party by marking the to Borrower detailed in section L and totaled with a brief explanation on Lines 204–209. items paid for by whoever made the payment on Line 1400. Lines 204–209 should also be used where the as ‘‘P.O.C.’’ with the party making the Lines 104 and 105 are for additional Borrower receives a credit from the Seller for payment identified in parentheses, such as amounts owed by the Borrower, such as closing costs, including seller-paid GFE ‘‘P.O.C. (borrower)’’ or ‘‘P.O.C. (seller)’’. charges that were not listed on the GFE or charges. They may also be used in cases in In the case of ‘‘no cost’’ loans where ‘‘no items paid by the Seller prior to settlement which a Seller (typically a builder) is making cost’’ encompasses third party fees as well as but reimbursed by the Borrower at an ‘‘allowance’’ to the Borrower for items that the upfront payment to the loan originator, settlement. For example, the balance in the the Borrower is to purchase separately. the third party services covered by the ‘‘no Seller’s reserve account held in connection Lines 210 through 219 are for items which cost’’ provisions must be itemized and listed with an existing loan, if assigned to the have not yet been paid, and which the in the borrower’s column on the HUD–1/1A Borrower in a loan assumption case, will be Borrower is expected to pay, but which are with the charge for the third party service. entered here. These lines will also be used attributable in part to a period of time prior These itemized charges must be offset with when a tenant in the property being sold has to the settlement. In jurisdictions in which a negative adjusted origination charge on not yet paid the rent, which the Borrower taxes are paid late in the tax year, most cases Line 803 and recorded in the columns. will collect, for a period of time prior to the will show the proration of taxes in these Blank lines are provided in section L for settlement. The lines will also be used to lines. Other examples include utilities used any additional settlement charges. Blank indicate the treatment for any tenant security but not paid for by the Seller, rent collected lines are also provided for additional deposit. The Seller will be credited on Lines in advance by the Seller from a tenant for a insertions in sections J and K. The names of 404–405. period extending beyond the settlement date, the recipients of the settlement charges in Lines 106 through 112 are for items which and interest on loan assumptions. section L and the names of the recipients of the Seller had paid in advance, and for which Line 220 is for the total of Lines 201 adjustments described in section J or K the Borrower must therefore reimburse the through 219. should be included on the blank lines. Seller. Examples of items for which Lines 301 and 302 are summary lines for Lines and columns in section J which adjustments will be made may include taxes the Borrower. Enter total in Line 120 on Line relate to the Borrower’s transaction may be and assessments paid in advance for an 301. Enter total in Line 220 on Line 302. left blank on the copy of the HUD–1 which entire year or other period, when settlement Line 303 must indicate either the cash will be furnished to the Seller. Lines and occurs prior to the expiration of the year or required from the Borrower at settlement (the columns in section K which relate to the other period for which they were paid. usual case in a purchase transaction), or cash Seller’s transaction may be left blank on the Additional examples include flood and payable to the Borrower at settlement (if, for copy of the HUD–1 which will be furnished hazard insurance premiums, if the Borrower example, the Borrower’s earnest money to the Borrower. is being substituted as an insured under the exceeds the Borrower’s cash obligations in same policy; mortgage insurance in loan the transaction or there is a cash-out Line Item Instructions assumption cases; planned unit development refinance). Subtract Line 302 from Line 301 Instructions for completing the individual or condominium association assessments and enter the amount of cash due to or from items on the HUD–1 follow. paid in advance; fuel or other supplies on the Borrower at settlement on Line 303. The Section A. This section requires no entry hand, purchased by the Seller, which the appropriate box should be checked. If the of information. Borrower will use when Borrower takes Borrower’s earnest money is applied toward Section B. Check appropriate loan type and possession of the property; and ground rent the charge for a settlement service, the complete the remaining items as applicable. paid in advance. amount so applied should not be included on Section C. This section provides a notice Line 120 is for the total of Lines 101 Line 303 but instead should be shown on the regarding settlement costs and requires no through 112. appropriate line for the settlement service, additional entry of information. Line 201 is for any amount paid against the marked ‘‘P.O.C. (Borrower)’’, and must not be Sections D and E. Fill in the names and sales price prior to settlement. included in computing totals. current mailing addresses and zip codes of Line 202 is for the amount of the new loan Section K. Summary of Seller’s the Borrower and the Seller. Where there is made by the Lender when a loan to finance Transaction. Instructions for the use of Lines

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101 and 102 and 104–112 above, apply also at settlement on Line 603. The appropriate amount of the loan origination charges, the to Lines 401–412. Line 420 is for the total of box should be checked. sum of the amounts shown in Lines 801 and Lines 401 through 412. 802. This amount must be listed in the Line 501 is used if the Seller’s real estate Section L. Settlement Charges columns as either a positive number (for broker or other party who is not the Line 700 is used to enter the sales example, where the origination charge shown settlement agent has received and holds a commission charged by the sales agent or real in Line 801 exceeds any credit for the interest deposit against the sales price (earnest estate broker. rate shown in Line 802 or where there is an money) which exceeds the fee or commission Lines 701–702 are to be used to state the origination charge in Line 801 and a charge owed to that party. If that party will render split of the commission where the settlement for the interest rate (points) is shown on Line the excess deposit directly to the Seller, agent disburses portions of the commission 802) or as a negative number (for example, rather than through the settlement agent, the to two or more sales agents or real estate where the credit for the interest rate shown amount of excess deposit should be entered brokers. in Line 802 exceeds the origination charges on Line 501 and the amount of the total Line 703 is used to enter the amount of shown in Line 801). deposit (including commissions) should be sales commission disbursed at settlement. If In the case of ‘‘no cost’’ loans, where ‘‘no entered on Line 201. the sales agent or real estate broker is cost’’ refers only to the loan originator’s fees, Line 502 is used to record the total charges retaining a part of the deposit against the the amounts shown in Lines 801 and 802 to the Seller detailed in section L and totaled sales price (earnest money) to apply towards should offset, so that the charge shown on on Line 1400. the sales agent’s or real estate broker’s Line 803 is zero. Where ‘‘no cost’’ includes Line 503 is used if the Borrower is commission, include in Line 703 only that third party settlement services, the credit assuming or taking title subject to existing part of the commission being disbursed at shown in Line 802 will more than offset the liens which are to be deducted from sales settlement and insert a note on Line 704 amount shown in Line 801. The amount price. indicating the amount the sales agent or real shown in Line 803 will be a negative number Lines 504 and 505 are used for the amounts estate broker is retaining as a ‘‘P.O.C.’’ item. to offset the settlement charges paid (including any accrued interest) of any first Line 704 may be used for additional indirectly through the loan originator. and/or second loans which will be paid as charges made by the sales agent or real estate Lines 804–808 may be used to record each part of the settlement. broker, or for a sales commission charged to of the ‘‘Required services that we select.’’ Line 506 is used for deposits paid by the the Borrower, which will be disbursed by the Each settlement service provider must be Borrower to the Seller or other party who is settlement agent. identified by name and the amount paid not the settlement agent. Enter the amount of Line 801 is used to record ‘‘Our origination recorded either inside the columns or as paid the deposit in Line 201 on Line 506 unless charge,’’ which includes all charges received to the provider outside closing (‘‘P.O.C.’’), as Line 501 is used or the party who is not the by the loan originator, except any charge for described in the General Instructions. settlement agent transfers all or part of the the specific interest rate chosen (points). This Line 804 is used to record the appraisal fee. deposit to the settlement agent, in which case number must not be listed in either the Line 805 is used to record the fee for all the settlement agent will note in parentheses buyer’s or seller’s column. The amount credit reports. on Line 507 the amount of the deposit that shown in Line 801 must include any Line 806 is used to record the fee for any is being disbursed as proceeds and enter in amounts received for origination services, tax service. the column for Line 506 the amount retained including administrative and processing Line 807 is used to record any flood by the above-described party for settlement services, performed by or on behalf of the certification fee. services. If the settlement agent holds the loan originator. Lines 808 and additional sequentially deposit, insert a note in Line 507 which Line 802 is used to record ‘‘Your credit or numbered lines, as needed, are used to indicates that the deposit is being disbursed charge (points) for the specific interest rate record other third party services required by as proceeds. chosen,’’ which states the charge or credit the loan originator. These Lines may also be Lines 506 through 509 may be used to list adjustment as applied to ‘‘Our origination used to record other required disclosures additional liens which must be paid off charge,’’ if applicable. This number must not from the loan originator. Any such through the settlement to clear title to the be listed in either column or shown on page disclosures must be listed outside the property. Other Seller obligations should be one of the HUD–1. columns. shown on Lines 506–509, including charges For a mortgage broker originating a loan in Lines 901–904. This series is used to that were disclosed on the GFE but that are its own name, the amount shown on Line 802 record the items which the Lender requires actually being paid for by the Seller. These will be the difference between the initial loan to be paid at the time of settlement, but Lines may also be used to indicate funds to amount and the total payment to the which are not necessarily paid to the lender be held by the settlement agent for the mortgage broker from the lender. The total (e.g., FHA mortgage insurance premium), payment of either repairs, or water, fuel, or payment to the mortgage broker will be the other than reserves collected by the Lender other utility bills that cannot be prorated sum of the price paid for the loan by the and recorded in the 1000-series. between the parties at settlement because the lender and any other payments to the Line 901 is used if interest is collected at amounts used by the Seller prior to mortgage broker from the lender, including settlement for a part of a month or other settlement are not yet known. Subsequent any payments based on the loan amount or period between settlement and the date from disclosure of the actual amount of these post- loan terms, and any flat rate payments. For which interest will be collected with the first settlement items to be paid from settlement a mortgage broker originating a loan in regular monthly payment. Enter that amount funds is optional. Any amounts entered on another entity’s name, the amount shown on here and include the per diem charges. If Lines 204–209 including Seller financing Line 802 will be the sum of all payments to such interest is not collected until the first arrangements should also be entered on Lines the mortgage broker from the lender, regular monthly payment, no entry should be 506–509. including any payments based on the loan made on Line 901. Instructions for the use of Lines 510 amount or loan terms, and any flat rate Line 902 is used for mortgage insurance through 519 are the same as those for Lines payments. premiums due and payable at settlement, 210 to 219 above. In either case, when the amount paid to the including any monthly amounts due at Line 520 is for the total of Lines 501 mortgage broker exceeds the initial loan settlement and any upfront mortgage through 519. amount, there is a credit to the borrower and insurance premium, but not including any Lines 601 and 602 are summary lines for it is entered as a negative amount. When the reserves collected by the Lender and the Seller. Enter the total in Line 420 on Line initial loan amount exceeds the amount paid recorded in the 1000-series. If a lump sum 601. Enter the total in Line 520 on Line 602. to the mortgage broker, there is a charge to mortgage insurance premium paid at Line 603 must indicate either the cash the borrower and it is entered as a positive settlement is included on Line 902, a note required to be paid to the Seller at settlement amount. For a lender, the amount shown on should indicate that the premium is for the (the usual case in a purchase transaction), or Line 802 may include any credit or charge life of the loan. the cash payable by the Seller at settlement. (points) to the Borrower. Line 903 is used for homeowner’s Subtract Line 602 from Line 601 and enter Line 803 is used to record ‘‘Your adjusted insurance premiums that the Lender requires the amount of cash due to or from the Seller origination charges,’’ which states the net to be paid at the time of settlement, except

