Vol. 77 Friday, No. 106 June 1, 2012

Pages 32391–32880

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 77, No. 106

Friday, June 1, 2012

Agency for International Development Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Meetings: NOTICES Advisory Committee on Voluntary Foreign Aid, 32496 Procurement List; Additions and Deletions, 32591–32593

Blind or Severely Disabled, Committee for Purchase From Commodity Futures Trading Commission People Who Are NOTICES See Committee for Purchase From People Who Are Blind or Agency Information Collection Activities; Proposals, Severely Disabled Submissions, and Approvals: Rules Relating to Review of National Futures Association Decisions in Disciplinary, Membership Denial, Broadcasting Board of Governors Registration, and Member Responsibility Actions, NOTICES 32593–32594 Meetings; Sunshine Act, 32496 Defense Department Bureau of Consumer Financial Protection NOTICES NOTICES 36(b)(1) Arms Sales, 32595–32601 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 32594–32595 Defense Advisory Committee on Women in the Services, 32601 Centers for Disease Control and Prevention Revised Non-Foreign Overseas Per Diem Rates, 32601– NOTICES 32612 Delegations of Authority: Patents and Inventions, 32642 Defense Nuclear Facilities Safety Board PROPOSED RULES Centers for Medicare & Medicaid Services FOIA Fee Schedule Update, 32433 RULES Education Department Medicare Program: Changes to Medicare Advantage and Medicare NOTICES Prescription Drug Benefit Programs for Contract Year Agency Information Collection Activities; Proposals, 2013 and Other Changes; Corrections, 32407–32408 Submissions, and Approvals: Office of Postsecondary Education; Assessing Program Performance, etc., 32612 Civil Rights Commission Proposed Priorities; Gaining Early Awareness and NOTICES Readiness for Undergraduate Programs: Meetings: College Savings Account Research Demonstration Project, Nevada Advisory Committee, 32496 32612–32621

Coast Guard Employee Benefits Security Administration RULES NOTICES Drawbridge Operations: Exemptions from Certain Prohibited Transaction Gulf Intracoastal Waterway, LA, 32393–32394 Restrictions, 32672–32686 The Straights, Harkers Island, NC, 32394 Proposed Exemptions from Certain Prohibited Transaction Safety Zones: Restrictions, 32686–32698 Catawba Island Club Fire Works Catawba Island Club, Port Clinton, OH; Racing for Recovery, Lake Erie, Energy Department Sterling State Park, Monroe, MI; Put-In-Bay See Energy Efficiency and Renewable Energy Office Fireworks, Foxs the Dock Pier, South Bass Island, See Federal Energy Regulatory Commission Put-In-Bay, OH, 32394–32397 NOTICES Energy Efficiency and Renewable Energy Office Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 32657–32658 Developing Large-Scale Renewable Energy Projects at Federal Facilities Using Private Capital Draft, 32621– Commerce Department 32622 See Foreign-Trade Zones Board See International Trade Administration Environmental Protection Agency See National Institute of Standards and Technology RULES See National Oceanic and Atmospheric Administration Pesticide Tolerances: NOTICES 2,6–Diisopropylnaphthalene (2,6–DIPN) and its Agency Information Collection Activities; Proposals, Metabolites and Degradates, 32401–32406 Submissions, and Approvals, 32496–32497 Fenamidone; Technical Amendment, 32400–32401

