Vol. 76 Friday, No. 195 October 7, 2011 Pages 62281–62596

Vol. 76 Friday, No. 195 October 7, 2011

Pages 62281–62596

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 76, No. 195

Friday, October 7, 2011

Agency for Healthcare Research and Quality Cook Inlet Regional Citizens Advisory Council; Charter NOTICES Renewal, 62428–62429 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62410–62412 Commerce Department See International Trade Administration Agricultural Marketing Service See National Institute of Standards and Technology NOTICES See National Oceanic and Atmospheric Administration Meetings: See Patent and Trademark Office National Organic Standards Board, 62336–62339 Committee for Purchase From People Who Are Blind or Agriculture Department Severely Disabled See Agricultural Marketing Service NOTICES See Animal and Plant Health Inspection Service Procurement List; Proposed Additions and Deletions, See Commodity Credit Corporation 62391–62393 See Food and Nutrition Service See Forest Service Commodity Credit Corporation NOTICES NOTICES Agency Information Collection Activities; Proposals, Domestic Sugar Program: Submissions, and Approvals, 62336 2011 Crop Cane Sugar and Beet Sugar Marketing Allotments and Company Allocations, 62339–62341 Animal and Plant Health Inspection Service PROPOSED RULES Comptroller of the Currency Compliance with Federal Select Agent Program: NOTICES Public Meeting, 62312–62313 Agency Information Collection Activities; Proposals, Traceability for Livestock Moving Interstate, 62313 Submissions, and Approvals, 62498–62499 NOTICES Approval of Interstate Movement of Rambutan From Puerto Consumer Product Safety Commission Rico, 62339 NOTICES Meetings; Sunshine Act, 62393–62394 Blind or Severely Disabled, Committee for Purchase From People Who Are Defense Department See Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Meetings: Defense Acquisition University Board of Visitors; Centers for Disease Control and Prevention Cancellation, 62394 NOTICES Privacy Act; Systems of Records, 62394 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62412–62413 Drug Enforcement Administration NOTICES Centers for Medicare & Medicaid Services Importers of Controlled Substances; Applications, 62446– NOTICES 62447 Agency Information Collection Activities; Proposals, Importers of Controlled Substances; Registrations, 62447– Submissions, and Approvals, 62413–62415 62449 Medicare Economic Index Technical Advisory Panel; Manufacturers of Controlled Substances; Applications, Establishment and Request for Nominations, 62415– 62449–62451 62416 Manufacturers of Controlled Substances; Registrations, 62451 Children and Families Administration NOTICES Education Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 62416–62418 Meetings: Equity and Excellence Commission, 62394–62395 Coast Guard RULES Employment and Training Administration Safety Zones: NOTICES Rotary Club of Fort Lauderdale New River Raft Race, Amended Certifications Regarding Eligibility to Apply for New River, Fort Lauderdale, FL, 62301–62303 Worker Adjustment Assistance: Special Local Regulations: Avon Products, Inc., Springdale, OH, 62451–62452 Line of Sail Marine Parade, East River and Brunswick Determinations Regarding Eligibility to Apply for Worker River, Brunswick, GA, 62298–62301 Adjustment and Alternative Trade Adjustment NOTICES Assistance, 62452–62455 Agency Information Collection Activities; Proposals, Updated Funding Availability for H–1B Technical Skills Submissions, and Approvals, 62424–62428 Training Grant, 62455

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Energy Department Federal Energy Regulatory Commission See Federal Energy Regulatory Commission NOTICES NOTICES Applications: Agency Information Collection Activities; Proposals, Natural Gas Pipeline Company of America LLC, 62395– Submissions, and Approvals, 62395 62396 Complaints: Environmental Protection Agency Martha Coakley, Attorney General of Massachusetts, et al. RULES v. Bangor Hydro-Electric Co., et al., 62396–62397 Final Authorizations of State Hazardous Waste Management Environmental Assessments; Availability, etc.: Program Revisions: Mountain Pass Lateral Project, Kern River Gas California, 62303–62306 Transmission Co., 62397–62398 NOTICES License Amendment Applications: Agency Information Collection Activities; Proposals, Northern States Power Co., 62398–62399 Submissions, and Approvals: Preliminary Permit Applications: Focus Groups as Used by EPA for Economics Projects; Bison Peak Pumped Storage, LLC, 62399–62400 Renewal, 62400–62402 Federal Highway Administration Ambient Air Monitoring Reference and Equivalent NOTICES Methods: Final Federal Agency Actions on Local Arterial in Designation of One New Equivalent Method, 62402– California, 62495–62496 62403 American Recovery and Reinvestment Act Buy American Federal Maritime Commission Waivers: NOTICES Airway Heights, WA, 62403–62404 Ocean Transportation Intermediary Licenses; Applicants, West Monroe, LA, 62404–62405 62407 Environmental Impact Statements; Availability, etc.: Ocean Transportation Intermediary Licenses; Reissuances, Weekly Receipt, 62405–62406 62408 Ocean Transportation Intermediary Licenses; Revocations, Executive Office of the President 62408 See Presidential Documents See Science and Technology Policy Office Federal Mine Safety and Health Review Commission NOTICES Federal Aviation Administration Meetings; Sunshine Act, 62408 PROPOSED RULES Federal Motor Carrier Safety Administration Airworthiness Directives: NOTICES Aviation Communication and Surveillance Systems Meetings: Traffic Alert and Collision Avoidance System Units, Motor Carrier Safety Advisory Committee Public 62321–62327 Subcommittee, 62496–62497 NOTICES Air Tour Management Plan Programs; Extension of Scoping Federal Reserve System Periods: NOTICES Golden Gate National Recreation Area, San Francisco Formations of, Acquisitions by, and Mergers of Bank Maritime National Historical Park and Point Reyes Holding Companies, 62408–62409 National Seashore, 62495 Formations of, Acquisitions by, and Mergers of Bank Holding Companies; Correction, 62409 Federal Communications Commission Proposals to Engage In or to Acquire Companies Engaged in RULES Permissible Nonbanking Activities, 62409 Implementing Nationwide, Broadband, Interoperable Public Safety Network in 700 MHz Band, 62309 Fish and Wildlife Service PROPOSED RULES PROPOSED RULES Radio Broadcasting Services: Endangered and Threatened Wildlife and Plants: Alamo, GA; Alton, MO; Boscobel, WI, etc., 62330–62331 12-Month Finding on Petition to List Black-footed Albatross, 62504–62565 NOTICES Federal Deposit Insurance Corporation Environmental Assessments; Availability, etc.: NOTICES Savannah National Wildlife Refuge Complex, GA and SC, Meetings; Sunshine Act, 62406 62439–62440 Update Listing of Financial Institutions in Liquidation, 62407 Food and Drug Administration NOTICES Federal Emergency Management Agency Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals Proposed Flood Elevation Determinations: Tobacco Products, Exemptions From Substantial Correction, 62329–62330 Equivalence Requirements; Correction, 62418 NOTICES Meetings: Agency Information Collection Activities; Proposals, Antiviral Drugs Advisory Committee, 62418–62419 Submissions, and Approvals: General and Plastic Surgery Devices Panel of the Medical Disaster Assistance Registration, 62429–62431 Devices Advisory Committee, 62419

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Public Workshops: Interior Department Science of Abuse Liability Assessment, 62419–62420 See Fish and Wildlife Service See Indian Affairs Bureau Food and Nutrition Service See National Park Service NOTICES See Reclamation Bureau Agency Information Collection Activities; Proposals, Submissions, and Approvals: Internal Revenue Service School Foodservice Indirect Cost Study, 62341–62342 PROPOSED RULES Retail Inventory Method, 62327–62329 Forest Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 62499–62501 Deschutes Provincial Advisory Committee, 62342 Sabine Resource Advisory Committee, 62342 International Trade Administration NOTICES Health and Human Services Department Antidumping Duty Administrative Reviews; Preliminary See Agency for Healthcare Research and Quality Results: See Centers for Disease Control and Prevention Freshwater Crawfish Tail Meat From the People’s See Centers for Medicare & Medicaid Services Republic of China, 62349–62356 See Children and Families Administration Certain Lined Paper Products from India, 62343–62349 See Food and Drug Administration Certain New Pneumatic Off-the-Road Tires from the See Health Resources and Services Administration People’s Republic of China, 62356–62364 See National Institutes of Health Binational Panel Reviews; Completions, 62364 RULES Countervailing Duty Administrative Reviews; Preliminary Countermeasures Injury Compensation Program; Results: Administrative Implementation, 62306–62309 Certain Kitchen Appliance Shelving and Racks from the NOTICES People’s Republic of China, 62364–62373 Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort, 62409 International Trade Commission NOTICES Health Resources and Services Administration Meetings; Sunshine Act, 62444 NOTICES Statement of Organization, Functions and Delegations of Justice Department Authority, 62420–62421 See Drug Enforcement Administration See Justice Programs Office Homeland Security Department See National Institute of Justice See Coast Guard NOTICES See Federal Emergency Management Agency Agency Information Collection Activities; Proposals, See U.S. Customs and Border Protection Submissions, and Approvals: PROPOSED RULES Claims Filed Under the Radiation Exposure Ammonium Nitrate Security Program: Compensation Act, 62445–62446 Public Meetings, 62311–62312 Understanding Trends in Hate Crimes Against Immigrants and Hispanic Americans, 62444–62445 Housing and Urban Development Department Lodging of Settlement Agreements Under CERCLA, 62446 NOTICES Justice Programs Office Delegations Of Authority: Office of Congressional and Intergovernmental Relations, NOTICES 62594 Agency Information Collection Activities; Proposals, Office of Disaster Management and National Security, Submissions, and Approvals: 62433–62434 Understanding Trends in Hate Crimes Against Draft Environmental Justice Strategy, 62434 Immigrants and Hispanic Americans, 62444–62445 Federal Property Suitable as Facilities to Assist the Labor Department Homeless, 62434–62438 See Employment and Training Administration Meetings: Manufactured Housing Consensus Committee, 62438– Mine Safety and Health Federal Review Commission 62439 See Federal Mine Safety and Health Review Commission Orders Of Succession: Office of Congressional and Intergovernmental Relations, National Aeronautics and Space Administration 62594–62595 NOTICES Office of Disaster Management and National Security, Meetings: 62439 Aerospace Safety Advisory Panel, 62455–62456 Science Committee; Planetary Science Subcommittee, Indian Affairs Bureau 62456 NOTICES Environmental Impact Statements; Availability, etc.: National Credit Union Administration Manzanita Band of Kumeyaay Indians Fee-to-Trust NOTICES Transfer and Casino Project, Calexico, CA, 62440– Agency Information Collection Activities; Proposals, 62442 Submissions, and Approvals, 62456–62457

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National Institute of Justice Nuclear Regulatory Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Atomic Safety and Licensing Board Hearings: Submissions, and Approvals: Nextera Energy Seabrook, LLC, Seabrook Station, Unit 1, Understanding Trends in Hate Crimes Against 62457 Immigrants and Hispanic Americans, 62444–62445 Orders: Tennessee Valley Authority, Bellefonte Nuclear Plant, Unit 1, 62457–62460 National Institute of Standards and Technology NOTICES Patent and Trademark Office Meetings: NOTICES Cloud Computing Forum and Workshop IV, 62373–62374 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Institutes of Health Public User ID Badging, 62387–62388 Public Hearing and Request for Comments on Study of NOTICES Prior User Rights, 62388–62389 Agency Information Collection Activities; Proposals, Public Hearings on Study of International Patent Protection Submissions, and Approvals: for Small Businesses, 62389–62391 A Generic Submission for Theory Development and Validation, 62421–62422 Postal Regulatory Commission Meetings: NOTICES National Cancer Institute, 62422–62423 Post Office Closings, 62460–62469 National Heart, Lung, and Blood Institute, 62422 National Institute of Environmental Health Sciences, Presidential Documents 62424 PROCLAMATIONS National Institute of Environmental Health Sciences; Special Observances: Cancellation, 62422 Child Health Day (Proc. 8729), 62295–62296 National Institute on Deafness and Other Communication National Arts and Humanities Month (Proc. 8723), Disorders, 62423–62424 62283–62284 National Breast Cancer Awareness Month (Proc. 8724), National Oceanic and Atmospheric Administration 62285–62286 RULES National Cybersecurity Awareness Month (Proc. 8725), Fisheries of the Caribbean, Gulf of Mexico, and South 62287–62288 Atlantic: National Disability Employment Awareness Month (Proc. Coastal Migratory Pelagic Resources of the Gulf of Mexico 8726), 62289–62290 and South Atlantic; Closure, 62309–62310 National Domestic Violence Awareness Month (Proc. PROPOSED RULES 8727), 62291–62292 Atlantic Highly Migratory Species: National Substance Abuse Prevention Month (Proc. Atlantic Shark Management Measures, 62331–62335 8728), 62293–62294 NOTICES EXECUTIVE ORDERS Agency Information Collection Activities; Proposals, Committees; Establishment, Renewal, Termination, etc.: Submissions, and Approvals: Federal Advisory Committees, Continuation (EO 13585), Alaska Recreational Charter Vessel Guide and Owner 62281–62282 Data, 62374–62375 Reclamation Bureau Endangered and Threatened Species: NOTICES 90-Day Finding on Petitions to Delist Coho Salmon, Environmental Impact Statements; Availability, etc.: 62375–62376 Upper Truckee River Restoration and Golf Course Meetings: Reconfiguration Project, 62442–62443 Marine Fisheries Advisory Committee, 62377 Pacific Fishery Management Council, 62377–62378 Science and Technology Policy Office South Atlantic Fishery Management Council; Correction, NOTICES 62377 Webinars: Takes of Marine Mammals Incidental to Specified 2011 National Nanotechnology Initiative Environmental, Activities: Health, and Safety Strategy, 62469 Air-to-Surface Gunnery Missions in Gulf of Mexico, 62378–62387 Securities and Exchange Commission NOTICES National Park Service Applications for Deregistration, 62469–62470 NOTICES Applications: National Register of Historic Places: Global X Funds, et al., 62475–62481 Notification of Pending Nominations and Related Incapital LLC, et al., 62481–62484 Actions, 62442 MFS Series Trust I, et al., 62470–62475 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 62491–62494 National Science Foundation NASDAQ OMX BX, Inc., 62489–62491 NOTICES NASDAQ OMX PHLX LLC, 62486–62488 Meetings; Sunshine Act, 62457 NASDAQ Stock Market LLC, 62484–62486

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Small Business Administration See Internal Revenue Service PROPOSED RULES RULES Small Business Size and Status Integrity, 62313–62321 Privacy Act: Implementation, 62297–62298 State Department NOTICES U.S. Customs and Border Protection Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Final Determinations: Supplemental Nonimmigrant Visa Form, 62494 Certain Ethernet Switches, 62431–62433 Designations as Global Terrorists: Ibrahim Awwad Ibrahim Ali al-Badri, aka as Dr. Ibrahim Awwad Ibrahim Ali al-Badri, etc., 62494–62495 Separate Parts In This Issue

State Justice Institute Part II NOTICES Interior Department, Fish and Wildlife Service, 62504– Grant Guideline for Fiscal Year 2012, 62568–62591 62565 Surface Transportation Board Part III NOTICES State Justice Institute, 62568–62591 Abandonment Exemptions: Grenada Railway LLC in Grenada, Montgomery, Carroll, Holmes, Yazoo and Madison Counties, MS, 62497– Part IV 62498 Housing and Urban Development Department, 62594–62595 Acquisitions and Operation Exemptions: Finger Lakes Railway Corp. from CSX Transportation, Inc., 62498 Reader Aids Consult the Reader Aids section at the end of this page for Transportation Department phone numbers, online resources, finding aids, reminders, See Federal Aviation Administration and notice of recently enacted public laws. See Federal Highway Administration See Federal Motor Carrier Safety Administration To subscribe to the Federal Register Table of Contents See Surface Transportation Board LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Treasury Department archives, FEDREGTOC-L, Join or leave the list (or change See Comptroller of the Currency 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: 8723...... 62283 8724...... 62285 8725...... 62287 8726...... 62289 8727...... 62291 8728...... 62293 8729...... 62295 Executive Orders: 13585...... 62281 6 CFR Proposed Rules: 31...... 62311 7 CFR Proposed Rules: 331...... 62312 9 CFR Proposed Rules: 71...... 62313 77...... 62313 78...... 62313 90...... 62313 121...... 62312 13 CFR Proposed Rules: 121...... 62313 124...... 62313 125...... 62313 126...... 62313 127...... 62313 14 CFR Proposed Rules: 39...... 62321 26 CFR Proposed Rules: 1...... 62327 31 CFR 1...... 62297 33 CFR 100...... 62298 165...... 62301 40 CFR 271...... 62303 42 CFR 110...... 62306 44 CFR Proposed Rules: 67...... 62329 47 CFR Ch. I ...... 62309 Proposed Rules: 73...... 62330 50 CFR 622...... 62309 Proposed Rules: 17...... 62504 635...... 62331

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Federal Register Presidential Documents Vol. 76, No. 195

Friday, October 7, 2011

Title 3— Executive Order 13585 of September 30, 2011

The President Continuance of Certain Federal Advisory Committees

By the authority vested in me as President by the Constitution and the laws of the United States of America, and consistent with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Each advisory committee listed below is continued until September 30, 2013. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) President’s Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (c) President’s Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (d) Federal Advisory Council on Occupational Safety and Health; Executive Order 11612, as amended (Department of Labor). (e) President’s Export Council; Executive Order 12131, as amended (Depart- ment of Commerce). (f) President’s Committee on the International Labor Organization; Execu- tive Order 12216, as amended (Department of Labor). (g) President’s Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (h) President’s National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (i) National Industrial Security Program Policy Advisory Committee; Execu- tive Order 12829, as amended (National Archives and Records Administra- tion). (j) Trade and Environment Policy Advisory Committee; Executive Order 12905, as amended (Office of the United States Trade Representative). (k) President’s Committee for People with Intellectual Disabilities; Execu- tive Order 12994, as amended (Department of Health and Human Services). (l) National Infrastructure Advisory Council; Executive Order 13231, as amended (Department of Homeland Security). (m) President’s Council on Fitness, Sports, and Nutrition; Executive Order 13265, as amended (Department of Health and Human Services). (n) President’s Board of Advisors on Tribal Colleges and Universities; Executive Order 13270 (Department of Education). (o) President’s Advisory Commission on Asian Americans and Pacific Islanders; Executive Order 13515 (Department of Education). Sec. 2. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section 1 of this order shall be performed by the head of the department or agency designated after each committee, in accordance with the guidelines and procedures established by the Administrator of General Services.

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Sec. 3. Sections 1 and 2 of Executive Order 13511 are superseded by sections 1 and 2 of this order. Sec. 4. Executive Order 13515 of October 14, 2009, is amended: (a) in section 2(a), by striking ‘‘through the Secretaries of Education and Commerce, as Co-Chairs of the Initiative described in section 3 of this order’’ and inserting in lieu thereof ‘‘through the Co-Chairs of the Initiative’’; (b) in section 2(c), by striking ‘‘Secretary of Education, in consultation with the Secretary of Commerce,’’ and inserting in lieu thereof ‘‘Co-Chairs of the Initiative’’; (c) in the introductory text to section 3: (1) by striking ‘‘The Secretary of Commerce and the Secretary of Education shall serve as the Co-Chairs of the Initiative’’ and inserting in lieu thereof ‘‘The Secretary of Education and a senior official to be designated by the President from the membership of the Initiative shall serve as Co- Chairs of the Initiative’’; and (2) by striking ‘‘Secretaries’’ and inserting in lieu thereof ‘‘Co-Chairs’’; and (d) in section 3(b), in the list of agency members, by inserting ‘‘the Depart- ment of Commerce’’ after ‘‘the Department of Agriculture’’ and inserting ‘‘the Department of Education’’ after ‘‘the Department of Energy’’ and then redesignating the subsections of section 3(b) as appropriate. Sec. 5. This order shall be effective September 30, 2011.

THE WHITE HOUSE, September 30, 2011.

[FR Doc. 2011–26141 Filed 10–6–11; 8:45 am] Billing code 3295–F2–P

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Proclamation 8723 of October 3, 2011

National Arts And Humanities Month, 2011

By the President of the United States of America

A Proclamation Norman Rockwell’s magazine covers are classic and recognizable portrayals of American life. A longtime advocate of tolerance, Rockwell was criticized by some for a painting now hanging steps from the Oval Office—The Problem We All Live With. Inspired by the story of Ruby Bridges, this painting depicts a young girl being escorted to her newly-integrated school by United States Marshals. Today, the portrait remains a symbol of our Nation’s struggle for racial equality. Like Rockwell’s painting, art in all its forms often challenges us to consider new perspectives and to rethink how we see the world. This image still moves us with its simple poignancy, capturing a moment in American history that changed us forever. This is the power of the arts and humanities— they speak to our condition and affirm our desire for something more and something better. Great works of literature, theater, dance, fine art, and music reach us through a universal language that unites us regardless of background, gender, race, or creed. Millions of Americans earn a living in the arts and humanities, and the non-profit and for-profit arts industries are important parts of both our cultural heritage and our economy. The First Lady and I have been proud to honor this work by displaying American art at the White House and by hosting music, dance, poetry, and film performances and screenings. The President’s Committee on the Arts and the Humanities, along with the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute of Museum and Library Services continues to recognize the skill and creativity of American artists, historians, and philosophers while helping educate and inspire our children through the power of the arts and humanities. We must recognize the contributions of the arts and humanities not only by supporting the artists of today, but also by giving opportunities to the creative thinkers of tomorrow. Educators across our country are opening young minds, fostering innovation, and developing imaginations through arts education. Through their work, they are empowering our Nation’s students with the ability to meet the challenges of a global marketplace. It is a well-rounded education for our children that will fuel our efforts to lead in a new economy where critical and creative thinking will be the keys to success. Today, the arts and humanities continue to break social and political barriers. Throughout our history, American hopes and aspirations have been captured in the arts, from the songs of enslaved Americans yearning for freedom to the films that grace our screens today. This month, we celebrate the enlightenment and insight we have gained from the arts and humanities, and we recommit to supporting expression that challenges our assumptions, sparks our curiosity, and continues to drive us toward a more perfect union. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2011 as

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National Arts and Humanities Month. I call upon the people of the United States to join together in observing this month with appropriate ceremonies, activities, and programs to celebrate the arts and the humanities in America. IN WITNESS WHEREOF, I have hereunto set my hand this third day of October, in the year of our Lord two thousand eleven, and of the Independ- ence of the United States of America the two hundred and thirty-sixth.

[FR Doc. 2011–26142 Filed 10–6–11; 8:45 am] Billing code 3295–F2–P

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Proclamation 8724 of October 3, 2011

National Breast Cancer Awareness Month, 2011

By the President of the United States of America

A Proclamation

This month, pink ribbons will be displayed around our country, adorning jackets and public spaces alike. A sign of solidarity, these ribbons remind us of our commitment to preventing and treating breast cancer, and to supporting those courageously battling this disease. Countless Americans will participate in events to raise awareness alongside survivors and their families, working together to support research that will save lives. We have come far in recent decades in the prevention, early detection, and treatment of breast cancer. Still, this year, hundreds of thousands of women will be diagnosed with breast cancer, and too many will be lost. African-American women bear a particularly large burden, experiencing higher death rates from breast cancer than other racial or ethnic groups in the United States. Too many men also develop and fall victim to this cancer. It is important to understand the risks and precautions associated with breast cancer. Some risk factors, like obesity, are avoidable. Other factors, like family history, are not avoidable, but knowledge of them can help inform medical decisions. Taking protective steps like getting regular check- ups, maintaining a healthy body weight and balanced diet, and exercising may help lower the chances of developing breast cancer. I encourage all Americans to talk to their doctors about breast cancer, and to visit www.Cancer.gov to learn more about symptoms, diagnosis, and treatment. Screening and early detection are essential to fighting this disease, yet only about two-thirds of American women over 40 have had a mammogram in the last 2 years. But now, thanks to the Affordable Care Act, all Americans joining new health-care plans can receive recommended preventive services, including annual mammograms for women over 40, with no out-of-pocket costs. This new benefit would also ensure that women in new insurance plans who are at high risk for breast cancer are covered when they speak with their clinicians about ways to prevent or delay the development of cancer. The Affordable Care Act also established a committee tasked with advancing awareness and prevention of breast cancer among young women. This month, we join together in honoring the women and men lost to breast cancer. In their memory, we recommit to supporting the hard-working researchers, health-care providers, advocates, and organizations dedicated to treating and curing this devastating disease. We embrace our mothers, daughters, sisters, and loved ones currently battling breast cancer, along with their friends and families, and we resolve to one day defeat it. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2011 as National Breast Cancer Awareness Month. I encourage citizens, government agencies, private businesses, nonprofit organizations, and all other interested groups to join in activities that will increase awareness of what Americans can do to prevent and control breast cancer.

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IN WITNESS WHEREOF, I have hereunto set my hand this third day of October, in the year of our Lord two thousand eleven, and of the Independ- ence of the United States of America the two hundred and thirty-sixth.

[FR Doc. 2011–26143 Filed 10–6–11; 8:45 am] Billing code 3295–F2–P

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Proclamation 8725 of October 3, 2011

National Cybersecurity Awareness Month, 2011

By the President of the United States of America

A Proclamation

Americans, along with people around the world, depend on the Internet and digital tools for all aspects of our lives—from mobile devices to online commerce and social networking. This fundamental reliance is why our digital infrastructure is a strategic national asset, and why its security is our shared responsibility. This month, we recognize the role we all play in ensuring our information and communications infrastructure is interoperable, secure, reliable, and open to all. Early in my Administration, we began updating our Nation’s cybersecurity programs and policies. We developed a comprehensive plan that ensures a coordinated national response to major disruptive cyber events. This May, we also proposed to the Congress a plan to strengthen protection of our power grids, water systems, and other critical infrastructure. And because we have seen the benefits and risks of cyber- and information-related technologies play out across the world, this year we laid out the first comprehensive international vision for the future of the Internet. It sets an agenda for partnering with other nations and better defines how we can ensure the secure, free flow of information and promote universal rights, privacy, and prosperity. Every American has a stake in securing our networks and personal information, and we are working across the public and private sectors to ensure coordinated and planned responses to cyber incidents, as we do with natural disasters. The vast majority of our critical information infrastructure is owned and operated by businesses and enterprises across America. To help protect them, my Administration is collaborating with the private sector on best security practices, while continuing to provide the resources necessary for innovation—including expanded broadband access and smarter electric grids. Cybersecurity is a necessity for both businesses and consumers, and that is why we released the National Strategy for Trusted Identities in Cyberspace. This plan improves security for consumers conducting e-commerce by helping prevent fraud and identity theft and by making it easier for businesses to operate online. We are also working with community-based organizations and public- and private-sector partners to empower digital citizens to make safe choices online through our ‘‘Stop. Think. Connect.’’ campaign. The same American ingenuity that put a man on the moon also created the Internet, launching an information revolution. We must now harness that spirit of innovation to develop the next generation of accessible, secure technologies to build a safer, more prosperous future for all Americans. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2011 as National Cybersecurity Awareness Month. I call upon the people of the United States to recognize the importance of cybersecurity and to observe this month with activities, events, and trainings that will enhance our national security and resilience.

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[FR Doc. 2011–26144 Filed 10–6–11; 8:45 am] Billing code 3295–F2–P

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Proclamation 8726 of October 3, 2011

National Disability Employment Awareness Month, 2011

By the President of the United States of America

A Proclamation

Utilizing the talents of all Americans is essential for our Nation to out- innovate, out-educate, and out-build the rest of the world. During National Disability Employment Awareness Month, we recognize the skills that people with disabilities bring to our workforce, and we rededicate ourselves to improving employment opportunities in both the public and private sectors for those living with disabilities. More than 20 years after the signing of the Americans with Disabilities Act, individuals with disabilities, including injured veterans, are making immeasurable contributions to workplaces across our country. Unfortunately, the unemployment rate for people with disabilities remains too high—nearly double the rate of people without disabilities—and reversing this trend is crucial. In both the public and private sectors, we can increase employment opportunities for Americans with disabilities. My Administration is promoting competitive, integrated employment for persons with disabilities and the elderly through the Centers for Medicare and Medicaid Services. Last year, we also recommitted to making the Federal Government a model employer for people living with disabilities. Agencies are working harder than ever to promote equal hiring practices and increase retention, while also expanding internships, fellowships, and training opportunities. We know education is the foundation on which all children can build bright and successful futures, and no child should be limited in his or her desire to learn. In September, we announced the final regulations under the Individuals with Disabilities Education Act, Part C, to improve services and outcomes for infants and toddlers with disabilities and their families during the critical years before kindergarten. The educational environments we are creating for children with disabilities will ensure they are better prepared to succeed in the classroom and later in the workplace, helping position our Nation to lead in the 21st century. Work accessibility is just as vital to success as ensuring educational and hiring opportunities. Public transportation is a service that should be available to all Americans, and rules instated this year by the Department of Transportation require new rail construction or renovations to ensure accessibility to persons with disabilities. We are also improving our compliance with Section 508 of the Rehabilitation Act to make Federal agencies’ electronic and information technology more accessible to individuals with disabilities. This will ensure all applicants have equal opportunity to apply for jobs, and it will allow Federal employees to better use technology at work. To win the future, we must harness the power of our Nation’s richest resource—our people. Americans with disabilities, like all Americans, are entitled to not only full participation in our society, but also full opportunity in our society. Their talents and contributions are vital to the strength of our Nation’s workforce and our future prosperity. Together, we can ensure

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persons living with disabilities have equal access to employment, and to inclusive, supportive workplaces. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2011 as National Disability Employment Awareness Month. I urge all Americans to embrace the talents and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people. IN WITNESS WHEREOF, I have hereunto set my hand this third day of October, in the year of our Lord two thousand eleven, and of the Independ- ence of the United States of America the two hundred and thirty-sixth.

[FR Doc. 2011–26146 Filed 10–6–11; 8:45 am] Billing code 3295–F2–P

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Proclamation 8727 of October 3, 2011

National Domestic Violence Awareness Month, 2011

By the President of the United States of America

A Proclamation During Domestic Violence Awareness Month, we recognize the significant achievements we have made in reducing domestic violence in America, and we recommit ourselves to the important work still before us. Despite tremendous progress, an average of three women in America die as a result of domestic violence each day. One in four women and one in thirteen men will experience domestic violence in their lifetime. These statistics are even more sobering when we consider that domestic violence often goes unreported. The ramifications of domestic violence are staggering. Young women are among the most vulnerable, suffering the highest rates of intimate partner violence. Exposure to domestic violence puts our young men and women in danger of long-term physical, psychological, and emotional harm. Children who experience domestic violence are at a higher risk for failure in school, emotional disorders, and substance abuse, and are more likely to perpetuate the cycle of violence themselves later in life. My Administration is working not only to curb domestic violence, but to bring it to an end. Last year, we announced an unprecedented coordinated strategy across Federal agencies to prevent and stop violence against women. We are empowering survivors to break the cycle of abuse with programs to help them become financially independent. We have prevented victims of domestic violence from being evicted or denied assisted housing after abuse. And we are promoting tools for better enforcement of protective orders, while helping survivors gain access to legal representation. In addition, as part of the Affordable Care Act, the Department of Health and Human Services announced historic new guidelines that will ensure women receive preventive health services without additional cost, including domestic violence screening and counseling. The Affordable Care Act also ensures that insurance companies can no longer classify domestic violence as a pre-existing condition. Last December, I reauthorized the Child Abuse Prevention and Treatment Act, giving communities life-saving tools to help identify and treat child abuse or neglect. It also supports shelters, service programs, and the National Domestic Violence Hotline, linking tens of thousands of victims every month to the resources needed to reach safety. I encourage victims, their loved ones, and concerned citizens to use this hotline for more information at 1–800–799-SAFE or visit www.TheHotline.org. This is not just a job for government; it is a job for all of us. Vice President Joe Biden’s ‘‘1is2many’’ initiative reminds us that everyone has a part to play in ending violence against youth. By engaging men and women, mothers and fathers, and schools and universities in the fight, we can teach our children about healthy relationships. We are asking everyone to play an active role in preventing and ending domestic violence, by stepping up to stop violence when they see it. During National Domestic Violence Aware- ness Month, we recommit to making sure that no one suffers alone, and to assisting those who need help in reaching a safer tomorrow.

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NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2011 as National Domestic Violence Awareness Month. I call on all Americans to speak out against domestic violence and support local efforts to assist victims of these crimes in finding the help and healing they need. IN WITNESS WHEREOF, I have hereunto set my hand this third day of October, in the year of our Lord two thousand eleven, and of the Independ- ence of the United States of America the two hundred and thirty-sixth.

[FR Doc. 2011–26147 Filed 10–6–11; 8:45 am] Billing code 3295–F2–P

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Proclamation 8728 of October 3, 2011

National Substance Abuse Prevention Month, 2011

By the President of the United States of America

A Proclamation By providing strong support systems for our loved ones, and by talking with our children about the dangers of alcohol and other drugs, we can increase their chances of living long, healthy, and productive lives. During National Substance Abuse Prevention Month, we celebrate those dedicated to prevention efforts, and we renew our commitment to the well-being of all Americans. The damage done by drugs is felt far beyond the millions of Americans with diagnosable substance abuse or dependence problems—countless families and communities also live with the pain and heartbreak it causes. Relationships are destroyed, crime and violence blight communities, and dreams are shattered. Substance abuse touches every sector of our society, straining our health care and criminal justice systems. For all these reasons, my Administration has made prevention a central component of our National Drug Control Strategy, and we have developed the first-ever National Prevention Strategy. These strategies, inspired by the thousands of drug-free coalitions across our country, recognize the power of community-based prevention organizations, and suggest that prevention activities are most effective when informed by science, driven by State and local partnerships, and tuned to the specific needs of a community. By investing in evidence-based prevention, we can also decrease emergency room visits and lower rates of chronic disease, easing the burden on Amer- ica’s health care system. We can improve student achievement and workforce readiness. Most importantly, we must continue to support the efforts of parents and guardians, our children’s first teachers and role models, whose positive influence is the most effective deterrent to alcohol and other drug use and the strongest influence for making health choices. Through national collaboration, community programs, and the help of engaged youth, parents, guardians, educators, law enforcement officers, clergy, and others, we can build a stronger, healthier America. This month and throughout the year, let us teach our Nation’s young people to tackle life’s challenges with resilience, hope, and determination. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2011 as National Substance Abuse Prevention Month. I call upon all Americans to engage in appropriate programs and activities to promote comprehensive substance abuse prevention efforts within their communities.

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[FR Doc. 2011–26148 Filed 10–6–11; 8:45 am] Billing code 3295–F2–P

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Proclamation 8729 of October 3, 2011

Child Health Day, 2011

By the President of the United States of America

A Proclamation

One of the greatest responsibilities we have as a Nation is to ensure the health and well-being of our children. Today, we rededicate ourselves to providing our children with the quality health care, healthy food, clean environments, and safe schools and communities they deserve. We have taken important steps that speak to who we are as a Nation that cares for its families and children. Young adults are the least likely to have health insurance, but now, thanks to the Affordable Care Act, young adults can stay on their parents’ insurance plan until they turn 26. As a result, approximately one million more have insurance coverage than 1 year ago. In addition, it is now illegal for health insurance companies to limit or deny coverage to children based on pre-existing conditions. Getting children off to a healthy start at home and at school is vital to their success. This year, through the First Lady’s Let’s Move! Initiative, Americans have shown their overwhelming commitment to children’s health—over 1,250 schools met our HealthierUS School Challenge, thousands of child care providers are adopting healthier practices, and 1.7 million Americans achieved the Presidential Active Lifestyle Award. I also signed the Healthy, Hunger-Free Kids Act, making significant improvements to our school lunches, and we released a redesigned food pyramid—MyPlate— to encourage better eating. Making sure kids grow up in safe environments is just as important to ensuring their well-being. In March, we hosted the White House Conference on Bullying Prevention because no child should feel unsafe or be afraid to be who they are at school or in their community. To keep children safe from hazards, we have taken great strides to provide for cleaner air and drinking water, and to reduce children’s exposure to lead dust. To make school buildings safer, the American Jobs Act I have proposed would provide for investments that would put Americans back to work while making important repairs to schools, like removing asbestos and updating technology. On Child Health Day, we recognize the fundamental importance of caring for the health of our next generation, and we recommit to helping our children, their families, and our communities fulfill the dream of healthy, happy, and secure futures. The Congress, by a joint resolution approved May 18, 1928, as amended (36 U.S.C. 105), has called for the designation of the first Monday in October as Child Health Day and has requested the President to issue a proclamation in observance of this day. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim Monday, October 3, 2011, as Child Health Day. I call upon families, child health professionals, faith-based and community organizations, and all levels of government to help ensure that America’s children stay safe and healthy.

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[FR Doc. 2011–26149 Filed 10–6–11; 8:45 am] Billing code 3295–F2–P

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Rules and Regulations Federal Register Vol. 76, No. 195

Friday, October 7, 2011

This section of the FEDERAL REGISTER individual without the individual’s ‘‘Alcohol and Tobacco Tax and Trade contains regulatory documents having general consent, subject to certain exceptions. Bureau;’’ (2) changing the listed mailing applicability and legal effect, most of which The regulations pertaining to the address to that of TTB; and (3) updating are keyed to and codified in the Code of disclosure of records by the Department the Privacy Act-related procedures to Federal Regulations, which is published under of the Treasury and its components are allow individuals to make certain 50 titles pursuant to 44 U.S.C. 1510. contained in 31 CFR part 1. The requests to TTB by fax as well as by The Code of Federal Regulations is sold by regulations implementing the Privacy postal mail. the Superintendent of Documents. Prices of Act are contained in 31 CFR part 1, In accordance with Executive Order new books are listed in the first FEDERAL subpart C, and set forth the procedures 12866, it has been determined that this REGISTER issue of each week. by which individuals may request final rule is not a ‘‘significant regulatory notification of whether the Department action’’ and, therefore, does not require of the Treasury maintains or has a Regulatory Impact Analysis. In DEPARTMENT OF THE TREASURY disclosed a record pertaining to them or addition, the regulation will not have a may seek access to such records substantial direct effect on the States, on Office of the Secretary maintained in any nonexempt system of the relationship between the national records. Subpart C is accompanied by Government and the States, or on the 31 CFR Part 1 appendix E, which describes the distribution of power and procedures applicable to each responsibilities among the various RIN 3505–AC35 component of the Department of the levels of government. Therefore, it has Treasury. Individuals requesting records been determined that this final rule does Privacy Act: Implementation from a Treasury Department component not have federalism implications under AGENCY: Office of the Secretary, under the Privacy Act must comply Executive Order 13132. Treasury. with the procedures detailed in the Because no notice of proposed appropriate appendix. rulemaking is required, the provisions ACTION: Final rule. Prior to January 24, 2003, the Bureau of the Regulatory Flexibility Act (5 SUMMARY: In this final rule, the of Alcohol, Tobacco and Firearms was U.S.C. 601 et seq.) do not apply. Department of the Treasury makes a component of the Department of the These regulations are being published technical corrections to an appendix to Treasury. Effective January 24, 2003, the as a direct final rule because the its regulations regarding disclosure of Homeland Security Act of 2002 divided amendments do not impose any new records. These amendments update the that Bureau into two new entities—the requirements on any member of the name of the former Bureau of Alcohol, Alcohol and Tobacco Tax and Trade public and do not substantively alter the Tobacco and Firearms to the Alcohol Bureau (TTB) in the Department of the procedures relating to the way in which and Tobacco Tax and Trade Bureau, and Treasury, and the Bureau of Alcohol, the Department of the Treasury or TTB also update the contact information for Tobacco, Firearms and Explosives (ATF) currently handles Privacy Act the Alcohol and Tobacco Tax and Trade in the Department of Justice. TTB, the obligations. These amendments are the Bureau and the procedures by which Bureau that remained within the most efficient means for the Department individuals may request disclosure of Department of the Treasury, is of the Treasury to correct outdated information under the Privacy Act. responsible for administering chapters information concerning the means by These amendments do not change the 51 (relating to distilled spirits, wine, which an individual may request Department’s interpretation of any and beer) and 52 (relating to tobacco disclosures of information from TTB. regulation or the requirements of any products and cigarette papers and tubes) Accordingly, pursuant to 5 U.S.C. recordkeeping provision. of title 26 U.S.C., the Internal Revenue 553(b)(3)(B) and (d)(3), the Department DATES: Effective Date: October 7, 2011. Code of 1986, as amended (IRC). TTB of the Treasury finds good cause that also administers sections 4181 and 4182 prior notice and other public comment FOR FURTHER INFORMATION CONTACT: (relating to the excise tax on firearms procedures with respect to this rule are Karen Welch, Regulations and Rulings and ammunition) of the IRC and title 27 impracticable and unnecessary and Division, Alcohol and Tobacco Tax and of the U.S.C. (relating to alcohol). finds good cause for making this rule Trade Bureau, 1310 G Street, NW., Box As a result of the organizational effective upon the date of its publication 12, Washington, DC 20005; telephone change, information in appendix E to 31 in the Federal Register. 202–453–1039, ext. 046 or e-mail CFR part 1, subpart C needs to be [email protected]. updated to reflect TTB’s information List of Subjects in 31 CFR Part 1 SUPPLEMENTARY INFORMATION: The and procedures. TTB’s procedures Privacy. Privacy Act of 1974, 5 U.S.C. 552a, regarding requests for disclosures under Part 1, subpart C of title 31 of the pertains to the disclosure of information the Privacy Act should be set forth in Code of Federal Regulations, is about individuals that is maintained by appendix E to subpart C of 31 CFR part amended as follows: Federal government agencies. It requires 1. Federal government agencies to make Therefore, the Department of the PART 1—[AMENDED] available records pertaining to an Treasury issues this document to amend individual upon the request of that the information contained in this ■ 1. The authority citation for part 1 individual, and forbids Federal appendix by: (1) Changing the name of continues to read as follows: government agencies from disclosing the relevant agency from the ‘‘Bureau of Authority: 5 U.S.C. 301 and 31 U.S.C. 321. records containing information about an Alcohol, Tobacco and Firearms’’ to the Subpart A also issued under 5 U.S.C. 552, as

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amended. Subpart C also issued under 5 knowingly or willfully seeking or obtaining 7. Administrative appeal of initial U.S.C. 552a, as amended. access to records about another person under determination refusing to amend record. ■ 2. Appendix E to Subpart C of part 1 false pretenses is a misdemeanor and Appellate determinations under 31 CFR punishable by a fine of up to $5,000 1.27(e) with respect to records of the Alcohol is revised to read as follows: provided, that the Alcohol and Tobacco Tax and Tobacco Tax and Trade Bureau, Appendix E to Subpart C of Part 1— and Trade Bureau may require a signed including extensions of time on appeal, will Alcohol and Tobacco Tax and Trade notarized statement verifying the identity of be made by the Administrator or the delegate the requester. Bureau of such officer. Appeals should be addressed (b) Individuals making requests in person to, or delivered in person to: 1. In general. This appendix applies to the will be required to exhibit at least two Privacy Act Amendment Appeal, Alcohol and Tobacco Tax and Trade Bureau. acceptable identifying documents such as Administrator, Alcohol and Tobacco Tax and It sets forth specific notification and access employee identification cards, driver’s Trade Bureau, 1310 G Street, NW., Box 12, procedures with respect to particular systems license, medical cards, or other documents Washington, DC 20005. of records, identifies the officers designated sufficient to verify the identity of the 8. Statements of disagreement. ‘‘Statements to make the initial determinations with requester. of Disagreement’’ as described in 31 CFR respect to notification and access to records (c) The parent or guardian of a minor or a 1.27(e)(4) shall be filed with the official and accountings of disclosures of records. person judicially determined to be signing the notification within 35 days of the This appendix also sets forth the specific incompetent, shall in addition to establishing date of such notification and should be procedures for requesting amendment of the identity of the minor or other person he limited to one page. records and identifies the officers designated represents as required in (a) and (b), establish 9. Service of process. Service of process to make the initial and appellate his own parentage or guardianship by will be received by the Administrator of the determinations with respect to requests for furnishing a copy of a birth certificate Alcohol and Tobacco Tax and Trade Bureau amendment of records. It identifies the showing parentage (or other satisfactory or the delegate of such official and shall be officers designated to grant extensions of documentation) or a court order establishing delivered to the following location: time on appeal, the officers with whom the guardianship. Administrator, Alcohol and Tobacco Tax ‘‘Statements of Disagreement’’ may be filed, 5. Request for physical inspection of and Trade Bureau, 1310 G Street, NW., Box the officer designated to receive service of records. Upon determining that a request for 12, Washington, DC 20005, Attention: Chief process and the addresses for delivery of the physical inspection of records is to be Counsel. requests, appeals, and service of process. In granted, the requester shall be notified in 10. Annual notice of systems of records. addition, it references the notice of systems writing of the determination, and when and The annual notice of systems of records is of records and notices of the routine uses of where the records may be inspected. The published by the Office of the Federal the information in the system required by 5 inspection of records will be made at the Register, as specified in 5 U.S.C. 552a(f). The U.S.C. 552a(3), (4) and (11) and published Alcohol and Tobacco Tax and Trade Bureau publication is entitled ‘‘Privacy Act annually by the Office of the Federal Register Field Office or other facility located nearest Issuances’’. Any specific requirements for in ‘‘Privacy Act Issuances’’. to the residence of the individual making the access, including identification requirements, 2. Requests for notification and access to request. Such inspection shall be conducted in addition to the requirements set forth in records and accountings of disclosures. during the regular business hours of the field 31 CFR 1.26 and 1.27 are indicated in the Initial determination under 31 CFR 1.26, office or other facility where the disclosure notice for each pertinent system. whether to grant requests for notification and is made. A person of the requester’s own access to records and accountings of choosing may accompany the requester Signed: September 12, 2011. disclosures for the Alcohol and Tobacco Tax provided the requester furnishes a written Veronica Marco, and Trade Bureau, will be made by the statement authorizing the disclosure of the Acting Deputy Assistant Secretary for Privacy, Director, Regulations and Rulings Division, requester’s record in the accompanying Transparency, and Records. or the delegate of such officer. Requests may person’s presence. The record inspection will [FR Doc. 2011–25922 Filed 10–6–11; 8:45 am] be mailed or delivered in person to: be made in the presence of a representative Privacy Act Request, Director, Regulations of the Bureau. Following the inspection of BILLING CODE 4830–01–P and Rulings Division, Alcohol and Tobacco the record, the individual will acknowledge Tax and Trade Bureau, 1310 G Street, NW., in writing the fact that he or she had an Box 12, Washington, DC 20005. Requests opportunity to inspect the requested record. DEPARTMENT OF HOMELAND may also be faxed to 202–453–2331. 6. Requests for copies of records without SECURITY 3. Requests for amendment of record. prior physical inspection. Upon determining Initial determinations under 31 CFR 1.27 (a) that an individual’s request for copies of his Coast Guard through (d) with respect to requests to amend or her records without prior physical records maintained by the Alcohol and inspection is to be granted, the requester 33 CFR Part 100 Tobacco Tax and Trade Bureau will be made shall be notified in writing of the by the Director, Regulations and Rulings determination, and the location and time for [Docket No. USCG–2011–0830] Division. Requests for amendment of records his or her receipt of the requested copies. The may be mailed or delivered in person to: copies will be made available at the Alcohol RIN 1625–AA08 Privacy Act Request, Director, Regulations and Tobacco Tax and Trade Bureau field and Rulings Division, Alcohol and Tobacco office or other facility located nearest to the Special Local Regulations; Line of Sail Tax and Trade Bureau, 1310 G Street NW., residence of the individual making the Marine Parade, East River and Box 12, Washington, DC 20005. Requests request, unless the individual requests that Brunswick River, Brunswick, GA may also be faxed to 202–453–2331. The the documents be sent by mail. Copies shall Bureau will process a faxed request when the be received by the requester during the AGENCY: Coast Guard, DHS. request meets the identity verification regular business hours of the field office or ACTION: Temporary final rule. requirements outlined in paragraph 4(a) of other facility where the disclosure is made. this Appendix. Transfer of the copies to the individual shall SUMMARY: The Coast Guard is 4. Verification of identity. (a) In addition to be conditioned upon payment of copying establishing special local regulations on the requirements specified in 31 CFR 1.26(d) costs and his presentation of at least two the waters of the East River and the of this appendix, each request for acceptable identifying documents such as Brunswick River in Brunswick, Georgia notification, access or amendment of records employee identification cards, driver’s made by mail or fax shall contain the license, medical cards, or other documents during the Line of Sail Marine Parade requesting individual’s date and place of sufficient to verify the identity of the on Saturday, October 8, 2011. The birth and a statement signed by the requester requester. Following the receipt of the copies marine parade will consist of asserting his or her identity and stipulating in person, the individual will acknowledge approximately 10 to 20 vessels. The that the requester understands that receipt in writing. marine parade will begin at Brunswick

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Landing Marina. From Brunswick notice of proposed rulemaking (NPRM) in, or remain within any of the buffer Landing Marina, the marine parade will with respect to this rule. The Coast zones may contact the Captain of the transit southeast on the East River, head Guard did not receive notice of the Line Port Savannah by telephone at 912– east on the Brunswick River, and then of Sail Marine Parade with sufficient 652–4353, or a designated turn around at St. Simons Pier. The time to publish an NPRM or to receive representative via VHF radio on channel marine parade will then return to public comments prior to the event. Any 16, to request authorization. If Brunswick Landing Marina by the same delay in the effective date of this rule authorization to enter, transit through, route. These special local regulations would be contrary to the public interest anchor in, or remain within any of the are necessary to provide for the safety of because spectators and spectator vessels buffer zones is granted by the Captain of life on navigable waters during the are anticipating the event taking place the Port Savannah or a designated marine parade. The special local on the scheduled time. The special local representative, all persons and vessels regulations consist of a series of moving regulations are needed to minimize risk receiving such authorization must buffer zones around participant vessels to and provide separation between comply with the instructions of the as they transit from Brunswick Landing marine parade participants, participant Captain of the Port Savannah or a Marina to St. Simons Pier and back. vessels, spectators, and the public. designated representative. Persons and vessels that are not For the same reason discussed above, Regulatory Analyses participating in the marine parade are under 5 U.S.C. 553(d)(3) the Coast prohibited from entering, transiting Guard finds that good cause exists for We developed this rule after through, anchoring in, or remaining making this rule effective less than 30 considering numerous statutes and within any of the buffer zones unless days after publication in the Federal executive orders related to rulemaking. authorized by the Captain of the Port Register. Below we summarize our analyses based on 13 of these statutes or Savannah or a designated Basis and Purpose representative. executive orders. The legal basis for the rule is the DATES: This rule is effective from 11 Coast Guard’s authority to establish Executive Order 12866 and Executive a.m. until 3 p.m. on October 8, 2011. special local regulations: 33 U.S.C. Order 13563 ADDRESSES: Documents indicated in this 1233. This rule is not a significant preamble as being available in the The purpose of the rule is to insure regulatory action under section 3(f) of docket are part of docket USCG–2011– safety of life on the navigable waters Executive Order 12866, Regulatory 0830 and are available online by going during the Line of Sail Marine Parade. Planning and Review, as supplemented to http://www.regulations.gov, inserting by Executive Order 13563, and does not Discussion of Rule USCG–2011–0830 in the ‘‘Keyword’’ require an assessment of potential costs box, and then clicking ‘‘Search.’’ They On October 8, 2011, the Line of Sail and benefits under section 6(a)(3) of that are also available for inspection or Marine Parade will be held on the East Order. The Office of Management and copying at the Docket Management River and the Brunswick River in Budget has not reviewed it under that Facility (M–30), U.S. Department of Brunswick, Georgia. The marine parade Order. Transportation, West Building Ground will consist of approximately 10 to 20 The economic impact of this rule is Floor, Room W12–140, 1200 New Jersey vessels. The marine parade will begin at not significant for the following reasons: Avenue, SE., Washington, DC 20590, Brunswick Landing Marina, transit (1) The special local regulations will be between 9 a.m. and 5 p.m., Monday southeast on the East River, head east on enforced for only four hours; (2) through Friday, except Federal holidays. the Brunswick River, and then turn although persons and vessel will not be FOR FURTHER INFORMATION CONTACT: If around at St. Simons Pier. The marine able to enter, transit through, anchor in, you have questions on this temporary parade will then return to Brunswick or remain within any of the buffer zones final rule, call or e-mail Marine Science Landing Marina by the same route. without authorization from the Captain Technician Third Class Rolando Nodal, The special local regulations consist of the Port Savannah or a designated Marine Safety Unit Savannah, Coast of a series of buffer zones around vessels representative, they may operate in the Guard; telephone 912–652–4353, e-mail participating in the Line of Sail Marine surrounding area during the [email protected]. If you Parade. These buffer zones are as enforcement period; (3) persons and have questions on viewing the docket, follows: (1) All waters within 500 yards vessels may still enter, transit through, call Renee V. Wright, Program Manager, of the lead marine parade vessel; (2) all anchor in, or remain within the buffer Docket Operations, telephone 202–366– waters within 100 yards of the last zones if authorized by the Captain of the 9826. marine parade vessel; and (3) all waters Port Savannah or a designated SUPPLEMENTARY INFORMATION: within 50 yards of all marine parade representative; and (4) the Coast Guard vessels. Notice of the special local will provide advance notification of the Regulatory Information regulations, including the identities of special local regulations to the local The Coast Guard is issuing this the lead marine parade vessel and the maritime community by Local Notice to temporary final rule without prior last marine parade vessel, will be Mariners and Broadcast Notice to notice and opportunity to comment provided prior to the event by Local Mariners. pursuant to authority under section 4(a) Notice to Mariners and Broadcast Notice of the Administrative Procedure Act to Mariners. These special local Small Entities (APA) (5 U.S.C. 553(b)). This provision regulations will be enforced from 11 Under the Regulatory Flexibility Act authorizes an agency to issue a rule a.m. until 3 p.m. on October 8, 2011. (5 U.S.C. 601–612), we have considered without prior notice and opportunity to Persons and vessels are prohibited from whether this rule would have a comment when the agency for good entering, transiting through, anchoring, significant economic impact on a cause finds that those procedures are or remaining within the buffer zones substantial number of small entities. ‘‘impracticable, unnecessary, or contrary unless authorized by the Captain of the The term ‘‘small entities’’ comprises to the public interest.’’ Under 5 U.S.C. Port Savannah or a designated small businesses, not-for-profit 553(b)(B), the Coast Guard finds that representative. Persons and vessels organizations that are independently good cause exists for not publishing a desiring to enter, transit through, anchor owned and operated and are not

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dominant in their fields, and Unfunded Mandates Reform Act require a Statement of Energy Effects governmental jurisdictions with The Unfunded Mandates Reform Act under Executive Order 13211. populations of less than 50,000. of 1995 (2 U.S.C. 1531–1538) requires Technical Standards The Coast Guard certifies under 5 Federal agencies to assess the effects of U.S.C. 605(b) that this rule will not have their discretionary regulatory actions. In The National Technology Transfer a significant economic impact on a particular, the Act addresses actions and Advancement Act (NTTAA) (15 substantial number of small entities. that may result in the expenditure by a U.S.C. 272 note) directs agencies to use This rule may affect the following State, local, or tribal government, in the voluntary consensus standards in their entities, some of which may be small aggregate, or by the private sector of regulatory activities unless the agency entities: the owners or operators of $100,000,000 or more in any one year. provides Congress, through the Office of vessels intending to enter, transit Though this rule will not result in such Management and Budget, with an explanation of why using these through, anchor in, or remain within an expenditure, we do discuss the standards would be inconsistent with that portion of the East River and the effects of this rule elsewhere in this applicable law or otherwise impractical. Brunswick River encompassed within preamble. Voluntary consensus standards are the special local regulations from 11 Taking of Private Property technical standards (e.g., specifications a.m. until 3 p.m. on October 8, 2011. For This rule will not effect a taking of of materials, performance, design, or the reasons discussed in the Executive private property or otherwise have operation; test methods; sampling Order 12866 and Executive Order 13563 taking implications under Executive procedures; and related management section above, this rule will not have a Order 12630, Governmental Actions and systems practices) that are developed or significant economic impact on a Interference with Constitutionally adopted by voluntary consensus substantial number of small entities. Protected Property Rights. standards bodies. Assistance for Small Entities Civil Justice Reform This rule does not use technical standards. Therefore, we did not Under section 213(a) of the Small This rule meets applicable standards consider the use of voluntary consensus Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive standards. Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to we offer to assist small entities in minimize litigation, eliminate Environment ambiguity, and reduce burden. understanding the rule so that they can We have analyzed this rule under better evaluate its effects on them and Protection of Children Department of Homeland Security participate in the rulemaking process. We have analyzed this rule under Management Directive 023–01 and Small businesses may send comments Executive Order 13045, Protection of Commandant Instruction M16475.lD, on the actions of Federal employees Children from Environmental Health which guide the Coast Guard in who enforce, or otherwise determine Risks and Safety Risks. This rule is not complying with the National compliance with, Federal regulations to an economically significant rule and Environmental Policy Act of 1969 the Small Business and Agriculture does not create an environmental risk to (NEPA) (42 U.S.C. 4321–4370f), and Regulatory Enforcement Ombudsman health or risk to safety that may have concluded this action is one of a and the Regional Small Business disproportionately affect children. category of actions that do not Regulatory Fairness Boards. The individually or cumulatively have a Ombudsman evaluates these actions Indian Tribal Governments significant effect on the human annually and rates each agency’s This rule does not have tribal environment. This rule is categorically responsiveness to small business. If you implications under Executive Order excluded, under figure 2–1, paragraph wish to comment on actions by 13175, Consultation and Coordination (34)(h), of the Instruction. This rule employees of the Coast Guard, call 1– with Indian Tribal Governments, involves special local regulations issued 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial in conjunction with a marine parade. Coast Guard will not retaliate against direct effect on one or more Indian Under figure 2–1, paragraph (34)(h), of small entities that question or complain tribes, on the relationship between the the Instruction, an environmental about this rule or any policy or action Federal Government and Indian tribes, analysis checklist and a categorical of the Coast Guard. or on the distribution of power and exclusion determination are not responsibilities between the Federal required for this rule. Collection of Information Government and Indian tribes. List of Subjects in 33 CFR Part 100 This rule calls for no new collection Energy Effects of information under the Paperwork Marine safety, Navigation (water), We have analyzed this rule under Reporting and recordkeeping Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions 3520). requirements, Waterways. Concerning Regulations That For the reasons discussed in the Federalism Significantly Affect Energy Supply, preamble, the Coast Guard amends 33 Distribution, or Use. We have CFR part 100 as follows: A rule has implications for federalism determined that it is not a ‘‘significant under Executive Order 13132, energy action’’ under that order because PART 100—SAFETY OF LIFE ON Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ NAVIGABLE WATERS effect on State or local governments and under Executive Order 12866 and is not would either preempt State law or likely to have a significant adverse effect ■ 1. The authority citation for part 100 impose a substantial direct cost of on the supply, distribution, or use of continues to read as follows: compliance on them. We have analyzed energy. The Administrator of the Office Authority: 33 U.S.C. 1233. this rule under that Order and have of Information and Regulatory Affairs determined that it does not have has not designated it as a significant ■ 2. Add a temporary § 100.T07–0830 to implications for federalism. energy action. Therefore, it does not read as follows:

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§ 100.T07–0830 Special Local Regulations; Dated: September 15, 2011. 305–535–8724, e-mail Line of Sail Marine Parade, East River and J.B. Loring, [email protected]. If you Brunswick River, Brunswick, GA. Commander, U.S. Coast Guard, Captain of have questions on viewing the docket, (a) Regulated Area. (1) The following the Port Savannah. call Renee V. Wright, Program Manager, buffer zones are regulated areas during [FR Doc. 2011–26115 Filed 10–5–11; 11:15 am] Docket Operations, telephone 202–366– the Line of Sail Marine Parade: BILLING CODE 9110–04–P 9826. (i) All waters within 500 yards of the SUPPLEMENTARY INFORMATION: lead marine parade vessel; DEPARTMENT OF HOMELAND Regulatory Information (ii) All waters within 100 yards of the SECURITY On July 22, 2011, we published a last marine parade vessel; and notice of proposed rulemaking (NPRM) (iii) All waters within 50 yards of all Coast Guard entitled Safety Zone; Rotary Club of Fort marine parade vessels. Lauderdale New River Raft Race, New (2) The identities of the lead marine 33 CFR Part 165 River, Fort Lauderdale, FL in the parade vessel and the last marine parade [Docket No. USCG–2011–0589] Federal Register (76 FR 24840). We vessel will be provided prior to the received one comment on the proposed RIN 1625–AA00 marine parade by Local Notice to rule which promoted the establishment Mariners and Broadcast Notice to Safety Zone; Rotary Club of Fort of this regulation. No public meeting Mariners. The marine parade will begin Lauderdale New River Raft Race, New was requested, and none was held. at Brunswick Landing Marina. From River, Fort Lauderdale, FL Basis and Purpose Brunswick Landing Marina, the marine parade will transit southeast on the East AGENCY: Coast Guard, DHS. The legal basis for the rule is the River, head east on the Brunswick River, ACTION: Temporary final rule. Coast Guard’s authority to establish and then turn around at St. Simons Pier. regulated navigation areas and limited SUMMARY: The marine parade will then return to The Coast Guard is access areas: 33 U.S.C. 1231; 46 U.S.C. Brunswick Landing Marina by the same establishing a temporary safety zone on chapter 701, 3306, 3703; 50 U.S.C. 191, route. the waters of the New River, from 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, Esplanade Park to the Henry Kinney 160.5; Public Law 107–295, 116 Stat. (b) Definition. The term ‘‘designated Tunnel, in Fort Lauderdale, Florida 2064; Department of Homeland Security representative’’ means Coast Guard during the Rotary Club of Fort Delegation No. 0170.1. Patrol Commanders, including Coast Lauderdale New River Raft Race. The The purpose of this rule is to protect Guard coxswains, petty officers, and race is scheduled to take place on race participants, participant vessels, other officers operating Coast Guard Saturday, November 19, 2011. The spectators, and the general public vessels, and Federal, state, and local temporary safety zone is necessary for during the Rotary Club of Fort officers designated by or assisting the the safety of race participants, Lauderdale New River Raft Race. Captain of the Port Savannah in the participant vessels, spectators, and the Discussion of Comments and Changes enforcement of the regulated areas. general public during the 550 yard raft (c) Regulations. (1) All persons and race. Persons and vessels would be There was one supportive comment in vessels are prohibited from entering, prohibited from entering, transiting regards to the NPRM. No changes have transiting through, anchoring in, or through, anchoring in, or remaining been made to the regulatory text of this remaining within the regulated areas within the safety zone unless authorized rule. unless authorized by the Captain of the by the Captain of the Port Miami or a Discussion of Rule Port Savannah or a designated designated representative. On November 19, 2011, the Rotary representative. DATES: This rule is effective from 11:59 Club of Fort Lauderdale New River Raft (2) Persons and vessels desiring to a.m. until 2:30 p.m. on November 19, Race will be held on the New River in enter, transit through, anchor in, or 2011. Fort Lauderdale, Florida. This event remain within the regulated areas may ADDRESSES: Comments and material consists of a 550 yard raft race on the contact the Captain of the Port received from the public, as well as New River starting at Esplanade Park Savannah by telephone at 912–652– documents mentioned in this preamble and finishing at the Henry Kinney 4353, or a designated representative via as being available in the docket, are part Tunnel. Approximately 100 participants VHF radio on channel 16, to request of docket USCG–2011–0589 and are are scheduled to compete in the race. authorization. If authorization to enter, available online by going to http:// The temporary safety zone transit through, anchor in, or remain www.regulations.gov, inserting USCG– encompasses the race area of the Rotary within the regulated areas is granted by 2011–0589 in the ‘‘Keyword’’ box, and Club of Fort Lauderdale New River Raft the Captain of the Port Savannah or a then clicking ‘‘Search.’’ This material is Race on the New River, in Fort designated representative, all persons also available for inspection or copying Lauderdale, Florida. The temporary and vessels receiving such authorization at the Docket Management Facility (M– safety zone is effective from 11:59 a.m. must comply with the instructions of 30), U.S. Department of Transportation, until 2:30 p.m. on November 19, 2011. the Captain of the Port Savannah or a West Building Ground Floor, Room Persons and vessels are prohibited from designated representative. W12–140, 1200 New Jersey Avenue, SE., entering, transiting through, anchoring (3) The Coast Guard will provide Washington, DC 20590, between 9 a.m. in, or remaining within the safety zone notice of the regulated areas by Local and 5 p.m., Monday through Friday, unless authorized by the Captain of the Notice to Mariners, Broadcast Notice to except Federal holidays. Port Miami or a designated Mariners, and on-scene designated FOR FURTHER INFORMATION CONTACT: If representative. Persons and vessels may representatives. you have questions on this temporary request authorization to enter, transit (c) Effective date. This rule is effective rule, call or e-mail Lieutenant Jennifer through, anchor in, or remain within the from 11 a.m. until 3 p.m. on October 8, S. Makowski, Sector Miami Prevention safety zone by contacting the Captain of 2011. Department, Coast Guard; telephone the Port Miami via telephone at 305–

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535–4472, or a designated operated and are not dominant in their Unfunded Mandates Reform Act representative via VHF radio on channel fields, and governmental jurisdictions The Unfunded Mandates Reform Act 16. The Coast Guard will provide notice with populations of less than 50,000. of 1995 (2 U.S.C. 1531–1538) requires of the safety zone by Local Notice to The Coast Guard certifies under 5 Federal agencies to assess the effects of Mariners, Broadcast Notice to Mariners, U.S.C. 605(b) that this rule will not have their discretionary regulatory actions. In and on-scene designated a significant economic impact on a particular, the Act addresses actions representatives. substantial number of small entities. that may result in the expenditure by a Regulatory Analyses This rule may affect the following State, local, or Tribal government, in the aggregate, or by the private sector of We developed this rule after entities, some of which may be small $100,000,000 or more in any one year. considering numerous statutes and entities: the owners or operators of Though this rule will not result in such executive orders related to rulemaking. vessels intending to enter, transit an expenditure, we do discuss the Below we summarize our analyses through, anchor in, or remain within effects of this rule elsewhere in this based on 13 of these statutes or that portion of the New River preamble. executive orders. encompassed within the safety zone from 11:59 a.m. until 2:30 p.m. on Taking of Private Property Regulatory Planning and Review November 19, 2011. For the reasons This rule will not cause a taking of Executive Orders 12866 (‘‘Regulatory discussed in the Regulatory Planning private property or otherwise have Planning and Review’’) and 13563 and Review section above, this rule will taking implications under Executive (‘‘Improving Regulation and Regulatory not have a significant economic impact Order 12630, Governmental Actions and Review’’) direct agencies to assess the on a substantial number of small Interference with Constitutionally costs and benefits of available regulatory entities. Protected Property Rights. alternatives and, if regulation is Assistance for Small Entities necessary, to select regulatory Civil Justice Reform approaches that maximize net benefits Under section 213(a) of the Small This rule meets applicable standards (including potential economic, Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive environmental, public health and safety Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to effects, distributive impacts, and in the NPRM we offered to assist small minimize litigation, eliminate equity). Executive Order 13563 entities in understanding the rule so ambiguity, and reduce burden. emphasizes the importance of that they could better evaluate its effects quantifying both costs and benefits, of on them and participate in the Protection of Children reducing costs, of harmonizing rules, rulemaking process. We have analyzed this rule under and of promoting flexibility. This rule is Small businesses may send comments Executive Order 13045, Protection of not a significant regulatory action under on the actions of Federal employees Children from Environmental Health section 3(f) of Executive Order 12866. who enforce, or otherwise determine Risks and Safety Risks. This rule is not Accordingly, this rule has not been compliance with, Federal regulations to an economically significant rule and reviewed by the Office of Management the Small Business and Agriculture does not create an environmental risk to and Budget. Regulatory Enforcement Ombudsman health or risk to safety that may The economic impact of this rule is and the Regional Small Business disproportionately affect children. not significant for the following reasons: Regulatory Fairness Boards. The Indian Tribal Governments (1) The safety zone will be enforced for Ombudsman evaluates these actions less than three hours; (2) although annually and rates each agency’s This rule does not have Tribal persons and vessels will not be able to responsiveness to small business. If you implications under Executive Order enter, transit through, anchor in, or wish to comment on actions by 13175, Consultation and Coordination remain within the safety zone without employees of the Coast Guard, call 1– with Indian Tribal Governments, authorization from the Captain of the 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial Port Miami or a designated Coast Guard will not retaliate against direct effect on one or more Indian representative, they may operate in the small entities that question or complain Tribes, on the relationship between the surrounding area during the about this rule or any policy or action Federal Government and Indian Tribes, enforcement period; (3) persons and of the Coast Guard. or on the distribution of power and vessels may still enter, transit through, responsibilities between the Federal anchor in, or remain within the safety Collection of Information Government and Indian Tribes. zone if authorized by the Captain of the Energy Effects Port or a designated representative; and This rule calls for no new collection (4) the Coast Guard will provide of information under the Paperwork We have analyzed this rule under advance notification of the safety zone Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions to the local maritime community by 3520). Concerning Regulations That Local Notice to Mariners and Broadcast Federalism Significantly Affect Energy Supply, Notice to Mariners. Distribution, or Use. We have A rule has implications for federalism determined that it is not a ‘‘significant Small Entities under Executive Order 13132, energy action’’ under that order because Under the Regulatory Flexibility Act Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ (5 U.S.C. 601–612), we have considered effect on State or local governments and under Executive Order 12866 and is not whether this rule will have a significant would either preempt State law or likely to have a significant adverse effect economic impact on a substantial impose a substantial direct cost of on the supply, distribution, or use of number of small entities. The term compliance on them. We have analyzed energy. The Administrator of the Office ‘‘small entities’’ comprises small this rule under that Order and have of Information and Regulatory Affairs businesses, not-for-profit organizations determined that it does not have has not designated it as a significant that are independently owned and implications for federalism. energy action. Therefore, it does not

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require a Statement of Energy Effects Authority: 33 U.S.C. 1231; 46 U.S.C. Dated: September 25, 2011. under Executive Order 13211. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; C.P. Scraba, 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. Technical Standards Captain, U.S. Coast Guard, Captain of the 107–295, 116 Stat. 2064; Department of Port Miami. The National Technology Transfer Homeland Security Delegation No. 0170.1. [FR Doc. 2011–25974 Filed 10–6–11; 8:45 am] and Advancement Act (NTTAA) (15 ■ 2. Add a temporary § 165.T07–0589 to BILLING CODE 9110–04–P U.S.C. 272 note) directs agencies to use read as follows: voluntary consensus standards in their regulatory activities unless the agency § 165.T07–0589 Safety Zone; Rotary Club ENVIRONMENTAL PROTECTION provides Congress, through the Office of of Fort Lauderdale New River Raft Race, AGENCY Management and Budget, with an New River, Fort Lauderdale, FL. explanation of why using these 40 CFR Part 271 standards would be inconsistent with (a) Regulated Area. The following [FRL–9476–2] applicable law or otherwise impractical. regulated area is a safety zone. All Voluntary consensus standards are waters of the New River contained within an imaginary line connecting the California: Final Authorization of State technical standards (e.g., specifications Hazardous Waste Management of materials, performance, design, or following points: starting at Point 1 in ° ′ ″ ° ′ ″ Program Revision operation; test methods; sampling position 26 07 10 N, 80 08 52 W; procedures; and related management thence southeast to Point 2 in position AGENCY: Environmental Protection ° ′ ″ ° ′ ″ systems practices) that are developed or 26 07 05 N, 80 08 34 W; thence Agency (EPA). adopted by voluntary consensus southwest to Point 3 in position ACTION: Final determination. standards bodies. 26°07′04″ N, 80°08′35″ W thence This rule does not use technical northwest to Point 4 in position SUMMARY: California has applied for ° ′ ″ ° ′ ″ standards. Therefore, we did not 26 07 08 N, 80 08 52 W; thence north final authorization of certain revisions consider the use of voluntary consensus back to origin. All coordinates are North to its hazardous waste program under standards. American Datum 1983. the Resource Conservation and (b) Definition. The term ‘‘designated Recovery Act (RCRA). The Environment Environmental Protection Agency (EPA) representative’’ means Coast Guard has reviewed California’s application We have analyzed this rule under Patrol Commanders, including Coast and has reached a final determination Department of Homeland Security Guard coxswains, petty officers, and that the revisions to California’s Management Directive 023–01 and other officers operating Coast Guard hazardous waste program satisfy all of Commandant Instruction M16475.lD, vessels, and Federal, state, and local the requirements necessary to qualify which guide the Coast Guard in officers designated by or assisting the complying with the National for final authorization. Thus, with Captain of the Port Miami in the respect to these revisions, EPA is Environmental Policy Act of 1969 enforcement of the regulated area. (NEPA) (42 U.S.C. 4321–4370f), and granting final authorization to the State (c) Regulations. (1) All persons and have concluded this action is one of a to operate its program subject to the category of actions that do not vessels are prohibited from entering, limitations on its authority retained by individually or cumulatively have a transiting through, anchoring in, or EPA in accordance with the Hazardous significant effect on the human remaining within the regulated area and Solid Waste Amendments of 1984. environment. This rule is categorically unless authorized by the Captain of the DATES: Effective Date: Final excluded, under figure 2–1, paragraph Port Miami or a designated authorization for the revisions to 34(g), of the Instruction. This rule representative. California’s hazardous waste involves establishing a temporary safety (2) Persons and vessels desiring to management program shall be effective zone, as described in paragraph 34(g) of enter, transit through, anchor in, or at 1 p.m. on October 7, 2011. the Instruction, on the waters of the remain within the regulated area may FOR FURTHER INFORMATION CONTACT: Zac New River in Fort Lauderdale, Florida contact the Captain of the Port Miami Appleton, WST–3, U.S. EPA Region 9, that will be in effect for less than three via telephone at 305–535–4472, or a 75 Hawthorne Street, San Francisco hours. An environmental analysis designated representative via VHF radio 94105–3901, (415) 972–3321. checklist and a categorical exclusion on channel 16, to seek authorization. If SUPPLEMENTARY INFORMATION: determination are available in the authorization to enter, transit through, A. Why are revisions to state programs docket where indicated under anchor in, or remain within the necessary? ADDRESSES. regulated area is granted by the Captain States which have received final List of Subjects in 33 CFR Part 165 of the Port Miami or a designated representative, all persons and vessels authorization from EPA under RCRA Harbors, Marine safety, Navigation receiving such authorization must Section 3006(b), 42 U.S.C. 6926(b), must (water), Reporting and recordkeeping comply with the instructions of the maintain a hazardous waste program requirements, Security measures, Captain of the Port Miami or a that is equivalent to, consistent with, Waterways. designated representative. and no less stringent than the Federal For the reasons discussed in the program. As the Federal program (3) The Coast Guard will provide changes, states must change their preamble, the Coast Guard amends 33 notice of the regulated area via Local CFR part 165 as follows: programs and ask EPA to authorize the Notice to Mariners, Broadcast Notice to changes. Changes to state programs may PART 165—REGULATED NAVIGATION Mariners, and by on-scene designated be necessary when Federal or state AREAS AND LIMITED ACCESS AREAS representatives. statutory or regulatory authority is (d) Effective Date. This rule is modified or when certain other changes ■ 1. The authority citation for part 165 effective from 11:59 a.m. until 2:30 p.m. occur. Most commonly, states must continues to read as follows: on November 19, 2011. change their programs because of

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changes to EPA’s regulations in 40 Code D. What is the effect of today’s action? summary, California did not necessarily of Federal Regulations (CFR) parts 124, A facility in California subject to make revisions to its program as a result 260 through 266, 268, 270, 273 and 279. RCRA must comply with the authorized of each Federal revision noted. For California initially received final State requirements in lieu of the example, certain revisions to the Federal authorization on July 23, 1992, effective corresponding Federal requirements in program may have resulted in less August 1, 1992 (57 FR 32726), to order to comply with RCRA. stringent regulation than that which implement the RCRA hazardous waste Additionally, such persons must previously existed. Since states may maintain programs which are more management program. EPA granted comply with any applicable Federally- stringent than the Federal program, authorization for changes to California’s issued requirements, such as, for states have the option whether or not to program on September 26, 2001, example, HSWA regulations issued by adopt such revisions. effective September 26, 2001 (66 FR EPA for which the State has not 49118). EPA made the tentative received authorization, and RCRA 1. Changes California Identified as determination to approve subsequent requirements that are not supplanted by Relating to Corrective Action changes to California’s program when it authorized state-issued requirements. Management Units invited public comment in a Federal California continues to have We are granting California final Register Notice on September 30, 2010 enforcement responsibilities under its (75 FR 60398). authorization for revisions to its State law to pursue violations of its program due to certain changes to the B. What were the comments and hazardous waste management program. Federal Corrective Action Management responses to EPA’s proposal? EPA continues to have independent Unit program. authority under RCRA Sections 3007, On September 30, 2010, EPA 3008, 3013, and 7003, which include, 2. Changes California Identified as published a tentative determination among others, the authority to: Relating to Land Disposal Restrictions announcing its intent to grant California • Do inspections, and require Phases 3 and 4 final authorization for the revisions to monitoring, tests, analyses or reports, We are granting California final its base program. Further background on • Enforce RCRA requirements authorization for revisions to its the tentative decision to grant (including State-issued statutes and program due to certain changes to the authorization appears at Vol. 75, No. regulations that are authorized by EPA Federal program in the following areas: 189, September 30, 2010 at pages and any applicable Federally-issued (1) Land Disposal Restrictions Phase 60398–60403. statutes and regulations) and suspend or III—Decharacterized Wastewaters; (2) Along with the tentative revoke permits, and Emergency Extension of the K088 determination, EPA announced the • Take enforcement actions regardless Capacity Variance; (3) Land Disposal availability of the application for public of whether the State has taken its own Restrictions Phase IV—Treatment comment. EPA received no comments. actions. Standards for Wood Preserving Wastes, C. What decisions have we made in this This action approving the subject Paperwork Reduction and Streamlining, rule? revisions does not impose additional Exemptions From RCRA for Certain requirements on the regulated Processed Materials; (4) Emergency EPA has made the final determination community because the regulations for Revision of the Carbamate Land that California’s application for which California is being authorized are Disposal Restrictions; (5) Clarification of authorization of the subject revisions already effective under State law and Standards for Hazardous Waste LDR meets all of the statutory and regulatory are not changed by the act of Treatment Variances; (6) Treatment requirements established by RCRA. authorization. Standards for Metal Wastes and Mineral Therefore, with respect to the revisions, EPA cannot delegate the Federal Processing Wastes; (7) Hazardous Soils we are granting California final requirements at 40 CFR part 262, Treatment Standards and Exclusions; (8) authorization to operate its hazardous subparts E and H. Although California Administrative Stay for Zinc waste program as described in the has adopted these requirements Micronutrient Fertilizers; (9) Emergency revisions authorization application. verbatim from the Federal regulations in Revision of the Land Disposal California will continue to have Title 22 of the California Code of Restrictions (LDR) Treatment Standards responsibility for permitting Treatment, Regulations, Sections 66260–66262, for Listed Hazardous Wastes from Storage, and Disposal Facilities (TSDFs) EPA will continue to implement those Carbamate Production; (10) Extension of within its borders and for carrying out requirements. Compliance Date for Characteristic the aspects of the RCRA program Slags; (11) Treatment Standards for described in its revised program E. What rules are we authorizing with Spent Potliners from Primary application, subject to the limitations of today’s action? Aluminum Reduction (K088); (12) the Hazardous and Solid Waste On August 2, 2004 and August 17, Chlorinated Aliphatics Listing and LDRs Amendments of 1984 (HSWA). New 2004 California submitted final for Newly Identified Wastes; (13) Federal requirements and prohibitions complete program revision applications, Deferral for PCBs in Soil; and (14) imposed by Federal regulations that seeking authorization of changes in Certain Land Disposal Restrictions EPA promulgates under the authority of accordance with 40 CFR 271.21. Technical Corrections and HSWA take effect in authorized states California applied for only the Federal Clarifications. Note that California has before such states are authorized for the changes relating to the corrective action not yet adopted the provisions requirements. Thus, for revisions to the management units, the Bevill exclusion addressed by the following Federal final Federal program for which California and the land disposal restrictions. rules which are also part of Phase IV of has not yet sought authorization, EPA What follows is a summary, for each the land disposal restrictions will continue to implement those category identified by California in its requirements: LDR Revision Checklist HSWA requirements and prohibitions in submittals, of the specific subjects of 195 (66 FR 58258, November 20, 2001, California, including issuing permits, changes to the Federal program for that as amended by 67 FR 17119, April 9, until the State is granted authorization category. Although the changes to the 2002); non-LDR Revision Checklist 200 to do so. Federal program are identified in the (67 FR 28393, July 24, 2002); and LDR

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Revision Checklist 201 (67 FR 62618, the Federal land disposal treatment permits which EPA issued prior to the October 7, 2002). provisions at 40 CFR 268.7(a)–(c) to the effective date of this authorization until extent that the State’s provisions also such time as California has issued a 3. Changes California Identified as apply to non-RCRA wastes. Similarly, corresponding State permit. EPA will Relating to the Bevill Exclusion California’s variance petition provisions not issue any more new permits or new We are granting California final at 22 CCR 66268.44(c) and 66268.44(h) portions of permits for provisions for authorization for all revisions to its are also broader in scope to the extent which California is authorized after the program due to certain changes to the that they apply to non-RCRA wastes. effective date of this authorization. EPA Federal program in the Bevill Exclusion will retain responsibility to issue requirements. G. What is EPA’s position on California’s regulation of conditionally permits for HSWA requirements for EPA published a table in its notice of which California is not yet authorized. its tentative decision to authorize the exempt small quantity generators? foregoing revisions to California’s When California initially received I. How does today’s action affect Indian hazardous waste management program, final authorization for the base RCRA country (18 U.S.C. 1151) in California? which shows the Federal and analogous program on July 23, 1992, effective California is not authorized to carry State provisions involved in this August 1, 1992 (57 FR 32726), EPA out its hazardous waste program in decision and the relevant corresponding Pacific Southwest Region (Region IX) Indian country within the State. Indian checklists (75 FR 60398, 60400–6040, identified California’s failure to adopt country includes all lands within the September 30, 2010). the federal exclusion for conditionally exterior boundaries of an Indian exempt small quantity generators reservation, any land held in trust by F. Where are the State rules different (CESQGs) (found, generally, at 40 CFR from the Federal rules? the United States for an Indian tribe 261.5) as ‘‘broader in scope’’ than the whether or not formally designated as State requirements that go beyond the federal program. (See also 40 CFR an Indian reservation, and any other scope of the Federal program are not 270.1(c)(2)(iii).) However, EPA’s land, whether within or outside of an part of the authorized program and EPA position regarding the absence of the Indian reservation, that qualifies as cannot enforce them. Although persons conditional exclusion for CESQGs in a Indian country under 18 U.S.C. 1151. A must comply with these requirements in state program has changed and EPA list of Indian Tribes in California can be accordance with California law, they are now clearly regards the absence of any found on the Web at http://www.bia.gov, not RCRA requirements. EPA considers such exclusion as more stringent than under the section ‘‘Region Selector.’’ that the following State requirements, the federal program, making state Therefore, this action has no effect on which pertain to the revisions involved regulation of CESQGs federally the Indian country within the States’ in this decision, go beyond the scope of enforceable when authorized. See borders. EPA will continue to the Federal program. United States v. Southern Union Co., implement and administer the RCRA The following analysis differs in some 643 F. Supp. 2d 201 (D.R.I. 2009). In program in Indian country within the ways from the areas which California order to harmonize our authorization of State. identified as being broader in scope California’s program with EPA’s than the Federal program in its position with respect to CESQGs, EPA is J. What is codification and is EPA application. hereby redesignating California’s codifying California’s hazardous waste 1. The definition of ‘‘remediation regulation of CESQGs as more stringent program as authorized in this rule? waste’’ at 22 C.C.R. § 66260.10 is broader than the federal program. Therefore, the Codification is the process of placing in scope than the Federal definition at State’s regulation of such federally the State’s statutes and regulations that 40 CFR 260.10 only to the extent exempt CESQGs will be part of the comprise the State’s authorized California’s definition includes authorized state program and will be hazardous waste program into the Code hazardous substances which are neither federally enforceable within the State of of Federal Regulations. EPA does this by ‘‘hazardous wastes’’ nor ’’’solid wastes.’’ California. Specifically, this change will referencing the authorized State rules in 2. California regulation subjects allow federal enforcement of State 40 CFR part 272. EPA is reserving the CAMUs for non-RCRA hazardous waste requirements applicable to CESQGs who amendment of 40 CFR part 272, subpart to state-specific requirements under 22 are conditionally exempt under the F for codification of California’s CCR 66264.552.5. The state requirement federal provisions found at 40 CFR program at a later date. at 22 CCR 66264.552.5 is broader in 261.5, 266.100(b)(3) and 270.1(c)(2)(iii). scope because the federal program does This change will not result in any new K. Statutory and Executive Order not consider these wastes to be requirements on CESQGs, but will only Reviews hazardous. In addition, 22 CCR mean that the more stringent State 1. Executive Order 12866: Regulatory 66264.550(a) is also considered broader requirements for CESQGs will be Planning and Review and Executive in scope to the extent that it subjects federally enforceable. Order 13563: Improving Regulation and non-RCRA wastes to the state-only H. Who handles permits after this Regulatory Review 13563 CAMU requirements. 3. California did not adopt the Federal authorization takes effect? This action approves the subject definitions at 40 CFR 261.1(c)(9)–(12), California will issue permits for all revisions and does not impose 261.4(a)(13)–(14), and 261.6(a)(3)(ii) the provisions for which it is authorized additional requirements on the addressing scrap metals or the related and will administer the permits it regulated community because the Federal changes to 40 CFR 261.2(c)(4)/ issues. All permits issued by EPA prior regulations for which California is being Table. California’s program is broader in to California being authorized for these authorized are already effective under scope to the extent that the statutory revisions will continue in force until the State law and are not changed by the act provisions at HS&C § 25143.2(a) and (e), effective date of the State’s issuance or of authorization. This type of action is do not exclude these scrap metals from denial of a State RCRA permit, or the exempt from review under Executive regulation. permit otherwise expires or is revoked. Orders 12866 (58 FR 51735, October 4, 4. The California provisions at 22 CCR California will administer any RCRA 1993) and 13563 (76 FR 3821, January 66268.7(a)–(c) are broader in scope than hazardous waste permits or portions of 21, 2011).

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2. Paperwork Reduction Act 9. National Technology Transfer DEPARTMENT OF HEALTH AND This rule does not impose an Advancement Act HUMAN SERVICES information collection burden under the EPA approves State programs as long 42 CFR Part 110 Paperwork Reduction Act. as they meet criteria required by RCRA, RIN 0906–AA83 3. Regulatory Flexibility Act so it would be inconsistent with applicable law for EPA, in its review of After considering the economic a State program, to require the use of Countermeasures Injury impacts of this rule on small entities any particular voluntary consensus Compensation Program (CICP): under the Regulatory Flexibility Act, I standard in place of another standard Administrative Implementation, Final certify that this rule will not have a that meets the requirements of RCRA. Rule significant economic impact on a Thus, Section 12(d) of the National AGENCY: substantial number of small entities. Health Resources and Services Technology Transfer and Advance Act Administration (HRSA), HHS. 4. Unfunded Mandates Reform Act does not apply to this rule. ACTION: Final rule; technical Because this rule approves preexisting 10. Executive Order 12898: Federal amendments. requirements under state law and does Actions To Address Environmental SUMMARY: not impose any additional enforceable Justice in Minority Populations and Low This document adopts the duty beyond that required by state law, Income Populations Countermeasures Injury Compensation it does not contain any unfunded Program Administrative Implementation mandate or significantly or uniquely Because this rule addresses Interim Final Rule as the final rule with affect small governments, as described authorizing pre-existing State rules and technical amendments. The Public in the Unfunded Mandates Reform Act. imposes no additional requirements Readiness and Emergency Preparedness beyond those imposed by State law and Act (PREP Act) authorizes the Secretary 5. Executive Order 13132: Federalism there are no anticipated significant of Health and Human Services (the Executive Order 13132 does not apply adverse human health or environmental Secretary) to establish the to this rule because it will not have effects, the rule is not subject to Countermeasures Injury Compensation federalism implications (i.e., substantial Executive Order 12898. Program (CICP or Program). The direct effects on the State, on the 11. Executive Order 12988 Department of Health and Human relationship between the national Services (HHS) is issuing this final rule government and the States, or on the As required by section 3 of Executive to adopt the administrative policies, distribution of power and Order 12988 (61 FR 4729, February 7, procedures, and requirements for the responsibilities among the various 1996), in issuing this rule, EPA has CICP set out in the interim final rule, levels of government) as described in taken the necessary steps to eliminate which was published and effective on Executive Order 13132. drafting errors and ambiguity, minimize October 15, 2010. This Program is potential litigation, and provide a clear designed to provide benefits to certain 6. Executive Order 13175: Consultation legal standard for affected conduct. persons who sustain serious physical and Coordination With Indian Tribal injuries or death as a direct result of Governments 12. Executive Order 12630: Evaluation of Risk and Avoidance of Unanticipated administration or use of covered Executive Order 13175 does not apply Takings countermeasures identified by the to this rule because it will not have Secretary in declarations issued under tribal implications (i.e., substantial EPA has complied with Executive the PREP Act. In addition, the Secretary direct effects on one or more Indian Order 12630 (53 FR 8859, March 15, may provide death benefits to certain tribes, on the relationship between the 1988) by examining the takings survivors of individuals who died as the Federal Government and Indian tribes, implications of the rule in accordance direct result of such covered injuries or or on the distribution of power and with the Attorney General’s their health complications. The responsibilities between the Federal Supplemental Guidelines for the Secretary makes only minor technical Government and Indian tribes). As Evaluation of Risk and Avoidance of amendments to the interim final rule, stated previously, this action would Unanticipated Takings issued under the described below, and otherwise adopts have no effect on the Indian country Executive Order. the regulation as published on October within the State’s borders and EPA will List of Subjects in 40 CFR Part 271 15, 2010. continue to implement and administer DATES: This rule is effective October 7, the RCRA program in Indian country Environmental protection, 2011. Administrative practice and procedure, within the State. FOR FURTHER INFORMATION CONTACT: Dr. Confidential business information, 7. Executive Order 13045: Protection of Vito Caserta, Director, Countermeasures Hazardous materials transportation, Injury Compensation Program, Children From Environmental Health & Hazardous waste, Indian lands, Safety Risks Healthcare Systems Bureau, Health Intergovernmental relations, Penalties, Resources and Services Administration, This rule is not subject to Executive Reporting and recordkeeping Order 13045 because it is not Parklawn Building, Room 11C–06, 5600 requirements. Fishers Lane, Rockville, MD 20857. economically significant and it is not Authority: This notice is issued under the based on health or safety risks. Phone calls can be directed to (855) authority of Sections 2002(a), 3006 and 266–CICP (2427). This is a toll-free 8. Executive Order 13211: Actions That 7004(b) of the Solid Waste Disposal Act as number. Significantly Affect Energy Supply, amended 42 U.S.C. 6912(a), 6926, 6974(b). SUPPLEMENTARY INFORMATION: Distribution, or Use Dated: September 8, 2011. This rule is not subject to Executive Jared Blumenfeld, Background Order 13211 because it is not a Regional Administrator, Region 9. This regulation adopts the interim significant regulatory action as defined [FR Doc. 2011–25899 Filed 10–6–11; 8:45 am] final rule that administratively in Executive Order 12866. BILLING CODE 6560–50–P established the compensation program

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authorized by the Public Readiness and respiratory support devices; and (8) the final rule. On October 21, 2010, the Emergency Preparedness Act (the PREP influenza antiviral drug peramivir when Secretary published minor corrections Act), which added new authorities used to treat pandemic H1N1 2009 to the interim final rule in the Federal under sections 319F–3 and 319F–4 of influenza (which will be referred to Register (75 FR 64955). the Public Health Service Act, as hereafter as 2009 H1N1). Several of As authorized under the PREP Act, amended (PHS Act) (42 U.S.C. 247d–6d, these declarations have been amended, the Secretary is herein adopting, as the 247d–6e). The PREP Act, which was some on multiple occasions. final rule, the interim final rule that was In addition to establishing the PREP enacted as part of the Department of effective on October 15, 2010 with Defense, Emergency Supplemental Act’s liability protections for covered minor technical amendments. Appropriations to Address Hurricanes persons, the PREP Act authorized the Specifically, this final rule makes three in the Gulf of Mexico, and Pandemic Secretary to establish a program to amendments to the interim final rule to Influenza Act of 2006 (Pub. L. 109–148) provide compensation to eligible correct typographical errors and one on December 30, 2005, confers broad individuals for certain covered injuries liability protections to covered persons sustained as the direct result of the amendment for purposes of and authorizes compensation to eligible administration or use of a covered clarification. First, the final rule amends individuals who sustain serious countermeasure identified in a PREP section 110.3(f)(1) (included in the physical injuries or death as the direct Act declaration. The Secretary delegated definition of a covered countermeasure) result of the administration or use of a the authority to operate the by replacing the reference to covered countermeasure for a disease, compensation program described in ‘‘§ 110.3(aa)’’ with ‘‘§ 110.3(bb).’’ Second, condition, or threat that the Secretary of section 319F–4 of the PHS Act (42 the final rule amends section 110.3(g) Health and Human Services (the U.S.C. 247d–6e) to the Administrator of (which includes the definition of a Secretary) determines either constitutes the Health Resources and Services covered injury) by replacing the a current public health emergency or Administration (HRSA) on November 8, reference to ‘‘§ 110.20(b)’’ (concerning may in the future constitute such an 2006. Pursuant to this delegation of covered injuries generally) with emergency. This determination is authority, HRSA established and ‘‘§ 110.3(z)’’ (the definition of a serious identified in a declaration issued by the administers the CICP. injury). Both of these amendments are Secretary under the PREP Act. Under the CICP, certain persons may technical in nature and correct Both the liability protections and the be eligible for benefits for covered typographical errors. Third, the final compensation authorized under the injuries sustained as a direct result of rule amends section 110.42(f) PREP Act are invoked by declarations the administration or use of covered (concerning deadlines for filing Request issued by the Secretary (hereinafter countermeasures. The PREP Act Forms based on the initial publication PREP Act declarations or declarations) stipulates that the CICP must follow, of a Table of Injuries or on (section 319F–3(b) of the PHS Act (42 with very limited exceptions, the modifications to an existing Table) by U.S.C. 247d–6d(b)). Through the Smallpox Vaccine Injury Compensation moving ‘‘within one year after the issuance of such PREP Act declarations, Program (SVICP) for eligibility and effective date of the establishment of, or the Secretary makes a determination compensation determinations (section amendment to, the Table’’ from the end that a disease, condition, or other threat 319F–4(b)(4) of the PHS Act (42 U.S.C. of the sentence and inserting it at the to health constitutes a public health 247d–6e(b)(4)). In addition, the beginning of the sentence, immediately emergency, or that there is a credible elements of compensation are almost following ‘‘In such circumstances,.’’ This risk that the disease, condition, or threat identical to those available under the amendment also is technical in nature, may in the future constitute such an SVICP (section 319F–4(b)(2) of the PHS and clarifies that, within one year of the emergency. Act (42 U.S.C. 247d–6e(b)(2)). The effective date of the publication of a The Secretary publishes all PREP Act SVICP was established under the new Table or of an amendment to an declarations, and amendments to such Smallpox Emergency Personnel existing Table, requesters who were declarations, in the Federal Register. In Protection Act of 2003 (SEPPA) and its previously denied eligibility for benefits addition, they are posted on the implementing regulations are available must file a new Request Form, and Department’s Web site at http:// at 42 CFR part 102. Specifically, the requesters who did not previously file a www.phe.gov/Preparedness/legal/ PREP Act provides that (with limited Request Form must do so. prepact/Pages/default.aspx and on the exceptions) the CICP is to follow the The Secretary is aware that the Countermeasures Injury Compensation SEPPA, the SVICP regulations preamble to the interim final rule Program’s (hereinafter ‘‘CICP’’ or implementing the SEPPA, and such contained several errors in the cross- ‘‘Program’’) Web site at http:// additional or alternate regulations as the references to certain paragraphs and www.hrsa.gov/countermeasurescomp/. Secretary may promulgate for purposes subparagraphs, similar to the first two As of September 2011, the Secretary had of this section (section 319F–4(b)(4) of published declarations with respect to the PHS Act (42 U.S.C. 247d–6e(b)(4)). amendments to the regulatory text the following countermeasures: (1) The Secretary is issuing this final rule described above. However, these errors Pandemic influenza vaccines under that authority. were entirely typographical in nature (including, but not limited to the On October 15, 2010, the Secretary and had no substantive implications, so influenza A H1N1 2009 monovalent published an interim final rule they are not addressed here. vaccine which will be referred to establishing the procedures and Additionally, the Secretary notes that, hereafter as the 2009 H1N1 vaccine); (2) requirements governing the CICP. as permitted by the Privacy Act, the anthrax countermeasures; (3) botulism Although the interim final rule was individuals administering the National countermeasures; (4) the influenza effective on the date of publication, the Vaccine Injury Compensation Program antiviral drugs Tamiflu® and Relenza® Secretary sought public comments and (VICP) and the CICP for the Department when used for pandemic purposes; (5) indicated that she might amend the may share records that are filed with smallpox countermeasures; (6) acute procedures and requirements described either of the programs. For instance, the radiation syndrome countermeasures; in the interim final rule based on the VICP and CICP may want to share (7) pandemic influenza diagnostics, comments received. No public medical records of an individual who personal respiratory devices, and comments were received on the interim applied to both programs.

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Justification for Waiver of Delayed consider approaches to maintain the 1999. In fact, this final rule may have a Effective Date freedom of choice and flexibility, positive impact on the disposable The Secretary has found that a delay including disclosure of relevant income and poverty elements of family in the effective date of this final rule is information to the public. Regulations well-being to the extent that injured unnecessary because the amendments must be guided by objective scientific persons, their families or survivors made to the previous interim final rule evidence, easy to understand, receive, or are helped by, medical, lost are merely corrections of typographical consistent, and written in plain employment income, and/or death errors and one clarification. Through the language. Furthermore, Federal agencies benefits paid under this part without enactment of the PREP Act, the must attempt to coordinate, simplify, imposing a corresponding burden on and harmonize regulations to reduce Secretary was authorized to establish them. costs and promote certainty for the and administer the Program. Congress Impact of the New Rule: In this final public. The interim final rule published authorized the Secretary to issue rule, the Secretary adopts the on October 15, 2010 satisfied these regulations implementing the PREP Act administrative procedures and requirements. as the Secretary deems reasonable and requirements applicable to requesters The Secretary has determined that filing for benefits under the Program, as necessary. In accordance with that minimal resources are required to statutory authority, the Secretary established in the interim final rule. implement the provisions included in This final rule will have the effect of established the procedures and this regulation. Therefore, in accordance requirements to govern the Program, enabling certain eligible individuals with the Regulatory Flexibility Act who sustained covered injuries as the and published them as an interim final (RFA) of 1980, and the Small Business rule with a 60-day comment period. The direct result of receiving a covered Regulatory Enforcement Fairness Act of countermeasure under the Secretary’s Department received no public 1996, which amended the RFA, the comments in response to the declaration, to receive benefits under Secretary certifies that this final rule the Program. In the event that an publication of the interim final rule on will not have a significant impact on a October 15, 2010 and with three minor otherwise eligible injured substantial number of small entities. countermeasure recipient has died, his exceptions, the text of the interim final The Secretary has also determined rule is being adopted without change in or her estate and/or survivors may be that this final rule does not meet the entitled to certain benefits. this final rule. A delay in the effective criteria for a major rule as defined by Paperwork Reduction Act of 1995: date of this final rule, which adopts the Executive Order 12866 and would have The information collection requirements interim final rule with only minor no major effect on the economy or remain unchanged. technical changes is unnecessary and Federal expenditures. The Secretary has contrary to the public interest. It is determined that this final rule is not a List of Subjects in 42 CFR Part 110 important for individuals requesting ‘‘major rule’’ within the meaning of the Benefits, Biologics, Compensation, Program benefits to know that the statute providing for Congressional Immunization, Public health, Pandemic, procedures and requirements set out in Review of Agency Rulemaking, 5 U.S.C. Countermeasures, Pandemic influenza, the interim final rule remain 801, and that this final rule also 2009 H1N1 vaccine, Influenza unchanged. comports with the 2011 supplemental antivirals, Tamiflu®, Relenza®, Economic and Regulatory Impact requirements of Executive Order 13563. Unfunded Mandates Reform Act of Peramivir, Pandemic influenza Executive Order 12866 requires that 1995: The Secretary has determined that diagnostics, Personal respiratory all regulations reflect consideration of this final rule will not have effects on devices, N–95 filtering facepiece alternatives, of costs, of benefits, of State, local, and tribal governments and respirators, Respiratory support devices, incentives, of equity and of available on the private sector such as to require Ventilators, Anthrax, Smallpox, information. Regulations must meet consultation under the Unfunded Botulism, Acute radiation syndrome. certain standards, such as avoiding an Mandates Reform Act of 1995. Dated: September 27, 2011. unnecessary burden. Regulations that Federalism Impact Statement: The Mary Wakefield, are ‘‘significant’’ because of cost, adverse Secretary has also reviewed this rule in Administrator, Health Resources and Services effects on the economy, inconsistency accordance with Executive Order 13132 Administration. with other agency actions, effects on the regarding federalism, and has Approved: September 27, 2011. budget, or novel legal or policy issues, determined that it does not have Kathleen Sebelius, require special analysis. ‘‘federalism implications.’’ The rule does Secretary. In 2011, the President issued not ‘‘have substantial direct effects on Executive Order 13563, which the states, or on the relationship For the reasons stated in the supplements and reaffirms Executive between the national government and preamble, the Secretary adopts the Order 12866. Executive Order 13563 the states, or on the distribution of interim final rule adding 42 CFR part provides that, to the extent feasible and power and responsibilities among the 110, published at 75 FR 63656 on permitted by law, the public shall be various levels of government.’’ Friday, October 15, 2010, as a final rule provided with a meaningful opportunity Impact on Family Well-Being: This with the following amendments: to comment through the Internet on any final rule will not adversely affect the proposed regulations, with at least a 60- following elements of family well-being. PART 110—COUNTERMEASURES day comment period. In addition, to the Family safety, family stability, marital INJURY COMPENSATION PROGRAM extent feasible and permitted by law, commitment; parental rights in the ■ 1. The authority section for part 110 agencies must provide timely on-line education, nurture and supervision of continues to read as follows: access to both proposed and final rules their children; family functioning, of the rulemaking docket on disposable income or poverty; or the Authority: 42 U.S.C. 247d–6e. regulations.gov, including relevant behavior and personal responsibility of ■ 2. Amend § 110.3 by revising scientific and technical findings, in an youth, as determined under section paragraphs (f) introductory text, (f)(1) open format that can be searched and 654(c) of the Treasury and General and (g) introductory text to read as downloaded. Federal agencies must Government Appropriations Act of follows:

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§ 110.3 Definitions. ACTION: Final rule. Regulatory Flexibility Act * * * * * This Fourth Report and Order does (f) Covered Countermeasure means SUMMARY: In this document, the not promulgate any ‘‘rule’’ as that term the term that is defined in section 319F– Commission considered a request for is defined in the Regulatory Flexibility 3(i)(1) of the PHS Act and described in declaratory ruling filed by the City of Act, 5 U.S.C. 601(2) et. seq., so the a declaration issued under section Charlotte, North Carolina, seeking Commission is not required to prepare 319F–3(b) of the PHS Act (42 U.S.C. guidance on the scope of permissible a Final Regulatory Flexibility Analysis 247d–6d(i)(I), (b)). To be a covered operations under section 337 of the at this stage of this proceeding. countermeasure for purposes of this Communications Act as undertaken by part, the countermeasure must have state, local and other governmental Paperwork Reduction Act Analysis been administered or used pursuant to entities in the public safety broadband The Fourth Report and Order contains the terms of a declaration, or in a good spectrum of the 700 MHz band. The no new or modified information faith belief of such; and Commission dismissed the request, but collection requirements subject to the (1) Administered or used within a clarified that a reasonably broad Paperwork Reduction Act of 1995 State (as defined in § 110.3(bb)), or interpretation of the definition of (PRA), Public Law 104–13. The otherwise in the territory of the United ‘‘public safety services’’ under section Commission shall send a copy of the States; or 337 of the Act would allow some of the Fourth Report and Order in a report to * * * * * uses proposed by Charlotte and other be sent to Congress and the Government (g) Covered Injury means death, or a commenters. Accountability Office pursuant to the serious injury as described in § 110.3(z), Congressional Review Act, see 5 U.S.C. and determined by the Secretary in DATES: Effective October 7, 2011. 801(a)(1)(A). accordance with § 110.20 of this part to FOR FURTHER INFORMATION CONTACT: Federal Communications Commission. be: Jennifer Manner, Federal Marlene H. Dortch, * * * * * Communications Commission, Public Secretary. ■ 3. Amend § 110.42 by revising Safety and Homeland Security Bureau, [FR Doc. 2011–26023 Filed 10–6–11; 8:45 am] paragraph (f) to read as follows: 445 12th Street, SW., Room 7–C761, BILLING CODE 6712–01–P § 110.42 Deadlines for filing Request Washington, DC 20554. Telephone: Forms. (202)–418–3619, e-mail: * * * * * [email protected]. DEPARTMENT OF COMMERCE (f) Request Forms (or amendments to SUPPLEMENTARY INFORMATION: This is a Request Forms) based on initial National Oceanic and Atmospheric summary of the Commission’s Fourth Administration publication of a Table of Injuries or Report and Order, FCC 11–113, adopted modifications to an existing Table. The July 20, 2011, and released July 21, 50 CFR Part 622 Secretary may publish a new Table (or 2011. The Fourth Report and Order is Tables) by amendment(s) to subpart K of available at http://transition.fcc.gov/ [Docket No. 001005281–0369–02] this part. The effect of such a new Table _ _ Daily Releases/Daily Business/2011/ RIN 0648–XA753 or amendment may enable a requester db0721/FCC–11–113A1.pdf. who previously could not establish a Table injury to do so. In such Summary of Fourth Report and Order Fisheries of the Caribbean, Gulf of circumstances, within one year after the Mexico, and South Atlantic; Coastal effective date of the establishment of, or The Commission considered a request Migratory Pelagic Resources of the amendment to, the Table, the requester for declaratory ruling filed by the City Gulf of Mexico and South Atlantic; must file a new Request Form if one was of Charlotte, North Carolina (Charlotte), Closure requesting that the Commission clarify previously submitted and eligibility was AGENCY: National Marine Fisheries that ‘‘[t]erritories, possessions, states, denied or if one was not previously Service (NMFS), National Oceanic and counties, towns or similar State or local submitted. If the Secretary has not made Atmospheric Administration (NOAA), governmental entities that qualify as 700 a determination, she will automatically Commerce. review any pending Request Forms in MHz lessees/users have as their sole or ACTION: Temporary rule; closure. light of the new or amended Table(s). principal purpose the protection of the * * * * * safety of life, health and property and SUMMARY: NMFS closes the northern [FR Doc. 2011–25858 Filed 10–6–11; 8:45 am] are permitted to use 700 MHz Florida west coast subzone to the broadband spectrum for activities BILLING CODE 4165–15–P commercial harvest of king mackerel in conducted by their personnel including, or from the exclusive economic zone but not limited to, activities of police, (EEZ). This closure is necessary to fire and medical emergency first FEDERAL COMMUNICATIONS protect the Gulf king mackerel resource. responders.’’ The Commission COMMISSION DATES: This rule is effective 12:01 a.m., determined that the plain language of local time, October 7, 2011, until 12:01 section 337 of the Communications Act 47 CFR Chapter I a.m., local time, July 1, 2012, unless does not support this broad changed by further notice in the Federal [PS Docket No. 06–229; WT Docket 06–150; presumption, and it accordingly Register. WP Docket 07–100; FCC 11–113] dismissed Charlotte’s request. The FOR FURTHER INFORMATION CONTACT: Implementing a Nationwide, Commission clarified, however, that there is sufficient flexibility within Susan Gerhart, telephone: 727–824– Broadband, Interoperable Public 5305, or e-mail: Safety Network in the 700 MHz Band section 337 to encompass many of the state and local government uses of the [email protected]. AGENCY: Federal Communications spectrum contemplated by Charlotte SUPPLEMENTARY INFORMATION: The Commission. and by other commenters. fishery for coastal migratory pelagic fish

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(king mackerel, Spanish mackerel, cero, Gulf group king mackerel in the implement this commercial closure cobia, little tunny, dolphin, and, in the northern Florida west coast subzone constitutes good cause to waive the Gulf of Mexico (Gulf) only, bluefish) is will be reached by October 7, 2011. requirements to provide prior notice managed under the Fishery Accordingly, commercial fishing for and opportunity for public comment Management Plan for the Coastal Gulf group king mackerel in the pursuant to the authority set forth in 5 Migratory Pelagic Resources of the Gulf northern Florida west coast subzone is U.S.C. 553(b)(B), as such procedures of Mexico and South Atlantic (FMP). closed effective 12:01 a.m., local time, would be unnecessary and contrary to The FMP was prepared by the Gulf of October 7, 2011, until 12:01 a.m., local the public interest. Such procedures Mexico and South Atlantic Fishery time, July 1, 2012, the end of the current would be unnecessary because the rule Management Councils (Councils) and is fishing year. itself already has been subject to notice implemented under the authority of the During the closure period, no person and comment, and all that remains is to Magnuson-Stevens Fishery aboard a vessel for which a commercial notify the public of the closure. Conservation and Management Act permit for king mackerel has been Allowing prior notice and (Magnuson-Stevens Act) by regulations issued may fish for or retain Gulf group opportunity for public comment is at 50 CFR part 622. king mackerel in Federal waters of the contrary to the public interest because On April 27, 2000, NMFS closed subzone. There is one exception, of the need to immediately implement implemented the final rule (65 FR however, for a person aboard a charter this action to protect the fishery 16336, March 28, 2000) that divided the vessel or headboat. A person aboard a resource because the capacity of the vessel that has a valid charter/headboat Florida west coast subzone of the Gulf commercial fleet allows for rapid permit and also has a commercial king of Mexico eastern zone into northern harvest of the quota. Prior notice and mackerel permit for coastal migratory and southern subzones, and established opportunity for public comment would pelagic fish may continue to retain king their separate commercial quotas. The require time and potentially result in a mackerel in or from the closed subzone northern Florida west coast subzone is harvest well in excess of the established under the 2-fish daily bag limit, located in Federal waters of the Gulf quota. provided the vessel is operating as a north of 26°19.8′ N lat. (a line directly charter vessel or headboat. Charter For the aforementioned reasons, the west from the Lee/Collier County, FL vessels or headboats that hold a AA also finds good cause to waive the boundary) and east of 87°31.1′ W long. commercial king mackerel permit are 30-day delay in effectiveness of this (a line directly south from the Alabama/ considered to be operating as a charter action under 5 U.S.C. 553(d)(3). Florida boundary). The quota for the vessel or headboat when they carry a This action is taken under 50 CFR northern subzone is 168,750 lb (76,544 passenger who pays a fee or when more 622.43(a) and is exempt from review kg)(50 CFR 622.42(c)(1)(ii)). than three persons are aboard, including under Executive Order 12866. In accordance with 50 CFR 622.43(a), operator and crew. Authority: 16 U.S.C. 1801 et seq. NMFS is required to close any zone to the commercial harvest of king mackerel Classification Dated: October 4, 2011. when the zone’s quota has been This action responds to the best Steven Thur, reached, or is projected to be reached, available information recently obtained Acting Director, Office of Sustainable by filing a notification with the Office from the fishery. The Assistant Fisheries, National Marine Fisheries Service. of the Federal Register. NMFS has Administrator for Fisheries, NOAA, [FR Doc. 2011–26015 Filed 10–4–11; 4:15 pm] determined the commercial quota for (AA), finds the need to immediately BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 76, No. 195

Friday, October 7, 2011

This section of the FEDERAL REGISTER Point West Way, Sacramento, CA contact the Ammonium Nitrate Security contains notices to the public of the proposed 95815, Capitol Ballroom, Salon B/C. Program Manager at (703) 235–5263. issuance of rules and regulations. The Knoxville, Tennessee—Thursday, SUPPLEMENTARY INFORMATION: purpose of these notices is to give interested October 20, 2011, 10 a.m.–2 p.m., persons an opportunity to participate in the Knoxville Marriott, 500 E Hill Ave, Background rule making prior to the adoption of the final rules. Knoxville, TN 37915, Georgia/ Section 563 of the Fiscal Year 2008 Carolina Ballroom. Department of Homeland Security Overland Park, Kansas (near Kansas Appropriations Act amends the DEPARTMENT OF HOMELAND City, Missouri)—Tuesday, October 25, Homeland Security Act of 2002 and SECURITY 2011, 10 a.m.–2 p.m., Overland Park directs DHS to ‘‘regulate the sale and Marriott, 10800 Metcalf Ave, transfer of ammonium nitrate by an Office of the Secretary Overland Park, KS 66210. ammonium nitrate facility to prevent Oklahoma City, Oklahoma—Thursday, the misappropriation or use of 6 CFR Part 31 October 27, 2011, 10 a.m.–2 p.m., ammonium nitrate in an act of Sheraton Oklahoma City Hotel, 1 [Docket No. DHS–2008–0076] terrorism.’’ See Pub. L. 110–161, North Broadway Ave, Oklahoma City, Division E (2007). That statute also RIN 1601–AA52 OK 73102. directs DHS to consult with appropriate Savannah, Georgia—Tuesday, private sector entities, State Ammonium Nitrate Security Program November 1, 2011, 10 a.m.–2 p.m., governments, heads of other Federal AGENCY: National Protection and Hilton Savannah DeSoto, 15 East departments and agencies, and other Programs Directorate, DHS. Liberty Street, Savannah, Ga. 31401– appropriate stakeholders in developing 3979. ACTION: Notice of public meetings. and implementing ammonium nitrate Charleston, West Virginia—Thursday, regulations. See id., 6 U.S.C. 488a(b); SUMMARY: The National Protection and November 3, 2011, 10 a.m.–2 p.m., 488a(g); and 488a(i)(4)(B). The Programs Directorate of the Department Ramada Charleston Downtown, 600 Department published an advance of Homeland Security is announcing a Kanawha Blvd East, Charleston, WV notice of proposed rulemaking on series of public meetings to consult with 25303. October 29, 2008 seeking public the public on a notice of proposed Mobile, Alabama—Tuesday, November comment on a Secure Handling of rulemaking (NPRM), entitled 8, 2011, 10 a.m.–2 p.m., Mobile Ammonium Nitrate Program, which was ‘‘Ammonium Nitrate Security Program,’’ Marriott, 3101 Airport Blvd, Mobile followed by the notice of proposed which was published in the Federal AL 36606, Magnolia-Camellia rulemaking for the Ammonium Nitrate Register on August 3, 2011. Under the Ballroom. Security Program published for public proposed rule, the Department of Washington, District of Columbia— comment on August 3, 2011. See 73 FR Homeland Security would regulate the Thursday, November 10, 2011, 10 64280 (advance notice of proposed sale and transfer of ammonium nitrate a.m.–2 p.m., The Kellogg Conference rulemaking); 76 FR 46908 (notice of pursuant to section 563 of the Fiscal Hotel at Gallaudet University, 800 proposed rulemaking). Year 2008 Department of Homeland Florida Ave, NE., Washington, DC Security Appropriations Act with the 20002. Purpose purpose of preventing the use of Denver, Colorado—Tuesday, November The National Protection and Programs ammonium nitrate in an act of 15, 2011, 10 a.m.–2 p.m., Grand Hyatt Directorate of the Department of terrorism. The Department seeks public Denver, 1750 Welton Street, Denver, Homeland Security will hold public input on the proposed rule, particularly CO 80202. meetings to consult with the public and input regarding the questions and issues The Department of Homeland with other interested parties on the raised in the NPRM and raised in this Security may announce changes to the notice of proposed rulemaking (NPRM) notice of public meetings. current schedule or additional public for the Ammonium Nitrate Security Dates, Times, and Locations: Public meeting dates, times, and locations in a Program. The agenda for the public meetings are scheduled to be held on subsequent notice or notices to be meetings will consist of a presentation the following dates at the following published in the Federal Register. by the Department on the elements of locations. FOR FURTHER INFORMATION CONTACT: the NPRM, followed by comments from Jackson, Mississippi—Tuesday, October Ammonium Nitrate Security Program the attending public concerning the 11, 2011, 10 a.m.–2 p.m., Jackson Manager, U.S. Department of Homeland proposed rulemaking. Marriott, 200 East Amite Street, Security, National Protection and Public Meeting Procedures and Jackson, MS 39201, Windsor Ballroom Programs Directorate, Infrastructure Participation 1&2. Security Compliance Division (NPPD/ Lubbock, Texas—Thursday, October 13, ISCD), 245 Murray Lane, SW., Mail Stop For those members of the public that 2011, 10 a.m.–2 p.m., Holiday Inn 0610, Arlington, VA 20598–0610, cannot attend the scheduled public Hotel & Towers, 801 Avenue Q, telephone number (703) 235–5263. For meetings, a copy of the Department’s Lubbock, TX 79401, S. Plains Conf additional information on public presentation provided at the public Center. meeting facilities, information on access meetings will made available via the Sacramento, California—Tuesday, to those facilities for individuals with Department’s Ammonium Nitrate October 18, 2011, 10 a.m.–2 p.m., disabilities, or to request special Security Program Web site in mid- DoubleTree Hotel Sacramento, 2001 assistance at public meetings, please October at http://www.dhs.gov/files/

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programs/ammonium-nitrate-security- Registration DEPARTMENT OF AGRICULTURE program.shtm. Each meeting is open to the public 1. The level of access to the Internet Animal and Plant Health Inspection and each is expected to last up to a total that potential registration applicants Service of four hours. Please note that a public currently have and/or the level of access meeting may adjourn early if all potential applicants anticipate having in 7 CFR Part 331 commenters present have had the the future. opportunity to speak prior to the 2. How potential registration 9 CFR Part 121 scheduled conclusion of the meeting. applicants who do not have readily- [Docket No. APHIS–2011–0099] DHS will use sign-in sheets to accessible Internet access could obtain voluntarily collect contact information the access necessary to register online. Multi-Agency Informational Meeting from the attending public and to Concerning Compliance With the 3. How to best notify agents (AN properly log oral comments received Federal Select Agent Program; Public during the meetings. Providing contact Agents) when ammonium nitrate Meeting information will be voluntary, and purchasers (AN Purchasers) submit members of the public may also make those AN Agents’ names to the AGENCIES: Animal and Plant Health anonymous oral comments. Seating may Department prior to sale or transfer of Inspection Service, USDA. be limited, but session organizers will ammonium nitrate. ACTION: Notice of public meeting. make every effort to suitably 4. The efficiency and sufficiency of SUMMARY: accommodate all participants. In order This is to notify all interested notifying applicants of registration parties, including individuals and to allow as many members of the public number (AN Registered User Number) as possible to speak, each speaker must entities possessing, using, or approvals and denials via e-mail or transferring federally listed biological limit his/her remarks to three minutes. other electronic means. A transcript of each of these public agents and toxins, that a meeting will be meetings will be provided in the 5. The proposed regulatory coverage held to provide specific regulatory electronic docket for the Ammonium of truck drivers and other ammonium guidance related to the Federal Select Nitrate Security Program rulemaking, nitrate transporters. Agent Program established under the docket number DHS–2008–0076, Public Health Security and Bioterrorism Verification available at http://www.regulations.gov. Preparedness and Response Act of 2002. The meeting is being organized by the Written comments on the proposed 1. The proposed requirement that U.S. Department of Agriculture’s Ammonium Nitrate Security Program certain forms of identification should be may also be submitted to the Animal and Plant Health Inspection acceptable for purposes of a visual Service, the Department of Health and Department of Homeland Security. As identity verification check. specified in the NPRM, you may submit Human Services’ Centers for Disease comments, identified by docket number 2. The advisability, costs, and benefits Control and Prevention, and the DHS–2008–0076, by one of the of enabling AN Agents to provide AN Department of Justice’s Federal Bureau following methods: Purchasers’ identity verification of Investigation, Criminal Justice • Federal eRulemaking Portal: Follow information directly to ammonium Information Services. Issues to be the instructions at http:// nitrate sellers (AN Sellers) when it is discussed include personnel reliability www.regulations.gov for submitting not possible for an AN Seller to verify programs, pre-employment background comments. the identity of the AN Purchaser in screenings, occupational health • Mail: U.S. Department of Homeland person. programs, and BSL4 surety programs. DATES: Security, National Protection and 3. Possible alternative methods that The meeting will be held on November 16, 2011, from 7:30 a.m. to Programs Directorate, Infrastructure could be employed to verify AN Security Compliance Division (NPPD/ 5 p.m. Persons who wish to attend the Purchasers’ identities in sales or ISCD), 245 Murray Lane, SW., Mail Stop meeting must register by October 14, transfers involving AN Agents. 0610, Arlington, VA 20598–0610. 2011. To avoid duplication, please use only Recordkeeping ADDRESSES: The meeting will be held at one of these methods to submit written The Howard H. Baker, Jr. Center for 1. The benefits and costs of comments. Public Policy, 1640 Cumberland maintaining records regarding the AN Key Comments Solicited by the Avenue, Knoxville, TN 37996. Purchaser (and, where applicable, AN Department FOR FURTHER INFORMATION CONTACT: Agent) verification process. The Department is soliciting APHIS: Ms. Cassie Armiger, Program 2. How ammonium nitrate facility comments on all aspects of the NPRM. Analyst, APHIS Select Agent Program, (AN Facility) personnel should notify Of particular interest are comments APHIS, 4700 River Road, Unit 2, addressing the following major issues: AN Purchasers and AN Agents that the Riverdale, MD 20737; (301) 734–5960. information they provide may be shared CDC: Dr. Eduardo O’Neill, Training & Ammonium Nitrate Use and with the Department. Outreach Officer, Division of Select Characteristics Dated: October 3, 2011. Agents and Toxins, CDC, 1600 Clifton Road MS A–46, Atlanta, GA 30333; 1. The types, quantities, and Penny Anderson, concentrations of ammonium nitrate (404) 718–2000. and ammonium nitrate mixtures Director, Infrastructure Security Compliance SUPPLEMENTARY INFORMATION: Title II of Division, Department of Homeland Security. produced, used, sold, and transferred in the Public Health Security and the United States. [FR Doc. 2011–26051 Filed 10–6–11; 8:45 am] Bioterrorism Preparedness and 2. The detonability of ammonium BILLING CODE 9110–9P–P Response Act of 2002, ‘‘Enhancing nitrate and ammonium nitrate mixtures Controls on Dangerous Biological of different quantities and Agents and Toxins’’ (sections 201 concentrations. through 231), provides for the regulation

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of certain biological agents and toxins Done in Washington, DC, this 3rd day of Riverdale, MD 20737–1231; (301) 734– by the Department of Health and Human October 2011. 5571. Services (HHS) (subtitle A, sections Kevin Shea, SUPPLEMENTARY INFORMATION: On August 201–204) and the Department of Acting Administrator, Animal and Plant 11, 2011, we published in the Federal Agriculture (USDA) (subtitle B, sections Health Inspection Service. Register (76 FR 50082–50110, Docket 211–213), and provides for interagency [FR Doc. 2011–26071 Filed 10–6–11; 8:45 am] No. APHIS–2009–0091) a proposal to coordination between the two BILLING CODE 3410–34–P establish minimum national official Departments regarding overlap agents identification and documentation and toxins (subtitle C, section 221). For requirements for the traceability of the HHS, the Centers for Disease Control DEPARTMENT OF AGRICULTURE livestock moving interstate. and Prevention (CDC) has been Comments on the proposed rule were designated as the agency with primary Animal and Plant Health Inspection required to be received on or before responsibility for implementing the Service November 9, 2011. We are extending the provisions of the Act; the Animal and comment period on Docket No. APHIS– Plant Health Inspection Service (APHIS) 9 CFR Parts 71, 77, 78, and 90 2009–0091 for an additional 30 days. is the agency fulfilling that role for the This action will allow interested [Docket No. APHIS–2009–0091] USDA. CDC and APHIS list select agents persons additional time to prepare and and toxins in 42 CFR 73.3 and in 7 CFR RIN 0579–AD24 submit comments. 331.3 and 9 CFR 121.3, respectively. Authority: 7 U.S.C. 8301–8317; 7 CFR The Federal Bureau of Investigation’s Traceability for Livestock Moving 2.22, 2.80, and 371.4. Criminal Justice Information Service Interstate (CJIS) conducts security risk Done in Washington, DC this 3rd day of AGENCY: Animal and Plant Health October 2011. assessments of all individuals and Inspection Service, USDA. nongovernmental entities that request to Kevin Shea, possess, use, or transfer select agents ACTION: Proposed rule; extension of Acting Administrator, Animal and Plant and toxins. comment period. Health Inspection Service. [FR Doc. 2011–26056 Filed 10–6–11; 8:45 am] The meeting announced here is an SUMMARY : We are extending the BILLING CODE 3410–34–P opportunity for the regulated comment period for our proposed rule community (i.e., registered entity that would establish minimum national responsible officials, alternate official identification and SMALL BUSINESS ADMINISTRATION responsible officials, and entity owners) documentation requirements for the and other interested individuals to traceability of livestock moving 13 CFR Parts 121, 124, 125, 126, 127 obtain specific regulatory guidance and interstate. This action will allow information on standards concerning interested persons additional time to RIN 3245–AG23 biosafety and biosecurity issues related prepare and submit comments. to the Federal Select Agent Program. Small Business Size and Status DATES: CDC, APHIS, and CJIS representatives We will consider all comments Integrity will be present at the meeting to address that we receive on or before December 9, 2011. AGENCY: U.S. Small Business questions and concerns. Administration. Updates on the current status of the ADDRESSES: You may submit comments ACTION: Proposed rule. APHIS and CDC proposed rule, general by either of the following methods: • components of a personnel reliability Federal eRulemaking Portal: Go to SUMMARY: The U.S. Small Business program, pre-employment background http://www.regulations.gov/#!document Administration (SBA or Agency) is screening, occupational health Detail;D=APHIS–2009–0091–0001. • proposing to amend its regulations to programs, BSL4 surety programs, and Postal Mail/Commercial Delivery: implement provisions of the Small future responsible official training will Send your comment to Docket No. Business Jobs Act of 2010 (Jobs Act) be discussed, including panel APHIS–2009–0091, Regulatory Analysis pertaining to small business size and discussions, by representatives from the and Development, PPD, APHIS, Station status integrity. SBA is proposing to Department of Homeland Security, CJIS, 3A–03.8, 4700 River Road Unit 118, amend its program regulations to APHIS, CDC, and National Institutes of Riverdale, MD 20737–1238. implement statutory provisions Health. Supporting documents and any establishing that there is a presumption All attendees must register in comments we receive on this docket of loss equal to the value of the contract advance. To register all persons must may be viewed at http://www. or other instrument when a concern complete an online registration form at regulations.gov/#!docketDetail;D= willfully seeks and receives an award by http://www.selectagents.gov and submit APHIS–2009–0091 or in our reading misrepresentation. SBA is proposing to it by October 14, 2011. For those unable room, which is located in room 1141 of amend its program regulations to to attend in person, the workshop will the USDA South Building, 14th Street implement statutory provisions that be available over the Internet as a and Independence Avenue, SW., provide that the submission of an offer webcast. Washington, DC. Normal reading room or application for an award intended for Parking is available at the University hours are 8 a.m. to 4:30 p.m., Monday small business concerns will be deemed Center for a $5 fee. Hotel information is through Friday, except holidays. To be a size or status certification or available on the Internet at http:// sure someone is there to help you, representation in certain circumstances. www.selectagents.gov. please call (202) 690–2817 before SBA is proposing to amend its program If you require special coming. regulations to implement statutory accommodations, such as a sign FOR FURTHER INFORMATION CONTACT: Mr. provisions that provide that an language interpreter, please call or write Neil Hammerschmidt, Program authorized official must sign in one of the individuals listed under FOR Manager, Animal Disease Traceability, connection with a size or status FURTHER INFORMATION CONTACT. VS, APHIS, 4700 River Road Unit 46, certification or representation for a

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contract or other instrument. SBA is development agreement or grant. The or HUBZone programs, because the proposing to amend its regulations to Senate Report indicates that this Small Business Administration is implement statutory provisions that presumption is ‘‘irrefutable.’’ Senate responsible for providing these provide that concerns that fail to update Rep. No. 111–343, p. 8. The certification designations in federal their size or status in the Online amendments also provide that certain procurement databases. Representations and Certifications actions, such as submitting an offer in SBA’s regulations currently provide Application (ORCA) database (or any response to a solicitation set aside for that a concern applying for certification successor thereto) at least annually shall small business concerns, will be into the 8(a) Business Development or no longer be identified in the database deemed a representation of small HUBZone programs must be small for as small or some other socioeconomic business size or status. The amendments its primary industry at the time of status, until the representation is require the signature of an authorized application and ‘‘the date of certification updated. Finally, SBA is proposing to official of a concern making a small by SBA.’’ 13 CFR 121.404(b). If the SBA amend its regulations to clarify when business size or status representation in 8(a) or HUBZone program office size is determined for purposes of entry connection with certain actions, such as believes that an applicant is other than into the 8(a) Business Development and submitting an offer. The amendments small, the SBA program office requests HUBZone programs. further provide that concerns must a formal size determination from the DATES: Comments must be received on update their size and status relevant SBA Office Government or before November 7, 2011. certifications in ORCA at least annually, Contracting Area Office. However, SBA or the status will be lost until such time ADDRESSES: You may submit comments, will not certify a firm into these identified by RIN: 3245–AG23, by any of as the update is made. Finally, the programs if it believes the firm is other the following methods: amendments further provide that SBA than small. Consequently, an issue in • Federal eRulemaking Portal: http:// must promulgate regulations to protect administrative litigation has arisen www.regulations.gov. Follow the individuals and concerns from liability concerning what date to use to instructions for submitting comments. in cases of unintentional errors, determine the firm’s size as of the ‘‘date • Mail, for paper, disk, or CD/ROM technical malfunctions and other of certification’’ into the program. submissions: Dean Koppel, U.S. Small similar situations. Obviously, SBA does not want to certify Business Administration, Office of In accordance with 15 U.S.C. 632(w), a firm into one of the 8(a) or HUBZone Government Contracting, 409 Third SBA is proposing to amend its Size programs in the firm is other than small Street, SW., 8th Floor, Washington, DC (121.108, 121.411), 8(a) (124.521), Small for the work for which it is primarily 20416. Disadvantaged Business (SDB) engaged. Consequently, we are • Hand Delivery/Courier: Dean (124.1015), Service-Disabled Veteran- proposing to amend the size regulations Koppel, U.S. Small Business Owned (SDVO) (125.29), HUBZone to provide that for purposes of entry Administration, Office of Government (126.900) and Women-Owned Small into these programs, a firm must be Contracting, 409 Third Street, SW., 8th Business (WOSB) (127.700) regulations small at the date of application and the Floor Washington, DC 20416. to notify firms participating in those date the program office requests a SBA will post all comments on programs about the statutory formal size determination in connection http://www.regulations.gov. If you wish presumption of loss provisions; the with a firm that is otherwise eligible for to submit confidential business statutory deemed certification program certification. information (CBI) as defined in the User provisions; the statutory signature SBA is also proposing to update its Notice at http://www.Regulations.gov, requirement in connection with offers; size protest regulations to add please submit the information to Dean and the statutory limitation of liability additional methods for serving formal Koppel, U.S. Small Business provisions. In addition, SBA is size determinations. The current Administration, Office of Government proposing to amend its Size, SDB, regulation limits the notification Contracting, 409 Third Street, SW., 8th SDVO, HUBZone and WOSB regulations method to certified mail, return receipt Floor, Washington, DC 20416, or send to notify firms participating in these requested, or overnight delivery. In programs of the additional penalties for an e-mail to [email protected]. addition, SBA is proposing to remove misrepresentations set forth in 15 U.S.C. Highlight the information that you the current requirement that SBA § 645(d). SBA is not proposing to amend consider to be CBI and explain why you provide the formal size determination to its 8(a) regulations to add this notice believe SBA should hold this all of the protested concern’s affiliates, because 8(a) Participants are not information as confidential. SBA will or alleged affiliates. A concern can have mentioned in 15 U.S.C. 645(d). hundreds of affiliates or alleged review the information and make the In accordance with 15 U.S.C. 632(x), affiliates, and it is impractical and final determination on whether it will SBA is also proposing to amend its costly to provide a decision to all of publish the information or not. regulations to add provisions (121.109, these entities. FOR FURTHER INFORMATION CONTACT: 124.1016, 125.30, 127.701) requiring a Dean Koppel, Office of Government firm to update its size, small Compliance With Executive Orders Contracting, 409 Third Street SW., disadvantaged business, service- 12866, 13563, 12988, 13132, the Washington, DC 20416; (202) 205–9751; disabled veteran-owned or women- Paperwork Reduction Act (44 U.S.C. [email protected]. owned small business status chapter 35), and the Regulatory SUPPLEMENTARY INFORMATION: On certification in federal databases at least Flexibility Act (5. U.S.C. 601–612) September 27, 2010, Congress amended annually, and to require that a firm that the Small Business Act to provide that fails to certify its size or status within Executive Orders 12866 if a concern willfully seeks and receives one year of a prior certification will no The Office of Management and Budget an award by misrepresenting its small longer be listed as a firm of that size or (OMB) has determined that this rule is business size or other socioeconomic status, until the firm recertifies its status a significant regulatory action for status, there is a presumption of loss to in connection with the specific relevant purposes of Executive Order 12866. the United States equal to the value of size standard or eligibility requirements. Accordingly, the next section contains the contract, subcontract, cooperative SBA is not proposing to add such a SBA’s Regulatory Impact Analysis. This agreement, cooperative research and requirement for purposes of the 8(a) BD is not a major rule, however, under the

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Congressional Review Act, 5 U.S.C. 80, provisions. The requirements are clear, requirements. In accordance with et seq. and the Jobs Act requires promulgation Federal Acquisition Regulation (FAR) of regulations implementing certain §§ 4.1202, 52.204–8, 52.219–1 and 13 Regulatory Impact Analysis portions of the Jobs Act within one year. CFR 121.404(a), 121.411, concerns must 1. Is there a need for the regulatory submit paper or electronic Executive Order 13563 action? The proposed regulations would representations or certifications in implement Sections 1341 and 1342 of The proposed regulations implement connection with prime contracts and the Small Business Jobs Act of 2010, important statutory provisions intended subcontracts. The Jobs Act requires that Public Law 111–240, 124 Stat. 2504, to prevent and deter fraud and each offeror or applicant for a Federal September 27, 2010 (Jobs Act) which are misrepresentation in small business contract, subcontract, or grant shall codified at 15 U.S.C. 632(w), (x). government contracting and other contain a certification concerning the Sections 1341 and 1342 of the Jobs Act programs. SBA proposes to amend all small business size and status of a require the Administrator to promulgate applicable parts of its regulations to put business concern seeking the Federal regulations implementing some of the participants in those programs on notice contract, subcontract or grant. The Jobs provisions within one year of of the penalties associated with Act mandates that an authorized official enactment. misrepresentation, and to the extent must sign the certification on the same 2. What are the potential benefits and practicable, utilize identical language in page containing the size and status costs of this regulatory action? It is the each Part. SBA is also proposing to claimed by the concern. Offerors are declared statutory policy of the United include in each part other relevant already required to sign their offers, bids States that small business concerns applicable statutory provisions or quotes (Standard Forms 18, 30, 33, receive their fair proportion of concerning the penalties for 1449), so this provision does not create government contracts, to spur creativity misrepresentation. The costs associated new reporting or recordkeeping and innovation, increase employment with these proposed rules, requiring a requirements. and strengthen the industrial base. signature in connection with a size or Regulatory Flexibility Act Several recent Government status representation and requiring Accountability Office reports indicate concerns to update online certifications SBA has determined that this that ineligible concerns may be annually, are minimal and required by proposed rule, if adopted in final form, receiving benefits to which they are not statute. As part of its implementation of may have a significant economic impact entitled. This in turn harms legitimate this executive order and consistent with on a substantial number of small entities small business concerns that not only its commitment to public participation within the meaning of the Regulatory do not receive the contracts, but may be in the rulemaking process, SBA held Flexibility Act (RFA), 5 U.S.C. 601–612. deprived of future contracting public meetings in 13 locations around Therefore, SBA has prepared an Initial opportunities because of the attention the country to discuss implementation Regulatory Flexibility Act (IRFA) garnered by these bad actors. The of the Jobs Act, and received public analysis addressing the proposed presumption of loss, deemed input from thousands of small business regulation. certification and signature requirement owners, contracting officials and large IRFA will make it easier to prosecute, seek business representatives. damages or suspend or debar concerns When preparing a Regulatory and individuals that willfully Executive Order 12988 Flexibility Analysis, an agency shall misrepresent their size and For purposes of Executive Order address all of the following: a socioeconomic status in order to gain a 12988, SBA has drafted this proposed description of why the action by the contract, subcontract, grant or rule, to the extent practicable, in agency is being considered; the cooperative agreement. The rule accordance with the standards set forth objectives and legal basis of the rule; the proposes to force concerns to update in section 3(a) and 3(b)(2) of that Order, estimated number of small entities to their size or status in federal to minimize litigation, eliminate which the rule may apply; a description procurement databases at least annually, ambiguity, and reduce burden. This rule of the projected reporting, or else the firms will lose their status in has no preemptive or retroactive effect. recordkeeping and other compliance those databases. Standard contracting requirements; identification of all and grant forms will have to be Executive Order 13132 Federal rules which may duplicate, amended to allow an authorized official This rule does not have federalism overlap or conflict with the proposed to sign on the same page as the size or implications as defined in Executive rule; and a description of significant status that the firm is claiming. The Order 13132. It will not have substantial alternatives which minimize any Online Certification and Representation direct effects on the States, on the significant economic impact on small (ORCA) database will have to be relationship between the national entities. This IRFA considers these programmed to automatically change government and the States, or on the points and the impact the proposed the size or socioeconomic status of firms distribution of power and regulation concerning small business that fail to update their size or responsibilities among the various size and status integrity may have on socioeconomic status at least annually. layers of government, as specified in the small entities. SBA believes that the potential costs order. As such it does not warrant the (a) Need for, Objectives, and Legal Basis associated with these changes, which preparation of a Federalism Assessment. are required by statute, are relatively of the Rule minor and are significantly outweighed Paperwork Reduction Act, 44 U.S.C., The proposed regulatory amendments by the benefits to the integrity of small Chapter 35 implement Sections 1341 and 1342 of business procurement, grant and For the purpose of the Paperwork the Small Business Jobs Act of 2010, research programs and the intended Reduction Act, 44 U.S.C. chapter 35, Public Law 111–240, 124 Stat. 2504, beneficiaries. SBA has determined that this rule, if September 27, 2010 (Jobs Act); 15 U.S.C. 3. What are the alternatives to this adopted in final form, would not impose 632(w), (x). The purpose of the statute final rule? The proposed regulations are new reporting requirements and would and implementing regulations is to required to implement statutory not require new recordkeeping prevent or deter firms from

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misrepresenting their size or (c) Projected Reporting, Recordkeeping represents its size and status, but socioeconomic status. and Other Compliance Requirements authorized officials already have to sign This proposed rule would not impose offers. Firms will have to update their (b) Estimate of the Number of Small size and socioeconomic status in ORCA Entities to Which the Rule May Apply a new information collection, recordkeeping or compliance at least annually, but that is already The RFA directs agencies to provide requirement on small businesses. A required. FAR § 4.1201(b)(1). The a description of and, where feasible, an firm’s size or socioeconomic status is proposed rule gives firms incentive to update their size or status in ORCA, and estimate of the number of entities that generally based on records that it ensures that firms that do not update may be affected by the proposed rules, already possesses, such as payroll their size or status will no longer be if adopted. The RFA defines ‘‘small records and annual tax returns. Firms listed as having small or socioeconomic entity’’ to include ‘‘small businesses,’’ currently must represent their size or status in connection with contracts and status, unless or until the firms update ‘‘small organizations,’’ and ‘‘small their status. governmental jurisdictions.’’ SBA’s subcontracts, either electronically or in programs do not apply to ‘‘small paper form. FAR §§ 4.1202, 52.204–8, List of Subjects 52.219–1 and 13 CFR 121.404(a), organizations’’ or ‘‘small governmental 13 CFR Part 121 jurisdictions’’ because they are non- 121.411. The proposed rule requires an Administrative practice and profit or governmental entities and do authorized official to sign on the page containing a concern’s size or status procedure, Reporting and recordkeeping not generally qualify as ‘‘business representation. Offerors are generally requirements, and Small Businesses. concerns’’ within the meaning of SBA’s required to sign their offers (e.g., regulations. SBA’s programs generally 13 CFR Part 124 Standard Forms 26, 33, 1447, 1449), so apply only to for-profit business the burden on small business concerns Administrative practice and concerns. Therefore, the proposed to also sign their size or status procedure, Minority businesses, regulation will not impact small representation or certification will be Reporting and recordkeeping organizations or small governmental minimal. requirements, and Technical assistance. jurisdictions. (d) Federal Rules Which May Duplicate, 13 CFR Part 125 In fiscal year 2010, there were Overlap or Conflict With the Proposed approximately 3.35 million small Government contracts, Reporting and Rule recordkeeping requirements, Small business contract actions. The proposed businesses, and Technical assistance. regulations concerning presumption of Although firms registered in ORCA loss will only impact small business are supposed to update their 13 CFR Part 126 concerns that misrepresent their size or certifications and representations on an annual basis (FAR § 4.1201(b)(1)), Administrative practice and status in connection with a contract, procedure, Penalties, Reporting and subcontract, cooperative agreement, Section 1342 of the Jobs Act requires that firms that fail to meet the annual recordkeeping requirements and Small cooperative research and development certification or representation businesses. agreement or grant in such a way that requirement shall lose their status as 13 CFR Part 127 criminal prosecution or other action is small or some other socioeconomic Government procurement, Reporting taken by the Government. In fiscal year category in the database until such time and recordkeeping requirements, and 2010, SBA found approximately 200 as the firm updates its size or Small businesses. firms to be ineligible for a contract (14 socioeconomic status. The requirement HUBZone, 33 Service-Disabled Veteran- to have an authorized official sign in For the reasons stated in the Owned, 151 size). Not all of these firms connection with the firm’s size or status preamble, SBA proposes to amend parts would be criminally prosecuted or have will be implemented in the Federal 121, 124, 125, 126 and 127 of title 13 of others actions taken against them. Thus, Acquisition Regulation and will have to the Code of Federal Regulations as the proposed regulation concerning be harmonized with current ORCA follows: presumption of loss will impact very requirements as well as electronic PART 121—SMALL BUSINESS SIZE few concerns, and some of these commerce and electronic signature REGULATIONS concerns are not actually small. rules. However, firms currently must There are approximately 348,000 sign offers in many cases (e.g., Standard 1. The authority citation for part 121 concerns listed as small business Forms 26, 33 1447, and 1449). is revised to read as follows: concerns in the Dynamic Small (e) Significant Alternatives to the Rule Authority: 15 U.S.C. 632, 634(b)(6), 636(b), Business Search (DSBS) database. The Which Could Minimize Impact on Small 637(a), 644 and 662(5); and Pub. L. 105–135, proposed regulations concerning Entities sec. 401 et. seq., 111 Stat. 2592. 2. Amend § 121.108 by revising deemed certifications and the The proposed regulations implement section heading and adding paragraphs requirement for a signature would apply Sections 1341 and 1342 of the Jobs Act. (a) through (e) to read as follows: to all of these concerns, to the extent the The proposed regulations are directed at concerns submit an offer for a prime small business concerns seeking § 121.108 What are the requirements for contract that is set aside for small government contracts, subcontracts, representing small business size status, business concerns. In addition, there are grants, and cooperative agreements. The and what are the penalties for small business concerns that are not proposed rules are intended to prevent misrepresentation? registered in the DSBS database that or deter firms from misrepresenting (a) Presumption of Loss Based on the submit offers or responses for grants, their size or socioeconomic status. The Total Amount Expended. In every subcontracts, and other agreements. The impact on firms that accurately contract, subcontract, cooperative annual certification requirement would represent their size or status will be agreement, cooperative research and apply to all of the 348,000 firms minimal. An authorized official will development agreement, or grant which registered in the DSBS database. have to sign an offer where the firm is set aside, reserved, or otherwise

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classified as intended for award to small (e) Additional Penalties for (d) Presumption of Loss Based on the business concerns, there shall be an Misrepresentation Total Amount Expended. In every irrefutable presumption of loss to the (1) Suspension or debarment. The contract, subcontract, cooperative United States based on the total amount SBA debarring official or the agency agreement, cooperative research and expended on the contract, subcontract, debarring official may suspend or debar development agreement, or grant which cooperative agreement, cooperative a person or concern for is set aside, reserved, or otherwise research and development agreement, or misrepresentation pursuant to the classified as intended for award to small grant whenever it is established that a procedures set forth in 48 CFR subpart business concerns, there shall be an business concern other than a small 9.4. irrefutable presumption of loss to the business concern willfully sought and (2) Civil Penalties. Persons or United States based on the total amount received the award by concerns are subject to severe penalties expended on the contract, subcontract, misrepresentation. under the False Claims Act, 31 U.S.C. cooperative agreement, cooperative (b) Deemed Certifications. The 3729–3733, and under the Program research and development agreement, or following actions shall be deemed Fraud Civil Remedies Act, 331 U.S.C. grant whenever it is established that a affirmative, willful and intentional 3801–3812, and any other applicable business concern other than a small certifications of small business size and laws. business concern willfully sought and status: (3) Persons or concerns are subject to received the award by (1) Submission of a bid or proposal for severe criminal penalties for knowingly misrepresentation. a Federal grant, contract, subcontract, misrepresenting the small business size (e) Deemed Certifications. The cooperative agreement, or cooperative status of a concern in connection with following actions shall be deemed research and development agreement procurement programs pursuant to affirmative, willful and intentional reserved, set aside, or otherwise section 16(d) of the Small Business Act, certifications of small business size and classified as intended for award to small 15 U.S.C. 645(d), as amended; 18 U.S.C. status: business concerns. 1001; and 31 U.S.C. 3729–3733. Persons (1) Submission of a bid or proposal for (2) Submission of a bid proposal for or concern are subject to criminal a Federal grant, contract, subcontract, a Federal grant, contract, subcontract, penalties for knowingly making false cooperative agreement, or cooperative cooperative agreement or cooperative statements or misrepresentations to SBA research and development agreement research and development agreement reserved, set aside, or otherwise for the purpose of influencing any which in any way encourages a Federal classified as intended for award to small actions of SBA pursuant to section 16(a) agency to classify the bid or proposal, if business concerns. awarded, as an award to a small of the Small Business Act, 15 U.S.C. (2) Submission of a bid or proposal for business concern. 645(a), as amended, including failure to a Federal grant, contract, subcontract, ‘‘ ’’ (3) Registration on any Federal correct continuing representations that cooperative agreement or cooperative electronic database for the purpose of are no longer true. research and development agreement being considered for award of a Federal 3. Add new § 121.109 to read as which in any way encourages a Federal grant, contract, subcontract, cooperative follows: agency to classify the bid or proposal, if agreement, or cooperative research and § 121.109 What Must a Concern do in awarded, as an award to a small development agreement, as a small order to be Identified as a Small Business business concern. business concern. Concern in any Federal procurement (3) Registration on any Federal (c) Signature Requirement. Each databases? electronic database for the purpose of solicitation, bid, or application for a (a) In order to be identified as a small being considered for award of a Federal Federal contract, subcontract, or grant business concern in the Online grant, contract, subcontract, cooperative shall contain a certification concerning Representations and Certifications agreement, or cooperative research and the small business size and status of a Application (ORCA) database (or any development agreement, as a small business concern seeking the Federal successor thereto), a concern must business concern. contract, subcontract or grant. An certify its size in connection with (f) Signature Requirement. Each authorized official must sign the specific size standards at least annually. solicitation, bid, or application for a certification on the same page (b) If a firm identified as a small Federal contract, subcontract, or grant containing the size status claimed by the business concern in ORCA fails to shall contain a certification concerning concern. certify its size within one year of a size the small business size and status of a (d) Limitation of Liability. Paragraphs certification, the firm will not be listed business concern seeking the Federal (a)–(c) shall not apply in the case of as a small business concern in ORCA, contract, subcontract or grant. An unintentional errors or technical unless and until the firm recertifies its authorized official must sign the malfunctions that demonstrate that a size. certification on the same page misrepresentation of size was not 4. Amend § 121.404(b) by removing containing the size status claimed by the affirmative, intentional or willful. ‘‘date of certification by SBA’’ and concern. Consideration shall be given to the adding in its place ‘‘date the SBA (g) Limitation of Liability. Paragraphs firm’s internal management procedures program office requests a formal size (d)–(f) shall not apply in the case of governing size representation or determination in connection with a unintentional errors or technical certification, the clarity or ambiguity of concern that is otherwise eligible for malfunctions that demonstrate that a the representation or certification program certification.’’ misrepresentation of size was not requirement, and the efforts made to 5. Amend § 121.411 by adding new affirmative, intentional or willful. correct an incorrect or invalid paragraphs (d), through (i) to read as Consideration shall be given to the representation or certification in a follows: firm’s internal management procedures timely manner. In no case shall an governing size representation or individual or firm be liable for § 121.411 What are the size procedures for certification, the clarity or ambiguity of erroneous representations or SBA’s section 8(d) Subcontracting the representation or certification certifications made by Government Program? requirement, and the efforts made to personnel. * * * * * correct an incorrect or invalid

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representation or certification in a § 124.521 What are the requirements for correct an incorrect or invalid timely manner. In no case shall an representing 8(a) status, and what are the representation or certification in a individual or firm be liable for penalties for misrepresentation? timely manner. In no case shall an erroneous representations or (a) Presumption of Loss Based on the individual or firm be liable for certifications made by Government Total Amount Expended. In every erroneous representations or personnel. contract, subcontract, cooperative certifications made by Government (h) Additional Penalties for agreement, cooperative research and personnel. Misrepresentation. development agreement, or grant which 9. Add new § 124.1015 to read as (1) Suspension or debarment. The is set aside, reserved, or otherwise follows: SBA debarring official or the agency classified as intended for award to 8(a) Participants, there shall be an irrefutable § 124.1015 What are the requirements for debarring official may suspend or debar representing small disadvantaged business a person or concern for presumption of loss to the United States based on the total amount expended on status, and what are the penalties for misrepresentation pursuant to the misrepresentation? the contract, subcontract, cooperative procedures set forth in 48 CFR subpart agreement, cooperative research and (a) Presumption of Loss Based on the 9.4. development agreement, or grant Total Amount Expended. In every (2) Civil Penalties. Persons or whenever it is established that a contract, subcontract, cooperative concerns are subject to severe penalties business concern other than an 8(a) agreement, cooperative research and under the False Claims Act, 31 U.S.C. Participant willfully sought and development agreement, or grant which 3729–3733, and under the Program received the award by is set aside, reserved, or otherwise Fraud Civil Remedies Act, 331 U.S.C. misrepresentation. classified as intended for award to small 3801–3812, and any other applicable (b) Deemed Certifications. The disadvantaged business concerns, there laws. following actions shall be deemed shall be an irrefutable presumption of (3) Persons or concerns are subject to affirmative, willful and intentional loss to the United States based on the severe criminal penalties for knowingly certifications of 8(a) status: total amount expended on the contract, misrepresenting the small business size (1) Submission of a bid or proposal for subcontract, cooperative agreement, status of a concern in connection with a Federal grant, contract, subcontract, cooperative research and development procurement programs pursuant to cooperative agreement, or cooperative agreement, or grant whenever it is section 16(d) of the Small Business Act, research and development agreement established that a business concern 15 U.S.C. 645(d), as amended; 18 U.S.C. reserved, set aside, or otherwise other than a small disadvantaged 1001; and 31 U.S.C. 3729–3733. Persons classified as intended for award to 8(a) business concern willfully sought and or concern are subject to criminal Participants. received the award by penalties for knowingly making false (2) Submission of a bid proposal for misrepresentation. statements or misrepresentations to SBA a Federal grant, contract, subcontract, (b) Deemed Certifications. The for the purpose of influencing any cooperative agreement or cooperative following actions shall be deemed actions of SBA pursuant to section 16(a) research and development agreement affirmative, willful and intentional of the Small Business Act, 15 U.S.C. which in any way encourages a Federal certifications of small disadvantaged 645(a), as amended, including failure to agency to classify the bid or proposal, if business status: correct ‘‘continuing representations’’ that awarded, as an award to an 8(a) (1) Submission of a bid or proposal for are no longer true. Participant. a Federal grant, contract, subcontract, 6. Amend § 121.1009 by revising (3) Registration on any Federal cooperative agreement, or cooperative paragraph (f) to read as follows: electronic database for the purpose of research and development agreement being considered for award of a Federal reserved, set aside, or otherwise § 121.1009 What are the procedures for grant, contract, subcontract, cooperative classified as intended for award to small making size determinations? agreement, or cooperative research and disadvantaged business concerns. * * * * * development agreement, as an 8(a) (2) Submission of a bid proposal for (f) Notification of determination. SBA Participant. a Federal grant, contract, subcontract, will promptly notify the contracting (c) Signature Requirement. Each cooperative agreement or cooperative officer, the protester, and the protested solicitation, bid, or application for a research and development agreement concern. SBA will send the notification Federal contract, subcontract, or grant which in any way encourages a Federal by verifiable means, which may include shall contain a certification concerning agency to classify the bid or proposal, if facsimile, electronic mail, or overnight the 8(a) status of a business concern awarded, as an award to a small delivery service. seeking the Federal contract, disadvantaged business concern. * * * * * subcontract or grant. An authorized (3) Registration on any Federal official must sign the certification on the electronic database for the purpose of PART 124—8(a) BUSINESS same page containing the 8(a) status being considered for award of a Federal DEVELOPMENT/SMALL claimed by the concern. grant, contract, subcontract, cooperative DISADVANTAGED BUSINESS STATUS (d) Limitation of Liability. Paragraphs agreement, or cooperative research and DETERMINATIONS (a)–(c) shall not apply in the case of development agreement, as a small unintentional errors or technical disadvantaged business concern. 7. The authority citation for part 124 malfunctions that demonstrate that a (c) Signature Requirement. Each is revised to read as follows: misrepresentation of 8(a) status was not solicitation, bid, or application for a Authority: 15 U.S.C. 632, 15 U.S.C. affirmative, intentional or willful. Federal contract, subcontract, or grant 634(b)(6), 636(j), 637(a), 637(d); and Pub. L. Consideration shall be given to the shall contain a certification concerning 99–661, Pub. L. 100–656, sec. 1207, Pub. L. firm’s internal management procedures the small disadvantaged business status 100–656, Pub. L. 101–37, Pub. L. 101–574, governing 8(a) representation or of a business concern seeking the and 42 U.S.C. 9815. certification, the clarity or ambiguity of Federal contract, subcontract or grant. 8. Add new § 124.521 to read as the representation or certification An authorized official must sign the follows: requirement, and the efforts made to certification on the same page

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containing the small disadvantaged connection with specific eligibility disabled veteran-owned small business status claimed by the concern. requirements at least annually. concern. (d) Limitation of Liability. Paragraphs (b) If a firm identified as a small (3) Registration on any Federal (a)–(c) shall not apply in the case of disadvantaged business concern in electronic database for the purpose of unintentional errors or technical ORCA fails to certify its status within being considered for award of a Federal malfunctions that demonstrate that a one year of a status certification, the grant, contract, subcontract, cooperative misrepresentation of size was not firm will not be listed as a small agreement, or cooperative research and affirmative, intentional or willful. disadvantaged business concern in development agreement, as a small Consideration shall be given to the ORCA, unless and until the firm disadvantaged business concern. firm’s internal management procedures recertifies its small disadvantaged (c) Signature Requirement. Each governing SDB representation or business status. solicitation, bid, or application for a certification, the clarity or ambiguity of Federal contract, subcontract, or grant the representation or certification PART 125—GOVERNMENT shall contain a certification concerning requirement, and the efforts made to CONTRACTING PROGRAMS the service-disabled veteran-owned correct an incorrect or invalid small business status of a business 11. The authority citation for part 125 concern seeking the Federal contract, representation or certification in a is revised to read as follows: timely manner. In no case shall an subcontract or grant. An authorized individual or firm be liable for Authority: 15 U.S.C. 632, 634(b)(6), 637, official must sign the certification on the erroneous representations or 644 and 657f. same page containing the service- certifications made by Government 12. Amend § 125.29 by disabled veteran-owned small business personnel. a. Revising the section heading; status claimed by the concern. (e) Additional Penalties for b. Revising paragraphs (a) through (c); (d) Limitation of Liability. Paragraphs Misrepresentation. and (a)—(c) shall not apply in the case of (1) Suspension or debarment. The c. Adding new paragraphs (d) through unintentional errors or technical SBA debarring official or the agency (e) to read as follows: malfunctions that demonstrate that a debarring official may suspend or debar misrepresentation of service-disabled § 125.29 What are the requirements for a person or concern for veteran-owned small business status representing service-disabled veteran- was not affirmative, intentional or misrepresentation pursuant to the owned small business status, and what are procedures set forth in 48 CFR subpart willful. Consideration shall be given to the penalties for misrepresentation? the firm’s internal management 9.4. (a) Presumption of Loss Based on the (2) Civil Penalties. Persons or procedures governing SDVO SBC Total Amount Expended. In every concerns are subject to severe penalties representation or certification, the contract, subcontract, cooperative under the False Claims Act, 31 U.S.C. clarity or ambiguity of the agreement, cooperative research and 3729–3733, and under the Program representation or certification development agreement, or grant which Fraud Civil Remedies Act, 331 U.S.C. requirement, and the efforts made to is set aside, reserved, or otherwise 3801–3812, and any other applicable correct an incorrect or invalid classified as intended for award to laws. representation or certification in a service-disabled veteran-owned small (3) Persons or concerns are subject to timely manner. In no case shall an business concerns, there shall be an severe criminal penalties for knowingly individual or firm be liable for irrefutable presumption of loss to the misrepresenting the small erroneous representations or United States based on the total amount disadvantaged business status of a certifications made by Government expended on the contract, subcontract, concern in connection with personnel. cooperative agreement, cooperative procurement programs pursuant to (e) Additional Penalties for research and development agreement, or section 16(d) of the Small Business Act, Misrepresentation. grant whenever it is established that a 15 U.S.C. 645(d), as amended; 18 U.S.C. (1) Suspension or debarment. The business concern other than a service- 1001; and 31 U.S.C. 3729–3733. Persons SBA debarring official or the agency disabled veteran-owned small business or concerns are subject to criminal debarring official may suspend or debar concern willfully sought and received penalties for knowingly making false a person or concern for the award by misrepresentation. statements or misrepresentations to SBA misrepresentation pursuant to the (b) Deemed Certifications. The for the purpose of influencing any procedures set forth in 48 CFR subpart following actions shall be deemed actions of SBA pursuant to section 16(a) 9.4. affirmative, willful and intentional (2) Civil Penalties. Persons or of the Small Business Act, 15 U.S.C. certifications of service-disabled concerns are subject to severe penalties 645(a), as amended, including failure to veteran-owned small business status: under the False Claims Act, 31 U.S.C. correct ‘‘continuing representations’’ that (1) Submission of a bid or proposal for 3729–3733, and under the Program are no longer true. a Federal grant, contract, subcontract, Fraud Civil Remedies Act, 331 U.S.C. 10. Add new § 124.1016 to read as cooperative agreement, or cooperative 3801–3812, and any other applicable follows: research and development agreement laws. § 124.1016 What must a concern do in reserved, set aside, or otherwise (3) Persons or concerns are subject to order to be Identified as a Small classified as intended for award to severe criminal penalties for knowingly Disadvantaged Business Concern in any service-disabled veteran-owned small misrepresenting the service-disabled Federal procurement databases? business concerns. veteran-owned status of a concern in (a) In order to be identified as a small (2) Submission of a bid proposal for connection with procurement programs disadvantaged business concern in the a Federal grant, contract, subcontract, pursuant to section 16(d) of the Small Online Representations and cooperative agreement or cooperative Business Act, 15 U.S.C. 645(d), as Certifications Application (ORCA) research and development agreement amended; 18 U.S.C. 1001; and 31 U.S.C. database, (or any successor thereto) a which in any way encourages a Federal 3729–3733. Persons or concerns are concern must certify its small agency to classify the bid or proposal, if subject to criminal penalties for disadvantaged business status in awarded, as an award to a service- knowingly making false statements or

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misrepresentations to SBA for the affirmative, willful and intentional Fraud Civil Remedies Act, 331 U.S.C. purpose of influencing any actions of certifications of HUBZone small 3801–3812, and any other applicable SBA pursuant to section 16(a) of the business status: laws. Small Business Act, 15 U.S.C. 645(a), as (1) Submission of a bid or proposal for (3) Persons or concerns are subject to amended, including failure to correct a Federal grant, contract, subcontract, severe criminal penalties for knowingly ‘‘continuing representations’’ that are no cooperative agreement, or cooperative misrepresenting the HUBZone status of longer true. research and development agreement a concern in connection with 13. Add new § 125.30 to read as reserved, set aside, or otherwise procurement programs pursuant to follows: classified as intended for award to section 16(d) of the Small Business Act, HUBZone small business concerns. 15 U.S.C. 645(d), as amended; 18 U.S.C. § 125.30 What must a concern do in order (2) Submission of a bid proposal for 1001; and 31 U.S.C. 3729–3733. Persons to be identified as a Service-Disabled a Federal grant, contract, subcontract, or concerns are subject to criminal Veteran-Owned Small Business concern in cooperative agreement or cooperative penalties for knowingly making false any Federal procurement databases? research and development agreement statements or misrepresentations to SBA (a) In order to be identified as a which in any way encourages a Federal for the purpose of influencing any Service-Disabled Veteran-Owned agency to classify the bid or proposal, if actions of SBA pursuant to section 16(a) business concern in the Online awarded, as an award to a HUBZone of the Small Business Act, 15 U.S.C. Representations and Certifications small business concern. 645(a), as amended, including failure to Application (ORCA) database (or any (3) Registration on any Federal correct ‘‘continuing representations’’ that successor thereto) a concern must electronic database for the purpose of are no longer true. certify its Service-Disabled Veteran- being considered for award of a Federal Owned small business status in grant, contract, subcontract, cooperative PART 127—WOMEN–OWNED SMALL connection with specific eligibility agreement, or cooperative research and BUSINESS FEDERAL CONTRACT requirements at least annually. development agreement, as a HUBZone PROGRAM (b) If a firm identified as a Service- small business concern. 16. The authority citation for part 127 Disabled Veteran-Owned small business (c) Signature Requirement. Each is revised to read as follows: concern in ORCA fails to certify its solicitation, bid, or application for a status within one year of a status Federal contract, subcontract, or grant Authority: 15 U.S.C. 632, 634(b)(6), certification, the firm will not be listed shall contain a certification concerning 637(m), and 644. as a Service-Disabled Veteran-Owned the HUBZone small business status of a 17. Amend § 127.700 by: small business concern in ORCA, unless business concern seeking the Federal a. Revising the section heading; and until the firm recertifies its Service- contract, subcontract or grant. An b. Revising paragraphs (a)–(c); and Disabled Veteran-Owned status. authorized official must sign the c. Adding new paragraphs (d)–(e): certification on the same page PART 126—HUBZONE PROGRAM § 127.700 What are the requirements for containing the HUBZone status claimed representing women-owned small business 14. The authority citation for part 126 by the concern. or economically disadvantaged women- (d) Limitation of Liability. Paragraphs is revised to read as follows: owned small business status, and what are (a)–(c) shall not apply in the case of the penalties for misrepresentation? Authority: 15 U.S.C. 632 and 657(a). unintentional errors or technical (a) Presumption of Loss Based on the 15. Amend § 126.900 by: malfunctions that demonstrate that a Total Amount Expended. In every a. Revising the section heading; misrepresentation of HUBZone status contract, subcontract, cooperative b. Revising paragraphs (a)–(c); and was not affirmative, intentional or agreement, cooperative research and c. Adding new paragraphs (d)–(e) to willful. Consideration shall be given to development agreement, or grant which read as follows: the firm’s internal management is set aside, reserved, or otherwise procedures governing HUBZone SBC classified as intended for award to § 126.900 What are the requirements for representation or certification, the women-owned small business concerns representing HUBZone status, and what are clarity or ambiguity of the or economically disadvantaged women- the penalties for misrepresentation? representation or certification owned small business concerns, there (a) Presumption of Loss Based on the requirement, and the efforts made to shall be an irrefutable presumption of Total Amount Expended. In every correct an incorrect or invalid loss to the United States based on the contract, subcontract, cooperative representation or certification in a total amount expended on the contract, agreement, cooperative research and timely manner. In no case shall an subcontract, cooperative agreement, development agreement, or grant which individual or firm be liable for cooperative research and development is set aside, reserved, or otherwise erroneous representations or agreement, or grant whenever it is classified as intended for award to certifications made by Government established that a business concern HUBZone small business concerns, personnel. other than a women-owned small there shall be an irrefutable (e) Additional Penalties for business concern or economically presumption of loss to the United States Misrepresentation disadvantaged women-owned small based on the total amount expended on (1) Suspension or debarment. The business concern willfully sought and the contract, subcontract, cooperative SBA debarring official or the agency received the award by agreement, cooperative research and debarring official may suspend or debar misrepresentation. development agreement, or grant a person or concern for (b) Deemed Certifications. The whenever it is established that a misrepresentation pursuant to the following actions shall be deemed business concern other than a HUBZone procedures set forth in 48 CFR subpart affirmative, willful and intentional small business concern willfully sought 9.4. certifications of women-owned small and received the award by (2) Civil Penalties. Persons or business or economically disadvantaged misrepresentation. concerns are subject to severe penalties women-owned small business status: (b) Deemed Certifications. The under the False Claims Act, 31 U.S.C. (1) Submission of a bid or proposal for following actions shall be deemed 3729–3733, and under the Program a Federal grant, contract, subcontract,

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cooperative agreement, or cooperative misrepresentation pursuant to the DEPARTMENT OF TRANSPORTATION research and development agreement procedures set forth in 48 CFR subpart reserved, set aside, or otherwise 9.4. Federal Aviation Administration classified as intended for award to (2) Civil Penalties. Persons or women-owned small business concerns 14 CFR Part 39 concerns are subject to severe penalties or economically disadvantaged women- under the False Claims Act, 31 U.S.C. [Docket No. FAA–2010–1204; Directorate owned small business concerns. Identifier 2010–NM–147–AD] (2) Submission of a bid proposal for 3729–3733, and under the Program a Federal grant, contract, subcontract, Fraud Civil Remedies Act, 331 U.S.C. RIN 2120–AA64 cooperative agreement or cooperative 3801–3812, and any other applicable research and development agreement laws. Airworthiness Directives; Aviation Communication & Surveillance which in any way encourages a Federal (3) Persons or concerns are subject to Systems (ACSS) Traffic Alert and agency to classify the bid or proposal, if severe criminal penalties for knowingly awarded, as an award to a women- Collision Avoidance System (TCAS) misrepresenting the women-owned Units owned small business concern or status of a concern in connection with economically disadvantaged women- procurement programs pursuant to AGENCY: Federal Aviation owned small business concern. section 16(d) of the Small Business Act, Administration (FAA), DOT. (3) Registration on any Federal 15 U.S.C. 645(d), as amended; 18 U.S.C. ACTION: Supplemental notice of electronic database for the purpose of being considered for award of a Federal 1001; and 31 U.S.C. 3729–3733. Persons proposed rulemaking (NPRM); grant, contract, subcontract, cooperative or concern are subject to criminal reopening of comment period. penalties for knowingly making false agreement, or cooperative research and SUMMARY: statements or misrepresentations to SBA We are revising an earlier development agreement, as a women- proposed airworthiness directive (AD) for the purpose of influencing any owned small business concern or for certain Aviation Communication & actions of SBA pursuant to section 16(a) economically disadvantaged women- Surveillance Systems (ACSS) traffic owned small business concern. of the Small Business Act, 15 U.S.C. alert and collision avoidance system (c) Signature Requirement. Each 645(a), as amended, including failure to (TCAS) units installed on but not solicitation, bid, or application for a correct ‘‘continuing representations’’ that limited to various transport and small Federal contract, subcontract, or grant are no longer true. airplanes. That NPRM proposed to shall contain a certification concerning 18. Add new § 127.701 to read as require upgrading software. That NPRM the women-owned small business or follows: was prompted by reports of anomalies economically disadvantaged women- with TCAS units during a flight test owned small business status of a § 127.701 What must a concern do in order over a high density airport. The TCAS business concern seeking the Federal to be identified as a Women-Owned Small units dropped several reduced contract, subcontract or grant. An Business concern in any Federal surveillance aircraft tracks because of authorized official must sign the procurement databases? interference limiting. This action revises certification on the same page (a) In order to be identified as a that NPRM by proposing to require new containing the women-owned small updated software for certain TCAS business or economically disadvantaged Women-Owned business concern in the units. We are proposing this women-owned small business status Online Representations and supplemental NPRM to correct the claimed by the concern. Certifications Application (ORCA) (d) Limitation of Liability. Paragraphs database (or any successor thereto) a unsafe condition on these products. (a)–(c) shall not apply in the case of concern must certify its Women-Owned Since these actions impose an unintentional errors or technical small business status in connection with additional burden over that proposed in malfunctions that demonstrate that a specific eligibility requirements at least the NPRM, we are reopening the misrepresentation of women-owned annually. comment period to allow the public the small business or economically chance to comment on these proposed (b) If a firm identified as a Women- changes. disadvantaged women-owned small Owned small business concern in ORCA DATES: We must receive comments on business status was not affirmative, fails to certify its status within one year intentional or willful. Consideration this supplemental NPRM by November of a status certification, the firm will not 7, 2011. shall be given to the firm’s internal be listed as a Women-Owned small management procedures governing ADDRESSES: You may send comments, business concern in ORCA, unless and WOSB representation or certification, using the procedures found in 14 CFR until the firm recertifies its Women- the clarity or ambiguity of the 11.43 and 11.45, by any of the following Owned status. representation or certification methods: requirement, and the efforts made to Dated: September 26, 2011. • Federal eRulemaking Portal: Go to correct an incorrect or invalid Karen G. Mills, http://www.regulations.gov. Follow the representation or certification in a Administrator. instructions for submitting comments. • Fax: 202–493–2251. timely manner. In no case shall an [FR Doc. 2011–25656 Filed 10–6–11; 8:45 am] individual or firm be liable for • Mail: U.S. Department of erroneous representations or BILLING CODE 8025–01–P Transportation, Docket Operations, certifications made by Government M–30, West Building Ground Floor, personnel. Room W12–140, 1200 New Jersey (e) Additional Penalties for Avenue, SE., Washington, DC 20590. Misrepresentation. • Hand Delivery: U.S. Department of (1) Suspension or debarment. The Transportation, Docket Operations, SBA debarring official or the agency M–30, West Building Ground Floor, debarring official may suspend or debar Room W12–140, 1200 New Jersey a person or concern for Avenue, SE., Washington, DC 20590,

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between 9 a.m. and 5 p.m., Monday Discussion received on the NPRM and the FAA’s through Friday, except Federal holidays. response to each comment. We issued an NPRM to amend 14 CFR For service information identified in part 39 to include an AD that would Support for NPRM this AD, contact Aviation apply to Aviation Communication & Boeing concurred with the contents of Communication & Surveillance Surveillance Systems (ACSS) traffic the original NPRM. Systems, LLC, 19810 North 7th Avenue, alert and collision avoidance system Phoenix, Arizona 85027–4741; phone: (TCAS) units with part numbers Requests To Withdraw NPRM 623–445–7040; fax: 623–445–7004; identified in ACSS Technical ACSS disagreed with certain e-mail: acss.orderadmin@L–3com.com; Newsletter 8008359, Revision A, dated information in the Discussion section of Internet: http://www.acss.com. You may January 12, 2011, as installed on but not the original NPRM. review copies of the referenced service limited to various transport and small The Discussion section stated that information at the FAA, Transport airplanes, certificated in any category. anomalies with ACSS TCAS units Airplane Directorate, 1601 Lind That NPRM was published in the ‘‘occurred during a flight test over a high Avenue, SW., Renton, Washington. For Federal Register on December 28, 2010 density airport.’’ ACSS stated that it information on the availability of this (75 FR 81512). That NPRM proposed to provided the initial report of the material at the FAA, call 425–227–1221. require upgrading software. anomaly to the FAA in late 2009, and Examining the AD Docket That NPRM was prompted by reports that the FAA reproduced that scenario of anomalies with TCAS units during a during another flight test in early 2010. You may examine the AD docket on flight test over high density airports ACSS noted, however, that in over 35 the Internet at http:// (Chicago, New York, and Atlanta). The million flight hours of ACSS TCAS www.regulations.gov; or in person at the TCAS units dropped several reduced systems in field operation, no operator Docket Management Facility between 9 surveillance aircraft tracks because of has ever reported to ACSS any such a.m. and 5 p.m., Monday through interference limiting. This action revises anomaly being observed. Moreover, Friday, except Federal holidays. The AD that NPRM by proposing to require new ACSS is not aware of any such reports docket contains this proposed AD, the updated software for certain TCAS having been provided to the FAA. ACSS regulatory evaluation, any comments units. We are proposing this concludes that the probability of such received, and other information. The supplemental NPRM to correct the an event is low enough that an AD to street address for the Docket Office unsafe condition on some of these address the potential situation is (phone: 800–647–5527) is in the products (the TCAS II, TCAS 2000, and unnecessary. ADDRESSES section. Comments will be T2CAS) that have an issue on some The Discussion section of the original available in the AD docket shortly after installations on which the TCAS unit NPRM also stated that dropped tracks receipt. reverts to the standby (STBY) mode by the TCAS units could lead to ‘‘ (TCAS OFF) when the active possible loss of separation of air traffic FOR FURTHER INFORMATION CONTACT: ’’ transponder senses an altitude mis- and possible mid-air collision. ACSS Abby Malmir, Aerospace Engineer, noted that the calculated probability Systems and Equipment Branch, ANM– compare between two Gilham altitude input or other possible air data source associated with such a possible event is 130L, FAA, Los Angeles Aircraft very low. To support this assertion, Certification Office (ACO), 3960 failure. This potential safety issue is dependent on the altitude interface to ACSS referred to Section 2.3 of ACSS Paramount Boulevard, Lakewood, Continuing Operational Safety California 90712–4137; phone: 562– the transponder and the transponder used. Probability Assessment of the 627–5351; fax: 562–627–5210; e-mail: Interference Limiting Function, [email protected]. Actions Since Previous NPRM Was Document 8008352–001, Revision C, SUPPLEMENTARY INFORMATION: Issued dated January 6, 2011. ACSS reported that it has never received any report of Comments Invited Since we issued the previous NPRM, such an operational anomaly from field we have determined that certain operation. ACSS added that this We invite you to send any written software referenced in the original analysis would indicate that the relevant data, views, or arguments about NPRM may not adequately address the probability of such an event is low this proposed AD. Send your comments unsafe condition for certain affected enough that an AD to address the to an address listed under the airplanes. ACSS has revised the potential situation is unnecessary. ADDRESSES section. Include ‘‘Docket No. associated service bulletins, as We infer that the commenter is FAA–2010–1204; Directorate Identifier described below under ‘‘Request to requesting that we withdraw the NPRM. 2010–NM–147–AD’’ at the beginning of Delay AD Pending TCAS Validation.’’ We disagree. While the commenter your comments. We specifically invite We are issuing this supplemental NPRM claims that the probability is low, comments on the overall regulatory, to propose installing the new upgraded information gathered from several flight economic, environmental, and energy software via the revised versions of tests at different regional airports, aspects of this proposed AD. We will these service bulletins. The revised analysis of flight and other testing data, consider all comments received by the service bulletins provide instructions on and various meetings and discussions closing date and may amend this how to accomplish the software among various FAA offices, ACSS, and proposed AD because of those upgrade; the specific software an FAA TCAS contractor indicate that comments. approvals, however, are still pending the risk from the identified condition is We will post all comments we and are expected to be complete before unacceptable, and it is necessary to receive, without change, to http:// the final rule is issued. proceed with this action. www.regulations.gov, including any Comments personal information you provide. We Request To Delay AD Pending TCAS will also post a report summarizing each We gave the public the opportunity to Validation substantive verbal contact we receive comment on the previous NPRM. The Dassault Aviation (Dassault) stated about this proposed AD. following presents the comments that the technical standard order (TSO)

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for TCAS 2000, new part number (P/N) actions done before the effective date of applicability of the AD cannot change in 7517900–55001 (referenced in the AD using previous service the future except by revising or corresponding ACSS Service Bulletin information as acceptable for superseding the AD, this supplemental 8008229–001 (ATA Service Bulletin compliance with the AD requirements. NPRM does not violate the APA. We 7517900–34–6040), Revision 01, dated have not changed the supplemental Request To Clarify Applicability September 30, 2010), has been NPRM regarding this issue. approved, but the TSO for TCAS 3000, Several commenters reported difficulty determining the applicability Request To Provide Additional new P/N 9003000–55004 Information (corresponding ACSS Service Bulletin of the original NPRM. 8008235–001 (ATA Service Bulletin David Schober stated that the ACSS asserts that the information 9003000–34–6006), Revision 02, dated applicability of the original NPRM is provided under the Summary and February 3, 2011), was scheduled to be defined in service bulletins that are not Discussion sections in the original approved in June 2011. Dassault reports available to the general public, so some NPRM provides very limited detail that, as an airplane manufacturer and readers might not be able to determine regarding the interference limiting issue. system integrator, it must certify those which airplanes or components are To help operators fully understand and TCAS units against airworthiness affected. Mr. Schober added that a assess the operational aspects of the requirements and ensure that modified mechanic or repair station that does not interference limiting issue, ACSS units still operate properly within their have access to the service bulletins recommended that we provide ACSS target system environment. Dassault could return a noncompliant airplane to Technical Newsletter 8008359, ‘‘Change proposed that we wait to issue the final service. 7 Interference Limiting Airworthiness rule until the new TCAS units can be The European Aviation Safety Agency Directive FAQs,’’ Revision A, dated validated within their hosting avionics (EASA) requested that we revise the January 12, 2011. environment. original NPRM to specify the affected We agree. As explained previously, We agree, for the reasons provided by part numbers or software version. we have changed paragraph (c) in this the commenter. We have reviewed the ACSS noted that the applicability of supplemental NPRM to refer to this following revised service bulletins: the original NPRM did not identify technical newsletter, which will be • ACSS Service Bulletin 8008221– specific TCAS part numbers associated submitted to the Office of the Federal 001 (ATA Service Bulletin 9003500–34– with the referenced service bulletins. Register for approval of incorporation by 6014), Revision 01, dated February 4, ACSS accordingly issued ACSS reference in the final rule AD. Technical Newsletter 8008359, which 2011. Request To Delay AD Issuance • ACSS Service Bulletin 8008222– cross-references the service bulletins Empire Airlines (Empire) reported it 001 (ATA Service Bulletin 9003500–34– and specific TCAS part numbers. ACSS could not respond to the original NPRM 6015), Revision 01, dated February 4, recommended that we revise the because the necessary information was 2011. original NPRM to refer to this not available and the proposed • ACSS Service Bulletin 8008223– document. We agree with the request. This modification had not been submitted for 001 (ATA Service Bulletin 9003500–34– supplemental NPRM includes the TSO approval yet. Empire suggested 6016), Revision 01, dated February 4, information in table 1 of ACSS that we issue the NPRM when more 2011. Technical Newsletter 8008359, Revision information is available. • ACSS Service Bulletin 8008229– A, dated January 12, 2011, which We disagree with the request. As 001 (ATA Service Bulletin 7517900–34– provides additional information about noted previously in ‘‘Actions Since 6040), Revision 02, dated June 28, 2011. affected TCAS part numbers. Following Previous NPRM was Issued,’’ ACSS is • ACSS Service Bulletin 8008230– paragraph (c) of this supplemental upgrading the software of each TCAS 001 (ATA Service Bulletin 4066010–34– NPRM, we have added new Note 1, model and submitting it one at a time 6036), Revision 02, dated June 28, 2011. which introduces new table 1 to list the to the FAA for review and approval. We • ACSS Service Bulletin 8008231– service information and the anticipate that all necessary software 001 (ATA Service Bulletin 7517900–34– corresponding affected parts. will be FAA approved and released 6041), Revision 02, dated June 28, 2011. • before we issue the final rule. In ACSS Service Bulletin 8008233– Request To Explain Effect of Revised proposing the compliance time of 48 001 (ATA Service Bulletin 9000000–34– Service Information on Applicability months in the NPRM, we anticipated 6016), Revision 03, dated June 30, 2011. Mr. Schober expressed concern for the • that the software would be released ACSS Service Bulletin 8008234– potential effect on the applicability if within the first year after the final rule 001 (ATA Service Bulletin 9000000–34– the referenced service information is was issued. Therefore, the compliance 6017), Revision 02, dated June 30, 2011. revised. Mr. Schober asserted that • time proposed in the NPRM has been ACSS Service Bulletin 8008235– revising the service information to reduced from 48 months to 36 months 001 (ATA Service Bulletin 9003000–34– include additional units not considered in this supplemental NPRM. 6006), Revision 02, dated February 3, at this time would bypass the public 2011. comment required by the Request To Consider Effect of TCAS • ACSS Service Bulletin 8008236– Administrative Procedure Act (APA) Certification 001 (ATA Service Bulletin 7517900–34– (Pub. L. 79–404, 5 U.S.C. 551, et seq.). Dassault showed concern about the 6042), Revision 03, dated June 30, 2011. We agree to clarify the applicability of detrimental effect the original NPRM • ACSS Service Bulletin 8008238– this supplemental NPRM. Where an AD will have on the airplane delivery 001 (ATA Service Bulletin 9000000–34– refers to a service document for process for aircraft manufacturers 6018), Revision 02, dated June 30, 2011. airplanes or components in the around the world. Dassault reported that These revisions provide procedures for applicability, that service bulletin is on the production line many airplanes installing new updated software. We specifically identified by its revision equipped with the old TCAS part have revised this supplemental NPRM level. Only that revision level may be numbers are awaiting completion and to refer to the most recent service used to determine the applicability of final delivery. As a result, Dassault will information, and provided credit for the AD. Therefore, since the be unable to issue a statement of

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conformity (per FAA Order 8130.2G, commenter therefore suggested that we recommended that we revise the Airworthiness Certification of Aircraft revise the NPRM to state that the AD statement to indicate that the unsafe and Related Products, dated August 31, will ‘‘minimize’’ rather than prevent condition ‘‘exists in various ACSS TCAS 2010) or a certificate of airworthiness dropped tracks. systems.’’ (per EASA regulations) on these We disagree. The current ACSS We disagree with the request. We airplanes. Dassault requested relief in implementation of TCAS is susceptible have determined that the identified the form of two options: (1) Delaying to dropping surveillance aircraft tracks unsafe condition exists in the affected issuance of the final rule for 12 months because of interference limiting. This TCAS products, and might develop in until ACSS can upgrade affected TCAS supplemental NPRM would require products with the same type design, units currently installed so that Dassault revising the current TCAS software to unless the actions proposed in this can certify the interference limiting prevent dropping of TA and potential supplemental NPRM are done. We have change and retrofit the equipment, or (2) RA tracking cause by interference not changed the supplemental NPRM excluding TCAS 3000 old part numbers limiting.We have not changed this regarding this issue. supplemental NPRM regarding this currently on Dassault Falcon Jet and Request To Revise Certain Assertions issue. The supplemental NPRM also Dassault Aviation completion/ Made in Original NPRM production lines that are waiting entry corrects the altitude source issue in into service so that, once in the field, some of the ACSS TCAS product ACSS questioned the accuracy of the the equipment would be in compliance installations. following statement from the Discussion section of the NPRM: ‘‘When the TCAS with the AD. Request for Information on the Incident We disagree that further revision of unit interrogated aircraft in a high this supplemental NPRM is necessary. J. Twombly asked whether the ACSS density airport area, some of the targets As stated previously, we anticipate that anomaly that prompted the NPRM had disappeared from the cockpit display or all necessary software will be approved any effect on the operation of the were not recognized.’’ ACSS asserted and released before we issue the final aircraft’s transponder, or whether the that this claim is incorrect, and added rule. Therefore, Dassault will be able to transponder continued to operate in a that the TCAS system continues to install the required software in each normal manner, broadcasting and monitor the airspace and receive Mode airplane delivered after this AD’s responding to interrogations, S squitter information from all aircraft effective date and issue statements of notwithstanding the ACSS anomaly. within detection range, even when the conformity for those airplanes. The commenter further questioned interrogation power is being limited by whether the transponder performance the IL function. ACSS therefore Request To Clarify Effect of the was verified during the investigation. suggested that we revise the statement Supplemental Type Certificate (STC) on The Mode S transponder of the to remove the words ‘‘or were not Applicability airplane was verified to be performing recognized.’’ Mr. Schober stated that many affected in normal status operation during the Although the Discussion section from TCAS units use an STC as the approved flight test, despite the TCAS operational an NPRM is not repeated in a data, and most of those STCs identify issue of the interference limiting supplemental NPRM, we agree to equipment eligible for installation by anomaly. This anomaly in TCAS has no provide clarification. The statement part number. The commenter asserted effect on Mode S transponder operation. quoted by the commenter appears to be that the referenced service information We have made no change to this taken out of context from a more rolls the part numbers of the units, so supplemental NPRM in this regard. complete document. As long as those units would no longer be eligible Request To Revise FAA’s Determination information is within detection range for installation via the original STC. and is being processed, MODE S We agree to provide clarification. As ACSS requested that we revise the recognition exists. But when tracking ‘‘ indicated previously, we have added following sentence from the FAA’s power is not available as a result of IL, new table 1 in this supplemental NPRM Determination and Requirements of not only will tracks disappear from the ’’ to match each affected part number to This Proposed AD section of the display, those targets will not be tracked its corresponding service document. original NPRM: because the lack of power does not We are proposing this AD because we permit maintenance of tracks. Therefore Request To Correct Statement of Unsafe evaluated all relevant information and the tracks are dropped and will not be Condition determined the unsafe condition described recognized and may result in loss of ACSS noted an inaccuracy in the previously is likely to exist or develop in other products of these same type designs. separation of own aircraft with other following text from the NPRM Summary target aircraft. We have not changed the section: ACSS clarified that the operation of the supplemental NPRM regarding this The TCAS units dropped several reduced IL function in question was not the issue. surveillance aircraft tracks because of result of an error in implementation. interference limiting. We are proposing this The IL function was specifically Request To Revise Proposed Cost AD to prevent TCAS units from dropping implemented to operate as it does in Estimate tracks, which could compromise separation order to comply with the requirements Mr. Schober noted that the Costs of of air traffic and lead to subsequent mid-air of the TSO MOPS for Change 7 (i.e., Compliance section of the original collisions. TSO–C119b), as ACSS interpreted those NPRM considered only the actual ACSS stated that the IL function—even requirements. As such, ACSS updating of the unit—not the time to the changed implementation approved considered the NPRM misleading in its remove the unit, package and ship the by the FAA and proposed by the statement that the unsafe condition was unit to a repair station, return the unit NPRM—will still result in dropped likely to exist or develop in ‘‘other to the aircraft owner, and re-install the tracks, because that is the purpose of the products of these same type designs.’’ unit, or the down time for the airplane IL function. ACSS agreed with the ACSS had already implemented the for this maintenance evolution and the Relevant Service Information section of FAA-directed change in all current and associated lost revenue. the NPRM, which stated that the change future versions (e.g., TSO–C119c; Empire asserted that it would be simply ‘‘improves tracking.’’ The Change 7.1-compliant systems). ACSS necessary to read each ACSS service

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document listed in the original NPRM to might incur incidental costs in addition Certain changes described above expand determine the applicability, and to the direct costs. But the cost analysis the scope of the original NPRM. As a wondered whether we included this in AD rulemaking actions typically does result, we have determined that it is research time in our calculations for not include incidental costs such as the necessary to reopen the comment period determining the financial impact of the time necessary for planning, airplane to provide additional opportunity for original NPRM. down time, or time necessitated by the public to comment on this We infer that the commenters want us other administrative actions. Those supplemental NPRM. to revise the estimated costs to account incidental costs, which might vary Proposed Requirements of the for those variables. We disagree. The significantly among operators, are Supplemental NPRM cost information in this supplemental almost impossible to calculate. We have NPRM describes only the direct costs of not changed the supplemental NPRM This supplemental NPRM would the specific required actions. Based on regarding this issue. require upgrading software. the best data available, the manufacturer provided the number of work-hours FAA’s Determination Costs of Compliance necessary to do the proposed actions. We are proposing this supplemental This number represents the time NPRM because we evaluated all the We estimate that this proposed AD necessary to perform only the actions relevant information and determined affects 9,000 airplanes of U.S. registry. actually proposed by this supplemental the unsafe condition described We estimate the following costs to NPRM. We recognize that, in doing previously is likely to exist in other comply with this proposed AD: actions required by an AD, operators products of these same type designs.

ESTIMATED COSTS

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

Software upgrade ...... 2 work-hours × $85 per hour = $170 ...... $2,870 $3,040 $27,360,000

Authority for This Rulemaking distribution of power and Authority: 49 U.S.C. 106(g), 40113, 44701. responsibilities among the various Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue levels of government. rules on aviation safety. Subtitle I, For the reasons discussed above, I 2. The FAA amends § 39.13 by adding section 106, describes the authority of certify this proposed regulation: the following new airworthiness the FAA Administrator. ‘‘Subtitle VII: (1) Is not a ‘‘significant regulatory directive (AD): Aviation Programs’’ describes in more action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under the Aviation Communication & Surveillance detail the scope of the Agency’s Systems, LLC: Docket No. FAA–2010– authority. DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), 1204; Directorate Identifier 2010–NM– We are issuing this rulemaking under 147–AD. the authority described in Subtitle VII, (3) Will not affect intrastate aviation Part A, Subpart III, Section 44701: in Alaska, and (a) Comments Due Date (4) Will not have a significant ‘‘General requirements.’’ Under that We must receive comments by November economic impact, positive or negative, section, Congress charges the FAA with 7, 2011. promoting safe flight of civil aircraft in on a substantial number of small entities air commerce by prescribing regulations under the criteria of the Regulatory (b) Affected ADs for practices, methods, and procedures Flexibility Act. None. the Administrator finds necessary for List of Subjects in 14 CFR Part 39 (c) Applicability safety in air commerce. This regulation is within the scope of that authority Air transportation, Aircraft, Aviation This AD applies to Aviation because it addresses an unsafe condition safety, Incorporation by reference, Communication & Surveillance Systems that is likely to exist or develop on Safety. (ACSS) traffic alert and collision avoidance products identified in this rulemaking The Proposed Amendment system (TCAS) units with part numbers action. identified in ACSS Technical Newsletter Accordingly, under the authority 8008359, as installed on but not limited to Regulatory Findings delegated to me by the Administrator, various transport and small airplanes, We determined that this proposed AD the FAA proposes to amend 14 CFR part certificated in any category. would not have federalism implications 39 as follows: Note 1: Table 1 of this AD also provides a cross-referenced list of part numbers with under Executive Order 13132. This PART 39—AIRWORTHINESS associated service bulletins to help operators proposed AD would not have a DIRECTIVES substantial direct effect on the States, on identify affected parts. the relationship between the national 1. The authority citation for part 39 Government and the States, or on the continues to read as follows:

TABLE 1—SERVICE BULLETIN AND LRU CROSS-REFERENCE

ACCS product— Affected LRU part Nos. (P/Ns)— ACSS Service Bulletin—

TCAS 3000SP ...... 9003500–10900, –10901, –10902, –55900, –55901, 8008221–001, Revision 01, dated February 4, 2011 –55902, –57901, –65900, –65901, –65902. (ATA Service Bulletin 9003500–34–6014).

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TABLE 1—SERVICE BULLETIN AND LRU CROSS-REFERENCE—Continued

ACCS product— Affected LRU part Nos. (P/Ns)— ACSS Service Bulletin—

TCAS 3000SP ...... 9003500–10001, –10002, –10003, –10004, –55001, 8008222–001, Revision 01, dated February 4, 2011 –55002, –55003, –55004, –65001, –65002, (ATA Service Bulletin 9003500–34–6015). –65003, –65004. TCAS 3000SP ...... 9003500–10802 ...... 8008223–001, Revision 01, dated February 4, 2011 (ATA Service Bulletin 9003500–34–6016. TCAS 2000 ...... 7517900–10003, –10004, –10006, –10007, –10011, 8008229–001, Revision 02, dated June 28, 2011 –55003, –55004, –55006, –55007, –55009, (ATA Service Bulletin 7517900–34–6040). –55011, –71003, –71004, –71006, –71007, –71011. TCAS II ...... 4066010–910, –912 ...... 8008230–001, Revision 02, dated June 28, 2011 (ATA Service Bulletin 4066010–34–6036). Military TCAS 2000 ...... 7517900–56101, –56102, –56104, –56105, 56107 .... 8008231–001, Revision 02, dated June 28, 2011 (ATA Service Bulletin 7517900–34–6041). T2CAS ...... 9000000–10002, –10003, –10004, –10005, –10006, 8008233–001, Revision 03, dated June 30, 2011 –10008, –10204, –10205, –10206, –10208, (ATA Service Bulletin 9000000–34–6016). –20002, –20003, –20004, –20005, –20006, –20008, –20204, –20205, –20206, –20208, –55002, –55003, –55004, –55005, –55006, –55008, –55204, –55205, –55206, –55208. T2CAS ...... 9000000–10110, –11111 ...... 8008234–001, Revision 02, dated June 30, 2011 (ATA Service Bulletin 9000000–34–6017). TCAS 3000 ...... 9003000–10001, –10002, –10003, –55001, –55002, 8008235–001, Revision 02, dated February 3, 2011 –55003, –65001, –65002, –65003. (ATA Service Bulletin 9003000–34–6006). Military TCAS 2000 MASS ...... 7517900–20001, –20002, –65001, –65002 ...... 8008236–001, Revision 03, dated June 30, 2011 (ATA Service Bulletin 7517900–34–6042). Military T2CAS MASS ...... 9000000–30006, –40006, –60006 ...... 8008238–001, Revision 02, dated June 30, 2011 (ATA Service Bulletin 9000000–34–6018).

(d) Subject is acceptable for compliance with the (i) Alternative Methods of Compliance Joint Aircraft System Component (JASC)/ requirements of paragraph (g) of this AD. (AMOCs) Air Transport Association (ATA) of America (1) ACSS Service Bulletin 8008221–001 (1) The Manager, Los Angeles Aircraft Code 34, Navigation. (ATA Service Bulletin 9003500–34–6014), Certification Office (ACO), FAA, has the dated May 27, 2010. authority to approve AMOCs for this AD, if (e) Unsafe Condition (2) ACSS Service Bulletin 8008222–001 requested using the procedures found in 14 This AD was prompted by reports of (ATA Service Bulletin 9003500–34–6015), CFR 39.19. In accordance with 14 CFR 39.19, anomalies with TCAS units during a flight dated May 27, 2010. send your request to your principal inspector (3) ACSS Service Bulletin 8008223–001 test over a high density airport. The TCAS or local Flight Standards District Office, as (ATA Service Bulletin 9003500–34–6016), units dropped several reduced surveillance appropriate. If sending information directly dated May 27, 2010. aircraft tracks because of interference to the manager of the ACO, send it to the (4) ACSS Service Bulletin 8008229–001 limiting. We are issuing this AD to prevent attention of the person identified in the TCAS units from dropping tracks, which (ATA Service Bulletin 7517900–34–6040), Related Information section of this AD. could compromise separation of air traffic Revision 01, dated September 30, 2010. (2) Before using any approved AMOC, and lead to subsequent mid–air collisions. (5) ACSS Service Bulletin 8008230–001 (ATA Service Bulletin 4066010–34–6036), notify your appropriate principal inspector, (f) Compliance Revision 01, dated February 1, 2011. or lacking a principal inspector, the manager Comply with this AD within the (6) ACSS Service Bulletin 8008231–001 of the local flight standards district office/ compliance times specified, unless already (ATA Service Bulletin 7517900–34–6041), certificate holding district office. done. Revision 01, dated October 15, 2010. (j) Related Information (7) ACSS Service Bulletin 8008233–001 (g) Upgrade Software (ATA Service Bulletin 9000000–34–6016), (1) For more information about this AD, Within 36 months after the effective date Revision 02, dated February 1, 2011. contact Abby Malmir, Aerospace Engineer, of this AD, upgrade software for the ACSS (8) ACSS Service Bulletin 8008234–001 Systems and Equipment Branch, ANM–130L, TCAS, in accordance with the (ATA Service Bulletin 9000000–34–6017), FAA, Los Angeles ACO, 3960 Paramount Accomplishment Instructions of the Revision 01, dated February 1, 2011. Boulevard, Lakewood, California 90712– applicable ACSS publication identified in (9) ACSS Service Bulletin 8008235–001 4137; phone: 562–627–5351; fax: 562–627– table 1 of this AD. (ATA Service Bulletin 9003000–34–6006), 5210; e-mail: [email protected]. Note 2: ACSS Service Bulletin 8008233– dated June 4, 2010. (2) For service information identified in 001 (ATA Service Bulletin 9000000–34– (10) ACSS Service Bulletin 8008236–001 this AD, contact Aviation Communication & 6016), Revision 03, dated June 30, 2011, (ATA Service Bulletin 7517900–34–6042), Surveillance Systems, LLC, 19810 North 7th contains three part numbers (P/Ns 9000000– dated May 27, 2010. Avenue, Phoenix, Arizona 85027–4741; 10007, –20007, and –55007) that were never (11) ACSS Service Bulletin 8008236–001 phone: 623–445–7040; fax: 623–445–7004; e- produced. (ATA Service Bulletin 7517900–34–6042), mail: acss.orderadmin@L–3com.com; Revision 02, dated February 1, 2011. Internet: http://www.acss.com. You may (h) Actions Done in Accordance With (12) ACSS Service Bulletin 8008238–001 review copies of the referenced service Previous Service Information (ATA Service Bulletin 9000000–34–6018), information at the FAA, Transport Airplane A software upgrade done before the dated June 4, 2010. Directorate, 1601 Lind Avenue, SW., Renton, effective date of this AD in accordance with (13) ACSS Service Bulletin 8008238–001 Washington. For information on the the applicable service bulletin identified in (ATA Service Bulletin 9000000–34–6018), availability of this material at the FAA, call paragraphs (h)(1) through (h)(13) of this AD Revision 01, dated February 1, 2011. 425–227–1221.