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reserves collected by the Lender and Line 1105 is used to record the amount of information and those amounts are shown on recorded in the 1000-series. the lender’s title policy limit. This amount is the GFE and in the HUD–1. If a service that Lines 904 and additional sequentially recorded outside of the columns. was listed on the GFE was not obtained in numbered lines are used to list additional Line 1106 is used to record the amount of connection with the transaction, pages 1 and items required by the Lender (except for the owner’s title policy limit. This amount is 2 of the HUD–1 should not include any reserves collected by the Lender and recorded outside of the columns. amount for that service, and the estimate on recorded in the 1000-series), including Line 1107 is used to record the amount of the GFE of the charge for the service should premiums for flood or other insurance. These the total title insurance premium, including not be included in any amounts shown on lines are also used to list amounts paid at endorsements, that is retained by the title the comparison chart on Page 3 of the HUD– settlement for insurance not required by the agent. This amount is recorded outside of the 1. The comparison chart is comprised of Lender. columns. three sections: ‘‘Charges That Cannot Lines 1000–1007. This series is used for Line 1108 used to record the amount of the Increase’’, ‘‘Charges That Cannot Increase amounts collected by the Lender from the total title insurance premium, including More Than 10%’’, and ‘‘Charges That Can Borrower and held in an account for the endorsements, that is retained by the title Change’’. future payment of the obligations listed as underwriter. This amount is recorded outside ‘‘Charges That Cannot Increase’’. The they fall due. Include the time period of the columns. amounts shown in Blocks 1 and 2, in Line (number of months) and the monthly Additional sequentially numbered lines in A, and in Block 8 on the borrower’s GFE assessment. In many jurisdictions this is the 1100-series may be used to itemize title must be entered in the appropriate line in the referred to as an ‘‘escrow’’, ‘‘impound’’, or charges paid to other third parties, as Good Faith Estimate column. The amounts ‘‘trust’’ account. In addition to the property identified by name and type of service shown on Lines 801, 802, 803 and 1203 of taxes and insurance listed, some Lenders provided. the HUD–1/1A must be entered in the may require reserves for flood insurance, Lines 1200–1206. This series covers corresponding line in the HUD–1/1A condominium owners’ association government recording and transfer charges. column. The HUD–1/1A column must assessments, etc. The amount in line 1001 Charges paid by the borrower must be listed include any amounts shown on page 2 of the must be listed in the columns, and the in the columns as described for lines 1201 HUD–1 in the column as paid for by the itemizations in lines 1002 through 1007 must and 1203, with itemizations shown outside borrower, plus any amounts that are shown be listed outside the columns. the columns. Any amounts that are charged as P.O.C. by or on behalf of the borrower. If After itemizing individual deposits in the to the seller and that were not included on there is a credit in Block 2 of the GFE or Line 1000 series, the servicer shall make an the Good Faith Estimate must be listed in the 802 of the HUD–1/1A, the credit should be adjustment based on aggregate accounting. columns. entered as a negative number. This adjustment equals the difference Line 1201 is used to record the total ‘‘Charges That Cannot Increase More Than between the deposit required under aggregate ‘‘Government recording charges,’’ and the 10%’’. A description of each charge included accounting and the sum of the itemized amount must be listed in the columns. in Blocks 3 and 7 on the borrower’s GFE deposits. The computation steps for aggregate Line 1202 is used to record, outside of the must be entered on separate lines in this accounting are set out in 12 CFR 1024.17(d). columns, the itemized recording charges. section, with the amount shown on the The adjustment will always be a negative Line 1203 is used to record the transfer borrower’s GFE for each charge entered in the number or zero (-0-), except for amounts due taxes, and the amount must be listed in the corresponding line in the Good Faith to rounding. The settlement agent shall enter columns. Estimate column. For each charge included the aggregate adjustment amount outside the Line 1204 is used to record, outside of the in Blocks 4, 5 and 6 on the borrower’s GFE columns on a final line of the 1000 series of columns, the amounts for local transfer taxes for which the loan originator selected the the HUD–1 or HUD–1A statement. Appendix and stamps. provider or for which the borrower selected E to this part sets out an example of aggregate Line 1205 is used to record, outside of the analysis. a provider identified by the loan originator, columns, the amounts for state transfer taxes a description must be entered on a separate Lines 1100–1108. This series covers title and stamps. charges and charges by attorneys and closing line in this section, with the amount shown Line 1206 and additional sequentially on the borrower’s GFE for each charge or settlement agents. The title charges numbered lines may be used to record include a variety of services performed by entered in the corresponding line in the Good specific itemized third party charges for Faith Estimate column. The loan originator title companies or others, and include fees government recording and transfer services, directly related to the transfer of title (title must identify any third party settlement but the amounts must be listed outside the services for which the borrower selected a examination, title search, document columns. preparation), fees for title insurance, and fees provider other than one identified by the Line 1301 and additional sequentially loan originator so that the settlement agent for conducting the closing. The legal charges numbered lines must be used to record include fees for attorneys representing the can include those charges in the appropriate required services that the borrower can shop category. Additional lines may be added if lender, seller, or borrower, and any attorney for, such as fees for survey, pest inspection, preparing title work. The series also includes necessary. The amounts shown on the HUD– or other similar inspections. These lines may 1/1A for each line must be entered in the any settlement, notary, and delivery fees also be used to record additional itemized related to the services covered in this series. HUD–1/1A column next to the corresponding settlement charges that are not included in a charge from the GFE, along with the Disbursements to third parties must be specific category, such as fees for structural broken out in the appropriate lines or in appropriate HUD–1/1A line number. The and environmental inspections; pre-sale HUD–1/1A column must include any blank lines in the series, and amounts paid inspections of heating, plumbing or electrical to these third parties must be shown outside amounts shown on page 2 of the HUD–1 in equipment; or insurance or warranty the column as paid for by the borrower, plus of the columns if included in Line 1101. coverage. The amounts must be listed in Charges not included in Line 1101 must be any amounts that are shown as P.O.C. by or either the borrower’s or seller’s column. on behalf of the borrower. listed in the columns. Line 1400 must state the total settlement Line 1101 is used to record the total for the The amounts shown in the Good Faith charges as calculated by adding the amounts Estimate and HUD–1/1A columns for this category of ‘‘Title services and lender’s title within each column. insurance.’’ This amount must be listed in section must be separately totaled and the columns. Page 3 entered in the designated line. If the total for Line 1102 is used to record the settlement the HUD–1/1A column is greater than the or closing fee. Comparison of Good Faith Estimate (GFE) total for the Good Faith Estimate column, Line 1103 is used to record the charges for and HUD–1/1A Charges then the amount of the increase must be the owner’s title insurance and related The HUD–1/1–A is a statement of actual entered both as a dollar amount and as a endorsements. This amount must be listed in charges and adjustments. The comparison percentage increase in the appropriate line. the columns. chart on page 3 of the HUD–1 must be ‘‘Charges That Can Change’’. The amounts Line 1104 is used to record the lender’s prepared using the exact information and shown in Blocks 9, 10 and 11 on the title insurance premium and related amounts for the services that were purchased borrower’s GFE must be entered in the endorsements. or provided as part of the transaction, as that appropriate lines in the Good Faith Estimate