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Revisions to California State Implementation Plan: Federal Reserve System South Coast Air Quality Management District, 32398– NOTICES 32400 Changes in Bank Control: PROPOSED RULES Acquisitions of Shares of a Bank or Bank Holding Approvals and Promulgations of State Implementation Company, 32637 Plans: Meetings; Sunshine Act, 32637–32638 Oregon, 32481–32483 Approvals of Air Quality Implementation Plans: Fish and Wildlife Service California; San Joaquin Valley Unified Air Pollution PROPOSED RULES Control District; Prevention of Significant Endangered and Threatened Wildlife and Plants: Deterioration, 32493–32495 Revised Critical Habitat for Northern Spotted Owl, Revisions to California State Implementation Plan: 32483–32493 South Coast Air Quality Management District, 32483 NOTICES NOTICES Endangered and Threatened Wildlife and Plants; Incidental Ambient Air Monitoring Reference and Equivalent Take Permit Applications: Methods: Proposed Low-Effect Habitat Conservation Plan and Designation of Three New Equivalent Methods, 32632– Associated Documents; Riverside County, CA, 32633 32662–32664 Approvals of Test Marketing Exemptions for Certain New Chemicals, 32633–32635 Food and Drug Administration Environmental Impact Statements; Weekly Receipt, 32635– NOTICES 32636 Medical Devices; Exemptions from Premarket: Meetings: Powered Patient Transport, 32642–32644 Good Neighbor Environmental Board, 32636 Wheelchair Elevator, 32644–32645 Requests for Nominations: Good Neighbor Environmental Board, 32636–32637 Foreign-Trade Zones Board NOTICES Grants of Authority for Subzone Status: Executive Office of the President Mitsubishi Power Systems Americas, Inc., Fort Smith, See Presidential Documents AR, 32497–32498

Federal Aviation Administration Health and Human Services Department RULES See Centers for Disease Control and Prevention Amendments of Class E Airspace: See Centers for Medicare & Medicaid Services Colorado Springs, CO, 32393 See Food and Drug Administration PROPOSED RULES See Inspector General Office, Health and Human Services Airworthiness Directives: Department Bombardier Inc. Airplanes, 32439–32441 See National Institutes of Health The Boeing Company Airplanes, 32433–32437 See Substance Abuse and Mental Health Services Turbomeca S.A. Turboshaft Engines, 32437–32439 Administration Proposed Legal Interpretation, 32441–32444 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32638–32639 Federal Energy Regulatory Commission Calls for Nominations: NOTICES Health Information Technology Standards, and Health Applications: Information Technology Policy Committees, 32639– Denton, TX, 32623–32624 32640 Eastern Shore Natural Gas Co., 32624 Designations of Class of Employees for Addition to Special Lock 12 Hydro Partners, 32624–32625 Exposure Cohort, 32640–32641 Lock 14 Hydro Partners, 32622–32623 Meetings: William J. Stevenson, Estate of Lynn E. Stevenson; Black National Biodefense Science Board, 32641–32642 Canyon Bliss, LLC, 32625–32626 Petitions to Add Class of Employees to Special Exposure Environmental Impact Statements; Availability, etc.: Cohort; Determinations, 32642 Transcontinental Gas Pipe Line Co., LLC, Rockaway Delivery Lateral Project, 32626–32628 Homeland Security Department Environmental Onsite Reviews: See Coast Guard Columbia Gas Transmission, LLC, 32628–32629 See U.S. Citizenship and Immigration Services Filings: See U.S. Customs and Border Protection Black Canyon Hydro, LLC, 32629–32630 NOTICES Crosstex LIG, LLC, 32630–32631 Charter Renewals: North American Electric Reliability Corp., 32629 Critical Infrastructure Partnership Advisory Council, Preliminary Permit Applications: 32655 Public Utility District No. 1 of Klickitat County, WA, DHS Data Privacy and Integrity Advisory Committee, 32631 32655–32656 Temporary Waivers of Filing and Reporting Requirements: Membership Updates: Lion Oil Trading and Transportation, Inc.; Magnolia Critical Infrastructure Partnership Advisory Council, Pipeline Co.; El Dorado Pipeline Co., 32631–32632 32656–32657

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Housing and Urban Development Department Preliminary Determinations of Sales at Less Than Fair NOTICES Value: Agency Information Collection Activities; Proposals, Circular Welded Carbon-Quality Steel Pipe from India, Submissions, and Approvals: 32562–32567 Fiscal Year 2012 Disaster Recovery Grant Application Quarterly Updates to Annual Listings of Foreign and Setup in Disaster Recovery Grant Reporting Government Subsidies: System, 32661–32662 Articles of Cheese Subject to In-Quota Rate of Duty, Federal Properties Suitable as Facilities to Assist Homeless, 32567–32568 32662 Scope Rulings, 32568–32570