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Issued in Renton, Washington, on to the retail inventory method under Explanation of Provisions September 29, 2011. § 1.471–8 of the Income Tax 1. Overview Ali Bahrami, Regulations. The proposed regulations restructure Manager, Transport Airplane Directorate, Section 471 provides that a taxpayer’s Aircraft Certification Service. and restate the regulations under method of accounting for inventories [FR Doc. 2011–26084 Filed 10–6–11; 8:45 am] § 1.471–8 in plain language. The must clearly reflect income. Section proposed regulations also add rules BILLING CODE 4910–13–P 1.471–2(c) provides that the bases of addressing the treatment of sales-based inventory valuation most commonly vendor allowances and of vendor used and meeting the requirements of markdown allowances and margin DEPARTMENT OF THE TREASURY section 471 are (1) cost and (2) cost or protection payments in the retail market, whichever is lower (LCM). Internal Revenue Service inventory method computation. Section 1.471–8 allows retailers to 2. Sales-Based Vendor Allowances 26 CFR Part 1 approximate cost or LCM by using the retail inventory method. A last-in, first The proposed regulations clarify the [REG–125949–10] out (LIFO) taxpayer that elects to use the interaction of proposed § 1.471–3(e) with the retail inventory method by RIN 1545–BJ64 retail inventory method must approximate cost. excluding from the numerator of the Retail Inventory Method cost complement formula the amount of Under the retail inventory method, a sales-based vendor allowance. AGENCY: Internal Revenue Service (IRS), the retail selling price of ending Treasury. inventory is converted to approximate 3. Computation of Cost Complement Under the Retail LCM Method ACTION: Notice of proposed rulemaking. cost or approximate LCM using a cost- to-retail ratio, or cost complement. The The retail inventory method SUMMARY: This document contains numerator of the cost complement is the determines an ending inventory value proposed regulations relating to the value of beginning inventory plus the by maintaining proportionality between retail inventory method of accounting. cost of purchases during the taxable costs and selling prices. Under the retail The regulations restate and clarify the year, and the denominator is the retail LCM method, a reduction in retail computation of ending inventory values selling prices of beginning inventories selling price reduces the value of ending under the retail inventory method and plus the initial retail selling prices of inventory in the same ratio as the cost provide a special rule for certain purchases. The cost complement is then complement. taxpayers that receive margin protection multiplied by the retail selling price of If a taxpayer earns an allowance, discount, or price rebate, the inventory payments and similar vendor ending inventory (multiplicand) to allowances. The regulations affect cost in the numerator of the cost determine the ending inventory value. taxpayers that are retailers and elect to complement declines, resulting in a use a retail inventory method. Section 1.471–3 provides that, for reduction of ending inventory value DATES: Written or electronically inventory valuation purposes, the cost computed under the retail inventory generated comments and requests for a of purchases during the year generally method. If the allowance, discount, or public hearing must be received by includes invoice price less trade or price rebate is related to a permanent January 5, 2012. other discounts. A discount may be markdown of the retail selling price (as in the case of a markdown allowance or ADDRESSES: Send submissions to: based on a retailer’s sales volume (sales- CC:PA:LPD:PR (REG–125949–10), room based allowance) or on the quantity of margin protection payment), ending 5203, Internal Revenue Service, P.O. merchandise a retailer purchases inventory value is further reduced as a Box 7604, Ben Franklin Station, (volume-based allowance), or may relate result of the decrease in ending retail Washington, DC 20044. Submissions to a retailer’s reduction in retail selling selling prices (the multiplicand in the may be hand delivered Monday through price (markdown allowance or margin formula). This additional reduction of Friday between the hours of 8 a.m. and protection payment). A vendor may ending inventory value caused by 4 p.m. to: CC:PA:LPD:PR (REG–125949– provide a retailer with a markdown reducing both the numerator of the cost 10), Courier’s Desk, Internal Revenue allowance or margin protection payment complement and the multiplicand (1) Service, 1111 Constitution Avenue, when the retailer temporarily or Generally results in a lower ending NW., Washington, DC. Alternatively, permanently reduces the retail selling inventory value for a retail LCM method taxpayer than for a similarly situated taxpayers may submit comments price of its inventory to sell it. A first-in, first-out (FIFO) taxpayer that electronically via the Federal markdown allowance or margin values inventory at LCM, and (2) does eRulemaking Portal at http:// protection payment differs from other www.regulations.gov (IRS REG–125949– not clearly reflect income. types of discounts because it is intended To address this distortion, the 10). to maintain the retailer’s profit margin proposed regulations provide that a FOR FURTHER INFORMATION CONTACT: and therefore is directly related to the retail LCM method taxpayer may not Concerning the proposed regulations, inventory selling price. reduce the numerator of the cost Natasha M. Mulleneaux, (202) 622– Under proposed § 1.471–3(e) (75 FR complement for an allowance, discount, 3967; concerning submission of 78944), the amount of an allowance, or price rebate that is related to or comments and requests for a public discount, or price rebate a taxpayer intended to compensate for a permanent hearing, Richard Hurst at earns by selling specific merchandise (a markdown of retail selling prices. Thus, [email protected]. sales-based vendor allowance) is a in the case of markdown allowances and SUPPLEMENTARY INFORMATION: reduction in the cost of the merchandise margin protection payments, the value of ending inventory as computed under Background sold and does not reduce the inventory cost or value of goods on hand at the the retail LCM method is reduced solely This document contains proposed end of the taxable year. as a result of the reduction in retail amendments to 26 CFR part 1 relating selling price, avoiding an unwarranted

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additional reduction in inventory value A public hearing will be scheduled if all permanent markups and markdowns, for a single markdown allowance and requested in writing by any person that including markup and markdown more reasonably approximating LCM. timely submits comments. If a public cancellations and corrections. The As an alternative to this proposed hearing is scheduled, notice of the date, denominator is not adjusted for modification, the retail inventory time, and place for the hearing will be temporary markups or markdowns. method could achieve the same result published in the Federal Register. (ii) Sales-based vendor allowances. A taxpayer may not reduce the numerator by permitting taxpayers to reduce the Drafting Information numerator of the cost complement for of the cost complement by the amount all non-sales based allowances, The principal author of these of an allowance, discount, or price discounts, or price rebates, including regulations is Natasha M. Mulleneaux of rebate a taxpayer earns by selling markdown allowances, but requiring a the Office of the Associate Chief specific merchandise. reduction of the denominator of the cost Counsel (Income Tax & Accounting). (iii) Special rules for cost complement complement for all permanent Other personnel from the IRS and for retail LCM method—(A) Margin markdowns related to markdown Treasury Department participated in protection payments and similar allowances. Comments are specifically their development. allowances. A taxpayer using the retail inventory method to approximate LCM requested on whether the final List of Subjects in 26 CFR Part 1 regulations should provide this or other may not reduce the numerator of the alternative retail LCM methods. Income taxes, Reporting and cost complement by the amount of an recordkeeping requirements. allowance, discount, or price rebate that 4. Temporary Price Adjustments Proposed Amendments to the is related to or intended to compensate The proposed regulations clarify that Regulations for a permanent reduction in the under the retail inventory method taxpayer’s retail selling price of Accordingly, 26 CFR part 1 is inventory (for example, a margin taxpayers do not adjust the cost proposed to be amended as follows: complement or ending retail selling protection payment or markdown allowance). prices for temporary markdowns and PART 1—INCOME TAXES markups. (B) Exclusion of markdowns in Paragraph 1. The authority citation denominator. A taxpayer using the retail Effective/Applicability Date for part 1 continues to read in part as inventory method to approximate LCM These regulations are proposed to follows: excludes markdowns (and markdown cancellations or corrections) from the apply for taxable years beginning after Authority: 26 U.S.C. 7805 * * * denominator of the cost complement. the date the regulations are published as Par. 2. Section 1.471–8 is revised to final regulations in the Federal Register. Any markups must be reduced by the read as follows: markdowns made to cancel or correct Special Analyses them. § 1.471–8 Inventories of retail merchants. (3) Ending inventory retail selling It has been determined that this notice (a) In general. A taxpayer that is a prices. A taxpayer must include all of proposed rulemaking is not a retail merchant may use the retail permanent markups and markdowns but significant regulatory action as defined inventory method of accounting may not include temporary markups or in Executive Order 12866. Therefore, a described in this section. The retail markdowns in determining the retail regulatory assessment is not required. It inventory method uses a formula to selling prices of goods on hand at the also has been determined that section convert the retail selling price of ending end of the taxable year. A taxpayer may 553(b) of the Administrative Procedure inventory to an approximation of cost not include a markdown that is not an Act (5 U.S.C. chapter 5) does not apply (retail cost method) or an approximation actual reduction of retail selling price. to these regulations, and because these of lower of cost or market (retail LCM (c) Special rules for LIFO taxpayers. A regulations do not impose a collection method). A taxpayer may use the retail taxpayer using the last-in, first-out of information on small entities, the inventory method instead of valuing (LIFO) inventory method with the retail Regulatory Flexibility Act (5 U.S.C. inventory at cost under § 1.471–3 or inventory method uses the retail chapter 6) does not apply. Pursuant to lower of cost or market under § 1.471– inventory method to approximate cost. section 7805(f) of the Internal Revenue 4. See § 1.472–1(k) for additional Code, this notice of proposed (b) Computation—(1) In general. A adjustments for a taxpayer using the rulemaking will be submitted to the taxpayer computes the value of ending LIFO inventory method with the retail Chief Counsel for Advocacy of the Small inventory under the retail inventory cost method. Business Administration for comment method by multiplying a cost (d) Scope of retail inventory method. on their impact on small business. complement by the retail selling prices A taxpayer may use the retail inventory Comments and Requests for a Public of the goods on hand at the end of the method to value ending inventory for a Hearing taxable year. department, a class of goods, or a stock- (2) Cost complement—(i) In general. keeping unit. A taxpayer maintaining Before these proposed regulations are The cost complement is a ratio more than one department or dealing in adopted as final regulations, computed as follows— classes of goods with different consideration will be given to any (A) The numerator is the value of percentages of gross profit must written comments that are submitted beginning inventory plus the cost of compute cost complements separately timely to the IRS. Comments may be goods purchased during the taxable for each department or class of goods. submitted electronically or via a signed year; and (e) Examples. The following examples original with eight (8) copies. Comments (B) The denominator is the retail illustrate the rules of this section: are requested on the clarity of the selling prices of beginning inventory Example 1. (i) R, a retail merchant who proposed rules and how they can be plus the retail selling prices of goods uses the retail method to approximate LCM, made easier to understand. All purchased during the year (that is, the has no beginning inventory in 2010. R comments will be available for public bona fide retail selling prices of the purchases 40 tables during 2010 for $60 each inspection and copying. items at the time acquired), adjusted for for a total of $2,400. R offers the tables for

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sale at $100 each for an aggregate retail margin protection payment or other beginning after the date these selling price of $4,000. R does not sell any allowance. regulations are published as final tables at a price of $100, so R permanently (ii) Under paragraph (b)(2)(iii)(B) of this regulations in the Federal Register. marks down the retail selling price of its section, R excludes the markdowns from the tables to $90 each. As a result of the $10 denominator of the cost complement. Steven T. Miller, markdown, R’s supplier provides R a $6 per Therefore, R’s cost complement is $2,400/ Deputy Commissioner for Services and table margin protection payment. R sells 25 $4,000, or 60 percent. Enforcement. tables during 2010 and has 15 tables in (iii) Under paragraph (b)(3) of this section, ending inventory at the end of 2010. R includes the markdowns in determining [FR Doc. 2011–25946 Filed 10–6–11; 8:45 am] (ii) Under paragraph (b)(2)(i)(A) of this year-end retail selling prices. Therefore, the BILLING CODE 4830–01–P section, the numerator of the cost aggregate retail selling price of R’s ending complement is the aggregate cost of the inventory is $750 (15 * $50). Approximating tables. Under paragraph (b)(2)(iii)(A) of this LCM under the retail method, the value of R’s section, R may not reduce the numerator of ending inventory is $450 (60 percent * $750). DEPARTMENT OF HOMELAND the cost complement by the amount of the Example 3. (i) The facts are the same as in SECURITY margin protection payment. Under paragraph Example 1, except that R uses the LIFO (b)(2)(i)(B) of this section, the denominator of inventory method. R must value inventories Federal Emergency Management the cost complement is the aggregate of the at cost and, under paragraph (c) of this Agency bona fide retail selling prices of all the tables section, uses the retail method to at the time acquired. Under paragraph approximate cost. (b)(2)(iii)(B) of this section, R excludes the (ii) Under paragraph (b)(2)(i)(A) of this 44 CFR Part 67 markdown from the denominator of the cost section, R reduces the numerator of the cost complement. Therefore, R’s cost complement complement by the amount of the margin [Docket ID FEMA–2010–0003; Internal is $2,400/$4,000, or 60 percent. protection payment. Under paragraph Agency Docket No. FEMA–B–1101] (iii) Under paragraph (b)(3) of this section, (b)(2)(i)(B) of this section, R includes the R includes the permanent markdown in markdown in the denominator of the cost Proposed Flood Elevation determining year-end retail selling prices. complement. Therefore, R’s cost complement Determinations Therefore, the aggregate retail selling price of is $2,160/$3,600, or 60 percent. R’s ending table inventory is $1,350 (15 * (iii) Under paragraph (b)(3) of this section, Correction $90). Approximating LCM under the retail R includes the markdown in determining method, the value of R’s ending table year-end retail selling prices. Therefore, the In proposed rule document 2011– inventory is $810 (60 percent * $1,350). aggregate retail selling price of R’s ending 19545 appearing on pages 46715–46716 Example 2. (i) The facts are the same as in inventory is $1,350 (15 * $90). in the issue of August 3, 2011, make the Example 1, except that R permanently Approximating cost under the retail method, following correction: reduces the retail selling price of all 40 tables the value of R’s ending inventory is $810 (60 In the proposed rule document 2011– to $50 per unit and the 15 tables on hand at percent * $1,350). the end of the year are marked for sale at that 19545, the table appearing on pages price. In contrast to the $10 markdown, the (f) Effective/applicability date. This 46715–46716 was printed incorrectly. It additional $40 markdown is unrelated to a section applies to taxable years was corrected and appears below:

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

Anne Arundel County, Maryland, and Incorporated Areas

Cabin Branch ...... Approximately 122 feet downstream of Chessie + 8 + 7 Unincorporated Areas System. of Anne Arundel County. Approximately 325 feet upstream of Andover + 115 + 118 Road. Franklin Branch ...... At the Midway Branch confluence ...... None + 127 Unincorporated Areas of Anne Arundel County. Approximately 780 feet upstream of Clark None + 214 Road. Hall Creek ...... At the most downstream Calvert County bound- + 43 + 40 Unincorporated Areas ary. of Anne Arundel County. At the most upstream Calvert County boundary + 54 + 52 Little Patuxent River ...... Approximately 600 feet upstream of the Patux- + 43 + 46 Unincorporated Areas ent River confluence. of Anne Arundel County. Approximately 1,456 feet upstream of Brock + 130 + 132 Bridge Road. Marley Creek ...... Approximately 485 feet upstream of Arundel + 8 + 7 Unincorporated Areas Expressway. of Anne Arundel County. Approximately 165 feet upstream of Elevation + 28 + 26 Road.

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Midway Branch ...... At the Little Patuxent River confluence ...... + 76 + 85 Unincorporated Areas of Anne Arundel County. Approximately 0.58 mile upstream of Clark None + 211 Road. Patapsco River ...... Approximately 0.77 mile downstream of the + 9 + 12 Unincorporated Areas Harbor Tunnel Thruway. of Anne Arundel County. Approximately 200 feet upstream of I–195 ...... + 25 + 26 Patuxent River ...... Approximately 0.56 mile downstream of South- + 9 + 8 Unincorporated Areas ern Maryland Boulevard. of Anne Arundel County. Approximately 0.57 mile upstream of Laurel + 139 + 140 Fort Meade Road. Sawmill Creek ...... At the upstream side of Crain Highway ...... + 8 + 10 Unincorporated Areas of Anne Arundel County. Approximately 400 feet upstream of Wash- None + 105 ington Baltimore and Annapolis Road. Severn Run ...... Approximately 0.43 mile downstream of Vet- + 6 + 7 Unincorporated Areas erans Highway. of Anne Arundel County. Approximately 0.5 mile upstream of Telegraph + 97 + 98 Road.

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. * * BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Anne Arundel County Maps are available for inspection at the Anne Arundel County Permit Application Center, 2664 Riva Road, Annapolis, MD 21401.

[FR Doc. C1–2011–19545 Filed 10–6–11; 8:45 am] SUMMARY: The Audio Division, on its ADDRESSES: Secretary, Federal BILLING CODE 1505–01–D own motion, proposes the deletion of Communications Commission, 445 twenty vacant allotments in various Twelfth Street, SW., Washington, DC communities in Arkansas, Georgia, 20554. Illinois, Louisiana, Michigan, Missouri, FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: Montana, Oklahoma, Texas, and COMMISSION Rolanda F. Smith, Media Bureau, (202) Wisconsin. These vacant allotments 418–2180. 47 CFR Part 73 have been auctioned through our competitive bidding process, and are SUPPLEMENTARY INFORMATION: This is a [DA 11–1523; MB Docket No. 11–147] considered unsold permits that were synopsis of the Commission’s Notice of included in Auction 91. Interested Proposed Rule Making, MB Docket No. Radio Broadcasting Services; Alamo, parties should file comments expressing 11–147, adopted September 8, 2011, and GA; Alton, MO; Boscobel, WI; Buffalo, an interest in the vacant allotments to released September 9, 2011. The full OK; Cove, AR; Clayton, LA; Daisy, AR; prevent their removal. Moreover, text of this Commission decision is Ennis, MT; Erick, OK; Grayville, IL; interested parties must provide an available for inspection and copying Harrison, MI; Haworth, OK; Leedey, explanation as to why they did not during normal business hours in the OK; Owen, WI; Reydon, OK; Taloga, FCC’s Reference Information Center at OK; Thomas, OK; Tigerton, WI; participate in our competitive bidding process. Portals II, CY–A257, 445 Twelfth Street, Weinert, TX; and Wright City, OK SW., Washington, DC 20554. This AGENCY: Federal Communications DATES: Comments must be filed on or document may also be purchased from Commission. before October 31, 2011, and reply the Commission’s duplicating comments on or before November 15, contractors, Best Copy and Printing, ACTION: Proposed rule. 2011. Inc., 445 12th Street, SW., Room CY–

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B402, Washington, DC 20554, telephone Haworth, Channel 294A; Leedey, rulemaking process, NMFS would 1–800–378–3160 or via e-mail http:// Channel 297A; Reydon, Channel 264C2; amend the 2006 Consolidated Highly www.BCPIWEB.com. This document Taloga, Channel 226A; Thomas, Migratory Species (HMS) Fishery does not contain proposed information Channel 288A; and Wright City, Management Plan (FMP) and examine collection requirements subject to the Channel 226A. management alternatives available to Paperwork Reduction Act of 1995, i. Remove Weinert, under Texas, rebuild these shark stocks and end Public Law 104–13. In addition, Channel 266C3. overfishing, as necessary. To begin therefore, it does not contain any j. Remove Boscobel, under Wisconsin, scoping for that rulemaking process, proposed information collection burden Channel 244C3; Owen, Channel 242C3; NMFS is requesting comments on a ‘‘for small business concerns with fewer and Tigerton, Channel 295A. range of commercial and recreational than 25 employees,’’ pursuant to the [FR Doc. 2011–26028 Filed 10–6–11; 8:45 am] management measures, in both directed Small Business Paperwork Relief Act of BILLING CODE 6712–01–P and incidental fisheries, including, but 2002, Public Law 107–198, see 44 U.S.C. not limited to, quota levels, regional and 3506(c)(4). seasonal quotas, retention limits, gear Provisions of the Regulatory modifications, and time/area closures. DEPARTMENT OF COMMERCE Flexibility Act of 1980 do not apply to DATES: Five scoping meetings and a this proceeding. National Oceanic and Atmospheric conference call will be held from Members of the public should note Administration October through December 2011. See that from the time a Notice of Proposed SUPPLEMENTARY INFORMATION for meeting Rule Making is issued until the matter 50 CFR Part 635 and call dates and locations. Scoping is no longer subject to Commission comments must be received no later consideration or court review, all ex RIN 0648–BB29 than 5 p.m., local time, on December 31, parte contacts are prohibited in 2011. Commission proceedings, such as this Atlantic Highly Migratory Species; Atlantic Shark Management Measures ADDRESSES: Scoping meetings will be one, which involve channel allotments. held in Galloway, New Jersey; See 47 CFR 1.1204(b) for rules AGENCY: National Marine Fisheries Morehead City, North Carolina; Panama governing permissible ex parte contacts. Service (NMFS), National Oceanic and City and Fort Pierce, Florida; and Belle For information regarding proper Atmospheric Administration (NOAA), Chasse, Louisiana. See SUPPLEMENTARY filing procedures for comments, see Commerce. INFORMATION for dates and locations. 47 CFR 1.415 and 1.420. ACTION: Stock Status Determinations; You may also submit comments on this List of Subjects in 47 CFR Part 73 Notice of Intent (NOI) to prepare an document, identified by NOAA–NMFS– Radio, Radio broadcasting. Environmental Impact Statement (EIS); 2011–0229, by any of the following request for comments. methods: Federal Communications Commission. • Electronic Submission: Submit all Nazifa Sawez, SUMMARY: Based on the 2010/2011 electronic public comments via the Assistant Chief, Audio Division, Media Southeast Data, Assessment and Review Federal e-Rulemaking Portal http:// Bureau. (SEDAR) assessments for sandbar, www.regulations.gov. To submit For the reasons discussed in the dusky, and blacknose sharks, NMFS is comments via the e-Rulemaking Portal, preamble, the Federal Communications declaring the following stock status first click the ‘‘submit a comment’’ icon, Commission proposes to amend 47 CFR determinations. Sandbar sharks are still then enter NOAA–NMFS–2011–0229 in part 73 as follows: overfished, but no longer experiencing the keyword search. Locate the overfishing. Dusky sharks are still document you wish to comment on PART 73—RADIO BROADCAST overfished and still experiencing from the resulting list and click on the SERVICES overfishing (i.e., their stock status has ‘‘Submit a Comment’’ icon on the right not changed). Blacknose sharks were of that line. 1. The authority citation for part 73 • continues to read as follows: assessed as two separate stocks for the Mail: Submit written comments to first time in the 2010/2011 assessment Peter Cooper, 1315 East-West Highway, Authority: 47 U.S.C. 154, 303, 334, 336. (Atlantic and Gulf of Mexico); therefore, Silver Spring, MD 20910. Please mark § 73.202 [Amended] NMFS is making separate stock status the outside of the envelope ‘‘Scoping determinations for the two blacknose 2. Amend § 73.202(b) Table of FM Comments on Amendment 5 to HMS shark stocks. The Atlantic stock is FMP.’’ Allotments as follows: • a. Remove Cove, under Arkansas, overfished and experiencing Fax: (301) 713–1917. Attn: Peter Cove, Channel 232A and Daisy, Channel overfishing, and the status of the Gulf of Cooper. 293C3. Mexico stock is unknown. Scalloped Comments must be submitted by one b. Remove Alamo, under Georgia, hammerhead sharks were previously of the above methods to ensure that the Channel 287C3. determined to be overfished and comments are received, documented, c. Remove Grayville, under Illinois, experiencing overfishing by NMFS in and considered by NMFS. Comments Channel 229A. April 2011. As such, NMFS announces sent by any other method, to any other d. Remove Clayton, under Louisiana, its intent to prepare an EIS under the address or individual, or received after Channel 266A. National Environmental Policy Act the end of the comment period, may not e. Remove Harrison, under Michigan, (NEPA). This EIS would assess the be considered. All comments received Channel 280A. potential effects on the human are a part of the public record and will f. Remove Alton, under Missouri, environment of action proposed through generally be posted for public viewing Channel 290A. rulemaking to rebuild and end on http://www.regulations.gov without g. Remove Ennis, under Montana, overfishing of these stocks, consistent change. All personal identifying Channel 254C2. with the Magnuson-Stevens Fishery information (e.g., name, address, etc.) h. Remove Buffalo, under Oklahoma, Conservation and Management Act submitted voluntarily by the sender will Channel 224C2; Erick, Channel 259C2; (Magnuson-Stevens Act). Through the be publicly accessible. Do not submit

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confidential business information, or these assessments, SEDAR used two quotas for each stock, which are a subset otherwise sensitive or protected face-to-face workshops and a series of of the ACL or TAC. Copies of the final information. NMFS will accept webinars. The Data Workshop was a 2010/2011 SEDAR 21 Stock Assessment anonymous comments (enter ‘‘N/A’’ in week-long face-to-face meeting, during Reports for each species are available the required fields if you wish to remain which fisheries, monitoring, and life (see ADDRESSES). history data were reviewed and anonymous). Attachments to electronic A. Sandbar Sharks comments will be accepted in Microsoft compiled. The SEDAR 21 Data Word or Excel, WordPerfect, or Adobe Workshop was held June 21–25, 2010, The 2010/2011 sandbar shark stock PDF file formats only. in Charleston, SC (May 4, 2010, 75 FR assessment provides an update from the For a copy of the stock assessments, 23676). The Assessment Process was 2005/2006 stock assessment on the please contact Peter Cooper (301) 427– conducted via a series of webinars, status of the stock and projects their 8503. during which assessment models were future abundance under a variety of catch levels in the U.S. Atlantic Ocean, FOR FURTHER INFORMATION CONTACT: developed and population parameters Gulf of Mexico, and Caribbean Sea. Karyl Brewster-Geisz or Peter Cooper at were estimated using the information Based on the 2005/2006 assessment, (301) 427–8503, or Jackie Wilson at provided from the Data Workshop. The sandbar sharks were determined to be (240) 338–3936, or online at http:// SEDAR 21 Assessment Process was held overfished and experiencing www.nmfs.noaa.gov/sfa/hms/ or http:// via 18 webinars between September overfishing. NMFS established a www.sefsc.noaa.gov/sedar/Index.jsp. 2010 and January 2011 (August 26, 2010, 75 FR 52510; October 12, 2010, 75 rebuilding plan for this species in July SUPPLEMENTARY INFORMATION: The FR 62506; November 17, 2010, 75 FR 2008. The 2010/2011 assessment Atlantic shark fisheries are managed 70216; December 16, 2010, 75 FR includes updated catch estimates, new under the authority of the Magnuson- 78679). Finally, the Review Workshop biological data, and a number of fishery- Stevens Act. The 2006 Consolidated was a week-long face-to-face meeting independent and fishery-dependent HMS FMP is implemented by during which independent experts catch rate series. regulations at 50 CFR part 635. reviewed the input data, assessment The base model used in the 2010/ Determination of Overfished Shark methods, and assessment products. The 2011 sandbar assessment, an age- Fisheries Review Workshop for these assessments structured production model, indicated was held in Annapolis, MD, on April that the stock is overfished (spawning NMFS’ determination of the status of 18–22, 2011 (March 15, 2011, 76 FR stock fecundity [SSF]2009/SSFMSY=0.66), a stock relative to overfishing and an 13985). All meetings were open to the but no longer experiencing overfishing overfished condition is based on both public, and all materials from these (F2009/FMSY=0.62). In addition, 20 the exploitation rate and the current meetings are available on the SEDAR sensitivity runs were performed stock size. Thresholds used to Web site or upon request. throughout the assessment cycle. The determine the status of Atlantic HMS The final 2010/2011 stock assessment Review Panel selected seven sensitivity are fully described in Chapter 3 of the reports for sandbar, dusky, and runs in addition to the base model to 1999 FMP for Atlantic Tunas, blacknose sharks in the U.S. Atlantic assess the underlying states of nature of Swordfish, and Shark, and were fully and Gulf of Mexico were recently the stock. Current biomass (i.e., SSF) adopted in the 2006 Consolidated HMS completed (76 FR 61092, October 3, values from these selected sensitivity FMP. A species is considered overfished 2011). In each assessment, a base model runs all indicated that the stock is when the current biomass is less than was used to assess the individual overfished (SSF2009/SSFMSY=0.51–0.72). the minimum stock size threshold. The populations. In addition, numerous In addition, current F values from most minimum stock size threshold is sensitivity analyses were conducted of the selected sensitivity runs indicated determined based on the natural during the assessment cycle for each that the stock is currently not mortality of the stock and the biomass assessment, which provided verification experiencing overfishing (F2009/ at maximum sustainable yield (BMSY). that the results of the assessment were FMSY=0.29–0.93); whereas the low Maximum sustainable yield is the robust to the assumptions about the productivity sensitivity run indicated maximum long-term average yield that underlying stock productivity and overfishing is occurring (F2009/ can be produced by a stock on a assumed levels of removal. Of these FMSY=2.62). The assessment scientists, continuing basis. The biomass can be sensitivity runs, the Review Panel of the however, noted that the low and high lower than BMSY, and the stock not SEDAR 21 Review Panel Workshop productivity scenarios were unlikely to declared overfished, as long as the selected which runs represented represent the true state of nature of the biomass is above the biomass at the plausible ‘‘states of nature’’ of the stocks stock. Based on this, NMFS has minimum stock size threshold. and requested projections of these and determined that sandbar sharks are still Overfishing may be occurring on a the base model. The ranges based on overfished, but are no longer species if the current fishing mortality is these selected sensitivity runs and the experiencing overfishing. Projections of greater than the fishing mortality (F) at base models are given below. However, the base model indicated that there is a maximum sustainable yield (FMSY) details on the different sensitivity 70 percent probability of rebuilding by (F>FMSY). In the case of F, the maximum analyses and projections are provided in 2066 with a TAC of 178 metric tons (mt) fishing mortality threshold is FMSY. the SEDAR 21 Stock Assessment Report whole weight (ww) (128 mt dressed Thus, if F exceeds FMSY, the stock is for each assessment. weight [dw]). There is a 50 percent experiencing overfishing. In the following stock assessment probability of rebuilding by 2066 with a Recent assessments of sandbar, dusky, summaries, total allowable catch (TAC) TAC of 286 mt ww (205.8 mt dw). The and blacknose sharks were completed is equal to the annual catch limit (ACL) rebuilding year determined from the through the SEDAR process (SEDAR for all fisheries that interact with the base model in the 2010/2011 assessment 21). The SEDAR process is a cooperative species, including directed commercial, was calculated as the year the stock process initiated in 2002 to improve the incidental commercial, and recreational would rebuild with no fishing pressure quality and reliability of fishery stock fisheries. After accounting for the (i.e., F=0), or 2046, plus one generation assessments in the South Atlantic, Gulf mortality associated with other time (the generation time for sandbar of Mexico, and U.S. Caribbean. For fisheries, NMFS is able to establish sharks is 20 years). The target year for

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rebuilding ranged from 2047 to 2360 could rebuild within 100 to 400 years. For the Atlantic blacknose shark depending on the state of nature (i.e., The rebuilding year determined from stock, the base model used for the 2010/ sensitivity run) of the stock. In addition, the base model in the 2010/2011 2011 assessment, an age-structured it was determined that the current TAC assessment was calculated as the year production model, showed that Atlantic for the fishery (i.e., 220 mt ww or 158.3 the stock would rebuild with no fishing blacknose sharks are overfished mt dw) could result in a greater than 70 pressure (i.e., F=0), or 2059, plus one (SSF2009/SSFMSY=0.60) and percent probability of rebuilding by the generation time (the generation time for experiencing overfishing (F2009/ current rebuilding date of 2070. dusky sharks is 40 years) or 2099. The FMSY=5.02). In addition, 14 sensitivity target year for rebuilding ranged from B. Dusky Sharks analyses were performed over the 2081 to 2257 depending on the state of assessment cycle. The Review Panel The 2010/2011 dusky stock nature (i.e., sensitivity run) of the stock. selected five sensitivity runs in addition assessment provided an update to the The base model indicated that the to the base model to assess the 2006 dusky assessment. This is the first current fishing mortality (F2009=0.06) assessment for dusky sharks conducted would have to be reduced by more than underlying states of nature of the stock. within the SEDAR process. Based on the half (to F=0.02) in order to have a 70 Current biomass (i.e., SSF) values from 2006 assessment, dusky sharks were percent probability of rebuilding by these selected sensitivity runs all determined to be overfished and 2099. The base model also estimated indicated that the stock is overfished experiencing overfishing. NMFS that with the current fishing mortality (SSF2009/SSFMSY=0.43–0.64). In established a rebuilding plan for this rate there is a low probability (11 addition, current F values from the species in July 2008. The base model percent) of stock recovery by 2408 (or selected sensitivity runs indicated that used for the 2010/2011 assessment, an 400 years). the stock is currently experiencing age-structured catch-free production overfishing (F /F =3.26–22.53). C. Blacknose Sharks 2009 MSY model, showed that dusky sharks Based on this, NMFS has determined continue to be overfished (spawning The 2010/2011 blacknose shark stock that the Atlantic blacknose shark stock stock biomass [SSB]2009/SSBMSY=0.44) assessment provides an update from the is overfished and experiencing and are still experiencing overfishing 2007 blacknose shark stock assessment. overfishing. Projections of the base (F2009/FMSY=1.59). In addition, 19 However, unlike the 2007 assessment, model indicated that the stock could sensitivity analyses were performed the 2010/2011 assessment assessed rebuild by 2043 with a TAC of 7,300 during the assessment cycle. The blacknose sharks for the first time as blacknose sharks. The rebuilding year Review Panel selected four sensitivity two separate stocks: a Gulf of Mexico determined from the base model in the runs in addition to the base model to and an Atlantic stock. In addition, 2010/2011 assessment was calculated as assess the underlying states of nature of because the assessment model for the the stock. Current biomass (i.e., SSB) Gulf of Mexico stock was unable to fit the year the stock would rebuild with values from these selected sensitivity the apparent trends in some of the no fishing pressure (i.e., F=0), or 2034, runs all indicated that the stock is abundance indices and there was a plus one generation time (the generation time for Atlantic blacknose sharks is 9 overfished (SSB2009/SSBMSY=0.41–0.50). fundamental lack of fit of the model to In addition, current F values from the some of the input data, the Review years). The target year for rebuilding selected sensitivity runs indicated that Panel of the SEDAR 21 Review Panel ranged from 2033 to 2086 depending on the stock is currently experiencing Workshop did not accept the stock the state of nature (i.e., sensitivity run) overfishing (F2009/FMSY=1.39–4.35). assessment for the Gulf of Mexico of the stock. Thus, Atlantic blacknose Based on this, NMFS has determined blacknose stock. Therefore, NMFS is sharks would not be able to rebuild by that dusky sharks are still overfished declaring the status of the Gulf of the current rebuilding target of 2027 and experiencing overfishing. The 2006 Mexico blacknose shark stock as under the current fishery-wide TAC of assessment predicted that dusky sharks unknown. 19,200 blacknose sharks.

TABLE 1—SUMMARY TABLE OF BIOMASS AND FISHING MORTALITY FOR THE 2010/2011 SEDAR SHARK STOCK ASSESSMENTS [Age-Structured Production Models (ASPMs) Were Used for Sandbar and Blacknose Sharks, and an Age-Structured Catch-Free Production Model (ASCFM) Was Used for Dusky Sharks]

Maximum Current Maximum Current Minimum fishing Current sustainable stock size relative Species relative biomass yield fishing mor- mortality Outlook biomass ) biomass threshold tality rate threshold level* (SSF2009 (MSST) (SSFMSY) (F2009/FMSY) (FMSY)

Sandbars sharks ...... 0.51–0.72 215,900– 349,330– 395,922– 0.29–2.62† 0.004–0.06 Overfished; overfishing is (SSF2009/ 984,770 1,377,800 423,622 not occurring. SSFMSY) Dusky sharks ...... 0.41–0.50 **NA **NA **NA 1.39–4.35 0.01–0.05 Overfished; Overfishing is (SSB2009/ occurring. SSBMSY) Atlantic blacknose sharks 0.43–0.64 38,816– 77,577– 72,607– 3.26–22.53 0.01–0.15 Overfished; Overfishing is (SSF2009/ 168,300 288,360 77,447 occurring. SSFMSY) Gulf of Mexico blacknose ***NA ***NA ***NA ***NA ***NA ***NA ***NA sharks. * Spawning stock fecundity (SSF) or spawning stock biomass (SSB) was used as a proxy of biomass. ** An age-structured catch-free production model was used for the dusky shark stock assessment; therefore, absolute estimates of number of sharks are not available.

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*** The Gulf of Mexico blacknose shark stock assessment was rejected because the model was unable to fit the apparent trends in some of the abundance indices and there was a fundamental lack of fit of the model to some of the input data; therefore, estimates are not available. † F values from most of the selected sensitivity runs indicated that the stock is currently not experiencing overfishing (F2009/FMSY=0.29–0.93) whereas the low productivity sensitivity run indicated overfishing is occurring (F2009/FMSY=2.62). The assessment scientists, however, noted that the low and high productivity scenarios were unlikely to represent the true state of nature of the stock.

Request for Comments blacknose shark quota of 19.9 mt dw, blacknose and scalloped hammerhead which is adjusted each year for any sharks, must be offloaded with all their Currently, both commercial and overharvest in past fishing years. fins naturally attached. recreational fishermen may target Commercial regulations for scalloped blacknose sharks. However, dusky NMFS anticipates changes to shark hammerhead sharks include, but are not sharks are prohibited in all fisheries, management as a result of the latest limited to, a trip limit of 33 non-sandbar stock assessments through the and sandbar sharks are only allowed to LCS for directed shark permit holders be commercially harvested within a rulemaking process and requests and a trip limit of 3 non-sandbar LCS for comments on potential future limited Shark Research Fishery. incidental shark permit holders. management options for this action. Recreational anglers are not allowed to Scalloped hammerhead sharks are part Five scoping meetings and a conference retain sandbar sharks. In addition, of the non-sandbar LCS annual quota of call will be held (see Table 2 for meeting scalloped hammerhead sharks, which 578.3 mt dw, which is split between the times and locations) to provide the were recently determined to be Gulf of Mexico (390.5 mt dw) and the overfished and experiencing overfishing Atlantic (187.8 mt dw). This quota is opportunity for public comment on (April 28, 2011, 76 FR 23794), are also adjusted each year for any potential shark management measures. managed within the non-sandbar large overharvest from past fishing years. These comments will be used to assist coastal shark (LCS) complex and are Recreational regulations for blacknose in the development of the upcoming caught in recreational and commercial and scalloped hammerhead sharks amendment to the 2006 Consolidated fisheries targeting sharks and in include, but are not limited to, retention Atlantic HMS FMP. Based on the commercial pelagic longline (PLL) limit of 1 shark per vessel per trip with assessment results, NMFS will focus on fisheries targeting tuna and swordfish. a 4.5-ft (54-in) fork length minimum dusky sharks, which are already However, scalloped hammerhead sharks size, although blacknose sharks rarely prohibited but found to still be may only be retained when caught in reach this minimum size. experiencing overfishing; scalloped directed recreational and commercial Within the sandbar Shark Research hammerhead sharks, which are often shark fisheries, and they are not allowed Fishery, sandbar shark harvest is brought to the vessel dead and whose to be retained when caught in contingent upon the conditions of a retention is limited in certain fisheries; association with tuna and tuna-like Shark Research Fishery Permit, which is and Atlantic and Gulf of Mexico fisheries, such as tuna and swordfish issued on an annual basis. There is an blacknose sharks, which may require PLL fisheries per a recent final rule annual quota of 116.6 mt dw for sandbar regional management. It appears that (August 29, 2011, 76 FR 53652). sharks, and as with quotas for blacknose current management measures for Commercial regulations for blacknose sharks and non-sandbar LCS, this quota sandbar sharks may remain appropriate, sharks include, but are not limited to, is adjusted each year for any overharvest with the current TAC having a high no retention limit for directed shark in past fishing years. Vessels probability of rebuilding within the permit holders, 16 pelagic and small participating in the Shark Research rebuilding timeframe. Because of the coastal shark (SCS) species combined Fishery must carry federal fisheries mixed nature of the fisheries, it is likely per vessel per trip for incidental shark observers whenever harvesting sandbar that any changes could affect effort and permit holders, and an annual sharks, and all sharks, including mortality for all sharks.

TABLE 2—TIME AND LOCATIONS OF THE FIVE SCOPING MEETINGS AND CONFERENCE CALL

Date Time Meeting location Meeting address

October 12, 2011 ...... 7–9 p.m...... Dolce Seaview Resort ...... 401 South New York Road, Gallo- way, NJ 08205. October 26, 2011 ...... 5–7 p.m...... Belle Chasse Auditorium ...... 8398 HWY. 23, Belle Chasse, LA 70037. November 2, 2011 ...... 4:30–6:30 p.m...... Southeast Fisheries Science Center, 3500 Delwood Beach Drive, Pan- Panama City Laboratory. ama City, FL 32408. November 3, 2011 ...... 4:30–6:30 p.m...... Fort Pierce Branch Library ...... 101 Melody Lane, Fort Pierce, FL 34950. December 7, 2011...... 4:30–6:30 p.m...... North Carolina Division of Marine 5285 HWY. 70 West/Arendell Street, Fisheries, Central District Office. Morehead City, NC 28557. December 15, 2011 ...... 2–4 p.m...... Conference Call ...... To participate, please call: 888–989– 7538; Passcode: 3994893.

In addition to the five scoping Fishery Management Councils) and the NMFS requests comments on meetings and conference call, NMFS has Atlantic and Gulf States Marine potential commercial management requested to present the issues and Fisheries Commissions during the options including, but not limited to, options presentation to the five Atlantic public comment period. Please see the quota levels, regional and seasonal Regional Fishery Management Councils Councils’ and Commissions’ fall quotas, trip limits, minimum sizes, gear (the New England, Mid-Atlantic, South meeting notices for times and locations. and effort modifications, time/area Atlantic, Gulf of Mexico, and Caribbean closures, and prohibited species. In

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addition, NMFS is seeking comments on and options presentation that Based on the 2010/2011 stock recreational management options summarizes the scalloped hammerhead, assessments, NMFS believes the including, but not limited to, retention sandbar, dusky, and blacknose stock implementation of new management limits, minimum sizes, authorized gears, assessments, and offers preliminary measures via the rulemaking process to and prohibited species. NMFS also ideas on potential management amend the 2006 Consolidated HMS seeks comments on display quotas and approaches to address overfishing on/ FMP is necessary to rebuild Atlantic collection of sharks through exempted overfished stocks in order to encourage shark stocks. NMFS anticipates fishing permits, display permits, and and initiate public comment. The completing this amendment and any scientific research permits. Comments scoping meetings will focus on the related documents in April of 2013. received during scoping will assist issues raised in the issues and options Dated: October 4, 2011. NMFS in determining the options for presentation. NMFS welcomes future proposed rulemaking to conserve additional thoughts and comments on Steven Thur, and manage shark resources and shark appropriate management measures. The Acting Director, Office of Sustainable fisheries, consistent with the Magnuson- issues/options presentation is available Fisheries, National Marine Fisheries Service. Stevens Act and the 2006 Consolidated online and by request (see FOR FURTHER [FR Doc. 2011–26021 Filed 10–4–11; 4:15 pm] HMS FMP. NMFS has drafted an issues INFORMATION CONTACT). BILLING CODE 3510–22–P

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Notices Federal Register Vol. 76, No. 195

Friday, October 7, 2011

This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF AGRICULTURE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. Agricultural Marketing Service public. Notices of hearings and investigations, committee meetings, agency decisions and Risk Management Agency [Document Number AMS–NOP–11–0081; rulings, delegations of authority, filing of NOP–11–15] petitions and applications and agency Title: Acreage/Crop Reporting statements of organization and functions are Streamlining Initiative. Notice of Meeting of the National examples of documents appearing in this Organic Standards Board section. OMB Control Number: 0563–NEW. Summary of Collection: Section AGENCY: Agricultural Marketing Service, 508(f)(3) of the Federal Crop Insurance USDA. DEPARTMENT OF AGRICULTURE Act (7 U.S.C. 1515); 7 U.S.C. 7333(b)(3); ACTION: Notice of meeting. 7 CFR 457.8 and 7 CFR 1437.7(d) Submission for OMB Review; SUMMARY: In accordance with the mandates the collection of acreage and Comment Request Federal Advisory Committee Act, as production information from producers amended, the Agricultural Marketing October 3, 2011. who wish to participate in certain Service (AMS) is announcing a The Department of Agriculture has USDA programs. The Farm Service forthcoming meeting of the National submitted the following information Agency (FSA) and the Risk Management Organic Standards Board (NOSB). collection requirement(s) to OMB for Agency (RMA) are implementing the DATES: The meeting dates are Tuesday, review and clearance under the Acreage/Crop Reporting Streamlining November 29, 2011, 8 a.m. to 5:30 p.m.; Paperwork Reduction Act of 1995, Initiative (ACRSI), a Web-based single Wednesday, November 30, 2011, 8 a.m. Public Law 104–13. Comments source reporting system to establish a to 5:30 p.m.; Thursday, December 1, regarding (a) whether the collection of single reporting and data collection. 2011, 8 a.m. to 5 p.m.; and Friday, information is necessary for the proper December 2, 2011, 8 a.m. to 5:30 p.m. performance of the functions of the Need and Use of the Information: Pre-registration requests for public agency, including whether the This new initiative will reengineer the comments at the meeting are due by information will have practical utility; procedures, processes, and standards to midnight Eastern Time on Sunday, (b) the accuracy of the agency’s estimate simplify commodity, acreage and November 13, 2011. Written comments of burden including the validity of the production reporting by producers, methodology and assumptions used; (c) eliminate or minimize duplication of received after November 13, 2011 may ways to enhance the quality, utility and information collection by multiple not be reviewed by the NOSB before the clarity of the information to be agencies and reduce the burden on meeting. collected; (d) ways to minimize the producers, insurance agents and AIPs. ADDRESSES: The meeting will take place burden of the collection of information Information being collected will consist at the Hilton Savannah Desoto Hotel, 15 on those who are to respond, including of, but not be limited to: Producer name, East Liberty Street, Savannah, GA through the use of appropriate 31401. location state, commodity name, • automated, electronic, mechanical, or commodity type or variety, location View NOSB meeting agenda and other technological collection county, date planted, land location draft recommendations at http:// www.ams.usda.gov/nop. Requests for techniques or other forms of information (legal description, FSA farm number, copies of these materials may be sent to technology should be addressed to: Desk FSA track number, FSA field number), Ms. Lorraine Coke, National Organic Officer for Agriculture, Office of intended use, prevented planting acres, Information and Regulatory Affairs, Standards Board, USDA–AMS–NOP, acres planted but failed, planted acres, Office of Management and Budget 1400 Independence Ave., SW., Room and production of commodity (OMB), 2646–So., Mail Stop 0268, Washington, [email protected] or produced. Failure to collect the DC 20250–0268; Phone: (202) 720–3252; fax (202) 395–5806 and to Departmental applicable information could result in [email protected]. Clearance Office, USDA, OCIO, Mail unearned Federal benefits being issued • Submit written comments at Stop 7602, Washington, DC 20250– or producers being denied eligibility to http://www.ams.usda.gov/ 7602. Comments regarding these program benefits. nosbsavannah. Comments received after information collections are best assured Description of Respondents: November 13, 2011, may not be of having their full effect if received Individuals and households. reviewed by the NOSB before the meeting. Written comments may also be within 30 days of this notification. Number of Respondents: 293,000. Copies of the submission(s) may be submitted via mail to Ms. Lorraine obtained by calling (202) 720–8681. Frequency of Responses: Reporting: Coke, National Organic Standards An agency may not conduct or One time. Board, USDA–AMS–NOP, 1400 sponsor a collection of information Total Burden Hours: 358,925. Independence Ave., SW., Room 2646–S, unless the collection of information Mail Stop 0268, Washington, DC 20250– displays a currently valid OMB control Charlene Parker, 0268. It is our intention to have all number and the agency informs Departmental Information Clearance Officer. comments—whether they are submitted potential persons who are to respond to [FR Doc. 2011–25943 Filed 10–6–11; 8:45 am] by mail or the internet—available for the collection of information that such BILLING CODE 3410–08–P viewing at http://www.ams.usda.gov/ persons are not required to respond to nosbsavannah.

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• Pre-register for a public comment Washington, DC, in March 1992, and exceeding five years unless the slot at the meeting at http:// currently has six subcommittees exemption or prohibition is reviewed www.ams.usda.gov/nosbsavannahslots working on various aspects of the and recommended for renewal by the or by calling (202) 720–3252. organic program. The committees are: NOSB and adopted by the Secretary of FOR FURTHER INFORMATION CONTACT: Ms. Compliance, Accreditation, and Agriculture. This expiration is Lorraine Coke, National Organic Certification; Crops; Handling; commonly referred to as sunset of the Standards Board, USDA–AMS–NOP, Livestock; Materials; and Policy National List. The National List appears 1400 Independence Ave., SW., Room Development. at 7 CFR part 205, subpart G. In August of 1994, the NOSB 2646–So., Mail Stop 0268, Washington, The principal purpose of NOSB provided its initial recommendations for DC 20250–0268; Phone: (202) 720–3252; meetings is to provide an opportunity the NOP to the Secretary of Agriculture. [email protected]. for the organic community to weigh in Since that time, the NOSB has on proposed NOSB recommendations SUPPLEMENTARY INFORMATION: Section submitted 269 addenda to its 2119 (7 U.S.C. 6518) of the Organic recommendations and reviewed more and discussion items. These meetings Foods Production Act of 1990 (OFPA), than 365 substances for inclusion on the also allow the NOSB to receive updates as amended (7 U.S.C. 6501 et seq.) National List of Allowed and Prohibited from the USDA/NOP on issues requires the establishment of the NOSB. Substances. The Department of pertaining to organic agriculture. The purpose of the NOSB is to make Agriculture (USDA) published its final Summary of April 2011 Meeting recommendations about whether a National Organic Program regulation in substance should be allowed or the Federal Register on December 21, At the spring 2011 meeting in Seattle, prohibited in organic production or 2000, (65 FR 80548). The rule became Washington the NOSB voted on the handling, to assist in the development effective April 21, 2001. final 28 materials listings that were of standards for substances to be used in In addition, the OFPA authorizes the scheduled to sunset in 2012 (see Table organic production, and to advise the National List of Allowed and Prohibited 1). Of the 28 materials, 21 were relisted, Secretary on other aspects of the Substances and provides that no 5 were relisted with amended implementation of the OFPA. The allowed or prohibited substance would annotations, and 2 were removed from NOSB met for the first time in remain on the National List for a period the National List.

TABLE 1—SUNSET 2012 MATERIAL LISTINGS VOTED TO BE RELISTED AT APRIL 2011 MEETING

Substance NOSB Recommendation

Synthetic substances allowed for use in organic crop production

Calcium hypochlorite ...... Relist with amended annotation ‘‘For pre-harvest use, residual chlorine levels in the water in direct crop contact or Chlorine dioxide as water from cleaning irrigation systems applied to soil must not exceed the maximum residual disinfectant limit Sodium hypochlorite under the Safe Drinking Water Act. For disinfecting or sanitizing equipment or tools or in edible sprout production, chlorine products may be used up to maximum labeled rates.’’ Copper sulfate ...... Relist. Copper hydroxide ...... Relist. Copper oxide ...... Relist. Copper oxychloride ...... Relist. Ethanol ...... Relist. Isopropanol ...... Relist. Newspapers or other ...... Relist. Plastic mulch covers ...... Relist. Newspapers or other ...... Relist. Pheromones ...... Relist. Sulfur dioxide ...... Remove from National List Vitamin D3 ...... Relist. Streptomycin ...... Relist with amended annotation ‘‘For fire blight control in apples and pears, only until October 21, 2014.’’ Lignin sulfonate ...... Relist. Magnesium sulfate ...... Relist. Ethylene gas ...... Relist. Sodium silicate ...... Relist. Lignin sulfonate ...... Relist. Magnesium sulfate ...... Relist. Ethylene gas ...... Relist. Sodium silicate ...... Relist. Lignin sulfonate ...... Relist.

Nonsynthetic substances prohibited for use in organic crop production

Sodium nitrate ...... Relist and remove annotation (complete prohibition).

Nonsynthetic substances allowed as ingredients in or on processed products labeled as ‘‘organic’’ or ‘‘made with organic’’

Enzymes ...... Relist. Potassium iodide ...... Relist.

Synthetic substances allowed as ingredients in or on processed products labeled as ‘‘organic’’ or ‘‘made with organic’’

Nutrient vitamins ...... Relist. Nutrient minerals ...... Relist.

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TABLE 1—SUNSET 2012 MATERIAL LISTINGS VOTED TO BE RELISTED AT APRIL 2011 MEETING—Continued

Substance NOSB Recommendation

Potassium iodide ...... Relist. Tocopherols ...... Relist.

The NOSB voted against relisting and animal oils—to the National List as prior to the Board’s vote on the status sulfur dioxide for use in organic crop a non-synthetic material and of the recommendation. production and potassium iodide for recommended extending the expiration Fall 2011 Meeting Agenda Items use as an ingredient in or on processed date for Tetracycline (for fire blight products labeled as ‘‘organic’’ or ‘‘made control in apples and pears) until The Crops Committee will present with organic.’’ In addition, the NOSB October 21, 2014. recommendations on material listings voted to remove the annotation for In additional to their review of for copper sulfate, ozone, peracetic acid, sodium nitrate on § 205.602 and materials, the NOSB also passed and calcium chloride, which are establish a complete prohibition by the recommendations that would: Amend scheduled to sunset in 2013 (see Table 2012 Sunset date. the definition of ‘‘chemical change,’’ 2). The Crops Committee will also Several petitioned materials were also and update three sections of their Policy present recommendations to the board reviewed at the meeting. The NOSB and Procedures Manual: Sections III and on four petitioned materials: recommended against listing Nickel as a IV, to harmonize the Vice Chair and Ammonium nonanoate, ferric phosphate micronutrient; Calcium acid Policy Development Committee job (to remove), indole-3-butyric acid, and pyrophosphate as a leavening agent; and descriptions; and Section V, procedures propane (odorized). The Crops Sodium acid pyrophosphate as a for completing committee Committee will also provide an update sequestrant on cooked and uncooked recommendations allowing the on fire blight in tree fruit and a produce. The NOSB recommended to presenting committee to convene and discussion document on EPA List 3 add attapulgite—used to clarify plant vote to withdraw its recommendation inerts.

TABLE 2—CROPS SUBSTANCES SCHEDULED TO SUNSET IN 2013 AND BE ADDRESSED AT FALL MEETING

Section Material Expiration date

Synthetic substances allowed for use in organic crop production ...... Copper sulfate ...... November 3, 2013. Ozone ...... November 3, 2013. Peracetic acid ...... November 3, 2013. Nonsynthetic substances prohibited for use in organic crop production ...... Calcium chloride ...... November 3, 2013.

The Livestock Committee will present listings scheduled to sunset in 2013 (see potassium hydroxide, sulfur dioxide, recommendations on animal welfare; Table 3). The Handling Committee will and silicon dioxide. Other Handling stocking rates, animal handling, transit, also present recommendations to the Committee recommendations include a and slaughter; and species-specific board on eight petitioned materials: recommendation amending the chlorine scorecards. They will also address Annatto extract, arachidonic acid (ARA) materials annotation. They will also animal husbandry. single-cell oil, beta-carotene, choline, provide an update on nutrient vitamins The Handling Committee will present docosahexaenoic acid (DHA) algal oil, and minerals. recommendations on three material

TABLE 3—HANDLING SUBSTANCES SCHEDULED TO SUNSET IN 2013 AND BE ADDRESSED AT FALL MEETING

Section Material Expiration date

Nonsynthetic substances allowed as ingredients in or on processed products Animal enzymes ...... November 3, 2013. labeled as ‘‘organic’’ or ‘‘made with organic. Tartaric acid (made from grape wine) ...... November 3, 2013. Synthetic substances allowed as ingredients in or on processed products la- Tartaric acid (made from malic acid) ...... November 3, 2013. beled as ‘‘organic’’ or ‘‘made with organic.

The Materials Committee will present sections of the NOSB Policy and Thursday, December 1, 2011 from 8 a.m. an aquaculture materials review update Procedures Manual: administrative to 5 p.m. The NOSB will accommodate and a research priorities framework team, committee transparency, conflict as many individuals and organizations discussion document. of interest, and NOSB member and as possible during these sessions. The Compliance, Accreditation, and leadership transition. The Policy Individuals and organizations wishing Certification Committee will present Development Committee will also to make oral presentations at the recommendations on the evaluation of present a discussion document on meeting should request one short time material review organizations, public comment procedures. slot by visiting http:// unannounced inspections, and The Meeting is Open to the Public. www.ams.usda.gov/nosbsavannahslots inspector qualifications. The NOSB has scheduled time for or by calling (202) 720–3252. All The Policy Development Committee public input for Tuesday, November 29, persons making oral presentations are will present recommendations on four 2011, from 10:15 a.m. to 5:30 p.m. and requested to also provide their

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comments in writing. Written the United States from Hawaii, Puerto likely to follow the pathway of interstate submissions may contain information Rico, the U.S. Virgin Islands, Guam, and movement of the rambutan; other than that presented at the oral the Commonwealth of the Northern • Movement of the rambutan as presentation. Anyone may submit Mariana Islands to prevent plant pests commercial consignments only; and written comments at the meeting. and noxious weeds from being • Distribution of the rambutan only Persons submitting written comments at introduced into and spread within the within a defined area (a prohibition on the meeting are asked to provide sixteen continental United States. (The movement to Hawaii, the Virgin Islands, copies. continental United States is defined in or Guam) and marking of the boxes or Interested persons may visit http:// 318.13–2 of the regulations as the 48 containers in which the rambutan is www.ams.usda.gov to view NOSB contiguous States, Alaska, and the distributed to indicate those distribution recommendations, meeting agenda, and District of Columbia.) restrictions. submit and/or view public comments. Section 318.13–4 contains a These conditions will be listed in the Puerto Rico Manual, found on the Dated: September 29, 2011. performance-based process for Internet at http://www.aphis.usda.gov/ David Shipman, approving the interstate movement of _ commodities that, based on the findings import export/plants/manuals/ports/ Acting Administrator, Agricultural Marketing downloads/puerto_rico.pdf. In addition Service. of a pest risk analysis, can be safely imported subject to one or more of the to those specific measures, rambutan [FR Doc. 2011–25551 Filed 10–6–11; 8:45 am] from Puerto Rico will be subject to the BILLING CODE 3410–02–P designated phytosanitary measures listed in paragraph (b) of that section. general requirements listed in 318.13–3 Under that process, APHIS publishes a that are applicable to the interstate movement of all fruits and vegetables DEPARTMENT OF AGRICULTURE notice in the Federal Register announcing the availability of the pest from Puerto Rico. Animal and Plant Health Inspection risk analysis that evaluates the risks Authority: 7 U.S.C. 7701–7772 and 7781– Service associated with the interstate movement 7786; 7 CFR 2.22, 2.80, and 371.3. of a particular fruit or vegetable. [Docket No. APHIS–2011–0037] Dated: Done in Washington, DC, this 3rd Following the close of the 60-day day of October 2011. Notice of Decision To Allow Interstate comment period, APHIS may begin Kevin Shea, Movement of Rambutan From Puerto allowing the interstate movement of the Acting Administrator, Animal and Plant Rico into the Continental United States fruit or vegetable subject to the Health Inspection Service. identified designated measures if: (1) No [FR Doc. 2011–26050 Filed 10–6–11; 8:45 am] AGENCY: Animal and Plant Health comments were received on the pest BILLING CODE 3410–34–P Inspection Service, USDA. risk analysis; (2) the comments on the ACTION: Notice. pest risk analysis revealed that no changes to the pest risk analysis were DEPARTMENT OF AGRICULTURE SUMMARY: We are advising the public of necessary; or (3) changes to the pest risk our decision to begin allowing the analysis were made in response to Commodity Credit Corporation interstate movement into the public comments, but the changes did continental United States of fresh not affect the overall conclusions of the Domestic Sugar Program—2011-Crop rambutan fruit from Puerto Rico. Based analysis and the Administrator’s Cane Sugar and Beet Sugar Marketing on the findings of a pest risk analysis, determination of risk. Allotments and Company Allocations which we made available to the public In accordance with that process, we AGENCY: for review and comment through a Commodity Credit Corporation, published a notice 1 in the Federal previous notice, we believe that the USDA. Register on June 16, 2011 (76 FR 35186– application of one or more designated ACTION: Notice. 35187, Docket No. APHIS–2011–0037), phytosanitary measures will be in which we announced the availability, SUMMARY: The Commodity Credit sufficient to mitigate the risks of for review and comment, of a pest risk Corporation (CCC) is issuing this notice introducing or disseminating plant pests analysis that evaluates the risks to publish the fiscal year (FY) 2012 State or noxious weeds via the interstate associated with the interstate movement sugar marketing allotments and movement of rambutan from Puerto of rambutan fruit (Nephilium company allocations to sugarcane and Rico. lappaceum L.) from Puerto Rico into the sugar beet processors, which apply to all DATES: Effective Date: October 7, 2011. continental United States. We solicited domestic sugar marketed for human FOR FURTHER INFORMATION CONTACT: Mr. comments on the notice for 60 days consumption in the United States from Philip Grove, Regulatory Coordinator, ending on August 15, 2011. We received October 1, 2011, through September 30, PPQ, APHIS, 4700 River Road Unit 156, no comments by that date. 2012. Although CCC already has Riverdale, MD 20737–1231; (301) 734– Therefore, in accordance with the announced most of the information in 6280. regulations in 318.13–4, we are this notice through a United States SUPPLEMENTARY INFORMATION: announcing our decision to begin Department of Agriculture (USDA) news allowing the interstate movement of release, CCC is required to publish the Background rambutan from Puerto Rico into the determinations establishing, adjusting, Under the regulations in ‘‘Subpart— continental United States subject to the or suspending sugar marketing Regulated Articles From Hawaii and the following phytosanitary measures: allotments in the Federal Register. Territories’’ (7 CFR 318.13–1 through • Inspection and certification by an FOR FURTHER INFORMATION CONTACT: 318.13–26, referred to below as the inspector in Puerto Rico that the Barbara Fecso, Dairy and Sweeteners regulations), the Animal and Plant rambutan are free of all quarantine pests Analysis Group, Economic and Policy Health Inspection Service (APHIS) of Analysis Staff, Farm Service Agency, the U.S. Department of Agriculture 1 To view the notice and the pest risk analysis, USDA, 1400 Independence Ave, SW., prohibits or restricts the interstate go to http://www.regulations.gov/ Mail Stop 0516, Washington, DC 20250– movement of fruits and vegetables into #!docketDetail;D=APHIS-2011-0037. 0516; telephone (202) 720–4146; FAX

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(202) 690–1480; e-mail: domestic human consumption for the need to limit sugarcane acreage in that [email protected]. crop year, and that a fixed portion of the State through proportionate shares. OAQ be assigned to the beet sector and Additionally, CCC determined that the SUPPLEMENTARY INFORMATION: On August the cane sector. CCC distributed the FY Feedstock Flexibility Program (FFP) will 18, 2011, CCC announced the initial FY 2012 beet sugar allotment of 5,139,472 not be implemented in FY 2012 based 2012 overall sugar marketing allotment STRV (54.35 percent of the OAQ) among on the forecast of limited sugar supplies quantity (OAQ) of 9,456,250 short tons, the sugar beet processors and the cane and prices significantly above the raw value (STRV). The OAQ is equal to sugar allotment of 4,316,778 STRV support level. The probability of 85 percent of the sugar for human (45.65 percent of the OAQ) among the forfeitures of sugar loan collateral under consumption estimate for the crop year sugarcane processors. CCC price support loans in FY 2012, of 11,125,000 STRV as forecast in the CCC determined that it was not July 2011 World Agricultural Supply necessary to establish farm level which triggers FFP, was determined to and Demand Estimates (WASDE) report. proportionate shares in Louisiana, the be very low. The Agricultural Adjustment Act of only State eligible for proportionate The initial FY 2012 sugar marketing 1938, as amended, requires that the shares, in FY 2012. The cane sugar State allotments and processor OAQ be set at not less than 85 percent sector was not expected to fill its allocations are listed in the following of the estimated quantity of sugar for allotment and therefore, there was no table:

FY 2012 OVERALL BEET AND CANE ALLOTMENTS AND ALLOCATIONS

Initial FY 2012 Distribution allocations STRV

Beet Sugar ...... 5,139,472 Cane Sugar ...... 4,316,778

Total OAQ ...... 9,456,250

Beet Processors’ Marketing Allocations: Amalgamated Sugar Co...... 1,100,400 American Crystal Sugar Co...... 1,889,666 Michigan Sugar Co...... 530,782 Minn-Dak Farmers Co-op ...... 356,931 So. Minn Beet Sugar Co-op...... 693,665 Western Sugar Co...... 524,994 Wyoming Sugar Growers, LLC ...... 43,034

Total Beet Sugar ...... 5,139,472

State Cane Sugar Allotments: Florida ...... 2,148,906 Louisiana ...... 1,662,420 Texas ...... 186,808 Hawaii ...... 318,664

Total Cane Sugar ...... 4,316,778

Cane Processors’ Marketing Allocations: Florida: Florida Crystals ...... 884,761 Growers Co-op of Florida ...... 386,557 U.S. Sugar Corp ...... 877,588

Total Florida ...... 2,148,906

Louisiana: Louisiana Sugar Cane Products, Inc...... 1,154,105 M.A. Patout & Sons ...... 508,315

Total Louisiana ...... 1,662,420

Texas: Rio Grande Valley ...... 186,808 Hawaii: Gay &Robinson, Inc...... 73,145 Hawaiian Commercial & Sugar Company ...... 245,499

Total Hawaii ...... 318,644 * The sums of individual entries may not match totals due to rounding.

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Signed on September 30, 2011. for Office of Management and Budget Specifically, this study will address the Bruce Nelson, approval. All comments will be a matter following questions: Executive Vice President, Commodity Credit of public record. b What is the role of the State Corporation. FOR FURTHER INFORMATION CONTACT: To departments of education in [FR Doc. 2011–25945 Filed 10–6–11; 8:45 am] request more information on the establishing or approving school BILLING CODE 3410–05–P proposed project or to obtain a copy of districts’ indirect cost rates? the data collection plans, contact John b Are the indirect costs charged or Endahl, Senior Program Analyst, Office recovered by school districts from DEPARTMENT OF AGRICULTURE of Research and Analysis, Food and foodservice consistent with Federal and Nutrition Service/USDA, 3101 Park State allocation requirements? Food and Nutrition Service Center Drive, Room 1004, Alexandria, b What are the types and amounts of indirect costs charged and recovered by Agency Information Collection VA 22302; Fax: 703–305–2576; E-mail: [email protected]. school districts from the foodservice Activities: Proposed Collection; account? SUPPLEMENTARY INFORMATION: Comment Request—School b What are the types and amounts of Title: School Foodservice Indirect Foodservice Indirect Cost Study indirect costs that school districts could, Cost Study. but do not, charge and recover from the AGENCY: Food and Nutrition Service OMB Number: 0584–NEW. foodservice account? (FNS), United States Department of Expiration Date of Approval: Not yet b What is the impact of school Agriculture (USDA). determined. districts charging and recovering ACTION: Type of Information Collection Notice and request for indirect costs from the foodservice Request: New information collection. comments. account on the ability of SFAs to Abstract: The Healthy Hunger Free operate on a break-even basis? SUMMARY: In accordance with the Kids Act of 2010 (Pub. L. 111–296) The activities to be undertaken Paperwork Reduction Act of 1995, this requires USDA to conduct this study to subject to this notice include: notice invites the general public and assess the extent to which school food other public agencies to comment on b Conducting a multi-modal (e.g. authorities (SFAs) participating in the paper, Web, and telephone) survey of this proposed information collection. National School Lunch and Breakfast This collection is a new information approximately 1,897 SFA Directors who Programs pay indirect costs. The will complete the survey out of 2,373 collection for the School Foodservice objective of the School Foodservice Indirect Cost Study. recruited. Indirect Cost Study is to collect and b Conducting a multi-modal (e.g. DATES: Written comments on this notice analyze up-to-date data on school paper, Web, and telephone) survey of must be received by December 6, 2011. districts’ policies and procedures for approximately 1,897 School District ADDRESSES: Comments are invited on: reporting and recovering indirect costs Business Managers who will complete (a) Whether the proposed collection of attributable to their foodservice the survey out of 2,373 recruited. information is necessary for the proper operations. b Conducting a telephone survey of performance of the functions of the The ultimate goal of this study is to all 56 State Agency Child Nutrition agency, including whether the provide USDA and Congress the Directors. information shall have practical utility; necessary information to assess the b Conducting a telephone survey of (b) the accuracy of the agency’s estimate extent to which school districts all 56 State Agency Financial Officers. of the burden of the proposed collection indentify, treat, and charge indirect Affected Public: State and Local of information, including the validity of costs attributable to their foodservice Governments. the methodology and assumptions that operations. Some focus will be placed Type of Respondents: 2,373 SFA were used; (c) ways to enhance the on whether school districts treat Directors, 2,373 School District Business quality, utility, and clarity of the indirect costs attributable to their food Managers, 56 State Child Nutrition information to be collected; and (d) service operations the same way that Directors, and 56 State Agency ways to minimize the burden of the they treat indirect costs attributable to Financial Officers. collection of information on those who other grant programs. The School Lunch Estimated Total Number of are to respond, including use of and Breakfast Cost Studies conducted in Respondents: 4,858. appropriate automated, electronic, the early 1990s and again in the mid Frequency of Response: Once mechanical, or other technological 2000s provide some evidence that as annually. collection techniques or other forms of school district budgets have become Estimated Annual Responses: 4,858. information technology. increasingly tight, school districts have Estimate of Time per Respondent and Comments may be sent to: John been increasingly likely to assess and Annual Burden: Public reporting burden Endahl, Senior Program Analyst, Office recover indirect costs attributable to for this collection of information is of Research and Analysis, Food and their food service operations. While this estimated to average thirty (30) minutes Nutrition Service, USDA, 3101 Park is permissible under USDA regulations, per completed Self Administered Center Drive, Room 1004, Alexandria, the regulations also stipulate that school Survey for the SFA Directors and sixty VA 22302. Comments may also be districts must treat foodservice indirect (60) minutes for the completed School submitted via fax to the attention of costs in the same manner as their other District Business Managers. Reporting John Endahl at 703–305–2576 or via e- grant programs. Previous research burden is estimated at thirty (30) mail to [email protected]. suggests that this is often not the case. minutes per completed telephone Comments will also be accepted through This study will help FNS understand interview for the State Agency Child the Federal eRulemaking Portal. Go to the extent to which current regulations Nutrition Directors and sixty (60) http://www.regulations.gov, and follow are being followed and if there is a need minutes for the completed State Agency the online instructions for submitting for additional regulations and/or Financial Officer (this includes 30 comments electronically. legislation to ensure that school districts minutes for data gathering and 30 All responses to this notice will be treat indirect costs in the same manner minutes to respond to the interview). summarized and included in the request across all of their grant programs. The initial sample in the School

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Foodservice Indirect Cost Study and 56 State Agency Financial Officers. Program Directors, and 56 State Agency includes 2,373 SFA Directors, 2,373 We expect responses from 1,897 SFA Financial Officers. The annual reporting School District Business Managers, 56 Directors, 1,897 School District Business burden is estimated at 3,010 hours (see State Child Nutrition Program Directors, Managers, 56 State Child Nutrition table below).

Total annual Estimated Frequency of Estimated total Average bur- burden esti- Data collection activity Respondents number of response annual den hours per mate (in respondents responses response hours)

Self-Administered/Web/Phone School Food Authority Survey. Directors: Completed ...... 1,897 1 1,897 0.50 949 Attempted ...... 476 1 476 0.08 40 Self-Administered/Web/Phone School District Business Survey. Managers: Completed ...... 1897 1 1,897 1.00 1,897 Attempted ...... 476 1 476 0.08 40 Telephone Survey ...... State Agency Child Nutri- tion Directors: Completed ...... 56 1 56 0.50 28 Telephone Survey ...... State Agency Financial Officers: Completed ...... 56 1 56 1.00 56

Total ...... 4,858 4,858 0.62 3,010

Dated: October 3, 2011. DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Audrey Rowe, William E. Taylor, Jr., Designated Administrator, Food and Nutrition Service. Forest Service Federal Officer, Sabine National Forest, [FR Doc. 2011–26058 Filed 10–6–11; 8:45 am] 5050 State Hwy. 21 E., Hemphill, TX Sabine Resource Advisory Committee 75948: Telephone: 936–639–8501 or e- BILLING CODE 3410–30–P AGENCY: Forest Service, USDA. mail at: etaylor @fs.fed.us. Individuals who use ACTION: Notice of meeting. telecommunication devices for the deaf DEPARTMENT OF AGRICULTURE SUMMARY: The Sabine Resource (TDD) may call the Federal Information Forest Service Advisory Committee will meet in Relay Service (FIRS) at 1–800–877–8339 Hemphill, Texas. The committee is between 8 a.m. and 8 p.m., Eastern Deschutes Provincial Advisory authorized under the Secure Rural Standard Time, Monday through Friday. Committee (DPAC); Notice of Meeting Schools and Community Self- Requests for reasonable accommodation Determination Act (Pub. L. 110–343) for access to the facility or proceedings AGENCY: Forest Service. (the Act) and operates in compliance may be made by contacting the person with the Federal Advisory Committee listed FOR FURTHER INFORMATION ACTION: Notice of Meeting. Act. The purpose of the committee is to CONTACT. improve collaborative relationships and SUPPLEMENTARY INFORMATION: The SUMMARY: The Deschutes Provincial to provide advice and recommendations following business will be conducted: Advisory Committee will meet on to the Forest Service concerning projects The purpose of the meeting is to review September 29, 2011 to conduct a field and funding consistent with the title II progress on approved Title II Projects. review of stream and riparian of the Act. The meeting is open to the Anyone who would like to bring related restoration projects. The meeting will public. The purpose of the meeting is to matters to the attention of the committee also discuss the Forest Service and BLM discuss New Title II Project Proposals. may file written statements with the integrated weed management programs. DATES: The meeting will be held via committee staff before or after the Members will meet at the Deschutes teleconference call on Thursday, meeting. The agenda will include time National Forest Supervisor’s office, October 20, 2011, 3:30 p.m. for people to make oral statements of Upper Deschutes Conference Room three minutes or less. Individuals ADDRESSES: The meeting will be held at (1001 SW. Emkay Drive, Bend, Oregon) wishing to make an oral statement the Sabine NF Office, 5050 State Hwy from 8 a.m. until 5 p.m. All Deschutes should request in writing by October 14, 21 East, Hemphill, TX 75948. Written Province Advisory Committee meetings 2011 to be scheduled on the agenda. comments may be submitted as are open to the public. Written comments and requests for time described under SUPPLEMENTARY for oral comments must be sent to 5050 FOR FURTHER INFORMATION CONTACT: INFORMATION. State Hwy 21 East, Hemphill, TX 75948 Michael Keown, Province Liaison, All comments, including names and or by e-mail to [email protected] or via Sisters Ranger District, Pine Street and addresses when provided, are placed in facsimile to 409–625–1953. Highway 20, Sisters, Oregon, 97759, the record and are available for public Phone (541) 549–7735. inspection and copying. The public may Dated: October 3, 2011. inspect comments received at 5050 State William E. Taylor, Jr., John Allen, Hwy 21 East, Hemphill, TX 75948. Designated Federal Officer, Sabine National Deschutes National Forest Supervisor. Please call ahead to (409) 625–1940 to Forest RAC. [FR Doc. 2011–25761 Filed 10–6–11; 8:45 am] facilitate entry into the building to view [FR Doc. 2011–26027 Filed 10–6–11; 8:45 am] BILLING CODE 3410–11–M comments. BILLING CODE 3410–11–P

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DEPARTMENT OF COMMERCE Department published in the Federal 10, 2011, questionnaire response. The Register the notice of initiation of this Department issued several supplemental International Trade Administration antidumping duty administrative review questionnaires to Navneet and the 1 [A–533–843] with respect to 35 companies, responses were received on April 28, including Navneet and Riddhi, for the 2011, July 28, 2011, and on September Certain Lined Paper Products From period September 1, 2009, through 9, 2011. India: Notice of Preliminary Results of August 31, 2010. See Initiation of With respect to Riddhi, we received Antidumping Duty Administrative Antidumping and Countervailing Duty the Sections A–C questionnaire Review Administrative Reviews, 75 FR 66349 response on February 6, 2011. The (October 28, 2010. (Initiation Notice).2 Department issued a Sections A–C AGENCY: Import Administration, On November 9, 2010, the Department supplemental questionnaire to Riddhi International Trade Administration, notified interested parties of its intent to on March 7, 2011, and Riddhi’s U.S. Department of Commerce. use CBP data for respondent selection. response was received on April 12, SUMMARY: The Department of Commerce See Memorandum to The File, Through 2011. Petitioner submitted a sales below (the Department) is conducting an Melissa Skinner, Office Director, Office the cost of production (COP) allegation administrative review of the 3 and Through James Terpstra, Program regarding Riddhi on May 2, 2011. Based antidumping duty order on certain lined Manager, Office 3 from Stephanie on the allegation submitted by paper products (CLPP) from India. For Moore, Case Analyst titled ‘‘Customs petitioner, the Department determined the period September 1, 2009, through and Border Patrol Data for Selection of that there are reasonable grounds to August 31, 2010, we have preliminarily Respondents for Individual Review.’’ believe or suspect that Riddhi made determined that Navneet Publications On November 16, 2010, we received sales of the subject merchandise in the (India) Limited (Navneet) and Riddhi comments from AASPS. On December third country market, Panama, at prices Enterprises (Riddhi) have made sales of 7, 2010, the Department selected below its COP, pursuant to section subject merchandise at less than normal Navneet and Riddhi as companies to be 773(b) of the Tariff Act of 1930, as value (NV). individually examined in this amended (the Act). On May 17, 2011, In addition, based on the preliminary administrative review. See the Department initiated a sales below results for the respondents selected for Memorandum to Melissa Skinner, the COP investigation with respect to individual examination, we have Director, Office 3 Through James Riddhi and issued a Section D preliminarily determined a margin for Terpstra, Program Manager, Office 3 questionnaire to Riddhi on May 17, those companies that were not selected from Stephanie Moore, Case Analyst 2011. Riddhi responded to the Section for individual examination. If these titled ‘‘Antidumping Duty D questionnaire on June 28, 2011. The preliminary results are adopted in the Administrative Review of Certain Lined Department issued several supplemental final results of this administrative Paper Products from India: Selection of questionnaires to Riddhi and we review, we will instruct U.S. Customs Respondents for Individual Review’’ received timely responses from Riddhi. and Border Protection (CBP) to assess (Respondent Selection Memo), dated On May 27, 2011, the Department antidumping duties on all appropriate December 7, 2010. extended the time limit for the On December 8, 2010, the Department entries of subject merchandise during preliminary results. See Certain Lined issued an antidumping questionnaire the period of review (POR). See Paper Products From India: Extension of (original questionnaire) to Navneet and ‘‘Preliminary Results of Review’’ section Time Limit for the Preliminary Results Riddhi with a response due date of of this notice. Interested parties are of Antidumping Duty Administrative January 14, 2011. After granting an invited to comment on these Review, 76 FR 30908 (May 27, 2011). extension to Navneet, the original preliminary results. questionnaire response was submitted Period of Review DATES: Effective Date: October 7, 2011. on February 10, 2011. On March 1, The POR is September 1, 2009, FOR FURTHER INFORMATION CONTACT: 2011, petitioner submitted deficiency through August 31, 2010. Stephanie Moore (Navneet) or George comments regarding Navneet’s February McMahon (Riddhi) AD/CVD Operations, Scope of the Order Office 3, Import Administration, 1 Abhinav Paper Products Pvt. Ltd.; American The scope of this order includes International Trade Administration, Scholar, Inc. and/or I–Scholar; Ampoules & Vials certain lined paper products, typically Mfg. Co. Ltd.; AR Printing & Packaging (India) Pvt.; school supplies (for purposes of this U.S. Department of Commerce, 14th Bafna Exports; Cello International Pvt. Ltd. (M/S Street and Constitution Avenue, NW., Cello Paper Products); Corporate Stationery Pvt. scope definition, the actual use of or Washington DC 20230; telephone (202) Ltd.; Creative Divya; D.D International; Exel India labeling these products as school 482–3692 or (202) 482–1167, (Pvt.) Ltd.; Exmart International Pvt. Ltd.; supplies or non-school supplies is not a Fatechand Mahendrakumar; FFI International; defining characteristic) composed of or respectively. Freight India Logistics Pvt. Ltd.; International including paper that incorporates Background Greetings Pvt. Ltd.; Kejriwal Paper Ltd., and Kejriwal Exports; Lodha Offset Limited; Magic straight horizontal and/or vertical lines On September 1, 2010, the International Pvt Ltd.; Marigold ExIm Pvt. Ltd.; on ten or more paper sheets (there shall Department issued a notice of Marisa International; Navneet Publications (India) be no minimum page requirement for Ltd.; Orient Press Ltd.; Paperwise Inc.; Pioneer opportunity to request an administrative Stationery Pvt. Ltd.; Premier Exports; Rajvansh loose leaf filler paper) including but not review of this order for the POR of International; Riddhi Enterprises; SAB limited to such products as single- and September 1, 2009, through August 31, International; Sar Transport Systems; Seet Kamal multi-subject notebooks, composition 2010. See Antidumping or International; Sonal Printers Pvt Ltd; Super Impex; books, wireless notebooks, loose leaf or Swati Growth Funds Ltd.; V & M; and Yash Countervailing Duty Order, Finding, or Laminates. glued filler paper, graph paper, and Suspended Investigation; Opportunity 2 In the Initiation Notice, the Department laboratory notebooks, and with the To Request Administrative Review, 75 incorrectly spelled a company name for which the smaller dimension of the paper FR 53635 (September 1, 2010). petitioner requested a review. Specifically, the measuring 6 inches to 15 inches Initiation Notice listed the requested company, Pursuant to a request from the ‘‘Exel India (Pvt.) Ltd.’’ as ‘‘Excel India (Pvt.) Ltd.’’ (inclusive) and the larger dimension of 3 Association of American School Paper We have corrected this typographical error in this the paper measuring 8 ⁄4 inches to 15 Suppliers, (AASPS or petitioner), the notice. inches (inclusive). Page dimensions are

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measured size (not advertised, stated, or • Columnar pads & tablets, with or cover is 0.028 inches (within normal ‘‘tear-out’’ size), and are measured as without covers, primarily suited for the manufacturing tolerances). Integral with they appear in the product (i.e., stitched recording of written numerical business the stitching that attaches the polyester and folded pages in a notebook are data; spine covering, is captured both ends of measured by the size of the page as it • Lined business or office forms, a 1″ wide elastic fabric band. This band appears in the notebook page, not the including but not limited to: pre-printed is located 23⁄8″ from the top of the front size of the unfolded paper). However, business forms, lined invoice pads and plastic cover and provides pen or pencil for measurement purposes, pages with paper, mailing and address labels, storage. Both ends of the spiral wire are tapered or rounded edges shall be manifests, and shipping log books; cut and then bent backwards to overlap • measured at their longest and widest Lined continuous computer paper; with the previous coil but specifically • points. Subject lined paper products Boxed or packaged writing outside the coil diameter but inside the may be loose, packaged or bound using stationary (including but not limited to polyester covering. During construction, any binding method (other than case products commonly known as ‘‘fine the polyester covering is sewn to the bound through the inclusion of binders business paper,’’ ‘‘parchment paper,’’ front and rear covers face to face board, a spine strip, and cover wrap). and ‘‘letterhead’’), whether or not (outside to outside) so that when the Subject merchandise may or may not containing a lined header or decorative book is closed, the stitching is contain any combination of a front lines; concealed from the outside. Both free • Stenographic pads (‘‘steno pads’’), cover, a rear cover, and/or backing of ends (the ends not sewn to the cover Gregg ruled (‘‘Gregg ruling’’ consists of any composition, regardless of the and back) are stitched with a turned a single- or double-margin vertical inclusion of images or graphics on the edge construction. The flexible ruling line down the center of the page. cover, backing, or paper. Subject polyester material forms a covering over For a six-inch by nine-inch stenographic merchandise is within the scope of this the spiral wire to protect it and provide pad, the ruling would be located order whether or not the lined paper a comfortable grip on the product. The approximately three inches from the left and/or cover are hole punched, drilled, product must bear the valid trademarks of the book), measuring 6 inches by 9 ® TM perforated, and/or reinforced. Subject FiveStar Advance (products found inches; merchandise may contain accessory or to be bearing an invalidly licensed or Also excluded from the scope of this used trademark are not excluded from informational items including but not order are the following trademarked limited to pockets, tabs, dividers, the scope). products: • FiveStar Flex TM: A notebook, a closure devices, index cards, stencils, • TM Fly lined paper products: A notebook organizer, or binder with protractors, writing implements, notebook, notebook organizer, loose or reference materials such as plastic polyolefin front and rear covers glued note paper, with papers that are joined by 300 denier polyester spine mathematical tables, or printed items printed with infrared reflective inks and such as sticker sheets or miniature cover extending the entire length of the readable only by a Fly TM pen-top spine and bound by a 3-ring plastic calendars, if such items are physically computer. The product must bear the incorporated, included with, or attached fixture. The polyolefin plastic covers are valid trademark Fly TM (products found of a specific thickness; front cover is to the product, cover and/or backing to be bearing an invalidly licensed or thereto. 0.019 inches (within normal used trademark are not excluded from manufacturing tolerances) and rear Specifically excluded from the scope the scope). cover is 0.028 inches (within normal of this order are: • TM Zwipes : A notebook or notebook manufacturing tolerances). During • Unlined copy machine paper; organizer made with a blended construction, the polyester covering is • Writing pads with a backing polyolefin writing surface as the cover sewn to the front cover face to face (including but not limited to products and pocket surfaces of the notebook, (outside to outside) so that when the commonly known as ‘‘tablets,’’ ‘‘note suitable for writing using a specially- book is closed, the stitching is pads,’’ ‘‘legal pads,’’ and ‘‘quadrille developed permanent marker and erase concealed from the outside. During pads’’), provided that they do not have system (known as a Zwipes TM pen). construction, the polyester cover is a front cover (whether permanent or This system allows the marker portion sewn to the back cover with the outside removable). This exclusion does not to mark the writing surface with a of the polyester spine cover to the inside apply to such writing pads if they permanent ink. The eraser portion of the back cover. Both free ends (the ends not consist of hole-punched or drilled filler marker dispenses a solvent capable of sewn to the cover and back) are stitched paper; solubilizing the permanent ink allowing • with a turned edge construction. Each Three-ring or multiple-ring binders, the ink to be removed. The product ring within the fixture is comprised of or notebook organizers incorporating must bear the valid trademark a flexible strap portion that snaps into such a ring binder provided that they do Zwipes TM (products found to be bearing a stationary post which forms a closed not include subject paper; an invalidly licensed or used trademark binding ring. The ring fixture is riveted • Index cards; are not excluded from the scope). with six metal rivets and sewn to the • ® Printed books and other books that • FiveStar Advance TM: A notebook back plastic cover and is specifically are case bound through the inclusion of or notebook organizer bound by a positioned on the outside back cover. binders board, a spine strip, and cover continuous spiral, or helical, wire and The product must bear the valid wrap; with plastic front and rear covers made trademark FiveStar Flex TM (products • Newspapers; of a blended polyolefin plastic material found to be bearing an invalidly • Pictures and photographs; joined by 300 denier polyester, coated licensed or used trademark are not • Desk and wall calendars and on the backside with PVC (poly vinyl excluded from the scope). organizers (including but not limited to chloride) coating, and extending the Merchandise subject to this order is such products generally known as entire length of the spiral or helical typically imported under headings ‘‘office planners,’’ ‘‘time books,’’ and wire. The polyolefin plastic covers are 4811.90.9035, 4811.90.9080, ‘‘appointment books’’); of specific thickness; front cover is 4820.30.0040, 4810.22.5044, • Telephone logs; 0.019 inches (within normal 4811.90.9050, 4811.90.9090, • Address books; manufacturing tolerances) and rear 4820.10.2010, 4820.10.2020,

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4820.10.2030, 4820.10.2040, weighted-average prices for NV and like product made to its three largest 4820.10.2050, 4820.10.2060, and compared these to individual U.S. third country markets; Panama, 4820.10.4000 of the Harmonized Tariff transaction prices. Nicaragua, and Venezuela. Id. Based on Schedule of the United States this data, we find that Riddhi’s third Export Price (HTSUS).3 The HTSUS headings are country sales to Panama meet the provided for convenience and customs For all U.S. sales made by Navneet Department’s five percent threshold for purposes; however, the written and Riddhi, we used the EP viability because its sales of the foreign description of the scope of the order is methodology, in accordance with like product are of sufficient quantity to dispositive. section 772(a) of the Act, because the form the basis of normal value. See 19 subject merchandise was sold directly to Product Comparisons CFR 351.404(b)(2). In selecting a third the first unaffiliated purchaser in the country market, the Department also In accordance with section 771(16) of United States prior to importation. We considers whether ‘‘the foreign like the Act, all products produced by based EP on packed prices to the first product exported to a particular third Navneet covered by the description in unaffiliated purchaser in the United country is more similar to the subject the ‘‘Scope of the Order’’ section above States. When appropriate, we reduced merchandise exported to the United and sold in India during the POR are the EP prices to reflect discounts. States than is the foreign like product considered to be foreign like products In accordance with section exported to other third countries.’’ See for purposes of determining appropriate 772(c)(2)(A) of the Act, we made 19 CFR 351.404(e)(1). Riddhi reported product comparisons to U.S. sales. deductions, where appropriate, for that, among its three largest third Because Riddhi did not have home movement expenses including foreign country markets, Riddhi’s sales of market sales of subject merchandise inland freight from plant/warehouse to products also exported to the United the port of exportation, foreign during the POR, all products produced States are highest to Panama. Id. at A– brokerage and handling, and foreign bill by Riddhi covered by the description in 5. Based on the Department’s of lading charges. We also increased EP the ‘‘Scope of the Order’’ section above examination of the sales data and by an amount equal to the and sold in Panama during the POR are Riddhi’s reporting we find that, among countervailing duty (CVD) rate considered to be foreign like products the three third countries reported, attributed to export subsidies in the for purposes of determining appropriate Riddhi’s third country sales to Panama most recently completed CLPP from product comparisons to U.S. sales. We are the most comparable to its sales to India CVD segment 4 to which the have relied on eight criteria to match the United States. The Department also respondent was subject, in accordance U.S. sales of subject merchandise to examines whether ‘‘{t}he volume of with section 772(c)(1)(C) of the Act. comparison market sales of the foreign sales to a particular third country is like product: (1) Form, (2) paper Normal Value larger than the volume of sales to other volume, (3) brightness, (4) binding type, A. Selection of Comparison Market third countries.’’ See 19 CFR (5) cover material, (6) back material, (7) 351.404(e)(2). Riddhi reported that number of inserts, and (8) insert To determine whether there was a Panama represents Riddhi’s largest third material. Where there were no sales of sufficient volume of sales in the home country market. See Riddhi’s Sec. AQR, identical merchandise in the home market to serve as a viable basis for dated February 6, 2011, at page A–4. market made (or the third country calculating NV, we compared Navneet’s Based on the product comparability and market reported by Riddhi) in the and Riddhi’s volume of home market the viability of Riddhi’s sales in ordinary course of trade to compare to sales of the foreign like product to the Panama, we find that Panama is an U.S. sales, we compared U.S. sales to volume of their U.S. sales of the subject appropriate third country market to the next most similar foreign like merchandise. Pursuant to sections form the basis for the Department’s product on the basis of the 773(a)(1)(B) and 773(a)(1)(C) of the Act, calculation of NV. characteristics listed above. because Navneet had an aggregate Section 773(a)(1)(C)(i) of the Act For purposes of the preliminary volume of home market sales of the applies to the Department’s results, where appropriate, we have foreign like product that was greater determination of NV if the foreign like calculated the adjustment for than five percent of its aggregate volume product is not sold (or offered for sale) differences in merchandise based on the of U.S. sales of the subject merchandise, for consumption in the exporting difference in the variable cost of we determined that the home market country. When sales in the home market manufacturing (VCOM) between each was viable. are not viable, section 773(a)(1)(B)(ii) of U.S. model and the most similar home Riddhi reported that it ‘‘does not have the Act provides that sales to a market model selected for comparison. any sales of the foreign like product in particular third country market may be the home market.’’ See Riddhi’s Section Normal Value Comparisons utilized if: (1) The prices in such market A questionnaire response (Sec. AQR), are representative; (2) the aggregate To determine whether sales of CLPP dated February 6, 2011, at page A–4 and quantity of the foreign like product sold from Navneet and Riddhi to the United Exhibit A–1. Riddhi reported the by the producer or exporter in the third States were made at less than NV, we quantity and value of sales of foreign compared Export Price (EP) to the NV, country market is five percent or more as described in the ‘‘Export Price’’ and 4 For the most recently completed CVD segment of the aggregate quantity of the subject ‘‘Normal Value’’ sections of this notice. for Navneet, see Certain Lined Paper Products from merchandise sold in or to the United In accordance with section 777A(d)(2) India: Notice of Preliminary Results of States; and (3) the Department does not Countervailing Duty Administrative Review, 73 FR determine that a particular market of the Act, we calculated monthly 58121 at 58124–58125 (October 6, 2008), unchanged in the Final Results, 74 FR 6573 situation in the third country market 3 Based on requests from National Import (February 10, 2009). For the most recently prevents a proper comparison with the Specialist, A. Gamble of CBP, the Department completed CVD segment for Riddhi, see Notice of U.S. price. The Department has added headings 4811.90.9035, 4811.90.9080, Final Affirmative Countervailing Duty examined Riddhi’s reported third 4820.30.0040 to the scope of this review. See Determination and Final Negative Critical Memorandum from Gayle Longest, Case Analyst, Circumstances Determination: Certain Lined Paper country sales quantity and volume and through James Terpstra to the File, dated July 6, Products from India, 71 FR 45034, 45035 (August preliminarily finds that Riddhi has 2011 and July 11, 2011. 8, 2006). satisfied the aforementioned criteria.

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Therefore, we have used Riddhi’s third to Riddhi’s reported costs for these with sections 773(a)(6)(A) and (B) of the country sales to Panama as the basis for preliminary results. Act, we added U.S. packing costs and calculating NV, in accordance with Based on the review of record deducted comparison market packing, section 773(a)(4) of the Act. evidence, Riddhi and Navneet did not respectively. We also deducted home appear to experience significant changes market movement expenses pursuant to B. Cost of Production Analysis in cost of materials (COM) during the section 773(a)(6)(B) of the Act. In In regard to Navneet, because the POR. Therefore, for both Navneet and addition, for comparisons made to EP Department disregarded below cost Riddhi, we followed our normal sales, we made adjustments for sales in the most recently completed methodology of calculating an annual differences in circumstances of sale segment of the proceeding in which weighted-average cost. (COS) pursuant to section Navneet participated,5 we had 2. Test of Comparison Market Prices 773(a)(6)(C)(iii) of the Act and 19 CFR reasonable grounds to believe or suspect 351.410(b). Specifically, we made that home market sales of the foreign As required under section 773(b)(2) of adjustments to normal value for like product by the respondents were the Act, we compared the weighted- comparison to Navneet and Riddhi’s EP made at prices below the COP during average COP for the respondents to their transactions by deducting direct selling the POR, in accordance with section home market (or third country market) expenses incurred for home market 773(b)(2)(A)(ii) of the Act. Therefore, we sales prices of the foreign like product, sales (i.e., credit expenses) and adding required Navneet to submit a response as required under section 773(b) of the U.S. direct selling expenses (i.e., credit to Section D of the Department’s Act, to determine whether these sales expenses) and U.S. commissions. See questionnaire. had been made at prices below the COP section 773(a)(6)(C)(iii) of the Act, and With respect to Riddhi, the within an extended period of time (i.e., 19 CFR 351.410(c). We also made Department initiated a sales-below-cost normally a period of one year) in adjustments for Navneet and Riddhi, in of production investigation based on substantial quantities and whether such accordance with 19 CFR 351.410(e), for petitioner’s sales-below-cost of prices were sufficient to permit the indirect selling expenses incurred in the production allegation. recovery of all costs within a reasonable home market or the United States where 1. Calculation of COP period of time. On a model-specific commissions were granted on sales in basis, we compared the COP to the one market but not in the other, i.e., the In accordance with section 773(b)(3) home market (or third country) prices, ‘‘commission offset.’’ Specifically, of the Act, we calculated a weighted- less any applicable movement charges, where commissions are incurred in one average COP by model based on the sum discounts, rebates, and direct and market, but not in the other, we will of the cost of materials and fabrication indirect selling expenses. limit the amount of such allowance to for the foreign like product, plus 3. Results of COP Test the amount of either the selling amounts for general and administrative expenses incurred in the one market or expenses (G&A). We relied on the COP We disregard below-cost sales where: the commissions allowed in the other data submitted by both Navneet and (1) 20 percent or more of the market, whichever is less.8 Riddhi except the following respondent’s sales of a given product When comparing U.S. sales with adjustments. For these preliminary during the POR were made at prices comparison market sales of similar, but results, we adjusted Navneet’s reported below the COP in accordance with not identical, merchandise, we also cost of manufacturing to include sections 773(b)(2)(B) and (C) of the Act; made adjustments for physical common production costs not allocated and (2) based on comparisons of price differences in the merchandise in to divisions and other common to weighted-average COPs for the POR, accordance with section 773(a)(6)(C)(ii) production costs of the stationery we determine that the below-cost sales of the Act and 19 CFR 351.411. We division not allocated to subdivisions. of the product were at prices that would based this adjustment on the difference See Preliminary Calculation not permit recovery of all costs within in the VCOM for the foreign like Memorandum for Navneet, dated a reasonable time period, in accordance product and subject merchandise, using September 30, 2011. with section 773(b)(2)(D) of the Act. We weighted-average costs. Consistent with the Department’s found that Navneet and Riddhi made Finally, consistent with section methodology in the Third sales below cost and we disregarded 773(a)(6)(B)(iii) of the Act, with respect 6 Administrative Review, for Navneet, we such sales where appropriate. See to Navneet, we made an adjustment for calculated the COP and constructed Preliminary Calculation Memorandum central excise taxes that Navneet paid value (CV) of all control numbers for Navneet, and Preliminary on raw material inputs used to produce (CONNUMs) sold in the home market to Calculation Memorandum for Riddhi, merchandise that was sold in the home exclude the central excise tax on raw both dated September 30, 2011. market that were not paid on the same material inputs. See Preliminary inputs used to produce merchandise Results.7 We have made no adjustments C. Calculation of Normal Value Based that was exported from India. Under on Comparison Market Prices Indian law, Navneet was prohibited 5 See Certain Lined Paper Products from India: For Navneet, we based home market from charging this excise tax on sales of Notice of Final Results of Antidumping Duty Administrative Review, 75 FR 7563 (February 22, prices on packed prices to unaffiliated school supplies sold in India. See 2010). purchasers in India. For Riddhi, we Navneet’s questionnaire response dated 6 See Certain Lined Paper Products From India: based third country market prices on February 10, 2011, at page B–50. In Notice of Final Results of Antidumping Duty packed prices to unaffiliated purchasers addition, the excise tax that Navneet Administrative Review and Partial Rescission of in Riddhi’s third country market, paid on inputs into school supplies was Antidumping Duty Administrative Review, 76 FR 10876 (February 28, 2011) (Third Administrative Panama. Where appropriate, in not refunded and was not otherwise Review). accordance with section 773(a)(6)(B) of recovered by Navneet. Id. See also 7 See Certain Lined Paper Products From India: the Act, we deducted from the starting Preliminary Results, 75 FR at 64992, Notice of Preliminary Results of Antidumping Duty price inland freight. Pursuant to 19 CFR unchanged in the final results of the Administrative Review, 75 FR 64988, 64992 (October 21, 2010) (Preliminary Results), unchanged 351.401(c), we made deductions from Third Administrative Review. Therefore, in the final results of the Third Administrative the starting price, when appropriate, for Review. discounts and rebates. In accordance 8 See 19 CFR 351.410(e).

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we find the tax is included in the price directed to super stockists who then sell Riddhi and adjustment is warranted. For to distributors. One channel of Riddhi reports that it has only one products other than school supplies, distribution exists for the U.S. market. channel of distribution and one LOT in Navneet reported home market selling Only two of Navneet’s distribution the third country market, Panama. prices net of the excise tax. See channels are full service channels. In Riddhi sold to one customer category, Preliminary Calculation Memorandum channel 1 (distributors with full-service trading companies, in Panama. Riddhi for Navneet, dated September 30, 2011. merchandising) Navneet claims that it reports that it performs the following D. Level of Trade designs and produces products on its selling functions for its sales to Panama: Packing, order input/processing, direct In accordance with section own account; maintains the products in sales personnel, rebates, pays 773(a)(1)(B) of the Act, to the extent regional and C&F warehouses commissions, and provides freight and practicable, the Department determines nationwide; delivers products to delivery. See Riddhi’s Sec. AQR, dated NV based on sales in the comparison distributors from local warehouses and February 6, 2011, at Exhibit A–5. market at the same level of trade (LOT) issues invoices to distributors; and In the U.S. market, Riddhi reports that as the EP or CEP transactions. In order actively participates in advertising at its sales were made through one channel to perform the LOT analysis, we the retail and consumer levels. See of distribution and one LOT. Riddhi examine the selling functions provided Navneet questionnaire response, dated sold to one customer category, trading to different customer categories to February 10, 2011, at page A–14. In companies, in the United States. Riddhi evaluate the LOT in a particular market. channel 6 (full service Navneet brand does not claim any level of trade Specifically, we compare the selling directed to super stockists who then sell adjustment and the petitioner has not functions performed for home market to distributors) Navneet states that it claimed that multiple levels of trade sales with those performed with respect designs and produces products on its existed for Riddhi. See Riddhi’s Section to the EP or CEP transactions, after own account; sells to super stockists, B and C questionnaire responses, dated deductions for economic activities which maintains the products in its own February 6, 2011, at pages B–30 and C– occurring in the United States, pursuant warehouse; and actively participates in 28. Riddhi reports that it performs the to section 772(d) of the Act and 19 CFR advertising at the retail and consumer following selling functions for its sales 351.412, to determine if the home levels. As a result, the levels of selling to the United States: Packing, order market LOT constituted a different LOT activities for channels 1 and 6 in the input/processing, direct sales personnel, than the EP or CEP LOT. home market are at a different level of provides cash discounts, pays Consistent with 19 CFR 351.412(c)(2), intensity than the levels of selling commissions, and provides freight and to determine whether comparison activities in the other channels of delivery. See Riddhi’s Sec. AQR, dated market sales were at a different LOT, we distribution in the home market. Thus, February 6, 2011, at Exhibit A–5. Riddhi examined stages in the marketing we find that the home market channels reports that it performs the same selling process and selling functions along the of distribution constitute two LOTs: (1) functions for all of its U.S. customers, chain of distribution between the LOT1, which consists of channels 1 and with the exception of one customer that producer and the unaffiliated (or arm’s- 6, and (2) a combined LOT2, which has its containers filled at the Indian length) customers. If the comparison consists of channels 2, 3, 4, 5, and 7, as port rather than Riddhi’s factory. See id. market sales were at a different LOT and reported by Navneet in its database. See at Exhibits A–17, A–18. For more the differences affect price Exhibit A.6. details, see Preliminary Calculation comparability, as manifested in a Memorandum for Riddhi, dated pattern of consistent price differences In the U.S. market, Navneet made September 30, 2011. between the sales on which NV is based only EP sales of the subject Based on our analysis of the selling and comparison market sales at the LOT merchandise. There was one channel of activities in the home market and in the of the export transaction, we will make distribution for U.S. sales, importers/ U.S. market, we find that that there is an LOT adjustment under section distributors, who distribute the products one single level of trade for all sales in 773(a)(7)(A) of the Act. to retailers. Navneet produces products for the U.S. market to order, and ships both the third country market and the Navneet them directly from the factory to the U.S. market. Therefore, no basis exists Navneet has identified eight channels port for export, without being held in an for a level of trade adjustment. of distribution.9 Seven channels are in intermediate warehouse. After E. Date of Sale the home market (HM): (1) Full service shipment, Navneet has no further The Department normally uses the Navneet brand distributor, (2) limited involvement in the sale. All marketing, date of invoice as the date of sale. service Boss brand, (3) chain store ‘‘key- selling and distribution activities are However, the Department may use a account,’’ (4) institutional end-users carried out by the importers/distributors date other than the date of invoice (e.g., who purchase materials for their own for the U.S. market. See id. at A–23 the date of contract in the case of a long- use; (5) schools that purchase through A–25, and Exhibit A.6. The term contract) if satisfied that a different customized products for their own use selling activities that Navneet performs date better reflects the date on which and for reselling to students, (6) full for its U.S. customers are business the exporter or producer establishes the service Navneet brand directed to super proprietary information. See id. at material terms of sale (e.g., price, stockists who then sell to distributors; Exhibit A.6. quantity). See 19 CFR 351.401(i) of the and (7) limited service Boss brand Based on our analysis of the selling regulations. For Navneet, based on the activities in the home market and in the information on the record and 9 We note that Navneet refers to channel 6 as ‘‘sales to the U.S. market’’ and channel 7 as ‘‘Boss U.S. market, we find that Navneet’s HM consistent with the prior review, we brand sales directed to super stockists’’ in the home sales in LOT2 are at the same stage of preliminarily find that the purchase market. See Navneet questionnaire response, dated marketing as the U.S. sales. Therefore, order date better reflects the date on February 10, 2011, at page A–11. However, for we have compared U.S. sales to which the exporter or producer purposes of discussion in this notice, we changed the numbers to sequential order in the home Navneet’s reported LOT2 sales in its HM established the material terms of sale for market. sales database. Navneet’s U.S. sales. See Navneet’s Sec.

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AQR, at page A–31. We have relied on Weighted An interested party may request a invoice date as the date of sale for Manufacturer/Exporter average hearing within 30 days of publication of Navneet’s home market, as this margin these preliminary results. See 19 CFR represents the date in which the (percent) 351.310(c). Any hearing, if requested, 10 material terms of sale are finalized. American Scholar, Inc. and/or I– ordinarily will be held two days after Riddhi reports ‘‘both for U.S. market Scholar ...... 3.02 the due date of the rebuttal briefs in and third country market sales, there are Ampoules & Vials Mfg. Co. Ltd. 3.02 accordance with 19 CFR 351.310(d)(1). no further changes to the agreed price AR Printing & Packaging (India) The Department will issue the final and quantity once the commercial Pvt...... 3.02 results of this administrative review, invoice is issued. Hence, the Bafna Exports ...... 3.02 which will include the results of its commercial invoice date sets out the Cello International Pvt. Ltd. (M/S analysis of issues raised in any such Cello Paper Products) ...... 3.02 final terms of sale.’’ 11 Accordingly, we comments, or at a hearing, if requested, Corporate Stationary Pvt. Ltd. .... 3.02 within 120 days of publication of these have relied on invoice date as the sale Creative Divya ...... 3.02 date for both the U.S. market and D.D International ...... 3.02 preliminary results, unless extended. Riddhi’s third country market, Panama. Exel India (Pvt.) Ltd...... 3.02 See section 751(a)(3)(A) of the Act, and Exmart International Pvt. Ltd...... 3.02 19 CFR 351.213(h). Currency Conversion Fatechand Mahendrakumar ...... 3.02 Assessment Rate For purposes of these preliminary FFI International ...... 3.02 Upon completion of the final results results, we made currency conversions Freight India Logistics Pvt. Ltd ... 3.02 International Greetings Pvt. Ltd. 3.02 of this administrative review, the in accordance with section 773A(a) of Kejriwal Paper Ltd., and Kejriwal Department shall determine, and CBP the Act, based on the official exchange Exports ...... 3.02 shall assess, antidumping duties on all rates published by the Federal Reserve Lodha Offset Limited ...... 3.02 appropriate entries. Pursuant to 19 CFR Bank. See Preliminary Calculation Magic International ...... 3.02 351.212(b)(1), the Department will Memorandum for Navneet, and Marigold ExIm Pvt. Ltd...... 3.02 calculate importer-specific assessment Preliminary Calculation Memorandum Marisa International ...... 3.02 Orient Press Ltd...... 3.02 rates for each respondent based on the for Riddhi, both dates September 30, ratio of the total amount of antidumping 2011. Paperwise Inc...... 3.02 Pioneer Stationery Pvt. Ltd...... 3.02 duties calculated for the examined sales Preliminary Results of the Review Premier Exports ...... 3.02 to the total entered value of those sales. Rajvansh International ...... 3.02 Where the respondent did not report the As a result of our review, we SAB International ...... 3.02 entered value for U.S. sales, we have preliminarily determine that weighted- Sar Transport Systems ...... 3.02 calculated importer-specific assessment average dumping margins exist for the Seet Kamal International ...... 3.02 rates for the merchandise in question by following respondents for the period Super Impex ...... 3.02 aggregating the dumping margins September 1, 2009, through August 31, Sonal Printers Pvt Ltd...... 3.02 calculated for all U.S. sales to each 2010: Swati Growth Funds Ltd...... 3.02 V & M ...... 3.02 importer and dividing this amount by the total quantity of those sales. To Weighted Yash Laminates ...... 3.02 determine whether the duty assessment Manufacturer/exporter average margin Public Comment rates were de minimis, in accordance (percent) with the requirement set forth in 19 CFR The Department intends to disclose 351.106(c)(2), we calculated importer- Navneet Publications (India) Ltd. 2.65 calculations performed for these specific ad valorem rates based on the Riddhi Enterprises, Ltd ...... 3.58 preliminary results within five days of estimated entered value. Where the the date of publication of this notice to assessment rate is above de minimis, we Review-Specific Average Rate 12 the parties to this proceeding in will instruct CBP to assess duties on all Applicable to the 33 Non-Selected accordance with 19 CFR 351.224(b). entries of subject merchandise by that Companies Subject to This Review: Interested parties may submit case briefs importer. Pursuant to 19 CFR no later than 30 days after the date of 351.106(c)(2), we will instruct CBP to Weighted publication of these preliminary results average liquidate without regard to antidumping Manufacturer/Exporter margin of review. See 19 CFR 351.309(c)(ii). duties any entries for which the (percent) Rebuttal briefs are limited to issues assessment rate is de minimis (i.e., less raised in the case briefs and may be than 0.50 percent). The Department Abhinav Paper Products Pvt. filed no later than five days after the intends to issue assessment instructions Ltd...... 3.02 time limit for filing the case briefs. See directly to CBP 15 days after publication 19 CFR 351.309(d). Parties submitting of the final results of this review. 10 See Certain Lined Paper Products from India: arguments in this proceeding are The Department clarified its Notice of Final Results of Antidumping Duty requested to submit with the argument: ‘‘automatic assessment’’ regulation on Administrative Review, 75 FR 7563 (February 22, (1) A statement of the issue, (2) a brief 2010), and accompanying Issues and Decision May 6, 2003. See Antidumping and Memorandum at Comment 2. summary of the argument, and (3) a Countervailing Duty Proceedings: 11 See Riddhi’s Sec. AQR at page A–23. table of authorities, in accordance with Assessment of Antidumping Duties, 68 12 This rate is a weighted-average percentage 19 CFR 351.309(d)(2). Further, parties FR 23954 (May 6, 2003). This margin (calculated based on the publicly ranged submitting case and/or rebuttal briefs clarification will apply to entries of U.S. quantities of the two reviewed companies with are requested to provide the Department an affirmative dumping margin) for the period subject merchandise during the POR September 1, 2009, through August 31, 2010. See with an additional electronic copy of produced by the respondents subject to Memorandum to the File, titled, ‘‘Certain Lined the public version of any such this review for which the reviewed Paper Products from India: Margin for Respondents comments on a cd-rom. Case and companies did not know that the Not Selected for Individual Examination,’’ from rebuttal briefs must be served on George McMahon and Stephanie Moore, Case merchandise which it sold to an Analysts, through James Terpstra, Program interested parties in accordance with 19 intermediary (e.g., a reseller, trading Manager, dated September 30, 2011. CFR 351.303(f). company, or exporter) was destined for

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the United States. In such instances, we Notification to Importers issue and (2) a brief summary of the will instruct CBP to liquidate This notice also serves as a argument. unreviewed entries at the all-others rate preliminary reminder to importers of DATES: Effective Date: October 7, 2011. if there is no rate for the intermediary their responsibility under 19 CFR FOR FURTHER INFORMATION CONTACT: involved in the transaction. For a full 351.402(f) to file a certificate regarding Dmitry Vladimirov or Minoo Hatten, discussion of this clarification, see id. the reimbursement of antidumping and/ AD/CVD Operations, Office 5, Import Cash Deposit Requirements or countervailing duties prior to Administration, International Trade liquidation of the relevant entries Administration, U.S. Department of To calculate the cash deposit rates for during this review period. Failure to Commerce, 14th Street and Constitution Navneet and Riddhi, we divided their comply with this requirement could Avenue, NW., Washington, DC 20230; total dumping margins by the total net result in the Secretary’s presumption telephone: (202) 482–0665 and (202) value of each of their sales during the that reimbursement of antidumping 482–1690, respectively. review period. For the companies which and/or countervailing duties occurred were not selected for individual review, and the subsequent increase in Background we have calculated a cash deposit antidumping duties by the amount of On September 15, 1997, the weighted-average rate based on the antidumping and/or countervailing Department published in the Federal publicly ranged U.S. quantities of duties reimbursed. These preliminary Register an amended final Navneet’s and Riddhi’s affirmative results of administrative review are determination and antidumping duty dumping margins for the period issued and published in accordance order on freshwater crawfish tail meat September 1, 2009, through August 31, with sections 751(a)(1) and 777(i)(1) of from the PRC. See Notice of Amendment 2010. the Act and 19 CFR 351.221(b)(4). to Final Determination of Sales at Less Than Fair Value and Antidumping Duty The following deposit rates will be Dated: September 30, 2011. Ronald K. Lorentzen, Order: Freshwater Crawfish Tail Meat effective upon publication of the final From the People’s Republic of China, 62 results of this administrative review for Deputy Assistant Secretary for Import Administration. FR 48218 (September 15, 1997). On all shipments of CLPP from India September 1, 2010, the Department [FR Doc. 2011–26065 Filed 10–6–11; 8:45 am] entered, or withdrawn from warehouse, published in the Federal Register a for consumption on or after the BILLING CODE 3510–DS–P notice of opportunity to request an publication date, as provided by section administrative review of the order. See 751(a)(2)(C) of the Act: (1) The cash DEPARTMENT OF COMMERCE Antidumping or Countervailing Duty deposit rate for companies subject to Order, Finding, or Suspended this review will be the rate established International Trade Administration Investigation; Opportunity To Request in the final results of this review, except Administrative Review, 75 FR 53635 if the rate is less than 0.5 percent and, [A–570–848] (September 1, 2010). therefore, de minimis, no cash deposit On October 28, 2010, based on timely will be required; (2) for previously Preliminary Results Freshwater requests for an administrative review, reviewed or investigated companies not Crawfish Tail Meat From the People’s the Department published in the listed above, the cash deposit rate will Republic of China: of Antidumping Federal Register a notice of initiation of continue to be the company-specific rate Duty Administrative Review and Intent an administrative review of the published for the most recent final To Rescind Review in Part antidumping duty order on freshwater results for a review in which that crawfish tail meat from the PRC. See manufacturer or exporter participated; AGENCY: Import Administration, Initiation of Antidumping and (3) if the exporter is not a firm covered International Trade Administration, Countervailing Duty Administrative in this review, a prior review, or the Department of Commerce. Reviews, 75 FR 66349 (October 28, original less-than-fair-value (LTFV) SUMMARY: In response to timely 2010) (Initiation). The review was investigation, but the manufacturer is, requests, the Department of Commerce initiated with respect to China Kingdom the cash deposit rate will be the rate (the Department) is conducting an (Beijing) Import & Export Co., Ltd. established for the most recent final administrative review of the (China Kingdom), Shanghai Ocean results for the manufacturer of the antidumping duty order on freshwater Flavor International Trading Co., Ltd. merchandise; and (4) if neither the crawfish tail meat from the People’s (Shanghai Ocean Flavor), Xiping Opeck exporter nor the manufacturer is a firm Republic of China (PRC). The period of Food Co., Ltd. (Xiping Opeck), Xuzhou covered in this or any previous review review (POR) is September 1, 2009, Jinjiang Foodstuffs Co., Ltd. (Xuzhou conducted by the Department, the cash through August 31, 2010. Jinjiang), Yancheng Hi-King Agriculture deposit rate will be 3.91 percent, the all- Although we have preliminarily Developing Co., Ltd. (Yancheng Hi- others rate established in the LTFV determined that sales have not been King), and Nanjing Gemsen investigation. See Lined Paper Orders.13 made below normal value by Xiping International Co., Ltd (Nanjing Gemsen). Opeck Food Co., Ltd., our analysis of These cash deposit requirements, when On November 18, 2010, we selected the applicable transactions requires imposed, shall remain in effect until Xiping Opeck and Yancheng Hi-King for additional information. See discussion further notice. individual examination. See below. We have preliminarily memorandum entitled ‘‘Freshwater determined that sales have been made Crawfish Tail Meat from the People’s 13 See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper below normal value by China Kingdom Republic of China—Respondent Products from the People’s Republic of China; (Beijing) Import & Export Co., Ltd. Selection,’’ dated November 18, 2010. Notice of Antidumping Duty Orders: Certain Lined We invite interested parties to The Department rescinded the review Paper Products from India, Indonesia and the comment on these preliminary results. with respect to Yancheng Hi-King in People’s Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Parties who submit comments in this Freshwater Crawfish Tail Meat From the Products from India and Indonesia, 71 FR 56949 review are requested to submit with People’s Republic of China: Rescission (September 28, 2006) (Lined Paper Orders). each argument (1) a statement of the of Antidumping Duty Administrative

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Review in Part, 76 FR 10879 (February evidence of exports from these three preliminary results are published, we 28, 2011). entities. See Memorandum to File will issue our determination regarding We extended the due date for the entitled ‘‘Freshwater Crawfish Tail Meat the findings of our inquiry. preliminary results of review by 120 from the People’s Republic of China— Non-Market-Economy Country Status days to September 30, 2011. See placing CBP data on the record of this Freshwater Crawfish Tail Meat From the review,’’ dated November 3, 2010. The Department considers the PRC to People’s Republic of China: Extension of Additionally, on January 10, 2011, we be a non-market-economy (NME) Time Limit for Preliminary Results of requested that CBP report any contrary country. In accordance with section Antidumping Duty Administrative information. To date, CBP has not 771(18)(C)(i) of the Act, any Review, 76 FR 32357 (June 6, 2011), and responded to our inquiry 1 and we have determination that a country is an NME Freshwater Crawfish Tail Meat From the not received any evidence that these country shall remain in effect until People’s Republic of China: Extension of three entities had any shipments to the revoked by the administering authority. Time Limit for Preliminary Results of United States of subject merchandise See Brake Rotors From the People’s Antidumping Duty Administrative during the POR. Therefore, pursuant to Republic of China: Preliminary Results Review, 76 FR 43260 (July 20, 2011). 19 CFR 351.213(d)(3), the Department and Partial Rescission of the 2004/2005 We are conducting this review in intends to rescind this review in part Administrative Review and Preliminary accordance with section 751 of the with respect to Shanghai Ocean Flavor, Notice of Intent To Rescind the 2004/ Tariff Act of 1930, as amended (the Act). Xuzhou Jinjiang, and Nanjing Gemsen. 2005 New Shipper Review, 71 FR 26736 (May 8, 2006) (unchanged in Brake Scope of the Order Allegation of Middleman Dumping Rotors From the People’s Republic of The product covered by the order is On June 7, 2011, the Crawfish China: Final Results and Partial freshwater crawfish tail meat, in all its Processors Alliance (CPA) made an Rescission of the 2004/2005 forms (whether washed or with fat on, allegation of middleman dumping. Administrative Review and Notice of whether purged or unpurged), grades, Between June 20, 2011, and August 19, Rescission of 2004/2005 New Shipper and sizes; whether frozen, fresh, or 2011, we received comments from Review, 71 FR 66304 (November 14, chilled; and regardless of how it is Xiping Opeck and CPA concerning the 2006)). None of the parties to this packed, preserved, or prepared. allegation. As we explain in detail in the proceeding has contested NME Excluded from the scope of the order are memorandum entitled ‘‘Freshwater treatment for the PRC. Therefore, for live crawfish and other whole crawfish, Crawfish Tail Meat from the People’s these preliminary results of whether boiled, frozen, fresh, or chilled. Republic of China—Evaluation of an administrative review we have treated Also excluded are saltwater crawfish of Allegation of Middleman Dumping and the PRC as an NME country and applied any type and parts thereof. Freshwater Nature of Transactions Pertaining to the our current NME methodology in crawfish tail meat is currently Entries Under Review,’’ dated accordance with section 773(c) of the classifiable in the Harmonized Tariff concurrently with this notice, at this Act. Schedule of the United States (HTSUS) time we do not find a middleman Surrogate Country under item numbers 1605.40.10.10 and dumping inquiry as such to be the 1605.40.10.90, which are the HTSUS appropriate vehicle by which to In antidumping proceedings involving numbers for prepared foodstuffs, examine the transactions relevant to the NME countries, pursuant to section indicating peeled crawfish tail meat and entries subject to this review. The 773(c)(1) of the Act, the Department other, as introduced by U.S. Customs record evidence suggests, however, a generally bases normal value on the and Border Protection (CBP) in 2000, lack of commercial soundness in the value of the NME producer’s factors of and HTSUS numbers 0306.19.00.10 and transactions reported by Xiping Opeck production (FOP). In accordance with 0306.29.00.00, which are reserved for in this review and that another entity in section 773(c)(4) of the Act, in valuing fish and crustaceans in general. The the distribution channel plays a role in the FOP the Department uses, to the HTSUS subheadings are provided for the pricing associated with the entries of extent possible, the prices or costs of the convenience and customs purposes subject merchandise in this review.2 FOP in one or more market-economy only. The written description of the Further inquiry and a determination on countries that are at a level of economic scope of the order is dispositive. this issue is key in establishing whether development comparable to that of the another company in the distribution NME country which are significant Intent To Rescind Review in Part channel and/or Xiping Opeck is the producers of merchandise comparable In accordance with 19 CFR entity properly subject to a dumping to the subject merchandise. The 351.213(d)(3), the Department may inquiry as an exporter of subject Department has determined that India, rescind an administrative review, ‘‘in merchandise and ultimately responsible Indonesia, the Philippines, Peru, whole or only with respect to a for the pricing of entries of crawfish tail Ukraine, and Thailand are countries that particular exporter or producer, if {the meat into the United States at issue in are at a level of economic development Department} concludes that, during the this review. Consequently, we intend to comparable to that of the PRC.3 period covered by the review, there issue a questionnaire to the entity Moreover, it is the Department’s were no entries, exports, or sales of the alleged to be involved with entries practice to select an appropriate subject merchandise * * *.’’ Record subject to this review. After these surrogate country based on the evidence indicates that Shanghai Ocean availability and reliability of data from Flavor, Xuzhou Jinjiang, and Nanjing 1 CBP only responds to the Department’s inquiry these countries. See Department Policy Gemsen did not have any exports of when there are records of shipments from the Bulletin No. 04.1: Non-Market Economy company in question. See, e.g., Certain Hot-Rolled Surrogate Country Selection Process, subject merchandise during the POR. Flat-Rolled Carbon Quality Steel Flat Products See the November 1, 2010, submissions From Brazil: Notice of Rescission of Antidumping dated March 1, 2004. While none of the from Shanghai Ocean Flavor and Duty Administrative Review, 75 FR 65453, 65454 Nanjing Gemsen and the December 22, (October 25, 2010). 3 See Memorandum entitled ‘‘Request for a List of 2010, submission from Xuzhou Jinjiang. 2 We are withholding the identity of the alleged Surrogate Countries for an Administrative Review middleman because Xiping Opeck’s customer of the Antidumping Duty Order on Freshwater Moreover, we have reviewed the CBP claimed business-proprietary treatment of this Crawfish Tail Meat (‘‘FCTM’’) from the People’s entry data for the POR and found no information. Republic of China (‘‘PRC’’)’’ dated January 7, 2011.

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countries the Department selected is a been used in prior segments of this pertaining to the company’s eligibility significant producer of freshwater proceeding.8 for a separate rate. crawfish tail meat,4 India has a seafood- Separate Rates Absence of De Jure Control processing industry that is comparable to the crawfish industry with respect to A designation of a country as an NME The Department considers the factory overhead, selling, general, and remains in effect until it is revoked by following de jure criteria in determining administrative (SG&A) expenses, and the Department. See section 771(18)(C) whether an individual company may be profit.5 Therefore, we have selected of the Act. In proceedings involving granted a separate rate: (1) An absence India as the primary surrogate country NME countries, the Department has a of restrictive stipulations associated in which to value all inputs with the rebuttable presumption that all with an individual exporter’s business exception of live crawfish, the primary companies within the country are and export licenses; (2) any legislative input, and the by-product, crawfish- subject to government control and thus enactments decentralizing control of shell scrap. should be assessed a single antidumping companies; (3) any other formal As noted, India does not have a fresh- duty rate. See, e.g., Notice of Final measures by the government crawfish industry (although it has a sea- Determination of Sales at Less Than decentralizing control of companies. See crawfish industry) and we have Fair Value, and Affirmative Critical Sparklers, 56 FR at 20589. determined that other forms of seafood Circumstances, In Part: Certain Lined Xiping Opeck and China Kingdom are not sufficiently comparable to Paper Products From the People’s have both placed on the administrative crawfish to serve as surrogates for live Republic of China, 71 FR 53079 record a copy of their business licenses crawfish. Accordingly, we have valued (September 8, 2006), and Final and Foreign Trade Operator Registration live crawfish using the only information Determination of Sales at Less Than Records. Xiping Opeck also placed on available on the record with which to Fair Value and Final Partial Affirmative the administrative record a copy of the value live crawfish, data which was Determination of Critical company’s Articles of Incorporation. obtained from the same source that was Circumstances: Diamond Sawblades None of these documents contains used to value live crawfish in several and Parts Thereof From the People’s restrictions with respect to export previous segments of this proceeding, Republic of China, 71 FR 29303 (May activities. In its separate rate i.e., imports of live crawfish from 22, 2006). certifications, Xiping Opeck and China Portugal into Spain as reported by In the Initiation, the Department Kingdom both certified the following Agencia Tributaria, the Spanish notified parties of the application concerning the companies during the government agency responsible for trade process by which exporters and POR: (1) As with the previous segment statistics.6 Spain is a significant producers may obtain separate rate of the proceeding in which each firm producer of comparable merchandise, status in NME proceedings. See was granted a separate rate (previous i.e., whole processed crawfish,7 and Initiation, 75 FR at 66350. It is the Granting Period), there were no there are publicly available import Department’s policy to assign all government laws or regulations that statistics for Spain. exporters of merchandise subject to a controlled each firm’s export activities; We have selected Indonesia as a proceeding involving an NME country (2) the ownership under which the firm secondary surrogate country for this single rate unless an exporter can registered itself with the official purposes of valuing the crawfish shell demonstrate that it is sufficiently government business license issuing by-product because there are no independent so as to be entitled to a authority remains the same as for the appropriate Indian surrogate values for separate rate. The Department assigns previous Granting Period; (3) the firm crawfish shell by-product on the record separate rates in NME proceedings only had a valid PRC Export Certificate of of this review and because the if respondents can demonstrate the Approval, now referred to and labeled Indonesian pricing data are the only absence of both de jure and de facto as a Registration Form for Foreign Trade information available on the record with government control over export Operator; (4) as in the previous Granting which to value crawfish shells. In activities under a test developed by the Period, in order to conduct export addition, we find that Indonesia is Department and described in Final activities, the firm was not required by appropriate to use for the following Determination of Sales at Less Than law or regulation at any level of reasons: (a) It is at a level of economic Fair Value: Sparklers From the People’s government to possess additional development comparable to the PRC; (b) Republic of China, 56 FR 20588 (May 6, certificates or other documents related it produces wet crab and shrimp shells 1991) (Sparklers), and Notice of Final to the legal status and/or operation of its which are merchandise comparable to Determination of Sales at Less Than business beyond those discussed above; the shell by-product; (c) it has publicly Fair Value: Silicon Carbide From the (5) PRC government laws and legislative available data, i.e., a public price quote People’s Republic of China, 59 FR 22585 enactments applicable to Xiping Opeck from an Indonesian company that has (May 2, 1994) (Silicon Carbide). and China Kingdom remained the same In this administrative review, Xiping as in the previous Granting Period. In 4 See Memorandum entitled ‘‘Freshwater Opeck and China Kingdom are the only prior cases, we have found an absence Crawfish Tail Meat from the People’s Republic of of de jure control absent proof on the China: Selection of a Surrogate Country,’’ dated companies that submitted a separate September 30, 2011 (Surrogate-Country Memo). rate certification. Additionally, the record to the contrary. See, e.g., Notice 5 Id. Department received a complete of Final Determination of Sales at Less 6 For an example of a previous segment of the response to the antidumping Than Fair Value: Furfuryl Alcohol From proceeding where this source was used, see questionnaire from Xiping Opeck which the People’s Republic of China, 60 FR Freshwater Crawfish Tail Meat From the People’s 22544 (May 8, 1995) (Furfuryl Alcohol). Republic of China: Preliminary Results of contained additional information Antidumping Duty Administrative and New- We have no information in this review Shipper Reviews, 75 FR 34100 (June 16, 2010) 8 See Memorandum entitled ‘‘Surrogate Valuation that would cause us to reconsider this (unchanged in Freshwater Crawfish Tail Meat From of Shell Scrap: Freshwater Crawfish Tail Meat from determination. the People’s Republic of China: Final Results of the People’s Republic of China, Administrative Further, prior verifications have Antidumping Duty Administrative and New- Review 9/1/00–8/31/01 and New Shipper Reviews Shipper Reviews, 75 FR 79337 (December 20, 9/1/00–8/31/01 and 9/1/00–10/15/01’’ dated August confirmed that there are no commodity- 2010)). 5, 2002, which has been placed on the record of this specific export licenses required and no 7 See Surrogate-Country Memo. review. quotas for the seafood category ‘‘Other,’’

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which includes crawfish, in China’s of the PRC central government have not exporter of crawfish tail meat from the Tariff and Non-Tariff Handbook for been implemented uniformly among PRC that demonstrated its eligibility for 1996 and 1997. See Freshwater Crawfish different sectors and/or jurisdictions in a separate rate which was not selected Tail Meat From The People’s Republic the PRC. See Silicon Carbide, 59 FR at for individual examination in this of China; Preliminary Results of New 22587. Therefore, the Department has review. Shipper Review, 64 FR 8543 (February determined that an analysis of de facto The statute and the Department’s 22, 1999) (1999 Crawfish NSR control is critical in determining regulations do not address the Preliminary Results) (unchanged in whether the respondents are, in fact, establishment of a rate to be applied to Freshwater Crawfish Tail Meat From the subject to a degree of government individual companies not selected for People’s Republic of China; Final control which would preclude the examination when the Department Results of New Shipper Review, 64 FR Department from assigning separate limits its examination in an 27961 (May 24, 1999)). rates. The Department typically administrative review pursuant to We have confirmed previously that considers the following four factors in section 777A(c)(2) of the Act. Generally freshwater crawfish tail meat is not on evaluating whether a respondent is we have looked to section 735(c)(5) of the list of commodities with planned subject to de facto government control the Act, which provides instructions for quotas in the 1992 PRC Ministry of of its export functions: (1) Whether the calculating the all-others rate in an Foreign Trade and Economic export prices are set by, or subject to the investigation, for guidance when Cooperation document entitled approval of, a government agency; (2) calculating the rate for respondents we Temporary Provisions for whether the respondent has the did not examine in an administrative Administration of Export Commodities. authority to negotiate and sign contracts review. Section 735(c)(5)(A) of the Act See 1999 Crawfish NSR Preliminary and other agreements; (3) whether the articulates a preference that we are not Results, 64 FR at 8544. respondent has autonomy from the to calculate an all-others rate using any The Department has found previously government in making decisions zero or de minimis margins or any that the Company Law of the People’s regarding the selection of management; margins based entirely on facts Republic of China governing business (4) whether the respondent retains the available. Accordingly, the activities of Xiping Opeck and China proceeds of its export sales and makes Department’s usual practice has been to Kingdom, made effective on July 1, independent decisions regarding the average the rates for the selected 1994, with the amended version disposition of profits or financing of companies, excluding zero, de minimis, promulgated on August 28, 2004, states losses. See Silicon Carbide, 59 FR at and rates based entirely on facts that a company is an enterprise legal 22586–87, and Furfuryl Alcohol, 60 FR available. See Ball Bearings and Parts person, that shareholders shall assume at 22545. Thereof From France, Germany, Italy, liability towards the company to the Xiping Opeck and China Kingdom Japan, and the United Kingdom: Final extent of their shareholdings, and that have each made the following Results of Antidumping Duty the company shall be liable for its debts assertions: (1) It establishes its own Administrative Reviews and Rescission to the extent of all its assets. See export prices; (2) it negotiates contracts of Reviews in Part, 73 FR 52823, 52824 Freshwater Crawfish Tail Meat From the without guidance from any government (September 11, 2008), and People’s Republic of China: Preliminary entities or organizations; (3) it makes its accompanying Issues and Decision (I&D) Results and Partial Rescission of the own personnel decisions; (4) it retains Memorandum at Comment 16. Section 2005–2006 Antidumping Duty the proceeds of its export sales, uses 735(c)(5)(B) of the Act also provides Administrative Review and Preliminary profits according to its business needs, that, where all margins are zero, de Intent to Rescind 2005–2006 New and has the authority to sell its assets minimis, or based entirely on facts Shipper Reviews, 72 FR 57288 (October and to obtain loans. available, we may use ‘‘any reasonable 9, 2007) (unchanged in Freshwater Based on the information on the method’’ for assigning the rate to non- Crawfish Tail Meat From the People’s record of this review, the Department selected respondents, including Republic of China: Final Results and has preliminarily determined that there ‘‘averaging the estimated weighted- Partial Rescission of the 2005–2006 is an absence of de facto governmental average dumping margins determined Antidumping Duty Administrative control over the export activities of for the exporters and producers Review and Rescission of 2005–2006 Xiping Opeck and China Kingdom. individually investigated.’’ New Shipper Reviews, 73 FR 20249 Given that the Department has found In previous cases, the Department has (April 15, 2008)). that Xiping Opeck and China Kingdom determined that a ‘‘reasonable method’’ Additionally, the Foreign Trade Law operate free of de jure and de facto to use when, as here, the rates of the of the People’s Republic of China also governmental control, we have respondents selected for individual indicates a lack of de jure government preliminarily determined that Xiping examination are zero and de minimis is control. Specifically, this document Opeck and China Kingdom have to apply to those companies not selected identifies the rights and responsibilities satisfied the criteria for a separate rate. for individual examination (but eligible of organizations engaging in foreign Separate Rate for a Non-Selected for a separate rate in NME cases) the trade, grants autonomy to foreign-trade Company average of the most recently determined operators in management decisions, and rates that are not zero, de minimis, or In accordance with section establishes the foreign-trade operator’s based entirely on facts available (which 777A(c)(2)(B) of the Act, we selected accountability for profits and losses. may be from a prior administrative Xiping Opeck and Yancheng Hi-King for Based on the foregoing, the Department review or a new shipper review).9 If any has preliminarily determined that there individual examination because we did is an absence of de jure governmental not have the resources to examine all 9 See Certain Frozen Warmwater Shrimp From the control over the export activities of companies for which a review was People’s Republic of China: Preliminary Results and Xiping Opeck and China Kingdom. requested. See Memorandum entitled Preliminary Partial Rescission of Fifth Antidumping ‘‘Freshwater Crawfish Tail Meat From Duty Administrative Review, 76 FR 8338, 8342 Absence of De Facto Control (February 14, 2011) (unchanged in Administrative the People’s Republic of China— Review of Certain Frozen Warmwater Shrimp From As stated in previous cases, there is Respondent Selection’’ dated November the People’s Republic of China: Final Results and some evidence that certain enactments 18, 2010. China Kingdom is the only Partial Rescission of Antidumping Duty

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such non-selected company had its own U.S. Price reported per-unit rates for the factors calculated rate that is contemporaneous In accordance with section 772(a) of consumed in producing the subject with or more recent than such prior the Act, we based Xiping Opeck’s U.S. merchandise by the average per-unit determined rates, however, the price on export price because the first surrogate value of the factor. In Department has applied such individual sales to unaffiliated purchasers were addition, we added freight costs to the rate to the non-selected company in the made prior to importation and surrogate costs that we calculated for review in question, including when that constructed export price was not material inputs. We calculated freight rate is zero or de minimis.10 In this case, otherwise warranted by the facts on the costs by multiplying surrogate freight there is only one non-selected company record. We calculated export price rates by the shorter of the reported distance from the domestic supplier to under review that is eligible for a based on the packed Cost and Freight the factory that produced the subject separate rate and this company received price to the first unaffiliated purchaser merchandise or the distance from the its own calculated rate that is in the United States. In accordance with section 772(c) of the Act, we calculated nearest seaport to the factory that contemporaneous with or more recent produced the subject merchandise, as than the most recent rates determined net export price by deducting foreign inland-freight expenses, foreign appropriate. This adjustment is in for other companies that are not zero, de accordance with the decision by the minimis, or based entirely on facts brokerage and handling expenses, ocean-freight expenses, and cold-storage United States Court of Appeals for the available. Accordingly, we have expenses from the starting price (gross Federal Circuit in Sigma Corp. v. United concluded that in this case a reasonable unit price) charged to the first States, 117 F.3d 1401, 1407–1408 (Fed. method for determining the rate for the unaffiliated customer in the United Cir. 1997). We increased the calculated non-selected company, China Kingdom, States. We based all movement expenses costs of the FOP for surrogate general is to apply its most recent individually on surrogate values because a PRC expenses and profit. See Memorandum calculated rate. Pursuant to this method, company provided the movement to the File entitled ‘‘Fresh Crawfish Tail we are preliminarily assigning a rate of services for Xiping Opeck (see the Meat from the People’s Republic of 18.87 percent to China Kingdom, its ‘‘Normal Value’’ section of this notice China: Surrogate-Value Memorandum,’’ calculated rate in the previous for further details). dated September 30, 2011 (Surrogate- administrative review. See Freshwater Value Memo). Normal Value Crawfish Tail Meat From the People’s Surrogate Values Republic of China: Final Results of Section 773(c)(1) of the Act provides In selecting surrogate values, we Antidumping Duty Administrative and that the Department shall determine normal value using an FOP considered the quality, specificity, and New-Shipper Reviews, 75 FR 79337 contemporaneity of the data. For these (December 20, 2010). In assigning this methodology if the merchandise is exported from an NME country and the preliminary results, in selecting the best separate rate, we did not impute the available data for valuing FOPs in actions of any other companies to the available information does not permit the calculation of normal value using accordance with section 773(c)(1) of the behavior of the company not home-market prices, third-country Act, we followed our practice of individually examined but based this prices, or constructed value under choosing publicly available values determination on record evidence that section 773(a) of the Act. The which are non-export average values, may be deemed reasonably reflective of Department uses an FOP methodology most contemporaneous with the POR, the potential dumping margin for the because the presence of government product-specific, and tax-exclusive. See, non-individually examined company, controls on various aspects of NMEs e.g., Notice of Preliminary China Kingdom, in this administrative renders price comparisons and the Determination of Sales at Less Than review. calculation of production costs invalid Fair Value, Negative Preliminary under its normal methodologies. See Determination of Critical Circumstances Administrative Review, 76 FR 51940 (August 19, Tapered Roller Bearings and Parts and Postponement of Final 2011)); see also Administrative Review of Certain Thereof, Finished or Unfinished, From Determination: Certain Frozen and Frozen Warmwater Shrimp From the People’s the People’s Republic of China: Canned Warmwater Shrimp From the Republic of China: Final Results and Partial Socialist Republic of Vietnam, 69 FR Rescission of Antidumping Duty Administrative Preliminary Results of Antidumping Review, 75 FR 49460, 49463 (August 13, 2010), and Duty Administrative Review and Notice 42672, 42682 (July 16, 2004) Amanda Foods (Vietnam) Ltd. v. United States, of Intent to Rescind in Part, 70 FR (unchanged in Final Determination of 2011 WL 1423126 (CIT April 14, 2011). 39744, 39754 (July 11, 2005) Sales at Less Than Fair Value: Certain 10 See Certain Frozen Fish Fillets From the (unchanged in Tapered Roller Bearings Frozen and Canned Warmwater Shrimp Socialist Republic of Vietnam: Notice of From the Socialist Republic of Vietnam, Preliminary Results of the New Shipper Review and and Parts Thereof, Finished and Fourth Antidumping Duty Administrative Review Unfinished, from the People’s Republic 69 FR 71005 (December 8, 2004)). We and Partial Rescission of the Fourth Administrative of China: Final Results of 2003–2004 also considered the quality of the source Review, 73 FR 52015 (September 8, 2008), Certain Administrative Review and Partial of surrogate information in selecting Frozen Fish Fillets From the Socialist Republic of Rescission of Review, 71 FR 2517 surrogate values. See Notice of Final Vietnam: Final Results of the Antidumping Duty Determination of Sales at Less Than Administrative Review and New Shipper Reviews, (January 17, 2006)). 74 FR 11349 (March 17, 2009) (changing rate for In accordance with section 773(c) of Fair Value: Certain Cased Pencils From non-selected respondents because the final the Act, we relied on the FOP data the People’s Republic of China, 59 FR calculated rate for the selected respondent was reported by Xiping Opeck for the POR.11 55625, 55633 (November 8, 1994). above de minimis) (unchanged in Certain Frozen Where we could only obtain surrogate Fish Fillets from the Socialist Republic of Vietnam: We calculated normal value by adding Amended Final Results of the Fourth Antidumping together the value of the FOP, general values that were not contemporaneous Duty Administrative Review, 74 FR 17816 (April 17, expenses, profit, and packing costs. with the POR, we inflated the surrogate 2009)); see also Certain Frozen Warmwater Shrimp Specifically, we valued material, labor, values using, where appropriate, the From the Socialist Republic of Vietnam: Final Indian Wholesale Price Index (Indian Results and Final Partial Rescission of energy, and packing by multiplying the Antidumping Duty Administrative Review, 74 FR WPI), the Indonesian Wholesale Price 47191, 47195 (September 15, 2009), and 11 We based the values of the FOPs on surrogate Index (Indonesian WPI), or Spanish accompanying I&D Memorandum at Comment 16. values (see ‘‘Surrogate Values’’ section). Wholesale Price Index (Spanish WPI), as

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published in the International Financial (GTA). The Indian import statistics that deflated, depending on the month) the Statistics of the International Monetary we obtained from the GTA were per-unit average truck-freight rates for Fund. See Surrogate-Value Memo. published by the Directorate General of the selected months of the POR using As explained in the legislative history Commercial Intelligence & Statistics, the Indian WPI to make it of the Omnibus Trade and Ministry of Commerce of India, and are contemporaneous with the POR. We Competitiveness Act of 1988, the contemporaneous with the POR. valued refrigerated-truck freight Department continues to apply its long- We valued whole live crawfish using expenses based on price quotations for standing practice of disregarding the publicly available data for Spanish April 2004 from CTC Freight Carriers of surrogate values if it has a reason to imports of whole live crawfish from Delhi, India, placed originally on the believe or suspect the source data may Portugal during the 2008–2009 POR and record of the antidumping investigation be subsidized.12 In this regard, we have inflated this value using the Spanish of certain frozen warmwater shrimp found previously that it is appropriate WPI to make it contemporaneous with from the PRC. We inflated this surrogate to disregard such prices from India, the POR.16 We valued the crawfish shell value using the Indian WPI. Indonesia, South Korea, and Thailand by-product using a 2001 price quote We valued brokerage and handling because we have determined that these from Indonesia for wet crab and shrimp expenses using a price list of export countries maintain broadly available, shells and inflated this value using the procedures necessary to export a non-industry specific export Indonesian WPI to make it standardized cargo of goods in India. subsidies.13 Based on the existence of contemporaneous with the POR. The price list is compiled based on a these subsidy programs that were We valued water using data from the survey case study of the procedural generally available to all exporters and Maharashtra Industrial Development requirements for trading a standard producers in these countries at the time Corporation (http://www.midcindia.org) shipment of goods by ocean transport in of the POR, the Department finds that it because this source includes a wide India that is published in Doing is reasonable to infer that all exporters range of industrial water tariffs. Business 2011: India, published by the from India, Indonesia, South Korea, and Specifically, this source provides World Bank. Because these data were Thailand may have benefitted from numerous industrial water rates within current throughout the POR, we did not these subsidies. Additionally, we the Maharashtra province for December inflate the value for brokerage and disregarded prices from NME 2009 (for the ‘‘inside industrial areas’’ handling. See Surrogate-Value Memo for countries.14 Finally, imports that were usage category and for the ‘‘outside further details. labeled as originating from an industrial areas’’ usage category). We We valued international freight using ‘‘unspecified’’ country were excluded excluded industrial areas where either the data obtained from the Descartes from the average value because the no data were reported or a ‘‘0’’ was Carrier Rate Retrieval Database (Descartes) which is available at http:// Department could not be certain that reported. We inflated the surrogate descartes.com/. The Descartes database they were not from either an NME value for water using the Indian WPI to is a Web-based service which publishes country or a country with generally make it contemporaneous with the POR. To value electricity, we used March the ocean freight rates of numerous available export subsidies.15 2008 electricity price rates from carriers. In prior administrative reviews We used the following surrogate Electricity Tariff & Duty and Average the Department did not use the values in our margin calculations for Rates of Electricity Supply in India, Descartes database as an ocean freight these preliminary results of review. We published by the Central Electricity surrogate value source because the data valued coal and packing materials using Authority of the Government of India. did not appear to be publicly available. September 2009–August 2010 weighted- As the rates listed in this source became See, e.g., Fresh Garlic from the People’s average Indian import values derived effective on a variety of different dates, Republic of China: Final Results and from the Global Trade Atlas online we are not adjusting the average value Partial Rescission of Antidumping Duty Administrative Review and Final 12 Omnibus Trade and Competitiveness Act of for inflation. 1988, Conf. Report to Accompany H.R. 3, H.R. Rep. We valued non-refrigerated truck- Results of New Shipper Reviews, 71 FR No. 576, 100th Cong., 2nd Sess. (1988) at 590, freight expenses using an average of the 26329 (May 4, 2006), and accompanying reprinted in 1988 U.S.C.C.A.N. 1547, 1623–24. per-unit average rates for September I&D Memorandum at Comment 7. Upon 13 See, e.g., Carbazole Violet Pigment 23 from 2009, December 2009, March 2010, and reexamination, however, we have found India: Final Results of the Expedited Five-Year that this database is accessible to (Sunset) Review of the Countervailing Duty Order, June 2010 which we calculated from 75 FR 13257 (March 19, 2010), and accompanying data at http://www.infobanc.com/ government agencies without charge in I&D Memorandum at 4–5, Certain Cut-to-Length logistics/logtruck.htm. The logistics compliance with Federal Maritime Carbon-Quality Steel Plate from Indonesia: Final section of this Web site contains rates Commission regulations and, thus, we Result of Expedited Sunset Review, 70 FR 45692 now find that this is a publicly available (August 8, 2005), and accompanying I&D for inland-freight trucking between Memorandum at 4, Corrosion-Resistant Carbon many large Indian cities. We inflated (or source. Steel Flat Products from the Republic of Korea: In addition to being publicly Final Results of Countervailing Duty Administrative 16 We determined that it is not appropriate to use available, the Descartes data reflect rates Review, 74 FR 2512 (January 15, 2009), and the contemporaneous Spanish import prices for multiple carriers, the Web site accompanying I&D Memorandum at 17, 19–20, and because the volume of shipments from Portugal reports rates on a daily basis, the price Final Affirmative Countervailing Duty during the POR does not appear to reflect the Determination: Certain Hot-Rolled Carbon Steel Flat industry’s typical commercial quantity. See, e.g., data are based on routes that correspond Products from Thailand, 66 FR 50410 (October 3, Freshwater Crawfish Tail Meat From the People’s closely to those used by the respondent, 2001), and accompanying I&D Memorandum at 23. Republic of China: Notice of Preliminary Results of and they reflect merchandise similar to 14 See, e.g., Certain Kitchen Appliance Shelving Antidumping Duty Administrative Review and subject merchandise. Therefore, the and Racks From the People’s Republic of China: Preliminary Partial Rescission of Antidumping Duty Preliminary Determination of Sales at Less Than Administrative Review, 66 FR 52100, 52105 Descartes data are product-specific, Fair Value and Postponement of Final (October 12, 2001) (unchanged in Freshwater publicly available, a broad-market Determination, 74 FR 9591, 9600 (March 5, 2009) Crawfish Tail Meat From the People’s Republic of average, and contemporaneous with the (unchanged in Certain Kitchen Appliance Shelving China: Final Results of Antidumping Duty POR. Accordingly, we find that the and Racks From the People’s Republic of China: Administrative and New-Shipper Reviews, 75 FR Final Determination of Sales at Less Than Fair 79337 (December 20, 2010)) (2008–2009 Crawfish Descartes database is the best available Value, 74 FR 36656 (July 24, 2009)). Review); see also Surrogate-Value Memo for further source for valuing international freight 15 Id. details. on the record of this review because it

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provides rates that are representative of interim methodology and the data ratios. See Labor Methodologies, 76 FR the entire POR and a broader sources. See Antidumping at 36093. representation of product-specificity. Methodologies in Proceedings Involving Currency Conversion While we find that the Descartes Non-Market Economies: Valuing the database is the superior source on the Factor of Production: Labor; Request for We made currency conversions into record of the reviews for valuing Comment, 76 FR 9544 (February 18, U.S. dollars in accordance with section international freight, to make the source 2011). 773A(a) of the Act based on the less impractical, we had to define On June 21, 2011, the Department exchange rates in effect on the dates of certain parameters in our selection of revised its methodology for valuing the the U.S. sales as certified by the Federal data. For example, we calculated the labor input in NME antidumping Reserve Bank. These exchange rates are period-average international freight rate proceedings. See Antidumping available on the IA Web site at http:// by obtaining rates from multiple carriers Methodologies in Proceedings Involving ia.ita.doc.gov/exchange/index.html. for a single day in each quarter of the Non-Market Economies: Valuing the Preliminary Results of Review POR. Further, we did not include rates Factor of Production: Labor, 76 FR in the period-average international 36092 (June 21, 2011) (Labor As a result of the administrative freight calculation that we determined Methodologies). In Labor Methodologies, review, we preliminarily determine that were from NME carriers. Additionally, the Department determined that the best the following weighted-average we excluded from any individual rate methodology to value the labor input is percentage dumping margins exist for calculation any charges that are covered to use industry-specific labor rates from the period September 1, 2009, through by the brokerage and handling expenses the primary surrogate country. August 31, 2010: that the respondent incurred and which Additionally, the Department are valued by the appropriate surrogate Company Margin determined that the best data source for (percent) value. See Surrogate-Value Memo for industry-specific labor rates is Chapter further details. 6A: Labor Cost in Manufacturing, from Xiping Opeck Food Co., For Xiping Opeck, we valued cold the International Labor Organization Ltd...... 0.00 storage using a 2010–2011 long-term (ILO) Yearbook of Labor Statistics China Kingdom (Beijing) lease price quote obtained from (Yearbook). Import & Export Co., Snowman Frozen Foods Ltd., an Indian Ltd...... 18.87 national company involved in the For these preliminary results, we have calculated the labor inputs using the distribution and storage of frozen and Comments chilled foods. Because data reported in method described in Labor this source were not contemporaneous Methodologies. To value Xiping Opeck’s We will disclose the calculations used with the POR, we deflated the surrogate labor inputs, we relied on data reported in our analysis to interested parties to value for cold storage using the Indian by India to the ILO in Chapter 6A of the this review within five days of the date WPI. See Surrogate-Value Memo. This Yearbook. We find further that the two- of publication of this notice. See 19 CFR source was used in the 2008–2009 digit description under ISIC–Revision 3 351.224(b). Crawfish Review. When the product is (i.e., 15—‘‘Manufacture of Food Case briefs from interested parties fully processed, packed, and then Products and Beverages’’) is the best may be submitted not later than seven placed into a cold-storage facility not available information on the record (7) days after the date on which we located at the production/processing because it is specific to the industry issue our determination regarding the facility prior to the date of shipment being examined and is therefore derived findings of our inquiry into the selling from the exporting country, our practice from industries that produce practices of the entity alleged to be is to treat cold storage as a movement comparable merchandise. Specifically, involved with entries subject to this expense and deduct it from the U.S. this category captures class 1512— review. See 19 CFR 351.309(c)(1)(ii). price. See, e.g., Fresh Garlic From the ‘‘Processing and Preserving of Fish and Rebuttal briefs from interested parties, People’s Republic of China: Final Fish Products.’’ Accordingly, relying on limited to the issues raised in the case Results of Antidumping Duty New Chapter 6A of the Yearbook, we briefs, may be submitted not later than Shipper Reviews, 69 FR 46498, 46500 calculated the labor inputs using labor five days after the time limit for filing (August 3, 2004). data reported by India to the ILO under the case briefs or comments. See 19 CFR Previously, with respect to valuation Sub-Classification 15 of the ISIC– 351.309(d)(1). of labor inputs, the Department used Revision 3 standard in accordance with Any interested party may request a regression-based wages that captured section 773(c)(4) of the Act. The ILO hearing no later than the date on which the worldwide relationship between per data reported under Chapter 6A of the the case briefs are due. See 19 CFR capita Gross National Income (GNI) and Yearbook reflects all costs related to 351.310. Interested parties who wish to hourly manufacturing wages, pursuant labor, including wages, benefits, request a hearing or to participate in a to 19 CFR 351.408(c)(3), to value the housing, training, etc. A more detailed hearing if a hearing is requested must respondent’s cost of labor. On May 14, description of the wage-rate calculation submit a written request to the Assistant 2010, the Court of Appeals for the methodology is provided in the Secretary for Import Administration. Federal Circuit (CAFC) in Dorbest Ltd. Surrogate-Value Memo. Requests should contain the following v. United States, 604 F.3d 1363, 1372 We valued SG&A, factory overhead information: (1) The party’s name, (Fed. Cir. 2010) (Dorbest), invalidated costs, and profit using the 2007–2008 address, and telephone number; (2) the 19 CFR 351.408(c)(3). As a consequence financial statements of Nekkanti Sea number of participants; (3) a list of of the CAFC’s ruling in Dorbest, the Foods Ltd., an Indian seafood processor. issues to be discussed. See 19 CFR Department no longer relies on the See Surrogate-Value Memo. Because the 351.310(c). Issues raised in the hearing regression-based wage rate methodology financial statements used to calculate will be limited to those raised in the described in its regulations. On the surrogate financial ratios do not case briefs. See 19 CFR 351.310(c). February 18, 2011, the Department include itemized detail of labor costs, If requested, any hearing will be held published in the Federal Register a we did not make adjustments to certain two days after the scheduled date for request for public comment on the labor costs in the surrogate financial submission of rebuttal briefs. See 19

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CFR 351.310(d). Parties who submit Notification to Importers specific assessment rates are above de case briefs or rebuttal briefs in this This notice also serves as a minimis. We invite interested parties to review are requested to submit with preliminary reminder to importers of comment on these preliminary results. each argument a statement of the issue, their responsibility under 19 CFR We intend to issue the final results no a summary of the arguments not 351.402(f)(2) to file a certificate later than 120 days from the date of exceeding five pages, and a table of regarding the reimbursement of publication of this notice, pursuant to statutes, regulations, and cases cited. antidumping duties prior to liquidation section 751(a)(3)(A) of the Tariff Act of See 19 CFR 351.309(c)(2). of the relevant entries during this 1930, as amended (‘‘the Act’’). The Department intends to issue the review period. Failure to comply with DATES: final results of this administrative this requirement could result in the Effective Date: October 7, 2011. review, including the results of its Secretary’s presumption that FOR FURTHER INFORMATION CONTACT: analysis of issues raised in any such reimbursement of antidumping duties Raquel Silva or Erin Begnal, AD/CVD written briefs or at the hearing, if held, occurred and the subsequent assessment Operations, Office 8, Import not later than 120 days after the date of of double antidumping duties. Administration, International Trade publication of this notice. See section This review and notice are in Administration, U.S. Department of 751(a)(3)(A) of the Act. accordance with sections 751(a)(1), Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; Assessment Rates 751(a)(2)(B)(iv), 751(a)(3), and 777(i) of the Act. telephone: (202) 482–6475 or (202) 482– The Department shall determine, and 1442, respectively. Dated: September 30, 2011. CBP shall assess, antidumping duties on SUPPLEMENTARY INFORMATION: all appropriate entries. In accordance Ronald K. Lorentzen, with 19 CFR 351.212(b)(1), we have Deputy Assistant Secretary for Import Background calculated importer-specific (or Administration. On September 4, 2008, the customer-specific) assessment rates for [FR Doc. 2011–26069 Filed 10–6–11; 8:45 am] Department published the antidumping merchandise subject to this review. BILLING CODE 3510–DS–P duty order on OTR tires from the PRC.1 Based on these preliminary results, we On September 1, 2010, the Department will direct CBP to assess no dumping published a notice of opportunity to duties on each entry made by the sole DEPARTMENT OF COMMERCE request an administrative review of the importer Xiping Opeck reported as its order for the period of review (‘‘POR’’) International Trade Administration customer. September 1, 2009, through August 31, 2010.2 Interested parties made requests For China Kingdom, we will instruct [A–570–912] CBP to apply the rate listed above to all for review between September 17, 2010, entries of subject merchandise exported Certain New Pneumatic Off-the-Road and September 30, 2010, on certain by this company. Tires From the People’s Republic of exporters. On October 28, 2010, the We intend to issue assessment China: Preliminary Results of the Department initiated the administrative instructions to CBP 15 days after the 2009–2010 Antidumping Duty review of the antidumping duty order Administrative Review and Intent To on OTR tires from the PRC for the date of publication of the final results of 3 review. Rescind, in Part 2009—2010 POR. On January 18, 2011, the Department exercised its authority Cash-Deposit Requirements AGENCY: Import Administration, to limit the number of respondents The following cash-deposit International Trade Administration, selected for individual examination pursuant to section 777A(c)(2) of the requirements will be effective upon Department of Commerce. Act. The Department selected the three publication of the final results of review SUMMARY: The Department of Commerce largest exporters by volume as our for all shipments of the subject (‘‘the Department’’) is conducting an mandatory respondents for this review: merchandise entered, or withdrawn administrative review of the Qingdao Free Trade Zone Full World from warehouse, for consumption on or antidumping duty order on certain new International Trading Co., Ltd. (‘‘Full after the publication date as provided by pneumatic off-the-road tires (‘‘OTR World’’), Hebei Starbright Tire Co., Ltd. section 751(a)(2)(C) of the Act: (1) For tires’’) from the People’s Republic of (‘‘Starbright’’), and TUTRIC. On January subject merchandise exported by Xiping China (‘‘PRC’’) covering the period 19, 2011, the Department issued its Opeck and China Kingdom, the cash- September 1, 2009, through August 31, antidumping duty questionnaire to the deposit rate will be that established in 2010. We have preliminarily determined three mandatory respondents. On March the final results of review; (2) for that the mandatory respondent, Tianjin 18, 2011, the Department published in previously reviewed or investigated United Tire & Rubber International Co., the Federal Register a partial rescission companies not listed above that have Ltd. (‘‘TUTRIC’’), made sales of subject of review for eight exporters, including separate rates, the cash-deposit rate will merchandise to the United States at Full World and Starbright.4 Two continue to be the company-specific rate prices below normal value (‘‘NV’’). published for the most recent period; (3) Additionally, we also preliminarily 1 See Certain New Pneumatic Off-the-Road Tires for all other PRC exporters of subject determine that Weihai Zhongwei From the People’s Republic of China: Notice of merchandise which have not been Rubber Co., Ltd. (‘‘Weihai’’) had no Amended Final Affirmative Determination of Sales found to be entitled to a separate rate, shipments during the POR, and at Less Than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 4, 2008). the cash-deposit rate will be PRC-wide therefore we intend to rescind the 2 See Antidumping or Countervailing Duty Order, rate of 223.01 percent; (4) for all non- review with respect to Weihai. If these Finding, or Suspended Investigation; Opportunity PRC exporters of subject merchandise preliminary results are adopted in our to Request Administrative Review, 75 FR 53635 the cash-deposit rate will be the rate final results of review, we will instruct (September 1, 2010). applicable to the PRC entity that U.S. Customs and Border Protection 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 75 FR supplied that exporter. These deposit (‘‘CBP’’) to assess antidumping duties 66349 (October 28, 2010). requirements, when imposed, shall on entries of subject merchandise 4 The other companies for which the review was remain in effect until further notice. during the POR for which the importer- rescinded in addition to Full World and Starbright

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companies remain under review: industrial tractors,9 log-skidders,10 road and off-highway use. Except as TUTRIC and Weihai. agricultural implements, highway- discussed below, OTR tires included in On June 1, 2011, the Department towed implements, agricultural logging, the scope of the order range in size (rim published in the Federal Register a and agricultural, industrial, skid-steers/ diameter) generally but not exclusively mini-loaders;11 (2) construction vehicles notice extending the time limit for the from 8 inches to 54 inches. The tires and equipment, including earthmover may be either tube-type18 or tubeless, preliminary results of review by the full articulated dump products, rigid frame radial or non-radial, and intended for 120 days allowed under section haul trucks,12 front end loaders,13 sale either to original equipment 751(a)(3)(A) of the Act, to September 30, dozers,14 lift trucks, straddle carriers,15 5 manufacturers or the replacement 2011. Between February 17, 2011, and graders,16 mobile cranes,17 compactors; market. The subject merchandise is September 2, 2011, TUTRIC responded and (3) industrial vehicles and currently classifiable under Harmonized to the Department’s original and equipment, including smooth floor, Tariff Schedule of the United States supplemental questionnaires. Between industrial, mining, counterbalanced lift (‘‘HTSUS’’) subheadings: 4011.20.10.25, August 31, 2011, and September 12, trucks, industrial and mining vehicles 4011.20.10.35, 4011.20.50.30, 2011, Titan Tire Corporation other than smooth floor, skid-steers/ 4011.20.50.50, 4011.61.00.00, (‘‘Petitioner’’) and Bridgestone mini-loaders, and smooth floor off-the- 4011.62.00.00, 4011.63.00.00, Americas, Inc. and Bridgestone road counterbalanced lift trucks. The 4011.69.00.00, 4011.92.00.00, Americas Tire Operations, LLC foregoing list of vehicles and equipment 4011.93.40.00, 4011.93.80.00, (collectively, ‘‘Bridgestone’’), a domestic generally have in common that they are 4011.94.40.00, and 4011.94.80.00. While interested party, submitted pre- used for hauling, towing, lifting, and/or HTSUS subheadings are provided for preliminary comments. loading a wide variety of equipment and convenience and customs purposes, our materials in agricultural, construction written description of the scope is Period of Review and industrial settings. Such vehicles dispositive. and equipment, and the descriptions Specifically excluded from the scope The POR is September 1, 2009, contained in the footnotes are through August 31, 2010. are new pneumatic tires designed, illustrative of the types of vehicles and manufactured and offered for sale Scope of Order equipment that use certain OTR tires, primarily for on-highway or on-road but are not necessarily all-inclusive. use, including passenger cars, race cars, The products covered by the order are While the physical characteristics of station wagons, sport utility vehicles, new pneumatic tires designed for off- certain OTR tires will vary depending minivans, mobile homes, motorcycles, the-road and off-highway use, subject to on the specific applications and bicycles, on-road or on-highway trailers, exceptions identified below. Certain conditions for which the tires are light trucks, and trucks and buses. Such OTR tires are generally designed, designed (e.g., tread pattern and depth), tires generally have in common that the manufactured and offered for sale for all of the tires within the scope have in symbol ‘‘DOT’’ must appear on the use on off-road or off-highway surfaces, common that they are designed for off- sidewall, certifying that the tire including but not limited to, agricultural conforms to applicable motor vehicle 9 Industrial tractors are dual-axle vehicles that fields, forests, construction sites, factory typically are designed to pull industrial equipment safety standards. Such excluded tires and warehouse interiors, airport and that may have front tires of a different size than may also have the following tarmacs, ports and harbors, mines, the rear tires. designations that are used by the Tire quarries, gravel yards, and steel mills. 10 A log-skidder has a grappling lift arm that is and Rim Association: used to grasp, lift and move trees that have been The vehicles and equipment for which cut down to a truck or trailer for transport to a mill Prefix Letter Designations certain OTR tires are designed for use or other destination. • include, but are not limited to: (1) 11 Skid-steer loaders are four-wheel drive vehicles P—Identifies a tire intended Agricultural and forestry vehicles and with the left-side drive wheels independent of the primarily for service on passenger cars; right-side drive wheels and lift arms that lie • LT—Identifies a tire intended equipment, including agricultural alongside the driver with the major pivot points tractors,6 combine harvesters,7 behind the driver’s shoulders. Skid-steer loaders are primarily for service on light trucks; agricultural high clearance sprayers,8 used in agricultural, construction and industrial and, settings. • ST—Identifies a special tire for 12 Haul trucks, which may be either rigid frame trailers in highway service. include: Guizhou Tyre Co., Ltd., Guizhou Advance or articulated (i.e., able to bend in the middle) are Rubber Co., Ltd. and Guizhou Tyre Import and typically used in mines, quarries and construction Suffix letter designations Export Corporation; Hangzhou Zhongce Rubber Co., sites to haul soil, aggregate, mined ore, or debris. Ltd.; KS Holding Limited/KS Resources Limited; 13 Front loaders have lift arms in front of the • TR—Identifies a tire for service on Laizhou Xiongying Rubber Industry Co., Ltd.; vehicle. They can scrape material from one location trucks, buses, and other vehicles with Qingdao Taifa Group Co., Ltd.; and Mai Shandong to another, carry material in their buckets, or load rims having specified rim diameter of Radial Tyre Co., Ltd. See Certain New Pneumatic material into a truck or trailer. Off-the-Road Tires from the People’s Republic of 14 A dozer is a large four-wheeled vehicle with a nominal plus 0.156’’ or plus 0.250’’; China: Notice of Partial Rescission of Antidumping dozer blade that is used to push large quantities of • MH—Identifies tires for Mobile Duty Administrative Review, 76 FR 14919 (March soil, sand, rubble, etc., typically around Homes; 18, 2011). construction sites. They can also be used to perform • HC—Identifies a heavy duty tire 5 See Certain New Pneumatic Off-the-Road Tires ‘‘rough grading’’ in road construction. 15 designated for use on ‘‘HC’’ 15’’ tapered from the People’s Republic of China: Extension of A straddle carrier is a rigid frame, engine- Preliminary Results of Antidumping Duty powered machine that is used to load and offload rims used on trucks, buses, and other containers from container vessels and load them Administrative Review, 76 FR 31584 (June 1, 2011). vehicles. This suffix is intended to onto (or off of) tractor trailers. 6 Agricultural tractors are dual-axle vehicles that differentiate among tires for light trucks, 16 A grader is a vehicle with a large blade used typically are designed to pull farming equipment in to create a flat surface. Graders are typically used the field and that may have front tires of a different to perform ‘‘finish grading.’’ Graders are commonly 18 While tube-type tires are subject to the scope size than the rear tires. used in maintenance of unpaved roads and road of this proceeding, tubes and flaps are not subject 7 Combine harvesters are used to harvest crops construction to prepare the base course on to which merchandise and therefore are not covered by the such as corn or wheat. asphalt or other paving material will be laid. scope of this proceeding, regardless of the manner 8 Agricultural sprayers are used to irrigate 17 I.e., ‘‘on-site’’ mobile cranes designed for off- in which they are sold (e.g., sold with or separately agricultural fields. highway use. from subject merchandise).

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and other vehicles or other services, Non-Market Economy Country Status country for use in this review. The which use a similar designation. No party contested the Department’s Department based its decision on the • Example: 8R17.5 LT, 8R17.5 HC; treatment of the PRC as a non-market following facts: (1) India is at a level of • LT—Identifies light truck tires for economy (‘‘NME’’) country, and the economic development comparable to service on trucks, buses, trailers, and Department has treated the PRC as an that of the PRC; (2) India is a significant multipurpose passenger vehicles used NME country in all past antidumping producer of comparable merchandise; and (3) India provides the best in nominal highway service; and duty investigations and administrative • reviews.22 No interested party in this opportunity to use quality, publicly MC—Identifies tires and rims for available data to value the FOPs. motorcycles. case has argued that we should do otherwise. Pursuant to section Bridgestone provided comments on The following types of tires are also 771(18)(C)(i) of the Act, designation as March 15, 2011, arguing that India is the excluded from the scope: pneumatic an NME country remains in effect until appropriate surrogate country for use in tires that are not new, including it is revoked by the Department. As this review. Additionally, the data recycled or retreaded tires and used such, we continue to treat the PRC as an submitted by Titan, Bridgestone and tires; non-pneumatic tires, including NME in this segment of the proceeding. TUTRIC for our consideration as solid rubber tires; tires of a kind potential surrogate values are sourced designed for use on aircraft, all-terrain Surrogate Country from India. For these reasons, and vehicles, and vehicles for turf, lawn and Section 773(c)(1) of the Act directs the because no party has argued for a garden, golf and trailer applications. Department to base NV on the NME different country, we have selected Also excluded from the scope are radial producer’s factors of production India as the surrogate country and, and bias tires of a kind designed for use (‘‘FOPs’’), valued in a surrogate market accordingly, have calculated NV using in mining and construction vehicles and economy (‘‘ME’’) country or countries Indian prices to value the respondent’s equipment that have a rim diameter considered to be appropriate by the FOPs, when available and appropriate. equal to or exceeding 39 inches. Such Department. In accordance with section See Surrogate Value Memorandum. We tires may be distinguished from other 773(c)(4) of the Act, in valuing the have obtained and relied upon publicly tires of similar size by the number of FOPs, the Department shall use, to the available information wherever plies that the construction and mining extent possible, the prices or costs of the possible. tires contain (minimum of 16) and the FOPs in one or more ME countries that Separate Rates weight of such tires (minimum 1500 are: (1) At a level of economic pounds). development comparable to that of the In the Initiation Notice, the NME country; and (2) significant Department explained the process by Intent To Rescind, in Part, the which exporters and producers not Administrative Review producers of comparable merchandise. The sources of the surrogate factor being individually reviewed may obtain On January 10, 2011, Weihai values are discussed under the ‘‘Factor separate-rate status in NME reviews. submitted a letter stating that it had no Valuations’’ section below.23 The process requires exporters and shipments of OTR tires during the The Department determined that producers to submit a separate-rate POR.19 The Department reviewed the India, the Philippines, Indonesia, status application or separate-rate status 25 CBP data it had obtained for respondent Thailand, Ukraine, and Peru are certification (‘‘SRC’’). However, the selection purposes, and found that countries comparable to the PRC in standard for eligibility for a separate rate Weihai was not listed as having entered terms of economic development.24 Once (which is whether a firm can subject merchandise during the POR.20 we have identified the countries that are demonstrate an absence of both de jure On February 7, 2011, the Department economically comparable to the PRC, and de facto government control over its sent an inquiry to CBP regarding we select an appropriate surrogate export activities) has not changed. On whether Weihai had any shipments of country by determining whether an December 27, 2011, TUTRIC filed a subject merchandise that entered during economically comparable country is a timely response to the Department’s 26 the POR and requesting that CBP inform significant producer of comparable SRC. the Department within ten days if merchandise and whether the data for In proceedings involving NME Weihei had shipments of subject valuing FOPs are both available and countries, the Department has a merchandise that entered during the reliable. rebuttable presumption that all POR.21 We did not receive a response The Department has determined that companies within the country are from CBP within the allotted ten days. India is the appropriate surrogate subject to government control and, thus, Therefore, in accordance with 19 CFR should be assessed a single antidumping 22 See, e.g., Chlorinated Isocyanurates from the duty rate.27 It is the Department’s policy 351.213(d)(3), we intend to rescind the People’s Republic of China: Final Results of review with respect to Weihai because Antidumping Duty Administrative Review, 73 FR 25 See Policy Bulletin 05.1: Separate-Rates there is no evidence on the record to 52645 (September 10, 2008); and Folding Metal Tables and Chairs from the People’s Republic of Practice and Application of Combination Rates in indicate that Weihai had sales of subject China: Final Results of Antidumping Duty Antidumping Investigations involving Non-Market merchandise to the United States during Administrative Review, 74 FR 3560 (January 21, Economy Countries (April 5, 2005), available at the POR. 2009). http://ia.ita.doc.gov/policy/bull05–1.pdf. 26 23 See the Department’s Memorandum, See Letter from TUTRIC, ‘‘Separate Rate ‘‘Preliminary Results of the 2009–2010 Certification in the Administrative Review of the 19 See Letter from Weihai, ‘‘Certification of no Administrative Review of Certain New Pneumatic Antidumping Duty Order on New Pneumatic Off- exports, sales or entries of the subject Off-the-Road Tires From the People’s Republic of the-Road Tires from the People’s Republic of merchandise,’’ dated January 10, 2011. China: Surrogate Value Memorandum,’’ dated China,’’ dated December 27, 2010 (‘‘TUTRIC’s 20 See Letter to All Interested Parties, ‘‘2009–2010 concurrently with this notice (‘‘Surrogate Value SRC’’) at 5. Administrative Review of the Antidumping Duty Memorandum’’). 27 See, e.g., Certain Coated Paper Suitable for Order on Certain New Pneumatic Off-the-Road 24 See the Department’s Memorandum, ‘‘Request High-Quality Print Graphics Using Sheet-Fed Tires From the People’s Republic of China: CBP for a List of Surrogate Countries for an Presses From the People’s Republic of China: Notice Data for Respondent Selection,’’ dated November Administrative Review of the Antidumping Duty of Preliminary Determination of Sales at Less Than 12, 2010, at attachment 1. Order on Certain Pneumatic Off-the-Road Tires Fair Value and Postponement of Final 21 See CBP message number 1038304, dated (‘‘Tires’’) From the People’s Republic of China Determination, 75 FR 24892, 24899 (May 6, 2010) February 7, 2011. (‘‘China’’),’’ dated February 24, 2011. (unchanged in Certain Coated Paper Suitable for

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to assign all exporters of merchandise government decentralizing control of invoice, as recorded in the exporter or subject to review in an NME country companies.31 producer’s records kept in the ordinary this single rate unless an exporter can course of business. However, the Secretary b. Absence of De Facto Control demonstrate that it is sufficiently may use a date other than the date of invoice Typically, the Department considers if the Secretary is satisfied that a different independent so as to be entitled to a date better reflects the date on which the separate rate.28 Exporters can four factors in evaluating whether each respondent is subject to de facto exporter or producer establishes the material demonstrate this independence through terms of sale.34 the absence of both de jure and de facto governmental control of its export After examining the questionnaire government control over export functions: (1) Whether the export prices responses and the sales documentation are set by or are subject to the approval activities. The Department analyzes placed on the record by TUTRIC, we of a governmental agency; (2) whether each entity exporting the subject preliminarily determine that invoice the respondent has authority to merchandise under a test arising from date is the most appropriate date of sale negotiate and sign contracts and other the Notice of Final Determination of for TUTRIC. Nothing on the record agreements; (3) whether the respondent Sales at Less Than Fair Value: Sparklers rebuts the presumption that invoice date has autonomy from the government in From the People’s Republic of China, 56 should be the date of sale. FR 20588, at Comment 1 (May 6, 1991) making decisions regarding the (‘‘Sparklers’’), as further developed in selection of management; and (4) Fair Value Comparisons Notice of Final Determination of Sales whether the respondent retains the To determine whether TUTRIC’s sales at Less Than Fair Value: Silicon Carbide proceeds of its export sales and makes of OTR tires to the United States were independent decisions regarding from the People’s Republic of China, 59 made at less than fair value, we disposition of profits or financing of FR 22585, 22587 (May 2, 1994) (‘‘Silicon compared export price (‘‘EP’’) to NV, as losses.32 The Department has Carbide’’). However, if the Department described in the ‘‘U.S. Price’’ and determined that an analysis of de facto determines that a company is wholly ‘‘Normal Value’’ sections of this notice, control is critical in determining foreign-owned or located in an ME, then below, pursuant to section 771(35) of whether respondents are, in fact, subject a further separate rate analysis is not the Act. necessary to determine whether it is to a degree of governmental control independent from government which would preclude the Department U.S. Price control.29 from assigning separate rates. For The Department considers the U.S. TUTRIC, we determine that the prices of sales by TUTRIC to be EPs in TUTRIC submitted information evidence on the record supports a accordance with section 772(a) of the indicating that it is partly owned by a preliminary finding of de facto absence Act because they were the prices at PRC company. Therefore, the of government control based on record which the subject merchandise was first Department must analyze whether statements and supporting sold before the date of importation by TUTRIC can demonstrate the absence of documentation showing the following: the producer/exporter of the subject both de jure and de facto governmental (1) TUTRIC sets its own export prices merchandise outside of the United control over export activities. independent of the government States to an unaffiliated purchaser in the authority; (2) TUTRIC retains the a. Absence of De Jure Control United States. We calculated EPs based proceeds from its sales and makes on prices to unaffiliated purchaser(s) in The Department considers the independent decisions regarding the United States. In accordance with following de jure criteria in determining disposition of profits or financing of section 772(c)(2)(A) of the Act, where whether an individual company may be losses; (3) TUTRIC has the authority to appropriate, we made deductions from granted a separate rate: (1) An absence negotiate and sign contracts and other the starting price (gross unit price) for of restrictive stipulations associated agreements; and (4) TUTRIC has foreign inland freight and brokerage and with an individual exporter’s business autonomy from the government handling. and export licenses; (2) any legislative regarding the selection of We valued foreign brokerage and enactments decentralizing control of management.33 companies; and (3) other formal The evidence placed on the record of handling using a price list of export measures by the government this review by TUTRIC demonstrates an procedures necessary to export a decentralizing control of companies.30 absence of de jure and de facto standardized cargo of goods from India where foreign brokerage and handling The evidence provided by TUTRIC government control with respect to its exports of the merchandise under were provided by PRC service providers supports a preliminary finding of de or paid for in renminbi. The price list jure absence of governmental control review, in accordance with the criteria identified in Sparklers and Silicon is compiled based on a survey case based on the following: (1) An absence study of the procedural requirements for of restrictive stipulations associated Carbide. Therefore, we are preliminarily granting TUTRIC separate-rate status. trading a standard shipment of goods by with the individual exporters’ business truck in India as reported in ‘‘Doing and export licenses; (2) there are Date of Sale Business 2010: India’’ published by the applicable legislative enactments World Bank.35 Where foreign inland decentralizing control of the companies; Section 401(i) of the Department’s regulations states that: truck freight was provided by PRC and (3) there are formal measures by the service providers or paid for in In identifying the date of sale of the subject merchandise or foreign like product, the renminbi, we also based those charges High-Quality Print Graphics Using Sheet-Fed on surrogate rates from India. See Presses From the People’s Republic of China: Final Secretary normally will use the date of Determination of Sales at Less Than Fair Value, 75 ‘‘Factor Valuations’’ section below for FR 59217 (September 27, 2010)). 31 See TUTRIC’s SRC at 5. 28 Id. 32 See Silicon Carbide, 59 FR at 22586–87; see 34 See also Allied Tube and Conduit Corp. v. 29 See, e.g., Final Results of Antidumping Duty also Notice of Final Determination of Sales at Less United States, 132 F. Supp. 2d 1087, 1090–1092 Administrative Review: Petroleum Wax Candles Than Fair Value: Furfuryl Alcohol From the (CIT 2001) (upholding the Department’s rebuttable From the People’s Republic of China, 72 FR 52355, People’s Republic of China, 60 FR 22544, 22545 presumption that invoice date is the appropriate 52356 (September 13, 2007). (May 8, 1995). date of sale). 30 See Sparklers, 56 FR at 20589. 33 See TUTRIC’s SRC at 5–7. 35 See Surrogate Value Memorandum.

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further discussion of these surrogate FOPs in accordance with section materials) and certain movement values. 773(c)(1) of the Act, the Department’s expenses. The GTA reports import practice is to select, to the extent statistics, such as from India, in the Normal Value practicable, SVs which are non-export original reporting currency and thus this We compared NV to individual EP average values, contemporaneous with data corresponds to the original transactions in accordance with section the POR, represent a broad-market currency value reported by each 777A(d)(2) of the Act, as appropriate. average, are product-specific, and tax- country. The record shows that data in Section 773(c)(1) of the Act provides exclusive.38 We therefore consider SVs the Indian import statistics, as well as that the Department shall determine NV based on the quality, specificity, and those from the other Indian sources, are using an FOP methodology if: (1) The contemporaneity of the data.39 As contemporaneous with the POR, merchandise is exported from an NME appropriate, we adjusted input prices by product-specific, and tax-exclusive.41 In country; and (2) the information does including freight costs to make them those instances where we could not not permit the calculation of NV using delivered prices. Specifically, we added obtain publicly available information home market prices, third country to import SVs a surrogate freight cost contemporaneous to the POR with prices, or constructed value under using the shorter of the reported which to value factors, we adjusted the section 773(a) of the Act. When distance from the domestic supplier to SVs using, where appropriate, the determining NV in an NME context, the the factory or the distance from the Indian Wholesale Price Index (‘‘WPI’’) Department will base NV on FOPs nearest seaport to the factory where as published in the International because the presence of government appropriate. This adjustment is in Monetary Fund’s International controls on various aspects of these accordance with the Court of Appeals Financial Statistics.42 economies renders price comparisons for the Federal Circuit’s decision in As explained in the legislative history and the calculation of production costs Sigma Corp. v. United States, 117 F.3d of the Omnibus Trade and invalid under our normal 1401, 1407–08 (Fed. Cir. 1997). Competitiveness Act of 1988, the methodologies.36 Under section On March 1, 2011, the Department Department continues to apply its long- 773(c)(3) of the Act, FOPs include but invited all interested parties to submit standing practice of disregarding SVs if are not limited to: (1) Hours of labor publicly available information to value it has a reason to believe or suspect the required; (2) quantities of raw materials FOPs for consideration in the source data may reflect subsidized employed; (3) amounts of energy and Department’s preliminary results of prices.43 In this regard, the Department other utilities consumed; and (4) review.40 Petitioner, Bridgestone and has previously found that it is representative capital costs. The TUTRIC each submitted publicly appropriate to disregard such prices Department used FOPs reported by available information to value FOPs for from India, Indonesia, South Korea and TUTRIC for materials, energy and labor. the preliminary results between Thailand because we have determined Factor Valuations February 17, 2011, and September 8, that these countries maintain broadly 2011. A detailed description of all available, non-industry specific export In accordance with section 773(c) of surrogate values used for TUTRIC can subsidies.44 Based on the existence of the Act, we calculated NV based on be found in the Surrogate Value these subsidy programs that were FOPs reported by TUTRIC for the POR. Memorandum. generally available to all exporters and In accordance with 19 CFR For the preliminary results, in producers in these countries at the time 351.408(c)(1), the Department will accordance with the Department’s of the POR, the Department finds that it normally use publicly available practice, except where noted below, we is reasonable to infer that all exporters information to find an appropriate used data from the Indian import from India, Indonesia, South Korea and surrogate value (‘‘SV’’) to value FOPs, statistics in the Global Trade Atlas but when a producer sources an input (‘‘GTA’’), published by Global Trade 41 See Surrogate Value Memorandum. from a market economy and pays for it Information Services, Inc. (‘‘GTIS’’) and 42 See, e.g., Certain Kitchen Appliance Shelving in market economy currency, the other publicly available Indian sources and Racks From the People’s Republic of China: Department normally will value the Preliminary Determination of Sales at Less Than to calculate SVs for TUTRIC’s FOPs (i.e., Fair Value and Postponement of Final factor using the actual price paid for the direct materials, energy, and scrap Determination, 74 FR 9591, 9600 (March 5, 2009) input if the quantities were meaningful (unchanged in Certain Kitchen Appliance Shelving and where the prices have not been 38 See, e.g., Notice of Preliminary Determination and Racks From the People’s Republic of China: distorted by dumping or subsidies.37 To of Sales at Less Than Fair Value, Negative Final Determination of Sales at Less than Fair calculate NV, we multiplied the Preliminary Determination of Critical Value, 74 FR 36656 (July 24, 2009)). Circumstances and Postponement of Final 43 See Omnibus Trade and Competitiveness Act of reported per-unit factor-consumption Determination: Certain Frozen and Canned 1988, Conf. Report to Accompany H.R. 3, H.R. Rep. rates by publicly available SVs (except Warmwater Shrimp From the Socialist Republic of No. 576, 100th Cong., 2nd Sess. (1988) (‘‘OTCA as discussed below). In selecting the Vietnam, 69 FR 42672, 42682 (July 16, 2004) 1988’’) at 590, reprinted in 1988 U.S.C.C.A.N. 1547, best available information for valuing (unchanged in Final Determination of Sales at Less 1623–24. Than Fair Value: Certain Frozen and Canned 44 See, e.g., Expedited Sunset Review of the Warmwater Shrimp From the Socialist Republic of Countervailing Duty Order on Carbazole Violet 36 See, e.g., Preliminary Determination of Sales at Vietnam, 69 FR 71005 (December 8, 2004)). Pigment 23 from India, 75 FR 13257 (March 19, Less Than Fair Value, Affirmative Critical 39 See, e.g., Fresh Garlic From the People’s 2010), and accompanying Issues and Decision Circumstances, In Part, and Postponement of Final Republic of China: Final Results of Antidumping Memorandum at 4–5; Expedited Sunset Review of Determination: Certain Lined Paper Products From Duty New Shipper Review, 67 FR 72139 (December the Countervailing Duty Order on Certain Cut-to- the People’s Republic of China, 71 FR 19695, 19703 4, 2002), and accompanying Issues and Decision Length Carbon Quality Steel Plate from Indonesia, (April 17, 2006) (unchanged in Notice of Final Memorandum at Comment 6; and Final Results of 70 FR 45692 (August 8, 2005), and accompanying Determination of Sales at Less Than Fair Value, First New Shipper Review and First Antidumping Issues and Decision Memorandum at 4; Corrosion- and Affirmative Critical Circumstances, In Part: Duty Administrative Review: Certain Preserved Resistant Carbon Steel Flat Products from the Certain Lined Paper Products From the People’s Mushrooms From the People’s Republic of China, Republic of Korea: Final Results of Countervailing Republic of China), 71 FR 53079 (September 8, 66 FR 31204 (June 11, 2001), and accompanying Duty Administrative Review, 74 FR 2512 (January 2006)). Issues and Decision Memorandum at Comment 5. 15, 2009), and accompanying Issues and Decision 37 See Shakeproof Assembly Components Div of 40 See Letter to Interested Parties, ‘‘2009–2010 Memorandum at 17, 19–20; Final Results of Ill Tool Works v. United States, 268 F. 3d 1376, Administrative Review of the Antidumping Duty Countervailing Duty Determination: Certain Hot- 1382–83 (Fed. Cir. 2001) (affirming the Order on Certain New Pneumatic Off-the-Road Rolled Carbon Steel Flat Products from Thailand, Department’s use of market-based prices to value Tires from the People’s Republic of China,’’ dated 66 FR 50410 (October 3, 2001), and accompanying certain FOPs). March 1, 2011. Issues and Decision Memorandum at 23.

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Thailand may have benefitted from see ‘‘Analysis Memorandum for the provides data more specific to the type these subsidies. Accordingly, we Preliminary Results: Tianjin United Tire of TSNR TUTRIC uses in production, disregarded GTA import data from & Rubber International Co., Ltd. we are unable to identify the source of Indonesia, South Korea and Thailand. (‘‘TUTRIC’’)’’, dated concurrently with the prices listed on the IRB’s Web site.54 Additionally, we disregarded prices this notice (‘‘Prelim Analysis Moreover, during the investigation, we from NME countries.45 Finally, imports Memorandum’’). rejected the IRB’s data because we that were labeled as originating from an With respect to the valuation of found the data to be ‘‘quoted/indicative ‘‘unspecified’’ country were excluded technically specified natural rubber prices published on a particular day and from the average value, because the (‘‘TSNR’’), Bridgestone suggested the do not necessarily reflect an actual sale Department could not be certain that Department use prices reported by the of natural rubber.’’ 55 Because the Indian they were not from either an NME Indian Rubber Board (‘‘IRB’’), stating import data are known to be based on country or a country with generally that the IRB reports prices for the actual sales that are contemporaneous available export subsidies.46 specific type of TSNR used by TUTRIC with the POR, tax-exclusive, and cover TUTRIC claimed that certain of its and meets all of the Department’s SV the input at issue, we find that they reported raw material inputs were criteria in that the prices are period- represent the best available information sourced from an ME country and paid wide, specific to the input, net of taxes with which to value TSNR in this for in ME currencies. When a and import duties, contemporaneous, administrative review. respondent sources inputs from an ME and publicly available. Bridgestone With respect to the valuation of Tyre supplier in meaningful quantities, we further noted that the HTS categories for cord B fabric (‘‘NYCHFR’’) and harness use the actual price paid by respondent TSNR import data are basket categories cloth (‘‘HCLOTH’’), TUTRIC submitted for those inputs, except when prices that do not distinguish between grades, descriptions of NYCHFR as ‘‘Nylon Tire may have been distorted by dumping or and therefore are not as specific to Cord Fabric of High Tenacity Yarn;’’ and subsidies.47 Where we found ME TUTRIC’s input as the IRB’s data.50 of HCLOTH as ‘‘Nylon Tire Cord Fabric purchases to be of significant quantities TUTRIC submitted sections from the of High Tenacity Yarn made of nylon (i.e., 33 percent or more), in accordance IRB’s Web site showing that the IRB 6.’’ TUTRIC reported both FOPs in with our statement of policy as outlined issued subsidies and other benefits to kilograms. Bridgestone proposed using in Antidumping Methodologies: Market domestic rubber growers covering the Indian import data corresponding to Economy Inputs,48 we used the actual period of 2000 through 2007.51 HTS category 56049000 56 to value both purchase prices of these inputs to value Bridgestone countered by asserting that of these FOPs, which was also used in the full input. the subsidies do not cover the POR, and both previous segments of the Accordingly, we valued certain of that subsidies would affect domestic proceeding and is reported in Rs/kg.57 TUTRIC’s inputs using the ME currency and imported rubber prices equally, as TUTRIC proposed HTS categories prices paid where the total volume of imports seek to compete in the domestic 59021090 58 and 59021010,59 which are the input purchased from all ME market.52 reported in square meters, but TUTRIC sources during the POR exceeds or is For the preliminary results, we have did not provide a conversion formula equal to 33 percent of the total volume determined to use Indian import data to from kilograms to square meters. of the input purchased from all sources value TUTRIC’s TSNR, as we did in the For the preliminary results, we have during the period. Where the quantity of previous two segments of the determined to use Indian import data the reported input purchased from ME proceeding.53 Although the IRB corresponding to HTS category suppliers was below 33 percent of the 56049000, which is not as specific to the total volume of the input purchased 50 See Letter from Bridgestone, ‘‘Administrative input in question, but in the correct unit from all sources during the POR, and Review of the Antidumping Duty Order on New of measure. However, we intend to were otherwise valid, we weight- Pneumatic Off-The-Road Tires From China: request that TUTRIC report a conversion Bridgestone’s Initial Submission of Surrogate factor for its NYCHFR and HCLOTH averaged the ME input’s purchase price Values,’’ dated April 18, 2011. See also Letter from with the appropriate surrogate value for Bridgestone, ‘‘Administrative Review of the (from kg to square meters) subsequent to the input according to their respective Antidumping Duty Order on Off-The-Road Tires the issuance of these preliminary results shares of the reported total volume of From The People’s Republic of China: Bridgestone’s in the event we determine a different Initial Pre-Preliminary Comments,’’ dated August 49 HTS category (or categories) to be more purchases. Where appropriate, we 31, 2011 (‘‘Bridgestone’s Initial Pre-Prelim added freight to the ME prices of inputs. Comments’’). representative of the input. For a detailed description of the actual 51 Letter from TUTRIC, ‘‘First Surrogate Value We valued truck freight expenses values used for the ME inputs reported, Rebuttal Submission for TUTRIC in the Second using a per-unit average rate calculated Administrative Review of the Antidumping Duty from data on the infobanc Web site: Order on New Pneumatic Off-the-Road Tires from http://www.infobanc.com/logistics/ 45 See, e.g., Tapered Roller Bearings and Parts the People’s Republic of China,’’ dated April 28, Thereof, Finished or Unfinished, From the People’s 2011. logtruck.htm. The logistics section of Republic of China: Preliminary Results of the 2008– 52 See Bridgestone’s Initial Pre-Prelim Comments. this Web site contains inland freight 2009 Administrative Review of the Antidumping 53 See Certain New Pneumatic Off-the-Road Tires truck rates between many large Indian Duty Order, 75 FR 41148, 41154 (July 15, 2010) From the People’s Republic of China: Preliminary (unchanged in Tapered Roller Bearings and Parts cities. We valued coal using data Results of Antidumping Duty Administrative Thereof, Finished and Unfinished, From the Review, 75 FR 64259 (October 19, 2010) (unchanged People’s Republic of China: Final Results of the Circumstances, 73 FR 40485 (July 15, 2008) (‘‘Tires in Certain New Pneumatic Off-the-Road Tires From 2008–2009 Antidumping Duty Administrative LTFV Final’’)). the People’s Republic of China: Final Results of the Review, 76 FR 3086 (January 19, 2011)). 54 See Surrogate Value Memorandum. 2008–2009 Antidumping Duty Administrative 46 55 See id. Review, 76 FR 22871 (April 25, 2011) (‘‘Tires AR1 See Tires LTFV Final, accompanying Issues and 47 See Antidumping Duties; Countervailing Final’’)); Certain New Pneumatic Off-the-Road Tires Decision Memorandum at Comment 12. Duties, 62 FR 27296, 27366 (May 19, 1997). From the People’s Republic of China; Preliminary 56 ‘‘Textile yarn, thread or cord covered or 48 See Antidumping Methodologies: Market Determination of Sales at Less Than Fair Value and impregnated with rubber or plastic: Other Rubber Economy Inputs, Expected Non-Market Economy Postponement of Final Determination, 73 FR 9278 Thread or Cord.’’ Wages, Duty Drawback; and Request for Comments, (February 20, 2008) (unchanged in Certain New 57 See Tires AR1 Final and Tires LTFV Final. 71 FR 61716, 61717–18 (October 19, 2006) Pneumatic Off-The-Road Tires from the People’s 58 ‘‘Tire Cord Fabric of High Tenacity Yarn of (‘‘Antidumping Methodologies: Market Economy Republic of China: Final Affirmative Determination Nylon, Polyamides, Polyesters or Viscose Rayon.’’ Inputs’’). of Sales at Less Than Fair Value and Partial 59 ‘‘Tire Cord Fabric of High Tenacity Yarn of 49 See id. at 61718. Affirmative Determination of Critical Nylon, Polyamides, Polyesters or Viscose Rayon.’’

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obtained for grade E coal reported in the Dorbest, the Department no longer relies to the surrogate financial ratios as 2007 edition of the Indian Minerals on the regression-based wage rate contemplated by Labor Methodologies.64 Yearbook published by the Indian methodology described in its Pursuant to 19 CFR 351.408(c)(4), the Bureau of Mines. We valued water using regulations. Department valued factory overhead, the revised Maharashtra Industrial On June 21, 2011, the Department selling, general and administrative Development Corporation water rates revised its methodology for valuing the expenses and profit using non- available at http://www.midcindia.com/ labor input in NME antidumping proprietary information gathered from water-supply. We calculated the SV for proceedings.62 In Labor Methodologies, producers of identical or comparable steam based upon the 2009–2010 the Department determined that the best merchandise in the surrogate country. financial statement of Hindalco methodology to value the labor input is The Department’s practice is to Industries Limited. See Surrogate Value to use industry-specific labor rates from disregard financial statements Memorandum. the primary surrogate country. containing evidence that the company We valued electricity using the received subsidies that the Department Additionally, the Department updated electricity price data for small, has previously found to be determined that the best data source for medium, and large industries, as countervailable, and where there are industry-specific labor rates is Chapter published by the Central Electricity other reliable data on the record for 6A: Labor Cost in Manufacturing, from Authority, an administrative body of the purposes of calculating the surrogate the International Labor Organization Government of India, in its publication financial ratios.65 For these preliminary (ILO) Yearbook of Labor Statistics titled ‘‘Electricity Tariff & Duty and results, we used the average of the ratios (‘‘Yearbook’’). Average Rates of Electricity Supply in derived from the financial statements of India,’’ dated March 2008. These In these preliminary results, the two Indian producers of OTR tires: electricity rates represent actual Department calculated the labor input Falcon Tyres Ltd. (for the year ending country-wide, publicly-available using the wage method described in on September 30, 2010) and TVS information on tax-exclusive electricity Labor Methodologies. To value Srichakra Ltd. (for the year ending on rates charged to small, medium, and TUTRIC’s labor input, the Department March 31, 2010). We did not use large industries in India. Because the relied on data reported by India to the financial statements from two other rates listed in this source became ILO in Chapter 6A of the Yearbook. The Indian producers, MRF Limited and JK effective on a variety of different dates, Department further finds the two-digit Tyre and Industries Ltd., because they we are not adjusting the average value description under ISIC–Revision 3 each contained evidence of receipt of a for inflation. In other words, the (‘‘25—Manufacture of Rubber and subsidy which the Department has Department did not inflate this value to Plastics Products’’) to be the best found to be countervailable.66 the POR because the utility rates available information on the record Specifically, these two Indian producers represent current rates, as indicated by because it is specific to the industry received benefits under the Export the effective date listed for each of the being examined, and is therefore Promotion Capital Goods Scheme and rates provided.60 derived from industries that produce the Sales Tax Deferred from Section 733(c) of the Act, provides comparable merchandise. Accordingly, Government of Karnataka program, that the Department will value the FOPs relying on Chapter 6A of the Yearbook, respectively, both programs that the in NME cases using the best available the Department calculated the labor Department has previously determined information regarding the value of such input using labor data reported by India to be countervailable.67 factors in a ME country or countries to the ILO under Sub-Classification 25 TUTRIC reported that scrap considered to be appropriate by the of the ISIC–Revision 3 standard, in compound, scrap bead, scrap cloth and administering authority. The Act accordance with Section 773(c)(4) of the scrap tire were recovered as by-products requires that when valuing FOPs, the Act. For these preliminary results, the of the production of subject Department utilizes, to the extent calculated industry-specific wage rate is merchandise and successfully possible, the prices or costs of FOPs in 49.49 Rs per hour. Because this wage demonstrated that the scrap materials one or more ME countries that are: (1) rate does not separate the labor rates have commercial value. Therefore, we At a comparable level of economic into different skill levels or types of have granted a by-product offset for the development and (2) significant labor, the Department has applied the quantities of the reported by-product, producers of comparable same wage rate to all skill levels and valued using Indian import data.68 merchandise.61 types of labor reported by TUTRIC.63 A Previously, the Department used more detailed description of the wage 64 See Surrogate Value Memorandum and Labor regression-based wages that captured rate calculation methodology is Methodologies, 76 FR at 36094. the worldwide relationship between per 65 See First Administrative Review of Steel Wire provided in the Surrogate Value Garment Hangers From the People’s Republic of capita GNI and hourly manufacturing Memorandum. China: Final Results and Final Partial Rescission of wages, pursuant to 19 CFR As stated above, the Department used Antidumping Duty Administrative Review, 76 FR 351.408(c)(3), to value the respondent’s 27994 (May 13, 2011), and accompanying Issues cost of labor in NME cases. However, on India’s ILO data reported under Chapter and Decision Memorandum at Comment 2. 6A of Yearbook, which reflects all costs 66 See Surrogate Value Memorandum. May 14, 2010, the Court of Appeals for 67 the Federal Circuit (‘‘CAFC’’), in Dorbest related to labor, including wages, See, e.g., Commodity Matchbooks From India: benefits, housing, training, etc. Because Final Affirmative Countervailing Duty Ltd. v. United States, 604 F.3d 1363, Determination, 74 FR 54547 (October 22, 2009) 1372 (Fed. Cir. 2010) (‘‘Dorbest’’), the financial statements used to (finding the Export Promotion Capital Goods invalidated 19 CFR 351.408(c)(3). As a calculate the surrogate financial ratios Scheme to be countervailable); Notice of consequence of the CAFC’s ruling in include itemized detail of indirect labor Preliminary Results and Rescission, in Part, of costs, the Department made adjustments Countervailing Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip 60 See, e.g., Wire Decking from the People’s from India, 71 FR 45037, 45043 (August 8, 2006) Republic of China: Final Determination of Sales at 62 See Antidumping Methodologies in (unchanged in Polyethylene Terephthalate Film, Less Than Fair Value, 75 FR 32905 (June 10, 2010), Proceedings Involving Non-Market Economies: Sheet, and Strip from India: Final Results of and accompanying Issues and Decision Valuing the Factor of Production: Labor, 76 FR Countervailing Duty Administrative Review, 72 FR Memorandum at Comment 3. 36092 (June 21, 2011) (‘‘Labor Methodologies’’). 6530 (February 12, 2007)). 61 See section 773(c)(4) of the Act. 63 See Surrogate Value Memorandum. 68 See Surrogate Value Memorandum.

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Currency Conversion of publication of the preliminary results. Department will instruct CBP to assess Where appropriate, we made currency In accordance with 19 CFR that importer (or customer’s) entries of conversions into U.S. dollars, in 351.301(c)(1), if an interested party subject merchandise without regard to accordance with section 773A(a) of the submits factual information less than antidumping duties. The Department Act, based on the exchange rates in ten days before, on, or after (if the intends to issue appropriate assessment effect on the dates of the U.S. sales, as Department has extended the deadline), instructions directly to CBP 15 days certified by the Federal Reserve Bank. the applicable deadline for submission after publication of the final results of of such factual information, an this review. Preliminary Results of Review interested party may submit factual We preliminarily find that the information to rebut, clarify, or correct Cash Deposit Requirements the factual information no later than ten following weighted-average dumping The following cash deposit margin exists for the period September days after such factual information is requirements will be effective upon 1, 2009, through August 31, 2010: served on the interested party. However, the Department generally will not publication of the final results of this Percent accept in the rebuttal submission administrative review for all shipments Exporter margin additional or alternative surrogate value of the subject merchandise entered, or information not previously on the withdrawn from warehouse, for Tianjin United Tire & Rubber Inter- record, if the deadline for submission of consumption on or after the publication national Co., Ltd...... 7.35 surrogate value information has date, as provided for by section passed.73 Furthermore, the Department 751(a)(2)(C) of the Act: (1) For TUTRIC, Disclosure and Public Comment generally will not accept business the cash deposit rate will be the The Department will disclose proprietary information in either the company-specific rate established in the calculations performed for these surrogate value submissions or the final results of this review, except if the preliminary results to the parties within rebuttals thereto, as the regulation rate is zero or de minimis no cash five days of the date of publication of regarding the submission of surrogate deposit will be required; (2) for this notice in accordance with 19 CFR values allows only for the submission of 74 previously investigated or reviewed PRC 351.224(b). Interested parties may publicly available information. and non-PRC exporters not listed above submit written comments no later than Assessment Rates that have separate rates, the cash 30 days after the date of publication of deposit rate will continue to be the these preliminary results of review.69 The Department will determine, and exporter-specific or exporter/producer- Rebuttals to written comments may be CBP shall assess, antidumping duties on specific rate published for the most filed no later than five days after the all appropriate entries of subject recent period; (3) for all PRC exporters written comments are filed.70 merchandise in accordance with the Any interested party may request a final results of this review. For of subject merchandise that have not hearing within 30 days of publication of assessment purposes, we calculated been found to be entitled to a separate this notice.71 Hearing requests should exporter/importer- (or customer) rate, the cash deposit rate will be the contain the following information: (1) -specific assessment rates for PRC-wide rate of 210.48 percent The party’s name, address, and merchandise subject to this review. established in the Tires LTFV Final; and telephone number; (2) the number of Where appropriate, we calculated an ad (4) for all non-PRC exporters of subject participants; and (3) a list of the issues valorem rate for each importer (or merchandise that have not received to be discussed. Oral presentations will customer) by dividing the total dumping their own rate, the cash deposit rate will be limited to issues raised in the briefs. margins for reviewed sales to that party be the rate applicable to the PRC If a request for a hearing is made, parties by the total entered values associated exporters that supplied that non-PRC will be notified of the time and date for with those transactions. For duty- exporter. These deposit requirements, the hearing to be held at the U.S. assessment rates calculated on this when imposed, shall remain in effect basis, we will direct CBP to assess the Department of Commerce, 14th Street until further notice. and Constitution Avenue, NW., resulting ad valorem rate against the Washington, DC 20230.72 entered customs values for the subject Notification to Importers The Department will issue the final merchandise. This notice also serves as a results of this administrative review, Where appropriate, we calculated a which will include the results of its per-unit rate for each importer (or preliminary reminder to importers of analysis of issues raised in any such customer) by dividing the total dumping their responsibility under 19 CFR comments, within 120 days of margins for reviewed sales to that party 351.402(f) to file a certificate regarding publication of these preliminary results, by the total sales quantity associated the reimbursement of antidumping pursuant to section 751(a)(3)(A) of the with those transactions. For duty- duties prior to liquidation of the Act. assessment rates calculated on this relevant entries during this review basis, we will direct CBP to assess the period. Failure to comply with this Deadline for Submission of Publicly resulting per-unit rate against the requirement could result in the Available Surrogate Value Information entered quantity of the subject Secretary’s presumption that In accordance with 19 CFR merchandise. Where an importer- (or reimbursement of antidumping duties 351.301(c)(3)(ii), the deadline for customer) -specific assessment rate is de occurred and the subsequent assessment submission of publicly available minimis (i.e., less than 0.50 percent), the of double antidumping duties. information to value FOPs under 19 73 We are issuing and publishing these CFR 351.408(c) is 20 days after the date See, e.g., Glycine from the People’s Republic of China: Final Results of Antidumping Duty preliminary results of review in Administrative Review and Final Rescission, in accordance with sections 751(a)(1) and 69 See 19 CFR 351.309(c). Part, 72 FR 58809 (October 17, 2007), and 70 See 19 CFR 351.309(d). accompanying Issues and Decision Memorandum at 777(i)(1) of the Act, and 19 CFR 71 See 19 CFR 351.310(c). Comment 2. 351.213. 72 See 19 CFR 351.310(d). 74 See 19 CFR 351.301(c)(3).