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column. Any third party settlement services General Instructions to list payees of settlement charges, nor to list for which the borrower selected a provider Information and amounts may be filled in funds disbursed directly to the borrower, other than one identified by the loan by typewriter, hand printing, computer even if the lender knows the borrower’s originator must also be included in this printing, or any other method producing intended use of the funds. section. The amounts shown on the HUD–1/ clear and legible results. Refer to 12 CFR For example, in a refinancing transaction, 1A for each charge in this section must be 1024.9 regarding rules for reproduction of the the loan proceeds are used to pay off an entered in the corresponding line in the HUD–1A. Additional pages may be attached existing loan. The name of the lender for the HUD–1/1A column, along with the to the HUD–1A for the inclusion of loan being paid off and the pay-off balance appropriate HUD–1/1A line number. The customary recitals and information used would be entered in section M. In a home HUD–1/1A column must include any locally for settlements or if there are improvement transaction when the proceeds amounts shown on page 2 of the HUD–1 in insufficient lines on the HUD–1A. The are to be paid to the home improvement the column as paid for by the borrower, plus settlement agent shall complete the HUD–1A contractor, the name of the contractor and the any amounts that are shown as P.O.C. by or in accordance with the instructions for the amount paid to the contractor would be on behalf of the borrower. Additional lines HUD–1 to the extent possible, including the entered in section M. In a consolidation loan, may be added if necessary. instructions for disclosing items paid outside or when part of the loan proceeds is used to closing and for no cost loans. pay off other creditors, the name of each Loan Terms Blank lines are provided in section L for creditor and the amount paid to that creditor This section must be completed in any additional settlement charges. Blank would be entered in section M. If the accordance with the information and lines are also provided in section M for proceeds are to be given directly to the borrower and the borrower will use the instructions provided by the lender. The recipients of all or portions of the loan proceeds to pay off existing obligations, this lender must provide this information in a proceeds. The names of the recipients of the settlement charges in section L and the would not be reflected in section M. format that permits the settlement agent to names of the recipients of the loan proceeds Section N. Net Settlement. Line 1600 simply enter the necessary information in the in section M should be set forth on the blank normally sets forth the principal amount of appropriate spaces, without the settlement lines. the loan as it appears on the related note for agent having to refer to the loan documents this loan. In the event this form is used for themselves. Line-Item Instructions an open-ended home equity line whose Instructions for Completing HUD–1A Page 1 approved amount is greater than the initial amount advanced at settlement, the amount Note: The HUD–1A is an optional form that The identification information at the top of the HUD–1A should be completed as follows: shown on Line 1600 will be the loan amount may be used for refinancing and subordinate- The borrower’s name and address is entered advanced at settlement. Line 1601 is used for lien federally related mortgage loans, as well in the space provided. If the property all settlement charges that both are included as for any other one-party transaction that securing the loan is different from the in the totals for lines 1400 and 1602, and are does not involve the transfer of title to borrower’s address, the address or other not financed as part of the principal amount residential real property. The HUD–1 form location information on the property should of the loan. This is the amount normally may also be used for such transactions, by be entered in the space provided. The loan received by the lender from the borrower at utilizing the borrower’s side of the HUD–1 number is the lender’s identification number settlement, which would occur when some or and following the relevant parts of the for the loan. The settlement date is the date all of the settlement charges were paid in instructions as set forth above. The use of of settlement in accordance with 12 CFR cash by the borrower at settlement, instead of either the HUD–1 or HUD–1A is not 1024.2, not the end of any applicable being financed as part of the principal mandatory for open-end lines of credit rescission period. The name and address of amount of the loan. Failure to include any (home-equity plans), as long as the the lender should be entered in the space such amount in line 1601 will result in an provisions of Regulation Z are followed. provided. error in the amount calculated on line 1604. Section L. Settlement Charges. This section Items paid outside of closing (P.O.C.) should Background of the HUD–1A is similar to section L of the not be included in Line 1601. Line 1602 is the total amount from line The HUD–1A settlement statement is to be HUD–1, with minor changes or omissions, 1400. used as a statement of actual charges and including deletion of lines 700 through 704, Line 1603 is the total amount from line adjustments to be given to the borrower at relating to real estate broker commissions. The instructions for section L in the HUD– 1520. settlement, as defined in this part. The Line 1604 is the amount disbursed to the instructions for completion of the HUD–1A 1 should be followed insofar as possible. Inapplicable charges should be ignored, as borrower. This is determined by adding are for the benefit of the settlement agent should any instructions regarding seller together the amounts for lines 1600 and 1601, who prepares the statement; the instructions items. and then subtracting any amounts listed on are not a part of the statement and need not Line 1400 in the HUD–1A is for the total lines 1602 and 1603. be transmitted to the borrower. There is no settlement charges charged to the borrower. Page 2 objection to using the HUD–1A in Enter this total on line 1601. This total transactions in which it is not required, and should include section L amounts from This section of the HUD–1A is similar to its use in open-end lines of credit additional pages, if any are attached to this page 3 of the HUD–1. The instructions for transactions (home-equity plans) is HUD–1A. page 3 of the HUD–1 should be followed encouraged. It may not be used as a Section M. Disbursement to Others. This insofar as possible. The HUD–1/1A Column substitute for a HUD–1 in any transaction section is used to list payees, other than the should include any amounts shown on page that has a seller. borrower, of all or portions of the loan 1 of the HUD–1A in the column as paid for Refer to the ‘‘definitions’’ section (§ 1024.2) proceeds (including the lender, if the loan is by the borrower, plus any amounts that are of 12 CFR part 1024 (Regulation X) for paying off a prior loan made by the same shown as P.O.C. by the borrower. specific definitions of terms used in these lender), when the payee will be paid directly Inapplicable charges should be ignored. instructions. out of the settlement proceeds. It is not used BILLING CODE 4810–AM–P

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Appendix B to Part 1024—Illustrations insurance applications to B, to re-examine referral of business from B. Copying of Requirements of RESPA the preliminary title commitment for machines, computer terminals, printers, or accuracy and if he chooses to attempt to clear other like items which have general use to The following illustrations provide exceptions to the title policy before closing. the recipient and which are given in additional guidance on the meaning and A agrees to assume liability for waiving exchange for referrals of business also violate coverage of the provisions of RESPA. Other certain exceptions to title, but never exercises RESPA. provisions of Federal or state law may also this authority. B performs the necessary title 7. Facts: A, a real estate broker, refers title be applicable to the practices and payments search and examination work, determines business to B, a company that is a licensed discussed in the following illustrations. insurability of title, prepares documents title agent for C, a title insurance company. 1. Facts: A, a provider of settlement containing substantive information in title A owns more than 1% of B. B performs the services, provides settlement services at commitments, handles closings for A’s title search and examination, makes abnormally low rates or at no charge at all clients and issues title policies. A receives a determinations of insurability, issues the to B, a builder, in connection with a fee from his client for legal services and an commitment, clears underwriting objections, subdivision being developed by B. B agrees additional fee for his title agent ‘‘services’’ and issues a policy of title insurance on to refer purchasers of the completed homes from the client’s title insurance premium to behalf of C, for which C pays B a in the subdivision to A for the purchase of B. commission. B pays annual dividends to its settlement services in connection with the Comments: A and B are violating section owners, including A, based on the relative sale of individual lots by B. 8 of RESPA. Here, A’s clients are being amount of business each of its owners refers Comments: The rendering of services by A double billed because the work A performs to B. to B at little or no charge constitutes a thing as a ‘‘title agent’’ is that which he already Comments: The facts involve an affiliated of value given by A to B in return for the performs for his client in his capacity as an business arrangement. The payment of a referral of settlement services business, and attorney. For A to receive a separate payment commission by C to B is not a violation of both A and B are in violation of section 8 of as a title agent, A must perform necessary section 8 of RESPA if the amount of the RESPA. core title work and may not contract out the commission constitutes reasonable 2. Facts: B, a lender, encourages persons work. To receive additional compensation as compensation for the services performed by who receive federally related mortgage loans a title agent for this transaction, A must B for C. The payment of a dividend or the from it to employ A, an attorney, to perform provide his client with core title agent giving of any other thing of value by B to A title searches and related settlement services services for which he assumes liability, and that is based on the amount of business in connection with their transaction. B and which includes at a minimum, the evaluation referred to B by A does not meet the affiliated A have an understanding that in return for of the title search to determine insurability of business agreement exemption provisions the referral of this business A provides legal the title, and the issuance of a title and such actions violate section 8. Similarly, services to B or B’s officers or employees at commitment where customary, the clearance if the amount of stock held by A in B (or, if abnormally low rates or for no charge. of underwriting objections, and the actual B were a partnership, the distribution of Comments: Both A and B are in violation issuance of the policy or policies on behalf partnership profits by B to A) varies based on of section 8 of RESPA. Similarly, if an of the title company. A may not be the amount of business referred or expected attorney gives a portion of his or her fees to compensated for the mere re-examination of to be referred, or if B retained any funds for another attorney, a lender, a real estate broker work performed by B. Here, A is not subsequent distribution to A where such or any other provider of settlement services, performing these services and may not be funds were generally in proportion to the who had referred prospective clients to the compensated as a title agent under section amount of business A referred to B relative attorney, section 8 would be violated by both 8(c)(1)(B). Referral fees or splits of fees may to the amount referred by other owners, such persons. not be disguised as title agent commissions arrangements would violate section 8. The 3. Facts: A, a real estate broker, obtains all when the core title agent work is not exemption for controlled business necessary licenses under state law to act as performed. Further, because B created the arrangements would not be available because a title insurance agent. A refers individuals program and gave A the opportunity to the payments here would not be considered who are purchasing homes in transactions in collect fees (a thing of value) in exchange for returns on ownership interests. Further, the which A participates as a broker to B, an the referral of settlement service business, it required disclosure of the affiliated business unaffiliated title company, for the purchase has violated section 8 of RESPA. arrangement and estimated charges have not of title insurance services. A performs 5. Facts: A, a ‘‘mortgage originator,’’ been provided. minimal, if any, title services in connection receives loan applications, funds the loans 8. Facts: Same as illustration 7, but B pays with the issuance of the title insurance policy with its own money or with a wholesale line annual dividends in proportion to the (such as placing an application with the title of credit for which A is liable, and closes the amount of stock held by its owners, company). B pays A a commission (or A loans in A’s own name. Subsequently, B, a including A, and the distribution of annual retains a portion of the title insurance mortgage lender, purchases the loans and dividends is not based on the amount of premium) for the transactions or alternatively compensates A for the value of the loans, as business referred or expected to be referred. B receives a portion of the premium paid well as for any mortgage servicing rights. Comments: If A and B meet the directly from the purchaser. Comments: Compensation for the sale of a requirements of the affiliated business Comments: The payment of a commission mortgage loan and servicing rights arrangement exemption there is not a or portion of the title insurance premium by constitutes a secondary market transaction, violation of RESPA. Since the payment is a B to A, or receipt of a portion of the payment rather than a referral fee, and is beyond the return on ownership interests, A and B will for title insurance under circumstances scope of section 8 of RESPA. For purposes of be exempt from section 8 if (1) A also did not where no substantial services are being section 8, in determining whether a bona fide require anyone to use the services of B, and performed by A, is a violation of section 8 transfer of the loan obligation has taken (2) A disclosed its ownership interest in B on of RESPA. It makes no difference whether the place, the Bureau examines the real source of a separate disclosure form and provided an payment comes from B or the purchaser. The funding, and the real interest of the named estimate of B’s charges to each person amount of the payment must bear a settlement lender. referred by A to B (see Appendix D of this reasonable relationship to the services 6. Facts. A, a credit reporting company, part), and (3) B makes no payment (nor is rendered. Here A really is being compensated places a facsimile transmission machine there any other thing of value exchanged) to for a referral of business to B. (FAX) in the office of B, a mortgage lender, A other than dividends. 4. Facts: A is an attorney who, as a part of so that B can easily transmit requests for 9. Facts: A, a franchisor for franchised real his legal representation of clients in credit reports and A can respond. A supplies estate brokers, owns B, a provider of residential real estate transactions, orders the FAX machine at no cost or at a reduced settlement services. C, a franchisee of A, and reviews title insurance policies for his rental rate based on the number of credit refers business to B. clients. A enters into a contract with B, a title reports ordered. Comments: This is an affiliated business company, to be an agent of B under a Comments: Either situation violates section arrangement. A, B and C will all be exempt program set up by B. Under the agreement, 8 of RESPA. The FAX machine is a thing of from section 8 if C discloses its franchise A agrees to prepare and forward title value that A provides in exchange for the relationship with the owner of B on a