Inspector General Office, Health and Human Services International Trade Commission Department NOTICES Antidumping Duty Orders; Expedited Five-Year Reviews: NOTICES Pure Magnesium (Granular) from China, 32668–32669 Revision of Performance Standards for State Medicaid Initiations of Five-Year Reviews: Fraud Control Units, 32645–32648 Ammonium Nitrate from Ukraine, 32669–32671

Interior Department Justice Department See Fish and Wildlife Service NOTICES See Land Management Bureau Agency Information Collection Activities; Proposals, See National Indian Gaming Commission Submissions, and Approvals: See National Park Service Application for Approval as Provider of Personal Financial Management, 32671–32672 Internal Revenue Service Labor Department NOTICES Agency Information Collection Activities; Proposals, See Employee Benefits Security Administration Submissions, and Approvals, 32715–32716 See Mine Safety and Health Administration Land Management Bureau International Trade Administration NOTICES NOTICES Coal Explorations; Invitations to Participate: Antidumping Duty Administrative Reviews; Results, License Application WYW180763, Wyoming, 32665 Extensions, Amendments, etc.: Environmental Impact Statements; Availability, etc.: Brass Sheet and Strip from Germany, 32507–32508 Hollister Underground Mine Project, Elko County, NV, Certain Frozen Warmwater Shrimp from Brazil, 32498 32665–32666 Certain Lined Paper Products from People’s Republic of Meetings: China, 32498–32502 Pecos District Resource Advisory Council, NM, 32666 Certain Polyester Staple Fiber from Taiwan, 32503–32507 Circular Welded Carbon Steel Pipes and Tubes from Mine Safety and Health Administration Turkey, 32508–32513 NOTICES Hot-Rolled Flat-Rolled Carbon-Quality Steel Products Agency Information Collection Activities; Proposals, from Russian Federation, 32513–32517 Submissions, and Approvals: Stainless Steel Plate in Coils from Belgium, 32517–32522 Safety Standards for Roof Bolts in Metal and Nonmetal Antidumping Duty New Shipper Reviews; Results, Mines and Underground Coal Mines, 32698–32699 Extensions, Amendments, etc.: Tapered Roller Bearings and Parts Thereof, Finished and National Aeronautics and Space Administration Unfinished from People’s Republic of China, 32522– NOTICES 32527 Meetings: Antidumping Duty Orders; Initiations of Five-Year (Sunset) Aeronautics Committee; Unmanned Aircraft Systems Reviews, 32527–32528 Subcommittee, 32699 Antidumping or Countervailing Duty Orders, Findings, or Suspended Investigations: National Highway Traffic Safety Administration Advance Notification of Sunset Reviews, 32530–32531 NOTICES Opportunity to Request Administrative Review, 32528– Evaluation of Enhancing Vehicle-to-Vehicle Crash 32530 Compatibility Agreement: Meetings: Effectiveness of Primary and Secondary Energy-Absorbing Renewable Energy and Energy Efficiency Advisory Structures on Pickup Trucks and SUVs, 32712–32713 Committee, 32531 Preliminary Determinations of Sales at Less than Fair Value National Indian Gaming Commission and Postponements of Final Determinations: PROPOSED RULES Circular Welded Carbon-Quality Steel Pipe from Socialist Minimum Internal Control Standards, 32444–32465 Republic of Vietnam, 32552–32562 Technical Standards, 32465–32481 Preliminary Determinations of Sales at Less Than Fair Value and Postponements of Final Determinations: National Institute of Standards and Technology Circular Welded Carbon-Quality Steel Pipe from NOTICES Sultanate of Oman, 32531–32539 Meetings: Circular Welded Carbon-Quality Steel Pipe from United Visiting Committee on Advanced Technology, 32570– Arab Emirates, 32539–32552 32571