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Dated: September 30, 2011. DEPARTMENT OF COMMERCE Administrative Review’’ for this CVD Ronald K. Lorentzen, order. See Antidumping or Deputy Assistant Secretary for Import International Trade Administration Countervailing Duty Order, Finding, or Administration. [C–570–942] Suspended Investigation; Opportunity [FR Doc. 2011–26016 Filed 10–6–11; 8:45 am] To Request Administrative Review, 75 FR 53635, 53636 (September 1, 2010). BILLING CODE 3510–DS–P Certain Kitchen Appliance Shelving and Racks From the People’s Republic On September 30, 2010, Nashville Wire of China: Preliminary Results of the Products Inc. and SSW Holding DEPARTMENT OF COMMERCE Countervailing Duty Administrative Company, Inc. (collectively Review ‘‘Petitioners’’) requested a review of ten International Trade Administration companies. On October 28, 2010, we AGENCY: Import Administration, initiated a review of five of the North American Free Trade Agreement International Trade Administration, companies: Wireking; NKS; Leader (NAFTA), Article 1904 Binational Panel Department of Commerce. Metal Industry Co., Ltd. (aka Marmon Reviews; Notice of Completion of SUMMARY: The Department of Commerce Retail Services Asia) (‘‘Leader Metal’’); Panel Review (‘‘the Department’’) is conducting an Hangzhou Dunli Import and Export Co., administrative review of the Ltd./Hangzhou Dunli Industry Co., Ltd. AGENCY: NAFTA Secretariat, United countervailable duty order on certain (‘‘Dunli’’); and Jiangsu Weixi Group Co. States Section, International Trade kitchen appliance shelving and racks (‘‘Jiangsu Weixi’’). See Initiation of Administration, Department of (‘‘Kitchen Racks’’) from the People’s Antidumping and Countervailing Duty Commerce. Republic of China (‘‘PRC’’). The period Administrative Reviews, 75 FR 66349, of review (‘‘POR’’) is January 7, 2009, 66351 (October 28, 2010), as corrected ACTION: Notice of Completion of Panel through December 31, 2009 (see further by Initiation of Antidumping and Review of the International Trade explanation in the ‘‘Period of Review’’ Countervailing Duty Administrative Commission’s final determination of section of this notice). This review Reviews; Correction, 75 FR 69054 Certain Welded Large Diameter Line covers multiple exporters/producers, (November 10, 2010) (‘‘Initiation Pipe from Mexico (Secretariat File No. two of which are being individually Correction’’).1 On November 29, 2010, USA–MEX–2007–1904–03). reviewed as mandatory respondents. We after receiving further information from preliminarily find that the mandatory Petitioners, we initiated reviews of two SUMMARY: Pursuant to the Decision of respondents, Guangdong Wireking additional companies requested by the Binational Panel dated August 29, Housewares & Hardware Co., Ltd. Petitioners: Asia Pacific CIS (Wuxi) Co., 2011, affirming the International Trade (‘‘Wireking’’) and New King Shan (Zhu Ltd. (‘‘Asia Pacific CIS’’) and Hengtong Commission’s final determination on Hai) Co., Ltd. (‘‘NKS’’), received Hardware Manufacturing (Huizhou) Co., remand described above, the panel countervailable subsidies during the Ltd. (‘‘Hengtong’’). See Initiation of review was completed on September 29, POR. Their countervailing duty (‘‘CVD’’) Antidumping and Countervailing Duty 2011. rates have been used to calculate the Administrative Reviews, 75 FR 73036, rate applied to the other firms subject to 73038 (November 29, 2010). FOR FURTHER INFORMATION CONTACT: this review. If these preliminary results Ellen Bohon, United States Secretary, In order to select mandatory are adopted in our final results of respondents for this review, we issued NAFTA Secretariat, Suite 2061, 14th review, we will instruct U.S. Customs questionnaires on December 3, 2010, to and Constitution Avenue, Washington, and Border Protection (‘‘CBP’’) to assess the seven companies covered by the DC 20230, (202) 482–5438. countervailing duties as detailed in the review, requesting information about SUPPLEMENTARY INFORMATION: On August ‘‘Preliminary Results of Review’’ section the quantity and value (‘‘Q&V’’) of 29, 2011, the Binational Panel issued a of this notice. Interested parties are subject merchandise exports made to Decision of the Panel affirming the invited to comment on these the United States during the POR (‘‘Q&V International Trade Commission’s preliminary results. questionnaires’’). As in the underlying remand determination concerning DATES: Effective Date: October 7, 2011. investigation, we did not rely on CBP Certain Welded Large Diameter Line FOR FURTHER INFORMATION CONTACT: data for respondent selection because Pipe from Mexico (Secretariat File No. Alexander Montoro or Jennifer Meek, the Harmonized Tariff Schedule of the USA–MEX–2007–1904–03). The Office of AD/CVD Operations, Office 1, United States (‘‘HTSUS’’) categories that Secretariat was instructed to issue a Import Administration, International include subject merchandise are broad Notice of Completion of Panel Review Trade Administration, U.S. Department and contain products other than the on the 31st day following the issuance of Commerce, 14th Street and subject merchandise. See Memorandum of the Notice of Final Panel Action, if Constitution Avenue, NW., Washington, to Susan H. Kuhbach from Joseph no request for an Extraordinary DC 20230; telephone: (202) 482–0238 Shuler, regarding ‘‘Selection of Challenge Committee was filed. No such and (202) 482–2778, respectively. Respondents for the Countervailing request was filed. Therefore, on the SUPPLEMENTARY INFORMATION: Duty Administrative Review of Certain basis of the Panel Order and Rule 80 of Kitchen Appliance Shelving and Racks the Article 1904 Panel Rules, the Panel Background from the People’s Republic of China’’ Review was completed and the panelists On July 27, 2009, the Department were discharged from their duties published a CVD order on Kitchen 1 The Department notes that only the POR for the effective September 29, 2011. antidumping duty administrative review was Racks from the PRC. See Certain Kitchen included in the November 10, 2010 notice. See Dated: October 3, 2011. Appliance Shelving and Racks From the Initiation Correction, 75 FR at 69059. All notices People’s Republic of China: concerning the administrative review of the Ellen Bohon, Countervailing Duty Order, 74 FR 46973 countervailing duty order apply to the POR United States Secretary, NAFTA Secretariat. referenced in the initiation notices and this notice, (September 14, 2009) (‘‘CVD Order’’). generally January 7, 2009, through December 31, [FR Doc. 2011–25952 Filed 10–6–11; 8:45 am] On September 1, 2010, we published a 2009 (see ‘‘Period of Review’’ section below for BILLING CODE 3510–GT–P notice of ‘‘Opportunity to Request further discussion).

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(January 25, 2011) (‘‘Respondent a response from the GOC on September 8516.90.80.00, and 8516.90.80.10. Selection Memorandum’’). We received 2, 2011. On September 19, 2011, we Although the HTSUS subheadings are responses from five companies. We issued a third supplemental provided for convenience and customs confirmed the delivery of the Q&V questionnaire to NKS. We received a purposes, the written description of the questionnaires to the two producers/ response from NKS on September 23, scope of the order is dispositive. exporters that did not respond, Asia 2011. Period of Review Pacific CIS and Jiangsu Weixi. See On May 13, 2011, we extended the Memorandum to the File from Joseph deadline for the preliminary results We are conducting our analysis in this Shuler, regarding ‘‘Delivery until September 30, 2011. See Certain review on an annual basis, i.e., for the Confirmation of Quantity and Value Kitchen Shelving and Racks From the entire calendar year 2009. However, the Questionnaires’’ (January 10, 2011) People’s Republic of China: Extension of duties calculated will be applied as (‘‘Delivery Confirmation Memo’’). Time Limit for Preliminary Results of follows: for refrigeration shelving duties On January 25, 2011, we selected Countervailing Duty Administrative will be applied to entries from January Wireking and NKS as mandatory Review, 76 FR 27990 (May 13, 2011). 7, 2009 through May 6, 2009, and respondents. See Respondent Selection September 9, 2009, through December Memorandum. Scope of the Order 31, 2009; for oven racks duties will On January 28, 2011, we issued CVD The scope of the order consists of apply to entries from September 9, 2009, questionnaires to the Government of the shelving and racks for refrigerators, through December 31, 2009.2 PRC (‘‘GOC’’), Wireking, and NKS. On freezers, combined refrigerator-freezers, Use of Facts Otherwise Available and February 14, 2011, we issued a other refrigerating or freezing Adverse Inferences correction to the CVD questionnaire to equipment, cooking stoves, ranges, and Wireking and NKS. We received ovens. Certain kitchen appliance Sections 776(a)(1) and (2) of the Tariff responses to our questionnaires from shelving and racks are defined as Act of 1930, as amended (‘‘the Act’’), NKS on March 14, 2011 (‘‘NQR’’) and shelving, baskets, racks (with or without provide that the Department shall apply from the GOC and Wireking on March extension slides, which are carbon or ‘‘facts otherwise available’’ if necessary 22, 2011 (‘‘GQR’’ and ‘‘WQR,’’ stainless steel hardware devices that are information is not on the record or if an respectively). connected to shelving, baskets, or racks interested party or any other person: (A) On June 15, 2011, we issued to enable sliding), side racks (which are Withholds information that has been supplemental CVD questionnaires to the welded wire support structures for oven requested; (B) fails to provide GOC, Wireking, and NKS. We received racks that attach to the interior walls of information within the deadlines a partial response from NKS on June, 29, an oven cavity that does not include established, or in the form and manner 2011 (‘‘NSQR1a’’) and a response to the support ribs as a design feature), and requested by the Department, subject to remaining portion of the supplemental sub-frames (which are welded wire subsections (c)(1) and (e) of section 782 CVD questionnaire on July 15, 2011. On support structures that interface with of the Act; (C) significantly impedes a July 13, 2011 we received a response formed support ribs inside an oven proceeding; or (D) provides information from Wireking (‘‘WSQR1’’), and on July cavity to support oven rack assemblies that cannot be verified as provided by 14, 2011, we received a response from utilizing extension slides) with the section 782(i) of the Act. the GOC (‘‘GSQR1’’). following dimensions: Section 776(b) of the Act further On April 8, 2011, Petitioners • Shelving and racks with provides that the Department may use requested that the Department expand dimensions ranging from 3 inches by 5 an adverse inference in applying the its CVD administrative review to inches by 0.10 inch to 28 inches by 34 facts otherwise available when a party include one additional (new) subsidy inches by 6 inches; or has failed to cooperate by not acting to program. We initiated on this program • Baskets with dimensions ranging the best of its ability to comply with a on June 28, 2011. See Memorandum to from 2 inches by 4 inches by 3 inches request for information. Susan Kuhbach from Jennifer Meek and to 28 inches by 34 inches by 16 inches; 1. Non-Cooperative Companies Patricia Tran, regarding ‘‘Countervailing or Duty Administrative Review of Certain • Side racks from 6 inches by 8 As explained in the ‘‘Background’’ Kitchen Appliance Shelving and Racks inches by 0.10 inch to 16 inches by 30 section above, two companies in this from the People’s Republic of China: inches by 4 inches; or review, Asia Pacific CIS and Jiangsu Initiation of New Subsidy Allegation’’ • Sub-frames from 6 inches by 10 Weixi, did not provide a response to the (June 28, 2011). On July 1, 2011, we inches by 0.10 inch to 28 inches by 34 Department’s Q&V questionnaire issued issued a questionnaire regarding the inches by 6 inches. during the respondent selection process. new subsidy allegation (‘‘NSA’’) to the The subject merchandise is comprised We confirmed the delivery of the Q&V GOC, Wireking, and NKS. On July 15, of carbon or stainless steel wire ranging questionnaires to these companies. See 2011, we received responses from the in thickness from 0.050 inch to 0.500 Delivery Confirmation Memo. GOC and Wireking regarding the NSA inch and may include sheet metal of Accordingly, we determine that these questionnaire, and on July 18, 2011, we either carbon or stainless steel ranging non-cooperating companies withheld received a response to the NSA in thickness from 0.020 inch to 0.20 requested information and significantly questionnaire from NKS (‘‘NNSAQR’’). inch. The subject merchandise may be impeded this proceeding. Specifically, On August 12, 2011, we issued coated or uncoated and may be formed by not responding to requests for second supplemental questionnaires to and/or welded. Excluded from the scope the GOC, Wireking, and NKS. On of the order is shelving in which the 2 Entries of certain refrigeration shelving occurring during the period May 7, 2009, through August 19, 2011, we received a response support surface is glass. September 8, 2009, were not suspended for CVD from the GOC and NKS (‘‘GSQR2’’ and The merchandise subject to the order purposes due to the termination of provisional ‘‘NSQR2,’’ respectively). We received is currently classifiable in the HTSUS measures. Entries of certain oven racks occurring Wireking’s response on August 26, 2011 statistical reporting numbers before September 9, 2009, were liquidated at the 8418.99.80.50, 7321.90.50.00, time of the CVD order because the International (‘‘WSQR2’’). On August 26, 2011, we Trade Commission (‘‘ITC’’) found threat of material issued a third supplemental 7321.90.60.40, 7321.90.60.90, injury on certain oven racks. See CVD Order, 74 FR questionnaire to the GOC. We received 8418.99.80.60, 8419.90.95.20, at 46974–75.

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information concerning the Q&V of their Companies’’ section;3 Circular Welded proceeding, we applied the highest sales, the companies impeded the Austenitic Stainless Pressure Pipe from calculated subsidy rate for any program Department’s ability to select the most the People’s Republic of China: Final otherwise listed from any prior PRC appropriate respondents in this review. Affirmative Countervailing Duty CVD cases, so long as the non- Thus, we are basing the CVD rate for Determination, 74 FR 4936 (January 28, cooperating companies conceivably these non-cooperating companies on 2009), and accompanying Issues and could have used the program for which facts otherwise available, pursuant to Decision Memorandum at ‘‘Application the rate was calculated. See Aluminum sections 776(a)(2)(A) and (C) of the Act. of Facts Available and Use of Adverse Extrusions from the PRC Decision We further preliminarily determine Inferences’’ section; and Certain Hot- Memorandum at ‘‘Application of that an adverse inference is warranted, Rolled Carbon Steel Flat Products from Adverse Inferences: Non-Cooperative pursuant to section 776(b) of the Act. By India: Final Results and Partial Companies’’ section; see also failing to submit responses to the Rescission of Countervailing Duty Lightweight Thermal Paper From the Department’s Q&V questionnaire, these Administrative Review, 74 FR 20923 People’s Republic of China: Final companies did not cooperate to the best (May 6, 2009), and accompanying Issues Affirmative Countervailing Duty of their ability in this review. and Decision Memorandum at ‘‘SGOC Determination, 73 FR 57323 (October 2, Accordingly, we preliminarily find that Industrial Policy 2004–2009’’ section. 2008), and accompanying Issues and an adverse inference is warranted to Under this practice, the Department Decision Memorandum at ‘‘Selection of ensure that the non-cooperating computes the total AFA rate for non- the Adverse Facts Available Rate’’ companies will not obtain a more cooperating companies generally using section. On this basis, we preliminarily favorable result than had they fully program-specific rates calculated for the determine the AFA subsidy rate for Asia complied with our request for cooperating respondents in the instant Pacific CIS and Jiangsu Weixi to be information. review or prior reviews of instant case, 239.33 percent ad valorem. In deciding which facts to use as or calculated in prior CVD cases Section 776(c) of the Act provides adverse facts available (‘‘AFA’’), section involving the country under review (in that, when the Department relies on 776(b) of the Act and 19 CFR the instant case, the PRC). secondary information rather than on 351.308(c)(1) and (2) authorize the In these preliminary results, for the information obtained in the course of an Department to rely on information income tax rate reduction or exemption investigation or review, it shall, to the derived from: (1) The petition; (2) a final programs, we are applying an adverse extent practicable, corroborate that determination in the investigation; (3) inference that the non-cooperating information from independent sources any previous review or determination; companies paid no income taxes during that are reasonably at its disposal. or (4) any other information placed on 2009. For programs other than those Secondary information is ‘‘information the record. The Department’s practice involving income tax rate reduction or derived from the petition that gave rise when selecting an adverse rate from exemption programs, we have first to the investigation or review, the final among the possible sources of sought to apply, where available, the determination concerning the subject information is to ensure that the rate is highest, above de minimis subsidy rate merchandise, or any previous review sufficiently adverse ‘‘as to effectuate the calculated for an identical program from under section 751 concerning the statutory purposes of the adverse facts any segment of this proceeding. Absent subject merchandise.’’ See SAA at 870. available rule to induce respondents to such a rate, we have applied, where The Department considers information provide the Department with complete available, the highest, above de minimis to be corroborated if it has probative subsidy rate calculated for a similar value. Id. To corroborate secondary and accurate information in a timely program from any segment of this information, the Department will, to the manner.’’ See, e.g., Notice of Final proceeding. Absent an above de minimis extent practicable, examine the Determination of Sales at Less Than subsidy rate calculated for the same or reliability and relevance of the Fair Value: Static Random Access similar program in this proceeding, we information to be used. The SAA Memory Semiconductors From Taiwan, have applied the highest non-de emphasizes, however, that the 63 FR 8909, 8932 (February 23, 1998). minimis rate calculated for the same or Department need not prove that the The Department’s practice also ensures similar program (based on treatment of selected facts available are the best ‘‘that the party does not obtain a more the benefit) in another PRC CVD alternative information. Id. at 869. favorable result by failing to cooperate proceeding. Absent an above de minimis With regard to the reliability aspect of than if it had cooperated fully.’’ See subsidy rate calculated for the same or corroboration, we note that the rates Statement of Administrative Action similar program in any PRC CVD were calculated in this review or in (‘‘SAA’’) accompanying the Uruguay recent final CVD determinations. Round Agreements Act, H.R. Rep. No. 3 In the underlying investigation, the Department Further, the calculated rates were based 103–316, Vol. I, at 870 (1994), reprinted excluded from its AFA calculation for non- upon information about the same or at 1994 U.S.C.C.A.N. 4040, 4199. cooperative Q&V companies sub-national programs similar programs. Moreover, no In applying AFA for these non- alleged after respondent selection. See Certain Kitchen Shelving and Racks from the People’s information has been presented that cooperative companies, we are guided Republic of China: Final Affirmative Countervailing calls into question the reliability of by the Department’s approach in recent Duty Determination, 74 FR 37012 (July 27, 2009), these calculated rates that we are CVD investigations and reviews. See, and accompanying Issues and Decision applying as AFA. Finally, unlike other e.g., Aluminum Extrusions From the Memorandum (‘‘Kitchen Racks Decision Memorandum’’) at 5. Consistent with Aluminum types of information, such as publicly People’s Republic of China: Final Extrusions from the PRC, we determine it available data on the national inflation Affirmative Countervailing Duty appropriate to now include newly alleged and self- rate of a given country or national Determination, 76 FR 18521 (April 4, reported programs in the AFA calculation for non- average interest rates, there typically are 2011) (‘‘Aluminum Extrusions from the cooperative respondents, including non-cooperative Q&V companies. See Aluminum Extrusions from no independent sources for data on PRC’’), and accompanying Issues and the PRC Decision Memorandum at Comment 8. We company-specific benefits resulting Decision Memorandum (‘‘Aluminum find that this approach prevents non-cooperative from countervailable subsidy programs. Extrusions from the PRC Decision respondents from successfully avoiding being With respect to the relevance aspect Memorandum’’) at ‘‘Application of associated with newly alleged subsidy programs and subsidies discovered during the course of the of corroborating the rates selected, the Adverse Inferences: Non-Cooperative investigation or review. Department will consider information

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reasonably at its disposal in considering Appendix 3. The GOC provided the individual assets of the other the relevance of information used to information indicating that several wire corporation(s) in essentially the same calculate a countervailable subsidy rod producers were owned in whole or ways it can use its own assets. This benefit. Where circumstances indicate in part by other companies, but failed to section of the Department’s regulations that the information is not appropriate provide the ownership of those other states that this standard will normally as AFA, the Department will not use it. companies. For one wire rod producer, be met where there is a majority voting See Fresh Cut Flowers From Mexico; the GOC failed to provide any ownership interest between two Final Results of Antidumping Duty ownership information. corporations or through common Administrative Review, 61 FR 6812, We preliminarily determine that the ownership of two (or more) 6814 (February 22, 1996). GOC has withheld necessary corporations. The Preamble to the In the absence of record evidence information that was requested of it and, Department’s regulations further concerning these programs due to the thus, that the Department may rely on clarifies the Department’s cross- non-cooperative Q&V companies’ ‘‘facts available’’ in making our ownership standard. According to the decision not to participate in the review, preliminary determination. See sections Preamble, relationships captured by the we have reviewed the information 776(a)(1) and (a)(2)(A) of the Act. cross-ownership definition include concerning PRC subsidy programs in Moreover, we preliminarily determine those where this and other cases. For those programs that the GOC has failed to cooperate by for which the Department has found a not acting to the best of its ability to the interests of two corporations have merged program-type match, we find that, comply with our request for to such a degree that one corporation can use because these are the same or similar information. Consequently, an adverse or direct the individual assets (or subsidy programs, they are relevant to the inference is warranted in the benefits) of the other corporation in programs of this case. For the programs application of facts available. See essentially the same way it can use its own for which there is no program-type section 776(b) of the Act. We are assets (or subsidy benefits) * * * Cross- match, we have selected the highest applying the adverse inference that the ownership does not require one corporation calculated subsidy rate for any PRC producers of wire rod used by Wireking to own 100 percent of the other corporation. program from which the non- and NKS are government authorities Normally, cross-ownership will exist where cooperative Q&V companies could that provided a financial contribution as there is a majority voting ownership interest between two corporations or through receive a benefit to use as AFA. The described under section 771(5)(D)(iv) of common ownership of two (or more) relevance of these rates is that they are the Act. actual calculated CVD rates for a PRC corporations. In certain circumstances, a program from which the non- Subsidies Valuation Information large minority voting interest (for example, 40 percent) or a ‘‘golden share’’ may also cooperative Q&V companies could Allocation Period actually receive a benefit. Further, these result in cross-ownership. rates were calculated for periods close The average useful life period in this See Countervailing Duties; Final Rule, to the POR in the instant case. proceeding, as described in 19 CFR 63 FR 65348, 65401 (November 25, Moreover, the failure of these 351.524(d)(2), is 12 years according to companies to respond to requests for the U.S. Internal Revenue Service’s 1977 1998). Class Life Asset Depreciation Range information has ‘‘resulted in an Thus, the Department’s regulations System, as revised. See U.S. Internal egregious lack of evidence on the record make clear that the agency must look at Revenue Service Publication 946 (2008), to suggest an alternative rate.’’ Shanghai the facts presented in each case in Taoen Int’l Trading Co., Ltd. v. United How to Depreciate Property, at Table B– 2: Table of Class Lives and Recovery determining whether cross-ownership States, 360 F. Supp. 2d 1339, 1348 (Ct. exists. Int’l Trade 2005). Due to the lack of Periods. No party in this proceeding has participation by the non-cooperative disputed this allocation period. The U.S. Court of International Trade (‘‘CIT’’) has upheld the Department’s Q&V companies and the resulting lack Attribution of Subsidies of record information concerning their authority to attribute subsidies based on use of programs under review, the The Department’s regulations at 19 whether a company could use or direct Department has corroborated the rates it CFR 351.525(b)(6)(i) state that the the subsidy benefits of another company selected to the extent practicable. Department will normally attribute a in essentially the same way it could use For a detailed discussion of the AFA subsidy to the products produced by the its own subsidy benefits. See Fabrique rates selected for each program under corporation that received the subsidy. de Fer de Charleroi, SA v. United States, review, see Memorandum to the File However, 19 CFR 351.525(b)(6)(ii)–(v) 166 F. Supp. 2d 593, 600–604 (CIT from Jennifer Meek and Alexander directs that the Department will 2001). attribute subsidies received by certain Montoro, regarding ‘‘Application of Wireking stated that it is a wholly other companies to the combined sales Adverse Facts Available Rates for foreign-owned company, with its parent of the recipient and other companies if: Preliminary Results’’ (September 30, companies located outside of the PRC. 2011). (1) Cross-ownership exists between the companies; and (2) the cross-owned Wireking also responded that it has no 2. GOC—Wire Rod companies produce the subject affiliates that are cross-owned within The Department sought information merchandise, are a holding or parent the meaning of 19 CFR 351.525(b)(6). from the GOC about the producers of the company of the subject company, See WQR at 4–5. Therefore, we are wire rod purchased by Wireking and produce an input that is primarily limiting our analysis to Wireking. NKS. In particular, for any of the wire dedicated to the production of the NKS also stated that it is wholly rod producers that are not majority- downstream product, or transfer a owned by entities located outside of the owned by the GOC, the GOC was asked, subsidy to a cross-owned company. PRC. NKS identified several affiliated inter alia, to trace back the ownership According to 19 CFR companies and reported that none of to the ultimate individual or state 351.525(b)(6)(vi), cross-ownership exists them are located in the PRC. See NQR owners. See the Department’s January between two or more corporations at 3–5. Therefore, we are limiting our 28, 2011 questionnaire at Section II/ where one corporation can use or direct analysis to NKS.

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Analysis of Programs preliminarily determine that NKS 351.525(b)(6)(i). On this basis, we Based upon our analysis and the received a countervailable subsidy of preliminarily determine that NKS responses to our questionnaires, we 1.00 percent ad valorem under this received a countervailable subsidy of determine the following: program. 0.77 percent ad valorem under this program. I. Programs Preliminarily Determined B. Income Tax Reduction for FIEs Based To Be Countervailable on Geographic Location C. Exemption From City Maintenance To promote economic development and Construction Taxes and Education A. Two Free, Three Half Program and attract foreign investment, Fee Surcharges for FIEs in Guangdong Under Article 8 of the FIE Tax Law, ‘‘productive’’ FIEs located in coastal Province a foreign-invested enterprise (‘‘FIE’’) economic zones, special economic Pursuant to the Circular on that is ‘‘productive’’ and is scheduled to zones or economic and technical Temporarily Not Collecting City operate for more than ten years may be development zones in the PRC were Maintenance and Construction Tax and exempted from income tax in the first subject to preferential tax rates of 15 Education Fee Surcharge for FIEs and two years of profitability and pay percent or 24 percent, depending on the Foreign Enterprises (GUOSHUIFA income taxes at half the standard rate zone. See GQR at 5. This program was {1994} No. 38), the local tax authorities for the subsequent three years. See GQR created on June 15, 1988, pursuant to exempt all FIEs and foreign enterprises at 23. The GOC claims that the ‘‘Two the Provisional Rules on Exemption and from the city maintenance and Free, Three Half’’ program was Reduction of Corporate Income Tax and construction tax and the education fee terminated effective January 1, 2008, by Business Tax of FIEs in Coastal surcharge. See GQR at 10 at Exhibit 6 the Enterprise Income Tax Law but Economic Development Zone issued by and KASR Decision Memorandum at 7. companies already enjoying the the Ministry of Finance, and continued In the underlying investigation, we preference were permitted to continue. under Article 7 of the FIE Tax Law on determined that this program conferred See GQR at 23–24 and Exhibits 1, 3 and July 1, 1991. See GQR at Exhibit 3. a countervailable benefit, where this 4. As a result of the transition provisions program was referred to as ‘‘Exemption The Department has previously found of the new Enterprise Income Tax Law, from City Construction Tax and this program countervailable. See CFS which came into force on January 1, Education Tax for FIEs in Guangdong Decision Memorandum at 11–12; see 2008, enterprises that were eligible for Province.’’ See Kitchen Racks Decision also Certain Seamless Carbon and Alloy the reduced rates of 15 percent or 24 Memorandum at 13. No interested party Steel Standard, Line, and Pressure Pipe percent are to be gradually transitioned provided new evidence that would lead from the People’s Republic of China: to the uniform rate of 25 percent over us to reconsider our earlier finding. Final Affirmative Countervailing Duty a five-year period. See GQR at 6 and Therefore, we continue to find that Determination, Final Affirmative Exhibit 2. these tax exemptions confer a Critical Circumstances Determination, In the underlying investigation, we countervailable subsidy. 75 FR 57444 (September 21, 2010), and determined that this program conferred Both NKS and Wireking stated they accompanying Issues and Decision a countervailable benefit. See Kitchen have never paid the City Maintenance Memorandum at 25. Racks Decision Memorandum at 11–12. and Construction Taxes or Education NKS reported that it used this No interested party provided new Fee Surcharges. See WQR at 10 and program during 2009. See NQR at 12. evidence that would lead us to NKS at 11. These taxes are calculated as We preliminarily determine that the reconsider our earlier finding. See, e.g., a percentage of the value added tax exemption or reduction of the income Live Swine from Canada; Final Results (‘‘VAT’’) and business and consumption tax paid by productive FIEs under this of Countervailing Duty Administrative taxes paid by enterprises. Wireking program confers a countervailable Reviews, 61 FR 52408, 52420 (October 7, reported the amount it would have paid subsidy. The exemption/reduction is a 1996) (‘‘{I}t is the Department’s policy during the POR had it been subject to financial contribution in the form of not to re-examine the issue of that the City Maintenance and Construction revenue forgone by the GOC, and it program’s countervailability in Taxes or Education Fee Surcharges. See provides a benefit to the recipient in the subsequent reviews unless new WSQR1 at 5. NKS states it did not pay amount of the tax savings. See section information or evidence of changed any VAT, business or consumption tax 771(5)(D)(ii) of the Act and 19 CFR circumstances is submitted which and therefore, would not have paid this 351.509(a)(1). We also preliminarily warrants reconsideration.’’). Therefore, tax even if had not been exempted determine that the exemption/reduction we continue to find that these tax under this program. See NKSQR3 at 1. afforded by this program is limited as a benefits confer a countervailable To calculate the benefit, we treated matter of law to certain enterprises, i.e., subsidy. Wireking’s tax savings as a recurring ‘‘productive’’ FIEs and, hence, is NKS reported paying a reduced benefit, consistent with 19 CFR specific under section 771(5A)(D)(i) of income tax rate during the POR under 351.524(c)(1), and divided the the Act. the program. See NQR at 10–11. company’s savings received during 2009 To calculate the benefit, we treated To calculate the benefit, we treated by the company’s total 2009 sales. To the income tax savings received by NKS the income tax savings received by NKS compute the amount of the city as a recurring benefit, consistent with 19 as a recurring benefit, consistent with 19 maintenance and construction tax CFR 351.524(c)(1). To compute the CFR 351.524(c)(1). To compute the savings, we compared what Wireking amount of the tax savings, we compared amount of the tax savings, we compared would have paid in the absence of the the income tax that NKS would have the income tax NKS would have paid in program (seven percent of the total of paid in the absence of the program with the absence of the program (i.e., at the VAT, business tax, and consumption tax the income tax that NKS actually paid 25 percent rate) with the income tax that paid during 2009) with what it paid during 2009. NKS actually paid during the 2009 (i.e., (zero). To calculate the amount of the We divided the benefits received in at the reduced rate). savings from the educational fee 2009 by NKS’s 2009 total sales, in We divided the benefits received by surcharge exemption, we compared accordance with 19 CFR NKS in 2009 by its 2009 total sales, in what Wireking would have paid in the 351.525(b)(6)(i). On this basis, we accordance with 19 CFR absence of the program (three percent of

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total of VAT, business tax, and program under which Wireking received conferred a countervailable subsidy. We consumption tax paid during 2009) with assistance in 2009 is the same program find the grant to be a direct transfer of what it paid (zero). Id. On this basis, we as the ‘‘International Market funds within the meaning of section preliminarily determine the Development Fund Grants for Small and 771(5)(D)(i) of the Act, providing a countervailable subsidy to be 0.54 Medium Sized Enterprises’’ program benefit in the amount of the grant. See percent ad valorem for Wireking. (also known as ‘‘SME Fund’’, ‘‘Medium 19 CFR 351.504(a). Further, we find the & Small Size Enterprise International grant to be specific under section D. Shunde Famous Brands Market Expansion Assistance’’ program 771(5A)(B) of the Act because receipt of According to the GOC, this program or ‘‘International Exhibition Show the grant is contingent upon export was established in June 2003 and was Assistance’’ program) previously performance. terminated in December 2008. The investigated by the Department and To calculate the countervailable purpose of this program was to increase found countervailable; inter alia, in subsidy, we used our standard the popularity and competitiveness of Aluminum Extrusions from the PRC. methodology for non-recurring grants. the product brands and, to be eligible See the Department’s August 12, 2011, See 19 CFR 351.524(b). As the approval for awards, an enterprise must have GOC second supplemental date is unknown, we are treating the been designated as a ‘‘Famous questionnaire at Attachment 1 and year of receipt, 2009, as the year of Trademark of China,’’ ‘‘Chinese Famous GSQR2 at 2. approval as facts available under section Product,’’ ‘‘Famous Trademark of Wireking reported receiving funds 776(a)(1) of the Act. We applied the ‘‘0.5 Guangdong province,’’ or ‘‘Guangdong under this program in 2009. See WQR percent test,’’ pursuant to 19 CFR Famous Product.’’ See GSQR1 at 12–13 at 13. 351.524(b)(2). The grant amount was and Exhibit 4. The GOC stated that the We preliminarily determine that less than 0.5 percent of Wireking’s 2009 government authority responsible for Wireking received a countervailable export sales. Thus, in accordance with administering this program was the subsidy during the POR under this 19 CFR 351.524(b)(2), we expensed the Shunde Economic and Trade Bureau program. We find the grant to be a direct entire amount of the grant to 2009 and (currently known as Shunde Economic transfer of funds within the meaning of attributed the benefit to Wireking’s 2009 Promotion Bureau). Id.; see also GSQR2 section 771(5)(D)(i) of the Act, providing export sales. On this basis, we at Exhibit 1. a benefit in the amount of the grant. See preliminarily determine the Wireking was approved for a grant 19 CFR 351.504(a). Further, we find the countervailable subsidy attributable to under this program in 2008 and grant to be specific under section Wireking to be 0.06 percent ad valorem received these funds in 2009. See 771(5A)(B) of the Act because receipt of under this program. GSQR2 at Exhibit 1 and WQR at 13. the grant is contingent upon export We preliminarily determine that performance. G. Zhuhai Export Trade Grant Wireking received a countervailable To calculate the countervailable According to the GOC, the Zhuhai subsidy during the POR under this subsidy, we used our standard Export Trade Grant program was program. We find the grant to be a direct methodology for non-recurring grants. established pursuant to ZWJM (2009) transfer of funds within the meaning of See 19 CFR 351.524(b). Treating the year No. 28 and came into effect in section 771(5)(D)(i) of the Act, providing of receipt as the year of approval, we November 2008. The purpose of the a benefit in the amount of the grant. See applied the ‘‘0.5 percent test,’’ pursuant program is to maintain the stable 19 CFR 351.504(a). Based on to 19 CFR 351.524(b)(2). The 2009 grant development of international trade. See information provided on the record, we amount was less than 0.5 percent of GSQR1 at 39–44 and Exhibit 9. The further preliminarily determine that Wireking’s 2009 export sales. Thus, in GOC stated that the government grants under this program are de facto accordance with 19 CFR 351.524(b)(2), authorities responsible for approving specific based on the limited number of we expensed the entire amount of the and administering the program are the users. See section 771(5A)(D)(iii)(I) of grant to 2009 and attributed the benefit Zhuhai Foreign Economic and Trade the Act. See also GSQR2 at Exhibit 1. to Wireking’s 2009 export sales. On this Corporation Bureau and the Zhuhai To calculate the countervailable basis, we preliminarily find a Finance Department. See GSQR1 at 39 subsidy, we used our standard countervailable subsidy of 0.02 percent and Exhibit SGQ–9. To be eligible for methodology for non-recurring grants. ad valorem for Wireking. assistance under this program, a See 19 CFR 351.524(b). As Wireking was company must be registered in the approved for the funds in 2008 and F. Foshan Shunde Export Rebate Department of Industry and Commerce received payment in 2009, we first Wireking reported that it received a of Zhuhai City, must not have applied the ‘‘0.5 percent test,’’ pursuant grant but was unable to identify the committed a significant unlawful act or to 19 CFR 351.524(b)(2) using program under which it was given. See behaved illegally in the last two years, Wireking’s 2008 total sales. The grant WSQR1 at 4. Wireking claims the only must have exported at least USD 1 amount was less than 0.5 percent of information it has regarding this grant is million in 2008 and 2009, and must Wireking’s 2008 total sales. Thus, in what is listed on the receipt from a local have increased its exports in 2009 over accordance with 19 CFR 351.524(b)(2), finance bureau. See WSQR2 at 2–3. 2008. See GSQR1 at 43. we expensed the entire amount of the Wireking also states it has been unable NKS reported that it received a grant grant and attributed the benefit to to gather more information from the under this program during 2009. See Wireking’s total sales in the year of local finance bureau that distributed the NSQR1a at 3. receipt (i.e., 2009). On this basis, we funds. Based on the information it has, We preliminarily determine that NKS preliminarily find a countervailable Wireking believes the grant was related received a countervailable subsidy subsidy of 0.10 percent ad valorem for to exports. We will continue to gather during the POR under this program. We Wireking. information regarding this program for find the grant to be a direct transfer of the final results. funds within the meaning of section E. International Market Exploration Based on the translated information 771(5)(D)(i) of the Act, providing a Fund provided by Wireking regarding the benefit in the amount of the grant. See The GOC confirmed that the receipt of this grant, we preliminarily 19 CFR 351.504(a). Further, we find the International Market Exploration Fund find that the grant under this program grant to be specific under section

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771(5A)(B) of the Act, because receipt of specific industries (i.e., enterprises in individuals, the GOC has submitted the grant is contingent upon export difficulty such as clothing, textile, toys, incomplete information. Consistent with performance. printing, packing, electronics, house section 782(d) of the Act, we intend to To calculate the countervailable appliance, hardware and plastics, and seek further information. See ‘‘Programs subsidy, we used our standard furniture business). Hence, the grants for Which More Information is methodology for non-recurring grants. are de jure specific under section Required’’ section of this notice, below. See 19 CFR 351.524(b). As NKS was 771(5A)(D)(i) of the Act. For these preliminary results, however, approved for the funds in 2009, we To calculate the countervailable as we are still gathering information on applied the ‘‘0.5 percent test,’’ pursuant subsidy, we used our standard this wire rod producer, we are not to 19 CFR 351.524(b)(2) using NKS’s methodology for non-recurring grants. including purchases of wire rod 2009 total export sales. The 2009 grant See 19 CFR 351.524(b). We applied the produced by this company in the amount was less than 0.5 percent of ‘‘0.5 percent test,’’ pursuant to 19 CFR calculation. Based on our findings that NKS’s 2009 total export sales. Thus, in 351.524(b)(2) using NKS’s 2009 total certain wire rod producers are accordance with 19 CFR 351.524(b)(2), sales. The 2009 grant amount was less authorities, we preliminarily determine we expensed the entire amount of the than 0.5 percent of NKS’s 2009 total that the GOC is providing a good and, grant to 2009. In accordance with 19 sales. Thus, in accordance with 19 CFR hence, a financial contribution under CFR 351.525(b)(2), we attributed the 351.524(b)(2), we expensed the entire section 771(5)(D)(iii) of the Act. benefit to NKS’s 2009 total export sales. amount of the grant to 2009 and To determine whether this financial On this basis, we preliminarily find a attributed the benefit to NKS’s 2009 contribution results in a subsidy to the countervailable subsidy of 0.02 percent total sales. On this basis, we Kitchen Racks producers, we followed ad valorem for NKS. preliminarily find a countervailable 19 CFR 351.511(a)(2) for identifying an subsidy of 0.06 percent ad valorem for appropriate market-based benchmark for H. Guangdong Supporting Fund NKS. measuring the adequacy of the According the GOC, the Guangdong remuneration for the wire rod. As in the I. Provision of Wire Rod for Less Than Supporting Fund program was underlying investigation, we have relied Adequate Remuneration (‘‘LTAR’’) established in 2009 with the purpose of upon tier two benchmarks, i.e., world helping enterprises affected by the In the underlying investigation, we market prices available to purchasers in economic crisis and maintaining determined that this program conferred the PRC, to determine the existence and employment. The GOC stated that the a countervailable subsidy. See Kitchen extent of the benefit to Wireking and government authorities responsible for Racks Decision Memorandum at 14–16. NKS. See Kitchen Racks Decision administering the program are the No interested party provided new Memorandum at 8. Petitioners Guangdong Labor and Social Security evidence that would lead us to submitted U.S. domestic prices for wire Department, the Guangdong Financial reconsider our earlier findings that the rod, but we have not included these in Department and the local tax bureau. GOC’s predominant role in the PRC’s our benchmark because they do not See GSQR1 at Exhibit 11. The Zhuhai wire rod market renders domestic prices represent world market prices available Human Resource and Social Security unusable as benchmarks or that the to purchasers in the PRC. Instead, we Bureau is responsible for disbursing subsidy conferred is specific. See have used the Steel Business Briefing payments from the fund. See GSQR1 at Kitchen Racks Decision Memorandum export prices for wire from Turkey, 45. To be eligible, a company should be at 15–16. Therefore, our analysis focuses Black Sea, and Latin America which among the industries affected heavily by on whether the producers of the wire were submitted by Wireking. See the financial crisis or the company must rod used by Wireking and NKS during Wireking’s Comments on be in difficult position. See GSQR1 at the POR were authorities within the Benchmarking, June 15, 2011, and 47. The GOC provided Yuelaoshefa meaning of section 771(5)(B) of the Act Memorandum to the File, regarding (2009) No. 6, which defines ‘‘enterprises and the extent of the benefit provided. ‘‘Wire Rod Benchmark Prices’’ in difficulty’’ as enterprises in the As discussed in the ‘‘Use of Facts (September 30, 2011). This is consistent ‘‘Clothing, textile, toys, printing, Otherwise Available and Adverse with the Department’s use of data from packing, electronics, house appliance, Inferences’’ section, above, we industry publications such as the Steel hardware and plastics, and furniture preliminarily determine that the wire Business Briefing in other recent CVD business which have been significantly rod producers for whom the GOC did proceedings involving the PRC. See, influenced by the international financial not provide complete ownership e.g., Wire Decking From the People’s crisis * * * and have passed the information are authorities. For one Republic of China: Final Affirmative identification of enterprises in wire rod producer, the ownership Countervailing Duty Determination, 75 difficulty.’’ See GSQR1 at Exhibit 11. information submitted by the GOC FR 32902 (June 10, 2010), and NKS reported that it received a benefit indicates majority state ownership. In accompanying Issues and Decision during 2009. See NSQR1a at 3. tires from the PRC, the Department Memorandum at ‘‘Provision of HRS According to the GOC, NKS received determined that majority government Steel for LTAR’’ section. funding from the ‘‘enterprise in a ownership of an input producer is Under 19 CFR 351.511(a)(2)(iv), when difficult position fund.’’ See GSQR2 at sufficient to qualify it as an ‘‘authority.’’ measuring the adequacy of 3. See Certain New Pneumatic Off-the- remuneration under tier one or tier two, We preliminarily determine that NKS Road Tires From the People’s Republic the Department will adjust the received a countervailable subsidy of China: Final Affirmative benchmark price to reflect the price that during the POR under this program. We Countervailing Duty Determination and a firm actually paid or would pay if it find the grant to be a direct transfer of Final Negative Determination of Critical imported the product, including funds within the meaning of section Circumstances, 73 FR 40480 (July 15, delivery charges and import duties. 771(5)(D)(i) of the Act, providing a 2008) and accompanying Issues and Regarding delivery charges, we have benefit in the amount of the grant. See Decision Memorandum at 10. Thus, we included the freight charges that would 19 CFR 351.504(a). We further preliminarily determine this supplier is be incurred to deliver wire rod to the determine preliminarily that grants an authority. For the final wire rod respondents’ plants. We have also under this program are limited to producer, which is owned by added import duties, as reported by the

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GOC, and VAT applicable to imports of Affirmative Countervailing Duty Promotion Bureau) administers the wire rod into the PRC. We have Determination, Final Affirmative program. See id. at 25 and Exhibit 7. compared these prices to the Critical Circumstances Determination, Wireking applied for and received a respondents’ actual purchase prices, 76 FR 1971 (January 11, 2011), and grant under this program in 2009. See including any taxes and delivery accompanying Issues and Decision WQR at 11. charges incurred to deliver the product Memorandum at ‘‘Provision of Based on our analysis, any potential to their plants. Electricity for LTAR’’ section. Next, we benefit to Wireking under this program Comparing the adjusted benchmark calculated the benchmark variable is less than 0.005 percent ad valorem. prices to the prices paid by the electricity cost by multiplying the To determine this, we divided the respondents for the wire rod they monthly KWH consumed at each price amount received by Wireking in 2009 by purchased, we preliminarily determine category (peak, normal, and valley) by Wireking’s total sales in 2009. Where that the GOC provided wire rod for the highest electricity rate charged for the countervailable subsidy rate for a LTAR, and that a benefit exists in the each price category. To calculate the program is less than 0.005 percent, the amount of the difference between the benefit for each month, we subtracted Department’s practice is to not include benchmark and what the respondents the variable electricity charge paid by that program in the total CVD rate. See, paid. See 19 CFR 351.511(a). We each respondent during the POR from e.g., CFS Decision Memorandum at divided the difference between the the monthly benchmark variable ‘‘Analysis of Programs, Programs amounts actually paid by Wireking and electricity cost. Determined Not To Have Been Used or NKS for wire rod and what they would To measure whether the respondents Not To Have Provided Benefits During have paid under the benchmark in 2009, received a benefit with regard to their the POR for GE’’ section. Thus, without by the two companies’ respective total transmitter capacity charge (a.k.a., base prejudice to the question of whether this sales in 2009. On this basis, we charge), we first multiplied the monthly program confers a countervailable preliminarily determine the transmitter capacity charged to the subsidy, and consistent with our countervailable subsidy to be .82 companies by the corresponding practice, we determine that any percent and 0.46 percent ad valorem for consumption quantity, where potential benefit under this program is Wireking and NKS, respectively. appropriate. Next, we calculated the not measurable. See CFS Decision J. Provision of Electricity for LTAR benchmark transmitter capacity cost by Memorandum at 15. multiplying companies’ consumption We examined the following programs In the underlying investigation, we and preliminarily determine that the determined that this program conferred quantities by the highest transmitter capacity rate reflected in the electricity producers and/or exporters of the a countervailable benefit. See Kitchen subject merchandise under review did Racks Decision Memorandum at 5–6 rate benchmark chart. To calculate the benefit, we subtracted the transmitter not apply for or receive benefits under and 13. No interested party provided these programs during the POR: new evidence that would lead us to costs paid by the companies during the reconsider our earlier finding that there POR from the benchmark transmitter III. Programs Found To Be Not Used or is a financial contribution that is costs. That Provided No Benefit During the specific. Therefore, our analysis is We then calculated the total benefit POR focused on whether a benefit was received during the POR under this 1. Income Tax Refund for conferred during the POR. program by summing the benefits Reinvestment of Profits in Export- Both Wireking and NKS purchased stemming from the respondents’ Oriented Enterprises. electricity and provided monthly usage variable electricity payments and 2. Income Tax Reduction for Export- and payment data. See NQR at 12, transmitter capacity payments. Oriented FIEs. NSQR1a at 8, NSQR2 at 3; WQR at 11, We divided the benefit by the 3. Local Income Tax Exemption or WSQR1 at 6, WSQR2 at 6. respondents’ total sales in POR. On this Reduction Program for ‘‘Productive’’ To determine the existence and basis, we preliminarily determine net FIEs. amount of any benefit from this countervailable subsidy rates of 0.62 4. Preferential Tax Subsidies for program, we selected the highest percent ad valorem for Wireking and Research and Development by FIEs. electricity rates that were in effect 0.58 percent ad valorem for NKS. 5. Income Tax Credits on Purchases of during the POR, consistent with our Domestically-Produced Equipment by II. Programs Preliminarily Determined approach in the investigation. The GOC FIEs. Not To Confer a Measurable Benefit provided electricity rate schedules for 6. Income Tax Credits for Purchases of During the POR 2009, including the new rates based on Domestically-Produced Equipment by the price adjustment that occurred in A. Shunde Patent Application Domestically-Owned Companies. November 2009. See GQR at 23 and 7. Reduction in or Exemption from Exhibit GQ8–9. Based on these rate According to the GOC, this program Fixed Assets Investment Orientation schedules, we have constructed was established in January 2001 and is Regulatory Tax. benchmark peak, normal, and valley intended to encourage investors in the 8. VAT Rebates for FIEs Purchasing rates for the ‘‘large industrial’’ user Shunde district, and to promote the Domestically-Produced Equipment. category, including the highest development of the economy and 9. Import Tariff and VAT Exemptions provincial rate for the base rate. technology. The GOC has reported that for FIEs and Certain Domestic Consistent with our approach in drill any enterprise or public institution, Enterprises Using Imported Equipment pipe from the PRC we first calculated government organ, public organization, in Encouraged Industries. the variable electricity costs of NKS and or individual, that resides in this district 10. Import Tariff Exemptions for the Wireking by multiplying the monthly and applies for a domestic patent for an ‘‘Encouragement of Investment by kilowatt hours (‘‘KWH’’) consumed at invention, utility model patent, or Taiwanese Compatriots’’. each price category (peak, normal, and invention authorization, can receive this 11. Provision of Nickel for LTAR by valley) by the corresponding electricity reward. See GSQR1 at 26. the GOC. rates they paid. See Drill Pipe From the Shunde Science and Technology 12. Government Provision of Water at People’s Republic of China; Final Bureau (currently the Shunde Economic LTAR to Companies Located in

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Development Zones in Guangdong 35. Income Tax Rebate for ‘‘Superior C. Zhuhai Farmer Training Subsidy Province. Industrial Enterprises’’ in Zhongshan. According the GOC, the Zhuhai 13. Exemption from Land 36. Accelerated Depreciation for New Farmer Training Subsidy program was Development Fees for Enterprises Technological Transformation Projects established in 2007 to promote the Located in Industrial Cluster Zones. ‘‘Superior Industrial Enterprises’’ in hiring and training of migrant rural 14. Reduction in Farmland Zhongshan. workers. The GOC identified the Development Fees for Enterprises 37. Exemption from the Tax on municipal or district labor and social Located in Industrial Zones. Investments in Fixed Assets for security department as the 15. Special Subsidy from the ‘‘Superior Industrial Enterprises’’ in administrators of the program. See Technology Development Fund to Zhongshan. GSQR1 at 32 and Exhibit SGQ–8. To Encourage Technology Development. IV. Programs for Which More receive benefits an enterprise must 16. Exemption from District and Information Is Required employ more than fifty migrant rural Township Level Highway Construction workers from other provinces, have no Fees for Enterprises Located in A. Provision of Steel Strip for LTAR arrears in the payment of wages, must Industrial Cluster Zones. The GOC has provided certain sign employment contracts with migrant 17. Exemptions from or Reductions in information requested by the rural workers for more than one year, Educational Supplementary Fees and Department regarding this newly alleged and have the necessary training place Embankment Defense Fees for subsidy. In particular, the GOC has and equipment. See GSQR1 at 32–37. Enterprises Located in Industrial Cluster identified the producers of steel strip The GOC’s response requires Zones. used by Wireking and NKS as state- clarification with regard to the 18. Exemption from Real Estate Tax owned and has provided more general information provided on whether this and Dike Maintaining Fee for FIEs in information regarding the hot-rolled program is administered specific. Guangdong Province. steel industry in the PRC. However, Consistent with section 782(d) of the 19. Import Tariff Refunds and information on the record shows that Act, we intend to seek further Exemptions for FIEs in Guangdong NKS used cold-rolled strip and that information on this issue. Province. Wireking may have used cold-rolled 20. Preferential Loans and Interest strip. See NNSAQR at Exhibit 2, WSQR3 Preliminary Results of Review Rate Subsidies in Guangdong Province. at Exhibit 3, and Petitioners’ submission In accordance with 19 CFR 21. Direct Grants in Guangdong regarding benchmarks for the NSA (July 351.221(b)(4)(i), we calculated Province. 26, 2011). Wireking did not distinguish individual subsidy rates for the 22. Funds for ‘‘Outward Expansion’’ its purchases of hot- and cold-rolled mandatory respondents, Wireking and of Industries in Guangdong Province. strip. See WSQR3 at Exhibit 3. To date, NKS. 23. Land-related Subsidies to the GOC has not provided information Companies Located in Specific Regions about the cold-rolled steel industry in For the non-selected respondents of Guangdong Province. the PRC or about the specificity of any which responded to our requests for 24. Import Tariff and VAT Refunds possible subsidy arising from the Q&V information (i.e., Leader Metal, and Exemptions for FIEs in Zhejiang. provision of cold-rolled strip for LTAR. Dunli, and Hengtong), we have followed 25. Grants to Promote Exports from Consistent with section 782(d) of the the Department’s practice, which is to Zhejiang Province. Act, we intend to seek further base the margin on an average of the 26. Land-related Subsidies to information on these issues. Also, we margins calculated for those companies Companies Located in Specific Regions intend to ask Wireking to distinguish its selected for individual review, of Zhejiang. purchases of hot- and cold-rolled strip. excluding de minimis rates or rates 27. Special Subsidy from the based entirely on AFA. See, e.g., Certain Technology Development Fund to B. Provision of Wire Rod for LTAR Pasta From Italy: Preliminary Results of Encourage Technology Innovation. As discussed above in the ‘‘I.I. the 13th (2008) Countervailing Duty 28. Subsidies to Encourage Provision of Wire Rod for LTAR’’ Administrative Review, 75 FR 18806, Enterprises in Industrial Cluster Zones section, the information submitted by 18811 (April 13, 2010), unchanged in to Hire Post-Doctoral Workers. the GOC regarding one wire rod Certain Pasta from Italy: Final Results of 29. Land Purchase Grant Subsidy to producer is incomplete. Therefore, we the 13th (2008) Countervailing Duty Enterprises Located in Industrial Cluster intend to seek further information. In Administrative Review, 75 FR 37386 Zones and Encouraged Enterprises. particular, we intend to ask the GOC to (June 29, 2010). Therefore, we have 30. Exemption from Accommodating provide complete translations of the preliminarily assigned to Leader Metal, Facilities Fees for High-Tech and Large- information submitted in its most recent Hangzhou Dunli, and Hengtong the Scale FIEs. supplemental response, to confirm and simple average of the rates calculated 31. Income Tax Deduction for establish the completeness of that for Wireking and NKS. We have used a Technology Development Expenses of information, to establish the reliability simple average rather than a weighted FIEs. of the information already provided to average because weight averaging the 32. Preferential Land-Use Charges for gather information on whether the rates of the mandatory respondents risks Newly-Established, Industrial Projects owners are officials of a village disclosure of proprietary information. in Zhongshan’s Industrial Zones. committee or other village-level For the non-selected respondents 33. Reduction of Land Price at the government entity and to seek which did not respond to our requests Township Level for Newly-Established, information regarding the individual for Q&V information (i.e., Jiangsu Weixi Industrial Projects in Zhongshan’s owners status as Communist Party of and Asia Pacific CIS), we are applying Industrial Zones. China (‘‘CCP’’) officials directly from the an AFA rate, as described above. 34. Reduction in Urban Infrastructure CCP or, alternatively, why the GOC We preliminarily find the net subsidy Fee for Industrial Enterprises in cannot obtain or request this rate for the producers/exporters under Industrial Zones. information from the CCP. review to be as follows:

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Net subsidy rate Producer/Exporter (percent)

Guangdong Wireking Housewares & Hardware Co., Ltd ...... 2.16 New King Shan (Zhu Hai) Co., Ltd ...... 2.89 Leader Metal Industry Co., Ltd. (aka Marmon Retail Services Asia) ...... 2.53 Hangzhou Dunli Import and Export Co., Ltd/Hangzhou Dunli Industry Co., Ltd ...... 2.53 Hengtong Hardware Manufacturing (Huizhou) Co., Ltd ...... 2.53 Jiangsu Weixi Group Co...... 239.33 Asia Pacific CIS (Wuxi) Co., Ltd ...... 239.33

Assessment Rates requirements, when imposed, shall workshop will provide information on If these preliminary results are remain in effect until further notice. the U.S. Government (USG) Cloud Computing Technology Roadmap adopted in our final results of this Public Comment review, the Department intends to issue initiative. This workshop will also Interested parties may submit written appropriate assessment instructions (as provide an updated status on NIST arguments in case briefs within 30 days described below) directly to CBP 15 efforts to help develop open standards of the date of publication of this notice. days after publication of the final results in interoperability, portability and Rebuttal briefs, limited to issues raised of this review. security in cloud computing. This event in case briefs, may be filed not later than is open to the public. In addition, NIST Oven Racks five days after the date of filing the case invites organizations to participate as For certain oven racks from the PRC briefs. Parties who submit briefs in this Exhibitors as described in the entered, or withdrawn from warehouse proceeding should provide a summary SUPPLEMENTARY INFORMATION section for consumption from September 9, of the arguments not to exceed five below. pages and a table of statutes, 2009, through December 31, 2009, the DATES: The Cloud Computing Forum & regulations, and cases cited. Copies of Department will instruct CBP to assess Workshop IV will be held November 2, case briefs and rebuttal briefs must be countervailing duties at the rates 3, and 4, 2011. served on interested parties in applicable to each company shown ADDRESSES: On the first and second day above and to liquidate such entries. accordance with 19 CFR 351.303(f). In accordance with 19 CFR of the event, November 2 & 3, panel Entries of certain oven racks occurring discussions will be held at the National before September 9, 2009, were already 351.310(c), interested parties may request a hearing within 30 days after Institute of Standards and Technology, liquidated at the time of the CVD order 100 Bureau Drive, Gaithersburg, MD due to the ITC’s finding of threat of the date of publication of this notice. Unless otherwise specified, the hearing, 20899 in the Red Auditorium of the material injury on certain oven racks. Administration Building, Building 101. See CVD Order, 74 FR at 46974–75. if requested, will be held two days after the scheduled date for submission of The third day, November 4, will feature Refrigeration Shelving rebuttal briefs. workshops held at the Crown Plaza, 3 Research Court, Rockville, MD 20850. For certain refrigeration shelving from Pursuant to section 751(a)(3)(A) of the Please note admittance instructions the PRC entered, or withdrawn from Act, the Department will publish a under the SUPPLEMENTARY INFORMATION warehouse, for consumption from notice of the final results of this section of this notice. January 7, 2009, through May 6, 2009, administrative review within 120 days and September 9, 2009, through from the publication of these FOR FURTHER INFORMATION CONTACT: To December 31, 2009, the Department will preliminary results. submit a response to this request for instruct CBP to assess countervailing We are issuing and publishing these exhibitors, and for further information duties at the rates applicable to each results in accordance with sections contact Romayne Hines by e-mail at company shown above and to liquidate 751(a)(1) and 777(i)(1) of the Act. [email protected] or by phone at such entries. Entries of certain Dated: September 30, 2011. (301) 975–4500. refrigeration shelving occurring during Ronald K. Lorentzen, SUPPLEMENTARY INFORMATION: NIST the period May 7, 2009, through Deputy Assistant Secretary for Import hosted three prior Cloud Computing September 8, 2009, were not suspended Administration. Forum & Workshop events in May 2010, for CVD purposes due to the termination [FR Doc. 2011–26013 Filed 10–6–11; 8:45 am] November 2010, and April 2011. The of provisional measures. See CVD BILLING CODE 3510–DS–P purpose of these workshops was to Order, 74 FR at 46974–75. respond to the request of the Federal Chief Information Officer to NIST to Cash Deposit Instructions DEPARTMENT OF COMMERCE lead federal efforts on standards for data The Department also intends to portability, cloud interoperability, and instruct CBP to collect cash deposits of National Institute of Standards and security. The workshops’ goals were to estimated countervailing duties in the Technology initiate engagement with industry to amounts shown above. For all non- accelerate the development of cloud reviewed firms, we will instruct CBP to Notice of Public Meeting—Cloud standards for interoperability, continue to collect cash deposits of Computing Forum & Workshop IV portability, and security; discuss the estimated countervailing duties at the AGENCY: National Institute of Standards Federal Government’s experience with most recent company-specific or all- and Technology (NIST), Commerce. cloud computing, report on the status of others rate applicable to the company. ACTION: Notice. the NIST Cloud Computing efforts, These rates shall apply to all non- launch and report progress on the NIST reviewed companies until a review of a SUMMARY: NIST announces the Cloud led initiative to collaboratively develop company assigned these rates is Computing Forum & Workshop IV to be a USG Cloud Computing Technology requested. These cash deposit held on November 2, 3 and 4, 2011. This Roadmap among multiple federal and

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industrial stakeholders, and to advance public and other Federal agencies to generally not available from these a dialogue between these groups. take this opportunity to comment on existing data sources and thus must be NIST invites members of the public, proposed and/or continuing information collected directly from the industry especially cloud computing community collections, as required by the through voluntary survey efforts. stakeholders to participate in this event Paperwork Reduction Act of 1995. In order to address this information as exhibitors. On November 2 and 3, DATES: Written comments must be gap, NMFS’ Alaska Fisheries Science 2011, space will be available for NIST submitted on or before December 6, Center proposes to conduct a survey of would like to invite 30 academic, 2011. charter vessel owners to collect annual industry, and standards developing cost and earnings data that will ADDRESSES: Direct all written comments organizations to exhibit their respective to Diana Hynek, Departmental supplement logbook data collected by cloud computing work at a Paperwork Clearance Officer, ADF&G. The proposed data collection demonstration booth or table which is Department of Commerce, Room 6616, will provide basic economic co-located with the event. Interested 14th and Constitution Avenue, NW., information about the charter sector, organizations should contact Romayne Washington, DC 20230 (or via the including revenues produced from Hines by e-mail at Internet at [email protected]). different products and services provided [email protected] or by phone at to clients, fixed and variable operating FOR FURTHER INFORMATION CONTACT: (301) 975–4500. Exhibitors will be costs and locations of purchases. These Requests for additional information or accepted in the order in which their data will support improved analysis and copies of the information collection responses are received. The first 30 of the effects of fisheries regulations on instrument and instructions should be organizations which respond will be the charter fishing industry, information directed to Amber Himes-Cornell, (206) accepted. Responses must be submitted 526–4221, or [email protected]. that is increasingly needed by the by an authorized representative of the Council and NMFS to deal with ongoing SUPPLEMENTARY INFORMATION: organization. Logistics information will halibut resource issues and other fishery be provided to accepted exhibitors. I. Abstract management issues involving the NIST will provide the exhibit location Numerous management measures charter industry. space and one work table free of charge. have recently been proposed or II. Method of Collection Exhibitors are responsible for the cost of implemented that affect recreational The method of data collection will be the exhibit, including staffing and charter boat fishing for Pacific halibut a survey of charter vessel owners materials. NIST reserves the right to off Alaska. On January 5, 2010, the implemented through a mailed exercise its judgment in the placement National Marine Fisheries Service questionnaire. of exhibits. General building security is (NMFS) issued a final rule establishing supplied; however, exhibitors are a limited entry permit system for charter III. Data responsible for transporting and vessels in the guided halibut sport OMB Control Number: None. securing exhibit equipment and fishery in International Pacific Halibut materials. Form Number: None. Commission Areas 2C (Southeast Type of Review: Regular submission All visitors to the NIST site are Alaska) and 3A (Central Gulf of Alaska) required to pre-register to be admitted (request for a new information (75FR554). This permit system is collection). and have appropriate government- intended to address concerns about the issued photo ID to gain entry to NIST. Affected Public: Individuals or growth of fishing capacity in this fishery households; business or other for-profit Anyone wishing to attend this meeting sector, which accounts for a substantial must register at http://www.nist.gov/itl/ organizations. portion of the overall recreational Estimated Number of Respondents: cloud/cloudworkshopiv.cfm by close of halibut catch in Alaska. On March 16, business Wednesday, October 26, 2011. 1,200. 2011, a size limit on Pacific halibut Estimated Time per Response: 60 Dated: October 4, 2011. caught while charter boat fishing for the minutes. Willie E. May, 2011 fishing season was established Estimated Total Annual Burden Associate Director for Laboratory Programs. (76FR14300). In addition, on July 22, Hours: 1,200. [FR Doc. 2011–26024 Filed 10–6–11; 8:45 am] 2011, a Halibut Catch Sharing Plan Estimated Total Annual Cost to BILLING CODE 3510–13–P (76FR44156) was proposed that would Public: $0 in recordkeeping/reporting alter the way Pacific halibut is allocated costs. between the guided sport (i.e., the DEPARTMENT OF COMMERCE charter sector) and the commercial IV. Request for Comments halibut fishery. Comments are invited on: (a) Whether National Oceanic and Atmospheric To assess the effect of regulatory the proposed collection of information Administration restrictions (currently in place or is necessary for the proper performance potential) on charter operator and owner of the functions of the agency, including Proposed Information Collection; behavior and welfare, it is necessary to whether the information shall have Comment Request; Alaska obtain a better general understanding of practical utility; (b) the accuracy of the Recreational Charter Vessel Guide and the Alaska recreational charter boat agency’s estimate of the burden Owner Data Collection industry. Some information useful for (including hours and cost) of the AGENCY: National Oceanic and this purpose is already collected from proposed collection of information; (c) Atmospheric Administration (NOAA), existing sources, such as charter vessel ways to enhance the quality, utility, and Commerce. logbooks administered by Alaska clarity of the information to be ACTION: Notice. Department of Fish and Game (ADF&G). collected; and (d) ways to minimize the However, information on vessel and burden of the collection of information SUMMARY: The Department of crew characteristics, services offered to on respondents, including through the Commerce, as part of its continuing clients, spatial and temporal aspects of use of automated collection techniques effort to reduce paperwork and their operations and fishing behavior, or other forms of information respondent burden, invites the general and costs and earnings information are technology.

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Comments submitted in response to On May 9, 2011, we received a be warranted, section 4(b)(3)(A) of the this notice will be summarized and/or petition from Dr. Richard Gierak ESA (16 U.S.C. 1533(b)(3)(A)) requires included in the request for OMB requesting that we delist coho salmon the Secretary to conduct a status review approval of this information collection; under the ESA. We also received two of the species. they also will become a matter of public similar petitions from the Siskiyou The ESA defines an ‘‘endangered record. County Water Users Association on June species’’ as ‘‘any species which is in danger of extinction throughout all or a Dated: October 4, 2011. 9 and June 28, 2011, requesting that we delist coho salmon. The June 28 petition significant portion of its range’’ (16 Gwellnar Banks, cites Dr. Gierak as a preparer. Both the U.S.C. 1532(6)). A ‘‘threatened species’’ Management Analyst, Office of the Chief June 9th and June 28th petitions include is defined as ‘‘any species which is Information Officer. text that is the same as some of the text likely to become an endangered species [FR Doc. 2011–25966 Filed 10–6–11; 8:45 am] in the May 9th petition. Because we within the foreseeable future throughout BILLING CODE 3510–22–P received three petitions that requested all or a significant portion of its range’’ the same action within a short period of (16 U.S.C. 1532(20)). Under section time, we are considering all three 4(a)(1) of the ESA (16 U.S.C. 1533(a)(1)), DEPARTMENT OF COMMERCE petitions jointly in making our 90-day a species may be determined to be National Oceanic and Atmospheric finding. threatened or endangered as a result of Administration any of the following factors: (1) The ESA Statutory and Regulatory present or threatened destruction, Provisions and Evaluation Framework [Docket No. 110921597–1591–01] modification, or curtailment of its Section 4(b)(3)(A) of the ESA (16 habitat or range; (2) over-utilization for RIN 0648–XA636 U.S.C. 1533(b)(3)(A)) requires that we commercial, recreational, scientific, or make a finding as to whether a petition Endangered and Threatened Species; educational purposes; (3) disease or to list, delist, or reclassify a species 90-Day Finding on Petitions To Delist predation; (4) the inadequacy of existing presents substantial scientific or Coho Salmon Under the Endangered regulatory mechanisms; or (5) other commercial information indicating the natural or manmade factors affecting its Species Act petitioned action may be warranted. continued existence. Regulations AGENCY: National Marine Fisheries ESA implementing regulations define implementing the ESA instruct us to Service (NMFS), National Oceanic and ‘‘substantial information’’ as the consider these same factors when Atmospheric Administration (NOAA), ‘‘amount of information that would lead determining whether to delist a species, Commerce. a reasonable person to believe the a subspecies, or a distinct population measure proposed in the petition may ACTION: Notice of 90-day petition segment (including Evolutionarily be warranted’’ (50 CFR 424.14(b)(1)). In finding. Significant Units (ESUs)) (50 CFR determining whether a petition presents 424.11(d)). Listing determinations are SUMMARY: We, NMFS, announce a 90- substantial scientific or commercial made solely on the basis of the best day finding on three petitions to delist information to list or delist a species, we scientific and commercial data coho salmon (Oncorhynchus kisutch) take into account information submitted available, after conducting a review of under the Endangered Species Act with, and referenced in, the petition and the status of the species, and taking into (ESA). We find that the petitions do not all other information readily available in account efforts made by any state or present substantial scientific or our files. To the maximum extent foreign nation to protect such species. In commercial information indicating that practicable, this finding is to be made addition to considering the factors listed the petitioned action may be warranted. within 90 days of the receipt of the above, the ESA implementing petition, and the finding is to be ADDRESSES: Copies of the petitions and regulations state that a species may be published promptly in the Federal related materials are available upon delisted only if such data substantiate Register (16 U.S.C. 1533(b)(3)(A)). In request from the Assistant Regional that it is neither endangered nor evaluating a petition and making a 90- Administrator, Protected Resources threatened for one or more of the day finding, our regulations require that Division, NMFS, Southwest Regional following reasons: the species is extinct; we consider whether the petition: (1) the species is recovered; or subsequent Office, 501 West Ocean Blvd., Suite Clearly indicates the administrative 4200, Long Beach, CA 90802. investigations show the best scientific or measure recommended and gives the commercial data available when the FOR FURTHER INFORMATION CONTACT: scientific and any common name of the species was listed, or the interpretation Rosalie del Rosario, NMFS, Southwest species involved; (2) contains detailed of such data, were in error (50 CFR Region Office, (562) 980–4085; or narrative justification for the 424.11(d)). Dwayne Meadows and Kristy Beard, recommended measure, describing, NMFS, Office of Protected Resources, based on available information, past and Analysis of the Petitions (301) 427–8403. present numbers and distribution of the The contents of the three petitions are SUPPLEMENTARY INFORMATION: species involved and any threats faced largely similar and our analysis is based by the species; (3) provides information on a consideration of the four regulatory Background regarding the status of the species over criteria for the minimum requirements Section 4 of the ESA (16 U.S.C. 1533) all or a significant portion of its range; for determining whether a petition contains provisions allowing interested and (4) is accompanied by the presents substantial scientific or persons to petition the Secretary of appropriate supporting documentation commercial information indicating that Commerce (Secretary) to add a species in the form of bibliographic references, the petitioned action may be warranted to, or remove a species from, the List of reprints of pertinent publications, (50 CFR 424.14(b)). Our analysis of the Endangered and Threatened Wildlife copies of reports or letters from petitions with regard to these criteria is and to designate critical habitat. The authorities, and maps (50 CFR as follows: Secretary has delegated the authority for 424.14(b)(2)). If we find that a petition (1) The petitions do not clearly these actions to the NOAA Assistant presents substantial information indicate the administrative measure Administrator for Fisheries. indicating that the requested action may recommended, and contain

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inconsistencies and errors in the NMFS did not properly consider the minutes of said meeting for us to administrative measure being hatchery origin coho salmon in listing evaluate and the quotes themselves do recommended (see 50 CFR the SONCC coho salmon ESU. However, not provide scientific or anecdotal 424.14(b)(2)(i)). In all three petitions, the information is not presented or information on presence of coho salmon the title and a section entitled synthesized in a manner to indicate the in the Klamath River Basin. The quotes ‘‘Statement identifying the taxon’’ refer petitioned action may be warranted that the petitioners provided from the to the entire species of coho salmon; the because of any of the criteria described 2002 California Department of Fish and petitions focus much discussion on in 50 CFR 424.11(c) and (d) (see 50 CFR Game report, taken from the 1913 coho salmon in the Klamath River, yet 424.14(b)(2)(ii)). In fact, the petitioners California Fish and Game Commission also variously discuss information about describe a number of current threats to report, are taken out of context. The coho salmon in other parts of California coho salmon that negatively affect the 2002 report actually concludes the and throughout the Western United status of the species. The petitioners’ opposite of the petitioners: that coho States. It is unclear whether the argument that extinction is unavoidable salmon are native to the upper Klamath petitioners recognize that coho salmon is not a consideration in delisting River system, and historically occurred in the Klamath River basin are part of decisions under the ESA or our the larger Southern Oregon/Northern implementing regulations. The there prior to hatchery stocking. The California Coast (SONCC) coho salmon petitioners’ arguments that we did not petitioners’ arguments regarding coho ESU, which is listed as threatened (70 properly consider hatchery origin coho salmon not being native to other parts FR 37160; June 28, 2005), and that there salmon in listing the SONCC coho of California, specifically south of San are three other ESUs of coho salmon on salmon ESU are incorrect as we Francisco, were addressed in our 12- the west coast that are listed as addressed these issues in a final rule month finding and associated status threatened or endangered under the issued on June 28, 2005 (70 FR 37160). review regarding the endangered Central ESA. The SONCC coho salmon ESU In that final rule, we concluded that the California Coast ESU of coho salmon (76 includes all naturally spawned SONCC coho salmon ESU includes the FR 6383; February 4, 2011). Based on populations of coho salmon in coastal three above mentioned artificial this analysis, these petitions fail to streams between Cape Blanco, Oregon, propagation programs because the provide substantial scientific or and Punta Gorda, California, and coho available information indicated they commercial information that even this salmon in three artificial propagation were no more than slightly divergent limited claim may be warranted under programs: the Cole Rivers Hatchery from natural populations in their the ESA. (ODFW stock #52), Trinity River respective watersheds. In making these (3) The presentation of information Hatchery, and Iron Gate Hatchery coho determinations, we applied our ‘‘Policy does not provide information regarding hatchery programs (70 FR 37160; June on the Consideration of Hatchery-Origin the status of listed coho salmon over all 28, 2005). It is thus also unclear whether Fish in Endangered Species Act Listing or a significant portion of their range, the petitioners are requesting that we Determinations for Pacific Salmon and delist the portion of the SONCC coho Steelhead’’ (70 FR 37204; June 28, except as specifically discussed above salmon ESU that is in the Klamath River 2005). regarding the claim that coho salmon are not native to the Klamath River basin, delist the entire SONCC coho One particular claim of the petitions basin or to various other parts of salmon ESU, or delist coho salmon from deserves additional consideration here. California (see 50 CFR 424.14(b)(2)(iii)). one or more additional ESUs throughout The petitions all make the claim that some wider area. In addition, the coho salmon are not native to the Again this is true no matter what ESU petitions request removing the listing of Klamath River basin or to various other or ESUs the petitioners intended to coho salmon under the California parts of California. For the Klamath request we delist. Endangered Species Act, which we have River Basin, they cite the Karuk Tribal (4) Although the petitioners cite some no authority to do, and removing the Council meeting from 2001 and published reports and provide links to proposed Federal ESA listing of coho California Fish and Game documents some supporting documentation, some salmon, even though the listing of the from 1913 and 2002. For other parts of of the citations to referenced materials SONCC coho salmon ESU is final and California, specifically south of San are incomplete (see 50 CFR not proposed (nor is there any other Francisco, they cite a variety of 424.14(b)(2)(iv)). proposed listing of coho salmon by references. They have a narrative NMFS at the current time). justification for this claim that discusses Petition Finding (2) The petitions do not contain the status of coho salmon in the relevant After reviewing all three petitions, as detailed narrative justifications for the areas and include the references well as information readily available in recommended measure of delisting, described above. Although the our files, we have determined that the except as specifically discussed below petitioners do not specifically cite the regarding the claim that coho salmon portion of our regulations dealing with petitions do not present substantial are not native to the Klamath River an error at the original time of listing, scientific or commercial information basin or to various other parts of which would be a factor for indicating the petitioned action may be California. This is true regardless of consideration of delisting (see 50 CFR warranted. what ESU or ESUs the petitioners might 424.11(d)), we nevertheless consider the Authority: 16 U.S.C. 1531 et seq. have intended to request we delist. The information they present on this claim. Dated: October 3, 2011. petitions generally argue the extinction Here we evaluate whether the of coho is unavoidable due to a variety information provided by the petitioners Samuel D. Rauch III, of threats, the decline of ‘‘coho can be presents substantial scientific or Deputy Assistant Administrator for directly attributed to Nature’s whim,’’ commercial information that this claim Regulatory Programs, National Marine the Marine Mammal Protection Act is may be warranted. The petitioners cite Fisheries Service. one of the major human activities a Web site as the source of the quotes [FR Doc. 2011–26017 Filed 10–6–11; 8:45 am] destroying the coho population through provided from the Karuk Tribal Council BILLING CODE 3510–22–P allowing increased predation, and meeting. The Web site does not contain

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DEPARTMENT OF COMMERCE SSC Meeting Schedule online at http://www.nmfs.noaa.gov/ November 8, 2011, 9 a.m.–6 p.m. ocs/mafac/. National Oceanic and Atmospheric November 9, 2011, 9 a.m.–6 p.m. Matters To Be Considered Administration November 10, 2011, 9 a.m.–3 p.m. This agenda is subject to change. RIN 0648–XA708 Special Accommodations The meeting is convened to hear These meetings are physically presentations and discuss policies and Fisheries of the South Atlantic and accessible to people with disabilities. guidance on the following topics: NMFS Gulf of Mexico; South Atlantic Fishery Requests for sign language habitat blueprint, blue carbon Management Council; Public Meeting; interpretation or other auxiliary aids initiatives, climate adaptation, NOAA Correction should be directed to the Council office Caribbean strategy, recreational fisheries (see ADDRESSES) at least 3 business days regional action plans, and AGENCY: National Marine Fisheries prior to the meeting. implementation of the Commerce and Service (NMFS), National Oceanic and NOAA national aquaculture policies. Atmospheric Administration (NOAA), Dated: October 4, 2011. Updates will be presented on National Commerce. Tracey L. Thompson, Ocean Policy implementation, coastal ACTION: Addendum to the previous Acting Director, Office of Sustainable and marine spatial planning, and use of notice of South Atlantic Fishery Fisheries, National Marine Fisheries Service. the Multipurpose Marine Cadastre; Management Council’s Scientific and [FR Doc. 2011–26042 Filed 10–6–11; 8:45 am] NOAA budgets; and outlooks for 2012 Statistical Committee (SSC) meeting. BILLING CODE 3510–22–P regulatory and science activities. The meeting will include discussion of SUMMARY: This notice amends an earlier various MAFAC administrative and notice for the meeting. The SAFMC is DEPARTMENT OF COMMERCE organizational matters and meetings of adding an agenda item to consider the standing subcommittees. wreckfish stock status and fishing level National Oceanic and Atmospheric recommendations to the November 8–10 Administration Special Accommodations SSC meeting. The meeting will be held RIN 0648–XA755 These meetings are physically in Charleston, SC. See SUPPLEMENTARY accessible to people with disabilities. INFORMATION. Marine Fisheries Advisory Committee Requests for sign language Meeting DATES: The meeting will be held interpretation or other auxiliary aids should be directed to Mark Holliday, November 8–10, 2011. See AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION. Service (NMFS), National Oceanic and MAFAC Executive Director; 301–427– 8004 by October 14, 2011. ADDRESSES: The meeting will be held at Atmospheric Administration (NOAA), the Hampton Inn, 678 Citadel Haven Commerce. Dated: October 4, 2011. Drive, Charleston, SC 29414; telephone: ACTION: Notice of open public meeting. Samuel D. Rauch III, (843) 573–1200. Deputy Assistant Administrator for SUMMARY: This notice sets forth the Regulatory Programs, National Marine FOR FURTHER INFORMATION CONTACT: Kim schedule and proposed agenda of a Fisheries Service. Iverson, Public Information Officer, forthcoming meeting of the Marine 4055 Faber Place Drive, Suite 201, North [FR Doc. 2011–26020 Filed 10–6–11; 8:45 am] Fisheries Advisory Committee BILLING CODE 3510–22–P Charleston, SC 29405; telephone: (843) (MAFAC). The members will discuss 571–4366; e-mail: and provide advice on issues outlined [email protected]. under SUPPLEMENTARY INFORMATION DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The below. National Oceanic and Atmospheric original noticed published in the DATES: The meeting will be held Administration Federal Register on September 19, 2011 October 25–27, 2011, from 8:30 a.m. to (76 FR 57958). 5 p.m. RIN 0648–XA750 Under the Magnuson-Stevens ADDRESSES: The meeting will be held at Reauthorized Act, the SSC is the body the Hyatt Regency on Capitol Hill, 400 Pacific Fishery Management Council; responsible for reviewing the Council’s New Jersey Avenue, NW., Washington, Public Meeting scientific materials. An earlier FRN DC 20001; 202–737–1234. indicated that the SSC will discuss AGENCY: National Marine Fisheries fishery management plan (FMP) FOR FURTHER INFORMATION CONTACT: Service (NMFS), National Oceanic and amendments under development, Mark Holliday, MAFAC Executive Atmospheric Administration (NOAA), assessments of black sea bass and Director; (301) 427–8004; e-mail: Commerce. tilefish, review advancements in ABC [email protected]. ACTION: Notice of public meeting control rule development, review SUPPLEMENTARY INFORMATION: As (conference call). planning information for assessments of required by section 10(a)(2) of the Spanish mackerel and cobia to be Federal Advisory Committee Act, 5 SUMMARY: The Pacific Fishery developed in 2013, and discuss the U.S.C. App. 2, notice is hereby given of Management Council (Pacific Council) findings of the National SSC workshop. a meeting of MAFAC. The MAFAC was Trawl Rationalization Regulatory In addition to these topics, the SSC will established by the Secretary of Review Committee (TRREC) will also be asked to review additional Commerce (Secretary), and, since 1971, convene a meeting that is open to the information on the status of South advises the Secretary on all living public. Atlantic wreckfish, and consider marine resource matters that are the ADDRESSES: The meeting will be held at modifying Overfishing Levels (OFL) and responsibility of the Department of the Embassy Suites Portland Airport, Acceptable Biological Catch (ABC) Commerce. The complete charter and 7900 NE. 82nd Avenue, Portland, OR recommendations if warranted. summaries of prior meetings are located 97220; telephone: (503) 460–3000.

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DATES: The meeting will be held Atmospheric Administration (NOAA), requirements pertaining to the Thursday, October 27, from 8 a.m. until Commerce. mitigation, monitoring and reporting of business for the day is completed. ACTION: Notice; issuance of an incidental such takings are set forth. NMFS has FOR FURTHER INFORMATION CONTACT: Jim harassment authorization. defined ‘‘negligible impact’’ in 50 CFR Seger, Staff Officer; telephone: (503) 216.103 as ‘‘* * * an impact resulting SUMMARY: 820–2280. In accordance with the from the specified activity that cannot Marine Mammal Protection Act be reasonably expected to, and is not SUPPLEMENTARY INFORMATION: The (MMPA) regulations, notification is reasonably likely to, adversely affect the primary purpose of the meeting is to hereby given that NMFS has issued an species or stock through effects on review regulations (a) making it Incidental Harassment Authorization annual rates of recruitment or survival.’’ permissible to stack both a limited entry (IHA) to the U.S. Air Force (USAF), Section 101(a)(5)(D) of the MMPA trawl and fixed gear permit on a single Eglin Air Force Base (Eglin AFB), to take established an expedited process by vessel at the same time, (b) modifying marine mammals, by harassment, which citizens of the U.S. can apply for the season opening date for whiting, (c) incidental to conducting air-to-surface an authorization to incidentally take allowing vessels to carry multiple gears (A–S) gunnery missions in the Gulf of small numbers of marine mammals by at the same time, and (d) modification Mexico (GOM). The USAF’s activities harassment. Section 101(a)(5)(D) of several identified trawl gear are considered military readiness establishes a 45-day time limit for regulations that impair increased activities. NMFS review of an application efficiency and selectivity. As a followed by a 30-day public notice and secondary priority, the TRREC may DATES: Effective September 26, 2011, through September 25, 2012. comment period on any proposed focus on other regulations made authorizations for the incidental ADDRESSES: A copy of the authorization, obsolete by implementation of the new harassment of marine mammals. Within trawl rationalization program in 2011. the application containing a list of the references used in this document, and 45 days of the close of the comment Although non-emergency issues not period, NMFS must either issue or deny contained in the meeting agenda may NMFS’ 2008 Environmental Assessment (EA) and Finding of No Significant the authorization. come before the TRREC for discussion, The National Defense Authorization Impact (FONSI) may be obtained by those issues may not be the subject of Act (NDAA) (Pub. L. 108–136) removed writing to Michael Payne, Chief, formal action during this meeting. the ‘‘small numbers’’ and ‘‘specified Permits, Conservation and Education TRREC action will be restricted to those geographical region’’ provisions and Division, Office of Protected Resources, issues specifically listed in this notice amended the definition of ‘‘harassment’’ National Marine Fisheries Service, 1315 and any issues arising after publication as it applies to a ‘‘military readiness East-West Highway, Silver Spring, MD of this notice that require emergency activity’’ to read as follows (Section 20910–3225, telephoning the contact action under Section 305(c) of the 3(18)(B) of the MMPA): listed below (see FOR FURTHER Magnuson-Stevens Fishery (i) Any act that injures or has the INFORMATION CONTACT), or visiting the Conservation and Management Act, significant potential to injure a marine provided the public has been notified of Internet at: http://www.nmfs.noaa.gov/ mammal or marine mammal stock in the wild the TRREC intent to take final action to pr/permits/incidental.htm. Documents [Level A Harassment]; or (ii) Any act that address the emergency. cited in this notice may also be viewed, disturbs or is likely to disturb a marine by appointment, during regular business mammal or marine mammal stock in the wild Special Accommodations hours, at the aforementioned address. by causing disruption of natural behavioral This meeting is accessible to people FOR FURTHER INFORMATION CONTACT: patterns, including, but not limited to, migration, surfacing, nursing, breeding, with disabilities. Requests for sign Brian D. Hopper or Candace Nachman, feeding, or sheltering, to a point where such language interpretation or other Office of Protected Resources, NMFS, behavioral patterns are abandoned or auxiliary aids should be directed to Mr. (301) 427–8401. significantly altered [Level B Harassment]. Kris Kleinschmidt at (503) 820–2280 at SUPPLEMENTARY INFORMATION: least 5 days prior to the meeting date. Summary of Request Background Dated: October 3, 2011. NMFS originally received an Sections 101(a)(5)(A) and (D) of the application on February 13, 2003, from Tracey L. Thompson, MMPA (16 U.S.C. 1361 et seq.) direct Eglin AFB for the taking, by harassment, Acting Director, Office of Sustainable the Secretary of Commerce to allow, of marine mammals incidental to Fisheries, National Marine Fisheries Service. upon request, the incidental, but not programmatic mission activities within [FR Doc. 2011–25935 Filed 10–6–11; 8:45 am] intentional, taking of small numbers of the Eglin Gulf Test and Training Range BILLING CODE 3510–22–P marine mammals by U.S. citizens who (EGTTR). The EGTTR is described as the engage in a specified activity (other than airspace over the GOM that is controlled DEPARTMENT OF COMMERCE commercial fishing) within a specified by Eglin AFB. A notice of receipt of geographical region if certain findings Eglin AFB’s application and Notice of National Oceanic and Atmospheric are made and either regulations are Proposed IHA and request for 30-day Administration issued or, if the taking is limited to public comment published on January harassment, a notice of a proposed 23, 2006 (71 FR 3474). A 1-year IHA was authorization is provided to the public subsequently issued to Eglin AFB for RIN 0648–XA471 for review. this activity on May 3, 2006 (71 FR Takes of Marine Mammals Incidental to Authorization for incidental takings 27695, May 12, 2006). Specified Activities; Taking Marine shall be granted if NMFS finds that the On January 29, 2007, NMFS received Mammals Incidental to Conducting Air- taking will have a negligible impact on a request from Eglin AFB for a renewal to-Surface Gunnery Missions in the the species or stock(s), will not have an of its 2006–2007 IHA, which expired on Gulf of Mexico unmitigable adverse impact on the May 2, 2007. This application availability of the species or stock(s) for addendum requested revisions to three AGENCY: National Marine Fisheries subsistence uses (where relevant), and if components of the IHA requirements: Service (NMFS), National Oceanic and the permissible methods of taking and protected species surveys; ramp-up

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procedures; and sea state restrictions. A Description of the Specified Activity Proposed IHA (76 FR 43267, July 20, Notice of Proposed IHA and request for A–S gunnery missions, a ‘‘military 2011). No changes have been made to 30-day public comment published on readiness activity’’ as defined under 16 the proposed activities. May 30, 2007 (72 FR 29974). A 1-year U.S.C. 703 note, involve surface impacts Comments and Responses IHA was subsequently issued to Eglin of projectiles and small underwater AFB for this activity on December 11, A notice of receipt of Eglin AFB’s detonations with the potential to affect application and NMFS’ proposal to 2008 (73 FR 78318, December 22, 2008). cetaceans that may occur within the On February 17, 2009, NMFS received issue an IHA to the USAF, Eglin AFB, EGTTR. These missions typically a request from Eglin AFB for a renewal published in the Federal Register on involve the use of 25-mm (0.98-in), 40- of its 2008–2009 IHA, which expired on July 20, 2011 (76 FR 43267). During the mm (1.57-in), and 105-mm (4.13-in) December 10, 2009. No modifications to 30-day public comment period, NMFS gunnery rounds containing, 0.0662 lb the activity location, the mission only received comments from the (30 g), 0.865 lb (392 g), and 4.7 lbs (2.1 activities, or the mitigation and Marine Mammal Commission (MMC). kg) of explosive, respectively. Live monitoring measures required under the Following are the comments from the rounds must be used to produce a 2008–2009 IHA were requested by Eglin MMC and NMFS’ responses. visible surface splash that must be used AFB at that time. A notice of proposed Comment 1: The MMC recommends IHA with a 30-day public comment to ‘‘score’’ the round (the impact of inert that NMFS withhold issuing the IHA period published on October 19, 2009 rounds on the sea surface would not be until the Air Force has provided a clear, (74 FR 53474). A 1-year IHA was detected). The USAF has developed a step-by-step description of how it subsequently issued to Eglin AFB for 105-mm training round (TR) that estimated the zones of exposure and this activity on January 27, 2010 (75 FR contains less than 10 percent of the associated number of takes for the 5045, February 1, 2010), which expired amount of explosive material (0.35 lb; sound exposure level thresholds, on January 26, 2011. 0.16 kg) as compared to the ‘‘Full-Up’’ accounting for the multiple types and On May 16, 2011, NMFS received a (FU) 105-mm (4.13 in) round. The TR quantities of rounds to be used for request from Eglin AFB for a renewal of was developed as one method to representative missions. its IHA, which expired on January 26, mitigate effects on marine life during Response: NMFS does not agree with 2011. The IHA application NMFS nighttime A–S gunnery exercises when the MMC that the IHA should not be received on May 16, 2011, is the one visibility at the water surface is poor. issued until additional information considered by NMFS for the current However, the TR cannot be used in the regarding the zones of exposure and request. Eglin AFB has not had coverage daytime since the amount of explosive number of takes can be provided. The for these activities since the expiration material is insufficient to be detected methodology and analytical approach of the IHA on January 16, 2011; from the aircraft. for determining the exposure zones and however, Eglin AFB has not conducted Water ranges within the EGTTR that estimating the number of marine these activities during the period are typically used for the gunnery mammal takes was fully explained in without MMPA coverage and has waited operations are located in the GOM the 2011 IHA application, 2011 IHA to resume these training missions until offshore from the Florida Panhandle Notice of Proposed IHA (76 FR 43267, a new MMPA authorization could be (areas W–151A, W–151B, W–151C, and July 20, 2011), as well as in the previous issued by NMFS. W–151D as shown in Figure 1–2 in IHAs and supporting documents issued A–S gunnery operations may Eglin’s 2011 application). Data indicate for this activity. Readers should refer to potentially impact marine mammals at that W–151A (Figure 1–3 in Eglin’s those documents for additional or near the water surface. Marine application) is the most frequently used information, but a summary follows. mammals could potentially be harassed, water range due to its proximity to Three sources of information are injured, or killed by exploding and non- Hurlburt Field, but activities may occur necessary for estimating the potential exploding projectiles, and falling debris anywhere within the EGTTR. impacts of in-water noise from (USAF, 2002). However, based on Eglin AFB proposes to conduct these explosive detonations on marine analyses provided in the USAF’s 2002 mission activities year round during mammals: (1) The zone of influence, Final Programmatic EA (PEA), Eglin’s both daytime and nighttime hours. defined as the distance from the Supplemental Information Request Therefore, NMFS has made the IHA explosion to which a particular energy (2003), and NMFS’ 2008 EA, as well as effective for an entire year from (dB) or pressure (psi) threshold extends; for reasons discussed in the Notice of September 26, 2011, through September (2) the density of animals potentially Proposed IHA (76 FR 43267, July 20, 25, 2012. However, it should be noted occurring within the zone of influence; 2011) and later in this document, NMFS that the level of activity has been far and (3) the number of distinct firing concurs with Eglin AFB that gunnery lower over the past few years than that events. Table 6–1 in the 2011 IHA exercises are not likely to result in any predicted to be conducted by the USAF application provides the criteria and injury or mortality to marine mammals. and by NMFS in this document for two thresholds used for assessing potential Potential impacts resulting from A–S reasons. First, many of the training crew noise impacts to marine mammals and test operations include direct physical members have been engaged in other Table 6–2 provides the estimated range impacts (DPI) resulting from ordnance. activities in other parts of the world from the detonation point to which the Six marine mammal species or stocks recently. Second, land ranges are the various thresholds extend. Threshold are authorized for taking by Level B preferred method of live-fire training. ranges were calculated for two seasons harassment incidental to Eglin AFB’s Under the previous IHA, the USAF (summer and winter) and depth strata A–S activities and include: dwarf sperm crews did not use the water ranges due (80 m and 160 m) in order to reasonably whale (Kogia simus); pygmy sperm to the excellent availability of land bound the environmental conditions whale (K. breviceps); Atlantic bottlenose ranges. However, if at some point in the under which A–S gunnery activities dolphin (Tursiops truncatus); Atlantic future land ranges may become more may occur. As a conservative measure, spotted dolphin (Stenella frontalis); difficult to acquire, water ranges are the greatest range within each season pantropical spotted dolphin (S. needed to ensure that aircrews can be and depth strata were used to estimate attenuata); and spinner dolphin (S. fully trained. A detailed overview of the marine mammal takes. In addition, longirostris). activity was provided in the Notice of where dual criteria exist (e.g., pressure

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and energy thresholds for explosives), approximately 20 rounds per burst. energy. Visible light is not necessary for the criterion that resulted in the most Based on the size of the target area and object detection. This system is equally conservative estimate (i.e., largest small ‘‘miss’’ distance, all rounds in a effective during day or night use. For a amount of take) was used. Appendix A burst are expected to enter the water full explanation on the IDS system and of the 2011 IHA application provides a within 5 meters of the target. Therefore, its effectiveness, please refer to the 2008 more detailed explanation on how the pressure-related take calculations are IHA Notice of Issuance (73 FR 78318, ranges were calculated for the criteria based on the total number of rounds December 22, 2008), Eglin AFB’s 2007 and thresholds used in this analysis. fired per year divided by 20. Similarly, application addendum, or NMFS’ 2008 As discussed in section 3 of the 2011 for 25 mm rounds, missions typically EA (see ADDRESSES). These documents IHA application and in the 2011 IHA entail 560 rounds fired in bursts of 100 also describe the effectiveness of this Notice of Proposed IHA (76 FR 43267, rounds, and take calculations are based system at 6,000 ft (1,829 m) altitude, July 20, 2011), marine mammal on the number of rounds divided by which was a requested change by the densities were derived from the Navy 100. USAF due to safety concerns for OPAREA Density Estimates (NODE) for The firing protocol for 105 mm personnel if protected species surveys the GOMEX OPAREA report, and were rounds does not include bursts because were flown at lower altitudes. determined by either model-derived these rounds are fired in single shots Aircraft crew members are required to estimates or literature-derived estimates. with up to 30-second intervals between scan the testing area prior to the In order to address potential negative rounds, which results in approximately commencement of all A–S gunnery bias in the underlying survey results, two rounds per minute. Therefore, an mission activities, for which optical and Eglin AFB adjusted density estimates adjustment for burst quantity is not electronic sensors are required to be using marine mammal submergence applicable and pressure-related employed for target detection. If any factors. The density estimates for marine exposure calculations are performed marine mammals are detected within mammals occurring in the EGTTR are using all rounds expended. the AC–130’s orbit circle, either during provided in Table 3. Using this approach, Eglin AFB initial clearance or after commencement The final source of information estimated the number of marine of live firing, the mission will be required to conduct the analysis is the mammal takes using the adjusted immediately halted and relocated as number of distinct firing events from density estimates for each species, the necessary or suspended until the marine A–S gunnery missions. The method of zone of influence of each type of round mammal has left the area. If relocated to deriving the number of firing events deployed, and the total number of another target area, the clearance may differ for energy and pressure events per year. The results are procedures must be repeated. Based on metrics applied to explosive presented in Table 3. the analysis of effectiveness of the detonations. For energy metrics, the Comment 2: The MMC recommends observation systems, NMFS has number of firing events is synonymous that NMFS require performance testing determined that flying the pre-mission with the quantity of rounds expended of mitigation measures to assess their surveys at an altitude of 6,000 ft (1,829 because energy is proportional to the actual effectiveness at detecting marine m) is a sufficient altitude to detect the total charge weight. When utilizing mammals and minimizing takes. The presence of marine mammals. Since energy threshold metrics, the energy Navy is being asked to conduct similar gunnery mission activities will not released from multiple shots is evaluation programs, and doing so occur prior to the completion of these evaluated as an additive exposure and, seems essential if our collective surveys, it is safe to assume that any therefore, firing events must consider all approach to such matters is to be sighted marine mammals reported dead shots fired. Conversely, it is not considered science-based. would have died from a cause other necessarily appropriate to consider Response: Since the MMC did not than Eglin AFB’s A–S activities. pressure as additive when multiple make any specific recommendations Regarding the effectiveness of explosions occur simultaneously or over regarding the performance testing of differentiating between a live and a a very short time frame, and an mitigation measures to assess their dead marine mammal during post- alternative method for estimating the actual effectiveness at detecting marine mission protected species surveys, number of events for use in take mammals, NMFS is uncertain as to what unless there is significant physical calculations is applied. Typically, exactly it is the MMC is recommending damage, the operators/systems are not pressure-based thresholds are based on be done in this instance. Regarding the capable of determining between a non- the maximum level received by an evaluation programs being conducted by moving live animal and a dead animal animal in pounds per square inch (psi). the Navy, NMFS assumes that the MMC with no apparent physical damage. The method for estimating the is referring to the effectiveness of visual Typically, marine mammals do not number of firing events for 40 mm and observations by vessel-based marine exhibit the same levels of energy/heat 25 mm rounds, with respect to the mammal observers based on years of transfer back into the environment that pressure metric, is based on firing experience. The Navy’s evaluation is associated with land animals due to protocols. For example, these rounds are monitoring is in no way comparable to their insulating fat layers. However, the generally fired in bursts, with each burst the activities being conducted here by USAF has stated that they would be able lasting from 2 to 10 seconds. When the Eglin AFB. to see a wounded or recently killed average cetacean density and swim An addendum to the IHA application marine mammal on or near the surface speed of approximately 3 knots (1.5 m/ submitted by Eglin AFB in January 2007 that is bleeding externally or with sec) are taken into consideration, there explained in detail the advantages and significant open wounds, as this would is not enough time for new animals to improved effectiveness of using the provide a heat signature that can be enter the zone of influence within the Infrared Detection Sets (IDS) system detected quite well by the IDS system. time frame of a single burst. Therefore, over typical night-vision devices and Additionally, the size of the wound, marine mammals are only exposed to other visual observation systems. The time elapsed since the injury was the peak pressure of a single round per IDS system is capable of detecting incurred, and orientation of the animal/ burst within a particular zone of differences in temperature from thermal wound are all factors determining influence. For 40 mm rounds, a typical energy (heat) radiated from living bodies whether or not one could see the mission includes 64 rounds and or from reflected and scattered thermal gunnery-type wounds (such as bullet

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holes or fragmentation wounds). training activities. Beyond this new data false killer whales, pygmy killer whales, However, the weapons used during A– collection effort, NMFS is uncertain Fraser’s dolphins, rough-toothed S exercises detonate on or very near the what the MMC intended, as they did not dolphins, short-finned pilot whales, and surface. According to the USAF, even if provide any specific details on the types melon-headed whales are rare in the the weapon failed to detonate, gun-type of data that should be collected or project area and are not anticipated to projectiles lose lethal velocity within a collection methods. be impacted by the A–S gunnery few feet of the surface. Lastly, if a Description of Marine Mammals in the mission activities. Therefore, these marine mammal enters the exercise area Area of the Specified Activity species are not considered further. during a live-fire event, exercises would For cetacean species other than the cease immediately, and the activity There are 29 species of marine bottlenose dolphin, density estimates would either remain suspended until mammals documented as occurring in were derived from the Navy OPAREA the area was determined to be clear of Federal waters of the GOM. Of these 29 Density Estimates (NODE) for the marine mammals or moved to a new species of marine mammals, area, where pre-mission surveys would approximately 21 may be found within GOMEX OPAREA report (DON, 2007). be conducted before recommencing live- the proposed action area, the EGTTR. Bottlenose dolphin density estimates fire events. These species are the Bryde’s whale, were derived from Protected Species Comment 3: The MMC states that sperm whale, dwarf sperm whale, Habitat Modeling in the EGTTR until data are available that demonstrate pygmy sperm whale, Atlantic bottlenose (Garrison, 2008). A complete discussion the effectiveness of electronic detection dolphin, Atlantic spotted dolphin, on the abundance and density data can techniques in higher sea states, pantropical spotted dolphin, Blainville’s be found in the Notice of Proposed IHA authorizing incidental taking during beaked whale (Mesoplodon (76 FR 43267, July 20, 2011) and Eglin operations conducted in such densirostris), Cuvier’s beaked whale, AFB’s IHA application. Gervais’ beaked whale (M. europaeus), conditions is premature. Therefore, the Potential Effects of the Specified Clymene dolphin, spinner dolphin, MMC recommends that NMFS work Activity on Marine Mammals with the USAF to design and conduct striped dolphin, killer whale (Orcinus the necessary performance verification orca), false killer whale, pygmy killer A–S gunnery operations may testing for electronic detection devices whale, Risso’s dolphin, Fraser’s dolphin potentially impact marine mammals at under the pertinent sea state conditions. (Lagenodelphis hosei), melon-headed or near the water surface. Marine Response: For the 2008 IHA, NMFS whale (Peponocephala electra), rough- mammals could potentially be harassed, increased the sea state restriction from toothed dolphin, and short-finned pilot injured or killed by exploding and non- 3 to 4. The reasoning for increasing the whale. Of these species, only the sperm exploding projectiles, and falling debris sea state limitation was fully explained whale is listed as endangered under the (USAF, 2002). However, based on in the 2008 IHA Notice of Issuance (73 Endangered Species Act (ESA) and as analyses provided in the USAF’s Final FR 78318, December 22, 2008) and depleted throughout its range under the PEA, Eglin’s Supplemental Information NMFS’ 2008 EA. Readers should refer to MMPA. While some of the other species Request (2003), and NMFS’ 2008 EA, those documents for the explanation. listed here have depleted status under NMFS concurs with Eglin AFB that A– USAF subject matter experts have the MMPA, none of the GOM stocks of S gunnery exercises are not likely to determined based on in-the-field those species are considered depleted. result in any injury or mortality to experience, the airborne systems More detailed information on these marine mammals. adequately function in a sea state of 4. species can be found in Wursig et al. Research conducted by Baldacci et al. (2000), NMFS’ 2008 EA (see Explosive criteria and thresholds for (2005) indicated a sea state of 2 or 3 was ADDRESSES), and in the NMFS U.S. assessing impacts of explosions on pushing their system capabilities. Atlantic and GOM Stock Assessment marine mammals were discussed by However, Baldacci et al. (2005) were Reports (Waring et al., 2009). This latter NMFS in detail in its issuance of an IHA looking horizontally along the surface of document is available at: http:// for Eglin’s Precision Strike Weapon the water, whereas the USAF is looking www.nefsc.noaa.gov/publications/tm/ testing activity (70 FR 48675, August 19, nearly straight down, thus improving tm210/. The West Indian manatee 2005) and are not repeated here. Please system capabilities in higher sea states. (Trichechus manatus) is managed by the refer to that document for this Specific system capabilities/limitations U.S. Fish and Wildlife Service and is background information. However, one are classified and cannot be publicly not considered further in this document. part of the analysis has changed since provided. The species most likely to occur in that time. That information was Sensor Operators are continuously the area of Eglin AFB’s proposed provided in the Notice of Proposed IHA scanning the area for traffic, boats, activities for which takes have been (76 FR 43267, July 20, 2011) and is not marine mammals, etc. when transiting requested include: Atlantic bottlenose repeated here. Table 1 in this document to and from the water exercise ranges. dolphin; Atlantic spotted dolphin; outlines the acoustic criteria used by The USAF will instruct the Sensor pantropical spotted dolphin; spinner NMFS when addressing noise impacts Operators to begin gathering additional dolphin; and dwarf and pygmy sperm from explosives. These criteria remain data, such as sea state and level of whales. Bryde’s whales, sperm whales, consistent with criteria established for difficulty in detecting objects at the Risso’s dolphins, Clymene dolphins, other activities in the EGTTR and other different sea states, during those transits striped dolphins, Blainville’s beaked acoustic activities authorized under for comparison purposes, as long as whales, Cuvier’s beaked whales, sections 101(a)(5)(A) and (D) of the doing so does not interfere with mission Gervais’ beaked whales, killer whales, MMPA.

TABLE 1—CURRENT NMFS ACOUSTIC CRITERIA WHEN ADDRESSING HARASSMENT FROM EXPLOSIVES

Level B Behavior ...... 177 dB re 1 μPa2-sec 1⁄3 Octave SEL (sound energy level). Level B TTS Dual Criterion ...... 182 dB re 1 μPa2-sec 1⁄3 Octave SEL. Level B TTS Dual Criterion ...... 23 psi. Level A PTS (permanent threshold shift) ...... 205 dB re 1 μPa2-sec SEL.

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TABLE 1—CURRENT NMFS ACOUSTIC CRITERIA WHEN ADDRESSING HARASSMENT FROM EXPLOSIVES—Continued Level A Injury (non-hearing related) ...... 13 psi-msec. Mortality ...... 30.5 psi-msec.

TTS can disrupt behavioral patterns inert bombs, gunnery ammunition, and (where relevant). The NDAA of 2004 by inhibiting an animal’s ability to shrapnel from live missiles falling into amended the MMPA as it relates to communicate with conspecifics and the water. However, the possibility of military readiness activities and the ITA interpret other environmental cues DPI to marine mammals is considered process such that ‘‘least practicable important for predator avoidance and highly unlikely. Therefore, the risk of impact’’ shall include consideration of prey capture. However, depending on injury or mortality is low. The Notice of personnel safety, practicality of the degree (elevation of threshold in Proposed IHA (76 FR 43267, July 20, implementation, and impact on the dB), duration (i.e., recovery time), and 2011) contained a complete discussion effectiveness of the ‘‘military readiness frequency range of TTS, and the context of possible impacts from DPI on marine activity’’. The training activities in which it is experienced, TTS can mammals. Impacts to marine mammals described in Eglin AFB’s application are have effects on marine mammals from Eglin AFB’s activities are considered military readiness activities. ranging from discountable to serious. anticipated to be limited to Level B For example, a marine mammal may be harassment in the form of temporary The mitigation measures included in able to readily compensate for a brief, changes in behavior or temporary this IHA are the same as those required relatively small amount of TTS in a non- changes in hearing thresholds (i.e., in the 2010–2011 IHA (75 FR 5045, critical frequency range that takes place TTS). February 1, 2010). These measures are during a time when the animal is virtually identical to the mitigation Anticipated Effects on Marine Mammal traveling through the open ocean, where measures that were required in the Habitat ambient noise is lower and there are not 2008–2009 IHA (73 FR 78318, December as many competing sounds present. The primary source of marine 22, 2008) and the 2006 IHA (71 FR Alternatively, a larger amount and mammal habitat impact is noise 27695, May 12, 2006). There were only longer duration of TTS sustained during resulting from gunnery missions. three differences in the mitigation and a time when communication is critical However, the noise does not constitute monitoring measures between the 2006 for successful mother/calf interactions a long-term physical alteration of the and 2008 IHAs. Eglin AFB’s 2007 could have more serious impacts if it water column or bottom topography, as application addendum requested were in the same frequency band as the the occurrences are of limited duration revisions to three components of the and are intermittent in time. Other necessary vocalizations and of a severity IHA requirements: Protected species sources that may affect marine mammal that it impeded communication. surveys, ramp-up procedures, and sea The following physiological habitat were considered and potentially state restrictions. A discussion of the mechanisms are thought to play a role include the introduction of fuel, chaff, differences in the requirements can be in inducing auditory fatigue: Effects to debris, ordnance, and chemical residues sensory hair cells in the inner ear that into the water column. A full found in the 2008 IHA Notice of reduce their sensitivity; modification of description of anticipated effects on Issuance (73 FR 78318, December 22, the chemical environment within the habitat was provided in the Notice of 2008) and NMFS’ 2008 EA (see sensory cells; residual muscular activity Proposed IHA (76 FR 43267, July 20, ADDRESSES). The revisions to those three in the middle ear; displacement of 2011). Based on that information, NMFS requirements are also included in this certain inner ear membranes; increased has determined that the A–S gunnery IHA. However, the explanations as to blood flow; and post-stimulatory mission activities will not have any why Eglin AFB requested the changes reduction in both efferent and sensory impact on the food or feeding success of and NMFS’ determinations specific to neural output. Ward (1997) suggested marine mammals in the northern GOM. those three requirements are not that when these effects result in TTS Additionally, no loss or modification of repeated in this document. Readers rather than permanent threshold shift the habitat used by cetaceans in the should refer to either the 2008 IHA (PTS), they are within the normal GOM is expected. The activity is not Notice of Issuance (73 FR 78318, bounds of physiological variability and expected to have any habitat-related December 22, 2008) or NMFS’ 2008 EA tolerance and do not represent a effects that could cause significant or (see ADDRESSES) for the full explanation. physical injury. Additionally, Southall long-term consequences for individual et al. (2007) indicate that although PTS marine mammals or on the food sources Development of the Training Round is a tissue injury, TTS is not, because that they utilize. (TR) the reduced hearing sensitivity Mitigation The largest type of ammunition used following exposure to intense sound during typical gunnery missions is the results primarily from fatigue, not loss, In order to issue an incidental take 105-mm (4.13-in) round containing 4.7 of cochlear hair cells and supporting authorization (ITA) under Section lbs (2.1 kg) of high explosive (HE). This structures and is reversible. 101(a)(5)(A) and (D) of the MMPA, is several times more HE than that Accordingly, NMFS classifies TTS NMFS must, where applicable, set forth (when resulting from exposure to the permissible methods of taking found in the next largest round (40 mm/ underwater detonations) as Level B pursuant to such activity and other 1.57 in). As a mitigation technique, the Harassment, not Level A Harassment means of effecting the least practicable USAF developed a 105-mm TR that (injury). impact on such species or stock and its contains only 0.35 lb (0.16 kg) of HE. habitat, paying particular attention to The TR was developed to dramatically Direct Physical Impacts (DPI) rookeries, mating grounds, and areas of reduce the risk of harassment at night Potential impacts resulting from A–S similar significance, and on the and Eglin AFB anticipates a 96 percent test operations include DPI resulting availability of such species or stock for reduction in impact by using the 105- from ordnance. DPI could result from taking for certain subsistence uses mm TR.

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Visual Mitigation Other Mitigation (4) Observations will be accomplished Areas to be used in gunnery missions In addition to the development of the using all-light TV, IR sensors, and visual are visually monitored for marine TR, the visual mitigation, and the ramp- means for at least 60 min prior to each mammal presence from the AC–130 up procedures already described in this exercise. aircraft prior to commencement of the document, additional mitigation (5) Aircrews will utilize visual, night mission. If the presence of one or more measures to protect marine life were vision goggles, and other onboard marine mammals is detected, the target included in the 2006, 2008, 2009, and sensors to search for marine mammals area will be avoided. In addition, 2010 IHAs and are also required in the while performing area clearance monitoring will continue during the 2011 IHA. These requirements are: procedures during nighttime pre- mission. If marine mammals are (1) If daytime weather and/or sea mission activities. (6) If any marine mammals are sighted detected at any time, the mission will conditions preclude adequate aerial during pre-mission surveys or during halt immediately and relocate as surveillance for detecting marine the mission, activities will be necessary or be suspended until the mammals and other marine life, A–S immediately halted until the area is marine mammal has left the area. gunnery exercises must be delayed until clear of all marine mammals for 60 min Daytime and nighttime visual adequate sea conditions exist for aerial or the mission location relocated and monitoring will be supplemented with surveillance to be undertaken. Daytime resurveyed. test firing will be conducted only when infrared (IR) and low-light television (7) If post-detonation surveys sea surface conditions are sea state 4 or (TV) monitoring. As nighttime visual determine that an injury or lethal take less on the Beaufort scale. monitoring is generally considered to be of a marine mammal has occurred, the (2) Prior to each firing event, the ineffective at any height, the EGTTR test procedure and the monitoring aircraft crew will conduct a visual missions will incorporate the TR. methods must be reviewed with NMFS survey of the 5-nm (9.3-km) wide and appropriate changes must be made, Ramp-Up Procedures prospective target area to attempt to prior to conducting the next A–S The rationale for requiring ramp-up sight any marine mammals that may be gunnery exercise. procedures is that this process may present (the crew will do the same for NMFS carefully evaluated the allow animals to perceive steadily sea turtles and Sargassum rafts). The applicant’s proposed mitigation increasing noise levels and to react, if AC–130 gunship will conduct at least measures and considered a range of necessary, before the noise reaches a two complete orbits at a minimum safe other measures in the context of threshold of significance. The AC–130 airspeed around a prospective target ensuring that NMFS prescribes the gunship’s weapons are used in two area at a maximum altitude of 6,000 ft means of effecting the least practicable activity phases. First, the guns are (1,829 m). Provided marine mammals impact on the affected marine mammal checked for functionality and calibrated. (and other protected species) are not species and stocks and their habitat. Our This step requires an abbreviated period detected, the AC–130 can then continue evaluation of potential measures of live fire. After the guns are orbiting the selected target point as it included consideration of the following determined to be ready for use, the climbs to the mission testing altitude. factors in relation to one another: mission proceeds under various test and During the low altitude orbits and the • The manner in which, and the training scenarios. This second phase climb to testing altitude, the aircraft degree to which, the successful involves a more extended period of live crew will visually scan the sea surface implementation of the measure is fire and can incorporate use of one or within the aircraft’s orbit circle for the expected to minimize adverse impacts any combination of the munitions presence of marine mammals. Primary to marine mammals; available (25-, 40-, and 105-mm rounds). emphasis for the surface scan will be • The proven or likely efficacy of the The ramp-up procedure is required for upon the flight crew in the cockpit and specific measure to minimize adverse the initial gun calibration, and, after this personnel stationed in the tail observer impacts as planned; and phase, the guns may be fired in any bubble and starboard viewing window. • The practicability of the measure order. Eglin and NMFS believe this The AC–130’s optical and electronic for applicant implementation, including process will allow marine species the sensors will also be employed for target consideration of personnel safety, opportunity to respond to increasing clearance. If any marine mammals are practicability of implementation, and noise levels. If an animal leaves the area detected within the AC–130’s orbit impact on the effectiveness of the during ramp-up, it is unlikely to return circle, either during initial clearance or military-readiness activity. while the live-fire mission is after commencement of live firing, the Based on our evaluation of the proceeding. This protocol allows a more aircraft will relocate to another target applicant’s proposed measures, as well realistic training experience. In combat and repeat the clearance procedures. If as other measures considered by NMFS, situations, gunship crews would not multiple firing events occur within the NMFS has determined that the required likely fire the complete ammunition same flight, these clearance procedures mitigation measures provide the means load of a given caliber gun before will precede each event. of effecting the least practicable impact proceeding to another gun. Rather, a (3) The aircrews of the A–S gunnery on marine mammal species or stocks combination of guns would likely be missions will initiate location and and their habitat, paying particular used as required by an evolving surveillance of a suitable firing site attention to rookeries, mating grounds, situation. An additional benefit of this immediately after exiting U.S. territorial and areas of similar significance, while protocol is that mechanical or waters (less than or equal to 12 nm (22 also considering personnel safety, ammunition problems on an individual km)). This would potentially restrict practicability of implementation, and gun can be resolved while live fire most gunnery activities to the shallower impact on the effectiveness of the continues with functioning weapons. continental shelf waters of the GOM military-readiness activity. This also diminishes the possibility of a where marine mammal densities are lengthy pause in live fire, which, if typically lower, and thus potentially Monitoring and Reporting greater than 10 min, would necessitate avoid the slope waters where the more In order to issue an ITA for an Eglin’s re-initiation of protected species sensitive species (e.g., endangered activity, section 101(a)(5)(D) of the surveys (described next). sperm whales) typically reside. MMPA states that NMFS must, where

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applicable, set forth ‘‘requirements by species/stock of any marine percent of densities calculated for pertaining to the monitoring and mammals noted injured or killed as a distribution in the total water column. reporting of such taking’’. The MMPA result of the gunnery exercises and The impacts to marine mammals implementing regulations at 50 CFR number of marine mammals (by species swimming at the surface that could 216.104 (a)(13) indicate that requests for if possible) that may have been harassed potentially be injured or killed by ITAs must include the suggested means due to presence within the 5-nm activity projectiles and falling debris was of accomplishing the necessary zone; and (iv) a detailed assessment of determined to be an average of 0.2059 monitoring and reporting that will result the effectiveness of sensor-based marine mammals per year. However, in increased knowledge of the species monitoring in detecting marine NMFS believes that the required and of the level of taking or impacts on mammals in the area of A–S gunnery mitigation measures would significantly populations of marine mammals that are operations. reduce even these low levels. expected to be present in the action (6) If any dead or injured marine In addition to small arms, Eglin area. mammals are observed or detected prior calculated the potential for other non- The Incidental Take Statement in to testing, or injured or killed during explosive items (bombs, missiles, and NMFS’ Biological Opinion on this live fire, a report must be made to drones) to impact marine mammals. As action required certain monitoring NMFS by the following business day. shown in the 2002 Final PEA and the measures to protect marine life. NMFS (7) Any unauthorized takes of marine Notice of Proposed IHA (74 FR 53474, also imposed these same requirements, mammals (i.e., injury or mortality) must October 19, 2009), the potential for any as well as additional ones, under Eglin be immediately reported to NMFS and non-small arms/non-gunnery DPI to AFB’s 2006, 2008, and 2010 IHAs as to the respective stranding network marine mammals is extremely remote they related to marine mammals. NMFS representative. and can, therefore, be discounted. has included these same measures in Estimated Take by Incidental Similar to non-small arms/non- the 2011 IHA. They are: Harassment gunnery DPI, DPI from gunnery (1) The A–S gunnery mission aircrews As it applies to a ‘‘military readiness activities may also affect marine will participate in the marine mammal activity’’, the definition of harassment is mammals in the surface zone. Again, species observation training. Designated (Section 3(18)(B) of the MMPA): DPI are anticipated to affect only marine crew members will be selected to mammals at or near the ocean surface. (i) Any act that injures or has the receive training as protected species significant potential to injure a marine Accordingly, the density estimates have observers. Observers will receive mammal or marine mammal stock in the wild been adjusted to indicate surface training in protected species survey and [Level A Harassment]; or (ii) Any act that animals only being potentially affected. identification techniques. disturbs or is likely to disturb a marine DPI from gunnery activities are (2) Aircrews will initiate the post- mammal or marine mammal stock in the wild extremely remote and can be mission clearance procedures beginning by causing disruption of natural behavioral discounted. Using the largest round (105 at the operational altitude of patterns, including, but not limited to, mm), it would take approximately 120 approximately 15,000 to 20,000 ft (4,572 migration, surfacing, nursing, breeding, years to impact a marine mammal from to 6,096 m) elevation, and then initiate feeding, or sheltering, to a point where such daytime gunnery activities and a spiraling descent down to an behavioral patterns are abandoned or approximately 27 years to impact a significantly altered [Level B Harassment]. observation altitude of approximately marine mammal from nighttime 6,000 ft (1,829 m) elevation. Rates of Only take by Level B harassment is gunnery activities. descent will occur over a 3 to 5 min anticipated as a result of and authorized Estimating the impacts to marine time frame. for the A–S gunnery mission activities. mammals from underwater detonations (3) Eglin will track their use of the The exercises are expected to only affect is difficult due to complexities of the EGTTR for test firing missions and animals at or very near the surface of the physics of explosive sound under water protected species observations, through water. Cetaceans in the vicinity of the and the limited understanding with the use of mission reporting forms. exercises may incur temporary changes respect to hearing in marine mammals. (4) A–S gunnery missions will in behavior and/or temporary changes Detailed assessments were made in the coordinate with next-day flight in their hearing thresholds. Based on the notice for the 2006 and 2008 IHAs on activities to provide supplemental post- mitigation and monitoring measures this action (71 FR 27695, May 12, 2006; mission observations for marine required to be implemented (described 73 FR 78318, December 22, 2008), as mammals in the operations area of the earlier in this document), no injury or well as the Notice of Proposed IHA (74 previous day. mortality of marine mammals is FR 53474, October 19, 2009) and are (5) A summary annual report of anticipated as a result of or authorized summarized in this document. These marine mammal observations and A–S for the A–S gunnery mission activities. assessments used, and improved upon, activities will be submitted to the NMFS The Notice of Proposed IHA (76 FR the criteria and thresholds for marine Southeast Regional Office (SERO) and 43267, July 20, 2011) included an in- mammal impacts that were developed the Office of Protected Resources either depth discussion of the methodology for the shock trials of the USS at the time of a request for renewal of used by Eglin AFB and NMFS to SEAWOLF and the USS WINSTON S. an IHA or 90 days after expiration of the estimate take by harassment incidental CHURCHILL (DDG–81) (Navy, 1998; current IHA if a new IHA is not to the A–S gunnery exercises and the 2001). The criteria and thresholds used requested. This annual report must numbers of cetaceans that might be in those actions were adopted by NMFS include the following information: (i) affected by the exercises. A summary is for use in calculating incidental takes Date and time of each A–S gunnery provided here. from explosives. Criteria for assessing exercise; (ii) a complete description of DPI are only anticipated to affect impacts from Eglin AFB’s A–S gunnery the pre-exercise and post-exercise marine species at or very near the ocean exercises include: (1) Mortality, as activities related to mitigating and surface. As a result, in order to calculate determined by exposure to a certain monitoring the effects of A–S gunnery impacts, Eglin used corrected species level of positive impulse pressure exercises on marine mammal densities (see Table 4–23 in the USAF’s (expressed as pounds per square inch populations; (iii) results of the Final PEA) to reflect the surface interval per millisecond or psi-msec); (2) injury, monitoring program, including numbers population, which is approximately 10 both hearing-related and non-hearing

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related; and (3) harassment, as analysis (note: SEL and EFDL are used charges, the 12-psi metric is not an determined by a temporary loss of some interchangeably, but with increasing adequate predictor of the onset of TTS hearing ability and behavioral reactions. scientific preference for SEL). The peak but that one should use 23 psi. This Permanent hearing loss is considered pressure metric used in previous shock explanation was provided in the Notice an injury and is termed PTS. NMFS, trials to represent TTS was 12 pounds of Proposed IHA (76 FR 43267, July 20, therefore, categorizes PTS as Level A per square inch (psi) which, for the net 2011). harassment. Temporary loss of hearing explosive weight used, resulted in a Table 1 (earlier in this document) ability is termed TTS, meaning a zone of possible Level B harassment temporary reduction of hearing approximately equal to that obtained by summarizes the relevant thresholds for sensitivity which abates following noise using a 182 decibel (dB) re 1 microPa2- levels of noise that may result in Level exposure. TTS is considered non- s, total EFDL/SEL metric. The 12-psi A harassment (injury) or Level B injurious and is categorized as Level B metric is largely based on anatomical harassment via TTS or behavioral harassment. NMFS recognizes dual studies and extrapolations from disturbance to marine mammals. criteria for TTS, as well as for Level A terrestrial mammal data (see Ketten, Mortality and injury thresholds are harassment, one based on peak pressure 1995; Navy, 1999 (Appendix E, designed to be conservative by and one based on the greatest 1⁄3 octave CHURCHILL FEIS; and 70 FR 48675 considering the impacts that would sound exposure level (SEL) or energy (August 19, 2005)) for background occur to the most sensitive life stage flux density level (EFDL), with the more information). However, the results of a (e.g., a dolphin calf). Table 2 provides conservative (i.e., larger) of the two more recent investigation involving the estimated ZOI radii for the EGTTR criteria being selected for impacts marine mammals suggest that, for small ordnance.

TABLE 2—ESTIMATED RANGE FOR A ZONE OF IMPACT (ZOI) DISTANCE FOR THE EGTTR ORDNANCE

Level B harass- Level A harass- Level B harass- Level B harassment—non-inju- Expendable ment—injurious ment non-inju- ment non-injurious (177 dB) (205 dB) EFD rious (182 dB) rious (23 psi) for EFD for behavior (m) EFD for TTS (m) TTS (m) (m)

105-mm FU ...... 0.79 11.1 216 22.1 105-mm TR ...... 0.22 3.0 90 6.0 40-mm HE ...... 0.33 4.7 122 9.4 25-mm HE ...... 0.11 1.3 49 2.6 FU = Full-up; TR = Training Round; HE = High Explosive.

Based on the detailed discussion that approximately 212 marine causing TTS, due to a lack of empirical contained in the Notice of Proposed IHA mammals may incur Level B (TTS) information and data, a dual criteria for (76 FR 43267, July 20, 2011), Table 3 in harassment annually. Because these Level B behavioral harassment cannot this Federal Register document gunnery exercises result in multiple be developed. However, to ensure that provides Eglin AFB’s estimates of the detonations, they have the potential to takings are covered by this IHA, NMFS annual number of marine mammals, by also result in a temporary modification estimates that approximately 906 species, potentially taken by Level B in behavior by marine mammals at marine mammals of five stocks may harassment, by the gunnery mission levels below TTS. Based on Eglin AFB incur Level B (harassment) takes during noise. It should be noted that these and NMFS’ estimates, up to 694 marine the 1-year period of an IHA. NMFS has estimates are derived without mammals may experience a behavioral determined that this number will be consideration of the effectiveness of the response to these exercises during the significantly lower due to the expected required mitigation measures (except time frame of an IHA (see Table 3). use of the TR), which are discussed Finally, while one would generally effectiveness of the mitigation measures earlier in this document. As indicated in expect the threshold for behavioral required in the IHA. Table 3, Eglin AFB and NMFS estimate modification to be lower than that

TABLE 3—YEARLY ESTIMATED NUMBER OF MARINE MAMMALS AFFECTED BY THE GUNNERY MISSION NOISE

Level A har- Level B har- Level B har- Level B har- Adjusted Den- assment inju- assment non- assment non- Species rious 205 dB * injurious 182 assment non- injurious 177 sity (#/km2 ) EFD for ear dB * EFD For injurious 23 dB * EFD for rupture TTS psi For TTS behavior

Bryde’s whale ...... 0.0 0.0 0.0 0.0 0.0 Sperm whale ...... 0.0 0.0 0.0 0.0 0.0 Dwarf/pygmy sperm whale ...... 0.0 0.0 0.4 0.0 1.3 All beaked whales ...... 0.0 0.0 0.0 0.0 0.0 Killer whale ...... 0.0 0.0 0.0 0.0 0.0 Pygmy killer whale ...... 0.0 0.0 0.0 0.0 0.0 False killer whale ...... 0.0 0.0 0.0 0.0 0.0 Melon-headed whale ...... 0.0 0.0 0.0 0.0 0.0 Short-finned pilot whale ...... 0.0 0.0 0.0 0.0 0.0 Rough-toothed dolphin ...... 0.0 0.0 0.0 0.0 0.0 Bottlenose dolphin ...... 0.6 0.0 134.9 17.8 442.9 Risso’s dolphin ...... 0.0 0.0 0.0 0.0 0.0

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TABLE 3—YEARLY ESTIMATED NUMBER OF MARINE MAMMALS AFFECTED BY THE GUNNERY MISSION NOISE—Continued

Level A har- Level B har- Level B har- Level B har- Adjusted Den- assment inju- assment non- assment non- assment non- Species 2 rious 205 dB * injurious 182 injurious 177 sity (#/km ) EFD for ear dB * EFD For injurious 23 dB * EFD for rupture TTS psi For TTS behavior

Atlantic spotted dolphin ...... 0.3 0.0 75.2 9.9 246.9 Pantropical spotted dolphin ...... 0.1 0.0 0.3 0.0 11.1 Striped dolphin ...... 0.0 0.0 0.0 0.0 0.2 Spinner dolphin ...... 0.1 0.0 0.3 0.0 0.9 Clymene dolphin ...... 0.0 0.0 0.1 0.0 0.3 Fraser’s dolphin ...... 0.0 0.0 0.0 0.0 0.0 All marine mammals ...... 1.3 0.0 211.5 27.9 694.2 km2 = square kilometers; NA = not applicable * dB = dB re 1 μPa2¥s.

Negligible Impact Determination sightings have occurred in water depths Impact on Availability of Affected NMFS has defined ‘‘negligible greater than 200 m. Occurrence in the Species or Stock for Taking for impact’’ in 50 CFR 216.103 as ‘‘* * * an deeper portions of W–151 is possible, Subsistence Uses impact resulting from the specified although based on reported sighting There are no relevant subsistence uses activity that cannot be reasonably locations, density is expected to be low. of marine mammals implicated by this expected to, and is not reasonably likely Therefore, Eglin AFB has not requested action. to, adversely affect the species or stock and NMFS has not issued take Endangered Species Act (ESA) through effects on annual rates of authorizations for this species. No recruitment or survival.’’ In making a mortality or injury is expected to occur A Biological Opinion issued by NMFS negligible impact determination, NMFS and due to the nature, degree, and on October 20, 2004, concluded that the considers: (1) The number of anticipated context of the Level B harassment A–S gunnery exercises in the EGTTR are mortalities; (2) the number and nature of anticipated, the activity is not expected unlikely to jeopardize the continued anticipated injuries; (3) the number, to impact rates of recruitment or existence of species listed under the nature, and intensity, and duration of survival. ESA that are within the jurisdiction of Level B harassment; and (4) the context Additionally, the mitigation and NMFS or destroy or adversely modify in which the takes occur. monitoring measures required to be critical habitat. NMFS has determined No injuries or mortalities are implemented (described earlier in this that this action, including the anticipated to occur as a result of Eglin document) are expected to minimize modifications to the mitigation and AFB’s A–S gunnery mission activities, even further the potential for injury or monitoring measures in the 2008 IHA and none are authorized. Takes will be mortality. The protected species surveys and included in the 2010 IHA, does not limited to Level B harassment in the require Eglin AFB to search the area for have effects beyond that which was form of behavioral disturbance and TTS. marine mammals, and if any are found analyzed in that previous consultation, Although activities would be permitted in the live fire area, then the exercise it is within the scope of that action, and to occur year-round and can last for must be suspended until the animal(s) reinitiation of consultation is not approximately 5 to 6 hours at a time, the has left the area or the activity relocated. necessary. actual live-fire portion of the exercise Moreover, the aircrews of the A–S National Environmental Policy Act usually only lasts for 90 to 120 min; gunnery missions will initiate location (NEPA) therefore, NMFS expects the duration of and surveillance of a suitable firing site impacts to be relatively short. immediately after exiting U.S. territorial The USAF prepared a Final PEA in Additionally, it should also be noted waters (less than or equal to 12 nm (22 November 2002 for the EGTTR activity. that the actual level of activity has been km)). This would potentially restrict NMFS made the USAF’s 2002 Final PEA far lower over the past few years than most gunnery activities to the shallower available upon request on January 23, that predicted and estimated in this continental shelf waters of the GOM 2006 (71 FR 3474). In accordance with document. Those reasons were where marine mammal densities are NOAA Administrative Order 216–6 discussed earlier in this document. It is typically lower, and thus potentially (Environmental Review Procedures for possible that some individuals may be avoid the slope waters where the more Implementing the National taken more than once if those sensitive species (e.g., endangered Environmental Policy Act, May 20, individuals are located in the exercise sperm whales) typically reside. 1999), NMFS reviewed the information area on two different days when Based on the analysis contained contained in the USAF’s 2002 Final exercises are occurring. However, herein of the likely effects of the PEA, and, on May 1, 2006, determined multiple exposures are not anticipated specified activity on marine mammals that the document accurately and to have effects beyond Level B and their habitat, and taking into completely described the proposed harassment. consideration the implementation of the action, the alternatives to the proposed Of the 21 marine mammal species or mitigation and monitoring measures, action, and the potential impacts on stocks that may be in the vicinity of the NMFS finds that Eglin AFB’s A–S marine mammals, endangered species, EGTTR gunnery mission activities, only gunnery mission exercises will result in and other marine life that could be the sperm whale is listed as endangered the incidental take of marine mammals, impacted by the preferred alternative under the ESA and as depleted under by Level B harassment only, and that and the other alternatives. Accordingly, the MMPA. Sperm whale occurrence in the total taking from the A–S gunnery NMFS adopted the USAF’s 2002 Final the area of the proposed activity is mission exercises will have a negligible PEA under 40 CFR 1506.3 and made its unlikely because almost all reported impact on the affected species or stocks. own FONSI on May 16, 2006. The

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NMFS FONSI also took into agencies to take this opportunity to completing the application at the Public consideration updated data and comment on the revision of a continuing Search Facility reference desk and information contained in NMFS’ information collection, as required by providing proper identification. The Federal Register document noting the Paperwork Reduction Act of 1995, plastic online access cards include a issuance of an IHA to Eglin AFB for this Public Law 104–13 (44 U.S.C. bar-coded user number and an activity (71 FR 27695, May 12, 2006), 3506(c)(2)(A)). expiration date. Users may renew their and previous notices (71 FR 3474, DATES: Written comments must be cards by validating and updating the January 23, 2006; 70 FR 48675, August submitted on or before December 6, required information and may obtain a 19, 2005). 2011. replacement for a lost card by providing As the issuance of the 2008 IHA to proper identification. Eglin AFB amended three of the ADDRESSES: You may submit comments Under the authority provided in 41 mitigation measures for reasons of by any of the following methods: CFR 102–81, the USPTO issues security practicality and safety, NMFS reviewed • E-mail: identification badges to members of the the USAF’s 2002 Final PEA and [email protected]. public who wish to use the facilities at determined that a new EA was Include ‘‘0651–0041 comment’’ in the the USPTO. Public users may apply for warranted to address: (1) The proposed subject line of the message. a security badge in person at the USPTO modifications to the mitigation and • Mail: Susan K. Fawcett, Records Office of Security by providing the monitoring measures; (2) the use of 23 Officer, Office of the Chief Information necessary information and presenting a psi as a change in the criterion for Officer, United States Patent and valid form of identification with estimating potential impacts on marine Trademark Office, P.O. Box 1450, photograph. The security badges mammals from explosives; and (3) a Alexandria, VA 22313–1450. include a color photograph of the user cumulative effects analysis of potential • Federal Rulemaking Portal: http:// and must be worn at all times while at environmental impacts from all GOM www.regulations.gov. the USPTO facilities. activities (including Eglin mission FOR FURTHER INFORMATION CONTACT: In January 2011, the USPTO activities), which was not addressed in Requests for additional information discontinued the $120 fee for users the USAF’s 2002 Final PEA. Therefore, regarding online access cards or user requesting private instruction for the NMFS prepared a new EA in December training should be directed to Douglas online search systems available at the 2008 and issued a FONSI for its action Salser, Acting Manager, Public Search Public Search Facility. Therefore, the on December 9, 2008. Based on those Facility, United States Patent and private instruction fee is being deleted findings, NMFS determined that it was Trademark Office, P.O. Box 1450, from this collection. not necessary to complete an Alexandria, VA 22313–1450; by II. Method of Collection environmental impact statement for the telephone at 571–272–5595; or by e-mail issuance of an IHA to Eglin AFB for this to [email protected]. The applications for online access activity. NMFS has determined that this Requests for additional information cards and security identification badges activity is within the scope of NMFS’ regarding security identification badges are completed on site and handed to a 2008 EA and FONSI. should be directed to Joseph Burns, USPTO staff member for issuance. User training registration forms may be Authorization Director, Security Office, United States Patent and Trademark Office, P.O. Box mailed, faxed, or hand delivered to the As a result of these determinations, 1450, Alexandria, VA 22313–1450; by USPTO. NMFS has issued an IHA to the USAF, telephone at 571–272–1537; or by e-mail III. Data Eglin AFB, for the take of several to [email protected]. species of marine mammals incidental OMB Number: 0651–0041. Additional information about this Form Number(s): PTO–2030 and to the A–S gunnery mission activities in collection is also available at http:// the GOM provided the previously PTO–2224. www.reginfo.gov under ‘‘Information Type of Review: Revision of a mentioned mitigation, monitoring, and Collection Review.’’ reporting requirements are incorporated. currently approved collection. SUPPLEMENTARY INFORMATION: Affected Public: Individuals or Dated: September 26, 2011. I. Abstract households; businesses or other for- Helen M. Golde, profits; and not-for-profit institutions. Deputy Director, Office of Protected The United States Patent and Estimated Number of Respondents: Resources, National Marine Fisheries Service. Trademark Office (USPTO) is required 10,003 responses per year. [FR Doc. 2011–26018 Filed 10–6–11; 8:45 am] by 35 U.S.C. 41(i)(1) to maintain a Estimated Time per Response: The BILLING CODE 3510–22–P Public Search Facility to provide patent USPTO estimates that it will take the and trademark collections for searching public approximately five to ten and retrieval of information. The Public minutes (0.08 to 0.17 hours) to complete DEPARTMENT OF COMMERCE Search Facility is maintained for public the information in this collection, use with paper and electronic search including gathering the necessary United States Patent and Trademark files and trained staff to assist searchers. information, preparing the appropriate Office The USPTO also offers training courses form, and submitting the completed to assist the public with using the request. Public User ID Badging advanced electronic search systems Estimated Total Annual Respondent ACTION: Proposed collection; comment available at the facility. Burden Hours: 989 hours. request. In order to manage the patent and Estimated Total Annual Respondent trademark collections that are available Cost Burden: $191,866. The USPTO SUMMARY: The United States Patent and to the public, the USPTO issues online estimates that approximately 1⁄3 of the Trademark Office (USPTO), as part of its access cards to customers who wish to users responding to this collection are continuing effort to reduce paperwork use the electronic search systems at the attorneys and 2⁄3 are paraprofessionals. and respondent burden, invites the Public Search Facility. Customers may Using 1⁄3 of the professional rate of $340 general public and other Federal obtain an online access card by per hour for attorneys in private firms

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and 2⁄3 of the paraprofessional rate of approximately $194 per hour. Using this cost burden for submitting the $122 per hour, the estimated rate for estimated rate of $194 per hour, the information in this collection will be respondents to this collection is USPTO estimates that the respondent approximately $191,866 per year.

Estimated time Estimated for Estimated annual Item response annual burden (minutes) responses hours

Application for Public User ID (Online Access Card) (PTO–2030) ...... 5 2,330 186 Issue Online Access Card ...... 10 2,095 356 Renew Online Access Card ...... 5 1,059 85 Replace Online Access Card ...... 5 145 12 User Training Registration Forms ...... 5 74 6 Security Identification Badges for Public Users (PTO–2224) ...... 5 1,000 80 Renew Security Identification Badges for Public Users ...... 5 3,200 256 Replace Security Identification Badge ...... 5 100 8

Totals ...... 10,003 989

Estimated Total Annual Non-hour Comments submitted in response to information, the USPTO is holding a Respondent Cost Burden: $1,502. This this notice will be summarized or public hearing at which interested collection has annual (non-hour) costs included in the request for OMB members of the public are invited to in the form of fees and postage costs. approval of this information collection; testify on the issues outlined above and There are no application or renewal they also will become a matter of public in the supplementary information fees for online access cards or security record. section of this notice. In addition, identification badges. However, there is Dated: October 4, 2011. members of the public may submit a $15 fee for issuing a replacement Susan K. Fawcett, written comments. Public Hearing: A public hearing will security identification badge. The Records Officer, USPTO, Office of the Chief USPTO estimates that it will reissue Information Officer. be held on Tuesday, October 25, 2011, beginning at 8:30 a.m. Eastern Daylight approximately 100 security badges [FR Doc. 2011–26014 Filed 10–6–11; 8:45 am] Time (EDT) and ending at 11:30 a.m. annually that have been lost, stolen, or BILLING CODE 3510–16–P need to be replaced, for a total of $1,500 EDT. The public hearing will be held at per year in fees. the USPTO, Madison Auditorium, Concourse Level, Madison Building, 600 Users may incur postage costs when DEPARTMENT OF COMMERCE Dulany Street, Alexandria, Virginia submitting a user training registration 22314. form to the USPTO by mail. The USPTO United States Patent and Trademark Office Those wishing to present oral expects that approximately 4 of the testimony at the hearing must request an estimated 74 training forms received per [Docket No.: PTO–P–2011–0060] opportunity to do so in writing by e- year will be submitted by mail. The Notice of Public Hearing and Request mail to [email protected] no later USPTO estimates that the average first- than October 18, 2011. Requests to class postage cost for a mailed training for Comments on the Study of Prior User Rights testify at the hearing must indicate the form will be 44 cents, for a total postage following information: (1) The name of cost of approximately $2 per year for The United States Patent and the person desiring to testify; (2) the this collection. Trademark Office (USPTO) is interested person’s contact information (telephone The total annual (non-hour) in gathering information on patent prior number and electronic mail address); respondent cost burden for this user rights for purposes of preparing a and (3) the organization(s) the person collection in the form of fees and report on the subject as required by the represents, if any; and (4) a preliminary postage costs is estimated to be $1,502 America Invents Act. In particular, the written copy of their testimony. Based per year. USPTO seeks information about the on the requests received, an agenda of IV. Request for Comments following as specified in the America scheduled testimony will be sent to Invents Act: (1) Comparison(s) between testifying respondents, and posted on Comments are invited on: (a) Whether the patent laws of the United States and the USPTO Internet Web site (address: the proposed collection of information the laws of other industrialized http://www.uspto.gov/ is necessary for the proper performance countries; (2) the effect of prior user americainventsact). of the functions of the agency, including rights on innovation rates; (3) the Speakers selected to provide whether the information shall have correlation, if any, between prior user testimony at the hearing should provide practical utility; (b) the accuracy of the rights and start-up enterprises as well as a final written copy of their testimony agency’s estimate of the burden the ability to attract venture capital to for inclusion in the record of the (including hours and cost) of the start new companies; (4) the effect of proceedings no later than October 21, proposed collection of information; (c) prior user rights, if any, on small 2011. ways to enhance the quality, utility, and businesses, universities, and individual The USPTO plans to make the public clarity of the information to be inventors; (5) legal and constitutional hearing available via webcast. Webcast collected; and (d) ways to minimize the issues with placing trade secret law in information will be available on the burden of the collection of information patent law; and (6) whether or not the USPTO’s Internet Web site (address: on respondents, e.g., the use of change to a first-to-file patent system http://www.uspto.gov/ automated collection techniques or creates any particular need for prior americainventsact) before the public other forms of information technology. user rights. To assist in gathering this hearing.

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Written Comments: Written comments Secretary of State, and the Attorney 3. Please share your experiences in should be sent by e-mail to General. The Act also specifically analyzing the correlation, if any, [email protected]. Comments may identifies items for USPTO between prior user rights and start-up also be submitted by postal mail consideration as part of the report. enterprises and the ability to attract addressed to: Mail Stop OPEA, P.O. Box Issues for Testimony and/or Written venture capital to start new companies. 1450, Alexandria, VA 22313–1450, Comment: Interested members of the Please include empirical and anecdotal ATTN: Elizabeth Shaw. Although public are invited to submit testimony data, as well as opinions as to how this comments may be submitted by postal and/or written comments on issues that analysis may be conducted. mail, the USPTO prefers to receive they believe relevant to operation of 4. Please share your experiences in comments via e-mail. The deadline for prior user rights. The topics and analyzing the effect, if any, of prior user receipt of written comments for questions listed below reflect the rights on small businesses, universities, consideration by the USPTO is information that the USPTO is required and individual inventors. Please include November 8, 2011. Written comments to study per the prior user rights study empirical and anecdotal data, as well as should be identified in the subject line provision of the America Invents Act. opinions as to how this analysis may be of the e-mail or postal mailing as ‘‘Prior The tenor of the following questions conducted. User Rights.’’ should not be taken as an indication 5. Please share your views, along with Because comments will be made that the USPTO has taken a position or any corresponding analysis, as to available for public inspection, is predisposed to any particular views. whether there are any legal or information that is not desired to be 1a. Please share your experiences constitutional issues with placing trade made public, such as an address or relating to the use of prior user rights in secret law in United States patent law. 6. Please share your views, along with phone number, should not be included foreign jurisdictions including, but not any corresponding analysis, as to in the comments. limited to, members of the European whether the change to a first-to-file Availability of Hearing Transcript and Union and Japan, Canada, and patent system creates any particular Written Comments: A transcript of the Australia. need for prior user rights in the United hearing and the written comments will In doing so, please include the States. be available for public inspection at the following: Office of Policy and External Affairs in (a) An identification of the foreign Dated: October 4, 2011. the Executive Library located in the jurisdiction(s); David J. Kappos, Madison West Building, Tenth Floor, (b) The frequency or regularity with Under Secretary of Commerce for Intellectual 600 Dulany Street, Alexandria, Virginia which prior user rights were utilized or Property and Director of the United States 22314. Contact: Elizabeth Shaw at asserted in the particular jurisdiction(s); Patent and Trademark Office. [email protected] or 571–272– [FR Doc. 2011–26154 Filed 10–6–11; 8:45 am] 8494. In addition, the hearing transcript (c) Whether prior user rights were BILLING CODE 3510–16–P and the comments from the public will asserted as a defense by you or your also be available via the USPTO Internet organization; (d) Whether another entity alleged Web site (address: http:// DEPARTMENT OF COMMERCE www.uspto.gov/americainventsact). prior user rights as a defense to a patent Contact: Mary Critharis, Office of infringement claim asserted by you or United States Patent and Trademark Policy and External Affairs, by phone your organization; Office 571–272–9300; by e-mail at (e) The technology or industry [email protected]; or by postal involved; [Docket No.: PTO–P–2011–0062] mail addressed to: Mail Stop OPEA, (f) The operation of the prior user rights regime in the particular Request for Comments and Notice of United States Patent and Trademark Public Hearings on the Study of Office, P.O. Box 1450, Alexandria, jurisdiction(s); and (g) The advantages/disadvantages of International Patent Protection for Virginia 22313–1450, ATTN: Mary Small Businesses Critharis; or Charles Eloshway, Office of the prior user rights regime in the Policy and External Affairs, by phone at particular jurisdiction(s). The United States Patent and 571–272–9300; by e-mail at 1b. If you do not have any experiences Trademark Office (USPTO) is interested [email protected]; or by relating to the use of prior user rights in in gathering information on postal mail addressed to: Mail Stop foreign jurisdictions, please identify the international patent protection for small OPEA, United States Patent and following: businesses for purposes of preparing a Trademark Office, P.O. Box 1450, (a) The frequency or regularity with report on the subject as required by the Alexandria, Virginia 22313–1450, which you engage in business abroad America Invents Act. To assist in ATTN: Charles Eloshway. including, but limited to, the following gathering this information, the USPTO The America Invents Act, Section 3, foreign economies: members of the is holding a public hearing at which calls for the Director of the USPTO to European Union and Japan, Canada, and interested members of the public are report to the Committee on the Judiciary Australia; invited to testify on this topic. In of the Senate and the Committee on the (b) Your opinion as to why you addition, members of the public may Judiciary of the House of believe prior user rights are or are not submit written comments. Representatives regarding findings and needed in the particular jurisdiction(s). Public Hearing: The USPTO will hold recommendations on the operations of 2. Please share your experiences in two hearings in support of the study of prior user rights in selected countries in analyzing the effect, if any, of prior user international patent protection for small the industrialized world no later than rights on innovation rates in selected businesses. The first public hearing will the end of the four-month period countries including, but not limited to, be held on October 27, 2011, beginning beginning on the date of enactment of members of the European Union and at 1 p.m. Eastern Daylight Time (EDT) the Act (i.e., by January 16, 2012). In Japan, Canada, and Australia. Please and ending at 4 p.m. EDT. The first preparing the report, the USPTO is include empirical and anecdotal data, as public hearing will be held at the required to consult with the United well as opinions as to how this analysis USPTO in the Madison Auditorium on States Trade Representative, the may be conducted. the concourse level of the Madison

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Building, located at 600 Dulany Street, phone number, should not be included 2. At what point, if ever, in the growth Alexandria, Virginia 22314. The second in the comments. of small companies does international public hearing will be held on Availability of Hearing Transcript and patent protection become important? November 1, 2011, beginning at 9 a.m. Written Comments: A transcript of the 3. What challenges, if any, interfere Pacific Daylight Time (PDT) and ending hearing and the written comments will with the growth and competitiveness of at 12 p.m. PDT. The second public be available for public inspection at the small companies if international patent hearing will be held at the University of Office of Chief Economist, located in the protection is not sought early in the Southern California in the Gould School Madison West Building, Tenth Floor, innovation process? of Law, located at 699 Exposition 600 Dulany Street, Alexandria, Virginia 4. What specific role does Boulevard, Los Angeles, California 22314. In addition, the hearing international patent protection play in 90089. transcript and the comments from the the successful internationalization Those wishing to present oral public will also be available via the strategies (such as franchising, testimony at the hearing must request an USPTO Internet Web site (address: exporting, or foreign-direct-investment) opportunity to do so in writing by http://www.uspto.gov/ of small businesses? Does this role differ e-mail to [email protected] no americainventsact). by industry or sector? 5. How can the USPTO and other later than October 20, 2011, for the first Contact: Saurabh Vishnubhakat, public hearing, and no later than Federal agencies best support small Office of Chief Economist, by telephone businesses regarding international October 25, 2011, for the second public 571–272–3427; by e-mail at hearing. Requests to testify at the patents: [email protected]; or by (a) In obtaining international patent hearing must indicate the following postal mail addressed to: Saurabh information: (1) The name of the person rights? Vishnubhakat, Office of Chief (b) In maintaining international patent desiring to testify; (2) the person’s Economist, United States Patent and contact information (telephone number rights? Trademark Office, Madison West (c) In enforcing international patent and electronic mail address); (3) the Building, Tenth Floor, 600 Dulany organization(s) the person represents, if rights? Street, Alexandria, Virginia 22314. 6. What role should the Federal any; and (4) a preliminary written copy Government play in assisting small of their testimony. Based on the requests The America Invents Act, Section 31, businesses to defray the costs of filing, received, an agenda of scheduled charges the Director of the United States maintaining, and enforcing international testimony will be sent to testifying Patent and Trademark Office (USPTO), patent protection? respondents, and posted on the USPTO in consultation with the Secretary of 7. In order to help small businesses Internet Web site (address: http:// Commerce and the Administrator of the pay for the costs of filing, maintaining, www.uspto.gov/americainventsact). Small Business Administration, with and enforcing international patent Speakers selected to provide delivering a study no later than 120 applications, how effective would it be testimony at the hearing should provide days after the enactment of the Act (i.e., to establish a revolving fund loan a final written copy of their testimony by January 14, 2012) on how the program to make loans to small for inclusion in the record of the USPTO, in coordination with other businesses to defray the costs of such proceedings no later than October 21, Federal departments and agencies, can applications, maintenance, and 2011. best help small businesses with enforcement and related technical The USPTO plans to make the public international patent protection. The USPTO therefore broadly seeks assistance? hearing available via webcast. Webcast (a) Under what specific information will be available on the comments on how to address the issue of international patent protection for circumstances, if at all, would such a USPTO’s Internet Web site (address: fund be effective at helping small http://www.uspto.gov/ small businesses and whether a revolving fund loan program or a grant businesses? americainventsact) before the public (b) If such a fund would be effective, hearing. program should be established to pay for the costs of filing, maintaining, and should the fund be maintained by the Written Comments: Written comments Federal Government, and if so, through should be sent by e-mail to enforcing international patent protection. what mechanism? [email protected]. Comments (c) What criteria should be used to may also be submitted by postal mail Issues for Testimony and/or Written decide upon recipients of funding? addressed to: Saurabh Vishnubhakat, Comment: Interested members of the (d) Could the private sector be Attorney Advisor, Office of Chief public are invited to submit testimony meaningfully involved in maintaining Economist, United States Patent and and/or written comments on issues that and implementing such a fund? Trademark Office, Mail Stop External they believe relevant to international 8. In order to help small businesses Affairs, P.O. Box 1450, Alexandria, VA patent protection for small businesses. pay for the costs of filing, maintaining, 22313–1450. Although comments may The questions enumerated below are a and enforcing international patent be submitted by postal mail, the USPTO preliminary guide for gathering applications, how effective would it be prefers to receive comments via e-mail. comments on the potential legislative to establish a grant program to defray The deadline for receipt of written strategies that the USPTO should the costs of filing applications, paying comments for consideration by the recommend to Congress. The public is maintenance fees, and conducting USPTO is November 8, 2011. Written invited to answer any or all of these enforcement and to provide related comments should be identified in the questions. The tenor of the following technical assistance? subject line of the e-mail or postal questions should not be taken as an (a) Under what circumstances, if at mailing as ‘‘International Patent indication that the USPTO has taken a all, would such a program be effective Protection for Small Businesses.’’ position or is predisposed to any at helping small businesses? Because comments will be made particular views. (b) If such a grant program would be available for public inspection, 1. Overall, how important is effective, should the program be information that is not desired to be international patent protection to small maintained by the Federal Government, made public, such as an address or business? and if so, through what mechanism?

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What type of grant program, covering an opportunity to submit comments on Powder-free, Biogel, PI Indicator, what specific costs, would be most the proposed actions. Underglove, Blue, Size 7″ effective? NSN: 6515–00–NIB–0631—Gloves, Surgical, Additions Powder-free, Biogel, PI Indicator, (c) What criteria should be used to ″ If the Committee approves the Underglove, Blue, Size 7.5 decide upon recipients of grants? NSN: 6515–00–NIB–0632—Gloves, Surgical, (d) Could the private sector be proposed additions, the entities of the Powder-free, Biogel, PI Indicator, meaningfully involved in maintaining Federal Government identified in this Underglove, Blue, Size 8″ and implementing such a program? notice will be required to procure the NSN: 6515–00–NIB–0633—Gloves, Surgical, 9. If the Federal Government is products listed below from nonprofit Powder-free, Biogel, PI Indicator, limited to providing either (i) A agencies employing persons who are Underglove, Blue, Size 8″ revolving fund loan program or (ii) a blind or have other severe disabilities. NSN: 6515–00–NIB–0634—Gloves, Surgical, grant program described above, but not Powder-free, Biogel, PI Indicator, Regulatory Flexibility Act Certification Underglove, Blue, Size 9″ both, which of these options would be I certify that the following action will NSN: 6515–00–NIB–0635—Gloves, Surgical, more effective in accomplishing the Powder-free, Biogel, PI Ultratouch G, outcome of helping small businesses not have a significant impact on a Straw colored, Size 5.5″ pay for the costs of filing, maintaining, substantial number of small entities. NSN: 6515–00–NIB–0636—Gloves, Surgical, and enforcing international patent The major factors considered for this Powder-free, Biogel, PI Ultratouch G, applications? certification were: Straw colored, Size 6″ 10. Are there circumstances under 1. If approved, the action will not NSN: 6515–00–NIB–0637—Gloves, Surgical, which the Federal Government should result in any additional reporting, Powder-free, Biogel, PI Ultratouch G, recordkeeping or other compliance Straw colored, Size 6.5″ not consider establishing any of these NSN: 6515–00–NIB–0638—Gloves, Surgical, programs? requirements for small entities other than the small organizations that will Powder-free, Biogel, PI Ultratouch G, Straw colored, Size 7″ Dated: October 4, 2011. furnish the products to the Government. David J. Kappos, NSN: 6515–00–NIB–0639—Gloves, Surgical, 2. If approved, the action will result Powder-free, Biogel, PI Ultratouch G, Under Secretary of Commerce for Intellectual in authorizing small entities to furnish Straw colored, Size 7.5″ Property and Director of the United States the products to the Government. NSN: 6515–00–NIB–0640—Gloves, Surgical, Patent and Trademark Office. 3. There are no known regulatory Powder-free, Biogel, PI Ultratouch G, [FR Doc. 2011–26157 Filed 10–6–11; 8:45 am] alternatives which would accomplish Straw colored, Size 8″ BILLING CODE 3510–10–P the objectives of the Javits-Wagner- NSN: 6515–00–NIB–0641—Gloves, Surgical, Powder-free, Biogel, PI Ultratouch G, O’Day Act (41 U.S.C 8501–8506) in ″ connection with the products proposed Straw colored, Size 8.5 NSN: 6515–00–NIB–0642—Gloves, Surgical, COMMITTEE FOR PURCHASE FROM for addition to the Procurement List. Powder-free, Biogel, PI Ultratouch G, PEOPLE WHO ARE BLIND OR Comments on this certification are Straw colored, Size 9″ SEVERELY DISABLED invited. Commenters should identify the NSN: 6515–00–NIB–0643—Gloves, Surgical, statement(s) underlying the certification Powder-free, Biogel, PI Ultratouch M, Procurement List; Proposed Additions on which they are providing additional Straw colored, Size 5.5″ and Deletions information. NSN: 6515–00–NIB–0644—Gloves, Surgical, Powder-free, Biogel, PI Ultratouch M, AGENCY: Committee for Purchase From End of Certification Straw colored, Size 6″ People Who Are Blind or Severely The following products are proposed NSN: 6515–00–NIB–0645—Gloves, Surgical, Disabled. Powder-free, Biogel, PI Ultratouch M, for addition to the Procurement List for ″ ACTION: Proposed additions to and Straw colored, Size 6.5 production by the nonprofit agencies NSN: 6515–00–NIB–0646—Gloves, Surgical, deletions from the procurement list. listed: Powder-free, Biogel, PI Ultratouch M, Straw colored, Size 7″ SUMMARY: The Committee is proposing Products NSN: 6515–00–NIB–0647—Gloves, Surgical, to add products to the Procurement List Navy Retired Lapel Pin Powder-free, Biogel, PI Ultratouch M, that will be furnished by nonprofit NSN: 8455–01–591–5248—Lapel Pin, Navy Straw colored, Size 7.5″ agencies employing persons who are Retired, Dual Flag NSN: 6515–00–NIB–0648—Gloves, Surgical, blind or have other severe disabilities, NPA: Industries for the Blind, Inc., West Powder-free, Biogel, PI Ultratouch M, and deletes services previously Allis, WI Straw colored, Size 8″ furnished by such agencies. Contracting Activity: Defense Logistics NSN: 6515–00–NIB–0649—Gloves, Surgical, Powder-free, Biogel, PI Ultratouch M, DATES: Comments Must Be Received On Agency, DLA Troop Support, Straw colored, Size 8.5″ Or Before: 11/7/2011. Philadelphia, PA Coverage: C-List for 100% of the requirement NSN: 6515–00–NIB–0650—Gloves, Surgical, ADDRESSES: Committee for Purchase of the Department of the Navy, as Powder-free, Biogel, PI Ultratouch M, From People Who Are Blind or Severely aggregated by the Defense Logistics Straw colored, Size 9″ Disabled, Jefferson Plaza 2, Suite 10800, Agency Troop Support, Philadelphia, NSN: 6515–00–NIB–0651—Gloves, Surgical, 1421 Jefferson Davis Highway, PA. Powder-free, Biogel, Neoderm, Brown, ″ Arlington, Virginia 22202–3259. Size 5.5 Gloves, Surgical NSN: 6515–00–NIB–0652—Gloves, Surgical, FOR FURTHER INFORMATION OR TO SUBMIT NSN: 6515–00–NIB–0627—Gloves, Surgical, Powder-free, Biogel, Neoderm, Brown, COMMENTS CONTACT: Barry S. Lineback, Powder-free, Biogel, PI Indicator, Size 6″ Telephone: (703) 603–7740, Fax: (703) Underglove, Blue, Size 5.5″ NSN: 6515–00–NIB–0653—Gloves, Surgical, 603–0655, or e-mail NSN: 6515–00–NIB–0628—Gloves, Surgical, Powder-free, Biogel, Neoderm, Brown, [email protected]. Powder-free, Biogel, PI Indicator, Size 6.5″ Underglove, Blue, Size 6″ NSN: 6515–00–NIB–0654—Gloves, Surgical, SUPPLEMENTARY INFORMATION: This NSN: 6515–00–NIB–0629—Gloves, Surgical, Powder-free, Biogel, Neoderm, Brown, notice is published pursuant to 41 U.S.C Powder-free, Biogel, PI Indicator, Size 7″ 8503(a)(2) and 41 CFR 51–2.3. Its Underglove, Blue, Size 6.5″ NSN: 6515–00–NIB–0655—Gloves, Surgical, purpose is to provide interested persons NSN: 6515–00–NIB–0630—Gloves, Surgical, Powder-free, Biogel, Neoderm, Brown,

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Size 7.5″ NSN: 6515–00–NIB–0681—Gloves, Surgical, colored, Size 6″ NSN: 6515–00–NIB–0656—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0708—Gloves, Surgical, Powder-free, Biogel, Neoderm, Brown, Hydrasoft, Green, Size 9″ Powder free, Sensicare SLT, cream- Size 8″ NSN: 6515–00–NIB–0682—Gloves, Surgical, colored, Size 6.5″ NSN: 6515–00–NIB–0657—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0709—Gloves, Surgical, Powder-free, Biogel, Neoderm, Brown, Micro, White, Size 5.5″ Powder free, Sensicare SLT, cream- Size 8.5″ NSN: 6515–00–NIB–0683—Gloves, Surgical, colored, Size 7″ NSN: 6515–00–NIB–0658—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0710—Gloves, Surgical, Powder-free, Biogel, Neoderm, Brown, Micro, White, Size 6″ Powder free, Sensicare SLT, cream- Size 9″ NSN: 6515–00–NIB–0684—Gloves, Surgical, colored, Size 7.5″ NSN: 6515–00–NIB–0659—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0711—Gloves, Surgical, Powder-free, Derma Prene, Isotouch Micro, White, Size 6.5″ Powder free, Sensicare SLT, cream- Ortho, Green, Size 6″ NSN: 6515–00–NIB–0685—Gloves, Surgical, colored, Size 8″ NSN: 6515–00–NIB–0660—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0712—Gloves, Surgical, Powder-free, Derma Prene, Isotouch Micro, White, Size 7″ Powder free, Sensicare SLT, cream- Ortho, Green, Size 6.5″ NSN: 6515–00–NIB–0686—Gloves, Surgical, colored, Size 8.5″ NSN: 6515–00–NIB–0661—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0713—Gloves, Surgical, Powder-free, Derma Prene, Isotouch Micro, White, Size 7.5″ Powder free, Sensicare SLT, cream- Ortho, Green, Size 7″ NSN: 6515–00–NIB–0687—Gloves, Surgical, colored, Size 9″ NSN: 6515–00–NIB–0662—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0773—Gloves, Surgical, Powder-free, Derma Prene, Isotouch Micro, White, Size 8″ Powder free, Sensicare Ortho, White, Ortho, Green, Size 7.5″ NSN: 6515–00–NIB–0688—Gloves, Surgical, Size 5.5″ NSN: 6515–00–NIB–0663—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0714—Gloves, Surgical, Powder-free, Derma Prene, Isotouch Micro, White, Size 8.5″ Powder free, Sensicare Ortho, White, Ortho, Green, Size 8″ NSN: 6515–00–NIB–0689—Gloves, Surgical, Size 6″ NSN: 6515–00–NIB–0664—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0715—Gloves, Surgical, Powder-free, Derma Prene, Isotouch Micro, White, Size 9″ Powder free, Sensicare Ortho, White, Ortho, Green, Size 8.5″ NSN: 6515–00–NIB–0690—Gloves, Surgical, Size 6.5″ NSN: 6515–00–NIB–0665—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0716—Gloves, Surgical, Powder-free, Derma Prene, Isotouch White, White, Size 5.5″ Powder free, Sensicare Ortho, White, Ortho, Green, Size 9″ NSN: 6515–00–NIB–0691—Gloves, Surgical, Size 7″ NSN: 6515–00–NIB–0666—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0717—Gloves, Surgical, Powder-free, Derma Prene, Isotouch White, White, Size 6″ Powder free, Sensicare Ortho, White, Micro, Green, Size 5.5″ NSN: 6515–00–NIB–0692—Gloves, Surgical, Size 7.5″ NSN: 6515–00–NIB–0667—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0718—Gloves, Surgical, Powder-free, Derma Prene, Isotouch White, White, Size 6.5″ Powder free, Sensicare Ortho, White, Micro, Green, Size 6″ NSN: 6515–00–NIB–0693—Gloves, Surgical, Size 8.0″ NSN: 6515–00–NIB–0668—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0719—Gloves, Surgical, Powder-free, Derma Prene, Isotouch White, White, Size 7″ Powder free, Sensicare Ortho, White, Micro, Green, Size 6.5″ NSN: 6515–00–NIB–0694—Gloves, Surgical, Size 8.5″ NSN: 6515–00–NIB–0669—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0720—Gloves, Surgical, Powder-free, Derma Prene, Isotouch White, White, Size 7.5″ Powder free, Sensicare Ortho, White, Micro, Green, Size 7″ NSN: 6515–00–NIB–0695—Gloves, Surgical, Size 9″ NSN: 6515–00–NIB–0670—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0721—Gloves, Surgical, Powder-free, Derma Prene, Isotouch White, White, Size 8″ Powder-free, Esteem Micro, Light Blue, Micro, Green, Size 7.5″ NSN: 6515–00–NIB–0696—Gloves, Surgical, Size 5.5″ NSN: 6515–00–NIB–0671—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0722—Gloves, Surgical, Powder-free, Derma Prene, Isotouch White, White, Size 8.5″ Powder-free, Esteem Micro, Light Blue, Micro, Green, Size 8″ NSN: 6515–00–NIB–0697—Gloves, Surgical, Size 6″ NSN: 6515–00–NIB–0672—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0723—Gloves, Surgical, Powder-free, Derma Prene, Isotouch White, White, Size 9″ Powder-free, Esteem Micro, Light Blue, Micro, Green, Size 8.5″ NSN: 6515–00–NIB–0698—Gloves, Surgical, Size 6.5″ NSN: 6515–00–NIB–0673—Gloves, Surgical, Powder-free, Neolon 2G, Brown, Size NSN: 6515–00–NIB–0724—Gloves, Surgical, Powder-free, Derma Prene, Isotouch 5.5″ Powder-free, Esteem Micro, Light Blue, Micro, Green, Size 9″ NSN: 6515–00–NIB–0699—Gloves, Surgical, Size 7″ NSN: 6515–00–NIB–0674—Gloves, Surgical, Powder-free, Neolon 2G, Brown, Size 6″ NSN: 6515–00–NIB–0725—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0700—Gloves, Surgical, Powder-free, Esteem Micro, Light Blue, Hydrasoft, Green, Size 5.5″ Powder-free, Neolon 2G, Brown, Size Size 7.5″ NSN: 6515–00–NIB–0675—Gloves, Surgical, 6.5″ NSN: 6515–00–NIB–0774—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0701—Gloves, Surgical, Powder-free, Esteem Micro, Light Blue, Hydrasoft, Green, Size 6″ Powder-free, Neolon 2G, Brown, Size 7″ Size 8″ NSN: 6515–00–NIB–0676—Gloves, Surgical, NSN: 6515–00–NIB–0702—Gloves, Surgical, NSN: 6515–00–NIB–0726—Gloves, Surgical, Powder-free, Derma Prene, Isotouch Powder-free, Neolon 2G, Brown, Size Powder-free, Esteem Micro, Light Blue, Hydrasoft, Green, Size 6.5″ 7.5″ Size 8.5″ NSN: 6515–00–NIB–0677—Gloves, Surgical, NSN: 6515–00–NIB–0703—Gloves, Surgical, NSN: 6515–00–NIB–0727—Gloves, Surgical, Powder-free, Derma Prene, Isotouch Powder-free, Neolon 2G, Brown, Size 8″ Powder-free, Esteem Micro, Light Blue, Hydrasoft, Green, Size 7″ NSN: 6515–00–NIB–0704—Gloves, Surgical, Size 9″ NSN: 6515–00–NIB–0678—Gloves, Surgical, Powder-free, Neolon 2G, Brown, Size NSN: 6515–00–NIB–0728—Gloves, Surgical, Powder-free, Derma Prene, Isotouch 8.5″ Powder-free, Esteem Ortho, Green, Size Hydrasoft, Green, Size 7.5″ NSN: 6515–00–NIB–0705—Gloves, Surgical, 6.0″ NSN: 6515–00–NIB–0679—Gloves, Surgical, Powder-free, Neolon 2G, Brown, Size 9″ NSN: 6515–00–NIB–0729—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0706—Gloves, Surgical, Powder-free, Esteem Ortho, Green, Size Hydrasoft, Green, Size 8″ Powder free, Sensicare SLT, cream- 6.5″ NSN: 6515–00–NIB–0680—Gloves, Surgical, colored, Size 5.5″ NSN: 6515–00–NIB–0730—Gloves, Surgical, Powder-free, Derma Prene, Isotouch NSN: 6515–00–NIB–0707—Gloves, Surgical, Powder-free, Esteem Ortho, Green, Size Hydrasoft, Green, Size 8.5″ Powder free, Sensicare SLT, cream- 7″

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NSN: 6515–00–NIB–0731—Gloves, Surgical, NSN: 6515–00–NIB–0758—Gloves, Surgical, Bureau of Investigation, Washington, DC ″ Powder-free, Esteem Ortho, Green, Size Powder-free, Eudermic, Brown, Size 6 Service Type/Location: Laundry Service, ″ 7.5 NSN: 6515–00–NIB–0759—Gloves, Surgical, Stratton Medical Center, 113 Holland ″ NSN: 6515–00–NIB–0732—Gloves, Surgical, Powder-free, Eudermic, Brown, Size 6.5 Ave, Albany, NY Powder-free, Esteem Ortho, Green, Size NSN: 6515–00–NIB–0760—Gloves, Surgical, NPA: Uncle Sam’s House, Inc., Schenectady, ″ ″ 8 Powder-free, Eudermic, Brown, Size 7 NY NSN: 6515–00–NIB–0733—Gloves, Surgical, NSN: 6515–00–NIB–0761—Gloves, Surgical, Contracting Activity: Department of Veterans ″ Powder-free, Esteem Ortho, Green, Size Powder-free, Eudermic, Brown, Size 7.5 Affairs, NAC, Hines, IL 8.5″ NSN: 6515–00–NIB–0762—Gloves, Surgical, Service Type/Location: Janitorial/Custodial, NSN: 6515–00–NIB–0734—Gloves, Surgical, Powder-free, Eudermic, Brown, Size 8″ Social Security Administration District, Powder-free, Esteem Ortho, Green, Size NSN: 6515–00–NIB–0763—Gloves, Surgical, 686 Nye Avenue—Office Building, 9″ Powder-free, Eudermic, Brown, Size 8.5″ Irvington, NJ NSN: 6515–00–NIB–0735—Gloves, Surgical, NSN: 6515–00–NIB–0764—Gloves, Surgical, NPA: The First Occupational Center of New Powder-free, Biogel, Orthopro Indicator, Powder-free, Eudermic, Brown, Size 9″ Jersey, Orange, NJ Underglove, Green, Size 6″ NSN: 6515–00–NIB–0765—Gloves, Surgical, Contracting Activity: GSA/Public Buildings NSN: 6515–00–NIB–0736—Gloves, Surgical, Powder-free, OR Classic, White, Size 5.5″ Service, Newark, NJ Powder-free, Biogel, Orthopro Indicator, NSN: 6515–00–NIB–0766—Gloves, Surgical, Underglove, Green, Size 6.5″ Powder-free, OR Classic, White, Size 6″ Service Type/Location: Janitorial/Custodial, NSN: 6515–00–NIB–0737—Gloves, Surgical, NSN: 6515–00–NIB–0767—Gloves, Surgical, USCG, Sandy Hook Detachment, 20 Powder-free, Biogel, Orthopro Indicator, Powder-free, OR Classic, White, Size 6.5″ Crispin Road, Highlands, NJ ″ Underglove, Green, Size 7 NSN: 6515–00–NIB–0768—Gloves, Surgical, NPA: The Center for Vocational NSN: 6515–00–NIB–0738—Gloves, Surgical, Powder-free, OR Classic, White, Size 7″ Rehabilitation, Inc., Eatontown, NJ Powder-free, Biogel, Orthopro Indicator, NSN: 6515–00–NIB–0769—Gloves, Surgical, Contracting Activity: U.S. Coast Guard, ″ Underglove, Green, Size 7.5 Powder-free, OR Classic, White, Size 7.5″ Department of Homeland Security NSN: 6515–00–NIB–0739—Gloves, Surgical, NSN: 6515–00–NIB–0770—Gloves, Surgical, Service Type/Location: Janitorial/Custodial, Powder-free, Biogel, Orthopro Indicator, Powder-free, OR Classic, White, Size 8″ ″ Buildings 1830, 1807, 2155, 4050 and Underglove, Green, Size 8 NSN: 6515–00–NIB–0771—Gloves, Surgical, 427, Fort Polk, LA NSN: 6515–00–NIB–0740—Gloves, Surgical, Powder-free, OR Classic, White, Size 8.5″ NPA: Vernon Sheltered Workshop, Inc., Powder-free, Biogel, Orthopro Indicator, NSN: 6515–00–NIB–0772—Gloves, Surgical, ″ Leesville, LA Underglove, Green, Size 8.5 Powder-free, OR Classic, White, Size 9″ Contracting Activity: Dept. of the Army, NSN: 6515–00–NIB–0741—Gloves, Surgical, NPA: Bosma Industries for the Blind, Inc., W6QM Ft. Polk DOC, Fort Polk, LA Powder-free, Biogel, Orthopro Indicator, Indianapolis, IN ″ Underglove, Green, Size 9 Contracting Activity: Department of Veterans Barry S. Lineback, NSN: 6515–00–NIB–0742—Gloves, Surgical, Affairs, National Acquisition Center, Director, Business Operations. Powder-free, Biogel, Orthopro, Hines, IL ″ [FR Doc. 2011–26019 Filed 10–6–11; 8:45 am] Overglove, Straw colored, Size 6 Coverage: C–List for 100% of the requirement BILLING CODE 6353–01–P NSN: 6515–00–NIB–0743—Gloves, Surgical, of the Department of Veterans Affairs as Powder-free, Biogel, Orthopro, aggregated by the Department of ″ Overglove, Straw colored, Size 6.5 Veterans Affairs National Acquisition NSN: 6515–00–NIB–0744—Gloves, Surgical, Center, Hines, IL. Powder-free, Biogel, Orthopro, CONSUMER PRODUCT SAFETY Overglove, Straw colored, Size 7″ Deletions COMMISSION NSN: 6515–00–NIB–0745—Gloves, Surgical, Powder-free, Biogel, Orthopro, Regulatory Flexibility Act Certification Sunshine Act Meeting Notice Overglove, Straw colored, Size 7.5″ I certify that the following action will NSN: 6515–00–NIB–0746—Gloves, Surgical, not have a significant impact on a TIME AND DATE: Wednesday, October 12, Powder-free, Biogel, Orthopro, substantial number of small entities. 2011, 9 a.m.–12 p.m. Overglove, Straw colored, Size 8″ The major factors considered for this PLACE: Room 420, Bethesda Towers, NSN: 6515–00–NIB–0747—Gloves, Surgical, certification were: Powder-free, Biogel, Orthopro, 4330 East West Highway, Bethesda, Overglove, Straw colored, Size 8.5″ 1. If approved, the action will not Maryland. NSN: 6515–00–NIB–0748—Gloves, Surgical, result in additional reporting, STATUS: Commission Meeting—Open to Powder-free, Biogel, Orthopro, recordkeeping or other compliance the Public. Overglove, Straw colored, Size 9″ requirements for small entities. NSN: 6515–00–NIB–0749—Gloves, Surgical, 2. If approved, the action may result Matters To Be Considered Powder-free, Triumph LT, White, Size in authorizing small entities to furnish Decisional Matters 5.5″ the services to the Government. NSN: 6515–00–NIB–0750—Gloves, Surgical, 3. There are no known regulatory (1) Testing & Certification/Components ″ Powder-free, Triumph LT, White, Size 6 alternatives which would accomplish Parts Final Rules; NSN: 6515–00–NIB–0751—Gloves, Surgical, the objectives of the Javits-Wagner- (2) Representative—Notice of Proposed Powder-free, Triumph LT, White, Size ″ O’Day Act (41 U.S.C. 8501–8506) in Rulemaking; and 6.5 (3) Federal Register Notice on HR2715 NSN: 6515–00–NIB–0752—Gloves, Surgical, connection with the services proposed Powder-free, Triumph LT, White, Size 7″ for deletion from the Procurement List. Questions. A live webcast of the Meeting can be NSN: 6515–00–NIB–0753—Gloves, Surgical, End of Certification Powder-free, Triumph LT, White, Size viewed at http://www.cpsc.gov/webcast. 7.5″ The following services are proposed For a recorded message containing the NSN: 6515–00–NIB–0754—Gloves, Surgical, for deletion from the Procurement List: latest agenda information, call (301) Powder-free, Triumph LT, White, Size 8″ 504–7948. NSN: 6515–00–NIB–0755—Gloves, Surgical, Services CONTACT PERSON FOR MORE INFORMATION: Powder-free, Triumph LT, White, Size Service Type/Location: Janitorial/Custodial, 8.5″ FBI Information Technology Center, Todd A. Stevenson, Office of the NSN: 6515–00–NIB–0756—Gloves, Surgical, 1203 Nealis Avenue, Fort Monmouth, NJ Secretary, U.S. Consumer Product Powder-free, Triumph LT, White, Size 9″ NPA: The Center for Vocational Safety Commission, 4330 East West NSN: 6515–00–NIB–0757—Gloves, Surgical, Rehabilitation, Inc., Eatontown, NJ Highway, Bethesda, MD 20814, (301) Powder-free, Eudermic, Brown, Size 5.5″ Contracting Activity: Dept of Just/Federal 504–7923.

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Dated: October 4, 2011. FOR FURTHER INFORMATION CONTACT: records notices subject to the Privacy Todd A. Stevenson, Christen Goulding, Protocol Director, Act of 1974 (5 U.S.C. 552a), as amended, Secretariat. DAU. Phone: 703–805–5134. Fax: 703– have been published in the Federal [FR Doc. 2011–26094 Filed 10–5–11; 11:15 am] 805–5940. E-mail: Register and are available from the BILLING CODE 6355–01–P [email protected]. address in FOR FURTHER INFORMATION Dated: October 3, 2011. CONTACT. The Office of the Secretary of Defense Aaron Siegel, CONSUMER PRODUCT SAFETY proposes to delete one system of records Alternate OSD Federal Register Liaison notice from its inventory of record COMMISSION Officer, Department of Defense. systems subject to the Privacy Act of Sunshine Act Meeting Notice [FR Doc. 2011–26025 Filed 10–6–11; 8:45 am] 1974 (5 U.S.C. 552a), as amended. The BILLING CODE 5001–06–P proposed deletion is not within the TIME AND DATE: Wednesday, October 12, purview of subsection (r) of the Privacy 2011; 2 p.m.–3 p.m. Act of 1974 (5 U.S.C. 552a), as amended, DEPARTMENT OF DEFENSE PLACE: Hearing Room 420, Bethesda which requires the submission of a new Towers, 4330 East West Highway, Office of the Secretary or altered system report. Bethesda, Maryland. Dated: October 4, 2011. [Docket ID: DOD–2011–OS–0109] STATUS: Closed to the Public. Aaron Siegel, Matter To Be Considered Privacy Act of 1974; System of Alternate OSD Federal Register Liaison Records Officer, Department of Defense. Compliance Status Report AGENCY: Office of the Secretary, DELETION: The Commission staff will brief the Department of Defense (DoD). Commission on the status of compliance DMDC 14 ACTION: Notice to Delete a System of matters. For a recorded message Health Record Tracking System Records. containing the latest agenda (HRTS) (December 27, 2010, 75 FR information, call (301) 504–7948. SUMMARY: The Office of the Secretary of 81246). CONTACT PERSON FOR MORE INFORMATION: Defense is deleting a systems of record REASON: Todd A. Stevenson, Office of the notice from its existing inventory of Based on a review of system of Secretary, U.S. Consumer Product record systems subject to the Privacy records notice, DMDC 14, it was Safety Commission, 4330 East West Act of 1974 (5 U.S.C. 552a), as amended. Highway, Bethesda, MD 20814, (301) determined that this system is no longer DATES: This proposed action will be 504–7923. being used. Following the National effective without further notice on Archives and Records Administration Dated: October 4, 2011. November 7, 2011 unless comments are retention and disposal schedule, all Todd A Stevenson, received which result in a contrary records have been destroyed. Secretariat. determination. [FR Doc. 2011–25984 Filed 10–6–11; 8:45 am] [FR Doc. 2011–26096 Filed 10–5–11; 11:15 am] ADDRESSES: You may submit comments, BILLING CODE 5001–06–P BILLING CODE 6355–01–P identified by docket number and title, by any of the following methods: * Federal Rulemaking Portal: http:// DEPARTMENT OF EDUCATION DEPARTMENT OF DEFENSE www.regulations.gov. Follow the instructions for submitting comments. Equity and Excellence Commission Office of the Secretary * Mail: Federal Docket Management AGENCY: Office for Civil Rights, U.S. System Office, 4800 Mark Center Drive, Department of Education. Meeting of the Defense Acquisition East Tower, 2nd Floor, Suite 02G09, ACTION: Notice of An Open Meeting. University Board of Visitors; Alexandria, VA 22350–3100. Cancellation Instructions: All submissions received SUMMARY: This notice sets forth the must include the agency name and schedule and proposed agenda of an up- AGENCY: Defense Acquisition University docket number for this Federal Register coming meeting of the Equity and (DAU), Department of Defense (DoD). document. The general policy for Excellence Commission (Commission). ACTION: Notice; cancellation. comments and other submissions from The notice also describes the functions members of the public is to make these of the Commission. Notice of this SUMMARY: On September 22, 2011 (76 submissions available for public meeting is required by section 10(a)(2) FR 58786), the Defense Acquisition viewing on the Internet at http:// of the Federal Advisory Committee Act University Board of Visitors announced www.regulations.gov as they are (FACA) and is intended to notify the a meeting to be held Thursday, October received without change, including any public of their opportunity to attend. 13, 2011, from 8:30 a.m. to 11:45 a.m. personal identifiers or contact DATES: October 26, 2011. at the Hirsch Center, Building 226, information. Defense Acquisition University, 9820 TIME: 9:00 a.m. to 5:30 p.m. Eastern Belvoir Road in Fort Belvoir, Virginia. FOR FURTHER INFORMATION CONTACT: Mrs. Standard Time. Pursuant to the Federal Advisory Cindy Allard, Chief, OSD/JS Privacy ADDRESSES: The Commission will meet Committee Act of 1972 (5 U.S.C., Office, Freedom of Information in Washington, DC at United States Appendix, as amended), the Directorate, Washington Headquarters Department of Education at 400 Government in the Sunshine Act of Services, 1155 Defense Pentagon, Maryland Avenue, SW., Washington, 1976 (5 U.S.C. 552b, as amended), and Washington, DC 20301–1155, or by DC 20202, in Room 1W105/108. 41 CFR 102–3.150, the Department of phone at (571) 372–0461. FOR FURTHER INFORMATION CONTACT: Jim Defense announces that this meeting is SUPPLEMENTARY INFORMATION: The Office Eichner, Designated Federal Official, cancelled due to scheduling conflicts. of the Secretary of Defense systems of Equity and Excellence Commission,

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U.S. Department of Education, 400 Washington, DC 20202 from the hours FOR FURTHER INFORMATION CONTACT: Maryland Avenue, SW., Washington, of 9 a.m. to 5 p.m. Eastern Standard Requests for additional information or DC 20202. E-mail: Time. copies of the information collection [email protected]. Telephone: instrument and instructions should be Sandra Battle, (202) 453–5945. directed to Matthew Grosso at Deputy Assistant Secretary for Enforcement, [email protected], or http:// SUPPLEMENTARY INFORMATION: On Office for Civil Rights. energy.gov/oe/technology-development/ October 26th, 2011 from 9:00 a.m. to [FR Doc. 2011–25983 Filed 10–6–11; 8:45 am] 5:30 p.m. Eastern Standard Time, the smart-grid/recovery-act-smart-grid- BILLING CODE 4000–01–P Equity and Excellence Commission will investment-grants/smart-grid- hold an open meeting in Washington, investment. DC in room 1W105/108 at the U.S. DEPARTMENT OF ENERGY SUPPLEMENTARY INFORMATION: This Department of Education’s main information collection request contains: building at 400 Maryland Avenue, SW., Proposed Agency Information (1) OMB No.: 1910–5149; (2) Washington, DC 20202. Collection Information Collection Request Title: OE The purpose of the Commission is to Recovery Act Financial Assistance collect information, analyze issues, and AGENCY: U.S. Department of Energy. Grants; (3) Type of Request: Three-year obtain broad public input regarding how ACTION: Notice and Request for extension of a prior request; (4) Purpose: the Federal government can increase Comments. To collect information on the status of educational opportunity by improving SUMMARY: The Department of Energy grantee activities, expenditures, and school funding equity. The Commission (DOE) invites public comment on DOE’s results, to ensure that program funds are will also make recommendations for request the Office of Management and being used appropriately, effectively restructuring school finance systems to Budget (OMB) to extend for three years and expeditiously (especially important achieve equity in the distribution of the emergency Information Collection for Recovery Act funds); (5) Annual educational resources and further Request Title: OE Recovery Act Estimated Number of Respondents: 138; student performance, especially for the Financial Assistance Grants, OMB (6) Annual Estimated Number of Total students at the lower end of the Control No. 1910–5149 that DOE is Responses: 1,656; (7) Annual Estimated achievement gap. The Commission will submitting to OMB pursuant to the Number of Burden Hours: 26,496; (8) examine the disparities in meaningful Paperwork Reduction Act of 1995. Annual Estimated Reporting and educational opportunities that give rise Comments are invited on: (a) Whether Recordkeeping Cost Burden: $483,000 to the achievement gap, with a focus on the proposed collection of information for the first year, $138,000 each systems of finance, and recommend is necessary for the proper performance subsequent year. appropriate ways in which Federal of the functions of the agency, including Authority: Title V, Subtitle E of the Energy policies could address such disparities. whether the information shall have Independence and Security Act (EISA), Pub. The agenda for the Commission’s practical utility; (b) the accuracy of the L. 110–140. October 26 meeting will include agency’s estimate of the burden of the Issued in Washington, DC on October 3, discussion of particular language for proposed collection of information, 2011. certain portions of the report and including the validity of the Terri T. Lee, reaching consensus on particular methodology and assumptions used; (c) recommendations. Due to time Chief Operating Officer, Electricity Delivery ways to enhance the quality, utility, and and Energy Reliability. constraints, there will not be a public clarity of the information to be [FR Doc. 2011–26061 Filed 10–6–11; 8:45 am] comment period, but, individuals collected; and (d) ways to minimize the wishing to provide comments may BILLING CODE 6450–01–P burden of the collection of information contact the Equity Commission via e- on respondents, including through the mail at [email protected]. For use of automated collection techniques DEPARTMENT OF ENERGY comments related to the upcoming or other forms of information meeting, please submit comments no technology. Federal Energy Regulatory later than October 19, 2011. Commission Individuals interested in attending the DATES: Comments regarding this meeting must register in advance proposed information collection must [Docket No. CP11–547–000] because seating may be limited. Please be received on or before November 7, 2011. If you anticipate difficulty in Natural Gas Pipeline Company of contact Jim Eichner at (202) 453–5945 or America LLC; Notice of Application by e-mail at [email protected]. submitting comments within that Individuals who will need period, contact the person listed in Take notice that on September 20, accommodations for a disability in order ADDRESSES as soon as possible. 2011, Natural Gas Pipeline Company of to attend the meeting (e.g., interpreting ADDRESSES: Written comments may be America LLC (Natural), 3250 Lacey services, assistive listening devices, or sent to: Road, 7th Floor, Downers Grove, Illinois materials in alternative format) should Matthew Grosso, Program Analyst, U.S. 60515–7918, filed in Docket Number notify Jim Eichner at (202) 245–5945 no Department of Energy, OE/Forrestal CP11–547–000, pursuant to sections later than October 19, 2011. We will Building, 1000 Independence Ave., 7(b) and 7(c) of the Natural Gas Act attempt to meet requests for SW., Washington, DC 20585 or by fax (NGA), an application to abandon and accommodations after this date but at 202–586–5860, or by e-mail at construct certain facilities located in cannot guarantee their availability. The [email protected]; and Washington County, Iowa; Effingham, meeting site is accessible to individuals DOE Desk Officer, Office of Information Clinton, and Piatt Counties, Illinois; and with disabilities. and Regulatory Affairs, Office of Harrison County, Texas. Natural’s Records are kept of all Commission Management and Budget, New proposal is referred to as the 2012 NGPL proceedings and are available for public Executive Office Building, Room Storage Optimization Project. The inspection at the Department of 10102, 725 17th Street, NW., project has a total cost $57,585,839 plus Education, 400 Maryland Avenue, SW., Washington, DC 20503. $6,292,904 for the proposed

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abandonment, and Natural proposes issued, it will indicate, among other and will be notified of meetings rolled-in treatment for the costs of the milestones, the anticipated date for the associated with the Commission’s project. This filing is available for Commission staff’s issuance of the final environmental review process. review at the Commission in the Public environmental impact statement (FEIS) Environmental commenters will not be Reference Room or may be viewed on or EA for this proposal. The filing of the required to serve copies of filed the Commission’s Web site at http:// EA in the Commission’s public record documents on all other parties. www.ferc.gov using the ‘‘eLibrary’’ link. for this proceeding or the issuance of a However, the non-party commenters Enter the docket number excluding the Notice of Schedule for Environmental will not receive copies of all documents last three digits in the docket number Review will serve to notify Federal and filed by other parties or issued by the field to access the document. For State agencies of the timing for the Commission (except for the mailing of assistance, please contact FERC Online completion of all necessary reviews, and environmental documents issued by the Support at the subsequent need to complete all Commission) and will not have the right [email protected] or toll Federal authorizations within 90 days of to seek court review of the free at (866)208–3676, or for TTY, the date of issuance of the Commission Commission’s final order. contact (202) 502–8659. staff’s FEIS or EA. Motions to intervene, protests and The 2012 NGPL Storage Optimization There are two ways to become comments may be filed electronically Project includes the following: involved in the Commission’s review of via the Internet in lieu of paper; see, (1) In Washington County, Iowa, at its this project. First, any person wishing to 18 CFR 385.2001(a)(1)(iii) and the Compressor Station No. 205 (CS 205), obtain legal status by becoming a party instructions on the Commission’s Web Natural proposes to construct a new to the proceedings for this project site under the ‘‘e-Filing’’ link. The 3,550 horsepower (hp) gas fired should, on or before the below listed Commission strongly encourages compressor unit, abandon dual 6-inch comment date, file with the Federal electronic filings. meter runs, and install new dual 10- Energy Regulatory Commission, 888 Comment Date: October 21, 2011. inch meter runs. At its Keota St. Peter First Street, NE., Washington, DC 20426, Dated: September 30, 2011. Reservoir, Natural proposes to increase a motion to intervene in accordance the peak day withdrawal at full with the requirements of the Kimberly D. Bose, inventory by 35 MMcf/d for a total peak Commission’s Rules of Practice and Secretary. day withdrawal rate of 100 MMcf/d. Procedure (18 CFR 385.214 or 385.211) [FR Doc. 2011–25961 Filed 10–6–11; 8:45 am] (2) In Effingham County, Illinois, and the Regulations under the NGA BILLING CODE 6717–01–P Natural proposes to construct a new (18 CFR 157.10). A person obtaining ‘‘greenfield’’ compressor station party status will be placed on the (CS 206A) consisting of a 22,000 hp service list maintained by the Secretary DEPARTMENT OF ENERGY electric motor driven centrifugal of the Commission and will receive Federal Energy Regulatory compressor unit, and associated copies of all documents filed by the Commission facilities. applicant and by all other parties. A (3) In Clinton County, Illinois, Natural party must submit 14 copies of filings [Docket No. EL11–66–000] proposes to abandon in place two 2,800 made with the Commission and must hp gas fired compressor units at CS 310. mail a copy to the applicant and to Martha Coakley, Attorney General of (4) In Piatt County, Illinois, Natural every other party in the proceeding. the Commonwealth of Massachusetts, proposes to abandon in place three Only parties to the proceeding can ask Connecticut Public Utilities Regulatory 2,800 hp gas fired compressor units at for court review of Commission orders Authority, et al. v. Bangor Hydro- CS 311; and in the proceeding. Electric Company, Central Maine (5) In Harrison County, Texas, Natural However, a person does not have to Power Company, et al.; Notice of proposes to reduce the cushion gas intervene in order to have comments Complaint inventory by 5 Bcf at its North Lansing considered. The second way to Storage Field and retain the 5 Bcf of Martha Coakley, Attorney General of the participate is by filing with the Commonwealth of Massachusetts, cushion gas capacity for operational Secretary of the Commission, as soon as Connecticut Public Utilities Regulatory needs, without changing the certificated possible, an original and two copies of Authority, Massachusetts Department of total capacity, certificated working gas comments in support of or in opposition Public Utilities, New Hampshire Public capacity, or certificated cushion gas to this project. The Commission will Utilities Commission, George Jepsen, capacity of the field. consider these comments in Attorney General of the State of Connecticut, Any questions regarding this determining the appropriate action to be Connecticut Office of Consumer Counsel, Application should be directed to Bruce taken, but the filing of a comment alone Maine Office of the Public Advocate, New H. Newsome, Vice President, Natural will not serve to make the filer a party Hampshire Office of the Consumer Advocate, Gas Pipeline Company of America, LLC, Rhode Island Division of Public Utilities and to the proceeding. The Commission’s Carriers, Vermont Department of Public 3250 Lacey Road, 7th Floor, Downers rules require that persons filing Service, Massachusetts Municipal Wholesale Grove, Illinois 60515–7918, phone comments in opposition to the project Electric Company, Associated Industries of (630) 725–3070 or provide copies of their protests only to Massachusetts, The Energy Consortium, [email protected]. the party or parties directly involved in Power Options, Inc., Industrial Energy Pursuant to section 157.9 of the the protest. Consumer Group v. Bangor Hydro-Electric Commission’s rules, 18 CFR 157.9, Persons who wish to comment only Company, Central Maine Power Company, within 90 days of this Notice the on the environmental review of this New England Power Company, New Commission staff will either: complete project should submit an original and Hampshire Transmission LLC, Northeast its environmental assessment (EA) and two copies of their comments to the Utilities Service Company, on behalf of its operating company affiliates: The place it into the Commission’s public Secretary of the Commission. Connecticut Light and Power Company, record (eLibrary) for this proceeding, or Environmental commenters will be Western Massachusetts Electric Company, issue a Notice of Schedule for placed on the Commission’s Public Service Company of New Hampshire, Environmental Review. If a Notice of environmental mailing list, will receive NSTAR Electric & Gas Corporation, The Schedule for Environmental Review is copies of the environmental documents, United Illuminating Company, Unitil Energy

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Systems, Inc., Fitchburg Gas and Electric the regulatory agencies the State Commission) has prepared an Light Company, Vermont Transco, LLC, ISO Complainants reasonably expect to be environmental assessment (EA) for the New England Inc. affected by this Complaint. Mountain Pass Lateral Project proposed Notice of Complaint Any person desiring to intervene or to by Kern River Gas Transmission protest this filing must file in Company (Kern River) in the above- Take notice that on September 30, accordance with Rules 211 and 214 of referenced docket. Kern River requests 2011, Pursuant to sections 206 and 306 of the Federal Power Act (‘‘FPA’’), 16 the Commission’s Rules of Practice and authorization to construct and operate a U.S.C. 824e and 825e and Rule 206 of Procedure (18 CFR 385.211 and natural gas pipeline to provide service the Rules of Practice and Procedure of 385.214). Protests will be considered by to a Molycorp Minerals, LLC facility in the Federal Energy Regulatory the Commission in determining the California. Commission (Commission), 18 CFR appropriate action to be taken, but will The proposed Mountain Pass Lateral 385.206 (2011), Martha Coakley, not serve to make protestants parties to Project includes approximately 8.6 Attorney General of the Commonwealth the proceeding. Any person wishing to miles of 8-inch-diameter lateral 1 of Massachusetts (Massachusetts become a party must file a notice of pipeline, a pig launcher and receiver, Attorney General), Connecticut Public intervention or motion to intervene, as and a tap and meter station. The project Utilities Regulatory Authority (CT appropriate. The Respondent’s answer would be located in eastern San PURA), Massachusetts Department of and all interventions, or protests must Bernardino County, California. Public Utilities (Mass DPU), New be filed on or before the comment date. The EA assesses the potential Hampshire Public Utilities Commission The Respondent’s answer, motions to environmental effects of the (NH PUC), George Jepsen, Attorney intervene, and protests must be served construction and operation of the General of the State of Connecticut on the Complainants. Mountain Pass Lateral Project in (Connecticut Attorney General), The Commission encourages accordance with the requirements of the Connecticut Office of Consumer electronic submission of protests and National Environmental Policy Act of Counsel, Maine Office of the Public interventions in lieu of paper using the 1969 (NEPA). The FERC staff concludes Advocate, New Hampshire Office of the ‘‘eFiling’’ link at http://www.ferc.gov. that approval of the proposed project, Consumer Advocate, (NH OCA), Rhode Persons unable to file electronically with appropriate mitigating measures, Island Division of Public Utilities and should submit an original and 14 copies would not constitute a major Federal Carriers, Vermont Department of Public of the protest or intervention to the action significantly affecting the quality Service (VDPS), Massachusetts Federal Energy Regulatory Commission, of the human environment. Municipal Wholesale Electric Company 888 First Street, NE., Washington, DC The U.S. Department of the Interior’s (MMWEC), Associated Industries of 20426. Bureau of Land Management (BLM) and Massachusetts, The Energy Consortium, This filing is accessible on-line at Fish and Wildlife Service (FWS) Power Options, Inc., and the Industrial http://www.ferc.gov, using the participated as cooperating agencies in Energy Consumer Group (IECG) ‘‘eLibrary’’ link and is available for the preparation of the EA. Cooperating (collectively Complainants) filed a review in the Commission’s Public agencies have jurisdiction by law or formal complaint against Bangor Hydro- Reference Room in Washington, DC. special expertise with respect to Electric Company (BHE); Central Maine There is an ‘‘eSubscription’’ link on the resources potentially affected by the Power Company (CMP), New England Web site that enables subscribers to proposal and participate in the NEPA Power Company, New Hampshire receive e-mail notification when a analysis. The BLM will adopt and use Transmission LLC d/b/a NextEra (NHT); document is added to a subscribed the EA to consider the issuance of a NSTAR Electric and Gas Corporation docket(s). For assistance with any FERC right-of-way grant for the portion of the (NSTAR), Northeast Utilities Service Online service, please e-mail project on Federal lands. The FWS will Company (NUSCO), on behalf of its [email protected], or call use the Biological Assessment, included operating company affiliates: The (866) 208–3676 (toll free). For TTY, call with the EA as Appendix D, for formal Connecticut Light and Power Company (202) 502–8659. consultation with FERC under Section 7 (CL&P), Western Massachusetts Electric Comment Date: 5 p.m. Eastern Time of the Endangered Species Act. Company (WMECO), and Public Service on October 20, 2011. The EA has been placed in the public Company of New Hampshire (PSNH), Dated: September 30, 2011. files of the FERC and is available for The United Illuminating Company (UI), Kimberly D. Bose, public viewing on the FERC’s Web site Unitil Energy Systems, Inc. and Secretary. at http://www.ferc.gov using the eLibrary link. A limited number of Fitchburg Gas and Electric Light [FR Doc. 2011–25963 Filed 10–6–11; 8:45 am] Company (Unitil), Vermont Transco, copies of the EA are available for BILLING CODE 6717–01–P LLC (Vermont Transco) (collectively, distribution and public inspection at: New England Transmission Owners or Federal Energy Regulatory Commission, TOs) and ISO New England Inc. (ISO– DEPARTMENT OF ENERGY Public Reference Room, 888 First NE or ISO) (collectively Respondents) Street, NE., Room 2A, Washington, seeking an order to reduce the 11.14 Federal Energy Regulatory DC 20426, (202) 502–8371. percent base return on equity (Base Commission Copies of the EA have been mailed to ROE) used in calculating formula rates [Docket No. CP11–46–000] Federal, State, and local government for transmission service under the ISO– representatives and agencies; elected NE Open Access Transmission Tariff Kern River Gas Transmission officials; environmental and public (OATT) to a just and reasonable level at Company; Notice of Availability of the interest groups; Native American Tribes; 9.2 percent. Environmental Assessment for the potentially affected landowners and Complainants certify that copies of Proposed Mountain Pass Lateral other interested individuals and groups; the Complaint were served on the Project contacts for the TOs and ISO–NE as 1 A ‘‘pig’’ is a tool that is inserted into and moves listed on the Commission’s list of The staff of the Federal Energy through the pipeline, and is used for cleaning the Corporate Officials and on parties and Regulatory Commission (FERC or pipeline, internal inspections, or other purposes.