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separate disclosure form and provides an business for them, such payments would are primarily for the benefit of the loan estimate of B’s charges to each person violate section 8. originator who prepares the form and need referred to B (see Appendix D of this part) 12. Facts. A is a mortgage broker who not be transmitted to the borrower(s) as an and C does not require anyone to use B’s provides origination services to submit a loan integral part of the GFE. The required services and A gives no thing a value to C to a Lender for approval. The mortgage standardized GFE form must be prepared under the franchise agreement (such as an broker charges the borrower a uniform fee for completely and accurately. A separate GFE adjusted level of franchise payment based on the total origination services, as well as a must be provided for each loan where a the referrals), and B makes no payments to direct up-front charge for reimbursement of transaction will involve more than one A other than dividends representing a return credit reporting, appraisal services or similar mortgage loan. on ownership interest (rather than, e.g., an charges. General Instructions adjusted level of payment being based on the Comment. The mortgage broker’s fee must referrals). Nor may B pay C anything of value be itemized in the Good Faith Estimate and The loan originator preparing the GFE may for the referral. on the HUD–1 Settlement Statement. Other fill in information and amounts on the form 10. Facts: A is a real estate broker who charges which are paid for by the borrower by typewriter, hand printing, computer refers business to its affiliate title company and paid in advance are listed as P.O.C. on printing, or any other method producing B. A makes all required written disclosures the HUD–1 Settlement Statement, and reflect clear and legible results. Under these to the homebuyer of the arrangement and the actual provider charge for such services. instructions, the ‘‘form’’ refers to the required estimated charges and the homebuyer is not Also, any other fee or payment received by standardized GFE form. Although the required to use B. B refers or contracts out the mortgage broker from either the lender or standardized GFE is a prescribed form, business to C who does all the title work and the borrower arising from the initial funding Blocks 3, 6, and 11 on page 2 may be adapted splits the fee with B. B passes its fee to A in transaction, including a servicing release for use in particular loan situations, so that the form of dividends, a return on ownership premium or yield spread premium, is to be additional lines may be inserted there, and interest. noted on the Good Faith Estimate and listed unused lines may be deleted. Comments: The relationship between A in the 800 series of the HUD–1 Settlement All fees for categories of charges shall be and B is an affiliated business arrangement. Statement. disclosed in U.S. dollar and cent amounts. However, the affiliated business arrangement 13. Facts. A is a dealer in home Specific Instructions exemption does not provide exemption improvements who has established funding between an affiliated entity, B, and a third arrangements with several lenders. Page 1 party, C. Here, B is a mere ‘‘shell’’ and Customers for home improvements receive a Top of the Form—The loan originator must provides no substantive services for its proposed contract from A. The proposal enter its name, business address, telephone portion of the fee. The arrangement between requires that customers both execute forms number, and email address, if any, on the top B and C would be in violation of section 8(a) authorizing a credit check and employment of the form, along with the applicant’s name, and (b). Even if B had an affiliate relationship verification, and frequently, execute a dealer the address or location of the property for with C, the required exemption criteria have consumer credit contract secured by a lien on which financing is sought, and the date of the not been met and the relationship would be the customer’s (borrower’s) 1- to 4-family GFE. subject to section 8. residential property. Simultaneously with the ‘‘Purpose.’’—This section describes the 11. Facts: A, a mortgage lender is affiliated completion and certification of the home general purpose of the GFE as well as with B, a title company, and C, an escrow improvement work, the note is assigned by additional information available to the company and offers consumers a package of the dealer to a funding lender. applicant. mortgage title and escrow services at a Comments. The loan that is assigned to the ‘‘Shopping for your loan.’’—This section discount from the prices at which such funding lender is a loan covered by RESPA, requires no loan originator action. services would be sold if purchased when a lien is placed on the borrower’s 1- ‘‘Important dates.’’—This section briefly separately. Neither A, B, nor C requires to 4-family residential structure. The dealer states important deadlines after which the consumers to purchase the services of their loan or consumer credit contract originated loan terms that are the subject of the GFE sister companies and each company sells by a dealer is also a RESPA-covered may not be available to the applicant. In Line such services separately and as part of the transaction, except when the dealer is not a 1, the loan originator must state the date and, package. A also pays its employees (e.g., loan ‘‘creditor’’ under the definition of ‘‘federally if necessary, time until which the interest officers, secretaries, etc.) a bonus for each related mortgage loan’’ in § 1024.2. The rate for the GFE will be available. In Line 2, the loan originator must state the date until loan, title insurance or closing that A’s lender to whom the loan will be assigned is which the estimate of all other settlement employees generate for A, B, or C responsible for assuring that the lender or the charges for the GFE will be available. This respectively. A pays such employee bonuses dealer delivers to the borrower a Good Faith date must be at least 10 business days from out of its own funds and receives no Estimate of closing costs consistent with Regulation X, and that the HUD–1 or HUD– the date of the GFE. In Line 3, the loan payments or reimbursements for such originator must state how many calendar bonuses from B or C. At or before the time 1A Settlement Statement is used in conjunction with the settlement of the loan days within which the applicant must go to that customers are told by A or its employees settlement once the interest rate is locked. In about the services offered by B and C and/ to be assigned. A dealer who, under § 1024.2, is covered by RESPA as a creditor is Line 4, the loan originator must state how or the package of services that is available, many calendar days prior to settlement the the customers are provided with an affiliated responsible for the Good Faith Estimate of Closing Costs and the use of the appropriate interest rate would have to be locked, if business disclosure form. settlement statement in connection with the applicable. Comments: A’s selling of a package of loan. ‘‘Summary of your loan’’—In this section, settlement services at a discount to a for all loans the loan originator must fill in, settlement service purchaser does not violate Appendix C to Part 1024—Instructions where indicated: section 8 of RESPA. A’s employees are for Completing Good Faith Estimate (i) The initial loan amount; making appropriate affiliated business (GFE) Form (ii) The loan term; and disclosures and since the services are (iii) The initial interest rate. available separately and as part of a package, The following are instructions for The loan originator must fill in the initial there is not ‘‘required use’’ of the additional completing the GFE required under section 5 monthly amount owed for principal, interest, services. A’s payments of bonuses to its of RESPA and 12 CFR 1024.7 of the Bureau and any mortgage insurance. The amount employees for the referral of business to A or regulations. The standardized form set forth shown must be the greater of: (1) The A’s affiliates, B and C, are exempt from in this Appendix is the required GFE form required monthly payment for principal and section 8 under § 1024.14(g)(1). However, if and must be provided exactly as specified; interest for the first regularly scheduled B or C reimbursed A for any bonuses that A provided, however, preparers may replace payment, plus any monthly mortgage paid to its employees for referring business HUD’s OMB approval number listed on the insurance payment; or (2) the accrued to B or C, such reimbursements would violate form with the Bureau’s OMB approval interest for the first regularly scheduled section 8. Similarly, if B or C paid bonuses number when they reproduce the GFE form. payment, plus any monthly mortgage to A’s employees directly for generating The instructions for completion of the GFE insurance payment.