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National Institutes of Health ADMINISTRATIVE ORDERS NOTICES Government Agencies and Employees: Agency Information Collection Activities; Proposals, Digital Services; Efficient and Coordinated Delivery Submissions, and Approvals: (Memorandum of May 23, 2012), 32391–32392 CareerTrac, 32648–32649 Meetings: Securities and Exchange Commission Center for Scientific Review, 32649–32653 NOTICES Eunice Kennedy Shriver National Institute of Child Applications for Deregistration, 32702–32703 Health and Human Development, 32651–32652 Self-Regulatory Organizations; Proposed Rule Changes: National Heart, Lung, and Blood Institute, 32651 Chicago Board Options Exchange, Inc., 32707–32708 National Institute of Arthritis and Musculoskeletal and Financial Industry Regulatory Authority, Inc., 32703– Skin Diseases, 32651–32652 32704 National Institute of Mental Health, 32649 Municipal Securities Rulemaking Board, 32704–32707 National Institute of Nursing Research, 32652 Small Business Administration National Oceanic and Atmospheric Administration NOTICES RULES Major Disaster Declarations: Atlantic Coastal Fisheries Cooperative Management Act Kansas, 32708 Provisions: Social Security Administration American Lobster Fishery, 32420–32432 Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: NOTICES Snapper–Grouper Fishery off Southern Atlantic States; Privacy Act; Computer Matching Program, 32709–32710 Amendment 18A, 32408–32420 NOTICES State Department Applications: NOTICES Marine Mammals; File No. 14856, 32571–32572 Agency Information Collection Activities; Proposals, Fisheries of the Caribbean, Gulf of Mexico, and South Submissions, and Approvals: Atlantic: Affidavit of Physical Presence or Residence, Parentage Coral and Coral Reefs off Southern Atlantic States; and Support, 32710–32711 Exempted Fishing Permit; Correction, 32572 Request for Entry Into Children’s Passport Issuance Alert Meetings: Program, 32710 National Climate Assessment and Development Advisory Special Immigrant Visa Biodata, 32711 Committee, 32572–32573 Culturally Significant Objects Imported for Exhibition New England Fishery Management Council, 32573 Determinations: Takes of Marine Mammals Incidental to Specified Messerschmidt and Modernity, 32711–32712 Activities: Meetings: Construction and Race Event Activities for 34th 100,000 Strong Initiative Federal Advisory Committee, America’s Cup in San Francisco Bay, CA, 32573– 32712 32591 Substance Abuse and Mental Health Services Administration National Park Service NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Current List of Laboratories and Instrumented Initial Alcatraz Ferry Embarkation Site, Golden Gate National Testing Facilities which Meet Minimum Standards to Recreation Area, San Francisco and Marin Counties, Engage in Urine Drug Testing for Federal Agencies, CA, 32667–32668 32653–32655 Meetings: Kalaupapa Federal Advisory Commission, 32668 Surface Transportation Board NOTICES National Science Foundation Abandonment Exemptions: NOTICES Jackson, Gordonville and Delta Railroad Co., Cape Agency Information Collection Activities; Proposals, Girardeau County, MO, 32714 Submissions, and Approvals, 32699–32701 Operation Exemptions: Antarctic Conservation Act Permit Applications, 32701– Saratoga and North Creek Railway, LLC; Tahawus Line, 32702 32714–32715 Meetings: Proposal Review, 32702 Transportation Department See Federal Aviation Administration Presidential Documents See National Highway Traffic Safety Administration PROCLAMATIONS See Surface Transportation Board Special Observances: National Hurricane Preparedness Week (Proc. 8830), Treasury Department 32877–32878 See Internal Revenue Service Prayer for Peace, Memorial Day (Proc. 8831), 32879– See United States Mint 32880 NOTICES Vietnam War; Commemoration of the 50th Anniversary Agency Information Collection Activities; Proposals, (Proc. 8829), 32873–32876 Submissions, and Approvals, 32715