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newspapers and libraries in the project 385.214). 2 Only intervenors have the a. Type of Application: Amendment area; and parties to this proceeding. right to seek rehearing of the to License. Any person wishing to comment on Commission’s decision. b. Project No: 2567–041. c. Date Filed: August 23, 2011. the EA may do so. Your comments Affected landowners and parties with environmental concerns may be granted d. Applicant: Northern States Power should focus on the potential intervenor status upon showing good Company. environmental effects, reasonable cause by stating that they have a clear e. Name of Project: Wissota alternatives, and measures to avoid or and direct interest in this proceeding Hydroelectric Project. lessen environmental impacts. The more which would not be adequately f. Location: The project is located on specific your comments, the more useful represented by any other parties. You do the Chippewa River, near the towns of they will be. To ensure that your not need intervenor status to have your Lafayette and Anson, in Chippewa comments are properly recorded and comments considered. County, Wisconsin. considered prior to a Commission Additional information about the g. Filed Pursuant to: Federal Power decision on the proposal, it is important project is available from the Act, 16 U.S.C. 791(a)-825(r). that the FERC receives your comments Commission’s Office of External Affairs, h. Applicant Contact: William P. in Washington, DC on or before October at (866) 208–FERC or on the FERC Web Zawacki, Director of Hydro Plants, Xcel 31, 2011. site (http://www.ferc.gov) using the Energy, 1414 W. Hamilton Ave., P.O. For your convenience, there are three eLibrary link. Click on the eLibrary link, Box 8, Eau Claire, WI 54702–0008; and methods you can use to submit your click on ‘‘General Search’’ and enter the Matthew J. Miller, Hydro Licensing comments to the Commission. In all docket number excluding the last three Specialist, Xcel Energy, 1414 W. instances, please reference the project digits in the Docket Number field (i.e., Hamilton Ave., P.O. Box 8, Eau Claire, docket number (CP11–46–000) with CP11–46). Be sure you have selected an WI 54702–0008. your submission. The Commission appropriate date range. For assistance, i. FERC Contact: Christopher Chaney; encourages electronic filing of please contact FERC Online Support at (202) 502–6778; comments and has dedicated eFiling [email protected] or toll free [email protected]. j. Deadline for filing comments, expert staff available to assist you at at (866) 208–3676, or for TTY, contact motions to intervene, and protests, is 30 (202) 502–8258 or [email protected]. (202) 502–8659. The eLibrary link also provides access to the texts of formal days from the issuance date of this (1) You may file your comments notice. All documents may be filed electronically by using the eComment documents issued by the Commission, such as orders, notices, and electronically via the Internet. See, 18 feature, which is located on the CFR 385.2001(a)(1)(iii) and the Commission’s Web site at http:// rulemakings. In addition, the Commission offers a instructions on the Commission’s Web www.ferc.gov under the link to free service called eSubscription which site at http://www.ferc.gov/docs-filing/ Documents and Filings. An eComment allows you to keep track of all formal efiling.asp. If unable to be filed is an easy method for interested persons issuances and submittals in specific electronically, documents may be paper- to submit brief, text-only comments on dockets. This can reduce the amount of filed. To paper-file, an original and a project; time you spend researching proceedings seven copies should be mailed to: (2) You may file your comments by automatically providing you with Secretary, Federal Energy Regulatory electronically by using the eFiling notification of these filings, document Commission, 888 First Street, NE., feature, which is located on the summaries, and direct links to the Washington, DC 20426. Commenters Commission’s Web site at http:// documents. Go to http://www.ferc.gov/ can submit brief comments up to 6,000 www.ferc.gov under the link to esubscribenow.htm. characters, without prior registration, using the eComment system at http:// Documents and Filings. With eFiling, Dated: September 30, 2011. you can provide comments in a variety www.ferc.gov/docs-filing/ Kimberly D. Bose, of formats by attaching them as a file ecomment.asp. You must include your Secretary. with your submission. New eFiling name and contact information at the end users must first create an account by [FR Doc. 2011–25962 Filed 10–6–11; 8:45 am] of your comments. clicking on ‘‘eRegister.’’ You will be BILLING CODE 6717–01–P Please include the project number (P– asked to select the type of filing you are 2567–041) on any comments, motions, making. A comment on a particular or recommendations filed. DEPARTMENT OF ENERGY project is considered a ‘‘Comment on a k. Description of Request: The Filing’’; or licensee is seeking to amend the license Federal Energy Regulatory for the Wissota Hydroelectric Project to (3) You may file a paper copy of your Commission authorize the proposed rehabilitation of comments at the following address: [Project No. 2567–041] two of the project’s six units. The Kimberly D. Bose, Secretary, Federal project’s total authorized installed Energy Regulatory Commission, 888 Northern States Power Company; capacity would increase by 1,400 kW First Street, NE., Room 1A, Notice of Application To Amend [from 36,000 kW to 39,000 kW] and the Washington, DC 20426. License and Accepted for Filing, maximum hydraulic capacity would Soliciting Comments, Motions To increase by 720 cubic feet per second Although your comments will be Intervene, and Protests (cfs) [from 9,600 cfs to 10,320 cfs]. considered by the Commission, simply l. Locations of the Application: A Take notice that the following filing comments will not serve to make copy of the application is available for hydroelectric application has been filed the commenter a party to the inspection and reproduction at the with the Commission and is available proceeding. Any person seeking to Commission’s Public Reference Room, for public inspection: become a party to the proceeding must located at 888 First Street, NE., Room file a motion to intervene pursuant to 2A, Washington, DC 20426, or by calling 2 Interventions may also be filed electronically via Rule 214 of the Commission’s Rules of the Internet in lieu of paper. See the previous (202) 502–8371. This filing may also be Practice and Procedures (18 CFR discussion on filing comments electronically. viewed on the Commission’s Web site at

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http://www.ferc.gov/docs-filing/ on that resource agency. A copy of all containing four 250-megawatt (MW) elibrary.asp. Enter the docket number other filings in reference to this reversible pump turbines and located excluding the last three digits in the application must be accompanied by 900 feet below ground level, docket number field to access the proof of service on all persons listed in approximately midway between the document. You may also register online the service list prepared by the upper and lower reservoirs; (5) a at http://www.ferc.gov/docs-filing/ Commission in this proceeding, in powerhouse access tunnel of esubscription.asp to be notified via e- accordance with 18 CFR 4.34(b) and approximately 2,090 feet; and (6) a 3.2- mail of new filings and issuances 385.2010. or 5.3-mile-long, 345-kilovolt (kV) related to this or other pending projects. Dated: September 30, 2011. transmission line to either the existing For assistance, call 1–866–208- 3676 or Cottonwind or Windhub substations, Kimberly D. Bose, e-mail [email protected], respectively. for TTY, call (202) 502–8659. A copy is Secretary. The Tejon alternative proposal would also available for inspection and [FR Doc. 2011–25964 Filed 10–6–11; 8:45 am] consist of the following: (1) An upper reproduction at the address in item (h) BILLING CODE 6717–01–P dam with a height of 50 feet, a crest above. length of 7,128 feet, and with a reservoir m. Individuals desiring to be included having a total storage capacity of 5,500 on the Commission’s mailing list should DEPARTMENT OF ENERGY acre-feet at a normal maximum so indicate by writing to the Secretary operating elevation of 7,860 feet msl; (2) Federal Energy Regulatory of the Commission. a lower dam with a height of 260 feet, n. Comments, Protests, or Motions to Commission a crest length of 1,480 feet, and with a Intervene: Anyone may submit [Project No. 14201–000] reservoir having a total storage capacity comments, a protest, or a motion to of 6,355 acre-feet at a normal maximum intervene in accordance with the Bison Peak Pumped Storage, LLC.; operating elevation of 5,250 feet msl; (3) requirements of Rules of Practice and Notice of Preliminary Permit a 10,350-foot-long underground conduit; Procedure, 18 CFR 385.210, .211, .214. Application Accepted for Filing and (4) a powerhouse containing four 250– In determining the appropriate action to Soliciting Comments, Motions To MW reversible pump turbines and take, the Commission will consider all Intervene, and Competing Applications located 900 feet below ground level, protests or other comments filed, but approximately midway between the only those who file a motion to On May 5, 2011, the Bison Peak upper and lower reservoirs; and (5) a intervene in accordance with the Pumped Storage, LLC., filed an 14.2- or 14.8-mile-long transmission line Commission’s Rules may become a application for a preliminary permit, (including both new construction of a party to the proceeding. Any comments, pursuant to section 4(f) of the Federal 345-kV line and upgrades to existing protests, or motions to intervene must Power Act (FPA), proposing to study the transmission lines) to either the existing be received on or before the specified feasibility of the Bison Peak Pumped Cottonwind or Windhub substations, comment date for the particular Storage Project (Bison Peak Project or respectively. The estimated annual application. project) to be located in the Tehachapi generation of the Bison Peak Pumped o. Filing and Service of Responsive Mountains south of Tehachapi, Kern Storage Project would be 3,066 gigawatt- Documents: Any filing must (1) bear in County, California. The sole purpose of hours. all capital letters the title a preliminary permit, if issued, is to The Horsethief alternative would ‘‘COMMENTS’’, ‘‘PROTEST’’, or grant the permit holder priority to file consist of the following: (1) An upper ‘‘MOTION TO INTERVENE’’ as a license application during the permit dam with a height of 50 feet, a crest applicable; (2) set forth in the heading term. A preliminary permit does not length of 7,128 feet, and with a reservoir the name of the applicant and the authorize the permit holder to perform having a total storage capacity of 5,500 project number of the application to any land-disturbing activities or acre-feet at a normal maximum which the filing responds; (3) furnish otherwise enter upon lands or waters operating elevation of 7,860 feet msl; (2) the name, address, and telephone owned by others without the owners’ a lower dam with a height of 310 feet, number of the person protesting or express permission. a crest length of 1,000 feet, and with a intervening; and (4) otherwise comply The applicant has proposed four reservoir having a total storage capacity with the requirements of 18 CFR alternatives for the placement of a lower of 4,460 acre-feet at a normal maximum 385.2001 through 385.2005. All reservoir, termed ‘‘South,’’ ‘‘Tejon,’’ operating elevation of 5,650 feet msl; (3) comments, motions to intervene, or ‘‘Horsethief,’’ and ‘‘Sawmill.’’ Water for a 11,000-foot-long underground conduit; protests must set forth their evidentiary the initial fill of each of the alternatives (4) a powerhouse containing four 125– basis and otherwise comply with the would be obtained from local water MW reversible pump turbines and requirements of 18 CFR 4.34(b). All agency infrastructure via a route that located 1,500 feet below ground level, comments, motions to intervene, or would be identified during studies. approximately midway between the protests should relate to project works The South alternative proposal would upper and lower reservoirs; and (5) a which are the subject of the license consist of the following: (1) An upper 15.7- or 11.5-mile-long transmission line surrender. Agencies may obtain copies dam with a height of 50 feet, a crest (including both new construction of a of the application directly from the length of 7,128 feet, and with a reservoir 230-kV line and upgrades to existing applicant. A copy of any protest or having a total storage capacity of 5,500 transmission lines) to either the existing motion to intervene must be served acre-feet at a normal maximum Whirlwind or Windhub substations, upon each representative of the operating elevation of 7,860 feet mean respectively. The estimated annual applicant specified in the particular sea level (msl); (2) a lower dam with a generation of the Bison Peak Pumped application. If an intervener files height of 310 feet, a crest length of 1,160 Storage Project would be 1,533 gigawatt- comments or documents with the feet, and with a reservoir having a total hours. Commission relating to the merits of an storage capacity of 5,805 acre-feet at a The Sawmill alternative would issue that may affect the responsibilities normal maximum operating elevation of consist of the following: (1) An upper of a particular resource agency, they 5,100 feet msl; (3) a 9,060-foot-long dam with a height of 50 feet, a crest must also serve a copy of the document underground conduit; (4) a powerhouse length of 7,128 feet, and with a reservoir

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having a total storage capacity of 5,500 field to access the document. For consider to be CBI or otherwise acre-feet at a normal maximum assistance, contact FERC Online protected through http:// operating elevation of 7,860 feet msl; (2) Support. www.regulations.gov or e-mail. The a lower dam with a height of 310 feet, Dated: September 30, 2011. http://www.regulations.gov Web site is a crest length of 1,160 feet, and with a Kimberly D. Bose, an ‘‘anonymous access’’ system, which reservoir having a total storage capacity means EPA will not know your identity Secretary. of 6,205 acre-feet at a normal maximum or contact information unless you operating elevation of 6,000 feet msl; (3) [FR Doc. 2011–25965 Filed 10–6–11; 8:45 am] provide it in the body of your comment. a 9,750-foot-long underground conduit; BILLING CODE 6717–01–P If you send an e-mail comment directly (4) a powerhouse containing four 125– to EPA without going through http:// MW reversible pump turbines and www.regulations.gov your e-mail located 450 feet below ground level, ENVIRONMENTAL PROTECTION address will be automatically captured approximately midway between the AGENCY and included as part of the comment upper and lower reservoirs; and (5) a that is placed in the public docket and [EPA–HQ–OA–2008–0701; FRL–9475–7] 16.8- or 10.9-mile-long transmission line made available on the Internet. If you (including both new construction of a Agency Information Collection submit an electronic comment, EPA 230-kV line and upgrades to existing Activities; Proposed Collection; recommends that you include your transmission lines) to either the existing Comment Request; Focus Groups as name and other contact information in Whirlwind or Windhub substations, Used by EPA for Economics Projects the body of your comment and with any respectively. The estimated annual (Renewal) disk or CD–ROM you submit. If EPA generation of the Bison Peak Pumped cannot read your comment due to Storage Project would be 1,533 gigawatt- AGENCY: Environmental Protection technical difficulties and cannot contact hours. Agency (EPA). you for clarification, EPA may not be Applicant Contact: Bison Peak ACTION: Notice. able to consider your comment. Pumped Storage, LLC. 9795 Cabrini Dr., Electronic files should avoid the use of Ste. 206, Burbank, CA 91504; phone: SUMMARY: In compliance with the special characters, any form of (818) 767–5554. Paperwork Reduction Act (PRA) (44 encryption, and be free of any defects or FERC Contact: Matt Buhyoff; phone: U.S.C. 3501 et seq.), this document viruses. For additional information (202) 502–6824. announces that EPA is planning to about EPA’s public docket visit http:// Deadline for filing comments, motions submit a request to renew an existing www.regulations.gov. to intervene, competing applications approved Information Collection FOR FURTHER INFORMATION CONTACT: (without notices of intent), or notices of Request (ICR) to the Office of intent to file competing applications: 60 Management and Budget (OMB). This Nathalie Simon, Office of Policy, (MC days from the issuance of this notice. ICR is scheduled to expire on March 31, 1809T), Environmental Protection Competing applications and notices of 2012. Before submitting the ICR to OMB Agency, 1200 Pennsylvania Ave., NW., intent must meet the requirements of 18 for review and approval, EPA is Washington, DC 20460; telephone CFR 4.36. Comments, motions to soliciting comments on specific aspects number: 202–566–2347; fax number: intervene, notices of intent, and of the proposed information collection 202–566–2363; e-mail address: competing applications may be filed as described below. [email protected]. electronically via the Internet. See 18 SUPPLEMENTARY INFORMATION: CFR 385.2001(a)(1)(iii) and the DATES: Comments must be submitted on or before December 6, 2011. instructions on the Commission’s Web How can I access the docket and/or site http://www.ferc.gov/docs-filing/ ADDRESSES: Submit your comments, submit comments? efiling.asp. Commenters can submit identified by Docket ID No. EPA–HQ– brief comments up to 6,000 characters, OA–2008–0701, by one of the following EPA has established a public docket without prior registration, using the methods: for this ICR under Docket ID No. EPA– eComment system at http:// • http://www.regulations.gov: Follow HQ–OA–2008–0701 which is available www.ferc.gov/docs-filing/ the on-line instructions for submitting for online viewing at http:// ecomment.asp. You must include your comments. www.regulations.gov, or in person name and contact information at the end • E-mail: [email protected]. viewing at the Office of Environmental of your comments. For assistance, • Fax: (202) 566–9744. Information (OEI) Docket in the EPA please contact FERC Online Support at • Mail: Office of Environmental Docket Center (EPA/DC), EPA West, [email protected] or toll Information, Environmental Protection Room 3334, 1301 Constitution Ave., free at 1–866–208–3676, or for TTY, Agency, Mailcode: 28221T, 1200 NW., Washington, DC. The EPA/DC (202) 502–8659. Although the Pennsylvania Ave., NW., Washington, Public Reading Room is open from 8:30 Commission strongly encourages DC 20460. a.m. to 4:30 p.m., Monday through electronic filing, documents may also be Instructions: Direct your comments to Friday, excluding legal holidays. The paper-filed. To paper-file, mail an Docket ID No. EPA–HQ–OA–2008– telephone number for the Reading Room original and seven copies to: Kimberly 0701. EPA’s policy is that all comments is 202–566–1744, and the telephone D. Bose, Secretary, Federal Energy received will be included in the public number for the OEI Docket is 202–566– Regulatory Commission, 888 First docket without change and may be 1752. Street, NE., Washington, DC 20426. made available online at http:// Use http://www.regulations.gov to More information about this project, www.regulations.gov, including any obtain a copy of the draft collection of including a copy of the application, can personal information provided, unless information, submit or view public be viewed or printed on the ‘‘eLibrary’’ the comment includes information comments, access the index listing of link of Commission’s Web site at claimed to be Confidential Business the contents of the docket, and to access http://www.ferc.gov/docs-filing/ Information (CBI) or other information those documents in the public docket elibrary.asp. Enter the docket number whose disclosure is restricted by statute. that are available electronically. Once in (P–14201–000) in the docket number Do not submit information that you the system, select ‘‘search,’’ then key in

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the docket ID number identified in this the general public, although the target this collection of information is document. population for the focus group estimated to average 2.4 hours per discussions will vary by project. response. Burden means the total time, What information is EPA particularly Title: Focus Groups as used by EPA effort, or financial resources expended interested in? for Economics Projects (Renewal). by persons to generate, maintain, retain, Pursuant to section 3506(c)(2)(A) of ICR numbers: EPA ICR No. 2205.07, or disclose or provide information to or the PRA, EPA specifically solicits OMB Control No. 2090–0028. for a Federal agency. This includes the comments and information to enable it ICR status: This ICR is currently time needed to review instructions; to: scheduled to expire on March 31, 2012. develop, acquire, install, and utilize (i) Evaluate whether the proposed An Agency may not conduct or sponsor, technology and systems for the purposes collection of information is necessary and a person is not required to respond of collecting, validating, and verifying for the proper performance of the to, a collection of information, unless it information, processing and functions of the Agency, including displays a currently valid OMB control maintaining information, and disclosing whether the information will have number. The OMB control numbers for and providing information; adjust the practical utility; EPA’s regulations in title 40 of the CFR, existing ways to comply with any (ii) Evaluate the accuracy of the after appearing in the Federal Register previously applicable instructions and Agency’s estimate of the burden of the when approved, are listed in 40 CFR requirements which have subsequently proposed collection of information, part 9, are displayed either by changed; train personnel to be able to including the validity of the publication in the Federal Register or respond to a collection of information; methodology and assumptions used; by other appropriate means, such as on (iii) Enhance the quality, utility, and search data sources; complete and the related collection instrument or review the collection of information; clarity of the information to be form, if applicable. The display of OMB collected; and and transmit or otherwise disclose the control numbers in certain EPA information. (iv) Minimize the burden of the regulations is consolidated in 40 CFR The ICR provides a detailed collection of information on those who part 9. are to respond, including through the Abstract: The Environmental explanation of the Agency’s estimate, use of appropriate automated electronic, Protection Agency (EPA) is seeking which is only briefly summarized here: mechanical, or other technological renewal of a generic information Estimated total number of potential collection techniques or other forms of collection request (ICR) for the conduct respondents: 1,011. information technology, e.g., permitting of focus groups and protocol interviews Frequency of response: Once. electronic submission of responses. In (hereafter jointly referred to as focus Estimated total average number of particular, EPA is requesting comments groups) related to economics projects. responses for each respondent: 1. from very small businesses (those that Over the next three years, the Agency Estimated total annual burden hours: employ less than 25) on examples of anticipates embarking on a number of 2,358. specific additional efforts that EPA survey development efforts associated Estimated total annual costs: $22,385. could make to reduce the paperwork with a variety of economics projects This includes estimated respondent burden for very small businesses including those related to valuation of burden costs only as there are no capital affected by this collection. ecosystems, children’s health risks, costs or operating and maintenance What should I consider when I prepare mortality risk reductions, improvements costs associated with this collection of my comments for EPA? to coastal waters including the information. Chesapeake Bay, to name a few. Focus You may find the following Are there changes in the estimates from groups are an important part of any the last approval? suggestions helpful for preparing your survey development process, allowing comments: researchers to directly gauge what Burden estimates included here are 1. Explain your views as clearly as specific issues are important to the based on the supporting statement possible and provide specific examples. submitted for the most recent renewal of 2. Describe any assumptions that you public and providing a means for explicitly testing draft survey materials. the approved ICR. Burden estimates will used. be revised to reflect new information 3. Provide copies of any technical Through these focus groups, the Agency and will be made available for public information and/or data you used that will be able to gain a more in-depth comment at the time the ICR is support your views. understanding of the public’s attitudes, 4. If you estimate potential burden or beliefs, motivations and feelings submitted to OMB for approval. costs, explain how you arrived at the regarding specific issues and will What is the next step in the process for estimate that you provide. provide valuable information regarding this ICR? 5. Offer alternative ways to improve the quality of draft survey instruments. the collection activity. The information collected in the focus EPA will consider the comments 6. Make sure to submit your groups will be used to develop and received and amend the ICR as comments by the deadline identified improve economics-related surveys. To appropriate. The final ICR package will under DATES. the extent that these surveys are then be submitted to OMB for review 7. To ensure proper receipt by EPA, ultimately successfully administered, and approval pursuant to 5 CFR be sure to identify the docket ID number they will serve to expand the Agencies 1320.12. At that time, EPA will issue assigned to this action in the subject understanding of benefits and costs of a another Federal Register notice line on the first page of your response. variety of actions and could provide the pursuant to 5 CFR 1320.5(a)(1)(iv) to You may also provide the name, date, means to quantitatively assess the announce the submission of the ICR to and Federal Register citation. effects of others. Participation in the OMB and the opportunity to submit focus groups will be voluntary and the additional comments to OMB. If you What information collection activity or identity of the participants will be kept have any questions about this ICR or the ICR does this apply to? confidential. approval process, please contact the Affected entities: Entities potentially Burden Statement: The annual public technical person listed under FOR affected by this action are members of reporting and recordkeeping burden for FURTHER INFORMATION CONTACT.

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Dated: September 29, 2011. The new O3 equivalent method is an associated with the method and subject Al McGartland, automated monitoring method to any specifications and limitations Director, National Center for Environmental (analyzer) utilizing a measurement (e.g., configuration or operational Economics. principle based on chemiluminescence settings) specified in the designated [FR Doc. 2011–26087 Filed 10–6–11; 8:45 am] reaction of O3 with nitric oxide (NO). method description (see the BILLING CODE 6560–50–P (Note that this is the first O3 equivalent identification of the method above). method designated by EPA that utilizes Use of the method also should be in this particular measurement principle, general accordance with the guidance which is distinguished from the ENVIRONMENTAL PROTECTION and recommendations of applicable measurement principle of AGENCY sections of the ‘‘Quality Assurance chemiluminescence reaction of O with [FRL–9476–7] 3 Handbook for Air Pollution ethylene specified for EPA reference Measurement Systems, Volume I,’’ EPA/ methods for O .) The newly designated Office of Research and Development; 3 600/R–94/038a and ‘‘Quality Assurance equivalent method is identified as Ambient Air Monitoring Reference and Handbook for Air Pollution follows: Equivalent Methods; Designation of Measurement Systems, Volume II, One New Equivalent Method EQOA–0611–199, ‘‘Teledyne—Advanced Ambient Air Quality Monitoring Pollution Instrumentation, Inc. Model 265E Program,’’ EPA–454/B–08–003, AGENCY: Environmental Protection or T265 Chemiluminescence Ozone Agency. Analyzer,’’ operated on any full scale range December, 2008 (both available at http://www.epa.gov/ttn/amtic/ ACTION: Notice of the designation of one between 0–100 ppb and 0–1000 ppb, with qalist.html). Vendor modifications of a new equivalent method for monitoring any range mode (Single, Dual, or AutoRange), at any ambient temperature in the range of designated equivalent method used for ambient air quality. 5 °C to 40 °C, and with a TFE filter in the purposes of Part 58 are permitted only sample air inlet, operated with a sample flow with prior approval of the EPA, as SUMMARY: Notice is hereby given that ± 3 rate of 500 50 cm /min (sea level), with the provided in Part 53. Provisions the Environmental Protection Agency dilution factor set to 1, with Temp/Press (EPA) has designated, in accordance compensation ON, and in accordance with concerning modification of such with 40 CFR Part 53, one new the appropriate associated instrument methods by users are specified under equivalent method for measuring manual, and with or without any of the Section 2.8 (Modifications of Methods concentrations of ozone (O3) in the following options: Internal or external by Users) of Appendix C to 40 CFR part ambient air. sample pump, Sample/Cal valve option, Rack 58. mount with or without slides, analog input FOR FURTHER INFORMATION CONTACT: option, 4–20 mA isolated current loop In general, a method designation Robert Vanderpool, Human Exposure output. applies to any sampler, analyzer, or and Atmospheric Sciences Division The application for an equivalent method that is identical to the sampler, (MD–D205–03), National Exposure method determination for this candidate analyzer, or method described in the Research Laboratory, U.S. EPA, method was received by the EPA on application for designation. In some Research Triangle Park, North Carolina November 7, 2010. The analyzer models cases, similar samplers or analyzers 27711. E-mail: are commercially available from the manufactured prior to the designation [email protected]. applicant, Teledyne Advanced Pollution may be upgraded or converted (e.g., by SUPPLEMENTARY INFORMATION: In Instrumentation, Inc., 9480 Carroll Park minor modification or by substitution of accordance with regulations at 40 CFR Drive, San Diego, CA 92121–2251. the approved operation or instruction part 53, the EPA evaluates various A representative test analyzer has manual) so as to be identical to the methods for monitoring the been tested in accordance with the designated method and thus achieve concentrations of those ambient air applicable test procedures specified in designated status. The manufacturer pollutants for which EPA has 40 CFR part 53 (as amended on June 22, should be consulted to determine the established National Ambient Air 2010). After reviewing the results of feasibility of such upgrading or Quality Standards (NAAQSs) as set those tests and other information conversion. forth in 40 CFR part 50. Monitoring submitted by the applicant, EPA has Part 53 requires that sellers of methods that are determined to meet determined, in accordance with part 53, designated reference or equivalent specific requirements for adequacy are that this method should be designated method analyzers or samplers comply designated by the EPA as either as an equivalent method. The with certain conditions. These reference methods or equivalent information submitted by the applicant conditions are specified in 40 CFR 53.9. methods (as applicable), thereby will be kept on file, either at EPA’s Aside from occasional breakdowns or permitting their use under 40 CFR part National Exposure Research Laboratory, malfunctions, consistent or repeated 58 by States and other agencies for Research Triangle Park, North Carolina noncompliance with any of these determining compliance with the 27711 or in an approved archive storage conditions should be reported to: NAAQSs. A list of all reference or facility, and will be available for Director, Human Exposure and equivalent methods that have been inspection (with advance notice) to the Atmospheric Sciences Division (MD– previously designated by EPA may be extent consistent with 40 CFR part 2 E205–01), National Exposure Research found at http://www.epa.gov/ttn/amtic/ (EPA’s regulations implementing the Laboratory, U.S. Environmental criteria.html. Freedom of Information Act). The EPA hereby announces the As a designated equivalent method, Protection Agency, Research Triangle designation of one new equivalent this method is acceptable for use by Park, North Carolina 27711. method for measuring pollutant states and other air monitoring agencies Designation of this new equivalent concentrations of O3 in the ambient air. under the requirements of 40 CFR part method is intended to assist the States This designation is made under the 58, Ambient Air Quality Surveillance. in establishing and operating their air provisions of 40 CFR part 53, as For such purposes, the method must be quality surveillance systems under 40 amended on June 22, 2010 (75 FR used in strict accordance with the CFR Part 58. Questions concerning the 35597). operation or instruction manual commercial availability or technical

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aspects of the method should be SUPPLEMENTARY INFORMATION: In the Department of Ecology and EPA to directed to the applicant. accordance with ARRA Section 1605(c), determine if the units were eligible the EPA hereby provides notice that it under the Section 1605(d) trade Jewel F. Morris, is granting a project waiver of the agreement exception; EPA confirmed Acting Director, National Exposure Research requirements of Section 1605(a) of the units were not eligible for that Laboratory. Public Law 111–5, Buy American exception. The City spent several [FR Doc. 2011–26092 Filed 10–6–11; 8:45 am] requirements, to the City for purchase of months coordinating back and forth BILLING CODE 6560–50–P six non-domestic manufactured Carrier with the manufacturer and the split ductless (AC) units. The City contractor to explain that they were not requires the AC systems to provide a covered by any international trade ENVIRONMENTAL PROTECTION constant temperature for the electrical agreements and that an alternate means AGENCY control room as part of the City’s project of compliance was necessary. The [FRL–9476–9] to upgrade of the wastewater treatment drafting of the project-specific plant. The City planned to purchase and availability waiver began in March Notice of a Regional Waiver of Section install the identified six ductless split 2011. The City delayed submitting the 1605 (Buy American Requirement) of AC units and one ducted unit from waiver request to investigate a potential the American Recovery and Carrier. The units are needed to keep domestic manufacturer (Enviromaster Reinvestment Act of 2009 (ARRA) to the motor starters, control equipment, International) lead, which ultimately the City of Airway Heights (the City), power transformers, circuit breakers, did not work out. Since the City was Washington and other electronic controlling investigating various means of Buy AGENCY: Environmental Protection equipment at the wastewater treatment American compliance through gathering Agency (EPA). plant from overheating. The City’s adequate documentation, coordinating consultant conducted due diligence and with the manufacturer and contractor, ACTION: Notice. research with five product suppliers of and researching potential domestic SUMMARY: The Regional Administrator AC systems in the Eastern Washington manufacturers, the circumstance of of EPA Region 10 is hereby granting a area. The City’s consultant concluded applying for a waiver after the start of waiver from the Buy American that there are no domestically produced construction was not foreseen. EPA has requirements of ARRA Section 1605(a) ductless AC systems that could meet the evaluated this information and will under the authority of Section product specifications. consider the City’s waiver request as a 1605(b)(2) [manufactured goods are not EPA has also evaluated the City’s timely request since it was reasonably produced in the United States in request to determine if its submission is unforeseeable. sufficient and reasonably available considered late or if it could be The April 28, 2009 EPA HQ quantities and of a satisfactory quality] considered timely, as per OMB Memorandum, Implementation of Buy to the City for the purchase of six regulations at 2 CFR 176.120. EPA will American provisions of Public Law Carrier split ductless air conditioning generally regard waiver requests with 111–5, the ‘‘American Recovery and (AC) units, manufactured in Mexico and respect to components that were Reinvestment Act of 2009’’, defines South Korea. This is a project specific specified in the bid solicitation or in a ‘‘satisfactory quality’’ as the quality of waiver and only applies to the use of the general/primary construction contact as iron, steel or the relevant manufactured specified products for the ARRA project ‘‘late’’ if submitted after the contract good as specified in the project plans being proposed. Any other ARRA date. However, EPA could also and design. The City provided recipient that wishes to use the same determine that a request be evaluated as information to the EPA representing product must apply for a separate timely, though made after the date that there are no current domestic waiver based on project specific the contract was signed, if the need for manufacturers of the six ductless split circumstances. The waiver applicant a waiver was not reasonably foreseeable. air conditioning units. EPA’s contractor states that AC systems are required to If the need for a waiver is reasonably reviewed the information provided by provide a constant temperature for the foreseeable, then EPA could still apply the City and determined that City’s electrical control room as part of the discretion in these late cases as per the claim that no domestically City’s project to upgrade of the OMB regulation, which says ‘‘the award manufactured air conditioner units exist wastewater treatment plant. The City’s official may deny the request.’’ For that meets the project specifications for consulting engineer requested the those waiver requests that do not have the six split ductless AC units is Carrier AC system products based on a reasonably unforeseeable basis for supported by the available information. specifications on the project plans for lateness, but for which the waiver basis Furthermore, the purpose of the six Carrier split ductless AC units. The is valid and there is no apparent gain by ARRA provisions was to stimulate City has provided sufficient the ARRA recipient or loss on behalf of economic recovery by funding current documentation to support their request. the government, then EPA will still infrastructure construction, not to delay This action allows the installation of the consider granting a waiver. projects that are already shovel ready by In this case, there are no U.S. requiring entities, like the City, to revise six specified ductless AC units as noted manufacturers that meet the City’s their design and potentially choose a in the City’s June 22, 2011, request and requirement for ductless split AC units. more costly and less effective project. additional follow up documentation. The waiver request was submitted after The implementation of ARRA Buy DATES: Effective Date: September 21, contract signing; however, it was American requirements on such projects 2011. reasonably unforeseeable. ARRA Buy eligible for CWSRF assistance would FOR FURTHER INFORMATION CONTACT: American documentation for the AC result in unreasonable delay and thus Michelle Tucker, CWSRF Coordinator, units was not supplied with the initial displace the ‘‘shovel ready’’ status for Grants and Strategic Planning Unit, submittal in January 2010. Pending re- this project. To further delay Office of Water & Watersheds (OWW), submittal of the documentation, the City construction is in direct conflict with (206) 553–1414, U.S. EPA Region 10 discovered that the units had a plate the most fundamental economic (OWW–137), 1200 Sixth Avenue, Suite stamped ‘‘Made in Mexico’’ in purposes of ARRA, to create or retain 900, Seattle, WA 98101. September 2010. The City checked with jobs.

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The Grants and Strategic Planning ACTION: Notice. of the requirements of Section 1605(a) of Unit has reviewed this waiver request Public Law 111–5, Buy American SUMMARY: The Regional Administrator and has determined that the supporting requirements to the City for the of EPA Region 6 is hereby granting a documentation provided by the City is acquisition of selected carbon steel pipe project waiver of the Buy American sufficient to establish a proper basis. fittings and appurtenances (elbows, tees The basis for this project waiver is the requirements of ARRA Section 1605 under the authority of Section and flanges). The City has been unable authorization provided in Section to find American made carbon steel 1605(b)(2), due to the lack of production 1605(b)(2) (manufactured goods are not produced in the United States in pipe fittings and appurtenances to meet of this product in the United States in its specific water requirements. sufficient and reasonably available sufficient and reasonably available quantities and of a satisfactory quality quantities and of a satisfactory quality) Section 1605 of ARRA requires that in order to meet the City’s design to the City of West Monroe (‘‘the City’’) none of the appropriated funds may be specifications. for the purchase of the selected carbon used for the construction, alteration, The March 31, 2009 Delegation of steel pipe fittings and appurtenances maintenance, or repair of a public Authority Memorandum provided (elbows, tees and flanges) to be building or public work unless all of the Regional Administrators with the incorporated in the Sparta Reuse iron, steel, and manufactured goods authority to issue exceptions to Section Project—Waste Water Treatment used in the project are produced in the 1605 of ARRA within the geographic Facility. The required carbon steel pipe United States unless a waiver is fittings and appurtenances are boundaries of their respective regions provided to the recipient by EPA. A and with respect to requests by manufactured by foreign manufacturers and no United States manufacturer waiver may be provided if EPA individual assistance recipients. Having determines that: (1) Applying these established both a proper basis to produces an alternative that meets the City’s technical specifications. This is a requirements would be inconsistent specify the particular good required for with public interest; (2) iron, steel, and this project, and, that this manufactured project specific waiver and only applies the relevant manufactured goods are not good was not available from a to the use of the specified product for produced in the United States in manufacturer in the United States, the the ARRA funded project being City is hereby granted a waiver from the proposed. Any other ARRA project that sufficient and reasonably available Buy American requirements of Section may wish to use the same product must quantities and of a satisfactory quality; 1605(a) of Public Law 111–5 for the apply for a separate waiver based on the or (3) inclusion of iron, steel, and the purchase of six Carrier split ductless AC specific project circumstances. The relevant manufactured goods produced units, manufactured in Mexico and Regional Administrator is making this in the United States will increase the South Korea, for a wastewater treatment determination based on the review and cost of the overall project by more than plant project specified in the City’s recommendations of the EPA Region 6, 25 percent. waiver request of June 22, 2011. This Water Quality Protection Division. The The City has provided information to City has provided sufficient supplementary information constitutes the EPA demonstrating that there are no the detailed written justification documentation to support its request. The Assistant Administrator of the carbon steel pipe fittings and required by Section 1605(c) for waivers appurtenances manufactured in the based on a finding under subsection (b). EPA’s Office of Administration and Resources Management has concurred United States in sufficient and Authority: Public Law 111–5, section on this decision to make an exception reasonable quantity and of a satisfactory 1605. to Section 1605 of ARRA. This action quality to meet the required technical Dated: September 21, 2011. permits the purchase of the selected specification. The City indicated that of Dennis J. McLerran, carbon steel pipe fittings and the ten US companies contacted, seven Regional Administrator, EPA, Region 10. appurtenances not manufactured in could not meet the requirement to [FR Doc. 2011–26091 Filed 10–6–11; 8:45 am] America, for the proposed project being provide the fittings and flanges BILLING CODE 6560–50–P implemented by the City. manufactured from carbon steel sourced DATES: Effective Date: September 26, from steel mills in the United States. 2011. The remaining three companies ENVIRONMENTAL PROTECTION contacted did not respond to requests AGENCY FOR FURTHER INFORMATION CONTACT: Nasim Jahan, Buy American for information regarding the sources of [FRL–9477–2] Coordinator, (214) 665–7522, SRF & metals used in the fabrication of their Projects Section, Water Quality products. Notice of a Project Waiver of Section Protection Division, U.S. EPA Region 6, The project specifications include 1605 (Buy American Requirement) of 1445 Ross Avenue, Dallas, Texas 75202– requirements for the following pipe the American Recovery and 2733. Reinvestment Act of 2009 (ARRA) to fittings and flanges: SUPPLEMENTARY INFORMATION: the City of West Monroe, LA In accordance with ARRA Section 1605(c) AGENCY: Environmental Protection and 1605(b)(2), EPA hereby provides Agency (EPA). notice that it is granting a project waiver

Connection Description Quantity Material Code standard type

16-in. STD LR 90o elbow ...... 6 Carbon Steel ...... ANSI A234 WPB ...... Butt weld. 20-in. STD LR 90o elbow ...... 3 Carbon Steel ...... ANSI A234 WPB ...... Butt weld. 24-in. STD LR 90o elbow ...... 16 Carbon Steel ...... ANSI A234 WPB ...... Butt weld. 20-in. STD LR 45o elbow ...... 1 Carbon Steel ...... ANSI A234 WPB ...... Butt weld. 8-in. STD TEE ...... 42 Carbon Steel ...... ANSI A234 WPB ...... Butt weld. 24-in. STD Raised Face Blind Flange ...... 2 Carbon Steel ...... 150# ANSI A105 ...... Not applicable.

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Connection Description Quantity Material Code standard type

24-in. STD Raised Face Weld Neck Flange ...... 3 Carbon Steel ...... 150# ANSI A105 ...... Not applicable. 24-in. STD Flat Face Weld Neck Flange ...... 1 Carbon Steel ...... 150# ANSI A105 ...... Not applicable.

Based on additional research made since there is no gain by the City provided Regional Administrators with conducted by EPA Region 6 there do not and no loss by the government due to the authority to issue exceptions to appear to be any American-made carbon the late request. Section 1605 of ARRA within the steel pipe fittings and appurtenances The April 28, 2009, EPA HQ geographic boundaries of their that would meet the City’s technical Memorandum, Implementation of Buy respective regions and with respect to specifications. EPA’s national contractor American provisions of Public Law requests by individual grant recipients. prepared a technical assessment report 111–5, the ‘‘American Recovery and Having established both a proper basis based on the waiver request submittal, Reinvestment Act of 2009,’’defines to specify the particular goods required which confirmed the waiver applicant’s reasonably available quantity as ‘‘the for this project, and that these claim that there are no American-made quantity of iron, steel, or relevant manufactured goods are not available carbon steel pipe fittings and manufactured good is available or will from a producer in the United States, appurtenances available for use in the be available at the time needed and the City is hereby granted a waiver from proposed waste water treatment system. place needed, and in the proper form or the Buy American requirements of EPA has also evaluated the City’s specification as specified in the project ARRA, Section 1605(a) of Public Law request to determine if its submission is plans and design.’’ The City has 111–5 for the purchase of the selected considered late or if it could be incorporated specific technical design carbon steel pipe fittings and considered timely, as per the OMB requirements for installation of carbon appurtenances, using ARRA funds, as regulation at 2 CFR 176.120. EPA will steel pipe fittings and appurtenances at specified in the City’s request. This generally regard waiver requests with its wastewater treatment plant. supplementary information constitutes respect to components that were The purpose of the ARRA is to the detailed written justification specified in the bid solicitation or in a stimulate economic recovery in part by required by ARRA, Section 1605(c), for general/primary construction contract as funding current infrastructure waivers ‘‘based on a finding under ‘‘late’’ if submitted after the contract construction, not to delay projects that subsection (b).’’ date. However, EPA could also are ‘‘shovel ready’’ by requiring utilities, Authority: Pub. L. 111–5, section 1605. determine that a request be evaluated as such as the City, to revise their timely, though made after the date that standards and specifications, institute a Dated: September 26, 2011. the contract was signed, if the need for new bidding process, and potentially Al Armendariz, a waiver was not reasonably foreseeable. choose a more costly, less efficient Regional Administrator, U.S. Environmental If the need for a waiver is reasonably project. The imposition of ARRA Buy Protection Agency, Region 6. foreseeable, then EPA could still apply American requirements on such projects [FR Doc. 2011–26090 Filed 10–6–11; 8:45 am] discretion in these late cases as per the otherwise eligible for State Revolving BILLING CODE 6560–50–P OMB Guidance, which says ‘‘the award Fund assistance would result in official may deny the request.’’ For unreasonable delay and thus displace those waiver requests that do not have the ‘‘shovel ready’’ status for this ENVIRONMENTAL PROTECTION a reasonably unforeseeable basis for project. To further delay construction is AGENCY in direct conflict with a fundamental lateness, but for which the waiver basis [ER–FRL–8999–4] is valid and there is no apparent gain by economic purpose of the ARRA, which the ARRA recipient or loss on behalf of is to create or retain jobs. Environmental Impacts Statements; the government, then EPA will still The Region 6 Water Quality Notice of Availability consider granting a waiver. Protection Division has reviewed this In this case, the waiver request was waiver request, and has determined that AGENCY: Office of Federal Activities, submitted after the contract date the supporting documentation provided EPA. because the City initiated an evaluation by the City is sufficient to meet the General Information (202) 564–1399 of substantial transformation for the criteria listed under ARRA, Section or http://www.epa.gov/compliance/ pipe fittings and appurtenances; 1605(b), Office of Management and nepa/. however, after having a thorough Budget (OMB) regulations at 2 CFR Weekly receipt of Environmental Impact discussion at the Regional level, the City 176.60—176.170, and in the April 28, Statements has made a decision that the issuance of 2009, memorandum, ‘‘Implementation Filed 09/26/2011 Through 09/30/2011 the project specific waiver for the of Buy American provisions of Public Pursuant to 40 CFR 1506.9. carbon steel pipe fittings and Law 111–5, the American Recovery and Notice appurtenances is the best way to ensure Reinvestment Act of 2009. The basis for that the City is in compliance with the this project waiver is the authorization Section 309(a) of the Clean Air Act Buy American provisions of ARRA. provided in ARRA, Section 1605(b) (2). requires that EPA make public its There is no indication that the City Due to the lack of production of this comments on EISs issued by other failed to request a waiver in order to product in the United States in Federal agencies. EPA’s comment letters avoid the requirements of the ARRA, sufficient and reasonably available on EIS are available at: http:// particularly since there are no quantities and of a satisfactory quality www.epa.gov/compliance/nepa/ domestically manufactured products in order to meet the City’s technical eisdata.html. available that meet the project specifications, a waiver from the Buy EIS No. 20110332, Draft Supplement, specifications. EPA will consider the American requirement is justified. USFS, MT, Montanore Project, City’s waiver request, a foreseeable late EPA headquarters’ March 31, 2009 Additional Information on request, as though it had been timely Delegation of Authority Memorandum Alternatives, Proposes to Construct a

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Copper and Silver Underground Mine up to 70 megawatts, Lake and Colusa meet in open session at 10 a.m. on and Associated Facilities, Including a Counties, CA, Comment Period Ends: Tuesday, October 11, 2011, to consider New Transmission Line, Plan-of- 11/21/2011, Contact: Joseph Vieira the following matters: Operation Permit, Kootenai National 719–852–6213. Summary Agenda: No substantive Forest, Sanders County, MT, Amended Notices discussion of the following items is Comment Period Ends: 11/21/2011, EIS No. 20110265, Draft EIS, ARS, ID, anticipated. These matters will be Contact: Lynn Hagarty 406–283–7642. resolved with a single vote unless a EIS No. 20110333, Final EIS, GSA, 00, U.S. Sheep Experiment Station member of the Board of Directors International Falls Land Port of Entry Grazing and Associated Activities requests that an item be moved to the Improvements Study, Proposes To Project 2010, To Develop Integrated discussion agenda. Replace the Existing Land Port of Methods for Increasing Production Entry, Minnesota along the U.S. and Efficiency of Sheep, Dubois, ID, Disposition of minutes of previous Canada Border, Review Period Ends: Comment Period Ends: 11/21/2011, Board of Directors’ Meetings. 11/07/2011, Contact: Donald R. Contact: Sue Wingate 603–569–3114. Memorandum and resolution re: Melcher 312–353–1237. EIS No. 20110323, Draft Supplement, Disclosure of Information; Privacy Act EIS No. 20110334, Draft EIS, NPS, 00, USFS, MI, Huron-Manistee National Amendments. Blue Ridge Parkway General Forests, Supplement the 2006 FEIS Management Plan, Implementation, Analysis and To Correct the Summary reports, status reports, reports Virginia and North Carolina, Deficiencies that the Meister Panel of the Office of Inspector General, and Comment Period Ends: 12/06/2011, Identified, Land and Resource reports of actions taken pursuant to Contact: Chris Church 303–969–2276. Management Plan, Implementation, authority delegated by the Board of EIS No. 20110335, Final EIS, USACE, Several Counties, MI, Comment Directors. 00, Fargo-Moorhead Metropolitan Period Ends: 12/23/2011, Contact: Discussion Agenda Area Flood Risk Management, To Ken Arbogast 231–775–2421 Revision Document the Analysis of to FR Notice 09/23/2011: Correction Memorandum re: Update of Projected Alternatives Developed To Reduce to Comment Period from 12/21/2011 Deposit Insurance Fund Losses, Flood Risk, Red River of the North to 12/23/2011. Income, and Reserve Ratios for the Basin, ND and MN, Review Period EIS No. 20110327, Draft EIS, BR, 00, Restoration Plan. Ends: 11/07/2011, Contact: Aaron Klamath Facilities Removal Project, Memorandum and resolution re: Notice Snyder 651–290–5489. Advance Restoration of the Salmonid of Proposed Rulemaking on Fisheries Klamath Basin, Siskiyou EIS No. 20110336, Draft Supplement, Prohibitions and Restrictions on County, CA and Klamath County, OR, USFS, 00, Rogue River-Siskiyou Proprietary Trading and Certain Comment Period Ends: 11/29/2011, National Forest, Motorized Vehicle Interests in, and Relationships with, Contact: Elizabeth Vasqueuz 916– Use, Supplement the Existing 2009 Hedge Funds and Private Equity 978–5055 Revision to FR Notice 09/ FEIS To Add Complete Information Funds. and Analysis, Implementation, 30/2011: Correction to Comment Douglas, Klamath, Jackson, Curry, Period from 11/21/2011 to 11/29/ The meeting will be held in the Board Coos and Josephine Counties, OR and 2011. Room on the sixth floor of the FDIC Del Norte and Siskiyou Counties, CA, EIS No. 20110328, Draft EIS, NPS, CA, Building located at 550 17th Street, Comment Period Ends: 11/21/2011, Drakes Bay Oyster Company (DBOC) NW., Washington, DC. Contact: David Krantz 541–618–2200. Special Use Permit (SUP) for the This Board meeting will be Webcast EIS No. 20110337, Final EIS, BIA, CA, Period of 10 Years for its Shellfish live via the Internet and subsequently Manzanita Casino—Manzanita Band Operation, which Consists of made available on-demand of Kumeyaay Indians Fee-To-Trust Commercial Production, Harvesting, approximately one week after the event. and Casino Facility/Hotel Project, Processing, and Sale of Shellfish at Visit http://www.vodium.com/goto/fdic/ Construction and Operation, City of Point Reyes National Seashore, CA, boardmeetings.asp to view the event. If Calexico, Imperial County, CA, Comment Period Ends: 11/29/2011, you need any technical assistance, Review Period Ends: 11/07/2011, Contact: Cicely Muldoon 415–464– please visit our Video Help page at: Contact: John Rydzik 916–978–6051. 5101 Revision to FR Notice 9/30/ http://www.fdic.gov/video.html. EIS No. 20110338, Final EIS, NPS, WV, 2011: Correction to Comment Period New River Gorge National River from 11/21/2011 to 11/29/2011. The FDIC will provide attendees with auxiliary aids (e.g., sign language Project, General Management Plan, Dated: October 4, 2011. Implementation, Fayette, Raleigh and interpretation) required for this meeting. Cliff Rader, Those attendees needing such assistance Summers Counties, WV, Review Acting Director, NEPA Compliance Division, Period Ends: 11/07/2011, Contact: should call 703–562–2404 (Voice) or Office of Federal Activities. 703–649–4354 (Video Phone) to make Deborah Darden 304–465–6509. [FR Doc. 2011–26049 Filed 10–6–11; 8:45 am] EIS No. 20110339, Draft Supplement, necessary arrangements. USN, WA, Trident Support Facilities BILLING CODE 6560–50–P Requests for further information Explosives Handling Wharf (EHW–2), concerning the meeting may be directed New Information, Construction and to Mr. Robert E. Feldman, Executive FEDERAL DEPOSIT INSURANCE Operating, Naval Base Kitsap Bangor, Secretary of the Corporation, at 202– CORPORATION Silverdale, WA, Comment Period 898–7043. Ends: 11/21/2011, Contact: Christine Sunshine Act Meeting Dated: October 4, 2011. Stevenson 360–396–0080. EIS No. 20110340, Draft EIS, BLM, CA, Pursuant to the provisions of the Federal Deposit Insurance Corporation. Walker Ridge Wind Energy ‘‘Government in the Sunshine Act’’ (5 Robert E. Feldman, Generation Facility, Construction, U.S.C. 552b), notice is hereby given that Executive Secretary. Operation and Decommissioning of a the Federal Deposit Insurance [FR Doc. 2011–26130 Filed 10–5–11; 4:15 pm] Wind Energy Generation Facility of Corporation’s Board of Directors will BILLING CODE P

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FEDERAL DEPOSIT INSURANCE SUMMARY: Notice is hereby given that 29491). For further information CORPORATION the Federal Deposit Insurance concerning the identification of any Corporation (Corporation) has been institutions which have been placed in Update to Notice of Financial appointed the sole receiver for the liquidation, please visit the Corporation Institutions for Which the Federal following financial institutions effective Web site at http://www.fdic.gov/bank/ Deposit Insurance Corporation Has as of the Date Closed as indicated in the individual/failed/banklist.html or Been Appointed Either Receiver, listing. This list (as updated from time contact the Manager of Receivership Liquidator, or Manager to time in the Federal Register) may be Oversight in the appropriate service center. AGENCY: Federal Deposit Insurance relied upon as ‘‘of record’’ notice that Corporation. the Corporation has been appointed Dated: October 3, 2011. receiver for purposes of the statement of Federal Deposit Insurance Corporation. ACTION: Update Listing of Financial policy published in the July 2, 1992 Pamela Johnson, Institutions in Liquidation. issue of the Federal Register (57 FR Regulatory Editing Specialist.

INSTITUTIONS IN LIQUIDATION [In alphabetical order]

FDIC Ref. No. Bank Name City State Date closed

10398 ...... First International Bank ...... Plano ...... TX ..... 9/30/2011

[FR Doc. 2011–25977 Filed 10–6–11; 8:45 am] Vice President/CFO, Application International Shipping Lines BILLING CODE 6714–01–P Type: New NVO License. Incorporated (NVO), 2 Thorncliffe Ayalex LLC dba Ayalex Group (OFF), Park Drive, Unit #28, Toronto, ON 13456 Minnieville Road, Woodbridge, M4H 1H2 Canada, Officers: Kamran FEDERAL MARITIME COMMISSION VA 22192, Officers: Alexandre Shaikh, President (Qualifying Ayanou, Manager/President/CEO Individual), Walaja Ahmed, Secretary, Ocean Transportation Intermediary (Qualifying Individual), Faty Ayanou, Application Type: New NVO License. License; Applicants Member, Application Type: New OFF Norton Lilly Logistics, LLC (NVO & License. Notice is hereby given that the OFF), One St. Louis Center, #3002, C. Hartwig Gdynia dba C. Hartwig Mobile, AL 36602, Officers: Horace following applicants have filed with the Transport (NVO), 7, Derdowskiego Federal Maritime Commission an W. Thurber, IV, President (Qualifying Street, 81–369 Gdynia, Poland, Individual), Kevin L. Filliater, Vice application for a license as a Non- Officers: Anna Zadroga, Customer Vessel-Operating Common Carrier President, Application Type: Add Service Manager (Qualifying OFF Service. (NVO) and/or Ocean Freight Forwarder Individual), Dariusz Brodecki, Oceania Logistics Inc (NVO), 131–37 (OFF)—Ocean Transportation Chairman, Application Type: QI 41st Avenue, Suite 2B, Flushing, NY Intermediary (OTI) pursuant to section Change. 19 of the Shipping Act of 1984 as Crowley Logistics, Inc. (NVO & OFF), 11355, Officers: Jian Ying Du, Vice amended (46 U.S.C. Chapter 409 and 46 9487 Regency Square Blvd., President (Qualifying Individual), Shu CFR 515). Notice is also hereby given of Jacksonville, FL 32225, Officers: John Wang, President, Application Type: the filing of applications to amend an G. Smith, OTI Compliance Officer & New NVO License. existing OTI license or the Qualifying Product Logistics Manager (Qualifying South West Caribbean International Individual (QI) for a license. Individual), Thomas B. Crowley, Shipping Incorporated (NVO), 3622 Interested persons may contact the Director, Application Type: QI Church Avenue, Brooklyn, NY 11203, Office of Transportation Intermediaries, Change. Officer: Marcia Brown, President and Federal Maritime Commission, Falcone Global Solutions, LLC (OFF), Secretary, (Qualifying Individual), Washington, DC 20573, by telephone at 142 Ennisbrook Drive, SE., Smyrna, Application Type: New NVO License. (202) 523–5843 or by e-mail at GA 30082, Officers: John B. Falcone, Sprint Global Inc (NVO), 104 [email protected]. Chief Solutions Officer (Qualifying Hickorywood Blvd., Cary, NC 27519, Alltransport International Logistics, Inc. Individual), Suki M. Falcone, Officers: Jagadeeswari (NVO), 63 65th Place, Long Beach, CA President, Application Type: New Chandramouleeswaran, President 90803. Officer: Stephen A. Taub, OFF License. (Qualifying Individual), Saraswathi President/Secretary/CFO (Qualifying Foothills Logistics, Inc. dba Foothills, Lakshmanan, Secretary, Application Individual), Application Type: New Logistics of Florida, Inc., 327 B W Type: New NVO License. NVO License. Phillips Road, Greer, SC 29650, Trans-Force Marine, Inc. (NVO), 5960 American Global Logistics LLC dba AGL Officers: William A. Pottow, Vice NW. 99th Avenue, Unit #9, Doral, FL (NVO & OFF), 3399 Peachtree Road, President (Qualifying Individual), 33178, Officer: Victor Del Castillo, NE., #1130, Atlanta, GA 30326, Janine A. Antonio, President, President/Secretary/Treasurer Officers: Chad Rosenberg, President/ Application Type: License Transfer. (Qualifying Individual), Application CEO (Qualifying Individual), Michael Inter-Jet Ocean Transport, Inc. (NVO), Type: New NVO. Shea, Secretary, Application Type: QI 2600 Main Street Extension, 2nd Change. Floor, Sayreville, NJ 08872, Officers: Dated: October 3, 2011. Ask-Ark, LLC (NVO), 808 Revelstore Tina J. Okragly, Vice President Karen V. Gregory, Terrace, Leesburg, VA 20176, Officers: (Qualifying Individual), Hendrick J. Secretary. Alphonso D. Nettles, President Hartong, Director, Application Type: [FR Doc. 2011–25910 Filed 10–6–11; 8:45 am] (Qualifying Individual), Ify S. Diala, QI Change. BILLING CODE P

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FEDERAL MARITIME COMMISSION Intermediary licenses have been of Ocean Transportation Intermediaries, reissued by the Federal Maritime 46 CFR part 515. Ocean Transportation Intermediary Commission pursuant to section 19 of License; Reissuance the Shipping Act of 1984 (46 U.S.C. Notice is hereby given that the Chapter 409) and the regulations of the following Ocean Transportation Commission pertaining to the licensing

License No. Name/address Date reissued

3512F ...... Urie Transportation Management, Incorporated dba U.S. Northwest Express dba USNW Express, 5150 August 22, 2011. Village Park Drive, SE., Suite 100, Bellevue, WA 98006. 016728F ...... Marushin Group, Inc., 2720 Monterey Street, Suite 405, Torrance, CA 90503 ...... August 4, 2011. 019746N ...... Carmen Cargo Express Inc., 2130 SW. 58th Way, West Park, FL 33023 ...... August 25, 2011. 021094F ...... Amid Logistics, LLC, 10 Florida Park Drive, N., Suite D–1A, Palm Coast, FL 32137 ...... May 23, 2011. 021781N ...... T.V.L. Global Logistics Corp., 9550 Flair Drive, Suite 501, El Monte, CA 91731 ...... August 24, 2011. 022554F ...... Saheed Olalekan Bello dba Sahbell International Services, 8180 Southwest Freeway, Houston, TX July 13, 2011. 77074.

Sandra L. Kusumoto, Reason: Failed to maintain a valid features and/or auxiliary aids, such as Director, Bureau of Certification and bond. sign language interpreters, must inform Licensing. License Number: 019476N. the Commission in advance of those [FR Doc. 2011–25912 Filed 10–6–11; 8:45 am] Name: Embarque Tenares Corp. needs. Subject to 29 CFR 2706.150(a)(3) BILLING CODE 6730–01–P Address: 2249 Washington Avenue, and 2706.160(d). Bronx, NY 10457. CONTACT PERSON FOR MORE INFORMATION: Date Revoked: August 31, 2011. Jean Ellen (202) 434–9950/(202) 708– FEDERAL MARITIME COMMISSION Reason: Failed to maintain a valid 9300 for TDD Relay/1–800–877–8339 bond. for toll free. Ocean Transportation Intermediary License; Revocation License Number: 021414NF. Emogene Johnson, Name: Procargo USA, LLC. Administrative Assistant. The Federal Maritime Commission Address: 1609 NW 82nd Avenue, hereby gives notice that the following Doral, FL 33126. [FR Doc. 2011–26209 Filed 10–5–11; 4:15 pm] Ocean Transportation Intermediary Date Revoked: August 28, 2011. BILLING CODE 6735–01–P licenses have been revoked pursuant to Reason: Failed to maintain valid section 19 of the Shipping Act of 1984 bonds. (46 U.S.C. chapter 409) and the FEDERAL RESERVE SYSTEM regulations of the Commission Sandra L. Kusumoto, pertaining to the licensing of Ocean Director, Bureau of Certification and Formations of, Acquisitions by, and Transportation Intermediaries, 46 CFR Licensing. Mergers of Bank Holding Companies part 515, effective on the corresponding [FR Doc. 2011–25913 Filed 10–6–11; 8:45 am] The companies listed in this notice date shown below: BILLING CODE 6730–01–P have applied to the Board for approval, License Number: 3105F. pursuant to the Bank Holding Company Name: CJG International, Inc. Act of 1956 (12 U.S.C. 1841 et seq.) Address: 40397 Big Oak Flat Road FEDERAL MINE SAFETY AND HEALTH (BHC Act), Regulation Y (12 CFR part South, Oakhurst, CA 93644. REVIEW COMMISSION 225), and all other applicable statutes Date Revoked: August 28, 2011. and regulations to become a bank Sunshine Act Meeting Notice Reason: Failed to maintain a valid holding company and/or to acquire the bond. October 4, 2011. assets or the ownership of, control of, or License Number: 11272N. TIME AND DATE: 10 a.m., Thursday, the power to vote shares of a bank or Name: Stalwart Shipping, Inc. October 13, 2011. bank holding company and all of the Address: 40397 Big Oak Flat Road banks and nonbanking companies South, Oakhurst, CA 93644. PLACE: The Richard V. Backley Hearing owned by the bank holding company, Date Revoked: August 28, 2011. Room, 9th Floor, 601 New Jersey including the companies listed below. Reason: Failed to maintain a valid Avenue, NW., Washington, DC. The applications listed below, as well bond. STATUS: Open. as other related filings required by the License Number: 018702N. MATTERS TO BE CONSIDERED: The Board, are available for immediate Name: TC & RE Enterprises, Inc. dba Commission will consider and act upon inspection at the Federal Reserve Bank Joinus Worldwide Freight. the following in open session: Big Ridge, indicated. The application also will be Address: 1201 South Beach Blvd., Inc., Docket Nos. LAKE 2011–116–R, et available for inspection at the offices of Suite 202, La Habra, CA 90631. al., Peabody Midwest Mining, LLC, the Board of Governors. Interested Date Revoked: August 1, 2011. Docket Nos. LAKE 2011–118–R, et al., persons may express their views in Reason: Voluntarily surrendered and Independence Coal Co., Docket writing on the standards enumerated in license. Nos. WEVA 2011–402–R, et al. (Issues the BHC Act (12 U.S.C. 1842(c)). If the License Number: 019203N. include whether the Secretary of Labor proposal also involves the acquisition of Name: Newport Logistics, Inc. may require that mine operators provide a nonbanking company, the review also Address: 2454 East Dempster Street, certain information and records to her.) includes whether the acquisition of the Suite 206, Des Plaines, IL 60016. Any person attending this meeting nonbanking company complies with the Date Revoked: August 28, 2011. who requires special accessibility standards in section 4 of the BHC Act

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(12 U.S.C. 1843). Unless otherwise Board of Governors of the Federal Reserve DEPARTMENT OF HEALTH AND noted, nonbanking activities will be System, October 4, 2011. HUMAN SERVICES conducted throughout the United States. Robert deV. Frierson, Unless otherwise noted, comments Deputy Secretary of the Board. National Institute for Occupational regarding each of these applications [FR Doc. 2011–25985 Filed 10–6–11; 8:45 am] Safety and Health; Final Effect of Designation of a Class of Employees must be received at the Reserve Bank BILLING CODE 6210–01–P indicated or the offices of the Board of for Addition to the Special Exposure Governors not later than November 4, Cohort 2011. FEDERAL RESERVE SYSTEM AGENCY: National Institute for A. Federal Reserve Bank of St. Louis Occupational Safety and Health (Glenda Wilson, Community Affairs Notice of Proposals To Engage in (NIOSH), Department of Health and Officer) P.O. Box 442, St. Louis, Permissible Nonbanking Activities or Human Services (HHS). Missouri 63166–2034: To Acquire Companies That Are Engaged in Permissible Nonbanking ACTION: Notice. 1. MutualFirst Financial, Inc., Activities Muncie, Indiana; to become a bank SUMMARY: holding company by acquiring 100 The companies listed in this notice HHS gives notice concerning percent of the voting shares of have given notice under the Home the final effect of the HHS decision to MutualBank, Muncie, Indiana. Owners’ Loan Act (HOLA) (12 U.S.C. designate a class of employees from the General Electric Co. in Evendale, Ohio, Board of Governors of the Federal Reserve 1461 et seq.), and Regulation LL (12 CFR as an addition to the Special Exposure System, October 4, 2011. part 238) or Regulation MM (12 CFR part 239) to engage de novo, or to Cohort (SEC) under the Energy Robert deV. Frierson, Employees Occupational Illness Deputy Secretary of the Board. acquire or control voting securities or assets of a company, including the Compensation Program Act of 2000. On [FR Doc. 2011–25986 Filed 10–6–11; 8:45 am] companies listed below, that engages August 31, 2011, as provided for under BILLING CODE 6210–01–P either directly or through a subsidiary or 42 U.S.C. 7384q(b), the Secretary of other company, in a nonbanking activity HHS designated the following class of employees as an addition to the SEC: FEDERAL RESERVE SYSTEM that is described in §§ 238.53 or 238.54 of Regulation LL (12 CFR 238.53 or All employees of the Department of Formations of, Acquisitions by, and 238.54) or § 239.8 of Regulation MM (12 Energy, its predecessor agencies, and their Mergers of Bank Holding Companies; CFR 239.8). Unless otherwise noted, contractors and subcontractors who worked Correction these activities will be conducted at General Electric Co. in Evendale, Ohio, throughout the United States. from January 1, 1961 through June 30, 1970, This notice corrects a notice (FR Doc. Each notice is available for inspection for a number of work days aggregating at least 2011–25514) published on pages 61359 at the Federal Reserve Bank indicated. 250 work days, occurring either solely under and 61360 Tuesday, October 4, 2011. The notice also will be available for this employment or in combination with inspection at the offices of the Board of work days within the parameters established Under the Federal Reserve Bank of for one or more other classes of employees Governors. Interested persons may San Francisco heading, the entry for included in the Special Exposure Cohort. Carpenter Fund Manager GP, LLC; express their views in writing on the Carpenter Fund Management Company, question whether the proposal complies This designation became effective on LLC; Carpenter Community BancFund, with the standards of section September 30, 2011, as provided for L.P.; Carpenter Community BancFund— 10a(c)(4)(B) of HOLA (12 U.S.C. under 42 U.S.C. 7384l(14)(C). Hence, A, L.P.; Carpenter Community 1467a(c)(4)(B)). beginning on September 30, 2011, BancFund—CA, L.P.; SCJ, Inc.; and Unless otherwise noted, comments members of this class of employees, CCFW, Inc., all in Irvine, California, is regarding the applications must be defined as reported in this notice, revised to read as follows: received at the Reserve Bank indicated became members of the Special A. Federal Reserve Bank of San or the offices of the Board of Governors Exposure Cohort. Francisco (Kenneth Binning, Vice not later than October 21, 2011. FOR FURTHER INFORMATION CONTACT: President, Applications and A. Federal Reserve Bank of Stuart L. Hinnefeld, Director, Division Enforcement) 101 Market Street, San Philadelphia (William Lang, Senior Vice of Compensation Analysis and Support, Francisco, California 94105–1579: President), 100 North 6th Street, National Institute for Occupational 1. Carpenter Fund Manager GP, LLC; Philadelphia, Pennsylvania 19105– Safety and Health (NIOSH), 4676 Carpenter Fund Management Company, 1521: Columbia Parkway, MS C–46, LLC; Carpenter Community BancFund, 1. Green County Bancorp, MHC, Cincinnati, OH 45226, Telephone 877– L.P.; Carpenter Community BancFund— Catskill, New York; to establish an 222–7570. Information requests can also A, L.P.; Carpenter Community operating real estate investment trust be submitted by e-mail to BancFund—CA, L.P.; SCJ, Inc.; and subsidiary, Green Property Holdings, [email protected]. CCFW, Inc., all in Irvine, California; to Ltd., Catskill, New York, pursuant to acquire an additional 6 percent, for a section 239.8(a) of Regulation MM. John Howard, total of 43.6 percent, of Manhattan Director, National Institute for Occupational Board of Governors of the Federal Reserve Bancorp, and thereby indirectly acquire Safety and Health. System, October 3, 2011. additional voting shares of Bank of [FR Doc. 2011–26004 Filed 10–6–11; 8:45 am] Manhattan, N.A., both in El Segundo, Jennifer J. Johnson, BILLING CODE 4163–19–P California. Secretary of the Board. Comments on this application must [FR Doc. 2011–25953 Filed 10–6–11; 8:45 am] be received by October 28, 2011. BILLING CODE 6210–01–P

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DEPARTMENT OF HEALTH AND Reauthorization Act of 2009 (CHIPRA) support research on healthcare and on HUMAN SERVICES (Attachment A). Evaluating whether the systems for the delivery of such care, CHIPRA demonstration grants improve including activities with respect to the Agency for Healthcare Research and the quality of care received by children quality, effectiveness, efficiency, Quality in Medicaid and CHIP aligns with appropriateness and value of healthcare AHRQ’s mission of improving the services and with respect to quality Agency Information Collection quality and effectiveness of health care measurement and improvement, 42 Activities: Proposed Collection; in the United States. U.S.C. 299a(a)(1) and (2). Comment Request CHIPRA included funding for five- year grants so that states can Method of Collection AGENCY: Agency for Healthcare Research To achieve the goals of this project the and Quality, HHS. demonstrate effective, replicable strategies for improving the quality of following data collections will be ACTION: Notice. children’s health care in Medicaid and implemented: (1) Key Staff Interviews—two rounds SUMMARY: This notice announces the CHIP. In February 2010, the U.S. of semi-structured interviews with key intention of the Agency for Healthcare Department of Health and Human staff directly involved in the design and Research and Quality (AHRQ) to request Services announced the award of 10 oversight of grant-funded activities in that the Office of Management and demonstration grants. Six of the grantee each of the 18 demonstration states. Key Budget (OMB) approve the proposed states are partnering with other states, staff includes the project director, information collection project: for a total of 18 demonstration states. project manager, and principal ‘‘Evaluation of the Children’s Health The demonstration states are: Colorado investigator and/or medical director. Insurance Program Reauthorization Act (partnering with New Mexico); Florida The purpose of these interviews is to of 2009 (CHIPRA) Quality (with Illinois); Maine (with Vermont); Maryland (with Wyoming and Georgia); gain insight into the implementation of Demonstration Grant Program.’’ In demonstration projects, to understand accordance with the Paperwork Massachusetts; North Carolina; Oregon (with Alaska and West Virginia); contextual factors, and to identify Reduction Act, 44 U.S.C. 3501–3521, lessons and implications for the broad AHRQ invites the public to comment on Pennsylvania; South Carolina; and Utah (with Idaho). application and sustainability of this proposed information collection. projects. Because key staff have the most This proposed information collection These demonstration states are implementing 48 distinct projects in at knowledge of project design and was previously published in the Federal implementation, they will be Register on August 3rd, 2011 and least one of five possible grant categories, A to E. Category A grantees interviewed annually. This request for allowed 60 days for public comment. OMB approval covers the first two One comment was received. The are experimenting with and/or evaluating the use of new pediatric annual interviews with key staff. purpose of this notice is to allow an (2) Implementation Staff Interviews— additional 30 days for public comment. quality measures. Category B grantees are promoting health information semi-structured interviews with staff DATES: Comments on this notice must be technology (HIT) for improved care involved in the day-to-day received by November 7, 2011. delivery and patient outcomes. Category implementation of grant-funded projects ADDRESSES: Written comments should C grantees are expanding person- in each of the 18 demonstration states. be submitted to: AHRQ’s OMB Desk centered medical homes or other These staff members include state Officer by fax at (202) 395–6974 provider-based levels of service agency employees, provider trainers or (attention: AHRQ’s desk officer) or by e- delivery. Category D grantees will coaches, health IT vendors, and/or _ mail at OIRA [email protected] evaluate the impact of a model pediatric project consultants. The purpose of (attention: AHRQ’s desk officer). electronic health record. Category E these interviews is to gain insight into Copies of the proposed collection grantees are testing other state-designed the opportunities and challenges related plans, data collection instruments, and approaches to quality improvement in to key technical aspects of project specific details on the estimated burden Medicaid and CHIP. implementation. can be obtained from the AHRQ Reports This research has the following goals: (3) Stakeholder Interviews—semi- Clearance Officer. (1) To identify CHIPRA state activities structured interviews with external FOR FURTHER INFORMATION CONTACT: that measurably improve the nation’s stakeholders that have a direct interest Doris Lefkowitz, AHRQ Reports health care, especially as it pertains to in children’s care quality in Medicaid Clearance Officer, (301) 427–1477, or by children. and CHIP in each of the 18 e-mail at (2) To develop a deep, systematic demonstration states. Stakeholders [email protected]. understanding of how CHIPRA include representatives of managed care organizations, state chapters of the SUPPLEMENTARY INFORMATION: demonstration states carried out their grant-funded projects. American Academy of Pediatrics, Proposed Project (3) To understand why the CHIPRA advocacy organizations for children and demonstration states pursued certain families, and social service agencies. Evaluation of the Children’s Health strategies. These stakeholders will be familiar with Insurance Program Reauthorization Act (4) To understand whether and how the CHIPRA projects and may serve on of 2009 (CHIPRA) Quality the CHIPRA demonstration states’ advisory panels or workgroups related Demonstration Grant Program efforts affected outcomes related to to one or more projects. The interviews AHRQ is requesting approval from the knowledge and behavior change in will gather insight into the Office of Management and Budget targeted providers and/or consumers of opportunities and challenges related to (OMB) for data collection to support a health care. project implementation, stakeholder national evaluation of the quality This study is being conducted by satisfaction with their project demonstration grants authorized and AHRQ through its contractor, involvement, and contextual factors. appropriated funding under subsection Mathematica Policy Research, and two (4) Health Care Provider Interviews— (d) of Sec. 401(a) of the Children’s subcontractors, pursuant to AHRQ’s semi-structured interviews with health Health Insurance Program statutory authority to conduct and care providers who are, or are not,

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participating in demonstration grant these interviews is to enrich AHRQ’s Estimated Annual Respondent Burden activities (participating and comparison understanding of how the CHIPRA Exhibit 1 shows the estimated providers, respectively) in each of the quality grants contribute to improved annualized burden hours for the 18 demonstration states. Providers can care quality above and beyond other respondent’s time to participate in this include clinicians from private quality-related initiatives happening at evaluation. Key Staff Interviews will be practices, public clinics, Federally the same time. Examples of other conducted twice with 4 persons from qualified health centers, care quality-related initiatives include those each of the 18 CHIPRA demonstration management entities, or school based 1 funded by the HITECH Act, the States and will last for about 1 ⁄2 hours. health centers. The interviews with Pediatric Quality Measures Program, Implementation Staff Interviews will participating providers will capture and various medical home initiatives. include 16 persons from each of the 18 information about project-related The information collected through the CHIPRA demonstration States and take activities, providers’ perceptions of the an hour to complete. Stakeholder likelihood of achieving intended semi-structured interviews will be a key source of evidence for the national Interviews will include 8 persons from outcomes, and providers’ involvement each of the 18 CHIPRA demonstration in other quality-improvement evaluation of the demonstration. Collecting high-quality, timely States and also take an hour to initiatives. The interviews with complete. Health Care Provider interview data from a wide range of comparison providers will ask about the Interviews will be conducted with 12 knowledgeable respondents directly providers’ experiences providing care to persons from each of the 18 CHIPRA children in Medicaid and CHIP, serves AHRQ’s goal of understanding demonstration States and will last 45 coordinating with other providers, use project implementation and the minutes. Non-demonstration States of HIT, and provision of patient- selection and execution of strategies, Interviews will be conducted with 5 centered care. and of identifying the particular persons from 9 non-demonstration (5) Non-demonstration States activities and resources that contributed States and will take about 1 hour to Interviews—semi-structured interviews most to any observed improvement in complete. The total burden for this with knowledgeable Medicaid or CHIP children’s care quality. The products evaluation is estimated to be 855 hours. personnel including the Medicaid/CHIP that will result from this project include Exhibit 2 shows the estimated director, the Medicaid health-IT practice profiles, replication guides, annualized cost burden associated with coordinator, and/or project directors for case studies, and peer-reviewed journal the respondent’s time to participate in state medical home initiatives in 9 non- articles. this evaluation. The total cost burden is demonstration states. The purpose of estimated to be $32,914.

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of re- Data collection Number of re- Number of sponses per Hours per re- Total burden spondents States respondent sponse hours

Key Staff Interviews ...... 4 18 2 1.5 216 Implementation Staff Interviews ...... 16 18 1 1 288 Stakeholder Interviews ...... 8 18 1 1 144 Health Care Provider Interviews ...... 12 18 1 45/60 162 Non-demonstration States Interviews ...... 5 9 1 1 45

Total ...... 45 na na na 855

EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN

Number of re- Number of Total burden Average hour- Total cost bur- Data collection spondents States hours ly wage * den

Key Staff Interviews ...... 4 18 216 $36.35 $7,852 Implementation Staff Interviews ...... 16 18 288 34.67 9,985 Stakeholder Interviews ...... 8 18 144 18.68 2,690 Health Care Provider Interviews ...... 12 18 162 62.50 10,125 Non-demonstration States Interviews ...... 5 9 45 50.26 2,262

Total ...... 45 na 855 na 32,914 * Based upon the mean of the average wages, National Compensation Survey: Occupational wages in the United States May 2009, ‘‘U.S. De- partment of Labor, Bureau of Labor Statistics.’’ Key project staff are state government workers who are general managers. Other implementation personnel are state workers who are managers of social and community services. External stakeholders are civilian workers who are in community and social services occupations. Participant providers are civilian pediatric physicians. Medicaid/CHIP personnel are Federal employees in a medical and health service management role.

Estimated Annual Costs to the Federal (including a base period and four option EXHIBIT 3—ESTIMATED TOTAL AND Government periods); the annualized cost is ANNUAL COST $1,651,662 per year (Exhibit 3). These Exhibit 3 shows the total and costs will be incurred from 2010 to Annual annualized cost for this evaluation. The Cost component Total cost 2012. cost total cost to the government of the entire evaluation contract is $8,258,311 Administration ...... $571,422 $114,284

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EXHIBIT 3—ESTIMATED TOTAL AND DEPARTMENT OF HEALTH AND to Transfer Select Agent or Toxin, (3) ANNUAL COST—Continued HUMAN SERVICES Report of Theft, Loss, or Release of Select Agent and Toxin, (4) Report of Annual Centers for Disease Control and Identification of Select Agent or Toxin, Cost component Total cost cost Prevention and (5) Request for Exemption. Revision [30Day–11–0576] will be made to (2) Request to Transfer Coordination ...... 38,003 7,601 Select Agent or Toxin, (3) Report of Stakeholder Feed- Agency Forms Undergoing Paperwork Theft, Loss, or Release of Select Agent back ...... 201,637 40,327 Reduction Act Review and Toxin, (4) Report of Identification of Technical Expert Select Agent or Toxin. There will be no Panel ...... 359,276 71,855 The Centers for Disease Control and revisions made to the Application for Evaluation Design Prevention (CDC) publishes a list of Registration and Request for Exemption & Implementa- information collection requests under tion ...... 3,981,390 796,278 The total estimated annualized burden review by the Office of Management and for all data collection is 8,878 hours. Technical Assist- Budget (OMB) in compliance with the ance Plan ...... 934,440 186,888 Information will be collected via fax, e- Data Collection In- Paperwork Reduction Act (44 U.S.C. mail and mail from respondents of the struments ...... 138,997 27,799 chapter 35). To request a copy of these 320 entities registered with the Select OMB Clearance .... 35,617 17,808 requests, call the CDC Reports Clearance Agent Program. Annualized burden Section 508 Com- Officer at (404) 639–5960 or send an e- hours were calculated by multiplying pliance ...... 13,883 2,777 mail to [email protected]. Send written the average number of hours used to Data and Analysis comments to CDC Desk Officer, Office of complete the: (1) Application for Reports ...... 735,426 147,085 Management and Budget, Washington, Registration; (2) Request to Transfer Interim Evaluation DC 20503 or by fax to (202) 395–5806. Select Agent or Toxin; (3) Report of Reports ...... 408,803 81,761 Written comments should be received Theft, Loss, or Release of Select Agent Dissemination ...... 736,149 184,037 within 30 days of this notice. or Toxin; (4) Report of Identification of Final Report ...... 103,269 103,269 Proposed Project Select Agent or Toxin; and (5) Request for Exemption. The estimated Total ...... 8,258,311 1,651,662 Possession, Use, and Transfer of annualized burden for the 2008 Select Agents and Toxins (OMB) Possession, Use, and Transfer of Select Request for Comments Control No. (0920–0576) Exp. 12/31/ Agents and Toxins submission was 2011—Revision—Office of Public 9,656.5 hours. The 2011 estimated In accordance with the Paperwork Health Preparedness and Response annualized burden hours are 8,878. Reduction Act, comments on AHRQ’s (OPHPR), Division of Select Agents and Burden has been reduced by 778.5 information collection are requested Toxins (DSAT), Centers for Disease hours due to the removal of similar with regard to any of the following: (a) Control and Prevention (CDC). questions on the Request to Transfer Whether the proposed collection of Background and Brief Description Select Agent or Toxin (Form 2), Report information is necessary for the proper of Theft, Loss, or Release of Select Agent performance of AHRQ healthcare The Public Health Security and or Toxin (Form 3) and the Report of research and healthcare information Bioterrorism Preparedness and Identification of Select Agent or Toxin dissemination functions, including Response Act of 2002, Subtitle A of (Form 4). Therefore respondents are not whether the information will have Public Law 107–188 (42 U.S.C. 262a), required to answer as many questions as practical utility; (b) the accuracy of requires the United States Department requested in the previous data AHRQ’s estimate of burden (including of Health and Human Services (HHS) to collection tool. regulate the possession, use, and hours and costs) of the proposed The Request to Transfer Select Agent transfer of biological agents or toxins collection(s) of information; (c) ways to or Toxin form (42 CFR 73.16) will be (i.e., select agents and toxins) that could enhance the quality, utility, and clarity used by entities requesting transfer of a pose a severe threat to public health and select agent or toxin to their facility. of the information to be collected; and safety. The Agricultural Bioterrorism (d) ways to minimize the burden of the CDC in conjunction with APHIS has Protection Act of 2002, Subtitle B of revised the Request to Transfer Select collection of information upon the Public Law 107–188 (7 U.S.C. 8401), Agent or Toxin form by requiring the respondents, including the use of requires the United States Department recipient to submit the initial request, automated collection techniques or of Agriculture (USDA) to regulate the be notified by the sender of the expected other forms of information technology. possession, use, and transfer of shipment date, and verify if the Comments submitted in response to biological agents or toxins (i.e., select shipment did not occur. Estimated this notice will be summarized and agents and toxins) that could pose a average time to complete this form is 1 included in the Agency’s subsequent severe threat to animal or plant health, hour, 30 minutes. Based on data request for OMB approval of the or animal or plant products. In regarding the transfer requests received proposed information collection. All accordance with these Acts, HHS and since the last submission, CDC estimates comments will become a matter of USDA promulgated regulations 1 transfer requests submitted per public record. requiring entities to register with the registered entity on an annual basis. CDC or the Animal and Plant Health The Report of Theft, Loss, or Release Dated: September 26, 2011. Inspection Service (APHIS) if they of Select Agent and Toxin form (42 CFR Carolyn M. Clancy, possess, use, or transfer a select agent or 73.19(a)(b)) must be completed by Director. toxin (42 CFR part 73, 7 CFR part 331, entities whenever there is theft, loss, or [FR Doc. 2011–25691 Filed 10–6–11; 8:45 am] and 9 CFR part 121). release of a select agent or toxin. CDC is requesting continued OMB Estimated average time to complete this BILLING CODE 4160–90–M approval to collect this information form is 1 hour. Based on data regarding through the use of five forms: (1) the reports received since the last Application for Registration, (2) Request submission, CDC estimates that 1 report

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per respondent will be received on an enforcement agencies to report the complete this form is 1 hour. Based on annual basis. seizure and final disposition of select data regarding the reports received since The Report of Identification of Select agents and toxins. CDC in conjunction the last submission, CDC estimates that Agent or Toxin form 42 CFR 73.5(a)(b) with APHIS has revised the Report of 9 reports per respondent will be and 73.6(a)(b)) will be used by clinical Identification of Select Agent or Toxin received on an annual basis. and diagnostic laboratories to notify form to ensure duplicate reports are not There is no cost to the respondents CDC that select agents or toxins submitted by requesting the entity other than their time. The total identified as the result of diagnostic or making the final identification report estimated annualized burden hours are proficiency testing have been disposed the select agents or toxins identified as 8,878, which is a reduction of 778.5 of in a proper manner. In addition, the the result of diagnostic or verification hours from the previously approved form will be used by Federal law testing. Estimated average time to ICR.

ESTIMATED ANNUALIZED BURDEN HOURS

Number re- CFR Form name Number of sponses per Average burden respondents respondent per response

73.3(d) ...... Application for Registration ...... 5 1 4 .5 73.7(h)(1) ...... Amendment to Registration Application ...... 320 8 1 73.16 ...... Request to Transfer Select Agents or Toxins ...... 320 1 1.5 73.19(a)(b) ...... Notification of Theft, Loss or Release ...... 180 1 1 73.5 & 73.6(a)(b) ...... Report of Identification of Select Agent ...... 320 9 1 73.5 & 73.6(d–e) ...... Request of Exemption ...... 3 1 1 73.3 & 73.4(e)(1) ...... Request for Exclusions/Restricted ...... 71 1 1 73.10(e) ...... Request for Expedited Review ...... 1 1 1 73.20 ...... Administrative Review ...... 30 1 4 73.18 ...... Inspections ...... 320 1 8

Dated: September 30, 2011. be collected; and (4) the use of creation of new facilities under the Daniel Holcomb, automated collection techniques or current participating ‘‘third party Reports Clearance Officer, Centers for Disease other forms of information technology to submitters.’’ Form Number: CMS–10268 Control and Prevention. minimize the information collection (OCN: 0938–1052); Frequency: [FR Doc. 2011–26008 Filed 10–6–11; 8:45 am] burden. Occasionally; Affected Public: Private BILLING CODE 4163–18–P 1. Type of Information Collection Sector; Business or other for-profits and Request: Extension of a currently Not-for-profit institutions; Number of approved collection; Title of Respondents: 400; Total Annual DEPARTMENT OF HEALTH AND Information Collection: Consolidated Responses: 400; Total Annual Hours: HUMAN SERVICES Renal Operations in a Web Enabled 34. (For policy questions regarding this Network (CROWNWeb) Third-party collection contact Michelle Tucker at Centers for Medicare & Medicaid Submission Authorization Form; Use: 410–786–0736. For all other issues call Services The Consolidated Renal Operations in a 410–786–1326.) Web Enabled Network (CROWNWeb) 2. Type of Information Collection [Document Identifier: CMS–10268 and CMS– 1696] Third-Party Submission Authorization Request: Extension of a currently form is to be completed by ‘‘Facility approved collection; Title of Agency Information Collection Administrators’’ (administrators of Information Collection: Appointment of Activities: Proposed Collection; CMS-certified dialysis facilities) if they Representative; Use: This information Comment Request intend to authorize a third party (a collection requests re-approval of an business with which the facility is information collection associated with AGENCY: Centers for Medicare & associated, or an independent vendor) regulations that permit individuals or Medicaid Services, HHS. to submit data to CMS to comply with entities to appoint representatives to In compliance with the requirement the recently-revised Conditions for exercise their rights to appeal an initial of section 3506(c)(2)(A) of the Coverage of dialysis facilities. The determination. The Appointment of Paperwork Reduction Act of 1995, the CROWNWeb system is the system used Representative form will be completed Centers for Medicare & Medicaid as the collection point of data necessary by beneficiaries, providers and Services (CMS) is publishing the for entitlement of ESRD patients to suppliers who wish to appoint following summary of proposed Medicare benefits and for Federal representatives to assist them with collections for public comment. Government monitoring and assessing obtaining initial determinations and Interested persons are invited to send of the quality and types of care provided filing appeals. The appointment of comments regarding this burden to renal patients. The information representative form must be signed by estimate or any other aspect of this collected through the CWTPSA form the party making the appointment and collection of information, including any will allow CMS and its contractors to the individual agreeing to accept the of the following subjects: (1) The receive data from authorized parties appointment. Form Number: CMS–1696 necessity and utility of the proposed acting on behalf of CMS-certified (OCN: 0938–0950); Frequency: information collection for the proper dialysis facilities. Since February 2009, Occasionally; Affected Public: performance of the agency’s functions; CMS has received 4,160 CWTPSA forms Individuals or households and Business (2) the accuracy of the estimated and anticipates that they will continue or other for-profits; Number of burden; (3) ways to enhance the quality, to receive no more than 400 new Respondents: 265,481; Total Annual utility, and clarity of the information to CWTPSA forms annually to address the Responses: 265,481; Total Annual

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Hours: 66,370. (For policy questions following summary of proposed 2003 (MMA) in Subpart K of 42 CFR regarding this collection contact collections for public comment. part 422 entitled Contracts with Katherine Hosna at 410–786–4993. For Interested persons are invited to send Medicare Advantage Organizations. In all other issues call 410–786–1326.) comments regarding this burden addition, the Medicare Improvements To obtain copies of the supporting estimate or any other aspect of this for Patients and Providers Act of 2008 statement and any related forms for the collection of information, including any (MIPPA) amended titles XVII and XIX of proposed paperwork collections of the following subjects: (1) The the Social Security Act to improve the referenced above, access CMS’ Web Site necessity and utility of the proposed Medicare program. address at http://www.cms.hhs.gov/ information collection for the proper In general, coverage for the PaperworkReductionActof1995, or E- performance of the Agency’s function; prescription drug benefit is provided mail your request, including your (2) the accuracy of the estimated through prescription drug plans (PDPs) address, phone number, OMB number, burden; (3) ways to enhance the quality, that offer drug-only coverage or through and CMS document identifier, to utility, and clarity of the information to Medicare Advantage (MA) organizations [email protected], or call the be collected; and (4) the use of that offer integrated prescription drug Reports Clearance Office on (410) 786– automated collection techniques or and health care products (MA–PD 1326. other forms of information technology to plans). PDPs must offer a basic drug In commenting on the proposed minimize the information collection benefit. Medicare Advantage information collections please reference burden. Coordinated Care Plans (MA–CCPs) the document identifier or OMB control 1. Type of Information Collection either must offer a basic benefit or may number. To be assured consideration, Request: New collection; Title of offer broader coverage for no additional comments must be received by Information Collection: Collection of cost. Medicare Advantage Private Fee December 6, 2011, and submitted in one Encounter Data from Medicare for Service Plans (MA–PFFS) may of the following ways: Advantage Organizations; Use: The choose to offer enrollees a Part D 1. Electronically. You may submit Centers for Medicare and Medicaid benefit. Employer Group Plans may also your comments electronically to http:// Services (CMS) intends to collect provide Part D benefits. If any of the www.regulations.gov. Follow the encounter data, or data on each item or contracting organizations meet basic instructions for ‘‘Comment or service delivered to an enrollee, from requirements, they may also offer Submission’’ or ‘‘More Search Options’’ Medicare Advantage Organizations. supplemental benefits through to find the information collection Medicare Advantage organizations will enhanced alternative coverage for an document(s) accepting comments. obtain this data from providers. CMS additional premium. 2. By regular mail. You may mail would collect the data electronically Organizations wishing to provide written comments to the following from Medicare Advantage Organizations healthcare services under MA and/or address: CMS, Office of Strategic via the Health Insurance Portability and MA–PD plans must complete an Operations and Regulatory Affairs, Accountability Act (HIPAA) compliant application, file a bid, and receive final Division of Regulations Development, standard Health Care Claims approval from CMS. Existing MA plans Attention: Document Identifier/OMB transactions for professional data and may request to expand their contracted Control Number, Room C4–26–05, 7500 institutional data. The information is service area by completing the Service Security Boulevard, Baltimore, used to submit health care claims or Area Expansion (SAE) application. Maryland 21244–1850. equivalent health encounter Applicants may offer a local MA plan in Dated: October 4, 2011. information, carry out health plan a county, a portion of a county (i.e., a partial county) or multiple counties. Martique Jones, enrollments and disenrollments, determine health plan eligibility, send Applicants may offer a MA regional Director, Regulations Development Group, plan in one or more of the 26 MA Division B, Office of Strategic Operations and and receive health care payment and Regulatory Affairs. remittance advices, transmit health plan regions. premium payments, determine health This clearance request is for the [FR Doc. 2011–26034 Filed 10–6–11; 8:45 am] care claim status, provide referral information collected to ensure BILLING CODE 4120–01–P certifications and authorizations, and applicant compliance with CMS coordinate the benefits for individuals requirements and to gather data used to support determination of contract DEPARTMENT OF HEALTH AND who have more than one health plan. awards. The information will be HUMAN SERVICES Form Number: CMS–10340 (OMB#: 0938–New); Frequency: Weekly; collected under the solicitation of Part Centers for Medicare & Medicaid Affected Public: Private Sector; C application from MA, EGWP Plan, Services Businesses or other for-profits; Number and Cost Plan applicants. The collection of Respondents: 827; Total Annual information will be used by CMS to: (1) [Document Identifier: CMS–10340, CMS– Responses: 517,793,438; Total Annual Ensure that applicants meet CMS 10237, CMS–10137, and CMS–265–11 and requirements, (2) support the CMS–265–94] Hours: 34,520. (For policy questions regarding this collection contact Sean determination of contract awards. Agency Information Collection Creighton at 410–786–9302 or Deondra Participation in all Programs is Activities: Submission for OMB Moseley at 410–786–4577. For all other voluntary in nature. Only organizations Review; Comment Request issues call 410–786–1326.) that are interested in participating in the 2. Type of Information Collection program will respond to the solicitation. AGENCY: Centers for Medicare & Request: Revision of a currently MA–PDs that voluntarily participate in Medicaid Services, HHS. approved collection; the Part C program must submit a Part In compliance with the requirement Title of Information Collection: Part C D application and successful bid. Form of section 3506(c)(2)(A) of the Medicare Advantage and 1876 Cost Plan Number: CMS–10237 (OMB # 0938– Paperwork Reduction Act of 1995, the Expansion Application; Use: Collection 0935); Frequency: Yearly; Affected Centers for Medicare & Medicaid of this information is mandated in Part Public: Private Sector; Number of Services (CMS), Department of Health C of the Medicare Prescription Drug, Respondents: 378; Total Annual and Human Services, is publishing the Improvement and Modernization Act of Responses: 378; Total Annual Hours:

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13,296. (For policy questions regarding coverage (MA–PD plans). PDPs must cost report is needed to determine the this collection contact Letticia Ramsey offer a basic drug benefit. Medicare amount of reasonable cost due to the at 410–786–5262. For all other issues Advantage Coordinated Care Plans providers for furnishing medical call 410–786–1326.) (MA–CCPs) must offer either a basic services to Medicare beneficiaries; Form 3. Type of Information Collection benefit or may offer broader coverage for Numbers: CMS–265–11 and CMS–265– Request: Revision of a currently no additional cost. Medicare Advantage 94 (OMB#: 0938–0236); Frequency: approved collection; Title of Private Fee for Service Plans (MA– Yearly; Affected Public: Business or Information Collection: Application for PFFS) may choose to offer a Part D other for-profits and Not-for-profit Prescription Drug Plans (PDP); benefit. Cost Plans that are regulated institutions; Number of Respondents: Application for Medicare Advantage under Section 1876 of the Social 5,654 Total Annual Responses: 5,654; Prescription Drug (MA–PD); Security Act, and Employer Group Plans Total Annual Hours: 367,510 (For Application for Cost Plans to Offer may also provide a Part D benefit. If any policy questions regarding this Qualified Prescription Drug Coverage; of the contracting organizations meet collection contact Gail Duncan at 410– Application for Employer Group Waiver basic requirements, they may also offer 786–7278. For all other issues call 410– Plans to Offer Prescription Drug supplemental benefits through 786–1326.) Coverage; Service Area Expansion enhanced alternative coverage for an To obtain copies of the supporting Application for Prescription Drug additional premium. statement and any related forms for the Coverage; Use: The Medicare Applicants may offer either a PDP or proposed paperwork collections Prescription Drug Benefit program was MA–PD plan with a service area referenced above, access CMS Web site established by section 101 of the covering the nation (i.e., offering a plan address at http://www.cms.hhs.gov/ Medicare Prescription Drug, in every region) or covering a limited PaperworkReductionActof1995, or E- Improvement, and Modernization Act of number of regions. MA–PD and Cost mail your request, including your 2003 (MMA) and is codified in section Plan applicants may offer local plans. address, phone number, OMB number, 1860D of the Social Security Act (the There are 34 PDP regions and 26 MA and CMS document identifier, to Act). Section 101 of the MMA amended regions in which PDPs or regional MA– [email protected], or call the Title XVIII of the Social Security Act by PDs may be offered respectively. The Reports Clearance Office on (410) 786– redesignating Part D as Part E and MMA requires that each region have at 1326. inserting a new Part D, which least two Medicare prescription drug To be assured consideration, establishes the voluntary Prescription plans from which to choose, and at least comments and recommendations for the Drug Benefit Program (‘‘Part D’’). The one of those must be a PDP. proposed information collections must MMA was amended on July 15, 2008 by Requirements for contracting with Part be received by the OMB desk officer at the enactment of the Medicare D Sponsors are defined in part 423 of 42 the address below, no later than 5 p.m. Improvements for Patients and CFR. on November 7, 2011. This clearance request is for the Providers Act of 2008 (MIPPA), on OMB, Office of Information and information collected to ensure March 23, 2010 by the enactment of the Regulatory Affairs, applicant compliance with CMS Patient Protection and Affordable Care Attention: CMS Desk Officer. requirements and to gather data used to Act and on March 30, 2010 by the Fax Number: (202) 395–6974. support determination of contract enactment the Health Care and E-mail: awards.; Form Number: CMS–10137 Education Reconciliation Act of 2010 [email protected]. (collectively the Affordable Care Act). (OMB # 0938–0936); Frequency: Coverage for the prescription drug Occasionally; Affected Public: State, Dated: October 4, 2011. benefit is provided through contracted Local, or Tribal Governments; Number Martique Jones, prescription drug plans (PDPs) or of Respondents: 178; Total Annual Director, Regulations Development Group, through Medicare Advantage (MA) Responses: 178; Total Annual Hours: Division B, Office of Strategic Operations and plans that offer integrated prescription 2,322. (For policy questions regarding Regulatory Affairs. drug and health care coverage (MA–PD this collection contact Linda Anders at [FR Doc. 2011–26026 Filed 10–6–11; 8:45 am] plans). Cost Plans that are regulated 410–786–0459. For all other issues call BILLING CODE 4120–01–P under Section 1876 of the Social 410–786–1326.) Security Act, and Employer Group 4. Type of Information Collection Waiver Plans (EGWP) may also provide Request: Revision of a currently DEPARTMENT OF HEALTH AND a Part D benefit. Organizations wishing approved collection; Title of HUMAN SERVICES to provide services under the Information Collection: Independent Prescription Drug Benefit Program must Renal Dialysis Facility Cost Report; Use: Centers for Medicare & Medicaid complete an application, negotiate rates, Form CMS–265–94 has not been revised Services and receive final approval from CMS. and will be used for cost reporting [CMS–8049–N] Existing Part D Sponsors may also periods ending on or before December expand their contracted service area by 31, 2010. Form CMS–265–11 is a new Medicare Program; Establishment of completing the Service Area Expansion form that incorporates portions of CMS– the Medicare Economic Index (SAE) application. 265–94 and CMS–339. It is effective for Technical Advisory Panel and Request Effective January 1, 2006, the Part D cost reporting that begins or overlaps for Nominations for Members program established an optional January 1, 2011. Providers of services prescription drug benefit for individuals participating in the Medicare program AGENCY: Centers for Medicare & who are entitled to Medicare Part A or are required under sections 1815(a), Medicaid Services (CMS), HHS. enrolled in Part B. In general, coverage 1833(e), 1861(v)(1)(A) and 1881(b)(2)(B) ACTION: Notice. for the prescription drug benefit is of the Social Security Act (42 U.S.C. provided through PDPs that offer drug- 1395g) to submit annual information to SUMMARY: This notice announces the only coverage, or through MA achieve settlement of costs for health establishment of the Medicare Economic organizations that offer integrated care services rendered to Medicare Index Technical Advisory Panel and prescription drug and health care beneficiaries. The Form CMS–265–11 discusses the group’s purpose and

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charter. It also requests nominations for physician practices. Following the Government Employees and will be individuals to serve on the panel. technical review meeting(s), the Panel required to go through an ethics review. DATES: Nominations will be considered shall issue a report that summarizes its The Secretary or the Secretary’s if we receive them at the appropriate recommendations for the MEI. designee will appoint members to serve address, provided in the ADDRESSES Meetings will be open to the public on the Panel from amongst the section of this notice, no later than 5 except when closure is specifically candidates that we determine have the p.m., eastern day light time on required by statute, and after all technical expertise to meet specific November 7, 2011. statutory and regulatory requirements agency needs in a manner to ensure an ADDRESSES: Send nominations to: for doing so have been met. The appropriate balance of membership. Centers for Medicare & Medicaid Secretary or other official to whom the Any interested person may nominate Services, 7500 Security Boulevard, authority has been delegated will make one or more qualified individuals. Each Baltimore Maryland 21244–1850, Office such determinations. Notice of all nomination must include the name and of the Actuary, Mail stop N3–02–02, meetings will be given to the public via contact information for both the Attention: John Poisal. a Federal Register notice. nominator and nominee (if not the The Secretary will request that the FOR FURTHER INFORMATION CONTACT: John same). Poisal, (410) 786–6397. Press inquiries Centers for Medicare & Medicaid To ensure that a nomination is are handled through the CMS Press Services (CMS) consider the Panel’s considered, we must receive the Office at (202) 690–6145. recommendations for future rulemaking nomination information by the date to ensure that the MEI accurately and specified in the DATES section of this SUPPLEMENTARY INFORMATION: appropriately meets its intended notice. Nominations should be mailed I. Background statutory purpose. The Panel will not to the address specified in the In the calendar year (CY) 2011 consider issues such as replacing the ADDRESSES section of this notice. Physician Fee Schedule (PFS) proposed price index with a cost index, or other Authority: 42 U.S.C 217a, section 222 of and final rules (75 FR 40095 and 75 FR issues that lie outside the limits of CMS’ the Public Health Service Act. statutory authority, such as replacing 73274), we solicited and responded to Dated: September 29, 2011. the sustainable growth rate (SGR) comments regarding the convening of a Donald M. Berwick, technical advisory panel to review all formula with the MEI. The Panel, as chartered under the Administrator, Centers for Medicare & aspects of the Medicare Economic Index Medicaid Services. (MEI), including the inputs, input legal authority of section 222 of the [FR Doc. 2011–26040 Filed 10–6–11; 8:45 am] weights, price-measurement proxies, Public Health Service Act (42 U.S.C. and productivity adjustment. We noted 217a), is also governed by the provisions BILLING CODE 4120–01–P that we would ask the panel to assess of the Public Law 92–463, as amended the relevance and accuracy of these (5 U.S.C. appendix 2), which sets forth standards for the formation and use of DEPARTMENT OF HEALTH AND inputs to current physician practices. HUMAN SERVICES The panel’s analysis and advisory committees, and the provisions recommendations will be considered for of the Government in the Sunshine Act, Administration for Children and future rulemaking to ensure that the 5 U.S.C. 552b(b). Families MEI accurately and appropriately meets The Panel will terminate 30 days after its intended statutory purpose. We also the date of submission of the final report Submission for OMB Review; solicited comments from the physician to the Secretary, but no later than Comment Request community and other interested September 28, 2012. Title: State Court Improvement members of the public on any other You may view and obtain a copy of Program. specific issues that should be the Secretary’s charter for the Panel at OMB No.: 0970–0307. considered by the technical panel. https://www.cms.gov/FACA/. The Secretary of the Department of B. Composition of the Panel Description Health and Human Services (the The Panel will consist of not more The Court Improvement Program Secretary) is establishing a Medicare than seven members, including the (CIP) is composed of three grants, the Economic Index Technical Advisory chair(s). The Panel may be composed of, basic, data, and training grants, Panel under Public Law 92–463, Federal but is not necessarily limited to, governed by two separate Program Advisory Committee Act, to conduct a representatives of other government Instructions (PIs). The training and data technical review of the MEI. agencies (such as the Bureau of Labor grants are governed by the ‘‘new grant’’ II. Charter, General Responsibilities, Statistics and the Bureau of Economic PI and the basic grant is governed by the and Composition of the Medicare Analysis), members of the Medicare ‘‘basic grant’’ PI. Current PIs require Economic Index Technical Advisory Payment Advisory Commission, separate applications and program Panel researchers, and other independent assessment reports for each grant. Every experts. State applies for at least two of the A. Charter Information and General grants annually and most States apply Responsibilities III. Submission of Nominations for all three. As many of the application On September 28, 2011, the Secretary We are requesting nominations for requirements are the same for all three signed the charter establishing the individuals to serve as members on the grants, this results in duplicative work Medicare Economic Index Technical Panel. We will consider qualified and high degrees of repetition for State Advisory Panel (the Panel). The Panel individuals who are self-nominated or courts applying for more than one CIP will conduct a technical review of the are nominated by agency officials, grant. MEI, including the inputs, input members of Congress, the general The purpose of this Program weights, price-measurement proxies, public, professional societies, trade Instruction is to streamline and simplify and productivity adjustment. The Panel associations, or other organizations. the application and reporting processes will be asked to assess the relevance and Non-federal employee members of the by consolidating the PIs into one single accuracy of these inputs to current Panel will be appointed as Special PI and requiring one single,

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consolidated application (App) package This new PI also describes grants. The agency uses the information and program assessment report (PAR) programmatic and fiscal provisions and received to ensure compliance with the per State court annually. These reporting requirements for the grants, statute and provide training and revisions will satisfy statutory specifies the application submittal and technical assistance to the grantees. programmatic requirements and reduce approval procedures for the grants for Respondents: Highest State Courts of both the number of required responses fiscal years 2012 through 2015, and Appeal. and associated total burden hours for identifies technical resources for use by State courts. State courts during the course of the

ANNUAL BURDEN ESTIMATES

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

App ...... 52 1 92 4784 PAR ...... 52 1 86 4472

Estimated Total Annual Burden Hours: ...... 9256

Additional Information directly to the following: Office of OMB No.: New. Management and Budget, Paperwork Description: This request to collect Copies of the proposed collection may Reduction Project. Fax: 202–395–7285. be obtained by writing to the information is for the Tribal PREP E-mail: Implementation Plan, due by the 10th Administration for Children and [email protected]. month of the first funding year (due by Families, Office of Administration, Attn: Desk Officer for the August 1, 2012). This plan will contain Office of Information Services, 370 Administration for Children and L’Enfant Promenade, SW., Washington, Families. the description of how the grantee DC 20447, Attn: ACF Reports Clearance intends to structure, measure and Officer. All requests should be Robert Sargis, evaluate the implementation of the identified by the title of the information Reports Clearance Officer. project. Information contained in this collection. E-mail address: [FR Doc. 2011–25954 Filed 10–6–11; 8:45 am] Implementation Plan will enable the [email protected]. BILLING CODE 4184–01–P Program Office to provide the necessary OMB Comment technical assistance to help ensure that grantees are structuring Tribal PREP OMB is required to make a decision DEPARTMENT OF HEALTH AND projects within the framework of concerning the collection of information HUMAN SERVICES evidence-based programming. between 30 and 60 days after publication of this document in the Administration for Children and Respondents: Federal Register. Therefore, a comment Families is best assured of having its full effect Proposed Information Collection if OMB receives it within 30 days of Activity; Comment Request publication. Written comments and recommendations for the proposed Title: Tribal PREP Implementation information collection should be sent Plan.

ANNUAL BURDEN ESTIMATES

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

Tribal PREP Plan ...... 16 1 40 640

Estimated Total Annual Burden Families, Office of Administration, whether the information shall have Hours: 640. Office of Information Services, 370 practical utility; (b) the accuracy of the In compliance with the requirements L’Enfant Promenade, SW., Washington, agency’s estimate of the burden of the of Section 3506(c)(2)(A) of the DC 20447, Attn: ACF Reports Clearance proposed collection of information; (c) Paperwork Reduction Act of 1995, the Officer. E-mail address: infocollection@ the quality, utility, and clarity of the Administration for Children and acf.hhs.gov. All requests should be information to be collected; and (d) Families is soliciting public comment identified by the title of the information ways to minimize the burden of the on the specific aspects of the collection. collection of information on information collection described above. The Department specifically requests respondents, including through the use Copies of the proposed collection of comments on: (a) Whether the proposed of automated collection techniques or information can be obtained and collection of information is necessary other forms of information technology. comments may be forwarded by writing for the proper performance of the Consideration will be given to to the Administration for Children and functions of the agency, including

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comments and suggestions submitted DEPARTMENT OF HEALTH AND pathways for the development of drugs within 60 days of this publication. HUMAN SERVICES intended to treat variola virus infection (smallpox) in the event of an outbreak, Robert Sargis, Food and Drug Administration including the use of animal models of Reports Clearance Officer. [Docket No. FDA–2011–N–0002] other orthopoxviruses (the group of [FR Doc. 2011–25947 Filed 10–6–11; 8:45 am] viruses that includes smallpox) as BILLING CODE 4184–01–P Antiviral Drugs Advisory Committee; potential evidence of efficacy. Notice of Meeting FDA intends to make background material available to the public no later DEPARTMENT OF HEALTH AND AGENCY: Food and Drug Administration, than 2 business days before the meeting. HUMAN SERVICES HHS. If FDA is unable to post the background ACTION: Notice. material on its Web site prior to the Food and Drug Administration meeting, the background material will This notice announces a forthcoming be made publicly available at the meeting of a public advisory committee [Docket No. FDA–2010–N–0646] location of the advisory committee of the Food and Drug Administration meeting, and the background material (FDA). The meeting will be open to the Agency Information Collection will be posted on FDA’s Web site after public. the meeting. Background material is Activities; Announcement of Office of Name of Committee: Antiviral Drugs Management and Budget Approval; available at http://www.fda.gov/ Advisory Committee. AdvisoryCommittees/Calendar/default. Tobacco Products, Exemptions From General Function of the Committee: Substantial Equivalence htm. Scroll down to the appropriate To provide advice and advisory committee link. Requirements; Correction recommendations to the Agency on Procedure: Interested persons may FDA’s regulatory issues. present data, information, or views, AGENCY: Food and Drug Administration, Date and Time: The meeting will be orally or in writing, on issues pending HHS. held on December 14, 2011, from 8 a.m. before the committee. Written ACTION: Notice; correction. to 5 p.m. and on December 15, 2011, submissions may be made to the contact from 8 a.m. to 1 p.m. person on or before November 30, 2011. Location: FDA White Oak Campus, SUMMARY: The Food and Drug Oral presentations from the public will Building 31, the Great Room, White Oak Administration (FDA) is correcting a be scheduled between approximately 3 Conference Center (rm. 1503), 10903 p.m. and 4 p.m. on December 14, 2011. notice that appeared in the Federal New Hampshire Ave., Silver Spring, MD Register of September 12, 2011 (76 FR Those individuals interested in making 20993–0002. Information regarding formal oral presentations should notify 56200). The document announced that special accommodations due to a the contact person and submit a brief an information collection had been disability, visitor parking and statement of the general nature of the approved by the Office of Management transportation may be accessed at: evidence or arguments they wish to and Budget (OMB). The document was http://www.fda.gov/Advisory present, the names and addresses of published with an incorrect expiration Committees/default.htm; under the proposed participants, and an date. This document corrects that error. heading ‘‘Resources for You,’’ click on indication of the approximate time FOR FURTHER INFORMATION CONTACT: ‘‘Public Meetings at the FDA White Oak requested to make their presentation on Campus.’’ Please note that visitors to the Joyce Strong, Office of Policy, Food and or before November 21, 2011. Time White Oak Campus must enter through Drug Administration, 10903 New allotted for each presentation may be Building 1. limited. If the number of registrants Hampshire Ave., Bldg. 32, Rm. 3208, Contact Person: Paul Tran, Center for Silver Spring, MD 20993–0002, 301– requesting to speak is greater than can Drug Evaluation and Research, Food be reasonably accommodated during the 796–9148. and Drug Administration, 10903 New scheduled open public hearing session, SUPPLEMENTARY INFORMATION: In FR Doc. Hampshire Ave., Bldg. 31, rm. 2417, FDA may conduct a lottery to determine 2011–23184, appearing on page 56200, Silver Spring, MD 20993–0002, 301 the speakers for the scheduled open in the Federal Register of Monday, 796–9001, FAX: 301 847–8533, e-mail: public hearing session. The contact September 12, 2011, the following [email protected], or FDA Advisory person will notify interested persons correction is made: Committee Information Line, 1–800– regarding their request to speak by 741–8138 (301–443–0572 in the November 22, 2011. 1. On page 56200, in the first column, Washington, DC area), and follow the Persons attending FDA’s advisory under the SUPPLEMENTARY INFORMATION prompts to the desired center or product committee meetings are advised that the section, the sentence ‘‘The approval area. Please call the Information Line for Agency is not responsible for providing expires on August 14, 2014.’’ is up-to-date information on this meeting. access to electrical outlets. corrected to read ‘‘The approval expires A notice in the Federal Register about FDA welcomes the attendance of the on August 31, 2014.’’ last minute modifications that impact a public at its advisory committee Dated: October 3, 2011. previously announced advisory meetings and will make every effort to committee meeting cannot always be David Dorsey, accommodate persons with physical published quickly enough to provide disabilities or special needs. If you Acting Associate Commissioner for Policy and timely notice. Therefore, you should require special accommodations due to Planning. always check the Agency’s Web site and a disability, please contact Paul Tran at [FR Doc. 2011–25967 Filed 10–6–11; 8:45 am] call the appropriate advisory committee least 7 days in advance of the meeting. BILLING CODE 4160–01–P hot line/phone line to learn about FDA is committed to the orderly possible modifications before coming to conduct of its advisory committee the meeting. meetings. Please visit our Web site at Agenda: On December 14 and 15, http://www.fda.gov/Advisory 2011, the committee will discuss Committees/AboutAdvisoryCommittees.

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ucm111462.htm for procedures on possible modifications before coming to disabilities or special needs. If you public conduct during advisory the meeting. require special accommodations due to committee meetings. Agenda: On December 1, 2011, the a disability, please contact AnnMarie Notice of this meeting is given under committee will discuss, make Williams, Conference Management the Federal Advisory Committee Act (5 recommendations, and vote on Staff, 301–796–5966, at least 7 days in U.S.C. app.) information related to the premarket advance of the meeting. approval application, sponsored by Dated: October 4, 2011. FDA is committed to the orderly Contura, Inc., for AQUAMID, a new conduct of its advisory committee Jill Hartzler Warner, material (polyacrylamide) for use as a meetings. Please visit our Web site at Acting Associate Commissioner for Special dermal filler for aesthetic treatment of http://www.fda.gov/ Medical Programs. wrinkles in the face. The AQUAMID AdvisoryCommittees/ [FR Doc. 2011–25976 Filed 10–6–11; 8:45 am] dermal filler is intended for use in mid- AboutAdvisoryCommittees/ BILLING CODE 4160–01–P to-deep sub-dermal implantation for the ucm111462.htm for procedures on aesthetic treatment of moderate to public conduct during advisory severe facial wrinkles and folds, such as committee meetings. DEPARTMENT OF HEALTH AND the nasolabial folds. FDA intends to Notice of this meeting is given under HUMAN SERVICES make background material available to the Federal Advisory Committee Act (5 Food and Drug Administration the public no later than 2 business days U.S.C. app. 2). before the meeting. If FDA is unable to Dated: October 4, 2011. post the background material on its Web [Docket No. FDA–2011–N–0002] Jill Hartzler Warner, site prior to the meeting, the background General and Plastic Surgery Devices material will be made publicly available Acting Associate Commissioner for Special Medical Programs. Panel of the Medical Devices Advisory at the location of the advisory Committee; Notice of Meeting committee meeting, and the background [FR Doc. 2011–25969 Filed 10–6–11; 8:45 am] material will be posted on FDA’s Web BILLING CODE 4160–01–P AGENCY: Food and Drug Administration, site after the meeting. Background HHS. material is available at http:// DEPARTMENT OF HEALTH AND ACTION: Notice. www.fda.gov/AdvisoryCommittees/ HUMAN SERVICES Calendar/default.htm. Scroll down to This notice announces a forthcoming the appropriate advisory committee Food and Drug Administration meeting of a public advisory committee link. of the Food and Drug Administration Procedure: Interested persons may [Docket No. FDA–2011–N–0695] (FDA). The meeting will be open to the present data, information, or views, public. orally or in writing, on issues pending Science of Abuse Liability Name of Committee: General and before the committee. Written Assessment; Public Workshop Plastic Surgery Devices Panel of the submissions may be made to the contact AGENCY: Food and Drug Administration, Medical Devices Advisory Committee. person on or before November 22, 2011. HHS. General Function of the Committee: Oral presentations from the public will To provide advice and ACTION: Notice of public workshop; be scheduled between approximately 1 request for comments. recommendations to the Agency on p.m. and 2 p.m., immediately following FDA’s regulatory issues. lunch. Those individuals interested in The Food and Drug Administration Date and Time: The meeting will be making formal oral presentations should (FDA) is announcing a public workshop held on December 1, 2011, from 8 a.m. notify the contact person and submit a to discuss the science of abuse liability to 6 p.m. brief statement of the general nature of assessment. The Controlled Substance Location: Hilton Washington, DC the evidence or arguments they wish to Staff (CSS) in FDA’s Center for Drug North/Gaithersburg, Salons A, B, C and present, the names and addresses of Evaluation and Research, Office of the D, 620 Perry Pkwy., Gaithersburg, MD. proposed participants, and an Center Director; the National Institute Contact Person: Avena Russell, Food indication of the approximate time on Drug Abuse (NIDA) at the National and Drug Administration, Center for requested to make their presentation on Institutes of Health; and the College on Devices and Radiological Health, 10903 or before November 14, 2011. Time Problems of Drug Dependence (CPDD) at New Hampshire Ave., Bldg. 66, rm. allotted for each presentation may be the Temple University School of 1535, Silver Spring, MD 20993–0002, limited. If the number of registrants Medicine are cosponsoring the 1-day 301–796–3805, requesting to speak is greater than can workshop. [email protected], or FDA be reasonably accommodated during the Date and Time: The public workshop Advisory Committee Information Line, scheduled open public hearing session, will be held on Thursday, November 10, 1–800–741–8138 (301–443–0572 in the FDA may conduct a lottery to determine 2011, from 8 a.m. to 5 p.m. Washington, DC area), and follow the the speakers for the scheduled open Location: The public workshop will prompts to the desired center or product public hearing session. The contact be held at The Legacy Hotel and area. Please call the Information Line for person will notify interested persons Meeting Centre, 1775 Rockville Pike, up-to-date information on this meeting. regarding their request to speak by Rockville, MD 20852, 301–881–2300, A notice in the Federal Register about November 15, 2011. accessible on the Metro Red Line, last minute modifications that impact a Persons attending FDA’s advisory Twinbrook Station. previously announced advisory committee meetings are advised that the Contact Person: Ellen B. Geller, committee meeting cannot always be agency is not responsible for providing CPDD, Temple University School of published quickly enough to provide access to electrical outlets. Medicine, 3400 North Broad Street, timely notice. Therefore, you should FDA welcomes the attendance of the Philadelphia, PA 19140, 215–707–5307, always check the Agency’s Web site and public at its advisory committee e-mail: [email protected]; or Corinne call the appropriate advisory committee meetings and will make every effort to P. Moody, Center for Drug Evaluation hot line/phone line to learn about accommodate persons with physical and Research, Food and Drug

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Administration, 10903 New Hampshire Management between 9 a.m. and 4 p.m., Services Administration. Specifically, Ave., Bldg. 51, rm. 5144, Silver Spring, Monday through Friday. this notice updates the Office of MD 20993–0002, 301–796–5402, e-mail: SUPPLEMENTARY INFORMATION: In the Information Technology (RB5) [email protected]. Federal Register of January 27, 2010 (75 functional statement. The update to the Accommodations: Attendees are FR 4400), FDA announced the functional statement will better align responsible for their own publication of a draft guidance for functional responsibility with improved accommodations. Reservations can be industry on ‘‘Assessment of Abuse security management capabilities and made on a space-available basis at The Potential of Drugs,’’ and requested improved alignment of current security Legacy Hotel and Meeting Centre (see comments on the draft guidance. There initiatives within the Office of Location). were 23 submissions to the docket with Information Technology (RB5). approximately 750 comments received Registration: You are encouraged to Chapter RB5—Office of Information from academia, industry, and the register at your earliest convenience. A Technology registration fee will be charged to help government. General and specific defray the costs of rental of the meeting comments were received on every Section RB5–10, Organization spaces, meals and snacks provided, section of the draft guidance. The The Office of Information Technology travel expenses incurred by invited comment period has closed and FDA is (RB5) is headed by the Director and speakers, and other costs. The gathering current information that may Chief Information Officer, who reports registration fee is $325. Registration fees relate to some of the comments directly to the Chief Operating Officer. will be waived for invited speakers and received. Questions remain, for administrative personnel. example, about when abuse potential Section RB5–20, Functions The registration process, including studies should be conducted, and about (1) Delete the functional statement for payment of the registration fee, will be the signals of abuse or potential abuse the Office of the Director (RB5) and handled by CPDD. Additional observed in clinical trials. This replace in its entirety; and (2) delete the information on the workshop, program workshop is another mechanism for functional statement for the Division of agenda, and registration procedures is continuation of discussion with IT Operational Support Services (RB58) available on the Internet at http:// interested stakeholders before FDA and replace in its entirety. www.seiservices.com/nida/1014102/. finalizes the draft guidance. (FDA has verified the NIDA Web site Transcripts: Please be advised that as Office of the Director (RB5) address, but FDA is not responsible for soon as a transcript is available it will The Chief Information Officer (CIO) is any subsequent changes to the Web site be accessible at http:// responsible for the organization, after this document publishes in the www.regulations.gov. It may be viewed management, and administrative Federal Register.) at the Division of Dockets Management functions necessary to carry out the If you need special accommodations (see Comments). A transcript will also responsibilities of the CIO including: (1) due to a disability, please contact Ellen be available in either hardcopy or on Provides organizational development, B. Geller or Corinne Moody (see Contact CD–ROM, after submission of a investment control, budget formulation Person) at least 7 days in advance of the Freedom of Information request. Written and execution, policy development, workshop. requests are to be sent to the Division strategic and tactical planning, and Comments: FDA is holding this public of Freedom of Information (ELEM– performance monitoring; (2) provides workshop to obtain information about 1029), Food and Drug Administration, leadership in the development, review the science of abuse liability 12420 Parklawn Dr., Element Bldg., and implementation of policies and assessment. The workshop will center Rockville, MD 20857. procedures to promote improved on status, needs, new approaches, and Dated: October 3, 2011. information technology management paradigms regarding preclinical studies, David Dorsey, capabilities and best practices challenges associated with human Acting Associate Commissioner for Policy and throughout HRSA; and (3) coordinates subject abuse potential studies, and Planning. IT workforce issues and works closely adverse events that signal abuse [FR Doc. 2011–25918 Filed 10–6–11; 8:45 am] with the departmental Office of Human potential during clinical trials. The BILLING CODE 4160–01–P Resources Management on IT deadline for submitting comments about recruitment and training issues. this public workshop is January 10, The Chief Information Security 2012. DEPARTMENT OF HEALTH AND Officer (CISO), reporting to the CIO, Regardless of attendance at the public HUMAN SERVICES provides leadership for, and workshop, interested persons may collaborates with, Agency staff to submit either electronic or written Health Resources and Services oversee the implementation of security comments regarding the issues Administration and privacy policy in the management presented at the workshop. Submit of their IT systems, and plans all Statement of Organization, Functions electronic comments to http:// activities associated with Federal and Delegations of Authority www.regulations.gov. Submit written Information Security Management Act comments to the Division of Dockets This notice amends Part R of the (FISMA) or other agency security and Management (HFA–305), Food and Drug Statement of Organization, Functions privacy initiatives, and also carries out Administration, 5630 Fishers Lane, rm. and Delegations of Authority of the the responsibilities including: (1) 1061, Rockville, MD 20852. It is only Department of Health and Human Implements, coordinates, and necessary to send one set of comments. Services (HHS), Health Resources and administers security and privacy It is no longer necessary to send two Services Administration (HRSA) (60 FR programs to protect the information copies of mailed comments. Identify 56605, as amended November 6, 1995; resources of HRSA in compliance with comments with the docket number as last amended at 76 FR 54236 dated legislation, Executive Orders, directives found in brackets in the heading of this August 31, 2011). of the Office of Management and Budget document. Received comments may be This notice reflects organizational (OMB), or other mandated requirements seen in the Division of Dockets changes to the Health Resources and e.g., Presidential Decision Directive 63,

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OMB Circular A–130, the National configuration management, installations (76 FR 46307) and allowed 60-days for Security Agency, the Privacy Act, and and upgrades, security perimeter public comment. No public comment other Federal agencies; (2) executes the protection, and system resource access; were received. The purpose of this Agency’s Risk Management Program, (5) coordinates IT activities for notice is to allow an additional 30 days evaluates and assists with the Continuity of Operations Planning for public comment. The National implementation of safeguards to protect (COOP) Agency-wide including Institutes of Health may not conduct or major information systems, and IT provisioning and maintaining IT sponsor, and the respondent is not infrastructure; (3) manages the infrastructure and hardware at required to respond to, an information development, implementation, and designated COOP locations to support collection that has been extended, evaluation of the HRSA information emergency and COOP requirements; (6) revised, or implemented on or after technology security and privacy training maintains workstation hardware and October 1, 1995, unless it displays a program to meet the requirements as software configuration management currently valid OMB control number. controls; (7) the Chief Technology mandated by OMB Circular A–130, the Proposed Collection: Title: A Generic Computer Security Act, and Privacy Officer (CTO), reporting to the ITOSS Division Director is responsible for Submission for Theory Development Act; (4) assesses all new emerging and Validation (NCI). Type of technologies and impact on technology assessing emerging technologies and the Information Collection Request: NEW. integration on HRSA missions and subsequent impact on current Need and Use of Information Collection: program objectives; (5) provides infrastructure restraints and program In order to carry out NCI’s legislative leadership for strategic planning that objectives; (8) coordinates and engages mandate to conduct and support leverages information systems security, with all OIT Divisions and Branches to research with respect to the causes and program strategies, and advanced insure that advanced technology is prevention of cancer, it is beneficial for technology integration to achieve being utilized to achieve program NCI, through initiatives in the program objectives through innovative objectives through innovative Behavioral Research Program (BRP), to technology use; (6) the HRSA Incident technology use; and (9) provides conduct and support behavioral Response Center (HIRC) provides a leadership and establishes policy and research informed by and informing centralized, responsive resource for provides oversight for Agency IT computer security incident reporting, configuration management. theory. Formative research in the area of management, and situational awareness theory development and validation Section RB5–30, Delegations of would provide the basis for developing of the Department’s information security Authority posture; (7) provides services include effective cancer prevention and control All delegations of authority and re- computer security situational awareness strategies, allow for a better delegations of authority made to HRSA reports, computer forensics, cyber- understanding of theoretical constructs officials that were in effect immediately related advisories, as well as cyber that influence decisions and actions prior to this reorganization, and that are alerts, warnings, and Block/Watch lists related to cancer, and ultimately consistent with this reorganization, are utilized and disseminated; (8) the contribute to reducing the U.S. cancer shall continue in effect pending further HIRC coordinates with other Agencies burden. Data collections that result from re-delegation. and organizations for computer security this generic clearance would inform and This reorganization is effective upon clarify the use of theory in BRP- and maintains a lab where new products date of signature. are tested to insure that HRSA is supported initiatives and funding utilizing state of the art, cutting edge Dated: September 30, 2011. announcements. Specifically, this technologies to ensure the secure Mary K. Wakefield, research would allow NCI to conduct operation of the HRSA infrastructure; Administrator. research to: (1) Identify psychological, and (9) provides leadership for ongoing [FR Doc. 2011–26007 Filed 10–6–11; 8:45 am] biobehavioral, demographic, and cyber protection and incident detection BILLING CODE 4165–15–P individual difference predictors of response, reporting, and handling in cancer prevention and control behaviors accordance with OMB and departmental and outcomes; (2) Develop and refine guidance. DEPARTMENT OF HEALTH AND integrative theories; (3) Identify and HUMAN SERVICES observe theoretical and innovative Division of IT Operational Support trends in cancer prevention and control Services (RB58) National Institutes of Health research; and (4) Determine feasibility The Division of IT Operational and usefulness of collaborative and Submission for OMB Review; Support Services (ITOSS) (1) provides multidisciplinary approaches to cancer Comment Request; A Generic leadership, consultation, training, and prevention and control. Frequency of Submission for Theory Development management services for HRSA’s Response: Will be determined by each and Validation (NCI) enterprise computing environment; (2) project. Affected Public: Individuals or directs and manages the support and SUMMARY: Under the provisions of households; Businesses or other for acquisition of HRSA network and Section 3507(a)(1)(D) of the Paperwork profit; Not-for-profit institutions; desktop hardware, servers, wireless Reduction Act of 1995, the National Federal Government; State, Local, or communication devices, and software Cancer Institute (NCI), the National Tribal Government. Type of licenses; (3) is responsible for the HRSA Institutes of Health (NIH) has submitted Respondents: Members of the public Data Center and the operation and to the Office of Management and Budget including, but not limited to health maintenance of a complex, high- (OMB) a request for review and professionals, physicians, and availability network infrastructure on approval of the information collection researchers. Table 1 outlines the which mission-critical applications are listed below. This proposed information estimated burden hours and cost made available 24 hours per day, 7 days collection was previously published in required for a three-year approval of this per week; (4) controls infrastructure the Federal Register on August 2, 2011 generic submission.

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TABLE A.12–1—ESTIMATES OF BURDEN HOURS FOR THREE YEARS [Generic Study]

Average time Type of respondents Number of Frequency of per response Total burden respondents response (minutes/hour) hours

General Public ...... 2,000 1 15/60 500 (0.25) Physicians ...... 6,000 1 30/60 3,000 (0.5) Health Professionals ...... 1,000 1 60/60 1,000 (1) Researchers ...... 1,000 1 90/60 1,500 (1.5)

Total ...... 11,500 ...... 6,000

Request For Comments: Written Dated: October 3, 2011. as amended. The grant applications and comments and/or suggestions from the Vivian Horovitch-Kelley, the discussions could disclose public and affected agencies are invited NCI Project Clearance Liaison, National confidential trade secrets or commercial on one or more of the following points: Institutes of Health. property such as patentable material, (1) Whether the proposed collection of [FR Doc. 2011–26043 Filed 10–6–11; 8:45 am] and personal information concerning information is necessary for the proper BILLING CODE 4140–01–P individuals associated with the grant performance of the function of the applications, the disclosure of which agency, including whether the would constitute a clearly unwarranted information will have practical utility; DEPARTMENT OF HEALTH AND invasion of personal privacy. (2) The accuracy of the agency’s HUMAN SERVICES Name of Committee: Heart, Lung, and estimate of the burden of the proposed Blood Initial Review Group, Clinical collection of information, including the National Institutes of Health Trials Review Committee. validity of the methodology and Date: October 24–25, 2011. National Institute of Environmental assumptions used; (3) Ways to enhance Time: 8 a.m. to 5 p.m. Health Sciences; Cancellation of the quality, utility, and clarity of the Agenda: To review and evaluate grant Meeting information to be collected; and (4) applications. Place: Hyatt Regency Bethesda, One Ways to minimize the burden of the Notice is hereby given of the Bethesda Metro Center, 7400 Wisconsin collection of information on those who cancellation of the Interagency Breast Avenue, Bethesda, MD 20814. are to respond, including the use of Cancer and Environmental Research Contact Person: Keary A Cope, Ph.D., appropriate automated, electronic, Coordinating Committee, October 12, Scientific Review Officer, Review mechanical, or other technological 2011, 1 p.m. to 3 p.m., NIEHS/National Branch/DERA, National Heart, Lung, collection techniques or other forms of Institutes of Health, Building 4401, East and Blood Institute, 6701 Rockledge information technology. Campus, 79 T.W. Alexander Drive, Drive, Room 7190, Bethesda, MD Direct Comments to OMB: Written Research Triangle Park, NC 27709 20892–7924, 301–435–2222, comments and/or suggestions regarding which was published in the Federal [email protected]. the item(s) contained in this notice, Register on August 12, 2011, 76 FR 50234. (Catalogue of Federal Domestic Assistance especially regarding the estimated Program Nos. 93.233, National Center for public burden and associated response Dated: September 30, 2011. Sleep Disorders Research; 93.837, Heart and time, should be directed to the Jennifer S. Spaeth, Vascular Diseases Research; 93.838, Lung Attention: NIH Desk Officer, Office of Director, Office of Federal Advisory Diseases Research; 93.839, Blood Diseases Management and Budget at Committee Policy. and Resources Research, National Institutes _ of Health, HHS) OIRA [email protected] or by [FR Doc. 2011–26000 Filed 10–6–11; 8:45 am] fax to 202–395–6974. To request more BILLING CODE 4140–01–P Dated: October 3, 2011. information on the proposed project or Jennifer S. Spaeth, to obtain a copy of the data collection Director, Office of Federal Advisory plans and instruments, contact Richard DEPARTMENT OF HEALTH AND Committee Policy. P. Moser, Ph.D., Science of Research HUMAN SERVICES [FR Doc. 2011–25999 Filed 10–6–11; 8:45 am] and Technology Branch, Behavioral BILLING CODE 4140–01–P Research Program, Division of Cancer National Institutes of Health Control and Population Sciences, National Cancer Institute/NIH, 6130 National Heart, Lung, and Blood DEPARTMENT OF HEALTH AND Executive Blvd., Rockville, MD 20892, Institute; Notice of Closed Meeting HUMAN SERVICES call non-toll-free number 301–496–0273 Pursuant to section 10(d) of the or e-mail your request, including your Federal Advisory Committee Act, as National Institutes of Health address to: [email protected]. amended (5 U.S.C. App.), notice is National Cancer Institute; Notice of Comments Due Date: Comments hereby given of the following meeting. Meetings regarding this information collection are The meeting will be closed to the best assured of having their full effect if public in accordance with the Pursuant to section 10(a) of the received within 30-days of the date of provisions set forth in sections Federal Advisory Committee Act, as this publication. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. App.), notice is

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hereby given of meetings of the National license, or passport) and to state the Name of Committee: National Cancer Institute Board of Scientific purpose of their visit. Institute on Deafness and Other Advisors. Information is also available on the Communication Disorders, Special The meetings will be open to the Institute’s/Center’s home page: http:// Emphasis Panel, Review of Clinical public, with attendance limited to space deainfo.nci.nih.gov/advisory/bsa/ Trials. available. Individuals who plan to bsa.htm, where an agenda and any Date: October 27, 2011. attend and need special assistance, such additional information for the meeting Time: 11 a.m. to 12:30 p.m. as sign language interpretation or other will be posted when available. Agenda: To review and evaluate grant reasonable accommodations, should (Catalogue of Federal Domestic Assistance applications. notify the Contact Person listed below Program Nos. 93.392, Cancer Construction; Place: National Institutes of Health, in advance of the meeting. 93.393, Cancer Cause and Prevention 6120 Executive Blvd., Rockville, MD Name of Committee: National Cancer Research; 93.394, Cancer Detection and 20852, (Telephone Conference Call). Institute Board of Scientific Advisors. Diagnosis Research; 93.395, Cancer Contact Person: Christine A. Date: November 6, 2011. Treatment Research; 93.396, Cancer Biology Livingston, PhD, Scientific Review Time: 6:30 p.m. to 8:30 p.m. Research; 93.397, Cancer Centers Support; Officer, Division of Extramural Agenda: caBIG® Oversight Ad Hoc 93.398, Cancer Research Manpower; 93.399, Activities, National Institutes of Health/ Cancer Control, National Institutes of Health, Subcommittee Meeting. HHS) NIDCD, 6120 Executive Blvd.—MSC Place: Hyatt Regency Bethesda, One 7180, Bethesda, MD 20892, (301) 496– Bethesda Metro Center, 7400 Wisconsin Dated: October 3, 2011. 8683, [email protected]. Avenue, Bethesda, MD 20814. Jennifer S. Spaeth, Name of Committee: National Contact Persons: John Czajkowski, Director, Office of Federal Advisory Institute on Deafness and Other MPA, Deputy Director for Management, Committee Policy. Communication Disorders, Special OD, and Paulette S. Gray, PhD, Director, [FR Doc. 2011–25998 Filed 10–6–11; 8:45 am] Emphasis Panel, Clinical Trials. DEA, National Cancer Institute, National BILLING CODE 4140–01–P Date: October 31, 2011. Institutes of Health, 31 Center Drive, Time: 10 a.m. to 12 p.m. Rm. 11A48, Bethesda, MD 20892, 301– Agenda: To review and evaluate grant 435–2455; 301–496–5147, respectively, DEPARTMENT OF HEALTH AND applications. [email protected]; HUMAN SERVICES Place: National Institutes of Health, [email protected], respectively. National Institutes of Health 6120 Executive Blvd., Rockville, MD Name of Committee: National Cancer 20852, (Telephone Conference Call). Institute Board of Scientific Advisors. National Institute on Deafness and Contact Person: Christine A. Date: November 7, 2011. Other Communication Disorders; Livingston, PhD, Scientific Review Time: 9 a.m. to 5 p.m. Notice of Closed Meetings Officer, Division of Extramural Agenda: Director’s Report: Ongoing Activities, National Institutes of Health/ and New Business; Reports of Pursuant to section 10(d) of the NIDCD, 6120 Executive Blvd.—MSC Subcommittees, and Working Groups; Federal Advisory Committee Act, as 7180, Bethesda, MD 0892, (301) 496– and Budget Presentations; Reports of amended (5 U.S.C. App.), notice is 8683, [email protected]. Special Initiatives; RFA and RFP hereby given of the following meetings. Name of Committee: National The meetings will be closed to the Concept Reviews; and Scientific Institute on Deafness and Other public in accordance with the Presentations. Communication Disorders, Special provisions set forth in sections Place: National Institutes of Health, Emphasis Panel, Clinical Trials. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Building 31, 31 Center Drive, 6th Floor, Date: November 3, 2011. Conference Rm. 10, Bethesda, MD as amended. The grant applications and Time: 2 p.m. to 4 p.m. 20892. the discussions could disclose Agenda: To review and evaluate grant Contact Person: Paulette S. Gray, PhD, confidential trade secrets or commercial applications. Executive Secretary, Director, Division property such as patentable material, Place: National Institutes of Health, of Extramural Activities, National and personal information concerning 6120 Executive Blvd., Rockville, MD Cancer Institute, National Institutes of individuals associated with the grant 20852, (Telephone Conference Call). Health, 6116 Executive Boulevard, 8th applications, the disclosure of which Contact Person: Melissa Stick, PhD, Floor, Rm. 8001, Bethesda, MD 20892, would constitute a clearly unwarranted MPH, Chief, Scientific Review Branch, 301–496–5147, [email protected]. invasion of personal privacy. Scientific Review Branch, Division of Name of Committee: National Extramural Activities, NIDCD/NIH, 6120 Any interested person may file Institute on Deafness and Other Executive Blvd., Bethesda, MD 20892, written comments with the committee Communication Disorders, Special 301–496–8683. by forwarding the statement to the Emphasis Panel, Clinical Trials. Contact Person listed on this notice. The Date: October 24, 2011. Name of Committee: National statement should include the name, Time: 9 a.m. to 10:30 a.m. Institute on Deafness and Other address, telephone number and when Agenda: To review and evaluate grant Communication Disorders, Special applicable, the business or professional applications. Emphasis Panel R03, Hearing and affiliation of the interested person. Place: National Institutes of Health, Balance. In the interest of security, NIH has 6120 Executive Blvd., Rockville, MD Date: November 4, 2011. instituted stringent procedures for 20852, (Telephone Conference Call). Time: 1 p.m. to 4 p.m. entrance onto the NIH campus. All Contact Person: Christine A. Agenda: To review and evaluate grant visitor vehicles, including taxicabs, Livingston, PhD, Scientific Review applications. hotel, and airport shuttles will be Officer, Division of Extramural Place: National Institutes of Health, inspected before being allowed on Activities, National Institutes of Health/ 6120 Executive Blvd., Rockville, MD campus. Visitors will be asked to show NIDCD, 6120 Executive Blvd.—MSC 20852, (Telephone Conference Call). one form of identification (for example, 7180, Bethesda, MD 20892, (301) 496– Contact Person: Christine A. a government-issued photo ID, driver’s 8683, [email protected]. Livingston, PhD, Scientific Review

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Officer, Division of Extramural Dated: September 30, 2011. OIRA, 725 17th Street NW., Activities, National Institutes of Health/ Jennifer S. Spaeth, Washington, DC 20503, attention Desk NIDCD, 6120 Executive Blvd.—MSC Director, Office of Federal Advisory Officer for the Coast Guard. 7180, Bethesda, MD 20892, (301) 496– Committee Policy. (3) Hand Delivery: To DMF address 8683, [email protected]. [FR Doc. 2011–26041 Filed 10–6–11; 8:45 am] above, between 9 a.m. and 5 p.m., Name of Committee: National BILLING CODE 4140–01–P Monday through Friday, except Federal Institute on Deafness and Other holidays. The telephone number is 202– Communication Disorders, Special 366–9329. Emphasis Panel, Review of Clinical DEPARTMENT OF HOMELAND (4) Fax: (a) To DMF, 202–493–2251. Trials. SECURITY (b) To OIRA at 202–395–6566. To ensure your comments are received in a Date: November 18, 2011. Coast Guard timely manner, mark the fax, attention Time: 10 a.m. to 11:30 a.m. Desk Officer for the Coast Guard. Agenda: To review and evaluate grant [USCG–2011–0710] The DMF maintains the public docket applications. Collection of Information Under for this Notice. Comments and material Place: National Institutes of Health, Review by Office of Management and received from the public, as well as 6120 Executive Blvd., Rockville, MD Budget documents mentioned in this Notice as 20852, (Telephone Conference Call). being available in the docket, will Contact Person: Melissa Stick, PhD, AGENCY: Coast Guard, DHS. become part of the docket and will be MPH, Chief, Scientific Review Branch, ACTION: Thirty-day notice requesting available for inspection or copying at Scientific Review Branch, Division of comments. room W12–140 on the West Building Extramural Activities, NIDCD/NIH, 6120 Ground Floor, 1200 New Jersey Avenue, Executive Blvd., Bethesda, MD 20892, SUMMARY: In compliance with the SE., Washington, DC, between 9 a.m. 301–496–8683. Paperwork Reduction Act of 1995 the and 5 p.m., Monday through Friday, Information is also available on the U.S. Coast Guard is forwarding except Federal holidays. You may also Institute’s/Center’s home page: http:// Information Collection Requests (ICRs), find the docket on the Internet at www.nidcd.nih.gov/about/groups/sep/, abstracted below, to the Office of http://www.regulations.gov. where an agenda and any additional Management and Budget (OMB), Office Copies of the ICRs are available information for the meeting will be of Information and Regulatory Affairs through the docket on the Internet at posted when available. (OIRA), requesting approval of a http://www.regulations.gov. revision to the following collections of Additionally, copies are available from: (Catalogue of Federal Domestic Assistance information: 1625–0001, Marine Commandant (CG–611), ATTN: Program Nos. 93.173, Biological Research Casualty Information & Periodic Paperwork Reduction Act Manager, U.S. Related to Deafness and Communicative Chemical Drug and Alcohol Testing of Disorders, National Institutes of Health, HHS) Coast Guard, 2100 2nd St., SW., Stop Commercial Vessel Personnel; 1625– 7101, Washington, DC 20593–7101. Dated: October 3, 2011. 0013, Plan Approval and Records for FOR FURTHER INFORMATION CONTACT: Jennifer S. Spaeth, Load Lines—Title 46 CFR Subchapter Contact Ms. Kenlinishia Tyler, Office of Director, Office of Federal Advisory E.; 1625–0097, Plan Approval and Information Management, telephone Committee Policy. Records for Marine Engineering 202–475–3652 or fax 202–475–3929, for [FR Doc. 2011–25997 Filed 10–6–11; 8:45 am] Systems—46 CFR Subchapter F; and questions on these documents. Contact BILLING CODE 4140–01–P 1625–0101, Periodic Gauging and Ms. Renee V. Wright, Program Manager, Engineering Analyses for Certain Tank Docket Operations, 202–366–9826, for Vessels Over 30 Years Old. Our ICRs questions on the docket. DEPARTMENT OF HEALTH AND describe the information we seek to SUPPLEMENTARY INFORMATION: HUMAN SERVICES collect from the public. Review and comments by OIRA ensure we only Public Participation and Request for National Institutes of Health impose paperwork burdens Comments National Institute of Environmental commensurate with our performance of This Notice relies on the authority of Health Sciences; Amended Notice of duties. the Paperwork Reduction Act of 1995; Meeting DATES: Comments must reach the Coast 44 U.S.C. chapter 35, as amended. An Guard and OIRA on or before November ICR is an application to OIRA seeking Notice is hereby given of a change in 7, 2011. the approval, extension, or renewal of a the meeting of the Interagency Breast ADDRESSES: You may submit comments Coast Guard collection of information Cancer and Environmental Research identified by Coast Guard docket (Collection). The ICR contains Coordinating Committee’s State of number [USCG–2011–0710] to the information describing the Collection’s Science Subcommittee meeting, Docket Management Facility (DMF) at purpose, the Collection’s likely burden November 29, 2011, 1 p.m. to 3 p.m., the U.S. Department of Transportation on the affected public, an explanation of NIEHS/National Institutes of Health, (DOT) and/or to OIRA. To avoid the necessity of the Collection, and Building 4401, East Campus, 79 T.W. duplicate submissions, please use only other important information describing Alexander Drive, Research Triangle one of the following means: the Collections. There is one ICR for Park, NC 27709, which was published (1) Online: (a) To Coast Guard docket each Collection. in the Federal Register on September at http://www.regulations.gov. (b) To The Coast Guard invites comments on 23, 2011, 76 FR 59147. OIRA by e-mail via: OIRA- whether these ICRs should be granted This notice is being amended to [email protected]. based on the Collections being change the time of the November 29, (2) Mail: (a) DMF (M–30), DOT, West necessary for the proper performance of 2011 State of Science Subcommittee Building Ground Floor, Room W12–140, Departmental functions. In particular, meeting to 2 p.m. to 4 p.m. The meeting 1200 New Jersey Avenue, SE., the Coast Guard would appreciate is open to the public. Washington, DC 20590–0001. (b) To comments addressing: (1) The practical

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utility of the Collections; (2) the Viewing Comments and Documents 2. Title: Plan Approval and Records accuracy of the estimated burden of the To view comments, as well as for Load Lines—Title 46 CFR Collections; (3) ways to enhance the documents mentioned in this Notice as Subchapter E. quality, utility, and clarity of being available in the docket, go to OMB Control Number: 1625–0013. information subject to the Collections; http://www.regulations.gov, click on the Type of Request: Revision of a and (4) ways to minimize the burden of ‘‘read comments’’ box, which will then currently approved collection. the Collections on respondents, become highlighted in blue. In the including the use of automated Respondents: Owners and operators ‘‘Keyword’’ box insert ‘‘USCG–2011– of vessels. collection techniques or other forms of 710’’ and click ‘‘Search.’’ Click the information technology. These ‘‘Open Docket Folder’’ in the ‘‘Actions’’ Abstract: This information collection comments will help OIRA determine column. You may also visit the DMF in is required to ensure that certain vessels whether to approve the ICRs referred to Room W12–140 on the ground floor of are not overloaded—as evidenced by the in this Notice. the DOT West Building, 1200 New submerging of their assigned load line. We encourage you to respond to this Jersey Avenue, SE., Washington, DC In general, vessels over 150 gross tons request by submitting comments and 20590, between 9 a.m. and 5 p.m., or 24 meters (79 feet) in length engaged related materials. Comments to Coast Monday through Friday, except Federal in commerce on international or Guard or OIRA must contain the OMB coastwise voyages by sea are required to Control Number of the ICR. They must holidays. OIRA posts its decisions on ICRs obtain a Load Line Certificate. also contain the docket number of this online at http://www.reginfo.gov/public/ Forms: Not applicable. request, [USCG 2011–0710], and must do/PRAMain after the comment period be received by November 7, 2011. We Burden Estimate: The estimated for each ICR. An OMB Notice of Action will post all comments received, burden has increased from 1,699 hours on each ICR will become available via without change, to http:// to 1,761 hours a year. a hyperlink in the OMB Control www.regulations.gov. They will include 3. Title: Plan Approval and Records Numbers: 1625–0001, 1625–0013, 1625– any personal information you provide. for Marine Engineering Systems—46 0097 and 1625–0101. We have an agreement with DOT to use CFR Subchapter F. their DMF. Please see the ‘‘Privacy Act’’ Privacy Act OMB Control Number: 1625–0097. paragraph below. Anyone can search the electronic Type of Request: Revision of a Submitting Comments form of comments received in dockets currently approved collection. If you submit a comment, please by the name of the individual Respondents: Owners and builders of include the docket number [USCG– submitting the comment (or signing the commercial vessels. 2011–0710], indicate the specific comment, if submitted on behalf of an association, business, labor union, etc.). Abstract: This collection of section of the document to which each information requires an owner or comment applies, providing a reason for You may review a Privacy Act statement regarding Coast Guard public dockets in builder of a commercial vessel to submit each comment. If you submit a comment to the U.S. Coast Guard for review and online via www.regulations.gov, it will the January 17, 2008, issue of the Federal Register (73 FR 3316). approval, plans pertaining to marine be considered received by the Coast engineering systems to ensure that the Guard when you successfully transmit Previous Request for Comments vessel will meet regulatory standards. the comment. If you fax, hand deliver, This request provides a 30-day or mail your comment, it will be Forms: None. comment period required by OIRA. The considered as having been received by Burden Estimate: The estimated Coast Guard has published the 60-day the Coast Guard when it is received at burden has increased from 3,312 hours notice (76 FR 46824, August 3, 2011) the DMF. We recommend you include to 3,695 hours a year. required by 44 U.S.C. 3506(c)(2). That your name, mailing address, an e-mail Notice elicited no comments. 4. Title: Periodic Gauging and address, or other contact information in Engineering Analyses for Certain Tank the body of your document so that we Information Collection Request Vessels Over 30 Years Old. can contact you if we have questions 1. Title: Marine Casualty Information OMB Control Number: 1625–0101. regarding your submission. & Periodic Chemical Drug and Alcohol You may submit comments and Type of Request: Revision of a Testing of Commercial Vessel material by electronic means, mail, fax, currently approved collection. Personnel. or delivery to the DMF at the address OMB Control Number: 1625–0001. Respondents: Owners and operators under ADDRESSES, but please submit Type of Request: Revision of a of certain tank vessels. them by only one means. To submit currently approved collection. Abstract: The Oil Pollution Act of your comment online, go to http:// Respondents: Vessel owners and 1990 required the issuance of www.regulations.gov, and type ‘‘USCG– operators. regulations related to the structural 2011–0710’’ in the ‘‘Keyword’’ box. If Abstract: Marine casualty information integrity of tank vessels, including you submit your comments by mail or is needed for CG investigations of periodic gauging of the plating thickness hand delivery, submit them in an commercial vessel casualties involving of tank vessels over 30 years old. This 1 unbound format, no larger than 8 ⁄2 by death, vessel damage, etc., as mandated collection of information is used to 11 inches, suitable for copying and by Congress. Chemical testing verify the structural integrity of older electronic filing. If you submit information is needed to improve CG tank vessels. comments by mail and would like to detection/reduction of drug use by Forms: None. know that they reached the Facility, mariners. please enclose a stamped, self-addressed Forms: CG–2692, CG–2692A, CG– Burden Estimate: The estimated postcard or envelope. We will consider 2692B. burden has decreased from 9,918 hours all comments and material received Burden Estimate: The estimated to 7,946 hours a year. during the comment period and will burden has increased from 15,753 hours Authority: The Paperwork Reduction Act address them accordingly. to 16,194 hours a year. of 1995; 44 U.S.C. chapter 35, as amended.

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Dated: September 30, 2011. become part of the docket and will be contain the OMB Control Number of the R.E. Day, available for inspection or copying at ICR and the docket number of this Rear Admiral, U.S. Coast Guard, Assistant room W12–140 on the West Building request, [USCG–2011–0902], and must Commandant for Command, Control, Ground Floor, 1200 New Jersey Avenue, be received by December 6, 2011. We Communications, Computers and SE., Washington, DC, between 9 a.m. will post all comments received, Information Technology. and 5 p.m., Monday through Friday, without change, to http:// [FR Doc. 2011–25971 Filed 10–6–11; 8:45 am] except Federal holidays. You may also www.regulations.gov. They will include BILLING CODE 9110–04–P find the docket on the Internet at any personal information you provide. http://www.regulations.gov. We have an agreement with DOT to use A copy of the ICR is available through their DMF. Please see the ‘‘Privacy Act’’ DEPARTMENT OF HOMELAND the docket on the Internet at http:// paragraph below. SECURITY www.regulations.gov. Additionally, Submitting Comments copies are available from: Commandant Coast Guard (CG–611), Attn Paperwork Reduction If you submit a comment, please [USCG–2011–0902] Act Manager, U.S. Coast Guard, 2100 include the docket number [USCG– 2nd St., SW., Stop 7101, Washington, 2011–0902], indicate the specific Information Collection Request to DC 20593–7101. section of the document to which each comment applies, providing a reason for Office of Management and Budget FOR FURTHER INFORMATION CONTACT: each comment. You may submit your Ms. Kenlinishia Tyler, Office of AGENCY: Coast Guard, DHS. comments and material online (via Information Management, telephone ACTION: Sixty-day notice requesting http://www.regulations.gov), by fax, 202–475–3652, or fax 202–475–3929, for comments. mail, or hand delivery, but please use questions on these documents. Contact only one of these means. If you submit SUMMARY: In compliance with the Ms. Renee V. Wright, Program Manager, a comment online via http:// Paperwork Reduction Act of 1995, the Docket Operations, 202–366–9826, for www.regulations.gov, it will be U.S. Coast Guard intends to submit an questions on the docket. considered received by the Coast Guard Information Collection Request (ICR) to SUPPLEMENTARY INFORMATION: when you successfully transmit the the Office of Management and Budget comment. If you fax, hand deliver, or (OMB), Office of Information and Public Participation and Request for Comments mail your comment, it will be Regulatory Affairs (OIRA), requesting an considered as having been received by extension of its approval for the This Notice relies on the authority of the Coast Guard when it is received at following collection of information: the Paperwork Reduction Act of 1995; the DMF. We recommend you include 1625–0004, United States Coast Guard 44 U.S.C. Chapter 35, as amended. An your name, mailing address, an e-mail Academy Application and ICR is an application to OIRA seeking address, or other contact information in Supplemental Forms. Our ICR describe the approval, extension, or renewal of a the body of your document so that we the information we seek to collect from Coast Guard collection of information can contact you if we have questions the public. Before submitting this ICR to (Collection). The ICR contains regarding your submission. OIRA, the Coast Guard is inviting information describing the Collection’s You may submit your comments and comments as described below. purpose, the Collection’s likely burden material by electronic means, mail, fax, DATES: Comments must reach the Coast on the affected public, an explanation of or delivery to the DMF at the address Guard on or before December 6, 2011. the necessity of the Collection, and under ADDRESSES; but please submit ADDRESSES: You may submit comments other important information describing them by only one means. To submit identified by Coast Guard docket the Collections. There is one ICR for your comment online, go to http:// number [USCG–2011–0902] to the each Collection. www.regulations.gov, and type ‘‘USCG– Docket Management Facility (DMF) at The Coast Guard invites comments on 2011–0902’’ in the ‘‘Keyword’’ box. If the U.S. Department of Transportation whether this ICR should be granted you submit your comments by mail or (DOT). To avoid duplicate submissions, based on the Collection being necessary hand delivery, submit them in an please use only one of the following for the proper performance of unbound format, no larger than 81⁄2 by means: Departmental functions. In particular, 11 inches, suitable for copying and (1) Online: http:// the Coast Guard would appreciate electronic filing. If you submit www.regulations.gov. comments addressing: (1) The practical comments by mail and would like to (2) Mail: DMF (M–30), DOT, West utility of the Collection; (2) the accuracy know that they reached the Facility, Building Ground Floor, Room W12–140, of the estimated burden of the please enclose a stamped, self-addressed 1200 New Jersey Avenue, SE., Collection; (3) ways to enhance the postcard or envelope. We will consider Washington, DC 20590–0001. quality, utility, and clarity of all comments and material received (3) Hand delivery: Same as mail information subject to the Collection; during the comment period and will address above, between 9 a.m. and and (4) ways to minimize the burden of address them accordingly. 5 p.m., Monday through Friday, except the Collections on respondents, Viewing comments and documents: Federal holidays. The telephone number including the use of automated To view comments, as well as is 202–366–9329. collection techniques or other forms of documents mentioned in this Notice as (4) Fax: 202–493–2251. To ensure information technology. In response to being available in the docket, go to your comments are received in a timely your comments, we may revise this ICR http://www.regulations.gov, click on the manner, mark the fax, to attention Desk or decide not to seek an extension of ‘‘read comments’’ box, which will then Officer for the Coast Guard. approval for the Collection. We will become highlighted in blue. In the The DMF maintains the public docket consider all comments and material ‘‘Keyword’’ box insert ‘‘USCG–2011– for this Notice. Comments and material received during the comment period. 0902’’ and click ‘‘Search.’’ Click the received from the public, as well as We encourage you to respond to this ‘‘Open Docket Folder’’ in the ‘‘Actions’’ documents mentioned in this Notice as request by submitting comments and column. You may also visit the DMF in being available in the docket, will related materials. Comments must Room W12–140 on the ground floor of

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the DOT West Building, 1200 New Information Collection Request (ICR), FOR FURTHER INFORMATION CONTACT: Ms. Jersey Avenue, SE., Washington, DC abstracted below, to the Office of Kenlinishia Tyler, Office of Information 20590, between 9 a.m. and 5 p.m., Management and Budget (OMB), Office Management, telephone 202–475–3652 Monday through Friday, except Federal of Information and Regulatory Affairs or fax 202–475–3929, for questions on holidays. (OIRA), requesting approval of a these documents. Contact Ms. Renee V. revision to the following collection of Wright, Program Manager, Docket Privacy Act information: 1625–0018, Official Operations, 202–366–9826, for Anyone can search the electronic Logbook. Our ICR describes the questions on the docket. form of comments received in dockets information we seek to collect from the SUPPLEMENTARY INFORMATION: by the name of the individual public. Review and comments by OIRA Public Participation and Request for submitting the comment (or signing the ensure we only impose paperwork Comments comment, if submitted on behalf of an burdens commensurate with our association, business, labor union, etc.). performance of duties. This Notice relies on the authority of You may review a Privacy Act statement the Paperwork Reduction Act of 1995; DATES: Comments must reach the Coast 44 U.S.C. chapter 35, as amended. An regarding Coast Guard public dockets in Guard and OIRA on or before November ICR is an application to OIRA seeking the January 17, 2008, issue of the 7, 2011. Federal Register (73 FR 3316). the approval, extension, or renewal of a ADDRESSES: You may submit comments Coast Guard collection of information Information Collection Request identified by Coast Guard docket (Collection). The ICR contains Title: United States Coast Guard number [USCG–2011–0728] to the information describing the Collection’s Academy Application and Docket Management Facility (DMF) at purpose, the Collection’s likely burden Supplemental Forms. the U.S. Department of Transportation on the affected public, an explanation of OMB Control Number: 1625–0004. (DOT) and/or to OIRA. To avoid the necessity of the Collection, and Summary: This collection contains duplicate submissions, please use only other important information describing the application and all supplemental one of the following means: the Collection. There is one ICR for each forms required to be considered as an (1) Online: (a) To Coast Guard docket Collection. applicant to the U.S. Coast Guard at http://www.regulation.gov. (b) To The Coast Guard invites comments on Academy. OIRA by e-mail via: OIRA- whether this ICR should be granted Need: The information is needed to [email protected]. based on the Collection being necessary select applicants for appointment as (2) Mail: (a) DMF (M–30), DOT, West for the proper performance of Cadet, U.S. Coast Guard to attend the Building Ground Floor, Room W12–140, Departmental functions. In particular, U.S. Coast Guard Academy. 1200 New Jersey Avenue, SE., the Coast Guard would appreciate Forms: CGA–14, CGA–14A, CGA– Washington, DC 20590–0001. (b) To comments addressing: (1) The practical 14B, CGA–14C, CGA–14D. OIRA, 725 17th Street, NW., utility of the collection; (2) the accuracy Respondents: Approximately 4,500 Washington, DC 20503, attention Desk of the estimated burden of the applicants apply annually to the U.S. Officer for the Coast Guard. collection; (3) ways to enhance the Coast Guard Academy. (3) Hand Delivery: To DMF address quality, utility, and clarity of Frequency: Applicants must apply above, between 9 a.m. and 5 p.m., information subject to the collection; only once per year. Monday through Friday, except Federal and (4) ways to minimize the burden of Burden Estimate: The estimated holidays. The telephone number is 202– the collections on respondents, burden has decreased from 8,100 annual 366–9329. including the use of automated hours to 6,750 annual hours. collection techniques or other forms of (4) Fax: (a) To DMF, 202–493–2251. information technology. These Dated: September 30, 2011. (b) To OIRA at 202–395–6566. To comments will help OIRA determine R.E. Day, ensure your comments are received in a whether to approve the ICR referred to Rear Admiral, U.S. Coast Guard, Assistant timely manner, mark the fax, attention in this Notice. Commandant for Command, Control, Desk Officer for the Coast Guard. Communications, Computers and We encourage you to respond to this The DMF maintains the public docket request by submitting comments and Information Technology. for this Notice. Comments and material [FR Doc. 2011–25956 Filed 10–6–11; 8:45 am] related materials. Comments to Coast received from the public, as well as Guard or OIRA must contain the OMB BILLING CODE 9110–04–P documents mentioned in this Notice as Control Number of the ICR. They must being available in the docket, will also contain the docket number of this become part of the docket and will be request, [USCG 2011–0728], and must DEPARTMENT OF HOMELAND available for inspection or copying at SECURITY be received by November 7, 2011. We room W12–140 on the West Building will post all comments received, Coast Guard Ground Floor, 1200 New Jersey Avenue, without change, to http:// SE., Washington, DC, between 9 a.m. www.regulations.gov. They will include [USCG–2011–0728] and 5 p.m., Monday through Friday, any personal information you provide. except Federal holidays. You may also Collection of Information Under We have an agreement with DOT to use find the docket on the Internet at their DMF. Please see the ‘‘Privacy Act’’ Review by Office of Management and http://www.regulations.gov. Budget paragraph below. A copy of the ICR is available through Submitting Comments AGENCY: Coast Guard, DHS. the docket on the Internet at http:// ACTION: Thirty-day notice requesting www.regulations.gov. Additionally, If you submit a comment, please comments. copies are available from: Commandant include the docket number [USCG– (CG–611), Attn: Paperwork Reduction 2011–0728], indicate the specific SUMMARY: In compliance with the Act Manager, U.S. Coast Guard, 2100 section of the document to which each Paperwork Reduction Act of 1995 the 2nd St., SW., Stop 7101, Washington, comment applies, providing a reason for U.S. Coast Guard is forwarding an DC 20593–7101. each comment. If you submit a comment

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online via http://www.regulations.gov, it the January 17, 2008, issue of the monitor the activities of terminal will be considered received by the Coast Federal Register (73 FR 3316). facilities and crude oil tankers under the Guard when you successfully transmit Cook Inlet Program established by Previous Request for Comments the comment. If you fax, hand deliver, statute. This request provides a 30-day or mail your comment, it will be DATES: This recertification is effective considered as having been received by comment period required by OIRA. The for the period from September 1, 2011, the Coast Guard when it is received at Coast Guard has published the 60-day through August 31, 2012. notice (76 FR 46827, August 3, 2011) the DMF. We recommend you include FOR FURTHER INFORMATION CONTACT: your name, mailing address, an e-mail required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments. LCDR Michael Franklin, Seventeenth address, or other contact information in Coast Guard District (dpi); Telephone the body of your document so that we Information Collection Request (907) 463–2821, e-mail can contact you if we have questions [email protected]. regarding your submission. Title: Official Logbook. OMB Control Number: 1625–0018. You may submit comments and SUPPLEMENTARY INFORMATION: Type of Request: Revision of a material by electronic means, mail, fax, previously approved collection. Background and Purpose or delivery to the DMF at the address Respondents: Shipping companies. As part of the Oil Pollution Act of under ADDRESSES, but please submit Abstract: The Official Logbook 1990, Congress passed the Oil Terminal them by only one means. To submit contains information about the voyage, and Oil Tanker Environmental your comment online, go to http:// the vessel’s crew, drills, watches, and Oversight and Monitoring Act of 1990 www.regulations.gov, and type ‘‘USCG– operations conducted during the (the Act), 33 U.S.C. 2732, to foster a 2011–0728’’ in the ‘‘Keyword’’ box. If voyage. Official Logbook entries identify long-term partnership among industry, you submit your comments by mail or particulars of the voyage, including the government, and local communities in hand delivery, submit them in an name of the ship, official number, port 1 overseeing compliance with unbound format, no larger than 8 ⁄2 by of registry, tonnage, names and environmental concerns in the 11 inches, suitable for copying and merchant mariner credential numbers of operation of crude oil terminals and oil electronic filing. If you submit the master and crew, the nature of the tankers. comments by mail and would like to voyage, and class of ship. In addition, it On October 18, 1991, the President know that they reached the Facility, also contains entries for the vessel’s delegated his authority under 33 U.S.C. please enclose a stamped, self-addressed drafts, maintenance of watertight 2732(o) to the Secretary of postcard or envelope. We will consider integrity of the ship, drills and Transportation in Executive Order all comments and material received inspections, crew list and report of 12777, section 8(g) (see 56 FR 54757; during the comment period and will character, a summary of laws applicable October 22, 1991) for purposes of address them accordingly. to Official Logbooks, and miscellaneous certifying advisory councils, or groups, Viewing Comments and Documents entries. subject to the Act. On March 3, 1992, Forms: CG–706B. the Secretary redelegated that authority To view comments, as well as Burden Estimate: The estimated to the Commandant of the USCG (see 57 documents mentioned in this Notice as burden is 1750 hours a year. FR 8582; March 11, 1992). The being available in the docket, go to Commandant redelegated that authority http://www.regulations.gov, click on the Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended. to the Chief, Office of Marine Safety, ‘‘read comments’’ box, which will then Dated: September 30, 2011. Security and Environmental Protection become highlighted in blue. In the (G–M) on March 19, 1992 (letter #5402). ‘‘Keyword’’ box insert ‘‘USCG–2011– R.E. Day, On July 7, 1993, the USCG published 0728’’ and click ‘‘Search.’’ Click the Rear Admiral, U.S. Coast Guard, Assistant a policy statement, 58 FR 36504, to ‘‘Open Docket Folder’’ in the ‘‘Actions’’ Commandant for Command, Control, clarify the factors that shall be column. You may also visit the DMF in Communications, Computers and Information Technology. considered in making the determination Room W12–140 on the ground floor of as to whether advisory councils, or [FR Doc. 2011–25972 Filed 10–6–11; 8:45 am] the DOT West Building, 1200 New groups, should be certified in Jersey Avenue, SE., Washington, DC BILLING CODE 9110–04–P accordance with the Act. 20590, between 9 a.m. and 5 p.m., The Assistant Commandant for Monday through Friday, except Federal Marine Safety and Environmental DEPARTMENT OF HOMELAND holidays. Protection (CG–5), redelegated SECURITY OIRA posts its decisions on ICRs recertification authority for advisory online at http://www.reginfo.gov/public/ Coast Guard councils, or groups, to the Commander, do/PRAMain after the comment period Seventeenth Coast Guard District on for each ICR. An OMB Notice of Action [USCG–2011–0852] February 26, 1999 (letter #16450). on each ICR will become available via On September 16, 2002, the USCG a hyperlink in the OMB Control Cook Inlet Regional Citizens’ Advisory published a policy statement, 67 FR Number: 1625–0018. Council (CIRCAC) Charter Renewal 58440, that changed the recertification procedures such that applicants are Privacy Act AGENCY: Coast Guard, DHS. ACTION: Notice of recertification. required to provide the USCG with Anyone can search the electronic comprehensive information every three form of comments received in dockets SUMMARY: The purpose of this notice is years (triennially). For each of the two by the name of the individual to inform the public that the Coast years between the triennial application submitting the comment (or signing the Guard has recertified the Cook Inlet procedure, applicants submit a letter comment, if submitted on behalf of an Regional Citizens’ Advisory Council requesting recertification that includes a association, business, labor union, etc.). (CIRCAC) as an alternative voluntary description of any substantive changes You may review a Privacy Act statement advisory group for Cook Inlet, Alaska. to the information provided at the regarding Coast Guard public dockets in This certification allows the CIRCAC to previous triennial recertification.

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Further, public comment is not solicited DEPARTMENT OF HOMELAND Records Management Division for prior to recertification during SECURITY copies of the proposed collection of streamlined years, only during the information at facsimile number (202) triennial comprehensive review. Federal Emergency Management 646–3347 or e-mail address: FEMA- Agency Information-Collections- Discussion of Comments [Docket ID: FEMA–2011–0015] [email protected]. On July 18, 2011, the USCG published SUPPLEMENTARY INFORMATION: The a Notice of Availability; request for Agency Information Collection Robert T. Stafford Disaster Relief and comments for recertification of the Cook Activities: Proposed Collection; Emergency Assistance Act (Pub. L. 93– Inlet Regional Citizens’ Advisory Comment Request, OMB No. 1660– 288) (the Stafford Act), as amended, is 0002; Disaster Assistance Registration Council in the Federal Register (76 FR the legal basis for the Federal 42134). We received 15 letters AGENCY: Federal Emergency Emergency Management Agency commenting on the proposed action. No Management Agency, DHS. (FEMA) to provide financial needs and services to individuals who apply for public meeting was requested, and none ACTION: Notice. was held. Of the 15 letters received, 14 disaster assistance benefits in the event were in support of the CIRCAC SUMMARY: The Federal Emergency of a federally declared disaster. Regulations in title 44 Code of Federal application for recertification. These Management Agency, as part of its Regulations (CFR), Subpart D, ‘‘Federal letters in support of the recertification continuing effort to reduce paperwork and respondent burden, invites the Assistance to Individuals and consistently cited CIRCAC’s broad Households’’, implement the policy and representation of the respective general public and other Federal agencies to take this opportunity to procedures set forth in section 408 of community’s interests, appropriate the Stafford Act, 42 U.S.C. 5174, as actions to keep the public informed, comment on a proposed revision of a currently approved information amended. This program provides improvements to both spill response collection. In accordance with the financial assistance and, if necessary, preparation and spill prevention, and Paperwork Reduction Act of 1995, this direct assistance to eligible individuals oil spill industry monitoring efforts that notice seeks comments concerning the and households who, as a direct result combat complacency—as intended by Disaster Assistance Registration process. of a major disaster, have uninsured or the Act. One comment recommended DATES: Comments must be submitted on under-insured, damage, necessary against recertification and expressed or before December 6, 2011. expenses, and serious needs which are concern that CIRCAC did not represent not covered through other means. ADDRESSES: the communities and interests of Cook To avoid duplicate Individuals and households may submissions to the docket, please use Inlet and that the CIRCAC did not apply for assistance under the only one of the following means to promote environmentally safe marine Individuals and Households program submit comments: transportation and oil facility via telephone or Internet. FEMA utilizes (1) Online. Submit comments at paper forms 009–0–1 (English) Disaster operations. All comments were taken http://www.regulations.gov under into consideration, together with the Assistance Registration or FEMA Form Docket ID FEMA–2011–0015. Follow 009–0–2 (Spanish), Solicitud/Registro information provided with the CIRCAC the instructions for submitting 2011 application for recertification, and Para Asistencia De Resastre to register comments. individuals. the totality of the comments and (2) Mail. Submit written comments to information provided establishes that FEMA provides direct assistance to Docket Manager, Office of Chief eligible applicants pursuant to the the CIRCAC satisfies the requirements Counsel, DHS/FEMA, 500 C Street, SW., requirements in 44 CFR 206.117. To necessary to obtain recertification under Room 835, Washington, DC 20472– receive direct assistance for housing the Act, 33 U.S.C. 2732 et seq. 3100. (e.g., mobile home or travel trailer) from (3) Facsimile. Submit comments to Recertification FEMA, the applicant is required to (703) 483–2999. acknowledge and accept the conditions By letter dated September 14, 2011, (4) E-mail. Submit comments to for occupying government property. The the Commander, Seventeenth Coast [email protected]. Include Docket form used is the Declaration and Guard District certified that the CIRCAC ID FEMA–2011–0015 in the subject line. Release; FEMA Form 009–0–4, or the qualifies as an alternative voluntary All submissions received must Declaracio´n Y Autorizacio´n; FEMA include the agency name and Docket ID. advisory group under 33 U.S.C. 2732(o). Form 009–0–5 Receipt for Government Regardless of the method used for This recertification terminates on Property. In addition, the applicant is submitting comments or material, all August 31, 2012. required to acknowledge that he or she submissions will be posted, without has been informed of the conditions for Dated: September 15, 2011. change, to the Federal eRulemaking continued direct housing assistance. To Thomas P. Ostebo, Portal at http://www.regulations.gov, accomplish these notifications, FEMA Rear Admiral, U.S. Coast Guard, Commander, and will include any personal uses the applicant’s household Seventeenth Coast Guard District. information you provide. Therefore, composition data in National [FR Doc. 2011–25973 Filed 10–6–11; 8:45 am] submitting this information makes it Emergency Management Information public. You may wish to read the BILLING CODE 9110–04–P System NEMIS to prepare a Receipt for Privacy Act notice that is available via Government Property FEMA Form 009– the link in the footer of http:// 0–5, or Recibo de Propiedad del www.regulations.gov. Gobierno FEMA Form 009–0–6. FOR FURTHER INFORMATION CONTACT: John Federal public benefits are to be Quintanilla, Supervisory Program provided to U.S. citizens, non-citizen Specialist, FEMA, Recovery Directorate, nationals, or qualified aliens. A parent (504) 686–3603 for additional or guardian of a minor child may be information. You may contact the eligible for disaster assistance if the

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minor child is a U.S. citizen, non-citizen Type of Information Collection: Declaration and Release; FEMA Form national, or qualified alien, and the Revision of a currently approved 009–0–4 (Spanish), Declaracioń Y minor child lives with the parent or information collection. Autorizacioń; FEMA Form 009–0–5 guardian. See 8 U.S.C. 1601–1646. OMB Number: 1660–0002. (English) Receipt for Government Form Titles and Numbers: FEMA By signing FEMA Forms 009–0–3, Property; FEMA Form 009–0–6 Form 009–0–1T (English) Tele- (Spanish) Recibo de la Propiedad del Declaration and Release or 009–0–4, Registration, Disaster Assistance Gobierno. Declaracioń Y Autorizacioń an Registration; FEMA Form 009–0–1Int Abstract: The Disaster Assistance applicant or a member of the applicant’s (English) Internet, Disaster Assistance Registration form is used to collect household is attesting to being a U.S. Registration; FEMA Form 009–0–2Int pertinent information to provide citizen, non-citizen national, or (Spanish) Internet, Registro Para financial assistance, and if necessary, qualified alien. A parent or guardian of Asistencia De Desastre; FEMA Form direct assistance to eligible individuals a minor child signing FEMA Forms 009–0–1 (English) Paper Application/ and households who, as a direct result 009–0–3, Declaration and Release or Disaster Assistance Registration; FEMA of a disaster or emergency, have ´ ´ Form 009–0–2 (Spanish), Solicitud en 009–0–4, Declaracion Y Autorizacion is uninsured or under-insured, necessary Papel/Registro Para Asistencia De attesting that the minor child is a U.S. or serious expenses that they are unable Desastre; FEMA Form 009–0–1S citizen, non-citizen national, or to meet through other means. qualified alien. (English) Smartphone, Disaster Assistance Registration; FEMA Form Affected Public: Individuals or Collection of Information 009–0–2S (Spanish) Smartphone, Households. Registro Para Asistencia De Desastre; Estimated Total Annual Burden Title: Disaster Assistance Registration. FEMA Form 009–0–3 (English), Hours: 555,009 hours. ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Number of Avg. burden Total annual Type of respondent Form name/form Number of responses per Total number per response burden Avg. hourly Total annual number respondents respondent of responses (in hours) (in hours) wage rate respondent cost

Individuals or Tele-Registration 1,151,255 1 1,151,255 0.3 345,377 $30.66 $10,589,258 Households. Application for (18 mins.) Disaster Assist- ance (English)/ FEMA Forms 009–0–1T. Individuals or Internet Application 323,039.80 1 323,039.80 0.3 96,912 30.66 2,971,321.90 Households. for Disaster As- (18 mins.) sistance (English and Spanish)/ FEMA Forms 009–0–1Int and 009–0–2Int. Individuals or Paper Application 51,549 1 51,549 0.3 15,465 30.66 474,156.90 Households. for Disaster As- (18 mins.) sistance (English and Spanish)/ FEMA Forms 009–0–1 and 009–0–2. Individuals or Smartphone Appli- 192,447.20 1 192,447.20 .3 57,734 30.66 1,770,124.40 Households. cation for Disaster (18 mins.) Assistance/FEMA Forms (English and Spanish) 009–0–1S and 009–0–2S. Individuals or Declaration and Re- 1,099,706 1 1,099,706 .033 36,657 30.66 1,123,903.60 Households. lease (English (2 mins.) and Spanish)/ FEMA Forms 009–0–3 and 009–0–4. Individuals or Receipt of Govern- 17,183 1 17,183 .1 2,864 30.66 87,810.24 Households. ment Property (10 mins) (English and Spanish)/FEMA Form 009–0–5 and 009–0–6.

Total ...... 2,835,180 ...... 2,835,180 ...... 555,009 ...... 17,016,572.24

Estimated Cost: There are no Comments collection is necessary for the proper operation and maintenance, or capital performance of the agency, including and start-up costs associated with this Comments may be submitted as whether the information shall have collection of information. indicated in the ADDRESSES caption practical utility; (b) evaluate the above. Comments are solicited to (a) accuracy of the agency’s estimate of the evaluate whether the proposed data burden of the proposed collection of

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information, including the validity of Ethernet switches which may be offered country or instrumentality for the the methodology and assumptions used; to the U.S. Government under an purposes of granting waivers of certain (c) enhance the quality, utility, and undesignated government procurement ‘‘Buy American’’ restrictions in U.S. law clarity of the information to be contract. This final determination, HQ or practice for products offered for sale collected; and (d) minimize the burden H175415, was issued under procedures to the U.S. Government. of the collection of information on those set forth at 19 CFR Part 177, subpart B, This final determination concerns the who are to respond, including through which implements Title III of the Trade country of origin of Arista’s 7048, 7050, the use of appropriate automated, Agreements Act of 1979, as amended 7100, 7124, and 7500 series (‘‘7 Series’’) electronic, mechanical, or other (19 U.S.C. 2511–18). In the final local area network (‘‘LAN’’) switches. technological collection techniques or determination, CBP concluded that, We note that as a U.S. importer, Arista other forms of information technology, based upon the facts presented, the is a party-at-interest within the meaning e.g., permitting electronic submission of programming operations performed in of 19 C.F.R. § 177.22(d)(1) and is responses. the United States, using U.S.-origin entitled to request this final Dated: September 30, 2011. software, substantially transform the determination. non-TAA country Ethernet switches. Lesia M. Banks, FACTS: Director, Records Management Division, Therefore, the country of origin of the Mission Support Bureau, Federal Emergency switches is the United States for Arista is importing 7 Series Ethernet Management Agency, Department of purposes of U.S. Government switches assembled in China. The Homeland Security. procurement. switches are designed to interconnect [FR Doc. 2011–25978 Filed 10–6–11; 8:45 am] Section 177.29, CBP Regulations (19 servers and storage appliances in data BILLING CODE 9111–23–P CFR 177.29), provides that a notice of centers. Each switch consists of one or final determination shall be published more printed circuit board assembly in the Federal Register within 60 days (‘‘PCBAs’’), chassis, top cover, power DEPARTMENT OF HOMELAND of the date the final determination is supply, and fans. After importation, the SECURITY issued. Section 177.30, CBP Regulations switches will be programmed with U.S.- (19 CFR 177.30), provides that any origin software. U.S. Customs and Border Protection party-at-interest, as defined in 19 CFR The following operations occur in 177.22(d), may seek judicial review of a China: Notice of Issuance of Final final determination within 30 days of 1. The chassis and top cover are Determination Concerning Certain publication of such determination in the manufactured from sheet metal. Ethernet Switches Federal Register. 2. The PCB is populated with various AGENCY: U.S. Customs and Border electronic components to make a Dated: October 4, 2011. PCBA. Protection, Department of Homeland Sandra L. Bell, Security. 3. The PCBA is tested to ensure Executive Director, Regulations and Rulings, functionality. ACTION: Notice of final determination. Office of International Trade. 4. The power supply and fans are SUMMARY: This document provides Attachment installed in the chassis. notice that U.S. Customs and Border 5. The PCBA is installed in the chassis. October 4, 2011 Protection (‘‘CBP’’) has issued a final 6. The chassis and top cover are determination concerning the country of HQ H175415 assembled together. origin of certain Ethernet switches. 7. The serial numbers of the MAR OT:RR:CTF:VS H175415 HkP Based upon the facts presented, CBP has components are entered into the concluded that the programming CATEGORY: Origin data tracking system, and the switch is packaged and shipped to operations performed in the United Josephine Aiello LeBeau, Esq. States, using U.S.-origin software, the United States. Anne Seymour, Esq. The following operations occur in the substantially transform the non-TAA Wilson Sonsini Goodrich & Rosati, PC country switches. Therefore, the country United States: 1700 K Street, NW, Fifth Floor 1. U.S.-origin EOSTM software is of origin of the switches is the United Washington, DC 20006–3817 States for purposes of U.S. Government downloaded onto the flash memory procurement. RE: U.S. Government Procurement; on the PCBA. 2. The switch is tested, packaged, and DATES: The final determination was Country of Origin of Local Area prepared for shipping. issued on October 4, 2011. A copy of the Network Switches; Substantial Transformation Arista’s EOSTM (Extensible Operating final determination is attached. Any System) software is designed to provide party-at-interest, as defined in 19 CFR Dear Ms. LeBeau and Ms. Seymour: switching functionality, secure 177.22(d), may seek judicial review of This is in response to your letter, administration, and reliability, and to this final determination on or before dated July 6, 2011, requesting a final optimize network management. November 7, 2011. determination on behalf of Arista Specifically, EOS software provides the FOR FURTHER INFORMATION CONTACT: Networks, Inc. (‘‘Arista’’), pursuant to following capabilities and benefits to Heather K. Pinnock, Valuation and subpart B of part 177 of the U.S. Ethernet switches: in-service software Special Programs Branch: (202) 325– Customs and Border Protection (‘‘CBP’’) upgrade, software fault containment, 0034. Regulations (19 C.F.R. Part 177). Under fault repair, security exploit SUPPLEMENTARY INFORMATION: Notice is these regulations, which implement containment, and scalable management hereby given that on October 4, 2011, Title III of the Trade Agreements Act of interface. According to your submission, pursuant to subpart B of Part 177, U.S. 1979 (‘‘TAA’’), as amended (19 U.S.C. the units imported from China could not Customs and Border Protection § 2511 et seq.), CBP issues country of function as network switches without Regulations (19 CFR Part 177, subpart origin advisory rulings and final this software, which was developed in B), CBP issued a final determination determinations as to whether an article the United States at considerable cost to concerning the country of origin of is or would be a product of a designated Arista. Since 2005, more than 140

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software engineers have continued to project engineer with many years of different product); and, HQ 734518, develop the software and more than 80 experience in ‘‘designing and building dated June 28, 1993, (motherboards are percent of Arista’s Research and hardware.’’ While replicating the not substantially transformed by the Development spending has been on EOS program pattern from a ‘‘master’’ PROM implanting of the central processing software development. may be a quick one-step process, the unit on the board because, whereas in development of the pattern and the Data General use was being assigned to ISSUE: production of the ‘‘master’’ PROM the PROM, the use of the motherboard What is the country of origin of the required much time and expertise. The had already been determined when the Arista’s 7 Series Ethernet switches for court noted that it was undisputed that importer imports it). purposes of U.S. Government programming altered the character of a You believe that under the procurement? PROM. The essence of the article, its manufacturing scenario described in the FACTS section above, Arista’s 7 Series LAW AND ANALYSIS: interconnections or stored memory, was established by programming. The court Ethernet switches are products of the Pursuant to Subpart B of Part 177, 19 concluded that altering the non- United States. You argue that without CFR § 177.21 et seq., which implements functioning circuitry comprising a the EOS software, the units exported Title III of the Trade Agreements Act of PROM through technological expertise from China lack the intelligence to 1979, as amended (19 U.S.C. § 2511 et in order to produce a functioning read perform as network switches. In fact, seq.), CBP issues country of origin only memory device, possessing a you claim that the EOS software gives advisory rulings and final desired distinctive circuit pattern, was the switches their essential character by determinations as to whether an article no less a ‘‘substantial transformation’’ providing network switching and is or would be a product of a designated than the manual interconnection of routing functionality, management country or instrumentality for the transistors, resistors and diodes upon a functions, network performance purposes of granting waivers of certain circuit board creating a similar pattern. monitoring, security and access control, ‘‘Buy American’’ restrictions in U.S. law In Texas Instruments v. United States, and by allowing interaction with other or practice for products offered for sale 681 F.2d 778, 782 (CCPA 1982), the switches. Further, programming the to the U.S. Government. court observed that the substantial switches with the EOS software creates Under the rule of origin set forth transformation issue is a ‘‘mixed a permanent change in the PCBAs that under 19 U.S.C. § 2518(4)(B): question of technology and customs cannot be undone by third parties An article is a product of a country or law.’’ during the normal course of business. instrumentality only if (i) it is wholly In C.S.D. 84–85, 18 Cust. B. & Dec. The only reprogramming operation that the growth, product, or manufacture of 1044, CBP stated: may be performed during the normal that country or instrumentality, or (ii) in We are of the opinion that the rationale course of business is either updating the the case of an article which consists in of the court in the Data General case installed software or entering licensing whole or in part of materials from may be applied in the present case to keys that enable the activation of another country or instrumentality, it support the principle that the essence of additional EOS software features. In has been substantially transformed into an integrated circuit memory storage support of your position, you cite Data a new and different article of commerce device is established by programming; General (supra), HQ H052325 (Feb. 14, with a name, character, or use distinct … [W]e are of the opinion that the 2006) and HQ 735027 (Sept. 7, 1993), from that of the article or articles from programming (or reprogramming) of an among others. HQ H052325 concerned the country which it was so transformed. EPROM results in a new and different article of commerce which would be of origin of a switch and a switch/ See also 19 C.F.R. § 177.22(a). router. The Brocade 7800 Extension In Data General v. United States, 4 Ct. considered to be a product of the country where the programming or Switch was assembled to completion in Int’l Trade 182 (1982), the court China and programmed in the U.S. with reprogramming takes place. determined that for purposes of U.S.-origin operating system (OS) determining eligibility under item Accordingly, the programming of a software and customer specified 807.00, Tariff Schedules of the United device that changes or defines its use firmware and software. The Brocade States (predecessor to subheading generally constitutes substantial FX8–24 switch/router contained a PCBA 9802.00.80, Harmonized Tariff Schedule transformation. See also Headquarters that was assembled and programmed in of the United States), the programming Ruling Letter (‘‘HQ’’) 558868, dated China and shipped to the U.S., where it of a foreign PROM (Programmable Read- February 23, 1995 (programming of was assembled with other components Only Memory chip) in the United States SecureID Card substantially transforms to make the final product. The substantially transformed the PROM the card because it gives the card its completed unit was then programmed into a U.S. article. In programming the character and use as part of a security with U.S.-origin OS software and imported PROMs, the U.S. engineers system and the programming is a customer firmware and software. In both systematically caused various distinct permanent change that cannot be cases, the U.S.-origin OS software electronic interconnections to be formed undone); HQ 735027, dated September provided the devices with their within each integrated circuit. The 7, 1993 (programming blank media functionality. Customs found that in programming bestowed upon each (EEPROM) with instructions that allow both cases, the processing performed in circuit its electronic function, that is, its it to perform certain functions that the United States, including the ‘‘memory’’ which could be retrieved. A prevent piracy of software constitute downloading of the U.S.-origin OS distinct physical change was effected in substantial transformation); and, HQ software, resulted in a substantial the PROM by the opening or closing of 733085, dated July 13, 1990; but see HQ transformation of the foreign origin the fuses, depending on the method of 732870, dated March 19, 1990 components, and that the United States programming. This physical alteration, (formatting a blank diskette does not was the country of origin. not visible to the naked eye, could be constitute substantial transformation In HQ H014068, dated October 9, discerned by electronic testing of the because it does not add value, does not 2007, CBP determined that a cellular PROM. The court noted that the involve complex or highly technical phone designed in Sweden, assembled programs were designed by a U.S. operations and did not create a new or in either China or Malaysia and shipped

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to Sweden, where it was loaded with the matter anew and issue a new final 1. Assess, coordinate and improve software that enabled it to test determination. Pursuant to 19 C.F.R. execution of the Department’s disaster equipment on wireless networks, was a § 177.30, any party-at-interest may, management and national security product of Sweden. Once the software within 30 days of publication of the programs. was installed on the phones in Sweden, Federal Register Notice referenced 2. Represent the Department’s they became devices with a new name, above, seek judicial review of this final interests in interagency committees and character and use, that is, network determination before the Court of groups that address disaster testing equipment. As a result of the International Trade. management, national security, law programming operations performed in Sincerely, enforcement, and the protective service Sweden, CBP found that the country of Sandra L. Bell, detail. origin of the network testing equipment 3. Develop criteria to assess and help was Sweden. Executive Director improve disaster and national security Regulations and Rulings Office of In this case, hardware components are International Trade preparedness, response, and recovery assembled into complete Ethernet and develop policy, program options, switches in China. The switches are [FR Doc. 2011–25991 Filed 10–6–11; 8:45 am] and recommendations together with key then shipped to the U.S., where they are BILLING CODE P program offices. programmed with EOS software, 4. Develop and coordinate developed in the U.S. at significant cost crosscutting disaster and national to Arista and over many years. Since DEPARTMENT OF HOUSING AND security policies, programs, and plans 2005, more than 140 software engineers URBAN DEVELOPMENT that improve departmental have continued to develop the software [Docket No. FR–5546–D–01] preparedness, response, and recovery and more than 80 percent of Arista’s including implementation of the Research and Development spending Delegation of Authority to the Office of National Response Framework, National has been on EOS software development. Disaster Management and National Continuity Policy, and Presidential The U.S.-origin EOS software enables Security Decision and National Security the imported switches to interact with Directives. other network switches through network AGENCY: Office of the Secretary, HUD. 5. Integrate current and future disaster switching and routing, and allows for ACTION: Delegation of Authority. and national security programs into the management of functions such as SUMMARY: Through this notice, the departmentwide response effort. network performance monitoring and Secretary delegates authority to the 6. Manage and support the security and access control. Without Chief Disaster and National Security Department’s Protective Services this software, the imported devices Officer, Office of Disaster Management functions and related investigation and could not function as Ethernet switches. and National Security. law enforcement liaison functions. As a result of the programming 7. Manage access to and protect HUD DATES: Effective Date: September 30, performed in the U.S., with software classified programs and information and 2011. developed in the U.S., the imported maintain and operate classified systems. FOR FURTHER INFORMATION CONTACT: switches are substantially transformed Section A. Authority Delegated in the U.S. See Data General, C.S.D. 84– Laura L. McClure, Acting Chief Disaster 85, HQ 052325, HQ 558868, HQ 735027, and National Security Officer, Office of The Secretary hereby delegates all and HQ 733085. The country of origin Disaster Management and National authority pursuant to the following of the switches is the United States. Security, Department of Housing and authorities to the Chief Disaster and Please be advised, however, that Urban Development, 451 7th Street, National Security Officer: whether the switches may be marked SW., Room 10170, Washington, DC 1. Federal Law Enforcement and ‘‘Made in the U.S.A.’’ or with similar 20410–6000, telephone number 202– Personal Security Protection. Authority words, is an issue under the authority 402–6300 (this is not a toll free number). for providing personal security of the Federal Trade Commission Persons with hearing or speech protection for the Secretary, Deputy (‘‘FTC’’). We suggest that you contact impairments may access this number Secretary, and their immediate families, the FTC, Division of Enforcement, 6th through TTY by calling the toll-free as warranted, including authorities set and Pennsylvania Avenue, NW, Federal Relay Service at telephone forth in 28 U.S.C. 566(c), 566(d), 566(e), Washington, DC 20508, on the propriety number 1–800–877–8339. 561(a), 561(f), 561(g), 564, 509, 510; 28 of markings indicating that articles are SUPPLEMENTARY INFORMATION: CFR 0.111, 0.112, 0.113; and 18 U.S.C. made in the United States. The Secretary of HUD hereby 115(a)(1), 351, 3053. Authority for law delegates to the Chief Disaster and enforcement and noncriminal HOLDING: National Security Officer authority and investigations and enforcement of HUD Based on the facts provided, the responsibility to advise HUD Handbook 0752.2, Adverse Action, programming operations performed in departmental leadership on all aspects including authority under 42 U.S.C. the United States impart the essential of disaster and national security 3535(d). character to Artista’s 7 Series Ethernet preparedness, response, and recovery; to 2. National Security and Operations. switches. As such, the switches will be identify and mitigate risks; to improve Authority to execute and support considered products of the United departmentwide capacity, coordination, departmental preparedness activities States for purposes of U.S. Government and support for disaster management pursuant to White House and procurement. and national security; and to ensure that Department of Homeland Security Notice of this final determination will HUD’s security and disaster guidance and requirements, including be given in the Federal Register, as management programs support national but not limited to: Homeland Security required by 19 C.F.R. § 177.29. Any objectives and the security of the United Presidential Directive—20: National party-at-interest other than the party States while supporting HUD’s mission. Continuity Policy (2007), Federal which requested this final In carrying out this responsibility, the Continuity Directive 1: Federal determination may request, pursuant to Chief Disaster and National Security Executive Branch National Continuity 19 C.F.R. § 177.31, that CBP reexamine Officer shall, among other duties: Program and Requirements (2008), and

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Federal Continuity Directive 2: Federal ACTION: Notice. targeting finalization of the strategy by Executive Branch Mission Essential February 2012. After the strategy is Function and Primary Mission Essential SUMMARY: Through this notice, HUD issued in final, HUD and its federal Function Identification and Submission announces the release of its draft partners will continue to engage Process (2008). Guidance and Environmental Justice Strategy for stakeholders through outreach, requirements for operations, including, review and comment. education and stakeholder events and but not limited to Homeland Security DATES: Comment Due Date: November respond to public comments through Presidential Directive—5: Management 14, 2011. Comments may be submitted annual implementation reports. of Domestic Incidents (2003) and the to [email protected]. Dated: September 30, 2011. National Communications System FOR FURTHER INFORMATION CONTACT: Shelley R. Poticha, Directive 3–10: Minimum Requirements Kathryn Dykgraaf Office of Sustainable Director. for Continuity Communications Housing and Communities, Department [FR Doc. 2011–25938 Filed 10–6–11; 8:45 am] Capabilities (2007), which was issued of Housing and Urban Development, by DHS on behalf of the Office of 451 7th Street, SW., Room, Washington, BILLING CODE 4210–67–P Science, Technology, and Policy in the DC 20410; telephone number 202–402– Executive Office of the President. This 6731 (this is not a toll-free number). DEPARTMENT OF HOUSING AND area also includes authority to Persons with hearing or speech URBAN DEVELOPMENT implement guidance and requirements impairments may access this number for test, training, and exercises under through TTY by calling the toll-free [Docket No. FR–5477–N–40] the Presidential Policy Directive 8: Federal Relay Service at 800–877–8339. Federal Property Suitable as Facilities National Preparedness (2011), the SUPPLEMENTARY INFORMATION National Preparedness Goal, and the To Assist the Homeless I. Background National Exercise Plan, including AGENCY: Office of the Assistant required participation in exercises. HUD is committed to meeting the Secretary for Community Planning and 3. Response and Recovery. Authority goals of Executive Order 12898, Development, HUD. to execute and support departmental ‘‘Federal Actions to Address ACTION: Notice. response and recovery activities Environmental Justice in Minority pursuant to White House and Populations and Low-Income SUMMARY: This Notice identifies Department of Homeland Security Populations,’’ which states that each unutilized, underutilized, excess, and guidance and requirements, including federal agency, with the law as its guide, surplus Federal property reviewed by but not limited to: Homeland Security should make environmental justice part HUD for suitability for use to assist the Presidential Directive-5: Management of of its mission. In this regard, HUD has homeless. Domestic Incidents (2003), the National developed its draft Environmental FOR FURTHER INFORMATION CONTACT: Response Framework (2008), the Justice Strategy (EJ Strategy). HUD’s EJ Juanita Perry, Department of Housing National Incident Management System Strategy is a four-year plan to address and Urban Development, 451 Seventh (2004), and the National Disaster environmental justice concerns and Street SW, Room 7266, Washington, DC Recovery Framework (currently under increase access to environmental 20410; telephone (202) 708–1234; TTY development). benefits through HUD policies, number for the hearing- and speech- Section B. Authority To Redelegate programs, and activities. HUD’s EJ impaired (202) 708–2565 (these strategy can be found at http:// telephone numbers are not toll-free), or The Chief Disaster and National portal.hud.gov/hudportal/HUD?src=/ call the toll-free Title V information line Security Officer may redelegate to program_offices/sustainable_ at 800–927–7588. employees of HUD any of the authority housing_communities/HUD_ SUPPLEMENTARY INFORMATION: In delegated under Section A above. Draft_Environmental_Justice_Strategy. accordance with 24 CFR part 581 and Section C. Authority Superseded The release of the draft is the latest section 501 of the Stewart B. McKinney step in a larger Administration-wide Homeless Assistance Act (42 U.S.C. The Secretary may revoke the effort to ensure strong protection from 11411), as amended, HUD is publishing authority authorized herein, in whole or environmental and health hazards for this Notice to identify Federal buildings part, at any time. all Americans. In August, federal and other real property that HUD has Authority: Section 7(d) of the Department agencies signed the ‘‘Memorandum of reviewed for suitability for use to assist of Housing and Urban Development Act (42 Understanding on Environmental the homeless. The properties were U.S.C. 3535(d)). Justice and Executive Order 12898’’ (EJ reviewed using information provided to Dated: September 30, 2011. MOU), which committed each agency HUD by Federal landholding agencies Shaun Donovan, to, among other things, finalizing an EJ regarding unutilized and underutilized Secretary. strategy and releasing annual buildings and real property controlled [FR Doc. 2011–26046 Filed 10–6–11; 8:45 am] implementation reports. Links to the by such agencies or by GSA regarding BILLING CODE 4210–67–P other federal EJ Strategies can be found its inventory of excess or surplus on the Environmental Justice Federal property. This Notice is also Interagency Workgroup Web page at published in order to comply with the DEPARTMENT OF HOUSING AND http://www.epa.gov/ December 12, 1988 Court Order in URBAN DEVELOPMENT environmentaljustice/interagency/ National Coalition for the Homeless v. index.html. Links will be available by Veterans Administration, No. 88–2503– [Docket No. FR–5580–N–01] Friday, October 7th. OG (D.D.C.). HUD Draft Environmental Justice HUD’s draft EJ Strategy will be open Properties reviewed are listed in this Strategy for public until November 14, 2011. Notice according to the following Comments can be submitted by categories: Suitable/available, suitable/ AGENCY: Office of the Sustainable e-mailing [email protected]. HUD will unavailable, suitable/to be excess, and Housing and Communities, HUD. review the comments submitted, and is unsuitable. The properties listed in the

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three suitable categories have been landholding agency, and the property sq. ft. per floor for a total of 2,048 sq. ft.; reviewed by the landholding agencies, number. structure type: Log Cabin; recent use: and each agency has transmitted to For more information regarding residential HUD: (1) Its intention to make the particular properties identified in this Main Garage property available for use to assist the Notice (i.e., acreage, floor plan, existing Lady C Ranch Rd. homeless, (2) its intention to declare the sanitary facilities, exact street address), Hot Springs SD 57747 Landholding Agency: GSA property excess to the agency’s needs, or providers should contact the Property Number: 54201130012 (3) a statement of the reasons that the appropriate landholding agencies at the Status: Surplus property cannot be declared excess or following addresses: COE: Mr. Scott GSA Number: 7_A–SD–0523–3–AF made available for use as facilities to Whiteford, Army Corps of Engineers, Comments: Off-site removal only; 567 sq. ft.; assist the homeless. Real Estate, CEMP–CR, 441 G Street, structure type: Log Frame; recent use: Properties listed as suitable/available NW., Washington, DC 20314; (202) 761– vehicle storage will be available exclusively for 5542; GSA: Mr. John E.B. Smith, General Metal Machine/Work Bldg. homeless use for a period of 60 days Services Administration, Office of Real Lady C Ranch Rd. from the date of this Notice. Where Property Utilization and Disposal, 1800 Hot Springs SD 57747 F Street, NW., Room 7040, Washington, Landholding Agency: GSA property is described as for ‘‘off-site use Property Number: 54201130013 only’’ recipients of the property will be DC 20405; (202) 501–0084; Interior: Mr. Status: Surplus required to relocate the building to their Michael Wright, Acquisition & Property GSA Number: 7–A–SD–0523–3–AG own site at their own expense. Management, Department of the Comments: Off-site removal only; 3,280 sq. Homeless assistance providers Interior, 1801 Pennsylvania Ave., NW., ft.; structure type: Post/Pole w/Metal interested in any such property should 4th Floor, Washington, DC 20006: (202) Siding; recent use: utility shed send a written expression of interest to 254–5522; Navy: Mr. Albert Johnson, Mobile Home HHS, addressed to Theresa Ritta, Department of the Navy, Asset Lady C Ranch Rd. Division of Property Management, Management Division, Naval Facilities Hot Springs SD 57477 Program Support Center, HHS, room Engineering Command, Washington Landholding Agency: GSA Navy Yard, 1330 Patterson Ave., SW., Property Number: 54201130014 5B–17, 5600 Fishers Lane, Rockville, Status: Surplus MD 20857; (301) 443–2265. (This is not Suite 1000, Washington, DC 20374; GSA Number: 7–A–0523–3–AH a toll-free number.) HHS will mail to the (202) 685–9305 (These are not toll-free Comments: Off-site removal only; 1,152 sq. interested provider an application numbers). ft.; structure type: manufactured home/ packet, which will include instructions Dated: September 29, 2011. double wide; recent use: residential for completing the application. In order Mark R. Johnston, Mobile Home Garage to maximize the opportunity to utilize a Lady C Ranch Rd. Deputy Assistant Secretary for Special Needs. suitable property, providers should Hot Springs SD 57747 submit their written expressions of TITLE V, FEDERAL SURPLUS PROPERTY Landholding Agency: GSA interest as soon as possible. For PROGRAM FEDERAL REGISTER REPORT Property Number: 54201130015 complete details concerning the FOR 10/07/2011 Status: Surplus processing of applications, the reader is GSA Number: 7–A–SD–0523–3–AI Suitable/Available Properties Comments: Off-site removal only; 729 sq. ft.; encouraged to refer to the interim rule Building structure type: Post/Pole construction w/ governing this program, 24 CFR part metal side; recent use: storage 581. Missouri Washington For properties listed as suitable/to be FAA NDB Facility excess, that property may, if N. Farm Rd. 95 2 Bldgs. Bureau of Reclamation subsequently accepted as excess by Willard MO Landholding Agency: GSA Sunnyside WA GSA, be made available for use by the Property Number: 54201120012 Landholding Agency: Interior homeless in accordance with applicable Status: Surplus Property Number: 61201130003 law, subject to screening for other GSA Number: 7–U–MO–0689 Status: Excess Federal use. At the appropriate time, Comments: 48 sq. ft., recent use: electrical Directions: Storehouse and Lumber Shed HUD will publish the For properties equipment storage, chain-link fence Comments: Off-site removal only for both listed as suitable/unavailable, the surrounds property bldgs.; Storehouse: 4,400 sq. ft.; Lumber Shed: 800 sq. ft.; bldgs. in poor condition— landholding agency has decided that the Montana property cannot be declared excess or need repairs; lead-base paint is present in Boulder Admin. Site bldgs. made available for use to assist the 12 Depot Hill Rd. homeless, and the property will not be Boulder MT 59632 Suitable/Available Properties available. Landholding Agency: GSA Land Property Number: 54201130016 Properties listed as unsuitable will New Mexico not be made available for any other Status: Excess purpose for 20 days from the date of this GSA Number: 7–A–MT–532–AA FAA RML Facility—West Mesa Comments: 4,799 sq. ft.; recent use: office, Lost Horizon Drive Notice. Homeless assistance providers repairs are needed Albuquerque NM interested in a review by HUD of the South Dakota Landholding Agency: GSA determination of unsuitability should Property Number: 54201120013 call the toll free information line at 1– Main House Status: Surplus 800–927–7588 for detailed instructions Lady C Ranch Rd. GSA Number: 7–U–NM–0486–6 or write a letter to Mark Johnston at the Hot Springs SD 57747 Comments: 0.3462 acres, recent use: FAA Landholding Agency: GSA address listed at the beginning of this RML Facility, chain-link fence surrounds Property Number: 54201130011 property Notice. Included in the request for Status: Surplus review should be the property address GSA Number: 7–A–0523–3–AE North Dakota (including zip code), the date of Comments: Off-site removal only; the Vacant Land of MSR Site publication in the Federal Register, the property is a 2-story structure with 1,024 Stanley Mickelsen

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Nekoma ND Status: Excess New Jersey Landholding Agency: GSA GSA Number: 7–D–IA–0510 Camp Petricktown Sup. Facility Property Number: 54201130009 Comments: 5743 sq. ft., presence of lead US Route 130 Status: Surplus paint, most recent use—offices/classrooms/ Pedricktown NJ 08067 GSA Number: 7–D–ND–0499 storage, subject to existing easements Landholding Agency: GSA Comments: 20.2 acres; recent use: unknown Maryland Property Number: 54200740005 Status: Excess Suitable/Unavailable Properties Appraisers Store GSA Number: 1–D–NJ–0662 Baltimore MD 21202 Building Comments: 21 bldgs., need rehab, most Landholding Agency: GSA Arizona recent use—barracks/mess hall/garages/ Property Number: 54201030016 quarters/admin., may be issues w/right of Willcox Patrol Station Status: Excess 200 W. Downew Street entry, utilities privately controlled, GSA Number: 4–G–MD–0623 contaminants Willcox AZ 85643–2742 Comments: 169,801 sq. ft., most recent use— Landholding Agency: GSA federal offices, listed in the Natl Register of Ohio Property Number: 54201110004 Historic Places, use restrictions Oxford USAR Facility Status: Surplus Michigan 6557 Todd Road GSA Number: 9–X–AZ–0860 Oxford OH 45056 Comments: 2,448 sq. ft., most recent use: Social Security Bldg. Landholding Agency: GSA detention facility 929 Stevens Road Property Number: 54201010007 California Flint MI 48503 Status: Excess Landholding Agency: GSA GSA Number: 1–D–OH–833 Defense Fuel Support Pt. Property Number: 54200720020 Estero Bay Facility Comments: office bldg./mess hall/barracks/ Status: Excess simulator bldg./small support bldgs., Morro Bay CA 93442 GSA Number: 1–G–MI–822 Landholding Agency: GSA structures range from good to needing Comments: 10,283 sq. ft., most recent use— major rehab Property Number: 54200810001 office Status: Surplus Belmont City Memorial USAR Ctr GSA Number: 9–N–CA–1606 CPT George S. Crabbe USARC 5305 Guernsey St. Comments: former 10 acre fuel tank farm w/ 2901 Webber Street Bellaire OH 43906 associated bldgs/pipelines/equipment, Saginaw MI Landholding Agency: GSA possible asbestos/PCBs Landholding Agency: GSA Property Number: 54201020008 Property Number: 54201030018 Former SSA Bldg. Status: Excess Status: Excess 1230 12th Street GSA Number: 1–D–OH–837 GSA Number: 1–D–MI–835 Modesto CA 95354 Comments: 11,734 sq. ft.—office/drill hall; Comments: 3891 sq. ft., 3-bay garage Landholding Agency: GSA 2,519 sq. ft.—maint. shop maintenance building Property Number: 54201020002 Army Reserve Center Status: Surplus Mississippi 5301 Hauserman Rd. GSA Number: 9–G–CA–1610 James O. Eastland Parma OH 44130 Comments: 11,957 sq. ft., needs rehab/ 245 East Capitol St. Landholding Agency: GSA seismic retrofit work, potential Jackson MS 39201–2409 Property Number: 54201020009 groundwater contamination below site, Landholding Agency: GSA Status: Excess potential flooding Property Number: 54201040020 GSA Number: I–D–OH–842 Georgia Status: Excess Comments: 29, 212, and 6,097 sq. ft.; most recent use: office, storage, classroom, and Fed. Bldg. Post Office/Court GSA Number: 4–G–MS–0567–AA Directions: Federal Bldg. and Courthouse drill hall; water damage on 2nd floor; and 404 N. Broad St. wetland property Thomasville GA 31792 Comments: 14,000 sq. ft., current/recent use: Landholding Agency: GSA gov’t offices and courtrooms, asbestos Oregon Property Number: 54201110006 identified behind walls, and historic bldg. 3 Bldgs/Land Status: Surplus preservation covenants will be included in OTHR–B Radar GSA Number: 4–G–GA–878AA the Deed of Conveyance Cty Rd 514 Comments: 49,366 total sq. ft. Postal Svc Missouri Christmas Valley OR 97641 currently occupies 11,101 sq. ft. through Federal Bldg/Courthouse Landholding Agency: GSA Sept. 30, 2012. Current usage: gov’t offices, 339 Broadway St. Property Number: 54200840003 asbestos has been identified as well as Cape Girardeau MO 63701 Status: Excess plumbing issues. Landholding Agency: GSA GSA Number: 9–D–OR–0768 Illinois Property Number: 54200840013 Comments: 14000 sq. ft. each/2626 acres, 1LT A.J. Ellison Status: Excess most recent use—radar site, right-of-way Army Reserve GSA Number: 7–G–MO–0673 U.S. Customs House Wood River IL 62095 Comments: 47,867 sq. ft., possible asbestos/ 220 NW 8th Ave. Landholding Agency: GSA lead paint, needs maintenance & seismic Portland OR Property Number: 54201110012 upgrades, 30% occupied—tenants to Landholding Agency: GSA Status: Excess relocate within 2 yrs Property Number: 54200840004 GSA Number: 1–D–II–738 New Hampshire Status: Excess Comments: 17,199 sq. ft. for the Admin. GSA Number: 9–D–OR–0733 Federal Building Bldg., 3,713 sq. ft. for the garage, public Comments: 100,698 sq. ft., historical space (roads and hwy) and utilities 719 Main St. property/National Register, most recent easements, asbestos and lead base paint Parcel ID: 424–124–78 use—office, needs to be brought up to meet identified most current use: unknown. Laconia NH 03246 earthquake code and local bldg codes, Landholding Agency: GSA presence of asbestos/lead paint Iowa Property Number: 54200920006 U.S. Army Reserve Status: Excess South Carolina 620 West 5th St. GSA Number: 1–G–NH–0503 Naval Health Clinic Garner IA 50438 Comments: 31,271 sq. ft., most recent use— 3600 Rivers Ave. Landholding Agency: GSA office bldg., National Register nomination Charleston SC 29405 Property Number: 54200920017 pending Landholding Agency: GSA

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Property Number: 54201040013 Glendale AZ 85306 Property Number: 54201040008 Status: Excess Landholding Agency: GSA Status: Surplus GSA Number: 4–N–SC–0606 Property Number: 54201010014 GSA Number: 9–B–CA–1673–AD Comments: Redetermination: 399,836 sq. ft., Status: Surplus Comments: 2.07 acres, mineral rights, utility most recent use: office GSA Number: 9–AZ–852 easements Virginia Comments: 0.29 acre, most recent use— Drill Site #22 irrigation canal null Tract 05–511, Qrts. 11 0.30 acre Ford City CA 93268 7941 Brock Rd. Bethany Home Road Landholding Agency: GSA Spotsylvania VA 22553 Glendale AZ 85306 Property Number: 54201040009 Landholding Agency: GSA Landholding Agency: GSA Status: Surplus Property Number: 54201110001 Property Number: 54201030010 GSA Number: 9–B–CA–1673–AF Status: Excess Status: Excess Comments: 2.07 acres, mineral rights, utility GSA Number: 4–I–VA–0756 GSA Number: 9–I–AZ–0859 easements Comments: 1642 sq. ft., off-site removal only, Comments: 10 feet wide access road previously reported by Interior and Drill Site #24 published as suitable/available in the California null Ford City CA 93268 10.22.2010 FR Parcel F–2 Right of Way Landholding Agency: GSA null Washington Property Number: 54201040010 Seal Beach CA 90740 Fox Island Naval Lab Status: Surplus Landholding Agency: GSA 630 3rd Ave. GSA Number: 9–B–CA–1673–AE Property Number: 54201030012 Fox Island WA 98333 Comments: 2.06 acres, mineral rights, utility Status: Surplus Landholding Agency: GSA easements GSA Number: 9–N–CA–1508–AI Property Number: 54201020012 Comments: Correction: 631.62 sq. ft., Drill Site #26 Status: Surplus encroachment null GSA Number: 9–D–WA–1245 Ford City CA 93268 Parcel F–4 Right of Way Comments: 6405 sq. ft.; current use: office Landholding Agency: GSA null and lab Property Number: 54201040011 Seal Beach CA Status: Surplus West Virginia Landholding Agency: GSA GSA Number: 9–B–CA–1673–AA Naval Reserve Center Property Number: 54201030014 Comments: 2.07 acres, mineral rights, utility 841 Jackson Ave. Status: Surplus easements Huntington WV 25704 GSA Number: 9–N–CA–1508–AK Landholding Agency: GSA Comments: 126.32 sq. ft., within 3 ft. set back Massachusetts Property Number: 54200930014 required by City FAA Site Status: Excess Drill Site #3A Massasoit Bridge Rd. GSA Number: 4–N–WV–0555 null Nantucket MA 02554 Comments: 31,215 sq. ft., presence of Ford City CA 93268 Landholding Agency: GSA asbestos/lead paint, most recent use— Landholding Agency: GSA Property Number: 54200830026 office Property Number: 54201040004 Status: Surplus Harley O. Staggers Bldg. Status: Surplus GSA Number: MA–0895 75 High St. GSA Number: 9–B–CA–1673–AG Comments: approx 92 acres, entire parcel Morgantown WV 26505 Comments: 2.07 acres, mineral rights, utility within MA Division of Fisheries & Wildlife Landholding Agency: GSA easements Natural Heritage & Endangered Species Property Number: 54201020013 Drill Site #4 Program Status: Excess null GSA Number: 4–G–WV–0557 Missouri Ford City CA 93268 Comments: 57,600 sq. ft; future owners must FAA Landholding Agency: GSA maintain exposure prevention methods North Congress Ave & 110th St. Property Number: 54201040005 (details in deed); most recent use: P.O. and Kansas City MO 64153 Status: Surplus federal offices Landholding Agency: GSA GSA Number: 9–B–CA–1673–AB Property Number: 54201110005 Suitable/Unavailable Properties Comments: 2.21 acres, mineral rights, utility Status: Surplus easements Land GSA Number: 7–U–MO–0688 Drill Site #6 Comments: Correction from 02/25/2011 Arizona null Federal Register: .23 acres, legal 0.23 acres Ford City CA 93268 constraint: utility easement only, current 87th Ave. Landholding Agency: GSA use: vacant land; move to unavailable; Glendale AZ Property Number: 54201040006 expression of interest received Landholding Agency: GSA Status: Surplus Pennsylvania Property Number: 54201010005 GSA Number: 9–B–CA–1673–AC Status: Excess Comments: 2.13 acres, mineral rights, utility approx. 16.88 GSA Number: 9–I–AZ–853 easements 271 Sterrettania Rd. Erie PA 16506 Comments: 0.23 acres used for irrigation Drill Site #9 Landholding Agency: GSA canal null Property Number: 54200820011 Guadalupe Road Land Ford City CA 93268 Status: Surplus Ironwood Road Landholding Agency: GSA GSA Number: 4–D–PA–0810 Apache Junction AZ 95971 Property Number: 54201040007 Comments: vacant land Landholding Agency: GSA Status: Surplus Property Number: 54201010012 GSA Number: 9–B–CA–1673–AH Texas Status: Surplus Comments: 2.07 acres, mineral rights, utility FAA Outermarker—Houston GSA Number: 9–AZ–851–1 easements null Comments: 1.36 acres, most recent use— Drill Site #20 Spring TX 77373 aqueduct reach null Landholding Agency: GSA Land Ford City CA 93268 Property Number: 54201040001 95th Ave/Bethany Home Rd Landholding Agency: GSA Status: Surplus

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GSA Number: 7–U–TX–1110 Status: Surplus meeting of the Manufactured Housing Comments: 0.2459 acres, subject to GSA Number: 7–D–ND–0499 Consensus Committee (MHCC). The restrictions/regulations regarding the Comments: Asbestos present meeting is open to the public and the Houston Intercontinental Airport, may not Reasons: Contamination site is accessible to individuals with have access to a dedicated roadway Tactical Area of MSR Site disabilities. The Agenda provides an Unsuitable Properties Stanley Mickelsen opportunity for citizens to comment on Nekoma ND Building Landholding Agency: GSA the business before the Committee. Connecticut Property Number: 54201130019 DATES: The meeting will be held on Status: Surplus Bldg. 20 October 18–20, 2011, commencing at 9 GSA Number: 7–D–ND–0499 a.m. each day. Naval Submarine Base Comments: Asbestos present Groton CT Reasons: Contamination ADDRESSES: The meeting will be held at Landholding Agency: Navy The Sheraton Suites Alexandria, 801 Property Number: 77201130020 Remote Sprint Launch #3 Stanley Mickelsen North Saint Asaph Street, Alexandria, Status: Excess Virginia 22314. Reasons: Within 2000 ft. of flammable or Nekoma ND explosive material, Extensive deterioration, Landholding Agency: GSA FOR FURTHER INFORMATION CONTACT: Secured Area Property Number: 54201130020 Henry S. Czauski, Acting Deputy Status: Surplus Hawaii GSA Number: 7–D–ND–0499 Administrator, Office of Regulatory Facility 254 Comments: Asbestos present Affairs and Manufactured Housing, Joint Base Pearl Harbor Hickam Reasons: Contamination Department of Housing and Urban JBPHH HI Remote Sprint Launch #2 Development, 451 7th Street, SW., Landholding Agency: Navy Stanley Mickelsen Room 9153, Washington, DC 20410, Property Number: 77201130019 Nekoma ND telephone number 202–708–0502 ext. Status: Excess Landholding Agency: GSA 6477 (this is not a toll-free number). Reasons: Extensive deterioration, Secured Property Number: 54201130021 Persons who have difficulty hearing or Area Status: Surplus speaking may access this number via Maine GSA Number: 7–D–ND–0499 TTY by calling the toll-free Federal Comments: Asbestos present Bldg. 547 Relay Service at 800–877–8339. Reasons: Contamination SERE SUPPLEMENTARY INFORMATION: Notice of Rhode Island Rangeley ME this meeting is provided in accordance Landholding Agency: Navy Bldg. 72CC Property Number: 77201130022 with the Federal Advisory Committee Naval Station Newport Act, 5 U.S.C. App. 10(a)(2), through Status: Excess Newport RI Comments: Asbestos present Landholding Agency: Navy implementing regulations at 41 CFR Reasons: Contamination, Extensive Property Number: 77201130021 102–3.150. The Manufactured Housing deterioration, Secured Area Status: Excess Consensus Committee was established New Jersey Reasons: Floodway, Secured Area, Extensive under section 604(a)(3) of the National deterioration 13 Bldgs. Manufactured Housing Construction Trng Ctr-Storage Sheds Virginia and Safety Standards Act of 1974, 42 Cape May NJ 08204 7 Bldgs. U.S.C. 5403(a)(3). Landholding Agency: COE Marine Corps Base Public Comment: Citizens wishing to Property Number: 31201130009 Quantico VA comment on the business of the Status: Excess Landholding Agency: Navy Committee are encouraged to register on Directions: 1740, 1741, 1750, 1760, 1761, Property Number: 77201130023 or before October 14, 2011, by 1710, 1711, 1720, 1724, 1730, 1731, 1734, Status: Excess contacting: The National Fire Protection 1754 Directions: 2600, 2601, 2602, 2633, 2634, Association, Attention: Robert Solomon, Reasons: Extensive deterioration 2635, 2636 by mail to: One Batterymarch Park, P.O. North Dakota Reasons: Secured Area, Extensive deterioration Box 9101, Quincy, Massachusetts Non Tactical Area 02269, or by fax to 617–984–7110, or by Stanley Micklesen [FR Doc. 2011–25567 Filed 10–6–11; 8:45 am] e-mail to [email protected]. Please Nekoma ND BILLING CODE 4210–67–P prepare written comments to Landholding Agency: GSA accompany your presentation. The Property Number: 54201130010 Committee strives to accommodate Status: Surplus DEPARTMENT OF HOUSING AND citizen comment to the extent possible GSA Number: 7–D–ND–0499 URBAN DEVELOPMENT Comments: Asbestos present within the time constraints of its Reasons: Contamination [Docket No. FR–5496–N–04] meeting Agenda. Advance registration is Remote Sprint Launch #4 strongly encouraged. The Committee Stanley Mickelsen Notice of a Federal Advisory will also provide an opportunity for Nekoma ND Committee Meeting; Manufactured public comment on specifically matters Landholding Agency: GSA Housing Consensus Committee before the Committee. Property Number: 54201130017 AGENCY: Office of the Assistant Tentative Agenda: October 18, 2011, 9 Status: Surplus a.m. to 5 p.m.; October 19, 2011, 9 a.m. GSA Number: 7–D–ND–0499 Secretary for Housing—Federal Housing Comments: Asbestos present Commissioner, Department of Housing to 5 p.m.; October 20, 2011, 9 a.m. to Reasons: Contamination and Urban Development (HUD). Noon. Remote Sprint Launch #1 ACTION: Notice of a Federal advisory October 18, 2011 Stanley Mickelsen committee meeting. Nekoma ND 9 a.m. Federal Advisory Committee Landholding Agency: GSA SUMMARY: This notice sets forth the Preliminaries, Review/Approve Minutes Property Number: 54201130018 schedule and proposed agenda for a of the July, 2011 Meeting.