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The loan originator must indicate whether column and any amounts paid outside Line A, ‘‘Your Adjusted Origination the interest rate can rise, and, if it can, must closing by or on behalf of the borrower. Charges.’’—The loan originator must add the insert the maximum rate to which it can rise numbers in Blocks 1 and 2 and enter this over the life of the loan. The loan originator ‘‘Your Adjusted Origination Charges’’ subtotal at highlighted Line A. The subtotal must also indicate the period of time after Block 1, ‘‘Our origination charge.’’—The at Line A will be a negative number if there which the interest rate can first change. loan originator must state here all charges is a credit in Block 2 that exceeds the charge The loan originator must indicate whether that all loan originators involved in this in Block 1. The amount stated in Line A is the loan balance can rise even if the borrower transaction will receive, except for any subject to zero tolerance while the interest makes payments on time, for example in the charge for the specific interest rate chosen rate is locked. case of a loan with negative amortization. If (points). A loan originator may not separately In the case of ‘‘no cost’’ loans, where ‘‘no it can, the loan originator must insert the charge any additional fees for getting this cost’’ refers only to the loan originator’s fees, maximum amount to which the loan balance loan, including for application, processing, or Line A must show a zero charge as the can rise over the life of the loan. For Federal, underwriting. The amount stated in Block 1 adjusted origination charge. In the case of state, local, or tribal housing programs that is subject to zero tolerance, i.e., the amount ‘‘no cost’’ loans where ‘‘no cost’’ provide payment assistance, any repayment may not increase at settlement. encompasses third party fees as well as the of such program assistance should be Block 2, ‘‘Your credit or charge (points) for upfront payment to the loan originator, all of excluded from consideration in completing the specific interest rate chosen.’’—For the third party fees listed in Block 3 through this item. If the loan balance will increase transactions involving mortgage brokers, the Block 11 to be paid for by the loan originator only because escrow items are being paid mortgage broker must indicate through check (or borrower, if any) must be itemized and through the loan balance, the loan originator boxes whether there is a credit to the listed on the GFE. The credit for the interest is not required to check the box indicating borrower for the interest rate chosen on the rate chosen must be large enough that the that the loan balance can rise. loan, the interest rate, and the amount of the total for Line A will result in a negative The loan originator must indicate whether credit, or whether there is an additional number to cover the third party fees. the monthly amount owed for principal, charge (points) to the borrower for the ‘‘Your Charges for All Other Settlement interest, and any mortgage insurance can rise interest rate chosen on the loan, the interest Services’’ even if the borrower makes payments on rate, and the amount of that charge. Only one time. If the monthly amount owed can rise of the boxes may be checked; a credit and There is a 10 percent tolerance applied to even if the borrower makes payments on charge cannot occur together in the same the sum of the prices of each service listed time, the loan originator must indicate the transaction. in Block 3, Block 4, Block 5, Block 6, and period of time after which the monthly For transactions without a mortgage broker, Block 7, where the loan originator requires amount owed can first change, the maximum the lender may choose not to separately the use of a particular provider or the amount to which the monthly amount owed disclose in this block any credit or charge for borrower uses a provider selected or can rise at the time of the first change, and the interest rate chosen on the loan; however, identified by the loan originator. Any the maximum amount to which the monthly if this block does not include any positive or services in Block 4, Block 5, or Block 6 for amount owed can rise over the life of the negative figure, the lender must check the which the borrower selects a provider other loan. The amount used for the monthly first box to indicate that ‘‘The credit or than one identified by the loan originator are amount owed must be the greater of: (1) The charge for the interest rate you have chosen’’ not subject to any tolerance and, at required monthly payment for principal and is included in ‘‘Our origination charge’’ settlement, would not be included in the sum interest for that month, plus any monthly above (see Block 1 instructions above), must of the charges on which the 10 percent mortgage insurance payment; or (2) the insert the interest rate, and must also insert tolerance is based. Where a loan originator accrued interest for that month, plus any ‘‘0’’ in Block 2. Only one of the boxes may permits a borrower to shop for third party monthly mortgage insurance payment. be checked; a credit and charge cannot occur settlement services, the loan originator must The loan originator must indicate whether together in the same transaction. provide the borrower with a written list of the loan includes a prepayment penalty, and, For a mortgage broker, the credit or charge settlement services providers at the time of if so, the maximum amount that it could be. for the specific interest rate chosen is the net the GFE, on a separate sheet of paper. The loan originator must indicate whether payment to the mortgage broker from the Block 3, ‘‘Required services that we the loan requires a balloon payment and, if lender (i.e., the sum of all payments to the select.’’—In this block, the loan originator so, the amount of the payment and in how mortgage broker from the lender, including must identify each third party settlement many years it will be due. payments based on the loan amount, a flat service required and selected by the loan ‘‘Escrow account information.’’—The loan rate, or any other computation, and in a table originator (excluding title services), along originator must indicate whether the loan funded transaction, the loan amount less the with the estimated price to be paid to the includes an escrow account for property price paid for the loan by the lender). When provider of each service. Examples of such taxes and other financial obligations. The the net payment to the mortgage broker from third party settlement services might include amount shown in the ‘‘Summary of your the lender is positive, there is a credit to the provision of credit reports, appraisals, flood loan’’ section for ‘‘Your initial monthly borrower and it is entered as a negative checks, tax services, and any upfront amount owed for principal, interest, and any amount in Block 2 of the GFE. When the net mortgage insurance premium. The loan mortgage insurance’’ must be entered in the payment to the mortgage broker from the originator must identify the specific required space for the monthly amount owed in this lender is negative, there is a charge to the services and provide an estimate of the price section. borrower and it is entered as a positive of each service. Loan originators are also ‘‘Summary of your settlement charges.’’— amount in Block 2 of the GFE. If there is no required to add the individual charges On this line, the loan originator must state net payment (i.e., the credit or charge for the disclosed in this block and place that total in the Adjusted Origination Charges from specific interest rate chosen is zero), the the column of this block. The charge shown subtotal A of page 2, the Charges for All mortgage broker must insert ‘‘0’’ in Block 2 in this block is subject to an overall 10 Other Settlement Services from subtotal B of and may check either the box indicating percent tolerance as described above. page 2, and the Total Estimated Settlement there is a credit of ‘‘0’’ or the box indicating Block 4, ‘‘Title services and lender’s title Charges from the bottom of page 2. there is a charge of ‘‘0’’. insurance.’’—In this block, the loan The amount stated in Block 2 is subject to originator must state the estimated total Page 2 zero tolerance while the interest rate is charge for third party settlement service ‘‘Understanding your estimated settlement locked, i.e., any credit for the interest rate providers for all closing services, regardless charges.’’—This section details 11 settlement chosen cannot decrease in absolute value of whether the providers are selected or paid cost categories and amounts associated with terms and any charge for the interest rate for by the borrower, seller, or loan originator. the mortgage loan. For purposes of chosen cannot increase. (Note: An increase in The loan originator must also include any determining whether a tolerance has been the credit is allowed since this increase is a lender’s title insurance premiums, when met, the amount on the GFE should be reduction in cost to the borrower. A decrease required, regardless of whether the provider compared with the total of any amounts in the credit is not allowed since it is an is selected or paid for by the borrower, seller, shown on the HUD–1 in the borrower’s increase in cost to the borrower.) or loan originator. All fees for title searches,

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examinations, and endorsements, for recurring charges for property taxes, applicant about which categories of example, would be included in this total. The homeowner’s and other similar insurance, settlement charges can increase at closing, charge shown in this block is subject to an mortgage insurance, and other periodic and by how much, and which categories of overall 10 percent tolerance as described charges. The loan originator must indicate settlement charges cannot increase at closing. above. through check boxes if the reserve or escrow This section requires no loan originator Block 5, ‘‘Owner’s title insurance.’’—In this account will cover future payments for all action. block, for all purchase transactions the loan tax, all hazard insurance, and other ‘‘Using the tradeoff table.’’—This section is originator must provide an estimate of the obligations that the loan originator requires designed to make borrowers aware of the charge for the owner’s title insurance and to be paid as they fall due. If the reserve or relationship between their total estimated related endorsements, regardless of whether escrow account includes some, but not all, settlement charges on one hand, and the the providers are selected or paid for by the property taxes or hazard insurance, or if it interest rate and resulting monthly payment borrower, seller, or loan originator. For non- includes mortgage insurance, the loan on the other hand. The loan originator must purchase transactions, the loan originator originator should check ‘‘other’’ and then list complete the left hand column using the loan may enter ‘‘NA’’ or ‘‘Not Applicable’’ in this the items included. amount, interest rate, monthly payment Block. The charge shown in this block is Block 10, ‘‘Daily interest charges.’’—In this figure, and the total estimated settlement subject to an overall 10 percent tolerance as block, the loan originator must estimate the charges from page 1 of the GFE. The loan described above. total amount that will be due at settlement originator, at its option, may provide the Block 6, ‘‘Required services that you can for the daily interest on the loan from the shop for.’’—In this block, the loan originator date of settlement until the first day of the borrower with the same information for two must identify each third party settlement first period covered by scheduled mortgage alternative loans, one with a higher interest service required by the loan originator where payments. The loan originator must also rate, if available, and one with a lower the borrower is permitted to shop for and indicate how this total amount is calculated interest rate, if available, from the loan select the settlement service provider by providing the amount of the interest originator. The loan originator should list in (excluding title services), along with the charges per day and the number of days used the tradeoff table only alternative loans for estimated charge to be paid to the provider in the calculation, based on a stated projected which it would presently issue a GFE based of each service. The loan originator must closing date. on the same information the loan originator identify the specific required services (e.g., Block 11, ‘‘Homeowner’s insurance.’’—The considered in issuing this GFE. The survey, pest inspection) and provide an loan originator must estimate in this block alternative loans must use the same loan estimate of the charge of each service. The the total amount of the premiums for any amount and be otherwise identical to the loan originator must also add the individual hazard insurance policy and other similar loan in the GFE. The alternative loans must charges disclosed in this block and place the insurance, such as fire or flood insurance that have, for example, the identical number of total in the column of this block. The charge must be purchased at or before settlement to payment periods; the same margin, index, shown in this block is subject to an overall meet the loan originator’s requirements. The and adjustment schedule if the loans are 10 percent tolerance as described above. loan originator must also separately indicate adjustable rate mortgages; and the same Block 7, ‘‘Government recording charge.’’— the nature of each type of insurance required requirements for prepayment penalty and In this block, the loan originator must along with the charges. To the extent a loan balloon payments. If the loan originator fills estimate the state and local government fees originator requires that such insurance be in the tradeoff table, the loan originator must for recording the loan and title documents part of an escrow account, the amount of the show the borrower the loan amount, that can be expected to be charged at initial escrow deposit must be included in alternative interest rate, alternative monthly settlement. The charge shown in this block Block 9. payment, the change in the monthly payment is subject to an overall 10 percent tolerance Line B, ‘‘Your Charges for All Other from the loan in this GFE to the alternative as described above. Settlement Services.’’—The loan originator loan, the change in the total settlement Block 8, ‘‘Transfer taxes.’’—In this block, must add the numbers in Blocks 3 through the loan originator must estimate the sum of charges from the loan in this GFE to the 11 and enter this subtotal in the column at alternative loan, and the total settlement all state and local government fees on highlighted Line B. mortgages and home sales that can be charges for the alternative loan. If these Line A+B, ‘‘Total Estimated Settlement options are available, an applicant may expected to be charged at settlement, based Charges.’’—The loan originator must add the upon the proposed loan amount or sales request a new GFE, and a new GFE must be subtotals in the right-hand column at price and on the property address. A zero provided by the loan originator. highlighted Lines A and B and enter this total tolerance applies to the sum of these ‘‘Using the shopping chart.’’—This chart is in the column at highlighted Line A+B. estimated fees. a shopping tool to be provided by the loan Block 9, ‘‘Initial deposit for your escrow Page 3 originator for the borrower to complete, in account.’’—In this block, the loan originator order to compare GFEs. must estimate the amount that it will require ‘‘Instructions’’ ‘‘If your loan is sold in the future.’’—This the borrower to place into a reserve or escrow ‘‘Understanding which charges can change section requires no loan originator action. account at settlement to be applied to at settlement.’’—This section informs the BILLING CODE 4810–AM–P