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U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Separate Parts In This Issue Affidavit of Support, 32658–32659 H–2 Petitioner’s Employment Related or Fee Related Notification, 32659–32660 Part II National Interest Waivers, Supplemental Evidence, 32660 Homeland Security Department, U.S. Customs and Border Request to Enforce Affidavit of Financial Support and Protection, 32718–32871 Intent to Petition for Custody for Amerasian, 32660– 32661 Part III U.S. Customs and Border Protection Presidential Documents, 32873–32880 NOTICES Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers, 32718–32871 Reader Aids United States Mint Consult the Reader Aids section at the end of this page for NOTICES phone numbers, online resources, finding aids, reminders, Price for 2012 American Eagle San Francisco Two-Coin and notice of recently enacted public laws. Silver Proof Set, 32716 To subscribe to the Federal Register Table of Contents Veterans Affairs Department LISTSERV electronic mailing list, go to http:// RULES listserv.access.gpo.gov and select Online mailing list Servicemembers’ Group Life Insurance Traumatic Injury archives, FEDREGTOC-L, Join or leave the list (or change Protection Program: settings); then follow the instructions. Genitourinary Losses, 32397–32398

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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: 8829...... 32875 8830...... 32877 8831...... 32879 Administrative Orders: Memorandums: Memorandum of May 23, 2012 ...... 32391 10 CFR Proposed Rules: 1703...... 32433 14 CFR 71...... 32393 Proposed Rules: 39 (3 documents) ...... 32433, 32437, 32439 121...... 32441 25 CFR Proposed Rules: 543...... 32444 547...... 32465 33 CFR 117 (2 documents) ...... 32393, 32394 165...... 32394 38 CFR 9...... 32397 40 CFR 52...... 32398 180 (3 documents) ...... 32400, 32401 Proposed Rules: 52 (2 documents) ...... 32481, 32483, 32493 42 CFR 417...... 32407 422...... 32407 423...... 32407 50 CFR 622...... 32408 697...... 32420 Proposed Rules: 17...... 32483

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Federal Register Presidential Documents Vol. 77, No. 106

Friday, June 1, 2012

Title 3— Memorandum of May 23, 2012

The President Building a 21st Century Digital Government

Memorandum for the Heads of Executive Departments and Agencies

The innovative use of technology is fundamentally transforming how the American people do business and live their daily lives. Exponential increases in computing power, the rise of high-speed networks, and the growing mobile revolution have put the Internet at our fingertips, encouraging innova- tions that are giving rise to new industries and reshaping existing ones. Innovators in the private sector and the Federal Government have used these technological advances to fundamentally change how they serve their customers. However, it is time for the Federal Government to do more. For far too long, the American people have been forced to navigate a labyrinth of information across different Government programs in order to find the services they need. In addition, at a time when Americans increasingly pay bills and buy tickets on mobile devices, Government services often are not optimized for smartphones or tablets, assuming the services are even available online. On April 27, 2011, I issued Executive Order 13571 (Streamlining Service Delivery and Improving Customer Service), requiring executive departments and agencies (agencies) to, among other things, identify ways to use innova- tive technologies to streamline their delivery of services to lower costs, decrease service delivery times, and improve the customer experience. As the next step toward modernizing the way Government works, I charged my Federal Chief Information Officer (CIO) with developing a comprehensive Government-wide strategy to build a 21st century digital Government that delivers better digital services to the American people. Today, the CIO is releasing that strategy, entitled ‘‘Digital Government: Build- ing a 21st Century Platform to Better Serve the American People’’ (Strategy), which provides agencies with a 12-month roadmap that focuses on several priority areas. The Strategy will enable more efficient and coordinated digitalservice delivery by requiring agencies to establish specific, measurable goals for delivering better digital services; encouraging agencies to deliver information in new ways that fully utilize the power and potential of mobile and web-based technologies; ensuring the safe and secure delivery and use of digital services to protect information and privacy; requiring agencies to establish central online resources for outside developers and to adopt new standards for making applicable Government information open and machine-readable by default; aggregating agencies’ online resource pages for developers in a centralized catalogue on www.Data.gov; and requiring agencies to use web performance analytics and customer satisfaction measure- ment tools on all ‘‘.gov’’ websites. Ultimately, this Strategy will ensure that agencies use emerging technologies to serve the public as effectively as possible. As a Government, and as a trusted provider of services, we must never forget who our customers are—the American people. In order to ensure that agencies make the best use of emerging technologies in serving the public, I hereby direct each agency to take the following actions:

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(1) implement the requirements of the Strategy within 12 months of the date of this memorandum and comply with the timeframes for specific actions specified therein; and (2) within 90 days of the date of this memorandum, create a page on its website, located at www.[agency].gov/digitalstrategy, to publicly report progress in meeting the requirements of the Strategy in a machine- readable format. This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations, and with appropriate protec- tions for privacy and civil liberties. The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, May 23, 2012

[FR Doc. 2012–13470 Filed 5–31–12; 8:45 am] Billing code 3295–F2–P

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Rules and Regulations Federal Register Vol. 77, No. 106

Friday, June 1, 2012

This section of the FEDERAL REGISTER System. This rule was originally Issued in Seattle, Washington, on May 23, contains regulatory documents having general scheduled to become effective May 31, 2012. applicability and legal effect, most of which 2012; however, a need for additional John Warner, are keyed to and codified in the Code of internal processing requires a delay in Manager, Operations Support Group, Western Federal Regulations, which is published under the effective date until September 20, Service Center. 50 titles pursuant to 44 U.S.C. 1510. 2012. [FR Doc. 2012–13385 Filed 5–30–12; 4:15 pm] The Code of Federal Regulations is sold by The FAA has determined that this BILLING CODE 4910–13–P the Superintendent of Documents. Prices of regulation only involves an established new books are listed in the first FEDERAL body of technical regulations for which REGISTER issue of each week. frequent and routine amendments are DEPARTMENT OF HOMELAND necessary to keep them operationally SECURITY current. Therefore, this regulation: (1) Is DEPARTMENT OF TRANSPORTATION not a ‘‘significant regulatory action’’ Coast Guard under Executive Order 12866; (2) is not Federal Aviation Administration a ‘‘significant rule’’ under Department of 33 CFR Part 117 Transportation (DOT) Regulatory 14 CFR Part 71 [Docket No. USCG–2012–0457] Policies and Procedures (44 FR 11034; [Docket No. FAA–2011–1191; Airspace February 26, 1979); and (3) does not Drawbridge Operation Regulation; Gulf Docket No. 11–ANM–21] warrant preparation of a regulatory Intracoastal Waterway, LA evaluation as the anticipated impact is Amendment of Class E Airspace; so minimal. Since this is a routine AGENCY: Coast Guard, DHS. Colorado Springs, CO matter that will only affect air traffic ACTION: Notice of temporary deviation from regulations. AGENCY: Federal Aviation procedures and air navigation, it is certified that this rule, when Administration (FAA), DOT. SUMMARY: promulgated, will not have a significant The Commander, Eighth ACTION: Final rule; delay of effective economic impact on a substantial Coast Guard District, has issued a date. number of small entities under the temporary deviation from the regulation criteria of the Regulatory Flexibility Act. governing the operation of the Lapalco SUMMARY: This action delays the Boulevard bascule span drawbridge The FAA’s authority to issue rules effective date for the amendment of across the Harvey Canal Route, Gulf regarding aviation safety is found in Class E airspace at City of Colorado Intracoastal Waterway (GIWW), mile 2.8 Title 49 of the United States Code. Springs Municipal Airport, Colorado at New Orleans, Jefferson Parish, Subtitle I, Section 106 describes the Springs, CO, until September 20, 2012. Louisiana. The deviation is necessary to authority of the FAA Administrator. The FAA is taking this action to allow allow for the removal and replacement Subtitle VII, Aviation Programs, additional time for processing and of the span locks of the bridge. This describes in more detail the scope of the charting. deviation allows the bridge to remain agency’s authority. closed for sixty consecutive hours DATES: The effective date for final rule This rulemaking is promulgated during two consecutive weekends. published February 21, 2012, at 77 FR under the authority described in 9840, is delayed until September 20, Subtitle VII, Part A, Subpart I, Section DATES: This deviation is effective from 2012. The Director of the Federal 40103. Under that section, the FAA is 6 p.m. on Friday, June 22, 2012 until Register approves this incorporation by charged with prescribing regulations to 6 a.m. on Monday, July 2, 2012. reference action under 1 CFR part 51, assign the use of the airspace necessary ADDRESSES: Documents mentioned in subject to the annual revision of FAA to ensure the safety of aircraft and the this preamble as being available in the Order 7400.9 and publication of efficient use of airspace. This regulation docket are part of docket USCG–2012– conforming amendments. is within the scope of that authority as 0457 and are available online by going FOR FURTHER INFORMATION CONTACT: it amends controlled airspace at City of to http://www.regulations.gov, inserting Eldon Taylor, Federal Aviation Colorado Springs Municipal Airport, USCG–2012–0457 in the ‘‘Keyword’’ Administration, Operations Support Colorado Springs, CO. box and then clicking ‘‘Search’’. They Group, Western Service Center, 1601 are also available for inspection or Lind Avenue SW., Renton, WA 98057; List of Subjects in 14 CFR Part 71 copying at the Docket Management telephone (425) 203–4537. Airspace, Incorporation by reference, Facility (M–30), U.S. Department of SUPPLEMENTARY INFORMATION: Navigation (air). Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey History Delay of Effective Date Avenue SE., Washington, DC 20590, On February 21, 2012, the FAA The effective date on Airspace Docket between 9 a.m. and 5 p.m., Monday published in the Federal Register a final No. 11–ANM–21, published in the through Friday, except Federal holidays. rule amending Class E airspace at City Federal Register on February 21, 2012 FOR FURTHER INFORMATION CONTACT: If of Colorado Springs Municipal Airport, (77 FR 9840), is hereby delayed from you have questions on this rule, call or Colorado Springs, CO (77 FR 9840). May 31, 2012, to September 20, 2012. email David Frank, Bridge Branch Airspace reconfiguration is necessary Authority: 49 U.S.C. 106(g), 40103, 40113, Office, Coast Guard; telephone 504– due to the decommissioning of the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 671–2128, email David.M.Frank@uscg. Black Forest Tactical Air Navigation 1963 Comp., p. 389. mil. If you have questions on viewing