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10:30 a.m. Recess for Subcommittee office, the Chief Disaster and National DEPARTMENT OF THE INTERIOR meetings. Security Officer is not available to Fish and Wildlife Service October 19, 2011 exercise the powers or perform the duties of the office. This Order of [FWS–R4–R–2011–N052; 40136–1265–0000– 9 a.m. to 5 p.m. Succession is subject to the provisions S3] October 20, 2011 of the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345–3349d). Savannah National Wildlife Refuge 9 a.m. to noon. Complex, GA and SC; Final Report from HUD Manufactured Accordingly, the Secretary of HUD Comprehensive Conservation Plan and Housing Program Office. designates the following Order of Finding of No Significant Impact for Review Log of Proposals. Succession: Environmental Assessment Subcommittee Reports. Public Comments (a public comments Section A. Order of Succession AGENCY: Fish and Wildlife Service, Interior. period will be provided on October 19 Subject to the provisions of the ACTION: and October 20). Federal Vacancies Reform Act of 1998, Notice of availability. Receive/consider Proposals. during any period when, by reason of SUMMARY: We, the Fish and Wildlife October 20, 2011 absence, disability, or vacancy in office, Service (Service), announce the Adjourn at noon. the Chief Disaster and National Security availability of our final comprehensive Officer for the Department of Housing conservation plan (CCP) and finding of Dated: October 4, 2011. and Urban Development is not available no significant impact (FONSI) for the Carol J. Galante, to exercise the powers or perform the environmental assessment for Savannah Acting Assistant Secretary for Housing— duties of the Chief Disaster and National Coastal National Wildlife Refuge Federal Housing Commissioner. Security Officer, the following officials Complex (Complex). The Complex [FR Doc. 2011–26038 Filed 10–4–11; 4:15 pm] within the Office of Disaster consists of the following refuges: BILLING CODE 4210–67–P Management and National Security are Pinckney Island NWR in Beaufort hereby designated to exercise the County, South Carolina; Savannah NWR in Chatham and Effingham Counties, DEPARTMENT OF HOUSING AND powers and perform the duties of the office: Georgia, and Jasper County, South URBAN DEVELOPMENT Carolina; Tybee NWR in Jasper County, [Docket No. FR–5546–D–02] (1) Deputy Chief Disaster and South Carolina; Wassaw NWR in National Security Officer. Chatham County, Georgia; and Order of Succession for the Office of (2) Preparedness Division Director. Blackbeard Island NWR off the coast of Disaster Management and National (3) Protective Services Division McIntosh County, Georgia. In the final Security Director. CCP, we describe how we will manage these refuges for the next 15 years. AGENCY: Office of the Secretary, HUD. (4) Response and Recovery Division ADDRESSES: You may obtain a copy of ACTION: Notice of order of succession. Director. the CCP by writing to: Ms. Jane Griess, SUMMARY: In this notice, the Secretary of These officials shall perform the 694 Beech Hill Lane, Hardeeville, SC HUD designates the Order of Succession functions and duties of the office in the 29927. Alternatively, you may for the Office of Disaster Management order specified herein, and no official download the document from our and National Security. This is the first shall serve unless all the other officials, Internet Site: http://southeast.fws.gov/ order of succession established for this whose position titles precede his/hers in planning, under ‘‘Final Documents.’’ office. this order, are unable to act by reason FOR FURTHER INFORMATION CONTACT: Ms. DATES: Effective Date: September 30, of absence, disability, or vacancy in Jane Griess, at 843/784–9911 2011. office. (telephone), 843/784–2465 (fax), or [email protected] (e-mail). FOR FURTHER INFORMATION CONTACT: Section B. Authority Superseded SUPPLEMENTARY INFORMATION: Laura L. McClure, Acting Chief Disaster and National Security Officer, Office of There are no previous Orders of Introduction Disaster Management and National Succession. With this notice, we finalize the CCP Security, Department of Housing and Authority: Section 7(d), Department of process for the Complex. The CCP for Urban Development, 451 7th Street, Housing and Urban Development Act, 42 Wolf Island NWR, which is a part of the SW., Room 10170, Washington, DC U.S.C. 3535(d). Complex, was completed in 2008. We 20410–6000, telephone number 202– Dated: September 30, 2011. started this process through a Federal 402–6300 (this is not a toll-free Register notice on May 19, 2008 (73 FR Shaun Donovan, number). Persons with hearing or 28838). Please see that notice for more speech impairments may access this Secretary. about the refuges. number through TTY by calling the toll- [FR Doc. 2011–26047 Filed 10–6–11; 8:45 am] We announce our decision and the free Federal Relay Service at telephone BILLING CODE 4210–67–P availability of the final CCP and FONSI number 1–800–877–8339. for the Complex in accordance with the SUPPLEMENTARY INFORMATION: The National Environmental Policy Act Secretary of HUD is issuing this Order (NEPA) (40 CFR 1506.6 (b)) of Succession of officials authorized to requirements. We completed a thorough perform the functions and duties of the analysis of impacts on the human Chief Disaster and National Security environment, which we included in the Officer, Office of Disaster Management draft comprehensive conservation plan and National Security, when, by reason and environmental assessment (Draft of absence, disability, or vacancy in CCP/EA).

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Compatibility determinations for wildlife-dependent public use and transfer, or other viable means. This beach use, bicycling, commercial opportunities, while addressing key will include an investigation into guiding for wildlife-wildland issues and individual mandates. expanding the current acquisition observation, environmental education We will focus on augmenting wildlife boundary. At Savannah NWR, focus will and interpretation, recreational fishing, and habitat management to identify, be increased on acquiring lands that hiking, public hunting, mosquito conserve, and restore populations of provide resource and public use values. control, scientific research, timber native fish and wildlife species, with an This, too, will be accomplished by harvest, salvage timber harvest and sale, emphasis on migratory birds and acquiring lands from willing sellers. utility rights-of-way, and wildlife threatened and endangered species. Law enforcement activities to protect observation and photography are This will partially be accomplished by archaeological and historical sites and available in the CCP. increased monitoring of waterfowl, to provide visitor safety will be other migratory and resident birds, and intensified. The allocation of an Background endemic species in order to assess and additional law enforcement officer for The CCP Process adapt management strategies and the Complex will provide security for actions. We will address information cultural resources, but will also ensure The National Wildlife Refuge System gaps by the initiation of baseline visitor safety and public compliance Administration Act of 1966 (16 U.S.C. surveys and periodic monitoring. with refuge regulations. 668dd–668ee) (Administration Act), as Habitat management programs for Administration plans will stress the amended by the National Wildlife impoundments, beaches, wetlands, need for increased maintenance of Refuge System Improvement Act of open waters, forested habitats, scrub/ existing infrastructure and construction 1997, requires us to develop a CCP for shrub habitats, grasslands, and open of new facilities. Funding for new each national wildlife refuge. The lands will be re-evaluated and step- construction projects will be balanced purpose for developing a CCP is to down management plans will be between habitat management and public provide refuge managers with a 15-year developed to meet the foraging, resting, use needs. Additional staff will be plan for achieving refuge purposes and and breeding requirements of priority required to accomplish the goals of this contributing toward the mission of the species. Additionally, monitoring and alternative. Personnel priorities will National Wildlife Refuge System, adaptive habitat management will be include employing an environmental consistent with sound principles of fish implemented to potentially counteract education coordinator, law enforcement and wildlife management, conservation, the impacts associated with long-term officers/park rangers, a volunteer legal mandates, and our policies. In climate change and sea level rise. coordinator, biological technicians, addition to outlining broad management We will more aggressively manage maintenance workers, refuge managers, direction on conserving wildlife and invasive and exotic plant species by assistant refuge managers, and a their habitats, CCPs identify wildlife- implementing a management plan, geographic information systems dependent recreational opportunities completing a baseline inventory, specialist. The increased Complex available to the public, including supporting research, and controlling by budget and staffing levels will better opportunities for hunting, fishing, strategic mechanical and chemical enable us to meet the obligations of wildlife observation, wildlife means. Additionally, we will utilize this wildlife stewardship, habitat photography, and environmental management plan to enhance our efforts management, and public use. education and interpretation. We will to control/remove invasive, exotic, and/ review and update the CCP at least or nuisance animals on the refuges. Authority every 15 years in accordance with the Alternative B enhances each refuge’s This notice is published under the Administration Act. visitor service opportunities (except for authority of the National Wildlife Tybee NWR, which will remain closed Comments Refuge System Improvement Act of to the public) by: (1) Improving the 1997, Public Law 105–57. We made copies of the Draft CCP/EA quality of fishing opportunities; (2) available for a 30-day public review and streamlining the quota hunt process and Dated: April 5, 2011. comment period via a Federal Register where possible evaluating the options of Mark J. Musaus, notice on September 15, 2010 (75 FR allowing the use of crossbows and Acting Regional Director. 56133). We received comments from creating additional hunting Editorial Note: This document was State and Federal government agencies, opportunities; and (3) maintaining and received in the Office of the Federal Register local government agencies, non- where possible expanding on Monday, October 4, 2011. governmental organizations, and local environmental education opportunities. [FR Doc. 2011–25981 Filed 10–6–11; 8:45 am] citizens. Volunteer programs and a friends group BILLING CODE 4310–55–P will be expanded to enhance all aspects Selected Alternative of management and to increase resource We developed three alternatives for availability. The Complex is also DEPARTMENT OF THE INTERIOR managing the Complex. After evaluating the possibility of utilizing a considering the comments we received concessionaire at Pinckney Island NWR, Bureau of Indian Affairs and based on the professional judgment to implement a tram tour of the refuge of the planning team, we selected that will provide access in a controlled Final Environmental Impact Statement Alternative B for implementation. The manner and allow participation of for the Manzanita Band of Kumeyaay primary focus under Alternative B will patrons with mobility issues. Indians Fee-to-Trust Transfer and be to increase management. This Under this alternative, the priority of Casino Project, Calexico, CA alternative best signifies the vision, land acquisition at Harris Neck NWR AGENCY: Bureau of Indian Affairs, goals, and purposes of the Complex. We will be to acquire lands that provide Department of the Interior. will emphasize restoring and improving resource and public use values. This ACTION: Notice of availability. resources needed for wildlife and will be accomplished by acquiring lands habitat management and providing from willing sellers by fee title SUMMARY: This notice advises the public enhanced appropriate and compatible purchase, donation, mitigation purchase that the Bureau of Indian Affairs (BIA)

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as lead agency, with the Manzanita that the FEIS is now available for public ADDRESSES: You may mail or hand carry Band of Kumeyaay Indians (a.k.a. review. Public review of the FEIS is part written comments to Amy Dutschke, Manzanita Band of Digueno Mission of the administrative process for the Regional Director, Bureau of Indian Indians) (Tribe), National Indian evaluation of Tribal applications Affairs, Pacific Regional Office, 2800 Gaming Commission (NIGC), and City of seeking to have the United States take Cottage Way, Sacramento, California Calexico as cooperating agencies, land into trust for gaming. 95825. Please see the SUPPLEMENTARY intends to file a Final Environmental INFORMATION section of this notice for DATES: The Record of Decision (ROD) on Impact Statement (FEIS) with the directions on submitting comments and the proposed action will be issued no Environmental Protection Agency (EPA) how to obtain a copy of the FEIS. The sooner than 30 days after the release of for the Tribe’s proposed 60.8-acre fee-to- FEIS will be available to view at the trust transfer and casino project located the FEIS. Thus, any comments on the following locations: in the City of Calexico, California, and FEIS must arrive by November 7, 2011.

Contact number Location Address for general information

Holtville Branch—Meyer Memorial Library ...... 101 E. 6th Street, Holtville, CA 92250 ...... (760) 356–2385 City of Calexico—Camarena Memorial Library ...... 850 Encinas Avenue, Calexico, CA 92231 ...... (760) 768–2170

An electronic version of the FEIS can development and management contract, environmental justice; growth inducing also be viewed at: http:// and development of the proposed effects, indirect effects; cumulative www.calexico.ca.gov (planning division project. The proposed project includes a effects; and mitigation measures. site). 459,621-square foot casino facility on The BIA has afforded other FOR FURTHER INFORMATION CONTACT: John the 60.8-acre parcel. The casino facility government agencies and the public Rydzik, Bureau of Indian Affairs, Pacific would include an approximately extensive opportunity to participate in Regional Office, 2800 Cottage Way, 93,880-square foot casino; 63,000 square the preparation of this EIS. The BIA Sacramento, California 95825, telephone feet of food/beverage and retail published a notice of intent to prepare number: (916) 978–6051. components; 38,660-square foot the EIS for the proposed action in the SUPPLEMENTARY INFORMATION: Public entertainment venue; and 218,081 Federal Register on March 6, 2008 (73 review of the FEIS is part of the square feet of other operational facilities FR 12203). The BIA held a public administrative process for the (e.g., back of house area, central plant). scoping meeting on March 27, 2008, at evaluation of Tribal applications In addition, there will be a 46,000- the County of Imperial’s Board of seeking to have the United States take square foot banquet/meeting hall and Supervisors Chamber Room in El land into trust for gaming pursuant to 25 200-room hotel. The casino will have Centro, California. An NOA for the Draft U.S.C. 465, 25 CFR 151, 29 CFR 292 and 2,000 slot machines and 45 gaming EIS (DEIS) was published in the Federal 25 U.S.C. 2719(b)(1)(B). Pursuant to tables. There will be three guest Register on October 8, 2010 (75 FR Council on Environmental Quality restaurants and one employee dining 62417). The DEIS was available for (CEQ) National Environmental Policy room. A swimming pool and 6,000-guest public comment from October 8, 2010 to Act (NEPA) regulations (40 CFR space parking facility will also be December 22, 2010. The BIA held a 1506.10), the publication of this Notice developed within the project area. public hearing on the DEIS on of Availability (NOA) in the Federal Project alternatives considered in the November 10, 2010, in the City of Register initiates a 30-day waiting FEIS include: (1) Alternative A— Calexico, California. Proposed Action; (2) Alternative B— period for the Federal decision. Directions for Submitting Comments Reduced Casino; (3) Alternative C—No Background Action Alternative. Alternative A— Please include your name, return The Tribe proposes that 60.8 acres of Proposed Action has been selected as address and the caption, ‘‘FEIS land be taken into trust; it subsequently the Preferred Alternative, as discussed Comments, Manzanita Band of plans to develop a casino facility on this in the FEIS. The alternatives are Kumeyaay Indians, 60.8–Acre Fee-to- land. The subject property is located at intended to assist the review of the Trust Casino Project, Calexico, the northern most gateway to the City of issues presented, but the Preferred California’’ on the first page of your Calexico, a California/Mexico border Alternative does not necessarily reflect written comments. Comments, city of growing importance in what the final decision will be, because including names and addresses of international trade. The project site is a complete evaluation of the criteria respondents, will be available for public situated at the southwest quadrant of listed 25 CFR part 151 may lead to a review at the BIA mailing address State Highway 111 and Jasper Road and final decision that selects an alternative shown in the ADDRESSES section of this is bounded on the south and west by the other than the Preferred Alternative, notice, during regular business hours, 8 Central Main and Dogwood Canals. The including no action, or that selects a a.m. to 4:30 p.m., Monday through 60.8-acre parcel is undeveloped former variant of the Preferred or another of the Friday, except holidays. Before agricultural land and is located within alternatives analyzed in the FEIS. including your address, telephone the City of Calexico’s 111 Calexico Place Environmental issues addressed in number, e-mail address, or other project site, a commercial highway the FEIS include land resources; water personal identifying information in your development project that was approved resources; air quality; biological comment, you should be aware that by the City of Calexico City Council on resources; cultural and paleontological your entire comment—including your May 5, 2010. resources; socioeconomic conditions; personal identifying information—may The proposed action consists of the transportation; land use and agriculture; be made publicly available at any time. fee-to-trust transfer of the project site, public services; noise; hazardous While you can ask us in your comment Federal review (by NIGC) of the materials; visual resources; to withhold your personal identifying

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information from public review, we your address, phone number, e-mail WYOMING cannot guarantee that we will be able to address, or other personal identifying Johnson County do so. information in your comment, you Blue Gables Motel, (Motor Courts and Motels Directions To Obtain a Copy of FEIS should be aware that your entire in Wyoming MPS), 662 N. Main St., comment—including your personal Buffalo, 11000772 To obtain a compact disk copy of the identifying information—may be made In the interest of preservation, the FEIS, please provide your name and publicly available at any time. While address in writing or by voicemail to comment period for the following resource you can ask us in your comment to has been shortened to three (3) days: John Rydzik, Chief of the Division of withhold your personal identifying Environmental, Cultural Resources MISSISSIPPI information from public review, we Management and safety, at the address cannot guarantee that we will be able to Harrison County listed in the FOR FURTHER INFORMATION do so. Gulfport Harbor Square Commercial Historic CONTACT section of this notice. District, Roughly between 23rd & 28th Individual paper copies of the FEIS will J. Paul Loether, Aves., 13th St. & 25th Ave. to jct. with 17th be provided upon payment of applicable Chief, National Register of Historic Places/ St., Gulfport, 11000762 printing expenses by the requestor for National Historic Landmarks Program. Request for REMOVAL has been received the number of copies requested. for the following resource: ARIZONA Authority MISSISSIPPI Pima County This notice is published pursuant to Harrison County Sec. 1503.1 of the Council of Marist College Historic District, 72 W. Ochoa St., Tucson, 11000760 Harbor Square Historic District, Roughly Environmental Quality Regulations (40 bounded by L & N Railroad, 23rd Ave., CFR parts 1500 through 1508) and Sec. LOUISIANA 13th St. and 27th Ave., Gulfport, 85001788 46.305 of the Department of the Interior [FR Doc. 2011–25968 Filed 10–6–11; 8:45 am] Regulations (43 CFR part 46), East Baton Rouge Parish BILLING CODE 4312–51–P implementing the procedural Virginia Street Historic District, 4512–4642 requirements of the NEPA of 1969, as Virginia & 4338 Florida Sts., Zachary, amended (42 U.S.C. 4371, et seq.), and 11000761 DEPARTMENT OF THE INTERIOR is in the exercise of authority delegated MISSOURI to the Assistant Secretary—Indian Bureau of Reclamation Affairs by 209 DM 8. Jackson County Dated: September 22, 2011. Milo Apartments, (Working-Class and Final Environmental Impact Report/ Environmental Impact Statement for Larry Echo Hawk, Middle-Income Apartment Buildings in Upper Truckee River Restoration and Assistant Secretary—Indian Affairs . Kansas City, Missouri MPS), 1014–1020 W. Golf Course Reconfiguration Project [FR Doc. 2011–25751 Filed 10–6–11; 8:45 am] 44th St., Kansas City, 11000763 BILLING CODE 4310–W7–P Pendergast, Thomas J., Headquarters, 1908 AGENCY: Bureau of Reclamation, Main St., Kansas City, 11000764 Interior. Washington County ACTION: DEPARTMENT OF THE INTERIOR Notice of availability. Washington County Courthouse, 102 N. National Park Service Missouri St., Potosi, 11000765 SUMMARY: The final Environmental Impact Report/Environmental Impact [NPS–WASO–NRNHL–0911–8495; 2200– NEW HAMPSHIRE Statement for the Upper Truckee River 3200–665] Belknap County Restoration and Golf Course Reconfiguration Project is available for National Register of Historic Places; Federal Building, 719 Main St., Laconia, public review and comment. The Notification of Pending Nominations 11000766 and Related Actions Bureau of Reclamation, the California NORTH CAROLINA Department of Parks and Recreation, and the Tahoe Regional Planning Nominations for the following Beaufort County properties being considered for listing Agency have evaluated comments and or related actions in the National North Market Street Historic District, are recommending a preferred Register were received by the National Roughly bounded by 15th, Nicholson & 6th alternative for approval. The preferred Park Service before September 17, 2011. Sts. & Summit Ave., Washington, 11000767 alternative includes river ecosystem Pursuant to section 60.13 of 36 CFR part NORTH DAKOTA restoration with a reconfigured 18-hole 60, written comments are being golf course. Barnes County accepted concerning the significance of DATES: Reclamation will complete a the nominated properties under the Green Consolidated School, 39 R St., SE., Record of Decision at least 30 days from National Register criteria for evaluation. Valley City, 11000768 publication of the final Environmental Comments may be forwarded by United OREGON Impact Report/Environmental Impact States Postal Service, to the National Statement. Register of Historic Places, National Linn County Park Service, 1849 C St., NW., MS 2280, Andrus, Jerry, House, 1638 1st Ave E., ADDRESSES: The final Environmental Washington, DC 20240; by all other Albany, 11000769 Impact Report/Environmental Impact carriers, National Register of Historic Statement is accessible at the following Places, National Park Service, 1201 Eye Multnomah County Web sites: St., NW., 8th floor, Washington, DC Portland Public Service Building, 1120 SW. • http://www.restoreuppertruckee. 20005; or by fax, 202–371–6447. Written 5th Ave., Portland, 11000770 net/index.htm. or faxed comments should be submitted Springdale School, 32405 E. Historic • http://www.parks.ca.gov/?page_ by October 24, 2011. Before including Columbia R. Hwy., Corbett, 11000771 id=981 (click on El Dorado County).

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• http://www.trpa.org. as comments provided at public scoping course layout. The final EIR/EIS • http://www.usbr.gov/mp/nepa/ meetings and a recreation planning contains a complete description of the nepa_projdetails.cfm?Project_ID=5760. workshop conducted for additional preferred alternative. The final Environmental Impact public input. The project partners A notice of availability announcing Report/Environmental Impact Statement presented the five alternatives for public the release of the draft EIR/EIS was is available for review by the public review during circulation of the draft published in the Federal Register on during normal business hours at the Environmental Impact Report/ August 25, 2010 (75 FR 52360). The following locations: Environmental Impact Statement (EIR/ written comment period on the draft • California State Parks’ EIS). The draft EIR/EIS includes EIR/EIS ended November 4, 2010. The Administrative office at Sugarpine Point detailed analysis of a reasonable range final EIR/EIS contains responses to all State Park, 7360 West Lake Boulevard, of alternatives, including a no-action comments received and reflects Tahoma, CA 96142. alternative. (Other alternatives proved to comments and any additional • Tahoe Regional Planning Agency be unsuitable for detailed study.) information received during the review front desk, 128 Market Street, Stateline, The five alternatives include four period. NV 89449. action alternatives (alternatives 2–5), Notice of the final EIR/EIS is being • Mid-Pacific Regional Library, and the no-project/no-action alternative distributed to interested agencies, Bureau of Reclamation, 2800 Cottage (alternative 1). For alternative 1, the stakeholder organizations, and Way, Sacramento, CA 95825. river restoration and changes to the golf individuals. The next steps in the • South Lake Tahoe Library front course would not be implemented. This process are as follows: desk, 1000 Rufus Allen Boulevard, alternative represents a projection of • About one week after the release of South Lake Tahoe, CA 96150. reasonably foreseeable future conditions the final EIR/EIS, the Environmental Hard copies can be printed for that could occur if no project actions Protection Agency will include the EIR/ purchase at Staples, 2061 Lake Tahoe were implemented. EIS on the weekly list published in the Boulevard, South Lake Tahoe, CA Alternative 2 would involve Federal Register. 96150. CDs are also available upon restoration of the Upper Truckee River • 30 days or more after the request by e-mail from California State with a reconfigured 18-hole regulation Environmental Protection Agency Parks at: [email protected]. golf course. Alternative 3 would involve publishes the list, Reclamation will FOR FURTHER INFORMATION CONTACT: similar river restoration, but providing complete a Record of Decision. The Cyndie Walck, California State Parks, only a reduced-play (9-hole or Record of Decision will state the action 530–581–0925; Brian Judge, TRPA, 775– executive) golf course. Alternative 4 that will be implemented and will 589–5262; or Myrnie Mayville, would use a combination of hard and discuss all factors leading to the Reclamation, 775–589–5240. soft stabilization to keep the river in its decision. SUPPLEMENTARY INFORMATION: The present configuration and includes only • In late fall 2011, the California purposes of this project are: minor changes to the existing 18-hole Parks and Recreation Commission will • To improve geomorphic processes, regulation golf course. Alternative 5 consider the General Plan amendment. ecological functions, and habitat values would involve decommissioning and • Sometime after the California of the Upper Truckee River within the removing the 18-hole regulation golf Commission’s decision, the Tahoe study area; course to restore all or a portion of the Regional Planning Agency Governing • To reduce the river’s discharge of golf course landscape to meadow and Board will consider approval. nutrients and sediment that diminish riparian habitat. Dates for the Park Commission and Lake Tahoe’s clarity; and To select the preferred alternative, the Planning Agency meetings will be • To provide access to public project partners screened the five posted on the following California State recreation opportunities in Washoe alternatives using two types of criteria: • Parks Web site: http:// Meadows State Park and Lake Valley Criteria related to the project www.restoreuppertruckee.net. State Recreation Area. purpose, need, and goals, and The 520-acre study area is just north objectives; and Public Disclosure • of Meyers and south of the City of South Criteria related to geomorphology, Before including your name, address, Lake Tahoe, within El Dorado County, ecology, water quality, recreation, phone number, e-mail address, or other California. It includes the southern operations, engineering, and revenue. personal identifying information in any portion of Washoe Meadows State Park, The preferred alternative is a slightly correspondence, you should be aware Lake Valley State Recreation Area, and modified version of alternative 2 with that your entire correspondence— small portions of U.S. Forest Service river restoration and an 18-hole including your personal identifying and California Tahoe Conservancy regulation golf course. The quarry information—may be made publicly lands, as well as a 2.24-mile reach of the restoration was removed after further available at any time. While you may Upper Truckee River. assessment because California State ask us in your correspondence to The project partners (the Bureau of Parks found that the area was recovering withhold your personal identifying Reclamation, the California Department on its own and restoration was not information from public review, we of Parks and Recreation, and the Tahoe needed. There have been some slight cannot guarantee that we will be able to Regional Planning Agency) worked with modifications to the trail layout in the do so. a team of technical consultants to golf course area. Acreages have changed develop five alternatives for the due to acreage errors in the draft EIR/ Dated: September 15, 2011. reconfiguration project. These EIS as well as to bring part of the sewer Pablo R. Arroyave, alternatives are the product of extensive access road into the State Recreation Deputy Regional Director, Mid-Pacific Region. review of comments on the notice of Area, and to allow for some potential [FR Doc. 2011–25845 Filed 10–6–11; 8:45 am] preparation and notice of intent, as well minor modifications in the final golf BILLING CODE 4310–MN–P

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INTERNATIONAL TRADE Office of Justice Programs (OJP) will be Overview of This Information COMMISSION submitting the following information Collection collection request to the Office of [USITC SE–11–027] (1) Type of Information Collection: Management and Budget (OMB) for New Collection. review and approval in accordance with Government in the Sunshine Act (2) Title of the Form/Collection: the Paperwork Reduction Act of 1995. Meeting Notice Understanding Trends in Hate Crimes The proposed information collection is Against Immigrants and Hispanic published to obtain comments from the AGENCY HOLDING THE MEETING: United Americans. public and affected agencies. This States International Trade Commission, (3) Agency form number, if any, and proposed information collection was TIME AND DATE: October 12, 2011 at 9:30 the applicable component of the previously published in the Federal a.m. Department of Justice sponsoring the Register Volume 76, Number 148, page PLACE: Room 101, 500 E Street SW., collection: Form Number: ?. National 46326, on August 2, 2011, allowing for Washington, DC 20436, Telephone: Institute of Justice, Office of Justice a 60 day comment period. (202) 205–2000. Programs. STATUS: Open to the public. The purpose of this notice is to allow (4) Affected public who will be asked for an additional 30 days for public or required to respond, as well as a brief Matters To Be Considered comment until November 7, 2011. This abstract: Primary: Law enforcement 1. Agendas for future meetings: None. process is conducted in accordance with chiefs and sheriffs. Secondary: Patrol 2. Minutes. 5 CFR 1320.10. officers, directors of advocacy 3. Ratification List. Written comments and/or suggestions organizations for immigrants, and 4. Vote in Inv. No. 731–TA–1091 regarding the items contained in this clients of immigration advocacy (Review) (Artists’ Canvas from China). notice, especially the estimated public organizations. While there has been The Commission is currently scheduled burden and associated response time, great progress in understanding and to transmit its determination and should be directed to Carrie Mulford, measuring hate crime, many Commissioners’ opinions to the National Institute of Justice, 810 7th fundamental questions remain Secretary of Commerce on or before Street, NW., Washington, DC 20531. unanswered. To address these October 25, 2011. Additionally, comments may be questions, we are employing a multi- 5. Outstanding action jackets: None. submitted to OMB via facsimile to (202) method analysis of hate crime in the In accordance with Commission 395–5806. United States with a special focus on policy, subject matter listed above, not Written comments and suggestions trends in crimes against Hispanic disposed of at the scheduled meeting, from the public and affected agencies Americans and others perceived to be may be carried over to the agenda of the concerning the proposed collection of immigrants. The first phase of the following meeting. information are encouraged. Your project, already complete, involved By order of the Commission. comments should address one or more gathering and analyzing relevant Issued: October 4, 2011. of the following four points: secondary data sets. Phase two of the project will involve a survey of a sample William R. Bishop, —Evaluate whether the proposed of 500 police departments, focus groups Hearings and Meetings Coordinator. collection of information is necessary with law enforcement personnel and [FR Doc. 2011–26100 Filed 10–5–11; 11:15 am] for the proper performance of the NGOs addressing hate crime in five BILLING CODE 7020–02–P functions of the agency, including selected sites, and interviews with whether the information will have expert law enforcement practitioners, practical utility; trainers and researchers. DEPARTMENT OF JUSTICE —Evaluate the accuracy of the agencies (5) An estimate of the total number of estimate of the burden of the Office of Justice Programs respondents and the amount of time proposed collection of information, estimated for an average respondent to including the validity of the National Institute of Justice respond: We hope to gather 500 methodology and assumptions used; responses to the law enforcement [OMB Number 1121–NEW] —Enhance the quality, utility, and survey. Agencies selected for the survey clarity of the information to be will be based on a disproportionate Agency Information Collection collected; and stratified random sample design with Activities; Proposed Collection; —Minimize the burden of the collection oversampling of agencies serving Comments Requested; Understanding of information on those who are to populations over 50,000. Further, we Trends in Hate Crimes Against respond, including through the use of estimate that we will conduct about 20 Immigrants and Hispanic Americans appropriate automated, electronic, focus groups, with about eight ACTION: 30-Day notice of information mechanical, or other technological individuals each, and at least 60 collection under review. collection techniques or other forms individual interviews. The table below of information technology, e.g., shows the estimated number of The Department of Justice (DOJ), permitting electronic submission of respondents for each portion of data National Institute of Justice (NIJ) and responses. collection.

State Arizona California Michigan New Jersey Texas

Law Enforcement Survey

Police Chiefs ...... 64 174 79 82 101

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State Arizona California Michigan New Jersey Texas

Focus Groups

Patrol Officers ...... 16 16 16 16 16 Clients of NGOs ...... 16 16 16 16 16

One-on-One Interviews

Law Enforcement ...... 6 6 6 6 6 NGO directors ...... 6 6 6 6 6

The law enforcement survey will take interviews will last between 30 minutes collection: There are an estimated 470 about 30 minutes to complete. Each of and one hour. annual total public burden hours the focus groups will last for (6) An estimate of the total public associated with this collection. approximately one hour. Individual burden (in hours) associated with the

Estimated time Total Total minutes Task (minutes) participants per task

Law Enforcement Survey ...... 30 500 15,000 Focus Groups ...... 60 160 9,600 Interviews ...... 60 60 3,600

Total ...... 28,200 (=470 hours)

If additional information is required Volume 76, Number 148, page 46324 on proposed collection of information, contact: Jerri Murray, Department August 2, 2011, allowing for a 60 day including the validity of the Clearance Officer, United States comment period. methodology and assumptions used; Department of Justice, Justice The purpose of this notice is to allow —Enhance the quality, utility, and Management Division, Policy and for an additional 30 days for public clarity of the information to be Planning Staff, Two Constitution comment November 7, 2011. This collected; and Square, 145 N Street, NE., Room 2E– process is conducted in accordance with —Minimize the burden of the collection 508, Washington, DC 20530. 5 CFR 1320.10. of information on those who are to Written comments and/or suggestions respond, including through the use of Jerri Murray, regarding the items contained in this appropriate automated, electronic, Department Clearance Officer, PRA, U.S. notice, especially the estimated public Department of Justice. mechanical, or other technological burden and associated response time, collection techniques or other forms [FR Doc. 2011–25987 Filed 10–6–11; 8:45 am] should be sent to the Office of of information technology, e.g., BILLING CODE 4410–18–P Information and Regulatory Affairs, permitting electronic submission of Office of Management and Budget, Attn: responses. DOJ Desk Officer. The best way to DEPARTMENT OF JUSTICE ensure your comments are received is to Overview of This Information [OMB Number 1105–0052] e-mail them to Collection [email protected] or fax (1) Type of Information Collection: Agency Information Collection them to 202–395–7285. All comments Extension of a currently approved Activities: Proposed Collection; should reference the 8 digit OMB collection. Comments Requested; Extension of a number for the collection or the title of (2) Title of the Form/Collection: Currently Approved Information the collection. If you have questions Claims Filed Under the Radiation Collection; Claims Filed Under the concerning the collection, please call Exposure Compensation Act (RECA). Radiation Exposure Compensation Act Dianne Spellberg at 202–616–4129 or (3) Agency form number, if any, and (RECA) the DOJ Desk Officer at 202–395–3176. the applicable component of the OMB via facsimile to (202) 395–5806. Department sponsoring the collection: ACTION: 30-Day Notice of Information Written comments and suggestions from Collection under Review. Form Number: N/A. The Civil Division, the public and affected agencies United States Department of Justice is The Department of Justice (DOJ), Civil concerning the proposed collection of sponsoring the collection. Division, will be submitting the information are encouraged. Your (4) Affected public who will be asked following information collection request comments should address one or more or required to respond, as well as a brief to the Office of Management and Budget of the following four points: abstract: Primary: Individuals or (OMB) for review and approval in —Evaluate whether the proposed households. Abstract: Information is accordance with the Paperwork collection of information is necessary collected to determine whether an Reduction Act of 1995. The proposed for the proper performance of the individual is entitled to compensation information collection is published to functions of the agency, including under the Radiation Exposure obtain comments from the public and whether the information will have Compensation Act. affected agencies. This proposed practical utility; (5) An estimate of the total number of information collection was previously —Evaluate the accuracy of the agencies respondents and the amount of time published in the Federal Register estimate of the burden of the estimated for an average respondent to

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respond: It is estimated that 2,000 settlement of a tax refund action, Delphi amount to the Consent Decree Library at respondents will complete the form Corp., et al. v. United States, Case No. the stated address. annually within approximately 2.5 08 Civ. 4487 (PKC) (the ‘‘Tax Refund Maureen M. Katz, hours. Action’’), pending in the United States Assistant Chief, Environmental Enforcement (6) An estimate of the total public District Court for the Southern District burden (in hours) associated with the Section, Environment and Natural Resources of New York. If the Tax Refund Action Division. collection: There are an estimated 5,000 settlement is approved, the allowed [FR Doc. 2011–26037 Filed 10–6–11; 8:45 am] total annual burden hours associated claim of $857,582.52 shall be applied as with this collection. BILLING CODE 4410–15–P a setoff against the refund that would be If additional information is required contact: Jerri Murray, Department owed to the Reorganized Debtors. DEPARTMENT OF JUSTICE Clearance Officer, United States Pursuant to the Settlement Agreement, the Debtors and Reorganized Debtors Department of Justice, Justice Drug Enforcement Administration Management Division, Policy and will receive a covenant not to sue from Planning Staff, Two Constitution the United States on behalf of EPA for Importer of Controlled Substances; Square, 145 N Street, NE., Room 2E– the sites identified in this Notice, i.e., Notice of Application 508, Washington, DC 20530. the Tremont Site and South Dayton Site. Pursuant to 21 U.S.C. 958(i), the Comments relating to the Settlement Jerri Murray, Attorney General shall, prior to issuing Department Clearance Officer, PRA, United Agreement must be received by the a registration under this Section to a States Department of Justice. Department of Justice no later than bulk manufacturer of a controlled [FR Doc. 2011–25988 Filed 10–6–11; 8:45 am] fourteen (14) days from the date of this substance in schedule I or II, and prior BILLING CODE 4410–12–P publication. Comments should be to issuing a regulation under 21 U.S.C. addressed to the Assistant Attorney 952(a)(2) authorizing the importation of General, Environment and Natural such a substance, provide DEPARTMENT OF JUSTICE Resources Division, and either e-mailed manufacturers holding registrations for to [email protected] or the bulk manufacture of the substance Notice of Lodging of Settlement mailed to P.O. Box 7611, U.S. an opportunity for a hearing. Agreement Under the Comprehensive Department of Justice, Washington, D.C. Therefore, in accordance with 21 CFR Environmental Response, 20044–7611, and should refer to In re 1301.34(a), this is notice that on August Compensation, and Liability Act DPH Holdings Corp., D.J. Ref. _90–11– 11, 2011, Fisher Clinical Services, Inc., Notice is hereby given that on October 3–08913. Commenters may request an 7554 Schantz Road, Allentown, 4, 2011, a proposed Settlement opportunity for a public meeting in the Pennsylvania 18106, made application Agreement in the bankruptcy matter In affected area, in accordance with by renewal to the Drug Enforcement re DPH Holdings Corp., et al., Jointly Section 7003(d) of RCRA, 42 U.S.C. Administration (DEA) to be registered as Administered Case No. 05–44481 (RDD), 6973(d). an importer of the following basic was filed with the United States classes of controlled substances: Bankruptcy Court for the Southern The Settlement Agreement may be District of New York. The Settlement examined at the Office of the United Drug Schedule Agreement between the United States States Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and Noroxymorphone (9668) ...... II and DPH Holdings Corp., f/k/a Delphi Sufentanil (9740) ...... II Corp., and its affiliated reorganized at the U.S. Environmental Protection Tapentadol (9780) ...... II debtors (‘‘Reorganized Debtors’’) Agency, Ariel Rios Building, 1200 resolves claims and causes of action of Pennsylvania Avenue, NW., The company plans to import the the United States on behalf of the Washington, DC 20460. During the listed substances for analytical research Environmental Protection Agency public comment period, the Settlement and clinical trials. (‘‘EPA’’) against debtor Delphi Agreement may also be examined on the Any bulk manufacturer who is Automotive Systems LLC n/k/a DPH– following Department of Justice Web presently, or is applying to be, DAS LLC under the Comprehensive site, http://www.usdoj.gov/enrd/ registered with DEA to manufacture Environmental Response, Consent_Decrees.html. A copy of the such basic classes of controlled Compensation, and Liability Act of Settlement Agreement also may be substances may file comments or 1980, as amended, 42 U.S.C 9601–75 obtained by mail from the Consent objections to the issuance of the (‘‘CERCLA’’), and Section 7003 of the Decree Library, P.O. Box 7611, U.S. proposed registration and may, at the Resource Conservation and Recovery Department of Justice, Washington, DC same time, file a written request for a Act (‘‘RCRA’’), 42 U.S.C. 6973, with 20044–7611 or by faxing or e-mailing a hearing on such application pursuant to respect to the Tremont City Landfill request to Tonia Fleetwood 21 CFR 1301.43, and in such form as Superfund Site in Tremont City, Ohio ([email protected]), fax no. prescribed by 21 CFR 1316.47. Any such written comments or (‘‘Tremont Site’’), and the South Dayton (202) 514–0097, phone confirmation Dump & Landfill Superfund Site in objections should be addressed, in number (202) 514–1547. In requesting a Moraine, Ohio (‘‘South Dayton Site’’). quintuplicate, to the Drug Enforcement Under the Settlement Agreement, the copy from the Consent Decree Library, Administration, Office of Diversion United States, on behalf of EPA, will please enclose a check in the amount of Control, Federal Register Representative have an allowed claim of $857,582.52. $2.50 (25 cents per page reproduction (ODL), 8701 Morrissette Drive, The allowed claim shall be allocated as cost) payable to the U.S. Treasury or, if Springfield, Virginia 22152; and must be an allowed claim of $559,292.95 for the by e-mail or fax, forward a check in that filed no later than November 7, 2011. Tremont Site and an allowed claim of This procedure is to be conducted $298,289.57 for the South Dayton Site. simultaneously with, and independent The effectiveness of the settlement is of, the procedures described in 21 CFR subject to the approval of a potential 1301.34(b), (c), (d), (e), and (f). As noted

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in a previous notice published in the obligations under international treaties, Deputy Assistant Administrator, Office Federal Register on September 23, 1975, conventions, or protocols in effect on of Diversion Control, Drug Enforcement 40 FR 43745–46, all applicants for May 1, 1971. DEA has investigated Administration, that the requirements registration to import a basic class of Chattem Chemicals, Inc. to ensure that for such registration pursuant to 21 any controlled substance in schedule I the company’s registration is consistent U.S.C. 958(a); 21 U.S.C. 823(a); and 21 or II are, and will continue to be, with the public interest. The CFR 1301.34(b), (c), (d), (e), and (f) are required to demonstrate to the Deputy investigation has included inspection satisfied. Assistant Administrator, Office of and testing of the company’s physical Dated: September 28, 2011. security systems, verification of the Diversion Control, Drug Enforcement Joseph T. Rannazzisi, Administration, that the requirements company’s compliance with state and local laws, and a review of the Deputy Assistant Administrator, Office of for such registration pursuant to 21 Diversion Control, Drug Enforcement U.S.C. 958(a); 21 U.S.C. 823(a); and 21 company’s background and history. Administration. CFR 1301.34(b), (c), (d), (e), and (f) are Therefore, pursuant to 21 U.S.C. 952(a) [FR Doc. 2011–26068 Filed 10–6–11; 8:45 am] satisfied. and 958(a), and in accordance with 21 BILLING CODE 4410–09–P Dated: September 27, 2011. CFR 1301.34, the above named company is granted registration as an importer of Joseph T. Rannazzisi, the basic classes of controlled DEPARTMENT OF JUSTICE Deputy Assistant Administrator, Office of substances listed. Diversion Control, Drug Enforcement Administration. Dated: September 28, 2011. Drug Enforcement Administration [FR Doc. 2011–25989 Filed 10–6–11; 8:45 am] Joseph T. Rannazzisi, Importer of Controlled Substances; BILLING CODE 4410–09–P Deputy Assistant Administrator, Office of Diversion Control, Notice of Registration Drug Enforcement Administration. By Notice dated May 13, 2011, and DEPARTMENT OF JUSTICE [FR Doc. 2011–26066 Filed 10–6–11; 8:45 am] published in the Federal Register on BILLING CODE 4410–09–P Drug Enforcement Administration May 27, 2011, 76 FR 30969, Akorn, Inc., 1222 W. Grand Avenue, Decatur, Illinois Importer of Controlled Substances; DEPARTMENT OF JUSTICE 62522, made application to the Drug Notice of Registration Enforcement Administration (DEA) to Drug Enforcement Administration be registered as an importer of By Notice dated June 7, 2011, and Remifentanil (9739), a basic class of published in the Federal Register on Importer of Controlled Substances; controlled substance listed in schedule June 16, 2011, 76 FR 35241, Chattem Notice of Application II. Chemicals, Inc., 3801 St. Elmo Avenue, The company plans to import This is notice that on July 19, 2011, Building 18, Chattanooga, Tennessee Remifentanil in bulk for use in dosage- 37409, made application by renewal to Cody Laboratories Inc., 601 Yellowstone Avenue, Cody, Wyoming 82414–9321, form manufacturing. the Drug Enforcement Administration No comments or objections have been (DEA) to be registered as an importer of made application by renewal to the Drug Enforcement Administration received. DEA has considered the the following basic classes of controlled factors in 21 U.S.C. 823(a) and 952(a), substances: (DEA) for registration as an importer of the following basic classes of controlled and determined that the registration of Akorn, Inc., to import the basic class of Drug Schedule substances: controlled substance is consistent with Methamphetamine (1105) ...... II Drug Schedule the public interest, and with United 4-Anilino-N-phenethyl-4-piperidine II States obligations under international (8333). Opium, raw (9600) ...... II treaties, conventions, or protocols in Phenylacetone (8501) ...... II Poppy Straw Concentrate (9670) II effect on May 1, 1971. DEA has Opium, raw (9600) ...... II investigated Akorn Inc., to ensure that Poppy Straw Concentrate (9670) .. II The company plans to import narcotic the company’s registration is consistent raw materials for manufacturing and with the public interest. The The company plans to import the further distribution to its customers. investigation has included inspection listed controlled substances to The company is registered with DEA as and testing of the company’s physical manufacture bulk controlled substances a manufacturer of several controlled security systems, verification of the for sale to its customers. substances that are manufactured from company’s compliance with state and As explained in the Correction to raw opium, poppy straw, and local laws, and a review of the Notice of Application pertaining to concentrate of poppy straw. company’s background and history. Rhodes Technologies, 72 FR 3417 As explained in the Correction to Therefore, pursuant to 21 U.S.C. 952(a) (2007), comments and requests for Notice of Application pertaining to and 958(a), and in accordance with 21 hearings on applications to import Rhodes Technologies, 72 FR 3417 CFR 1301.34, the above named company narcotic raw material are not (2007), comments and requests for is granted registration as an importer of appropriate. With regard to all non- hearings on applications to import the basic class of controlled substance Narcotic Raw Material drugs on this narcotic raw material are not listed. application no comments or objections appropriate. have been received. DEA has considered As noted in a previous notice Dated: September 28, 2011. the factors in 21 U.S.C. 823(a) and published in the Federal Register on Joseph T. Rannazzisi, 952(a), and determined that the September 23, 1975, 40 FR 43745, all Deputy Assistant Administrator, Office of registration of Chattem Chemicals, Inc. applicants for registration to import a Diversion Control, Drug Enforcement to import the basic classes of controlled basic class of any controlled substance Administration. substances is consistent with the public in schedule I or II are, and will continue [FR Doc. 2011–25992 Filed 10–6–11; 8:45 am] interest and with United States to be, required to demonstrate to the BILLING CODE 4410–09–P

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DEPARTMENT OF JUSTICE Drug Schedule Enforcement Administration (DEA) to be registered as an importer of Drug Enforcement Administration Dihydrocodeine (9120) ...... II Phenylacetone (8501), a basic class of Oxycodone (9143) ...... II controlled substance listed in schedule Importer of Controlled Substances; Hydromorphone (9150) ...... II II. Notice of Registration Benzoylecgonine (9180) ...... II The company plans to import the Ethylmorphine (9190) ...... II By Notice dated June 7, 2011, and Hydrocodone (9193) ...... II listed controlled substance in bulk for published in the Federal Register on Levorphanol (9220) ...... II distribution to its customers. June 16, 2011, 76 FR 35240, Lipomed, Meperidine (9230) ...... II No comments or objections have been Inc., One Broadway, Cambridge, Methadone (9250) ...... II received. DEA has considered the Massachusetts 02142, made application Dextropropoxyphene, bulk (non- II factors in 21 U.S.C. 823(a) and 952(a) dosage forms) (9273). and determined that the registration of by renewal to the Drug Enforcement Morphine (9300) ...... II Administration (DEA) to be registered as Noramco Inc. to import the basic class Thebaine (9333) ...... II of controlled substance is consistent an importer of the following basic Oxymorphone (9652) ...... II classes of controlled substances: Alfentanil (9737) ...... II with the public interest, and with Sufentanil (9740) ...... II United States obligations under Drug Schedule Fentanyl (9801) ...... II international treaties, conventions, or protocols in effect on May 1, 1971. DEA Cathinone (1235) ...... I The company plans to import has investigated Noramco Inc. to ensure Methcathinone (1237) ...... I analytical reference standards for that the company’s registration is N-Ethylamphetamine (1475) ...... I distribution to its customers for research consistent with the public interest. The Fenethylline (1503) ...... I investigation has included inspection Methaqualone (2565) ...... I and analytical purposes. Gamma Hydroxybutyric Acid I No comments or objections have been and testing of the company’s physical (2010). received. DEA has considered the security systems, verification of the Lysergic acid diethylamide (7315) I factors in 21 U.S.C. 823(a) and 952(a) company’s compliance with state and 2,5-Dimethoxy-4-(n)- I and determined that the registration of local laws, and a review of the propylthiophenethylamine Lipomed, Inc. to import the basic company’s background and history. (7348). classes of controlled substances is Therefore, pursuant to 21 U.S.C. 952(a) Marihuana (7360) ...... I consistent with the public interest and and 958(a), and in accordance with 21 Tetrahydrocannabinols (7370) ..... I with United States obligations under CFR 1301.34, the above named company Mescaline (7381) ...... I international treaties, conventions, or 3,4,5-Trimethoxyamphetamine I is granted registration as an importer of (7390). protocols in effect on May 1, 1971. DEA the basic class of controlled substance 4-Bromo-2,5- I has investigated Lipomed, Inc. to ensure listed. dimethoxyamphetamine (7391). that the company’s registration is Dated: September 28, 2011. 4-Bromo-2,5- I consistent with the public interest. The Joseph T. Rannazzisi, dimethoxyphenethylamine investigation has included inspection (7392). and testing of the company’s physical Deputy Assistant Administrator, Office of 4-Methyl-2,5- I Diversion Control, Drug Enforcement security systems, verification of the Administration. dimethoxyamphetamine (7395). company’s compliance with state and 2,5-Dimethoxyamphetamine I [FR Doc. 2011–26062 Filed 10–6–11; 8:45 am] local laws, and a review of the (7396). BILLING CODE 4410–09–P 2,5-Dimethoxy-4- I company’s background and history. ethylamphetamine (7399). Therefore, pursuant to 21 U.S.C. 952(a) 3,4-Methylenedioxyamphetamine I and 958(a), and in accordance with 21 DEPARTMENT OF JUSTICE (7400). CFR 1301.34, the above named company 3,4-Methylenedioxy-N- I is granted registration as an importer of Drug Enforcement Administration ethylamphetamine (7404). the basic classes of controlled 3,4- I substances listed. Importer of Controlled Substances, Methylenedioxymethamphetam- Notice of Registration ine (7405). Dated: September 28, 2011. 4-Methoxyamphetamine (7411) ... I Joseph T. Rannazzisi, By Notice dated June 7, 2011, and Dimethyltryptamine (7435) ...... I Deputy Assistant Administrator, Office of published in the Federal Register on Psilocybin (7437) ...... I Diversion Control, Drug Enforcement June 16, 2011, 76 FR 35239, Boehringer Psilocyn (7438) ...... I Administration. Ingelheim Chemicals, Inc., 2820 N. N-Benzylpiperazine (7493) ...... I [FR Doc. 2011–26044 Filed 10–6–11; 8:45 am] Acetyldihydrocodeine (9051) ...... I Normandy Drive, Petersburg, Virginia Dihydromorphine (9145) ...... I BILLING CODE 4410–09–P 23805, made application by renewal to Heroin (9200) ...... I the Drug Enforcement Administration Normorphine (9313) ...... I (DEA) to be registered as an importer of Pholcodine (9314) ...... I DEPARTMENT OF JUSTICE Phenylacetone (8501), a basic class of Tilidine (9750) ...... I controlled substance listed in schedule Drug Enforcement Administration 3-Methylfentanyl (9813) ...... I II. Amphetamine (1100) ...... II The company plans to import the Methamphetamine (1105) ...... II Importer of Controlled Substances; Notice of Registration listed controlled substance to bulk Methylphenidate (1724) ...... II manufacture amphetamine. Amobarbital (2125) ...... II By Notice dated June 7, 2011, and No comments or objections have been Pentobarbital (2270) ...... II Secobarbital (2315) ...... II published in the Federal Register on received. DEA has considered the Phencyclidine (7471) ...... II June 16, 2011, 76 FR 35241, Noramco factors in 21 U.S.C. 823(a) and 952(a) Phenylacetone (8501) ...... II Inc., 500 Swedes Landing Road, and determined that the registration of Cocaine (9041) ...... II Wilmington, Delaware 19801–4417, Boehringer Ingelheim Chemicals, Inc. to Codeine (9050) ...... II made application by letter to the Drug import the basic class of controlled

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substance is consistent with the public (ODL), 8701 Morrissette Drive, Dated: September 28, 2011. interest and with United States Springfield, Virginia 22152; and must be Joseph T. Rannazzisi, obligations under international treaties, filed no later than December 6, 2011. Deputy Assistant Administrator, Office of conventions, or protocols in effect on Dated: September 28, 2011. Diversion Control, Drug Enforcement Administration. May 1, 1971. DEA has investigated Joseph T. Rannazzisi, Boehringer Ingelheim, Inc. to ensure [FR Doc. 2011–26005 Filed 10–6–11; 8:45 am] Deputy Assistant Administrator, Office of that the company’s registration is Diversion Control, Drug Enforcement BILLING CODE 4410–09–P consistent with the public interest. The Administration. investigation has included inspection [FR Doc. 2011–25990 Filed 10–6–11; 8:45 am] and testing of the company’s physical DEPARTMENT OF JUSTICE security systems, verification of the BILLING CODE 4410–09–P company’s compliance with state and Drug Enforcement Administration local laws, and a review of the DEPARTMENT OF JUSTICE company’s background and history. Manufacturer of Controlled Substances; Notice of Application Therefore, pursuant to 21 U.S.C. 952(a) Drug Enforcement Administration and 958(a), and in accordance with 21 Pursuant to § 1301.33(a), Title 21 of CFR 1301.34, the above named company Manufacturer of Controlled the Code of Federal Regulations (CFR), is granted registration as an importer of Substances; Notice of Application this is notice that on August 9, 2011, the basic class of controlled substance Pursuant to § 1301.33(a), Title 21 of Johnson Matthey, Inc., Custom listed. the Code of Federal Regulations (CFR), Pharmaceuticals Department, 2003 Dated: September 28, 2011. this is notice that on May 4, 2011, Nolte Drive, West Deptford, New Jersey Joseph T. Rannazzisi, Cambrex Charles City, Inc., 1205 11th 08066–1742, made application by letter Deputy Assistant Administrator, Office of Street, Charles City, Iowa 50616, made to the Drug Enforcement Administration Diversion Control, Drug Enforcement application by renewal to the Drug (DEA) to be registered as a bulk Administration. Enforcement Administration (DEA) to manufacturer of Diphenoxylate (9170), a [FR Doc. 2011–26032 Filed 10–6–11; 8:45 am] be registered as a bulk manufacturer of basic class of controlled substance listed BILLING CODE 4410–09–P the following basic classes of controlled in schedule II. substances: The company plans to manufacture the listed controlled substance for sale DEPARTMENT OF JUSTICE Drug Schedule in bulk to its customers for formulation into finished pharmaceuticals. Drug Enforcement Administration Gamma Hydroxybutyric Acid I Any other such applicant, and any (GHB) (2010). person who is presently registered with Manufacturer of Controlled Amphetamine (1100) ...... II DEA to manufacture such substance, Substances; Notice of Application Lisdexamfetamine (1205) ...... II may file comments or objections to the Methylphenidate (1724) ...... II issuance of the proposed registration Pursuant to § 1301.33(a), Title 21 of 4-anilino-N-phenethyl-4-piperidine II the Code of Federal Regulations (CFR), (ANPP) (8333). pursuant to 21 CFR 1301.33(a). this is notice that on July 8, 2011, Phenylacetone (8501) ...... II Any such written comments or National Center for Natural Products Codeine (9050) ...... II objections should be addressed, in Research—NIDA Project, University of Oxycodone (9143) ...... II quintuplicate, to the Drug Enforcement Mississippi, 135 Coy Waller Complex, Hydromorphone (9150) ...... II Administration, Office of Diversion University, Mississippi 38677, made Dextropropoxyphene, bulk II (non- II Control, Federal Register Representative dosage forms) (9273). application by renewal to the Drug (ODL), 8701 Morrissette Drive, Morphine (9300) ...... II Springfield, Virginia 22152; and must be Enforcement Administration (DEA) to Oripavine (9330) ...... II be registered as a bulk manufacturer of Thebaine (9333) ...... II filed no later than December 6, 2011. the following basic classes of controlled Raw Opium (9600) ...... II Dated: September 28, 2011. substances: Oxymorphone (9652) ...... II Joseph T. Rannazzisi, Concentrate of Poppy Straw II Deputy Assistant Administrator, Office of Drug Schedule (9670). Sufentanil (9740) ...... II Diversion Control, Drug Enforcement Administration. Marihuana (7360) ...... I Fentanyl (9801) ...... II Tetrahydrocannabinols (7370) ..... I [FR Doc. 2011–26063 Filed 10–6–11; 8:45 am] The company will manufacture the BILLING CODE 4410–09–P The company plans to cultivate listed controlled substances in bulk for marihuana for the National Institute on sale to its customers. Drug Abuse for research approved by Any other such applicant, and any DEPARTMENT OF JUSTICE the Department of Health and Human person who is presently registered with Drug Enforcement Administration Services. DEA to manufacture such substances, Any other such applicant, and any may file comments or objections to the Manufacturer of Controlled person who is presently registered with issuance of the proposed registration Substances; Notice of Application DEA to manufacture such substances, pursuant to 21 CFR 1301.33(a). may file comments or objections to the Any such written comments or Pursuant to § 1301.33(a), Title 21 of issuance of the proposed registration objections should be addressed, in the Code of Federal Regulations (CFR), pursuant to 21 CFR 1301.33(a). quintuplicate, to the Drug Enforcement this is notice that on July 18, 2011, Any such written comments or Administration, Office of Diversion Cambrex Charles City, Inc., 1205 11th objections should be addressed, in Control, Federal Register Representative Street, Charles City, Iowa 50616, made quintuplicate, to the Drug Enforcement (ODL), 8701 Morrissette Drive, application by letter to the Drug Administration, Office of Diversion Springfield, Virginia 22152; and must be Enforcement Administration (DEA) to Control, Federal Register Representative filed no later than December 6, 2011. be registered as a bulk manufacturer of

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the following basic classes of controlled Drug Schedule quintuplicate, to the Drug Enforcement substances: Administration, Office of Diversion Morphine (9300) ...... II Control, Federal Register Representative Drug Schedule Oripavine (9330) ...... II (ODL), 8701 Morrissette Drive, Thebaine (9333) ...... II Springfield, VA 22152; and must be Opium extracts (9610) ...... II Noroxymorphone (9668) ...... II filed no later than December 6, 2011. Alfentanil (9737) ...... II Opium fluid extract (9620) ...... II Remifentanil (9739) ...... II Opium tincture (9630) ...... II Dated: September 28, 2011. Opium, powdered (9639) ...... II Joseph T. Rannazzisi, The company plans to manufacture Opium, granulated (9640) ...... II Deputy Assistant Administrator, Office of Oxymorphone (9652) ...... II the listed controlled substance Diversion Control, Drug Enforcement Noroxymorphone (9668) ...... II Administration. Noroxymorphone (9668), in bulk for Tapentadol (9780) ...... II sale to its customers. It plans to [FR Doc. 2011–26030 Filed 10–6–11; 8:45 am] manufacture the other two listed The company plans to manufacture BILLING CODE 4410–09–P controlled substances in bulk for dosage the listed controlled substances in bulk form development, clinical trials, and for distribution to its customers. use in stability qualification studies. Any other such applicant, and any DEPARTMENT OF JUSTICE Any other such applicant, and any person who is presently registered with Drug Enforcement Administration person who is presently registered with DEA to manufacture such substances, DEA to manufacture such substances, may file comments or objections to the may file comments or objections to the Manufacturer of Controlled issuance of the proposed registration Substances; Notice of Application issuance of the proposed registration pursuant to 21 CFR 1301.33(a). pursuant to 21 CFR 1301.33(a). Any such written comments or Pursuant to § 1301.33(a), Title 21 of Any such written comments or objections should be addressed, in the Code of Federal Regulations (CFR), objections should be addressed, in quintuplicate, to the Drug Enforcement this is notice that on June 29, 2011, quintuplicate, to the Drug Enforcement Administration, Office of Diversion Cody Laboratories, 601 Yellowstone Administration, Office of Diversion Control, Federal Register Representative Avenue, Cody, Wyoming 82414, made Control, Federal Register Representative (ODL), 8701 Morrissette Drive, application by renewal to the Drug (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be Enforcement Administration (DEA) to Springfield, Virginia 22152; and must be filed no later than December 6, 2011. be registered as a bulk manufacturer of filed no later than December 6, 2011. Dated: September 28, 2011. the following basic classes of controlled Dated: September 27, 2011. Joseph T. Rannazzisi, substances: Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Drug Schedule Deputy Assistant Administrator, Office of Diversion Control. Drug Enforcement Diversion Control, Drug Enforcement Administration. Dihydromorphine (9145) ...... I Administration. [FR Doc. 2011–26055 Filed 10–6–11; 8:45 am] Amphetamine (1100) ...... II [FR Doc. 2011–26057 Filed 10–6–11; 8:45 am] BILLING CODE 4410–09–P Methamphetamine (1105) ...... II BILLING CODE 4410–09–P Amobarbital (2125) ...... II Pentobarbital (2270) ...... II DEPARTMENT OF JUSTICE Secobarbital (2315) ...... II DEPARTMENT OF JUSTICE Phenylacetone (8501) ...... II Drug Enforcement Administration Cocaine (9041) ...... II Drug Enforcement Administration Codeine (9050) ...... II Manufacturer of Controlled Dihydrocodeine (9120) ...... II Manufacturer of Controlled Substances; Notice of Application Oxycodone (9143) ...... II Substances; Notice of Application Hydromorphone (9150) ...... II Pursuant to § 1301.33(a), Title 21 of Diphenoxylate (9170) ...... II Pursuant to § 1301.33(a), Title 21 of the Code of Federal Regulations (CFR), Ecgonine (9180) ...... II the Code of Federal Regulations (CFR), this is notice that on July 28, 2011, GE Hydrocodone (9193) ...... II this is notice that on August 16, 2011, Healthcare, 3350 North Ridge Avenue, Meperidine (9230) ...... II Noramco Inc., 500 Swedes Landing Methadone (9250) ...... II Arlington Heights, Illinois 60004–1412, Morphine (9300) ...... II Road, Wilmington, Delaware 19801– made application by renewal to the Oxymorphone (9652) ...... II 4417, made application by renewal to Drug Enforcement Administration Alfentanil (9737) ...... II the Drug Enforcement Administration (DEA) to be registered as a bulk Remifentanil (9739) ...... II (DEA) to be registered as a bulk manufacturer of Cocaine (9041), a basic Sufentanil (9740) ...... II manufacturer of the following basic class of controlled substance listed in Fentanyl (9801) ...... II classes of controlled substances: schedule II. The company plans to manufacture a The company plans on manufacturing Drug Schedule radioactive product to diagnose the listed controlled substances in bulk Parkinson’s disease; and to manufacture for sale to its customers. Codeine-N-oxide (9053) ...... I a bulk investigational new drug (IND) Any other such applicant, and any Dihydromorphine (9145) ...... I for clinical trials. person who is presently registered with Morphine-N-oxide (9307) ...... I Any other such applicant, and any DEA to manufacture such substances, Amphetamine (1100) ...... II may file comments or objections to the Methylphenidate (1724) ...... II person who is presently registered with Phenylacetone (8501) ...... II DEA to manufacture such a substance, issuance of the proposed registration Codeine (9050) ...... II may file comments or objections to the pursuant to 21 CFR 1301.33(a). Dihydrocodeine (9120) ...... II issuance of the proposed registration Any such written comments or Oxycodone (9143) ...... II pursuant to 21 CFR 1301.33(a). objections should be addressed, in Hydromorphone (9150) ...... II Any such written comments or quintuplicate, to the Drug Enforcement Hydrocodone (9193) ...... II objections should be addressed, in Administration, Office of Diversion

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Control, Federal Register Representative DEPARTMENT OF JUSTICE DEPARTMENT OF LABOR (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be Drug Enforcement Administration Employment and Training filed no later than December 6, 2011. Administration Manufacturer of Controlled Dated: September 28, 2011. Substances, Notice of Registration [TA–W–73,095] Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of By Notice dated June 7, 2011, and Avon Products, Inc., Including On-Site Diversion Control, Drug Enforcement published in the Federal Register on Leased Workers From Spherion/ Administration. June 16, 2011, 76 FR 35242, Penick Source Right, Springdale, Ohio; [FR Doc. 2011–26003 Filed 10–6–11; 8:45 am] Corporation, 33 Industrial Park Road, Amended Certification Regarding BILLING CODE 4410–09–P Pennsville, New Jersey 08070, made Eligibility To Apply for Worker application by renewal to the Drug Adjustment Assistance Enforcement Administration (DEA) to DEPARTMENT OF JUSTICE be registered as a bulk manufacturer of In accordance with Section 223 of the the following basic classes of controlled Trade Act of 1974, as amended (‘‘Act’’), Drug Enforcement Administration substances: 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Manufacturer of Controlled Drug Schedule Apply for Worker Adjustment Substances; Notice of Registration Assistance on April 8, 2010, applicable Cocaine (9041) ...... II to workers of Avon Products, Inc., By Notice dated May 25, 2011, and Codeine (9050) ...... II Springdale, Ohio. The workers produce published in the Federal Register on Dihydrocodeine (9120) ...... II cosmetics, in particular pump spray June 1, 2011, 76 FR 31638, Wildlife Oxycodone (9143) ...... II items, liquid and roll-on items, and Laboratories Inc., 1401 Duff Drive, Suite Hydromorphone (9150) ...... II lipstick and hot fill items. The notice 400, Fort Collins, Colorado 80524, made Diphenoxylate (9170) ...... II was published in the Federal Register application by renewal to the Drug Ecgonine (9180) ...... II on May 5, 2010 (75 FR 24750). Enforcement Administration (DEA) to Hydrocodone (9193) ...... II be registered as a bulk manufacturer of Morphine (9300) ...... II At the request of the petitioners, the Carfentanil (9743), a basic class of Oripavine (9330) ...... II Department reviewed the certification controlled substance listed in schedule Thebaine (9333) ...... II for workers of the subject firm. The II. Oxymorphone (9652) ...... II company reports that workers leased from Spherion/Source Right were The company plans to manufacture employed on-site at the Springdale, The company plans to manufacture the above listed controlled substance for Ohio location of Avon Products. The the listed controlled substances as bulk sale to veterinary pharmacies, zoos, and Department has determined that these controlled substance intermediates for for other animal and wildlife workers were sufficiently under the distribution to its customers. applications. control of Avon Products, Springdale, No comments or objections have been No comments or objections have been Ohio to be considered leased workers. received. DEA has considered the received. DEA has considered the Based on these findings, the factors in 21 U.S.C. 823(a) and factors in 21 U.S.C. 823(a) and Department is amending this determined that the registration of determined that the registration of certification to include workers leased Wildlife Laboratories Inc. to Penick Corporation to manufacture the from Spherion/Source Right working manufacture the listed basic class of listed basic classes of controlled on-site at the Springdale, Ohio location controlled substance is consistent with substances is consistent with the public of Avon Products. the public interest at this time. DEA has interest at this time. DEA has investigated Wildlife Laboratories, Inc. investigated Penick Corporation to The amended notice applicable to to ensure that the company’s ensure that the company’s registration is TA–W–73,095 is hereby issued as registration is consistent with the public consistent with the public interest. The follows: interest. The investigation has included investigation has included inspection ‘‘All workers of Avon Products, Inc., inspection and testing of the company’s and testing of the company’s physical including on-site leased workers from physical security systems, verification security systems, verification of the Spherion/Source Right, Springdale, Ohio, of the company’s compliance with state company’s compliance with state and who became totally or partially separated and local laws, and a review of the local laws, and a review of the from employment on or after December 13, company’s background and history. company’s background and history. 2008, through April 8, 2012, and all workers in the group threatened with total or partial Therefore, pursuant to 21 U.S.C. 823(a), Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, separation from employment on the date of and in accordance with 21 CFR 1301.33, certification through two years from the date the above named company is granted the above named company is granted of certification, are eligible to apply for registration as a bulk manufacturer of registration as a bulk manufacturer of adjustment assistance under Chapter 2 of the basic class of controlled substance the basic classes of controlled Title II of the Trade Act of 1974, as listed. substances listed. amended.’’ Dated: September 29, 2011. Dated: September 28, 2011. Signed at Washington, DC, this 28th day of Joseph T. Rannazzisi, Joseph T. Rannazzisi, September 2011. Deputy Assistant Administrator, Office of Deputy Assistant Administrator, Office of Elliott S. Kushner, Diversion Control, Drug Enforcement Diversion Control, Drug Enforcement Certifying Officer, Office of Trade Adjustment Administration. Administration. Assistance. [FR Doc. 2011–25996 Filed 10–6–11; 8:45 am] [FR Doc. 2011–26031 Filed 10–6–11; 8:45 am] [FR Doc. 2011–26036 Filed 10–6–11; 8:45 am] BILLING CODE 4410–09–P BILLING CODE 4410–09–P BILLING CODE 4510–FN–P

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR articles to a beneficiary country under the Andean Trade Preference Act, Employment and Training Employment and Training African Growth and Opportunity Act, or Administration Administration the Caribbean Basin Economic Recovery Act; or Notice of Determinations Regarding [TA–W–73,095] 3. There has been or is likely to be an Eligibility To Apply for Worker increase in imports of articles that are Avon Products, Inc. Including On-Site Adjustment Assistance and Alternative like or directly competitive with articles Leased Workers From Spherion/ Trade Adjustment Assistance which are or were produced by such Source Right, Springdale, OH; In accordance with Section 223 of the firm or subdivision. Amended Certification Regarding Trade Act of 1974, as amended (19 Also, in order for an affirmative Eligibility To Apply for Worker U.S.C. 2273) the Department of Labor determination to be made for Adjustment Assistance herein presents summaries of secondarily affected workers of a firm determinations regarding eligibility to and a certification issued regarding In accordance with Section 223 of the apply for trade adjustment assistance for eligibility to apply for worker Trade Act of 1974, as amended (‘‘Act’’), workers (TA–W) number and alternative adjustment assistance, each of the group 19 U.S.C. 2273, the Department of Labor trade adjustment assistance (ATAA) by eligibility requirements of Section issued a Certification of Eligibility to (TA–W) number issued during the 222(b) of the Act must be met. (1) Significant number or proportion Apply for Worker Adjustment period of September 19, 2011 through of the workers in the workers’ firm or Assistance on April 8, 2010, applicable September 23, 2011. an appropriate subdivision of the firm to workers of Avon Products, Inc., In order for an affirmative have become totally or partially Springdale, Ohio. The workers produce determination to be made for workers of separated, or are threatened to become cosmetics, in particular pump spray a primary firm and a certification issued totally or partially separated; items, liquid and roll-on items, and regarding eligibility to apply for worker (2) The workers’ firm (or subdivision) lipstick and hot fill items. The notice adjustment assistance, each of the group is a supplier or downstream producer to was published in the Federal Register eligibility requirements of Section a firm (or subdivision) that employed a on May 5, 2010 (75 FR 24750). 222(a) of the Act must be met. group of workers who received a I. Section (a)(2)(A) all of the following At the request of the petitioners, the certification of eligibility to apply for must be satisfied: Department reviewed the certification trade adjustment assistance benefits and A. A significant number or proportion for workers of the subject firm. The such supply or production is related to of the workers in such workers’ firm, or company reports that workers leased the article that was the basis for such an appropriate subdivision of the firm, from Spherion/Source Right were certification; and employed on-site at the Springdale, have become totally or partially (3) Either— Ohio location of Avon Products. The separated, or are threatened to become (A) The workers’ firm is a supplier Department has determined that these totally or partially separated; and the component parts it supplied for workers were sufficiently under the B. The sales or production, or both, of the firm (or subdivision) described in control of Avon Products, Springdale, such firm or subdivision have decreased paragraph (2) accounted for at least 20 Ohio to be considered leased workers. absolutely; and percent of the production or sales of the C. Increased imports of articles like or workers’ firm; or Based on these findings, the directly competitive with articles Department is amending this (B) A loss or business by the workers’ produced by such firm or subdivision firm with the firm (or subdivision) certification to include workers leased have contributed importantly to such from Spherion/Source Right working described in paragraph (2) contributed workers’ separation or threat of importantly to the workers’ separation on-site at the Springdale, Ohio location separation and to the decline in sales or of Avon Products. or threat of separation. production of such firm or subdivision; In order for the Division of Trade The amended notice applicable to or Adjustment Assistance to issue a TA–W–73,095 is hereby issued as II. Section (a)(2)(B) both of the certification of eligibility to apply for follows: following must be satisfied: Alternative Trade Adjustment All workers of Avon Products, Inc., A. A significant number or proportion Assistance (ATAA) for older workers, including on-site leased workers from of the workers in such workers’ firm, or the group eligibility requirements of Spherion/Source Right, Springdale, Ohio, an appropriate subdivision of the firm, Section 246(a)(3)(A)(ii) of the Trade Act who became totally or partially separated have become totally or partially must be met. from employment on or after December 13, separated, or are threatened to become 1. Whether a significant number of 2008, through April 8, 2012, and all workers totally or partially separated; workers in the workers’ firm are 50 in the group threatened with total or partial B. There has been a shift in years of age or older. separation from employment on the date of production by such workers’ firm or 2. Whether the workers in the certification through two years from the date subdivision to a foreign country of workers’ firm possess skills that are not of certification, are eligible to apply for articles like or directly competitive with easily transferable. adjustment assistance under Chapter 2 of articles which are produced by such 3. The competitive conditions within Title II of the Trade Act of 1974, as amended. firm or subdivision; and the workers’ industry (i.e., conditions C. One of the following must be Signed at Washington, DC this 28th day of within the industry are adverse). satisfied: September 2011. 1. The country to which the workers’ Affirmative Determinations for Worker Elliott S. Kushner, firm has shifted production of the Adjustment Assistance Certifying Officer, Office of Trade Adjustment articles is a party to a free trade The following certifications have been Assistance. agreement with the United States; issued. The date following the company [FR Doc. 2011–26011 Filed 10–6–11; 8:45 am] 2. The country to which the workers’ name and location of each BILLING CODE 4510–FN–P firm has shifted production of the determination references the impact

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date for all workers of such (employment decline) have not been Dated: September 30, 2011. determination. met. Del Min Amy Chen, The following certifications have been TA–W–80,325; UTC Corporation, Certifying Officer, Office of Trade Adjustment issued. The requirements of Section Syracuse, NY. Assistance. 222(a)(2)(A) (increased imports) of the The investigation revealed that [FR Doc. 2011–26010 Filed 10–6–11; 8:45 am] Trade Act have been met. criteria (a)(2)(A)(I.C.) (increased BILLING CODE 4510–FN–P TA–W–80,397; Finish Line Hosiery, Inc., imports) and (a)(2)(B)(II.B.) (shift in Fort Payne, AL: July 17, 2011. production to a foreign country) have DEPARTMENT OF LABOR Affirmative Determinations for Worker not been met. Adjustment Assistance and Alternative TA–W–80,209; Med Tec Ambulance Employment and Training Trade Adjustment Assistance Corp., White Pigeon, MI. Administration The following certifications have been TA–W–80,246; Border Apparel, Inc, El issued. The date following the company Paso, TX. Notice of Determinations Regarding name and location of each TA–W–80,354; Avery Dennison, Eligibility to Apply for Worker determination references the impact Greensboro, NC. Adjustment Assistance and Alternative date for all workers of such TA–W–80,408; International Business Trade Adjustment Assistance determination. Machines (IBM), Southbury, CT. The following certifications have been In accordance with Section 223 of the The workers’ firm does not produce issued. The requirements of Section Trade Act of 1974, as amended (19 an article as required for certification 222(a)(2)(A) (increased imports) and U.S.C. 2273) the Department of Labor under Section 222 of the Trade Act of Section 246(a)(3)(A)(ii) of the Trade Act herein presents summaries of have been met. 1974. determinations regarding eligibility to TA–W–80,175; Verizon apply for trade adjustment assistance for TA–W–80,173; Hoquiam Plywood Co., Communications, Tampa, FL. workers (TA–W) number and alternative Inc., Hoquiam, WA: May 9, 2010. trade adjustment assistance (ATAA) by TA–W–80,253; Carestream Health, Inc., TA–W–80,200; Accentia Physicians Services, Lauderhill, FL. (TA–W) number issued during the Windsor, CO: September 12, 2010. period of September 19, 2011 through TA–W–80,253A; Adecco Employment TA–W–80,301; Capgemini America, September 23, 2011. Services, Windsor, CO: June 22, Inc., Lee’s Summit, MO. In order for an affirmative 2010. TA–W–80,305; General Advertising determination to be made for workers of TA–W–80,382; Westwood Aluminum Products, Cincinnati, OH. a primary firm and a certification issued Castings, Inc., Waukesha, WI: TA–W–80,374; Stream Global Services, regarding eligibility to apply for worker August 20, 2010. Inc., Beaverton, OR. The following certifications have been adjustment assistance, each of the group TA–W–80,389; Citicorp Credit Services, eligibility requirements of Section issued. The requirements of Section Inc., (USA)(CCSI), Florence, KY. 222(a)(2)(B) (shift in production) and 222(a) of the Act must be met. TA–W–80,404; Golden Living, Fort I. Section (a)(2)(A) all of the following Section 246(a)(3)(A)(ii) of the Trade Act Smith, AR. have been met. must be satisfied: TA–W–80,423; Allstate Insurance A. A significant number or proportion TA–W–80,417; F&F Metal Products, Inc., Company, Northbrook, IL. of the workers in such workers’ firm, or Greenville, TX: September 6, 2010. Determinations Terminating an appropriate subdivision of the firm, Negative Determinations for Alternative Investigations of Petitions for Worker have become totally or partially Trade Adjustment Assistance Adjustment Assistance separated, or are threatened to become In the following cases, it has been totally or partially separated; After notice of the petitions was B. The sales or production, or both, of determined that the requirements of published in the Federal Register and 246(a)(3)(A)(ii) have not been met for such firm or subdivision have decreased on the Department’s Web site, as absolutely; and the reasons specified. required by Section 221 of the Act (19 The Department has determined that C. Increased imports of articles like or U.S.C. 2271), the Department initiated criterion (1) of Section 246 has not been directly competitive with articles investigations of these petitions. met. The firm does not have a produced by such firm or subdivision significant number of workers 50 years The following determinations have contributed importantly to such of age or older. terminating investigations were issued workers’ separation or threat of because the petitioner has requested TA–W–80,397; Finish Line Hosiery, Inc., separation and to the decline in sales or that the petition be withdrawn. Fort Payne, AL. production of such firm or subdivision; TA–W–80,357; Sykes, Chavies, KY. or Negative Determinations for Worker II. Section (a)(2)(B) both of the Adjustment Assistance and Alternative I hereby certify that the aforementioned determinations were issued during the period following must be satisfied: Trade Adjustment Assistance of September 19, 2011 through September 23, A. A significant number or proportion In the following cases, the 2011. Copies of these determinations may be of the workers in such workers’ firm, or investigation revealed that the eligibility requested under the Freedom of Information an appropriate subdivision of the firm, criteria for worker adjustment assistance Act. Requests may be submitted by fax, have become totally or partially have not been met for the reasons courier services, or mail to FOIA Disclosure separated, or are threatened to become specified. Officer, Office of Trade Adjustment totally or partially separated; Assistance (ETA), U.S. Department of Labor, B. There has been a shift in Because the workers of the firm are 200 Constitution Avenue, NW., Washington, not eligible to apply for TAA, the DC 20210 or [email protected]. These production by such workers’ firm or workers cannot be certified eligible for determinations also are available on the subdivision to a foreign country of ATAA. Department’s Web site at http:// articles like or directly competitive with The investigation revealed that www.doleta.gov/tradeact under the articles which are produced by such criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) searchable listing of determinations. firm or subdivision; and

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C. One of the following must be 3. The competitive conditions within Negative Determinations for Worker satisfied: the workers’ industry (i.e., conditions Adjustment Assistance and Alternative 1. The country to which the workers’ within the industry are adverse). Trade Adjustment Assistance firm has shifted production of the Affirmative Determinations for Worker In the following cases, the articles is a party to a free trade Adjustment Assistance investigation revealed that the eligibility agreement with the United States; criteria for worker adjustment assistance 2. The country to which the workers’ The following certifications have been have not been met for the reasons firm has shifted production of the issued. The date following the company specified. articles to a beneficiary country under name and location of each Because the workers of the firm are the Andean Trade Preference Act, determination references the impact not eligible to apply for TAA, the African Growth and Opportunity Act, or date for all workers of such workers cannot be certified eligible for the Caribbean Basin Economic Recovery determination. ATAA. Act; or The following certifications have been The investigation revealed that 3. There has been or is likely to be an issued. The requirements of Section criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) increase in imports of articles that are 222(a)(2)(A) (increased imports) of the (employment decline) have not been like or directly competitive with articles Trade Act have been met. met. which are or were produced by such TA–W–80,325; UTC Corporation, TA–W–80,397; Finish Line Hosiery, Inc., firm or subdivision. Syracuse, NY. Fort Payne, AL: July 17, 2011. Also, in order for an affirmative The investigation revealed that determination to be made for Affirmative Determinations for Worker criteria (a)(2)(A)(I.C.) (increased secondarily affected workers of a firm Adjustment Assistance and Alternative imports) and (a)(2)(B)(II.B.) (shift in and a certification issued regarding Trade Adjustment Assistance production to a foreign country) have eligibility to apply for worker not been met. adjustment assistance, each of the group The following certifications have been TA–W–80,209; Med Tec Ambulance eligibility requirements of Section issued. The date following the company Corp., White Pigeon, MI. 222(b) of the Act must be met. name and location of each TA–W–80,246; Border Apparel, Inc, El determination references the impact (1) Significant number or proportion Paso, TX. date for all workers of such of the workers in the workers’ firm or TA–W–80,354; Avery Dennison, determination. an appropriate subdivision of the firm Greensboro, NC. have become totally or partially The following certifications have been TA–W–80,408; International Business separated, or are threatened to become issued. The requirements of Section Machines (IBM), Southbury, CT. totally or partially separated; 222(a)(2)(A) (increased imports) and The workers’ firm does not produce (2) The workers’ firm (or subdivision) Section 246(a)(3)(A)(ii) of the Trade Act an article as required for certification is a supplier or downstream producer to have been met. under Section 222 of the Trade Act of a firm (or subdivision) that employed a TA–W–80,173; Hoquiam Plywood Co., 1974. group of workers who received a Inc., Hoquiam, WA: May 9, 2010. TA–W–80,175; Verizon Communications, Tampa, FL. certification of eligibility to apply for TA–W–80,253; Carestream Health, Inc., TA–W–80,200; Accentia Physicians trade adjustment assistance benefits and Windsor, CO: September 12, 2010. such supply or production is related to Services, Lauderhill, FL. the article that was the basis for such TA–W–80,253A; Adecco Employment TA–W–80,301; Capgemini America, certification; and Services, Windsor, CO: June 22, Inc., Lee’s Summit, MO. 2010. (3) Either— TA–W–80,305; General Advertising TA–W–80,382; Westwood Aluminum Products, Cincinnati, OH. (A) The workers’ firm is a supplier TA–W–80,374; Stream Global Services, and the component parts it supplied for Castings, Inc., Waukesha, WI: August 20, 2010. Inc., Beaverton, OR. the firm (or subdivision) described in TA–W–80,389; Citicorp Credit Services, paragraph (2) accounted for at least 20 The following certifications have been Inc., (USA)(CCSI), Florence, KY. percent of the production or sales of the issued. The requirements of Section TA–W–80,404; Golden Living, Fort workers’ firm; or 222(a)(2)(B) (shift in production) and Smith, AR. (B) A loss or business by the workers’ Section 246(a)(3)(A)(ii) of the Trade Act TA–W–80,423; Allstate Insurance firm with the firm (or subdivision) have been met. Company, Northbrook, IL. described in paragraph (2) contributed TA–W–80,417; F&F Metal Products, Inc., Determinations Terminating importantly to the workers’ separation Greenville, TX: September 6, 2010. or threat of separation. Investigations of Petitions for Worker In order for the Division of Trade Negative Determinations for Alternative Adjustment Assistance Adjustment Assistance to issue a Trade Adjustment Assistance After notice of the petitions was certification of eligibility to apply for published in the Federal Register and In the following cases, it has been Alternative Trade Adjustment on the Department’s Web site, as determined that the requirements of Assistance (ATAA) for older workers, required by Section 221 of the Act (19 246(a)(3)(A)(ii) have not been met for the group eligibility requirements of U.S.C. 2271), the Department initiated the reasons specified. Section 246(a)(3)(A)(ii) of the Trade Act investigations of these petitions. must be met. The Department has determined that The following determinations 1. Whether a significant number of criterion (1) of Section 246 has not been terminating investigations were issued workers in the workers’ firm are 50 met. The firm does not have a because the petitioner has requested years of age or older. significant number of workers 50 years that the petition be withdrawn. of age or older. 2. Whether the workers in the TA–W–80,357; Sykes, Chavies, KY. workers’ firm possess skills that are not TA–W–80,397; Finish Line Hosiery, Inc., I hereby certify that the aforementioned easily transferable. Fort Payne, AL. determinations were issued during the period

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of September 19, 2011 through September 23, accrue for this grant training program which the Panel reviews, identifies, 2011. Copies of these determinations may be between the first and second rounds of evaluates, and advises on those program requested under the Freedom of Information grants contained in this Solicitation. activities, systems, procedures, and Act. Requests may be submitted by fax, Such additional funding may be made courier services, or mail to FOIA Disclosure management activities that can Officer, Office of Trade Adjustment available for awards during the second contribute to program risk. Priority is Assistance (ETA), U.S. Department of Labor, round of funding, depending on the given to those programs that involve the 200 Constitution Avenue, NW., Washington, quality of applications received. Grant safety of human flight. DC 20210 or [email protected]. These awards will be made only to the extent determinations also are available on the that funds are available.’’ The agenda will include NASA Department’s Web site at http:// The complete SGA is available in Johnson Space Center safety program www.doleta.gov/tradeact under the detail on ETA’s Web site at http://www. overview, commercial crew update, and searchable listing of determinations. doleta.gov/grants/find_grants.cfm or on updates on NASA responses to ASAP Dated: September 30, 2011. http://www.grants.gov. The Web sites recommendations. The meeting will be Del Min Amy Chen, provide application information, open to the public up to the seating Certifying Officer, Office of Trade Adjustment eligibility requirements, review and capacity of the room. Seating will be on Assistance. selection procedures and other program a first-come basis. Attendees will be [FR Doc. 2011–26035 Filed 10–6–11; 8:45 am] requirements governing this solicitation. required to sign a visitor’s register and BILLING CODE 4510–FN–P DATES: The closing date for receipt of to comply with NASA security applications is November 17, 2011. requirements, including the FOR FURTHER INFORMATION CONTACT: presentation of a valid picture ID, before DEPARTMENT OF LABOR Jeannette Flowers, Division of receiving an access badge. Foreign Workforce System Federal Assistance, Nationals attending the meeting will be Employment and Training 200 Constitution Avenue, NW., Room required to provide the following Administration N–4716, Washington, DC 20210. information no less than 7 working days [Funding Opportunity Number: SGA/DFA Telephone: (202) 693–3322 (this is not prior to the meeting: Full name; gender; PY 10–13] a toll-free number). E-mail: date/place of birth; citizenship; visa/ [email protected]. green card information (number, type, Announcement of Updated Funding expiration date); passport information Availability for H–1B Technical Skills Laura Patton Watson, (number, country, expiration date); Training Grants Grant Officer, Employment and Training Administration. employer/affiliation information (name AGENCY : Employment and Training [FR Doc. 2011–26185 Filed 10–5–11; 4:15 pm] of institution, address, country, Administration, Labor. telephone); and title/position of BILLING CODE 4510–FN–P ACTION: Notice of Additional Funding. attendee. Additional information may be requested. This would also include SUMMARY: On May 3, 2011, the NATIONAL AERONAUTICS AND Legal Permanent Resident information: Employment and Training Green card number and expiration date. Administration (ETA) published a SPACE ADMINISTRATION To expedite admittance, attendees with notice in the Federal Register [Notice (11–088)] U.S. citizenship can provide identifying announcing the availability of $240 information 2 working days in advance. million for the H–1B Technical Skills Aerospace Safety Advisory Panel; Training Grants to be awarded through Meeting Persons with disabilities who require a competitive process in SGA/DFA PY assistance should indicate this. AGENCY: 10–13. Through this notice, ETA National Aeronautics and Photographs will only be permitted clarifies existing language in Section Space Administration (NASA). during the first 10 minutes of the II.A of the Solicitation for Grant ACTION: Notice of meeting. meeting. Application (SGA). SUMMARY: In accordance with the During the first 30 minutes of the SUPPLEMENTARY INFORMATION: Federal Advisory Committee Act, Public meeting, members of the public may Clarification: The Department of Law 92–463, as amended, the National make a 5-minute verbal presentation to Labor is interested in clarifying the Aeronautics and Space Administration the Panel on the subject of safety in amount of grant funding available and announces a forthcoming meeting of the NASA. Any member of the public is encouraging additional applicants to Aerospace Safety Advisory Panel. permitted to file a written statement apply for the H–1B Technical Skills DATES: Friday, October 21, 2011, 12:30 with the Panel at the time of the Training Grants competition that will to 2 p.m. Central Standard Time. meeting. Verbal presentations and close on November 17, 2011. The written comments should be limited to original SGA indicated $240 million in ADDRESSES: NASA Johnson Space Center, NASA Parkway, Building 1, the subject of safety in NASA and grant funds available; however, because should be received 2 working days in of additional H–1B fees collected, ETA Room 966, Houston, TX 77058. advance. It is imperative that the is likely to award additional grants in FOR FURTHER INFORMATION CONTACT: Ms. meeting be held on this date to Round 2 to quality competitive Susan Burch, Aerospace Safety accommodate the scheduling priorities applicants that provide On-the-Job Advisory Panel Administrative Officer, Training (OJT) as the primary or only National Aeronautics and Space of the key participants. To reserve a training strategy to every participant. Administration, Washington, DC 20546, seat, file a written statement, or make a The current estimate of additional funds (202) 358–0550. verbal presentation, please contact Ms. reserved for OJT will be approximately SUPPLEMENTARY INFORMATION: The Susan Burch via e-mail at $100 million. Aerospace Safety Advisory Panel will [email protected]. Relevant SGA Language, Section II.A., hold its Fourth Quarterly Meeting for Award Amount, p. 5 states, ‘‘DOL 2011. This meeting is pursuant to anticipates that additional funding will carrying out its statutory duties for

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Dated: October 3, 2011. Dated: October 3, 2011. funds and ensure that the funds were P. Diane Rausch, P. Diane Rausch, used as intended to benefit the Advisory Committee Management Officer, Advisory Committee Management Officer, institution and community it serves. National Aeronautics and Space National Aeronautics and Space Estimated No. of Respondents/ Administration. Administration. Recordkeepers: 75. [FR Doc. 2011–25911 Filed 10–6–11; 8:45 am] [FR Doc. 2011–26033 Filed 10–6–11; 8:45 am] Estimated Burden Hours per BILLING CODE P BILLING CODE P Response: 4, 8, 16 or 40 hours per response, dependent on application type. NATIONAL AERONAUTICS AND NATIONAL CREDIT UNION Frequency of Response: Reporting, on SPACE ADMINISTRATION ADMINISTRATION occasion and semi-annually. Estimated Total Annual Burden [Notice 11–089] Agency Information Collection Hours: 1,100 hours. Activities: Submission to OMB for Estimated Total Annual Cost: NASA Advisory Council; Science Reinstatement, With Change, of a $38,500. Committee; Planetary Science Previously Approved Collection; Subcommittee; Meeting By the National Credit Union Comment Request Administration Board on October 3, 2011. AGENCY: National Aeronautics and Mary Rupp, AGENCY: National Credit Union Space Administration. Administration (NCUA). Secretary of the Board. ACTION: Notice of meeting. ACTION: Request for comment. [FR Doc. 2011–26064 Filed 10–6–11; 8:45 am] BILLING CODE 7535–01–P SUMMARY: In accordance with the SUMMARY: The NCUA intends to submit Federal Advisory Committee Act, Public the following information collection to Law 92–463, as amended, the National the Office of Management and Budget NATIONAL CREDIT UNION Aeronautics and Space Administration (OMB) for review and clearance under ADMINISTRATION (NASA) announces a meeting of the the Paperwork Reduction Act of 1995 Planetary Science Subcommittee of the (Pub. L. 104–13, 44 U.S.C. chapter 35). Agency Information Collection NASA Advisory Council (NAC). This This information collection is published Activities: Submission to OMB for Subcommittee reports to the Science to obtain comments from the public. Revision to a Currently Approved Committee of the NAC. The meeting Information Collection; Comment DATES: will be held for the purpose of Comments will be accepted until Request soliciting, from the scientific November 7, 2011. community and other persons, scientific ADDRESSES: Interested parties are AGENCY: National Credit Union and technical information relevant to invited to submit written comments to Administration (NCUA). program planning. NCUA Clearance Officer: ACTION: Request for comment. Clearance Officer: Tracy Crews, DATES: Thursday, October 27, 2011, 2 SUMMARY: The NCUA intends to submit p.m. to 4 p.m., Local Time. National Credit Union Administration, 1775 Duke Street, the following information collection to ADDRESSES: This meeting will take place Alexandria, Virginia 22314–3428, Fax the Office of Management and Budget telephonically and by WebEx. Any No. 703–837–2861. E-mail: (OMB) for review and clearance under interested person may call the USA toll [email protected]. the Paperwork Reduction Act of 1995 free conference call number 888–469– OMB Reviewer: Shagufta Ahmed, Office (Pub. L. 104–13, 44 U.S.C. chapter 35). 0977, pass code PSS, to participate in of Management and Budget, Room This information collection is published this meeting by telephone. The WebEx 10226, New Executive Office to obtain comments from the public. link is https://nasa.webex.com/, Building, Washington, DC 20503. DATES: Comments will be accepted until meeting number 995 834 484, and November 7, 2011. password PSS@Oct27. FOR FURTHER INFORMATION CONTACT: Requests for additional information or a ADDRESSES: Interested parties are FOR FURTHER INFORMATION CONTACT: Ms. copy of the information collection invited to submit written comments to Marian Norris, Science Mission request, should be directed to Tracy NCUA Contact or OMB Reviewer listed Directorate, NASA Headquarters, Crews at the National Credit Union below: Washington, DC 20546, (202) 358–4452, Administration, 1775 Duke Street, NCUA Contact: Tracy Sumpter, fax (202) 358–4118, or Alexandria, VA 22314–3428, or at (703) National Credit Union [email protected]. 518–6444. Administration, 1775 Duke Street, SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: Proposal Alexandria, Virginia 22314–3428, Fax agenda for the meeting includes the for the following collection of No. 703–837–2861. E-mail: following topics: information: [email protected]. —Status of Fiscal Year 2012 Budget and OMB Number: 3133–0138. OMB Reviewer: Shagufta Ahmed, Office Impacts. Type of Review: Reinstatement, with of Management and Budget, Room —Status of the Potential Joint Program/ change, of a previously approved 10226, New Executive Office Missions with the European Space collection. Building, Washington, DC 20503. Agency. Title: Community Development FOR FURTHER INFORMATION CONTACT: —Update on the NASA Response to the Revolving Loan Fund—Loan Program. Requests for additional information or a National Research Council Planetary Description: NCUA requests this copy of the information collection Decadal Survey information from participants in the request should be directed to Tracy It is imperative that the meeting be Community Development Revolving Sumpter at the National Credit Union held on this date to accommodate the Loan Fund (CDRLF) Loan Program. The Administration, 1775 Duke Street, scheduling priorities of the key information will allow NCUA to assess Alexandria, VA 22314–3428, or at (703) participants. a credit union’s capacity to repay the 518–6444.

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SUPPLEMENTARY INFORMATION: Proposal meeting to arrange for a visitor’s badge NUCLEAR REGULATORY for the following collection of and obtain the room number. Call 703– COMMISSION information: 292–7000 to request your badge, which [NRC–2009–0093; Docket No. 50–438] OMB Number: 3133–0004. will be ready for pick-up at the visitor’s Form Number: NCUA 5300. desk on the day of the meeting. All Tennessee Valley Authority (Bellefonte Type of Review: Revision to the visitors must report to the NSF visitor Nuclear Plant, Unit 1) currently approved collection. desk at the 9th and N. Stuart Streets Title: Quarterly Call Report. entrance to receive their visitor’s badge Order Description: The financial and on the day of the teleconference. I. statistical information is essential to Please refer to the National Science NCUA in carrying out its responsibility Board Web site (http://www.nsf.gov/nsb/ The Tennessee Valley Authority for the supervision of federally insured notices/) for information or schedule (TVA, or the applicant) is the current credit unions. The information also updates, or contact: Jennie Moehlmann, holder of Construction Permit (CP) Nos. enables NCUA to monitor all federally National Science Foundation, CPPR–122 and CPPR–123, which were insured credit unions whose share 4201Wilson Blvd., Arlington, VA 22230. issued by the Atomic Energy accounts are insured by the National Telephone: (703) 292–7000. Commission (now the U.S. Nuclear Credit Union Share Insurance Fund Regulatory Commission (NRC)) on Suzanne Plimpton, (NCUSIF). December 24, 1974 (Agencywide Respondents: All Credit Unions. Reports Clearance Officer, National Science Documents Access and Management Foundation. Estimated No. of Respondents/ System (ADAMS) Accession No. Recordkeepers: 7,264. [FR Doc. 2011–26189 Filed 10–5–11; 4:15 pm] ML090680334) for construction of the Estimated Burden Hours per BILLING CODE 7555–01–P Bellefonte Nuclear Plant (BLN), Units 1 Response: 6.6 hours. and 2, respectively. The CPs for CPPR– Frequency of Response: Quarterly. 122 and CPPR–123 expire on October 1, Estimated Total Annual Burden NUCLEAR REGULATORY 2011, and October 1, 2014, respectively. Hours: 191,770. COMMISSION These facilities, currently in deferred plant status as described in the Estimated Total Annual Cost: [Docket No. 50–443–LR; ASLBP No. 10– $5,628,450. 906–02–LR–BD01] Commission Policy Statement on Deferred Plants, published in the By the National Credit Union Administration Board on October 3, 2011. Atomic Safety and Licensing Board; Federal Register on October 14, 1987 (52 FR 38077), are at the applicant’s site Mary Rupp, Nextera Energy Seabrook, LLC (Seabrook Station, Unit 1); Notice of in Jackson County, AL, located on a Secretary of the Board. Hearing peninsula at Tennessee River Mile 392 [FR Doc. 2011–26060 Filed 10–6–11; 8:45 am] on the west shore of Guntersville BILLING CODE 7535–01–P Before Administrative Judges: Paul S. Reservoir, about 6 miles east-northeast Ryerson, Chairman; Dr. Michael F. of Scottsboro, AL. Kennedy, Dr. Richard E. Wardwell. TVA filed a request on October 8, NATIONAL SCIENCE FOUNDATION This proceeding concerns the 2010 (ADAMS Accession No. application filed by NextEra Energy ML102870233), as supplemented April National Science Board; Sunshine Act Seabrook, LLC to extend its operating 25 and September 1, 2011 (ADAMS Meeting license for Seabrook Station, Unit 1 for Accession Nos. ML11124A170 and an additional twenty years. In a The National Science Board’s ML11249A162, respectively), under February 15, 2011 memorandum and Subcommittee on Facilities, pursuant to Title 10 of the Code of Federal order, the Board ruled that each of the NSF regulations (45 CFR 614), The Regulations (10 CFR) 50.55(b) for the five petitioning organizations (now National Science Foundation Act (42 extension of the latest date for Intervenors) has standing to intervene in U.S.C. 1862n–5), and the Government in completion of construction as stated in this proceeding and admitted four of the the Sunshine Act (5 U.S.C. 552b), CPPR–122 for BLN, Unit 1, to October contentions proffered by the hereby gives notice in regard to the 1, 2020. Intervenors, in whole or in part.1 scheduling of a meeting for the In its letter dated October 8, 2010, Accordingly, the Board will conduct transaction of National Science Board TVA stated that extending the BLN Unit an evidentiary hearing concerning the business and other matters specified, as 1 CP would allow it to either complete admitted contentions, as limited by the follows: construction or continue to preserve and Board’s February 15, 2011 order.2 The maintain BLN Unit 1 in a deferred status DATE AND TIME: Wednesday October 12, specific time, date and location of the as a valuable asset pending a longer 2011 at 2–3 p.m., EDT. evidentiary hearing will be announced term determination of generation needs SUBJECT MATTER: Chairman’s remarks, in a subsequent notice or order. to meet future electrical demand. TVA approval of minutes of prior meetings, It is so ordered. stated that the requested extension discussion of Mid-Scale Instrumentation For the Atomic Safety and Licensing includes a reasonable amount of time to Report. Board. allow for adjustments to the schedule as STATUS: Open. Dated in Rockville, Maryland, on October may become necessary. TVA also This meeting will be held by 3, 2011. informed the NRC that its decision on teleconference originating at the Paul S. Ryerson, the eventual construction and National Science Board Office, National Chairman, Administrative Judge. completion of BLN Unit 1 would be Science Foundation, 4201Wilson Blvd., [FR Doc. 2011–26052 Filed 10–6–11; 8:45 am] pending completion of TVA’s integrated Arlington, VA 22230. A room will be BILLING CODE 7590–01–P resource planning (IRP) process in available for the public and NSF staff to spring 2011. listen-in on this teleconference meeting. 1 LBP–11–02, 73 NRC l ,l (slip op. at 1–2) (Feb. By letter dated August 30, 2010 All visitors must contact the Board 15, 2011). (ADAMS Accession No. ML102440618), Office at least one day prior to the 2 Id. at 63. TVA informed the NRC that it was

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funding for initial engineering, design, For further details on the proposed particularity the interest of the requestor procurement of long lead components, action, see the applicant’s letters dated in the proceeding, and how that interest and regulatory basis development. By October 8, 2010, April 25, 2011, and may be affected by the results of the providing the funding of this work, TVA September 1, 2011, and the NRC staff’s proceeding, taking into consideration would maintain the option for future letter and safety evaluation of the the limited scope of matters that may be power generation at BLN Unit 1. requested extension dated September considered. The request must In the letter dated April 25, 2011, 30, 2011. Documents may be examined, specifically explain: (1) The nature of TVA informed the NRC of the TVA and/or copied for a fee, at the NRC’s the requestor’s right under the Act to be Board of Directors’ decision on April 14, Public Document Room (PDR), located made a party to the proceeding; (2) the 2011, to accept the results of the TVA at One White Flint North, Room O1– nature and extent of the requestor’s IRP. TVA stated that nuclear expansion F21, 11555 Rockville Pike (first floor), property, financial, or other interest in was present in the majority of the Rockville, Maryland 20852. Publicly the proceeding; and (3) the possible electrical generation portfolios available records will be accessible effect of any decision or order which considered in the IRP and that the electronically through ADAMS in the may be entered in the proceeding on the majority of portfolios identified BLN NRC Library at http://www.nrc.gov/ requestor’s interest. The petition must Unit 1 as the potential generation reading-rm/adams.html. Persons who also set forth the specific contentions resource. Thus, the completion and do not have access to ADAMS or who which the requestor seeks to have commercial operation of BLN Unit 1 is encounter problems in accessing the litigated at the proceeding. consistent with and supports the TVA documents located in ADAMS, should Each contention must consist of a IRP’s planning direction to, among other contact the NRC PDR reference staff by specific statement of the issue of law or actions, add nuclear generation capacity telephone at 1–800–397–4209 or 301– fact to be raised or controverted. In in the 2018–2020 timeframe. 415–4737, or by e-mail to addition, the requestor shall provide a brief explanation of the basis for each In the letter dated September 1, 2011, [email protected]. Within 60 days after the date of contention and a concise statement of TVA informed the NRC of its decision issuance of this Order, any person the alleged facts or the expert opinion to complete construction and of the whose interest may be affected may that supports the contention on which eventual commercial operation of BLN request a hearing in accordance with 10 the requestor intends to rely in proving Unit 1. TVA stated that the details and CFR 2.309. The scope of this Order the contention at the hearing. The basis for its decision appear in the extending the construction completion requestor must also provide references record of decision on the ‘‘Final date and any proceeding hereunder is to those specific sources and documents Supplemental Environmental Impact limited to direct challenges to the CP of which the requestor is aware and on Statement, Single Nuclear Unit at the holder’s asserted reasons that show which the requestor intends to rely to Bellefonte Plant Site, Jackson County, good cause justification for the establish those facts or expert opinion. Alabama,’’ as published in the Federal extension. Requests for a hearing must The requestor must provide sufficient Register on August 30, 2011 (76 FR be filed in accordance with the information to show that a genuine 53994). TVA said that the final Commission’s ‘‘Rules of Practice for dispute exists with the CP holder on a supplemental environmental impact Domestic Licensing Proceedings and material issue of law or fact. statement identifies its preferred Issuance of Orders’’ in 10 CFR part 2. Contentions shall be limited to matters alternative as the completion and Interested persons should consult a within the scope of the action under operation of BLN Unit 1. TVA informed current copy of 10 CFR 2.309, which is consideration. The contention must be the NRC that it would resume available at the NRC’s Public Document one that, if proven, would entitle the construction activities associated with Room (PDR), located at One White Flint requestor to relief. A requestor who fails BLN Unit 1, only after the initial loading North, 11555 Rockville Pike (first floor), to satisfy these requirements with of fuel at Watts Bar Nuclear Plant, Unit Rockville, Maryland 20852 and is respect to at least one contention will 2. accessible from the NRC’s Agencywide not be permitted to participate as a II. Documents Access and Management party. System (ADAMS) Public Electronic The Commission requests that each The NRC reviewed the request dated Reading Room online in the NRC library contention be given a separate numeric October 8, 2010, and supplemental at http://www.nrc.gov/reading-rm/ or alpha designation within one of the information provided, and finds that adams.html. Persons who do not have following groups: (1) Technical there is reasonable assurance that the access to the Internet or who encounter (primarily related to safety concerns); health and safety of the public will not problems in accessing the documents (2) environmental; or (3) miscellaneous. be endangered by extension of the located in ADAMS should contact the As specified in 10 CFR 2.309, if two construction completion date, and that NRC’s PDR reference staff by telephone or more requestors seek to co-sponsor a the requested period of time is at 1–800–397–4209, or 301–415–4737, contention or propose substantially the reasonable. In addition, good cause or by e-mail at [email protected]. If same contention, the requestors will be exists for extending the completion date a request for a hearing is filed within the required to jointly designate a to October 1, 2020. 60-day period, the Commission or a representative who shall have the The NRC staff prepared an presiding officer designated by the authority to act for the requestors with environmental assessment and finding Commission or by the Chief respect to that contention. of no significant impact and published Administrative Judge of the Atomic All documents filed in NRC it in the Federal Register on September Safety and Licensing Board Panel will adjudicatory proceedings, including a 19, 2011 (76 FR 58050). Under 10 CFR rule on the request; and the Secretary or request for hearing, any motion or other 51.32, ‘‘Finding of No Significant the Chief Administrative Judge of the document filed in the proceeding prior Impact,’’ the Commission has Atomic Safety and Licensing Board to the submission of a request for determined that extending the Panel will issue a notice of a hearing or hearing, and documents filed by construction completion date will have an appropriate order. interested Governmental entities no significant impact on the As required by 10 CFR 2.309, a participating under 10 CFR 2.315(c), environment. request for hearing shall set forth with must be filed in accordance with the

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NRC E-Filing rule (72 FR 49139, August Once a participant has obtained a filing a document in this manner are 28, 2007). The E-Filing process requires digital identification certificate and a responsible for serving the document on participants to submit and serve all docket has been created, the participant all other participants. The NRC adjudicatory documents over the can then submit a request for hearing. considers a filing complete by first-class Internet, or in some cases, to mail copies Submissions should be in portable mail as of the time of deposit in the on electronic storage media. Participants document format (pdf) in accordance mail, or by courier, express mail, or may not submit paper copies of their with NRC guidance available on the expedited delivery service upon the filings unless they seek an exemption in NRC public Web site at http:// deposit of the document with the accordance with the procedures www.nrc.gov/site-help/e- provider of the service. A presiding described below. submittals.html. A filing is considered officer, having granted an exemption To comply with the procedural complete at the time the documents are request from using E-Filing, may require requirements associated with E-Filing, submitted through the NRC’s E-Filing a participant or party to use E-Filing if the requestor should contact, at least 10 system. To be timely, an electronic the presiding officer subsequently days prior to the filing deadline, the filing must be submitted to the E-Filing determines that the reason for granting Office of the Secretary by e-mail at system no later than 11:59 p.m. eastern the exemption from use of E-Filing no [email protected], or by time on the due date. Upon receipt of a longer exists. telephone at 301–415–1677, to request transmission, the E-Filing system time- Documents submitted in adjudicatory (1) A digital identification certificate stamps the document and sends the proceedings will appear in NRC’s that allows the participant (or its submitter an e-mail notice confirming electronic hearing docket which is counsel or representative) to digitally receipt of the document. The E-Filing available to the public at http:// sign documents and access the E- system also distributes an e-mail notice ehd1.nrc.gov/EHD/, unless excluded Submittal server for any NRC that provides access to the document to pursuant to an order of the Commission, proceeding in which it is participating; the NRC Office of the General Counsel or the presiding officer. The NRC asks and (2) advise the Secretary that the and any others who have advised the participants not to include personal participant will be submitting a request Office of the Secretary that they wish to privacy information, such as social for hearing (even in instances in which participate in the proceeding, so that the security numbers, home addresses, or the participant, or its counsel or filer need not serve the documents on home phone numbers in their filings, representative, already holds an NRC- those participants separately. Therefore, unless an NRC regulation or other law issued digital identification certificate). the CP holder and other participants (or requires submission of such Based upon this information, the their counsel or representative) must information. The NRC asks participants Secretary will establish an electronic apply for and receive a digital not to include copyrighted materials in docket for the hearing in this proceeding identification certificate before a hearing their submission, except for limited if the Secretary has not already request is filed so that they can obtain excerpts that serve the purpose of the established an electronic docket. access to the document via the E-Filing adjudicatory filings and would Information about applying for a digital system. constitute a Fair Use application. A person filing electronically using identification certificate is available on Copies of the application to extend the agency’s adjudicatory E-Filing NRC’s public Web site at http:// system may seek assistance by the completion date in the CP for BLN www.nrc.gov/site-help/e-submittals/ contacting the NRC Meta System Help Unit 1 are available for public apply-certificates.html. System Desk by clicking on the ‘‘Contact Us’’ inspection at the NRC’s PDR, located at requirements for accessing the E- link located on the NRC Web site at One White Flint North, 11555 Rockville Submittal server are detailed in NRC’s http://www.nrc.gov/site-help/e- Pike (first floor), Room O1–F21, ‘‘Guidance for Electronic Submission,’’ submittals.html, by e-mail at Rockville, Maryland 20852–2738. The which is available on the agency’s [email protected], or by a toll- application may be accessed in ADAMS public Web site at http://www.nrc.gov/ free call at 1–866–672–7640. The NRC through the NRC’s Public Electronic site-help/e-submittals.html. Participants Meta System Help Desk is available Reading Room on the Internet at may attempt to use other software not Monday through Friday between 8 a.m. http://www.nrc.gov/readingrm/ listed on the Web site, but should note and 8 p.m. eastern time, excluding adams.html under ADAMS Accession that the NRC’s E-Filing system does not government holidays. Number ML102870233. support unlisted software, and the NRC Participants who believe that they As stated above, persons who do not Meta System Help Desk will not be able have a good cause for not submitting have access to ADAMS or who to offer assistance in using unlisted documents electronically must file an encounter problems in accessing the software. exemption request, in accordance with documents located in ADAMS may If a participant is electronically 10 CFR 2.302(g), with their initial paper contact the NRC’s Public Document submitting a document to the NRC in filing requesting authorization to Room (PDR) reference staff by telephone accordance with the E-Filing rule, the continue to submit documents in paper at 1–800–397–4209 or 301–415–4737, or participant must file the document format. Such filings must be submitted by e-mail to [email protected]. using the NRC’s online, Web-based by: (1) First class mail addressed to the Attorney for the permit holder: submission form. In order to serve Office of the Secretary of the Maureen H. Dunn, Executive Vice documents through the Electronic Commission, U.S. Nuclear Regulatory President and General Counsel, Information Exchange (EIE), users will Commission, Washington, DC 20555– Tennessee Valley Authority, 400 West be required to install a Web browser 0001, Attention: Rulemaking and Summit Hill Drive, Knoxville, TN plug-in from the NRC Web site. Further Adjudications Staff; or (2) courier, 37902. information on the Web-based express mail, or expedited delivery III. submission form, including the service to the Office of the Secretary, installation of the Web browser plug-in, Sixteenth Floor, One White Flint North, It is hereby ordered that the latest is available on the NRC’s public Web 11555 Rockville Pike, Rockville, construction completion date for CP No. site at http://www.nrc.gov/site-help/e- Maryland 20852, Attention: Rulemaking CPPR–122 is extended to October 1, submittals.html. and Adjudications Staff. Participants 2020.

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Dated at Rockville, Maryland, this 30th day Petitioners would like to further explain by contacting the Commission’s docket of September 2011. their position with supplemental section at [email protected] or via For the Nuclear Regulatory Commission. information or facts, Petitioners may telephone at 202–789–6846. Eric J. Leeds, either file a Participant Statement on The Commission reserves the right to Director, Office of Nuclear Reactor PRC Form 61 or file a brief with the redact personal information which may Regulation. Commission no later than November 2, infringe on an individual’s privacy [FR Doc. 2011–26059 Filed 10–6–11; 8:45 am] 2011. rights from documents filed in this Issues apparently raised. Petitioners BILLING CODE 7590–01–P proceeding. contend that: (1) The Postal Service failed to consider the effect of the Intervention. Persons, other than closing on the community (see 39 U.S.C. Petitioners and respondent, wishing to POSTAL REGULATORY COMMISSION 404(d)(2)(A)(i)); (2) the Postal Service be heard in this matter are directed to [Docket No. A2011–98; Order No. 891] failed to consider whether or not it will file a notice of intervention. See 39 CFR continue to provide a maximum degree 3001.111(b). Notices of intervention in Post Office Closing of effective and regular postal services this case are to be filed on or before to the community (see 39 U.S.C. October 25, 2011. A notice of AGENCY: Postal Regulatory Commission. 404(d)(2)(A)(iii)); and (3) the Postal intervention shall be filed using the ACTION: Notice. Service failed to adequately consider the Internet (Filing Online) at the economic savings resulting from the Commission’s Web site unless a waiver SUMMARY: This document informs the closure (see 39 U.S.C. 404(d)(2)(A)(iv)). is obtained for hardcopy filing. See 39 public that an appeal of the closing of After the Postal Service files the CFR 3001.9(a) and 3001.10(a). the La Grande, Washington post office administrative record and the Further procedures. By statute, the has been filed. It identifies preliminary Commission reviews it, the Commission Commission is required to issue its steps and provides a procedural may find that there are more legal issues decision within 120 days from the date schedule. Publication of this document than those set forth above, or that the it receives the appeal. See 39 U.S.C. will allow the Postal Service, Postal Service’s determination disposes 404(d)(5). A procedural schedule has petitioners, and others to take of one or more of those issues. The been developed to accommodate this appropriate action. deadline for the Postal Service to file the statutory deadline. In the interest of DATES: Administrative record due (from applicable administrative record with expedition, in light of the 120-day Postal Service): October 13, 2011; the Commission is October 13, 2011. decision schedule, the Commission may deadline for notices to intervene: See 39 CFR 3001.113. In addition, the request the Postal Service or other October 25, 2011. See the Procedural due date for any responsive pleading by participants to submit information or Schedule in the SUPPLEMENTARY the Postal Service to this notice is memoranda of law on any appropriate INFORMATION section for other dates of October 13, 2011. issue. As required by the Commission interest. Availability; Web site posting. The rules, if any motions are filed, responses ADDRESSES: Submit comments Commission has posted the appeal and are due 7 days after any such motion is electronically by accessing the ‘‘Filing supporting material on its Web site at filed. See 39 CFR 3001.21. http://www.prc.gov. Additional filings Online’’ link in the banner at the top of It is ordered: the Commission’s Web site (http:// in this case and participants’ submissions also will be posted on the 1. The Postal Service shall file the www.prc.gov) or by directly accessing applicable administrative record the Commission’s Filing Online system Commission’s Web site, if provided in electronic format or amenable to regarding this appeal no later than at https://www.prc.gov/prc-pages/filing- October 13, 2011. online/login.aspx. Commenters who conversion, and not subject to a valid cannot submit their views electronically protective order. Information on how to 2. Any responsive pleading by the should contact the person identified in use the Commission’s Web site is Postal Service to this notice is due no available online or by contacting the the FOR FURTHER INFORMATION CONTACT later than October 13, 2011. section as the source for case-related Commission’s webmaster via telephone 3. The procedural schedule listed information for advice on alternatives to at 202–789–6873 or via electronic mail below is hereby adopted. electronic filing. at [email protected]. The appeal and all related documents 4. Pursuant to 39 U.S.C. 505, Derrick FOR FURTHER INFORMATION CONTACT: are also available for public inspection D. Dennis is designated officer of the Stephen L. Sharfman, General Counsel, in the Commission’s docket section. Commission (Public Representative) to at 202–789–6820 (case-related Docket section hours are 8 a.m. to 4:30 represent the interests of the general information) or [email protected] p.m., eastern time, Monday through public. (electronic filing assistance). Friday, except on Federal government 5. The Secretary shall arrange for SUPPLEMENTARY INFORMATION: Notice is holidays. Docket section personnel may publication of this notice and order in hereby given that, pursuant to 39 U.S.C. be contacted via electronic mail at prc- the Federal Register. 404(d), on September 28, 2011, the [email protected] or via telephone at By the Commission. Commission received a petition for 202–789–6846. Ruth Ann Abrams, review of the Postal Service’s Filing of documents. All filings of Acting Secretary. determination to close the La Grande documents in this case shall be made post office in La Grande, Washington. using the Internet (Filing Online) PROCEDURAL SCHEDULE The petition for review was filed by pursuant to Commission rules 9(a) and 10(a) at the Commission’s Web site, David and Judi Smith (Petitioners) and September 28, 2011 Filing of Appeal. is postmarked September 19, 2011. The http://www.prc.gov, unless a waiver is October 13, 2011 ...... Deadline for the Commission hereby institutes a obtained. See 39 CFR 3001.9(a) and Postal Service to file proceeding under 39 U.S.C. 404(d)(5) 3001.10(a). Instructions for obtaining an the applicable and establishes Docket No. A2011–98 to account to file documents online may be administrative record consider Petitioners’ appeal. If found on the Commission’s Web site or in this appeal.

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PROCEDURAL SCHEDULE—Continued the Commission’s Web site (http:// Commission’s webmaster via telephone www.prc.gov) or by directly accessing at 202–789–6873 or via electronic mail October 13, 2011 ...... Deadline for the the Commission’s Filing Online system at [email protected]. Postal Service to file at https://www.prc.gov/prc-pages/filing- The appeal and all related documents any responsive are also available for public inspection pleading. online/login.aspx. Commenters who October 25, 2011 ...... Deadline for notices cannot submit their views electronically in the Commission’s docket section. to intervene (see 39 should contact the person identified in Docket section hours are 8 a.m. to 4:30 CFR 3001.111(b)). the FOR FURTHER INFORMATION CONTACT p.m., eastern time, Monday through November 2, 2011 .... Deadline for section as the source for case-related Friday, except on Federal government Petitioners’ Form 61 information for advice on alternatives to holidays. Docket section personnel may or initial brief in electronic filing. be contacted via electronic mail at prc- support of petition FOR FURTHER INFORMATION CONTACT: [email protected] or via telephone at (see 39 CFR 202–789–6846. 3001.115(a) and (b)). Stephen L. Sharfman, General Counsel, at 202–789–6820 (case-related Filing of documents. All filings of November 22, 2011 .. Deadline for documents in this case shall be made answering brief in information) or [email protected] support of the Postal (electronic filing assistance). using the Internet (Filing Online) pursuant to Commission rules 9(a) and Service (see 39 CFR SUPPLEMENTARY INFORMATION: Notice is 3001.115(c)). 10(a) at the Commission’s Web site, hereby given that, pursuant to 39 U.S.C. http://www.prc.gov, unless a waiver is December 7, 2011 .... Deadline for reply 404(d), on September 28, 2011, the briefs in response to obtained. See 39 CFR 3001.9(a) and answering briefs (see Commission received a petition for 3001.10(a). Instructions for obtaining an 39 CFR 3001.115(d)). review of the Postal Service’s account to file documents online may be December 14, 2011 .. Deadline for motions determination to close the Oak Hill post found on the Commission’s Web site or by any party office in Oak Hill, Alabama. The by contacting the Commission’s docket requesting oral petition for review was filed by the argument; the section at [email protected] or via Patrons of Oak Hill (Petitioner) and is telephone at 202–789–6846. Commission will postmarked September 19, 2011. The schedule oral The Commission reserves the right to Commission hereby institutes a redact personal information which may argument only when it proceeding under 39 U.S.C. 404(d)(5) is a necessary infringe on an individual’s privacy addition to the written and establishes Docket No. A2011–97 to rights from documents filed in this filings (see 39 CFR consider Petitioner’s appeal. If proceeding. 3001.116). Petitioner would like to further explain Intervention. Persons, other than January 17, 2012 ...... Expiration of the their position with supplemental Petitioner and respondent, wishing to be Commission’s 120- information or facts, Petitioner may heard in this matter are directed to file day decisional either file a Participant Statement on a notice of intervention. See 39 CFR schedule (see 39 PRC Form 61 or file a brief with the U.S.C. 404(d)(5)). 3001.111(b). Notices of intervention in Commission no later than November 2, this case are to be filed on or before 2011. [FR Doc. 2011–25993 Filed 10–6–11; 8:45 am] October 25, 2011. A notice of Issue apparently raised. Petitioner BILLING CODE 7710–FW–P intervention shall be filed using the contends that the Postal Service failed Internet (Filing Online) at the to consider the effect of the closing on Commission’s Web site unless a waiver POSTAL REGULATORY COMMISSION the community. See 39 U.S.C. is obtained for hardcopy filing. See 39 404(d)(2)(A)(i). CFR 3001.9(a) and 3001.10(a). [Docket No. A2011–97; Order No. 890] After the Postal Service files the Further procedures. By statute, the administrative record and the Commission is required to issue its Post Office Closing Commission reviews it, the Commission decision within 120 days from the date AGENCY: Postal Regulatory Commission. may find that there are more legal issues it receives the appeal. See 39 U.S.C. than the one set forth above, or that the ACTION: Notice. 404(d)(5). A procedural schedule has Postal Service’s determination disposes been developed to accommodate this SUMMARY: This document informs the of one or more of those issues. The statutory deadline. In the interest of public that an appeal of the closing of deadline for the Postal Service to file the expedition, in light of the 120-day the Oak Hill, Alabama post office has applicable administrative record with decision schedule, the Commission may been filed. It identifies preliminary the Commission is October 13, 2011. request the Postal Service or other steps and provides a procedural See 39 CFR 3001.113. In addition, the participants to submit information or schedule. Publication of this document due date for any responsive pleading by memoranda of law on any appropriate will allow the Postal Service, the Postal Service to this notice is issue. As required by the Commission petitioners, and others to take October 13, 2011. rules, if any motions are filed, responses appropriate action. Availability; Web site posting. The are due 7 days after any such motion is Commission has posted the appeal and DATES: filed. See 39 CFR 3001.21. Administrative record due (from supporting material on its Web site at Postal Service): October 13, 2011; It is ordered: http://www.prc.gov. Additional filings 1. The Postal Service shall file the deadline for notices to intervene: in this case and participants’ October 25, 2011. See the Procedural applicable administrative record submissions also will be posted on the regarding this appeal no later than Schedule in the SUPPLEMENTARY Commission’s Web site, if provided in October 13, 2011. INFORMATION section for other dates of electronic format or amenable to 2. Any responsive pleading by the interest. conversion, and not subject to a valid Postal Service to this notice is due no ADDRESSES: Submit comments protective order. Information on how to later than October 13, 2011. electronically by accessing the ‘‘Filing use the Commission’s Web site is 3. The procedural schedule listed Online’’ link in the banner at the top of available online or by contacting the below is hereby adopted.

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4. Pursuant to 39 U.S.C. 505, James F. represent the interests of the general By the Commission. Callow is designated officer of the public. Ruth Ann Abrams, Commission (Public Representative) to 5. The Secretary shall arrange for Acting Secretary. publication of this notice and order in the Federal Register.

PROCEDURAL SCHEDULE

September 28, 2011 ...... Filing of Appeal. October 13, 2011 ...... Deadline for the Postal Service to file the applicable administrative record in this appeal. October 13, 2011 ...... Deadline for the Postal Service to file any responsive pleading. October 25, 2011 ...... Deadline for notices to intervene (see 39 CFR 3001.111(b)). November 2, 2011 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). November 22, 2011 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). December 7, 2011 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). December 14, 2011 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). January 17, 2012 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

[FR Doc. 2011–25944 Filed 10–6–11; 8:45 am] 404(d), on September 28, 2011, the Service’s determination (see 39 CFR BILLING CODE 7710–FW–P Commission received a petition for 3001.114). Commission rules allow for review and application for suspension the Postal Service to file an answer to of the Postal Service’s determination to such application within 10 days after POSTAL REGULATORY COMMISSION close the West Leyden post office in the application is filed. The Postal [Docket No. A2011–96; Order No. 889] West Leyden, New York. The petition Service shall file an answer to the for review was filed by the Town of application no later than October 11, Post Office Closing Lewis Board/Village of West Leyden 2011. (Petitioner) and is postmarked Availability; Web site posting. The AGENCY: Postal Regulatory Commission. September 21, 2011. The Commission Commission has posted the appeal and ACTION: Notice. hereby institutes a proceeding under 39 supporting material on its Web site at U.S.C. 404(d)(5) and establishes Docket http://www.prc.gov. Additional filings SUMMARY: This document informs the public that an appeal of the closing of No. A2011–96 to consider Petitioner’s in this case and participants’ the West Leyden, New York post office appeal. If Petitioner would like to submissions also will be posted on the has been filed. It identifies preliminary further explain their position with Commission’s Web site, if provided in steps and provides a procedural supplemental information or facts, electronic format or amenable to schedule. Publication of this document Petitioner may either file a Participant conversion, and not subject to a valid will allow the Postal Service, Statement on PRC Form 61 or file a brief protective order. Information on how to petitioners, and others to take with the Commission no later than use the Commission’s Web site is appropriate action. November 2, 2011. available online or by contacting the Issues apparently raised. Petitioner Commission’s webmaster via telephone DATES: Administrative record due (from contends that: (1) The Postal Service at 202–789–6873 or via electronic mail Postal Service): October 13, 2011; failed to consider the effect of the at [email protected]. deadline for notices to intervene: closing on the community (see 39 U.S.C. The appeal and all related documents October 14, 2011. See the Procedural 404(d)(2)(A)(i)); and (2) the Postal are also available for public inspection Schedule in the SUPPLEMENTARY Service failed to consider whether or in the Commission’s docket section. INFORMATION section for other dates of not it will continue to provide a Docket section hours are 8 a.m. to 4:30 interest. maximum degree of effective and p.m., eastern time, Monday through ADDRESSES: Submit comments regular postal services to the community Friday, except on Federal government electronically by accessing the ‘‘Filing (see 39 U.S.C. 404(d)(2)(A)(iii)). holidays. Docket section personnel may Online’’ link in the banner at the top of After the Postal Service files the be contacted via electronic mail at prc- the Commission’s Web site (http:// administrative record and the [email protected] or via telephone at www.prc.gov) or by directly accessing Commission reviews it, the Commission 202–789–6846. the Commission’s Filing Online system may find that there are more legal issues Filing of documents. All filings of at https://www.prc.gov/prc-pages/filing- than those set forth above, or that the documents in this case shall be made online/login.aspx. Commenters who Postal Service’s determination disposes using the Internet (Filing Online) cannot submit their views electronically of one or more of those issues. The pursuant to Commission rules 9(a) and should contact the person identified in deadline for the Postal Service to file the 10(a) at the Commission’s Web site, the FOR FURTHER INFORMATION CONTACT applicable administrative record with http://www.prc.gov, unless a waiver is section as the source for case-related the Commission is October 13, 2011. obtained. See 39 CFR 3001.9(a) and information for advice on alternatives to See 39 CFR 3001.113. In addition, the 3001.10(a). Instructions for obtaining an electronic filing. due date for any responsive pleading by account to file documents online may be FOR FURTHER INFORMATION CONTACT: the Postal Service to this notice is found on the Commission’s Web site or Stephen L. Sharfman, General Counsel, October 13, 2011. by contacting the Commission’s docket at 202–789–6820 (case-related Application for Suspension of section at [email protected] or via information) or [email protected] Determination. In addition to their telephone at 202–789–6846. (electronic filing assistance). Petition, the Town of Lewis Board/ The Commission reserves the right to SUPPLEMENTARY INFORMATION: Notice is Village of West Leyden requests an redact personal information which may hereby given that, pursuant to 39 U.S.C. application for suspension of the Postal infringe on an individual’s privacy

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rights from documents filed in this 404(d)(5). A procedural schedule has regarding this appeal no later than proceeding. been developed to accommodate this October 13, 2011. Intervention. Persons, other than statutory deadline. In the interest of 3. Any responsive pleading by the Petitioner and respondent, wishing to be expedition, in light of the 120-day Postal Service to this notice is due no heard in this matter are directed to file decision schedule, the Commission may later than October 13, 2011. a notice of intervention. See 39 CFR request the Postal Service or other 4. The procedural schedule listed 3001.111(b). Notices of intervention in participants to submit information or below is hereby adopted. this case are to be filed on or before memoranda of law on any appropriate 5. Pursuant to 39 U.S.C. 505, Emmett October 25, 2011. A notice of issue. As required by the Commission Rand Costich is designated officer of the intervention shall be filed using the rules, if any motions are filed, responses Commission (Public Representative) to Internet (Filing Online) at the are due 7 days after any such motion is represent the interests of the general Commission’s Web site unless a waiver filed. See 39 CFR 3001.21. public. It is ordered: 6. The Secretary shall arrange for is obtained for hardcopy filing. See 39 1. The Postal Service shall file an CFR 3001.9(a) and 3001.10(a). publication of this notice and order in answer to the application for suspension the Federal Register. Further procedures. By statute, the of the Postal Service’s determination no Commission is required to issue its later than October 11, 2011. By the Commission. decision within 120 days from the date 2. The Postal Service shall file the Ruth Ann Abrams, it receives the appeal. See 39 U.S.C. applicable administrative record Acting Secretary.

PROCEDURAL SCHEDULE

September 28, 2011 ...... Filing of Appeal. October 11, 2011 ...... Deadline for the Postal Service to file an answer responding to an application for suspension. October 13, 2011 ...... Deadline for the Postal Service to file the applicable administrative record in this appeal. October 13, 2011 ...... Deadline for the Postal Service to file any responsive pleading. October 25, 2011 ...... Deadline for notices to intervene (see 39 CFR 3001.111(b)). November 2, 2011 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). November 22, 2011 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). December 7, 2011 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). December 14, 2011 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). January 19, 2012 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

[FR Doc. 2011–25942 Filed 10–6–11; 8:45 am] at https://www.prc.gov/prc-pages/filing- Issue apparently raised. Petitioner BILLING CODE 7710–FW–P online/login.aspx. Commenters who contends that the Postal Service failed cannot submit their views electronically to provide substantial evidence in should contact the person identified in support of the determination. See POSTAL REGULATORY COMMISSION the FOR FURTHER INFORMATION CONTACT 39 U.S.C. 404(d)(5)(c). [Docket No. A2011–95; Order No. 888] section as the source for case-related After the Postal Service files the information for advice on alternatives to administrative record and the Post Office Closing electronic filing. Commission reviews it, the Commission may find that there are more legal issues FOR FURTHER INFORMATION CONTACT: AGENCY: Postal Regulatory Commission. than the one set forth above, or that the Stephen L. Sharfman, General Counsel, ACTION: Notice. Postal Service’s determination disposes at 202–789–6820 (case-related of one or more of those issues. The information) or [email protected] SUMMARY: This document informs the deadline for the Postal Service to file the (electronic filing assistance). public that an appeal of the closing of applicable administrative record with the Carolina, West Virginia post office SUPPLEMENTARY INFORMATION: Notice is the Commission is October 13, 2011. has been filed. It identifies preliminary hereby given that, pursuant to 39 U.S.C. See 39 CFR 3001.113. In addition, the steps and provides a procedural 404(d), on September 28, 2011, the due date for any responsive pleading by schedule. Publication of this document Commission received a petition for the Postal Service to this notice is will allow the Postal Service, review of the Postal Service’s October 13, 2011. petitioners, and others to take determination to close the Carolina post appropriate action. Availability; Web site posting. The office in Carolina, West Virginia. The Commission has posted the appeal and DATES: Administrative record due (from petition for review was filed by Jack supporting material on its Web site at Postal Service): October 13, 2011; Fuller (Petitioner) and is postmarked http://www.prc.gov. Additional filings deadline for notices to intervene: September 21, 2011. The Commission in this case and participants’ October 25, 2011. See the Procedural hereby institutes a proceeding under submissions also will be posted on the Schedule in the SUPPLEMENTARY 39 U.S.C. 404(d)(5) and establishes Commission’s Web site, if provided in INFORMATION section for other dates of Docket No. A2011–95 to consider electronic format or amenable to interest. Petitioner’s appeal. If Petitioner would conversion, and not subject to a valid ADDRESSES: Submit comments like to further explain his position with protective order. Information on how to electronically by accessing the ‘‘Filing supplemental information or facts, use the Commission’s Web site is Online’’ link in the banner at the top of Petitioner may either file a Participant available online or by contacting the the Commission’s Web site (http:// Statement on PRC Form 61 or file a brief Commission’s webmaster via telephone www.prc.gov) or by directly accessing with the Commission no later than at 202–789–6873 or via electronic mail the Commission’s Filing Online system November 2, 2011. at [email protected].

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The appeal and all related documents rights from documents filed in this issue. As required by the Commission are also available for public inspection proceeding. rules, if any motions are filed, responses in the Commission’s docket section. Intervention. Persons, other than are due 7 days after any such motion is Docket section hours are 8 a.m. to Petitioner and respondent, wishing to be filed. See 39 CFR 3001.21. 4:30 p.m., eastern time, Monday through heard in this matter are directed to file It is ordered: Friday, except on Federal government a notice of intervention. See 39 CFR 1. The Postal Service shall file the holidays. Docket section personnel may 3001.111(b). Notices of intervention in applicable administrative record be contacted via electronic mail at prc- this case are to be filed on or before regarding this appeal no later than [email protected] or via telephone at October 25, 2011. A notice of October 13, 2011. 202–789–6846. intervention shall be filed using the 2. Any responsive pleading by the Filing of documents. All filings of Internet (Filing Online) at the Postal Service to this notice is due no documents in this case shall be made Commission’s Web site unless a waiver later than October 13, 2011. using the Internet (Filing Online) is obtained for hardcopy filing. See 3. The procedural schedule listed pursuant to Commission rules 9(a) and 39 CFR 3001.9(a) and 3001.10(a). below is hereby adopted. 10(a) at the Commission’s Web site, Further procedures. By statute, the 4. Pursuant to 39 U.S.C. 505, Kenneth http://www.prc.gov, unless a waiver is Commission is required to issue its E. Richardson is designated officer of obtained. See 39 CFR 3001.9(a) and decision within 120 days from the date the Commission (Public Representative) 3001.10(a). Instructions for obtaining an it receives the appeal. See 39 U.S.C. to represent the interests of the general account to file documents online may be 404(d)(5). A procedural schedule has public. been developed to accommodate this found on the Commission’s Web site or 5. The Secretary shall arrange for statutory deadline. In the interest of by contacting the Commission’s docket publication of this notice and order in expedition, in light of the 120-day section at [email protected] or via the Federal Register. telephone at 202–789–6846. decision schedule, the Commission may The Commission reserves the right to request the Postal Service or other By the Commission. redact personal information which may participants to submit information or Ruth Ann Abrams, infringe on an individual’s privacy memoranda of law on any appropriate Acting Secretary.

PROCEDURAL SCHEDULE

September 28, 2011 ...... Filing of Appeal. October 13, 2011 ...... Deadline for the Postal Service to file the applicable administrative record in this appeal. October 13, 2011 ...... Deadline for the Postal Service to file any responsive pleading. October 25, 2011 ...... Deadline for notices to intervene (see 39 CFR 3001.111(b)). November 2, 2011 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). November 22, 2011 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). December 7, 2011 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). December 14, 2011 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). January 19, 2012 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

[FR Doc. 2011–25941 Filed 10–6–11; 8:45 am] ADDRESSES: Submit comments Auburn Town Council (Petitioners) and BILLING CODE 7710–FW–P electronically by accessing the ‘‘Filing is postmarked September 22, 2011. The Online’’ link in the banner at the top of Commission hereby institutes a the Commission’s Web site (http:// proceeding under 39 U.S.C. 404(d)(5) POSTAL REGULATORY COMMISSION www.prc.gov) or by directly accessing and establishes Docket No. A2011–94 to the Commission’s Filing Online system consider Petitioners’ appeal. If [Docket No. A2011–94; Order No. 887] at https://www.prc.gov/prc-pages/filing- Petitioners would like to further explain online/login.aspx. Commenters who Post Office Closing their position with supplemental cannot submit their views electronically information or facts, Petitioners may AGENCY: Postal Regulatory Commission. should contact the person identified in either file a Participant Statement on ACTION: Notice. the FOR FURTHER INFORMATION CONTACT PRC Form 61 or file a brief with the section as the source for case-related Commission no later than November 2, SUMMARY: This document informs the information for advice on alternatives to 2011. public that an appeal of the closing of electronic filing. Issues apparently raised. Petitioners the Auburn, West Virginia post office FOR FURTHER INFORMATION CONTACT: contend that: (1) The Postal Service has been filed. It identifies preliminary Stephen L. Sharfman, General Counsel, failed to consider the effect of the steps and provides a procedural at 202–789–6820 (case-related closing on the community (see 39 U.S.C. schedule. Publication of this document information) or [email protected] 404(d)(2)(A)(i)); and (2) the Postal will allow the Postal Service, (electronic filing assistance). Service failed to consider whether or petitioners, and others to take SUPPLEMENTARY INFORMATION: Notice is not it will continue to provide a appropriate action. hereby given that, pursuant to 39 U.S.C. maximum degree of effective and DATES: Administrative record due (from 404(d), on September 28, 2011, the regular postal services to the community Postal Service): October 13, 2011; Commission received a petition for (see 39 U.S.C. 404(d)(2)(A)(iii)). deadline for notices to intervene: review of the Postal Service’s After the Postal Service files the October 25, 2011. See the Procedural determination to close the Auburn post administrative record and the Schedule in the SUPPLEMENTARY office in Auburn, West Virginia. The Commission reviews it, the Commission INFORMATION section for other dates of petition for review was filed by Save the may find that there are more legal issues interest. Auburn Post Office Committee and the than those set forth above, or that the

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Postal Service’s determination disposes Filing of documents. All filings of 404(d)(5). A procedural schedule has of one or more of those issues. The documents in this case shall be made been developed to accommodate this deadline for the Postal Service to file the using the Internet (Filing Online) statutory deadline. In the interest of applicable administrative record with pursuant to Commission rules 9(a) and expedition, in light of the 120-day the Commission is October 13, 2011. 10(a) at the Commission’s Web site, decision schedule, the Commission may See 39 CFR 3001.113. In addition, the http://www.prc.gov, unless a waiver is request the Postal Service or other due date for any responsive pleading by obtained. See 39 CFR 3001.9(a) and participants to submit information or the Postal Service to this notice is 3001.10(a). Instructions for obtaining an memoranda of law on any appropriate October 13, 2011. account to file documents online may be issue. As required by the Commission Availability; Web site posting. The found on the Commission’s Web site or rules, if any motions are filed, responses Commission has posted the appeal and by contacting the Commission’s docket are due 7 days after any such motion is supporting material on its Web site at section at [email protected] or via filed. See 39 CFR 3001.21. http://www.prc.gov. Additional filings telephone at 202–789–6846. It is ordered: in this case and participants’ The Commission reserves the right to 1. The Postal Service shall file the submissions also will be posted on the redact personal information which may applicable administrative record Commission’s Web site, if provided in infringe on an individual’s privacy regarding this appeal no later than electronic format or amenable to rights from documents filed in this October 13, 2011. conversion, and not subject to a valid proceeding. 2. Any responsive pleading by the protective order. Information on how to Intervention. Persons, other than Postal Service to this notice is due no use the Commission’s Web site is Petitioners and respondent, wishing to later than October 13, 2011. available online or by contacting the be heard in this matter are directed to 3. The procedural schedule listed Commission’s Web master via telephone file a notice of intervention. See 39 CFR below is hereby adopted. at 202–789–6873 or via electronic mail 3001.111(b). Notices of intervention in 4. Pursuant to 39 U.S.C. 505, James at [email protected]. this case are to be filed on or before Waclawski is designated officer of the The appeal and all related documents October 25, 2011. A notice of Commission (Public Representative) to are also available for public inspection intervention shall be filed using the represent the interests of the general in the Commission’s docket section. Internet (Filing Online) at the public. Docket section hours are 8 a.m. to 4:30 Commission’s Web site unless a waiver 5. The Secretary shall arrange for p.m., Eastern Time, Monday through is obtained for hardcopy filing. See 39 publication of this notice and order in Friday, except on Federal government CFR 3001.9(a) and 3001.10(a). the Federal Register. holidays. Docket section personnel may Further procedures. By statute, the be contacted via electronic mail at prc- Commission is required to issue its By the Commission. [email protected] or via telephone at decision within 120 days from the date Ruth Ann Abrams, 202–789–6846. it receives the appeal. See 39 U.S.C. Acting Secretary.

PROCEDURAL SCHEDULE

September 28, 2011 ...... Filing of Appeal. October 13, 2011 ...... Deadline for the Postal Service to file the applicable administrative record in this appeal. October 13, 2011 ...... Deadline for the Postal Service to file any responsive pleading. October 25, 2011 ...... Deadline for notices to intervene (see 39 CFR 3001.111(b)). November 2, 2011 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). November 22, 2011 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). December 7, 2011 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). December 14, 2011 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). January 20, 2012 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

[FR Doc. 2011–25940 Filed 10–6–11; 8:45 am] petitioners, and others to take the FOR FURTHER INFORMATION CONTACT BILLING CODE 7710–FW–P appropriate action. section as the source for case-related information for advice on alternatives to DATES: Administrative record due (from electronic filing. POSTAL REGULATORY COMMISSION Postal Service): October 12, 2011; deadline for notices to intervene: FOR FURTHER INFORMATION CONTACT: October 25, 2011. See the Procedural Stephen L. Sharfman, General Counsel, at 202–789–6820 (case-related [Docket No. A2011–93; Order No. 886] Schedule in the SUPPLEMENTARY information) or [email protected] Post Office Closing INFORMATION section for other dates of interest. (electronic filing assistance). SUPPLEMENTARY INFORMATION: Notice is AGENCY: Postal Regulatory Commission. ADDRESSES: Submit comments hereby given that, pursuant to 39 U.S.C. ACTION: Notice. electronically by accessing the ‘‘Filing 404(d), on September 27, 2011, the Online’’ link in the banner at the top of Commission received two petitions for SUMMARY: This document informs the the Commission’s Web site (http:// review of the Postal Service’s public that an appeal of the closing of www.prc.gov) or by directly accessing determination to close the Freedom post the Freedom, Wyoming post office has the Commission’s Filing Online system office in Freedom, Wyoming. The first been filed. It identifies preliminary at https://www.prc.gov/prc-pages/filing- petition for review was filed by Gary steps and provides a procedural online/login.aspx. Commenters who Hokanson. The second petition for schedule. Publication of this document cannot submit their views electronically review was filed by Ida and Dee will allow the Postal Service, should contact the person identified in Hokanson. The earliest postmark date is

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September 12, 2011. The Commission conversion, and not subject to a valid Internet (Filing Online) at the hereby institutes a proceeding under 39 protective order. Information on how to Commission’s Web site unless a waiver U.S.C. 404(d)(5) and establishes Docket use the Commission’s Web site is is obtained for hardcopy filing. See 39 No. A2011–93 to consider Petitioners’ available online or by contacting the CFR 3001.9(a) and 3001.10(a). appeal. If Petitioners would like to Commission’s webmaster via telephone Further procedures. By statute, the further explain their position with at 202–789–6873 or via electronic mail Commission is required to issue its supplemental information or facts, at [email protected]. decision within 120 days from the date Petitioners may either file a Participant The appeal and all related documents it receives the appeal. See 39 U.S.C. Statement on PRC Form 61 or file a brief are also available for public inspection 404(d)(5). A procedural schedule has with the Commission no later than in the Commission’s docket section. been developed to accommodate this November 1, 2011. Docket section hours are 8 a.m. to 4:30 statutory deadline. In the interest of Issues apparently raised. Petitioners p.m., eastern time, Monday through expedition, in light of the 120-day contend that: (1) The Postal Service Friday, except on Federal government decision schedule, the Commission may failed to consider the effect of the holidays. Docket section personnel may request the Postal Service or other closing on the community (see 39 U.S.C. be contacted via electronic mail at prc- participants to submit information or 404(d)(2)(A)(i)); and (2) the Postal [email protected] or via telephone at memoranda of law on any appropriate Service failed to consider whether or 202–789–6846. issue. As required by the Commission Filing of documents. All filings of not it will continue to provide a rules, if any motions are filed, responses documents in this case shall be made maximum degree of effective and are due 7 days after any such motion is using the Internet (Filing Online) regular postal services to the community filed. See 39 CFR 3001.21. (see 39 U.S.C. 404(d)(2)(A)(iii)). pursuant to Commission rules 9(a) and After the Postal Service files the 10(a) at the Commission’s Web site, It is ordered: administrative record and the http://www.prc.gov, unless a waiver is 1. The Postal Service shall file the Commission reviews it, the Commission obtained. See 39 CFR 3001.9(a) and applicable administrative record may find that there are more legal issues 3001.10(a). Instructions for obtaining an regarding this appeal no later than than those set forth above, or that the account to file documents online may be October 12, 2011. Postal Service’s determination disposes found on the Commission’s Web site or 2. Any responsive pleading by the of one or more of those issues. The by contacting the Commission’s docket Postal Service to this notice is due no deadline for the Postal Service to file the section at [email protected] or via later than October 12, 2011. applicable administrative record with telephone at 202–789–6846. 3. The procedural schedule listed the Commission is October 12, 2011. The Commission reserves the right to below is hereby adopted. See 39 CFR 3001.113. In addition, the redact personal information which may 4. Pursuant to 39 U.S.C. 505, Malin due date for any responsive pleading by infringe on an individual’s privacy Moench is designated officer of the the Postal Service to this notice is rights from documents filed in this Commission (Public Representative) to October 12, 2011. proceeding. represent the interests of the general Availability; Web site posting. The Intervention. Persons, other than public. Commission has posted the appeal and Petitioners and respondent, wishing to 5. The Secretary shall arrange for supporting material on its Web site at be heard in this matter are directed to publication of this notice and order in http://www.prc.gov. Additional filings file a notice of intervention. See 39 CFR the Federal Register. in this case and participants’ 3001.111(b). Notices of intervention in submissions also will be posted on the this case are to be filed on or before By the Commission. Commission’s Web site, if provided in October 25, 2011. A notice of Ruth Ann Abrams, electronic format or amenable to intervention shall be filed using the Acting Secretary.

PROCEDURAL SCHEDULE

September 27, 2011 ...... Filing of Appeal. October 12, 2011 ...... Deadline for the Postal Service to file the applicable administrative record in this appeal. October 12, 2011 ...... Deadline for the Postal Service to file any responsive pleading. October 25, 2011 ...... Deadline for notices to intervene (see 39 CFR 3001.111(b)). November 1, 2011 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). November 21, 2011 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). December 6, 2011 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). December 13, 2011 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). January 10, 2012 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

[FR Doc. 2011–25939 Filed 10–6–11; 8:45 am] SUMMARY: This document informs the deadline for notices to intervene: BILLING CODE 7710–FW–P public that an appeal of the closing of October 25, 2011. See the Procedural the Mallory, New York post office has Schedule in the SUPPLEMENTARY been filed. It identifies preliminary INFORMATION section for other dates of POSTAL REGULATORY COMMISSION steps and provides a procedural interest. schedule. Publication of this document [Docket No. A2011–100; Order No. 893] ADDRESSES: Submit comments will allow the Postal Service, electronically by accessing the ‘‘Filing petitioners, and others to take Post Office Closing Online’’ link in the banner at the top of appropriate action. AGENCY: Postal Regulatory Commission. the Commission’s Web site (http:// DATES: Administrative record due (from www.prc.gov) or by directly accessing ACTION: Notice. Postal Service): October 13, 2011; the Commission’s Filing Online system

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at https://www.prc.gov/prc-pages/filing- See 39 CFR 3001.113. In addition, the heard in this matter are directed to file online/login.aspx. Commenters who due date for any responsive pleading by a notice of intervention. See 39 CFR cannot submit their views electronically the Postal Service to this notice is 3001.111(b). Notices of intervention in should contact the person identified in October 13, 2011. this case are to be filed on or before the FOR FURTHER INFORMATION CONTACT Availability; Web site posting. The October 25, 2011. A notice of section as the source for case-related Commission has posted the appeal and intervention shall be filed using the information for advice on alternatives to supporting material on its Web site at Internet (Filing Online) at the electronic filing. http://www.prc.gov. Additional filings Commission’s Web site unless a waiver FOR FURTHER INFORMATION CONTACT: in this case and participants’ is obtained for hardcopy filing. See 39 Stephen L. Sharfman, General Counsel, submissions also will be posted on the CFR 3001.9(a) and 3001.10(a). at 202–789–6820 (case-related Commission’s Web site, if provided in Further procedures. By statute, the information) or [email protected] electronic format or amenable to Commission is required to issue its (electronic filing assistance). conversion, and not subject to a valid decision within 120 days from the date protective order. Information on how to SUPPLEMENTARY INFORMATION: it receives the appeal. See 39 U.S.C. Notice is use the Commission’s Web site is hereby given that, pursuant to 39 U.S.C. 404(d)(5). A procedural schedule has available online or by contacting the been developed to accommodate this 404(d), on September 28, 2011, the Commission’s webmaster via telephone Commission received a petition for statutory deadline. In the interest of at 202–789–6873 or via electronic mail expedition, in light of the 120-day review of the Postal Service’s at [email protected]. determination to close the Mallory post decision schedule, the Commission may The appeal and all related documents request the Postal Service or other office in Mallory, New York. The are also available for public inspection participants to submit information or petition for review was filed by Mark in the Commission’s docket section. memoranda of law on any appropriate Burghart (Petitioner) and is postmarked Docket section hours are 8 a.m. to 4:30 issue. As required by the Commission September 17, 2011. The Commission p.m., eastern time, Monday through rules, if any motions are filed, responses hereby institutes a proceeding under 39 Friday, except on Federal government are due 7 days after any such motion is U.S.C. 404(d)(5) and establishes Docket holidays. Docket section personnel may filed. See 39 CFR 3001.21. No. A2011–100 to consider Petitioner’s be contacted via electronic mail at prc- appeal. If Petitioner would like to [email protected] or via telephone at It is ordered: further explain his position with 202–789–6846. 1. The Postal Service shall file the supplemental information or facts, Filing of documents. All filings of applicable administrative record Petitioner may either file a Participant documents in this case shall be made regarding this appeal no later than Statement on PRC Form 61 or file a brief using the Internet (Filing Online) October 13, 2011. with the Commission no later than pursuant to Commission rules 9(a) and 2. Any responsive pleading by the November 2, 2011. 10(a) at the Commission’s Web site, Postal Service to this notice is due no Issue apparently raised. Petitioner http://www.prc.gov, unless a waiver is later than October 13, 2011. contends that the Postal Service failed obtained. See 39 CFR 3001.9(a) and 3. The procedural schedule listed to consider the effect of the closing on 3001.10(a). Instructions for obtaining an below is hereby adopted. the community. See 39 U.S.C. account to file documents online may be 4. Pursuant to 39 U.S.C. 505, Pamela 404(d)(2)(A)(i). found on the Commission’s Web site or A. Thompson is designated officer of the After the Postal Service files the by contacting the Commission’s docket Commission (Public Representative) to administrative record and the section at [email protected] or via represent the interests of the general Commission reviews it, the Commission telephone at 202–789–6846. public. may find that there are more legal issues The Commission reserves the right to 5. The Secretary shall arrange for than the one set forth above, or that the redact personal information which may publication of this notice and order in Postal Service’s determination disposes infringe on an individual’s privacy the Federal Register. of one or more of those issues. The rights from documents filed in this deadline for the Postal Service to file the proceeding. By the Commission. applicable administrative record with Intervention. Persons, other than Ruth Ann Abrams, the Commission is October 13, 2011. Petitioner and respondent, wishing to be Acting Secretary.

PROCEDURAL SCHEDULE

September 28, 2011 ...... Filing of Appeal. October 13, 2011 ...... Deadline for the Postal Service to file the applicable administrative record in this appeal. October 13, 2011 ...... Deadline for the Postal Service to file any responsive pleading. October 25, 2011 ...... Deadline for notices to intervene (see 39 CFR 3001.111(b)). November 2, 2011 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). November 22, 2011 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). December 7, 2011 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). December 14, 2011 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). January 18, 2012 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

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[FR Doc. 2011–25995 Filed 10–6–11; 8:45 am] consider Petitioner’s appeal. If found on the Commission’s Web site or BILLING CODE 7710–FW–P Petitioner would like to further explain by contacting the Commission’s docket his position with supplemental section at [email protected] or via information or facts, Petitioner may telephone at 202–789–6846. POSTAL REGULATORY COMMISSION either file a Participant Statement on The Commission reserves the right to [Docket No. A2011–99; Order No. 892] PRC Form 61 or file a brief with the redact personal information which may Commission no later than November 2, infringe on an individual’s privacy Post Office Closing 2011. rights from documents filed in this Issue apparently raised. Petitioner proceeding. AGENCY: Postal Regulatory Commission. contends that the Postal Service failed Intervention. Persons, other than ACTION: Notice. to consider the effect of the closing on Petitioner and respondent, wishing to be the community. See 39 U.S.C. heard in this matter are directed to file SUMMARY: This document informs the 404(d)(2)(A)(i). public that an appeal of the closing of After the Postal Service files the a notice of intervention. See 39 CFR the Ingleside, Maryland post office has administrative record and the 3001.111(b). Notices of intervention in been filed. It identifies preliminary Commission reviews it, the Commission this case are to be filed on or before steps and provides a procedural may find that there are more legal issues October 25, 2011. A notice of schedule. Publication of this document than the one set forth above, or that the intervention shall be filed using the will allow the Postal Service, Postal Service’s determination disposes Internet (Filing Online) at the petitioners, and others to take of one or more of those issues. The Commission’s Web site unless a waiver appropriate action. deadline for the Postal Service to file the is obtained for hardcopy filing. See 39 DATES: Administrative record due (from applicable administrative record with CFR 3001.9(a) and 3001.10(a). Postal Service): October 13, 2011; the Commission is October 13, 2011. Further procedures. By statute, the deadline for notices to intervene: See 39 CFR 3001.113. In addition, the Commission is required to issue its October 25, 2011. See the Procedural due date for any responsive pleading by decision within 120 days from the date Schedule in the SUPPLEMENTARY the Postal Service to this notice is it receives the appeal. See 39 U.S.C. INFORMATION section for other dates of October 13, 2011. 404(d)(5). A procedural schedule has interest. Availability; Web site posting. The been developed to accommodate this ADDRESSES: Submit comments Commission has posted the appeal and statutory deadline. In the interest of electronically by accessing the ‘‘Filing supporting material on its Web site at expedition, in light of the 120-day Online’’ link in the banner at the top of http://www.prc.gov. Additional filings decision schedule, the Commission may the Commission’s Web site (http:// in this case and participants’ request the Postal Service or other www.prc.gov) or by directly accessing submissions also will be posted on the participants to submit information or the Commission’s Filing Online system Commission’s Web site, if provided in memoranda of law on any appropriate at https://www.prc.gov/prc-pages/filing- electronic format or amenable to issue. As required by the Commission online/login.aspx. Commenters who conversion, and not subject to a valid rules, if any motions are filed, responses protective order. Information on how to cannot submit their views electronically are due 7 days after any such motion is use the Commission’s Web site is should contact the person identified in filed. See 39 CFR 3001.21. available online or by contacting the the FOR FURTHER INFORMATION CONTACT It is ordered: Commission’s webmaster via telephone section as the source for case-related 1. The Postal Service shall file the at 202–789–6873 or via electronic mail information for advice on alternatives to applicable administrative record at [email protected]. electronic filing. The appeal and all related documents regarding this appeal no later than FOR FURTHER INFORMATION CONTACT: are also available for public inspection October 13, 2011. Stephen L. Sharfman, General Counsel, in the Commission’s docket section. 2. Any responsive pleading by the at 202–789–6820 (case-related Docket section hours are 8 a.m. to 4:30 Postal Service to this notice is due no information) or [email protected] p.m., eastern time, Monday through later than October 13, 2011. (electronic filing assistance). Friday, except on Federal government 3. The procedural schedule listed SUPPLEMENTARY INFORMATION: Notice is holidays. Docket section personnel may below is hereby adopted. hereby given that, pursuant to 39 U.S.C. be contacted via electronic mail at prc- 4. Pursuant to 39 U.S.C. 505, Natalie 404(d), on September 28, 2011, the [email protected] or via telephone at Rea Ward is designated officer of the Commission received a petition for 202–789–6846. Commission (Public Representative) to review of the Postal Service’s Filing of documents. All filings of represent the interests of the general determination to close the Ingleside post documents in this case shall be made public. office in Ingleside, Maryland. The using the Internet (Filing Online) 5. The Secretary shall arrange for petition for review was filed by pursuant to Commission rules 9(a) and publication of this notice and order in Christopher Vaught (Petitioner) and is 10(a) at the Commission’s Web site, the Federal Register. postmarked September 15, 2011. The http://www.prc.gov, unless a waiver is Commission hereby institutes a obtained. See 39 CFR 3001.9(a) and By the Commission. proceeding under 39 U.S.C. 404(d)(5) 3001.10(a). Instructions for obtaining an Ruth Ann Abrams, and establishes Docket No. A2011–99 to account to file documents online may be Acting Secretary.

PROCEDURAL SCHEDULE

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PROCEDURAL SCHEDULE—Continued November 2, 2011 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). November 22, 2011 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). December 7, 2011 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). December 14, 2011 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). January 13, 2012 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

[FR Doc. 2011–25994 Filed 10–6–11; 8:45 am] similar questions and to skip questions for lawyers, a certificate of service. BILLING CODE 7710–FW–P that are either repetitive or not germane Hearing requests should state the nature to the topic. Due to time constraints, not of the writer’s interest, the reason for the all questions may be answered. request, and the issues contested. OFFICE OF SCIENCE AND Information about the webinar is Persons who wish to be notified of a TECHNOLOGY POLICY posted at http://www.nano.gov. hearing may request notification by The webinar will feature brief writing to the Secretary, U.S. Securities National Science and Technology comments by NNI agency and Exchange Commission, 100 F Council, Committee on Technology; representatives and by outside experts, Street, NE., Washington, DC 20549– 2011 National Nanotechnology followed by approximately 20 minutes 1090. Initiative Environmental, Health, and to answer audience questions. FOR FURTHER INFORMATION CONTACT: Safety Strategy Webinar FOR FURTHER INFORMATION CONTACT: For information regarding this Notice, Diane L. Titus at (202) 551–6810, SEC, ACTION: Notice of webinar. please contact Liesl Heeter, telephone Division of Investment Management, Office of Investment Company SUMMARY: The National Nanotechnology (703) 292–4533, or Marlowe Epstein, telephone (703) 292–7128, National Regulation, 100 F Street, NE., Coordination Office (NNCO), on behalf Washington, DC 20549–8010. of the Nanoscale Science, Engineering, Nanotechnology Coordination Office. E- and Technology (NSET) Subcommittee mail: [email protected]. Hartford Income Shares Fund Inc. [File No. 811–2281] of the Committee on Technology, Ted Wackler, National Science and Technology Deputy Chief of Staff. Summary: Applicant, a closed-end Council (NSTC), will hold a webinar on [FR Doc. 2011–26048 Filed 10–6–11; 8:45 am] investment company, seeks an order Thursday, October 20, 2011, to provide BILLING CODE P declaring that it has ceased to be an an open forum to answer questions investment company. On October 22, related to the 2011 Federal 2010, applicant transferred its assets to government’s strategy for research on SECURITIES AND EXCHANGE Rivus Bond Fund, based on net asset environmental, health, and safety COMMISSION value. Expenses of approximately aspects of nanomaterials. Nanomaterial $834,811 incurred in connection with Measurement Infrastructure, Human [Release No. IC–29826] the reorganization were paid by Exposure Assessment, Human Health, Notice of Applications for Cutwater Asset Management Corp., the Environment, Risk Assessment and investment adviser for the acquiring Risk Management Methods, and Deregistration Under Section 8(f) of the Investment Company Act of 1940 fund, and Hartford Investment Financial Informatics and Modeling are the six Services, LLC, applicant’s investment environmental, health, and safety September 30, 2011. adviser. research categories identified in the The following is a notice of 2011 NSET Subcommittee document Filing Dates: The application was applications for deregistration under NNI Environmental, Health, and Safety filed on August 10, 2011, and amended section 8(f) of the Investment Company Research Strategy (http:// on September 21, 2011. Act of 1940 for the month of September www.nano.gov). Applicant’s Address: P.O. Box 2999, 2011. A copy of each application may be Hartford, CT 06104–2999. DATES: The webinar will be held on obtained via the Commission’s Web site Thursday, October 20, 2011 from 12 by searching for the file number, or an Columbia Funds Series Trust A [File p.m. until 12:45 p.m. applicant using the Company name box, No. 811–21862] ADDRESSES: For information about the at http://www.sec.gov/search/ Summary: Applicant seeks an order webinar, please see http:// search.htm or by calling (202) 551– declaring that it has ceased to be an www.nano.gov. 8090. An order granting each investment company. On October 28, Submitting Questions: Questions may application will be issued unless the 2010, applicant made a liquidating be submitted beforehand to SEC orders a hearing. Interested persons distribution to its shareholders, based [email protected] beginning at may request a hearing on any on net asset value. Expenses of $69,450 noon (EDT) Wednesday, October 19, application by writing to the SEC’s incurred in connection with the 2011 and will be accepted until the Secretary at the address below and liquidation were paid by Columbia close of the webinar at 12:45 p.m. serving the relevant applicant with a Management Investment Advisers, LLC, Thursday, October 20, 2011. Questions copy of the request, personally or by applicant’s investment adviser. submitted to [email protected] mail. Hearing requests should be will be considered in the order received received by the SEC by 5:30 p.m. on Filing Date: The application was filed during the 20 minute question-and- October 25, 2011, and should be on September 12, 2011. answer segment of the webinar. The accompanied by proof of service on the Applicant’s Address: 225 Franklin St., moderator reserves the right to group applicant, in the form of an affidavit or, Boston, MA 02110.

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Oppenheimer Baring SMA investment company based on MFS Variable Insurance Trust II, International Fund [File No. 811– abandonment of registration. The Massachusetts Investors Trust, 21915] Applicant has no policyholders. Massachusetts Investors Growth Stock Summary: Applicant seeks an order Transamerica Life Insurance Company, Fund, MFS Institutional Trust (each, a declaring that it has ceased to be an as the Applicant’s depositor, has ‘‘Trust’’) and Massachusetts Financial investment company. On February 9, determined that the Applicant should Services Company (‘‘MFS’’). 2011, applicant made a liquidating be deregistered inasmuch as it is not engaged in or intending to engage in any DATES: Filing Dates: The application was distribution to its shareholders, based filed on November 20, 2008, amended on net asset value. Applicant incurred business activities other than those necessary for winding up its affairs. on May 7, 2009, July 22, 2010 and no expenses in connection with the September 16, 2011. liquidation. Filing Date: The application was filed Filing Date: The application was filed on August 26, 2011. HEARING OR NOTIFICATION OF HEARING: An on September 1, 2011. Applicant’s Address: Separate order granting the application will be Applicant’s Address: 6803 S. Tucson Account VA GG, Transamerica Life issued unless the Commission orders a Way, Centennial, CO 80112. Insurance Company, 4333 Edgewood hearing. Interested persons may request Road NE., Cedar Rapids, Iowa 52499– a hearing by writing to the Blankinship Funds Inc. [File No. 811– 0001. 21387] Commission’s Secretary and serving For the Commission, by the Division of applicants with a copy of the request, Summary: Applicant seeks an order Investment Management, pursuant to personally or by mail. Hearing requests declaring that it has ceased to be an delegated authority. should be received by the Commission investment company. On July 21, 2011, Elizabeth M. Murphy, by 5:30 p.m. on October 25, 2011, and applicant made a liquidating Secretary. should be accompanied by proof of distribution to its shareholders, based [FR Doc. 2011–25925 Filed 10–6–11; 8:45 am] service on applicants, in the form of an on net asset value. Applicant incurred BILLING CODE 8011–01–P affidavit or, for lawyers, a certificate of no expenses in connection with the service. Hearing requests should state liquidation. Filing Dates: The application was the nature of the writer’s interest, the SECURITIES AND EXCHANGE reason for the request, and the issues filed on July 22, 2011, and amended on COMMISSION September 2, 2011. contested. Persons who wish to be Applicant’s Address: 1210 S. [Investment Company Act Release No. notified of a hearing may request Huntress Ct., McLean, VA 22102. 29827; File No. 812–13606] notification by writing to the Commission’s Secretary. 650 High Income Fund, Inc. [File No. MFS Series Trust I, et al.; Notice of 811–7359] Application ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F Summary: Applicant, a closed-end September 30, 2011. investment company, seeks an order Street, NE., Washington, DC 20549– AGENCY: Securities and Exchange declaring that it has ceased to be an 1090. Applicants, Massachusetts Commission (‘‘Commission’’). investment company. On March 22, Financial Services Company, 500 2011, applicant made a final liquidating ACTION: Notice of an application for an Boylston Street, Boston, MA 02116. order under (a) section 6(c) of the distribution to its shareholders, based FOR FURTHER INFORMATION CONTACT: Jean on net asset value. Distributions payable Investment Company Act of 1940 (‘‘Act’’) granting an exemption from E. Minarick, Senior Counsel, at (202) to unlocated shareholders are being held 551–6811 or Janet M. Grossnickle, by American Stock Transfer & Trust sections 18(f) and 21(b) of the Act; (b) section 12(d)(1)(J) of the Act granting an Assistant Director, at (202) 551–6821 Company. Any unclaimed funds will (Division of Investment Management, eventually escheat to the various states. exemption from section 12(d)(1) of the Act; (c) sections 6(c) and 17(b) of the Office of Investment Company Expenses of $170,147 incurred in Regulation). connection with the liquidation were Act granting an exemption from sections paid by applicant. Expenses in the 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; SUPPLEMENTARY INFORMATION: The amount of $297,816 have been accrued, and (d) section 17(d) of the Act and rule following is a summary of the but have not yet been paid in full. 17d–1 under the Act to permit certain application. The complete application Applicant has placed $250,000 in cash joint arrangements. may be obtained via the Commission’s in a reserve account to cover an Web site by searching for the file SUMMARY OF THE APPLICATION: insurance policy deductible for its number, or an applicant using the Applicants request an order that would officers and directors, which amount is Company name box, at http:// permit certain registered open-end included in applicant’s accrued but www.sec.gov/search/search.htm or by management investment companies to unpaid expenses. Any amounts participate in a joint lending and calling (202) 551–8090. remaining from the reserve account borrowing facility. would eventually be distributed to Applicants’ Representations applicant’s shareholders. APPLICANTS: MFS Series Trust I, MFS Series Trust II, MFS Series Trust III, 1. Each Trust is organized as a Filing Dates: The application was Massachusetts business trust and is filed on April 28, 2011, and amended on MFS Series Trust IV, MFS Series Trust registered under the Act as an open-end July 1, 2011 and August 29, 2011. V, MFS Series Trust VI, MFS Series management investment company. Each Applicant’s Address: 650 Madison Trust VII, MFS Series Trust VIII, MFS Ave., 19th Floor, New York, NY 10022. Series Trust IX, MFS Series Trust X, Trust may consist of one or more series MFS Series Trust XI, MFS Series Trust and may offer additional series in the Separate Account VA GG [811–22477] XII, MFS Series Trust XIII, MFS Series future (‘‘Funds’’). MFS, a Delaware Summary: The Applicant, a unit Trust XIV, MFS Series Trust XV, MFS corporation, is registered as an investment trust, seeks an order Series Trust XVI, MFS Municipal Series investment adviser under the declaring that it has ceased to be an Trust, MFS Variable Insurance Trust, Investment Advisers Act of 1940, and

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serves as the investment adviser to each on short-term lendings. Although the day would be calculated by the Fund.1 proposed credit facility would reduce ‘‘Interfund Lending Committee’’ (as 2. Some Funds, including money the Funds’ need to borrow from banks, defined below) each day an Interfund market Funds that rely on rule 2a–7 the Funds would be free to establish or Loan is made according to a formula under the Act (‘‘Money Market Funds’’), renew committed lines of credit or other established by each Fund’s board of may lend money to banks or other borrowing arrangements with trustees (‘‘Fund Board’’) intended to entities by entering into repurchase unaffiliated banks. approximate the lowest interest rate at agreements, purchasing other short-term 5. Applicants anticipate that the which bank short-term loans would be instruments, or, in the case of Funds credit facility would provide a available to the Funds. The formula other than the Money Market Funds, borrowing Fund with significant savings would be based upon a publicly investing in the MFS Institutional when the cash position of the Fund is available rate (e.g., Federal funds rates Money Market Fund (‘‘IMMF’’) pursuant insufficient to meet temporary cash and/or Libor), plus an additional spread to rule 12d1–1 under the Act. Other requirements. This situation could arise of basis points and would vary with this Funds may borrow money from the when redemptions exceed anticipated rate so as to reflect changing bank loan same or similar banks for temporary volumes and certain Funds have rates. The initial formula and any purposes to satisfy redemption requests, insufficient cash on hand to satisfy such subsequent modifications to the formula to cover unanticipated cash shortfalls redemptions. When a Fund liquidates would be subject to the approval of each such as a trade ‘‘fail’’ in which cash portfolio securities to meet redemption Fund Board. Each Fund Board would at payment for a security sold by a Fund requests, it often does not receive least annually review the continuing has been delayed, or for other temporary payment in settlement for up to three appropriateness of using the method of purposes. Currently, the Trusts have a days (or longer for certain foreign calculating the Bank Loan Rate, as well committed credit facility provided by a transactions). The credit facility would as the relationship between the Bank syndicate of lenders and uncommitted provide a source of immediate, short- Loan Rate and current bank loan rates lines of credit with two separate banks term liquidity pending settlement of the that would be available to the Funds. (collectively, the ‘‘Loan Agreements’’). sale of portfolio securities. 9. The credit facility would be The Funds also have an overdraft 6. Applicants also propose using the administered by investment facility with their custodians. credit facility when a sale of securities 3. If a Fund were to borrow money ‘‘fails’’ due to circumstances such as a professionals and administrative under a Loan Agreement, the Fund delay in the delivery of cash to a Fund’s personnel from MFS (the ‘‘Interfund would pay interest on the borrowed custodian or improper delivery Lending Committee’’). No portfolio cash at a rate which would be higher instructions by the broker effecting the manager, including research analysts than the rate that would be earned by transaction. Sales fails may present a with portfolio management other (non-borrowing) Funds on cash shortfall if a Fund has undertaken responsibilities, for any Fund will serve investments in repurchase agreements to purchase securities using the as a member of the Interfund Lending and other short-term instruments of the proceeds from the securities sold. As a Committee. Under the proposed credit same maturity as the bank loan. In result, the Fund could fail on its facility, senior members of MFS’ addition, while bank borrowings intended purchase due to lack of funds investment management team and generally can supply needed cash to from the previous sale, resulting in senior administrative and management cover unanticipated redemptions and additional cost to the Fund, or sell a personnel (the ‘‘Investment sales fails, the borrowing Funds incur security on a same-day settlement basis, Management Committee’’) or a portfolio commitment fees and/or other charges earning a lower return on the manager for each participating Fund involved in obtaining a bank loan. investment. Use of the credit facility could provide standing instructions to 4. Applicants request an order that under these circumstances would the Interfund Lending Committee that would permit each Trust to enter into enable the Fund to have access to the participating Fund is authorized to master interfund lending agreements immediate short-term liquidity. participate as a borrower or lender; (‘‘Interfund Lending Agreements’’) that 7. While bank borrowings generally alternatively, the portfolio manager would permit each Fund to lend and can supply needed cash to cover could provide instructions from time to borrow money for temporary purposes unanticipated redemptions and sales time as to when the Fund wishes to directly to and from each other Fund fails, under the proposed credit facility participate as a borrower or a lender. through a credit facility (‘‘Interfund a borrowing Fund would pay lower The Interfund Lending Committee, no Loan’’). Applicants believe that the interest rates than those offered by more frequently than once daily in the proposed credit facility would reduce banks on short-term loans. In addition, morning of each business day that a the Funds’ borrowing costs and enhance Funds making short-term cash loans transaction is requested under the credit their ability to earn higher interest rates directly to other Funds would earn facility pursuant to instructions (an interest at a rate higher than they ‘‘Interfund Lending Day’’), would 1 Applicants request that the relief apply to (a) otherwise could obtain from investing request and collect data on the any Fund, (b) any successor entity to MFS, and (c) their cash in repurchase agreements. uninvested cash and borrowing any other registered open-end management Thus, applicants believe that the requirements of all participating Funds investment company or its series advised by MFS from the Funds’ custodian. Once it has and for which MFS Fund Distributors, Inc. (‘‘MFD’’) proposed credit facility would benefit or a person controlling, controlled by, or under both borrowing and lending Funds. determined the aggregate amount of common control (within the meaning of section 8. The interest rate charged to a Fund cash available for loans and borrowing 2(a)(9) of the Act) with MFD serves as principal on any Interfund Loan (‘‘Interfund Loan demand, the Interfund Lending underwriter (each, also a ‘‘Fund’’). The term Committee would allocate loans among ‘‘successor’’ is limited to entities that result from a Rate’’) would be the average of the reorganization into another jurisdiction or a change ‘‘Repo Rate’’ and the ‘‘Bank Loan Rate,’’ borrowing Funds without any further in the type of business organization. All entities both as defined below. The Repo Rate communication from a Fund’s portfolio that currently intend to rely on the requested relief on any day would be the highest rate managers. Applicants expect there will are named as applicants. Any other existing or typically be more available uninvested future Funds that subsequently rely on the order available to a lending Fund from will comply with the terms and conditions set forth investing in overnight repurchase cash each day than borrowing demand. in the application. agreements. The Bank Loan Rate on any After the Interfund Lending Committee

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has allocated cash for Interfund Loans, objectives, limitations and transactions that unfairly inure to the MFS’ cash desk personnel would invest organizational documents. benefit of such party and that are any remaining cash in accordance with 14. In connection with the credit detrimental to the best interests of the the Funds’ investment policies and facility, applicants request an order investment company and its practices in the ordinary course. under (a) section 6(c) of the Act granting shareholders. Applicants assert that the 10. The Interfund Lending Committee relief from sections 18(f) and 21(b) of proposed credit facility transactions do would allocate borrowing demand and the Act; (b) section 12(d)(1)(J) of the Act not raise these concerns because: (a) cash available for lending among the granting relief from section 12(d)(1) of MFS, through the Interfund Lending Funds on what the Interfund Lending the Act; (c) sections 6(c) and 17(b) of the Committee, would administer the Committee believes to be an equitable Act granting relief from sections program as a fiduciary; (b) all Interfund basis, subject to certain administrative 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; Loans would consist only of uninvested considerations applicable to all and (d) under section 17(d) of the Act cash reserves that the lending Fund participating Funds, such as the time of and rule 17d–1 under the Act to permit otherwise would invest in short-term filing requests to participate, minimum certain joint arrangements. repurchase agreements or other short- loan lot sizes, the need to minimize the Applicants’ Legal Analysis term instruments; (c) the Interfund number of transactions and associated Loans would not involve a greater risk 1. Section 17(a)(3) of the Act generally administrative costs, and the amount of than such other investments; (d) the prohibits any affiliated person, or the existing borrowings outstanding. To lending Fund would receive interest at affiliated person of an affiliated person, reduce transaction costs, each Interfund a rate higher than it could otherwise from borrowing money or other property Loan normally would be allocated in a obtain through such other investments; from a registered investment company. manner intended to minimize the and (e) the borrowing Fund would pay Section 21(b) of the Act generally number of participants necessary to interest at a rate lower than otherwise prohibits any registered management complete the loan transaction. The available to it under its bank loan company from lending money or other method of allocation and related agreements. Moreover, applicants property to any person if that person administrative procedures would be believe that the other terms and controls or is under common control conditions in the application would approved by each Fund Board, with the company. Section 2(a)(3)(C) of including a majority of trustees who are effectively preclude the possibility of the Act defines an ‘‘affiliated person’’ of any Fund obtaining an undue advantage not ‘‘interested persons’’ of the Fund, as another person, in part, to be any person defined in section 2(a)(19) of the Act over any other Fund. directly or indirectly controlling, 4. Section 17(a)(1) of the Act generally (‘‘Independent Fund Board Members’’), controlled by, or under common control to ensure that both borrowing and prohibits any affiliated person of a with, the other person. Applicants state registered investment company, or an lending Funds participate on an that the Funds may be under common equitable basis. affiliated person of an affiliated person, control by virtue of having MFS as their from selling any securities or other 11. The Interfund Lending Committee common investment adviser and/or by property to the company. Section would (a) monitor the Interfund Loan having a common Fund Board and 17(a)(2) of the Act generally prohibits Rates charged and the other terms and officers. any affiliated person of a registered conditions of the Interfund Loans; (b) 2. Section 6(c) of the Act provides that investment company, or any affiliated limit the borrowings and loans entered an exemptive order may be granted person of such a person, from into by each Fund to ensure that they where an exemption is necessary or purchasing securities or other property comply with the Fund’s investment appropriate in the public interest and from the investment company. Section policies and limitations; (c) ensure consistent with the protection of 12(d)(1) of the Act generally makes it equitable treatment of each Fund; and investors and the purposes fairly unlawful for a registered investment (d) directly or through MFS make intended by the policy and provisions of company to purchase or otherwise quarterly reports to each Fund Board the Act. Section 17(b) of the Act acquire any security issued by any other concerning any transactions by the authorizes the Commission to exempt a investment company except in Funds under the credit facility and the proposed transaction from section 17(a) accordance with the limitations set forth Interfund Loan Rate charged. provided that the terms of the in that section. 12. MFS, through the Interfund transaction, including the consideration 5. Applicants state that the obligation Lending Committee, would administer to be paid or received, are fair and of a borrowing Fund to repay an the credit facility as a fiduciary as part reasonable and do not involve Interfund Loan may constitute a security of its duties under the investment overreaching on the part of any person for the purposes of sections 17(a)(1) and management contract with each Fund concerned, and the transaction is 12(d)(1). Applicants also state that any and provide administrative support consistent with the policy of the pledge of assets in connection with an pursuant to the administrative services investment company as recited in its Interfund Loan could be construed as a agreement between each Fund and MFS registration statement and reports filed purchase of the borrowing Fund’s and would receive no additional fee as under the Act and with the general securities or other property for purposes compensation for its services. purposes of the Act. Applicants believe of section 17(a)(2) of the Act. Section 13. No Fund may participate in the that the proposed arrangements satisfy 12(d)(1)(J) of the Act provides that the credit facility unless: (a) The Fund has these standards for the reasons Commission may exempt persons or obtained shareholder approval for its discussed below. transactions from any provision of participation, if such approval is 3. Applicants submit that sections section 12(d)(1) if and to the extent such required by law; (b) the Fund has fully 17(a)(3) and 21(b) of the Act were exemption is consistent with the public disclosed all material information intended to prevent a party with strong interest and the protection of investors. concerning the credit facility in its potential adverse interests to, and some Applicants contend that the standards prospectus and/or statement of influence over the investment decisions under sections 6(c), 17(b), and additional information (‘‘SAI’’); and (c) of, a registered investment company 12(d)(1)(J) are satisfied for all the the Fund’s participation in the credit from causing or inducing the investment reasons set forth above in support of facility is consistent with its investment company to engage in lending their request for relief from sections

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17(a)(3) and 21(b) and for the reasons 9. Section 17(d) of the Act and rule bank loan; (b) will be secured at least on discussed below. Applicants also state 17d–1 under the Act generally prohibit an equal priority basis with at least an that the requested relief from section any affiliated person of a registered equivalent percentage of collateral to 17(a)(2) of the Act meets the standards investment company, or affiliated loan value as any outstanding bank loan of section 6(c) and 17(b) because any person of an affiliated person, when that requires collateral; (c) will have a collateral pledged to secure an Interfund acting as principal, from effecting any maturity no longer than any outstanding Loan would be subject to the same joint transactions in which the company bank loan (and in any event not over conditions imposed by any other lender participates unless the transaction is seven days); and (d) will provide that, to a Fund that imposes conditions on approved by the Commission. Rule if an event of default by the Fund occurs the quality of or access to collateral for 17d–1(b) provides that in passing upon under any agreement evidencing an a borrowing (if the lender is another applications filed under the rule, the outstanding bank loan to the Fund, that Fund) or the same or less restrictive Commission will consider whether the event of default will automatically conditions (in any other circumstance). participation of a registered investment (without need for action or notice by the Any collateral pledged to secure an company in a joint enterprise on the lending Fund) constitute an immediate Interfund Loan will be available solely basis proposed is consistent with the event of default under the Interfund to secure repayment of such Interfund provisions, policies, and purposes of the Lending Agreement entitling the Loan. Act and the extent to which the lending Fund to call the Interfund Loan 6. Applicants state that, among other company’s participation is on a basis (and exercise all rights with respect to things, section 12(d)(1) was intended to different from or less advantageous than any collateral) and that such call will be prevent the pyramiding of investment that of other participants. made if the lending bank exercises its companies in order to avoid imposing 10. Applicants submit that the right to call its loan under its agreement on investors additional and duplicative purpose of section 17(d) is to avoid with the borrowing Fund. costs and fees attendant upon multiple overreaching by and unfair advantage to 4. A Fund may make an unsecured layers of investment companies. investment company insiders. borrowing through the proposed credit Applicants submit that the proposed Applicants believe that the credit facility if its outstanding borrowings credit facility does not involve these facility is consistent with the from all sources immediately after the abuses. Applicants note that there will provisions, policies, and purposes of the interfund borrowing total 10% or less of be no duplicative costs or fees to the Act in that it offers both reduced its total assets, provided that if the Fund Funds or shareholders, and that MFS borrowing costs and enhanced returns has a secured loan outstanding from any will receive no additional compensation on loaned funds to all participating other lender, including but not limited for its services in administering the Funds and their shareholders. to another Fund, the Fund’s interfund credit facility through the Interfund Applicants note that each Fund would borrowing will be secured on at least an Lending Committee. Applicants also have an equal opportunity to borrow equal priority basis with at least an note that the entire purpose of the and lend on equal terms consistent with equivalent percentage of collateral to proposed credit facility is to provide its investment policies and fundamental loan value as any outstanding loan that economic benefits for all of the investment limitations. Applicants requires collateral. If a Fund’s total participating Funds and their therefore believe that each Fund’s outstanding borrowings immediately shareholders. participation in the credit facility will after an interfund borrowing would be 7. Section 18(f)(1) of the Act prohibits be on terms that are no different from greater than 10% of its total assets, the open-end investment companies from or less advantageous than that of other Fund may borrow through the proposed issuing any senior security except that participating Funds. credit facility only on a secured basis. a company is permitted to borrow from A Fund may not borrow through the any bank; provided, that immediately Applicants’ Conditions proposed credit facility or from any after the borrowing, there is asset Applicants agree that any order other source if its total outstanding coverage of at least 300 per centum for granting the requested relief will be borrowings immediately after such all borrowings of the company. Under subject to the following conditions: borrowing would be more than 331⁄3% section 18(g) of the Act, the term ‘‘senior 1. The Interfund Loan Rate will be the of its total assets. security’’ includes any bond, debenture, average of the Repo Rate and the Bank 5. Before any Fund that has note or similar obligation or instrument Loan Rate. outstanding interfund borrowings may, constituting a security and evidencing 2. On each business day that the through additional borrowings, cause its indebtedness. Applicants request relief Interfund Lending Committee considers outstanding borrowings from all sources from section 18(f)(1) to the limited whether to use Interfund Loans, the to exceed 10% of its total assets, the extent necessary to implement the credit Interfund Lending Committee will Fund must first secure each outstanding facility (because the lending Funds are compare the Bank Loan Rate with the Interfund Loan by the pledge of not banks). Repo Rate and will make cash available segregated collateral with a market 8. Applicants believe that granting for Interfund Loans only if the Interfund value at least equal to 102% of the relief under section 6(c) is appropriate Loan Rate is: (a) More favorable to the outstanding principal value of the loan. because the Funds would remain lending Fund than the Repo Rate and, If the total outstanding borrowings of a subject to the requirement of section if applicable, the yield of any money Fund with outstanding Interfund Loans 18(f)(1) that all borrowings of a Fund, market fund approved by the exceed 10% of its total assets for any including combined interfund and bank Investment Management Committee as a other reason (such as a decline in net borrowings, have at least 300% asset money market fund in which the asset value or because of shareholder coverage. Based on the conditions and lending Fund could otherwise invest; redemptions), the Fund will within one safeguards described in the application, and (b) more favorable to the borrowing business day thereafter: (a) Repay all its applicants also submit that to allow the Fund than the Bank Loan Rate. outstanding Interfund Loans; (b) reduce Funds to borrow from other Funds 3. If a Fund has outstanding its outstanding indebtedness to 10% or pursuant to the proposed credit facility borrowings, any Interfund Loans to the less of its total assets; or (c) secure each is consistent with the purposes and Fund: (a) Will be at an interest rate outstanding Interfund Loan by the policies of section 18(f)(1). equal to or lower than any outstanding pledge of segregated collateral with a

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market value at least equal to 102% of amount of cash available for loans and which any transaction by it under the the outstanding principal value of the borrowing demand, the Interfund proposed credit facility occurred, the loan until the Fund’s total outstanding Lending Committee will allocate loans first two years in an easily accessible borrowings cease to exceed 10% of its among borrowing Funds without any place, written records of all such total assets, at which time the collateral further communication from a Fund’s transactions setting forth a description called for by this condition 5 shall no portfolio managers. If there is more of the terms of the transactions, longer be required. Until each Interfund available uninvested cash than including the amount, the maturity and Loan that is outstanding at any time that borrowing demand on any Interfund the Interfund Loan Rate, the rate of a Fund’s total outstanding borrowings Lending Day, any remaining cash will interest available at the time on exceeds 10% is repaid or the Fund’s be invested in accordance with the overnight repurchase agreements and total outstanding borrowings cease to Funds’ investment policies and commercial bank borrowings, and such exceed 10% of its total assets, the Fund practices in the ordinary course. other information presented to the Fund will mark the value of the collateral to 13. The Interfund Lending Committee Board in connection with the review market each day and will pledge such will monitor the Interfund Loan Rates required by conditions 13 and 14. additional collateral as is necessary to charged and the other terms and 17. MFS, through or on behalf of the maintain the market value of the conditions of the Interfund Loans and Interfund Lending Committee, will collateral that secures each outstanding will make a quarterly report to each prepare and submit to the Fund Board Interfund Loan at least equal to 102% of Fund Board concerning the for review an initial report describing the outstanding principal value of the participation of the Funds in the how the proposed credit facility will Interfund Loan. proposed credit facility and the terms operate and the procedures to be 6. No Fund may lend to another Fund and other conditions of any extensions implemented to ensure that all Funds through the proposed credit facility if of credit under the credit facility. are treated fairly. For each calendar the loan would cause its aggregate 14. Each Fund Board, including a quarter after the commencement of the outstanding loans through the proposed majority of the Independent Fund Board credit facility, the Interfund Lending credit facility to exceed 15% of the Members, will: Committee will report on the operations lending Fund’s current net assets at the (a) Review, no less frequently than of the credit facility at the Fund Board’s time of the loan. quarterly, each Fund’s participation in quarterly meetings. 7. A Fund’s Interfund Loans to any the proposed credit facility during the Each Fund’s chief compliance officer one Fund shall not exceed 5% of the preceding quarter for compliance with (‘‘CCO’’), as defined in rule 38a–1(4) lending Fund’s net assets. the conditions of any order permitting under the Act, shall prepare an annual 8. The duration of Interfund Loans such transactions; report for its Fund Board each year that will be limited to no more than the (b) Review at least annually the the Fund participates in the proposed number of days required to receive continuing appropriateness of the credit facility, that evaluates the Fund’s payment for securities sold, up to a method used to calculate the Bank Loan compliance with the terms and maximum of seven days. Loans effected Rate; and conditions of the application and the within seven days of each other will be (c) Review, no less frequently than procedures established to achieve such treated as separate loan transactions for annually, the continuing compliance. Each Fund’s CCO will also purposes of this condition. appropriateness of each Fund’s annually file a certification pursuant to 9. The Fund’s borrowings through the participation in the proposed credit Item 77Q3 of Form N–SAR as such proposed credit facility, as measured on facility. Form may be revised, amended, or the day when the most recent loan was 15. In the event an Interfund Loan is superseded from time to time for each made, will not exceed the greater of not paid according to its terms and such year that the Fund participates in the 125% of the Fund’s total net cash default is not cured within two business proposed credit facility, that certifies redemptions or 102% of sales fails for days from its maturity or from the time that the Fund and MFS have established the preceding seven calendar days. the lending Fund makes a demand for procedures reasonably designed to 10. Each Interfund Loan may be called payment under the provisions of the achieve compliance with the terms and on one business day’s notice by a Interfund Lending Agreement, MFS will conditions of the order. In particular, lending Fund and may be repaid on any promptly refer such loan for arbitration such certification will address day by a borrowing Fund. procedures designed to achieve the 11. A Fund’s participation in the to an independent arbitrator who was selected by each Fund Board involved following objectives: proposed credit facility must be (a) That the Interfund Loan Rate is consistent with its investment objectives in the loan who will serve as arbitrator of disputes concerning Interfund higher than the Repo Rate, but lower and limitations and organizational 2 than the Bank Loan Rate; documents. Loans. The arbitrator will resolve any dispute promptly, and the arbitrator’s (b) Compliance with the collateral 12. The Interfund Lending Committee, requirements as set forth in the on each Interfund Lending Day, will decision will be binding on both Funds. The arbitrator will submit, at least Interfund Loan Borrowing Conditions; calculate total Fund borrowing and (c) Compliance with the percentage annually, a written report to each Fund lending demand through the proposed limitations on interfund borrowing and Board setting forth a description of the credit facility, and allocate loans on an lending; equitable basis among the Funds, nature of any dispute and the actions (d) Allocation of interfund borrowing without the intervention of any portfolio taken by the Funds to resolve the and lending demand in an equitable manager of participating Funds. The dispute. manner and in accordance with Interfund Lending Committee will not 16. Each Fund will maintain and procedures established by the Fund solicit cash for loans from any Fund or preserve for a period of not less than six Board; and prospectively publish or disseminate years from the end of the fiscal year in (e) That the interest rate on any the amount of current borrowing Interfund Loan does not exceed the 2 If the dispute involves Funds with different demand to the Investment Management Fund Boards, the respective Fund Boards will select interest rate on any third-party Committee or portfolio managers of the an independent arbitrator that is satisfactory to each borrowings of a borrowing Fund at the Funds. Once it determines the aggregate Fund. time of the Interfund Loan.