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Appendix D to Part 1024 [INSTRUCTIONS TO PREPARER:] [Use STEP 2—ADJUSTED TRIAL BALANCE paragraph A for referrals other than those by Affiliated Business Arrangement Disclosure [Increase monthly balances to eliminate a lender to an attorney, a credit reporting Statement Format Notice negative balances] agency, or a real estate appraiser that a lender To: lllllllllllllllllll is requiring a borrower to use to represent the Aggregate From: lllllllllllllllll lender’s interests in the transaction. Use (Entity Making Statement) paragraph B for those referrals to an attorney, pmt disb bal Property: llllllllllllllll Date: llllllllllllllllll credit reporting agency, or real estate appraiser that a lender is requiring a Jun ...... 0 0 780 This is to give you notice that [referring Jul ...... 130 500 410 borrower to use to represent the lender’s party] has a business relationship with Aug ...... 130 0 540 interests in the transaction. When applicable, [settlement services provider(s)]. [Describe Sep ...... 130 360 310 the nature of the relationship between the use both paragraphs. Specific timing rules for Oct ...... 130 0 440 referring party and the provider(s), including delivery of the affiliated business disclosure Nov ...... 130 0 570 percentage of ownership interest, if statement are set forth in 12 CFR Dec ...... 130 700 0 applicable.] Because of this relationship, this 1024.15(b)(1) of Regulation X). These Jan ...... 130 0 130 referral may provide [referring party] a INSTRUCTIONS TO PREPARER should not Feb ...... 130 0 260 financial or other benefit. appear on the statement.] Mar ...... 130 0 390 [A.] Set forth below is the estimated charge Apr ...... 130 0 520 or range of charges for the settlement services Appendix E to Part 1024—Arithmetic May ...... 130 0 650 listed. You are NOT required to use the listed Steps Jun ...... 130 0 780 provider(s) as a condition for [settlement of your loan on] [or] [purchase, sale, or I. Example Illustrating Aggregate Analysis refinance of] the subject property. THERE Assumptions STEP 3—TRIAL BALANCE WITH ARE FREQUENTLY OTHER SETTLEMENT USHION SERVICE PROVIDERS AVAILABLE WITH Disbursements: C SIMILAR SERVICES. YOU ARE FREE TO $360 for school taxes disbursed on Aggregate SHOP AROUND TO DETERMINE THAT September 20 YOU ARE RECEIVING THE BEST SERVICES $1,200 for county property taxes: pmt disb bal AND THE BEST RATE FOR THESE $500 disbursed on July 25 SERVICES. $700 disbursed on December 10 Jun ...... 0 0 1040 [provider and settlement service] lllll Jul ...... 130 500 670 Cushion: One-sixth of estimated annual lllllllllllllllllllll Aug ...... 130 0 800 disbursements lllllllllllllllllllll Sep ...... 130 360 570 [charge or range of charges] llllllll Settlement: May 15 Oct ...... 130 0 700 lllllllllllllllllllll Nov ...... 130 0 830 lllllllllllllllllllll First Payment: July 1 Dec ...... 130 700 260 [B.] Set forth below is the estimated charge Jan ...... 130 0 390 or range of charges for the settlement services STEP 1—INITIAL TRIAL BALANCE Feb ...... 130 0 520 of an attorney, credit reporting agency, or real Mar ...... 130 0 650 estate appraiser that we, as your lender, will Aggregate Apr ...... 130 0 780 require you to use, as a condition of your May ...... 130 0 910 loan on this property, to represent our pmt disb bal Jun ...... 130 0 1040 interests in the transaction. lllll Jun ...... 0 0 0 [provider and settlement service] II. Example Illustrating Single-Item Analysis lllllllllllllllllllll Jul ...... 130 500 ¥370 lllllllllllllllllllll Aug ...... 130 0 ¥240 Assumptions [charge or range of charges] llllllll Sep ...... 130 360 ¥470 Disbursements: lllllllllllllllllllll Oct ...... 130 0 ¥340 lllllllllllllllllllll Nov ...... 130 0 ¥210 $360 for school taxes disbursed on September 20 ACKNOWLEDGMENT Dec ...... 130 700 ¥780 $1,200 for county property taxes: I/we have read this disclosure form, and Jan ...... 130 0 ¥650 ¥ $500 disbursed on July 25 understand that referring party is referring Feb ...... 130 0 520 $700 disbursed on December 10 me/us to purchase the above-described Mar ...... 130 0 ¥390 settlement service(s) and may receive a Apr ...... 130 0 ¥260 Cushion: One-sixth of estimated annual disbursements financial or other benefit as the result of this May ...... 130 0 ¥130 referral. Jun ...... 130 0 0 Settlement: May 15 lllllllllllllllllllll Signature First Payment: July 1

STEP 1—INITIAL TRIAL BALANCE

Single-item Taxes School taxes pmt disb bal pmt disb bal

June ...... 0 0 0 0 0 0 July ...... 100 500 ¥400 30 0 30 August ...... 100 0 ¥300 30 0 60 September ...... 100 0 ¥200 30 360 ¥270 October ...... 100 0 ¥100 30 0 ¥240 November ...... 100 0 0 30 0 ¥210

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STEP 1—INITIAL TRIAL BALANCE—Continued

Single-item Taxes School taxes pmt disb bal pmt disb bal

December ...... 100 700 ¥600 30 0 ¥180 January ...... 100 0 ¥500 30 0 ¥150 February ...... 100 0 ¥400 30 0 ¥120 March ...... 100 0 ¥300 30 0 ¥90 April ...... 100 0 ¥200 30 0 ¥60 May ...... 100 0 ¥100 30 0 ¥30 June ...... 100 0 0 30 0 0

STEP 2—ADJUSTED TRIAL BALANCE [Increase monthly balances to eliminate negative balances]

Single-item Taxes School taxes pmt disb bal pmt disb bal

Jun ...... 0 0 600 0 0 270 Jul ...... 100 500 200 30 0 300 Aug ...... 100 0 300 30 0 330 Sep ...... 100 0 400 30 360 0 Oct ...... 100 0 500 30 0 30 Nov ...... 100 0 600 30 0 60 Dec ...... 100 700 0 30 0 90 Jan ...... 100 0 100 30 0 120 Feb ...... 100 0 200 30 0 150 Mar ...... 100 0 300 30 0 180 Apr ...... 100 0 400 30 0 210 May ...... 100 0 500 30 0 240 Jun ...... 100 0 600 30 0 270

STEP 3—TRIAL BALANCE WITH CUSHION

Single-item Taxes School taxes pmt disb bal pmt disb bal

Jun ...... 0 0 800 0 0 330 Jul ...... 100 500 400 30 0 360 Aug ...... 100 0 500 30 0 390 Sep ...... 100 0 600 30 360 60 Oct ...... 100 0 700 30 0 90 Nov ...... 100 0 800 30 0 120 Dec ...... 100 700 200 30 0 150 Jan ...... 100 0 300 30 0 180 Feb ...... 100 0 400 30 0 210 Mar ...... 100 0 500 30 0 240 Apr ...... 100 0 600 30 0 270 May ...... 100 0 700 30 0 300 Jun ...... 100 0 800 30 0 330

Appendix MS–1 to Part 1024 Procedures Act (RESPA) (12 U.S.C. 2601 et Servicing Transfer Information seq.). RESPA gives you certain rights under [We may assign, sell, or transfer the [Sample language; use business stationery Federal law. This statement describes servicing of your loan while the loan is or similar heading] whether the servicing for this loan may be [Date] outstanding.] transferred to a different loan servicer. SERVICING DISCLOSURE STATEMENT ‘‘Servicing’’ refers to collecting your [or] NOTICE TO FIRST LIEN MORTGAGE LOAN principal, interest, and escrow payments, if [We do not service mortgage loans of the APPLICANTS: THE RIGHT TO COLLECT any, as well as sending any monthly or type for which you applied. We intend to YOUR MORTGAGE LOAN PAYMENTS annual statements, tracking account balances, assign, sell, or transfer the servicing of your MAY BE TRANSFERRED and handling other aspects of your loan. You mortgage loan before the first payment is You are applying for a mortgage loan will be given advance notice before a transfer due.] covered by the Real Estate Settlement occurs. [or]

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[The loan for which you have applied will __ a.m. and __ p.m. on the following days account, and must provide you with a be serviced at this financial institution and ______. written clarification regarding any dispute. we do not intend to sell, transfer, or assign The date that your present servicer will During this 60-Business Day period, your the servicing of the loan.] stop accepting payments form you is servicer may not provide information to a [INSTRUCTIONS TO PREPARER: Insert ______. The date that your new servicer consumer reporting agency concerning any the date and select the appropriate language will start accepting payments from you is overdue payment related to such period or under ‘‘Servicing Transfer Information.’’ The ______. Send all payments due on or qualified written request. However, this does model format may be annotated with further after that date to your new servicer. not prevent the servicer from initiating information that clarifies or enhances the [Use the paragraph if appropriate; foreclosure if proper grounds exist under the model language.] otherwise omit.] The transfer of servicing mortgage documents. rights may affect the term of or the continued Appendix MS–2 to Part 1024 A Business Day is a day on which the availability of mortgage life or disability offices of the business entity are open to the [Sample language; use business stationery or insurance or any other type of optional public for carrying on substantially all of its similar heading] insurance in the following manner: business functions. lllllllllllllllllllll Section 6 of RESPA also provides for NOTICE OF ASSIGNMENT, SALE, OR lllllllllllllllllllll damages and costs for individuals or classes TRANSFER OF SERVICING RIGHTS lllllllllllllllllllll of individuals in circumstances where lllllllllllllllllllll You are hereby notified that the servicing servicers are shown to have violated the of your mortgage loan, that is, the right to lllllllllllllllllllll ______requirements of that section. You should seek collect payments from you, is being assigned, legal advice if you believe your rights have ______sold or transferred from to and you should take the following action to been violated. ______effective ______. maintain coverage: [INSTRUCTIONS TO PREPARER: Delivery The assignment, sale or transfer of the lllllllllllllllllllll servicing of the mortgage loan does not affect lllllllllllllllllllll means placing the notice in the mail, first class postage prepaid, prior to 15 days before any term or condition of the mortgage ______. the effective date of transfer (transferor) or instruments, other than terms directly related You should also be aware of the following to the servicing of your loan. prior to 15 days after the effective date of information, which is set out in more detail transfer (transferee). However, this notice Except in limited circumstances, the law in Section 6 of the Real Estate Settlement requires that your present servicer send you may be sent not more than 30 days after the Procedures Act (RESPA) (12 U.S.C. 2605): effective date of the transfer of servicing this notice at least 15 days before the During the 60-day period following the rights if certain emergency business effective date of transfer, or at closing. Your effective date of the transfer of the loan situations occur. See 12 CFR new servicer must also send you this notice servicing, a loan payment received by your § 1024.21(d)(1)(ii). ‘‘Lender’’ may be no later than 15 days after this effective date old servicer before its due date may not be substituted for ‘‘present servicer’’ where or at closing. [In this case, all necessary treated by the new loan servicer as late, and appropriate. These instructions should not information is combined in this one notice]. a late fee may not be imposed on you. Your present servicer is ______. If you Section 6 of RESPA (12 U.S.C. 2605) gives appear on the format.] lllllllllllllllllllll have any question relating to the transfer of you certain consumer rights. If you send a servicing from your present servicer call ‘‘qualified written request’’ to your loan PRESENT SERVICER ______[enter the name of an individual servicer concerning the servicing of your [Signature not required] or department here] between __ a.m. and __ loan, your servicer must provide you with a lllllllllllllllllllll p.m. on the following days ______. written acknowledgment within 20 Business Date This is a [toll-free] or [collect call] number. Days of receipt of your request. A ‘‘qualified [and][or] Your new servicer will be ______. written request’’ is a written correspondence, lllllllllllllllllllll The business address for your new servicer other than notice on a payment coupon or FUTURE SERVICER is: other payment medium supplied by the [Signature not required] lllllllllllllllllllll servicer, which includes your name and lllllllllllllllllllll ______. account number, and your reasons for the Date request. [If you want to send a ‘‘qualified The [toll-free] [collect call] telephone Dated: October 24, 2011. ______written request’’ regarding the servicing of number of your new servicer is . your loan, it must be sent to this address: Alastair M. Fitzpayne, If you have any question relating to the ______Deputy Chief of Staff and Executive Secretary, transfer of servicing to your new servicer call ] Department of the Treasury. ______[enter the name of an individual Not later than 60 Business Days after or department here] at ______[toll free or receiving your request, your servicer must [FR Doc. 2011–31722 Filed 12–19–11; 8:45 am] collect call telephone number] between make any appropriate corrections to your BILLING CODE 4810–AM–P

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Part III

The President

Proclamation 8767—Wright Brothers Day, 2011 Memorandum of December 15, 2011—Determinations Under Section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988—Russian Federation

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Federal Register Presidential Documents Vol. 76, No. 244

Tuesday, December 20, 2011

Title 3— Proclamation 8767 of December 15, 2011

The President Wright Brothers Day, 2011

By the President of the United States of America

A Proclamation

On a blustery December morning in 1903, two brothers from Dayton, Ohio, successfully piloted the world’s first powered flying machine and ascended from the steady currents of North Carolina’s Outer Banks into the heights of our collective memory. During the 12 seconds their aircraft remained aloft in Kitty Hawk’s gusty headwinds, Wilbur and Orville Wright sparked a transportation revolution and fulfilled a dream shared across cultures since time immemorial. Today, we commemorate their extraordinary feat and celebrate the spirit of American innovation that propels our Nation toward bold new horizons. Fashioned from wood and cloth and powered by a four-cylinder engine they designed themselves, the Wright brothers’ Flyer I was the culmination of years of painstaking research and unyielding perseverance. They financed countless experiments with earnings from their bicycle shop, gathering data on wing shape using a home-built wind tunnel and developing the basic controls for pitch, roll, and yaw that, to this day, guide our jetliners to every corner of the world and our spacecraft to the farthest reaches of the Solar System. The technical obstacles they overcame were tremendous, and Orville and Wilbur Wright’s pioneering vision stands as a testament to the will and determination that fuels innovators, inventors, scientists, and entrepreneurs across our country—from home workbenches to national laboratories. As we pursue progress and prosperity in the 21st century, we remember the key to our success has always been our unparalleled ability to think up new ideas, create new industries, and lead the way in discovery and innovation—just as it was for the Wright brothers over a century ago. To reaffirm our role as the engine that drives science and technology around the world, we must empower our Nation’s youth with a competitive edu- cation and the tools to make tomorrow’s breakthrough discoveries. On December 17, 1903, Wilbur and Orville Wright helped inspire a century of progress and groundbreaking ideas when they guided a small wooden aircraft above the sands of Kitty Hawk and onto the ocean breeze. Even after this monumental achievement, the brothers continued to push the boundaries of flight and possibility, rapidly advancing the field of aeronautics and our burgeoning aviation industry. They inspired other early aviators, including Calbraith Perry Rodgers, who flew a Wright airplane to complete the first transcontinental flight 100 years ago, and Harriet Quimby, who became our Nation’s first female licensed pilot and a groundbreaking aviator. So, too, must we press onward, exploring new frontiers of science, tech- nology, and imagination in pursuit of a brighter future for generations to come. The Wright brothers stand among America’s most celebrated innovators, and today, we recognize all those who look toward the heavens and envision what might be. The Congress, by a joint resolution approved December 17, 1963, as amended (77 Stat. 402; 36 U.S.C. 143), has designated December 17 of each year as ‘‘Wright Brothers Day’’ and has authorized and requested the President

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to issue annually a proclamation inviting the people of the United States to observe that day with appropriate ceremonies and activities. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim December 17, 2011, as Wright Brothers Day. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of December, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty- sixth.

[FR Doc. 2011–32761 Filed 12–19–11; 11:15 am] Billing code 3295–F2–P

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Memorandum of December 15, 2011

Determinations Under Section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988—Russian Federation

Memorandum for the United States Trade Representative

Pursuant to section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2905(a)), I determine that state trading enterprises account for a significant share of the exports of the Russian Federation (Russia) and goods that compete with imports into Russia. I further determine that such state trading enterprises unduly burden and restrict, or adversely affect, the foreign trade of the United States or of the U.S. economy, or are likely to result in such a burden, restriction, or effect. Russia is seeking to become a member of the World Trade Organization (WTO). The terms and conditions for Russia’s accession to the WTO include Russia’s commitments that it will ensure that state-owned and state-con- trolled enterprises, when engaged in commercial activity, will make pur- chases, which are not intended for governmental use, and sales in inter- national trade in a manner consistent with applicable provisions of the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement). In addition, Russia’s state trading enterprises will make pur- chases and sales based solely on commercial considerations, e.g., price, quality, marketability, and availability, and that U.S. business firms will have an adequate opportunity to compete for sales to and purchases from these enterprises on non-discriminatory terms and conditions. The obligations that Russia will assume under the WTO Agreement, including Russia’s pro- tocol of accession, meet the requirements of section 1106(b)(2)(A) (19 U.S.C. 2905(b)(2)(A)), and thus my determinations under section 1106(a) do not require invocation of the non-application provisions of the WTO Agreement.

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You are authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, December 15, 2011

[FR Doc. 2011–32762 Filed 12–19–11; 11:15 am] Billing code 3190–01–P

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Reader Aids Federal Register Vol. 76, No. 244 Tuesday, December 20, 2011

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Proposed Rules: Presidential Documents 2 CFR Executive orders and proclamations 741–6000 121...... 77914 The United States Government Manual 741–6000 421...... 76609 316...... 75809 317...... 75809 Other Services 3 CFR 320...... 75809 Electronic and on-line services (voice) 741–6020 Proclamations: 331...... 75809 Privacy Act Compilation 741–6064 8760...... 76021 354...... 75809 Public Laws Update Service (numbers, dates, etc.) 741–6043 8761...... 76023 355...... 75809 TTY for the deaf-and-hard-of-hearing 741–6086 8762...... 76025 381...... 75809 8763...... 76601 412...... 75809 ELECTRONIC RESEARCH 8764...... 76871 424...... 75809 World Wide Web 8765...... 77363 8766...... 77365 10 CFR Full text of the daily Federal Register, CFR and other publications 8767...... 79021 40...... 78805 is located at: www.fdsys.gov. Executive Orders: 50...... 74630, 75771 Federal Register information and research tools, including Public 13592...... 76603 52 ...... 74630, 75771, 78096 Inspection List, indexes, and links to GPO Access are located at: 13593...... 78451 Proposed Rules: www.ofr.gov. Administrative Orders: 20...... 77431 E-mail Memorandums: 30...... 77431 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandum of July 32...... 76625 an open e-mail service that provides subscribers with a digital 19, 2011 ...... 76869 40...... 77431 form of the Federal Register Table of Contents. The digital form Memorandum of 50 ...... 76322, 77431, 78173 of the Federal Register Table of Contents includes HTML and November 28, 70...... 77431 PDF links to the full text of each document. 2011 ...... 75423 72...... 77431 To join or leave, go to http://listserv.access.gpo.gov and select Memorandum of 73...... 76327 Online mailing list archives, FEDREGTOC-L, Join or leave the list December 15, Ch. II ...... 75798 (or change settings); then follow the instructions. 2011 ...... 79023 429...... 76328, 77914 PENS (Public Law Electronic Notification Service) is an e-mail 430...... 76328, 78174 service that notifies subscribers of recently enacted laws. 4 CFR 431...... 77914 Ch. III ...... 75798 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 28...... 76873 900...... 77432 and select Join or leave the list (or change settings); then follow Ch. X...... 75798 the instructions. 5 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 1605...... 78093 12 CFR 1653...... 78093 respond to specific inquiries. 225...... 74631 Reference questions. Send questions and comments about the Proposed Rules: 912...... 74648 Federal Register system to: [email protected] Ch. XXIII ...... 75798 997...... 74648 The Federal Register staff cannot interpret specific documents or 7 CFR 1003...... 78465 regulations. 1006...... 78121 Reminders. Effective January 1, 2009, the Reminders, including 210...... 78095 1007...... 78483 Rules Going Into Effect and Comments Due Next Week, no longer 215...... 78095 1008...... 78483 appear in the Reader Aids section of the Federal Register. This 220...... 78095 1009...... 78126 information can be found online at http://www.regulations.gov. 235...... 78095 1013...... 78500 245...... 78095 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1014...... 78130 761...... 75427 longer appears in the Federal Register. This information can be 1015...... 78130 763...... 75427 found online at http://bookstore.gpo.gov/. 1024...... 78978 764...... 75427 1780...... 74648 3021...... 76609 FEDERAL REGISTER PAGES AND DATE, DECEMBER 1781...... 74648 Proposed Rules: 1782...... 74648 74625–75426...... 1 319...... 78168 1783...... 74648 75427–75770...... 2 331...... 77914 1784...... 74648 75771–76020...... 5 400...... 75799 1785...... 74648 76021–76292...... 6 457...... 75805 1786...... 74648 76293–76600...... 7 1700...... 76905 1787...... 74648 76601–76872...... 8 1788...... 74648 76873–77106...... 9 8 CFR 1789...... 74648 77107–77362...... 12 280...... 74625 1790...... 74648 77363–77668...... 13 1280...... 74625 1791...... 74648 77669–77894...... 14 1792...... 74648 77895–78092...... 15 9 CFR 1793...... 74648 78093–78464...... 16 201...... 76874 1794...... 74648 78465–78804...... 19 317...... 76890 1795...... 74648 78805–79024...... 20 381...... 76890 1796...... 74648