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Additionally, each Fund’s independent unit investment trusts outside of the company. The Trust consists of 86 series auditors, in connection with their audit same group of investment companies as (‘‘Current Funds’’) whose performance examinations of the Fund, will review the series to acquire Shares. The order correspond to the price and yield the operation of the credit facility for would supersede a prior order.1 performance of a specified securities compliance with the Interfund Loan APPLICANTS: Global X Funds (the index (each, an ‘‘Underlying Index’’). Borrowing Conditions and their review ‘‘Trust’’), Global X Management 2. Applicants request that the order will form the basis, in part, of the Company LLC (the ‘‘Adviser’’) and SEI apply to the Current Funds or any future auditor’s report on internal accounting Investments Distribution Company (the series of the Trust or any other open-end controls in Form N–SAR. ‘‘Distributor’’). management investment companies or series thereof advised by the Adviser or 18. No Fund will participate in the DATES: Filing Dates: The application was an entity controlling, controlled by, or proposed credit facility upon receipt of filed on October 4, 2010, and amended under common control with the Adviser requisite regulatory approval unless it on March 11, 2011, July 29, 2011 and that comply with the terms and has fully disclosed in its prospectus September 30, 2011. and/or SAI all material facts about its conditions of the application and whose HEARING OR NOTIFICATION OF HEARING: An intended participation. performance will closely correspond to order granting the application will be the price and yield performance of their For the Commission, by the Division of issued unless the Commission orders a Underlying Index (each such company Investment Management, under delegated hearing. Interested persons may request authority. or series, a ‘‘Future Fund’’ and together a hearing by writing to the with the Current Funds, the ‘‘Funds’’). Elizabeth M. Murphy, Commission’s Secretary and serving 3. The Current Funds are based on Secretary. applicants with a copy of the request, Underlying Indexes comprised solely of [FR Doc. 2011–25926 Filed 10–6–11; 8:45 am] personally or by mail. Hearing requests equity securities. The Future Funds will BILLING CODE 8011–01–P should be received by the Commission invest primarily in equity securities and by 5:30 p.m. on October 27, 2011, and seek investment returns that closely should be accompanied by proof of correspond to the price and yield SECURITIES AND EXCHANGE service on applicants, in the form of an performance of Underlying Indexes COMMISSION affidavit, or for lawyers, a certificate of comprised of equity securities (‘‘Equity [Investment Company Act Release No. service. Hearing requests should state Funds’’), or invest primarily in 29829; File No. 812–13830] the nature of the writer’s interest, the Underlying Indexes comprised of fixed reason for the request, and the issues income securities and seek investment Global X Funds, et al.; Notice of contested. Persons who wish to be returns that closely correspond to the Application notified of a hearing may request price and yield performance of notification by writing to the Underlying Indexes comprised of fixed September 30, 2011. Commission’s Secretary. income indices (‘‘Fixed Income AGENCY: Securities and Exchange ADDRESSES: Secretary, Securities and Funds’’). Certain of the Funds may Commission (‘‘Commission’’). Exchange Commission, 100 F Street, invest in equity securities or fixed ACTION: Notice of an application for an NE., Washington, DC 20549–1090; income securities traded in foreign order to supersede a prior order under Applicants: Global X Funds and Global markets and seek investment results that section 6(c) of the Investment Company X Management Company LLC, 399 Park correspond closely to the price and Act of 1940 (the ‘‘Act’’) for an Avenue, 32nd Floor, New York, NY yield performance of Underlying exemption from sections 2(a)(32), 10022; and SEI Investments Distribution Indexes whose component securities 5(a)(1), 22(d), and 22(e) of the Act and Company, One Freedom Valley Drive, include such securities (‘‘International rule 22c–1 under the Act, under Oaks, PA 19456. Funds’’). The Funds may also invest in sections 6(c) and 17(b) of the Act for an FOR FURTHER INFORMATION CONTACT: a combination of equity, fixed income exemption from sections 17(a)(1) and Laura J. Riegel, Senior Counsel at (202) and U.S. money market securities and/ 17(a)(2) of the Act, and under section 551–6873, or Dalia Osman Blass, Branch or non-U.S. money market securities. 12(d)(1)(J) of the Act for an exemption Chief, at (202) 551–6821 (Division of The Funds may also invest in from sections 12(d)(1)(A) and Investment Management, Office of ‘‘Depositary Receipts.’’ 2 A Fund will 12(d)(1)(B) of the Act. Investment Company Regulation). not invest in any Depositary Receipts that the Adviser or Subadviser deems to SUPPLEMENTARY INFORMATION: The SUMMARY: Summary of Application: be illiquid or for which pricing following is a summary of the Applicants request an order that would information is not readily available. application. The complete application permit (a) series of certain open-end 4. The Adviser is registered as an may be obtained via the Commission’s management investment companies to investment adviser under the Web site by searching for the file issue shares (‘‘Shares’’) redeemable in Investment Advisers Act of 1940 (the number, or an applicant using the large aggregations only (‘‘Creation ‘‘Advisers Act’’). The Adviser or any Company name box, at http:// Units’’); (b) secondary market entity controlling, controlled by or www.sec.gov/search/search.htm or by transactions in Shares to occur at under common control with the Adviser calling (202) 551–8090. negotiated market prices; (c) certain (also included in the term ‘‘Adviser’’) series to pay redemption proceeds, Applicants’ Representations serves or will serve as investment under certain circumstances, more than 1. The Trust, a statutory trust adviser to the Funds, subject to approval seven days after the tender of Creation by the Board of Trustees of the Trust Units for redemption; (d) certain organized under the laws of Delaware, is registered with the Commission as an affiliated persons of the series to deposit 2 Depositary Receipts are typically issued by a securities into, and receive securities open-end management investment financial institution, a ‘‘depositary’’, and evidence from, the series in connection with the ownership in a security or pool of securities that 1 Global X Funds and Global X Management have been deposited with the depositary. No purchase and redemption of Creation Company LLC, Investment Company Act Release affiliated persons of applicants will serve as the Units; and (e) certain registered Nos. 28378 (Sep. 10, 2008) (notice) and 28433 (Oct. depositary bank for any Depositary Receipts held by management investment companies and 3, 2008) (order). a Fund.

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(the ‘‘Board’’). The Adviser and the performance of its Underlying Index accept and deliver Creation Units Trust may hire one or more subadvisers with the same degree of accuracy as entirely for cash (‘‘All-Cash Payment’’), for the Funds (each, a ‘‘Subadviser’’). would a Fund that invests in every if doing so would reduce the Fund’s Any Subadviser will be registered under Component Security of the Underlying transaction costs or enhance the Fund’s the Advisers Act. The Distributor is a Index. Applicants expect that each Fund operating efficiency. broker-dealer registered under the will have a tracking error relative to the 9. An investor acquiring or redeeming Securities Exchange Act of 1934 (the performance of its Underlying Index of a Creation Unit from a Fund will be ‘‘Exchange Act’’) and will act as the no more than 5 percent. charged a fee (‘‘Transaction Fee’’) to principal underwriter and distributor 7. Creation Units are expected to prevent the dilution of the interests of for the Shares. consist of at least 25,000 Shares and to the remaining shareholders resulting 5. Each Fund will consist of a have an initial price in the range of from costs in connection with the portfolio of securities and other $375,000 to $10,000,000. All orders to purchase or redemption of Creation instruments (‘‘Portfolio Securities’’) purchase Creation Units must be placed Units.6 Variations in the Transaction selected to correspond to the price and with the Distributor by or through a Fees may be imposed from time to time yield performance of a specified party that has entered into an agreement in accordance with rule 22d–1 under Underlying Index. No entity that with the Distributor (‘‘Authorized the Act. Transaction Fees will be creates, compiles, sponsors or maintains Participant’’). The Distributor will be limited to amounts that have an Underlying Index (‘‘Index Provider’’) responsible for transmitting the orders determined by the Adviser to be is or will be an affiliated person, as to the Funds. An Authorized Participant appropriate and will take into account defined in section 2(a)(3) of the Act, or must be a participant in the Depository transaction costs associated with the an affiliated person of an affiliated Trust Company (‘‘DTC’’, and such relevant Deposit Securities and Fund person, of the Trust or a Fund, a participant, ‘‘DTC Participant’’). The Securities (as defined below) of the promoter of a Fund, the Adviser, any Distributor also will be responsible for Funds. In all cases, such Transaction Subadviser, or a Distributor. delivering the Fund’s prospectus to Fees will be limited in accordance with 6. The investment objective of each those persons acquiring Shares in requirements of the Commission Fund will be to provide investment Creation Units and for maintaining applicable to management investment results that closely correspond to the records of both the orders placed with companies offering redeemable price and yield performance of its it and the confirmations of acceptance securities. 3 Underlying Index. Each Fund will sell furnished by it. In addition, the 10. Purchasers of Shares in Creation and redeem Creation Units on a Distributor will maintain a record of the Units may hold the Shares or may sell ‘‘Business Day,’’ which is defined as any instructions given to the applicable the Shares into the secondary market. day that a Fund is required to be open Fund to implement the delivery of its Shares will be listed and traded on an Shares. under section 22(e) of the Act. A Fund Exchange.7 It is expected that one or 8. Shares of the Fund generally will will utilize either a replication or more Exchange market makers (‘‘Market representative sampling strategy to track be sold in Creation Units in exchange for an in-kind deposit by the purchaser Makers’’), will be assigned to the Shares its Underlying Index. A Fund using a and maintain a market for Shares replication strategy invests or will of a portfolio of securities (the ‘‘Deposit Securities’’), designated by the Adviser, trading on the Exchange. Prices of invest in substantially all of the Shares trading on an Exchange will be Component Securities in its Underlying together with the deposit or refund of a specified cash payment (‘‘Cash based on the current bid/offer market. Index in the same approximate Shares sold in the secondary market proportions as in the Underlying Index. Component’’ and collectively with the Deposit Securities, ‘‘Fund Deposit’’). will be subject to customary brokerage A Fund using a representative sampling commissions and charges. strategy holds or will hold some, but not The Cash Component is an amount equal to the difference between (a) the 11. Applicants expect that purchasers necessarily all of the Component of Creation Units will include Securities of its Underlying Index.4 net asset value (‘‘NAV’’) per Creation Unit of a Fund and (b) the total institutional investors and arbitrageurs. Applicants state that use of the Market Makers also may purchase representative sampling strategy may aggregate market value per Creation 5 Creation Units for use in market-making prevent a Fund from tracking the Unit of the Deposit Securities. Each Fund may permit a purchaser of activities. Applicants expect that secondary market purchasers of Shares 3 Applicants represent that each Fund will invest Creation Units to substitute cash in lieu at least 80% of its total assets (exclusive of of depositing some or all of the Deposit will include both institutional investors 8 collateral held from securities lending) in the Securities, under certain circumstances. and retail investors. Applicants expect component securities that comprise its Underlying To preserve maximum efficiency and that the price at which Shares trade will Index (‘‘Component Securities’’), in the case of be disciplined by arbitrage International Funds, in Component Securities and flexibility, a Fund reserves the right to Depositary Receipts representing such Component opportunities created by the option to Securities, or in the case of certain Fixed Income 5 On each Business Day, prior to the opening of continually purchase or redeem Funds, in Component Securities and TBAs (as trading on the Exchange, a list of the names and the Creation Units at their NAV, which defined below) representing Component Securities. required number of shares of each Deposit Security should ensure that Shares will not trade Each Fund also may invest up to 20% of its total to be included in the current Fund Deposit (based assets in futures contracts, options on future on the information at the end of the previous contracts, options and swaps, cash, cash Business Day) for each Fund or cash information for 6 Where a Fund permits a purchaser to substitute equivalents, other investment companies, and each Fund, including when the purchase of cash in lieu of depositing a portion of the requisite securities that are not Component Securities but Creation Units from the Fund is an All-Cash Deposit Securities, the purchaser may be assessed which the Adviser or Subadviser believes will assist Payment (as defined below), will be made available. a higher Transaction Fee to cover the cost of the Fund in tracking the performance of its In addition, the All-Cash Payment will be disclosed, purchasing such Deposit Securities. Underlying Index. if applicable. The national securities exchange (as 7 Shares of the Current Funds are listed and 4 Securities are selected for inclusion in a Fund defined in section 2(a)(26) of the Act) (‘‘Exchange’’) traded on NYSE Arca, Inc. following a representative sampling strategy to have on which Shares are listed will disseminate every 8 Shares will be registered in book-entry form aggregate investment characteristics, fundamental 15 seconds throughout the trading day through the only. DTC or its nominee will be the registered characteristics, and liquidity measures similar to facilities of the Consolidated Tape Association, an owner of all outstanding Shares. DTC or DTC those of the Fund’s Underlying Index taken in its amount representing on a per Share basis, the sum Participants will maintain records reflecting entirety. of the current value of the Fund Deposit. beneficial owners of Shares.

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at a material discount or premium in securities that are already included transaction is consistent with the relation to their NAV. among the existing Portfolio Securities, policies of the registered investment 12. Shares will not be individually and (iii) are the same for all Authorized company and the general provisions of redeemable, and owners of Shares may Participants on a given Business Day.11 the Act. Section 12(d)(1)(J) of the Act acquire those Shares from the Fund, or 14. Neither the Trust nor any provides that the Commission may tender the Shares for redemption to the individual Fund will be advertised, exempt any person, security, or Fund, in Creation Units only. To marketed or otherwise held out as an transaction, or any class or classes of redeem, an investor will have to open-end fund or a mutual fund. persons, securities or transactions, from accumulate enough Shares to constitute Instead, each Fund will be marketed as any provisions of section 12(d)(1) if the a Creation Unit. Redemption orders an ‘‘exchange–traded fund’’ or an exemption is consistent with the public must be placed by or through an ‘‘ETF.’’ All marketing materials that interest and the protection of investors. Authorized Participant. An investor describe the features or method of Sections 5(a)(1) and 2(a)(32) of the Act redeeming a Creation Unit generally obtaining, buying or selling Creation will receive (a) Portfolio Securities Units or Shares traded on an Exchange, 3. Section 5(a)(1) of the Act defines an designated by the Adviser to be or refer to redeemability, will ‘‘open-end company’’ as a management delivered for redemptions (‘‘Fund prominently disclose that Shares are not investment company that is offering for Securities’’) on the date that the request individually redeemable and that the sale or has outstanding any redeemable for redemption is submitted and (b) a owners of Shares may purchase or security of which it is the issuer. ‘‘Cash Redemption Amount,’’ consisting redeem Shares from the Fund in Section 2(a)(32) of the Act defines a of an amount calculated in the same Creation Units only. The The Funds will redeemable security as any security, manner as the Cash Component. An provide copies of their annual and semi- other than short-term paper, under the investor may receive the cash equivalent annual shareholder reports to DTC terms of which the owner, upon its of a Redemption Security upon request Participants for distribution to presentation to the issuer, is entitled to because it is constrained from effecting shareholders. receive approximately his proportionate transactions in the security by share of the issuer’s current net assets, Applicants’ Legal Analysis regulation or policy.9 A redeeming or the cash equivalent. Because Shares investor may pay a Transaction Fee, 1. Applicants request an order under will not be individually redeemable, calculated in the same manner as a section 6(c) of the Act for an exemption applicants request an order that would permit the Funds to register as open-end Transaction Fee payable in connection from sections 2(a)(32), 5(a)(1), 22(d), and management investment companies and with purchases of Creation Units. 22(e) of the Act and rule 22c–1 under issue Shares that are redeemable in 13. Applicants state that in accepting the Act, under sections 6(c) and 17(b) of Creation Units only. Applicants state Deposit Securities and satisfying the Act for an exemption from sections that investors may purchase Shares in redemptions with Fund Securities, the 17(a)(1) and 17(a)(2) of the Act, and Creation Units and redeem Creation relevant Funds will comply with the under section 12(d)(1)(J) of the Act for Units from each Fund. Applicants state federal securities laws, including that an exemption from sections 12(d)(1)(A) that because the market price of the Deposit Securities and Fund and 12(d)(1)(B) of the Act. Creation Units will be disciplined by Securities are sold in transactions that 2. Section 6(c) of the Act provides that arbitrage opportunities, investors should would be exempt from registration the Commission may exempt any be able to sell Shares at market prices under the Securities Act of 1933 person, security or transaction, or any that do not vary substantially from their (‘‘Securities Act’’).10 The specified class of persons, securities or NAV. Deposit Securities and Fund Securities transactions, from any provision of the either (a) will correspond pro rata to the Act, if and to the extent that such Section 22(d) of the Act and Rule 22c– Portfolio Securities of a Fund, or (b) will exemption is necessary or appropriate 1 Under the Act not correspond pro rata to the Portfolio in the public interest and consistent 4. Section 22(d) of the Act, among Securities, provided that the Deposit with the protection of investors and the other things, prohibits a dealer from Securities and Fund Securities (i) purposes fairly intended by the policy selling a redeemable security, which is consist of the same representative and provisions of the Act. Section 17(b) currently being offered to the public by sample of Portfolio Securities designed of the Act authorizes the Commission to or through a principal underwriter, to generate performance that is highly exempt a proposed transaction from except at a current public offering price correlated to the performance of the section 17(a) of the Act if evidence described in the prospectus. Rule 22c– Portfolio Securities, (ii) consist only of establishes that the terms of the 1 under the Act generally requires that transaction, including the consideration a dealer selling, redeeming or 9 Applicants state that Fixed Income Funds may to be paid or received, are reasonable repurchasing a redeemable security do substitute a cash-in-lieu amount to replace any ‘‘to- and fair and do not involve so only at a price based on its NAV. be-announced’’ (‘‘TBA’’) transaction that is listed as overreaching on the part of any person a Deposit Security or Fund Security of any Fund. Applicants state that secondary market A TBA transaction is a method of trading mortgage- concerned, and the proposed trading in Shares will take place at backed securities where the buyer and seller agree negotiated prices, not at a current upon general trade parameters such as agency, 11 In either case, a basket of Deposit Securities settlement date, par amount and price. The actual and basket of Fund Securities (and a true pro rata offering price described in a Fund’s pools delivered generally are determined two days slice of the Portfolio Securities) may differ solely to prospectus, and not at a price based on prior to the settlement date. The amount of the extent necessary (a) Because it is impossible to NAV. Thus, purchases and sales of substituted cash in the case of TBA transactions break up bonds beyond certain minimum sizes Shares in the secondary market will not will be equivalent to the value of the TBA needed for transfer and settlement, (b) because, in transaction listed as a Deposit Security or a Fund the case of equity securities, rounding is necessary comply with section 22(d) of the Act Security. to eliminate fractional shares or lots that are not and rule 22c–1 under the Act. 10 In accepting Deposit Securities and satisfying tradable round lots, or (c) for temporary periods, to Applicants request an exemption under redemptions with Fund Securities that are effect changes in the Portfolio Securities as a result section 6(c) from these provisions. restricted securities eligible for resale pursuant to of the rebalancing of an Underlying Index. A rule 144A under the Securities Act, the relevant tradable round lot for an equity security will be the 5. Applicants assert that the concerns Funds will comply with the conditions of rule standard unit of trading in that particular type of sought to be addressed by section 22(d) 144A. security in its primary market. of the Act and rule 22c–1 under the Act

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with respect to pricing are equally satisfaction in the principal local Act that are not sponsored or advised by satisfied by the proposed method of markets where transactions in the the Adviser or any entity controlling, pricing Shares. Applicants maintain that Portfolio Securities of each International controlled by, or under common control while there is little legislative history Fund customarily clear and settle, but in with the Adviser and are not part of the regarding section 22(d), its provisions, all cases no later than 14 calendar days same ‘‘group of investment companies,’’ as well as those of rule 22c–1, appear to following the tender of a Creation as defined in section 12(d)(1)(G)(ii) of have been designed to (a) prevent Unit.12 the Act, as the Funds (collectively, dilution caused by certain riskless 8. Applicants submit that section ‘‘Investing Funds’’) to acquire shares of trading schemes by principal 22(e) was designed to prevent a Fund beyond the limits of section underwriters and contract dealers, (b) unreasonable, undisclosed and 12(d)(1)(A). In addition, applicants seek prevent unjust discrimination or unforeseen delays in the actual payment relief to permit a Fund or broker-dealer preferential treatment among buyers, of redemption proceeds. Applicants that is registered under the Exchange and (c) ensure an orderly distribution of state that allowing redemption Act (‘‘Broker’’) to sell Shares to investment company shares by payments for Creation Units of a Fund Investing Funds in excess of the limits eliminating price competition from to be made within 14 calendar days of section 12(d)(1)(B). dealers offering shares at less than the would not be inconsistent with the 11. Each Investing Management published sales price and repurchasing spirit and intent of section 22(e). Company will be advised by an shares at more than the published Applicants state that an International investment adviser within the meaning redemption price. Fund’s statement of additional of section 2(a)(20)(A) of the Act (the 6. Applicants believe that none of information will disclose those local ‘‘Investing Fund Adviser’’) and may be these purposes will be thwarted by holidays, if any, that are expected to sub-advised by one or more investment permitting Shares to trade in the prevent the delivery of redemption advisers within the meaning of section secondary market at negotiated prices. proceeds in seven calendar days, and 2(a)(20)(B) of the Act (each an Applicants state that (a) secondary the maximum number of days, up to 14 ‘‘Investing Fund Subadviser’’). Any market trading in Shares does not calendar days, needed to deliver the investment adviser to an Investing Fund involve a Fund as a party and will not proceeds for each affected International will be registered under the Advisers result in dilution of an investment in Fund. Applicants are not seeking relief Act. Each Investing Trust will be Shares, and (b) to the extent different from section 22(e) with respect to sponsored by a sponsor (‘‘Sponsor’’). prices exist during a given trading day, International Funds that do not effect 12. Applicants submit that the or from day to day, such variances occur creations and redemptions of Creation proposed conditions to the requested as a result of third party market forces, Units in-kind. relief adequately address the concerns such as supply and demand. Therefore, underlying the limits in sections Section 12(d)(1) applicants assert that secondary market 12(d)(1)(A) and (B), which include transactions in Shares will not lead to 9. Section 12(d)(1)(A) of the Act, in concerns about undue influence by a discrimination or preferential treatment relevant part, prohibits a registered fund of funds over underlying funds, among purchasers. Finally, applicants investment company from acquiring excessive layering of fees and overly contend that the proposed distribution securities of an investment company if complex fund structures. Applicants system will be orderly because such securities represent more than 3% believe that the requested exemption is competitive forces will ensure that the of the total outstanding voting stock of consistent with the public interest and difference between the market price of the acquired company, more than 5% of the protection of investors. Shares and their NAV remains narrow. the total assets of the acquiring 13. Applicants believe that neither the company, or, together with the Investing Funds nor an Investing Fund Section 22(e) securities of any other investment Affiliate would be able to exert undue 7. Section 22(e) of the Act generally companies, more than 10% of the total influence over the Funds.13 To limit the prohibits a registered investment assets of the acquiring company. Section control that an Investing Fund may have company from suspending the right of 12(d)(1)(B) of the Act prohibits a over a Fund, applicants propose a redemption or postponing the date of registered open-end investment condition prohibiting an Investing Fund payment of redemption proceeds for company, its principal underwriter and Adviser or a Sponsor, any person more than seven days after the tender of any other broker-dealer from selling the controlling, controlled by, or under a security for redemption. Applicants investment company’s shares to another common control with the Investing observe that the settlement of investment company if the sale will Fund Adviser or Sponsor, and any redemptions of Creation Units of the cause the acquiring company to own investment company or issuer that International Funds is contingent not more than 3% of the acquired would be an investment company but only on the settlement cycle of the U.S. company’s voting stock, or if the sale for section 3(c)(1) or 3(c)(7) of the Act securities markets, but also on the will cause more than 10% of the that is advised or sponsored by the delivery cycles present in international acquired company’s voting stock to be Investing Fund Adviser or Sponsor, or markets in which those Funds invest. owned by investment companies any person controlling, controlled by, or Applicants have been advised that, generally. under common control with the under certain circumstances, the 10. Applicants request an exemption Investing Fund Adviser or Sponsor delivery cycles for transferring Fund to permit management investment (‘‘Investing Fund’s Advisory Group’’) Securities to redeeming investors, companies (‘‘Investing Management coupled with local market holiday Companies’’) and unit investment trusts 13 An ‘‘Investing Fund Affiliate’’ is the Investing schedules, will require a delivery (‘‘Investing Trusts’’) registered under the Fund Adviser, Investing Fund Subadviser(s), any Sponsor, promoter, or principal underwriter of an process of up to 14 calendar days. Investing Fund, and any person controlling, Applicants therefore request relief from 12 Applicants acknowledge that no relief obtained controlled by, or under common control with any section 22(e) in order to provide for from the requirements of section 22(e) will affect of those entities. A ‘‘Fund Affiliate’’ is the payment or satisfaction of redemptions any obligations applicants may have under rule investment adviser, promoter, or principal 15c6–1 under the Exchange Act. Rule 15c6–1 underwriter of a Fund and any person controlling, within a longer number of calendar days requires that most securities transactions be settled controlled by or under common control with any as required for such payment or within three business days of the trade. of these entities.

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from controlling (individually or in the received by the Investing Fund Adviser, more of whose outstanding voting aggregate) a Fund within the meaning of Trustee or Sponsor or an affiliated securities are directly or indirectly section 2(a)(9) of the Act. The same person of the Investing Fund Adviser, owned, controlled or held with the prohibition would apply to any Trustee or Sponsor, from the Funds in power to vote by the other person, and Investing Fund Subadviser, any person connection with the investment by the (c) any person directly or indirectly controlling, controlled by or under Investing Fund in the Fund. Applicants controlling, controlled by or under common control with the Investing state that any sales charges or service common control with the other person. Fund Subadviser, and any investment fees charged with respect to shares of an Section 2(a)(9) of the Act provides that company or issuer that would be an Investing Fund will not exceed the a control relationship will be presumed investment company but for section limits applicable to a fund of funds set where one person owns more than 25% 3(c)(1) or 3(c)(7) of the Act (or portion forth in NASD Conduct Rule 2830.14 of another person’s voting securities. of such investment company or issuer) 15. Applicants submit that the The Funds may be deemed to be advised or sponsored by the Investing proposed arrangement will not create an controlled by the Adviser or an entity Fund Subadviser or any person overly complex fund structure. controlling, controlled by or under controlling, controlled by or under Applicants note that no Fund may common control with the Adviser and common control with the Investing acquire securities of any investment hence affiliated persons of each other. In Fund Subadviser (‘‘Investing Fund’s company or company relying on section addition, the Funds may be deemed to Subadvisory Group’’). Applicants 3(c)(1) or 3(c)(7) of the Act in excess of be under common control with any propose other conditions to limit the the limits contained in section other registered investment company (or potential for undue influence over the 12(d)(1)(A) of the Act. To ensure that series thereof) advised by the Adviser or Funds, including that no Investing Fund Investing Funds comply with the terms an entity controlling, controlled by or or Investing Fund Affiliate (except to and conditions of the requested relief under common control with the Adviser the extent it is acting in its capacity as from section 12(d)(1), any Investing (an ‘‘Affiliated Fund’’). an investment adviser to a Fund) will Fund that intends to invest in a Fund in 18. Applicants request an exemption cause a Fund to purchase a security in reliance on the requested order will from section 17(a) of the Act pursuant an offering of securities during the enter into an agreement (‘‘FOF to sections 17(b) and 6(c) of the Act to existence of an underwriting or selling Participation Agreement’’) between the permit persons to effectuate in-kind syndicate of which a principal Fund and the Investing Fund requiring purchases and redemptions with a Fund underwriter is an Underwriting Affiliate the Investing Fund to adhere to the when they are affiliated persons of the (‘‘Affiliated Underwriting’’). An terms and conditions of the requested Fund or second-tier affiliates solely by ‘‘Underwriting Affiliate’’ is a principal order. The FOF Participation Agreement virtue of one or more of the following: underwriter in any underwriting or also will include an acknowledgement (a) Holding 5% or more, or in excess of selling syndicate that is an officer, from the Investing Fund that it may rely 25%, of the outstanding Shares of one director, member of an advisory board, on the requested order only to invest in or more Funds; (b) having an affiliation Investing Fund Adviser, Investing Fund Funds and not in any other investment with a person with an ownership Subadviser, Sponsor, or employee of the company. interest described in (a); or (c) holding Investing Fund, or a person of which 16. Applicants also note that a Fund 5% or more, or more than 25%, of the any such officer, director, member of an may choose to reject a direct purchase shares of one or more Affiliated Funds. 19. Applicants assert that no useful advisory board, Investing Fund Adviser, of Shares in Creation Units by an purpose would be served by prohibiting Investing Fund Subadviser, Sponsor, or Investing Fund. To the extent that an these types of affiliated persons from employee is an affiliated person (except Investing Fund purchases Shares in the acquiring or redeeming Creation Units that any person whose relationship to secondary market, a Fund would still through ‘‘in-kind’’ transactions. The the Fund is covered by section 10(f) of retain its ability to reject initial deposit procedures for both in kind the Act is not an Underwriting purchases of Shares made in reliance on purchases and in-kind redemptions of Affiliate). the requested order by declining to enter Creation Units will be the same for all 14. Applicants assert that the into the FOF Participation Agreement purchases and redemptions. The proposed conditions address any prior to any investment by an Investing composition of a Fund Deposit made by concerns regarding excessive layering of Fund in excess of the limits of section a purchaser or Fund Redemption given fees. The board of directors or trustees 12(d)(1). to a redeeming investor (except for any of any Investing Management Company, Sections 17(a)(1) and (2) of the Act cash in lieu amounts) on any Business including a majority of the disinterested Day will be the same regardless of the directors or trustees, will find that the 17. Section 17(a) of the Act generally investor’s identity, and Fund Deposits advisory fees charged to the Investing prohibits an affiliated person of a and Fund Redemptions will be valued Management Company are based on registered investment company, or an in the same manner as Portfolio services provided that will be in affiliated person of such a person Securities. Therefore, applicants state addition to, rather than duplicative of, (‘‘second-tier affiliate’’), from selling any that in-kind purchases and redemptions services provided under the advisory security to or acquiring any security will afford no opportunity for the contract(s) of any Fund in which the from the company. Section 2(a)(3) of the specified affiliated persons, or second- Investing Management Company may Act defines ‘‘affiliated person’’ to tier affiliates, of a Fund to effect a invest. In addition, under condition B.5, include (a) any person directly or transaction detrimental to other holders an Investing Fund Adviser or a trustee indirectly owning, controlling or of Shares. Applicants also believe that (‘‘Trustee’’) or Sponsor of an Investing holding with power to vote 5% or more in-kind purchases and redemptions will Trust will, as applicable, waive fees of the outstanding voting securities of not result in self-dealing or overreaching otherwise payable to it by the Investing the other person, (b) any person 5% or of the Fund. Fund in an amount at least equal to any 20. Applicants also seek relief from 14 Any references to NASD Conduct Rule 2830 compensation (including fees received include any successor or replacement rule to NASD section 17(a) to permit a Fund that is an pursuant to any plan adopted by a Fund Conduct Rule 2830 that may be adopted by affiliated person of an Investing Fund to under rule 12b–1 under the Act) Financial Industry Regulatory Authority. sell its Shares to and redeem its Shares

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from an Investing Fund.15 Applicants fund. Any advertising material that procedures reasonably designed to state that the terms of the transactions describes the purchase or sale of assure that the Investing Fund Adviser are fair and reasonable and do not Creation Units or refers to redeemability and any Investing Fund Subadviser are involve overreaching. Applicants note will prominently disclose that the conducting the investment program of that any consideration paid by an Shares are not individually redeemable the Investing Management Company Investing Fund for the purchase or and that owners of the Shares may without taking into account any redemption of Shares directly from a acquire those Shares from the Fund and consideration received by the Investing Fund will be based on the NAV of the tender those Shares for redemption to Management Company or an Investing Shares.16 Applicants believe that any the Fund in Creation Units only. Fund Affiliate from a Fund or a Fund proposed transactions directly between 3. The Web site for the Funds, which Affiliate in connection with any services the Funds and Investing Funds will be is and will be publicly accessible at no or transactions. consistent with the policies of each charge, will contain the following 4. Once an investment by an Investing Investing Fund. The purchase of information, on a per Share basis, for Fund in Fund Shares exceeds the limit Creation Units by an Investing Fund each Fund: the prior Business Day’s in section 12(d)(1)(A)(i) of the Act, the directly from a Fund will be NAV and the market closing price or the Board of a Fund, including a majority of accomplished in accordance with the midpoint of the bid/ask spread at the the disinterested Board members, will investment restrictions of any such time of calculation of such NAV (the determine that any consideration paid Investing Fund and will be consistent ‘‘Bid/Ask Price’’), and a calculation of by the Fund to the Investing Fund or an with the investment policies set forth in the premium or discount of the market Investing Fund Affiliate in connection the Investing Fund’s registration closing price or Bid/Ask Price against with any services or transactions: (a) Is statement. The FOF Participation such NAV. fair and reasonable in relation to the Agreement will require any Investing 4. The requested relief to permit ETF nature and quality of the services and Fund that purchases Creation Units operations will expire on the effective benefits received by the Fund; (b) is directly from a Fund to represent that date of any Commission rule under the within the range of consideration that the purchase of Creation Units from a Act that provides relief permitting the the Fund would be required to pay to Fund by an Investing Fund will be operation of index-based exchange- another unaffiliated entity in connection accomplished in compliance with the traded funds. with the same services or transactions; investment restrictions of the Investing B. Section 12(d)(1) Relief and (c) does not involve overreaching Fund and will be consistent with the on the part of any person concerned. investment policies set forth in the 1. The members of the Investing This condition does not apply with Investing Fund’s registration statement. Fund’s Advisory Group will not control respect to any services or transactions (individually or in the aggregate) a Fund between a Fund and its investment Applicants’ Conditions within the meaning of section 2(a)(9) of adviser(s), or any person controlling, Applicants agree that any order of the the Act. The members of the Investing controlled by, or under common control Commission granting the requested Fund’s Subadvisory Group will not with such investment adviser(s). relief will be subject to the following control (individually or in the aggregate) 5. The Investing Fund Adviser, conditions: a Fund within the meaning of section Trustee or Sponsor, as applicable, will 2(a)(9) of the Act. If, as a result of a waive fees otherwise payable to it by the A. Exchange Traded Fund Relief decrease in the outstanding Shares of a Investing Fund in an amount at least 1. As long as the Funds operate in Fund, the Investing Fund’s Advisory equal to any compensation (including reliance on the requested order, the Group or the Investing Fund’s fees received pursuant to any plan Shares of the Funds will be listed on an Subadvisory Group, each in the adopted by a Fund under rule 12b–1 Exchange. aggregate, becomes a holder of more under the Act) received from a Fund by 2. Neither the Trust nor any Fund will than 25 percent of the outstanding the Investing Fund Adviser, or Trustee be advertised or marketed as an open- Shares of a Fund, it will vote its Shares or Sponsor, or an affiliated person of the end investment company or a mutual of the Fund in the same proportion as Investing Fund Adviser, or Trustee or the vote of all other holders of the Sponsor, other than any advisory fees 15 Applicants believe that an Investing Fund Fund’s Shares. This condition does not paid to the Investing Fund Adviser, or generally will purchase Shares of the Funds in the apply to the Investing Fund’s Trustee or Sponsor, or its affiliated secondary market and will not purchase or redeem Creation Units directly from a Fund. However, the Subadvisory Group with respect to a person by the Fund, in connection with requested relief would apply to direct sales of Fund for which the Investing Fund the investment by the Investing Fund in Shares in Creation Units by a Fund to an Investing Subadviser or a person controlling, the Fund. Any Investing Fund Fund and redemptions of those Shares. The controlled by, or under common control Subadviser will waive fees otherwise requested relief is intended to cover the transactions that would accompany such sales and with the Investing Fund Subadviser acts payable to the Investing Fund redemptions. Applicants are not seeking relief from as the investment adviser within the Subadviser, directly or indirectly, by the section 17(a) for, and the requested relief will not meaning of section 2(a)(20)(A) of the Investing Management Company in an apply to, transactions where a Fund could be Act. amount at least equal to any deemed an affiliated person, or an affiliated person 2. No Investing Fund or Investing compensation received from a Fund by of an affiliated person of an Investing Fund because the Adviser or an entity controlling, controlled by Fund Affiliate will cause any existing or the Investing Fund Subadviser, or an or under common control with the Adviser is also potential investment by the Investing affiliated person of the Investing Fund an investment adviser to the Investing Fund. Fund in a Fund to influence the terms Subadviser, other than any advisory fees 16 Applicants acknowledge that the receipt of of any services or transactions between paid to the Investing Fund Subadviser compensation by (a) an affiliated person of an Investing Fund, or an affiliated person of such the Investing Fund or an Investing Fund or its affiliated person by the Fund, in person, for the purchase by the Investing Fund of Affiliate and the Fund or a Fund connection with the investment by the Shares or (b) an affiliated person of a Fund, or an Affiliate. Investing Management Company in the affiliated person of such person, for the sale by the 3. The board of directors or trustees of Fund made at the direction of the Fund of its Shares to an Investing Fund, may be prohibited by section 17(e)(1) of the Act. The FOF an Investing Management Company, Investing Fund Subadviser. In the event Participation Agreement also will include this including a majority of the disinterested that the Investing Fund Subadviser acknowledgment. directors or trustees, will adopt waives fees, the benefit of the waiver

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will be passed through to the Investing terms of the purchase, and the SECURITIES AND EXCHANGE Management Company. information or materials upon which COMMISSION 6. No Investing Fund or Investing the Board’s determinations were made. Fund Affiliate (except to the extent it is [Investment Company Act Release No. 9. Before investing in Fund Shares in 29828; File No. 812–13922] acting in its capacity as an investment excess of the limits in section adviser to a Fund) will cause a Fund to 12(d)(1)(A), an Investing Fund will Incapital LLC, et al.; Notice of purchase a security in an Affiliated execute a FOF Participation Agreement Application Underwriting. with the Fund stating that their 7. The Board of the Fund, including respective boards of directors or trustees September 30, 2011. a majority of the disinterested Board and their investment advisers or Trustee AGENCY: Securities and Exchange members, will adopt procedures and Sponsor, as applicable, understand Commission (‘‘Commission’’). reasonably designed to monitor any the terms and conditions of the order, ACTION: Notice of application for an purchases of securities by the Fund in and agree to fulfill their responsibilities order under section 12(d)(1)(J) of the an Affiliated Underwriting, once an under the order. At the time of its investment by an Investing Fund in Investment Company Act of 1940 investment in Fund Shares in excess of Fund Shares exceeds the limit of section (‘‘Act’’) for an exemption from sections the limit in section 12(d)(1)(A)(i), an 12(d)(1)(A)(i) of the Act, including any 12(d)(1)(A), (B) and (C) of the Act, and Investing Fund will notify the Fund of purchases made directly from an under sections 6(c) and 17(b) of the Act the investment. At such time, the Underwriting Affiliate. The Board will for an exemption from section 17(a) of Investing Fund will also transmit to the review these purchases periodically, but the Act. Fund a list of the names of each no less frequently than annually, to Investing Fund Affiliate and SUMMARY OF THE APPLICATION: determine whether the purchases were Underwriting Affiliate. The Investing influenced by the investment by the Applicants request an order that would Fund will notify the Fund of any Investing Fund in the Fund. The Board permit certain series of a registered unit will consider, among other things: (a) changes to the list as soon as reasonably investment trust to acquire shares of Whether the purchases were consistent practicable after a change occurs. The registered management investment with the investment objectives and Fund and the Investing Fund will companies and unit investment trusts or policies of the Fund; (b) how the maintain and preserve a copy of the series thereof (the ‘‘Funds’’) both within performance of securities purchased in order, the FOF Participation Agreement, and outside the same group of an Affiliated Underwriting compares to and the list with any updated investment companies. the performance of comparable information for the duration of the APPLICANTS: Incapital LLC (the securities purchased during a investment and for a period of not less ‘‘Depositor’’), and Incapital Unit Trust comparable period of time in than six years thereafter, the first two (the ‘‘Trust’’). years in an easily accessible place. underwritings other than Affiliated FILING DATES: The application was filed Underwritings or to a benchmark such 10. Before approving any advisory on July 13, 2011, and amended on as a comparable market index; and (c) contract under section 15 of the Act, the September 27, 2011 and September 29, whether the amount of securities board of directors or trustees of each 2011. Investing Management Company, purchased by the Fund in Affiliated HEARING OR NOTIFICATION OF HEARING: An Underwritings and the amount including a majority of the disinterested order granting the application will be purchased directly from an directors or trustees, will find that the issued unless the Commission orders a Underwriting Affiliate have changed advisory fees charged under such hearing. Interested persons may request significantly from prior years. The contract are based on services provided a hearing by writing to the Board will take any appropriate actions that will be in addition to, rather than Commission’s Secretary and serving based on its review, including, if duplicative of, the services provided applicants with a copy of the request, appropriate, the institution of under the advisory contract(s) of any personally or by mail. Hearing requests procedures designed to ensure that Fund in which the Investing should be received by the Commission purchases of securities in Affiliated Management Company may invest. by 5:30 p.m. on October 25, 2011, and Underwritings are in the best interest of These findings and their basis will be should be accompanied by proof of shareholders of the Fund. recorded fully in the minute books of service on applicants in the form of an 8. Each Fund will maintain and the appropriate Investing Management affidavit or, for lawyers, a certificate of preserve permanently in an easily Company. service. Hearing requests should state accessible place a written copy of the 11. Any sales charges and/or service the nature of the writer’s interest, the procedures described in the preceding fees charged with respect to shares of an reason for the request, and the issues condition, and any modifications to Investing Fund will not exceed the contested. Persons who wish to be such procedures, and will maintain and limits applicable to a fund of funds as notified of a hearing may request preserve for a period of not less than six set forth in NASD Conduct Rule 2830. years from the end of the fiscal year in notification by writing to the 12. No Fund will acquire securities of which any purchase in an Affiliated Commission’s Secretary. any investment company or company Underwriting occurred, the first two ADDRESSES: Secretary, Securities and relying on section 3(c)(1) or 3(c)(7) of years in an easily accessible place, a Exchange Commission, 100 F Street, the Act in excess of the limits contained written record of each purchase of NE., Washington, DC 20549–1090; in section 12(d)(1)(A) of the Act. securities in Affiliated Underwritings, Applicants: 200 South Wacker Drive, once an investment by an Investing For the Commission, by the Division of Suite 3700, Chicago, Illinois 60606. Fund in the securities of the Fund Investment Management, under delegated FOR FURTHER INFORMATION CONTACT: exceeds the limit of section authority. Marilyn Mann, Special Counsel, at (202) 12(d)(1)(A)(i) of the Act, setting forth Elizabeth M. Murphy, 551–6813, or Dalia Osman Blass, Branch from whom the securities were Secretary. Chief, at (202) 551–6821 (Office of acquired, the identity of the [FR Doc. 2011–25928 Filed 10–6–11; 8:45 am] Investment Company Regulation, underwriting syndicate’s members, the BILLING CODE 8011–01–P Division of Investment Management).

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SUPPLEMENTARY INFORMATION: The an evaluator. The Depositor does not securities other than government following is a summary of the have discretion as to when portfolio securities and short-term paper in application. The complete application securities of a Series will be sold, except addition to Affiliated Funds. may be obtained via the Commission’s that the Depositor is authorized to sell 3. Section 12(d)(1)(J) of the Act Web site by searching for the file securities in extremely limited provides that the Commission may number, or an applicant using the circumstances described in the Series’ exempt any person, security, or Company name box, at http:// prospectus. transaction, or any class or classes of www.sec.gov/search/search.htm or by 3. Applicants state that the requested persons, securities or transactions, from calling (202) 551–8090. relief will provide investors with a any provision of section 12(d)(1) if the practical, cost-efficient means of exemption is consistent with the public Applicants’ Representations investing in a professionally selected, interest and the protection of investors. 1. The Trust is a UIT registered under diversified portfolio of securities of Applicants seek an exemption under the Act.1 Each Series will be a series of investment companies. Each Series may section 12(d)(1)(J) to permit a Series to a Trust and will offer units for sale to also make investments in securities that purchase or otherwise acquire shares of the public (‘‘Units’’). Each Series will be are not issued by registered investment the Funds in excess of the percentage created pursuant to a trust agreement companies. limitations of sections 12(d)(1)(A) and which will incorporate by reference a (C), and the Open-end Funds, their master trust agreement between the Applicants’ Legal Analysis principal underwriters and any Broker Depositor and a financial institution A. Section 12(d)(1) to sell their shares to the Series in that satisfies the criteria in section 26(a) excess of the percentage limitations of 1. Section 12(d)(1)(A) of the Act of the Act (the ‘‘Trustee’’). The section 12(d)(1)(B). Depositor is a broker dealer registered prohibits a registered investment 4. Applicants state that the proposed under the Securities Exchange Act of company from acquiring shares of an arrangement will not give rise to the 1934 and member of the Financial investment company if the securities policy concerns underlying sections Industry Regulatory Authority, Inc. represent more than 3% of the total 12(d)(1)(A), (B), and (C), which include (‘‘FINRA’’). outstanding voting stock of the acquired concerns about undue influence by a 2. Applicants request relief to permit company, more than 5% of the total fund of funds over underlying funds, a Series to invest in registered assets of the acquiring company, or, excessive layering of fees, and overly investment companies or series thereof together with the securities of any other complex fund structures. Accordingly, (‘‘Funds’’) that are (a) part of the same investment companies, more than 10% Applicants believe that the requested ‘‘group of investment companies’’ (as of the value of the total assets of the exemption is consistent with the public that term is defined in section acquiring company. Section 12(d)(1)(B) interest and the protection of investors. 12(d)(1)(G) of the Act) as the Series of the Act prohibits a registered open- 5. Applicants state that the concern (‘‘Affiliated Funds’’), and (b) not part of end investment company, its principal about undue control does not arise with the same group of investment underwriter and any broker or dealer respect to a Series’ investment in companies as the Series (‘‘Unaffiliated (‘‘Broker’’) from selling the shares of the Affiliated Funds, as reflected in section Funds’’). Each of the Funds will be investment company to another 12(d)(1)(G) of the Act. Applicants also registered as a closed-end investment investment company if the sale will state that the proposed arrangement will company (‘‘Closed-end Fund’’), an cause the acquiring company to own not result in undue influence by a Series open-end investment company (‘‘Open- more than 3% of the acquired or its affiliates over Unaffiliated Funds. end Fund’’) or a UIT. An Unaffiliated company’s voting stock, or if the sale Applicants have agreed that (a) the Fund that is a UIT is referred to as an will cause more than 10% of the Depositor, (b) any person controlling, ‘‘Unaffiliated Underlying Trust.’’ An acquired company’s voting stock to be controlled by or under common control Unaffiliated Fund that is a Closed-end owned by investment companies with the Depositor, and (c) any Fund or Open-end Fund is referred to as generally. Section 12(d)(1)(C) prohibits investment company and any issuer that an ‘‘Unaffiliated Underlying Fund.’’ an investment company, other would be an investment company but Certain of the Funds may be registered investment companies having the same for section 3(c)(1) or 3(c)(7) of the Act, as Open-end Funds or UITs, but have investment adviser, and companies sponsored or advised by the Depositor received exemptive relief in order that controlled by such investment (or any person controlling, controlled by their shares may be traded at companies, from acquiring more than or under common control with the ‘‘negotiated prices’’ on a national 10% of the outstanding voting stock of Depositor) (collectively, the ‘‘Group’’) securities exchange in the same manner a registered closed-end management will not control (individually or in the as other equity securities (the investment company. aggregate) an Unaffiliated Fund within ‘‘Exchange-traded Funds’’). Shares of 2. Section 12(d)(1)(G) provides, in the meaning of section 2(a)(9) of the Act. Exchange-traded Funds and Closed-end relevant part, that section 12(d)(1) will Applicants also note that conditions 2, Funds will be deposited in a Series at not apply to securities of a registered 3, 5 and 6 set forth below will address prices which are based on the market open-end investment company or UIT the concern about undue influence with value of the securities, as determined by acquired by a registered UIT if the respect to the Unaffiliated Funds. acquired company and the acquiring 6. As an additional assurance that an 1 Applicants request that the order also extend to company are part of the same group of Unaffiliated Underlying Fund future registered unit investment trust (‘‘UITs’’) investment companies, provided that understands the implications of an sponsored by the Depositor or an entity controlling, certain other requirements contained in investment by a Series under the controlled by or under common control with the requested order, prior to a Series’ Depositor and their respective series (the future section 12(d)(1)(G) are met, including UITs, together with the Trust, are collectively the that the only other investments held by investment in the Unaffiliated ‘‘Trusts’’ and the series of the Trusts are the the acquiring company are government Underlying Fund in excess of the limit ‘‘Series’’). All existing entities that currently intend securities and short-term paper. in Section 12(d)(1)(A)(i), the Series and to rely on the requested order are named as the Unaffiliated Underlying Fund will applicants. Any other entity that relies on the order Applicants state that they may not rely in the future will comply with the terms and on section 12(d)(1)(G) because a Series execute an agreement stating, without conditions of the application. will invest in Unaffiliated Funds and limitation, that the Depositor and

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Trustee and the board of directors or its expense structure and the additional with the general purposes of the Act. trustees to the Unaffiliated Underlying expenses of investing in Funds. Section 6(c) of the Act permits the Fund and the investment adviser(s) to Commission to exempt any person or B. Section 17(a) of the Act the Unaffiliated Underlying Fund, transactions from any provision of the understand the terms and conditions of 1. Section 17(a) of the Act generally Act if such exemption is necessary or the order and agree to fulfill their prohibits an affiliated person of a appropriate in the public interest and responsibilities under the order registered investment company, or an consistent with the protection of (‘‘Participation Agreement’’). Applicants affiliated person of such a person investors and the purposes fairly note that an Unaffiliated Underlying (‘‘second-tier affiliate’’), acting as intended by the policy and provisions of Fund, including a closed-end Fund or principal, from selling any security or the Act. an Exchange-traded Fund, may choose other property to or acquiring any 4. Applicants submit that the to reject an investment from the Series security or other property from the proposed transactions satisfy the by declining to execute the Participation company. Section 2(a)(3) of the Act standards for relief under sections 17(b) Agreement. defines an ‘‘affiliated person’’ of another and 6(c) of the Act. Applicants state that 7. Applicants do not believe that the person to include (a) any person directly the terms of the proposed transactions proposed arrangement will involve or indirectly owning, controlling, or are fair and reasonable and do not excessive layering of fees. Applicants holding with power to vote, 5% or more involve overreaching. Applicants note state that any sales charges and/or of the outstanding voting securities of that the consideration paid for the sale service fees (as those terms are defined the other person; (b) any person 5% or and redemption of shares of the open- end Funds and Funds that are UITs will in Rule 2830 of the Conduct Rules of the more of whose outstanding voting be based on the net asset values of the NASD, Inc. (‘‘NASD Conduct Rules’’) 2 securities are directly or indirectly Funds. Finally, Applicants state that the charged with respect to Units of a Series owned, controlled, or held with power proposed transactions will be consistent will not exceed the limits applicable to to vote by the other person; and (c) any with the policies of each Series and a fund of funds as set forth in Rule 2830 person directly or indirectly controlling, Fund, and with the general purposes of of the NASD Conduct Rules.3 In controlled by, or under common control the Act. addition, the Trustee or Depositor will with the other person. waive fees otherwise payable to it by the 2. Applicants state that a Series and Applicants’ Conditions Series in an amount at least equal to any an Affiliated Fund might be deemed to be under the common control of the Applicants agree that the order compensation (including fees paid granting the requested relief shall be pursuant to any plan adopted by an Depositor or an entity controlling, controlled by, or under common control subject to the following conditions: Unaffiliated Underlying Fund under 1. The members of the Group will not with the Depositor. Applicants also state rule 12b–1 under the Act) received from control (individually or in the aggregate) that a Series and a Fund might become an Unaffiliated Fund by the Trustee or an Unaffiliated Fund within the ‘‘affiliated persons’’ if the Series Depositor, or an affiliated person of the meaning of section 2(a)(9) of the Act. If, acquires more than 5% of the Fund’s Trustee or Depositor, other than any as a result of a decrease in the outstanding voting securities. The sale advisory fees paid to the Trustee or outstanding voting securities of an or redemption by a Fund of its shares Depositor or its affiliated person by an Unaffiliated Fund, the Group, in the to or from a Series therefore could be Unaffiliated Underlying Fund, in aggregate, becomes a holder of more deemed to be a principal transaction connection with the investment by the than 25% of the outstanding voting prohibited by Section 17(a) of the Act.4 Series in the Unaffiliated Fund. securities of the Unaffiliated Fund, the 3. Section 17(b) of the Act authorizes 8. Applicants state that the proposed Group will vote its shares of the the Commission to grant an order arrangement will not create an overly Unaffiliated Fund in the same permitting a transaction otherwise complex fund structure. Applicants note proportion as the vote of all other prohibited by section 17(a) if it finds that a Fund will be prohibited from holders of the Unaffiliated Fund’s that (a) the terms of the proposed acquiring securities of any investment shares. transaction are fair and reasonable and company or company relying on section 2. No Series or its Depositor, do not involve overreaching on the part 3(c)(1) or 3(c)(7) of the Act in excess of promoter, principal underwriter, or any of any person concerned; (b) the the limits contained in section person controlling, controlled by, or proposed transaction is consistent with 12(d)(1)(A), except to the extent under common control with any of the policies of each registered permitted by exemptive relief from the those entities (each, a ‘‘Series Affiliate’’) investment company involved; and (c) Commission permitting the Fund to will cause any existing or potential the proposed transaction is consistent purchase shares of other investment investment by the Series in an Unaffiliated Fund to influence the terms companies for short-term cash 4 To the extent purchases and sales of shares of management purposes. Applicants also an Exchange-traded Fund occur in the secondary of any services or transactions between represent that a Series’ prospectus and market (and not through principal transactions the Series or Series Affiliate and the sales literature will contain concise, directly between a Series and an Exchange-traded Unaffiliated Fund or its investment Fund), relief from section 17(a) would not be adviser(s), sponsor, promoter, principal ‘‘plain English’’ disclosure designed to necessary. The requested relief is intended to cover, inform investors of the unique however, transactions directly between Exchange- underwriter, or any person controlling, characteristics of the trust of funds traded Funds and a Series. Applicants are not controlled by, or under common control structure, including, but not limited to, seeking relief from section 17(a) for, and the with any of those entities. requested relief will not apply to, transactions 3. Once an investment by a Series in where an Exchange-traded Fund could be deemed 2 Any references to NASD Conduct Rule 2830 an affiliated person, or an affiliated person of an the securities of an Unaffiliated include any successor or replacement rule to affiliated person, of a Series because the investment Underlying Fund exceeds the limit in Conduct Rule 2830 that may be adopted by FINRA. adviser to the Exchange-traded Fund or an entity section 12(d)(1)(A)(i) of the Act, the 3 With respect to purchasing closed-end Funds or controlling, controlled by or under common control board of directors or trustees of the Exchange-traded Fund shares, a Series may incur with the investment adviser is also a depositor to the customary brokerage commissions associated the Series. In addition, the request for relief does Unaffiliated Underlying Fund, with purchasing any equity security on the not cover principal transactions with Closed-end including a majority of the disinterested secondary market. Funds. board members, will determine that any

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consideration paid by the Unaffiliated purchases made directly from an Underlying Fund and the investment Underlying Fund to the Series or Series Underwriting Affiliate. The board of the adviser(s) to the Unaffiliated Underlying Affiliate in connection with any services Unaffiliated Underlying Fund will Fund, understand the terms and or transactions: (a) Is fair and reasonable review these purchases periodically, but conditions of the order and agree to in relation to the nature and quality of no less frequently than annually, to fulfill their responsibilities under the the services and benefits received by the determine whether the purchases were order. At the time of its investment in Unaffiliated Underlying Fund; (b) is influenced by the investment by the shares of an Unaffiliated Underlying within the range of consideration that Series in the Unaffiliated Underlying Fund in excess of the limit in section the Unaffiliated Underlying Fund would Fund. The board of the Unaffiliated 12(d)(1)(A)(i), a Series will notify the be required to pay to another Underlying Fund will consider, among Unaffiliated Underlying Fund of the unaffiliated entity in connection with other things: (a) Whether the purchases investment. At such time, the Series the same services or transactions; and were consistent with the investment also will transmit to the Unaffiliated (c) does not involve overreaching on the objectives and policies of the Underlying Fund a list of the names of part of any person concerned. This Unaffiliated Underlying Fund; (b) how each Series Affiliate and Underwriting condition does not apply with respect to the performance of securities purchased Affiliate. The Series will notify the any services or transactions between an in an Affiliated Underwriting compares Unaffiliated Underlying Fund of any Unaffiliated Underlying Fund and its to the performance of comparable changes to the list of names as soon as investment adviser(s), or any person securities purchased during a reasonably practicable after a change controlling, controlled by, or under comparable period of time in occurs. The Unaffiliated Underlying common control with such investment underwritings other than Affiliated Fund and the Series will maintain and adviser(s). Underwritings or to a benchmark such preserve a copy of the order, the 4. The Trustee or Depositor will waive as a comparable market index; and (c) Participation Agreement, and the list fees otherwise payable to it by the whether the amount of securities with any updated information for the Series, in an amount at least equal to purchased by the Unaffiliated duration of the investment, and for a any compensation (including fees Underlying Fund in Affiliated period not less than six years thereafter, received pursuant to any plan adopted Underwritings and the amount the first two years in an easily accessible by an Unaffiliated Underlying Fund purchased directly from an place. under rule 12b–1 under the Act) Underwriting Affiliate have changed 9. Any sales charges and/or service received from an Unaffiliated Fund by significantly from prior years. The board fees charged with respect to Units of a the Trustee or Depositor, or an affiliated of the Unaffiliated Underlying Fund Series will not exceed the limits person of the Trustee or Depositor, other will take any appropriate actions based applicable to a fund of funds as set forth than any advisory fees paid to the on its review, including, if appropriate, in Rule 2830 of the NASD Conduct Trustee or Depositor or its affiliated the institution of procedures designed to Rules. person by an Unaffiliated Underlying assure that purchases of securities in 10. No Fund will acquire securities of Fund, in connection with the Affiliated Underwritings are in the best any other investment company or investment by a Series in the interests of shareholders. company relying on section 3(c)(1) or Unaffiliated Fund. 7. An Unaffiliated Underlying Fund 3(c)(7) of the Act in excess of the limits 5. No Series or Series Affiliate (except will maintain and preserve permanently contained in section 12(d)(1)(A) of the to the extent it is acting in its capacity in an easily accessible place a written Act, except to the extent permitted by as an investment adviser to an copy of the procedures described in the exemptive relief from the Commission Unaffiliated Underlying Fund or preceding condition, and any permitting the Fund to purchase shares sponsor to an Unaffiliated Underlying modifications to such procedures, and of other investment companies for short- Trust) will cause an Unaffiliated Fund will maintain and preserve for a period term cash management purposes. to purchase a security in an offering of not less than six years from the end of securities during the existence of any the fiscal year in which any purchase in For the Commission, by the Division of underwriting or selling syndicate of an Affiliated Underwriting occurred, the Investment Management, pursuant to which a principal underwriter is the first two years in an easily accessible delegated authority. Depositor or a person of which the place, a written record of each purchase Elizabeth M. Murphy, Depositor is an affiliated person (each, of securities in Affiliated Underwritings Secretary. an ‘‘Underwriting Affiliate,’’ except any once an investment by a Series in the [FR Doc. 2011–25927 Filed 10–6–11; 8:45 am] person whose relationship to the securities of the Unaffiliated Underlying BILLING CODE 8011–01–P Unaffiliated Fund is covered by section Fund exceeds the limit of section 10(f) of the Act is not an Underwriting 12(d)(1)(A)(i) of the Act, setting forth Affiliate). An offering of securities from whom the securities were SECURITIES AND EXCHANGE during the existence of an underwriting acquired, the identity of the COMMISSION or selling syndicate of which a principal underwriting syndicate’s members, the [Release No. 34–65467; File No. SR– underwriter is an Underwriting Affiliate terms of the purchase, and the NASDAQ–2011–136] is an ‘‘Affiliated Underwriting.’’ information or materials upon which 6. The board of an Unaffiliated the determinations of the board of the Self-Regulatory Organizations; The Underlying Fund, including a majority Unaffiliated Underlying Fund were NASDAQ Stock Market LLC; Notice of of the disinterested board members, will made. Filing and Immediate Effectiveness of adopt procedures reasonably designed 8. Before investing in an Unaffiliated Proposed Rule Change To Modify to monitor any purchases of securities Underlying Fund in excess of the limit NASDAQ Options Market Rules by the Unaffiliated Underlying Fund in in section 12(d)(1)(A)(i), each Series and Chapter VII, Section 6, Market Maker an Affiliated Underwriting once an the Unaffiliated Underlying Fund will Quotations investment by a Series in the securities execute a Participation Agreement of the Unaffiliated Underlying Fund stating, without limitation, that the October 3, 2011. exceeds the limit of section Depositor and Trustee, and the board of Pursuant to Section 19(b)(1) of the 12(d)(1)(A)(i) of the Act, including any directors or trustees of the Unaffiliated Securities Exchange Act of 1934

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(‘‘Act’’),1 and Rule 19b-4 thereunder,2 and NASDAQ adopted the $5 wide conform NOM’s rules to those of other notice is hereby given that on requirement in order to encourage exchanges, as described below, which September 28, 2011, The NASDAQ narrower markets and thereby improve should, in term, avoid confusion and Stock Market LLC (‘‘NASDAQ’’ or the quality of NOM’s markets. promote competition among exchanges. ‘‘Exchange’’) filed with the Securities At this time, NASDAQ proposes to permit wider bid/ask differentials to B. Self-Regulatory Organization’s and Exchange Commission Statement on Burden on Competition (‘‘Commission’’) the proposed rule correspond to the width of the market change as described in Items I, II, and in the underlying security. Specifically, NASDAQ does not believe that the III below, which Items have been NASDAQ proposes to amend Chapter proposed rule change will result in any prepared by NASDAQ. The Commission VII, Section 6, Market Maker burden on competition that is not is publishing this notice to solicit Quotations, to provide that respecting necessary or appropriate in furtherance comments on the proposed rule change in-the-money series 4 where the market of the purposes of the Act, as amended. from interested persons. for the underlying security is wider than C. Self-Regulatory Organization’s $5, the bid/ask differential may be as I. Self-Regulatory Organization’s Statement on Comments on the wide as the quotation for the underlying Proposed Rule Change Received From Statement of the Terms of the Substance 5 security on the primary market. For Members, Participants, or Others of the Proposed Rule Change instance, under the current rule, where NASDAQ is filing a proposal for the the market for the underlying security in Written comments were neither NASDAQ Options Market (‘‘NOM’’) to the primary market is $60–$70, the solicited nor received. amend Chapter VII, Section 6, Market applicable quote spread parameter is $5, III. Date of Effectiveness of the Maker Quotations, to permit wider bid/ but under the proposed language, it Proposed Rule Change and Timing for ask differentials to correspond to the would be $10 for the in-the-money Commission Action width of the market in the underlying series, which is the spread in the underlying security in the primary Because the foregoing proposed rule security, as described below. change does not: (i) Significantly affect The text of the proposed rule change market. NASDAQ believes that this is the protection of investors or the public is available at appropriate because options are priced interest; (ii) impose any significant nasdaq.cchwallstreet.com, at relative to the price of the security burden on competition; and (iii) become NASDAQ’s principal office, and at the underlying that option and are often operative for 30 days after the date of Commission’s Public Reference Room. hedged with the underlying security as well; accordingly, the price of an in-the- the filing, or such shorter time as the II. Self-Regulatory Organization’s money option is particularly Commission may designate, it has Statement of the Purpose of, and constrained by a quote spread parameter become effective pursuant to Section 8 Statutory Basis for, the Proposed Rule requirement that does not take into 19(b)(3)(A) of the Act and Rule 19b– 9 Change account a quote spread in the 4(f)(6) thereunder. In its filing with the Commission, underlying security greater than $5. At any time within 60 days of the NASDAQ included statements filing of the proposed rule change, the 2. Statutory Basis concerning the purpose of and basis for Commission summarily may the proposed rule change and discussed The Exchange believes that its temporarily suspend such rule change if any comments it received on the proposal is consistent with Section 6(b) it appears to the Commission that such proposed rule change. The text of these of the Act 6 in general, and furthers the action is necessary or appropriate in the statements may be examined at the objectives of Section 6(b)(5) of the Act 7 public interest, for the protection of places specified in Item IV below. in particular, in that it is designed to investors, or otherwise in furtherance of NASDAQ has prepared summaries, set prevent fraudulent and manipulative the purposes of the Act. If the forth in Sections A, B, and C below, of acts and practices, to promote just and Commission takes such action, the the most significant aspects of such equitable principles of trade, to foster Commission shall institute proceedings statements. cooperation and coordination with to determine whether the proposed rule persons engaged in facilitating should be approved or disapproved. A. Self-Regulatory Organization’s transactions in securities, and to remove IV. Solicitation of Comments Statement of the Purpose of, and impediments to and perfect the Statutory Basis for, the Proposed Rule mechanisms of a free and open market Interested persons are invited to Change and a national market system, and, in submit written data, views, and arguments concerning the foregoing, 1. Purpose general, to protect investors and the public interest because it will help including whether the proposed rule The purpose of the proposed rule change is consistent with the Act. change is to modify recently-adopted 4 In-the-money series are those series, where, in Comments may be submitted by any of bid/ask differentials. The new bid/ask the case of call options, the current market price of the following methods: differentials, also known as quotation the underlying security is higher than the strike spread parameters, establish the price, or, in the case of put options, the current Electronic Comments maximum permissible width between a market price of the underlying security is lower • Use the Commission’s Internet than the strike price. comment form (http://www.sec.gov/ Market Maker’s bid and an offer in a 5 Primary market is defined in Chapter I, Section particular series. Recently, NASDAQ 1(a)(47) as, in the case of securities listed on rules/sro.shtml); or adopted a $5 wide quote spread Nasdaq, the market that is identified as the listing parameters for all options.3 Previously, market pursuant to Section X(d) of the approved 8 15 U.S.C. 78s(b)(3)(A). there was no quote spread requirement national market system plan governing the trading 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– of Nasdaq-listed securities, and, in the case of 4(f)(6) requires a self-regulatory organization to give securities listed on another national securities the Commission written notice of its intent to file 1 15 U.S.C. 78s(b)(1). exchange, the market that is identified as the listing the proposed rule change at least five business days 2 17 CFR 240.19b–4. market pursuant to Section XI of the Consolidated prior to the date of filing of the proposed rule 3 See NOM Rules, Chapter VII, Section 6(d)(ii). Tape association Plan. change, or such shorter time as designated by the Securities Exchange Act Release No. 64054 (March 6 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this 8, 2011), 76 FR 14111 (March 15, 2011). 7 15 U.S.C. 78f(b)(5). requirement.

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• Send an e-mail to rule- SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s [email protected]. Please include File COMMISSION Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Number SR–NASDAQ–2011–136 on the [Release No. 34–65469; File No. SR–Phlx– subject line. 2011–108] Change Paper Comments 1. Purpose Self-Regulatory Organizations; The purpose of the proposed rule • Send paper comments in triplicate NASDAQ OMX PHLX LLC; Notice of change is to attract additional business to Elizabeth M. Murphy, Secretary, Filing and Immediate Effectiveness of Proposed Rule Change Relating to to and enhance the functionality offered Securities and Exchange Commission, by PSX by providing optional outbound 100 F Street, NE., Washington, DC Routing Functionality on NASDAQ OMX PSX routing services. Most equities 20549–1090. exchanges today provide routing All submissions should refer to File October 3, 2011. services. The Exchange intends to offer Number SR–NASDAQ–2011–136. This Pursuant to Section 19(b)(1) of the routing strategies materially identical to file number should be included on the Securities Exchange Act of 1934 several currently offered by its affiliate, 1 2 subject line if e-mail is used. To help the (‘‘Act’’), and Rule 19b–4 thereunder, The NASDAQ Stock Market, LLC 3 Commission process and review your notice is hereby given that on (‘‘NASDAQ’’). Nasdaq Execution September 21, 2011, NASDAQ OMX comments more efficiently, please use Services LLC is NASDAQ’s routing PHLX LLC (‘‘PHLX’’ or ‘‘Exchange’’) only one method. The Commission will broker and provides routing functions filed with the Securities and Exchange for NASDAQ. As described in detail post all comments on the Commission’s Commission (‘‘SEC’’ or ‘‘Commission’’) below, the Exchange proposes to use Internet Web site (http://www.sec.gov/ the proposed rule change as described Nasdaq Execution Services LLC as its rules/sro.shtml). Copies of the in Items I, II, and III, below, which Items routing broker to provide all of its PSX submission, all subsequent have been prepared by the Exchange. routing services as well. Specifically, amendments, all written statements The Commission is publishing this the Exchange proposes to permit Nasdaq with respect to the proposed rule notice to solicit comments on the Execution Services LLC to route orders change that are filed with the proposed rule change from interested from PSX to all market centers, as it Commission, and all written persons. does for NASDAQ, including to communications relating to the I. Self-Regulatory Organization’s NASDAQ and NASDAQ OMX BX proposed rule change between the 4 Statement of the Terms of Substance of (‘‘BX’’). Commission and any person, other than the Proposed Rule Change First, PHLX proposes to amend two those that may be withheld from the existing rules to accommodate routing. public in accordance with the The Exchange proposes to add routing Specifically, PHLX proposes to amend provisions of 5 U.S.C. 552, will be functionality to the NASDAQ OMX PSX subparagraph (f)(6) of Rule 3301, available for Web site viewing and facility of NASDAQ OMX PHLX Definitions, which pertains to printing in the Commission’s Public (‘‘System’’). Specifically, the Exchange Intermarket Sweep Orders (‘‘ISOs’’). Reference Room on official business proposes to adopt new Rule 3315, Order These are currently defined as limit days between the hours of 10 a.m. and Routing, and amend Rule 3301, orders that are designated as ISOs in the Definitions, and Rule 3305, Order Entry 3 p.m. Copies of such filing also will be manner prescribed by the Exchange and Parameters, as described below. The available for inspection and copying at are executed within the System by Exchange intends to implement the the principal offices of the Exchange. Participants at multiple price levels proposal upon notice to its membership. without respect to Protected Quotations All comments received will be posted The text of the proposed rule change without change; the Commission does of other market centers within the is available on the Exchange’s Web site meaning of Rule 600(b) of Regulation not edit personal identifying at http://www.nasdaqtrader.com/ information from submissions. You NMS under the Act. ISOs are micro.aspx?id=PHLXRulefilings, at the immediately executable within the should submit only information that principal office of the Exchange, and at System pursuant to PHLX Rule 3307. you wish to make available publicly. All the Commission’s Public Reference PHLX proposes to add that ISOs are not submissions should refer to File Room. eligible for routing as set out in new Number SR–NASDAQ–2011–136, and II. Self-Regulatory Organization’s Rule 3315.5 should be submitted on or before Statement of the Purpose of, and In addition, PHLX proposes to amend October 28, 2011. Statutory Basis for, the Proposed Rule Rule 3305, Order Entry Parameters, to For the Commission, by the Division of Change add a paragraph on routing. The new Trading and Markets, pursuant to delegated In its filing with the Commission, the routing paragraph will state that all 10 authority. Exchange included statements System orders entered by Participants Elizabeth M. Murphy, concerning the purpose of and basis for directing or permitting routing to other market centers shall be routed for Secretary. the proposed rule change and discussed potential display and/or execution as set [FR Doc. 2011–25957 Filed 10–6–11; 8:45 am] any comments it received on the forth in new Rule 3315. In connection BILLING CODE 8011–01–P proposed rule change. The text of these statements may be examined at the with the trading of securities governed places specified in Item IV below. The by Regulation NMS, System orders shall Exchange has prepared summaries, set be routed for potential display and/or forth in sections A, B, and C below, of execution in compliance with the most significant aspects of such 3 See e.g., NASDAQ Rule 4758. statements. 4 PHLX’s other affiliate, BX, has also proposed to provide outbound routing services using NES as its 1 15 U.S.C. 78s(b)(1). routing broker. See SR–BX–2011–048. 10 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 5 This is the same as NASDAQ Rule 4751(f)(6).

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Regulation NMS. This paragraph is Quotes, but only for displayed size. If (1) NES shall route orders to other intended to add routing to the rule that shares remain unexecuted after routing, market centers as directed by PHLX; governs order types generally. they are posted to the PSX book and do (2) NES will not engage in any Second, PHLX proposes to adopt new not route out again.13 business other than: (a) As an outbound Rule 3315, Order Routing, to fully spell PCRT is a routing option that will router for PHLX and (b) any other out how routing will work and to route to NASDAQ OMX BX, check the activities it may engage in as approved generally track the language of System for available shares and then by the Commission.19 NASDAQ Rule 4758. Paragraph (a) route to NASDAQ, with any unexecuted (3) NES shall operate as a facility, as describes the order routing process and shares posting to the Exchange’s book or defined in Section 3(a)(2) of the Act, of states that all routing shall be in cancelling, depending upon the time-in- PHLX. compliance with Rule 610 of Regulation force of the order. Shares posted on the (4) For purposes of SEC Rule 17d–1, NMS under the Act. Specifically, the Exchange’s book are not routed out the designated examining authority of Exchange proposes to introduce several again.14 This routing option is similar to NES shall be a self-regulatory routing strategies, all of which operate CART on NASDAQ, which also routes organization unaffiliated with PHLX or on NASDAQ today. These are PSTG, among the three exchanges in the same any of its affiliates. PSKN, PSCN, PSKP, PTFY, PMOP and order: BX, PSX, NASDAQ.15 PCRT, like (5) PHLX shall be responsible for PCRT, which are spelled out in all of the proposed routing strategies is filing with the Commission proposed 6 proposed Rule 4758(a)(1)(A)(iii)–(vii). designed to comply with SEC Rule 611 rule changes related to the operation of, PSTG is a routing option under which and the other provisions of Regulation and fees for services provided by, NES orders would check the PSX book, NMS.16 and NES shall be subject to exchange check destinations on the PSTG System non-discrimination requirements. Paragraph (b) describes the routing routing table,7 and then return to the (6) The books, records, premises, broker, Nasdaq Execution Services LLC PSX book if shares remain unexecuted. officers, agents, directors and employees (‘‘NES’’) and the conditions under After returning to the PSX book, a PSTG of NES as a facility of PHLX shall be which NES would operate. Currently, order will subsequently route out to deemed to be the books, records, NES does not provide inbound routing another market center if it posts a bid premises, officers, agents, directors and to NASDAQ. At this time, PHLX or offer that locks or crosses the PSTG employees of PHLX for purposes of, and proposes to use NES as its outbound order.8 PSKN is a form of PSTG in subject to oversight pursuant to, the Act. routing facility for cash equities, which the entering party instructs the The books and records of NES as a providing outbound routing from PSX to System to bypass any market centers facility of PHLX shall be subject at all other market centers, including their included in the PSTG System routing times to inspection and copying by the affiliates, NASDAQ and BX.17 table that are not posting Protected Commission. Quotations within the meaning of The Exchange, NASDAQ, BX and NES (7) Use of NES to route orders to other Regulation NMS.9 are affiliates. NES is a broker-dealer and market centers will be optional. Parties PSCN is a routing option under which member of NASDAQ, BX and the that do not desire to use NES must enter orders check the PSX book, check Exchange. Accordingly, the affiliate orders into PHLX as immediate-or- destinations on the PSCN System relationship between PHLX and NES, its cancel orders or any other order-type routing table, and then return to the BX member, raises the issue of an available through PHLX that is book. After returning to the PSX book, exchange’s affiliation with a member of ineligible for routing. a PSCN order will not subsequently such exchange. Specifically, in (8) NES shall establish and maintain route out to another market center if it connection with prior filings, the procedures and internal controls posts a bid or offer that locks or crosses Commission has expressed concern that reasonably designed to adequately the PSCN order.10 PSKP is a form of the affiliation of an exchange with one restrict the flow of confidential and PSCN in which the entering party of its members raises the potential for proprietary information between PHLX instructs the System to bypass any unfair competitive advantage and and its facilities (including NES as its market centers included in the PSCN potential conflicts of interest between routing facility) and any other entity. System routing table that are not posting an exchange’s self-regulatory obligations 18 These conditions are intended to Protected Quotations within the and its commercial interests. address the Commission’s concerns meaning of Regulation NMS.11 Accordingly, in this proposed rule regarding potential conflicts of interest PTFY is a routing option under which change, PHLX proposes to permit NES in instances where a member firm is orders check the PSX book for available to operate as its routing broker, affiliated with an exchange. shares only if instructed by the entering providing outbound routing to its Furthermore, PHLX Rule 985(b)(1)(A) firm prior to routing to destinations on affiliates, under the following currently provides that the Exchange or the PTFY System routing table. conditions, which are the same as those any entity with which it is affiliated Thereafter, they return to the PSX book found in NASDAQ rules: shall not, directly or indirectly, acquire and, like PSCN orders, do not route out or maintain an ownership interest in, or again.12 13 See proposed Rule 3315(a)(1)(A)(vi). engage in a business venture with, an PMOP is a routing option under 14 See proposed Rule 3315(a)(1)(A)(vii). Exchange member or an affiliate of an which orders route only to Protected 15 See Securities Exchange Act Release No. 63900 Exchange member in the absence of an (February 14, 2011), 76 FR 9397 (February 17, 2011) (SR–NASDAQ–2011–026). effective filing under Section 19(b) of 6 These correspond to the following routing 16 17 CFR 242.611. the Exchange Act. Because NES is an strategies on NASDAQ, respectively: STGY, SKNY, 17 SCAN, SKIP, TFTY, MOPP and CART. In order for PHLX to provide outbound routing Exchange member and PHLX now services, BX and NASDAQ each must file a 7 Routing tables are explained in proposed Rule proposes to engage in the business proposed rule change to receive inbound orders 3315(a)(1)(A). venture of outbound routing using NES from their affiliate exchange, PHLX. 8 See proposed Rule 3315(a)(1)(A)(iii). 18 See Securities Exchange Act Release Nos. as its routing broker, the Exchange has 9 See proposed Rule 3315(a)(1)(A)(iii). 59153 (December 23, 2008), 73 FR 80485 (SE– 10 See proposed Rule 3315(a)(1)(A)(iv). NASDAQ–2008–098); and 62736 (August 17, 2010), 19 Separately, BX has also filed a proposed rule 11 See proposed Rule 3315(a)(1)(A)(iv). 75 FR 51861 (August 23, 2010) (SR–NASDAQ– change seeking approval to have NES operate as the 12 See proposed Rule 3315(a)(1)(A)(v). 2010–100). routing broker. See SR–BX–2011–048.

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filed this proposed rule change under fraudulent and manipulative acts and Electronic Comments Section 19(b) of the Act. practices by establishing conditions that • The Exchange also proposes to adopt are intended to address potential Use the Commission’s Internet Rule 3315(c) to address the recently conflicts of interest between the comment form (http://www.sec.gov/ adopted Market Access Rule.20 In order Exchange and it affiliated member, rules/sro.shtml); or to comply with Rule 15c3–5,21 NES consistent with the framework in place • Send an e-mail to rule- proposes to implement, as part of its at other exchanges using an affiliated [email protected]. Please include File procedures, certain tests, on both an routing broker. Number SR–Phlx–2011–108 on the order-by-order basis and over a short subject line. period of time, that are designed to limit B. Self-Regulatory Organization’s the financial exposure that could arise Statement on Burden on Competition Paper Comments as a result of market access and to The Exchange does not believe that • ensure compliance with all regulatory the proposed rule change will impose Send paper comments in triplicate requirements that are applicable in any burden on competition not to Elizabeth M. Murphy, Secretary, connection with market access. necessary or appropriate in furtherance Securities and Exchange Commission, Consistent with the requirements of the of the purposes of the Act. 100 F Street, NE., Washington, DC Market Access Rule, these tests are 20549–1090. designed to reject orders that NES C. Self-Regulatory Organization’s All submissions should refer to File deems to be erroneous or duplicative, Statement on Comments on the Number SR–Phlx–2011–108. This file would cause the entering member’s Proposed Rule Change Received From credit exposure to exceed a preset credit Members, Participants, or Others number should be included on the subject line if e-mail is used. To help the threshold, or are noncompliant with No written comments were either pre-trade regulatory requirements (as solicited or received. Commission process and review your defined in the Market Access Rule). To comments more efficiently, please use the extent NES determines, based on III. Date of Effectiveness of the only one method. The Commission will these procedures, that an order should Proposed Rule Change and Timing for post all comments on the Commission’s be rejected, NES may also seek to cancel Commission Action Internet Web site (http://www.sec.gov/ orders that have already been routed Because the foregoing proposed rule rules/sro.shtml). Copies of the away. change does not: (i) Significantly affect submission, all subsequent amendments, all written statements 2. Statutory Basis the protection of investors or the public interest; (ii) impose any significant with respect to the proposed rule The Exchange believes that the burden on competition; and (iii) become change that are filed with the proposed rule change is consistent with operative for 30 days after the date of Commission, and all written 22 the provisions of Section 6 of the Act, the filing, or such shorter time as the communications relating to the in general, and with Sections 6(b)(5) of Commission may designate, it has proposed rule change between the the Act,23 in particular, in that the become effective pursuant to 19(b)(3)(A) Commission and any person, other than proposal is designed to prevent 24 25 of the Act and Rule 19b–4(f)(6) those that may be withheld from the fraudulent and manipulative acts and thereunder. public in accordance with the practices, to promote just and equitable At any time within 60 days of the principles of trade, to foster cooperation provisions of 5 U.S.C. 552, will be filing of the proposed rule change, the available for Web site viewing and and coordination with persons engaged Commission summarily may in regulating, clearing, settling, printing in the Commission’s Public temporarily suspend such rule change if Reference Room, 100 F Street, NE., processing information with respect to, it appears to the Commission that such Washington, DC 20549, on official and facilitating transactions in action is necessary or appropriate in the business days between the hours of securities, to remove impediments to public interest, for the protection of and perfect the mechanism of a free and investors, or otherwise in furtherance of 10 a.m. and 3 p.m. Copies of such filing open market and a national market the purposes of the Act. If the also will be available for inspection and system, and, in general, to protect Commission takes such action, the copying at the principal office of the investors and the public interest, Commission shall institute proceedings Exchange. All comments received will because PSX will be better able to serve to determine whether the proposed rule be posted without change; the its customers and compete with other should be approved or disapproved. Commission does not edit personal markets by offering optional routing identifying information from services. The Exchange believes that IV. Solicitation of Comments submissions. You should submit only these services are useful to its Interested persons are invited to information that you wish to make participants seeking efficient access to submit written data, views, and available publicly. All submissions the best markets, consistent with arguments concerning the foregoing, should refer to File Number SR–Phlx– removing impediments to and including whether the proposed rule 2011–108 and should be submitted on perfecting the mechanism of a free and change is consistent with the Act. or before October 28, 2011. open market and a national market Comments may be submitted by any of For the Commission, by the Division of system. The Exchange also believes that the following methods: its rules applicable to the routing broker Trading and Markets, pursuant to delegated should promote just and equitable authority.26 24 principles of trade and prevent 15 U.S.C. 78s(b)(3)(A). 25 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Elizabeth M. Murphy, 4(f)(6) requires a self-regulatory organization to give Secretary. 20 See Securities Exchange Act Release No. 63241 the Commission written notice of its intent to file [FR Doc. 2011–25958 Filed 10–6–11; 8:45 am] (November 3, 2010), 75 FR 69792 (November 15, the proposed rule change at least five business days 2010). prior to the date of filing of the proposed rule BILLING CODE 8011–01–P 21 17 CFR 240.15c3–5. change, or such shorter time as designated by the 22 15 U.S.C. 78f. Commission. The Exchange has satisfied this 23 15 U.S.C. 78f(b)(5). requirement. 26 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s centers shall be routed for potential COMMISSION Statement of the Purpose of, and display and/or execution as set forth in Statutory Basis for, the Proposed Rule new Rule 4758. In connection with the [Release No. 34–65470; File No. SR–BX– Change trading of securities governed by 2011–048] Regulation NMS, System orders shall be 1. Purpose routed for potential display and/or Self-Regulatory Organizations; The purpose of the proposed rule execution in compliance with NASDAQ OMX BX, Inc.; Notice of Filing change is to attract additional business Regulation NMS. This paragraph is and Immediate Effectiveness of to and enhance the functionality offered intended to add routing to the rule that Proposed Rule Change Relating to by the Exchange’s NASDAQ OMX BX governs order types generally. Routing Functionality on the NASDAQ Equities Market by providing optional Second, BX proposes to adopt new OMX BX Equities Market outbound routing services. Most Rule 4758, Order Routing, to fully spell equities exchanges today provide out how routing will work and to October 3, 2011. routing services. The Exchange intends generally track the language of Pursuant to Section 19(b)(1) of the to offer routing strategies materially NASDAQ Rule 4758. Paragraph (a) Securities Exchange Act of 1934 identical to several currently offered by describes the order routing process and 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, its affiliate, The NASDAQ Stock Market, states that all routing shall be in notice is hereby given that on LLC (‘‘NASDAQ’’).3 Nasdaq Execution compliance with Rule 610 of Regulation September 21, 2011, NASDAQ OMX Services LLC is NASDAQ’s routing NMS under the Act. Specifically, the BX, Inc. (‘‘Exchange’’ or ‘‘BX’’) filed broker and provides all routing Exchange proposes to introduce several with the Securities and Exchange functions for NASDAQ. As described in routing strategies, all of which operate Commission (‘‘SEC’’ or ‘‘Commission’’) detail below, the Exchange proposes to on NASDAQ today. These are BSTG, the proposed rule change as described use Nasdaq Execution Services LLC as BSKN, BSCN, BSKP, BTFY, BMOP and in Items I, II, and III, below, which Items its routing broker to provide all of its BCRT, which are spelled out in have been prepared by the Exchange. routing services as well. Specifically, proposed Rule 4758(a)(1)(A)(iii)–(vii).7 The Commission is publishing this the Exchange proposes to permit Nasdaq BSTG is a routing option under which notice to solicit comments on the Execution Services LLC to route orders orders would check the System, check proposed rule change from interested from BX to all market centers, as it does destinations on the BSTG System persons. for NASDAQ, including to NASDAQ routing table,8 and then return to the I. Self-Regulatory Organization’s and the NASDAQ OMX PSX facility of System if shares remain unexecuted. 4 Statement of the Terms of Substance of NASDAQ OMX PHLX (‘‘PHLX’’). After returning to the System, a BSTG the Proposed Rule Change First, BX proposes to amend two order will subsequently route out to existing rules to accommodate routing. another market center if it posts a bid BX is filing with the Commission a Specifically, BX proposes to amend or offer that locks or crosses the BSTG proposed rule change to add routing subparagraph (f)(6) of Rule 4751, order.9 BSKN is a form of BSTG in functionality to the NASDAQ OMX BX Definitions, which pertains to which the entering party instructs the Equities Market (‘‘System’’). Intermarket Sweep Orders (‘‘ISOs’’). System to bypass any market centers Specifically, the Exchange proposes to These are currently defined as limit included in the BSTG System routing adopt new Rule 4758, Order Routing, orders that are designated as ISOs in the table that are not posting Protected and amend Rule 4751, Definitions, and manner prescribed by the Exchange and Quotations within the meaning of Rule 4755, Order Entry Parameters, as are executed within the System by Regulation NMS.10 described below. The Exchange intends Participants at multiple price levels BSCN is a routing option under which to implement the proposal upon notice without respect to Protected Quotations orders check the System, check to its membership. of other market centers within the destinations on the BSCN System The text of the proposed rule change meaning of Rule 600(b) of Regulation routing table, and then return to the is available at http:// NMS under the Act. ISOs are System. After returning to the System, a nasdaqomxbx.cchwallstreet.com/, at immediately executable within the BSCN order will not subsequently route BX’s principal office, and at the System pursuant to BX Rule 4757. BX out to another market center if it posts Commission’s Public Reference Room. proposes to add that ISOs are not a bid or offer that locks or crosses the eligible for routing as set out in new 11 II. Self-Regulatory Organization’s BSCN order. BSKP is a form of BSCN Rule 4758.5 Statement of the Purpose of, and in which the entering party instructs the In addition, BX proposes to amend System to bypass any market centers Statutory Basis for, the Proposed Rule Rule 4755, Order Entry Parameters, to Change included in the BSCN System routing add a paragraph on routing and table that are not posting Protected In its filing with the Commission, the renumber the rule to more closely track Quotations within the meaning of Exchange included statements NASDAQ’s rule.6 The new routing Regulation NMS.12 concerning the purpose of and basis for paragraph will state that all System BTFY is a routing option under which the proposed rule change and discussed orders entered by Participants directing orders check the System for available any comments it received on the or permitting routing to other market shares only if instructed by the entering proposed rule change. The text of these firm prior to routing to destinations on statements may be examined at the 3 See e.g., NASDAQ Rule 4758. 4 BX’s other affiliate, PHLX, has also proposed to places specified in Item IV below. The 7 These correspond to the following routing provide outbound routing services using NES as its strategies on NASDAQ, respectively: STGY, SKNY, Exchange has prepared summaries, set routing broker. See SR–Phlx–2011–108. SCAN, SKIP, TFTY, MOPP and CART. forth in sections A, B, and C below, of 5 This is the same as NASDAQ Rule 4751(f)(6). 8 6 Routing tables are explained in proposed Rule the most significant aspects of such Specifically, the introductory paragraph in BX 4758(a)(1)(A). statements. Rule 4755(a) will now be subparagraph (a)(1), 9 subparagraph (a)(1)(A), subparagraph (a)(2) will See proposed Rule 4758(a)(1)(A)(iii). now be subparagraph (a)(1)(B) and subparagraph 10 See proposed Rule 4758(a)(1)(A)(iii). 1 15 U.S.C. 78s(b)(1). (a)(3) will now be subparagraph (a)(1)(C), all to 11 See proposed Rule 4758(a)(1)(A)(iv). 2 17 CFR 240.19b–4. track NASDAQ Rule 4755(a). 12 See proposed Rule 4758(a)(1)(A)(iv).

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the BTFY System routing table. Accordingly, in this proposed rule effective filing under Section 19(b) of Thereafter, they return to the System change, BX proposes to permit NES to the Act. Because NES is an Exchange and, like BSCN orders, do not route out operate as its routing broker, providing member and BX now proposes to engage again.13 outbound routing to its affiliates, under in the business venture of outbound BMOP is a routing option under the following conditions, which are the routing using NES as its routing broker, which orders route only to Protected same as those found in NASDAQ rules: the Exchange has filed this proposed Quotes, but only for displayed size. If (1) NES shall route orders to other rule change under Section 19(b) of the shares remain unexecuted after routing, market centers as directed by BX; Act. they are posted to the System and do (2) NES will not engage in any The Exchange also proposes to adopt not route out again.14 business other than: (a) As an outbound Rule 4758(c) to address the recently router for BX and (b) any other activities adopted Market Access Rule.21 In order BCRT is a routing option that will 22 check the Exchange’s System and then it may engage in as approved by the to comply with Rule 15c3–5, NES 20 proposes to implement, as part of its route an order to PSX and NASDAQ, Commission. procedures, certain tests, on both an with any unexecuted shares posting to (3) NES shall operate as a facility, as order-by-order basis and over a short the Exchange’s book or cancelling, defined in Section 3(a)(2) of the Act, of period of time, that are designed to limit depending upon the time-in-force of the BX. the financial exposure that could arise order. Shares posted on the Exchange’s (4) For purposes of SEC Rule 17d–1, as a result of market access and to book are not routed out again.15 This the designated examining authority of ensure compliance with all regulatory routing option is similar to CART on NES shall be a self-regulatory requirements that are applicable in NASDAQ, which also routes among the organization unaffiliated with BX or any connection with market access. three exchanges in the same order: BX, of its affiliates. Consistent with the requirements of the PSX, NASDAQ.16 BCRT, like all of the (5) BX shall be responsible for filing Market Access Rule, these tests are proposed routing strategies is designed with the Commission proposed rule changes related to the operation of, and designed to reject orders that NES to comply with SEC Rule 611 and the deems to be erroneous or duplicative, other provisions of Regulation NMS.17 fees for services provided by, NES and NES shall be subject to exchange non- would cause the entering member’s Paragraph (b) describes the routing discrimination requirements. credit exposure to exceed a preset credit broker, Nasdaq Execution Services LLC (6) The books, records, premises, threshold, or are noncompliant with (‘‘NES’’) and the conditions under officers, agents, directors and employees pre-trade regulatory requirements (as which NES would operate. Currently, of NES as a facility of BX shall be defined in the Market Access Rule). To NES does not provide inbound routing deemed to be the books, records, the extent NES determines, based on to NASDAQ. At this time, BX proposes premises, officers, agents, directors and these procedures, that an order should to use NES as its outbound routing employees of BX for purposes of, and be rejected, NES may also seek to cancel facility for cash equities, providing subject to oversight pursuant to, the Act. orders that have already been routed outbound routing from BX to other The books and records of NES as a away. market centers, including their affiliates, facility of BX shall be subject at all NASDAQ and PHLX.18 2. Statutory Basis times to inspection and copying by the The Exchange believes that the The Exchange, NASDAQ, NASDAQ Commission. proposed rule change is consistent with OMX PHLX and NES are affiliates. NES (7) Use of NES to route orders to other the provisions of Section 6 of the Act,23 is a broker-dealer and member of market centers will be optional. Parties in general, and with Sections 6(b)(5) of NASDAQ, NASDAQ OMX PHLX and that do not desire to use NES must enter the Act,24 in particular, in that the the Exchange. Accordingly, the affiliate orders into BX as immediate-or-cancel proposal is designed to prevent relationship between BX and NES, its orders or any other order-type available member, raises the issue of an fraudulent and manipulative acts and through BX that is ineligible for routing. practices, to promote just and equitable exchange’s affiliation with a member of (8) NES shall establish and maintain such exchange. Specifically, in principles of trade, to foster cooperation procedures and internal controls and coordination with persons engaged connection with prior filings, the reasonably designed to adequately Commission has expressed concern that in regulating, clearing, settling, restrict the flow of confidential and processing information with respect to, the affiliation of an exchange with one proprietary information between BX and of its members raises the potential for and facilitating transactions in its facilities (including NES as its securities, to remove impediments to unfair competitive advantage and routing facility) and any other entity. potential conflicts of interest between and perfect the mechanism of a free and These conditions are intended to open market and a national market an exchange’s self-regulatory obligations address the Commission’s concerns and its commercial interests.19 system, and, in general, to protect regarding potential conflicts of interest investors and the public interest, in instances where a member firm is because BX will be better able to serve 13 See proposed Rule 4758(a)(1)(A)(v). affiliated with an exchange. 14 its customers and compete with other See proposed Rule 4758(a)(1)(A)(vi). Furthermore, BX Rule 2140(a)(1) 15 markets by offering optional routing See proposed Rule 4758(a)(1)(A)(vii). currently provides that the Exchange or 16 See Securities Exchange Act Release no. 63900 services. The Exchange believes that (February 14, 2011), 76 FR 9397 (February 17, 2011) any entity with which it is affiliated these services are useful to its (SR–NASDAQ–2011–026). shall not, directly or indirectly, acquire participants seeking efficient access to 17 17 CFR 242.611. or maintain an ownership interest in, or the best markets, consistent with 18 In order for BX to provide outbound routing engage in a business venture with, an removing impediments to and services, PHLX and NASDAQ each must file a Exchange member or an affiliate of an proposed rule change to receive inbound orders from their affiliate exchange, BX. Exchange member in the absence of an 21 See Securities Exchange Act Release No. 63241 19 See Securities Exchange Act Release Nos. (November 3, 2010), 75 FR 69792 (November 15, 59153 (December 23, 2008), 73 FR 80485 (SR– 20 PHLX has also filed a proposed rule change 2010. NASDAQ–2008–098); and 62736 (August 17, 2010), seeking approval to have NES operate as the 22 17 CFR 240.15c3–5. 75 FR 51861 (August 23, 2010) (SR–NASDAQ– outbound routing broker for its PSX facility. See 23 15 U.S.C. 78f. 2010–100). SR–Phlx–2011–108. 24 15 U.S.C. 78f(b)(5).

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perfecting the mechanism of a free and arguments concerning the foregoing, For the Commission, by the Division of open market and a national market including whether the proposed rule Trading and Markets, pursuant to delegated 27 system. The Exchange also believes that change is consistent with the Act. authority. its rules applicable to the routing broker Comments may be submitted by any of Elizabeth M. Murphy, should promote just and equitable the following methods: Secretary. principles of trade and prevent [FR Doc. 2011–25959 Filed 10–6–11; 8:45 am] fraudulent and manipulative acts and Electronic Comments BILLING CODE 8011–01–P practices by establishing conditions that • Use the Commission’s Internet are intended to address potential conflicts of interest between the comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE Exchange and it affiliated member, rules/sro.shtml); or COMMISSION consistent with the framework in place • Send an e-mail to rule- [Release No. 34–65471; File No. SR–C2– at other exchanges using an affiliated [email protected]. Please include File 2011–026] routing broker. Number SR–BX–2011–048 on the B. Self-Regulatory Organization’s subject line. Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Statement on Burden on Competition Paper Comments Notice of Filing and Immediate BX does not believe that the proposed • Effectiveness of Proposed Rule rule change will impose any burden on Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Change Relating to the C2 Fees competition not necessary or Schedule appropriate in furtherance of the Securities and Exchange Commission, purposes of the Act. 100 F Street, NE., Washington, DC October 3, 2011. 20549–1090. C. Self-Regulatory Organization’s Pursuant to Section 19(b)(1) of the Statement on Comments on the All submissions should refer to File Securities Exchange Act of 1934 (the 1 2 Proposed Rule Change Received From Number SR–BX–2011–048. This file ‘‘Act’’), and Rule 19b–4 thereunder, Members, Participants, or Others number should be included on the notice is hereby given that on subject line if e-mail is used. To help the September 28, C2 Options Exchange, No written comments were either Incorporated (the ‘‘Exchange’’ or ‘‘C2’’) solicited or received. Commission process and review your comments more efficiently, please use filed with the Securities and Exchange III. Date of Effectiveness of the only one method. The Commission will Commission (‘‘Commission’’) the proposed rule change as described in Proposed Rule Change and Timing for post all comments on the Commission’s Items I, II and III below, which Items Commission Action Internet Web site (http://www.sec.gov/ Because the foregoing proposed rule have been prepared by the Exchange. rules/sro.shtml). Copies of the The Exchange has designated this change does not: (i) Significantly affect submission, all subsequent the protection of investors or the public proposal as one establishing or changing amendments, all written statements a due, fee, or other charge imposed by interest; (ii) impose any significant with respect to the proposed rule burden on competition; and (iii) become the Exchange under Section change that are filed with the 3 operative for 30 days after the date of 19(b)(3)(A)(ii) of the Act and Rule 19b– Commission, and all written 4 the filing, or such shorter time as the 4(f)(2) thereunder. The Commission is communications relating to the Commission may designate, it has publishing this notice to solicit proposed rule change between the become effective pursuant to 19(b)(3)(A) comments on the proposed rule change of the Act 25 and Rule 19b–4(f)(6) 26 Commission and any person, other than from interested persons. those that may be withheld from the thereunder. I. Self-Regulatory Organization’s public in accordance with the At any time within 60 days of the Statement of the Terms of the Substance provisions of 5 U.S.C. 552, will be filing of the proposed rule change, the of the Proposed Rule Change Commission summarily may available for Web site viewing and temporarily suspend such rule change if printing in the Commission’s Public The Exchange is proposing to amend it appears to the Commission that such Reference Room, 100 F Street, NE., its Fees Schedule as it relates to the action is necessary or appropriate in the Washington, DC 20549, on official SPXPM. The text of the proposed rule public interest, for the protection of business days between the hours of change is available on the Exchange’s investors, or otherwise in furtherance of 10 a.m. and 3 p.m. Copies of such filing Web site (http://www.c2exchange.com), the purposes of the Act. If the also will be available for inspection and at the Exchange’s Office of the Secretary Commission takes such action, the copying at the principal office of the and at the Commission. Commission shall institute proceedings Exchange. All comments received will II. Self-Regulatory Organization’s to determine whether the proposed rule be posted without change; the Statement of the Purpose of, and should be approved or disapproved. Commission does not edit personal Statutory Basis for, the Proposed Rule IV. Solicitation of Comments identifying information from Change submissions. You should submit only Interested persons are invited to In its filing with the Commission, the submit written data, views, and information that you wish to make Exchange included statements available publicly. All submissions concerning the purpose of and basis for 25 15 U.S.C. 78s(b)(3)(A). should refer to File Number SR–BX– the proposed rule change and discussed 26 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 2011–048 and should be submitted on any comments it received on the 4(f)(6) requires a self-regulatory organization to give or before October 28, 2011. proposed rule change. The text of these the Commission written notice of its intent to file the proposed rule change at least five business days 1 prior to the date of filing of the proposed rule 15 U.S.C. 78s(b)(1). change, or such shorter time as designated by the 2 17 CFR 240.19b–4. Commission. The Exchange has satisfied this 3 15 U.S.C. 78s(b)(3)(A)(ii). requirement. 27 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(2).

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statements may be examined at the customer order in SPXPM would be applying the fee to public customer places specified in Item IV below. The capped at 10,000 contracts per order executions helps lower costs associated Exchange has prepared summaries, set (this cap only applies to public with public customer transactions. This forth in sections (A), (B), and (C) below, customer orders). For complex orders, is appropriate because not assessing the of the most significant aspects of such the total contracts of an order (all legs) licensing surcharge fee to public statements. would be counted for purposes of customers offsets the higher transaction calculating the fee cap. To qualify for rates applicable to public customer A. Self-Regulatory Organization’s the discount, the entire order quantity executions. Additionally, the Exchange Statement of the Purpose of, and would need to be tied to a single order believes that waiver of the license Statutory Basis for, the Proposed Rule ID within the CBOEdirect 7 system or in surcharge fee will also help attract Change the front end system used to transmit customer users from the OTC market. 1. Purpose the order, provided the Exchange is With regard to the proposed On September 2, 2011, the granted access to effectively audit such transaction fees, the Exchange notes that Commission approved a proposed rule front end system. Thus, the order would while it appears that public customer change filed by the Exchange to permit need to be entered in its entirety into transactions are charged a higher rate on a pilot basis the listing and trading the Exchange’s system or into the than all other user types, because the on C2 of Standard & Poor’s 500 Index applicable front end system so that the index license surcharge fee would not (‘‘S&P 500’’) options with third-Friday- Exchange could clearly identify the total be applied to public customer of-the-month (‘‘Expiration Friday’’) size of the order. For an order entered executions, public customers would expiration dates for which the exercise via a PULSe Workstation 8 or another actually be charged a lower total amount settlement value will be based on the front end system, to take advantage of per contract than all other origin codes index value derived from the closing the cap, a customer large trade discount except the C2 Market-Maker and OCC prices of component securities request would need to be submitted to Clearing TPH Proprietary (Firm) (‘‘SPXPM’’).5 The Exchange now the Exchange within three business days categories. Further, as mentioned above, proposes to adopt fees associated with of the transaction and would need to only public customers would be eligible the anticipated trading of SPXPM. identify all necessary information, for the large trade discount. A lower The Exchange proposes adopting including the order ID and related transaction fee for C2 Market-Makers standard transaction fees for SPXPM details. The Exchange is requiring rewards dedicated liquidity provision that are comparable to, if not effectively supporting information in order to and is consistent with index fee lower than, similar products available in ensure that the originating order was structures in place on other exchanges the marketplace. The specific indeed for a size greater than 10,000 (e.g. on CBOE). A lower execution fee transaction fees proposed are as follows: contracts. for C2 Market-Makers is justified and Public customer transactions would be An aim of the customer large trade not unfairly discriminatory because C2 charged $0.44 per contract; voluntary discount is to help attract customer Market-Makers have obligations to the professional, professional customer, and users from the over-the-counter (OTC) market that other market participants do not, and those obligations act to the broker-dealer transactions would be market. The Exchange believes OTC benefit of all participants and to overall charged $0.40 per contract; 6 OCC S&P 500 transactions are typically large market quality on C2. The Exchange Clearing Trading Permit Holder Firm in size. Establishing the proposed cap at believes it is not unfairly discriminatory (‘‘Firm’’) proprietary transactions would 10,000 contracts is the Exchange’s to reward C2 Market-Makers with lower be charged $0.25 per contract; and C2 attempt at further creating an appealing transaction fees in recognition of their Market-Maker transactions would be alternative for OTC users as well as obligations. charged $0.17 per contract. These fee other public customer users who effect large trades in exchange-listed S&P 500 The proposed Firm rate generally rates are comparable to rates in place on corresponds to a comparable fee in the Chicago Board Options Exchange, derivatives. The Exchange also proposes to adopt place at CBOE. The Exchange believes Incorporated (‘‘CBOE’’) for executions in the proposed Firm rate is appropriate SPX (the a.m.-settled S&P 500 index a $0.10 per contract index license surcharge fee for executions in SPXPM because it provides an incentive for options contract). Further, the Exchange OCC Clearing Trading Permit Holders to notes that because the contract size of in order to offset costs incurred by the Exchange in connection with its license contribute capital to facilitate execution SPXPM is ten times larger than the of customer orders, which in turn contract size of SPY ETF options with Standard and Poors. It is not uncommon for exchanges to license provides a deeper pool of liquidity on (options on exchange traded funds C2 which benefits the C2 market and its based on the S&P 500 index), indexes from third parties for use in connection with derivative products participants. transaction fees for SPXPM provide The Exchange also proposes to adopt (including exchange traded funds). An significant cost savings to investors a new SPXPM Tier Appointment fee for index license surcharge fee in a product when compared to SPY options where Market-Maker Permit Holders that helps offset the costs associated with the taker fees in the smaller SPY option obtain an appointment in SPXPM. In license. This fee would apply to all non- contract can run as high as $0.45 per addition to the current Market-Maker public customer transactions (i.e., C2 contract for customers (see NYSE Arca Permit access fee of $5,000, a SPXPM options fee schedule). and non-Permit Holder market-maker, Tier Appointment of $4,000 would also Like with SPX traded on CBOE, a Clearing Participant and broker-dealer), be charged to any Market-Maker Permit customer large trade discount would including voluntary professionals. The holder that has an appointment also apply to SPXPM traded on C2. proposed fee is the same as the index (registration) in SPXPM at any time Thus, transaction fees applicable to a license surcharge fee in place at CBOE during a calendar month. The Exchange with respect to executions in SPX. Not notes that, when combined, the $5,000 5 See Securities Exchange Act Release No. 34– permit fee and $4,000 SPXPM Tier 65256 (September 2, 2011), 76 FR 55969 (September 7 CBOEdirect is the technology platform that 9, 2011) (SR–C2–2011–008). drives the C2 trade engine. Appointment fees are comparable to the 6 ‘‘Professional’’ and ‘‘Voluntary Professional’’ 8 The PULSe Workstation is the exchange- total Market Maker permit fee and SPX participant-types are defined in C2 Rule 1.1. provided front-end order entry system. Tier Appointment costs on CBOE

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(generally $6,000 and $3,000). The fee in place at CBOE for executions in C. Self-Regulatory Organization’s SPXPM Tier Appointment fee would be SPX. The Exchange further believes that Statement on Comments on the waived through November 2011. Even the proposed OCC Clearing TPH Proposed Rule Change Received From though it will be waived through Proprietary rate is equitable and not Members, Participants, or Others November 2011, establishing the fee unfairly discriminatory because OCC No written comments were solicited prior to the launch of SPXPM will Clearing Trading Permit Holders or received with respect to the proposed provide an incentive for market making contribute significant capital to facilitate rule change. firms to seek an SPXPM market-making execution of customer orders, which in permit while also alerting prospective turn provides a deeper pool of liquidity III. Date of Effectiveness of the Market-Makers that a SPXPM Tier on C2 that benefits the C2 market and Proposed Rule Change and Timing for Appointment fee will be charged in the its participants. The Exchange also Commission Action future. believes the proposed transaction fees The proposed rule change is 2. Statutory Basis are reasonable and equitable because the designated by the Exchange as proposed transaction fees for SPXPM establishing or changing a due, fee, or The Exchange believes that its would provide significant cost savings other charge, thereby qualifying for proposal to amend its Fee Schedule is to investors when compared to SPY effectiveness on filing pursuant to consistent with Section 6(b) of the options where taker fees in the smaller Section 19(b)(3)(A)(ii) of the Act 11 and Securities Exchange Act of 1934 SPY contract can run as high as $0.45 subparagraph (f)(2) of Rule 19b–4 12 (‘‘Act’’),9 in general, and furthers the per contract for customers (see NYSE thereunder. objectives of Section 6(b)(4) 10 of the Act Arca options fee schedule). The At any time within 60 days of the in particular, in that it is designed to filing of the proposed rule change, the provide for the equitable allocation of customer large trade discount program is reasonable because it is substantially Commission summarily may reasonable dues, fees, and other charges temporarily suspend such rule change if among C2 Permit Holders and other similar to a program in place on CBOE and the program will help attract it appears to the Commission that such persons using Exchange facilities. action is necessary or appropriate in the The Exchange believes it is equitable business from the OTC market to the public interest, for the protection of to assess fees for transactions in P.M.- listed exchange marketplace, consistent investors, or otherwise in furtherance of settled S&P 500 Index Options, just as with the objectives of the Dodd-Frank the purposes of the Act. the Exchange assesses fees for legislation. It is not unfairly transactions in other option classes. The discriminatory because it benefits the IV. Solicitation of Comments public customer participant type which Exchange also believes it is reasonable Interested persons are invited to already incurs the highest transaction to charge different fee amounts to submit written data, views, and fee rate. different user types in the manner arguments concerning the foregoing, proposed because the proposed fees are The proposed index license surcharge including whether the proposed rule consistent with the price differentiation fee is reasonable and equitable because change is consistent with the Act. that exists today at other options it corresponds to an identical fee in Comments may be submitted by any of exchanges (for example, the proposed place on CBOE for executions in SPX the following methods: fees are comparable with fees for other and because it helps the Exchange offset index option products traded on CBOE costs incurred by the Exchange in Electronic Comments -including index options on the S&P 500 connection with its license with • Use the Commission’s Internet index). Additionally, the Exchange Standard and Poors. Further, the comment form (http://www.sec.gov/ believes that the establishment of a proposed index license surcharge fee is rules/sro.shtml); or $0.17 per contract execution fee for C2 not unfairly discriminatory because it • Send an e-mail to rule-comments@ Market-Makers (as previously noted, an applies evenly to all market participants sec.gov. Please include File Number SR– additional $0.10 per contract licensing except public customers and not C2–2011–026 on the subject line. surcharge fee would also be applied to assessing the license surcharge fee to Paper Comments each C2 Market-Maker execution) is public customers is appropriate because • equitable and not unfairly of the higher transaction rates Send paper comments in triplicate discriminatory because C2 Market- applicable to public customer to Elizabeth M. Murphy, Secretary, Makers have obligations to the market executions. Securities and Exchange Commission, that other market participants do not, 100 F Street, NE., Washington, DC The proposed SPXPM Tier and those obligations act to the benefit 20549–1090. Appointment cost is reasonable, of all participants and to overall market All submissions should refer to File equitable and not unfairly quality on C2. Thus, the establishment Number SR–C2–2011–026. This file discriminatory because it applies to all of the proposed lower transaction fee for number should be included on the C2 SPXPM Market-Makers equally and C2 Market-Makers rewards dedicated subject line if e-mail is used. because it, when combined with the C2 liquidity provision that is important to To help the Commission process and Market-Maker Permit fee, costs the same the C2 marketplace. Similarly, the review your comments more efficiently, as the total cost of CBOE’s Market- establishment of a $0.25 per contract please use only one method. The Maker Permit fee plus CBOE’s Tier execution fee for OCC Clearing TPH Commission will post all comments on Appointment fee for SPX. Proprietary users (as previously noted, the Commission’s Internet Web site an additional $0.10 per contract B. Self-Regulatory Organization’s (http://www.sec.gov/rules/s sro.shtml). licensing surcharge fee would also be Statement on Burden on Competition Copies of the submission, all subsequent applied to each OCC Clearing TPH amendments, all written statements Proprietary execution) is reasonable The Exchange does not believe that with respect to the proposed rule because it corresponds to a comparable the proposed rule change will impose change that are filed with the any burden on competition that is not 9 15 U.S.C. 78f(b). necessary or appropriate in furtherance 11 15 U.S.C. 78s(b)(3)(A)(ii). 10 15 U.S.C. 78f(b)(4). of purposes of the Act. 12 17 CFR 240.19b–4(f)(2).

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Commission, and all written • Estimated Number of Responses: Dated: August 30, 2011. communications relating to the 150,000. Edward J. Ramotowski, proposed rule change between the • Average Hours per Response: 1 Deputy Assistant Secretary, Acting Bureau Commission and any person, other than hour. of Consular Affairs, Department of State. those that may be withheld from the • Total Estimated Burden: 150,000. [FR Doc. 2011–25745 Filed 10–6–11; 8:45 am] public in accordance with the • Frequency: Once per respondent. BILLING CODE 4710–06–P provisions of 5 U.S.C. 552, will be • Obligation to Respond: Required to available for Web site viewing and Obtain or Retain a Benefit. printing in the Commission’s Public DEPARTMENT OF STATE Reference Room on official business DATES: Submit comments to the Office [Public Notice 7638] days between the hours of 10 a.m. and of Management and Budget (OMB) for 3 p.m. Copies of such filing also will be up to 30 days from October 7, 2011. Designation of Ibrahim ‘Awwad available for inspection and copying at ADDRESSES: Direct comments to the Ibrahim ‘Ali al-Badri, Also Known as the principal offices of the Exchange. Department of State Desk Officer in the Dr. Ibrahim ‘Awwad Ibrahim ‘Ali al- All comments received will be posted Office of Information and Regulatory Badri, Also Known as Ibrahim ‘Awad without change; the Commission does Affairs at the Office of Management and Ibrahim al-Badri al-Samarrai, Also not edit personal identifying Budget (OMB). You may submit Known as Ibrahim Awwad Ibrahim al- information from submissions. You comments by the following methods: Samarra’I, Also Known as Dr. Ibrahim should submit only information that • E-mail: Awwad Ibrahim al-Samarra’I, Also you wish to make available publicly. All [email protected]. You Known as Abu Du’a, Also Known as submissions should refer to File must include the DS form number, Dr. Ibrahim, Also Known as Abu Bakr Number SR–C2–2011–026, and should information collection title, and OMB al-Baghdadi al-Husayni al-Quraishi, be submitted on or before October 28, control number in the subject line of Also Known as Abu Bakr al-Baghdadi 2011. your message. al-Husseini al-Qurashi, Also Known as For the Commission, by the Division of • Fax: 202–395–5806. Attention: Desk Abu Bakr al-Husayni al-Baghdadi, Also Trading and Markets, pursuant to delegated Officer for Department of State. Known as Abu Bakr al-Baghdadi, as a authority.13 Specially Designated Global Terrorist FOR FURTHER INFORMATION CONTACT: You Elizabeth M. Murphy, Pursuant to Section 1(b) of Executive may obtain copies of the proposed Secretary. Order 13224, as Amended information collection and supporting [FR Doc. 2011–25960 Filed 10–6–11; 8:45 am] documents from Stefanie Claus of the Acting under the authority of and in BILLING CODE 8011–01–P Office of Visa Services, U.S. Department accordance with section 1(b) of of State, 2401 E. Street, NW., L–603, Executive Order 13224 of September 23, Washington, DC 20522, who may be 2001, as amended by Executive Order DEPARTMENT OF STATE reached at (202) 663–2910. 13268 of July 2, 2002, and Executive [Public Notice: 7636] SUPPLEMENTARY INFORMATION: Order 13284 of January 23, 2003, I • Evaluate whether the proposed hereby determine that the individual 30-Day Notice of Proposed Information known as Ibrahim ‘Awwad Ibrahim ‘Ali information collection is necessary to Collection: DS–157, Supplemental al-Badri, also known as Dr. Ibrahim properly perform our functions. Nonimmigrant Visa Form, OMB Control • ‘Awwad Ibrahim ‘Ali al-Badri, also Number 1405–0134 Evaluate the accuracy of our known as Ibrahim ‘Awad Ibrahim al- estimate of the burden of the proposed Badri al-Samarrai, also known as ACTION: Notice of request for public collection, including the validity of the Ibrahim Awwad Ibrahim al-Samarra’i, comment and submission to OMB of methodology and assumptions used. also known as Dr. Ibrahim Awwad • proposed collection of information. Enhance the quality, utility, and Ibrahim al-Samarra’i, also known as clarity of the information to be Abu Du’a, also known as Dr. Ibrahim, SUMMARY: The Department of State has collected. submitted the following information also known as Abu Bakr al-Baghdadi al- • Minimize the reporting burden on collection request to the Office of Husayni al-Quraishi, also known as Abu those who are to respond, including the Management and Budget (OMB) for Bakr al-Baghdadi al-Husseini al- use of automated collection techniques approval in accordance with the Qurashi, also known as Abu Bakr al- or other forms of technology. Paperwork Reduction Act of 1995. Husayni al-Baghdadi, also known as • Title of Information Collection: Abstract of Proposed Collection Abu Bakr al-Baghdadi, committed, or Supplemental Nonimmigrant Visa poses a significant risk of committing, Any applicant legally required to Application. OMB Control Number: acts of terrorism that threaten the provide additional security and 1405–0134. security of U.S. nationals or the national • Type of Request: Extension of a background information who does not security, foreign policy, or economy of Currently Approved Collection. use the DS–160 will use the DS–157 to the United States. • Originating Office: Bureau of apply for a nonimmigrant visa. While Consistent with the determination in Consular Affairs, Department of State the DS–160 includes most questions Section 10 of Executive Order 13224 (CA/VO). listed on the DS–157, the DS–157 will that ‘‘prior notice to persons determined • Form Number: DS–157. be required for certain applicants in to be subject to the Order who might • Respondents: Nonimmigrant visa conjunction with the DS–156 in limited have a constitutional presence in the applicants legally required to provide circumstances. United States would render ineffectual the blocking and other measures additional security and background Methodology information. authorized in the Order because of the • Estimated Number of Respondents: The DS–157 is completed by ability to transfer funds 150,000. applicants online or, in exceptional instantaneously,’’ I determine that no circumstances, in hard copy at the time prior notice needs to be provided to any 13 17 CFR 200.30–3(a)(12). of the interview. person subject to this determination

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who might have a constitutional regulations (14 Code of Federal make such a request by checking the presence in the United States, because Regulation [CFR] part 136, Subpart B, box ‘‘keep my contact information to do so would render ineffectual the National Parks Air Tour Management). private.’’ Such requests will be honored measures authorized in the Order. Per section 40128(b)(1)(B) of NPATMA, to the extent allowable by law, but you This notice shall be published in the the objective of an ATMP shall be to should be aware that pursuant to the Federal Register. develop acceptable and effective Freedom of Information Act, your name Dated: August 18, 2011. measures to mitigate or prevent and address may be disclosed. We will Hillary Rodham Clinton, significant adverse impacts, if any, of make all submissions from Secretary of State. commercial air tour operations upon the organizations, businesses, and from natural and cultural resources, visitor individuals identifying themselves as [FR Doc. 2011–26022 Filed 10–6–11; 8:45 am] experiences and tribal lands within or representatives or officials of BILLING CODE 4710–10–P abutting GGNRA and the Seashore. It organizations or businesses available for should be noted that an ATMP has no public inspection in their entirety. authorization over other non-air-tour DEPARTMENT OF TRANSPORTATION Issued in Hawthorne, CA on September 29, operations such as military and general 2011. Federal Aviation Administration aviation. In compliance with the Larry Tonish, National Environmental Policy Act of Program Manager, Special Programs Staff, Notice of Extension of Public Scoping 1969 (NEPA) and FAA Order 1050.1E, Western-Pacific Region. Comment Period for the Air Tour an Environmental Assessment (EA) is [FR Doc. 2011–25906 Filed 10–6–11; 8:45 am] Management Plan Program at Golden being prepared. BILLING CODE 4910–13–P Gate National Recreation Area, San The FAA has granted Interim Francisco Maritime National Historical Operating Authority (IOA) to two Park and Point Reyes National commercial air tour operators to DEPARTMENT OF TRANSPORTATION Seashore conduct air tours over GGNRA, SF Maritime NHP, and the Seashore. Federal Highway Administration AGENCY: Federal Aviation The FAA and NPS are now inviting Administration (FAA), DOT. the public, agencies, tribes, and other Notice of Final Federal Agency Actions ACTION: Notice of extension of public interested parties to provide comments, on a Local Arterial in California scoping comment period for the Air suggestions, and input on the scope of AGENCY: Federal Highway Tour Management Plan Program at issues and range of alternatives to be Administration (FHWA), DOT. Golden Gate National Recreation Area, addressed in the environmental process. ACTION: Notice of Limitation on Claims San Francisco Maritime National DATES: By this notice, the FAA is for Judicial Review of Actions by Historical Park and Point Reyes extending the public scoping comment Caltrans. National Seashore. period for the EA for the individual SUMMARY: This notice announces actions This notice extends the public ATMPs at GGNRA and SF Maritime taken by the California Department of scoping comment period for the Air NHP, and the Seashore. The original Transportation (Caltrans) pursuant to its Tour Management Plan (ATMP) for date that the comment period would assigned responsibilities under 23 Golden Gate National Recreation Area end was September 28, 2011. That date U.S.C. 327 that are final within the (GGNRA) and Point Reyes National will now be extended until October 21, meaning of 23 U.S.C. 139(l)(1). The Seashore (the Seashore) that was 2011. FOR FURTHER INFORMATION CONTACT: actions relate to a proposed highway published in the Federal Register on project—Grand Avenue Widening July 28, 2011 (76 FR 45312). The Keith Lusk—Mailing address: P.O. Box 92007, Los Angeles, California 90009– Project, City of Santa Ana, in the County original date that the comment period of Orange, State of California. Those would end was September 28, 2011. 2007. Telephone: (310) 725–3808. Street address: 15000 Aviation Boulevard, actions grant licenses, permits, and During that time the National Park approvals for the project. Service (NPS) Planning, Environment Lawndale, California 90261. Written DATES: By this notice, Caltrans is and Public Comment Web site (PEPC) comments on the scope of the EA advising the public of final agency experienced some technical should be submitted electronically via actions subject to 23 U.S.C. 139(l)(1). A complications that made it difficult for the electronic public comment form on claim seeking judicial review of the everyone’s comments to be captured on the NPS Planning, Environment and Federal agency actions on the highway the system. That public scoping Public Comment Web site at: http:// project will be barred unless the claim comment period date will now be parkplanning.nps.gov/BayArea_ATMP is filed on or before April 4, 2012. If the extended until October 21, 2011. or sent to the mailing address above. Federal law that authorizes judicial The FAA, with NPS as a cooperating SUPPLEMENTARY INFORMATION: A public review of a claim provides a time period agency, has initiated development of scoping packet that describes the project of less than 180 days for filing such ATMPs for GGNRA and the Seashore. in greater detail is available at: claim, then that shorter time period still The ATMP for GGNRA will include • http://parkplanning.nps.gov/ applies. Muir Woods National Monument and BayArea_ATMP. Fort Point National Historic Site, both • http://www.faa.gov/about/ FOR FURTHER INFORMATION CONTACT: directly managed by GGNRA, and the office_org/headquarters_offices/arc/ Charles Baker, Senior Environmental San Francisco Maritime National programs/air_tour_management_plan/. Planner, California Department of Historical Park (SF Maritime NHP), an Notice Regarding FOIA: Individuals Transportation, 3347 Michelson Drive, independently managed national park may request that their name and/or Suite 100, Irvine, CA 92612–1692; office unit adjacent to GGNRA. address be withheld from public hours Monday through Friday, 8 a.m. to The ATMPs are being developed disclosure. If you wish to do this, you 5 p.m., (949) 724–2552; and _ pursuant to the National Parks Air Tour must state this prominently at the Charles [email protected]. Management Act (NPATMA) of 2000 beginning of your comment. SUPPLEMENTARY INFORMATION: Notice is (Pub. L. 106–181) and it’s implementing Commentators using the Web site can hereby given that Caltrans, pursuant to

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its assigned responsibilities under 23 Populations and Low Income its final rule concerning EOBRs on April U.S.C. 327 has taken final agency Populations. 5, 2010 (75 FR 17208), but subsequently actions subject to 23 U.S.C. 139(l)(1) by (Catalog of Federal Domestic Assistance vacated by the United States Court of approving the following highway Program Number 20.205, Highway Planning Appeals for the Seventh Circuit project in the State of California: The and Construction. The regulations (Seventh Circuit), and will provide project proposes to widen a segment of implementing Executive Order 12372 suggestions to address stakeholder Grand Avenue between First Street and regarding intergovernmental consultation on concerns about new specifications. Fourth Street in the City of Santa Ana Federal programs and activities apply to this program.) FOR FURTHER INFORMATION CONTACT: Ms. from two to three lanes of through travel Shannon L. Watson, Senior Adviser to and to provide left-turn and right-turn Authority: 23 U.S.C. 139(l)(1). the Associate Administrator for Policy, lanes at major intersections, and install Issued on: October 3, 2011. Federal Motor Carrier Safety a raised landscaped center median. The Jacob Waclaw, Administration, U.S. Department of actions by Caltrans, and the laws under Senior Transportation Engineer, Local Agency Transportation, 1200 New Jersey which such actions were taken, are Programs, Federal Highway Administration, Avenue, SE., Washington, DC 20590, described in the Final Environmental Los Angeles, CA. (202) 385–2395, [email protected]. Assessment (FEA) and Finding of No [FR Doc. 2011–25982 Filed 10–6–11; 8:45 am] SUPPLEMENTARY INFORMATION: Significant Impact (FONSI) for the BILLING CODE 4910–RY–P project, both approved on September 1, I. Background 2011, and in other documents in Caltrans’ project records. The FEA and DEPARTMENT OF TRANSPORTATION MCSAC other project records are available by Section 4144 of the Safe, Accountable, contacting the California Department of Federal Motor Carrier Safety Flexible, Efficient Transportation Equity Transportation at the address provided Administration Act: A Legacy for Users (SAFETEA–LU) above. This notice applies to all agency [Docket No. FMCSA–2006–26367] (Pub. L. 109–59, 119 Stat. 1144, August decisions as of the issuance date of this 10, 2005) required the Secretary of notice and all laws under which such Motor Carrier Safety Advisory Transportation to establish a Motor actions were taken, including but not Committee Series of Public Carrier Safety Advisory Committee. The limited to: Subcommittee Meetings committee provides advice and 1. General: National Environmental recommendations to the FMCSA AGENCY: Federal Motor Carrier Safety Policy Act (NEPA) [42 U.S.C. 4321– Administrator on motor carrier safety Administration (FMCSA), DOT. 4351]; Federal-Aid Highway Act programs and regulations and operates (FAHA) [23 U.S.C. 109 and 23 U.S.C. ACTION: Notice of meeting. in accordance with the Federal 128]. SUMMARY: The FMCSA’s Motor Carrier Advisory Committee Act (5 U.S.C. App 2. Air: Clean Air Act (CAA) [42 U.S.C. Safety Advisory Committee (MCSAC) 2). 7401–7671(q)]. will hold working group and EOBRs 3. Land: Section 4(f) of the subcommittee meetings on Monday– Department of Transportation Act of Thursday, October 24–27, 2011. The On April 5, 2010, FMCSA issued a 1966 (4f) [49 U.S.C. 303]. meetings will be open to the public for final rule that required the use of EOBRs 4. Wildlife: Endangered Species Act their duration. During the first two days, by motor carriers with significant hours- (ESA) [16 U.S.C. 1531–1544 and Section Monday–Tuesday, October 24–25, 2011, of-service violations, as determined 1536]; Migratory Bird Treaty Act a working group of the subcommittee through an on-site enforcement (MBTA) [16 U.S.C. 703–712]. will discuss with FMCSA technical intervention (75 FR 17208). The rule 5. Historic and Cultural Resources: specifications related to wireless also set forth new technical Section 106 of the National Historic communications protocols that may be requirements or functional Preservation Act of 1966, as amended needed to ensure successful and secure specifications for EOBRs used in lieu of (106) [16 U.S.C. 470(f) et seq.]; transmission of data from electronic on- handwritten RODS. The compliance Archeological Resources Protection Act board recorders (EOBRs) to enforcement date for the rule was June 4, 2012. of 1977 (ARPA) [16 U.S.C. 470(aa)– officials. The next two days, The Owner-Operator Independent 470(ll)]; Archeological and Historic Wednesday–Thursday, October 26–27, Drivers Association (OOIDA) filed a Preservation Act (AHPA) [16 U.S.C. 2011, will be devoted to a meeting of the petition for judicial review of the EOBR 469–469(c)]. full MCSAC EOBR subcommittee. The final rule with the Seventh Circuit. On 6. Social and Economic: Civil Rights working group and subcommittee will August 26, 2011, the Seventh Circuit Act of 1964 (Civil Rights) [42 U.S.C. discuss technical issues the full MCSAC vacated the final rule because the 2000(d)–2000(d)(1)]. should consider in providing input to Agency failed to consider a statutory 7. Wetlands and Water Resources: the Agency as it develops functional mandate to ‘‘ensure that [EOBRs] are not Clean Water Act (Section 404, Section specifications for EOBRs used in lieu of used to harass vehicle operators’’ (49 401, Section 319) [33 U.S.C. 1251– handwritten records of duty status U.S.C. 31137(a)). [Owner-Operator 1377]; Rivers and Harbors Act of 1899 (RODS). Indep. Drivers Ass’n., et al. v. Fed. (RHA) [33 U.S.C. 401–406]; Wetlands Time and Dates: The meetings will be Motor Carrier Safety Admin., No. 10– Mitigation (Sections 103 and 133) [23 held Monday–Thursday, October 24–27, 2340 (7th Cir. 2011).] U.S.C. 103(b)(6)(M) and 133(b)(11)]. 2011, from 8:30 am to 5 pm, E.T. at the The Agency will not appeal the 8. Executive Orders: E.O. 11990 Sheraton Crystal City, 1800 Jefferson court’s decision and will issue a final Protection of Wetlands; E.O. 11988 Davis Highway, Arlington, VA, 22202, rule at a later date to remove all Floodplain Management; E.O. 11514 in meeting rooms Crystal V and VI. regulatory text from the Code of Federal Protection and Enhancement of Matters To Be Considered: The Regulations related to the vacated April Environmental Quality; E.O. 12898, subcommittee will continue its review 5, 2010, final rule. However, the Federal Actions to Address of the functional specifications for MCSAC subcommittee will continue its Environmental Justice in Minority EOBRs published by FMCSA as part of review of the technical specifications

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pertaining to EOBRs published on April Ground Floor, Room W12–140, According to GRYR, it believes that 5, 2010 (75 FR 17208). Washington, DC 20590–0001. the line does not contain Federally Hand Delivery or Courier: West granted rights-of-way. Any MCSAC Subcommittee (EOBR Technical Building, Ground Floor, Room W12– documentation in GRYR’s possession Issues) 140, 1200 New Jersey Avenue, SE., regarding the line will be made During the MCSAC’s June 20–22, between 9 a.m. and 5 p.m. ET, Monday available promptly to those requesting 2011, public meeting, FMCSA tasked through Friday except Federal holidays. it. the group to review the functional Fax: 202–493–2251. The interest of railroad employees specifications included in the April 5, Do not submit the same comment by will be protected by the conditions set 2010, final rule and provide suggestions more than one method. To allow forth in Oregon Short Line Railroad— to address stakeholder concerns about effective public participation before the Abandonment Portion Goshen Branch the technical requirements for EOBRs. A comment period deadline, FMCSA Between Firth & Ammon, In Bingham & copy of the task statement and all encourages use of the Web site listed Bonneville Counties, Idaho, 360 I.C.C. MCSAC materials related to the above (Federal eRulemaking Portal: 91 (1979). assignment are posted at http:// http://www.regulations.gov). By issuance of this notice, the Board mcsac.fmcsa.dot.gov. The Agency is instituting an exemption proceeding assigned this task to the MCSAC after III. Services for Individuals With pursuant to 49 U.S.C. 10502(b). A final making a preliminary determination Disabilities decision will be issued by January 6, that additional information would be For assistance with services for 2012. needed to ensure that roadside individuals with disabilities or to Any offer of financial assistance inspection officials are able to obtain request special assistance, please send (OFA) under 49 CFR 1152.27(b)(2) will and/or retrieve EOBR data in order to your request to the address listed in the be due no later than 10 days after assess drivers’ compliance with the FOR FURTHER INFORMATION CONTACT service of a decision granting the HOS regulations. After the 2010 final section of this notice, or e-mail your petition for exemption. Each OFA must rule was published, stakeholders in the request to [email protected] by be accompanied by a $1,500 filing fee. CMV safety enforcement and EOBR Friday, October 14. See 49 CFR 1002.2(f)(25). supplier communities urged that certain All interested persons should be Issued on: September 30, 2011. requirements of the rule be revisited. aware that, following abandonment of Some communications methods that Larry W. Minor, rail service and salvage of the line, the were presumed to be viable when the Associate Administrator for Policy. line may be suitable for other public rule was developed appear less [FR Doc. 2011–25916 Filed 10–6–11; 8:45 am] use, including interim trail use. Any appropriate now as technology and BILLING CODE 4910–EX–P request for a public use condition under government information technology 49 CFR 1152.28 or for trail use/rail security standards have evolved. banking under 49 CFR 1152.29 will be The MCSAC established a DEPARTMENT OF TRANSPORTATION due no later than October 27, 2011. Each subcommittee to explore these complex trail request must be accompanied by a issues. The subcommittee’s meetings Surface Transportation Board $250 filing fee. See 49 CFR were announced in the Federal Register [Docket No. AB 1087X] 1002.2(f)(27). and open to all interested parties [(76 All filings in response to this notice FR 38268), June 29, 2011)]. Following Grenada Railway LLC—Abandonment must refer to Docket No. AB 1087X, and its October 27, 2011 session, the Exemption—in Grenada, Montgomery, must be sent to: (1) Surface subcommittee will submit its report to Carroll, Holmes, Yazoo and Madison Transportation Board, 395 E Street, SW., the full MCSAC. The MCSAC will Counties, MS Washington, DC 20423–0001; and (2) review and discuss the subcommittee’s Fritz R. Kahn, Fritz R. Kahn, P.C., 1920 report at MCSAC’s December 2011 On September 20, 2011, Grenada N Street, NW. (8th Floor), Washington, public meeting and submit to the Railway LLC (GRYR) filed with the DC 20036. Replies to the petition are Agency its recommendations Surface Transportation Board (Board) a due on or before October 27, 2011. concerning functional specifications. petition under 49 U.S.C. 10502 for Persons seeking further information The Agency will consider the MCSAC exemption from the provisions of 49 concerning abandonment procedures report in any future rulemaking to re- U.S.C. 10903 to abandon the southern may contact the Board’s Office of Public establish functional specifications for segment of its line of railroad between Assistance, Governmental Affairs and EOBRs. milepost 622.5 near Grenada, Miss., and Compliance at (202) 245–0238 or refer milepost 703.8 near Canton, Miss., a to the full abandonment or II. Meeting Participation distance of 81.3 miles, in Grenada, discontinuance regulations at 49 CFR The meetings will be open to the Montgomery, Carroll, Holmes, Yazoo 1152. Questions concerning public for their duration. Public and Madison Counties, Miss.1 The line environmental issues may be directed to comments may be heard beginning at traverses United States Postal Service the Board’s Office of Environmental 4:30 pm on each meeting day. Zip Codes 38960, 38926, 38925, 38967, Analysis (OEA) at (202) 245–0305. You may submit written comments 39176, 39192, 39063, 39079, 39146, and Assistance for the hearing impaired is identified by Docket ID Number 39179, and includes the stations of Tie available through the Federal FMCSA–2006–26367 by Friday, October Plant, Elliott, Duck Hill, Eskridge, Information Relay Service (FIRS) at 1– 14, 2011, for the October 24–27 meeting Winona, Vaiden, West, Durant, 800–877–8339. using any of the following methods: Goodman, Pickens, and Vaughan. An environmental assessment (EA) (or Federal eRulemaking Portal: http:// environmental impact statement (EIS), if www.regulations.gov. Follow the online 1 GRYR acquired this line from the Illinois necessary) prepared by OEA will be instructions for submitting comments. Central Railroad Company in Grenada Railway, served upon all parties of record and LLC—Acquisition and Operation Exemption— Mail: Docket Management Facility: Illinois Central Railroad Company and Waterloo upon any agencies or other persons who U.S. Department of Transportation, 1200 Railway Company, Docket No. FD 35247 (STB commented during its preparation. New Jersey Avenue, SE., West Building, served May 29, 2009). Other interested persons may contact

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OEA to obtain a copy of the EA (or EIS). commitments will be required as part of Washington, DC 20219. In addition, EAs in these abandonment proceedings the instant transaction. comments may be sent by fax to (202) normally will be made available within If the verified notice contains false or 874–5274, or by electronic mail to 60 days of the filing of the petition. The misleading information, the exemption [email protected]. You can deadline for submission of comments on is void ab initio. Petitions to revoke the inspect and photocopy the comments at the EA generally will be within 30 days exemption under 49 U.S.C. 10502(d) the OCC, 250 E Street, SW., Washington, of its service. may be filed at any time. The filing of DC 20219. You can make an Board decisions and notices are a petition to revoke will not appointment to inspect the comments available on our Web site at http:// automatically stay the effectiveness of by calling (202) 874–5043. For security www.stb.dot.gov. the exemption. Stay petitions must be reasons, the OCC requires that visitors Decided: October 3, 2011. filed no later than October 17, 2011 (at make an appointment to inspect least 7 days before the exemption comments. You may do so by calling By the Board. becomes effective). (202) 874–4700. Upon arrival, visitors Rachel D. Campbell, An original and 10 copies of all will be required to present valid Director, Office of Proceedings. pleadings, referring to Docket No. FD government-issued photo identification Jeffrey Herzig, 35545, must be filed with the Surface and to submit to security screening in Clearance Clerk. Transportation Board, 395 E Street, SW., order to inspect and photocopy [FR Doc. 2011–25970 Filed 10–6–11; 8:45 am] Washington, DC 20423–0001. In comments. BILLING CODE 4915–01–P addition, a copy of each pleading must Additionally, you should send a copy be served on Eric M. Hocky, Thorp Reed of your comments to OCC Desk Officer, & Armstrong, LLP, One Commerce 1557–0301, by mail to U.S. Office of DEPARTMENT OF TRANSPORTATION Square, 2005 Market Street, Suite 1000, Management and Budget, 725 17th Philadelphia, PA 19103. Street, NW., #10235, Washington, DC Surface Transportation Board Board decisions and notices are 20503, or by fax to (202) 395–6974. available on our Web site at http:// FOR FURTHER INFORMATION CONTACT: You [Docket No. FD 35545] www.stb.dot.gov. can request additional information or a copy of the collection from Ira L. Mills, Finger Lakes Railway Corp.— Decided: October 3, 2011. (202) 874–6055, Legislative and Acquisition and Operation By the Board. Regulatory Activities Division (1557– Exemption—CSX Transportation, Inc. Rachel D. Campbell, 0202), Office of the Comptroller of the Finger Lakes Railway Corp. (FGLK), a Director, Office of Proceedings. Currency, 250 E Street, SW., Class III carrier, has filed a verified Jeffrey Herzig, Washington, DC 20219. notice of exemption under 49 CFR Clearance Clerk. SUPPLEMENTARY INFORMATION: 1150.41 to acquire from CSX [FR Doc. 2011–25892 Filed 10–6–11; 8:45 am] The OCC is requesting comment on Transportation, Inc. (CSXT) and to BILLING CODE 4915–01–P the following information collection: operate a 0.73-mile line of railroad Title: Electronic Operations. extending between milepost QCS 2.88 OMB Control No.: 1557–0301. and milepost QCS 3.61 near Solvay, DEPARTMENT OF THE TREASURY Description: On July 21, 2010, Onondaga County, N.Y., and lease from President Barack Obama signed into law CSXT the underlying real property.1 Office of the Comptroller of the the Dodd-Frank Wall Street Reform and FGLK certifies that its projected Currency Consumer Protection Act, Public Law annual revenues as a result of the 111–203, 124 Stat. 1376 (2010) (Dodd- transaction will not result in the Proposed Information Collection; Frank Act). As part of the creation of a Class II or Class I rail Submission for OMB Review comprehensive package of financial regulatory reform measures enacted, carrier. However, because its projected AGENCY: Office of the Comptroller of the annual revenues will exceed $5 million, Title III of the Dodd-Frank Act provides Currency (OCC), Treasury. for the transfer of the powers, FGLK also has certified to the Board that ACTION: Notice and request for comment. authorities, rights and duties of the that it has complied with the employee Office of Thrift Supervision (OTS) to notice requirements of 49 CFR SUMMARY: The OCC, as part of its other banking agencies, including the 1150.42(e). Pursuant to that provision, continuing effort to reduce paperwork OCC, as of the transfer date, July 21, the exemption may not become effective and respondent burden, invites the 2011. The Dodd-Frank Act also until 60 days from the August 25, 2011 general public and other Federal abolishes the OTS ninety days after the date of certification to the Board, which agencies to take this opportunity to transfer date. As a result of these would be October 24, 2011. Thus, FGLK comment on a continuing information transfers under the Dodd-Frank Act, the may consummate the transaction and collection, as required by the Paperwork OCC is transferring the burden from commence operating the line on or after Reduction Act of 1995. Currently, the OTS’s Electronic Operations collection that date. OCC is soliciting comment concerning a (OMB Control Nos. 1550–0095) to this In its notice, FGLK states that it will renewal of an existing collection titled collection. continue to interchange traffic with ‘‘Electronic Operations.’’ The OCC also This information collection facilitates CSXT. FGLK further states that there are is giving notice that the collection has the OCC’s ability to identify industry no interchange commitments with been submitted to OMB for review. technology trends and better understand respect to its existing interchange with DATES: You should submit written emerging technologies. The information CSXT, and that no interchange comments by: November 7, 2011. is collected transactionally, and is used ADDRESSES: You should direct all to ensure that safety and soundness 1 FGLK states that it is also acquiring 2.17 miles written comments to: Communications requirements are being met. of track in the Solvay Yard, which is adjacent to the subject rail line, but further states that acquisition Division, Office of the Comptroller of Type of Review: Regular. of this yard track does not require Board the Currency, Mailstop 2–3, Attention: Affected Public: Businesses or other authorization. 1557–0301, 250 E Street, SW., for-profit.

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Number of Respondents: 9. ADDRESSES: Direct all written comments minimize the burden of the collection of Total Annual Responses: 9. to Yvette Lawrence, Internal Revenue information on respondents, including Frequency of Response: On occasion. Service, Room 6129, 1111 Constitution through the use of automated collection Total Annual Burden Hours: 18. Avenue, NW., Washington, DC 20224. techniques or other forms of information An agency may not conduct or FOR FURTHER INFORMATION CONTACT: technology; and (e) estimates of capital sponsor, and a respondent is not Requests for additional information or or start-up costs and costs of operation, required to respond to, an information copies of the form and instructions maintenance, and purchase of services collection unless the information should be directed to Allan Hopkins at to provide information. collection displays a currently valid Internal Revenue Service, Room 6129, OMB control number. On July 19, 2011, Approved: September 27, 2011. the OTS issued a notice with a 60-day 1111 Constitution Avenue, NW., Yvette Lawrence, comment period (76 FR 42768). No Washington, DC 20224, or at (202) 622– IRS Reports Clearance Officer. 6665, or through the Internet at comments were received. Comments [FR Doc. 2011–25948 Filed 10–6–11; 8:45 am] [email protected]. continue to be invited on: BILLING CODE 4830–01–P (a) Whether the collection of SUPPLEMENTARY INFORMATION: information is necessary for the proper Title: Orphan Drug Credit. performance of the functions of the OMB Number: 1545–1505. DEPARTMENT OF THE TREASURY agency, including whether the Form Number: 8820. information shall have practical utility; Abstract: Filers use this form to elect Internal Revenue Service (b) The accuracy of the agency’s to claim the orphan drug credit, which estimate of the burden of the collection is 50% of the qualified clinical testing Proposed Collection; Comment of information; expenses paid or incurred with respect Request for Form 8693 (c) Ways to enhance the quality, to low or unprofitable drugs for rare AGENCY: Internal Revenue Service (IRS), utility, and clarity of the information to diseases and conditions, as designated Treasury. be collected; under section 526 of the Federal Food, (d) Ways to minimize the burden of ACTION: Notice and request for Drug, and Cosmetic Act. Current comments. the collection on respondents, including Actions: There are no changes being through the use of automated collection made to the form at this time. SUMMARY: The Department of the techniques or other forms of information Type of Review: Extension of a Treasury, as part of its continuing effort technology; and currently approved collection. to reduce paperwork and respondent (e) Estimates of capital or start-up Affected Public: Business or other for- burden, invites the general public and costs and costs of operation, profit organizations. other Federal agencies to take this maintenance, and purchase of services Estimated Number of Respondents: opportunity to comment on proposed to provide information. 67. and/or continuing information Dated: October 3, 2011. Estimated Time per Respondent: 3 collections, as required by the Michele Meyer, hours, 58 minutes. Paperwork Reduction Act of 1995, Assistant Director, Legislative & Regulatory Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. Activities Division. Hours: 266. 3506(c)(2)(A)). Currently, the IRS is [FR Doc. 2011–26012 Filed 10–6–11; 8:45 am] The following paragraph applies to all soliciting comments concerning Form BILLING CODE 4810–33–P of the collections of information covered 8693, Low-Income Housing Credit by this notice: Disposition Bond. An agency may not conduct or DATES: Written comments should be sponsor, and a person is not required to DEPARTMENT OF THE TREASURY received on or before December 6, 2011, respond to, a collection of information to be assured of consideration. Internal Revenue Service unless the collection of information displays a valid OMB control number. ADDRESSES: Direct all written comments Proposed Collection; Comment Books or records relating to a collection to Yvette Lawrence, Internal Revenue Request for Form 8820 of information must be retained as long Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. AGENCY: Internal Revenue Service (IRS), as their contents may become material FOR FURTHER INFORMATION CONTACT: Treasury. in the administration of any internal Requests for additional information or ACTION: Notice and request for revenue law. Generally, tax returns and copies of the form and instructions comments. tax return information are confidential, as required by 26 U.S.C. 6103. should be directed to Allan Hopkins at SUMMARY: The Department of the Request for Comments: Comments Internal Revenue Service, Room 6129, Treasury, as part of its continuing effort submitted in response to this notice will 1111 Constitution Avenue, NW., to reduce paperwork and respondent be summarized and/or included in the Washington, DC 20224, or at (202) 622– burden, invites the general public and request for OMB approval. All 3179, or through the Internet at other Federal agencies to take this comments will become a matter of [email protected]. opportunity to comment on proposed public record. Comments are invited on: SUPPLEMENTARY INFORMATION: and/or continuing information (a) Whether the collection of Title: Low-Income Housing Credit collections, as required by the information is necessary for the proper Disposition Bond. Paperwork Reduction Act of 1995, performance of the functions of the OMB Number: 1545–1029. Public Law 104–13 (44 U.S.C. agency, including whether the Form Number: 8693. 3506(c)(2)(A)). Currently, the IRS is information shall have practical utility; Abstract: Section 42(j)(6) of the soliciting comments concerning Form (b) the accuracy of the agency’s estimate Internal Revenue Code states that when 8820, Orphan Drug Credit. of the burden of the collection of a taxpayer disposes of a building (or an DATES: Written comments should be information; (c) ways to enhance the interest therein) on which the low- received on or before December 6, 2011 quality, utility, and clarity of the income housing credit has been to be assured of consideration. information to be collected; (d) ways to claimed, the taxpayer may post a bond

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in lieu of paying the recapture tax if the DEPARTMENT OF THE TREASURY Estimated Number of Respondents: building continues to be operated as a 414. qualified low-income building for the Internal Revenue Service Estimated Time per Respondent: 5 remainder of the compliance period. For hours, 58 minutes. Proposed Collection; Comment 8693 is used to post a bond under Code Estimated Total Annual Burden Request for Regulation Project section 42(j)(6) to avoid recapture of the Hours: 2,471. The following paragraph applies to all low-income housing credit. AGENCY: Internal Revenue Service (IRS), of the collections of information covered Treasury. Current Actions: There are no changes by this notice: being made to Form 8693 at this time. ACTION: Notice and request for An agency may not conduct or Type of Review: Extension of a comments. sponsor, and a person is not required to respond to, a collection of information currently approved collection. SUMMARY: The Department of the Affected Public: Businesses or other Treasury, as part of its continuing effort unless the collection of information displays a valid OMB control number. for-profit organizations and individuals. to reduce paperwork and respondent burden, invites the general public and Books or records relating to a collection Estimated Number of Respondents: of information must be retained as long 667. other Federal agencies to take this opportunity to comment on proposed as their contents may become material Estimated Time per Respondent: 5 and/or continuing information in the administration of any internal hours, 23 minutes. collections, as required by the revenue law. Generally, tax returns and tax return information are confidential, Estimated Total Annual Burden Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. Hours: 3,589. Request for Comments: Comments 3506(c)(2)(A)). Currently, the IRS is The following paragraph applies to all submitted in response to this notice will soliciting comments concerning of the collections of information covered be summarized and/or included in the treatment of distributions to foreign by this notice: request for OMB approval. All persons. An agency may not conduct or comments will become a matter of DATES: Written comments should be sponsor, and a person is not required to public record. Comments are invited on: received on or before December 6, 2011 respond to, a collection of information (a) Whether the collection of to be assured of consideration. unless the collection of information information is necessary for the proper displays a valid OMB control number. ADDRESSES: Direct all written comments performance of the functions of the Books or records relating to a collection to Yvette Lawrence, Internal Revenue agency, including whether the information shall have practical utility; of information must be retained as long Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. (b) the accuracy of the agency’s estimate as their contents may become material of the burden of the collection of in the administration of any internal FOR FURTHER INFORMATION CONTACT: information; (c) ways to enhance the revenue law. Generally, tax returns and Requests for additional information or copies of the regulation should be quality, utility, and clarity of the tax return information are confidential, information to be collected; (d) ways to as required by 26 U.S.C. 6103. directed to Allan Hopkins, at (202) 622– 6665, or at Internal Revenue Service, minimize the burden of the collection of Request for Comments: Comments Room 6129, 1111 Constitution Avenue, information on respondents, including submitted in response to this notice will NW., Washington, DC 20224, or through through the use of automated collection be summarized and/or included in the the Internet, at techniques or other forms of information request for OMB approval. All [email protected]. technology; and (e) estimates of capital comments will become a matter of or start-up costs and costs of operation, SUPPLEMENTARY INFORMATION: public record. Comments are invited on: maintenance, and purchase of services Title: Treatment of Distributions to (a) Whether the collection of to provide information. Foreign Persons Under Sections information is necessary for the proper 367(e)(1) and 367(e)(2). Approved: September 27, 2011. performance of the functions of the OMB Number: 1545–1487. Yvette Lawrence, agency, including whether the Regulation Project Number: REG– IRS Reports Clearance Officer. information shall have practical utility; 209827–96 and REG–111672–99. [FR Doc. 2011–25949 Filed 10–6–11; 8:45 am] (b) the accuracy of the agency’s estimate Abstract: Sections 367(e)(1) and BILLING CODE 4830–01–P of the burden of the collection of 367(e)(2) provide for gain recognition on information; (c) ways to enhance the certain transfers to foreign persons quality, utility, and clarity of the under sections 355 and 332. Section DEPARTMENT OF THE TREASURY information to be collected; (d) ways to 6038B(a) requires U.S. persons minimize the burden of the collection of transferring property to foreign persons Internal Revenue Service information on respondents, including in exchanges described in sections 332 through the use of automated collection and 355 to furnish information Proposed Collection; Comment techniques or other forms of information regarding such transfers. This Request for Form 1120–F technology; and (e) estimates of capital information is used by the Internal AGENCY: Internal Revenue Service (IRS), or start-up costs and costs of operation, Revenue Service to verify whether a Treasury. maintenance, and purchase of services taxpayer is entitled to an exemption ACTION: Notice and request for to provide information. from income tax. comments. Approved: September 27, 2011. Current Actions: There is no change to this existing regulation. SUMMARY: The Department of the Yvette Lawrence, Type of Review: Extension of a Treasury, as part of its continuing effort IRS Reports Clearance Officer. currently approved collection. to reduce paperwork and respondent [FR Doc. 2011–25951 Filed 10–6–11; 8:45 am] Affected Public: Business or other for- burden, invites the general public and BILLING CODE 4830–01–P profit organizations. other Federal agencies to take this

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opportunity to comment on proposed investments, or a business, or a branch Request for Comments: Comments and/or continuing information in the U.S. The IRS uses Form 1120–F submitted in response to this notice will collections, as required by the to determine if the foreign corporation be summarized and/or included in the Paperwork Reduction Act of 1995, has correctly reported its income, request for OMB approval. All Public Law 104–13 (44 U.S.C. deductions, and tax, and to determine if comments will become a matter of 3506(c)(2)(A)). Currently, the IRS is it has paid the correct amount of tax. public record. Comments are invited on: soliciting comments concerning Form Current Actions: There are no changes (a) Whether the collection of 1120–F, U.S. Income Tax Return of a being made to the form at this time. information is necessary for the proper Type of Review: Extension of a Foreign Corporation. performance of the functions of the DATES: Written comments should be currently approved collection. Affected Public: Business or other for- agency, including whether the received on or before December 6, 2011 information shall have practical utility; to be assured of consideration. profit organizations. Estimated Number of Respondents: (b) the accuracy of the agency’s estimate ADDRESSES: Direct all written comments 127,250. of the burden of the collection of to Yvette Lawrence, Internal Revenue Estimated Time per Respondent: 68 information; (c) ways to enhance the Service, Room 6129, 1111 Constitution hours, 21 minutes. quality, utility, and clarity of the Avenue, NW., Washington, DC 20224. Estimated Total Annual Burden information to be collected; (d) ways to FOR FURTHER INFORMATION CONTACT: Hours: 8,697,023. minimize the burden of the collection of Requests for additional information or The following paragraph applies to all information on respondents, including copies of the form and instructions of the collections of information covered through the use of automated collection should be directed to Allan Hopkins at by this notice: techniques or other forms of information Internal Revenue Service, Room 6129, An agency may not conduct or 1111 Constitution Avenue, NW., sponsor, and a person is not required to technology; and (e) estimates of capital Washington, DC 20224, or at (202) 622– respond to, a collection of information or start-up costs and costs of operation, 6665, or through the Internet at unless the collection of information maintenance, and purchase of services [email protected]. displays a valid OMB control number. to provide information. SUPPLEMENTARY INFORMATION: Books or records relating to a collection Approved: September 27, 2011. Title: U.S. Income Tax Return of a of information must be retained as long Yvette Lawrence, as their contents may become material Foreign Corporation. IRS Reports Clearance Officer. OMB Number: 1545–0126. in the administration of any internal Form Number: 1120–F. revenue law. Generally, tax returns and [FR Doc. 2011–25950 Filed 10–6–11; 8:45 am] Abstract: Form 1120–F is used by tax return information are confidential, BILLING CODE 4830–01–P foreign corporations that have as required by 26 U.S.C. 6103.

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Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Black-footed Albatross as Endangered or Threatened; Proposed Rule

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DEPARTMENT OF THE INTERIOR concerning this finding to the above our December 3, 2004, letter to the address. petitioner we acknowledged the petition Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: Dr. and provided our determination that Loyal Mehrhoff, Field Supervisor, emergency listing was not warranted. 50 CFR Part 17 Pacific Islands Fish and Wildlife Office We also explained that, due to a [Docket No. FWS–R1–ES–2007–0004; MO (see ADDRESSES); by telephone at 808– significant number of listing rules due 92210–0–0008] 792–9400; or by facsimile at 808–792– in 2005 under court-approved 9581. If you use a telecommunications settlement agreements, we had Endangered and Threatened Wildlife device for the deaf (TDD), call the insufficient resources to initiate a 90- and Plants; 12-Month Finding on a Federal Information Relay Service day finding at that time. In 2007 we received funding and Petition To List the Black-footed (FIRS) at 800–877–8339. Albatross as Endangered or initiated the 90-day finding. On October SUPPLEMENTARY INFORMATION: Threatened 9, 2007, we published a 90-day petition- Background finding (72 FR 57278), in which we AGENCY: Fish and Wildlife Service, concluded the petition presented Interior. Section 4(b)(3)(B) of the Act (16 substantial scientific or commercial U.S.C. 1532 et seq.) requires us to make ACTION: Notice of 12-month petition information indicating listing of the a finding within 12 months of the date finding. black-footed albatross may be of receipt of any petition to revise the warranted, and we initiated a status SUMMARY: We, the U.S. Fish and Lists of Endangered and Threatened review. In that notice, we announced Wildlife Service (Service), announce a Wildlife and Plants, provided the the opening of a 60-day information 12-month finding on a petition to list petition contains substantial scientific collection period and invited the public the black-footed albatross (Phoebastria and commercial information that listing to submit to us any pertinent nigripes) as endangered or threatened may be warranted. In this finding, we information concerning the status of or under the Endangered Species Act of will determine that the petitioned action threats to this species. We received 1973, as amended (Act). The petitioners is: (a) Not warranted, (b) warranted, or information from 14 parties in response provided three listing options for (c) warranted, but the immediate to this notice. We also consulted with consideration by the Service: Listing the proposal of a regulation implementing recognized species experts and other black-footed albatross throughout its the petitioned action is precluded by Federal and State agencies. On August range; listing the Hawaiian Islands other pending proposals to determine 26, 2009, we announced the reopening breeding population of the black-footed whether species are threatened or of the information collection period (74 albatross as a Distinct Population endangered, and expeditious progress is FR 43092) in response to the U.S. Segment (DPS); or listing the Japanese being made to add or remove qualified Geological Survey-Biological Resources Islands breeding population of the species from the Federal Lists of Discipline (USGS–BRD) publication of black-footed albatross as a DPS. After a Endangered and Threatened Wildlife the Status Assessment of the Laysan review of the best available scientific and Plants. Section 4(b)(3)(C) of the Act and Black-Footed Albatrosses, North and commercial information, we find requires that we treat a petition for Pacific Ocean, 1923–2005 (Arata et al. that listing the black-footed albatross which the requested action is found to 2009, entire). One additional party rangewide is not warranted at this time. be warranted but precluded as though provided comments during the second We find that the Hawaiian Islands resubmitted on the date of such finding, information collection period. This breeding population and the Japanese requiring that a subsequent finding be notice constitutes the 12-month finding Islands breeding population are separate made within 12 months. We must on the petition to list the black-footed DPSs, as defined by DPS policy. publish these 12-month findings in the albatross as endangered or threatened However, we further find that neither Federal Register. with critical habitat. the Hawaiian Islands DPS nor the Previous Federal Actions Outline of This Notice Japanese Islands DPS of the black-footed albatross warrants listing at this time. On October 1, 2004, we received a In this notice, we first provide We ask the public to submit to us any petition dated September 28, 2004, from background information on the biology new information that becomes available Earthjustice on behalf of the Turtle of the black-footed albatross. Next we concerning the threats to the black- Island Restoration Network and the analyze the threat factors facing the footed albatross or its habitat at any Center for Biological Diversity, black-footed albatross throughout its time. requesting that we list the black-footed range to determine if listing under the albatross as a threatened or endangered Act is warranted. This analysis is called DATES: The finding announced in this species throughout its range, with a ‘‘Five Factor Analysis’’ because it document was made on October 7, 2011. critical habitat, or that we list either or addresses the five factors listed in ADDRESSES: This finding is available on both the Hawaiian breeding population section 4(a)(1) of the Act that are used the Internet at http:// and/or the Japanese breeding population in determining whether a species meets www.regulations.gov at Docket Number as a DPS, and that we designate critical the definition of an endangered or a FWS–R1–ES–2007–0004, and http:// habitat concurrently with listing. threatened species under the Act. For www.fws.gov/pacificislands/. Because the determination of critical each factor, we first determine whether Supporting documentation we used in habitat is not a petitionable action under any stressors, or risk factors, appear to preparing this finding is available for the Act, we did not consider the be negatively affecting black-footed public inspection, by appointment, designation of critical habitat in this albatrosses anywhere within the during normal business hours at the finding. The petition included species’ range. If we determine they are, U.S. Fish and Wildlife Service, Pacific supporting information regarding the then we evaluate whether each of these Islands Fish and Wildlife Office, 300 species’ taxonomy and ecology, risk factors, either singly or in Ala Moana Boulevard, Box 50088, historical and current distribution, combination, is resulting in population- Honolulu, Hawaii 96850. Please submit present status, potential causes of level effects. Defining a stressor to be a any new information or materials decline, and active imminent threats. In threat to the species does not

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necessarily mean the species meets the make a determination as to whether the Species Information definition of endangered or threatened. threats are impacting the species to such The black-footed albatross is a Virtually all species face some degree of a degree that the species is currently in migratory, open-ocean species whose threat from either natural or danger of extinction (endangered), or current range encompasses the seas anthropogenic sources. Rather, for the likely to become so within the from north of the Hawaiian Islands to purposes of the Act, we must consider foreseeable future (threatened), the Bering Sea (15° N to 60° N), each of the stressors and identified throughout all or a significant portion of eastward to the western coast of North threats, both individually and its range. Further details on this America, and west to the northeastern cumulatively, and make a determination evaluation are provided below in the coast of Japan (118° E to 112° W) (Figure with respect to whether the species is section Summary of Factors Affecting 1) (Awkerman et al. 2008, p. 4; Fischer endangered or threatened according to the Species. et al. 2009, p. 757). the statutory standard. That is, we must BILLING CODE 4310–55–P

BILLING CODE 4310–55–C central Pacific; other breeding colonies known as the Bonin Islands), and the Approximately 95 percent of the are found on the Japanese Islands in the Senkaku Islands (Figure 2). breeding population nests in the western Pacific in the Izu-Torishima BILLING CODE 4310–55–P Hawaiian Islands archipelago in the Islands, the Ogasawara Islands (also

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BILLING CODE 4310–55–C Union 1998 and supplements; numerous fisheries (Fernandez et al. Taxonomy and Description Integrated Taxonomic Information 2001; Hyrenbach et al. 2002; Hyrenbach System 2011), and there does not appear and Dotson 2003; Fischer 2007; Fischer The black-footed albatross is one of to be a broad scientific consensus that et al. 2009). three north Pacific species in the seabird this classification is incorrect; therefore, Black-footed albatrosses live for 40 to family Diomedeidae (albatrosses). we consider it a single species in this 50 years, and represent a classic Adults are uniformly sooty brown with finding. example of a ‘‘K-selected’’ species (i.e., a whitish ring at the base of the bill, a Life History the species is long-lived, has delayed white patch behind the eye, and white reproductive maturity, produces feathers over the base of the tail and Black-footed albatrosses range relatively few young, and is dependent undertail coverts. Birds of all ages have throughout the north Pacific (Cousins upon high annual adult survivorship). a blackish bill, legs, and feet. Fledglings and Cooper 2000, p. 12). Reports of The earliest known age for first breeding are uniformly dark brown and acquire a banded birds, casual observation, and by black-footed albatrosses is 4 years of white ring at the base of the bill and studies using satellite transmitters have age, but on average the age of first around the tail as they age (Hyrenbach revealed patterns in the use of oceanic breeding is 7 years (Cousins and Cooper 2002, p. 87). The wingspan is 76 to 85 habitats by black-footed albatrosses that 2000, p. 51). Pairs mate for life, and inches (in) (193 to 216 centimeters vary with age and breeding status, and mate loss in black-footed albatrosses can (cm)), and the average weight is 6.17 oscillate with the breeding cycle cause adults to skip up to five breeding pounds (lb) (2.30 kilograms (kg)) (Cousins and Cooper 2000, p. 12). Adult seasons prior to forming a new pair (Cousins and Cooper 2000, p. 3). No birds concentrate around the colonies (Committee on the Status of Endangered subspecies are recognized, though during egg-laying, incubation, and chick Wildlife in Canada (COSEWIC) 2007, significant genetic differentiation brooding. As chicks get older, breeding p. 33). Only one egg is laid per year, and between the Hawaiian and Japanese adults range much farther from the pairs do not attempt to renest if nesting populations has been identified (Walsh colony to reach productive foraging failure occurs (Cousins and Cooper and Edwards 2005, pp. 292–294; Eda et waters. Post-breeding adults forage near 2000, p. 2). Sometimes pairs will skip a al. 2008, pp. 112–115), and further the western coast of North America, and breeding year. It is estimated that 75 research may possibly indicate that south of Alaska as far west as the percent of black-footed albatrosses that taxonomic revision is warranted (Eda et Aleutian Islands. Black-footed fledged a chick one year will go on to al. 2008, p. 115). At present the black- albatrosses use areas of coastal breed the next year, while 83 percent of footed albatross continues to be upwelling or convergence for foraging pairs that experience nest failure will classified by taxonomic authorities as a throughout the north Pacific; these breed the next year (Viggiano 2001, single species (American Ornithologists’ highly productive areas are also used by p. 59).

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Female black-footed albatrosses have the adults spend most of their time at found the greatest percentage of a high level of affinity to the nest site. sea, returning only to feed the chick stomach contents was squid species Long-term studies have shown that over (Rice and Kenyon 1962a, pp. 548–549). typically targeted by the squid and 99 percent of females return to breed on The chick-rearing stage lasts driftnet fisheries. In their analysis of the island or atoll where they hatched approximately 140 days, with fledging both Laysan and black-footed albatross and fledged (known as their natal site) occurring in mid-June to mid-July (Rice stomach contents, Sileo et al. (1990a, p. and establish their own nesting site and Kenyon 1962a, p. 562). Once 674) found that chicks consume a nearby (Rice and Kenyon 1962a, pp. fledged, the young birds remain at sea variety of plastic objects. Black-footed 532–533). Most have been found to and do not return to land for 2 to 5 years albatrosses are especially prone to return within less than 20 feet (ft) (6 (Rice and Kenyon 1962a, p. 520; inadvertently ingesting plastic because meters (m)) of the same nest site season Viggiano 2001, p. 15). plastic particles floating on or below the to season (Rice and Kenyon 1962a, p. Diet and Feeding Habitats water’s surface resemble flying fish eggs, 533). Such is their nest site fidelity that a major component of their diet. In birds banded at a particular site in 1938 Black-footed albatrosses are surface addition, flying fish eggs are often laid were found still nesting at that site 20 feeders and scavengers, generally in floating items, including plastic years later (Rice and Kenyon 1962a, p. seizing food within 3 ft (0.9 m) of the refuse, thereby increasing the chances of 533). Since the vast majority of females ocean’s surface (Brooke 2004, p. 191). inadvertent plastic ingestion (Cousins nest on the island where they The birds take prey at the surface of the and Cooper 2000, p. 5). themselves hatched (Rice and Kenyon water, and occasionally partially Nesting Sites 1962a, pp. 532–533), recolonization of submerge below the surface (Awkerman et al. 2008, p. 14). Fernandez and formerly occupied islands or atolls (that Black-footed albatross nests are most Anderson (2000, entire) used an were abandoned or where black-footed often a depression scooped out in a immersion monitor and satellite albatrosses were extirpated due to sandy substrate, surrounded by a rim of telemetry to evaluate feeding activity cataclysmic or stochastic events) and sand (Arata et al. 2009, p. 10). They are patterns during the chick-brooding colonization of new islands or atolls by usually located on exposed sandy period, when shorter foraging trips dispersing breeders is relatively rare. beaches at the beginning of the would be expected (Fernandez et al. Such events are not unknown, however. vegetation line (Cousins and Cooper For example, black-footed albatrosses 2001, p. 4). The majority of time at sea was spent flying (90.8 percent), with 2000, p. 5; Awkerman et al. 2008, p. 20; banded as nestlings on Midway Atoll most immersions less than 100 seconds Arata et al. 2009, p. 10). At Midway were later observed breeding on Kure long, indicating birds were engaged in Atoll and Tern Island (French Frigate Atoll, and other individuals are known surface foraging rather than resting Shoals) in the Hawaiian Islands, nests to have moved from their natal sites to (Fernandez and Anderson 2001, p. 580). are also located in areas with low- breed between the islands of Pearl and Immersions (presumed feeding activity) growing vegetation (Arata et al. 2009, p. Hermes Reef, French Frigate Shoals, and during this study occurred primarily 10). On the volcanic islands of Kure Atoll as well (Woodworth 1972, p. during the daytime, though some Torishima Island and the Ogasawara 96). Black-footed albatrosses presumed feeding activity did occur Islands, nests are not found on beaches, recolonized Torishima Island, the during the night. but are located at high elevations on Ogasawara Islands, and the Senkaku The diet of adult black-footed sparsely to highly vegetated exposed Islands followed cessation of World War albatrosses is composed primarily of volcanic slopes (Cousins and Cooper II military activities in the western flying fish eggs, but also includes squid, 2000, p. 5). Pacific (see Volcanic Activity, below), fish, offal, and human refuse (Brooke Breeding Distribution and pioneering attempts by black-footed 2004, p. 191). Black-footed albatrosses albatrosses to breed on Mexico’s are known to follow fishing boats and Historically, the breeding range of the Guadalupe and San Benedicto islands in are more aggressive than Laysan black-footed albatross likely extended the eastern Pacific have been reported albatrosses (Phoebastria immutabilis) in from Lehua Island (offshore of Niihau recently. scavenging fish discards (Fischer et al. Island) in the Hawaiian Islands west to Birds arrive at their nesting colonies 2009, p. 758). Harrison et al. (1983, the Senkaku Islands in the western in the central and western Pacific entire) and Gould et al. (1997, entire) Pacific. In the late nineteenth and early islands in mid- to late October (Rice and studied the food habits of the black- twentieth centuries, this range was Kenyon 1962a, p. 552; Woodward 1972, footed albatross. Harrison et al. (1983, reduced due to extirpation of the black- p. 92). Eggs are laid between mid- pp. 15–18) collected regurgitation footed albatross from entire breeding November and mid-December (Rice and samples from adult birds primarily from islands by egg and feather hunters, and Kenyon 1962a, p. 540; Woodward 1972, Laysan Island and Midway Atoll, but later by military activities on some of p. 92; Awkerman et al. 2008; Agreement also collected samples during the chick- the nesting islands in the central and on the Conservation of Albatrosses and rearing stage from Kure Atoll and western Pacific from World War II- Petrels [ACAP 2010], p. 2). Incubation French Frigate Shoals, and found the related military occupation and lasts approximately 66 days, and most contents were primarily flying fish eggs, activities (Rice and Kenyon 1962b, pp. eggs hatch by early February (Rice and squid, and crustaceans. Gould et al. 366–367; Naughton et al. 2007, p. 6). Kenyon 1962a, p. 546). Both adults take (1997, p. 550) sampled birds collected The likely historical breeding range of turns brooding the chick and attend it from drift nets in the north Pacific the black-footed albatross prior to these for approximately 1 month, after which during the nonbreeding season. They extirpation events is detailed in table 1.

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TABLE 1—SUMMARY OF THE HISTORICAL DISTRIBUTION OF BLACK-FOOTED ALBATROSS BREEDING COLONIES AND THEIR CURRENT STATUS AS EXTANT E; EXTINCT X; OR PROSPECTING P (OCCASIONAL BREEDERS SCOUTING OUT NEW NEST SITES; CONSIDERED A POSSIBLE EARLY SIGN OF RANGE EXPANSION)

Breeding colony Year cited First known reference Status

Central Pacific Islands

Northwestern Hawaiian Islands: Nihoa Island ...... 1923 ...... Wetmore 1 ...... E Necker Island ...... 1923 ...... Wetmore 1 ...... E French Frigate Shoals ...... 1923 ...... Wetmore 1 ...... E Laysan Island ...... 1923 ...... Wetmore 1 ...... E Lisianski Island ...... 1923 ...... Wetmore 1 ...... E Pearl and Hermes Reef ...... 1923 ...... Wetmore 1 ...... E Midway Atoll ...... 1923 ...... Wetmore 1 ...... E Kure Atoll ...... 1923 ...... Wetmore 1 ...... E Main Hawaiian Islands: Kaula (Kauai) ...... 1923 ...... Wetmore 1 ...... E Lehua (Kauai) ...... 1923 ...... Wetmore 1 ...... E Other: Taongi Atoll (Marshall Islands) ...... 1874 ...... Dall 1 ...... X Wake Atoll or Wake Island ...... 1841 ...... Peale 1 ...... P Minami-Torishima (Marcus Island) ...... 1902 ...... Bryon 1 ...... X Johnston Atoll ...... 1923 ...... Wetmore 1 ...... X

Western Pacific Islands

Iwo Jima (Volcano Islands) ...... 1891 ...... Seebohm 1 ...... X Izu Shoto (Torishima Island) ...... 1889 ...... Hattori 1 ...... E Ogasawara Gunto (Bonin Islands) ...... 1890 ...... Seebohm 1 ...... E Senkaku Retto (Ryukyu Shoto) ...... unknown ...... unknown ...... E

Eastern Pacific Islands

Isla Guadalupe ...... 1998 ...... Pitman & Ballance 2 ...... P San Benedicto ...... 2000 ...... Pitman & Ballance 2 ...... P 1 Referenced in Rice & Kenyon, 1962a, p.21 2 Referenced in Pitman & Ballance, 2002, p. 13.

Wake Island or Wake Atoll was first collected skin of a black-footed albatross Island, Lisianski Island, Pearl and reported as a breeding colony for black- does not denote nesting or breeding, we Hermes Reef, Midway Atoll, and Kure footed albatross in December 1841 by cannot conclude that these birds Atoll; (1b) Main Hawaiian Islands— Titian R. Peale while on a U.S. historically nested or bred on Wake Lehua Island, Kaula Island; (2) Japanese Exploring Expedition. During this Atoll. Islands (western Pacific) (2a) Izu expedition, an egg and a black-footed Present breeding populations of black- Islands—Torishima Island; (2b) albatross skin were collected; however, footed albatross occur as follows (table Ogasawara Islands (also known as the the egg was later judged, by size and 2): (1) Hawaiian Islands (central Pacific, Bonin Islands)—nine islets; (2c) shape, to be that of a Laysan and not a Hawaii archipelago) (1a) Northwestern Senkaku Islands — three islets black-footed albatross (Rice and Kenyon Hawaiian Islands—Nihoa Island, Necker (Kawakami et al. 2006, p. 187; Chiba et 1962b, p. 379). Thus, because a single Island, French Frigate Shoals, Laysan al. 2007, p. 5; Eda et al. 2008, p. 109).

TABLE 2—BLACK-FOOTED ALBATROSS POPULATION COUNTS OR ESTIMATES OF BREEDING PAIRS FROM ALL KNOWN BREEDING SITES 1993–2010 (UNITED STATES, JAPAN) (ACAP 2010, TABLE 3, P. 4; FLINT 2011A, PERS. COMM.)

Number of Breeding site Jurisdiction Last year breeding surveyed pairs

Hawaiian Islands (Central Pacific)

Northwestern Hawaiian Islands: Nihoa Island ...... United States ...... 2007 1 Necker Island ...... United States ...... 1995 112 French Frigate Shoals ...... United States ...... 2009 4,309 Laysan Island ...... United States ...... 2010 22,272 Lisianski Island ...... United States ...... 2006 2,126 Pearl and Hermes Reef ...... United States ...... 2003 6,116 Midway Atoll ...... United States ...... 2010 25,581 Kure Atoll ...... United States ...... 2010 3,486 Main Hawaiian Islands: Kaula Island (Kauai) ...... United States ...... 1993 3 1

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TABLE 2—BLACK-FOOTED ALBATROSS POPULATION COUNTS OR ESTIMATES OF BREEDING PAIRS FROM ALL KNOWN BREEDING SITES 1993–2010 (UNITED STATES, JAPAN) (ACAP 2010, TABLE 3, P. 4; FLINT 2011A, PERS. COMM.)— Continued

Number of Breeding site Jurisdiction Last year breeding surveyed pairs

Lehua Island ...... United States ...... 2007 25

Total Central Pacific ...... 64,031

Japanese Islands (Western Pacific)

Torishima Island (Izu Islands) ...... Japan ...... 2003 2,150 Ogasawara (Bonin) Islands (Muko-jima Island) ...... Japan ...... 2006 967 Ogasawara (Bonin) Islands (Haha-jima Island) ...... Japan ...... 2006 11 Senkaku Islands ...... Japan ...... 2002 56

Total Western Pacific ...... 3,184

Total Rangewide ...... 67,215 1 Survey at Kaula was done 16–17 November, 1998, which is early for nesting. Nine birds were present on the island.

As of 2010, there are no established mixed short trips near nest sites with Pacific Gyre, and spent 39, 43, and 18 breeding colonies in the Marshall long trips to the highly productive percent of their time at sea in tropical Islands or on Wake Atoll. While black- waters along the continental shelf of waters, subtropical frontal zones, and footed albatrosses have attempted to North America (Fernandez et al. 2001, subtropical waters, respectively breed at Wake Atoll on occasion, most pp. 4–7; Hyrenbach et al. 2002, pp. 288– (Hyrenbach and Dotson 2003, p. 397). nests, both with and without eggs, were 294). They foraged along the North Likewise, they spent 25, 24, and 51 subsequently abandoned, and none have Pacific Transition Zone, which percent of their time foraging in the ever successfully fledged young. Birds separates the Subarctic Domain (defined exclusive economic zones (EEZ) of the are likely prospecting the atoll for as a water mass with temperature less United States, Mexico, and the high potential nesting sites (Rauzon et al. than 50 °F (10 °C)) from the North seas, respectively (Hyrenbach and 2008, pp. 14–15) (see Marshall Islands Pacific Subtropical Gyre (a large-scale Dotson 2003, p. 397). in ‘‘Current Population Status’’ below). circular feature made up of ocean Postbreeding black-footed albatrosses Isolated attempts by black-footed currents that spiral around a central captured off the coast of Alaska ranged albatrosses to breed on the Revillagigedo point; it is made up of four large, from 60° N to 36° N, and 125° W to 180° Islands of Mexico have been reported on clockwise-rotating currents—North W (Fischer et al. 2009, p. 757). Within Guadalupe and San Benedicto islands Pacific, California, North Equatorial, this range, they spent more time in (Pitman and Ballance 2002, p. 13), but and Kuroshio)), and is characterized by continental margin waters versus there is no record of a breeding convergence fronts and high oceanic waters; within the continental population ever being established productivity (Hyrenbach et al. 2002, p. margin waters they spent equal time in (Henry 2007, pers. comm.; Hebshi 2010, 296). Overall, the adults ranged from 18° the continental shelf, shelf break, and pers. comm.). Other than one N to 48° N latitude in the north Pacific slope waters (Fischer et al. 2009, pp. unsubstantiated report of a ‘‘fully- and over a large area in the eastern 755–756). feathered chick’’ on Guadalupe Island in Pacific (121° W to 172° W longitude) 1998, there is no evidence that any (Fernandez et al. 2001, p. 4). Similar Demography and Population Resiliency young have been fledged (see Mexican results have been reported using Certain intrinsic aspects of black- Islands in ‘‘Current Population Status’’ Geographic Positioning Systems (GPS) footed albatross ecology and below). tracking of breeding birds in the Bonin demography are relevant to the species’ Islands (Kawakami et al. 2006, p. 189). status. Stable populations of K-selected Foraging Distribution During the Adults incubating eggs or brooding species, such as the black-footed Breeding Season young chicks foraged within 252 mi albatross, generally live in relatively Satellite telemetry data collected in (405 km) of the breeding site; over 90 constant (i.e., not highly variable) 1988 and 1989 indicate black-footed percent of the observations were within environments and are characterized by albatrosses forage north and northeast of 124 mi (200 km) of the colony. low annual productivity rates balanced breeding colonies in the Hawaiian with high annual survival rates, Foraging Distribution During the Islands. They tend to forage in pelagic meaning that individuals must live Nonbreeding Season (open ocean) oligotrophic (low in many years to replace themselves with dissolved nutrients and high in oxygen) During summer months offspring that survive to recruit into the waters within the vicinity of the nest (postbreeding), female black-footed breeding population. (The letter ‘‘K’’ (maximum range 188 miles (mi) (303 albatrosses captured off the coast of represents the carrying capacity of a kilometers) (km)) during the nest-guard California foraged largely along the given environment, and is also used to phase (when chicks are less than 18 transition zone between the California represent a species whose reproductive days old) (Fernandez et al. 2001, pp. 4– Current (a cold current originating in strategy is to keep a stable population 5; Hyrenbach et al. 2002, p. 288). When the northern part of the Pacific Ocean, close to the carrying capacity.) Cousins feeding older nestlings, black-footed flowing southeast along the coast of and Cooper (2000, pp. 53–54) found that albatrosses breeding on Tern Island western North America) and the North black-footed albatross population trends

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were more sensitive to changes in population was 17,800 pairs in Hawaii, Islands on Nihoa Island, Necker Island, survival than to changes in fecundity. and 200 in Japan (Arata et al. 2009, p. French Frigate Shoals, Laysan Island, Although factors that compromise 35). The current black-footed albatross Lisianski Island, Pearl and Hermes Reef, productivity can cause populations to worldwide population estimate, with Midway Atoll, and Kure Atoll. Many of decline, adult survival is often the more most recent counts from the 2010 the smaller breeding populations of important determinant of population nesting season, is approximately 67,215 black-footed albatross are not regularly size and persistence for a K-selected breeding pairs (ACAP 2010, p. 4; Flint monitored, but standardized counts and species (Cousins and Cooper 2000, p. 2011a, pers. comm.). Based on a Leslie estimates of active nests have been 53). Annual adult death rates for the matrix model, roughly 60,000 breeding conducted in the Northwestern black-footed albatross are normally very pairs were estimated to represent a total Hawaiian Islands since 1980 at French low, on the order of 3 to 8 percent (in world population of approximately Frigate Shoals and since 1991 at other words, annual adult survivorship 300,000 black-footed albatrosses, Midway Atoll and Laysan Island is about 92 to 97 percent (Cousins and including both breeding and (Naughton et al. 2007, p. 6). These three Cooper 2000, p. 50; Veran et al. 2007, nonbreeding individuals (Cousins and colonies collectively comprise 77 p. 7; Arata et al. 2009, p. 47)). If a Cooper 2000, p. 19; Niel and Lebreton percent of the global breeding sufficient number of adults are removed 2005, p. 833); the most recent counts of population of the black-footed albatross from the population prior to replacing more than 67,000 nesting pairs therefore as of 2010 (ACAP 2010, p. 4). themselves (i.e., adult survival is puts the estimated world population of Based on the latest nest count data as decreased beyond a certain threshold), black-footed albatrosses at well over of 2010, the largest colony of black- the population will decline. 300,000 individuals. footed albatrosses at 25,581 breeding Cousins and Cooper (2000) present Additionally, reduced juvenile pairs is on Midway Atoll, representing data on the number of breeding black- survivorship will also affect the approximately 40 percent of the world’s footed albatrosses from Midway Atoll, population; Cousins and Cooper (2000, breeding population. Laysan Island has Laysan Island, and French Frigate p. 53) estimated that juvenile survival of the second largest colony with 22,272 Shoals as well as the available black-footed albatrosses has to be 86 breeding pairs (approximately 35 information for all other sites percent or higher to prevent a percent of the global breeding throughout the world. An examination population decrease. Estimates of population), and French Frigate Shoals of their data indicates a stable or juvenile survivorship for the black- is the smallest of the three with 4,309 footed albatross have been more varied increasing global trend in the number of breeding black-footed albatross in the breeding pairs, or roughly 7 percent of over the years; Arata et al. (2009, p. 47) the world’s breeding pairs (Flint 2011a, report a rate as low as 0.688 for the years 1992 through 1999 (Cousins and Cooper 2000, p. 19 and Figure 19). More pers. comm.). Prior to 1997, instead of period 1963–1982, but estimate juvenile direct nest counts on Laysan Island, survivorship of 0.993 over the period recently, data presented by Arata et al. (2009, Figure 22) indicate an increasing nesting estimates were derived from 1994–2002. For French Frigate Shoals, counts on plots from a portion of the juvenile survivorship was estimated at world population of the black-footed albatross between 1923 and 2005. In island that were then extrapolated to 0.79 for the years 1994–2000 (ACAP represent total nesting area. Beginning 2010, Table 5, p. 8). All of the addition, survey data indicate populations in the Japanese Islands in 1997, the direct count method characteristics of the black-footed (counts of all nests) used at French albatross—its longevity, low have been steadily increasing (Cousins and Cooper 2000, p. 23; Hasegawa 2010, Frigate Shoals and Midway Atoll was reproductive rates, delayed sexual adopted on Laysan Island as well. An maturity, irregularity in annual pers. comm.; see Figure 4 of this document). All of these population data analysis of the nest count data from breeding, and life-long pair bonding these three regularly monitored colonies (with consequent delays in subsequent are based on counts of active nests at breeding sites. It should be noted that at Laysan Island, French Frigate Shoals, breeding if a mate is lost)—make it because only the breeding component of and Midway Atoll for the years 1998 to difficult to detect changes in population the species’ population is counted, 2009 demonstrates an increasing trend structure, particularly the recruitment of changes in population demographics on the order of 0.93 percent per year for juveniles into the population. Species that could affect the population in the the three islands combined (ACAP 2010, with such characteristics are slow to long term cannot be detected with this p. 5, Fig. 2A). Individually, the breeding exhibit population declines and are method (Viggiano 2001, p. 5). For population at Midway increased at an inherently more vulnerable to extinction example, any significant increase in average annual rate of 1.3 percent (Primack 1993, p. 102; Meffe and Carroll juvenile mortality would not be between the years 1992 and 2009 (ACAP 1994, p. 128). These intrinsic aspects of detected until years later, when these 2010, p. 7, Table 4). At French Frigate black-footed albatross ecology and birds would normally be entering the Shoals, the colony for which the longest demography signal the continuing need breeding population that is counted. In time series of data is available, the to monitor their populations, despite the the absence of more precise data, number of breeding pairs has fluctuated fact that numbers are presently stable however, these counts are generally between the years 1980 and 2009, but and the species continues to be widely used as a rough index of population overall is increasing at an average rate distributed across its range (Arata et al. numbers, and represent the best of 0.43 percent annually (ACAP 2010, p. 2009 p. 2; see ‘‘Current Population scientific information available to us. 7, Table 4). Laysan Island, however, has Status’’ below). shown a negative trend over the years Hawaiian Islands Current Population Status 1998 to 2009, decreasing at an average Roughly 95 percent of the world annual rate of 1.1 percent (ACAP 2010, Rangewide population of black-footed albatrosses p. 7, Table 4). Laysan Island formerly Feather and egg hunters decimated breed in the Hawaiian Islands. Black- supported the largest breeding black-footed albatross populations until footed albatrosses currently nest on population of black-footed albatrosses, the 1920s, and an estimate of population Lehua Island and Kaula Island off of until it was surpassed by Midway Atoll size prior to this period is not known. Kauai in the main Hawaiian Islands, in 2004 (ACAP 2010, p. 6). Figure 3 In 1923, the estimated breeding and in the Northwestern Hawaiian shows the linear trend between 1998

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and 2009 for the number of pairs nesting combined (taken from ACAP 2010, p. 6, at French Frigate Shoals, Laysan Island Figure 2). and Midway Atoll, individually and BILLING CODE 4310–55–P

BILLING CODE 4310–55–C series data from French Frigate Shoals during that time period, with an annual These trends are consistent with those are long enough to show a potential population growth rate of 0.3 percent a reported in a recent status assessment of change over time, and note that this year (Arata et al. 2009, p. 46). Although the black-footed albatross conducted by population shows positive annual positive, the authors note the observed the U.S. Geological Survey (Arata et al. population growth rates with a median growth rate of 1.003 is less than the 2009, entire). The linear regression trend for growth over the next 60 years. natural annual growth rate estimate of analysis in that report indicates a However, they also point out that significant increasing trend between the 1.035 for the species. They attribute this French Frigate Shoals represents only a years 1923 and 2005 for black-footed difference of 3.2 percent in potential small fraction of the global population albatrosses at Midway Atoll, Laysan population growth to fishery mortality and advise caution in extrapolating Island, and French Frigate Shoals (Arata et al. 2009, p. 46). In other words, combined, and no trend (stable these numbers (Arata et al. 2009, p. 50), the data indicate that the black-footed population) for the more recent time and we note further that the projected albatross population was stable or periods examined, from 1957 to 2005 growth trend is based on an implicit slightly increasing between 1955 and and 1998 to 2005 (Arata et al. 2009, p. assumption of no changes in conditions. 2003, but that it was increasing at less 29, Table 6). The divisions in time steps Arata et al. (2009) also used matrix than its potential annual growth rate. represent the earliest thorough surveys models to examine population data for Wiese and Smith (2003, pp. 34–35) of the population in 1923 and 1957, and the black-footed albatross over the time similarly concluded that the world the beginning of standardized surveys at period 1955 through 2003. These population of black-footed albatross was Midway Atoll and Laysan Island in results, summed across all three stable, with an observed annual growth 1998. The authors attribute the positive colonies at Midway Atoll, Laysan rate of 1.005 (based on demographic growth in the black-footed albatross Island, and French Frigate Shoals in the rates as published in Cousins and population, since 1923, to the cessation Northwestern Hawaiian Islands, suggest Cooper 2000 and Lewison and Crowder of poaching at nesting colonies. In the black-footed albatross population 2003), but also noted the population addition, they state that only the time- overall was stable or slightly increasing was growing at less than its estimated

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potential annual growth rate of 1.04 p. 187; Chiba et al. 2007, p. 5; Eda et population. Because of the documented (Wiese and Smith 2003, p. 33). The al. 2008, p. 109). Few data are available annual variability in nesting activity in authors cautioned that, although the specific to the breeding population of black-footed albatross breeding colonies black-footed albatross population the black-footed albatross in Japan. The and lack of other supporting appeared to be stable, this reduced Western Pacific Regional Fishery information, we believe extrapolation annual growth rate renders the Management Council (Council) from a single year of fledging success population vulnerable to changes in provided us with fledging success data to an increase in the black-footed their environment, especially in estimates for the Ogasawara Islands for albatross population trend is conjunction with sustained 2009. The Council reported 801 chicks inappropriate. However, Dr. Hiroshi anthropogenic impacts (Wiese and fledged, which is not directly Hasegawa of Toho University in Japan Smith 2003, p. 35). comparable to the 967 nesting pairs in has additionally reported that the Japanese Islands 2006 shown in table 2. They number of black-footed albatross chicks Breeding populations of black-footed extrapolated these fledgling count data reared on Torishima Island has albatross currently occur on Izu- to estimate the number of nesting pairs, increased steadily between 1957 and Torishima (Torishima) Island in the Izu and concluded approximately 1,070 2010 (Figure 4) and that the populations Islands, on nine islets in the Ogasawara black-footed albatross nesting pairs were on the Ogasawara and Senkaku Islands islands within the Bonin Island present on the Ogasawara Islands in have also increased (Hasegawa 2010, complex, and on three islets in the 2009, which they interpreted as pers. comm.). Senkaku Islands (Kawakami et al. 2006, representative of an increase in the BILLING CODE 4310–55–P

BILLING CODE 4310–55–C 1962a, pp. 379–380; Rauzon et al. 2008, based on the available information, we Marshall Islands and Wake Atoll pp. 15–16). Although a few birds have conclude that at present there is no occasionally been observed nesting on established breeding population of Black-footed albatrosses have Wake Island, any eggs laid were black-footed albatrosses on Wake Island infrequently been reported on Wake subsequently abandoned, and there or on any island, atoll, or reef in the Island, a U.S. territory in the Marshall have been no reports of black-footed nearby Marshall Islands (see Tables 2 Islands archipelago in the central albatross fledging here (Rauzon et al. and 3). Pacific, an area from which they had 2008, p. 15). These birds are attempting been extirpated by feather hunters prior to breed and may be prospecting for to World War II (Rice and Kenyon, future nesting sites on this island, but

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Mexican Islands (2005, entire), Veran et al. (2007, entire), experimental rates from black-footed There have been a handful of reports and Arata et al. (2009, entire) used the albatrosses and Laysan albatrosses, recording intermittent nesting activity nest count data collected by the Service since data for black-footed albatrosses by black-footed albatrosses on on French Frigate Shoals, Midway Atoll, were limited at the time). However, the Guadalupe and San Benedicto islands in and Laysan Island, estimates of bycatch most recent values for black-footed the Revillagigedo Island archipelago off rates from the domestic and albatross survivorship (adult the tip of Baja California, Mexico international fisheries, estimates of survivorship 0.967 and juvenile (Pitman and Ballance 2002, p. 13). In adult survival, and other population survivorship 0.993; Arata et al. 2009, p. 1999, Pitman and Ballance (2002, p. 13) parameters to analyze and project black- 47) are higher than those for Laysan recorded a single black-footed albatross footed albatross population trends. albatrosses, which were used in their Population projections specific to the models (adult survivorship 0.947 and standing among a group of Laysan Japanese breeding colonies of black- juvenile survivorship 0.57; Cousins and albatrosses on Albatross Beach on San footed albatross are not available. Cooper 2000, p. 49). Benedicto Island. In 2000, they recorded The conclusions regarding future Their models indicated the potential an adult black-footed albatross sitting on black-footed albatross population trends annual growth rate of the black-footed an egg on the rim of Herrera Crater on based on these different modeling albatross population, without any San Benedicto Island (Pitman and efforts are not easily comparable bycatch loss, is in the range of 0 to 4 Ballance 2002, p. 13). Also in 2000, but because of limited or nonexistent percent (annual growth rate, or lambda on Guadalupe Island, military personnel empirical data. The various researchers (l) of 1.0 to 1.04) (Cousins and Cooper identified a black-footed albatross consequently had to rely on various 2000, p. 56). In addition, they developed nesting area that was set apart from the assumptions, and these assumptions an estimate of potential biological Laysan albatross nesting area. They also often varied between models, as did the removal—the maximum mortality that reported seeing a ‘‘fully-feathered methods. In part due to these can be sustained before declines are chick’’ at this same site in 1998, no differences in assumptions, the observed—as 10,000 birds per year breeding in 1999, and no breeding in conclusions reached by the various (Cousins and Cooper 2000, p. 57). Based 2000, although one pair of birds was models are not consistent, making it on anecdotal evidence, they report the reported ‘‘visiting’’ the site every difficult to project the future population interactions of Japanese fisheries with afternoon in 2000 (Pitman and Ballance condition of the black-footed albatross black-footed albatross as insignificant 2002, p. 13). Apart from these reports, with certainty. Here we briefly (H. Hasegawa, Toho Univ., pers. comm., no black-footed albatross have been summarize and evaluate each of these as cited in Cousins and Cooper 2000, p. recorded nesting on either San efforts. 67). The demographic parameters and Benedicto or Guadalupe islands in the Cousins and Cooper (2000, entire) modeling efforts presented by Cousins last 10 years, although they have been investigated the population parameter and Cooper (2000, entire)) serve as the recorded visiting and possibly values available at the time of their basis for some of the predictive models prospecting for nesting sites on both analysis, evaluated changes in developed by several later researchers. islands during breeding seasons (Henry demographic rates such as adult and Lewison and Crowder (2003, entire) 2007, pers. comm.; Hebshi 2010, pers. juvenile survival, and modeled effects of developed an age-structured matrix comm.). The International Union for longline fishing activity on the black- model. They based their longline fishing Conservation of Nature (IUCN) Red List footed albatross. They reported a mean bycatch rates on published rates for the reports a population of 400 black-footed adult survivorship rate of 0.923 (range Hawaii and Alaska fisheries, and albatross exists on Guadalupe Island 0.81–0.994) over the years 1961 to 1966, estimated annual fishing effort by (IUCN Red List, http:// based on data from Midway Atoll, and international longline fleets (Lewison www.iucnredlist.org). We note this stated that this estimate of adult and Crowder 2003, pp. 774–746). Since report appears to be in error, as there is survival was based on data collected their baseline population model was a known population of approximately when the Hawaii-based longline fishing based on the demographic parameters 400 Laysan albatross on Guadalupe fleet represented only a small fraction of reported by Cousins and Cooper (2000), Island, but there are no black-footed the north Pacific fishing effort (Cousins the authors state that ‘‘double-dipping’’ albatross. In conclusion, at this time, and Cooper 2000, p. iv). They also noted (adding estimated fisheries bycatch to a there is no established breeding that this adult survivorship rate may be demographic rate that already reflects population of black-footed albatross on an underestimate (Cousins and Cooper mortality from fisheries) was not likely, either San Benedicto Island or 2000, p. 50). They estimated more based on their stated assumption that Guadalupe Island in Mexico, but birds recent adult survivorship, based on the significant fisheries mortality was not may sporadically nest there and appear years 1991–1997, as in the range of occurring during the time period when to be prospecting the islands for 0.90–0.94 (Cousins and Cooper 2000, p. the data used by Cousins and Cooper potential nesting sites (Naughton 2010, 50). were collected (mid-1970s; Lewison and pers. comm.). According to a predictive model that Crowder 2003, p. 747). The authors estimated the annual population growth assigned three levels of mortality and Population Trends and Projections rate based upon varying levels of age-based survival probabilities to Noticeable declines in nesting activity mortality and adult and juvenile evaluate the effect of longline fishing on during the 1990s generated concern for survival rates, Cousins and Cooper (p. the black-footed albatross. Population the health of the black-footed albatross 53) found black-footed albatross trajectories under all mortality levels population, and several population population trends were more sensitive resulted in projected declines over a 20- modeling efforts were undertaken to to changes in survival than fecundity, year period (Lewison and Crowder evaluate the cause of the decline and to and reported juvenile survival has to be 2003, p. 748). According to these estimate the worldwide status of the 86 percent or higher to prevent a models, mortality from longline fishing black-footed albatross. Cousins and population decrease, assuming adult exceeded the potential biological Cooper (2000, entire), Lewison and survivorship of 0.93 and fecundity of removal value developed by Cousins Crowder (2003, entire), Wiese and 0.25 fledglings per adult (note that this and Cooper (2000) (Lewison and Smith (2003, entire), Niel and LeBreton model utilized a combination of Crowder 2003, p. 748).