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1797...... 74648 774...... 77115 Proposed Rules: 9...... 75458 1798...... 74648 801...... 76029 9...... 75830 17...... 78569, 78824 1799...... 74648 902...... 74670 19...... 75836 36...... 78827 Proposed Rules: 922...... 77670 Proposed Rules: 28 CFR 5...... 76905 Proposed Rules: 9...... 77455 362...... 78086, 78090 740...... 76072 50...... 76037 17...... 75509 380...... 77442 742...... 76072, 76085 Proposed Rules: 39 CFR Ch. X ...... 75825, 76628 770...... 76085 2...... 78183 774...... 76072, 76085 20...... 75786, 76619 13 CFR 29 CFR 111 ...... 74704, 75461, 77133 Proposed Rules: 16 CFR 102...... 77699 501...... 77149 107...... 76907 437...... 76816 1910...... 75782 Proposed Rules: 121...... 74749 Proposed Rules: 1980...... 78150 121...... 77942 125...... 74749 Ch. II ...... 75504 4022...... 77900 501...... 74753 300...... 76492 4044...... 74699, 77900 40 CFR 301...... 76492 17 CFR Proposed Rules: 302...... 76492 1...... 77670, 78776 1910...... 75840 9...... 75794, 76300 303...... 76492 30...... 78776 2520...... 76222 52 ...... 75464, 75467, 75795, 304...... 76492 76046, 76048, 76302, 76620, Proposed Rules: 2560...... 76235 305...... 76492 37...... 77728 2571...... 76235 77150, 77701, 77903, 78162, 306...... 76492 38...... 77728 78571, 78829 307...... 76492 30 CFR 230...... 78181 63...... 74708 308...... 76492 1206...... 76612 70...... 77701 310...... 76492 19 CFR 1210...... 76612 81 ...... 76048, 76302, 77903 311...... 76492 82...... 77909, 78832 12...... 74690, 74691 1218...... 76612 314...... 76492 1220...... 76612 93...... 75797 21 CFR 1227...... 76612 180 ...... 76304, 76309, 77703, 14 CFR 77709 314...... 78530 1228...... 76612 23...... 75736 261...... 74709 520...... 78149, 78815 1243...... 76612 25...... 74649 300 ...... 76048, 76314, 77388 524...... 78150 Proposed Rules: 27...... 74655 721...... 75794, 76300 558...... 76894 904...... 76104 29...... 74655, 75435 1308...... 77330, 77895 906...... 76109 Proposed Rules: 39 ...... 74665, 74667, 75442, 1314...... 74696 926...... 76111 9...... 78599 75772, 76027, 76293, 77107, 52 ...... 75845, 75849, 75857, Proposed Rules: Ch. XII...... 76634 77108, 77367, 77369, 77371, 76112, 76115, 76646, 76673, 172...... 78866 77375, 77376, 77378, 77380, 31 CFR 76929, 77178, 77182, 77739, 77382, 78138, 78520, 78522, 1140...... 76096 538...... 76617 77742, 77950, 77952, 78193, 78524, 78526, 78805, 78808 22 CFR 78194, 78869, 78871 61...... 78141 33 CFR 63...... 76260, 78872 71 ...... 75445, 75446, 75447, 22...... 76032 100...... 77119, 78151 70...... 74755, 77742 75448, 75449, 76891, 77383, 126...... 76035 110...... 76295 81...... 78872 77669, 77899, 78144, 78529 Proposed Rules: 117 ...... 76297, 76298, 76299, 85...... 74854, 76932 73...... 77386 120...... 78578 78153 86...... 74854, 76932 91...... 76611 121...... 76097, 76100 155...... 76299 122...... 78599 97 ...... 77111, 77113, 78810, 122...... 78578 165 ...... 75450, 76044, 77121, 136...... 77742 78812 126...... 78578 77125, 77901, 78154, 78157, 152...... 76335 399...... 78145 127...... 78578 180...... 76674 129...... 78578 78159, 78161, 78820 Proposed Rules: 334...... 75453 261...... 76677 35...... 74749 171...... 76103 281...... 76684 Proposed Rules: 39 ...... 76066, 76068, 76330, 300 ...... 76118, 76336, 77457 24 CFR 117 ...... 75505, 76634, 76637 77157, 77159, 77446, 77934, 600...... 74854, 76932 110...... 78185 77937, 78574, 78863 91...... 75954, 75994 127...... 78188 71 ...... 76070, 77448, 77449, 576...... 75954 41 CFR 165...... 76640, 77175 77450, 77451, 77727, 78180, 582...... 75994 102-34...... 76622 167...... 76927 78576, 78864 583...... 75994 334...... 75508 Proposed Rules: 77...... 76333 Proposed Rules: 60-741...... 77056 50...... 77162 91...... 77939 34 CFR 121...... 77452, 77939 55...... 77162 42 CFR 125...... 77939 58...... 77162 99...... 75604 401...... 76542 91...... 76917, 78344 129...... 77939 36 CFR Proposed Rules: 135...... 77452, 77939 92...... 78344 73...... 78215 7...... 77131 142...... 77452 576...... 76917 121...... 78216 183...... 77453 580...... 76917 Proposed Rules: 402...... 78742 583...... 76917 1190...... 75844 403...... 78742 15 CFR 1193...... 76640, 77738 26 CFR 285...... 78814 1194...... 76640, 77738 44 CFR 730...... 76892 1 ...... 75774, 75781, 76895, 37 CFR 64...... 74717, 78164 732...... 77115 78540, 78545, 78553, 78816 65...... 76052, 77155 734...... 76892 31...... 77672 1...... 74700, 78566 67...... 76055, 76060 736...... 76892, 77115 301...... 76037 381...... 74703 738...... 77115 Proposed Rules: 386...... 74703 45 CFR 740...... 77115 1 ...... 75829, 76633, 77454, Proposed Rules: 156...... 77392 742...... 76892, 77115 78182, 78183, 78591, 78594 201...... 78866 158...... 76574, 76596 744...... 76892, 78146 745...... 76892 27 CFR 38 CFR 46 CFR 746...... 77115 9 ...... 77677, 77684, 77696 4...... 78823 2...... 77712

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8...... 76896 204...... 76318 204...... 78874 531...... 74854, 76932 24...... 77712 205...... 76318 212...... 78874 533...... 74854, 76932 30...... 77712 206...... 76318 213...... 78874 536...... 74854, 76932 70...... 77712 207...... 76318 215...... 75512 537...... 74854, 76932 90...... 77712 209...... 76318 217...... 78874 571...... 77183 91...... 77712 211...... 76318 219...... 78874 830...... 76686 126...... 77128 212...... 76318, 78858 222...... 78874 188...... 77712 213...... 76318 225...... 78874 506...... 74720 214...... 76318 233...... 78874 50 CFR 215...... 76318 243...... 78874 47 CFR 622...... 75488 216...... 76318 252...... 75512, 78874 635...... 75492, 76900 0...... 74721 217...... 76318 422...... 74755 640...... 75488 8...... 74721 219...... 76318 648...... 74724 20...... 74721, 77415 225...... 76318, 78858 49 CFR 660...... 74725, 77415 61...... 76623 227...... 76318 177...... 75470 665...... 74747 69...... 76623 234...... 76318 269...... 77716 101...... 74722 237...... 76318 383...... 75470 679 ...... 74670, 76902, 76903 680...... 74670 Proposed Rules: 243...... 76318 384...... 75470 20...... 77747 252...... 76318, 78858 390...... 75470 Proposed Rules: 54...... 78384 Ch. II ...... 76318 391...... 75470 17 ...... 75858, 76337, 78601 73...... 76337 422...... 74722 392...... 75470 223 ...... 77465, 77466, 77467 Proposed Rules: 575...... 74723 224...... 77467 48 CFR App. I to Ch. 2 ...... 78874 Proposed Rules: 622...... 74757, 78879 52...... 76899 201...... 78874 386...... 77458 648...... 77200 202...... 76318 203...... 78874 523...... 74854, 76932 679...... 77757

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Superintendent of Documents, change in eligibility U.S. Government Printing requirements for membership. LIST OF PUBLIC LAWS Office, Washington, DC 20402 (Dec. 13, 2011; 125 Stat. 767) Public Laws Electronic (phone, 202–512–1808). The Notification Service This is a continuing list of text will also be made S. 1639/P.L. 112–66 (PENS) public bills from the current available on the Internet from session of Congress which GPO’s Federal Digital System To amend title 36, United have become Federal laws. It (FDsys) at http://www.gpo.gov/ States Code, to authorize the PENS is a free electronic mail may be used in conjunction notification service of newly fdsys. Some laws may not yet American Legion under its with ‘‘P L U S’’ (Public Laws be available. enacted public laws. To Update Service) on 202–741– Federal charter to provide subscribe, go to http:// 6043. This list is also H.R. 2192/P.L. 112–64 guidance and leadership to listserv.gsa.gov/archives/ available online at http:// National Guard and Reservist the individual departments and publaws-l.html www.archives.gov/federal- Debt Relief Extension Act of posts of the American Legion, Note: This service is strictly register/laws. 2011 (Dec. 13, 2011; 125 and for other purposes. (Dec. for E-mail notification of new Stat. 766) 13, 2011; 125 Stat. 768) The text of laws is not laws. The text of laws is not S. 1541/P.L. 112–65 published in the Federal Last List December 5, 2011 available through this service. Register but may be ordered To revise the Federal charter PENS cannot respond to in ‘‘slip law’’ (individual for the Blue Star Mothers of specific inquiries sent to this pamphlet) form from the America, Inc. to reflect a address.

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