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The authors stated their estimates are footed albatross, reduced below its One of the key assumptions of their likely conservative, since the reported maximum potential, renders the species model was that the level of bycatch is bycatch estimates do not include the vulnerable to additional stressors, even proportional to fishing pressure; thus, estimated 30 percent of birds caught in if the species is currently abundant, and they assumed mitigation measures were fishery operations that are scavenged or they stressed the need for careful not in place to reduce incidental dislodged from the hooks prior to monitoring of colonies and the use of mortality from fisheries (Veran et al. observation, and are, therefore, not bycatch reduction measures in Canadian 2007, p. 4). Their adult survivorship counted as bycatch (Lewison and and international longline fisheries. estimates were based on capture- Crowder 2003, p. 751). In addition, they Niel and Lebreton (2005, entire) recapture data gathered between the pointed out that due to the life-history developed a model to estimate the years 1992–2003 on Tern Island in the characteristics of the black-footed annual maximal growth rate of a species Northwestern Hawaiian Islands (Veran albatross—longevity, delayed maturity, from incomplete demographic data and et al. 2007, p. 3). Their results suggested low fecundity—there is a lag in used the black-footed albatross as a case a significant negative relationship population response, and the impact of study. They applied the population between adult survival and fishing effort threats that may cause declines in adult parameters developed by Cousins and (Veran et al. 2007, p. 1). When fishing survival may not be detectable for many Cooper (2000, entire) in their model and effort was high, adult survival was years (Lewison and Crowder 2003, p. calculated a maximal annual growth estimated to be 92 percent, which the 751). The authors concluded that rate of 1.059 (Niel and Lebreton 2005, p. authors described as low compared to although declines had not been 833). Additionally, they calculated the other albatross species, and adult observed, the bycatch rates for black- potential excess growth (used as an survival was related to fishing effort in footed albatross suggested population- estimate of the maximum additional a nonlinear fashion (Veran et al. 2007, level effects were likely (Lewison and mortality the population could sustain pp. 5–7). Inspection of the adult Crowder 2003, p. 751). on an annual basis without declining) of survivorship data presented for 17 Wiese and Smith (2003, pp. 29–31) the population as 8,850 individuals. (It albatross species shows that Veran et also estimated black-footed albatross should be noted that Niel and Lebreton al.’s estimated 0.92 survivorship of the annual growth rates using an age- (2005) utilized the population black-footed albatross is on the structured matrix model based on the parameters for the Laysan albatross borderline between those albatross published demographic parameters of presented in Cousins and Cooper (2003, species that were categorized as being Cousins and Cooper (2000) and Lewison p. 49; breeding age of 8.6 years and impacted by fisheries (range 0.84 to and Crowder (2003, Table 1). However, adult survivorship of 0.947) rather than 0.91) and those not impacted by unlike Lewison and Crowder (2003), those specific to the black-footed fisheries (range 0.926 to 0.98) (Veran et they assumed incidental fishing albatross, since Cousins and Cooper al. 2007, Appendix S2). The authors mortality was already incorporated in used the parameters for the Laysan estimated annual adult survival of the adult survival rate, based on their albatross in their initial modeling efforts black-footed albatross would be observation that longline fishing has in the absence of data for the black- approximately 95 percent in the absence occurred in the north Pacific since the footed albatross (Cousins and Cooper of fishing mortality (Veran et al. 2007, mid-1900s, and thus would have been 2000, p. 49)). It is not clear why they did p. 8). in place when the data serving as the so, since Cousins and Cooper (2000, p. basis for calculating that adult survival 47) did provide an adult survivorship Veran et al. (2007, p. 9) concluded the rate were collected (Wiese and Smith estimate specific to black-footed low adult survival probability during 2003, p. 30). Wiese and Smith’s estimate albatross, but it may be because Cousins the study period, combined with the of a potential annual growth rate of 1.04 and Cooper (2000, p. 50) believed their significant correlation with longline in the absence of fisheries mortality is data likely underestimated adult fishing, suggests an anthropogenically identical to the estimate presented by survivorship of black-footed albatross. induced decline for the black-footed Cousins and Cooper (2000, p. 56). Wiese More recent estimates of black-footed albatross population. However, their and Smith’s results showed the albatross adult survivorship are 0.967 only reference to evidence of any population was stable with a stochastic for the time period 1994–2002 (Arata et decline in the breeding population is a annual intrinsic growth rate of 1.005 al. 2009, p. 47), slightly greater than the citation to unpublished data from the (range 0.990–1.018), and projected estimate of 0.947 for Laysan albatross Service for the years 1992 to 2004 annual population growth rates of 0.98– used by Niel and LeBreton (2005)). (Veran et al. 2007, p. 2); we note that 1.04 percent over a period of 20 years Based on their calculations, Niel and more recent Service data for 1998 to based on known demographic values at LeBreton (2005, p. 833) concluded the 2009 indicate the black-footed albatross the time of their analysis (Wiese and additional mortality associated with the population is not in decline, but is Smith 2003, p. 33 and Figure 4), longline fishery, based on an estimated stable or increasing at a rate of 0.93 indicating a stable population. mortality of 12,000 individuals a year percent a year (95 percent confidence In addition, the authors found their during the 1990s, has a biologically interval (CI) 0.85 to 1.00; ACAP 2010, p. model successfully fit real data significant impact on the growth 5). (The Service used data from 1998 (COSEWIC 2007, p. 29). Wiese and potential of the black-footed albatross through 2009 because it reflects direct Smith (2003, p. 35) pointed out data population. counts of breeding black-footed collected during breeding bird censuses Lacking reliable estimates of bycatch albatross on Laysan; we considered data since 1992 and subsequent population rates, Veran et al. (2007, entire) from 1992 through 1998 less reliable as projections do not support the projected developed a model to quantify the it reflects only estimates of breeding decline that served as the basis for the relationship between albatross numbers, with resulting wide margins of IUCN designation of black-footed populations and longline fishing by error). In conclusion, Veran et al. (2007, albatross as a vulnerable species using capture-recapture data to develop p. 9) stressed the importance of efficient (upgraded to ‘‘endangered’’ by the IUCN survival estimates, and investigated the mitigation measures to reduce in 2003). However, they also relationship between fishing effort and incidental mortality and maintain a emphasized the decreased annual black-footed albatross adult survival sustainable survival probability for the population growth rate of the black- using principal components analysis. black-footed albatross.

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Arata et al. (2009) conducted a status Although Arata et al. (2009, p. 51) Fisheries Program indicate that fishery assessment of the black-footed albatross, stated that fishery bycatch ‘‘may be bycatch was in fact most likely evaluated current population trends causing a decrease in black-footed significant during this time period (see using linear regression and matrix albatross populations,’’ it is not clear Arata et al. 2009, Figure 4, p. 15). If so, models (both discussed above under how they arrived at that conclusion this would result in analyses such as ‘‘Current Population Status’’), and since they offer no evidence of a those of Cousins and Cooper (2000) and projected future trends using population population decrease, and their Lewison and Crowder (2003) having viability analyses (PVA), assuming conclusions point to rangewide inadvertently doubled the impact of current conditions but incorporating populations being stable or increasing fisheries bycatch, since bycatch effects environmental and demographic for their period of analysis. We assume would already be reflected in the stochasticity. The authors based their the authors meant that, given the survivorship rates used, but mortality analyses on counts of nesting birds from uncertainty in bycatch estimates, a from bycatch was then additionally Midway Atoll, Laysan Island, and population decline might be expected if imposed on the population in the French Frigate Shoals in the the worst-case scenario were realized models. This inadvertent doubling of Northwestern Hawaiian Islands; counts and bycatch was actually twice as much bycatch effects would account for the were available for 11 years: 1923, 1957, as the estimate they used (see, for prediction of particularly rapid 1992, and 1998–2005 (Arata et al. 2009, example, the discussion regarding the population decreases. Arata et al. (2009, p. 77). The survivorship rates presented uncertainty of bycatch estimates, p. 79) point out the nonindependence and utilized by Arata et al. (2009, p. 47) particularly with regard to international between survival estimates and fishery were higher than those reported in longline fisheries, on p. 67 of Arata et bycatch levels since the pelagic fishery earlier studies; for the years 1994 to al. 2009). Individual PVAs showed started in 1952, and caution that 2002, they calculated an adult breeding colonies on Midway Atoll and survival estimates affected by fishery survivorship rate of 0.967 (compared to French Frigate Shoals are stable or mortality used in previous population 0.926 for the years 1963 to 1982, and increasing, with projected annual assessments may have significantly 0.892 for the years 1983 to 1993) and a population growth rates of 1.5 percent influenced results. juvenile survivorship rate of 0.993 (95 percent CI 1.1 to 1.9) and 1 percent We additionally received comments (CI 0.8 to 1.2) a year, respectively (Arata (compared to 0.688 for 1963 to 1982 and during the information solicitation et al. 2009, pp. 39, 41). In contrast, the 0.668 for 1983 to 1993). These rates period indicating this possible double- population on Laysan Island is suggest that both adult and juvenile counting of fisheries mortality in the declining, with a negative annual survivorship may have increased from Lewison and Crowder (2003) model, growth rate of 1.3 percent (CI -1.7 to the mid-1990s to 2002, the last year and pointing out that it would have covered in the survivorship estimates. -0.9) per year (Arata et al. 2009, p. 41). Projections of future trends for all resulted in erroneous predictions of Arata et al. (2009, p. 46) estimated three colonies showed a high degree of sharp population decline (e.g., Harrison total fishery bycatch, including uncertainty, with high probabilities of 2008, pers. comm., p. 9). More international fisheries, at 5,228 birds per colonies both increasing and decreasing importantly, perhaps, we received a year in 2005 and found this was within in the future, although in most cases the communication from the senior author the mortality level that can be sustained probability of future increases is greater of the Lewison and Crowder (2003) by the black-footed albatross population than the probability of future decreases analysis, in which Dr. Rebecca Lewison without causing a decrease (Arata et al. (Arata et al. pp. 39–45, 51). The authors points out that their paper had 2009, p. 46). Their calculated maximum concluded that, under conditions illustrated population-level trajectories potential biological removal rate was present in 2005, the black-footed for the black-footed albatross if bycatch 11,980 birds per year (range 10,579– albatross population is not at risk of a levels remained constant and bycatch 12,796) (Arata et al. 2009, p. 47). All of substantial decrease over the next 60 was unmitigated, and assuming the their model scenarios indicated that years (Arata et al. 2009, p. 50). Overall, bycatch levels observed in the Hawaii when both the pelagic longline and the decreases at Laysan Island appear to fishery from 1994 to 2000 would pelagic driftnet fisheries were active be offset by the positive growth continue over the 60 year time period of during the 1980s the incidental observed at Midway Atoll and French the projection. ‘‘This assumption has mortality of black-footed albatross Frigate Shoals, resulting in the overall already been shown to be false,’’ Dr. exceeded the potential growth capacity stable or positive trend. Lewison stated, ‘‘There have been for the species (Arata et al. 2009, Figure Arata et al. (2009, p. 50) reported that several NOAA regulations from 2001– 4, p. 15), and they concluded that the the assumption of zero bycatch prior to 2004 which have included initial and closure of the high seas pelagic driftnet 1970, as assumed by the previous revised mitigation device requirements, fishery in 1992 was critical to analyses of Cousins and Cooper (2000) improved performance specifications of preventing further population declines and Lewison and Crowder (2003), is not mitigation devices, and spatial/temporal for the black-footed albatross (Arata et supported by their model (Arata et al. fishing closures. It is clear that mortality al. 2009, p. 46). In terms of the current 2009, p. 46). They questioned the key levels have dropped dramatically as a conditions, the authors advised caution assumption in the Lewison and Crowder result’’ (Lewison 2007, pers. comm., p. in interpreting results because there is (2003) model that led to the prediction 2). An accurate understanding of the such great uncertainty in the bycatch of a rapid population decline for the Lewison and Crowder (2003) model has estimates and suggested that if the black-footed albatross over the 60 years important consequences, as the severe estimated bycatch level is doubled as a following their analysis, namely the population declines projected by that conservative safeguard for potentially assumption that there was no effect of particular model led, at least in part, to underestimating bycatch, the resulting fishery bycatch on adult survivorship at the IUCN changing the status of the value approaches the potential the time the data were gathered that black-footed albatross from biological removal maximum, and the served as the basis for demographic ‘‘vulnerable’’ to ‘‘endangered’’ in 2003 upper 95-percent confidence limit parameter estimates, in the 1960s and (IUCN 2011), a change which further exceeds that value (Arata et al. 2009, pp. 1970s. Arata et al. (2009, p. 50) report played a key role in spurring the 46, 51). that fishery effort data from the Ocean original petition to list the species under

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the Act (EarthJustice 2004, p 2). The study has been undertaken that is killed in the pelagic driftnet and IUCN change in classification also expected to provide information on longline fisheries, peaking with 15,290 apparently served as the basis for adult survival, probability of a breeder birds in 1961 and again with 16,215 NatureServe to change the ranking of skipping a year, and reproductive birds in 1988 (Arata et al. 2009, p. 14). the black-footed albatross from G5 success (Arata et al. 2009, p. 21; Past bycatch estimates ranged generally (globally secure) to G3/G4 (vulnerable) Naughton 2009, pers. comm.). These between approximately 6,000 and (NatureServe 2011). parameters are important for refining 10,000 birds a year, often exceeding the Subsequent modeling efforts have demographic models and determining maximum potential biological removal produced different results. The population trends. value estimated for the black-footed modeling by Arata et al. (2009, pp. 50– albatross (Arata et al. 2009, Figure 4, p. Summary Evaluation of Population 51), which accounted for bycatch 15; p. 46). However, mortality of black- Status and Trend Data impacts in the observed demographic footed albatrosses was greatly reduced rates utilized in the models (Arata et al. Following the end of feather hunting following the closure of the high seas 2009, p. 79), did not project future at nesting colonies, the world driftnet fishery by a United Nations declines in the black-footed albatross population of the black-footed albatross resolution in 1992 (ACAP 2010, p. 12) population. Wiese and Smith (2003, p. recovered from an estimated low of and implementation of regulatory 30) likewise considered that the black- 17,800 breeding pairs in Hawaii and 200 bycatch measures in U.S. longline fleets footed albatross had sustained mortality breeding pairs in Japan in the early in 1997 and 2002 (Arata et al. 2009, p. in the northeastern Pacific fisheries 1920s (Arata et al. 2009, p. 35) to an 14, Figure 4; Moore et al. 2009, p. 444, since the 1970s, and, therefore, estimate of 64,031 breeding pairs in Figs. 3A and 3B). Bycatch of black- considered the survival rate data Hawaii and 3,184 breeding pairs in footed albatrosses in the Hawaii-based collected during that time to represent Japan as of 2010 (ACAP 2010, Table 3, pelagic longline fishery has decreased a population already affected by p. 4; Flint 2011a, pers. comm.). Our from over 1,300 birds taken annually in incidental mortality due to fisheries; evaluation of the best available 1999 and 2000 to less than 100 in 2007 their model also did not support scientific data indicates the world (annual report on seabird interactions projections of a population decline population of the black-footed albatross and mitigation efforts in the Hawaii (Wiese and Smith 2003, p. 35). We is currently stable or slightly increasing, longline fishery for 2007, consider these models to provide more although population growth is below its Administrative Report, U.S. Dept. of accurate projections of future potential maximum, likely due to the Commerce, NOAA, NMFS, PIRO, April population trends in the black-footed impact of incidental bycatch in fishery 2008). The increased survivorship albatross since they avoid the issue of operations (Wiese and Smith 2003, p. probabilities observed for both adult double-counting mortality from fisheries 35; Niel and Lebreton 2005, p. 833; (0.967) and juvenile (0.993) black-footed bycatch. However, it appears the Arata et al. 2009, p. 46). In the Hawaiian albatross since these measures have conservation status of the black-footed Islands, home to an estimated 95 been in place, for the years 1994–2002, albatross has not yet been updated in percent of the breeding population of may reflect this significant reduction in light of this new information by either the black-footed albatross, a decrease in mortality (Arata et al. 2009, p. 47). NatureServe (2011; population trend the number of breeding pairs on Laysan Attempts to project the future information cites to IUCN 2000) or the Island appears to be offset by increases condition of the black-footed albatross IUCN, although the IUCN does note that at Midway Atoll and French Frigate population have produced inconsistent its current categorization of the black- Shoals, resulting in an overall positive results. However, some of the past footed albatross is likely to be revisited trend and an increase of 0.93 percent models that suggested incidental pending the outcome of a review of the annually for these three areas combined mortality from fisheries bycatch may species’ population status (IUCN 2011). for the years 1998 through 2009 (ACAP exceed the level that can be sustained Population-level estimation of 2010, p. 5). The nearly 40 percent by the black-footed albatross population demographic parameters in black-footed reduction in the size of the colony on were based on demographic data albatrosses has proved difficult because Laysan Island since the late 1950s gathered prior to both the high-seas of multiple factors, including band loss (ACAP 2010, p. 7), however, does driftnet moratorium (1992) and to and variation in capture-recapture indicate cause for concern, as well as regulatory bycatch reduction measures efforts (Doherty et al. 2006, pp. 175– the need for further research to implemented in U.S. fisheries (1997, 176). Until recently, the population determine the underlying cause of this 2002) (e.g., Cousins and Cooper 2000). monitoring program in the Hawaiian decline. In Japan, indications are that It is not known what these models Islands consisted only of annual counts the number of breeding pairs has might project under current conditions, of breeding birds in three colonies at steadily increased over time (Cousins as these bycatch reduction measures French Frigate Shoals, Midway Atoll, and Cooper 2000, p. 23; Arata et al. have resulted in a significant decrease and Laysan Island. The program did not 2009, p. 39; Hasegawa 2010, pers. in incidental mortality of albatrosses account for the proportion of comm.). (American Bird Conservancy 2008, pp. nonbreeding birds in a year. A change There is little doubt that incidental 7–9; Awkerman et al. 2008; Arata et al. in the count data from year to year mortality from fisheries had a 2009, pp. 14, 46; Moore et al. 2009, p. could, therefore, reflect either a change significant negative impact on black- 444; ACAP 2010, p. 12). in the total breeding population size or footed albatross populations in the past The model of Lewison and Crowder a change in the proportion of birds (Niel and Lebreton 2005, p. 833; Arata (2003) assumed bycatch mortality was returning to breed in a given year et al. 2009, p. 46), and recent analyses constant, and the model of Veran et al. (Naughton et al. 2007, p. 15). demonstrate a significant negative (2007) assumed no bycatch mitigation The Service has contracted with relationship between black-footed measures were in place; neither of these USGS’s Patuxent Wildlife Research albatross survivorship and fisheries assumptions are met under present Center to review the black-footed effort (Veran et al. 2007, p. 1). conditions since effective bycatch albatross monitoring program Examination of estimated bycatch data reduction measures have been put in implemented by the Service in the over the past 50 years shows high place in the U.S. fleets (acknowledging Northwestern Hawaiian Islands. A pilot numbers of black-footed albatrosses the level of bycatch in international

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fleets remains unknown and knowledge Smith 2003, p. 35). Because the models rangewide, in the Hawaiian Islands and of bycatch in the U.S. North Pacific of Wiese and Smith (2003, entire) and in the Japanese Islands. fleets is imperfect). That these Arata et al. (2009, entire) avoid double- Summary of Factors Affecting the assumptions are now known to be false counting mortality from fisheries Species Throughout Its Range has been acknowledged (Lewison 2007, bycatch, we consider them to provide pers. comm., p. 2). In addition, the the most reliable projections of Section 4 of the Act (16 U.S.C. 1533) studies of Cousins and Cooper (2000) population trends for the black-footed and implementing regulations (50 CFR and Lewison and Crowder (2003) appear albatross. part 424) set forth procedures for adding to have used demographic parameters All studies we examined species to the Federal Lists of based on a potentially erroneous acknowledged the vulnerability of the Endangered and Threatened Wildlife assumption of zero bycatch at the time black-footed albatross to bycatch and Plants. A species may be the data on survivorship values were mortality, and all indicated that determined to be an endangered or collected, resulting in likely exaggerated declines may occur in the future if threatened species due to one or more predictions of rapid population declines bycatch levels are greater than estimated of the five factors described in section when mortality from bycatch was added (e.g., Arata et al. 2009, p. 47). At this 4(a)(1) of the Act: to demographic rates that already point in time, however, we do not see (A) The present or threatened reflected ongoing bycatch at the time the any evidence that the black-footed destruction, modification, or data were collected (Arata et al. 2009, p. albatross population is in decline, and curtailment of its habitat or range; 46). When bycatch mortality is current data suggest recent bycatch (B) Overutilization for commercial, considered to be already reflected in the reduction measures have been effective recreational, scientific, or educational survivorship parameters utilized, in increasing survivorship (Arata et al. purposes; models project stable or slightly 2009, p. 65). Advances in avoiding (C) Disease or predation; increasing populations of the black- seabird bycatch include methods such (D) The inadequacy of existing footed albatross (Wiese and Smith 2003, as the use of streamer lines, which are regulatory mechanisms; or p. 24; Arata et al. 2009, pp. 50–51). found to reduce incidental mortality of (E) Other natural or manmade factors We have evaluated the various albatrosses by nearly 100 percent affecting its continued existence. predictive models for the black-footed (Melvin et al. 2006, p. 4). Other seabird Listing actions may be warranted albatross, and agree with Arata et al. avoidance measures under evaluation based on any of the above threat factors, (2009, p. 50) that the model of Lewison include, but are not limited to, side singly or in combination. and Crowder (2003, entire) most likely setting, night setting, underwater In considering those factors that might overestimated bycatch impacts by setting, towing buoys, using heavier constitute threats, we must look beyond adding mortality from fisheries bycatch branch line weights, and dying bait (e.g., mere exposure of the species to the on demographic parameters that already Gilman et al. 2005, Table 1, pp. 40–41; factor to determine whether the species reflected bycatch impacts. This Gilman et al. 2008, p. 12). Such responds in a way that causes actual inadvertent doubling of the mortality measures are now required in most U.S. impacts to the species. If there is rate from bycatch would have resulted fisheries (some smaller vessels are exposure to the factor, but no response, in the projection of precipitous exempted; for details, see the discussion or only a positive response, that factor population declines for the species. We under Factor D ‘‘The Inadequacy of is not a threat. If there is exposure and base our conclusion on the data from Existing Regulatory Mechanisms,’’ the species responds negatively, the the Ocean Fisheries Program presented below). factor may be a threat, and we then in Figure 4 of the report of Arata et al. Although the conservation measures attempt to determine how significant (2009, p. 15), which shows significant implemented thus far have been highly that threat may be. All species face some levels of bycatch mortality of black- effective in reducing the incidental degree or source of threat. We consider footed albatrosses from commercial mortality of black-footed albatrosses a threat to be ‘‘significant’’ if that threat fisheries occurring from the mid-1950s (Arata et al. 2009, pp. 14, 46; Moore et may drive or contribute to the risk of through the early 1990s. It follows that al. 2009, p. 444; ACAP 2010, p. 12), extinction of the species such that the demographic parameters based on data great uncertainty surrounds the actual species warrants listing as threatened or collected during the mid-1970s, used by level of bycatch from international endangered as those terms are defined Lewison and Crowder (2003, p. 747) in longline fisheries, and the true impact of by the Act. The mere identification of their efforts, would have reflected those fisheries is currently unknown factors that could impact a species ongoing levels of bycatch at that time. (Arata et al. 2009, p. 47). On the whole, negatively is not sufficient to compel a Other models based on the however, the demonstrated effectiveness finding that listing is appropriate. We assumption that bycatch mortality is of current bycatch mitigation measures, require evidence that these factors are already reflected in demographic data where mandated, in conjunction with: operative threats that act on the species collected during this time period (and, (1) Indications that past models to the point that the species meets the therefore, did not incorporate further predicting severe declines may have definition of endangered or threatened bycatch effects into simulations) project inadvertently overestimated the impacts under the Act; that is, the species is future black-footed albatross of fishery bycatch or operated under presently in danger of extinction populations to be relatively stable or assumptions that are now known to be throughout all or a significant portion of even slightly increasing in size under false; (2) analyses that show populations its range (endangered), or is likely to conditions present at the time of the are collectively stable or increasing; and become endangered within the analyses (Arata et al. 2009, pp. 46, 50– (3) recent modeling that projects no foreseeable future (threatened). 51; Wiese and Smith 2003, p. 35). substantial decreases over the next 60 In making this finding, we have Although stable, the results of these years if current mitigation measures considered and evaluated the best models also show that black-footed remain in place (and assuming available scientific and commercial albatross populations are growing at less continuation of other conditions present information, including information than their potential growth rate, most in recent years), all lead us to the received in response to our 90-day likely due to bycatch mortality (Arata et conclusion that black-footed albatross finding (72 FR 57278, October 9, 2007) al. 2009, pp. 46, 50–51; Wiese and numbers are stable at present and received or acquired in response to

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our August 26, 2009, notice (74 FR eradication programs intended to reduce Hawaiian Affairs. Within the boundary 43092) reopening the information interference of the birds with aircraft of the PMNM are two National Wildlife collection period. Below we summarize operations (Arata et al. 2009, p. 17; Refuges: Hawaiian Islands NWR and the information regarding the status and ACAP 2010, p. 6). By 1996, management Midway Atoll NWR; the State Seabird threats to the black-footed albatross of nearly all of the Northwestern Sanctuary at Kure Atoll; the State across the range of the species in Hawaiian Islands was transferred to the Marine Refuge; and the Northwestern relation to the five factors in section jurisdiction of the Service, and active Hawaiian Islands Coral Reef Ecosystem 4(a)(1) of the Act. military impacts had ceased. The black- Reserve. Current uses are limited footed albatross’ breeding sites on primarily to management activities by Factor A. The Present or Threatened Midway Atoll National Wildlife Refuge jurisdictional agencies, research, Destruction, Modification, or (NWR), as well as Pearl and Hermes education, Native Hawaiian practices, a Curtailment of Its Habitat or Range Reef; Lisianski, Laysan, Necker, and small-scale commercial bottomfishing As with other members of the family Nihoa islands; and French Frigate and pelagic trolling operation, and a Diomedeidae, black-footed albatrosses Shoals, which are part of the Hawaiian small number of recreational trips and feed offshore or pelagically, and return Islands NWR, are now all protected visits to historical sites at Midway Atoll. to land only to breed. In this section, we from human-related habitat Although military activities are not describe and evaluate various modification or destruction because expressly prohibited within PMNM, the conditions in relation to the present or these islands are under the jurisdiction management regulations do require that threatened destruction, modification, or of the Service’s NWR system. all activities and exercises of the Armed curtailment of the marine and terrestrial The mission of the NWR System is to Forces shall be carried out in a manner habitats and range of the black-footed administer a national network of lands that avoids adverse impacts on albatross, including: Military activities; and waters for the conservation, monument resources and qualities, to volcanic activity; natural gas management, and where appropriate, the extent practicable and consistent development; invasive plant species; restoration, of the fish, wildlife, and with operational requirements (71 FR and conditions related to climate plant resources and their habitats within 51138; August 29, 2006). We have no change, including sea level rise and the United States for the benefit of reason to anticipate any active military coastal inundation, tropical storm present and future generations of operations within the PMNM. frequency and intensity, impacts to Americans (U.S. Fish and Wildlife Kaula Island and Lehua Island. Kaula marine productivity, and ambient Service (USFWS) 2009b). Management Island has been under U.S. Navy control temperature. Each of these topics is of Kure Atoll was transferred from the since 1965 and is still used for discussed in relation to the two U.S. Coast Guard to the State of Hawaii munitions training. In 1977, Kaula breeding populations (Hawaiian Islands in 1993. Breeding sites for the black- Island was designated a State Seabird and Japanese Islands) that collectively footed albatross on Kure Atoll are Sanctuary by the State of Hawaii (U.S. constitute the entire breeding range of protected from human-related habitat Navy 2009, unpubl.). Currently the the species. modification or destruction because this Navy uses the southeastern portion of Military Activities atoll now is a State wildlife sanctuary the Kaula Island for inert ordnance and and is managed by the Hawaii gunnery activities, and it was previously Historical occupation by armed forces Department of Land and Natural used as a practice range for air-to- on islands important to black-footed Resources (HDLNR) for the conservation surface and surface-to-surface weapons albatross breeding populations occurred and protection of indigenous wildlife, delivery. Black-footed albatrosses have during much of the twentieth century, including seabirds (Hawaii been observed on Kaula Island as mostly associated with World War II. Administrative Rules Title 13, Subtitle recently as 1998 (USFWS 2009a; U.S. Activities associated with warfare and 5, Part 2, Chapter 125, sections 1–7). Navy 2009, unpubl.), but the last development of military infrastructure Further military impacts to black-footed breeding data collected from a 1993 throughout black-footed albatross albatross breeding habitat are unlikely survey reported a breeding population breeding habitat, including the in light of the transfer of the military of only three pairs (ACAP 2010, p. 4). intentional modification of breeding lands to the Service and State, as Because of concerns regarding bird- habitat to reduce albatross nesting described above. aircraft hazards and unexploded activity, negatively impacted albatross Future military activity on these lands ordnance, access to the island for bird colony size in the past (Rice and is further constrained by the 2006 surveys or management has been denied Kenyon 1962b, p. 384). However, little establishment of the Northwestern (U.S. Navy 2009, unpubl.). Lehua Island information exists with which to deduce Hawaiian Islands Marine National is administered by the U.S. Coast Guard the original size of the black-footed Monument (renamed and managed by the State of Hawaii as albatross colonies on these islands Papahanaumokuakea Marine National a State Seabird Sanctuary. No current because there were very few early Monument (PMNM) in 2007), which military activities occur on this island, quantitative studies. encompasses all of the islands, atolls, and none are anticipated. Northwestern Hawaiian Islands. reefs, shoals, banks, and seamounts Japanese Islands. Torishima Island French Frigate Shoals and Midway, from 50 mi (80 km) east of Nihoa Island has been a protected national natural Kure and Johnston atolls all supported to 50 mi (80 km) west of Kure Atoll, and monument since 1965, when it was still armed forces stations or sustained waters 50 mi (80 km) on either side of under U.S. authority, and can be visited military activities during World War II the lands. The co-trustees of the area are only by research scientists with special (Rice and Kenyon 1962b, pp. 366–378). the Department of the Interior through permission. In the Ogasawara Islands, In addition to the obvious disruptive the Service; the Department of Muko-jima is known to have been impact of active warfare during that Commerce through the National occupied during World War II by a time, black-footed albatross populations Oceanic and Atmospheric Japanese garrison that presumably were severely diminished by the Administration (NOAA); and the State ‘‘wiped out’’ whole bird colonies for use development of military bases that led of Hawaii through the HDLNR. PMNM as a food source (Austin 1949, pp. 290– to loss and degradation of nesting management is also accomplished in 291). The Senkaku Islands were used by habitat and large-scale albatross coordination with the State Office of the U.S. Navy as maneuver areas.

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Following World War II, all of the resulted in an estimate of 2,150 breeding primarily between Japan and China but western Pacific islands were controlled pairs of black-footed albatross on also including Taiwan, over the by the United States. However, in 1972, Torishima (ACAP 2010, p. 4), territorial jurisdiction of the Senkaku all of the islands were returned to Japan, demonstrating that the breeding Islands has been ongoing since the although Taiwan and the People’s population was largely unaffected by summer of 1970 (Cheng 1973–1974, p. Republic of China (China) both claimed this most recent event. 221; Downs and Saunders 1999, p. 124). sovereignty to the Senkaku Islands, and Given this history, it is likely that Although this dispute originated in this is still under dispute (Senkaku Torishima Island will continue to 1945 following World War II, it Islands 2009). experience volcanic activity. The escalated in the 1970s when potential Natural reoccupation or evidence from past events suggests that undersea natural gas reserves off the recolonization by black-footed black-footed albatrosses may survive continental shelf near the Senkaku albatrosses since World War II has such an event, as they have in the past, Islands became an economic issue. occurred on Torishima Island, the since at any given time approximately However, there is no firm evidence that Ogasawara Islands (Muko-jima Island 75 percent of the birds are at sea and, commercially exploitable petroleum and Haha-jima Island), and the Senkaku therefore, are likely to be absent at the reserves exist in the area (Downs and Islands (Arata et al. 2009, p. 39). The time of a volcanic eruption or other Saunders 1999, p. 124). Furthermore, it Ogasawara Islands are now part of catastrophic event (Finkelstein et al. has been suggested that multinational Japan’s Ogasawara National Park, and 2010, p. 328). Past reoccupation of petroleum companies have little interest current protective management of the Japanese islands by black-footed in drilling near the Senkaku Islands islands likely precludes future military albatrosses has occurred subsequent to because of difficult terrain, political activities. volcanic events as well as uncertainty, existence of unexploded In summary, significant military recolonization following extirpation of ordnance from use of the islands as a activity is not currently taking place colonies due to military activities target range, and doubts about whether anywhere within the range of the black- during World War II. Therefore, if the any reserves that might exist can be footed albatross, and we have no reason nesting population should be eliminated commercially exploited in viable terms to anticipate any increase in future from the island due to volcanic activity (Downs and Saunders 1999, p. 124). military activity. Therefore, military impacts on nesting habitat, as has Regardless of the outcome of the activity does not pose a threat to the apparently occurred in the past, the territorial dispute and the unlikely black-footed albatross in relation to the historical evidence suggests that natural progress of gas exploration, we have no present or threatened destruction, reoccupation of the island is probable information to indicate that such modification, or curtailment of its assuming no other substantial changes development of natural gas resources in habitat or range rangewide, in the in present conditions. In addition, the area of the Senkaku Islands would Hawaiian Islands, or in the Japanese Torishima might also be recolonized by potentially modify or destroy black- Islands. birds from the nearby Ogasawara footed albatross nesting or foraging Volcanic Activity Islands. habitat. The black-footed albatross Some researchers have suggested this population of the Senkaku Islands Within the nesting range of the black- scenario to be unlikely as movement of comprises less than 0.1 percent of the footed albatross, volcanic activity in black-footed albatrosses between rangewide population, and less than 2 historical times is recorded only from colonies is typically low (e.g., percent of the breeding population of Torishima Island, where a 1903 volcanic Finkelstein et al. 2010, p. 323). black-footed albatross in the Japanese eruption occurred during the However, we believe natural Islands (56 breeding pairs; ACAP 2010, nonbreeding season for several species reoccupation is likely, based on past p. 4). Thus, even if such development of albatrosses, so that the only apparent evidence of several separate were to occur and impact habitat on the effect was to destroy part of their reoccupation events, although we Senkaku Islands, it would likely not nesting habitat. By 1930, it was apparent acknowledge the population would pose a significant threat to the Japanese that many birds had returned and were likely suffer reduced productivity for Islands population. It appears unlikely breeding on the island, as human several years following a catastrophic that gas exploration will occur in the harvesting of all the albatross species volcanic event. Torishima provides Japanese Islands because: (1) There is no was resumed by settlers. The volcano nesting habitat for 3.5 percent of the strong evidence that such resources erupted again in 1939, burying most of rangewide population and is the only exist; (2) commercial interest to develop the former breeding grounds and nesting island for black-footed these resources is weak, even if they making them uninhabitable for the albatrosses with an active volcano. Most were found to exist; and (3) sovereignty birds. The main crater overflowed once birds nesting on Torishima likely would of the Senkaku Islands continues to be more in 1941, closing the natural be at sea if there were an eruption, and in dispute. Therefore, we conclude that anchorage that had allowed free access based on past history it is reasonable to natural gas exploration off the Senkaku to human hunters in the past. When assume the island would be reoccupied Islands does not pose a threat to the visited in 1949, the island was over time following any such event. black-tailed albatross in relation to the described as ‘‘birdless’’ (Austin 1949, p. Therefore, we conclude that volcanic present or threatened destruction, 289). The island was again naturally activity does not pose a threat to the modification, or curtailment of its reoccupied by black-footed albatrosses black-footed albatross in relation to the habitat or range, including across its subsequent to this eruption, growing present or threatened destruction, entire range, in the Hawaiian Islands, or from a count of 6 chicks in 1957 to 914 modification, or curtailment of its in the Japanese Islands. chicks by 1998 (H. Hasegawa, habitat or range in the Hawaiian Islands, Invasive Plant Species unpublished data, as cited in Cousins the Japanese Islands, or rangewide. and Cooper 2000, p. 23). Volcanic Many plant species have been activity on Torishima Island was last Natural Gas Exploration introduced to the Hawaiian Islands, and recorded in 2002, with volcanic ash and Exploration for natural gas has of these Verbesina encelioides (golden rock blanketing the central portion of recently become a potential issue for crown-beard) has been identified as the the island. The following year, surveys birds on the Senkaku Islands. A dispute, greatest threat to black-footed albatross

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nesting habitat (Naughton et al. 2007, p. 2009, p. 36), so V. encelioides and C. provide a brief overview of the general 12). Verbesina encelioides is well equisetifolia as currently controlled do topic of climate change as a way of established on Kure Atoll, Midway not appear to have significant negative providing a broad context for the more Atoll, and Pearl and Hermes Reef, where impacts on the availability of black- detailed consideration that follows with it inhibits native plant growth (Shluker footed albatross nesting habitat. Also, respect to the black-footed albatross. 1999, p. 4; Naughton et al. 2007, p. 17). while standardized annual nest counts Described in general terms, ‘‘climate’’ It is a woody herb that forms tall, dense are not conducted on Kure Atoll and refers to average weather conditions, as stands, which can reduce access to Pearl and Hermes Reef, a program to well as associated variability, over a nesting habitat of ground-nesting birds, control Verbesina has been initiated on long period of time (e.g. decades, including the black-footed albatross. Kure Atoll (Flint 2010, pers. comm.). centuries, or thousands of years). Dense growth of V. encelioides can While uncontrolled growth of V. Climate variables most often described entangle black-footed albatross chicks or encelioides and C. equisetifolia would are temperature and precipitation, and prevent parents from locating and likely have negative impacts on habitat the typical period for calculating the feeding chicks (Shluker 1999, p. 4; Flint and thus possibly on the black-footed mean of these properties is 20 or 30 2010, pers. comm.). It also restricts albatross population, based on the years. The term ‘‘climate change’’ thus windspeed at the nest sites, potentially evidence from current control efforts, refers to a change in the state of the reducing the ability of adult and we anticipate these and expected future climate (whether due to natural juvenile birds to thermoregulate using levels of control will continue to reduce variability, human activity, or both) that convective cooling (Flint 2010, pers. and limit these impacts to the extent can be identified by changes in the comm.). The Service and the HDLNR that these nonnative plants do not pose mean or variability of its properties and have implemented programs to control a significant threat to the black-footed that persists for an extended period— and eradicate V. encelioides on Midway albatross. typically decades or longer. (See Atoll and Kure Atoll (Shluker 1999, pp. We found no information regarding Intergovernmental Panel on Climate 4–7; Flint 2010, pers. comm.), where nonnative plants within the nesting Change (IPCC), 2007, pp. 30, 78, for approximately 43 percent of the range of the black-footed albatross on technical definitions that are the basis rangewide black-footed albatross the Japanese Islands, and have no for our description of these terms.) population breeds (see Table 2). In 2003, evidence indicating that nonnative Analyses of observed trends in the Service and the HDLNR increased plants pose any threat to the black- climate demonstrate that climate change efforts to reduce the extent and spread footed albatross or its breeding habitat is occurring, as illustrated by examples of this invasive plant on Midway Atoll, on the Japanese Islands. such as an increase in the global mean including hand-pulling, mowing, and Therefore, based on our evaluation of surface air temperature (SAT) (‘‘global herbicide application. the best available scientific and warming’’), substantial increases in In addition to Verbesina encelioides, commercial data, we conclude that precipitation in some regions of the other nonnative plant species occur in invasive plants do not pose a significant world and decreases in other regions, the Northwestern Hawaiian Islands, threat to the black-footed albatross in and increases in tropical cyclone including Casuarina equisetifolia relation to the destruction, modification, activity in some oceanic areas (IPCC (common ironwood), a nonnative tree or curtailment of habitat or range of the 2007, p. 30). Because relatively small that has been identified as a threat to species in the Hawaiian Islands, the but sustained changes in temperature ground-nesting seabirds on Midway Japanese Islands, or rangewide. In the can have substantial direct and indirect Atoll (Naughton et al. 2007, p. 12). Like section below, we further consider the effects on natural processes and human V. encelioides, the dense growth of C. potential spread of invasive plants in populations, temperature is one of the equisetifolia around black-footed relation to conditions related to climate most widely used indicators of climate albatross nest sites can block the wind change. change. Based on extensive analyses, and thereby reduce the potential for the IPCC concluded that warming of the convective cooling. Growing as they do Effects Related to Climate Change global climate system over the past in an area normally devoid of tall The anticipated impact of climate several decades is ‘‘unequivocal’’ (IPCC vegetation, these trees can potentially change on black-footed albatross habitat, 2007, p. 2). These changes in global interfere with the flight of long-winged ecology, and life history in tropical and climate are affecting many natural birds such as albatrosses. The trees also subtropical terrestrial and marine systems (see IPCC 2007, pp. 2–4, 30–33 may break off or fall onto ground- ecosystems is complex. In this section for global and regional examples, and nesting birds during wind storms; we begin with a general overview of Global Climate Change Impacts in the nesting Laysan albatrosses and chicks climate change projections, followed by United States (GCCUS) 2009, pp. 27, were killed on Midway in January 2011 our evaluation of the potential response 79–88, for examples in the United by falling ironwood trees and flooding of the black-footed albatross to possible States). (ACAP 2011). Casuarina equisetifolia is changes in their nesting and foraging Analyses of natural variability in also subject to a control program (Flint habitat related to climate-related climate conditions and the effects of 2010, pers. comm.). Furthermore, the changes in sea level, coastal inundation, human activities led the IPCC to Papahanaumokuakea Marine National and storm events. We then consider conclude that most of the increase in Monument Plan (PMNM Plan) has changes in foraging habitat related to global mean surface air temperature that incorporated a nonnative species action altered marine productivity that could has been observed since the mid-20th plan to identify, control, eradicate, and occur in relation to climate change, and century is very likely due to the avoid the introduction of new nonnative possible physical effects to the black- observed increase in greenhouse gas species to the PMNM (NOAA et al. footed albatross related to changes in (GHG) concentrations related to human 2008, pp. 201–214). ambient temperatures. activities, particularly emissions of CO2 The number of birds nesting on from fossil fuel use (IPCC 2007, p. 5 and Midway Atoll has been relatively Climate Change Overview Figure SPM.3). Extensive analyses point constant since 1992 (USFWS, unpubl. Consideration of the effects of climate to continued changes in climate and data) and has increased each year change is a component of our analyses considerable efforts are occurring to between 1999 and 2005 (Arata et al. of species under the Act. Here we make projections of the magnitude, rate,

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and variability of future changes and to projected warming increases across each productivity, and ocean acidification) understand the mechanisms underlying scenario, including the lowest emission are used for marine areas and small them, including the role of greenhouse scenario. Under the lowest emission islands within them, including the gases. scenario, annual man SAT change is Northwest Pacific Islands. Efforts are Projections by the IPCC in 2007 for 1.19 ° F (0.66 °C) for 2011–2030 and currently underway by the Pacific climate change for the earth as a whole 2.32 ° F (1.29 ° C) for 2046–2065 (See Islands Climate Change Cooperative and and for broad regions were based on Meehl et al. 2007, p. 763, Table 10.5). climate modelers at the University of simulations from more than 20 Third, the pattern of projected increases Hawaii to develop regional models that Atmospheric-Ocean General Circulation is relatively consistent whether will increase our understanding of Models used in conjunction with considering the average across all climate change effects specific to the various scenarios of different levels and models for a given scenario or the Pacific Islands. However, this timing of greenhouse gas emissions projections from the individual models, information is not yet available to us. In ± (Christensen et al. 2007, pp. 847–917; including consideration of one most cases, therefore, global projections Meehl et al. 2007, pp. 753–796; Randall standard deviation around the mean of future climate conditions constitute et al. 2007, pp. 596–599). The emissions projection for each scenario (see Meehl the best available scientific information scenarios were developed in the late et al. 2007, pp. 762–763, Figures 10.4 available for purposes of our analyses 1990s and described in the Special and 10.5, and Table 10.5). Thus for this finding. Report on Emissions Scenarios (SRES) although differences in projections published in 2000 (Carter et al. 2007, p. reflect some uncertainty about the Projections of Sea Level Rise 160, and references therein). The precise magnitude of warming, we scenarios span a broad range of conclude there is little uncertainty that On a global (eustatic) scale, the main potential GHG emissions over the warming will continue through the end factors currently contributing to sea coming decades based on a wide of century, even under the lower level rise are thermal expansion of spectrum of economic, technological, emissions scenario. We note also that warming ocean water, water input to and human demographic possibilities more recent analyses using additional oceans from the melting of ice sheets, for the planet; the SRES made no global models and comparing other glaciers, and ice caps, and the addition judgment as to which of the scenarios emissions scenarios have resulted in of water from terrestrial systems (United are more likely to occur, and although projections of global temperature change Nations (UN) 2009a, p. 26). The IPCC’s they cover a very broad range it is that are similar to those reported in model-based projections of global possible that emissions could be higher 2007 by the IPCC (Prinn et al. 2011, pp. average sea level rise for the last decade or lower than the range covered by the 527, 529). of this century, as compared to the scenarios. While projections from global climate average for 1980–1999, ranged from 0.59 The IPCC’s projections of change in model simulations are informative, their ft to 1.94 ft (0.18 m to 0.59 m) across global mean warming (global annual resolution is coarse and it is helpful to various emissions scenarios (Meehl et mean surface air temperature (SAT)) have higher-resolution projections that al. 2007, p. 812). This projection and how they differ over time across are more relevant to the spatial scales includes contributions from ocean emissions scenarios as compared to the used for various assessments involving thermal expansion, melting of glaciers observed SAT from1980–1999, are climate change. Various methods to and ice caps, and limited contributions described by Meehl et al. (2007, pp. ‘‘downscale’’ climate information have from ice sheets; however, it did not 760–764). Several key points emerge been developed to generate projections include the possible contribution from from their projections. First, the that are more specific to regional or relatively rapid melting of the projected changes in magnitude of relatively local areas (see Glick et al. Greenland and West Antarctic Ice warming are similar under all emissions 2011, pp. 58–61 for a summary Sheets. Several recent scientific scenarios to about 2030 and to some description of downscaling). In publications have addressed problems degree even to about mid-Century conducting status assessments of that the IPCC’s approach had in although more divergence is evident species, the Service uses downscaled accounting for the observed level of sea then, and the divergence continues to projections when they are the best level rise in the late 20th and early 21st increase over time, i.e., in the near-term scientific information available centuries, and yielded new projections the projections differ by only 0.05 °C regarding future climate change. which reflect the possibility of rapid (0.09 °F), but by the last decade of the In the case of marine areas, however, contributions from ice sheet dynamics century the difference across scenarios adequate procedures for downscaling beyond surface melting (see summaries is 1.6° C (0.9 ° F); as noted by Cox and are still under development, thus global by Church et al. 2010, Rahmstorf 2010, Stephenson (2007, p. 208), total projections for various conditions and Nicholls et al. 2011). Table 3 gives uncertainty in projected decadal mean related to climate change (e.g., sea and the ranges from these recent projections, temperature is lowest 30 to 50 years in land surface temperatures, precipitation, along with the range given by the IPCC the future. Second, the magnitude of storm frequency and intensity, marine for purposes of comparison.

TABLE 3—PROJECTED RANGES OF GLOBAL AVERAGE SEA LEVEL RISE FOR THE 21ST CENTURY, INCLUDING THE IPCC PROJECTION (MEEHL et al. 2007) FOR COMPARISON

Projected range of global mean sea level rise feet (meters) Source

0.59–1.94 ft, (0.18–0.59 m) ...... Meehl et al., 2007 (IPCC), pp. 820–822,Table 10.7. 2.6–6.6 ft, (0.8–2.0 m) ...... Pfeffer et al., 2008, p. 1340. 2.46–6.23 ft, (0.75–1.90 m) ...... Vermeer & Rahmstorf 2009, p. 21530. 2.36–5.25 ft, (0.72–1.60 m) ...... Grinsted et al., 2010, pp. 469–470. 2.0–5.3 ft, (0.6–1.6 m) ...... Jevrejeva et al., 2010, L07703, p. 4. 3–4 ft (0.9–1.2 m) ...... (GCCUS) 2009, p. 25.

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As shown in Table 3, the ranges of in ocean circulation patterns; the with regard to evaluating the possible recent projections of sea level rise all contributions of various factors to upper bounds of projected sea level rise indicate substantially higher levels than relative sea level change at regional over the next century, we considered the projection by the IPCC in 2007. They scales are not fully understood and the statements of both Nicholls et al. also show a much larger difference different contributions may dominate (2010, p. 168) and Lowe and Gregory (approximately 3 to 4 ft (0.9 to 1.2 m)) depending on the geographic location (2010, p. 43) that the probability of rises from the low to the high ends of the (Bindoff et al. 2007, p. 409). A recent at the high end of the spectrum are very ranges, which indicates the magnitude analysis aimed at providing a better low. Nicholls et al. (2010, p. 174) of global mean sea level rise at the end understanding of sea level change at concluded that, although a sea level rise of this century is still quite uncertain. regional scales indicates that the entire between 1.6 and 6.6 ft (0.5 and 2.0 m) In their review of sea level rise range of the black-footed albatross is is not an implausible range, ‘‘owing to projections, Nicholls et al. noted that within a very broad ocean region where our poor understanding of the the earlier acceleration of some of the sea level rise by the end of this century underlying processes driving climate- southeast Greenland glaciers had is projected (under each of three induced sea-level rise, we cannot reversed by 2006, adding to uncertainty emissions scenarios) to be higher than associate any likelihood with this range, about whether the recent rates of mass the global mean, and Hawaii is expected and we conclude that rises above 0.5 m loss are temporary and the extent to to have slightly higher rise than the and especially 1 m by 2100 are possible, which they should be extrapolated into global average (Slangen et al. 2011, pp. rather than inevitable.’’ the future; they concluded that the 9–15). This analysis included numerous As there is so much uncertainty upper part of the projected ranges of assumptions (including assumptions surrounding global sea level projections, global sea level rise are possible but not about changes in ice mass dynamics) particularly at the upper bounds at the likely to occur (Nicholls et al. 2011, pp. and the authors made the point that the end of the century, and this is further 165, 168). Lowe and Gregory (2010, p. absolute values presented in their study complicated by uncertainty about 4) similarly concluded that global mean required careful interpretation (Slangen regional and local divergences from the sea level rise by the end of the century et al. 2011, p. 16). global mean, we believe it is more is ‘‘almost certain to be below two Different rates of sea level rise appropriate to focus our analysis on less metres and that there is currently very observed locally add further complexity variable projections over a somewhat little evidence to suggest that increases to the evaluation of this factor. shorter timeframe. Therefore, we at the top of this range are likely.’’ Specifically, Honolulu, on the island of evaluated what we consider to be Church et al. (2010, p. 411) reported Oahu, and Hilo, on the island of Hawaii, reasonable approximate projected levels that new information from satellite- have had different observed trends in of sea level rise for the habitat of the based data for 2002–2009 indicates an sea level rise since the mid-1940s, black-footed albatross, based on accelerating contribution to sea level although the relative differences in the consideration of the global estimates rise from both the Greenland and rate of sea level rise between these described above, over three time Antarctic ice sheets, but that ‘‘improved Hawaiian islands have been more intervals: For the next 10–20 years we understanding of the processes limited since the mid-1970s; these use an estimate of 0.5–1.0 ft (0.1–0.3 m); responsible for ice-sheet changes are differences may be related to variations for 30–40 years we use 1.4–1.9 ft (0.4– urgently required to improve estimates in both space and time in land motion 0.6 m); and for 50 years we use 2.4 ft of the rate and timing of 21st-century (subsidence, uplift), and it may be (0.7 m) (see USFWS 2011b, unpubl., for and longer-term sea-level projections.’’ related to interdecadal variations in additional details). While we recognize Similarly, Nicholls and Cazenave (2010, upper ocean temperatures (Caccamise et that several models project an p. 1519) state ‘‘The extent of future SLR al. 2005, L03607, entire). Regardless of accelerated rate of sea level increase [sea level rise] remains highly the cause(s) of the difference, this later in the century (e.g., Vermeer and uncertain—more so than in 2007, when information adds to our caution in Rahmstorf 2009, Figure 6, p. 21531), we the IPCC AR4 was published’’ and they interpreting global sea level rise determined that, in light of the call for additional analyses to focus on projections in our analysis of potential significant variability in projections understanding ice sheet instabilities and effects on the black-footed albatross and following mid-century, for the purposes other processes drive sea level rise. its habitat at a more localized scale. of this status evaluation using a linear Viewed from broad regional and In addition to reporting a projected projection of sea level rise (see Baker et particularly more local perspectives, the range of sea level rise for the end of the al. 2006, pp. 5–6) and time-intervals up picture is further complicated by the century, Jevrejeva et al. (2010) also to mid-century is a reasonable approach. fact that sea level rise is not uniform reported projections for the mid- Note also that the level we use for 50 around the world and deviations from century. In contrast to the relatively years from now, 2.4 ft (0.7 m), is the observed global mean of sea level divergent range projected for 2100 (2.0– conservative in that it is higher than the rise have been substantial in some areas. 5.3 ft (0.6–1.6 m)), they found relatively mid-century projection by Jevrejeva et The fact that future sea level change will close agreement in projected sea level al. (see above), and in fact is very close not be the same everywhere has been rise across various emissions scenarios to the end of century level (0.8 m) characterized by Milne et al. (2009, p. until about 2050 using the six emissions described as ‘‘plausible’’ by Pfeffer et al. 471) as ‘‘one of the few statements that scenarios used by the IPCC, with (2008, p. 1342), and even closer to the can be made with certainty.’’ projections ranging from a low of low ends of the ranges projected at 2100 The considerable uncertainty about approximately 0.98 ft (0.3 m) to a high by Vermeer and Rahmstorf (2009, p. the magnitude of global average sea of 1.8 ft (0.55 m) (Jevrejeva et al. 2010, 21530) and Grinsted et al. 2010, pp. level rise by the end of the century is p. 3, Figure 2). 469–470. We believe this approach is additionally complicated by the As discussed above, results for reasonable and provides a reliable basis variability in sea level change observed models projecting sea level rise further for our analysis. in different parts of the world. This than mid-century become increasingly includes differences in open oceans, divergent, and this is particularly true Sea Level Rise and Coastal Inundation such as non-uniform changes in with regard to the maximum bounds of There is very little existing temperature and salinity and differences projected sea level rise. Furthermore, information in the scientific literature

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on how projected sea level rise will rate at which land area may disappear projections of sea level rise. However, affect the islands currently used by in the Northwestern Hawaiian Islands, based on their cumulative elevation black-footed albatross for nesting, as based on cumulative elevation data models (Baker et al. 2006, Figure 3), we topographical information for these (Baker et al. 2006, p. 6, Figure 3). estimated the effects of the projected sea islands in most cases is extremely As only maximum elevation data are level rise on each of the islands over the limited and, as noted above, regionally available for most of these islands, these three time intervals (Table 4). researchers collected elevation data specific models of sea level rise for the Note that detailed topographical area are still under development (e.g., from three locations: Lisianski Island, Pearl and Hermes Reef (the islets of information is not available for the Klavitter 2010, pers. comm.). A rigorous Southeast, Seal-Kittery, Grass, North, island of Midway Atoll or Laysan geomorphological coastal analysis is and Little North), and French Frigate Island, which support the two largest needed to fill this information gap. In a Shoals (including the islands of East, colonies of black-footed albatrosses in limited study of several of the Gin, Little Gin, and Trig). We did not the world, and these islands were not Northwestern Hawaiian Islands, Baker use the projections of surface area lost included in the analysis of Baker et al. et al. (2006, p. 2) noted this lack of presented by Baker et al. (2006) in their (2006). However, results for Laysan spatial data, and developed models that Table 1 since those estimates were Island are likely to be similar to those can be used to estimate the proportional developed using the older IPCC 2001 for Lisianski Island, as detailed below. TABLE 4—PROJECTED EFFECTS OF SEA LEVEL RISE ON THE LAND AREA OF ISLANDS SUPPORTING NESTING BLACK- FOOTED ALBATROSS AT 10–20, 30–40, AND 50 YEARS IN THE FUTURE, BASED ON PASSIVE FLOODING AND THE CU- MULATIVE ELEVATION MODELS OF BAKER et al. 2006 [We assumed islands greater than 165 ft (50 m) in maximum elevation would retain at least 95% of their land area above sea level]

10–20 years— 30–40 years— proportion of proportion of 50 years— Number of Percent of land area re- land area re- proportion of breeding pairs north- Percent of Percent of maining above maining above land area re- Maximum of black- western Japanese world 0.5–1.0 ft 1.4–1.9 ft maining above Island elevation Island area footed Hawaiian islands breeding (0.1–0.3 m); (0.4–0.6 m); 2.4 ft (0.7 m); albatross islands breeding population range for range for range for (survey year) breeding population individual individual individual population islets is in islets is in islets is in parentheses parentheses parentheses

Northwestern Hawaiian Islands

Kure Atoll ...... 8–20 ft (2.4– 213 ac (87 3,486 (2010) 5.4 NA 5.2 Data not avail- Data not avail- Data not avail- 6.1 m) ha) able. able. able. Midway Atoll ...... 12 ft (3.6 m) 1,532 ac (624 25,581 (2010) 40.0 NA 38.1 Data not avail- Data not avail- Data not avail- ha) able. able. able. Pearl and Hermes ≈ 9.8 ft (≈ 3 88 ac (36 ha) 6,116 (2003) 9.6 NA 9.1 99–88% 82–72% 67% (range Reef. m) (range 99– (range 82– 79–25%). 55%). 30%). Lisianski ...... ≈ 40 ft (≈ 12.9 391 ac (159 2,126 (2006) 3.3 NA 3.2 99% ...... 98–99% ...... 97–98%. m) ha) Laysan 1 ...... ≈ 40 ft (≈ 12.9 1,000 ac (407 22,272 (2010) 34.8 NA 33.1 99% ...... 98–99% ...... 97–98%. m) ha) French Frigate 8–12 ft (2.4– 67 ac (27 ha) 4,309 (2009) 6.7 NA 6.4 98–86% 82–74% 69% (range Shoals. 3.6 m) (range 98– (range 87– 80–40%). 75%). 50%). Necker ...... 276 ft (84 m) 45 ac (18 ha) 112 (1995) 0.2 NA 0.2 > 95% ...... > 95% ...... > 95%. Nihoa ...... 903 ft (275 m) 171 ac (70 1 (2007) 0.0 NA 0.0 > 95% ...... > 95% ...... > 95%. ha)

Offshore Main Hawaiian Islands

Kaula ...... 165 m 64 ha (158 3 (1993) 0.0 NA 0.0 > 95% ...... > 95% ...... > 95%. ac) Lehua ...... 214 m 116 ha (284 25 (2007) 0.0 NA 0.0 > 95% ...... > 95% ...... > 95%. ac)

Japanese Islands

Torishima Island ... 1,293 ft (394 1,184 ac (479 2,150 (2003) NA 67.5 3.2 > 95% ...... > 95% ...... > 95%. m) ha) Senkaku Islands ... 1,257 ft (383 1,446 ac (633 56 (2002) NA 1.8 0.1 > 95% ...... > 95% ...... > 95%. m) m)

Ogasawara

Muko-jima Retto ... Not available 1,631 ac (664 967 (2006) NA 30.4 1.4 > 95% ...... > 95% ...... > 95%. ac) Haha-jima Retto .... 1,525 ft (462 6,805 ac 11 (2006) NA 0.3 0 > 95% ...... > 95% ...... > 95%. m) (2,770 ha) 1 Land area estimates assume similar conditions to Lisianski, based on similar elevation and topography.

Tern Island was estimated to Frigate Shoals (Arata et al. 2009, p. 76). 1942 to 57 ac (23 ha) (Amerson 1971, p. comprise about 66 percent (57 ac (23 Originally the island was only about 10 12). Sand and Eastern islands, the two ha)) of the terrestrial area of French ac (4 ha) in size but was expanded in main islands at Midway Atoll, have also

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undergone extensive human (2010, see above) for atoll islands by Webb and Kench (2010, p. 241) for modifications, and are approximately 12 elsewhere, indicate projected sea level island atolls elsewhere, but due to their ft (3.6 m) above sea level. All three rise will likely change the physical small size and low elevation we islands (Tern, Sand, and Eastern) shape and position of Tern, Sand, and consider these islets to be some of the transition from sea level to maximum Eastern islands and may reduce or most vulnerable to sea level rise and elevation over a few meters and are possibly increase the size of these atoll may be a potential loss of nesting relatively flat across their full expanse islands. However, it is also important to habitat for the black-footed albatross. to accommodate aircraft runways on note that we do not have information to Lisianski Island (currently supporting each island. How much projected levels indicate how these processes may work 3.2 percent of world black-footed of sea level rise over the next 10 to 20 under potentially accelerated rates of albatross breeding pairs) is one of the years (0.5–1.0 ft (0.1–0.3 m)), 30 to 40 sea level rise. Any such changes, larger Northwestern Hawaiian islands at years (1.4–1.9 ft (0.4–0.6m)), and 50 however, whether positive or negative 391 acres (159 ha) in size. We estimated years (2.4 ft (0.7 m)) will impact black- in terms of total land area, are likely to that Lisianski would still have 99 footed albatross nesting habitat on these occur gradually over many years, giving percent of its terrestrial area over the islands is unknown in the absence of black-footed albatrosses a long period of next 10 to 20 years, 98 to 99 percent more detailed geomorphological time to potentially adjust their breeding over 30 to 40 years, and about 97 information, but given their relatively locations. Tern and East Islands each percent of its terrestrial area in the face low elevation, sea level rise may result support just under half of the black- of a 2.4-ft (0.7 m) rise in sea level in 50 in some loss of nesting habitat for black- footed albatross breeding pairs at French years (based on Baker et al. 2006, p. 6, footed albatrosses. Frigate Shoals (Arata et al. 2009, p. 38, Figure 3; see Table 4, this document). It is also possible, however, that there Figure 14). Laysan Island (currently supporting 35 will be no net loss of land area Based on the cumulative elevation percent of world black-footed albatross depending on relative rates of beach model developed by Baker et al. (2006, breeding pairs) has a maximum erosion in some (seaward) areas and p. 6, Figure 3) East Island will lose elevation that is the same as Lisianski beach deposition in other (lagoon-side) about 2 to 10 percent of its land area to Island (about 40 ft (13 m)) and, like areas that may occur, as has been 0.5–1.0 ft (0.1–0.3 m) sea level rise in 10 Lisianski, has a large central depression observed in other Pacific atoll islands in to 20 years, 12 to 19 percent of its land (a lake on Laysan but not on Lisianski) response to rising sea level (Webb and area to 1.4–1.9 ft (0.4–0.6 m) sea level surrounded by higher elevation sandy Kench 2010, p. 234). Webb and Kench rise in 30 to 40 years, and roughly 20 ridges (Macdonald et al. 1990, pp. 480– (2010, entire) studied 27 Central Pacific percent of its current land area to a 2.4 481). In addition, at approximately islands using a combination of historical ft (0.7 m) rise in sea level in 50 years. 1,000 ac (407 ha) in size, Laysan is aerial photography and remote sensing Potential losses of land area at the substantially larger than Lisianski (391 imagery from years spanning from 1943 smaller islets of French Frigate Shoals ac; 159 ha). Presuming a similar island through 2006 (the timeframe of analysis are projected to be greater (Table 4, this atoll geomorphology, sea level rise will for each island differed, depending on document), but no estimates were affect a limited area of Laysan Island, the availability of imagery, but ranged available for Tern Island, where most likely similar to the projections for from 19 to 61 years). Despite the relatively large numbers of black-footed Lisianski. As discussed above, this expectation that such islands would albatrosses breed. We estimated that, analysis does not consider diminish in size due to ongoing and collectively, the islets of French Frigate geomorphological features that can alter future sea-level rise, they found that Shoals will have roughly 86 to 98 early sea level rise impacts, as shown by with a historical sea level rise of 0.08 in percent of terrestrial area remaining Webb and Kench (2010, p. 241). Their (2 mm) per year over the period studied after 10 to 20 years, 74 to 82 percent information indicates that levels of sea (roughly 4.8 in (12 cm) maximum), the remaining after 30 to 40 years, and 69 level rise expected over the next 50 terrestrial area of 43 percent of the 27 percent after 50 years (Table 4, this years will likely change the shape and atoll islands studied remained stable document). position of Lisianski and Laysan while another 43 percent actually We note Baker et al. (2006) do not Islands, and that processes of erosion increased in size by 3 to 30 percent take into account geomorphological and accretion may either reduce or even (Webb and Kench 2010, p. 241). Only 14 features that can alter sea level rise increase the size of these islands. All of percent of the atoll islands showed a impacts, as shown by Webb and Kench these changes are likely to occur loss of 3 to 10 percent of area. The (2010, p. 241). All of these islands may gradually over many years. observed adjustment for 65 percent of change shape, size and position through Kure Atoll (which supports 5.2 these atoll islands was a net lagoon- erosion and accretion, such that future percent of world black-footed albatross ward migration, but also included land areas may be larger or smaller than breeding pairs) was not included in island migration along the atoll reef. projected due to sea level rise alone. Baker et al.’s projections of sea level rise Overall, these atoll adjustments added The islets of Pearl and Hermes Reef impacts on the Northwestern Hawaiian 156 ac (63 ha) of coastal land area to support 10 percent of the world black- Islands. Kure Atoll has a maximum these islands. footed albatross breeding pairs and elevation of approximately 24 ft (7.5 m; In the Northwestern Hawaiian comprise some of the lowest elevation Arata et al. 2009, p. 75). Impacts from Islands, sediment transport has resulted areas used for nesting by the species. sea level rise at Kure Atoll are likely to in the submersion of Whale-Skate Island Collectively, we estimate that these be similar to those discussed for these in French Frigate Shoals and has islets will retain roughly 88 to 99 other atoll areas, although Kure Atoll accreted island area at Spit Island percent of their land area in 10 to 20 has greater land area and maximum (Midway Atoll), Seal-Kittery Island years, 72 to 82 percent of their land area elevation than the islets of Pearl and (previously 2 islets), and North Island at over 30 to 40 years, and 67 percent of Hermes Reef. Pearl and Hermes Reef (Amerson et al. their land area in 50 years (Table 4, this While black-footed albatrosses are 1974, pp. 8 and 11, comparing reported document). This does not take into typically characterized as nesting on the islet area to current estimates). These account potential changes in shape, sandy beaches of low atoll islands, there data, and taking into consideration the size, or position that may occur due to are several colonies that currently nest results reported by Webb and Kench erosion and accretion, as demonstrated upslope on high-elevation islands and

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do not utilize shoreline nesting sites: 1972, p. 93). Recently on French Frigate events due to anticipated climate Toroshima (2,150 breeding pairs), Shoals, the smaller islands of Little Gin change may therefore result in some Senkaku (56 breeding pairs), Ogasawara and Trig were washed over while adult decreased productivity for black-footed (Hahajima Island) (11 breeding pairs), black-footed albatrosses were incubating albatrosses, especially those nesting on Necker (112 breeding pairs), Nihoa (1 eggs (Flint 2009a, pers. comm.). Also on very low-lying islands; however, the breeding pair), Kaula (3 breeding pairs) the larger islands of Tern and Eastern, actual potential extent of this impact and Lehua (25 breeding pairs) (Arata et black-footed albatross nests on the would be purely speculative at this al. 2009, p. 3, Figure 1). Nesting on islands’ northern sides that were time. these islands occurs well above sea level exposed to the larger winter swells were A key uncertainty in our evaluation of in volcanic substrates or on the top of often inundated or washed away (Flint the effects of sea level rise is the hill and upland slopes (Clapp and 2009a, pers. comm.). During the 2008 behavioral response of breeding black- Kridler 1977, p. 36; Clapp et al. 1977, breeding season, all of the nests, eggs, footed albatrosses to the possible future p. 44; Cousins and Cooper 2000, p. 5; and chicks on Tern Island were washed inundation of their current nesting sites. Pitman and Ballance 2002, p. 13). Due away by high surf (Flint 2009a, pers. The strong nest site fidelity of black- to their topography and elevation, we do comm.). In addition, severe events may footed albatrosses is an important not expect these islands and their happen on occasion, as in the estimated consideration in this regard. As breeding populations of black-footed loss of more than 20,000 black-footed described in the Life History section, albatross to be affected by anticipated albatross chicks from the Northwestern above, more than 99 percent of black- levels of sea level rise. Hawaiian Islands in the aftermath of the footed albatrosses breed on the island As noted earlier, detailed, spatially- March 2011 tsunami generated off the where they hatched (Rice and Kenyon explicit data specific to the breeding coast of Japan (Flint 2011b, pers. 1962a, p. 532), and they construct their islands of the black-footed albatross are comm.). Such events, although random nests every year on almost the same site. limited or nonexistent. Although the and unpredictable in occurrence, are not On Tern Island, black-footed albatrosses USGS is currently studying the potential unexpected, and have presumably were found to nest within 16 ft (5 m) of impacts of sea level rise on the occurred throughout the history of the the previous year’s nest (Cousins and Northwestern Hawaiian Islands, the species (e.g., see Cousins and Cooper Cooper 2000, p. 44). Data from a 2-year results of this research was not available 2000, pp. 115–117). Whether such study of the closely related Laysan in time for our status assessment. Based events may potentially increase in albatross on Midway Atoll showed nests on the best scientific information frequency as a potential effect of climate to be within 20 ft (6 m) of the previous available to us, we can make rough change is an important consideration; year’s nest site, and over 50 percent of approximations of the land area that however, at this point in time we do not nests were within 4 ft (1.3 m) (Rice and may remain under various sea level rise have sufficient information to quantify Kenyon 1962a, p. 533). In an experimental study, adults of scenarios on these islands, but we do the probability of such occurrences for the closely-related Laysan albatross not have detailed spatial information this region (see ‘‘Storm Frequency and generally responded to displacement of that would enable us to determine how Intensity,’’ below). That most adults their chick from the nest site by not much of the land area that would be lost survive such events, and population feeding their chick unless it was within currently serves as nesting habitat for viability in this species is more 7 ft (2 m) of the nest site (Rice and the black-footed albatross. However, dependent on adult than juvenile Kenyon 1962a, pp. 534–536). That is, given that black-footed albatrosses on survivorship, enables the species to the low-lying islands and atolls of the adults are oriented on the location of the persist despite occasional severe Northwestern Hawaiian Islands select nest, not on the location or identity of impacts to productivity or recruitment. sites in sandy habitats generally close to the chick. Based upon this information, the shoreline for nesting, it is reasonable Reproductive success may also be an unknown number of black-footed to assume that much of the initial losses affected in the event birds are forced to albatross nest sites may be lost each of land area would constitute potential relocate their nesting sites due to high breeding season due to increasing high or current nesting habitat. This surf or winds. For example, black-footed tides or storm surge from sea level rise, assumption does not apply to black- albatrosses whose nest sites were lost on and chicks that get displaced from their footed albatrosses that nest upslope on Midway Atoll because of habitat nest site may die because their parents steep, high islands, such as Necker, modification related to military activity, do not feed them. Offsetting this Nihoa, or the Japanese Islands. both during and immediately following potential impact, however, is the Therefore, we must consider the World War II, were found in later years availability of additional nesting habitat potential effects of the loss of an breeding at a different location on the for black-footed albatrosses and the unknown amount of current shoreline atoll, though it is likely that they lost at possibility that birds will relocate their nesting habitat on the black-footed least 1 year of breeding due to the nest sites to more suitable (higher- albatross, based on estimated losses of displacement (Cousins and Cooper elevation, inland) habitat over time. land area and related considerations. 2000, p. 44). More recently, black-footed Although black-footed albatrosses do For those black-footed albatrosses that albatrosses forced to relocate due to predominantly nest on sandy beaches do nest near the shoreline, inundation construction activities on Midway were near the shoreline, there is apparently by high surf currently destroys some later found nesting elsewhere in the some behavioral flexibility in nest site nests, and high winds bury nests and atoll, although they similarly likely lost selection by the species, as they are kill eggs or chicks and sometimes a year of breeding as a consequence found nesting further inland in incubating adults, although the (Flint 2009a, pers. comm.) If a nest site vegetated areas on Midway and French proportion of nests affected each year is destroyed, the birds may have Frigate Shoals, including amongst has not been quantified (Flint 2009a, difficulty in pairing up with the same bushes, in clearings among introduced pers. comm.). Winter storms and the mate. In general, mate loss in black- ironwood trees, and in grassy areas associated high tides and high winds footed albatrosses can cause adults to (Awkerman et al. 2008). On steep, were identified as a major cause of miss up to 5 years of breeding before volcanic high-elevation islands, such as black-footed albatross nest failure on forming a new pair (COSEWIC 2007, Necker, Nihoa, and Japanese Islands Kure Atoll in the 1960s (Woodward p. 33). Increased storm surges or other such as Torishima, black-footed

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albatrosses nest high upslope in grassy Guadalupe and San Benedicto off the available habitat does not presently or rocky areas (Cousins and Cooper coast of Mexico (Awkerman et al. 2008). appear to be restricted, it is unknown at 2000, p. 32; see, for example, http:// Colonization of new islands and range what point in time it may potentially www.mnc.toho-u.ac.jp/v-lab/ahoudori/ expansion, including the establishment become a limiting factor. Photo/photo03/68.html). of breeding colonies in the eastern There will undoubtedly be some Although in some cases black-footed Pacific on the islands of Guadalupe and short-term impacts to productivity of albatrosses have exhibited a reluctance San Benedicto, has also been observed nesting black-footed albatrosses due to to move, despite repeated nest failures, in the related Laysan albatross (Young et displacement from sea level rise; based there are other examples of breeding al. 2009, p. 722), a bird that exhibits a on the elevation and topography of the pairs relocating, as for example cited similarly high degree of natal islands, we anticipate such impacts above at Midway Atoll in response to philopatry, suggesting it is not would be concentrated in the displacement from military activities or unreasonable to anticipate that black- Northwestern Hawaiian Islands and construction (Arata et al. 2009, p. 39; footed albatrosses are capable of would not affect the Japanese Islands Flint 2009a, pers. comm.). On Torishima colonizing new areas if their current populations (see Table 4). In the Island, black-footed albatrosses nesting habitat is lost. Northwestern Hawaiian Islands, our established new breeding colonies In general, gradual shifts from the loss assessment of the projected levels of following volcanic eruptions in 1903, of old habitat to the availability of new terrestrial area lost over the next 10 to 1941, and 2002 (see ‘‘Volcanic habitat, as would occur under a scenario 20, 30 to 40, and up to 50 years suggests that the loss of terrestrial area on islands Activity,’’ above). In addition, anecdotal of gradual sea level rise, are considered evidence suggests that black-footed used for nesting by black-footed most conducive to the establishment of albatrosses have moved to other islands albatrosses will be relatively gradual. new colonies (as opposed to the abrupt as smaller islands have disappeared or Moreover, the remaining land area for loss of all breeding sites) (Schippers et become overwashed, as suggested at some of the larger colonies at Laysan al. 2009, p. 469). The availability of nest Tern Island by Cousins and Cooper Island, Pearl and Hermes Reef, and sites is only rarely limiting for seabirds (2000, p. 32) and at French Frigate French Frigate Shoals will still be (Kildaw et al. 2005, p. 55), and we have Shoals (ACAP 2010, p. 7). The recent relatively substantial at the end of that no evidence to suggest that suitable nest increase in breeding birds at French time period (estimated as 97 percent sites are a limited resource for black- Frigate Shoals may be due to the terrestrial area remaining at Laysan with footed albatrosses in the Hawaiian redistribution of black-footed 34.8 percent of the Northwestern albatrosses that once nested on the Islands (COSEWIC 2007, p. 20). There Hawaiian Islands breeding population, island of Whale-Skate, which was lost are, however, some new challenges that 67 percent terrestrial area remaining at entirely to erosion from winter storms black-footed albatrosses may face as a Pearl and Hermes Reef with 9.6 percent and sea level rise in 1997 (ACAP 2010, result of relocating their nest sites. For of the breeding population, and 69 p. 7); however, this supposition is one, if the birds attempt to relocate to percent terrestrial area remaining at apparently based on the circumstantial some of the higher-elevation Hawaiian French Frigate Shoals with 6.7 percent timing of the increase on French Frigate islands in response to sea level rise, of the breeding population). Shoals following the disappearance of they will encounter predators that are We note that information was not Whale-Skate, and is not supported by currently not a threat to the species (e.g., available for the largest breeding colony observations of banded birds. mongooses, cats, dogs, pigs, rats) of black-footed albatrosses at Midway Whether established breeders would (Naughton et al. 2007, p. 10). Whether Atoll. Lost land area may move to new nest sites is a major source such an option may be feasible for disproportionately affect black-footed of uncertainty in our evaluation. The black-footed albatrosses in the future albatross nesting habitat, since many question of whether birds just coming may rely on the implementation and individuals select nesting sites on into breeding age would establish new success of current management efforts to beaches near the shoreline, which will colonies, assuming their natal sites may restore habitat and eradicate nonnative in many cases represent the first land be lost, is less uncertain. Despite their predators on other nearby, higher area lost. In addition, diminished land normally high degree of philopatry, we elevation islands (Naughton et al. 2007, area will not be the only effect of sea do have evidence that some black-footed p. 19). There are no introduced level rise, as the remaining land will albatrosses banded as nestlings have predators on the islands of San consequently become increasingly become breeders on other than their Benedicto or the small islets off of Isla vulnerable to overwash events. natal islands (Woodworth 1972, p. 96). Guadalupe in the eastern Pacific However, based on the relatively For example, of 124 banded nestlings, (Naughton et al. 2007, p. 12). In gradual nature of sea level rise over mostly from Midway Atoll, 22 were addition, reduced habitat area will in time, the amount of land area projected later observed breeding on Kure Atoll turn mean increased competition with to remain, the ability of black-footed (Woodworth 1972, p. 96). Other other nesting seabirds, such as the albatrosses to nest in habitats other than movements of smaller numbers of black- Laysan albatross, which often nests in sandy beaches, the apparent capacity of footed albatrosses between their natal the same habitat as the black-footed these islands to support high densities and breeding sites were observed albatross. However, the evidence from of nesting seabirds, and the evidence between Pearl and Hermes Reef, French historical photographs indicates that suggesting that black-footed albatrosses Frigate Shoals, and Kure Atoll as well great numbers of seabirds can will breed on other than their natal (Woodworth 1972, p. 96). Although successfully nest at very high densities islands and colonize new sites, albeit in most movements of black-footed on these islands, suggesting that the low numbers, we believe it is reasonable albatrosses between breeding colonies same number of black-footed albatrosses to conclude that the black-footed have been over a relatively small range may be able to continue nesting into the albatross may shift to new nest sites (Woodworth 1972, pp. 96, 109), there is future on islands that have diminished over time in response to sea level rise evidence of quite long-range movements in size, despite the presence of other in the Northwestern Hawaiian Islands. from the recent observations of black- potential competitors. The maximum In summary, many uncertainties footed albatrosses prospecting for density of nesting seabirds on these remain with regard to the potential nesting sites on the islands of islands is unknown, and although impacts of future sea level rise on the

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black-footed albatross. As mentioned Climate Change and Wave Inundation make up the vast majority of mortalities previously, at present we have no The central Pacific location of the in such events. regional models of sea level rise specific Current climate models indicate that Northwestern Hawaiian Islands exposes ° ° to the islands used for nesting by black- the atoll islands to wind and ocean mid- and high- (60 to 90 N latitude; footed albatross, but must instead rely swells from all directions but mostly too far north to generate Pacific waves) primarily on global projections of sea from the northeast and northwest latitude Pacific storms will shift to the level rise. Yet we know that sea level (Vitousek and Fletcher 2008, p. 541). north with a decrease in storm rise is likely to vary considerably in The northeastern trade winds frequency in the mid-latitudes, an different locations across the globe, as predominate during three quarters of the increase in frequency in the north described above. As also noted above, year, and generate average wave heights latitudes (USCCSP 2008, p. 64), and an increase in the intensity of mid- and although we have some rough of 6.6 ft (2 m) (Fletcher and Feirstein high-latitude storms (USCCSP 2008, p. projections of how much terrestrial area 2009, pp. 3–4). During winter, when 115). These model results are supported may be lost on a limited number of the black-footed albatrosses are nesting on by observations from 1959 through 1997 islands used for breeding, at present we the Northwestern Hawaiian Islands, that show similar trends (USCCSP 2008, do not have the data to inform us as to northwestern Pacific storms generate pp. 64, 115). Winter (November through how much of the land area that may be much larger waves with an average March) wave heights generated from lost currently serves as nesting habitat. height of 25.3 ft (7.7 m) (Fletcher and climate models show significant In addition, projected losses of land area Feirstein 2009, p. 3). Wave inundation above sea level using a simple passive increases in the northwestern and of coastal atoll island areas or overwash inundation or ‘‘bathtub’’ model do not northeastern Pacific, but in the vicinity of entire atoll islands is known to occur, account for other potential of the major black-footed albatross but information specific to this issue in consequences of climate change that breeding areas (Northwestern Hawaiian the Northwestern Hawaiian Islands is may impact the suitability of remaining Islands, Torishima Island, and the limited. Two major features will affect terrestrial areas for nesting, such as Ogasawara Islands), winter wave heights future wave inundation: sea level rise storm surge. are predicted to remain relatively The greatest uncertainty in evaluating and storm frequency and intensity. unchanged for the period 1990–2080 the threat of sea level rise and potential These are discussed below, based on the (Wang and Swail 2006, p. 116). Reduced loss of nesting habitat is the behavioral best scientific information available. future storm frequency in the mid- Winter (November through April) response of the birds over time. The ° latitudes combined with no significant biggest question in this regard is mid-latitude (30 to 60 N latitude) change in wave heights suggests that whether established adult breeders storms (extra-tropical cyclones) can black-footed albatross may likely not be would eventually shift their nesting produce waves that may impact black- negatively affected to a degree beyond locations in response to habitat loss as footed albatross breeding. The southern historical and current impacts, if these a consequence of inundation; there is cold fronts of these winter storms bring predictions generally hold. As in the some evidence that supports such a rain to the Northwestern Hawaiian past, wave surge and occasional potential shift, and some evidence that Islands (Juvic et al. 1998, p. 54). The overwash events will occasionally suggests such a shift would more likely low-pressure centers of these mid- impact black-footed albatrosses breeding require waiting for birds hatched on the latitude storms generate ocean waves at localized areas. Although such events islands to attain reproductive age and that can propagate to the Hawaiian may have a large short-term impact on establish new nest sites elsewhere. Islands. Approximately 20 strong mid- productivity in a single year, as with the Whether suitable, predator-free habitat latitude storms occur each year in the significant wave events and tsunami would be available for these birds in the north Pacific (Graham and Diaz 2001, p. observed in early 2011, most adult future is another uncertainty. In any 1,874). Large waves generated by these breeders generally survive these events, case, we anticipate some unknown level storms are known to periodically and the long-term impact on the species of reduced productivity and likely overwash small islets (e.g., Sand and is limited. Therefore, based on the best diminished population sizes will be Bird islets at Pearl and Hermes Reef; Gin available data, we have no information realized as a consequence of smaller and Little Gin islets at French Frigate to indicate that the impact of wave or habitat area. However, based on the land Shoals) and inundate coastal sites in the storm events will be so great as to pose area projected to remain and the Northwestern Hawaiian Islands and a significant threat to the breeding relatively large breeding population of destroy near-shore black-footed populations of the species rangewide, in black-footed albatrosses (Table 4), we do albatross nests (Arata et al. 2009, p. 11). the Hawaiian Islands, or in the Japanese not anticipate that these interim losses Most recently, a large wave event Islands. will be so great as to pose a significant destroyed approximately 40 percent of Climate Change and Tropical Cyclone threat to the black-footed albatross. black-footed albatross nests on Laysan We conclude, based on this Island in February 2011, resulting in the Storm Frequency and Intensity assessment, that there will likely be loss of an estimated 9,000 chicks, and The Pacific tropical cyclone (e.g., some short-term impacts to black-footed more than 20,000 black-footed albatross typhoon and hurricane) storm season albatross nesting success due to sea chicks are estimated to have been lost conservatively starts in May or June, level rise and coastal inundation, and when the Northwestern Hawaiian with the core storm season running from that future population sizes in the Islands were overwashed by a tsunami July through November in the eastern Hawaiian Islands may be smaller due to following the March 11, 2011, and central Pacific, and through a reduced area of available nesting earthquake off Sendai, Japan (Flint December in the western Pacific. Black- habitat. However, we do not have 2011b, pers. comm.). The reported footed albatrosses arrive at their nesting evidence to suggest the projected mortality of chicks from the tsunami is sites in mid- to late October and do not changes will be so great as to pose a likely an underestimate, as counts were begin to lay eggs until mid-November. significant threat to the breeding not available for all islands affected. Thus, the overlap between adult birds populations of the species rangewide, in There are no estimates as to the number arriving at nesting sites and the end of the Hawaiian Islands, or in the Japanese of adults that may have been lost, but the tropical cyclone storm season is Islands. in general it is expected that chicks likely only a few weeks. There are no

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climate model predictions for a change Northwestern Hawaiian Islands, where lions, and seals (McGowan et al. 1998, in the duration of Pacific tropical the majority of black-footed albatrosses p. 214). cyclone storm season. nest, is currently low and is predicted A qualitative analysis of black-footed Climate modeling has projected to decrease with climate change. albatross reproductive success (1980 changes in tropical cyclone frequency We conclude, based on this through 2008 on Tern Island, French and intensity due to global warming assessment, that while there may be Frigate Shoals) and number of breeding over the next 100 to 200 years (Vecchi some short-term impacts to black-footed birds (Laysan Island, Midway Atoll, and and Soden 2007, pp. 1068–1069, Figures albatross nesting success due to the French Frigate Shoals) showed no 2 and 3; Emanuel et al. 2008, p. 360, potential overlap between the arrival of relationship with El Nin˜ o or La Nin˜ a Figure 8; Yu et al. 2010, p. 1,371, Figure birds at nesting sites and the end of the events (USFWS 2009a, unpubl.). 14). The frequency of hurricanes tropical storm season, we do not have Although there have been references to generated by these tropical cyclones is evidence to suggest that projected ‘‘dramatic breeding failures’’ of black- projected to decrease in the central and changes in storm frequency or intensity footed albatrosses in years following El eastern Pacific (e.g., the main and will be so great as to pose a significant Nin˜ o events, inspection of the Northwest Hawaiian Islands and the threat to the breeding populations of the underlying data suggest this may be islands off Mexico where black-footed species rangewide, in the Hawaiian nothing more than natural variability, albatrosses have recently attempted to Islands, or in the Japanese Islands. since the same data also show normal breed) while storm intensity (strength) productivity following other El Nin˜ o is projected to increase by a few percent Climate Change and Marine years, and no statistical analyses were over this period (Vecchi and Soden Productivity completed to support the claim (Kappes 2007, pp. 1,068–1,069, Figures 2 and 3; The link between marine productivity et al. 2010, p. 257, and references Emanuel et al. 2008, p. 360, Figure 8; Yu and climate is not well understood therein). Based on this information, we et al. 2010, p. 1,371, Figure 14). In the (McGowan et al. 1998, p. 210; Polovina conclude that changes in ENSO due to western Pacific (e.g., the Mariana 2005, p. 233). The potential impacts of climate change are unlikely to affect Islands and the Japanese Islands that climate change on the food supply of black-footed albatross in the foreseeable currently, or in the past, supported the black-footed albatross (mainly flying future. The PDO is a recurring pattern of black-footed albatross populations), the fish eggs and squid (Arata et al. 2009, interdecadal climate variability that is frequency and intensity of typhoons are p. 11)), and thus survival and widespread and detectable as regime projected to increase by a few percent reproduction, has not been well studied. over the next 100 to 200 years (Vecchi shifts in Pacific Ocean ecosystem There are, however, two major natural and Soden 2007, pp. 1,068–1,069, structure (Mantua et al. 1997, p. 1,070). climate oscillations associated with Figures 2 and 3; Emanuel et al. 2008, p. Climate, sea surface temperatures, and major changes in marine ecosystems in 360, Figure 8; Yu et al. 2010, p. 1,371, ecosystems affected by the PDO cover the Pacific: El Nin˜ o-Southern Figure 14). Although there is some the tropical and central north Pacific, Oscillation (ENSO; (McPhaden et al. indication that the impacts of tropical the Bering Sea, the Gulf of Alaska, the 2006, p. 1,741) and the Pacific Decadal cyclones are expected to increase in California Current, and the Kuroshio- Oscillation (PDO) (Miller et al. 2004, p. general as a result of projected sea level Oyashio Extension (Miller et al. 2004, p. 163). rise (Knutson et al. 2010, p. 157), we do 163). These are areas used by the black- not have any modeling available The ENSO can influence productivity footed albatross for foraging. The specific to the regions used by nesting in the tropical Pacific (Fiedler 2002, p. components of the marine ecosystem black-footed albatross, and we do not 270; McPhaden et al. 2006, p. 1,741) and that are affected include significant have sufficient data to quantify or the west coast of Central and North changes in primary productivity and in evaluate the potential impacts of such America (McGowan et al. 1998, p. 214). abundance of salmon, sardines, events on the species or to assess the El Nin˜ o-Southern Oscillation is a 2- to anchovy, rockfish, yellowfin tuna, possible population-level response over 7-year fluctuation of unusually warm (El seabirds, zooplankton, and nutrients the extended timeframes of the Nin˜ o) and cool (La Nin˜ a) conditions in (Chavez et al. 2003, p. 220). While the projections, except to note that the the tropical Pacific associated with an PDO is a well-documented climatic and timing of such events does not usually unstable interaction between sea surface ecological cycle, the underlying causes coincide with the nesting season of the temperature and atmospheric pressure. of PDO are not well understood (Miller black-footed albatross, when potential It results in variations in wind, rainfall, et al. 2004, p. 163) and reliable climate impacts from such events would be ocean thermocline depth, circulation, modeling of future PDO responses are expected. and ultimately oceanic biological currently lacking (Wang et al. 2010, p. In summary, based on the limited productivity (McGowan et al. 1998, p. 258). An examination of data on black- information available to us and the 214; Fiedler 2002, p. 267). At present, footed albatross reproductive success or climate model analyses described above, the relationship between the future the number of breeding birds showed no the anticipated increases in cyclone frequency and intensity of ENSO events sustained changes before and after the intensity or frequency are minimal. This related to global climate change is not 1999 PDO shift from a warm phase to is especially true toward the end of the yet determined and may be unchanged, a cool phase PDO (USFWS 2009a, storm season when albatross begin to increasing or decreasing (Guilyardi et al. unpubl.). Based on this information, we arrive at the breeding grounds and 2010, p. 325; Vecchi and Wittenberg conclude that regime shifts driven by cyclone intensity and frequency is 2010, p. 260). ENSO affects areas used the PDO-associated climate change are normally decreasing. Furthermore, we by the black-footed albatross mainly unlikely to pose a significant threat to believe it is highly unlikely that along the west coast of the United States the black-footed albatross. multiple nesting sites would be and Canada (McGowan et al. 1998, p. A recent study by Kappes et al. (2010, impacted in a single storm season, given 214; McPhaden et al. 2006, p. 1,741; p. 254 and Table 4) indicated that the the wide geographic spread of the Arata et al. 2009, p. 6). In this area, time spent in area-restricted searching nesting sites used by black-footed ENSO can affect plankton biomass, the (i.e., foraging behavior) of black-footed albatrosses. We further note that the distribution of fishes and invertebrates, albatrosses decreases with increasing frequency of hurricanes in the and the breeding success of seabirds, sea sea surface temperature and increases

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with increasing primary productivity. footed albatross survival remain in the shade of some nearby vegetation, Black-footed albatrosses foraged most speculative. We have no information at returning to the natal nest when the intensively in areas with sea surface this time to suggest that possible adult returns to the nest with food (Rice temperatures of 61.3 ± 6.8 °F (16.3 ± predicted decreases in marine and Kenyon 1962a, pp. 558–562). 3.82 °C) (Kappes et al. 2010, pp. 253, productivity or shifts in marine biomes Observations from other seabird 255). Although black-footed albatrosses pose a significant threat to the black- species suggest that black-footed demonstrated flexibility in foraging footed albatross throughout its range, in albatross are likely well adapted to strategies and shifted search efforts in the Hawaiian Islands, or in the Japanese tolerate the high temperatures that may response to environmental cues, the Islands. be encountered during the breeding researchers noted that the distribution season. Other seabird species with dark Climate Change and Ambient of sea surface temperatures in the North plumage, such as the brown noddy Temperature Pacific will likely be altered in response (Anous stolidus) and sooty tern (Sterna to climate change, and reliable Ambient temperature is one of many fuscata), are known to nest under associations between water temperature variables that affects the ability of a similar conditions in the Hawaiian and prey availability may no longer seabird to thermoregulate (maintain its Islands and have numerous adaptive persist under such conditions (Kappes internal body temperature)—wind mechanisms that enable them to deal et al. 2010, p. 256). speed, solar radiation, and humidity, as with heat stress (Mathiu et al. 1991, Polovina et al. 2011 (p. 1) modeled well as metabolic heat production, entire; Ellis et al. 1995, entire; Mathiu the effects of climate change on thermal conductance, evaporative et al. 1994, entire). Research suggests temperate, subtropical, and tropical cooling, and behavior also affect the rate these seabirds have relatively low basal North Pacific upwelling biomes. Their of heat transfer (Bakken et al. 1985, p. metabolic rates that may help offset heat results project that by 2100 the 934; Bakken 1992, entire). During the gain from absorption of radiant heat by subtropical biome will expand to the hatching and early nestling stages, air their dark plumage (Ellis et al. 1995, p. north and south, increasing its area by temperatures at black-footed albatross 311). These birds also exhibit a about 30 percent, with a slight decrease nest sites can reach daily maxima of 76 relatively wide thermoneutral zone (the in primary productivity per unit area °F (24.5 °C) in January and February and range of ambient temperatures where and a northward shift in warmer sea 86.9 and 87.8 °F (30.5 and 31.0 °C) in energy spent on thermoregulation is surface temperatures (Polovina et al. June and July; soil temperatures may be minimized) between 77 and 95 °F (25 to 2008, p. 3, Table 1; Polovina et al. 2011 as high as 104 °F (40 °C) (Howell and 35 °C) for the sooty tern (Mathiu et al. (Figures 2, 6, and 7, respectively). The Bartholomew 1961, pp. 185–186). In 1991, p. 322, and references therein) temperate biome to the north of the general, avian embryos do not tolerate and 72.1 to 98.8 °F (22.3 to 37.1 °C) for subtropical biome is predicted to temperatures higher than 96.8 to 102.2 the brown noddy (Ellis et al. 1995, p. decrease in area and also show a slight °F (36 to 39 °C), although several species 309). Brown noddies can also allow decrease in primary productivity per can tolerate temperatures as high as body temperature to increase slightly in unit area and warmer sea surface 105.8 °F (41 °C) for several hours (Webb response to high ambient temperatures, temperatures. The core foraging area for 1987, p. 893). The vigilant brooding which allows them to avoid evaporative breeding black-footed albatrosses spans behavior of black-footed albatross water loss (Mathiu et al. 1991, p. 323; the transition zone between these two parents, however, protects their young Ellis et al. 1995, p. 310). Sooty terns and biomes (Arata et al. 2009, p. 6; Kappes from environmental extremes and brown noddies can use evaporative et al. 2010, p. 253; Polovina et al. 2011, maintains dry, shaded conditions for cooling at air temperatures up to 109 °F Figures 2 and 7). eggs and chicks kept at approximately (43 °C) (Mathiu et al. 1991, p. 323; As discussed above, sea surface 96.8 °F (36 °C) (Howell and Mathiu et al. 1994, p. 286; Ellis et al. temperature and primary productivity Bartholomew 1961, p. 195). 1995, p. 312). Both species are closely associated with the foraging The thermal tolerances of black-footed demonstrated greater effectiveness and searching behavior of black-footed albatross adults, chicks, and eggs are not responding to high air temperatures as albatrosses, and these climate change known. Incubation and brooding occurs opposed to low air temperatures, and effects may eventually impact the in a dry environment often in open even hatchlings successfully breeding success of these birds. areas among bushes and trees (Howell thermoregulated under conditions of Reduction in phytoplankton may and Bartholomew 1961, p. 192; Rice and heat stress (Mathiu et al. 1991, p. 323; eventually affect trophic structure, and Kenyon 1962a, pp. 558–562). Adult and Mathiu et al. 1994, p. 292; Ellis et al. the impact is expected to move up the large juvenile black-footed albatrosses 1995, pp. 311–312). Chicks of the food web (bottom-up control) through respond to high ambient temperatures western gull (Larus occidentalis) can copepods that feed on phytoplankton to by panting, moving into shade, elevating survive ambient air temperatures that zooplankton carnivores and on to larger their highly vascularized feet to increase are 14.4 to 25.2 °F (8 to 14 °C) higher top predators such as squid and fish that convective cooling, shading their than the daily maximum normally comprise the diet of seabirds elevated feet by keeping their backs to experienced (Salzman 1982, p. 743). (Richardson and Schoeman 2004, p. the sun, and by lowering their heads Although we do not have studies 1609). These changes in productivity (Howell and Bartholomew 1961, p. 189). specific to the black-footed albatross, we may also alter the spatial distribution of Young chicks are brooded and sheltered believe it is reasonable to assume this primary and secondary pelagic by their parents until they are able to species has likely developed production. However, negative impacts thermoregulate at about 18 to 20 days of physiological adaptations to its to the black-footed albatross due to age. Unbrooded, dry chicks can environment similar to those exhibited changes in ocean productivity have not thermoregulate at air and substratum by other seabirds nesting under similar been observed to date, and based on the temperatures of 78.8 to 81.5 °F (26 to environmental conditions. best information currently available, any 27.5 °C) (Howell and Bartholomew The global average temperature has predicted impacts of shifts in sea 1961, p. 194, Figure 8). When risen by approximately 0.319 °F (0.177 surface temperature, primary nonbrooded chicks become hot, they °C) per decade since 1981 (Trenberth et productivity, or other factors such as often move away from the natal nest and al. 2007, p. 253). According to modeling food type or food distribution, on black- build themselves a new, temporary nest projections, global average temperature

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is expected to continue to rise, even if potential threat on Torishima Island in Therefore, we conclude that, as carbon emissions remain at current Japan, though less than 5 percent of the currently managed, V. encelioides and levels (IPCC 2007, p. 13). In the main rangewide breeding population nests on C. equisetifolia, or other nonnative Hawaiian Islands at low elevation, the this island. In addition, we have plants, are not a significant threat to the increase in surface temperature is about evidence that black-footed albatrosses black-footed albatross rangewide, in the half of the global average, at have survived past eruptions or Hawaiian Islands, or in the Japanese approximately 0.157 °F (0.087 °C) per successfully recolonized following Islands. decade (1975–2005) (Giambelluca et al. volcanic events on Torishima (see Our analysis indicates that projected 2008, p. 2). Under the various emissions ‘‘Volcanic Activity,’’ above). Volcanic sea level rise over the next 10 to 20 scenarios considered by the IPCC, the activity is not known on any of the years (0.5–1.0 ft (0.1–0.3 m)), 30 to 40 range of increase in annual mean SAT nesting islands for black-footed years 1.4–1.9 ft (0.4–0.6m), and 50 years change is projected to be 1.15 to 1.24 °F albatross in the Hawaiian Islands. We (2.4 ft (0.7 m)), may result in beach (0.64 to 0.69 °C) between 2011 and 2030 do not consider the potential erosion in some (seaward) areas and and 2.32 to 3.15 °F (1.29 to 1.75 °C) for exploration of undersea natural gas beach deposition in other (lagoon-side) the years 2046–2065 (Meehl et al. 2007, resources to be a threat to black-footed areas on Tern, Sand, and Eastern p. 763, Table 10.5). If the Hawaiian nesting habitat on the Senkaku Islands, islands, and Kure Atoll (which together Islands continue to lag behind the global where less than 0.1 percent of the support approximately 48 percent of average in that same manner described rangewide breeding population nests, black-footed albatross breeding pairs), as above (Giambelluca et al. 2008, p. 2), since the sovereignty of those islands is has been observed in other Pacific atoll then we expect average low-elevation in dispute, the existence of such islands in response to rising sea level. temperatures will increase reserves is questionable, and it appears Sea level rise is likely to affect only a approximately half of the global average unlikely that any such exploration will very limited area of the level, and thus for 2046–2065 would occur. Even should such development geomorphologically similar islands of ° ° increase 1.16 to 1.57 F (0.65 to 0.88 C). occur, we have no evidence to suggest Lisianski and Laysan (which together Thus, June and July average air that it would result in substantial support approximately 35 percent of temperatures in the Northwestern enough impacts to nesting habitat to black-footed albatross breeding pairs). Hawaiian Islands are likely to stay pose a threat to the black-footed Approximately 12 percent of black- ° ° below 90 F (33.3 C) over the next albatross. Natural gas development is footed albatrosses nest on high islands, several decades. While modeling has not anticipated on any of the nesting which we defined as islands with provided us with a range of increases in islands for black-footed albatross in the maximum elevation greater than 165 ft average regional and global Hawaiian Islands. For the reasons (50 m) (e.g., Kaula, Lehua, Necker, and temperatures, we note that we do not described above, we conclude military Nihoa in the Hawaiian Islands and the have such projections for the magnitude activities, volcanic activity, and natural Japanese islands of Torishima, Senkaku, of likely future temperature extremes. gas development do not pose a threat to and Ogasawara). Breeding birds on these In summary, although we cannot the black-footed albatross in relation to islands will not be affected by projected predict future operative environmental the present or threatened destruction, sea level rise. Although sea level rise is temperatures that will be experienced modification, or curtailment of habitat expected to result in the loss of land by the black-footed albatross, our or range of the species in the Hawaiian area in the Hawaiian Islands, and we acknowledge that this loss of land may evaluation of the best scientific and Islands, the Japanese Islands, or commercial data available at this time disproportionately affect black-footed rangewide. indicates this species exhibits a variety albatross nesting habitat, the best of adaptations to nesting in a hot Verbesina encelioides is an invasive, available information indicates that environment with intense solar nonnative plant that is established on sufficient land area will likely remain to radiation, and is likely capable of Kure Atoll, Midway Atoll, and Pearl and support large numbers of black-footed adapting to the projected average Hermes Reef that poses a threat to the albatross, albeit at reduced numbers. increases in air temperature expected black-footed albatross. The Service and Based on the anticipated relatively over the next several decades. HDLNR are implementing control gradual nature of sea level rise over Therefore, based on our evaluation, we measures to reduce the distribution of time, the amount of land area projected conclude the projected increase in V. encelioides on Midway and Kure to remain, the ability of black-footed average ambient temperature does not atolls. Casuarina equisetifolia is a albatrosses to nest in habitats other than pose a significant threat to the black- nonnative tree that has been identified sandy beaches, the apparent capacity of footed albatross rangewide, in the as a threat to ground-nesting seabirds on these islands to support high densities Hawaiian Islands, or in the Japanese Midway Atoll. Casuarina equisetifolia is of nesting seabirds, and the evidence Islands. also subject to a control program. The suggesting that black-footed albatrosses black-footed albatross populations on may have the behavioral flexibility to Summary of Factor A Midway Atoll and Kure Atoll are seek out new nesting sites, we believe Although historically military increasing, in spite of the presence of V. the black-footed albatross may shift to activities impacted nesting populations encelioides on both of these islands and new nest sites over time in response to of black-footed albatrosses as well as the presence of C. equisetifolia on sea level rise in the Hawaiian Islands. their nesting habitat in the central and Midway Atoll. Therefore, we conclude Based on this assessment, we do not western Pacific prior to, during, and that current control measures are believe sea level rise and coastal after World War II, black-footed sufficient to offset this threat, and we inundation pose a significant threat to albatross nesting habitat rangewide is expect such measures to continue. We the black-footed albatross rangewide, in currently protected on islands that are have no information to indicate the the Hawaiian Islands, or in the Japanese managed for the conservation of native likely effects of climate change on these Islands. wildlife and their habitat, and a future nonnative plants. In addition, we have Current climate models indicate that military presence with negative impacts no information to indicate nonnative winter wave heights in the black-footed to habitat is unlikely. Loss of breeding plants pose a threat to black-footed albatross breeding areas in the habitat from active volcanism is a albatrosses in the Japanese Islands. Northwestern Hawaiian Islands and the

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Japanese Islands will remain attempting to nest on Laysan Island, threatened destruction, modification, or unchanged. Wave surge and overwash Midway Atoll, or French Frigate Shoals. curtailment of its habitat or range events are expected occurrences and The PDO is a well-documented climatic rangewide, in the Hawaiian Islands, or will continue to happen occasionally and ecological cycle though its in the Japanese Islands. and impact breeding black-footed underlying causes are not well Factor B. Overutilization for albatrosses in localized areas. We have understood, and climate models of Commercial, Recreational, Scientific, or no evidence that such events will have future PDO responses are not available. Educational Purposes greater impacts on the population than The large foraging range of the black- are observed under current conditions. footed albatross may buffer it from the The exploitation of the black-footed Based on this assessment, we do not impacts of variable or reduced marine albatross for feathers and eggs at the believe winter wave inundation poses a productivity. Based on our assessment turn of the twentieth century reduced its significant threat to the black-footed of the best available information with population to its lowest known size and albatross rangewide, in the Hawaiian regard to ENSO, PDO, and reduced distribution (Lewison and Crowder Islands, or in the Japanese Islands. marine productivity, we do not believe 2003, p. 744; Arata et al. 2009, p. 35). While tropical storm intensity is that possible predicted decreases in In 1923, the breeding population was projected to increase slightly (i.e., by a marine productivity pose a significant estimated to be 18,000 pairs (Arata et al. few percent) in the central Pacific (e.g., threat to the black-footed albatross 2009, p. 2). Little information exists to Hawaiian Islands) in response to climate rangewide, in the Hawaiian Islands, or estimate the former size of the change, the frequency of tropical storms in the Japanese Islands. extirpated colonies. The threat from is projected to decrease. Over the next Periodic fluctuations in ambient poaching no longer exists because 100 to 200 years, slight increases (i.e., a temperature have been withstood and nesting islands are now managed for the few percent) in both the frequency and have shown no significant influence on conservation and protection of native intensity of tropical storms are projected the rangewide population of the black- wildlife and their habitat, and there is in the western Pacific (e.g., Japanese footed albatross, which is currently no longer a demand for black-footed Islands). These projected increases are stable or increasing. Increases in albatross feathers and eggs. not expected to significantly affect ambient temperature on the Hawaiian We are not aware of any information black-footed albatrosses, which arrive at Islands have been about half of the indicating that overutilization of black- their nesting sites in mid- to late global average (Giambelluca et al. 2008, footed albatrosses for commercial, October and begin laying eggs in early p. 2), therefore the anticipated range of scientific, or educational purposes to mid-December. Tropical storm season increase by the year 2065 is about 1.16 threatens this species anywhere within in the central and western Pacific ends to 1.57 °F (0.65 to 0.88°C), based on its range, or is likely to do so within the in November or December; therefore, the IPCC global projections of increase in foreseeable future. Therefore, based on a period of overlap between birds arriving annual mean SAT of 2.32–3.15°F (1.29– review of the best scientific and at nesting sites and the end of the 1.75 °C) between 2046 and 2065 (Meehl commercial information available, we tropical storm season is likely only a et al. 2007, p. 763, Table 10.5). Black- conclude that overutilization for few weeks, which reduces the footed albatrosses are adapted to nesting commercial, recreational, scientific, or probability of tropical storms impacting in a hot environment with high solar for educational purposes is not a nesting black-footed albatrosses. While radiation, and brooding adults normally significant threat to the black-footed there may be some short-term impacts to provide a stable thermal environment albatross across its range, in the black-footed albatross nesting success for eggs and chicks. Studies of other Hawaiian Islands, or in the Japanese due to the potential overlap of bird seabirds have indicated significant Islands. arrivals at nesting sites at the end of the levels of chick mortality when air tropical storm season, we do not temperatures increased by a measure of Factor C. Disease or Predation anticipate these impacts to significantly 14.4 to 25.2 °F (8 to 14 °C) above the Because the range of the black-footed affect the breeding population of the normal daily maximum temperatures, albatross overlaps with that of the species. Therefore, based on our suggesting that the predicted average endangered short-tailed albatross assessment of the best available increase of 1.16 to 1.57 °F (0.65 to (Phoebastria albatrus) (final listing rule information, we do not believe projected 0.88°C) is unlikely to affect black-footed 65 FR 46643; July 31, 2000), it has been changes in storm frequency and albatross chicks. However, because we suggested that disease and predation intensity pose significant threats to the have no information to suggest the factors affecting the short-tailed black-footed albatross rangewide, in the magnitude of future temperature albatross are likely the same for black- Hawaiian Islands, or in the Japanese extremes, we cannot make any informed footed albatrosses. Here we consider Islands. We are unable to assess the assessment as to how such extreme whether diseases such as avian pox, effects of climate-induced changes in temperatures may potentially impact the avian cholera, or West Nile virus are a the duration of tropical storm seasons species. In assessing the best available potential risk to black-footed on the black-footed albatross due to the information, we find no compelling albatrosses, and whether predation lack of studies and available evidence that the black-footed albatross poses a significant risk to the species. information. will experience population-level effects Disease Negative impacts to black-footed from projected increases in global albatrosses due to changes in marine ambient temperature rangewide, in the Avian pox is a disease that has been productivity as a result of climate Hawaiian Islands, or in the Japanese reported in Laysan albatrosses on change have not been observed. Islands. Midway Atoll and on the main Interannual changes in marine Therefore, based on our assessment of Hawaiian Islands (Sileo et al. 1990b, p. productivity from ENSO fluctuations the best scientific and commercial data 335; Young and VanderWerf 2008, pp. have not impacted breeding success for available, concerning present threats to 93–97; Arata et al. 2009, pp. 20–21). The the black-footed albatross on Tern black-footed albatross habitat and their principal form of transmission in wild Island over 28 years of observations, nor likely continuation in the future, we birds is through the introduced have changes in marine productivity conclude the black-footed albatross is mosquito, Culex quinquefasciatus, had an effect on the number of pairs not threatened by the present or rather than through direct contact with

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a contaminated surface or aerosol of the Japanese Islands used for nesting program is funded by the Service to (Warner 1968, p. 104; Arata et al. 2009, by black-footed albatrosses. Based on monitor wild birds at Honolulu p. 20). In the breeding range of the the limited information available International Airport, Kalaeloa Regional black-footed albatross in the Hawaiian regarding this disease, it is reasonable to Airport, and Dillingham Airfield, all on Islands, the mosquito has been assume that the prevalence of this Oahu. Over the past 10 years of documented only on Midway Atoll and disease in black-footed albatrosses in monitoring, West Nile virus has not Lehua Island. Epizootics (an epidemic the Japanese Islands, if present, is low been detected in the Hawaiian Islands. disease outbreak in animals) of pox in (since it has never been reported from Therefore, the risk of transmission of Laysan albatrosses have occurred on the birds on these islands) and as we West Nile virus to the Northwestern Midway Atoll in the past, but we do not have no information to suggest that the Hawaiian Islands is considered to be have information documenting the situation in the Japanese Islands is very low. West Nile virus has not been occurrence of pox in black-footed different from that in the Hawaiian documented in north Pacific albatrosses albatrosses on Midway Atoll (Arata et Islands. We assume that if any birds nor has it been documented in wild or al. 2009, p. 20). It has been suggested were infected, individuals would domestic birds in the Hawaiian Islands. that pox rarely affects chicks of the recover from the disease, as has been Midway Atoll and Lehua Island do black-footed albatross because they nest observed in the Hawaiian Islands. harbor mosquito populations, but the in more open areas, where mosquitoes Therefore, the effect of avian pox on chance of these mosquitoes becoming are not as abundant (Arata et al. 2009, black-footed albatrosses in the Japanese infected with West Nile virus is p. 20). A 4-year study of the effect of Islands is expected to be minimal, and unlikely. Therefore, we believe that avian pox on the fledging success of we have no evidence to suggest that West Nile virus does not pose a threat Laysan albatrosses on Oahu (Young and avian pox poses a significant threat to to the black-footed albatross in the VanderWerf 2008, entire) found the black-footed albatross in the Hawaiian Islands. infection rate was significantly Japanese Islands. West Nile virus has not been correlated with rainfall; however, Diseases such as West Nile virus, documented in Japan (Shirafuji et al. differences were not detected in avian cholera, and avian influenza have 2011, entire), and we have no fledging rate in years with high pox not been documented in north Pacific information to suggest that West Nile infections (wet years) and years with albatrosses. West Nile virus is a virus occurs within the breeding range low pox infections (dry years), nor with mosquito-borne disease that has had of the black-footed albatross on any of the overall fledging rate on Midway dramatic effects on birds in North the Japanese Islands. Due to the lack of Atoll. America, though it has not been study and available information we are Although it was once thought that detected in the Hawaiian Islands. It has unable to determine the potential extent high chick mortality would result from been found in more than 60 species of and impact, if any, of West Nile virus on infection with avian pox in Laysan dead wild birds, and an additional 20 the black-footed albatross in the albatrosses, even chicks with severe species of dead birds in zoos (Steele et Japanese Islands, should the disease infections survived, and some al. 2000, pp. 208–224; Vetmed 2009). A ever occur there. However, we presently resightings of formerly infected chicks thorough search of the literature have no evidence that it is likely to as healthy adults confirmed indicated that the virulence of West Nile occur on the remote breeding islands of survivorship (Young and VanderWerf virus to black-footed albatrosses, or the species, or to suggest that it may 2008, p. 96). The high recovery rate, albatrosses of any species, has not been pose a significant threat to the Japanese fledging success, and post-fledging tested. As stated above, within the Islands population. survival of albatross chicks with avian breeding range of black-footed Avian cholera is a result of an pox infections suggests strong immunity albatrosses, mosquitoes currently occur infection by the bacterium Patruella to the disease (Young and VanderWerf on Midway Atoll and Lehua Island. For multocida, and usually occurs in large- 2008, p. 93). However, it is not known transmission to occur, either an infected scale outbreaks, most commonly in whether infection may impact long-term bird has to reach a breeding island with migratory waterfowl at staging areas survivorship or reproduction (Young mosquito populations, or a mosquito when populations are concentrated and VanderWerf 2008, p. 96). On Lehua carrying the virus has to reach a (Botzler 1991, pp. 367–395; USGS 1999, Island, 2 of 16 black-footed albatross breeding island. There is some question p. 75). Transmission can occur through chicks were observed with pox lesions as to whether a bird with an active virus inhalation of aerosol containing the in 2005, but appeared to be in good could survive the attempt to fly to the bacteria or through the skin or mucous condition otherwise, and were Hawaiian Islands (Burgett 2009, pers. membranes by contact with presumed to have developed and comm.). A mosquito already infected contaminated surfaces (USGS 1999, p. fledged normally (VanderWerf 2011, with West Nile virus could arrive on 75). Avian cholera was first documented pers. comm.). In summary, the Midway Atoll as a stowaway on an in the large yellow-nosed albatross prevalence of avian pox in black-footed airplane (only Midway Atoll and Tern (Diomedea chlororhynchos) as a albatrosses in the Hawaiian Islands is Island have active runways), but most probable cause of a significant decline low, and based on limited information, flights to these locations originate in in an albatross population. This species it appears that infected individuals Honolulu (where screening protocols breeds on Amsterdam Island in the recover from the disease (Young and are in place, see below), although Indian Ocean and avian cholera is VanderWerf 2008, p. 93. Therefore, we Midway’s runway is available to all suspected to have spread to breeding conclude that avian pox does not pose aircraft as an emergency landing strip colonies of the sooty albatross a significant threat to the black-footed (Flint 2009b, pers. comm.). (Phoebastria fusca) and the very rare albatross in the Hawaiian Islands. Between 2000 and 2009, the State of Amsterdam albatross (D. We are unable to determine the extent Hawaii’s Departments of Agriculture amsterdamensis) that also nest there and impact of avian pox on the black- and Health and the U.S. Department of (Weimerskirch 2004, pp. 374–379). The footed albatross in the Japanese Islands Transportation implemented a West source of avian cholera on Amsterdam due to the lack of study and available Nile virus monitoring program at major Island has not been confirmed but is information. We have no information to airports in the main Hawaiian Islands suspected to have originated from suggest that avian pox is present on any (State of Hawaii 2009). Currently this domestic poultry or by increases in

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temperature in the Indian Ocean, which albatrosses from Midway Atoll have and chicks of the black-footed albatross. increase the persistence of the bacteria been sampled for avian influenza, but To prevent the introduction of rats to in the environment (Weimerskirch 2004, no black-footed albatrosses have been the Northwestern Hawaiian Islands, p. 378). However, avian cholera has not sampled, through either a live or which are part of the PMNM, every been detected in birds in the Hawaiian mortality sample (Fisher 2009, pers. vessel that enters the PMNM is required Islands, and reports of die-offs of wild comm.). None of the seven Laysan by access permit to be inspected for rats birds in countries other than the United albatrosses tested positive for the H5N1 (White 2009, pers. comm.). In 2009, rat States and Canada are uncommon virus (Fisher 2009, pers. comm.). eradication efforts were initiated on (USGS 1999, pp. 80–82). Therefore, we The Northwestern Hawaiian Islands Lehua Island, where less than 0.011 conclude that avian cholera is not a are part of the Mid-Pacific flyway, percent of the rangewide breeding threat to the black-footed albatross in which overlaps with the East Asian- population of black-footed albatrosses the Hawaiian Islands. Australasian flyway. Migratory occurs. Although these efforts were not We have little information with which shorebirds and waterfowl from sites in entirely successful, the eradication to determine the potential extent and the Pacific with documented cases of strategy is continuing to undergo review impact of avian cholera on black-footed H5N1 in wild and domestic birds, and and improvement (Parkes and Fisher albatrosses in the western Pacific also birds from the North American 2011, entire). Lehua Island is the only islands due to the lack of study and west coast and Alaska, are likely to use island currently used by nesting black- available information; although avian the Hawaiian Islands as a stopover or as footed albatrosses in the Hawaiian cholera has been documented in Japan, wintering grounds. If an infected bird Islands that has rats, and because such mostly in domestic birds (Sawada et al. arrives in the Hawaiian Islands, it could a small proportion of the population 1999, p. 21), we have no information come in contact with uninfected birds nests there, we conclude that predation indicating that avian cholera has been and transmit the virus to other wild by rats does not pose a significant threat found on the Japanese islands used for birds, including the black-footed to black-footed albatrosses in the nesting by the black-footed albatross. albatross. Additionally, because black- Hawaiian Islands. Furthermore, these islands are remote, footed albatrosses range widely, they In the Japanese Islands, rats are and, should cholera ever spread to could come into contact with infected documented from Torishima Island and Torishima, the Ogasawara Islands, or birds in waters adjacent to nations that the Ogasawara Islands (Okochi et al. the Senkaku Islands, the geographic have H5N1 infection in wild and 2004, p. 1,466) and could occur on the distance between them makes it domestic birds. However, the H5 Senkaku Islands, though recent survey unlikely that all colonies would be subtypes of avian influenza do not information is not available. The affected simultaneously. Based on the survive well under saline conditions, Ogasawara Islands and Torishima Island limited information available, there is which would reduce their survival in together are home to approximately 5 no evidence to suggest that avian the saline conditions surrounding black- percent of the rangewide breeding cholera may pose a significant threat to footed albatross nesting islands (Brown population and 98 percent of the the Japanese Islands population. et al. 2007, p. 285). The H5N1 avian Japanese Islands population, which has Wild birds have been affected by the influenza has been detected in wild been documented to be increasing H5N1 highly pathogenic avian influenza birds (primarily waterfowl) on the main despite the presence of rats (Cousins since 2002 (Uchida et al. 2008, p. 1). islands of Japan (Uchida et al. 2008, p. and Cooper 2000, p. 23; ACAP 2010, p. Avian influenza is primarily spread by 2); however, H5N1 avian influenza has 4; Hasegawa 2010 pers. comm.). Even direct contact between infected birds not been detected in wild birds on the though there has been no documented and healthy birds, and through indirect Japanese Islands (Torishima Island, effect of rat predation on the population, contact with contaminated equipment Ogasawara Islands, Senkaku Islands). it is likely that rat predation is limiting and materials. The virus is excreted The possibility of infection of black- the growth potential of the population, through the feces of infected birds and footed albatrosses with the H5N1 virus and an effort should be made to through secretions from the nose, appears to be low, and we have no eradicate the rats from Torishima. mouth, and eyes (USDA 2007). evidence to suggest that it poses a Nonetheless, the continued positive International surveillance for H5N1 significant threat to the species growth of the populations in Japan (see avian influenza in wild birds was anywhere within its range. Therefore, Figure 4) indicates that predation by rats initiated in 2005. To date, H5N1 avian we conclude that H5N1 avian influenza is likely not a limiting factor for these influenza has not been detected in wild is not a significant threat to the black- populations; therefore, we conclude that birds in the mainland United States, the footed albatross across its range, in the predation by rats does not pose a Hawaiian Islands, nor in Canada Hawaiian Islands, or in the Japanese significant threat to black-footed (Wildlife Disease 2009). As of Islands. Furthermore, at this time the albatrosses in the Japanese Islands. September 2009, almost 4,000 samples limited information available does not Predation by sharks has been had been collected from birds in the suggest that the effects of climate change suggested as a possible threat to the Hawaiian Islands, with no samples are likely to increase the threat of avian black-footed albatross. Sharks are testing positive for the virus (Wildlife disease to the black-footed albatross. present offshore of all breeding islands Disease 2009). For logistical reasons, In summary, based on our assessment and prey upon fledglings on their first surveillance in the Pacific region is of the best scientific and commercial flight out to sea; this likely occurs implemented in locations where people data available, we conclude that the throughout the range of the black-footed are stationed. In remote areas such as black-footed albatross is not threatened albatross, but is best documented in the the Northwestern Hawaiian Islands, by disease across its range, in the Northwestern Hawaiian Islands sampling is passive and consists of Hawaiian Islands, or in the Japanese (Naughton et al. 2007, p. 10). On Tern testing dead birds; mortalities that are of Islands. Island, it is estimated that concern or are questionable are sent to approximately 10 percent of black- the USGS Honolulu Field Station for Predation footed albatross fledglings are necropsy and testing for avian influenza All of the islands in the Northwestern depredated by sharks (Wake Forest (Fisher 2009, pers. comm.). In the Hawaiian Islands are free of rats (Rattus University 1999, p. 1). Predation of course of 3 years, seven Laysan spp.), which are known to prey on eggs fledging black-footed albatrosses by

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sharks is a natural source of mortality, assess the susceptibility of black-footed either disease or predation rangewide, and modeling efforts by numerous albatrosses to these diseases (H5N1 in the Hawaiian Islands, or in the authors (Cousins and Cooper 2000, avian influenza, West Nile virus, and Japanese Islands. entire; Lewison and Crowder 2003, avian cholera). If any of these diseases Factor D. The Inadequacy of Existing entire; Wiese and Smith 2003, entire; becomes established in the breeding Regulatory Mechanisms Niel and LeBreton 2005, entire; Veran et islands of the black-footed albatross in al. 2007, entire; and Arata et al. 2009, the future, this species may be To determine whether existing entire) have incorporated estimates of impacted, but the remoteness of its regulatory mechanisms protect the juvenile survivorship into their Pacific islands breeding habitat black-footed albatross, we reviewed population projections that account for decreases the likelihood of transmission existing international and U.S. sources of mortality, such as shark of these diseases to these areas. conventions, agreements, and laws for predation, that may be present but Therefore, we conclude that H5N1 avian the specific protection of black-footed cannot be quantified. Since measures of influenza, West Nile virus, and avian albatrosses or their marine and juvenile survivorship reflect all sources cholera do not pose a significant threat terrestrial habitats in the countries of mortality, including shark predation, to the black-footed albatross rangewide, where they forage, migrate, and breed. and these models report mostly stable in the Hawaiian Islands, or in the The black-footed albatross ranges and increasing populations of black- Japanese Islands. throughout the north Pacific and forages footed albatrosses in both the Hawaiian Predation by nonnative rats is not a and breeds within multiple national Islands and the Japanese Islands (Wiese threat to black-footed albatrosses in the jurisdictions and international waters. and Smith 2003, p. 35; Arata et al. 2009, Northwestern Hawaiian Islands, where First, we discuss the protection status of p. 51; ACAP 2010, p. 5; Figure 4, this 95 percent of the species breeds, the black-footed albatross and its marine document), we cannot conclude that because: (1) There are no rats on these and terrestrial habitat at international, shark predation is having a population- islands; and (2) protocols are in place to national, and regional levels, followed level effect on the black-footed prevent the inadvertent introduction of by a discussion of international and albatross. We, therefore, have no rats to these islands or to eradicate them national fisheries regulations that are evidence to suggest that shark predation if they are accidentally introduced designed to reduce and monitor seabird may pose a significant threat to the (White 2009, pers. comm.). Rat bycatch from fisheries operations. black-footed albatross population eradication efforts are ongoing on Lehua rangewide, in the Hawaiian Islands, or Island in the main Hawaiian Islands, International Protection where less than 0.01 percent of the in the Japanese Islands. Because the black-footed albatross rangewide black-footed albatross ranges across the jurisdictions of Summary of Factor C population breeds. Rats are reported on multiple nations (e.g., United States, The prevalence of avian pox is low for Torishima Island and the Ogasawara Canada, Japan, Russia), international black-footed albatrosses in the Hawaiian Islands, where almost 5 percent of the agreements may provide some Islands. Although mortality from avian black-footed albatross population breeds protection for the species (Table 5). pox was once thought to be relatively rangewide; however, the breeding Most of the agreements and conventions high, more recent information indicates colonies on these islands appear to be listed in Table 5 stem from bilateral that infected individuals recover and increasing, despite the presence of rats most likely survive. Because of a lack of (Hasegawa 2010, pers. comm.). It is implementation of the Migratory Bird study and available information, we are unknown if rats are present on the Treaty Act (see description below), or unable to determine the extent, if any, Senkaku Islands, where less than 0.1 have provisions similar to the Migratory and impact of avian pox on black-footed percent of the black-footed albatross Bird Treaty Act such that the albatrosses in the western Pacific breeding population nests. Based on the circumstances under which migratory islands, but we have no evidence to lack of evidence that rats are having any species, including the black-footed suggest that it may pose a significant limiting effect on black-footed albatross albatross, can be ‘‘taken’’ are restricted. threat to the Japanese Islands populations, we do not consider rat In general, these agreements and population. Based on this information, predation to be a significant threat to the conventions prohibit the hunting, we conclude that avian pox does not black-footed albatross in the Japanese selling, or purchase of migratory bird pose a significant threat to the black- Islands. Therefore, we conclude that species, unless the actions are otherwise footed albatross rangewide, in the predation by rats does not pose a permitted (Harrison et al. 1992, pp. Hawaiian Islands, or in the Japanese significant threat to the black-footed 266–267). Islands. albatross rangewide, in the Hawaiian Other avian diseases, such as H5N1 Islands, or in the Japanese Islands. TABLE 5—CONSERVATION LEGISLA- avian influenza, West Nile virus, and Shark predation is a natural source of TION, CONVENTIONS, AGREEMENTS, avian cholera, have not been mortality for the black-footed albatross. AND LISTINGS FOR THE BLACK- documented in the Hawaiian Islands or However, population models that have FOOTED ALBATROSS in the black-footed albatross breeding taken this natural source of mortality islands in the western Pacific. The into account report stable and International H5N1 avian influenza has been reported increasing populations of black-footed only on the main islands of Japan and albatross (Arata et al. 2009, p. 51). United Nations Convention on Migratory Spe- has been associated primarily with Therefore, we conclude that predation cies. domestic birds and migratory waterfowl by sharks does not pose a significant IUCN Red List of Threatened Species. (Uchida et al. 2008, pp. 1–8). It has not threat to the black-footed albatross Agreement on the Conservation of Albatrosses and Petrels. been reported from albatrosses on these rangewide, in the Hawaiian Islands, or North American Agreement on Environmental islands or from black-footed albatrosses in the Japanese Islands. Cooperation. on Torishima Island, the Ogasawara Based on our assessment of the best USA—Canada Convention for the Protection Islands, or the Senkaku Islands, but this scientific and commercial data of Migratory Birds. may be because of a lack of study. No available, we conclude that the black- USA—Mexico Convention for the Protection other data are available with which to footed albatross is not threatened by of Migratory Birds and Game Mammals.

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TABLE 5—CONSERVATION LEGISLA- The black-footed albatross is listed in footed albatross (i.e., United States, TION, CONVENTIONS, AGREEMENTS, Appendix II of the United Nations Japan, Canada, Mexico, Russia) are AND LISTINGS FOR THE BLACK- Convention on Migratory Species; members of this agreement. Therefore, FOOTED ALBATROSS—Continued otherwise known as the Bonn ACAP does not currently offer any Convention. Species listed in Appendix protections to the black-footed albatross. USA—Japan Convention for the Protection of II have been identified as needing or The North American Agreement on Migratory Birds and Birds in Danger of Ex- benefiting from international Environmental Cooperation (NAAEC), tinction, and Their Environment. cooperation (Convention on Migratory an agreement between the United States, USA—Russia Convention Concerning the Species 2009). The black-footed Mexico, and Canada, may provide some Conservation of Migratory Birds and Their albatross is included in the IUCN Red protection for the species since the Environment. List Category as an ‘‘Endangered’’ black-footed albatross ranges into Japan—China Agreement Protecting Migra- species; this designation was based on Mexico and Canada. The NAAEC was tory Birds and their Habitats. projected or suspected population size negotiated and is being implemented in National reduction of greater than 50 percent, to parallel with the North American Free be met within the next 10 years or 3 Trade Agreement. The NAAEC requires United States of America: generations, whichever is the longer that each party ensure that its laws Migratory Bird Treaty Act. (IUCN 2001, pp. 18–19). However, as provide for high levels of environmental National Wildlife Refuge System Im- described above, the results of the protection. Each party agreed to provement Act. models that in part prompted this status effectively enforce its environmental Birds of Conservation Concern. change (Cousins and Cooper 2000, laws through appropriate means, such Magnuson—Stevens Fishery Conserva- entire; Lewison and Crowder 2003, as the appointment and training of tion and Management Act. entire) appear to have inadvertently inspectors, monitoring compliance, and National Marine Sanctuaries Act. double-counted the effects of mortality pursuing the necessary legal means to Canada: seek appropriate remedies for Migratory Birds Convention Act. from fisheries and have not been Species at Risk Act of 2002. supported by others (Niel and Lebreton, violations. The Commission for China: 2005, 9 pp.; Arata et al. 2009, pp. 48– Environmental Cooperation was created Wildlife Protection Law of 1988. 49). In addition, the lead author of the under the NAAEC and is authorized to Japan: Lewison and Crowder (2003) paper has develop joint recommendations on Wildlife Protection and Hunting Law. pointed out that some of the key approaches to environmental Nature Conservation Law. assumptions in that paper are now compliance and enforcement. However, Mexico: known to be inaccurate, consequently we are unaware of any protection Norma Oficial Mexicana NOM–059– the population trajectories that were measures specific to the black-footed ECOL–2001 0 (List of Species at projected are not reliable (Lewsion albatross, or to albatrosses in general, Risk). 2007, pers. comm.). We do not consider currently in place under NAAEC. the IUCN Red List to be an ‘‘existing The USA—Canada Convention for the Regional regulatory mechanism,’’ because the Protection of Migratory Birds establishes British Columbia (Canada): IUCN is a non-governmental a legal framework for protecting British Columbia Wildlife Act. organization and a listing on the Red migratory birds and establishes List has no legal effect. regulations for their cross-boundary The black-footed albatross is not protection (Treaties 2009). The USA— Much of the marine foraging range of currently listed under the Convention Mexico Convention for the Protection of the black-footed albatross is the high on International Trade in Endangered Migratory Birds and Game Mammals seas, outside of national jurisdictions. Species of Wild Fauna and Flora adopts a system for the protection of Although some protections may (CITES), but trade of the black-footed certain migratory birds in the United technically be provided in some of these albatross is not known to occur. The States and Mexico. It provides for areas through various agreements, such black-footed albatross is not a species enactment of laws and regulations to as regional fisheries management listed under the United Nations protect birds by establishing closed organizations, the enforcement and Convention on the Conservation of seasons and refuge zones (Treaties monitoring of such agreements is Migratory Species of Wild Animals 2009). The USA—Japan Convention for difficult and as a consequence a large (UNEP–CMS), and the United States and the Protection of Migratory Birds and percentage of the black-footed Canada are not signatories of this Birds in Danger of Extinction and Their albatross’s foraging range has little agreement (Convention on Migratory Environment prohibits the taking of protection (Gilman et al. 2008, p. 13). Species 2009); therefore, the black- migratory birds or their eggs, unless Some protections may be afforded in footed albatross receives no protection there are permitted exceptions for marine protected areas (MPAs), which under this agreement. subsistence. The USA—Japan now cover an estimated 4.32% of The Agreement on the Conservation Convention also specifies that each continental shelf areas and 2.86% of of Albatrosses and Petrels (ACAP) is a party shall seek means to prevent waters within 20 nautical miles of multilateral agreement that seeks to damage to such birds and their coastlines across the globe (Toropova et conserve albatrosses and petrels by environment, including damage al. 2010, p. 28), but the marine foraging coordinating international activity to resulting from pollution of the seas range of the black-footed albatross is in mitigate known threats to albatross and (Treaties 2009). The USA—Russia one of the lowest areas of MPA coverage petrel species (Convention on Migratory Convention Concerning the (Toropova et al. 2010, pp. 30–31). On Species 2009). It is a legally binding Conservation of Migratory Birds and the other hand, most of the terrestrial treaty that requires signatory Their Environment (Treaties 2009) habitat used for nesting by the black- governments to take action to reduce specifies each party shall prohibit the footed albatross is protected, and a albatross and petrel bycatch in fisheries taking of migratory birds, the collection number of marine areas where they are and to protect breeding colonies. of their nests and eggs, and the known to forage are protected by refuge Currently, none of the nations in the disturbance of nesting colonies. The or monument designations. marine or terrestrial range of the black- treaty also mandates that, to the extent

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possible, the parties shall undertake list of migratory birds protected by the monument is prohibited without a measures necessary to protect and MBTA. permit. enhance the environment of migratory The National Wildlife Refuge System Kaula Island is not part of the birds and to prevent and abate pollution is managed by the Service under the National Wildlife Refuge System. or detrimental alteration of that National Wildlife Refuge System Although the island has been used by environment. The Japan—China Improvement Act of 1997 primarily for the U.S. Navy for bombing practice Agreement Protecting Migratory Birds the benefit of fish, wildlife, and plant since the early 1950s, the State of and their Habitats prohibits the hunting resources and their habitats (USFWS Hawaii named Kaula Island a State of migratory birds and the collection of 2009b). The National Wildlife Refuge Seabird Sanctuary in 1972. Permission their eggs, encourages the exchange of System Improvement Act requires, from the U.S. Navy is required to land data relating to migratory birds, and among other things, that a on Kaula Island. encourages protection and management comprehensive management plan be in The Magnuson-Stevens Fishery of migratory bird habitat (UN 1983, pp. place for each refuge. The plan Conservation and Management Act 229–230). describes the desired future conditions (MSA) guides management of U.S. The black-footed albatross is not of a refuge or planning unit and fisheries within its EEZ, and specifies covered specifically under any of these provides long-range guidance and that bycatch-related mortality of non- conventions. Although many of these management direction to achieve the target fish should be minimized. It does international agreements or conventions purposes of the refuge; helps fulfill the not include seabirds in its definition of have good intentions and may serve to mission of the Refuge System; maintains bycatch, so does not directly mandate draw attention to the conservation and, where appropriate, restores the seabird bycatch reduction. However, it promotes the development of bycatch needs of the black-footed albatross, ecological integrity of each refuge and reduction technology and authorizes relatively few extend any real protection the Refuge System; helps achieve the incentives and cooperative bycatch to the species. The Agreement on the goals of the National Wildlife reduction programs between Federal Conservation of Albatrosses and Petrels Preservation System; and meets other agencies and the industry. The National has perhaps the greatest potential to mandates. As stated earlier, the black- Marine Fisheries Service (NMFS) has provide protection from fisheries footed albatross nests on the following invoked the MSA to reduce seabird bycatch for the black-footed albatross, islands within the National Wildlife bycatch under its mandate to conserve but since the key nations within the Refuge System: Midway Atoll (Midway and manage the marine environment (69 foraging and breeding range of the Atoll NWR), and Pearl and Hermes Reef, FR 1930; January 13, 2004). As Lisianski Island, Laysan Island, French species are not signatories to the described below (Fishery Regulations) agreement, it can only be considered Frigate Shoals, Necker Island, and NMFS has enacted seabird bycatch advisory in effect. Nihoa Island (Hawaiian Islands NWR). minimization measures in multiple Midway Atoll NWR, established in National Protections fisheries that operate within the range of 1988, provides nesting habitat for 39 the black-footed albatross. National protections, particularly percent of the black-footed albatross The National Marine Sanctuaries Act when regulated and enforced in the population. Approximately 52 percent of 1972 (NMSA) (16 U.S.C. 1431 et seq.) countries where the black-footed of black-footed albatrosses nest in the authorizes the Secretary of Commerce, albatross nest, such as the United States Hawaiian Islands NWR. Therefore, a and specifically NOAA, to designate and Japan, or where they forage offshore total of approximately 91 percent of the and protect areas of the marine in national waters (United States, global black-footed albatross population environment with special national Canada, Mexico, Japan, China, Russia, nests on islands within the National significance due to their conservation, Taiwan, Republic of Korea), have the Wildlife Refuge system. recreational, ecological, historical, potential to be beneficial to the species. In 2006, the Northwestern Hawaiian scientific, cultural, or esthetic qualities, United States—The Migratory Bird Islands (renamed Papahanaumokuakea as National Marine Sanctuaries. Within Treaty Act of 1918 (MBTA) states that in 2007) Marine National Monument the range of the black-footed albatross it is unlawful ‘‘to pursue, hunt, take, was designated by Presidential along the western coast of North capture or kill, possess, offer for sale, Proclamation 8031; it is described America, five National Marine sell, offer to barter, barter, offer to earlier in this document. A management Sanctuaries (NMS) have been purchase, purchase, deliver for plan for the monument was completed designated. Four sanctuaries occur off shipment, ship, export, import, cause to in December 2008. The plan includes the coast of California: Cordell Bank be shipped, exported, or imported, strategies to: (1) Restore migratory bird NMS; Gulf of Farallones NMS; Monterey deliver for transportation, transport or habitat by eradicating invasive species Bay NMS; and Channel Islands NMS. cause to be transported, carry or cause and restore native plant communities; One sanctuary occurs off the coast of to be carried, or receive for shipment, (2) minimize the impact of threats to central Washington, the Olympic Coast transportation, carriage, or export, any migratory birds such as habitat NMS. In 1989, Congress passed a law migratory bird, any part, nest, or eggs of destruction by invasive species, disease, that prohibits the exploration for, or the any such bird, or any product, whether contaminants, and fisheries interactions; development or production of, oil, gas, or not manufactured.’’ It provides (3) monitor populations and habitats of or mineral resources in any area of the penalties for anyone in violation of its migratory birds to ascertain natural Cordell Bank NMS (Pub. L. 101–74). provisions. It also implements the variation and to detect changes in that The Marine Protection, Research, and commitment of the United States to variation that might be attributed to Sanctuaries Act of 1972 (Pub. L. 92– international conventions with Canada, human activities, including 532,) prohibits leasing, exploration of, Japan, Russia, and Mexico (see above) anthropogenically caused climate producing, or developing oil and gas in for the protection of a shared migratory change; and (4) as threats are removed, the Monterey Bay NMS, and includes a bird resource. Each of the conventions restore seabird species at sites where requirement for Federal agencies to protects selected species of birds that they have been extirpated (NOAA et al. consult on activities that are likely to are common to both countries. The 2008, pp. 173–179). Human activity is injure sanctuary resources. The ‘‘no- black-footed albatross is included in the highly regulated, and entry into the take’’ marine reserves and one of the

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limited-take marine conservation areas and ingestion of plastic and pollutants percent of the rangewide population in the Channel Islands NMS includes (COSEWIC 2007, p. iii). and 2 percent of the Japanese Islands Federal waters 6 nautical mi (11 km) We consider existing protections in population nests. from land, which prohibits or limits Canada adequate for black-footed The existing protections afforded the removal of and injury to any Channel albatross conservation, but note that black-footed albatross on the majority of Islands NMS resource (74 FR 3216; these protections are limited to birds on Japanese Islands where it breeds and January 16, 2009). land and in the generally protected nests provide for its conservation, but All of the existing U.S. Federal marine environment, and provide no have no effect in marine environments protections described above assist in the protection to the species on or in international waters where the conservation of the black-footed international waters where the majority species forages. albatross and its habitat in the United of black-footed albatrosses forage. Mexico—The black-footed albatross is States, where 95 percent of the species Japan—The Wildlife Protection and listed as a Threatened Species in breeds and nests. These protections Hunting Law was created to protect Mexico (List of Species at Risk, Annex have no effect on international waters birds and mammals, to increase 2 of the Norma Oficial (the official body where the species forages. populations of birds and mammals, and of regulations of the Mexican Canada—The Migratory Birds to control pests through the Government) Mexicana NOM–059– Convention Act (1994) (MBCA) is a implementation of wildlife protection ECOL–2001). Threatened species are statute that implements the 1916 MBCA projects and hunting controls (Wildlife defined as species in danger of between Canada and the United States Protection System 2009). This law disappearance in the short- to medium- (Canada Minister of Justice 1991, entire) restricts hunting to game species. The term, if factors that adversely affect their and protects the black-footed albatross black-footed albatross is not hunted in viability, such as causing damage or in Canada. Under the MBCA, the Japan and is not otherwise protected modification of habitat or directly Governor in Council regulates migratory under this law. While Japan’s Nature reducing the size of their populations, nongame bird species, such as the black- Conservation Law enables the continue to operate. Because there footed albatross, by prohibiting the establishment of marine areas and currently is no established breeding killing, capturing, injuring, taking, or nature conservation areas, no marine population of the black-footed albatross disturbing of migratory birds or the reserves to protect the black-footed in Mexico (see Species Biology, damaging, destroying, removing, or albatross have been created (Harrison et Breeding Distribution), this provides disturbing of nests; prescribing al. 1992, p. 269). Torishima Island, minimal protection to the species. protection areas for migratory birds and where 3.5 percent of the rangewide However, if black-footed albatrosses nests; and requiring the control and population of the black-footed albatross begin nesting and otherwise utilizing management of those areas (Canada nests (67 percent of the Japanese Islands the islands of Guadalupe or San Minister of Justice 1991, entire). The breeding population), has been a Benedicto where they have been MBCA does allow for take of migratory protected national natural monument sporadically reported on a more birds by aboriginal people, but the since 1965 and can be visited only with consistent basis, then protection while black-footed albatross is not known to special permission (USFWS 2008a, p. on land will be afforded them. be hunted by First Nation people 33). Landing on the island is very The protections for black-footed (COSEWIC 2007, pp. 38–39). In June difficult due to heavy seas and lack of albatross in Mexico are helpful in terms 2005, Bill C–15 amended the MBCA to suitable landing beaches or facilities, of raising awareness regarding the more effectively protect migratory birds and, therefore, it is unlikely that the conservation of the species, and will and the marine environment from the black-footed albatross is threatened by afford the species protection should it discharge of harmful substances into human activity on the island. The become established there, but at this marine waters (Fisheries and Oceans Ogasawara Islands, used for nesting by time protection is limited, since there is Canada (FOC) 2007, p. 4). Bill C–15 1.5 percent of the rangewide black- not an established breeding population clarifies that migratory birds are footed albatross breeding population (30 of black-footed albatrosses in Mexico. protected as both individuals and percent of the breeding population in populations, and addresses matters the Japanese Islands), are included in Regional Protection related to birds oiled at sea (FOC 2007, the Ogasawara National Park. In 2001, Hawaiian Islands (United States)— p. 4). Japan’s Ministry of the Environment and Lehua Island and Kure Atoll are The black-footed albatross was Ministry of Agriculture, Forestry, and managed by HDLNR as State Seabird designated a species of ‘‘special Fisheries submitted the Ogasawara Sanctuaries. The HDLNR manages State concern’’ in 2007 under Canada’s Islands as a candidate for designation as seabird sanctuaries for the conservation Species at Risk Act of 2002 (Species at a World Heritage Site. World Heritage is and protection of indigenous wildlife, Risk Act, or SARA), legislation similar a program of the United Nations including seabirds (Hawaii to the U.S. Endangered Species Act. A Educational, Scientific, and Cultural Administrative Rules Title 13, Subtitle species of special concern under SARA Organization (UNESCO) to encourage 5, Part 2, Chapter 125, section 107). is a species of wildlife that may become the identification, protection and Kaula Island has also been designated a a threatened or endangered species preservation of cultural and natural State Seabird Sanctuary, although the because of a combination of biological heritage around the world considered to Navy uses Kaula Island for inert characteristics and identified threats, be of outstanding value to humanity ordnance and gunnery activities, and but this classification in and of itself (World Heritage 2009). Recognition of access to the island is prohibited. Thus, does not provide any specific regulatory the Ogasawara Islands as a World we cannot determine the level of protections to the species. In its Heritage site could lead to additional protection this State designation affords assessment and status report on the protections in the future, but does not to the black-footed albatross or its black-footed albatross, COSEWIC presently afford any additional nesting habitat on Kaula Island. determined that the black-footed regulatory protections. We are unaware Alaska (United States)—Alaska has a albatross was of ‘‘special concern’’ of any protections afforded the black- State endangered species law, but the based on modeled population declines footed albatross or its nesting sites on black-footed albatross is not State-listed due to mortality from fishing operations the Senkaku Islands, where less than 0.1 as endangered or as a species of concern

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(Alaska Department of Fish and Game Fishery Regulations agreement to conserve and manage 2009). The Alaska Department of Fish In the north Pacific, seven commercial targeted and associated species within and Game, Division of Subsistence, has longline fisheries overlap with the EEZ waters, and to promote cooperation not conducted a survey to assess black-footed albatross foraging range: with other states in the conservation customary and traditional uses of the pelagic tuna (Thunnus spp.) and and management of living resources in albatrosses, and comprehensive swordfish (Xiphias gladius) fisheries, the high seas (Harrison et al. 1992, p. household surveys have not specifically the demersal (on or near the seabed) 269). It requires nation states to take inquired about uses of albatrosses. groundfish fishery in the Bering Sea and conservation measures to protect the However, throughout more than 20 Gulf of Alaska; the demersal Pacific living resources of the high seas; to years of comprehensive research on halibut (Hippoglossus stenolepis) cooperate and enter into negotiations customary and traditional uses of wild fishery in Alaska; the demersal fishery with states whose nationals exploit animals and plants by Alaska’s native off the west coast of the United States, identical living resources, or different peoples, the Division of Subsistence has and the demersal rockfish (Sebastes living resources in the same area; and to not recorded harvest of black-footed spp.) and halibut fisheries in B.C., maintain or restore populations of albatrosses (State of Alaska (SOA), pp. Canada (Smith and Morgan 2005, pp. 4– harvested species at levels that can 3–4). 12). Approximately 3,000 pelagic produce the maximum sustainable yields. Canada, China, Japan, Mexico, California (United States)—In 1999, longline vessels from Japan, China, Korea, Taiwan, Mexico, and the United the Republic of Korea, and Russia are the California Legislature approved, and signatories of UNCLOS; however, the the governor signed, the Marine Life States operate in the north Pacific. In addition, Canada, Japan, Russia, and the United States has not signed it. In Protection Act (MLPA; Stats. 1999, addition, the United States, Canada, Chapter 1015). While the black-footed United States operate approximately 17,000 demersal longline vessels in the Japan, and Russia ratified the United albatross is not expected to benefit Nations Agreement for the directly from this program, the MLPA north Pacific (Gilman et al. 2005, p. 36). In a satellite telemetry study of black- Implementation of the Provisions of the requires California Fish and Game to United Nations Convention on the Law prepare and present to the Fish and footed albatrosses captured in Alaskan waters, black-footed albatrosses of the Sea of 10 December 1982 relating Game Commission a master plan that overlapped with the sablefish to the Conservation and Management of will guide the adoption and (Anoplopoma stenolepsis) and Pacific Straddling Fish Stocks and Highly implementation of a Marine Life halibut longline fisheries, and also the Migratory Fish Stocks (U.N. Fish Stocks Protection Program, which includes a pot cod (Gadus macrocephalus) fishery Agreement), which entered into force in statewide network of marine protected within the Alaskan EEZ (Fischer et al. 2001 (U.N. 2009b). The U.N. Fish Stocks areas. Four of five regional marine 2009, pp. 755–756). Black-footed Agreement sets forth conservation and protected area planning processes have albatrosses that entered international management principles for straddling been developed thus far under the waters spent almost 30 percent of their and highly migratory fish stocks. MLPA (California Department of Fish time there, and may have encountered Black-footed albatrosses experienced and Game 2011). the albacore tuna (Thunnus alalunga) high rates of mortality (an estimated Oregon (United States)—Oregon is fishery (Fischer et al. 2009, p. 757). Of 50,000 birds between 1978 and 1992) in currently planning a series of marine the birds that entered the Canadian EEZ, the squid and large-mesh driftnet reserves that would protect waters black-footed albatrosses overlapped fisheries, which were operational from within 3 mi (4.8 km) of the coast. The with the Pacific halibut longline fishery the early 1970s until 1992 (Arata et al. first reserve was designated in June (Fischer et al. 2009, p. 757). Overall, this 2009, pp. 14, 62). These fisheries used 2009 (Oregon Marine Reserves 2009). study demonstrated that post-breeding large nets, 9 to 37 mi (15 to 60 km) long, The level of protection given to black- black-footed albatrosses favor highly vertically suspended in the water, from footed albatrosses in this reserve system productive waters and are likely to the surface to 20 to 26 ft (6 to 8 m) deep is unknown. encounter fishery activity in their entire (Arata et al. 2009, p. 13). Due to the high rate of incidental mortality to seabirds, Washington (United States)—The preferred foraging habitat, putting sea turtles, marine mammals, and State of Washington has developed State foraging birds at risk of incidental nontarget fish, the 1992 U.N. General Aquatic Reserves to preserve and mortality. Assembly agreed to a nonbinding protect the State’s living resources. To Reliable population analyses provide resolution, United Nations Resolution date, all of the designated reserve areas evidence that conservation measures 46–215 (United Nations 1991), to ensure are inland, and likely do not afford implemented thus far have been highly effective in reducing the incidental a global moratorium on all large-scale additional protection of black-footed pelagic driftnet fishing on the high seas albatrosses or their foraging habitat. mortality of black-footed albatrosses (Awkerman et al. 2008; Arata et al. of the world’s oceans and seas. Because British Columbia (Canada)—The 2009, pp. 14, 46; Moore et al. 2009, p. the U.N. moratorium applied only to black-footed albatross is considered to 444; ACAP 2010, p. 12). In this section high seas fisheries, driftnet fisheries still be a species of special concern in British we review international conventions exist in the EEZs of some countries. Columbia (B.C.). Species of special and guidance, national plans and Laysan albatross bycatch has been concern are particularly sensitive or fishing regulations, and regional fishery documented in the Japanese salmon vulnerable to human activities or actions enacted to address impacts to driftnet fishery in the Russian EEZ, and natural events. They are considered at seabirds, such as the black-footed in the United States, large mesh gillnets risk but are not endangered or albatross, from mortality incidental to are used within the EEZ off the coasts threatened (British Columbia fishing operations. of California and Oregon (Arata et al. Conservation Data Center 2009). The 2009, p. 13). However, by establishing a B.C. Wildlife Act is the provincial International moratorium on high seas driftnet equivalent of Canada’s Migratory Birds The United Nations Convention on fisheries, the implementation of Convention Act, and offers the same the Law of the Sea of 1982 (UNCLOS) Resolution 46–215 in 1992 has removed protections. is a legally binding international a significant source of black-footed

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albatross mortality from driftnet to reduce the incidental catch of Japan developed an NPOA in 2001 fisheries throughout its range (Cousins seabirds in longline fisheries and and revised the plan in 2009. The plan and Cooper 2000, p. iii; Arata et al. should: (1) Prescribe appropriate focuses on four fisheries for which 2009, p. 62; Moore et al. 2009, Figures mitigation methods with proven measures for incidental catch are 3a and 3b, p. 444). At this time we do efficiency; (2) contain plans for research required: (1) Distant-water tuna longline not consider pelagic driftnet fisheries, as and development of the most practical fishing, for vessels over 109,000 currently managed, to be a threat to the and effective seabird deterrent devices, kilograms (kg) (120 tons (T)) that fish black-footed albatross throughout its improve other technologies and within the Pacific Ocean; (2) near-shore range, but as long as driftnets are used practices that reduce the incidental longline tuna fishing for vessels 9,100 within black-footed albatross foraging capture of seabirds, and undertake kg to 109,000 kg (10 to 120 T) that habitat, some mortality will continue research to evaluate the effectiveness of operate in near-shore waters and the even if not recorded. mitigation measures; (3) prescribe central and western Pacific; (3) coastal The Pacific halibut fishery is managed means to raise awareness among longline tuna fishery for vessels of 9,100 by the International Pacific Halibut fishermen, fishing associations, and kg to 18,100 kg (10 to 20 T) that operate Commission (IPHC), a public other groups about the need to reduce in Japan’s EEZ; and (4) other longline international organization established incidental catch of seabirds in longline fisheries that operate in Japan’s coastal by a convention between the fisheries; (4) provide information about and offshore areas. The plan notes that governments of Canada and the United technical or financial assistance for incidental catch of the black-footed States. The fishery operates in Oregon, reducing incidental catch of seabirds; albatross may occur in near-shore areas Washington, Alaska, and British (5) describe and implement outreach of Japan during the breeding season Columbia, Canada. In December 2001, programs to improve the understanding (Fisheries Agency Japan (FAJ) 2009, p. the North Pacific Fishery Management of the problem; and (6) prescribe data 3). The policy for mitigation of bycatch Council required all Pacific halibut collection programs to determine includes the implementation of vessels greater than 17 m (55 ft) to incidental catch of seabirds and the mitigation measures under the implement seabird avoidance measures, effectiveness of mitigation measures, jurisdiction of Regional Fishery including the use of streamer lines, including the use of onboard observers Management Organizations, pursuant to which have been shown to be almost (Food and Agriculture Organization their resolutions, and voluntary 100 percent effective in reducing 2009). implementation of mitigation measures mortality in species such as albatrosses Within the range of the black-footed outside the jurisdiction of Regional (Melvin et al. 2006, p. 4). Currently, albatross, the United States, Canada, Fishery Management Organizations. observers are not required on Pacific Taiwan is not a member State of the and Japan have each developed NPOAs. halibut vessels and bycatch in this FAO but still developed an NPOA in The U.S. NPOA was developed in 2001 fishery is not well understood because 2006. The Taiwanese plan includes through a collaborative effort by NMFS, no systematic observer program has efforts to reduce the incidental catch of the Service, and the Department of State been in place (Fischer et al. 2009, p. seabirds in longline tuna fisheries, such and is organized around three themes: 758; ACAP 2010, p. 13). However, as providing assistance for the Action items, interagency cooperation, although the rangewide impact of the installation of bird avoidance and international cooperation. Action Pacific halibut fishery on the black- equipment, financial assistance to items include fishery assessments, data footed albatross is not specifically vessels for bird avoidance equipment, known, estimates obtained from fishing collection, prescription of avoidance public outreach about bird conservation effort data suggest that the number of measures, outreach, education, and to the fishing community, and black-footed albatross killed by U.S. and reporting (NOAA 2001, pp. 12–14). The enhancement of international Canadian halibut fisheries remains Interagency Seabird Working Group, cooperation and scientific research relatively low (Arata et al. Fig. A4, p. 64; comprising staff from NMFS, the (Fisheries Information Services 2009). p. 65). Management for the conservation Service, and the Department of State, We are not aware if Mexico, Korea, of the black-footed albatross and other was formed to continue to address China, or Russia have developed seabirds would be improved by more seabird bycatch issues and help NPOAs. accurate knowledge of the bycatch from coordinate implementation of the NPOA National the Pacific halibut fishery. and IPOA. The Food and Agriculture Canada’s NPOA was developed in Currently, Japan, Canada, and the Organization of the U.N. (FAO) 2007 and provides an assessment of United States have adopted regulations recognized the bycatch of seabirds in bycatch levels of seabirds within to reduce seabird mortality in the longline fisheries as a worldwide issue. Canada’s longline fisheries, identifies demersal and pelagic longline fisheries. In March 1997, FAO developed priorities for the NPOA, highlights Below we describe regulations guidelines leading to an International Canada’s legislative framework and implemented by these nations to Plan of Action to Reduce the Incidental international commitments, reviews minimize bycatch of seabirds in Catch of Seabirds in Longline Fisheries Canada’s integrated fisheries longline fisheries. We also describe the (IPOA), in which participation is management framework, and presents a extent of observer coverage in the voluntary. The IPOA recommended that series of actions for better identifying fisheries, as this relates to the ability to States with longline fisheries conduct bycatch levels and further enhancing quantify bycatch and evaluate the an assessment of these fisheries to efforts to reduce the incidental capture efficacy of minimization measures. determine if a problem exists with of seabirds (FOC 2007, p. 1). Actions Japan—The Japanese government respect to incidental catch of seabirds. include reviewing and enhancing requests the collection of information If a problem exists, the IPOA states that scientific observer programs, promoting when seabird bycatch occurs, but does States should adopt a National Plan of the use of mitigation measures to reduce not require it (Rivera 2001, p. 2). For a Action (NPOA) for reducing the seabird bycatch, outreach and education number of years, the Service has incidental catch of seabirds in longline about seabird bycatch and the NPOA, attempted to obtain bycatch data from fisheries. The NPOA is a plan that a and reassessing incidental take at the the Japanese Ministry of Environment, State designs, implements, and monitors national level (FOC 2007, pp. 12–16). but has not received the information

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(Balogh 2009, pers. comm.). Due to the determine the impact of the Canadian operations, as the shallow-set segment lack of data and available information fisheries on the black-footed albatross was still closed as a result of the U.S. on enforcement and monitoring throughout its range. District Court ruling. measures implemented on Japanese United States—NMFS has invoked The shallow-set segment of the longline fishing vessels since the the Magnuson-Stevens Fishery longline fishery remained closed inception of the NPOA, we are unable Conservation and Management Act to throughout 2002 and 2003 and reopened to determine the impact of Japanese reduce seabird bycatch under its April 2, 2004 under a new management longline fishing on the black-footed mandate to conserve and manage the program, which limited fishing effort albatross. As stated earlier, many plans marine environment (69 FR 1930; (69 FR 17329). A revised rule and agreements have good intentions January 13, 2004). Observer coverage is incorporating seabird minimization and, if implemented, stand to have established by NMFS on a fishery- measures for the shallow-set fishery was positive effects on the problem of specific basis through regulations under issued December 19, 2005 (70 FR bycatch. Because many of these are the authority of the Marine Mammal 75075). The revised rule required 100 voluntary programs and agreements, Protection Act, the Endangered Species percent coverage of the shallow-set there is no required management or Act, or the Magnuson-Stevens Fishery fishery by scientific observers, primarily mitigation; therefore, there is no Conservation and Management Act to ensure compliance with sea turtle enforcement of management activities or (Moore et al. 2009, p. 438). bycatch regulations, but also to detect monitoring or data collection. Hawaii-based longline fishing is and record seabird bycatch. Since 2005, Canada—The black-footed albatross divided into two segments, the tuna the estimate of the number of black- foraging range overlaps with the (Thunnus spp.) and swordfish (Xiphias footed albatrosses observed caught in rockfish and halibut fisheries in gladius) fisheries, which operate the Hawaii-based longline fishery has Canada’s EEZ. An estimated 55 to 253 between 0° N and 40° N latitude. remained below 300 birds per year, black-footed albatrosses were taken in Swordfish (shallow-set) fishing effort is which is significantly lower than rates the B.C. halibut and rockfish fisheries generally concentrated between 30° N observed prior to the implementation of between the years 2000 and 2002 (Wiese and 35° N latitude (NMFS 2008, pp. 33– seabird bycatch minimization measures and Smith 2003, pp. 46–48). The B.C. 34). The deep-set (tuna) fishery is (NMFS, unpubl. data). commercial halibut fishery is managed traditionally considered to operate On March 18, 2009, NMFS proposed internationally by the IPHC (described between 140° W and 180° W longitude Amendment 18 to the Fishery above). While the IPHC has not and from 0° to 30° N latitude with the Management Plan for Pelagic Fisheries implemented mandatory observer majority of deep-set fishing effort taking of the Western Pacific Region (74 FR programs for the halibut fishery, place south of the Hawaiian 11518). The amendment proposes to Fisheries and Oceans Canada (a archipelago. However, in 2008 and modify the Hawaii-based shallow-set Canadian Federal Government program) 2009, the majority of fishing effort in the segment of the longline fishery by started an observer program in 1999 to deep-set fishery was north of Hawaii removing the annual limit on fishing more accurately estimate total catch during the first two quarters of the year effort, currently limited to 2,100 sets per (Wiese and Smith 2003, p. 26). Since (NMFS 2009, unpubl.). year, and to increase the number of 2002, mandatory seabird bycatch Results from the Hawaiian scientific allowable loggerhead turtle (Caretta minimization measures have been observer program reported in Lewison caretta) interactions. Seabird avoidance implemented for the halibut and and Crowder (2003, p. 746), indicated measures implemented in 2004 would rockfish fisheries in B.C. (COSEWIC that shallow-set (swordfish) and deep- remain unchanged, and 100 percent of 2007, p. 32; Arata et al. 2009, p. 65). set (tuna) fisheries differ significantly in the fishing effort would be observed for However, to date there have been no seabird bycatch rates, with shallow bycatch. On December 10, 2009, NMFS studies to evaluate the effectiveness of swordfish sets catching more published the final rule removing the this regulation (COSEWIC 2007, p. 32). albatrosses. This is likely a function of limit on fishing effort for the shallow-set In 2006, Canada implemented an shallow sets taking longer to sink, fishery (74 FR 65460). The increase in Integrated Pacific Groundfish Pilot making baited hooks available to fishing effort may result in a modest (Pilot), which provides a comprehensive scavenging birds for a longer period of increase in black-footed albatross model for the management of over 50 time. In the Hawaii-based longline fleet, bycatch (USFWS 2008b, unpubl.). groundfish species. Under the Pilot, all bycatch of black-footed albatrosses was Based upon the limited information seabird bycatch must be accounted for estimated by Lewison and Crowder available regarding the impact of in these fisheries (FOC 2007, p. 8). An (2003, p. 748) to be approximately 2,000 Hawaii’s longline fishery on black- electronic seabird bycatch monitoring birds per year from 1994 through 2000 footed albatrosses, we do not consider system was started in 2006 that uses for both segments of the longline fishery this fishery to currently be a significant logbooks audited using at-sea camera combined. In March 2001, the U.S. threat to the black-footed albatross. footage. Estimates of bycatch derived District Court for Hawaii issued an Since implementation of seabird from vessel observations and the Order suspending all shallow-set bycatch minimization measures in 2002 electronic monitoring system were longline operations targeting swordfish and revisions to those measures in 2002 within 2 percent of each other (FOC to address the take of sea turtles in this and 2004, the number of black-footed 2007, p. 9). Bycatch estimates from the segment of the fishery (USFWS 2002, p. albatrosses observed caught in the electronic monitoring system may prove 3). On May 14, 2002, NMFS published Hawaii-based longline fishery has been to be a cost-effective, efficient a final rule implementing a series of significantly reduced. The shallow-set technology for monitoring a higher seabird bycatch minimization measures fishery regulations were changed in percentage of Canadian vessels. for Hawaii-based vessels operating north 2009 by NMFS so that while there is no Monitoring and evaluation of seabird of 23° N, including requiring annual annual limit on the number of sets per bycatch in Canadian rockfish and protected species training for vessel year, all required seabird avoidance halibut fisheries was only recently owners and operators and a scientific measures and observer coverage were implemented, so the evaluation of its observer coverage rate of 20 percent (67 implemented as part of the new rule, effectiveness has not been fully FR 34408). The measures described in which went into effect in January 2010. evaluated; we are thus unable to this rule applied only to deep-set (tuna) Even with an increase in the number of

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shallow sets per year, black-footed opportunistically sample seabird caught between 2002 and 2005, and an albatross bycatch should continue to be bycatch. Subsequent regulations that estimated 7 birds were caught in the minimized by the implementation of published June 7, 2004 provided for Pacific hake fishery. We do not consider effective bycatch minimization mandatory observer coverage for at-sea these losses to be significant at the measures. Therefore, we conclude that processing vessels in the Pacific hake population level. In addition, no black- Hawaii-based longline fishing is not a fishery (69 FR 31751). In this fishery, footed albatrosses have been caught in significant threat to the black-footed approximately 100 percent of all tows the drift gillnet fishery in the past 10 albatross. are sampled. While no seabird bycatch years, and we conclude that at this time In Alaska, the demersal longline reduction measures are required for this fishery is not a threat to the black- fishery targets groundfish and halibut. either of these fisheries, the groundfish footed albatross throughout its range. Observer coverage is not required in the fishery estimated between 3 and 57 We also conclude that the California, halibut fishery (see above), so we are black-footed albatrosses were caught Oregon, and Washington-based pelagic unable to determine the extent and between 2002 and 2005, and an longline fisheries are not a significant impact of the Alaska-based demersal estimated 7 birds were caught in the threat to the black-footed albatross longline halibut fishery on the black- Pacific hake fishery (NWFSC 2008, pp. throughout its range. While only 58 footed albatross throughout its range. 21–37). black-footed albatrosses were reported Seabird avoidance measures were In 2007, NMFS published a Fishery as bycatch from these fisheries between implemented in the groundfish fishery Management Plan (Plan) for U.S. West 1995 and 1999, the Plan (2007) beginning in 1997 and mandatory use of Coast Fisheries for Highly Migratory recommended that these fisheries seabird avoidance measures went into Species (NMFS 2007). No seabird implement the same seabird avoidance effect in 2004 (NMFS 2006, p. 2). bycatch minimization measures are measures used in the Hawaii-based Observer coverage for the groundfish required in any of the fisheries covered longline fishery. Finally, due to the lack fishery ranges from 30 to 100 percent, by the Plan (drift gillnet, coastal purse of data and available information on depending on the size of vessel used, seine, troll, and California-based seabird bycatch from coastal purse type of fish targeted, and type of gear longline fisheries), although it seine, troll, and California, Oregon, or used (50 CFR 679.50). Estimates of recommended that NMFS develop an Washington based nonpelagic longline black-footed albatross bycatch in the observer sampling plan (NMFS 2007, p. fisheries, we are unable to determine the Alaska-based groundfish fishery are 59). Only the drift gillnet fishery has impact of these fisheries on the black- derived from two sources of had observer coverage, at an average rate footed albatross throughout its range, information: (1) The North Pacific of 20 percent, for the past 10 years. No but we are mindful of the potential Groundfish Observer Program and (2) black-footed albatrosses have been threat and the need for increased and the NMFS Alaska Regional Office catch observed to be incidentally caught in diligent monitoring of the industry. accounting system, which reports this fishery. U.S. west coast vessels Although we do not have information annual total catch (NMFS 2006, p. 1). fishing in the far offshore longline specific to the levels of bycatch for these Following implementation of seabird fishery were required to submit fisheries, based on the observed stable avoidance measures on this fleet in logbooks of fishing catch, fishing effort, or increasing populations of the black- 2004, black-footed albatross bycatch and bycatch to the California footed albatross throughout its range, decreased approximately 75 percent Department of Fish and Game and the bycatch from these fisheries is from an estimated 683 black-footed Oregon Department of Fish and Wildlife apparently not manifested in any albatrosses in 1996 to an estimated 167 until 2000. Thereafter, logbooks for negative population-level effects. We, birds in 2003 (Arata et al. 2009, p. 65). longline vessels fishing off the west therefore, conclude seabird bycatch Therefore, based on the limited coast were required by NMFS (NMFS from coastal purse seine, troll, and information available regarding the 2007, p. D–18). Data from these California, Oregon, or Washington-based impact of Alaska’s demersal longline logbooks showed that 58 black-footed nonpelagic longline fisheries does not groundfish fishery on estimated annual albatrosses were reported as bycatch pose a significant threat to the black- bycatch of black-footed albatrosses, we from the west coast pelagic longline footed albatross, but acknowledge the conclude the Alaska-based demersal fishery between 1995 and 1999 (NMFS need for more specific bycatch data longline groundfish fishery is not a 2007, pp. D–18–19). The Plan proposed from these fisheries. significant threat to the black-footed that west coast pelagic longline fisheries albatross. implement the same seabird avoidance Summary of Factor D The Pacific Fisheries Management measures used in the Hawaii-based Breeding Range Protections Council (Council) is responsible for longline fishery, but provided no managing the commercial fisheries off timeline for undertaking these actions We have assessed a diverse network the western coast of the United States (NMFS 2007, p. D–23). We are unaware of international, national, and regional (California, Oregon, and Washington), of any available information indicating laws, regulations, and agreements that so that management of fish stocks will that California, Oregon, and Washington are meant to provide protection to the be coordinated throughout the range of offshore longline fisheries have black-footed albatross and its habitat the target species. In May 2001, NMFS implemented these seabird avoidance (breeding and foraging) and are instituted an observer program to measures. designed to ameliorate threats provide total catch monitoring of the We conclude, based on the limited rangewide. Based on our analysis of the west coast groundfish fisheries and information available, that the existing regulatory mechanisms, we required that all vessels, other than California, Oregon, and Washington conclude that, when implemented and Pacific hake (Merluccius productus) groundfish and Pacific hake fisheries do enforced, bilateral migratory species vessels, carry an observer when notified not significantly impact the black-footed agreements between nations with black- to do so by NMFS (66 FR 20609; April albatross throughout its range. While no footed albatross populations prevent 24, 2001). In the groundfish fishery, 0 to seabird bycatch reduction measures are hunting, harassment, and harm to the 30 percent of the landings are sampled required for either of these fisheries, the species. The Convention on Migratory (Northwest Fisheries Science Center groundfish fishery estimated between 3 Species, the Agreement on the (NWFSC) 2008, p. 3), and observers and 57 black-footed albatrosses were Conservation of Albatrosses and Petrels,

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and the North American Agreement on reduce the bycatch of seabirds, such as demersal longline groundfish fishery; Environmental Cooperation provide the black-footed albatross, and to and the California, Oregon, and some benefit to the black-footed develop better monitoring and data Washington groundfish, Pacific hake, albatross and its habitat by way of collection methodologies. and pelagic longline fisheries increased awareness of potential threats, Japan, Canada, and the United States throughout its range. Due to the lack of and implementation of environmental have further developed regulations for information, we cannot definitively protections. The U.S. Migratory Bird reducing the bycatch of black-footed determine the extent and quantify the Treaty Act and Canada’s Migratory albatrosses and other seabirds in their impact of other Alaska-based demersal respective fishery operations. The Birds Convention Act protect the black- longline fisheries; other (nonpelagic) footed albatross as they ban hunting, regulations reflect similar techniques as longline fisheries based in California, killing, injuring, or disturbing migratory described in their NPOA. In addition, Oregon, and Washington; coastal purse birds, their nests, or eggs. Canada’s while much of the range of the black- Species at Risk Act of 2002 and footed albatross is outside of national seine and troll fisheries based in the Mexico’s List of Species at Risk jurisdictions, some marine areas where United States; Canadian-based longline recognize the black-footed albatross as the species is known to forage are fisheries; and longline fisheries based in requiring special attention, but to the designated as either national or State Japan, Taiwan, China, Korea, Russia, best of our knowledge, these listings do marine sanctuaries or reserves. The and Mexico. not provide additional protection to the National Marine Sanctuaries Act of 1972 We are mindful of the potential species or its habitat. authorized five sanctuaries within the impacts these fisheries could have on With 95 percent of the black-footed black-footed albatross’ range on the the black-footed albatross. There is no albatross population nesting in the western coast of North America. While evidence at present that fishery bycatch protected areas of the Northwestern the States of California, Oregon, and is causing a decline in the rangewide, Hawaiian Islands, we conclude that Washington are each developing marine Hawaiian, or Japanese populations of existing regulatory mechanisms protect protected areas, which may offer further black-footed albatross, which are and conserve the species within its protection to the black-footed albatross’ reported to be stable or increasing under nesting and breeding habitat in the marine range, we do not rely on the Hawaiian Islands. In addition, most of States’ possible designation of such current conditions, which includes the nesting and breeding habitat of the areas. current levels of fishery bycatch black-footed albatross in the Japanese The vulnerability of the black-footed (Cousins and Cooper 2000, p. 23; Arata Islands is protected as either a national albatross and other long-lived seabirds et al. 2009, pp. 37, 51; ACAP 2010, p. park or national monument; existing to mortality from fisheries bycatch is 5; Figure 4, this document). However, regulatory mechanisms protect and widely recognized; we acknowledge the we also acknowledge that many of the conserve the species within its nesting need to actively develop and implement current protective agreements are and breeding habitat there as well. agreements for bycatch avoidance voluntary in nature, and that bycatch Based on the above assessment, we do measures on an international scale to mitigation measures may be lacking in not consider the inadequacy of existing continue the effective conservation of international fleets (Gilman et al. 2008, regulatory mechanisms to pose a the species (e.g., Lewison and Crowder p. 13). The results of models used to significant threat to the black-footed 2003, p. 751; ACAP 2010, pp. 13–14), estimate demographic parameters and albatross in its nesting habitat and recognize that all agreements and the annual population growth rate of rangewide, in the Hawaiian Islands, or protective measures may not be fully black-footed albatross suggest fishery in the Japanese Islands. functioning as intended. Although bycatch, among other factors, may be mortality from bycatch is apparently influencing the somewhat lower than Foraging Range Protections currently within levels that can be expected annual population growth rate. Many international agreements and sustained by the species without In fact, Arata et al. (2009, p. 46) caution national regulatory mechanisms are causing a decline (Arata et al. 2009, p. designed to protect seabirds, including 46), current levels of bycatch may be that, while the 2005 fishery bycatch was the black-footed albatross, against such that the black-footed albatross within the mortality level that can be impacts from some fisheries within their cannot realize its full growth potential sustained by the species without foraging ranges. The U.N. Convention (e.g., Wiese and Smith 2003, p. 35; Niel causing a decrease, there is much on the Law of the Sea provides and LeBreton 2005, p. 833; Arata et al. uncertainty of current bycatch estimates guidelines for protecting living 2009, p. 46). Nonetheless, although for the international pelagic longline resources of the high seas and serves as many of the existing agreements could fishery, which the authors identify as a medium for international cooperation be strengthened or more forcefully the largest threat to albatross species in management of the resources of the implemented, based on the evidence worldwide (Arata et al. 2009, p. 47). high seas. The U.N. implemented a from population counts that However, the evidence that the moratorium (Resolution 46–215) on demonstrate black-footed albatross population status of the black-footed pelagic drift-net fishing on the high seas populations are currently relatively albatross is currently stable or in 1992, which successfully eliminated stable or even slightly increasing across increasing (Arata et al. 2009, pp. 50–51; a significant source of mortality for the range of the species, we cannot ACAP 2010, p. 5; Figure 4, this black-footed albatrosses. In 1997 the conclude that the existing regulatory document) leads us to conclude that the FAO developed an International Plan of mechanisms are so inadequate as to threat of incidental bycatch from some Action to Reduce the Catch of Seabirds pose a significant threat to the species. fisheries, while very real, is not so in Longline Fisheries, which Based on our review of the best severe that it is resulting in population- recommended the development of a available information, we conclude that level impacts such that it poses a National Plan of Action (NPOA) for each the black-footed albatross is not significant threat to the species across nation with longline fisheries. The significantly threatened by the United States, Canada, Japan, and inadequacy of regulatory mechanisms its range, in the Hawaiian Islands, or in Taiwan have developed such national related to the Hawaii-based shallow-set the Japanese Islands. action plans. These NPOAs aim to longline fishery; the Alaska-based

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Factor E. Other Natural or Manmade as a top predator; others ascribed the enough to cause direct eggshell thinning Factors Affecting Its Continued black-footed albatross’ geographic effects. Contaminant concentrations in Existence foraging area as the reason for high black-footed albatross eggs were Here we discuss potential impacts to levels of contamination. Plastics at the considered a ‘‘slight hazard,’’ with the the black-footed albatross due to sea surface layer may also be a source possibility of dioxin-like effects that contamination from organochlorines of PCBs, although apparently it is a could possibly contribute to increased (e.g., polychlorinated biphenyls (PCBs), relatively small source (Ludwig et al. embryo mortality or endocrine dichloro-diphenyl trichloroethane 1998, p. 231; Arata et al. 2009, p. 20). disruption (Ludwig et al. 1998, pp. 229– In an analysis of PCB levels and stable 230). Hatch success of black-footed (DDT)), and ingestion of plastic. In isotopes of nitrogen in eight species of albatross eggs was 78.5 percent (sample addition, we discuss collisions with north Pacific seabirds, black-footed size of 2,047), slightly less than the 80.8 airplanes and contamination from oil albatrosses had the highest levels for all percent hatch success observed in pollution as potential threats to the of the 11 PCB compounds evaluated Laysan albatrosses (sample size of species. (Elliott 2005, p. 92). In this study, the 1,415) (Ludwig et al. 1998, Table 2, p. Contaminants analysis of nitrogen isotopes, an 227). indicator of trophic level, related the Levels of 8 different metals were also Ecological characteristics can be used high levels of contaminants in black- compared in 12 species of seabirds to estimate the relative risk of footed albatrosses to its position as a top nesting on Midway Atoll, and black- contaminants to a species. These marine predator (Elliott 2005, pp. 92– footed albatrosses were found to have characteristics include trophic status 93). levels of mercury that could result in (species higher in a food chain are more When compared to Laysan adverse effects (Burger and Gochfeld likely to accumulate persistent albatrosses, black-footed albatross eggs 2000, p. 50); they were below the pollutants), pollution point sources, have been found to have higher levels adverse effects threshold for all other location, and lifespan (long-lived of dioxin and furan congeners and PCBs metals examined. Although baseline individuals have more time to (Jones et al. 1996, p. 1,795). Higher levels for determining deleterious accumulate persistent compounds) levels of PCBs, DDT, and dichloro-2,2′- impacts of various heavy metals specific (Elliott 2005, p. 89). The black-footed bis-p-chlorophenyl-ethylene (DDE) have to the black-footed albatross have not albatross is a long-lived bird and a top been reported in black-footed albatross been established, there are some generic predator, and is, therefore, at high risk adults, chicks, and eggs in comparison threshold levels for adverse effects for the accumulation of contaminants. to Laysan albatrosses; PCB and DDE based on observations from other bird Organochlorides (which include levels in black-footed albatrosses have species. In the study of Burger and organochlorines) and heavy metals have been found to be more than twice as Gochfeld (2000, p. 49), both adult and been introduced into the environment high as in Laysan albatrosses (Auman et young black-footed albatrosses through a number of anthropogenic al. 1997a, p. 499). Organochlorides have examined exceeded the threshold for activities. Even though the use of DDT been documented to reduce mercury known to cause sublethal and and many pesticides have been banned reproductive success in birds through reproductive effects in other species, in the United States and Europe, they embryo mortality and eggshell thinning. leading the authors to conclude there continue to persist in the environment However, in a 1996 study, rates of egg- was some potential for adverse effects, for long periods of time (Finkelstein et crushing in black-footed albatrosses although they note that interspecific al. 2006, p. 679). Black-footed were found to be similar between 1910 variation in effect thresholds is not well albatrosses forage throughout the north and 1969, and were also similar to rates understood. The authors further noted Pacific, but spend most of their time observed in Laysan albatrosses (Auman the possibility that black-footed along continental shelves and et al. 1997a, p. 502). albatrosses may be able to convert convergence zones off the western coast Ludwig et al. (1998, entire) found that methylmercury into inorganic mercury of North America. This area has a black-footed albatross eggs had higher in their tissues, citing a suggestion made documented history of emission of levels of PCBs, polychlorinated dibenzo- by Kim et al. (1996, as referenced in contaminants from agriculture and p-dioxins, polychlorinated Burger and Gochfeld 2000), and that in industry (Finkelstein et al. 2006, p. dibenzofurans, and DDT-group such a case the levels observed in their 680). chemicals than Laysan albatross eggs at study may not be cause for concern Numerous studies have documented Midway Atoll between 1993 and 1995. (Burger and Gochfeld 2000, p. 50). Such high levels of anthropogenic These researchers found that 5.9 percent a hypothesis, however, remains to be contaminants in black-footed of black-footed albatross eggs were tested. Overall, the high concentrations albatrosses. In most of these studies, crushed or cracked (sample size of 153), of organochlorine contaminants and black-footed albatrosses consistently compared to 4.1 percent of Laysan heavy metals observed in black-footed had the highest levels of contaminants albatross eggs (sample size of 71) albatrosses are a cause for concern (e.g., and heavy metals in comparison to (Ludwig et al. 1998, Table 2, p. 227). Arata et al. 2009, pp. 18–20), although Laysan albatrosses and other north They also found eggshells of black- to date the evidence for negative Pacific seabirds (Jones et al. 1996, pp. footed albatrosses collected in 1994 and impacts on individual birds is limited 1,793–1,800; Auman et al. 1997a, pp. 1995 were 3 to 4 percent thinner than and no population-level effects have 498–504; Ludwig et al. 1998, pp. 258– eggshells that had been collected prior been observed. 238; Burger and Gochfeld 2000, pp. 37– to World War II, which they In the Japanese Islands, levels of 52; Guruge et al. 2001, pp. 389–398; characterized as ‘‘modest’’ eggshell mercury in black-footed albatross eggs Muir et al. 2002, pp. 413–423; Fujihara thinning, likely as a result of from Torishima Island were higher than et al. 2003, pp. 287–296; Elliott 2005, organochloride contamination (Ludwig mercury levels documented for other pp. 89–96; Ikemoto et al. 2005, pp. 889– et al. 1998, p. 230). seabirds and were higher than 895; Finkelstein et al. 2006, pp. 678– The authors suggested that a few documented threshold levels for adverse 686). Most of these studies attributed females, perhaps 2 to 3 percent of the effects in other bird species (Ikemoto et the high contaminant levels to the black-footed albatross population, had al. 2005, p. 892). Lead levels in black- black-footed albatross’ trophic position levels of contamination that were high footed albatross chicks on Torishima

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Island were below levels of lead- 1997a, pp. 498–504). Finkelstein et al. ‘‘Pacific trash vortex’’ in the popular poisoned Laysan albatross chicks from (2006, p. 684) found levels of dichloro- press. It is a floating mass of largely Midway Atoll, and no symptoms of lead diphenyl-dichloroethylene (DDE) in plastic debris approximately the size of poisoning, such as droop-wing black-footed albatross and Laysan the state of Texas, roughly located syndrome, were observed (Ikemoto et al. albatross that were 160–360 percent between 20° N and 40° N and divided 2005, p. 893). Kunisue et al. (2006, higher in samples from 2000 and 2001 into eastern and western halves entire) studied dioxins and related than in samples from 1992 and 1993, connected by the subtropical compounds in black-footed and short- and the proportional increase found in convergence zone. The eastern patch is tailed albatrosses from Torishima black-footed albatross over this time located between the Hawaiian Islands Island. They found concentrations of period was twice that observed in the and the coast of California; the western dioxins were greater in black-footed Laysan albatross. Based on the patch occurs off the coast of Japan albatrosses than in short-tailed information available to the Service (Young et al. 2009, p. e7623). albatrosses, and that toxic equivalents of regarding organochlorides and heavy Ingestion of plastics by seabirds is the eggs of both albatross species metal contamination of black-footed well-documented, especially in surface- exceeded the thresholds observed in albatrosses, black-footed albatrosses feeding seabirds that are likely to some other species of wild birds have been exposed to organochlorides confuse plastic particles with their prey (Kunisue et al. 2006, pp. 6920, 6925). and heavy metal contaminants through (Spear et al. 1995, pp. 123–146; Nevins Although they note that sensitivity for their food resources or their et al. 2005, p. 4). Several studies have biochemical effects varies widely nonbreeding season foraging areas along documented plastic consumption by between species and the sensitivity of the western coast of North America. We black-footed albatrosses (Sileo et al. albatross for dioxin-like effects is not conclude that high levels of 1990a, pp. 665–681; Sievert and Sileo known, they also found some evidence organochloride and heavy metal 1993, pp. 212–217; Auman et al. 1997b, of what they characterize as ‘‘potential contaminants are present in black- pp. 239–244; Blight and Burger 1997, dioxin-like alterations’’ in the black- footed albatrosses and may have pp. 323–325). As plastic particles float footed albatross (Kunisue et al. 2006, p. contributed to the low levels of eggshell on the surface where adults forage for 6925). thinning observed in the Hawaiian food, chicks are accidentally fed plastic In addition to the contribution of Islands in the mid-1990s; however, the by adults, and it accumulates in the trophic level in determining limited evidence does not suggest any proventriculus (upper stomach and contamination level, high levels of population-level impact on the black- gizzard). Likely due to their surface organochlorides have also been footed albatross. feeding behavior, Laysan and black- attributed to the foraging locations of Between 1994 and 1995, Ludwig et al. footed albatrosses are known to ingest black-footed albatross. High levels of (1998, p. 232) estimated 90 percent of the widest variety and largest volumes toxaphene, an organochloride pesticide the human-caused mortality in black- of plastics of most seabirds studied used in the 1970s, PCBs, and DDT in footed albatrosses on Midway Atoll was (Sileo et al. 1990a, p. 666). Plastic is black-footed albatrosses were recorded likely from fisheries bycatch, and 10 usually regurgitated by Laysan albatross in 1994 and 1995 from Midway Atoll, percent was due to contaminants. chicks in the two months prior to the site of a major military base (Muir Despite observations of high levels of fledging, but black-footed albatross et al. 2002, p. 415). Also, toxaphene, contaminants in black-footed albatrosses chicks continue to accumulate plastic in DDT, and other organochloride at Midway, however, counts of breeding the proventriculus during this period; it pesticides were widely used in birds there demonstrate that the is not known if they fledge carrying California from the 1970s until the mid- population on Midway Atoll has been their plastic load or if they regurgitate 1980s. Black-footed albatrosses use the increasing at an average annual rate of it between leaving the nest and coastal waters of western North America 1.3 percent, and has steadily increased departing the island (Sievert and Sileo, as a primary foraging area, and it was since 2000 (ACAP 2010, p. 6 and Figure 1993, pp. 215–216). concluded by some (Muir et al. 2002, 2B). The steady increase in this In a study conducted in 1986 and entire; Finkelstein et al. 2006, entire) population, particularly in recent years 1987, 67 to 100 percent of Laysan and that this was a likely cause for the when chicks born during the study black-footed albatross chicks higher relative levels of these period in the mid-1990s would be (combined) had plastic in their compounds when compared to Laysan entering the breeding population, proventriculi (Sileo et al. 1990a, p. 674). albatrosses, which forage mainly in the indicates that these contaminants are Although the percentage of black-footed northwest Pacific ocean (Muir et al. not acting as a limiting factor. In the albatrosses with large volumes of plastic 2002, p. 419). As documented in other Japanese Islands, populations of the increased through the chick-rearing studies, black-footed albatrosses had black-footed albatross have also been period, large volumes of plastic were higher concentrations of PCBs, DDT, steadily increasing (see Figure 4) despite not found to have an effect on weight and mercury than Laysan albatrosses the high levels of lead, mercury, and gain or wing growth (Sievert and Sileo (Finkelstein et al. 2006, p. 681). dioxins and related compounds 1993, pp. 214–215), and the authors Contaminant levels, carbon and nitrogen detected in eggs and chicks there. concluded there was no correlation stable isotope ratios, and satellite Therefore, we cannot conclude that between the volume of ingested plastic telemetry data were analyzed, and it these contaminants pose a significant and survival or growth of black-footed was found that organochloride and threat to the species across its range, in albatross chicks (Sievert and Sileo 1993, mercury contaminant levels are higher the Hawaiian Islands, or in the Japanese p. 216). The results of this study in the California Current, where black- Islands, as we have no evidence that suggested that ingested plastic was not footed albatrosses forage, than in high- they are causing a decrease in any of the a significant direct cause of death in latitude north Pacific waters where populations. albatross chicks (Sievert and Sileo 1993, Laysan albatrosses forage (Finkelstein et p. 216), consistent with the results of an al. 2006, pp. 681–685). Plastic Ingestion earlier study of Laysan albatross chicks The PCB and DDT levels documented In the north Pacific gyre, a massive on Midway Atoll (Sileo et al. 1990b, in this study were higher than levels accumulation of plastic has been named entire). In discussing their results that measured by others (Auman et al. the ‘‘great Pacific garbage patch’’ or none of the deaths of the Laysan chicks

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studied were attributable to ingested 1990, p. 628; Rios et al. 2007, p. 1230; The impact of an oil spill depends on plastic, the authors concluded ‘‘the Teuten et al. 2009, p. 2027). Plastic many factors, including the type, rate, absence of plastic-related mortality was ingestion may also increase the location, and volume of oil spilled, unexpected’’ but supported by other absorption of toxic compounds, but a weather and oceanographic conditions, research (Sileo et al. 1990b, p. 336, and correlation between polychlorinated time of year of the spill, distribution of references therein). biphenyls and plastic load in the great birds near a spill, and the behavior of Other research has also suggested that shearwater (Puffinus gravis) has been birds in reaction to oil (Ford et al. 1987, ingested plastic does not cause only suggestive (Ryan 1990, p. 623). p. 549; McCrary et al. 2003, p. 46). significant direct mortality in albatross Studies directly evaluating this Sources of potential oil spills in the chicks, and Auman et al. (1997, p. 243) relationship have not been conducted range of the black-footed albatross could concluded that ‘‘plastics may add and are needed for the black-footed include transport ships, small oil slicks, considerable stress to individuals, but albatross because the foraging behavior and current and future offshore drilling probably have little or no direct impact of this species makes it particularly off the western coast of North America. at the population level.’’ Although there vulnerable to plastic ingestion. In California, 23 oil platforms operate in are relatively few studies that In summary, although studies suggest Federal waters, and 10 platforms definitively attribute seabird mortality numerous potential indirect effects of operate in State waters, distributed over to ingestion of plastic (e.g., Fry et al. plastic ingestion, we did not find an area of approximately 12,400 mi2 1987, p. 339; Pierce et al. 2004, p. 187), evidence that plastic ingestion by black- (20,000 km2) (McCrary et al. 2003, p. other research suggests numerous footed albatrosses is a significant source 43). All oil and gas produced offshore is potential indirect impacts of plastics, of mortality or reduces body condition transported to shore by pipeline. including possible starvation due to a in the species. Studies of the potential The Department of the Interior, false sense of satiation, impaction of the health impacts of plastic ingestion on Bureau of Ocean Energy Management, intestines, ulceration of the stomach, other procellarids (seabirds in the same Regulation, and Enforcement, Offshore reduced growth and body mass, order as the black-footed albatross) have Energy and Minerals Management, increased PCB and organochlorine suggested that, although individual (BOEMRE) regulates oil platforms in assimilation, and dehydration birds may suffer adverse consequences, Federal waters. Since 1969, BOEMRE (summarized in Auman et al. 1997b, pp. population-level effects have not been has implemented a facility and pipeline 242–243; Pierce et al. 2004, p. 187; Rios observed (Moser and Lee 1992, p. 93; inspection program, developed and et al. 2007, p. 1230). However, in a Auman et al. 1997b, p. 243). Research updated oil spill response, and study of 38 species of seabirds in the specific to the black-footed albatross developed an oil spill response network West North Atlantic over a 14-year concluded that there was no correlation of corporations and volunteers (McCrary period, Moser and Lee (1992, p. 93), between the volume of ingested plastic et al. 2003, pp. 46–47). No new oil reported no evidence of such and survival or growth of black-footed leases have been issued in California detrimental effects on the health of albatross chicks (Sievert and Sileo 1993, since 1984, and the Pacific outer these species, despite increasing levels p. 216). As we have no evidence that continental shelf waters of California, of plastic ingestion over the study plastics are acting to limit the Oregon, and Washington are under a period. population of black-footed albatrosses, moratorium from new leases until June Dehydration was the most common we conclude that plastic ingestion is not 30, 2012 (McCrary et al. 2003, p. 45). cause of death for both black-footed a significant threat to the black-footed In Alaska waters, the Department of albatross and Laysan albatross chicks albatross throughout its range, in the Environmental Conservation, Division studied at Midway Atoll in 1986 and Hawaiian Islands, or in the Japanese of Spill Prevention and Response is 1987 (Sileo et al. 1990b, p. 329; Sievert Islands. responsible for protecting the land, and Sileo 1993, p. 212). Plastic ingestion waters, and air from oil and hazardous was implicated directly in the death of Oil Pollution substance spills. It regulates spill only 1 out of 174 chicks examined Because there is much overlap prevention through spill prevention (Sievert and Sileo 1993, p. 214). between the range of the black-footed plans, and reviews and approves However, the decreased survivorship of albatross and the short-tailed albatross, response plans (SOA 2009, p. 2). Alaska Laysan albatross chicks that ingested the potential threat reported for the requires oil spill contingency plans for high volumes of plastic in 1986 (there short-tailed albatross from oil offshore oil and gas exploration was no difference in chick survival for contamination might be applicable to facilities, crude oil transmission either species in 1987) led the authors the black-footed albatross. In the final pipelines, and oil flow lines and to suggest that dehydration may be a rule to list the short-tailed albatross as gathering lines. The Industry possible indirect effect of plastic an endangered species (65 FR 46643; Preparedness Program requires facilities ingestion. The researchers suggested a July 31, 2000), we describe potential and vessels to develop State-approved high volume of plastic in the risks to the species in the form of oil oil spill response and contingency proventriculus may reduce the amount spills and future oil development. The plans, to establish a facility-wide spill of food, and hence water, that a chick final rule also discusses petroleum prevention program, and to ensure that can accept during feeding (Sievert and toxicity and short-tailed albatross personnel, equipment, and financial Sileo 1993, p. 216). However, they also thermoregulatory problems that could resources are available to respond to the note the negative correlation between result from oil contamination. spills (SOA 2009, p. 2). No oil drilling volume of ingested plastic and survival Petroleum exposure may: (1) takes place near the black-footed in this single year of observation may be Compromise seabird thermoregulation albatross’ nesting islands in Hawaii, and coincidental, and controlled through the fouling of feathers; (2) cause the State of Hawaii has extensive oil experiments are needed to test their direct toxicity through ingestion; (3) spill prevention and response measures hypothesis. contaminate the birds’ food resources; in place. Plastics contain a variety of additives, (4) reduce prey availability from toxic Nevertheless, in the unlikely event of and at sea, the surface of plastic effects on prey species; and (5) cause an oil spill, it is possible that black- particles absorbs organochloride embryotoxic effects (USFWS 2008a, p. footed albatrosses could be affected compounds, particularly PCBs (Ryan 26). while foraging at sea. The wide foraging

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range of the black-footed albatross and Coast Guard C–130s) are required to high levels in black-footed albatrosses, consequent dispersion of the global obtain prior permission from the Refuge based on studies that measured the population makes it unlikely, however, Manager before landing at Midway levels of these contaminants in black- that any large portion of the population Atoll. Black-footed albatrosses do not footed albatross adults, chicks, and eggs. would be simultaneously affected by an nest on the runway or its buffer as these Some black-footed albatross egg oil spill. In contrast, the short-tailed areas are paved and unvegetated and are mortality due to egg crushing is likely albatross would be vulnerable to the not suitable for nesting by this species. caused by organochloride potential impacts of an oil spill due to Few collisions with black-footed contamination, and toxic equivalents of its very small population numbers and albatrosses occur, and when they do some contaminants (e.g., dioxins) extremely limited range. In addition, occur it is primarily with young exceed the toxicity thresholds for some there is little evidence that oil pollution fledglings that move onto the runway other wild birds, but the sensitivity of has been responsible for lasting after it has been swept. The black-footed black-footed albatrosses is not known. population declines of seabirds. While albatross’ preference for nesting near the Despite the high levels of contaminants considered to be catastrophic and shoreline also decreases the likelihood in black-footed albatrosses, deleterious dramatic events, oil spills likely account of being struck by aircraft. Nonetheless, effects on individuals have not been for only a small proportion of the total the incidence of seabird–airplane reported, nor have any population-level annual seabird mortality (Thompson collisions (between 3 and 35 black- effects been observed. We, therefore, and Hamer 2000, p. 97) and do not have footed and Laysan albatrosses combined conclude that the available evidence the chronic mortality population effect annually) on Midway has not does not support a conclusion that of other threats, such as bycatch and significantly impacted the black-footed organochlorine and heavy metal marine pollutants (Finkelstein et al. albatross population (USFWS 2004, p. contamination poses a significant threat 2010, p. 329). 8). to the species rangewide, in the Based on our evaluation of the best The Service operates a very limited Hawaiian Islands, or in the Japanese available scientific and commercial air service to Tern Island to support Islands. data, we conclude that oil spills do not ongoing conservation and research Like other surface-foraging seabirds, pose a significant threat to the black- activities on the island. Prelanding and black-footed albatrosses accidentally footed albatross across its range, in the takeoff sweeps are conducted to remove ingest plastics while foraging, and feed Hawaiian Islands, or in the Japanese birds from the active runway (USFWS ingested plastic to their chicks. Islands. 2004, p. 33). Air service to Tern Island Although we recognize the possible from Honolulu occurs approximately Collisions With Aircraft indirect effects of dehydration or once every 2 to 6 weeks. However, the exposure to PCBs resulting from plastic Collisions with airplanes were runway at Tern Island is unlit, so flights ingestion may be cause for concern, we considered a potential threat to the must occur during the daytime. Rates of found no information indicating that endangered short-tailed albatross (65 FR bird–aircraft interactions are higher than plastic ingestion is a significant source 46643; July 31, 2000), thus it has been on Midway Atoll, but most strikes are of black-footed albatross mortality or suggested that collisions with aircraft at with sooty terns (Sterna fuscata) reduces body condition in chicks or Midway Atoll could impact black-footed (USFWS 2004, pp. 7–8). We do not have adults, nor did we find evidence that albatrosses, especially if regular specific information regarding the plastic ingestion is having any commercial air service were to be number of black-footed albatrosses resumed on Midway. However, involved in strikes. Altogether, the population-level effects on the species. resumption of commercial air service on number of airline flights in the Therefore, we conclude that plastic Midway is not anticipated (Klavitter Northwestern Hawaiian Islands is ingestion is not a significant threat to 2009, pers. comm.). Since the closure of limited, collisions with black-footed the black-footed albatross rangewide, in Midway Phoenix Corporation’s albatrosses are infrequent and measures the Hawaiian Islands, or in the Japanese activities at Midway Atoll in 2002, air are in place to avoid them, and Islands. traffic consists of 36 flights a year under mortality of black-footed albatross from Potential impacts from contamination contract with the U.S. Fish and Wildlife airplane strikes has been limited. There from oil spills and future oil Service, or roughly 3 flights per month, is no evidence that collisions with development are not likely to be a threat with occasional additional visitor flights aircraft poses any significant threat to to the species’ nesting habitat in the as well (Schulmeister 2011, pers. black-footed albatrosses in the Hawaiian Hawaiian Islands because no oil drilling comm.). Aloha Airlines discontinued Islands, nor do we expect any change in takes place there, and extensive oil spill charter service to Midway in 2004, this situation. We have no information prevention and response measures are further reducing air traffic to the atoll. to indicate that collisions with aircraft in place in the Hawaiian Islands. We Currently, only Asheviille Jet Charter pose any threat to black-footed have no information to indicate that oil and Management is under contract with albatrosses nesting in the Japanese spills pose a threat to the nesting habitat the Service to provide flights to Midway Islands. Based on our evaluation of the of black-footed albatrosses in the Atoll on any regular basis (Schulmeister best available scientific and commercial Japanese Islands. However, because 2011, pers. comm.). information, we conclude that collisions black-footed albatrosses disperse and To minimize the risk of bird–aircraft with aircraft do not pose a significant forage rangewide over vast areas of the collisions, the Service implements threat to the black-footed albatross ocean and could possibly encounter oil protocols to reduce and document across its range, in the Hawaiian anywhere, they are vulnerable to oil seabird collisions. During the Laysan Islands, or in the Japanese Islands. spills, both individually and in small and black-footed albatross breeding foraging groups, but not at a scale that season (November through July), flights Summary of Factor E is likely to have population-level effects. to and from Midway Atoll occur after Regarding other natural or manmade We, therefore, do not consider oil spill dark, and staff sweep the runway and factors affecting the continued existence contamination to be a significant threat remove any birds that are present of the species, we conclude that to the black-footed albatross rangewide, (Klavitter 2009, pers. comm.). Transient organochloride and heavy metal in the Hawaiian Islands, or in the aircraft (primarily U.S. military or U.S. contaminants are present at relatively Japanese Islands.

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Hazards to black-footed albatrosses conclude that synergistic interactions synergistic interactions between from collisions with aircraft at Midway between existing stressors do not pose a projected variable future conditions are Atoll and Tern Island where there is air significant threat to the black-footed considered. For example, as discussed traffic are not a threat because flights are albatross, across its range, in the above, we anticipate that the area of limited, prelanding and takeoff Hawaiian Islands DPS, or the Japanese nesting habitat available to black-footed protocols are in place to remove birds Islands DPS. albatrosses will gradually decrease as from active runways, and the incidence In the case of the black-footed sea level rises; the extent of future sea of collisions is low. We have no albatross, additional potential sources of level rise and land area loss is information to suggest that collisions synergistic interactions between uncertain, and the extent of available with aircraft pose a significant threat to stressors are posed by the effects of nesting habitat that may be lost is also the Japanese Islands population of the climate change. For example, it has been unknown. Although we anticipate that black-footed albatross. We, therefore, do suggested that, although plastic black-footed albatrosses may shift not consider collisions with aircraft to ingestion has not been demonstrated as nesting locations over time in response pose a significant threat to the black- a direct cause of mortality, it may be to such events, we do not have any data footed albatross rangewide, in the that ingestion of plastics may contribute to indicate the time scale over which Hawaiian Islands, or in the Japanese to dehydration (Sievert and Sileo 1993, such shifts may occur, what proportion Islands. p. 216). If this were the case, then of the population may find suitable new increased ambient temperatures nesting sites, or the potential maximum Synergistic Interactions Between Threat anticipated as an effect of future climate Factors density of nesting seabirds that may change could exacerbate this stressor, as serve as a limiting factor on the islands We have evaluated individual threats the increased need for evaporative utilized by the species. If greater to the black-footed albatross throughout cooling under higher ambient numbers of black-footed albatrosses its range. The black-footed albatross temperatures would also lead to an move inland to nest, on those islands faces myriad potential stressors, increased vulnerability to dehydration. where nonnative Casuarina equisetifolia including the effects of climate change, However, the possible linkage between trees occur, they could pose an impacts to nesting habitat from plastic ingestion and dehydration has increased threat to nesting black-footed nonnative plants, avian disease, the only been suggested (Sievert and Sileo albatrosses if storm frequency or ingestion of plastics, and heavy metal 1993, p. 216); more research is needed intensity increases, due to falling limbs. contamination. In considering whether to understand the possible synergistic Other potential changes associated with the threats to a species may be so great effects of increased ambient possible increases in storm frequency or as to warrant listing under the Act, we temperatures on black-footed albatrosses intensity and sea level rise are increased must look beyond the possible impacts that ingest plastics. overwash events. of these stressors in isolation, and In addition, it has been suggested that consider the potential cumulative the invasive nonnative plant Verbesina All of these potential threats may impacts of all of the threats facing a encelioides may potentially reduce the interact to affect the black-footed species. capacity for convective cooling for the albatross to varying degrees. However, In making this finding, we considered black-footed albatross by interfering as discussed above, all of these potential whether there may be cumulative effects with wind flow, an impact that would future threats have varying degrees of to the species from the combined also be exacerbated by higher ambient confidence and uncertainty. Interactions impacts of existing stressors such as temperatures. Currently there is no between multiple projected threats, each contamination by organochlorines and evidence that increased ambient with its own degree of uncertainty, heavy metals, plastic ingestion, and temperatures and V. encelioides will further compounds that lack of fisheries bycatch, such that even if each synergistically negatively impact the confidence, resulting in even greater stressor individually does not result in ability of black-footed albatrosses to uncertainty. When we additionally population-level impacts, perhaps regulate, and this effect remains only consider uncertainties as to whether cumulatively they would be considered suggested at this point in time. such events will affect black-footed to do so. Population data for the black- Additionally, as noted above, there are albatrosses (for example, as discussed footed albatross demonstrates a stable or effective control programs in place for above, there is little overlap in timing increasing trend in the global V. encelioides and other nonnative between nesting and tropical storm population, based on data from 1955 plants, such that we do not anticipate events) or how black-footed albatrosses through 2003 (Arata et al. 2009, p. 46), they will have a significant impact on will respond to such events, we as well as in the Hawaiian Islands the black-footed albatross in the future, conclude that we do not have sufficient breeding population (data from 1998 even in the face of increased ambient information available to us to reliably through 2009; ACAP 2010, pp. 5–6) and temperatures. Any possible future assess the impacts of possible the Japanese Islands breeding impacts of climate change on these synergistic interactions of threats related population (data from 1957 through putative threats would therefore be to the effects of climate change on the 2010; Hasegawa 2010, pers. comm.). speculative in the absence of more black-footed albatross. The time scale This stable or increasing trend suggests conclusive data supporting such and extremity at which the potential that the possible synergistic interactions associations. impacts of future effects of climate between the aforementioned stressors There are many questions about how change will be realized are too do not significantly limit the population the effects associated with climate uncertain, as is the potential behavioral of the black-footed albatross across its change may impact the black-footed response of the species. At this point in range, in the Hawaiian Islands, or in the albatross, and the answers are unclear at time, given the complex and uncertain Japanese Islands. If the existing stressors this point in time. Data in this regard are nature of the effects associated with cumulatively acted as a limiting factor extremely limited, and all projections of climate change, we can only conclude on the black-footed albatross global future conditions have varying degrees that continued research and monitoring population, we would expect a of confidence associated with them. is important in the detection of potential population decline during the time This in turn leads to even greater future effects of synergistic interactions periods examined. Therefore, we uncertainty when the potential between the effects of climate change

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and other potential threats to the black- conservation of native wildlife and their footed albatrosses on these islands, and footed albatross. habitat, and it is unlikely that a military we expect the active management of presence will be necessary on these these invasive species to continue. We Finding islands in the foreseeable future. have no information indicating that As required by the Act, we considered Loss of breeding habitat from volcanic invasive nonnative plants pose any the five factors in assessing whether the activity is a potential threat only on threat to black-footed albatrosses nesting black-footed albatross is endangered or Torishima Island in the western Pacific. in the Japanese Islands. For these threatened throughout all or a However, because the black-footed reasons, we conclude that, as currently significant portion of its range. We have albatross population on Torishima managed, V. encelioides, C. assessed the best available scientific and Island comprises only 3.5 percent of the equisetifolia, and other nonnative plants commercial data regarding the threats rangewide breeding population of the are not a significant threat to the black- facing the black-footed albatross. We species, we do not consider volcanism footed albatross rangewide, in the reviewed numerous information sources to be a significant threat to black-footed Hawaiian Islands, or in the Japanese including literature cited in the petition, albatrosses rangewide. Furthermore, Islands. information in our files, and evidence from past volcanic events on The majority of models of future information submitted to us following Torishima demonstrates black-footed climate change available use a 100-year our 90-day petition finding (72 FR albatrosses are either likely to survive timescale to predict changes through the 57278; October 9, 2007), and a second such events, probably because a large year 2100. However, projections over information solicitation period (74 FR portion of the population is at sea when the next 30 to 50 years are more reliable 43092; August 26, 2009), and we they occur, or are likely to eventually than projections for the second half of consulted with recognized experts and recolonize from nearby islands; the twenty-first century, which become other Federal and State agencies on therefore, we do not consider volcanic increasingly uncertain and variable after potential threats to the black-footed activity to be a significant threat to 50 years into the future (Cox and albatross and its marine and terrestrial black-footed albatrosses in the Japanese Stephenson 2007, pp. 207–208). We, habitat. Such potential threats include: Islands. therefore, conclude that 50 years is the Historical habitat modification; invasive We have no evidence to suggest that maximum timeframe over which to species; effects from climate change the potential exploration of undersea assess the effects of threats to the black- including sea level rise, changes in natural gas resources is a threat to black- footed albatross associated with climate tropical storm frequency and intensity, footed albatrosses on the Senkaku change. In particular due to great changes in marine productivity, and Islands, which comprise less than 0.1 uncertainty surrounding the possible increases in ambient temperature; percent of the population of black- behavioral response of the black-footed overutilization; disease and predation; footed albatross nesting rangewide. It is albatross to changes in habitat bycatch in fisheries; contamination by considered unlikely that these resources suitability and availability associated PCBs and other pollutants; plastic exist in the area and, due to weak with sea level rise, we assessed the ingestion; oil spills; and collisions with economic interest and the disputed threat associated with sea level rise over aircraft. To determine whether these sovereignty of the islands, such several time intervals, from 10 to 20 risk factors individually or collectively exploration is not likely to occur within years into the future, 30 to 40 years into cause the species to be in danger of the foreseeable future. Even if such the future, and 50 years into the future. extinction throughout its range, or will development were to occur in this area, We considered 50 years to be the limit likely do so within the foreseeable we have no evidence to suggest that of our ability to reasonably project the future, we first considered whether the undersea gas development near these future conservation status of the species, factors, either singly or in combination, islands would pose a significant threat based on considerations of projected were causing a population decline, or to the species rangewide or in the environmental conditions and were likely to do so within the Japanese Islands. uncertainties in the response of the foreseeable future. Verbesina encelioides is an invasive species. Under Factor A (‘‘Present or nonnative plant that forms dense Because of the lack of study and high Threatened Destruction, Modification, thickets and reduces black-footed degree of uncertainty in the available or Curtailment of Its Habitat or Range’’), albatross nesting habitat on Kure Atoll, information on the impacts of sea level we evaluated the effects of: Military Midway Atoll, and Pearl and Hermes rise on black-footed albatross nesting activities, volcanic activity; natural gas Reef in the Hawaiian Islands, but is not habitat in the Hawaiian or Japanese development; invasive plant species; known from the islands in the western islands, it is challenging to draw any and climate change in the forms of sea Pacific. Casuarina equisetifolia is a firm conclusions regarding the level rise and inundation, changes in nonnative tree that has been identified immediacy and significance of sea level tropical storm frequency and intensity, as a threat to ground-nesting seabirds on rise on black-footed albatross nesting decreased marine productivity, and Midway Atoll, as it degrades nesting success on these islands. Our analysis increased ambient temperature. habitat and potentially interferes with indicates that over the maximum We found that the black-footed flight. We found that the Service, timeframe of 50 years, a 2.4-ft (0.7-m) albatross historically experienced range NOAA, and HDLNR are implementing sea level rise will likely result in beach reduction and habitat modification by control measures to reduce infestations erosion in some (seaward) areas and armed forces during their occupation of of these nonnative plants in the beach deposition in other (lagoon-side) black-footed albatross breeding islands Hawaiian Islands, and they are areas on Tern, Sand, and Eastern in the western and central Pacific, up to developing protocols to prevent the Islands, and Kure Atoll (which together and following World War II. Currently, accidental introduction of new, support approximately 48 percent of however, at least 96 percent of black- nonnative plants on all of the black- black-footed albatross breeding pairs) or footed albatross nesting habitat footed albatross nesting islands within may affect only a limited area of rangewide and including both the the PMNM. We have no evidence that geomorphically similar islands (e.g., Hawaiian and Japanese Islands is either of these nonnative plants is Lisianski and Laysan), which support protected, now and into the future, on currently causing any significant impact approximately 35 percent of black- islands that are managed for the on the nesting populations of black- footed albatross breeding pairs), as has

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been observed in other Pacific atoll 200 years in both the frequency and based on the best available scientific islands in response to rising sea level. intensity of tropical storms are projected evidence before us at this time, we have Approximately 12 percent of black- in the western Pacific (e.g., Japanese no information to suggest that such footed albatrosses nest on high islands Islands). These projected increases are events are likely to pose a significant (e.g., Kaula, Lehua, Necker, and Nihoa not expected to significantly affect threat to the black-footed albatross in the Hawaiian Islands, and the black-footed albatrosses within the within the foreseeable future. Japanese Islands of Torishima, Senkaku, foreseeable future, as the birds arrive at Similarly, we found no evidence to and Ogasawara), and breeding birds on their nesting sites in mid- to late- suggest the projected 2.32 to 3.15 °F these islands will not be affected by sea October and begin laying eggs in mid- (1.29 to 1.75 °C) increase in annual level rise in the foreseeable future. November. Since the tropical storm mean SAT associated with climate Although sea level rise is expected to season in the central and western change by the year 2065 (Meehl et al. result in the loss of land area in the Pacific ends in November or early 2007, p. 763, Table 10.5) will have a Hawaiian Islands, and we acknowledge December, the period of overlap significant adverse effect on black- that this loss of land may between bird arrivals at nesting sites footed albatrosses. The black-footed disproportionately affect black-footed and the end of the tropical storm season albatross is adapted to nesting in a hot albatross nesting habitat, the best is likely only a few weeks. While there environment with intense solar available information indicates that may be some short-term impacts to radiation, and the evidence suggests sufficient land area will likely remain to black-footed albatross nesting success they are capable of responding to the support large numbers of black-footed due to the potential short-term overlap projected average increases in air albatross, albeit at likely reduced of the arrival of birds at nesting sites at temperature within the foreseeable numbers. Based on the anticipated the end of the tropical storm season, we future. Whether future extreme high relatively gradual nature of sea level rise do not anticipate these impacts to temperatures may exceed the thermal over time, the amount of land area significantly affect the breeding tolerance of the black-footed albatross projected to remain, the ability of black- population of the species. Therefore, cannot be determined at this time, and footed albatrosses to nest in habitats based on our assessment of the best based on the lack of critical information other than sandy beaches, the apparent available information, we do not believe to inform any such evaluation, any capacity of these islands to support high storm frequency and intensity pose conclusion with regard to this question densities of nesting seabirds, and the significant threats to the black-footed would be highly speculative. evidence suggesting that black-footed albatross rangewide, in the Hawaiian Therefore, based on the best available albatrosses may have the behavioral Islands, or in the Japanese Islands, now scientific information, we conclude that flexibility to seek out new nesting sites, or within the foreseeable future. We are potential sea level rise and coastal inundation, winter wave heights, we believe the black-footed albatross unable to assess the effects of potential changes in tropical storm frequency and may shift to new nest sites over time in climate-induced changes in the duration intensity, potential decreased marine response to sea level rise in the of tropical storm seasons on the black- productivity, or increased ambient Hawaiian Islands. Therefore, based on footed albatross due to the lack of temperature associated with climate our assessment of the best available studies and available information. information, we do not believe sea level change do not pose a significant threat rise and coastal inundation pose a We found no direct evidence that to the black-footed albatross rangewide, significant threat to the black-footed changes in ocean productivity due to in the Hawaiian Islands, or in the albatross rangewide, in the Hawaiian climate change have affected the black- Japanese Islands, now or within the Islands, or in the Japanese Islands, now footed albatross, or are likely to do so foreseeable future. or within the foreseeable future. within the foreseeable future. Based on Based on our evaluation of Factor A, Climate models indicate that winter the limited available information, it using the best available scientific and wave heights in black-footed albatross appears that black-footed albatross commercial data as summarized above, breeding areas in the Northwestern breeding success (i.e., the number of we conclude that the present or Hawaiian Islands and the Japanese breeding pairs and fledging success) has threatened destruction, modification, or Islands will remain unchanged in the not reflected any response to past El curtailment of its habitat or range does foreseeable future. Wave surge and Nin˜ o and PDO events (seasons of low not pose a significant threat to the black- overwash events are not unusual and marine productivity). This is likely footed albatross across its range, in the are expected to continue to occur because, unlike many other albatrosses Hawaiian Islands, or in the Japanese occasionally and impact breeding black- and seabirds, the black-footed albatross Islands, now or in the foreseeable footed albatrosses in localized areas. We forages across a wide range of ocean future, to the extent that the species is have no evidence to suggest, however, temperatures and is found aggregating presently in danger of extinction, or that future impacts will be any different where sea surface temperatures are likely to become so within the than those currently experienced by the relatively warm, thereby buffering the foreseeable future. Although climate species. Based on our assessment of the impacts of reduced marine productivity change will undoubtedly impact the best available information, we do not on this species compared to other black-footed albatross to some degree, believe winter wave inundation poses a seabirds. However, there are the immediacy, severity, and magnitude significant threat to the black-footed documented instances of decreased of any such impacts at a population albatross rangewide, in the Hawaiian reproductive success and even level are uncertain at this time. Islands, or in the Japanese Islands, now reproductive failure associated with El Under Factor B (‘‘Overutilization for or within the foreseeable future. Nin˜ o for other seabird species, Commercial, recreational, scientific, or While tropical storm intensity especially in years of severe ENSO educational purposes’’), we determined (strength) is projected to increase events. Therefore, we cannot discount that historically the black-footed slightly (i.e., by a few percent) in the the possibility that a severe ENSO event, albatross was exploited for its feathers central Pacific (e.g., Hawaiian Islands), or a series of severe ENSO events and eggs. Because there is no demand the frequency of tropical storms is associated with climate change, will not for or exploitation of black-footed projected to decrease. Slight increases affect the reproduction of black-footed albatross feathers and eggs, and there (i.e., a few percent) over the next 100 to albatrosses in the future. However, are protections in place for its nesting

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habitat, we find that overutilization is significant threat to the species in the developed regulations for reducing the not a significant threat to the black- Northwestern Hawaiian Islands, where bycatch of black-footed albatrosses and footed albatross throughout its range, in 95 percent of the breeding population other seabirds in their respective fishery the Hawaiian Islands, or in the Japanese occurs. We are unable to determine the operations. However, we note that many Islands, to the extent that the species is extent and impact of shark predation on of the existing agreements are presently in danger of extinction, or black-footed albatrosses in the western nonbinding, or key nations are not likely to become so within the Pacific islands due to the lack of study signatory to relevant international foreseeable future. and available information, but we have agreements; therefore, some of these Under Factor C (‘‘Disease or no evidence to suggest that it may pose agreements provide little protection to Predation’’), we found that while avian a significant threat to the Japanese the black-footed albatross and other pox was once thought to be a significant Islands population. We conclude, seabirds. source of mortality, recent information therefore, that predation by either rats or Based on our review of the best suggests that most infected individuals sharks is not a significant threat to the available information and for the recover from the disease. Avian pox is black-footed albatross throughout its reasons described in Fishery transmitted by mosquitoes, which are range, in the Hawaiian Islands, or in the Regulations (above), we find that the known only from the islands of Lehua, Japanese Islands, now or in the black-footed albatross is not where only 25 breeding pairs of black- foreseeable future, to the extent that the significantly threatened by the Hawaii- footed albatrosses were last reported, species is currently in danger of based longline fishery; the Alaska-based and Midway Atoll. We have no extinction, or likely to become so within demersal longline groundfish fishery; or evidence to suggest that avian pox poses the foreseeable future. the California, Oregon, and Washington a significant threat to the black-footed Under Factor D (‘‘Inadequacy of longline or groundfish and Pacific hake albatross in the Japanese Islands. Other Existing Regulatory Mechanisms’’), we fisheries throughout the species’ range diseases such as H5N1 avian influenza, looked at the diverse network of now or in the foreseeable future. We West Nile virus, and avian cholera have international, national, and regional cannot definitively determine the extent not been documented in the Hawaiian laws, regulations, and agreements that or quantify the impact of international Islands or the breeding range of the may provide protection to the black- demersal longline fisheries, but recent black-footed albatross in the Japanese footed albatross and its habitat and studies caution that there is much Islands of the western Pacific. The effectively ameliorate threats rangewide. uncertainty in the bycatch estimates of remoteness of the island breeding National and international agreements the international pelagic longline habitat of the black-footed albatross and laws provide some protection for fishery, which is considered the greatest decreases the likelihood of transmission the black-footed albatross from hunting, threat to all albatross species throughout of these diseases to these areas. killing, harassment, and harm. Ninety- their ranges. Despite the shortcomings Therefore, we concluded that avian pox, five percent of the black-footed albatross of many of the existing regulatory H5N1 avian influenza, West Nile virus, breeding population is protected by the mechanisms, the present population and avian cholera do not threaten the PMNM, the National Wildlife Refuge status of the black-footed albatross, with black-footed albatross throughout its System, and the State of Hawaii Seabird rangewide populations stable or range, in the Hawaiian Islands, or in the Sanctuary system. The Japanese increasing, does not indicate that these Japanese Islands, now or in the breeding colonies on Torishima Island mechanisms are inadequate such that foreseeable future, to the extent that the and the Ogasawara Islands are protected they may be resulting in population- species is currently in danger of within a national natural monument level effects on the species. extinction, or likely to become so within and a national park, respectively. While We are mindful of the potential the foreseeable future. much of the marine foraging range of the impacts that these fisheries could have Predation by nonnative rats is not a black-footed albatross is outside of on the black-footed albatross, but significant threat to black-footed national jurisdictions, some areas are conclude there is no evidence at present albatrosses in the Northwestern protected within national or State that fishery bycatch is causing a decline Hawaiian Islands, where 95 percent of marine sanctuaries or reserves, in the rangewide population of black- the rangewide population nest, because: including five sanctuaries within the footed albatross, which is reported to be (1) There are no rats on these islands; species’ range off the western coast of stable or increasing in both the and (2) protocols are in place to prevent North America. Hawaiian Islands and the Japanese the inadvertent introduction of rats to International agreements and national Islands breeding populations (Arata et these islands or to eradicate them if they regulatory mechanisms protect the al. 2009, p. 51; ACAP 2010, p. 5; Figure are accidentally introduced. black-footed albatross against impacts 4, this document). Therefore, based on Additionally, rat eradication efforts from some fisheries in its foraging range. our evaluation of the best available have been initiated and are continuing The U.N. Convention on the Law of the scientific and commercial data, we on Lehua Island, where less than 0.01 Sea provides guidelines for protecting conclude the inadequacy of existing percent of the black-footed albatross living resources of the high seas and regulatory mechanisms does not population breeds. Rats have been serves as a medium for international threaten the black-footed albatross reported on Torishima Island and the cooperation in management of the throughout its foraging range, now or in Ogasawara Islands, where 5 percent of resources of the high seas. U.N. the foreseeable future, to the extent that the black-footed albatross population Resolution 46–215 eliminated a the species is currently in danger of breeds. However, the breeding colonies significant source of mortality for black- extinction or likely to become so within on these islands are reported to be footed albatrosses from pelagic drift-net the foreseeable future. increasing despite the presence of rats; fishing. The United States, Canada, Under Factor E (‘‘Other Natural or therefore, we do not consider rats to be Japan, and Taiwan have developed Manmade Factors Affecting Its a significant threat. Depredation by plans to reduce the bycatch of seabirds Continued Existence’’), we found that sharks is a known and natural source of such as the black-footed albatross, and organochlorine and heavy metal seabird mortality, but we found no to develop better monitoring and data contaminants are present in high levels evidence that predation by sharks on collection methodologies. The United in black-footed albatrosses. Some egg black-footed albatross fledglings is a States, Canada, and Japan have mortality in black-footed albatrosses due

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to egg crushing is likely caused by and prelanding and takeoff protocols to At this time, we conclude the best organochloride contamination, and remove birds from active runways on available scientific and commercial data contaminant levels observed exceed these islands. We have no information suggests the population of black-footed toxicity thresholds known for other to suggest that either oil spills or aircraft albatross is large and robust enough to avian species. The sensitivity of black- collisions pose significant threats to withstand the threats facing the species, footed albatrosses to these contaminants black-footed albatross breeding in the as evidenced by the primarily stable or is not known, however, and deleterious Japanese Islands. Therefore, based on even slightly increasing populations effects have not been reported in adult the best available scientific and across its range, and we have no birds or chicks, or reflected at the commercial data, we find that other evidence to suggest the species is in population level. Therefore, we natural or manmade factors do not danger of extinction or is likely to conclude that organochlorine and heavy threaten the black-footed albatross become in danger of extinction within metal contaminants have not been throughout its range, in the Hawaiian the foreseeable future. shown to be a significant threat to the Islands, or in the Japanese Islands, now Evaluation of the Black-Footed black-footed albatross. or in the foreseeable future, to the extent Albatross as Two Potential Distinct We also found that, like other that the species is currently in danger of Population Segments seabirds, black-footed albatrosses ingest extinction, or likely to become so within plastics while foraging and accidentally the foreseeable future. After assessing whether the species is feed ingested plastics to their chicks. On the basis of our status review, we endangered or threatened throughout its Investigations on the effects of plastic conclude that listing the black-footed range, we next consider whether a ingestion in black-footed albatross albatross rangewide is not warranted at distinct vertebrate population segment showed plastics are not a direct cause of this time. Our standard for determining (DPS) meets the definition of mortality, nor was plastic ingestion whether listing is warranted is whether endangered or threatened. correlated with body condition or a species is presently in danger of To interpret and implement the survivorship of chicks. The primary extinction throughout all or a significant distinct vertebrate population segment cause of chick mortality was portion of its range (endangered) or is (DPS) provisions of the Act and dehydration, but it has also been likely to become an endangered species Congressional guidance, we, in suggested that plastic ingestion may within the foreseeable future throughout conjunction with the National Marine prevent chicks from feeding properly, all or a significant portion of its range Fisheries Service, published the Policy which may result in dehydration. This (threatened). We acknowledge the black- Regarding the Recognition of Distinct hypothesis remains to be tested. The footed albatross faces a variety of Vertebrate Population Segments (DPS ingestion of plastics and consequent threats, and that some of these threats Policy) in the Federal Register on potential for dehydration is of concern, have had significant impacts on the February 7, 1996 (61 FR 4722). Under however, particularly when considered species in the past. However, our the DPS policy, two basic elements are in conjunction with predicted increased evaluation of the best available considered in the decision regarding the ambient temperatures. However, at scientific and commercial data does not establishment of a population of a present there is no information suggest that these threats, either singly vertebrate species as a possible DPS. We indicating plastic ingestion is a or in combination, are currently of such must first determine whether the significant source of black-footed severity or magnitude as to place the population qualifies as a DPS; this albatross mortality, or that it reduces species in danger of extinction at the requires a finding that the population is body condition in chicks or adults. present time, or within the foreseeable both: (1) Discrete in relation to the Furthermore, it has not been future. We reviewed the petition, remainder of the species to which it demonstrated to have any population- information available in our files, other belongs; and (2) biologically and level effects. We, therefore, conclude published and unpublished information ecologically significant to the species to that plastic ingestion is not a threat to submitted to us during the public which it belongs. If the population the black-footed albatross throughout its comment periods following our 90-day meets the first two criteria under the range, in the Hawaiian Islands, or in the petition finding, and consulted with DPS policy, we then proceed to the Japanese Islands, now or in the recognized albatross experts and other third element in the process, which is foreseeable future, to the extent that the Federal, State, and local resource to evaluate the population segment’s species is currently in danger of agencies within the historical range of conservation status in relation to the extinction or likely to become so within the black-footed albatross, both in the Act’s standards for listing as an the foreseeable future. Hawaiian Islands and in the western endangered or threatened species. These Black-footed albatrosses forage singly Pacific (Japanese Islands). Following three elements are applied similarly for or in small groups, and potential this exhaustive review, we find that additions to or removals from the impacts from contamination from oil listing the black-footed albatross as Federal Lists of Endangered and spills and future oil development are endangered or threatened across its Threatened Wildlife and Plants. not a significant threat to the species range is not warranted at this time. In accordance with our DPS Policy, because: (1) Few individuals would be In making this finding, we recognize we detail our analysis of whether a exposed at any one time and oil spill there have been historical declines in vertebrate population segment under prevention measures are in place; (2) we black-footed albatross populations, and consideration for listing may qualify as have no evidence of active oil drilling that the more recent declines observed a DPS. As described above, we first in the proximity of black-footed from roughly the late 1950s through evaluate the population segment’s albatross nesting islands; and (3) 1980s were primarily attributed to discreteness from the remainder of the response measures are in place in the driftnet and longline fishery bycatch. species to which it belongs. Under the species’ foraging range in the Hawaiian Although the environmental effects DPS policy, a population segment of a Islands and the western coast of North from climate change will undoubtedly vertebrate taxon may be considered America. Hazards to black-footed impact the species, we conclude that discrete if it satisfies either one of the albatrosses from collisions with aircraft significant impacts to the black-footed following conditions: at Midway Atoll and Tern Island are not albatross within the foreseeable future (1) It is markedly separated from other significant as a result of limited flights are not likely. populations of the same taxon as a

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consequence of physical, physiological, The petition asked us to: (1) List the Islands archipelago, and the islands of ecological, or behavioral factors. black-footed albatross as endangered or Kaula (southwest of Niihau) and Lehua Quantitative measures of genetic or threatened throughout its range; or (2) (north of Niihau) just off Kauai in the morphological discontinuity may list the ‘‘Hawaiian breeding population’’ main Hawaiian Islands. The provide evidence of this separation. of the black-footed albatross as a DPS, Northwestern Hawaiian Islands include (2) It is delimited by international and (3) list the ‘‘Japanese breeding Kure Atoll, Midway Atoll, Pearl and governmental boundaries within which population’’ of the black-footed Hermes Reef, Lisianski Island, Laysan differences in control of exploitation, albatross as a DPS. We have already Island, French Frigate Shoals, Necker management of habitat, conservation addressed the entity identified in the Island, Nihoa Island, Maro Reef, and the status, or regulatory mechanisms exist first petition request (black-footed Gardner Pinnacles (Conant et al. 1984, that are significant in light of section albatross throughout its range), above pp. 378–379). Currently black-footed 4(a)(1)(D) of the Act. (see Finding). To address the second albatrosses breed on all of the If a vertebrate population segment and third petition requests regarding Northwestern Hawaiian Islands does not meet either of the DPS’s DPSs, we first need to clearly define the (Naughton et al. 2007, p. 5), except the criteria for discreteness, then no further geographic boundaries of the breeding analysis is necessary. However, if we Gardner Pinnacles and Maro Reef. Less populations, both the Hawaiian and the than 1 percent of the Hawaiian Islands determine that a vertebrate population Japanese; this involves looking at the population segment breeds on Kaula segment is discrete under one or more range-wide breeding population. and Lehua islands. The best available of the conditions described in the Through this process we additionally information indicates the known Service’s DPS policy, then we consider considered whether the islands of San its biological and ecological significance Benedicto and San Guadalupe in the historical breeding range (see Breeding to the larger taxon to which it belongs, eastern Pacific (Mexico) and Wake Distribution) of black-footed albatrosses in light of Congressional guidance (see Island in the central Pacific (Marshall in the Hawaiian Islands archipelago Senate Report 151, 96th Congress, 1st Islands) might be considered DPSs, includes the same locations where they Session) that the authority to list DPSs since black-footed albatross have on are currently found. Other islands be used ‘‘sparingly’’ while encouraging occasion attempted to nest there. We where they were historically reported the conservation of genetic diversity. In determined that even though they but may not have bred are Wake Atoll making this determination, we consider would likely be considered (Marshall Islands archipelago) and available scientific evidence of the geographically separate from both the Johnston Atoll (Rice and Kenyon 1962b, discrete population segment’s Hawaiian and Japanese islands, neither pp. 378–380; Naughton et al. 2007, p. 5). importance to the taxon to which it Wake Atoll nor the islands in Mexico Definition of the Japanese Islands belongs. Because precise circumstances would be included in our DPS analysis Population Segment of the Black-Footed are likely to vary considerably from case because although infrequent attempts at Albatross to case, the DPS policy does not breeding have been documented (Rice describe all the classes of information and Kenyon 1962b, p. 379; Pitman and The Japanese Islands population that might be used in determining the Ballance 2002, p. 13; Rauzon et al. 2008, segment encompasses the breeding biological and ecological importance of pp. 14–15; Henry 2007, pers. comm.; range of the black-footed albatross in the a discrete population. However, the DPS Arata et al. 2009, p. 39; Hebshi 2010, western Pacific, off the coast of Japan, policy describes four possible classes of pers. comm.), there is no evidence that and includes approximately 13 islands: information that provide evidence of a these islands support established Izu-Torishima Island (also known as population segment’s biological and populations of black-footed albatrosses Torishima, in the Izu Shoto Islands ecological importance to the taxon to and, therefore, they cannot be defined as group); 9 islands within the Ogasawara which it belongs. As specified in the a ‘‘breeding population’’ (see Species Islands group, and 3 islands within the DPS policy (61 FR 4722), this Biology, Breeding Populations) that Senkaku Islands group (Eda et al. 2008, consideration of the population might serve as the subject of a DPS p. 109) (see Breeding Distribution segment’s significance may include, but evaluation. above). The best available information With the Hawaiian Islands and the is not limited to, the following: indicates the known historical breeding (1) Persistence of the discrete Japanese Islands defined as two range of black-footed albatrosses in the population segment in an ecological breeding population segments of black- western Pacific also included Agrihan setting unusual or unique to the taxon; footed albatross, we analyzed them (2) Evidence that loss of the discrete separately to determine if they were and Pagan islands in the population segment would result in a ‘‘discrete.’’ If one or both of these Commonwealth of the Northern significant gap in the range of a taxon; population segments met any of the DPS Marianas Islands, 2 of the Kazan-retto (3) Evidence that the discrete policy criteria for discreteness, we next islands (also known as the Volcano population segment represents the only analyzed the population segment(s) to Islands), including Iwo Jima; the surviving natural occurrence of a taxon determine its significance to the taxon isolated Minami Torishima Island that may be more abundant elsewhere as as a whole. (Marcus Island); at least 11 islands an introduced population outside its within the Mukojima islands; 2 of the Definition of the Hawaiian Islands historic range; or Hajajima Islands; Minamitori-shima (4) Evidence that the discrete Population Segment of the Black-Footed Island; Nishino-shima Island within the population segment differs markedly Albatross Bonin Island group; and several islands from other populations of the species in The Hawaiian Islands population within the Senkaku Island group (Chiba its genetic characteristics. segment encompasses the breeding et al. 2007, p. 5; Kawakami et al. 2006, A population segment needs to satisfy range of the black-footed albatross p. 187). We considered for our analysis only one of these conditions to be within the Northwestern Hawaiian the entire western Pacific island groups considered significant. Furthermore, Islands (also known as the Leeward of Izu, Ogasawara, and Senkaku, which other information may be used as Islands), which are a group of small encompass the current known breeding appropriate to provide evidence for islands, atolls, and reefs in the range of black-footed albatrosses in the significance. northwest portion of the Hawaiian western Pacific.

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Discreteness of the Hawaiian Islands is markedly separated from other factors suggested by our DPS policy in Population Segment of the Black-Footed populations of the same taxon as a evaluating significance. Albatross consequence of physical, physiological, (1) Persistence of the Discrete ecological, or behavioral factors. We The breeding population is markedly Population Segment in an Ecological separated from other breeding find that the Hawaiian Islands Setting That Is Unusual or Unique for populations as a consequence of either population segment of the black-footed the Taxon albatross is reproductively isolated from physical, physiological, ecological, or In considering whether the behavioral factors; quantitative the remainder of the taxon in Japan as a result of: (1) The strong behavioral population occupies an ecological measures of genetic or morphological setting that is unusual or unique for the discontinuity may provide evidence of tendencies of black-footed albatross adult females to return to breed near taxon, we evaluate whether the habitat this separation—The Hawaiian breeding includes unique features not used by the population of black-footed albatross is their natal site and to return to an established nesting site in subsequent taxon elsewhere in its range and separated from the remainder of the whether the habitat shares many species in the Japanese Islands by the years; (2) the physical separation of approximately 2,500 mi (4,000 km) of features common to the habitats of other approximately 2,500 mi (4,000 km) of populations within the range of the ocean between Kure Atoll in the ocean separating the two breeding populations, which further enforces the taxon. Northwestern Hawaiian Islands and the The small islands, atolls, and reefs of Hahajima Island cluster in the behavioral separation, and thus ensures that they breed within a localized the Northwestern Hawaiian Islands, and Ogasawara Islands in Japan. While this Lehua and Kaula islands, where the distance is well within the species’ geographic area of the Hawaiian Islands; and (3) the genetic uniqueness of the Hawaii population of the black-footed maximum estimated dispersal distance, albatross breeds, can be characterized as Hawaiian Islands population, which the nesting site fidelity of the female primarily low-elevation volcanic underscores both the spatial and albatross has effectively delimited the islands, reefs and atolls, some having temporal separation of this population breeding range of the two populations. sheer-faced cliffs and others sloping to from the remainder of the taxon in As previously described above (see the ocean (Rice and Kenyon 1962b, pp. Japan. Species Biology, Life History), female 369–377). All support only sparse black-footed albatrosses have a high We did not examine the second coastal scrub or grassy vegetation on a level of affinity to the nest site; over 99 discreteness criterion, ‘‘Delimitation by sandy or volcanic soil substrate percent of black-footed albatross females international governmental boundaries (Cousins and Cooper 2000, p. 5; breed on the island where they hatched within which differences in control of Awkerman et al. 2008, p. 20; Arata et al. and fledged (natal site) and establish exploitation, management of habitat, 2009, p. 10). The remainder of the taxon their own nesting site nearby where conservation status, or regulatory in Japan breeds on volcanic islands they return annually (Rice and Kenyon mechanisms exist that are significant (Torishima Island and the Ogasawara 1962a, pp. 532–533). Furthermore, this with regard to conservation of the Islands) (Naughton et al. 2007, p. 5) and behaviorally dictated reproductive taxon,’’ because although the species is on nonvolcanic islands (the Senkaku isolation is strongly supported by delimited by international governmental Islands) (Naughton et al. 2007, p. 5), but genetic assessments of the population boundaries, it was not necessary to not on atolls or reefs as these land forms structure among black-footed albatrosses further pursue this line of analysis, as are likely nonexistent in the western from three islands in the Hawaiian discreteness of the Hawaiian Islands Pacific. Most of the best available Islands and from the Japanese islands of breeding population of the black-footed information describes the nesting Izu-Torishima (Walsh and Edwards albatross is already determined through characteristics of the taxon in the 2005, p. 292; Eda et al. 2008, p.110) and a ‘‘marked separation’’ of the population Hawaiian Islands; very little information two of the Ogasawara Islands (Eda et al. from the remainder of the taxon. is available detailing the nesting 2008, p. 110). In these combined Significance of the Hawaiian Islands characteristics for the remainder of the assessments it was found that the Population Segment of the Black-footed taxon in Japan. However, based on the Hawaiian population is widely Albatross best available scientific information, we divergent from the Japanese population, have determined that the habitat for the representing four unique haplotypes out Having determined that the Hawaiian Hawaiian Islands population does not of nine known haplotypes, which is an Islands population of the black-footed represent an ecological setting that is indicator of long isolation (Eda et al. albatross meets the discreteness unusual or unique relative to the habitat 2008, pp. 112–115; Chambers 2010, criterion for a DPS, our DPS policy available throughout the entire taxon’s pers. comm.). Furthermore, these results directs us to consider scientific range. We have no evidence to suggest are indicative that the species has been evidence of the biological and ecological that black-footed albatrosses nesting in undergoing this divergence for several importance of this discrete population the Hawaiian Islands utilize habitat hundred millennia (Eda et al. 2008, p. to the remainder of the taxon to which with distinctly different physical 114–115). Thus, not only is the it belongs. In this case, we evaluate the characteristics from that used by black- Hawaiian population spatially separated biological and ecological significance of footed albatrosses in Japan, aside from from the remainder of the taxon in the Hawaiian Islands population a difference in elevation. Black-footed Japan, it also has been temporally segment of black-footed albatrosses albatrosses nesting in the Japanese separated as indicated through unique relative to the taxon as a whole, which Islands appear to utilize habitat with haplotypes. includes the breeding population of the similar physical structure as black- taxon in Japan. A discrete population is footed albatrosses in the Hawaiian Discreteness Summary for the Hawaiian considered significant under the DPS Islands. In general, nests are a Islands Population of the Black-Footed policy if it meets one of the four depression in a sandy or volcanic ash Albatross elements identified in the policy under substrate, surrounded by a rim of sand Our DPS policy states that a significance, or can otherwise be or volcanic soil (Arata et al. 2009, p. 10); population segment of a vertebrate reasonably justified as being significant. in the Japanese Islands where there are species may be considered discrete if it Here we evaluate the four potential no sandy beaches the nests are high

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upslope, whereas in the Hawaiian would be remote due to the combined unique (Eda et al. 2008, 112–115). Islands nests are most often located on deterrents of the 2,500 mi (4,000 km) Although these haplotypes occur at low exposed beaches at the beginning of the distance between the two population frequencies, they are nonetheless vegetation line (Cousins and Cooper segments and the inherent site fidelity indicators of long isolation between the 2000, p. 5; Awkerman et al. 2008, p. 20; of the entire taxon, which together limit Hawaiian Islands population and the Arata et al. 2009, p. 10). the occurrence of successful remainder of the taxon in Japan, and Based upon limited information to colonization events. their loss would mean a significant differentiate the foraging habits of the Nonetheless, there is biological value reduction of almost 50 percent of the Hawaiian Islands population in maintaining the redundancy total known genetic diversity of the (Fernandez et al. 2001, p. 4; Awkerman provided by two geographically discrete taxon as a whole (Chambers 2010, pers. et al. 2008, p. 14) from the remainder of population segments in the event that comm.). We find, therefore, that the the taxon in Japan (Kawakami et al. either is catastrophically decimated, as Hawaiian Islands breeding population 2006, pp. 189–190), it appears that the the remaining population would differs markedly from the rest of the foraging habits of breeding black-footed represent the sole possible source for taxon because there are genetic albatrosses in the Hawaiian Islands are recolonization. The loss of the Hawaiian characteristics present in this similar to the taxon as a whole. Islands population of black-footed population that are not observed in the Breeding birds tend to forage close to albatross would: (1) Reduce the genetic remainder of the taxon in Japan. breeding islands while chicks are young diversity of the remainder of the taxon and require continuous feeding and by almost 50 percent (see details under Significance Summary then take longer foraging trips as chicks (4), below); (2) reduce the breeding We find the discrete population get older (Hyrenbach et al. 2002, pp. population of the entire species by 95 segment of black-footed albatross that 289–294; Kawakami et al. 2006, pp. percent; (3) reduce the breeding range of occurs in the Hawaiian Islands is 189–190). During the nonbreeding the taxon geographically to the islands significant to the species as a whole. season, birds from both geographic areas off the coast of Japan; and (4) eliminate The significance of this population forage throughout the north Pacific any taxonomic redundancy that could segment is based on a positive finding (Hyrenbach et al. 2002, p. 298). Given be imperative to the maintenance of the for two of the factors described in our the available information on the species in the event of a catastrophe. DPS policy for determining significance. diversity and extent of ecological Therefore, we find that the gap in the In our analysis of the significance settings of the black-footed albatross in range resulting from the loss of the criterion, ‘‘Evidence that the loss of the the remainder of its range in Japan, we black-footed albatross breeding population segment would result in a conclude that the discrete population of population in the Hawaiian Islands significant gap in the range of the black-footed albatross in the Hawaiian would be significant to the taxon as a taxon,’’ we determined that, as a Islands is not ‘‘significant’’ within the whole. consequence of breeding site fidelity meaning of the DPS policy as a result of combined with the 2,500 mi (4,000 km) (3) Evidence That the Discrete persistence in a unique or unusual separation between the Hawaiian Population Segment Represents the ecological setting. Islands and the Japanese Islands, the Only Surviving Natural Occurrence of a discrete population of the black-footed (2) Loss of the Population Segment Taxon That May Be More Abundant albatross in the Hawaiian Islands was Would Result in a Significant Gap in the Elsewhere as an Introduced Population reproductively isolated from the Range of the Taxon Outside Its Historical Range remainder of the taxon in Japan. The Loss of the Hawaiian Islands The Hawaiian Islands population significance of this reproductive population segment of the black-footed does not represent the only surviving isolation was supported by evidence albatross, when considered in relation natural occurrence of the black-footed that unique haplotypes represented in to the taxon as a whole, would mean the albatross throughout the range of the the Hawaiian Islands population are a loss of the great majority of the entire taxon; therefore, we conclude that the consequence of a long-term separation breeding range of the taxon. The discrete population of the black-footed from the remainder of the taxon in Hawaiian Islands’ black-footed albatross albatross in the Hawaiian Islands does Japan. Furthermore, the discrete population comprises approximately 95 not meet the significance criterion of the population segment of the Hawaiian percent of the current breeding DPS policy based on this factor. Islands represents 95 percent of the population of the species as a whole. In current breeding population. Thus, loss addition, assessments of genetic (4) Evidence That the Discrete of the Hawaiian Islands discrete divergence between the birds from Population Segment Differs Markedly population segment would represent a Hawaii and birds from Japan provide from Other Populations of the Species loss of a reproductively isolated evidence of four haplotypes, out of nine in Its Genetic Characteristics population representing a significant haplotypes known, which are unique to The genetic structure of the black- majority of the rangewide breeding the Hawaiian Islands population (Eda et footed albatross was assessed in two population and would, therefore, result al. 2008, p. 112–114). Such divergence separate analyses (Walsh and Edwards in a significant gap in the range of in a species of bird suggests 2005, pp. 289–295; Eda et al. 2008, 109– taxon. reproductive isolation over several 116). Through these analyses it was We also found a positive hundred millennia with only rare determined that the Hawaiian Islands determination for the significance movements of females between the breeding population is genetically factor, ‘‘Evidence that the discrete Hawaiian and Japanese islands (Eda et differentiated from the remainder of the population segment differs markedly al. 2008, p. 114; Chambers 2010, pers. taxon in Japan (Walsh and Edwards from other populations of the species in comm.). It follows that, should a 2005, pp. 291–292; Eda et al. 2008, 112– its genetic characteristics,’’ based on the catastrophe decimate the Hawaiian 115; Chambers 2010, pers. comm.). Of results of two analyses that assessed the population segment, the likelihood that the nine known haplotypes described, genetic divergence of the Hawaiian and repopulation of the Hawaiian islands four were found to be unique to the Japanese islands populations. Together would be aided (i.e., ‘‘rescued’’) by birds Hawaiian Islands population (H2, H3, these analyses determined that the from the remainder of the taxon in Japan H4, H5), and a fifth (H1) was nearly Hawaiian Islands discrete population of

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the black-footed albatross was cluster in the Ogasawara Islands in localized geographic area of the genetically divergent from the Japan and Kure Atoll in the Hawaiian Islands; and (3) the genetic remainder of the taxon in Japan through Northwestern Hawaiian Islands. While uniqueness of the Japanese population, unique haplotypes representing almost this distance is well within the species’ which underscores both the spatial and 50 percent of the genetic diversity of the maximum estimated dispersal distance, temporal separation of this population species. Because we have determined the nesting site fidelity of the female from the remainder of the taxon in the that extirpation of the Hawaiian Islands albatross has effectively delimited the Hawaiian Islands. population segment would result in the breeding range of the two populations. We did not examine the second loss of unique genetic characteristics As previously described above (see discreteness criterion, ‘‘Delimitation by within the taxon, we conclude that the Species Biology, Life History), female international governmental boundaries Hawaiian Islands population segment black-footed albatrosses have a high within which differences in control of differs markedly from other populations level of affinity to the nest site; over 99 exploitation, management of habitat, of the species in its genetic percent of black-footed albatross females conservation status, or regulatory characteristics. breed on the island where they hatched mechanisms exist that are significant and fledged (natal site) and establish with regard to conservation of the DPS Conclusion for the Hawaiian their own nesting site nearby where taxon,’’ because, although the species is Islands Population Segment of the they return annually (Rice and Kenyon delimited by international governmental Black-footed Albatross 1962a, pp. 532–533). Furthermore, this boundaries, it was not necessary to Our DPS policy directs us to evaluate behaviorally dictated reproductive further pursue this line of analysis as the significance of a discrete population isolation is strongly supported by discreteness of the Japanese breeding in the context of its biological and genetic assessments of the population population of the black-footed albatross ecological significance to the remainder structure among black-footed albatrosses was already determined through a of the species to which it belongs. Based from three islands in the Hawaiian ‘‘marked separation’’ of the population on an analysis of the best available Islands and from the Japanese Islands of from the remainder of the taxon. scientific and commercial data, we Torishima (Walsh and Edwards 2005, p. conclude that the Hawaiian Islands Significance of the Japanese Population 292; Eda et al. 2008, p.110) and two of Segment of the Black-footed Albatross population segment of the black-footed the Ogasawara Islands (Eda et al. 2008, albatross is discrete due to reproductive p. 110). In these combined assessments Having determined that the Japanese isolation as a result of spatial and it was found that the Japanese population segment of the black-footed temporal separation from the remainder population is widely divergent from the albatross meets the discreteness of the taxon. Furthermore, we conclude Hawaiian population, representing three criterion for a DPS, our DPS policy that the Hawaiian Islands discrete unique haplotypes out of nine known directs us to consider scientific population segment of the black-footed haplotypes, which is an indicator of evidence of the biological and ecological albatross is significant because it meets long reproductive isolation (Eda et al. importance of this discrete population the following criteria to establish 2008, pp. 112–115; Chambers 2010, to the remainder of the taxon to which significance in the DPS policy: (1) The pers. comm.). Furthermore, these results it belongs. In this case, we evaluate the loss of this breeding population would are indicative that the species has been biological and ecological significance of mean the loss of a large portion of the undergoing this divergence for several the Japanese population segment of geographic range and reproductive hundred millennia (Eda et al. 2008, pp. black-footed albatrosses relative to the proportion of the entire breeding range 114–115). Thus, not only is the Japanese taxon as a whole, which includes the of the taxon, resulting in a significant population spatially separated from the breeding population of the taxon in the gap in the range of the species; and (2) remainder of the taxon, it also has been Hawaiian Islands. A discrete population this population differs markedly from temporally separated as indicated is considered significant under the DPS the rest of the species because there are through unique haplotypes. policy if it meets one of the four genetic characteristics present in this elements identified in the policy under population that are not observed in the Discreteness Summary for the Japanese significance, or can otherwise be remainder of the taxon. Therefore, we Population of the Black-footed Albatross reasonably justified as being significant. conclude that the Hawaiian Islands Our DPS policy states that a Here we evaluate the four potential population of the black-footed albatross population segment of a vertebrate factors suggested by our DPS policy in is both discrete and significant under species may be considered discrete if it evaluating significance. our DPS policy and is, therefore, a is markedly separated from other listable entity under the Act. populations of the same taxon as a (1) Persistence of the Discrete consequence of physical, physiological, Population Segment in an Ecological Discreteness of the Japanese Islands ecological, or behavioral factors. We Setting That Is Unusual or Unique for Population Segment of the Black-footed find that the Japanese Islands the Taxon Albatross population segment of the black-footed In considering whether the The breeding population is markedly albatross is reproductively isolated from population occupies an ecological separated from other breeding the remainder of the taxon in the setting that is unusual or unique for the populations as a consequence of either Hawaiian Islands as a result of: (1) The taxon, we evaluate whether the habitat physical, physiological, ecological, or strong behavioral tendencies of black- includes unique features not used by the behavioral factors; quantitative footed albatross adult females to return taxon elsewhere in its range and measures of genetic or morphological to breed near their natal site and to whether the habitat shares many discontinuity may provide evidence of return to an established nesting site in features common to the habitats of other this separation—The Japanese breeding subsequent years; (2) the physical populations within the range of the population of black-footed albatross is separation of approximately 2,500 miles taxon. separated from the remainder of the (4,000 km) of ocean separating the two The island groupings in the western species in the Hawaiian Islands by the breeding populations which further Pacific where the Japanese population approximately 2,500 mi (4,000 km) of enforces the behavioral separation and of the black-footed albatross breeds can ocean between the Hahajima Island thus ensures that they breed within a be characterized as volcanic (Torishima

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Island and the Ogasawara Islands) DPS policy as a result of persistence in eliminate any biological redundancy (Naughton et al. 2007, p. 5) and a unique or unusual ecological setting. that could be imperative to the maintenance of the species in the event nonvolcanic (Senkaku Islands) (2) Loss of the Population Segment of a catastrophe. Therefore, we find that (Naughton et al. 2007, p. 5). The Would Result in a Significant Gap in the the gap in the range resulting from the Northwestern Hawaiian Islands where Range of the Taxon the remainder of the taxon breeds is loss of the black-footed albatross predominantly characterized by reefs Loss of the black-footed albatross breeding population in Japan would be and atolls, some having sheer-faced breeding population in the Japanese significant to the taxon as a whole. cliffs and others sloping to the ocean Islands, when considered in relation to black-footed albatrosses breeding in the (3) Evidence That the Discrete (Rice and Kenyon 1962b, pp. 369–377). Hawaiian Islands, would mean the loss Population Segment Represents the Most of the best available information of a proportionally small geographic Only Surviving Natural Occurrence of a describes the nesting characteristics of area that holds approximately 5 percent Taxon That May Be More Abundant the taxon in the Hawaiian population; of the entire breeding population of the Elsewhere as an Introduced Population we acknowledge that very little taxon. Regardless of the proportional Outside Its Historical Range information is available detailing the size of such a loss, the Japanese Islands Because the population in Japan does nesting characteristics in the Japan population represents an important not represent the only surviving natural population. However, based on the best segment of the representative historical occurrence of the black-footed albatross available scientific information, we have range of the taxon; loss of the breeding throughout the range of the taxon, we determined that the habitat for the population in the Japanese Islands conclude that the discrete population of Japanese population segment does not would mean the loss of the entire the black-footed albatross in Japan does represent an ecological setting that is western Pacific breeding range of the not meet the significance criterion of the unusual or unique relative to the habitat species. The Japanese Islands DPS policy based on this factor. available throughout the entire taxon’s population additionally provides an (4) Evidence That the Discrete range. Black-footed albatrosses nesting important measure of redundancy for Population Segment Differs Markedly in the Japanese Islands appear to utilize the taxon as a whole. Loss of the from Other Populations of the Species habitat with similar physical structure Japanese Islands breeding population of in Its Genetic Characteristics as black-footed albatrosses in the black-footed albatross would reduce the Hawaiian Islands. In general, nests are remainder of the taxon to a single The genetic structure of the black- a depression in a sandy or volcanic ash concentration of nesting islands in the footed albatross was assessed in two substrate, surrounded by a rim of sand central Pacific. Since only two breeding separate analyses (Walsh and Edwards or volcanic soil (Rice and Kenyon populations comprise the entire range of 2005, pp. 289–295; Eda et al. 2008, 109– 1962a, 536–537; Arata et al. 2009, p. the species, each could be critical as a 116). Through these analyses it was 10). Although black-footed albatrosses source of potential recolonization determined that the Japanese breeding nest on high open slopes on the steep, should the other population be lost (for population is genetically differentiated rocky Japanese Islands where sandy example, to a severe epizootic). from the taxon in the Hawaiian Islands beaches are not available, we have no Assessments of genetic divergence (Walsh and Edwards 2005, pp. 291–292; evidence to suggest that this difference between the birds from Japan and birds Eda et al. 2008, 112–115; Chambers in physical location of nests on high from the Hawaiian Islands provide 2010, pers. comm.). Of the nine known elevation slopes is ecologically evidence of three haplotypes out of nine haplotypes described, three were found significant to the taxon as whole. known haplotypes that are unique to the to be unique to the Japanese Islands Japanese population and another population (J2, J3, J4), and a fourth (J1) Based upon limited information to haplotype that is nearly unique to Japan was nearly unique (Eda et al. 2008, 112– differentiate the foraging habits of the (Eda et al. 2008, pp. 112–114). Such 115). Although these haplotypes occur Japanese population (Kawakami et al. genetic divergence in a species of bird at low frequencies, they are nonetheless 2006, pp. 189–190) from the remainder suggests reproductive isolation over indicators of long isolation between the of the taxon in the Hawaiian Islands several hundred millennia with only population in Japan and the remainder (Fernandez et al. 2001, p. 4; Awkerman rare movements of females between the of the taxon in the Hawaiian Islands, et al. 2008, p. 14), it appears that the Japanese and Hawaiian islands (Eda et and the loss of the Japanese population foraging habits of breeding black-footed al. 2008, p. 114; Chambers 2010, pers. would mean a significant reduction of albatrosses in Japan are similar to the comm.). Even though the Japanese almost 45 percent of the total genetic taxon as a whole. Breeding birds tend to Islands population does not contain the diversity of the taxon as a whole forage close to breeding islands while full genetic representation of the taxon (Chambers 2010, pers. comm.). We find, chicks are young and require rangewide, it is the only other therefore, that the breeding population continuous feeding and then take longer population of the taxon that wildlife in Japan differs markedly from the rest foraging trips as chicks get older managers could use to repopulate the of the taxon because there are genetic (Kawakami et al. 2006, pp. 189–190; Hawaiian Islands population should characteristics present in this Hyrenbach et al. 2002, pp. 289–294). that population be imperiled by a population that are not observed in the During the nonbreeding season, birds catastrophic event. remainder of the taxon in the Hawaiian from both population localities forage In summary, the loss of the Japanese Islands. throughout the north Pacific (Hyrenbach population of black-footed albatross, et al. 2002, p. 298). Given the available therefore, would: (1) Reduce the genetic Significance Summary information on the diversity and extent diversity of the remainder of the taxon We find that the discrete population of ecological settings of black-footed by almost 45 percent (see (4), below; (2) segment of black-footed albatross that albatrosses in the remainder of its range reduce the breeding range of the taxon occurs in Japan is significant to the in the Hawaiian Islands, we conclude geographically to only the Hawaiian species as a whole. The significance of that the discrete population of black- Islands, and eliminate the only other this population segment is based on a footed albatross in Japan is not population representative of the positive finding for two of the factors ‘‘significant’’ within the meaning of the historical range of the species; and (3) described in our DPS policy for

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determining significance. In our taxon, nearly half the known genetic those threats for each of these analysis of the significance criterion, diversity of the species, and potentially populations. To avoid repetition, here ‘‘Evidence that the loss of the important biological redundancy for the we incorporate by reference the threats population segment would result in a taxon, resulting in a significant gap in analysis specific to the Hawaiian Islands significant gap in the range of the the range of the species; and (2) this breeding population of the black-footed taxon,’’ we determined that loss of the population differs markedly from the albatross conducted earlier in this Japanese breeding population would rest of the species because there are document, and specifically note if any result in a significant gap in the range genetic characteristics present in this circumstances specific to the breeding of the taxon because it would: (1) population that are not observed in the population in the Hawaiian Islands Reduce the genetic diversity of the remainder of the taxon. Therefore, we differs from the earlier analysis. remainder of the taxon by almost 45 conclude that the Japanese Islands Otherwise, we present only our percent; (2) reduce the breeding range of population is both discrete and conclusion for each of the threat factors the taxon geographically to only the significant under our DPS policy and is, considered, and refer the reader to the Hawaiian Islands, and eliminate the therefore, a listable entity under the Act. rangewide status assessment, above, for only other population representative of the detailed analysis supporting each Summary of DPS Analyses the historical range of the species; and conclusion (see Summary of Factors (3) eliminate any biological redundancy Based on our DPS policy (61 FR 4722; Affecting the Species Throughout Its that could be imperative to the February 7, 1996), if a population Range). maintenance of the species in the event segment of a vertebrate species is both Factor A. The Present or Threatened of a catastrophe. We also made a discrete and significant relative to the Destruction, Modification, or positive determination for the taxon as a whole (i.e., it is a distinct Curtailment of Its Habitat or Range significance factor ‘‘Evidence that the population segment), its evaluation for discrete population segment differs endangered or threatened status will be In our rangewide evaluation of threats markedly from other populations of the based on the Act’s definition of those facing the black-footed albatross, we species in its genetic characteristics’’ terms and a review of the factors evaluated the following potential factors based on the results of two analyses that enumerated in section 4(a) of the Act. as they affect the habitat or range of the assessed the genetic divergence of the Having found that the Hawaiian Islands Hawaiian Islands breeding population Japanese and Hawaiian islands and Japanese Islands breeding (now DPS) of the black-footed albatross: populations. Together these analyses populations of the black-footed albatross military activities; volcanic activity; determined that the Japanese Islands each meet the definition of a distinct natural gas exploration; invasive plant population of the black-footed albatross population segment, we now evaluate species; and effects related to climate was genetically divergent from the the status of each of these populations change, including sea level rise, coastal remainder of the taxon in the Hawaiian separately to determine whether either and wave inundation events, changes in Islands through unique haplotypes meets the definition of endangered or tropical storm frequency or intensity, representing almost 45 percent of the threatened under the Act. changes in ENSO and PDO events resulting in reduced marine genetic diversity of the species. We have Summary of Factors Affecting the productivity, and increased ambient determined that extirpation of the Hawaiian Islands DPS Japanese Islands population segment temperatures. We have no additional would result in the loss of unique The Act establishes five categories of information unique to the Hawaiian genetic characteristics within the taxon; threat that, either singly or in Islands DPS of the black-footed therefore, we conclude that the Japanese combination, indicate a DPS may be albatross. Therefore, based on our Islands population segment differs threatened or endangered. The five assessment of the best scientific and markedly from other populations of the listing factors that must be considered commercial data available, as detailed species in its genetic characteristics. are: (A) Present or threatened in our rangewide assessment of Factor destruction, modification, or A, above (Summary of Factors Affecting DPS Conclusion for the Japanese curtailment of its habitat or range; (B) the Species Throughout Its Range), we Population Segment of the Black-footed overutilization for commercial, conclude that the Hawaiian Islands DPS Albatross recreational, scientific, or educational of the black-footed albatross is not Our DPS policy directs us to evaluate purposes; (C) disease or predation; (D) threatened by the present or threatened the significance of a discrete population the inadequacy of existing regulatory destruction, or modification, or in the context of its biological and mechanisms; or (E) other natural or curtailment of its habitat or range. ecological significance to the remainder manmade factors affecting its continued of the species to which it belongs. Based existence. Factor B. Overutilization for on an analysis of the best available We have already completed a Commercial, Recreational, Scientific, or scientific and commercial data, we comprehensive status review of the Educational Purposes conclude that the Japanese Islands black-footed albatross across the range We are not aware of any information population segment of the black-footed of the species. In this case, the entire indicating that overutilization of black- albatross is discrete due to reproductive range of the species is composed of two footed albatrosses for commercial, isolation as a result of spatial and breeding populations, that in the scientific, or educational purposes temporal separation from the remainder Hawaiian Islands and that in the threatens this species, and have no of the taxon. Furthermore, we conclude Japanese Islands. In our rangewide additional information unique to the that the Japanese Islands discrete assessment of the status of the black- Hawaiian Islands DPS of the black- population segment of the black-footed footed albatross, wherever possible we footed albatross. Therefore, based on our albatross is significant because it meets differentiated between threats acting on assessment of the best scientific and the following criteria established in the the breeding populations in the commercial data available, as detailed DPS policy: (1) The loss of this breeding Hawaiian Islands and threats acting on in our rangewide assessment of Factor population would mean the loss of the the breeding populations in the B, above (Summary of Factors Affecting only other population representative of Japanese Islands, and reached separate the Species Throughout Its Range), we the historical breeding range of the conclusions as to the significance of conclude that overutilization for

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commercial, recreational, scientific, or definitively determine the extent and Summary of Threats Affecting the educational purposes is not a significant quantify the impact of other Alaska- Species Throughout Its Range), we find threat to Hawaiian Islands DPS of the based demersal longline fisheries; other that other natural or manmade factors black-footed albatross. (nonpelagic) longline fisheries based in do not significantly threaten the black- California, Oregon, and Washington; footed albatross in the Hawaiian Islands Factor C. Disease or Predation coastal purse seine and troll fisheries DPS. However, we further conclude that Our analysis of the potential threat based in the United States; Canadian- continued research and monitoring is posed by avian pox, avian cholera, west based longline fisheries; and longline important in the detection of potential Nile Virus, and H5N1 is detailed under fisheries based in Japan, Taiwan, China, future effects. the section titled Disease in our Korea, Russia, and Mexico. We have no Finding for the Hawaiian Islands DPS rangewide assessment of Factor C, additional information unique to the above. Our analysis of the potential Hawaiian Islands DPS of the black- We assessed the best available threat posed by predation by rats and footed albatross. Therefore, based on our scientific and commercial data sharks is detailed under the section assessment of the best scientific and regarding the threats facing the titled Predation in our rangewide commercial data available, as detailed Hawaiian Islands DPS of the black- assessment of Factor C, above. The in our rangewide assessment of Factor footed albatross. We reviewed numerous rangewide assessment specifically D, above (Summary of Factors Affecting information sources including literature addresses the Hawaiian Islands breeding the Species Throughout Its Range), we cited in the petition, information in our population, and we have no additional conclude that the Hawaiian Islands DPS files, information submitted to us information unique to the Hawaiian of the black-footed albatross is not following our 90-day petition finding Islands DPS of the black-footed threatened by the inadequacy of existing (72 FR 57278; October 9, 2007) and the albatross. Therefore, based on our regulatory mechanisms. second information solicitation period assessment of the best scientific and We are mindful of the potential (74 FR 43092; August 26, 2009), and commercial data available, as impacts that these fisheries could have consulted with recognized albatross summarized here and detailed in our on the Hawaiian Islands DPS of the experts and other Federal, State, and rangewide assessment of Factor C, above black-footed albatross. Furthermore, we local resource agencies related to (Summary of Factors Affecting the acknowledge that many of the current potential threats to the black-footed Species Throughout Its Range), we protective agreements are voluntary in albatross and its marine and terrestrial conclude the Hawaiian Islands DPS of nature, and that bycatch mitigation habitat. Such potential threats include: the black-footed albatross is not measures may be lacking in historical habitat modification; invasive threatened by disease or predation. international fleets. Although regulatory species; effects from climate change including sea level rise, coastal and Factor D. The Inadequacy of Existing mechanisms are thus not as strong or wave inundation events, changes in Regulatory Mechanisms comprehensive as they potentially might be, the present status of the black- tropical storm frequency and intensity, To determine whether the DPS may footed albatross, with populations changes in food availability, and be threatened as a result of the collectively stable in the Hawaiian increases in ambient temperature; inadequacy of existing regulatory Islands and expected to remain so or overutilization; disease and predation; mechanisms, we reviewed existing even increase into the future (Arata et bycatch in fisheries; contamination by international and U.S. conventions, al. 2009, p. 51; ACAP 2010, p. 4), PCBs and other pollutants; plastic agreements, and laws for the specific indicates that the DPS is not at risk at ingestion; oil spills; and collisions with protection of black-footed albatrosses or a population level as a result of any aircraft. To determine whether these their marine and terrestrial habitats in inadequacy in regulatory mechanisms in risk factors individually or collectively the countries where they forage, place respecting fisheries bycatch. put the DPS in danger of extinction migrate, and breed. In our throughout its range, or are likely to do comprehensive evaluation of Factor D Factor E. Other Natural or Manmade so within the foreseeable future, we first under the rangewide threats assessment Factors Affecting its Continued considered whether the factors were for the black-footed albatross, above Existence causing a population decline, or were (Summary of Factors Affecting the In our discussion of Factor E under likely to do so within the foreseeable Species Throughout Its Range), we the rangewide threats assessment for the future. discuss the protection status of the black-footed albatross, above (Summary We subjected all potential threats to black-footed albatross and its marine of Factors Affecting the Species the black-footed albatross to a and terrestrial habitat at international, Throughout Its Range), we detail our comprehensive assessment under our national, and regional levels, followed evaluation of the potential threat to the rangewide evaluation of the species, by a discussion of international and Hawaiian Islands breeding population above, in the section titled Summary of national fisheries regulations that are posed by several sources of Threats Affecting the Species designed to reduce and monitor seabird contamination, including Throughout its Range. Since the species bycatch from fisheries operations, and organochlorines (e.g., polychlorinated throughout its range is composed specifically evaluate the threat posed to biphenyls (PCBs), dichloro-diphenyl collectively of only two breeding the Hawaiian Island breeding trichloroethane (DDT)), ingestion of populations, that in the Hawaiian population of the species. plastics, and oil spills. We additionally Islands and that in the Japanese Islands, We conclude that the Hawaiian evaluated the potential threat posed to our rangewide assessment included a Islands DPS of the black-footed albatross the black-footed albatross by collisions full evaluation of the threats to each of is not significantly threatened by the with airplanes. We have no additional these two breeding populations as well. Hawaii-based shallow-set longline information unique to the Hawaiian To avoid repetition in our assessment of fishery, the Alaska-based demersal Islands DPS of the black-footed the Hawaiian Islands DPS, we longline groundfish fishery, or the albatross. Therefore, based on the best incorporated by reference the detailed California, Oregon, and Washington available scientific and commercial threats assessments conducted under groundfish, Pacific hake, and pelagic data, and as detailed in our rangewide the rangewide analysis, above, and longline fisheries. We cannot assessment of Factor E, above (see present here only our conclusions for

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each of those threats specific to the breeding population in the Japanese of albatrosses, so that the only apparent Hawaiian Islands DPS of the black- Islands, and reached separate effect was to destroy part of their footed albatross. conclusions as to the significance of nesting habitats. By 1930, it was On the basis of our status review, we those threats for each of these apparent that many birds had returned conclude that the listing of the populations. To avoid repetition, here and were breeding on the island as Hawaiian Islands DPS of the black- we incorporate by reference the threats human harvesting of all the albatross footed albatross is not warranted at this analysis specific to the Japanese Islands species was resumed by settlers. The time. Our standard for determining breeding population of the black-footed volcano erupted again in 1939, burying whether listing is warranted is whether albatross conducted earlier in this most of the former breeding grounds a species (including a DPS) is presently document, and specifically note if any and making them uninhabitable by the in danger of extinction throughout all or circumstances specific to the breeding birds. The main crater overflowed once a significant portion of its range population in the Japanese Islands differ more in 1941, closing the natural (endangered) or is likely to become an from the earlier analysis. Otherwise, we anchorage that had allowed free access endangered species within the present only our conclusion for each of to human hunters in the past. When foreseeable future throughout all or a the threat factors considered, and refer visited in 1949, the island was significant portion of its range the reader to the rangewide status described as ‘‘birdless’’ (Austin 1949, p. (threatened). We acknowledge that the assessment, above, for the detailed 289). Black-footed albatrosses black-footed albatross faces a variety of analysis supporting each conclusion reoccupied the island, however, and threats, and that some of these threats (see Summary of Factors Affecting the have been steadily increasing in have had significant impacts on the Species Throughout its Range). numbers since systematic counts began species in the past. However, our status in 1957 (Cousins and Cooper 2000, p. Factor A. The Present or Threatened review indicates that the black-footed 23). Volcanic activity on Torishima Destruction, Modification, or albatross population in the Hawaiian Island was last recorded in 2002, with Curtailment of Its Habitat or Range Islands is presently stable and under volcanic ash and rock blanketing the current conditions may even increase in In our rangewide evaluation of threats central portion of the island. size over the next 60 years (Arata et al. facing the black-footed albatross, we Given this history, it is likely 2009, pp. 50–51; ACAP 2010, p. 5), evaluated the following potential factors Torishima Island will continue to suggesting that these past threats are no as they affect the habitat or range of the experience volcanic activity. We longer significantly affecting the Japanese Islands breeding population consider it likely that seabirds such as species. At this time our evaluation of (now DPS) of the black-footed albatross: the black-footed albatross will survive the best available scientific and military activities; volcanic activity; such an event, as they have in the past; commercial data does not suggest that natural gas exploration; invasive plant being pelagic, approximately 75 percent the threats acting on the species, either species; and the environmental effects of the population is at sea during any singly or in combination, are currently of climate change, including sea level given time, which likely buffers them of such severity or magnitude as to rise, coastal and wave inundation against such a catastrophic event at their place the DPS in danger of extinction at events, changes in tropical storm nesting site (Finkelstein et al. 2010, p. the present time or within the frequency or intensity, changes in ENSO 328). Additionally, using a matrix foreseeable future. and PDO events resulting in reduced model that incorporated catastrophic mortality (i.e., volcanic eruptions) and Summary of Factors Affecting the marine productivity, and increased chronic mortality (i.e., annual fisheries Japanese Islands DPS ambient temperatures. Here we evaluate each factor further only if we have bycatch), chronic mortality was found to The Act establishes five categories of additional information unique to the have a greater effect on predicted annual threat that, either singly or in Japanese Islands DPS of the black-footed population growth rate in short-tailed combination, indicate a DPS may be albatross. albatrosses than did catastrophic threatened or endangered. The five mortality (Finkelstein et al. 2010, p. listing factors that must be considered Military Activities 328), thus we expect catastrophic are: (A) Present or threatened In our rangewide evaluation of threats mortality would likely have relatively destruction, modification, or facing the black-footed albatross, we little effect on the population growth of curtailment of its habitat or range; (B) evaluated military activities as they the black-footed albatross population. overutilization for commercial, affect the habitat or range of the Following a volcanic eruption recreational, scientific, or educational Japanese Islands breeding population Torishima Island could eventually be purposes; (C) disease or predation; (D) (now DPS) of the black-footed albatross. reoccupied, and recolonized by birds the inadequacy of existing regulatory We have no additional information from the nearby Ogasawara Islands, mechanisms; and (E) other natural or unique to the Japanese Islands DPS of similar to the observed recolonization of manmade factors affecting its continued the black-footed albatross. Therefore, these islands following military existence. based on our assessment of the best activities during World War II. Some We have already completed a scientific and commercial data authors, however, (Finkelstein et al. comprehensive status review of the available, as detailed in our rangewide 2010, p. 323) suggest that this scenario black-footed albatross across the range assessment of Factor A, above is unlikely as the movement of breeding of the species. In this case, the entire (Summary of Factors Affecting the birds between colonies is extremely range of the species is composed of two Species Throughout its Range), we low; birds are more likely to skip breeding populations, that in the conclude the Japanese Islands DPS of breeding until such time as they can Hawaiian Islands and that in the the black-footed albatross is not return to their island; and, dispersing Japanese Islands. In our rangewide threatened by military activities. and colonizing birds are more likely to assessment of the status of the black- be nonbreeding juveniles. Because footed albatross, wherever possible we Volcanic Activity Torishima Island provides nesting differentiated between threats acting on On Torishima Island, a 1903 volcanic habitat for approximately 2,150 of the the breeding population in the Hawaiian eruption occurred during the approximately 3,184 nesting pairs in the Islands and threats acting on the nonbreeding season for several species Japanese Islands (ACAP 2010, p. 4), the

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population could be impacted by a now and in the foreseeable future. not nest on beaches, but instead nest volcanic eruption either through However, the majority of climate change upslope on steep high-elevation islands, mortality of some portion of the nesting data that were available to us were not and would not be impacted by waves or population, destruction of nesting for the far western Pacific, but for the overwash events. Based on this habitat for 67 percent of the population central Pacific. Therefore, much of the assessment, and as detailed in our in the western Pacific, or through lack information available to us did not rangewide assessment of Climate of recruitment as a result of several apply specifically to the Japanese Change and Wave Inundation under years of skipped breeding. Islands DPS; however, it constitutes the Factor A, above (see Summary of However, as we anticipate most of the best scientific and commercial data Factors Affecting the Species adult birds would be at sea during an available to us for our evaluation. Throughout its Range), we do not eruption, we expect that any negative Sea Level Rise and Coastal Inundation believe climate change and wave effects from such an event would not be inundation pose a significant threat to of such great magnitude that the Efforts to project and model the the Japanese Islands DPS. Japanese Islands DPS would become in potential effects of climate change and danger of extinction throughout all or a sea level rise on the black-footed Climate Change and Tropical Cyclone significant portion of its range, and albatross have focused primarily on Storm Frequency habitat in the central Pacific, not on the based on historical observations, we As described in our assessment of western Pacific where the Japanese believe it is reasonable to assume that tropical storm frequency under the Islands DPS is located (Vitousek et al. the breeding population of black-footed rangewide evaluation of Factor A (see albatross on Torishima Island would 2008, pp 1–11; Fletcher 2009, pp. 1–9; Summary of Factors Affecting the eventually recover as it has following Fletcher and Feirstein 2009, pp. 1–8). Species Throughout its Range), above, past eruptions. In addition, it is possible The Japanese Islands supporting slight increases (i.e., a few percent), over that Torishima Island could eventually nesting populations of black-footed the next 100–200 years, in both the be recolonized by birds from the nearby albatross are relatively high islands with frequency and intensity of tropical Ogasawara Islands, similar to some elevation above sea level, not low- storms are projected in the western recolonization of these islands following lying atolls or reefs as in many of the Pacific (e.g., Japanese Islands) (Vecchi military activities during World War II. Northwestern Hawaiian Islands. and Soden 2007, pp. 1068–1069, Figures We, therefore, conclude that volcanic Therefore, these islands are not likely to 2 and 3; Emanuel et al. 2008, p. 360, activity does not pose a significant be affected by rising sea levels. For threat to the Japanese Islands DPS of the example, Torishima is a large island Figure 8; Yu et al. 2010, p. 1371, Figure black-footed albatross. (1,184 ac (479 ha)) with relatively steep 14). These projected increases are not topography, with a peak elevation of expected to significantly affect black- Natural Gas Exploration 1,293 ft (394 m). The Senkaku Islands footed albatrosses, which arrive at their In our rangewide evaluation of threats are also high in elevation, reaching a nesting sites in mid- to late October and facing the black-footed albatross, we maximum height of 1,257 ft (383 m) begin laying eggs in mid-November to evaluated the potential for natural gas (Japan Meteorological Society, http:// mid-December. Tropical storm season in exploration as it may affect the habitat watchizu.gsi.go, accessed July 21, 2010). the western Pacific ends in early or range of the Japanese Islands Nesting by black-footed albatrosses on November, and the period of overlap breeding population of the black-footed these islands occurs well above sea level between birds arriving at nesting sites albatross. We have no additional in volcanic substrates or on the top of and the end of the tropical storm season information unique to the Japanese hill and upland slopes. These is likely only a few weeks. These adult Islands DPS of the black-footed populations of black-footed albatross birds can fly away to avoid tropical albatross. Therefore, based on our will not be affected by loss of nesting storms that may arrive after they return assessment of the best scientific and habitat due to sea level rise (see to the nesting areas, and although the commercial data available, as detailed Summary of Factors Affecting the population of black-footed albatrosses in our rangewide assessment of Factor Species Throughout its Range). Based nesting in the Japanese Islands is A, above (Summary of Factors Affecting on this assessment, and as detailed in relatively small, it is unlikely that the Species Throughout its Range), we our rangewide assessment of Sea Level multiple nesting sites would be have no information at this time to Rise and Coastal Inundation under impacted in a single storm season, given suggest that activities associated with Factor A, above (see Summary of the geographic spread of the nesting natural gas exploration pose a Factors Affecting the Species sites on different islands used by the significant threat to the Japanese Islands Throughout its Range), we do not species. Furthermore, as the scale of DPS of the black-footed albatross. believe sea level rise and coastal increase in intensity or frequency of inundation pose a significant threat to storms is relatively small over the Effects Related to Climate Change the Japanese Islands DPS. timeframe of 100 to 200 years While climate change impacts to some considered in these models, we specific environmental features (e.g., sea Climate Change and Wave Inundation anticipate the increase within the next ice) can be reliably assessed to some Winter wave heights generated from 30 to 50 years to be relatively minimal. degree into the future, assessment of climate models show significant Therefore, while there may be some potential climate-induced changes to increases in the northwestern and short-term impacts to black-footed black-footed albatross habitat in the northeastern Pacific, but in the vicinity albatross nesting success due to the tropical and temperate terrestrial and of the major black-footed albatross potential overlap of bird arrivals at marine systems is complex, with highly breeding areas in the Japanese Islands nesting sites at the end of the tropical variable predictions of effects. Here we (Torishima Island and the Ogasawara storm season, as detailed in our evaluate the best available scientific and Islands), winter wave heights are rangewide assessment of Climate commercial data on possible climate predicted to remain unchanged (Wang Change and Storm Frequency under change effects in these systems that and Swail 2006, p. 116). In addition, as Factor A, above (see Summary of could negatively affect the Japanese described above, black-footed Factors Affecting the Species Islands DPS of the black-footed albatross albatrosses in the Japanese Islands do Throughout its Range), we do not

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anticipate these impacts to significantly DPS. Therefore, we conclude that there are no reports of west Nile virus affect the Japanese Islands DPS. overutilization for commercial, in the northern Pacific albatrosses. recreational, scientific, or for Avian cholera is a result of an Climate Change and Marine educational purposes is not a significant infection by the bacterium Patruella Productivity threat to the Japanese Islands DPS of the multocida and usually occurs in large- We have evaluated the best available black-footed albatross. scale outbreaks, most commonly in scientific and commercial information migratory waterfowl at staging areas with regard to climate change and Factor C. Disease or Predation when populations are concentrated decreased marine productivity in Disease (Botzler 1991, pp. 367–395; USGS 1999, response to climate change, and as Our analysis of the potential threat p. 75). Avian cholera has not been detailed in our rangewide assessment of detected in birds in the Hawaiian posed by avian pox, avian cholera, west Climate Change and Marine Islands, and reports of die-offs of wild Nile Virus, and H5N1 is detailed under Productivity under Factor A, above (see birds in countries other than the United the section titled Disease in our Summary of Factors Affecting the States and Canada are uncommon rangewide assessment of Factor C, Species Throughout its Range), and we (USGS 1999, pp. 80–82). However, we above. The principal form of avian pox have no additional information specific are unable to determine the extent and transmission in wild birds is through to the Japanese Islands DPS of the black- impact of avian cholera on black-footed the introduced mosquito, Culex footed albatross. Based on our albatrosses in the Japanese Islands DPS quinquefasciatus, rather than through assessment, we have no information at due to the lack of study and available direct contact with a contaminated this time to suggest that possible information, but reports of die-offs are surface or aerosol (Warner 1968, p. 104; predicted decreases in marine not known. Arata et al. 2009, p. 20). We are unable productivity pose a significant threat to Wild birds have been affected by the to determine the extent and impact of the Japanese Islands DPS of the black- H5N1 highly pathogenic avian influenza avian pox on the black-footed albatross footed albatross. since 2002 (Uchida et al. 2008, p. 1). in the Japanese Islands DPS due to the The H5N1 avian influenza has been Climate Change and Ambient lack of study and available information. detected in wild birds (primarily Temperature However, based on the limited waterfowl) on the main islands of Japan As detailed in our rangewide information available regarding this (Uchida et al. 2008, p. 2); however, assessment of Climate Change and disease in black-footed albatrosses in H5N1 avian influenza has not been Ambient Temperature under Factor A, the Hawaiian Islands, it is reasonable to detected in wild birds on Torishima above (see Summary of Factors assume that the prevalence of this Island, the Ogasawara Islands, or the Affecting the Species Throughout its disease in black-footed albatrosses in Senkaku Islands. Range), our evaluation of the best the Japanese Islands, if present, is low In summary, we have no evidence to scientific and commercial data available (since it has never been reported from suggest that diseases such as avian pox, at this time does not suggest projected these birds on these islands) and that west Nile virus, avian cholera, or H5N1 average ambient temperature increases infected individuals recover from the avian influenza pose a significant threat pose a significant threat to the breeding disease. Therefore, if avian pox is to the Japanese Islands DPS of the black- population of black-footed albatrosses in present in black-footed albatrosses in footed albatross. Therefore, based on our the Japanese Islands, and we have no the Japanese Islands, the effect of the evaluation of the best scientific and additional information unique to the pox is expected to be minimal. commercial data available, we conclude Japanese Islands DPS. Therefore, based Diseases such as West Nile virus, that disease is not a significant threat to on our assessment, we have no avian cholera, and avian influenza have the black-footed albatross in the information at this time to suggest that not been documented in north Pacific Japanese Islands DPS. albatrosses. West Nile virus is a possible predicted increases in ambient Predation temperature pose a significant threat to mosquito-borne disease that has had the Japanese Islands DPS of the black- dramatic effects on birds in North In the Japanese Islands DPS, rats are footed albatross. America, though it has not been documented from Torishima Island and detected in the central Pacific. A the Ogasawara Islands (Okochi et al. Summary of Factor A thorough search of the literature 2004, p. 1,466) and could occur on the Based on our assessment of the best indicated that the virulence of West Nile Senkaku Islands, although recent survey scientific and commercial data virus to black-footed albatrosses, or information is not available. The available, as summarized here and albatrosses of any species, has not been Ogasawara Islands and Torishima Island detailed in our rangewide assessment of tested. As stated above, within the together are home to approximately 5 Factor A, above (Summary of Factors breeding range of black-footed percent of the rangewide breeding Affecting the Species Throughout its albatrosses, mosquitoes currently are population and 98 percent of the Range), we conclude that the Japanese documented only on Midway Atoll and Japanese Islands population, which has Islands DPS of the black-footed albatross Lehua Island. For transmission to occur, been documented to be increasing is not threatened by the present or either an infected bird has to reach a despite the presence of rats (Cousins threatened destruction, or modification, breeding island with mosquito and Cooper 2000, p. 23; Hasegawa 2010, or curtailment of its habitat or range. populations, or a mosquito carrying the pers. comm.). This suggests that rat virus has to reach a breeding island. It predation is not a significant threat to Factor B. Overutilization for is highly unlikely, however, that an black-footed albatrosses breeding on Commercial, Recreational, Scientific, or infected bird or a mosquito from the these islands. Educational Purposes Hawaiian Islands would travel to the Our analysis of the potential threat We are not aware of any information Japanese Islands. We are unable to posed by shark predation is detailed indicating that overutilization of black- determine the extent and impact of West under the section titled Predation in our footed albatrosses for commercial, Nile virus on the black-footed albatross rangewide assessment of Factor C, recreational, scientific, or educational in the Japanese Islands due to the lack above. We have no additional purposes threaten the Japanese Islands of study and available information, but information unique to the Japanese

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Islands DPS of the black-footed and Mexico. We have no additional and heavy metal contaminants are albatross. Based on our evaluation, at information unique to the Japanese present in high levels in black-footed present we have no evidence to suggest Islands DPS of the black-footed albatrosses. In the Japanese Islands, that shark predation poses a significant albatross. levels of mercury in black-footed threat to the Japanese Islands DPS of the We are mindful of the potential albatross eggs from Torishima Island black-footed albatross. impacts that these fisheries could have were found to be higher than mercury In summary, based on our assessment on the Japanese Islands DPS of the levels documented for other seabirds of the best scientific and commercial black-footed albatross. Furthermore, we and were higher than documented data available, as summarized here and acknowledge that many of the current threshold levels for adverse effects in detailed in our rangewide assessment of protective agreements are voluntary in other bird species (Ikemoto et al. 2005, Factor C, above (Summary of Factors nature, and that bycatch mitigation p. 892). However, no negative impacts Affecting the Species Throughout its measures may be lacking in on the birds at Torishima were Range), we conclude the Japanese international fleets. Although existing observed. Lead levels in black-footed Islands DPS of the black-footed albatross regulatory mechanisms could be albatross chicks on Torishima Island is not threatened by disease or strengthened and broadened in scope, at were found to be below levels of lead- predation. this time the present status of the black- poisoned Laysan albatross chicks from footed albatross, with populations Factor D. The Inadequacy of Existing Midway Atoll in the central Pacific, and steadily increasing in the Japanese Regulatory Mechanisms no symptoms of lead poisoning, such as Islands (Figure 4, this document), droop-wing syndrome, were observed in To determine if the DPS is threatened indicates that the DPS is not endangered black-footed albatrosses (Ikemoto et al. as a result of the inadequacy of existing or threatened as a result of any 2005, p. 893). regulatory mechanisms, we reviewed inadequacy in regulatory mechanisms Kunisue et al. (2006, entire) studied existing international and U.S. respecting fisheries bycatch. dioxins and related compounds in conventions, agreements, and laws for black-footed and short-tailed albatrosses the specific protection of black-footed Summary of Factor D from Torishima Island and the Senkaku albatrosses or their marine and Based on our assessment of the best Islands. They found concentrations of terrestrial habitats in the countries scientific and commercial data dioxins were greater in black-footed where they forage, migrate, and breed. available, as summarized here and albatrosses than in short-tailed In our comprehensive evaluation of detailed in our rangewide assessment of albatrosses, and toxic equivalents of the Factor D under the rangewide threats Factor D, above (Summary of Factors eggs of both albatross species exceeded assessment for the black-footed Affecting the Species Throughout its the thresholds observed in some other albatross, above (Summary of Factors Range), we conclude that the Japanese species of wild birds (Kunisue et al. Affecting the Species Throughout its Islands DPS of the black-footed albatross 2006, pp. 6920, 6925). Although they Range), we discuss the protection status is not threatened by the inadequacy of note that sensitivity for biochemical of the black-footed albatross and its existing regulatory mechanisms to the effects varies widely between species marine and terrestrial habitat at extent that it is currently in danger of and the sensitivity of albatross for international, national, and regional extinction. dioxin-like effects is not known, they levels, followed by a discussion of also found some evidence of what they Factor E. Other Natural or Manmade international and national fisheries characterize as ‘‘potential dioxin-like Factors Affecting Its Continued regulations that are designed to reduce alterations’’ in the black-footed albatross and monitor seabird bycatch from Existence (Kunisue et al. 2006, p. 6925). Kunisue fisheries operations, and specifically In our discussion of Factor E under et al. (2006, p. 6925) suggested that toxic evaluate the threat posed to the Japanese the rangewide threats assessment for the equivalents in black-footed albatross Islands breeding population of the black-footed albatross, above (Summary eggs on Torishima exceed the toxicity species. of Factors Affecting the Species thresholds for some other avian Based on our review of the best Throughout its Range), we detail our embryos, but the sensitivity of black- available information, as detailed above evaluation of the potential threat posed footed albatrosses for dioxin-like toxic under Factor D in the section Summary by several sources of contamination, effects is not known, and embryo of Factors Affecting the Species including organochlorines (e.g., viability was not evaluated in this Throughout its Range, we conclude that polychlorinated biphenyls (PCBs), study. the Japanese Islands DPS of the black- dichloro-diphenyl trichloroethane In the Japanese Islands, populations footed albatross is not significantly (DDT)), ingestion of plastics, and oil of the black-footed albatross have been threatened by the Hawaii-based spills. We additionally evaluated the steadily increasing (Figure 4, this shallow-set longline fishery, the Alaska- potential threat posed to the black- document) despite the high levels of based demersal longline groundfish footed albatross by collisions with lead, mercury, and dioxins and related fishery, or the California, Oregon, and airplanes. Here we present only a brief compounds detected in eggs and chicks Washington groundfish, Pacific hake, summary of that evaluation and our there, and no adverse effects have been and pelagic longline fisheries at this conclusions as they pertain to the observed. Therefore, we cannot time or within the foreseeable future. Japanese Islands DPS of the black-footed conclude that these contaminants pose We cannot definitively determine the albatross, and incorporate by reference a significant threat to the species in the extent and quantify the impact of other the underlying analysis of each of these Japanese Islands, as we have no Alaska-based demersal longline threats. evidence that they are causing a fisheries; other (nonpelagic) longline decrease in the population. fisheries based in California, Oregon, Contaminants Based on our evaluation of the best and Washington; coastal purse seine As detailed under our evaluation of available scientific and commercial and troll fisheries based in the United Factor E in the section Summary of data, we conclude that organochlorides States; Canadian-based longline Factors Affecting the Species and heavy metals do not pose a fisheries; and longline fisheries based in Throughout its Range, above, we found significant threat to the Japanese Islands Japan, Taiwan, China, Korea, Russia, studies indicating that organochlorine DPS.

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Plastic Ingestion population of black-footed albatrosses following our 90-day petition finding Our evaluation of the threat posed by has been steadily increasing in the (72 FR 57278; October 9, 2007), and the plastic ingestion is detailed in our Japanese Islands, thus contaminants do second information solicitation period rangewide assessment of Factor E, above not appear to act as a limiting factor on (74 FR 43092; August 26, 2009), and we (Summary of Factors Affecting the this population. Therefore, we conclude consulted with recognized albatross Species Throughout its Range). We have that organochlorines and heavy metal experts and other Federal, State, and no data on plastic ingestion specific to contaminants are not significant threats local resource agencies related to black-footed albatrosses in the Japanese to the Japanese Islands DPS of the black- potential threats to the black-footed Islands DPS, but we have no reason to footed albatross. albatross and its marine and terrestrial assume that the effects in Japan would Like other seabirds, black-footed habitat. Such potential threats include: be any different from those observed in albatrosses ingest plastics while foraging historical habitat modification; effects other geographic areas; therefore, we and accidentally feed ingested plastics from climate change, including sea level based our evaluation on the best to their chicks. Investigations on the rise, changes in tropical storm frequency available information. Because we did effects of plastic ingestion in black- and intensity, changes in marine not find evidence that plastic ingestion footed albatrosses and Laysan productivity, and increases in ambient by black-footed albatrosses is a albatrosses indicated that ingestion of temperature; overutilization; disease significant source of mortality or plastics does not reduce body condition and predation; bycatch in fisheries; reduces body condition in the species, or survivorship in black-footed albatross contamination by PCBs and other we cannot conclude that plastic chicks, nor is there any evidence that it pollutants; plastic ingestion; oil spills; ingestion is a significant threat to the is a direct source of mortality in black- and collisions with aircraft. To Japanese Islands DPS of the black-footed footed albatrosses. Therefore, we determine whether these risk factors albatross. conclude that plastic ingestion is not a individually or collectively put the significant threat to the Japanese Islands Japanese Islands DPS in danger of Oil Pollution DPS of the black-footed albatross. extinction throughout its range, or are As detailed in our rangewide analysis Potential impacts from contamination likely to do so within the foreseeable of the black-footed albatross under from oil spills and future oil future, we first considered whether the Factor E, above (Summary of Factors development are not likely to be a threat factors were causing a population Affecting the Species Throughout its to the species’ nesting habitat in the decline, or were likely to do so in the Range), we do not consider oil spills to Japanese Islands because we have no future. pose a significant threat to the Japanese information to suggest that oil drilling We subjected all potential threats to Islands DPS, now or within the or development is occurring or is likely the black-footed albatross to a foreseeable future. We have no to occur in this area. However, black- comprehensive assessment under our information indicating that oil drilling footed albatrosses forage over vast areas rangewide evaluation of the species, takes place near the breeding grounds of of the ocean and could possibly above, in the section titled Summary of the Japanese Islands DPS of the black- encounter oil anywhere and, therefore, Threats Affecting the Species footed albatross. Based on our are vulnerable, both individually and in Throughout its Range. Since the species assessment, we conclude that oil spills small foraging groups, but likely not throughout its range is composed do not pose a significant threat to the population-wide. Accordingly, we do collectively of only two breeding Japanese Islands DPS of the black-footed not consider oil spill contamination to populations, that in the Hawaiian albatross. be a significant threat to the Japanese Islands and that in the Japanese Islands, Islands DPS of the black-footed our rangewide assessment included a Collisions with Aircraft albatross. full evaluation of the threats to each of We have no information to suggest As there is no air traffic in the areas these two breeding populations as well. that there are any runways or other air used by black-footed albatrosses for To avoid repetition in our assessment of traffic close to any of the breeding sites nesting in the Japanese Islands DPS and the Japanese Islands DPS, we utilized by black-footed albatross in the we do not anticipate any in the future, incorporate by reference the detailed Japanese Islands DPS. Thus, we we do not consider collisions with threats assessments conducted under conclude that collisions with aircraft are aircraft to pose a significant threat to the rangewide analysis, above, and we not a significant threat to the Japanese this DPS. present here only our conclusions for Islands DPS of the black-footed Based on our assessment of the best each of those threats specific to the albatross. scientific and commercial data Japanese Islands DPS of the black-footed available, as summarized here and albatross. Summary of Factor E detailed in our rangewide assessment of On the basis of our status review, and We found studies indicating that Factor E, above (Summary of Factors as summarized above under our organochlorine and heavy metal Affecting the Species Throughout its evaluation of each listing factor, we contaminants are present in high levels Range), we find that other natural or conclude that the listing of the Japanese in black-footed albatrosses, but there is manmade factors do not significantly Islands DPS of the black-footed albatross little research investigating the effects of threaten the black-footed albatross in is not warranted at this time. Our these compounds on black-footed the Japanese Islands DPS. standard for determining whether listing albatrosses. In the Japanese Islands, is warranted is whether a species black-footed albatrosses on Torishima Finding for the Japanese Islands DPS (including a DPS) is presently in danger Island and in the Ogasawara Islands We assessed the best available of extinction throughout all or a have been found to have levels of scientific and commercial information significant portion of its range mercury and other contaminants that regarding the threats facing the Japanese (endangered) or is likely to become an exceed the threshold for adverse effects Islands DPS of the black-footed endangered species within the in some other bird species, but the albatross. We reviewed numerous foreseeable future throughout all or a sensitivity level for black-footed information sources including literature significant portion of its range albatrosses is not known, and no cited in the petition, information in our (threatened). We acknowledge that the negative impacts were observed. The files, and information submitted to us black-footed albatross faces a variety of

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threats, and that some of these threats faces, it might be more efficient for us Laysan Island, and in 100 years there have had significant impacts on the to address either the ‘‘significant’’ would still be an estimated 3,850 pairs species in the past. However, our status question first, or the status question (USFWS 2011, unpublished data), review indicates that the black-footed first. Thus, if we determine that a assuming no changes in other albatross population in the Japanese portion of the range is not ‘‘significant,’’ conditions. We recognize that a more Islands has been steadily increasing we do not need to determine whether sophisticated population model capable over time and shows no sign of a the species is endangered or threatened of incorporating stochasticity and decline (Cousins and Cooper 2000, p. there; if we determine that the species changes in potential future conditions 23; Figure 4, this document). Therefore, is not endangered or threatened in a would be preferable, however, such a at this time our evaluation of the best portion of its range, we do not need to model is not available to us at this time. available scientific and commercial data determine if that portion is Therefore, we consider this to be the does not suggest that the threats acting ‘‘significant.’’ best information available to us for the on the species, either singly or in Applying the process described above purposes of the present determination. combination, are currently of such for determining whether a species is Furthermore, we acknowledge that such severity or magnitude as to place the threatened in a significant portion of its a continued decline is by no means a Japanese Islands DPS in danger of range, we considered the status question desired condition for conservation; extinction at the present time or within first to determine if any threats or however, for the purposes of the Act, it the foreseeable future. potential threats acting individually or does indicate that the population on collectively threaten or endanger the Significant Portion of the Range Laysan Island is not likely to become in species in a portion of its range. In danger of extinction within the Having determined that the black- analyzing the status of the black-footed foreseeable future. In addition, we footed albatross is not in danger of albatross across its range, the only area considered that Laysan Island is one of extinction or likely to become so within we identified where threats may be the breeding colonies that is least the foreseeable future throughout all of concentrated is the breeding colony on vulnerable to the effects of climate its range, in the Hawaiian Islands DPS, Laysan Island. Of all of the larger change. According to the study of Baker or in the Japanese Islands DPS, we next breeding colonies (the 2010 count on et al. 2006 (p. 7), the projected rise in consider whether there are any Laysan indicated 22,272 breeding pairs sea levels by the year 2100 will likely significant portions of the range where of black-footed albatross), only the result in a loss of only 5 percent of the the black-footed albatross is in danger of colony on Laysan currently exhibits a terrestrial area of Lisianki, which is extinction or is likely to become negative population trend, although the considered similar in size and elevation endangered in the foreseeable future. specific factors contributing to this to Laysan. Baker et al. (2006, p. 7) In determining whether a species is observed negative trend have not been threatened or endangered in a suggest that Laysan Island may persist identified. We therefore considered largely intact well into the next century, significant portion of its range, we first whether the threats to the breeding identify any portions of the range of the and that seabirds using this island for colony on Laysan are such that the nesting will likely suffer relatively species that warrant further species may be in danger of extinction consideration. The range of a species marginal losses due to sea level rise there, now or within the foreseeable during this time. As the best available can theoretically be divided into future, such that Laysan Island may portions in an infinite number of ways. information indicates that the breeding warrant further consideration as a colony of black-footed albatross on However, there is no purpose to potential significant portion of the Laysan Island is not likely to become in analyzing portions of the range that are range. danger of extinction within the not reasonably likely to be significant Although projections are that the and threatened or endangered. To global population is relatively secure foreseeable future, we conclude that identify only those portions that warrant under current conditions, the decline in Laysan Island does not warrant further further consideration, we determine the breeding colony at Laysan Island is consideration as a potential significant whether there is substantial information of potential concern. We therefore, portion of the range at this point in indicating that: (1) The portions may be considered the likely future condition of time. We did not identify any other significant, and (2) the species may be the colony on Laysan Island under the potential significant portions of the in danger of extinction there or likely to presently observed rates of population range of the black-footed albatross that become so within the foreseeable future. decrease. The trend on Laysan is may be threatened or endangered. In practice, a key part of this analysis is reported as decreasing by 1.1 percent a In Defenders of Wildlife v. Norton, whether the threats are geographically year by ACAP (2010, p. 7), and at an 258 F.3d 1136, 1145 (9th Cir. 2001), the concentrated in some way. If the threats average rate of 1.3 percent a year by court ruled that a species may be to the species are essentially uniform Arata et al. (2009, p. 41; CI–0.017 to endangered in a significant portion of its throughout its range, no portion is likely –0.0009). There is some variation range ‘‘if there are major geographical to warrant further consideration. around this trend, however; for areas in which it is no longer viable but Moreover, if any concentration of example, between 2009 and 2010 the once was.’’ Where the area in which the threats applies only to portions of the number of nesting black-footed species is expected to survive is ‘‘much species’ range that clearly would not albatrosses on Laysan actually increased smaller than its historical range,’’ the meet a biologically based definition of by over 3,000 pairs, from 19,088 to determination of whether the species significant, such portions will not 22,272 (Flint 2011a, pers. comm.). Using warrants listing turns on whether the warrant further consideration. a simple deterministic population lost portion of the range would be If we identify portions that warrant model, we determined that, under the significant. The best available further consideration, we then worst-case scenario of decline at a rate information indicates that the black- determine their status (i.e., whether in of 1.7 percent a year (the outer bound footed albatross was extirpated from fact the species is endangered or of the confidence limits yielded by the four small islands or atolls where it threatened in a significant portion of its models of Arata et al. (2009, p. 41), in historically nested near the turn of the range). Depending on the biology of the 50 years, nearly 9,500 breeding pairs of 20th century (Table 1), that it continues species, its range, and the threats it black-footed albatross would remain on to persist in viable nesting populations

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throughout the vast majority of its throughout all or a significant portion of References Cited known historical range, and that the its range. Although the black-footed species even appears to be in the albatross faced significant threats in the A complete list of all references cited process of actively expanding its current past, today all indications are that the herein is available on the Internet at nesting range to islands in the eastern black-footed albatross population is http://www.regulations.gov and upon Pacific. We conclude that the portion of stable or even slightly increasing request from the Pacific Islands Fish the range in which the species remains rangewide, in the Hawaiian Islands, and and Wildlife Office (see ADDRESSES). and is expected to persist is comparable in the Japanese Islands, and we have no Authors to the extent of its historical range and information indicating this status is has not been significantly diminished. likely to change within the foreseeable The primary authors of this notice are Therefore, we have determined that the future. Therefore, listing the black- staff members of the Pacific Islands Fish black-footed albatross is not endangered footed albatross as threatened or and Wildlife Office (see FOR FURTHER endangered under the Act is not or threatened in a significant portion of INFORMATION CONTACT). its range rangewide, in the Hawaiian warranted at this time. Islands DPS, or in the Japanese Islands We request that the public submit any Authority DPS. new information concerning the status of, or threats to, the black-footed The authority for this section is Conclusion of 12-Month Finding albatross to our Pacific Islands Fish and section 4 of the Endangered Species Act Our review of the information Wildlife Office (see ADDRESSES) of 1973, as amended (16 U.S.C. 1531 et pertaining to the five factors does not whenever it becomes available. New seq.). support the assertion that there are information will help us monitor the Dated: September 23, 2011. significant threats acting on the species black-footed albatross and encourage its or its habitat that rise to the level of conservation. If an emergency situation Gregory E. Siekaniec, causing the black-footed albatross to be develops for the black-footed albatross, Acting Director, Fish and Wildlife Service. in danger of extinction or likely to or any other species, we will act to [FR Doc. 2011–25469 Filed 10–6–11; 8:45 am] become so in the foreseeable future, provide immediate protection. BILLING CODE 4310–55–P

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Part III

State Justice Institute

Grant Guideline for FY 2012; Notice

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STATE JUSTICE INSTITUTE provided ready access to a fair and with, and serving the judicial branches effective system of justice; of state governments (42 U.S.C. Grant Guideline for FY 2012 • Foster coordination and 10705(b)(1)(B)). cooperation with the federal judiciary; C. National nonprofit organizations AGENCY: State Justice Institute. • Promote recognition of the for the education and training of judges ACTION: Notice. importance of the separation of powers and support personnel of the judicial doctrine to an independent judiciary; branch of state governments (42 U.S.C. SUMMARY: This Guideline sets forth the and 10705(b)(1)(C)). An applicant is administrative, programmatic, and • Encourage education for judges and considered a national education and financial requirements attendant to support personnel of state court systems training applicant under section Fiscal Year 2012 State Justice Institute through national and state 10705(b)(1)(C) if: grants, cooperative agreements, and organizations. 1. The principal purpose or activity of contracts. To accomplish these broad objectives, the applicant is to provide education DATES: October 7, 2011. SJI is authorized to provide funding to and training to state and local judges FOR FURTHER INFORMATION CONTACT: state courts, national organizations and court personnel; and Jonathan Mattiello, Executive Director, which support and are supported by 2. The applicant demonstrates a State Justice Institute, 11951 Freedom state courts, national judicial education record of substantial experience in the Drive, Suite 1020, Reston, VA 22314, organizations, and other organizations field of judicial education and training. D. Other eligible grant recipients (42 571–313–8843, that can assist in improving the quality U.S.C. 10705(b)(2)(A)–(D)). [email protected]. of justice in the state courts. SJI is supervised by a Board of Directors 1. Provided that the objectives of the SUPPLEMENTARY INFORMATION: Pursuant appointed by the President, with the project can be served better, the Institute to the State Justice Institute Act of 1984, advice and consent of the Senate. The is also authorized to make awards to: a. Nonprofit organizations with 42 U.S.C. 10701, et seq., as amended, SJI Board is statutorily composed of six expertise in judicial administration; is authorized to award grants, judges; a state court administrator; and cooperative agreements, and contracts to b. Institutions of higher education; four members of the public, no more c. Individuals, partnerships, firms, State and local courts, nonprofit than two can be of the same political organizations, and others for the corporations (for-profit organizations party. must waive their fees); and purpose of improving the quality of Through the award of grants, justice in the State courts of the United d. Private agencies with expertise in contracts, and cooperative agreements, judicial administration. States. SJI is authorized to perform the The following Grant Guideline is 2. SJI may also make awards to state following activities: or local agencies and institutions other adopted by the State Justice Institute for A. Support technical assistance, FY 2012. than courts for services that cannot be demonstrations, special projects, adequately provided through Table of Contents research and training to improve the nongovernmental arrangements (42 administration of justice in the state I. The Mission of the State Justice Institute U.S.C. 10705(b)(3)). courts; E. Inter-agency Agreements. SJI may II. Eligibility for Award B. Provide for the preparation, III. Scope of the Program enter into inter-agency agreements with IV. Grant Applications publication, and dissemination of federal agencies (42 U.S.C. 10705(b)(4)) V. Grant Application Review Procedures information regarding state judicial and private funders to support projects VI. Compliance Requirements systems; consistent with the purposes of the State VII. Financial Requirements C. Participate in joint projects with Justice Institute Act. VIII. Grant Adjustments federal agencies and other private • Appendix A Grant Application Forms grantors; III. Scope of the Program Æ Form A—Application and Application D. Evaluate or provide for the SJI is offering six types of grants in FY Instructions evaluation of programs and projects to Æ 2012: Project Grants, Technical Form B—Certificate of State Approval determine their impact upon the quality Assistance (TA) Grants, Curriculum and Instructions of criminal, civil, and juvenile justice Æ Form C—Project Budget and Instructions Adaptation and Training (CAT) Grants, Æ Form D—Assurances and the extent to which they have Partner Grants, Strategic Initiative Æ Disclosure of Lobbying Activities contributed to improving the quality of Grants and the Education Support Æ Form E—Disclosure of Lobbying justice in the state courts; Program (ESP). E. Encourage and assist in furthering Activities A. Project Grants • Appendix B Education Support Program judicial education; and (ESP) Application Forms (Forms ESP–1 F. Encourage, assist, and serve in a Project Grants are intended to support and ESP–2) consulting capacity to state and local innovative education and training, research and evaluation, demonstration, I. The Mission of the State Justice justice system agencies in the and technical assistance projects that Institute development, maintenance, and coordination of criminal, civil, and can improve the administration of SJI was established by State Justice juvenile justice programs and services. justice in state courts locally or Institute Authorization Act of 1984 (42 nationwide. Project Grants may U.S.C. 10701 et seq.) to improve the II. Eligibility for Award ordinarily not exceed $300,000. administration of justice in the state SJI is authorized by Congress to award Examples of expenses not covered by courts of the United States. Incorporated grants, cooperative agreements, and Project Grants include the salaries, in the State of Virginia as a private, contracts to the following entities and benefits, or travel of full- or part-time nonprofit corporation, SJI is charged, by types of organizations: court employees. Grant periods for statute, with the responsibility to: A. State and local courts and their Project Grants ordinarily may not • Direct a national program of agencies (42 U.S.C. 10705(b)(1)(A)). exceed 36 months. financial assistance designed to assure B. National nonprofit organizations Applicants for Project Grants will be that each citizen of the United States is controlled by, operating in conjunction required to contribute a cash match of

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not less than 50 percent of the total cost B. Technical Assistance (TA) Grants D. Partner Grants of the proposed project. In other words, Partner Grants are intended to allow grant awards by SJI must be matched at TA Grants are intended to provide state or local courts, or regional court SJI and federal, state, or local agencies least dollar for dollar by grant or foundations, trusts, or other private applicants. Applicants may contribute associations, with sufficient support to obtain expert assistance to diagnose a entities to combine financial resources the required cash match directly or in in pursuit of common interests. SJI and cooperation with third parties. problem, develop a response to that problem, and implement any needed its financial partners may set any level Prospective applicants should carefully for Partner Grants, subject to the entire review Section VI.8. (matching changes. TA Grants may not exceed $50,000. Examples of expenses not amount of the grant being available at requirements) and Section VI.16.a. (non- the time of the award. Grant periods for supplantation) of the Guideline prior to covered by TA Grants include the salaries, benefits, or travel of full- or Partner Grants ordinarily may not beginning the application process. If exceed 36 months. questions arise, applicants are strongly part-time court employees. Grant periods for TA Grants ordinarily may Partner Grants are subject to the same encouraged to consult SJI. cash match requirement as Project A temporary reduced cash match not exceed 24 months. In calculating Grants. In other words, grant awards by process is available for state courts project duration, applicants are SJI must be matched at least dollar-for- submitting Project Grant applications. cautioned to fully consider the time dollar. Partner Grants are coordinated The use of this cash match reduction required to issue a request for proposals, by the funding organizations. Partner authority is intended to help the state negotiate a contract with the selected Grant application procedures can be courts in this climate of severe budget provider, and execute the project. found in section IV.E. reductions. The process requires the Applicants for TA Grants will be state court to formally request a reduced required to contribute a total match of E. Strategic Initiatives Grants cash match, and that the request be not less than 50 percent of the grant The Strategic Initiatives Grants (SIG) certified by the chief justice of that state. amount requested, of which 20 percent program provides SJI with the flexibility The state court must explain in detail must be cash. In other words, an to address national court issues as they how it is facing budgetary cutbacks that applicant seeking a $50,000 TA grant occur, and develop solutions to those will result in significant reductions in must provide a $25,000 match, of which problems. This is an innovative other services, and why it will be unable up to $20,000 can be in-kind and not approach where SJI uses its expertise to undertake the project without a cash less than $5,000 must be cash. TA Grant and the expertise and knowledge of its match reduction. This must be application procedures can be found in grantees to address key issues facing described in detail in the application section IV.B. state courts across the United States. and verified by the chief justice of that The funding is used for grants or state. Only state courts may apply for a C. Curriculum Adaptation and Training (CAT) Grants contractual services, and any remaining cash match reduction. balance not used for the SIG program Applicants should examine their CAT Grants are intended to: (1) will become available for SJI’s other projected project costs closely, and if Enable courts and regional or national grant programs. The program is handled they are unable to cover half the costs court associations to modify and adapt at the discretion of the SJI Board of of the project, they may apply for a model curricula, course modules, or Directors and staff outside the normal reduction in cash match. Applicants are conference programs to meet states’ or grant application process (i.e., SJI will strongly encouraged to provide as much local jurisdictions’ educational needs; initiate the project) and there is no cash cash match as possible in their train instructors to present portions or application, as some cash match match requirement. all of the curricula; and pilot-test them contribution is still required. F. Education Support Program (ESP) for to determine their appropriateness, Applicants are also encouraged to Judges and Court Managers provide the percentage of budget quality, and effectiveness, or (2) conduct The new Education Support Program reductions in their court(s), and the judicial branch education and training (ESP), formally the Scholarship measures that have been taken by the programs, led by either expert or in- Program, is intended to enhance the jurisdiction/state to handle the budget house personnel, designed to prepare skills, knowledge, and abilities of state shortfalls. This may include staff judges and court personnel for court judges and court managers by reductions, as well as reductions in innovations, reforms, and/or new services and programs. Some cash technologies recently adopted by enabling them to attend out-of-state, or contribution is still required for Project grantee courts. CAT Grants may not to enroll in online, educational and Grants, and should be reflected in the exceed $30,000. Examples of expenses training programs sponsored by national budget proposal for the project. For not covered by CAT Grants include the and state providers that they could not example, if the total cost of the salaries, benefits, or travel of full- or otherwise attend or take online because proposed project is $100,000, the part-time court employees. Grant of limited state, local, and personal normal cash match would be $50,000. periods for CAT Grants ordinarily may budgets. An ESP award only covers the However, if the applicant is unable to not exceed 12 months. cost of tuition up to a maximum of provide $50,000 for the activities, but is Applicants for CAT Grants will be $1,000 per award. ESP application able to contribute $25,000, the budget required to contribute a match of not procedures can be found in section should show the request to SJI totaling less than 50 percent of the grant amount IV.D. $75,000, with the cash match of requested, of which 20 percent must be IV. Grant Applications $25,000. cash. In other words, an applicant As set forth in Section I., SJI is seeking a $30,000 CAT grant must A. Project Grants authorized to fund projects addressing a provide a $15,000 match, of which up An application for a Project Grant broad range of program areas. Funding to $12,000 can be in-kind and not less must include an application form; will not be made available for the than $3,000 must be cash. CAT Grant budget forms (with appropriate ordinary, routine operations of court application procedures can be found in documentation); a project abstract and systems. section IV.C. program narrative; a disclosure of

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lobbying form, when applicable; and 2. Project Abstract (a) For research and evaluation certain certifications and assurances The abstract should highlight the projects, the applicant should include (see below). See Appendix B for the purposes, goals, methods, and the data sources, data collection Project Grant application forms. anticipated benefits of the proposed strategies, variables to be examined, and analytic procedures to be used for 1. Forms project. It should not exceed 1 single- 1 conducting the research or evaluation spaced page on 8 ⁄2 by 11 inch paper. a. Application Form (Form A) and ensuring the validity and general The application form requests basic 3. Program Narrative applicability of the results. For projects information regarding the proposed The program narrative for an involving human subjects, the project, the applicant, and the total application may not exceed 25 double- discussion of methods should address amount of funding requested from SJI. It spaced pages on 81⁄2 by 11 inch paper. the procedures for obtaining also requires the signature of an Margins must be at least 1 inch, and respondents’ informed consent, individual authorized to certify on type size must be at least 12-point and ensuring the respondents’ privacy and behalf of the applicant that the 12 cpi. The pages should be numbered. freedom from risk or harm, and information contained in the This page limit does not include the protecting others who are not the application is true and complete; that forms, the abstract, the budget narrative, subjects of research but would be submission of the application has been and any appendices containing resumes affected by the research. If the potential authorized by the applicant; and that if and letters of cooperation or exists for risk or harm to human funding for the proposed project is endorsement. Additional background subjects, a discussion should be approved, the applicant will comply material should be attached only if it is included that explains the value of the with the requirements and conditions of essential to impart a clear proposed research and the methods to the award, including the assurances set understanding of the proposed project. be used to minimize or eliminate such forth in Form D. Numerous and lengthy appendices are risk. strongly discouraged. (b) For education and training b. Certificate of State Approval (Form B) The program narrative should address projects, the applicant should include An application from a state or local the following topics: the adult education techniques to be court must include a copy of Form B used in designing and presenting the a. Project Objectives signed by the state’s chief justice or state program, including the teaching/ court administrator. The signature The applicant should include a clear, learning objectives of the educational denotes that the proposed project has concise statement of what the proposed design, the teaching methods to be used, been approved by the state’s highest project is intended to accomplish. In and the opportunities for structured court or the agency or council it has stating the objectives of the project, interaction among the participants; how designated. It denotes further that, if applicants should focus on the overall faculty would be recruited, selected, applicable, a cash match reduction has programmatic objective (e.g., to enhance and trained; the proposed number and been requested, and that if SJI approves understanding and skills regarding a length of the conferences, courses, funding for the project, the court or the specific subject, or to determine how a seminars, or workshops to be conducted specified designee will receive, certain procedure affects the court and and the estimated number of persons administer, and be accountable for the litigants) rather than on operational who would attend them; the materials to awarded funds. objectives (e.g., provide training for 32 be provided and how they would be judges and court managers, or review developed; and the cost to participants. c. Budget Form (Form C) data from 300 cases). (c) For demonstration projects, the Applicants must submit a Form C. In applicant should include the b. Need for the Project addition, applicants must provide a demonstration sites and the reasons detailed budget narrative providing an If the project is to be conducted in any they were selected, or if the sites have explanation of the basis for the specific location(s), the applicant not been chosen, how they would be estimates in each budget category (see should discuss the particular needs of identified and their cooperation subsection A.4. below). the project site(s) to be addressed by the obtained; and how the program or If funds from other sources are project and why those needs are not procedures would be implemented and required to conduct the project, either as being met through the use of existing monitored. match or to support other aspects of the programs, procedures, services, or other (d) For technical assistance projects, project, the source, current status of the resources. the applicant should explain the types request, and anticipated decision date If the project is not site-specific, the of assistance that would be provided; must be provided. applicant should discuss the problems the particular issues and problems for that the proposed project would which assistance would be provided; d. Assurances (Form D) address, and why existing programs, the type of assistance determined; how This form lists the statutory, procedures, services, or other resources suitable providers would be selected regulatory, and policy requirements cannot adequately resolve those and briefed; and how reports would be with which recipients of Institute funds problems. The discussion should reviewed. must comply. include specific references to the (2) Evaluation. Projects should relevant literature and to the experience include an evaluation plan to determine e. Disclosure of Lobbying Activities in the field. whether the project met its objectives. Applicants other than units of state or The evaluation should be designed to local government are required to c. Tasks, Methods and Evaluations provide an objective and independent disclose whether they, or another entity (1) Tasks and Methods. The applicant assessment of the effectiveness or that is part of the same organization as should delineate the tasks to be usefulness of the training or services the applicant, have advocated a position performed in achieving the project provided; the impact of the procedures, before Congress on any issue, and to objectives and the methods to be used technology, or services tested; or the identify the specific subjects of their for accomplishing each task. For validity and applicability of the research lobbying efforts (see section VI.A.7.). example: conducted. The evaluation plan should

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be appropriate to the type of project the grant would be offered to the court paragraph based on the example proposed. community and the public at large (i.e., provided in section VI.A.11.a.2. in the whether products would be distributed Grant Guideline. The ‘‘SJI’’ logo must d. Project Management at no cost to recipients, or if costs are appear on the front cover of a written The applicant should present a involved, the reason for charging product, or in the opening frames of a detailed management plan, including recipients and the estimated price of the Web site or other multimedia product, the starting and completion date for product) (see section VI.A.11.b.). unless SJI approves another placement. each task; the time commitments to the Ordinarily, applicants should schedule The SJI logo can be downloaded from project of key staff and their all product preparation and distribution SJI’s Web site: http://www.sji.gov. responsibilities regarding each project activities within the project period. task; and the procedures that would Applicants proposing to develop f. Applicant Status ensure that all tasks are performed on Web-based products should provide for An applicant that is not a state or time, within budget, and at the highest sending a notice and description of the local court and has not received a grant level of quality. In preparing the project document to the appropriate audiences from SJI within the past three years time line, Gantt Chart, or schedule, to alert them to the availability of the should indicate whether it is either a applicants should make certain that all Web site or electronic product (i.e., a national non-profit organization project activities, including publication written report with a reference to the controlled by, operating in conjunction or reproduction of project products and Web site). with, and serving the judicial branches their initial dissemination, would occur Three (3) copies of all project of state governments, or a national non- within the proposed project period. The products should be submitted to SJI, profit organization for the education and management plan must also provide for along with an electronic version in training of state court judges and the submission of Quarterly Progress HTML or PDF format. Discussions of support personnel (see section II). If the and Financial Reports within 30 days final product dissemination should be applicant is a non-judicial unit of after the close of each calendar quarter conducted with SJI prior to the end of federal, state, or local government, it (i.e., no later than January 30, April 30, the grant period. must explain whether the proposed July 30, and October 30), per section (2) Types of Products. The type of services could be adequately provided VI.A.13. product to be prepared depends on the by non-governmental entities. Applicants should be aware that SJI is nature of the project. For example, in unlikely to approve a limited extension most instances, the products of a g. Staff Capability of the grant period without strong research, evaluation, or demonstration The applicant should include a justification. Therefore, the management project should include an article summary of the training and experience plan should be as realistic as possible summarizing the project findings that is of the key staff members and and fully reflect the time commitments publishable in a journal serving the consultants that qualify them for of the proposed project staff and courts community nationally, an conducting and managing the proposed consultants. executive summary that would be project. Resumes of identified staff disseminated to the project’s primary e. Products should be attached to the application. If audience, or both. Applicants proposing one or more key staff members and The program narrative in the to conduct empirical research or consultants are not known at the time of application should contain a description evaluation projects with national import the application, a description of the of the product(s) to be developed (e.g., should describe how they would make criteria that would be used to select training curricula and materials, Web their data available for secondary persons for these positions should be sites or other electronic multimedia, analysis after the grant period (see included. The applicant also should articles, guidelines, manuals, reports, section VI.A.14.a.). identify the person who would be handbooks, benchbooks, or books), The curricula and other products responsible for managing and reporting including when they would be developed through education and on the financial aspects of the proposed submitted to SJI. The budget should training projects should be designed for project. include the cost of producing and use by others and again by the original disseminating the product to the state participants in the course of their h. Organizational Capacity chief justice, state court administrator, duties. Applicants that have not received a and other appropriate judges or court (3) SJI Review. Applicants must grant from SJI within the past three personnel. If final products involve submit a final draft of all written grant years should include a statement electronic formats, the applicant should products to SJI for review and approval describing their capacity to administer indicate how the product would be at least 30 days before the products are grant funds, including the financial made available to other courts. submitted for publication or systems used to monitor project Discussion of this dissemination process reproduction. For products in Web site expenditures (and income, if any), and should occur between the grantee and or multimedia format, applicants must a summary of their past experience in SJI prior to the final selection of the provide for SJI review of the product at administering grants, as well as any dissemination process to be used. the treatment, script, rough-cut, and resources or capabilities that they have (1) Dissemination Plan. The final stages of development, or their that would particularly assist in the application must explain how and to equivalents. No grant funds may be successful completion of the project. whom the products would be obligated for publication or Unless requested otherwise, an disseminated; describe how they would reproduction of a final grant product applicant that has received a grant from benefit the state courts, including how without the written approval of SJI (see SJI within the past three years should they could be used by judges and court section VI.A.11.f.). describe only the changes in its personnel; identify development, (4) Acknowledgment, Disclaimer, and organizational capacity, tax status, or production, and dissemination costs Logo. Applicants must also include in financial capability that may affect its covered by the project budget; and all project products a prominent capacity to administer a grant. present the basis on which products and acknowledgment that support was If the applicant is a non-profit services developed or provided under received from SJI and a disclaimer organization (other than a university), it

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must also provide documentation of its a. Justification of Personnel e. Equipment Compensation 501(c) tax-exempt status as determined Grant funds may be used to purchase by the Internal Revenue Service and a The applicant should set forth the only the equipment necessary to copy of a current certified audit report. percentages of time to be devoted by the demonstrate a new technological For purposes of this requirement, individuals who would staff the application in a court or that is ‘‘current’’ means no earlier than two proposed project, the annual salary of otherwise essential to accomplishing the years prior to the present calendar year. each of those persons, and the number objectives of the project. In other words, If a current audit report is not of work days per year used for grant funds cannot be used strictly for available, SJI will require the calculating the percentages of time or the purpose of purchasing equipment. organization to complete a financial daily rates of those individuals. The Equipment purchases to support basic capability questionnaire, which must be applicant should explain any deviations court operations ordinarily will not be signed by a certified public accountant. from current rates or established written approved. The applicant should Other applicants may be required to organizational policies. No grant funds describe the equipment to be purchased provide a current audit report, a or cash match may be used to pay the or leased and explain why the financial capability questionnaire, or salary and related costs for a current or acquisition of that equipment is both, if specifically requested to do so new employee of a court or other unit essential to accomplish the project’s by the Institute. of government because such funds goals and objectives. The narrative i. Statement of Lobbying Activities would constitute a supplantation of should clearly identify which state or local funds in violation of 42 Non-governmental applicants must equipment is to be leased and which is U.S.C. 10706(d)(1); this includes new to be purchased. The method of submit SJI’s Disclosure of Lobbying employees hired specifically for the Activities Form, which documents procurement should also be described. project. The salary and any related costs Purchases of automated data processing whether they, or another entity that is for a current or new employee of a court a part of the same organization as the equipment must comply with section or other unit of government may only be VII.I.2.b. applicant, have advocated a position accepted as in-kind match. before Congress on any issue, and f. Supplies identifies the specific subjects of their b. Fringe Benefit Computation The applicant should provide a lobbying efforts (see Appendix A). For non-governmental entities, the general description of the supplies applicant should provide a description j. Letters of Cooperation or Support necessary to accomplish the goals and of the fringe benefits provided to objectives of the grant. In addition, the If the cooperation of courts, employees. If percentages are used, the applicant should provide the basis for organizations, agencies, or individuals authority for such use should be other than the applicant is required to presented, as well as a description of the the amount requested for this conduct the project, the applicant elements included in the determination expenditure category. should attach written assurances of of the percentage rate. g. Construction cooperation and availability to the application, or send them under c. Consultant/Contractual Services and Construction expenses are prohibited separate cover. Letters of general Honoraria except for the limited purposes set forth support for a project are also The applicant should describe the in section VI.A.16.b. Any allowable encouraged. tasks each consultant would perform, construction or renovation expense the estimated total amount to be paid to should be described in detail in the 4. Budget Narrative each consultant, the basis for budget narrative. In addition to Project Grant compensation rates (e.g., the number of h. Telephone applications, the following section also days multiplied by the daily consultant applies to Technical Assistance and rates), and the method for selection. Applicants should include Curriculum Adaptation and Training Rates for consultant services must be set anticipated telephone charges, grant applications. in accordance with section VII.I.2.c. distinguishing between monthly charges The budget narrative should provide Prior written SJI approval is required for and long distance charges in the budget the basis for the computation of all any consultant rate in excess of $800 per narrative. Also, applicants should project-related costs. When the day; SJI funds may not be used to pay provide the basis used to calculate the proposed project would be partially a consultant more than $1,100 per day. monthly and long distance estimates. supported by grants from other funding Honorarium payments must be justified i. Postage sources, applicants should make clear in the same manner as consultant what costs would be covered by those payments. Anticipated postage costs for project- other grants. Additional background related mailings, including distribution information or schedules may be d. Travel of the final product(s), should be attached if they are essential to Transportation costs and per diem described in the budget narrative. The obtaining a clear understanding of the rates must comply with the policies of cost of special mailings, such as for a proposed budget. Numerous and the applicant organization. If the survey or for announcing a workshop, lengthy appendices are strongly applicant does not have an established should be distinguished from routine discouraged. travel policy, then travel rates must be operational mailing costs. The bases for The budget narrative should cover the consistent with those established by the all postage estimates should be included costs of all components of the project Federal government. The budget in the budget narrative. and clearly identify costs attributable to narrative should include an explanation j. Printing/Photocopying the project evaluation. Under OMB of the rate used, including the grant guidelines incorporated by components of the per diem rate and the Anticipated costs for printing or reference in this Grant Guideline, grant basis for the estimated transportation photocopying project documents, funds may not be used to purchase expenses. The purpose of the travel reports, and publications should be alcoholic beverages. should also be included in the narrative. included in the budget narrative, along

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with the bases used to calculate these Format.’’ Letters from regional court 3. Budget and Matching State estimates. associations must be signed by the Contribution president of the association. k. Indirect Costs Applicants must follow the same 2. Application Format guidelines provided under Section Indirect costs are only applicable to IV.A.4. A completed Form C ‘‘Project organizations that are not state courts or Although there is no prescribed form for the letter, or a minimum or Budget, Tabular Format’’ and budget government agencies. Recoverable narrative must be included with the indirect costs are limited to no more maximum page limit, letters of application should include the letter requesting technical assistance. than 75 percent of a grantee’s direct The budget narrative should provide personnel costs, i.e. salaries plus fringe following information: a. Need for Funding. What is the the basis for all project-related costs, benefits (see section VII.I.4.). including the basis for determining the Applicants should describe the critical need facing the applicant? How would the proposed technical assistance estimated consultant costs, if indirect cost rates applicable to the compensation of the consultant is grant in detail. If costs often included help the applicant meet this critical need? Why are state or local resources required (e.g., the number of days per within an indirect cost rate are charged task times the requested daily directly (e.g., a percentage of the time of not sufficient to fully support the costs of the required consultant services? consultant rate). Applicants should be senior managers to supervise project aware that consultant rates above $800 activities), the applicant should specify b. Project Description. What tasks would the consultant be expected to per day must be approved in advance by that these costs are not included within SJI, and that no consultant will be paid its approved indirect cost rate. These perform, and how would they be accomplished? Which organization or more than $1,100 per day from SJI rates must be established in accordance funds. In addition, the budget should with section VII.I.4. If the applicant has individual would be hired to provide the assistance, and how was this provide for submission of two copies of an indirect cost rate or allocation plan the consultant’s final report to the SJI. approved by any federal granting consultant selected? If a consultant has not yet been identified, what procedures Recipients of TA Grants do not have agency, a copy of the approved rate and criteria would be used to select the to submit an audit report but must agreement must be attached to the consultant (applicants are expected to maintain appropriate documentation to application. follow their jurisdictions’ normal support expenditures (see section 5. Submission Requirements procedures for procuring consultant VI.A.3.). a. Every applicant must submit an services)? What specific tasks would the 4. Submission Requirements original and three copies of the consultant(s) and court staff undertake? What is the schedule for completion of Letters of application should be application package consisting of Form submitted according to the grant A; Form B, if the application is from a each required task and the entire project? How would the applicant deadlines provided on the SJI Web site. state or local court, or a Disclosure of If the support or cooperation of Lobbying Form (Form E), if the oversee the project and provide guidance to the consultant, and who at agencies, funding bodies, organizations, applicant is not a unit of state or local or courts other than the applicant would government; Form C; the Application the court or regional court association would be responsible for coordinating be needed in order for the consultant to Abstract; the Program Narrative; the perform the required tasks, written Budget Narrative; and any necessary all project tasks and submitting quarterly progress and financial status assurances of such support or appendices. cooperation should accompany the Letters of application may be reports? If the consultant has been identified, application letter. Letters of general submitted at any time. However, the applicant should provide a letter support for the project are also applicants are encouraged to review the from that individual or organization encouraged. Support letters also may be grant deadlines available on the SJI Web documenting interest in and availability submitted under separate cover; site. Receipt of each application will be for the project, as well as the however, to ensure that there is acknowledged by letter or e-mail. consultant’s ability to complete the sufficient time to bring them to the b. Applicants submitting more than assignment within the proposed time attention of the Institute’s Board of one application may include material frame and for the proposed cost. The Directors, letters sent under separate that would be identical in each consultant must agree to submit a cover should be received by the same application in a cover letter. This detailed written report to the court and date as the technical assistance request material will be incorporated by SJI upon completion of the technical being supported. reference into each application and assistance. counted against the 25-page limit for the C. Curriculum Adaptation and Training c. Likelihood of Implementation. (CAT) Grants program narrative. A copy of the cover What steps have been or would be taken letter should be attached to each copy to facilitate implementation of the 1. Application Procedures of the application. consultant’s recommendations upon In lieu of formal applications, B. Technical Assistance (TA) Grants completion of the technical assistance? applicants should submit an original For example, if the support or and three photocopies of a detailed 1. Application Procedures cooperation of specific court officials or letter as well as a Form A, ‘‘State Justice Applicants for TA Grants may submit committees, other agencies, funding Institute Application;’’ Form B, an original and three copies of a bodies, organizations, or a court other ‘‘Certificate of State Approval;’’ and detailed letter describing the proposed than the applicant would be needed to Form C, ‘‘Project Budget, Tabular project, as well as a Form A, ‘‘State adopt the changes recommended by the Format’’ (see Appendices). Justice Institute Application’’ (see consultant and approved by the court, Appendix B) and Form B, Certificate of how would they be involved in the 2. Application Format State Approval from the State Supreme review of the recommendations and Although there is no prescribed Court, or its designated agency and development of the implementation format for the letter, or a minimum or Form C, ‘‘Project Budget in Tabular plan? maximum page limit, letters of

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application should include the individual would be hired, if in-house application procedures, grant cycles, or following information. personnel are not the trainers, to grant requirements to expedite the a. For adaptation of a curriculum: provide the training, and how was the award of jointly-funded grants targeted (1) Project Description. What is the trainer selected? If a trainer has not yet at emerging or high priority problems title of the model curriculum to be been identified, what procedures and confronting state and local courts. SJI adapted and who originally developed criteria would be used to select the may solicit brief proposals from it? Why is this education program trainer? What specific tasks would the potential grantees to fellow financial needed at the present time? What are trainer and court staff or regional court partners as a first step. Should SJI be the project’s goals? What are the association members undertake? What chosen as the lead grant manager, learning objectives of the adapted presentation methods will be used? Project Grant application procedures curriculum? What program components What is the schedule for completion of will apply to the proposed Partner would be implemented, and what types each required task and the entire Grant. As with Project Grants, Partner of modifications, if any, are anticipated project? How will the applicant oversee Grants will be targeted at initiatives in length, format, learning objectives, the project and provide guidance to the likely to have a significant national teaching methods, or content? Who trainer, and who at the court or impact. would be responsible for adapting the affiliated with the regional court E. Education Support Program (ESP) model curriculum? Who would the association would be responsible for participants be, how many would there coordinating all project tasks and 1. Limitations be, how would they be recruited, and submitting quarterly progress and from where would they come (e.g., from Applicants may not receive more than financial status reports? one ESP award in a two-year period a single local jurisdiction, from across If the trainer has been identified, the unless the course specifically assumes the state, from a multi-state region, from applicant should provide a letter from multi-year participation, or the course is across the nation)? that individual or organization part of a graduate degree program in (2) Need for Funding. Why are documenting interest in and availability judicial studies in which the applicant sufficient state or local resources for the project, as well as the trainer’s is currently enrolled (neither exception unavailable to fully support the ability to complete the assignment should be taken as a commitment on the modification and presentation of the within the proposed time frame and for part of SJI’s Board of Directors to model curriculum? What is the potential the proposed cost. for replicating or integrating the adapted (3) Likelihood of Implementation. approve serial ESP awards). Attendance curriculum in the future using state or What steps have been or will be taken at annual or mid-year meetings or local funds, once it has been to coordinate the implementation of the conferences of a state or national successfully adapted and tested? new reform, initiative, and the training organization does not qualify as an out- (3) Likelihood of Implementation. to support the same? For example, if the of-state educational program for the What is the proposed timeline, support or cooperation of specific court ESP, even though it may include including the project start and end or regional court association officials or workshops or other training sessions. The ESP only covers the cost of dates? On what date(s) would the committees, other agencies, funding tuition up to a maximum of $1,000 per judicial branch education program be bodies, organizations, or a court other award. Awards will be made for the presented? What process would be used than the applicant would be needed to exact amount requested for tuition. to modify and present the program? adopt the reform and initiate the Funds to pay tuition in excess of $1,000, Who would serve as faculty, and how training proposed, how would they be and other cost of attending the program were they selected? What measures involved in the review of the such as travel, lodging, transportation, would be taken to facilitate subsequent recommendations and development of meals, materials, transportation to and presentations of the program? the implementation plan? Ordinarily, an independent evaluation from airports (including rental cars) of a curriculum adaptation project is not 3. Budget and Matching State must be obtained from other sources or required; however, the results of any Contribution borne by the ESP award recipient. evaluation should be included in the Applicants must also follow the same Applicants are encouraged to check final report. guidelines provided under Section other sources of financial assistance and (4) Expressions of Interest by Judges IV.A.4. Applicants should attach a copy to combine aid from various sources and/or Court Personnel. Does the of budget Form C and a budget narrative whenever possible. An ESP award is not proposed program have the support of (see subsection A.4. above) that transferable to another individual. It the court system or association describes the basis for the computation may be used only for the course leadership, and of judges, court of all project-related costs and the specified in the application unless the managers, and judicial branch education source of the match offered. applicant’s request to attend a different personnel who are expected to attend? course that meets the eligibility Applicants may demonstrate this by 4. Submission Requirements requirements is approved in writing by attaching letters of support. For curriculum adaptation requests, SJI. b. For training assistance: applicants should allow at least 90 days 2. Eligibility Requirements (1) Need for Funding. What is the between the Board meeting and the date court reform or initiative prompting the of the proposed program to allow a. Recipients. Because of the limited need for training? How would the sufficient time for needed planning. amount of funding available, only full- proposed training help the applicant Letters of support for the project are also time judges of state or local trial and implement planned changes at the encouraged. Applicants are encouraged appellate courts; full-time professional, court? Why are state or local resources to call SJI to discuss concerns about state, or local court personnel with not sufficient to fully support the costs timing of submissions. management and supervisory of the required training? responsibilities; and supervisory and (2) Project Description. What tasks D. Partner Grants management probation personnel in would the trainer(s) be expected to SJI and its funding partners may judicial branch probation offices are perform? Which organization or meld, pick and choose, or waive their eligible for the program. Senior judges,

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part-time judges, quasi-judicial hearing August 1. These are not mailing appropriations available to SJI in the officers including referees and deadlines. The applications must be current year and the amount expected to commissioners, administrative law received by SJI on or before each of be available in succeeding fiscal years. judges, staff attorneys, law clerks, line these dates. No exceptions or extensions 2. Technical Assistance (TA) Grant staff, law enforcement officers, and will be granted. All the required items Applications other executive branch personnel are must be received for an application to not eligible. be considered. If the Concurrence form TA Grant applications will be rated b. Courses. An ESP award is only for: or letter of support is sent separately on the basis of the following criteria: (1) A course presented in a state other from the application, the postmark date a. Whether the assistance would than the one in which the applicant of the last item sent will be used in address a critical need of the applicant; resides or works, or (2) an online course. determining the review date. All b. The soundness of the technical The course must be designed to enhance applications should be sent by mail or assistance approach to the problem; the skills of new or experienced judges courier (not fax or e-mail). c. The qualifications of the and court managers; or be offered by a consultant(s) to be hired or the specific recognized graduate program for judges V. Application Review Procedures criteria that will be used to select the or court managers. A. Preliminary Inquiries consultant(s); Applicants are encouraged not to wait d. The commitment of the court or for the decision on an ESP applicaiton SJI staff will answer inquiries association to act on the consultant’s to register for an educational program concerning application procedures. recommendations; and, they wish to attend. SJI does not submit B. Selection Criteria e. The reasonableness of the proposed the names of ESP award recipients to budget. educational organizations, nor provide 1. Project Grant Applications SJI also will consider factors such as the funds to the educational a. Project Grant applications will be the level and nature of the match that organization. ESP funds are provided as rated on the basis of the criteria set forth would be provided, diversity of subject reimbursements directly to the below. SJI will accord the greatest matter, geographic diversity, the level of recipient. weight to the following criteria: appropriations available to SJI in the (1) The soundness of the current year, and the amount expected 3. Forms methodology; to be available in succeeding fiscal a. Education Support Program (2) The demonstration of need for the years. Application—Form ESP–1 (Appendix project; B). The application requests basic (3) The appropriateness of the 3. Curriculum Adaptation and Training information about the applicant and the proposed evaluation design; (CAT) Grant Applications educational program the applicant (4) If applicable, the key findings and CAT Grant applications will be rated would like to attend. It also addresses recommendations of the most recent on the basis of the following criteria: the applicant’s commitment to share the evaluation and the proposed responses a. For curriculum adaptation projects: skills and knowledge gained with state to those findings and recommendations; (1) The goals and objectives of the and local court colleagues. The (5) The applicant’s management plan proposed project; application must bear the original and organizational capabilities; (2) The need for outside funding to signature of the applicant. Faxed or (6) The qualifications of the project’s support the program; photocopied signatures will not be staff; (3) The appropriateness of the accepted. Please be sure to indicate (7) The products and benefits approach in achieving the project’s whether the state will be providing resulting from the project, including the educational objectives; funds for the project and, if so, how extent to which the project will have (4) The likelihood of effective much. SJI will not supplant state funds long-term benefits for state courts across implementation and integration of the with these awards. the nation; modified curriculum into ongoing b. Education Support Program (8) The degree to which the findings, educational programming; and, Concurrence—Form ESP–2 (Appendix procedures, training, technology, or (5) Expressions of interest by the B). Judges and court managers applying other results of the project can be judges and/or court personnel who for the program must submit the original transferred to other jurisdictions; would be directly involved in or written concurrence of the chief justice (9) The reasonableness of the affected by the project. of the state’s supreme court (or the chief proposed budget; and, b. For training assistance: justice’s designee) on Form ESP–2 (see (10) The demonstration of cooperation (1) Whether the training would Appendix B). The signature of the and support of other agencies that may address a critical need of the court or presiding judge of the applicant’s court be affected by the project. association; may not be substituted for that of the b. In determining which projects to (2) The soundness of the training state’s chief justice or the chief justice’s support, SJI will also consider whether approach to the problem; designee. The chief justice or state court the applicant is a state court, a national (3) The qualifications of the trainer(s) administrator must notify SJI of the court support or education organization, to be hired or the specific criteria that designees within the state for ESP a non-court unit of government, or other will be used to select the trainer(s); purposes. type of entity eligible to receive grants (4) The commitment of the court or under SJI’s enabling legislation (see association to the training program; and 4. Submission Requirements section II.); the availability of financial (5) The reasonableness of the Applications may be submitted at any assistance from other sources for the proposed budget. time but will be reviewed on a quarterly project; the amount of the applicant’s SJI will also consider factors such as basis. This means ESP awards will be on match; the extent to which the proposed the reasonableness of the amount a ‘‘first-come, first-considered’’ basis. project would also benefit the Federal requested; compliance with match The dates for applications to be received courts or help State courts enforce requirements; diversity of subject by SJI for consideration in FY 2011 are federal constitutional and legislative matter, geographic diversity; the level of November 1, February 1, May 1, and requirements; and the level of appropriations available in the current

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year; and the amount expected to be 2. Technical Assistance (TA) and after notification, the approval may be available in succeeding fiscal years. Curriculum Adaptation and Training rescinded and the application presented (CAT) Grant Applications to the Board for reconsideration. In the 4. Partner Grants Staff will prepare a narrative event an issue will only be resolved The selection criteria for Partner summary of each application and a after award, such as the selection of a Grants will be driven by the collective rating sheet assigning points for each consultant, the final award document priorities of SJI and other organizations relevant selection criterion. The Board will include a Special Condition that and their collective assessments will review the applications will require additional grantee reporting regarding the needs and capabilities of competitively. and SJI review and approval. Special court and court-related organizations. The Chairman of the Board will sign Conditions, in the form of incentives or Having settled on priorities, SJI and its approved awards on behalf of SJI. sanctions, may also be used in other financial partners will likely contact the situations. courts or court-related organizations 3. Education Support Program (ESP) most acceptable as pilots, laboratories, A committee of the Board of Directors VI. Compliance Requirements consultants, or the like. will review ESP applications quarterly. The State Justice Institute Act 5. Education Support Program (ESP) The Board of Directors has delegated its contains limitations and conditions on authority to approve ESP awards to the grants, contracts, and cooperative ESP awards are only for programs that committee established for the program. either: (1) Enhance the skills of judges agreements awarded by SJI. The Board The committee will review the of Directors has approved additional and court managers; or (2) are part of a applications competitively. In the event policies governing the use of SJI grant graduate degree program for judges or of a tie vote, the Chairman of the Board funds. These statutory and policy court personnel. Awards are provided will serve as the tie-breaker. The requirements are set forth below. on the basis of: Chairman of the Board will sign a. The date on which the application approved awards on behalf of SJI. A. Recipients of Project Grants and concurrence (and support letter, if required) were sent (‘‘first-come, first- 4. Partner Grants 1. Advocacy considered’’); SJI’s internal process for the review No funds made available by SJI may b. The unavailability of state or local and approval of Partner Grants will funds, or funding from another source to depend on negotiations with fellow be used to support or conduct training cover the costs of attending the program, financiers. SJI may use its procedures, a programs for the purpose of advocating or participating online; partner’s procedures, a mix of both, or particular non-judicial public policies c. The absence of educational entirely unique procedures. All Partner or encouraging non-judicial political programs in the applicant’s state Grants will be approved by the Board of activities (42 U.S.C. 10706(b)). addressing the topic(s) covered by the Directors on whatever schedule makes 2. Approval of Key Staff educational program for which the sense at the time. award is being sought; If the qualifications of an employee or D. Return Policy d. Geographic balance among the consultant assigned to a key project staff recipients; Unless a specific request is made, position are not described in the e. The balance of ESP awards among unsuccessful applications will not be application or if there is a change of a educational providers and programs; returned. Applicants are advised that SJI person assigned to such a position, the f. The balance of ESP awards among records are subject to the provisions of recipient must submit a description of the types of courts and court personnel the Federal Freedom of Information Act, the qualifications of the newly assigned (trial judge, appellate judge, trial court 5 U.S.C. 552. person to SJI. Prior written approval of administrator) represented; and E. Notification of Board Decision the qualifications of the new person g. The level of appropriations assigned to a key staff position must be available to SJI in the current year and SJI will send written notice to received from the Institute before the the amount expected to be available in applicants concerning all Board salary or consulting fee of that person succeeding fiscal years. decisions to approve, defer, or deny and associated costs may be paid or The postmark or courier receipt will their respective applications. For all reimbursed from grant funds (see be used to determine the date on which applications (except ESP applications), section VIII.A.7.). the application form and other required if requested, SJI will convey the key items were sent. issues and questions that arose during 3. Audit the review process. A decision by the C. Review and Approval Process Board to deny an application may not be Recipients of project grants must provide for an annual fiscal audit which 1. Project Grant Applications appealed, but it does not prohibit resubmission of a proposal based on includes an opinion on whether the SJI’s Board of Directors will review that application in a subsequent funding financial statements of the grantee the applications competitively. SJI staff cycle. present fairly its financial position and will prepare a narrative summary and a its financial operations are in rating sheet assigning points for each F. Response to Notification of Approval accordance with generally accepted relevant selection criterion. Staff will With the exception of those approved accounting principles (see section VII.K. present the narrative summaries and for ESP awards, applicants have 30 days for the requirements of such audits). rating sheets to the Board for its review. from the date of the letter notifying ESP award recipients, Curriculum The Board will review all application them that the Board has approved their Adaptation and Training Grants, and summaries and decide which projects it application to respond to any revisions Technical Assistance Grants are not will fund. The decision to fund a project requested by the Board. If the requested required to submit an audit, but they is solely that of the Board of Directors. revisions (or a reasonable schedule for must maintain appropriate The Chairman of the Board will sign submitting such revisions) have not documentation to support all approved awards on behalf of SJI. been submitted to SJI within 30 days expenditures (see section VIII.K.).

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4. Budget Revisions SJI will also determine how the rights in SJI may reduce the award amount Budget revisions among direct cost the invention or discovery, including accordingly, in order to maintain the categories that: (a) Transfer grant funds rights under any patent issued thereon, ratio originally provided for in the to an unbudgeted cost category, or (b) shall be allocated and administered in award agreement (see section VII.E.1.). Match should be expended at the same individually or cumulatively exceed order to protect the public interest consistent with ‘‘Government Patent rate as SJI funding. five percent of the approved original Policy’’ (President’s Memorandum for The Board of Directors looks favorably budget or the most recently approved Heads of Executive Departments and upon any unrequired match contributed revised budget require prior SJI Agencies, February 18, 1983, and by applicants when making grant approval (see section VIII.A.1.). statement of Government Patent Policy). decisions. The match requirement may 5. Conflict of Interest be waived in exceptionally rare 7. Lobbying circumstances upon the request of the Personnel and other officials a. Funds awarded to recipients by SJI chief justice of the highest court in the connected with SJI-funded programs shall not be used, indirectly or directly, state or the highest ranking official in must adhere to the following to influence Executive Orders or similar the requesting organization and requirements: promulgations by federal, state or local approval by the Board of Directors (42 a. No official or employee of a agencies, or to influence the passage or U.S.C. 10705(d)). The Board of Directors recipient court or organization shall defeat of any legislation by federal, state encourages all applicants to provide the participate personally through decision, or local legislative bodies (42 U.S.C. maximum amount of cash and in-kind approval, disapproval, recommendation, 10706(a)). match possible, even if a waiver is the rendering of advice, investigation, or b. It is the policy of the Board of approved. The amount and nature of otherwise in any proceeding, Directors to award funds only to support match are criteria in the grant selection application, request for a ruling or other applications submitted by organizations process (see section V.B.1.b.). determination, contract, grant, that would carry out the objectives of cooperative agreement, claim, their applications in an unbiased 9. Nondiscrimination controversy, or other particular matter manner. Consistent with this policy and No person may, on the basis of race, in which SJI funds are used, where, to the provisions of 42 U.S.C. 10706, SJI sex, national origin, disability, color, or his or her knowledge, he or she or his will not knowingly award a grant to an creed be excluded from participation in, or her immediate family, partners, applicant that has, directly or through denied the benefits of, or otherwise organization other than a public agency an entity that is part of the same subjected to discrimination under any in which he or she is serving as officer, organization as the applicant, advocated program or activity supported by SJI director, trustee, partner, or employee or a position before Congress on the funds. Recipients of SJI funds must any person or organization with whom specific subject matter of the immediately take any measures he or she is negotiating or has any application. necessary to effectuate this provision. arrangement concerning prospective employment, has a financial interest. 8. Matching Requirements 10. Political Activities b. In the use of SJI project funds, an All grantees other than ESP award No recipient may contribute or make official or employee of a recipient court recipients are required to provide a available SJI funds, program personnel, or organization shall avoid any action match. A match is the portion of project or equipment to any political party or which might result in or create the costs not borne by the Institute. Match association, or the campaign of any appearance of: includes both cash and in-kind candidate for public or party office. (1) Using an official position for contributions. Cash match is the direct Recipients are also prohibited from private gain; or outlay of funds by the grantee or a third using funds in advocating or opposing (2) Affecting adversely the confidence party to support the project. In-kind any ballot measure, initiative, or of the public in the integrity of the match consists of contributions of time referendum. Officers and employees of Institute program. and/or services of current staff recipients shall not intentionally c. Requests for proposals or members, new employees, space, identify SJI or recipients with any invitations for bids issued by a recipient supplies, etc., made to the project by the partisan or nonpartisan political activity of Institute funds or a subgrantee or grantee or others (e.g., advisory board associated with a political party or subcontractor will provide notice to members) working directly on the association, or the campaign of any prospective bidders that the contractors project or that portion of the grantee’s candidate for public or party office (42 who develop or draft specifications, federally-approved indirect cost rate U.S.C. 10706(a)). requirements, statements of work, and/ that exceeds the Guideline’s limit of 11. Products or requests for proposals for a proposed permitted charges (75 percent of salaries procurement will be excluded from and benefits). a. Acknowledgment, Logo, and bidding on or submitting a proposal to Under normal circumstances, Disclaimer compete for the award of such allowable match may be incurred only (1) Recipients of SJI funds must procurement. during the project period. When acknowledge prominently on all appropriate, and with the prior written products developed with grant funds 6. Inventions and Patents permission of SJI, match may be that support was received from the SJI. If any patentable items, patent rights, incurred from the date of the Board of The ‘‘SJI’’ logo must appear on the front processes, or inventions are produced in Directors’ approval of an award. The cover of a written product, or in the the course of SJI-sponsored work, such amount and nature of required match opening frames of a multimedia fact shall be promptly and fully reported depends on the type of grant (see product, unless another placement is to the Institute. Unless there is a prior section III.). approved in writing by SJI. This agreement between the grantee and SJI The grantee is responsible for includes final products printed or on disposition of such items, SJI shall ensuring that the total amount of match otherwise reproduced during the grant determine whether protection of the proposed is actually contributed. If a period, as well as re-printings or invention or discovery shall be sought. proposed contribution is not fully met, reproductions of those materials

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following the end of the grant period. A have been approved by SJI (see section whether the material is in a verbatim or camera-ready logo sheet is available on VII.G.). extensive paraphrase format. SJI’s Web site: http://www.sji.gov/forms. (2) Recipients also must display the c. Copyrights 12. Prohibition Against Litigation following disclaimer on all grant Except as otherwise provided in the Support products: ‘‘This [document, film, terms and conditions of a SJI award, a No funds made available by SJI may videotape, etc.] was developed under recipient is free to copyright any books, be used directly or indirectly to support [grant/cooperative agreement] number publications, or other copyrightable legal assistance to parties in litigation, SJI-[insert number] from the State materials developed in the course of a including cases involving capital Justice Institute. The points of view SJI-supported project, but SJI shall punishment. expressed are those of the [author(s), reserve a royalty-free, nonexclusive and 13. Reporting Requirements filmmaker(s), etc.] and do not irrevocable right to reproduce, publish, necessarily represent the official or otherwise use, and to authorize a. Recipients of SJI funds other than position or policies of the State Justice others to use, the materials for purposes ESP awards must submit Quarterly Institute.’’ consistent with the State Justice Progress and Financial Status Reports Institute Act. within 30 days of the close of each b. Charges for Grant-Related Products/ calendar quarter (that is, no later than Recovery of Costs d. Due Date January 30, April 30, July 30, and (1) SJI’s mission is to support All products and, for TA and CAT October 30). The Quarterly Progress improvements in the quality of justice grants, consultant and/or trainer reports Reports shall include a narrative and foster innovative, efficient solutions (see section VI.B.1 & 2) are to be description of project activities during to common issues faced by all courts. completed and distributed (see below) the calendar quarter, the relationship SJI has recognized and established not later than the end of the award between those activities and the task procedures for supporting research and period, not the 90-day close out period. schedule and objectives set forth in the development of grant products (e.g. a The latter is only intended for grantee approved application or an approved report, curriculum, video, software, final reporting and to liquidate adjustment thereto, any significant database, or Web site) through obligations (see section VII.L.). problem areas that have developed and competitive grant awards based on merit how they will be resolved, and the review of proposed projects. To ensure e. Distribution activities scheduled during the next that all grants benefit the entire court In addition to the distribution reporting period. Failure to comply with community, projects SJI considers specified in the grant application, the requirements of this provision could worthy of support (in whole or in part), grantees shall send: result in the termination of a grantee’s are required to be disseminated widely (1) Three (3) copies of each final award. and available for public consumption. product developed with grant funds to b. The quarterly Financial Status This includes open-source software and SJI, unless the product was developed Report must be submitted in accordance interfaces. Costs for development, under either a Technical Assistance or with section VII.H.2. of this Guideline. production, and dissemination are a Curriculum Adaptation and Training A final project Progress Report and allowable as direct costs to SJI. Grant, in which case submission of 2 Financial Status Report shall be (2) Applicants should disclose their copies is required; and submitted within 90 days after the end intent to sell grant-related products in (2) An electronic version of the of the grant period in accordance with the application. Grantees must obtain product in HTML or PDF format to SJI. section VII.L.1. of this Guideline. the written prior approval of SJI of their 14. Research plans to recover project costs through f. SJI Approval the sale of grant products. Written No grant funds may be obligated for a. Availability of Research Data for requests to recover costs ordinarily publication or reproduction of a final Secondary Analysis should be received during the grant product developed with grant funds Upon request, grantees must make period and should specify the nature without the written approval of SJI. available for secondary analysis a and extent of the costs to be recouped, Grantees shall submit a final draft of diskette(s) or data tape(s) containing the reason that such costs were not each written product to SJI for review research and evaluation data collected budgeted (if the rationale was not and approval. The draft must be under a SJI grant and the accompanying disclosed in the approved application), submitted at least 30 days before the code manual. Grantees may recover the the number of copies to be sold, the product is scheduled to be sent for actual cost of duplicating and mailing or intended audience for the products to be publication or reproduction to permit otherwise transmitting the data set and sold, and the proposed sale price. If the SJI review and incorporation of any manual from the person or organization product is to be sold for more than $25, appropriate changes required by SJI. requesting the data. Grantees may the written request also should include Grantees must provide for timely provide the requested data set in the a detailed itemization of costs that will reviews by the SJI of Web site or other format in which it was created and be recovered and a certification that the multimedia products at the treatment, analyzed. costs were not supported by either SJI script, rough cut, and final stages of b. Confidentiality of Information grant funds or grantee matching development or their equivalents. contributions. Except as provided by federal law (3) In the event that the sale of grant g. Original Material other than the State Justice Institute Act, products results in revenues that exceed All products prepared as the result of no recipient of financial assistance from the costs to develop, produce, and SJI-supported projects must be SJI may use or reveal any research or disseminate the product, the revenue originally-developed material unless statistical information furnished under must continue to be used for the otherwise specified in the award the Act by any person and identifiable authorized purposes of SJI-funded documents. Material not originally to any specific private person for any project or other purposes consistent developed that is included in such purpose other than the purpose for with the State Justice Institute Act that products must be properly identified, which the information was obtained.

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Such information and copies thereof c. Solely to purchase equipment. and suggestions for replicating the shall be immune from legal process, and 17. Suspension or Termination of program, including possible faculty or shall not, without the consent of the Funding the preferred qualifications or person furnishing such information, be experience of those selected as faculty, admitted as evidence or used for any After providing a recipient reasonable developed under the grant at the purpose in any action, suit, or other notice and opportunity to submit conclusion of the grant period, along judicial, legislative, or administrative written documentation demonstrating with a final report that includes any proceedings. why fund termination or suspension evaluation results and explains how the should not occur, SJI may terminate or c. Human Subject Protection grantee intends to present the suspend funding of a project that fails educational program in the future, as Human subjects are defined as to comply substantially with the Act, well as two copies of the consultant’s or individuals who are participants in an the Guideline, or the terms and trainer’s report. experimental procedure or who are conditions of the award (42 U.S.C. asked to provide information about 10708(a)). C. Education Support Program (ESP) themselves, their attitudes, feelings, Recipients 18. Title to Property opinions, and/or experiences through an 1. ESP award recipients are interview, questionnaire, or other data At the conclusion of the project, title responsible for disseminating the collection technique. All research to all expendable and nonexpendable information received from the course to involving human subjects shall be personal property purchased with SJI their court colleagues locally and, if conducted with the informed consent of funds shall vest in the recipient court, possible, throughout the state. organization, or individual that those subjects and in a manner that will Recipients also must submit to SJI a purchased the property if certification is ensure their privacy and freedom from certificate of attendance from the made to and approved by SJI that the risk or harm and the protection of program and a copy of the notice of any property will continue to be used for the persons who are not subjects of the funding received from other sources. A authorized purposes of the Institute- research but would be affected by it, state or local jurisdiction may impose funded project or other purposes unless such procedures and safeguards additional requirements on ESP award consistent with the State Justice would make the research impractical. In recipients. Institute Act. If such certification is not such instances, SJI must approve 2. To receive the funds authorized by procedures designed by the grantee to made or SJI disapproves such certification, title to all such property an ESP award, recipients must submit provide human subjects with relevant an ESP Payment Request (Form ESP–3) information about the research after with an aggregate or individual value of $1,000 or more shall vest in SJI, which together with a tuition statement from their involvement and to minimize or the program sponsor. eliminate risk or harm to those subjects will direct the disposition of the property. ESP Payment Requests must be due to their participation. submitted within 90 days after the end 15. State and Local Court Applications B. Recipients of Technical Assistance of the course, which the recipient (TA) and Curriculum Adaptation and attended. Each application for funding from a Training (CAT) Grants 3. ESP recipients are encouraged to state or local court must be approved, Recipients of TA and CAT Grants check with their tax advisors to consistent with state law, by the state must comply with the requirements determine whether an award constitutes supreme court, or its designated agency listed in section VI.A. (except the taxable income under federal and state or council. The supreme court or its requirements pertaining to audits in law. designee shall receive, administer, and subsection A.3. above and product D. Partner Grants be accountable for all funds awarded on dissemination and approval in the basis of such an application (42 subsection A.11.e. and f. above) and the The compliance requirements for U.S.C. 10705(b)(4)). See section VII.C.2. reporting requirements below: Partner Grant recipients will depend upon the agreements struck between the 16. Supplantation and Construction 1. Technical Assistance (TA) Grant grant financiers and between lead Reporting Requirements To ensure that SJI funds are used to financiers and grantees. Should SJI be supplement and improve the operation Recipients of TA Grants must submit the lead, the compliance requirements of state courts, rather than to support to SJI one copy of a final report that for Project Grants will apply, unless basic court services, SJI funds shall not explains how it intends to act on the specific arrangements are determined by be used for the following purposes: consultant’s recommendations, as well the Partners. as two copies of the consultant’s written a. To supplant state or local funds report. VII. Financial Requirements supporting a program or activity (such as paying the salary of court employees 2. Curriculum Adaptation and Training A. Purpose who would be performing their normal (CAT) Grant Reporting Requirements The purpose of this section is to duties as part of the project, or paying Recipients of CAT Grants must submit establish accounting system rent for space which is part of the one copy of the agenda or schedule, requirements and offer guidance on court’s normal operations); outline of presentations and/or relevant procedures to assist all grantees, sub- b. To construct court facilities or instructor’s notes, copies of overhead grantees, contractors, and other structures, except to remodel existing transparencies, power point organizations in: facilities or to demonstrate new presentations, or other visual aids, 1. Complying with the statutory architectural or technological exercises, case studies and other requirements for the award, techniques, or to provide temporary background materials, hypotheticals, disbursement, and accounting of funds; facilities for new personnel or for quizzes, and other materials involving 2. Complying with regulatory personnel involved in a demonstration the participants, manuals, handbooks, requirements of SJI for the financial or experimental program; or conference packets, evaluation forms, management and disposition of funds;

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3. Generating financial data to be used by the subgrantee. These responsibilities 3. Presents and classifies historical in planning, managing, and controlling include: costs of the grant as required for projects; and (1) Reviewing Financial Operations. budgetary and evaluation purposes; 4. Facilitating an effective audit of The state supreme court or its designee 4. Provides cost and property controls funded programs and projects. should be familiar with, and to assure optimal use of grant funds; periodically monitor, its sub-grantee’s B. References 5. Is integrated with a system of financial operations, records system, internal controls adequate to safeguard Except where inconsistent with and procedures. Particular attention the funds and assets covered, check the specific provisions of this Grant should be directed to the maintenance accuracy and reliability of the Guideline, the following circulars are of current financial data. applicable to SJI grants and cooperative (2) Recording Financial Activities. accounting data, promote operational agreements under the same terms and The sub-grantee’s grant award or efficiency, and assure conformance with conditions that apply to federal contract obligation, as well as cash any general or special conditions of the grantees. The circulars supplement the advances and other financial activities, grant; requirements of this section for should be recorded in the financial 6. Meets the prescribed requirements accounting systems and financial records of the state supreme court or its for periodic financial reporting of recordkeeping and provide additional designee in summary form. Sub-grantee operations; and guidance on how these requirements expenditures should be recorded on the 7. Provides financial data for may be satisfied (circulars may be books of the state supreme court OR planning, control, measurement, and obtained on the OMB Web site at evidenced by report forms duly filed by evaluation of direct and indirect costs. http://www.whitehouse.gov/omb). the sub-grantee. Matching contributions E. Total Cost Budgeting and Accounting 1. Office of Management and Budget provided by sub-grantees should (OMB) Circular A–21, Cost Principles for likewise be recorded, as should any Accounting for all funds awarded by Educational Institutions. project income resulting from program SJI must be structured and executed on 2. Office of Management and Budget operations. a ‘‘Total Project Cost’’ basis. That is, (OMB) Circular A–87, Cost Principles for (3) Budgeting and Budget Review. The total project costs, including SJI funds, State and Local Governments. state supreme court or its designee state and local matching shares, and any 3. Office of Management and Budget should ensure that each sub-grantee other fund sources included in the (OMB) Circular A–102, Uniform prepares an adequate budget as the basis approved project budget serve as the Administrative Requirements for Grants-in- for its award commitment. The state Aid to State and Local Governments. foundation for fiscal administration and 4. Office of Management and Budget supreme court should maintain the accounting. Grant applications and (OMB) Circular A–110, Grants and details of each project budget on file. financial reports require budget and cost Agreements with Institutions of Higher (4) Accounting for Match. The state estimates on the basis of total costs. Education, Hospitals and Other Non-Profit supreme court or its designee will Organizations. ensure that sub-grantees comply with 1. Timing of Matching Contributions 5. Office of Management and Budget the match requirements specified in this Matching contributions should be (OMB) Circular A–122, Cost Principles for Grant Guideline (see section VI.A.8.). applied at the same time of the Non-profit Organizations. (5) Audit Requirement. The state obligation of SJI funds. Ordinarily, the 6. Office of Management and Budget supreme court or its designee is full matching share must be obligated (OMB) Circular A–133, Audits of States, required to ensure that sub-grantees during the award period; however, with Local Governments and Non-profit meet the necessary audit requirements Organizations. the written permission of SJI, set forth by SJI (see sections K. below contributions made following approval C. Supervision and Monitoring and VI.A.3.). Responsibilities (6) Reporting Irregularities. The state of the grant by the Board of Directors, supreme court, its designees, and its but before the beginning of the grant, 1. Grantee Responsibilities sub-grantees are responsible for may be counted as match. If a proposed All grantees receiving awards from SJI promptly reporting to SJI the nature and cash or in-kind match is not fully met, are responsible for the management and circumstances surrounding any SJI may reduce the award amount fiscal control of all funds. financial irregularities discovered. accordingly to maintain the ratio of Responsibilities include accounting for grant funds to matching funds stated in receipts and expenditures, maintaining D. Accounting System the award agreement. adequate financial records, and The grantee is responsible for 2. Records for Match refunding expenditures disallowed by establishing and maintaining an audits. adequate system of accounting and All grantees must maintain records internal controls and for ensuring that that clearly show the source, amount, 2. Responsibilities of the State Supreme an adequate system exists for each of its and timing of all matching Court sub-grantees and contractors. An contributions. In addition, if a project a. Each application for funding from acceptable and adequate accounting has included, within its approved a state or local court must be approved, system: budget, contributions which exceed the consistent with state law, by the state 1. Properly accounts for receipt of required matching portion, the grantee supreme court, or its designated agency funds under each grant awarded and the must maintain records of those or council. expenditure of funds for each grant by contributions in the same manner as it b. The state supreme court or its category of expenditure (including does SJI funds and required matching designee shall receive all SJI funds matching contributions and project shares. For all grants made to state and awarded to such courts; be responsible income); local courts, the state supreme court has for assuring proper administration of SJI 2. Assures that expended funds are primary responsibility for grantee/sub- funds; and be responsible for all aspects applied to the appropriate budget grantee compliance with the of the project, including proper category included within the approved requirements of this section (see accounting and financial record-keeping grant; subsection C.2. above).

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F. Maintenance and Retention of below). The policies governing the a. Request for Reimbursement of Records disposition of the various types of Funds. Grantees will receive funds on a All financial records, including project-related income are listed below. U.S. Treasury ‘‘check-issued’’ or electronic funds transfer (EFT) basis. supporting documents, statistical 1. Interest records, and all other information Upon receipt, review, and approval of a A state and any agency or pertinent to grants, sub-grants, Request for Advance or Reimbursement instrumentality of a state, including cooperative agreements, or contracts by SJI, payment will be issued directly institutions of higher education and under grants, must be retained by each to the grantee or its designated fiscal hospitals, shall not be held accountable organization participating in a project agent. A request must be limited to the for interest earned on advances of for at least three years for purposes of grantee’s immediate cash needs. The project funds. When funds are awarded examination and audit. State supreme Request for Reimbursement Form R), to sub-grantees through a state, the sub- courts may impose record retention and along with the instructions for its grantees are not held accountable for maintenance requirements in addition preparation, and the SF 3881 interest earned on advances of project to those prescribed in this section. Automated Clearing House (ACH/ funds. Local units of government and Miscellaneous Payment Enrollment 1. Coverage nonprofit organizations that are grantees Form for EFT) are available on the The retention requirement extends to must refund any interest earned. Institute’s Web site: http://www.sji.gov/ books of original entry, source Grantees shall ensure minimum forms.php. documents supporting accounting balances in their respective grant cash b. Termination Reimbursement transactions, the general ledger, accounts. Funding. When a grantee organization subsidiary ledgers, personnel and 2. Royalties receiving cash advances from SJI: payroll records, canceled checks, and (1) Demonstrates an unwillingness or The grantee/sub-grantee may retain all related documents and records. Source inability to attain program or project royalties received from copyrights or documents include copies of all grant goals, or to establish procedures that other works developed under projects or and sub-grant awards, applications, and will minimize the time elapsing from patents and inventions, unless the required grantee/sub-grantee financial between cash advances and terms and conditions of the grant and narrative reports. Personnel and disbursements, or is unable to adhere to provide otherwise. payroll records shall include the time guideline requirements or special and attendance reports for all 3. Registration and Tuition Fees conditions; individuals reimbursed under a grant, (2) Engages in the improper award Registration and tuition fees may be and administration of sub-grants or sub-grant or contract, whether they are considered as cash match with the prior employed full-time or part-time. Time contracts; or written approval from SJI. Estimates of (3) Is unable to submit reliable and/ and effort reports are required for registration and tuition fees, and any or timely reports; SJI may terminate consultants. expenses to be offset by the fees, should advance financing and require the 2. Retention Period be included in the application budget grantee organization to finance its forms and narrative. The three-year retention period starts operations with its own working capital. from the date of the submission of the 4. Income From the Sale of Grant Payments to the grantee shall then be final expenditure report. Products made by U.S. Treasury check or EFT to reimburse the grantee for actual cash 3. Maintenance If the sale of products occurs during disbursements. In the event the grantee the project period, the income may be Grantees and sub-grantees are continues to be deficient, SJI may treated as cash match with the prior expected to see that records of different suspend reimbursement payments until written approval from SJI. The costs and fiscal years are separately identified and the deficiencies are corrected. In income generated by the sales must be maintained so that requested extreme cases, grants may be reported on the Quarterly Financial information can be readily located. terminated. Status Reports and documented in an Grantees and sub-grantees are also c. Principle of Minimum Cash on auditable manner. Whenever possible, obligated to protect records adequately Hand. Grantees should request funds the intent to sell a product should be against fire or other damage. When based upon immediate disbursement disclosed in the application or reported records are stored away from the requirements. Grantees should time to SJI in writing once a decision to sell grantee’s/sub-grantee’s principal office, their requests to ensure that cash on products has been made. The grantee a written index of the location of stored hand is the minimum needed for must request approval to recover its records should be on hand, and ready disbursements to be made immediately product development, reproduction, access should be assured. or within a few days. and dissemination costs as specified in 4. Access section VI.A.11.b. 2. Financial Reporting Grantees and sub-grantees must give 5. Other a. General Requirements. To obtain any authorized representative of SJI financial information concerning the Other project income shall be treated access to and the right to examine all use of funds, the Institute requires that in accordance with disposition records, books, papers, and documents grantees/sub-grantees submit timely instructions set forth in the grant’s terms related to a SJI grant. reports for review. and conditions. b. Due Dates and Contents. A G. Project-Related Income H. Payments and Financial Reporting Financial Status Report is required from Records of the receipt and disposition Requirements all grantees, other than ESP award of project-related income must be recipients, for each active quarter on a maintained by the grantee in the same 1. Payment of Grant Funds calendar-quarter basis. This report is manner as required for the project funds The procedures and regulations set due within 30 days after the close of the that gave rise to the income and must be forth below are applicable to all SJI calendar quarter. It is designed to reported to SJI (see subsection H.2. grant funds and grantees. provide financial information relating to

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SJI funds, state and local matching most recently approved revised budget grantee institution involved as specified shares, project income, and any other require prior SJI approval (see section in the applicable OMB Circular. sources of funds for the project, as well VIII.A.1.). c. No Approved Plan. If an indirect as information on obligations and 3. Travel Costs cost proposal for recovery of indirect outlays. A copy of the Financial Status costs is not submitted to SJI within three Report, along with instructions for its Transportation and per diem rates months after the start of the grant preparation, are provided on the SJI must comply with the policies of the period, indirect costs will be irrevocably Web site. If a grantee requests grantee. If the grantee does not have an disallowed for all months prior to the substantial payments for a project prior established written travel policy, then month that the indirect cost proposal is to the completion of a given quarter, SJI travel rates must be consistent with received. may request a brief summary of the those established by the federal amount requested, by object class, to government. SJI funds may not be used J. Procurement and Property support the Request for Advance or to cover the transportation or per diem Management Standards Reimbursement. costs of a member of a national 1. Procurement Standards organization to attend an annual or 3. Consequences of Non-Compliance other regular meeting, or conference of For state and local governments, SJI With Submission Requirement that organization. has adopted the standards set forth in Failure of the grantee to submit Attachment O of OMB Circular A–102. required financial and progress reports 4. Indirect Costs Institutions of higher education, may result in suspension or termination Indirect costs are only applicable to hospitals, and other non-profit of grant payments. organizations that are not state courts or organizations will be governed by the government agencies. These are costs of standards set forth in Attachment O of I. Allowability of Costs an organization that are not readily OMB Circular A–110. 1. General assignable to a particular project but are 2. Property Management Standards Except as may be otherwise provided necessary to the operation of the organization and the performance of the The property management standards in the conditions of a particular grant, as prescribed in Attachment N of OMB cost allowability is determined in project. The cost of operating and maintaining facilities, depreciation, and Circulars A–102 and A–110 apply to all accordance with the principles set forth SJI grantees and sub-grantees except as in OMB Circulars A–21, Cost Principles administrative salaries are examples of the types of costs that are usually provided in section VI.A.18. All Applicable to Grants and Contracts with grantees/sub-grantees are required to be Educational Institutions; A–87, Cost treated as indirect costs. Although SJI’s policy requires all costs to be budgeted prudent in the acquisition and Principles for State and Local management of property with grant Governments; and A–122, Cost directly, it will accept indirect costs if a grantee has an indirect cost rate funds. If suitable property required for Principles for Non-profit Organizations. the successful execution of projects is No costs may be recovered to approved by a Federal agency as set forth below. However, recoverable already available within the grantee or liquidate obligations incurred after the subgrantee organization, expenditures of approved grant period. Circulars may be indirect costs are limited to no more than 75 percent of a grantee’s direct grant funds for the acquisition of new obtained on the OMB Web site at property will be considered http://www.whitehouse.gov/omb. personnel costs (salaries plus fringe benefits). unnecessary. 2. Costs Requiring Prior Approval a. Approved Plan Available. K. Audit Requirements a. Pre-agreement Costs. The written (1) A copy of an indirect cost rate 1. Implementation prior approval of the Institute is agreement or allocation plan approved required for costs considered necessary for a grantee during the preceding two Each recipient of a Project Grant must but which occur prior to the start date years by any Federal granting agency on provide for an annual fiscal audit. This of the project period. the basis of allocation methods requirement also applies to a state or b. Equipment. Grant funds may be substantially in accord with those set local court receiving a sub-grant from used to purchase or lease only that forth in the applicable cost circulars the state supreme court. The audit may equipment essential to accomplishing must be submitted to SJI. be of the entire grantee or sub-grantee the goals and objectives of the project. (2) Where flat rates are accepted in organization or of the specific project The written prior approval of the lieu of actual indirect costs, grantees funded by the Institute. Audits Institute is required when the amount of may not also charge expenses normally conducted in accordance with the automated data processing (ADP) included in overhead pools, e.g., Single Audit Act of 1984 and OMB equipment to be purchased or leased accounting services, legal services, Circular A–133, will satisfy the exceeds $10,000 or software to be building occupancy and maintenance, requirement for an annual fiscal audit. purchased exceeds $3,000. etc., as direct costs. The audit must be conducted by an c. Consultants. The written prior b. Establishment of Indirect Cost independent Certified Public approval from SJI is required when the Rates. To be reimbursed for indirect Accountant, or a state or local agency rate of compensation to be paid a costs, a grantee must first establish an authorized to audit government consultant exceeds $800 a day. SJI funds appropriate indirect cost rate. To do agencies. Grantees must send two copies may not be used to pay a consultant this, the grantee must prepare an of the audit report to the Institute. more than $1,100 per day. indirect cost rate proposal and submit it Grantees that receive funds from a d. Budget Revisions. Budget revisions to SJI within three months after the start federal agency and satisfy audit among direct cost categories that (i) of the grant period to assure recovery of requirements of the cognizant federal transfer grant funds to an unbudgeted the full amount of allowable indirect agency must submit two copies of the cost category or (ii) individually or costs. The rate must be developed in audit report prepared for that federal cumulatively exceed five percent (5%) accordance with principles and agency to SJI in order to satisfy the of the approved original budget or the procedures appropriate to the type of provisions of this section.

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2. Resolution and Clearance of Audit might have enhanced the impact of the 8. A change in or temporary absence Reports project or improved its operation. of the person responsible for managing Timely action on recommendations These reporting requirements apply at and reporting on the grant’s finances. by responsible management officials is the conclusion of every grant other than 9. A change in the name of the grantee an integral part of the effectiveness of an an ESP award. organization. audit. Each grantee must have policies 2. Extension of Close-out Period 10. A transfer or contracting out of and procedures for acting on audit Upon the written request of the grant-supported activities (see recommendations by designating grantee, SJI may extend the close-out subsection H. below). officials responsible for: (1) Follow-up, period to assure completion of the 11. A transfer of the grant to another (2) maintaining a record of the actions grantee’s close-out requirements. recipient. taken on recommendations and time Requests for an extension must be schedules, (3) responding to and acting 12. Pre-agreement costs (see section submitted at least 14 days before the on audit recommendations, and (4) VII.I.2.a.). end of the close-out period and must submitting periodic reports to SJI on 13. The purchase of automated data explain why the extension is necessary recommendations and actions taken. processing equipment and software (see and what steps will be taken to assure section VII.I.2.b.). 3. Consequences of Non-Resolution of that all the grantee’s responsibilities Audit Issues will be met by the end of the extension 14. Consultant rates (see section VII.I.2.c.). Ordinarily, SJI will not make a period. 15. A change in the nature or number subsequent grant award to an applicant VIII. Grant Adjustments that has an unresolved audit report of the products to be prepared or the involving SJI awards. Failure of the All requests for programmatic or manner in which a product would be grantee to resolve audit questions may budgetary adjustments requiring distributed. Institute approval must be submitted by also result in the suspension or B. Requests for Grant Adjustments termination of payments for active SJI the project director in a timely manner grants to that organization. (ordinarily 30 days prior to the All grantees must promptly notify SJI, implementation of the adjustment being in writing, of events or proposed L. Close-Out of Grants requested). All requests for changes changes that may require adjustments to 1. Grantee Close-Out Requirements from the approved application will be the approved project design. In carefully reviewed for both consistency requesting an adjustment, the grantee Within 90 days after the end date of with this Grant Guideline and the must set forth the reasons and basis for the grant or any approved extension enhancement of grant goals and the proposed adjustment and any other thereof (see subsection L.2. below), the objectives. Failure to submit information the program manager following documents must be submitted adjustments in a timely manner may determines would help SJI’s review. to SJI by grantees (other than ESP award result in the termination of a grantee’s recipients): award. C. Notification of Approval/Disapproval a. Financial Status Report. The final report of expenditures must have no A. Grant Adjustments Requiring Prior If the request is approved, the grantee unliquidated obligations and must Written Approval will be sent a Grant Adjustment signed by the SJI Executive Director. If the indicate the exact balance of The following grant adjustments unobligated funds. Any unobligated/ request is denied, the grantee will be require the prior written approval of SJI: sent a written explanation of the reasons unexpended funds will be deobligated 1. Budget revisions among direct cost for the denial. from the award by SJI. Final payment categories that (a) transfer grant funds to requests for obligations incurred during an unbudgeted cost category or (b) D. Changes in the Scope of the Grant the award period must be submitted to individually or cumulatively exceed the Institute prior to the end of the 90- five percent (5%) of the approved Major changes in scope, duration, day close-out period. Grantees who have original budget or the most recently training methodology, or other drawn down funds in excess of their approved revised budget (see section significant areas must be approved in obligations/expenditures, must return VII.I.2.d.). advance by SJI. A grantee may make any unused funds as soon as it is 2. A change in the scope of work to minor changes in methodology, determined that the funds are not be performed or the objectives of the approach, or other aspects of the grant required. In no instance should any project (see subsection D. below). to expedite achievement of the grant’s unused funds remain with the grantee 3. A change in the project site. objectives with subsequent notification beyond the submission date of the final 4. A change in the project period, to SJI. Financial Status Report. such as an extension of the grant period E. Date Changes b. Final Progress Report. This report and/or extension of the final financial or should describe the project activities progress report deadline (see subsection A request to change or extend the during the final calendar quarter of the E. below). grant period must be made at least 30 project and the close-out period, 5. Satisfaction of special conditions, if days in advance of the end date of the including to whom project products required. grant. A revised task plan should have been disseminated; provide a 6. A change in or temporary absence accompany a request for an extension of summary of activities during the entire of the project director (see subsections the grant period, along with a revised project; specify whether all the F. and G. below). budget if shifts among budget categories objectives set forth in the approved 7. The assignment of an employee or will be needed. A request to change or application or an approved adjustment consultant to a key staff position whose extend the deadline for the final have been met and, if any of the qualifications were not described in the financial report or final progress report objectives have not been met, explain application, or a change of a person must be made at least 14 days in why not; and discuss what, if anything, assigned to a key project staff position advance of the report deadline (see could have been done differently that (see section VI.A.2.). section VII.L.2.).

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F. Temporary Absence of the Project grant may be terminated if the State Justice Institute Board of Director qualifications of the proposed Directors Whenever an absence of the project individual are not approved in advance by the Institute. James R. Hannah, Chairman, Chief Justice, director is expected to exceed a Supreme Court of Arkansas, Little Rock, continuous period of one month, the H. Transferring or Contracting Out of AR. plans for the conduct of the project Grant-Supported Activities Daniel J. Becker, Vice Chairman, State Court director’s duties during such absence Administrator, Utah Administrative Office must be approved in advance by the No principal activity of a grant- of the Courts, Salt Lake City, UT. Institute. This information must be supported project may be transferred or Gayle A. Nachtigal, Secretary, Judge, provided in a letter signed by an contracted out to another organization Washington County Circuit Court, Hillsboro, OR. authorized representative of the grantee/ without specific prior approval by SJI. sub-grantee at least 30 days before the Hernan D. Vera, Treasurer, President & CEO, All such arrangements must be Public Counsel Law Center, Los Angeles, departure of the project director, or as formalized in a contract or other written soon as it is known that the project CA. agreement between the parties involved. Robert A. Miller, Chief Justice (ret.), Supreme director will be absent. The grant may Copies of the proposed contract or Court of South Dakota, Pierre, SD. be terminated if arrangements are not Chase T. Rogers, Chief Justice, Supreme approved in advance by SJI. agreement must be submitted for prior approval of SJI at the earliest possible Court of Connecticut, Hartford, CT. David V. Brewer, Chief Judge, Oregon Court G. Withdrawal of/Change in Project time. The contract or agreement must Director of Appeals, Salem, OR. state, at a minimum, the activities to be Wilfredo Martinez, County Judge, 9th If the project director relinquishes or performed, the time schedule, the Judicial Circuit of Florida, Orlando, FL. expects to relinquish active direction of policies and procedures to be followed, Marsha J. Rabiteau, Executive Director, Legal the project, SJI must be notified the dollar limitation of the agreement, Policy Strategies Group, Bloomfield, CT. immediately. In such cases, if the and the cost principles to be followed in John B. Nalbandian, Partner, Taft Stettinius & Hollister LLP, Cincinnati, OH. grantee/sub-grantee wishes to terminate determining what costs, both direct and the project, SJI will forward procedural Isabel Framer, President, Language Access indirect, will be allowed. The contract Consultants LLC, Copley, OH. instructions upon notification of such or other written agreement must not Jonathan D. Mattiello, Executive Director (ex intent. If the grantee wishes to continue affect the grantee’s overall responsibility officio). the project under the direction of for the direction of the project and Jonathan D. Mattiello, another individual, a statement of the accountability to SJI. candidate’s qualifications should be Executive Director. sent to SJI for review and approval. The BILLING CODE P

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BILLING CODE C 2. Type of Applicant: c. National state court support STATE JUSTICE INSTITUTE a. State court includes all appellate, organization include national non-profit general jurisdiction, limited organizations with primary mission of INSTRUCTIONS FOR APPLICATION jurisdiction, and special jurisdiction supporting, serving, or educating judges FORM A courts, as well as all offices that are and other personnel of the judicial 1. Legal name of applicant (court, supervised by, or report for, branch of state government. entity or individual); name of the administrative purposes to the chief or d. College or university includes all organizational unit, if any, that will presiding justice or judge, or his or her institutions of higher education. conduct the project; complete address designee. e. Other non-profit organization or of the applicant, including phone and b. National organizations operating agency includes those non-profit fax numbers and website addresses; and in conjunction with a state court name, phone number, title, and e-mail include national non-profit organizations and private agencies not address of a contact person who can organizations controlled by, operating in included in sub-paragraphs (b)-(d). provide further information about this conjunction with, and serving state f. Individual means a person not application. courts. applying in conjunction with or on

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behalf of an entity identified in one of c. Total match refers to the sum of the [ ] herby requests consideration of a the other categories. cash and in-kind contributions to the reduction in cash match as requested by g. Corporation or partnership project. the applicant (NOTE: only applicable to includes for-profit and not-for-profit d. Other cash refers to other funds Project Grant applications); entities not falling within one of the that may not serve as a match but can [ ] designates llllllllllll other categories. be used for a project. Name of Trial or Appellate Court or h. Other unit of government includes e. Total project cost represents the Agency any governmental agency, office, or sum of the amount requested from SJI as the entity to receive, administer, and organization that is not a state or local and all other contributions to the be accountable for all funds awarded by court. project. SJI pursuant to the application. 3. The proposed start date of the 8. The title of the proposed project lllllllllllllllllll project should be the earliest feasible should reflect the objectives of the date on which applicant will be able to activities to be conducted. Signature begin project activities following the 9. Enter the name of the applicant’s lllllllllllllllllll date of award (example: 08/01/2012). Congressional Representative and the Date 4. Project duration refers to the number of the applicant’s Congressional lllllllllllllllllll number of months the applicant district, along with the number of the Name estimates will be needed to complete all Congressional district(s) in which most lllllllllllllllllll of the project activities will take place project tasks after the proposed start Title date. and the name(s) of the Representative(s) 5. The applicant financial contact is from those districts. If the project Form B 09/09 activities are not site-specific (for the court or organization employee that INSTRUCTIONS will administer and account for any example, a series of training workshops funding awarded. that will bring together participants The State Justice Institute Act requires from around the state, the country, or that: 6. If this application, or an application from a particular region), enter requesting support for the same project Each application for funding by a statewide, national, or regional, as or a similar project, has been previously state or local court shall be approved, appropriate, in the space provided. submitted to another funding source consistent with state law, by the state’s (federal or private), enter the name of 10. Signature and title of a duly supreme court, or its designated agency the source, the date of submission, the authorized representative of the or council, which shall receive, amount of funding sought, and the applicant and the date the application administer, and be accountable for all disposition (if any) or current status. was signed. For applications from state funds awarded by SJI to such courts (42 and local courts, Form B, Certificate of U.S.C. 10705(b)(4)). 7. Requested funding: State Approval, must be attached. FORM B should be signed by the chief a. Insert the amount requested from judge or chief justice of the state STATE JUSTICE INSTITUTE the State Justice Institute to conduct the supreme court, or by the director of the project. Certificate of State Approval designated agency or chair of the b. The amount of match is the The llllllllllllllll designated council. amount, if any, to be contributed to the Name of State Supreme Court or The term ‘‘state supreme court’’ refers project by the applicant, a unit of state Designated Agency or Council to the court of last resort of a state. or local government, or private sources. l ‘‘Designated agency or council’’ refers to See 42 U.S.C. 10705(d). has reviewed the application entitled lllllllllllllllllll the office or judicial body which is Cash match refers to funds directly prepared by llllllllllll authorized under state law, or by contributed by the applicant, a unit of Name of Applicant delegation from the state supreme court, State or local government, or private to approve applications for grant sources to support the project. approves its submission to the State funding and to receive, administer, and Non-cash match refers to in-kind Justice Institute, and be accountable for that funding. contributions by the applicant, a unit of [ ] agrees to receive and administer and State or local government or private be accountable for all funds awarded by Form B 09/09 sources to support the project. SJI pursuant to the application; BILLING CODE P

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BILLING CODE C STATE JUSTICE INSTITUTE issuance, amendment, or revocation of Application Budget Instructions ASSURANCES any executive order or similar The applicant hereby assures and promulgation by federal, state or local If the proposed project period is for certifies that it possesses legal authority agencies, or to influence the passage or more than 12 months, separate totals to apply for the grant, and that if funds defeat of any legislation or constitutional amendment by any should be submitted for each are awarded by the State Justice federal, state or local legislative body. succeeding twelve-month period or Institute pursuant to this application, it 3. In accordance with 42 U.S.C. portion thereof beyond 12 months. will comply with all applicable However, a grand total project budget 10706(a) and 10707(c): provisions of law and the regulations, a. It will not contribute or make must also be included for multi-year policies, guidelines and requirements of projects. In addition to Form C, available SJI funds, project personnel, or SJI as they relate to the acceptance and equipment to any political party or applicants must provide a detailed use of SJI funds pursuant to this budget narrative that explains the basis association, to the campaign of any application. The applicant further candidate for public or party office, or for the estimates in each budget assures and certifies with respect to this to influence the passage or defeat of any category. If the applicant is requesting application, that: ballot measure, initiative, or indirect costs and has an indirect cost 1. No person will, on the basis of race, referendum; rate that has been approved by a federal sex, national origin, disability, color, or b. No officer or employee of the agency, the basis for that rate, together creed be excluded from participation in, applicant will intentionally identify SJI with a copy of the letter or other official denied the benefits of, or otherwise or applicant with any partisan or document stating that it has been subjected to discrimination under any nonpartisan political activity or the approved, should be attached. program or activity supported by SJI campaign of any candidate for public or Recoverable indirect costs are limited to funds, and that the applicant will party office; and, no more than 75 percent of personnel immediately take any measures c. No officer or employee of the and fringe benefit costs. If matching necessary to effectuate this assurance. applicant will engage in partisan funds from other sources are being 2. In accordance with 42 U.S.C. political activity while engaged in work sought, the source, current status of the 10706(a), funds awarded to the supported in whole or in part by the SJI. request, and anticipated decision date applicant by SJI will not be used, 4. In accordance with 42 U.S.C. must be provided. directly or indirectly, to influence the 10706(b), no funds awarded by SJI will

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be used to support or conduct training without the written approval of SJI. The will direct the disposition of the programs for the purpose of advocating recipient will submit a final draft of property. particular non-judicial public policies each such product to SJI for review and 17. The person signing the application or encouraging non-judicial political approval prior to submitting that is authorized to do so on behalf of the activities. product for publication or reproduction. applicant, and to obligate the applicant 5. In accordance with 42 U.S.C. 12. The following statement will be to comply with the assurances 10706(d), no funds awarded by SJI will prominently displayed on all products enumerated above. be used to supplant state or local funds prepared as a result of the project: ‘‘This Form D 10/08 supporting a program or activity; to [document, website, film, videotape, DISCLOSURE OF LOBBYING construct court facilities or structures, etc.] was developed under a [grant, ACTIVITIES except to remodel existing facilities or cooperative agreement, contract] from to demonstrate new architectural or the State Justice Institute. Points of view The State Justice Institute Act technological techniques, or to provide expressed herein are those of the prohibits grantees from using funds temporary facilities for new personnel [author(s), filmmaker(s), etc.] and do not awarded by SJI to directly or indirectly or for personnel involved in a necessarily represent the official influence the passage or defeat of any demonstration or experimental program; position or policies of the State Justice legislation by federal, state of local or to solely purchase equipment for a Institute.’’ legislative bodies (42 U.S.C. 10706(a)). It court system. 13. The ‘‘SJI’’ logo will appear on the also is the policy of SJI to award funds 6. It will provide for an annual fiscal front cover of a written product or in the only to support applications submitted audit of the project. opening frames of a video production by organizations that would carry out 7. It will give SJI, through any produced with SJI funds, unless another the objectives of their applications in an authorized representative, access to and placement is approved in writing by SJI. unbiased manner. the right to examine all records, books, Consistent with this policy and the 14. Except as otherwise provided in papers, or documents related to the provisions of 42 U.S.C. 10706(a), SJI will the terms and conditions of a SJI award, award. not knowingly award a grant to an the recipient is free to copyright any 8. In accordance with 42 U.S.C. applicant that has, directly or through books, publications, or other 10708(b) (as amended), research or an entity that is part of the same copyrightable materials developed in statistical information that is furnished organization as the applicant, the course of a SJI-supported project, during the course of the project and that advocated a position before Congress on but SJI shall reserve a royalty-free, non- is identifiable to any specific individual, the specific subject matter of the exclusive and irrevocable right to shall not be used or revealed for any application. As a means of reproduce, publish, or otherwise use, purpose other than the purpose for implementing that prohibition, SJI and to authorize others to use, the which it was obtained. Such requires organizations submitting materials for purposes consistent with information and copies thereof shall be applications to SJI to disclose whether the State Justice Institute Act. immune from legal process, and shall they, or another entity that is part of the not be offered as evidence or used for 15. It will submit quarterly progress same organization as the applicant, any purpose in any action suit, or other and financial reports within 30 days of have advocated a position before judicial, legislative, or administrative the close of each calendar quarter Congress on any issue, and to identify proceeding without the consent of the during the funding period (that is, no the specific subjects of their lobbying person who furnished the information. later than January 30, April 30, July 30, efforts. This form must be submitted 9. All research involving human and October 30); that progress reports with your application. subjects will be conducted with the will include a narrative description of Name of Applicant: lllllllll informed consent of those subjects and the project activities during the calendar Title of Application: llllllll in a manner that will ensure their quarter, the relationship between those b Yes b No Has the applicant (or an privacy and freedom from risk or harm activities and the task schedule and entity that is part of the same and the protection of persons who are objectives set forth in the approved organization as the applicant) not subjects of the research but would application or an approved adjustment directly or indirectly advocated a be affected by it, unless such procedures thereto, any significant problem areas position before Congress on any and safeguards would make the research that have developed and how they will issue within the past five years? impractical. In such instances, SJI must be resolved, and the activities scheduled approve procedures designed by the during the next reporting period; and SPECIFIC SUBJECTS OF LOBBYING grantee to provide human subjects with that financial reports will contain the EFFORTS relevant information about the research information required. If you answered YES above, please list after their involvement and to minimize 16. At the conclusion of the project, the specific subjects on which your or eliminate risk or harm to those title to all expendable and non- organization (or another entity that is subjects due to their participation. expendable personal property part of your organization) has directly or 10. All products prepared as the result purchased with SJI funds shall vest in indirectly advocated a position before of the project will be originally- the court, organization, or individual Congress within the past five years. If developed material unless otherwise that purchased the property if necessary, you may continue on the specifically provided for in the award certification is made to SJI that the back of this form or on an attached documents, and that material not property will continue to be used for the sheet. originally developed that is included in authorized purposes of a SJI-funded such projects must be properly project or other purposes consistent Subject Year identified, whether the material is in a with the State Justice Institute Act, as verbatim or extensive paraphrase approved by SJI. If such certification is format. not made or SJI disapproves such 11. No funds will be obligated for certification, title to all such property publication or reproduction of a final with an aggregate or individual value of product developed with Institute funds $1,000 or more shall vest in SJI, which

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Subject Year STATEMENT OF VERIFICATION lllllllllllllllllll I declare under penalty of perjury that Name the information contained in this lllllllllllllllllll disclosure statement is correct and that Title I am authorized to make this verification lllllllllllllllllll on behalf of the applicant. Date lllllllllllllllllll Form E 10/07 Signature BILLING CODE P

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[FR Doc. 2011–25893 Filed 10–6–11; 8:45 am] BILLING CODE C

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Part IV

Department of Housing and Urban Development

Delegation of Authority for the Office of Congressional and Intergovernmental Relations; Order of Succession for the Office of Congressional and Intergovernmental Relations; Notices

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DEPARTMENT OF HOUSING AND inquiries and requests for information, 708–0005. (This is not a toll-free URBAN DEVELOPMENT reports, or other assistance, such as number.) Persons with hearing or technical drafting services; and speech impairments may access this [Docket No. FR–5515–D–01] 5. Coordinate all matters involving number through TTY by calling the toll- Delegation of Authority for the Office intergovernmental relations, including free Federal Relay Service at 1–800– of Congressional and state and local government relations. 877–8339. Intergovernmental Relations Section B. Authority Excepted SUPPLEMENTARY INFORMATION: The Assistant Secretary for Congressional AGENCY: Office of the Secretary, HUD. The authority delegated in this and Intergovernmental Relations is ACTION: Notice of delegation of document does not include the authority to sue or be sued. issuing this Order of Succession of authority. officials authorized to perform the SUMMARY: In this notice, the Secretary of Section C. Authority To Redelegate duties and functions of the Office of the HUD delegates authority to the Assistant The Assistant Secretary for Assistant Secretary when, by reason of Secretary of Congressional and Congressional and Intergovernmental absence, disability, or vacancy in office, Intergovernmental Relations and Relations is authorized to redelegate to the Assistant Secretary is not available supersedes any prior delegation of employees of HUD any of the authority to exercise the powers or perform the authority from the Secretary to the delegated under Section A. duties of the Office. This Order of Assistant Secretary for Congressional Succession is subject to the provisions and Intergovernmental Relations. Section D. Authority Superseded of the Vacancy Reform Act of 1998 (5 DATES: Effective Date: September 30, This delegation supersedes all U.S.C. 3345–3349d). This publication 2011. previous delegations of authority from supersedes all prior Orders of the Secretary to the Assistant Secretary Succession for the Office of FOR FURTHER INFORMATION CONTACT: for Congressional and Congressional and Intergovernmental Aida N. Rodriguez, Office of Intergovernmental Relations. Relations. Congressional and Intergovernmental Relations, Department of Housing and Authority: Section 7(d), Department of Accordingly, the Assistant Secretary Urban Development, 451 7th Street, Housing and Urban Development Act (42 for Congressional and SW., Room 10120, Washington, DC U.S.C. 3535(d)). Intergovernmental Relations designates 20410–6000, telephone number 202– Dated: September 30, 2011. the following Order of Succession: 708–0005. (This is not a toll-free Shaun Donovan, Section A. Order of Succession number.) Persons with hearing or Secretary. speech impairments may access this Subject to the provision of the [FR Doc. 2011–26053 Filed 10–6–11; 8:45 am] Vacancy Reform Act of 1998, during any number through TTY by calling the toll- BILLING CODE 4210–67–P free Federal Relay Service at 1–800– period when, by reason of absence, 877–8339. disability, or vacancy in office, the SUPPLEMENTARY INFORMATION: DEPARTMENT OF HOUSING AND Assistant Secretary for Congressional URBAN DEVELOPMENT and Intergovernmental Relations is not Section A. Authority Delegated available to exercise the powers or The Secretary hereby delegates to the [Docket No. FR–5516–D–01] perform the duties of the Office of the Assistant Secretary for Congressional Assistant Secretary for Congressional Order of Succession for the Office of and Intergovernmental Relations and Intergovernmental Relations, the Congressional and Intergovernmental authority and responsibility for following officials within the Office of Relations coordinating congressional and Congressional and Intergovernmental intergovernmental relations activities. In AGENCY: Office of the Assistant Relations are hereby designated to carrying out these responsibilities, the Secretary for Congressional and exercise the powers and perform the Assistant Secretary for Congressional Intergovernmental Relations, HUD. duties of the Office: and Intergovernmental Relations shall, ACTION: Notice of order of succession. (1) General Deputy Assistant among other duties: Secretary; 1. Direct and coordinate all matters, SUMMARY: In this notice, the Assistant (2) Deputy Assistant Secretary for except for appropriations matters Secretary for Congressional and Congressional and Intergovernmental (which will be conducted by the Office Intergovernmental Relations designates Relations; of the Chief Financial Officer in the Order of Succession for the Office of (3) Deputy Assistant Secretary for coordination with the Office of the Assistant Secretary for Intergovernmental Relations. Congressional and Intergovernmental Congressional and Intergovernmental Relations), regarding HUD’s Relations. This Order of Succession These officials shall perform the relationships with the Congress, supersedes all prior Orders of functions and duties of the office, congressional committees, and Succession for the Office of including the authority to waive individual members of Congress; Congressional and Intergovernmental regulations, in the order specified 2. Maintain liaison with Congress, the Relations. herein, and no official shall serve unless White House, and the Office of all the other officials, whose position DATES: Effective Date: September 30, Management and Budget on legislative titles precede his or hers in this order, 2011. matters of concern to HUD; are unable to act by reason of absence, 3. Provide advice to HUD principals FOR FURTHER INFORMATION CONTACT: disability, or vacancy in office. and other HUD officials on views on Aida N. Rodriguez, Office of Section B. Authority Superseded legislation of interest to HUD and Congressional and Intergovernmental recommend strategies on developing or Relations, Department of Housing and This Order of Succession supersedes pursuing legislation of interest to HUD; Urban Development, 451 7th Street, any prior Orders of Succession for the 4. Coordinate and ensure HUD’s SW., Room 10120, Washington, DC Office of Congressional and responsiveness to congressional 20410–6000, telephone number 202– Intergovernmental Relations.

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Authority: Section 7(d) of the Department Dated: September 30, 2011. of Housing and Urban Development Act, Peter A. Kovar, 42 U.S.C. 3535(d). Assistant Secretary for Congressional and Intergovernmental Relations. [FR Doc. 2011–26054 Filed 10–6–11; 8:45 am] BILLING CODE 4210–67–P

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Reader Aids Federal Register Vol. 76, No. 195 Friday, October 7, 2011

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

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. 3 CFR 61555, 61558, 61559, 61561 Presidential Documents 71...... 61257, 61258 Executive orders and proclamations 741–6000 Proclamations: 97...... 61038, 61040 The United States Government Manual 741–6000 8723...... 62283 8724...... 62285 Proposed Rules: Other Services 8725...... 62287 21...... 61999 39 ...... 61633, 61638, 61641, 741–6020 8726...... 62289 Electronic and on-line services (voice) 61643, 61645, 62321 Privacy Act Compilation 741–6064 8727...... 62291 Public Laws Update Service (numbers, dates, etc.) 741–6043 8728...... 62293 19 CFR 8729...... 62295 TTY for the deaf-and-hard-of-hearing 741–6086 201...... 61937 Executive Orders: 13585...... 62281 206...... 61937 207...... 61937 ELECTRONIC RESEARCH Administrative Orders: 210...... 61937 Memorandums: World Wide Web 351...... 61042 Full text of the daily Federal Register, CFR and other publications Memorandum of is located at: www.fdsys.gov. September 28, 21 CFR 2011 ...... 61247 Federal Register information and research tools, including Public Ch. I ...... 61565 Inspection List, indexes, and links to GPO Access are located at: 6 CFR 1301...... 61563 www.ofr.gov. Proposed Rules: 1309...... 61563 E-mail 31...... 62311 26 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 7 CFR 1...... 61946 an open e-mail service that provides subscribers with a digital 906...... 61249 301...... 61947 form of the Federal Register Table of Contents. The digital form 985...... 61933 602...... 61946 of the Federal Register Table of Contents includes HTML and Proposed Rules: Proposed Rules: PDF links to the full text of each document. 331...... 61228, 62312 1...... 62327 To join or leave, go to http://listserv.access.gpo.gov and select 810...... 61287 29 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 8 CFR Proposed Rules: 570...... 61289 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 100...... 61622 579...... 61289 service that notifies subscribers of recently enacted laws. 216...... 61288 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 245...... 61288 31 CFR and select Join or leave the list (or change settings); then follow 1...... 62297 9 CFR the instructions. 31...... 61046 FEDREGTOC-L and PENS are mailing lists only. We cannot 77...... 61251, 61253 respond to specific inquiries. Proposed Rules: 33 CFR 71...... 62313 Reference questions. Send questions and comments about the 100...... 62298 77...... 62313 Federal Register system to: [email protected] 165 ...... 61259, 61261, 61263, 78...... 62313 61947, 61950, 62301 The Federal Register staff cannot interpret specific documents or 90...... 62313 regulations. 121...... 61228, 62312 36 CFR Reminders. Effective January 1, 2009, the Reminders, including 10 CFR 7...... 61266 Rules Going Into Effect and Comments Due Next Week, no longer appear in the Reader Aids section of the Federal Register. This Proposed Rules: 39 CFR information can be found online at http://www.regulations.gov. 26...... 61625 122...... 61052 430...... 61999 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 431...... 61288 Proposed Rules: longer appears in the Federal Register. This information can be 111...... 62000 found online at http://bookstore.gpo.gov/. 11 CFR 40 CFR 104...... 61254 109...... 61254 9...... 61566 FEDERAL REGISTER PAGES AND DATE, OCTOBER 52...... 61054, 61057 61033–61248...... 3 13 CFR 82...... 61269 61249–61554...... 4 Proposed Rules: 180...... 61587, 61592 271...... 62303 61555–61932...... 5 121...... 61626, 62313 721...... 61566 61933–62280...... 6 124...... 62313 125...... 61626, 62313 Proposed Rules: 62281–62596...... 7 126...... 62313 52 ...... 61062, 61069, 61291, 127...... 62313 62002, 62004 98...... 61293 14 CFR 174...... 61647 39 ...... 61033, 61036, 61255, 180...... 61647

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42 CFR 47 CFR 247...... 61279 23...... 61978 110...... 62306 Ch. I ...... 62309 252...... 61279, 61282 600...... 61985 Proposed Rules: 32...... 61279 Proposed Rules: 622 ...... 61284, 61285, 62309 5...... 61294 52...... 61279 215...... 61296 648 ...... 61059, 61060, 61061, 73...... 61206 61...... 61279, 61956 225...... 61296 61995 64...... 61279, 61956 252...... 61296 679...... 61996 69...... 61279 9903...... 61660 44 CFR Proposed Rules: Proposed Rules: 49 CFR 17 ...... 61298, 61307, 61321, 64...... 61954 1...... 61295 61330, 61482, 61532, 61782, 67...... 61279 15...... 61655 18...... 61597 61826, 61856, 61896, 62016, Proposed Rules: 73...... 62330 19...... 61597 67 ...... 61070, 61295, 61649, 62165, 62213, 62259, 62504 62006, 62329 48 CFR 50 CFR 635...... 62331 206...... 61070 212...... 61279 17...... 61599, 61956 648...... 61661

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The text of laws is not H.R. 2608/P.L. 112–36 enacted public laws. To published in the Federal Continuing Appropriations Act, subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered 2012 (Oct. 5, 2011; 125 Stat. listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual 386) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List October 5, 2011 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO’s Federal Digital System specific inquiries sent to this available online at http:// (FDsys) at http://www.gpo.gov/ address. www.archives.gov/federal- fdsys. Some laws may not yet PENS is a free electronic mail register/laws. be available. notification service of newly

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