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the docket, call Renee V. Wright, DEPARTMENT OF HOMELAND the Route 70/Harkers Island Bridge to Program Manager, Docket Operations, SECURITY facilitate necessary repairs. The repairs telephone 202–366–9826. consist of the maintenance to the bridge SUPPLEMENTARY INFORMATION: Jefferson Coast Guard motor. Under this deviation, the swing Parish has requested a temporary span of the drawbridge will be deviation from the operating schedule 33 CFR Part 117 maintained in the closed-to-navigation for the Lapalco Boulevard Bridge across [Docket No. USCG–2012–0444] position from 9 a.m. on June 12, 2012, the Harvey Canal Route, Intracoastal through 3 p.m. on June 13, 2012. Waterway, mile 2.8 at New Orleans, Drawbridge Operation Regulation; The Bridge opening data, supplied by Jefferson Parish, Louisiana. The bridge Straights, Harkers Island, NC Harkers Island Bridge Tender and has a vertical clearance of 45 feet above reviewed by the Coast Guard, revealed mean high water in the closed-to- AGENCY: Coast Guard, DHS. that the bridge opened for vessels on navigation position and unlimited in the ACTION: Notice of temporary deviation average 2 times in a 24 hour period open-to-navigation position; however, from regulations. during early June. during the deviation time periods, the The Coast Guard will also inform the SUMMARY: vertical clearance beneath the bridge The Commander, Fifth Coast users of the waterway, through our will be reduced to 35 feet above mean Guard District, has issued a temporary Local and Broadcast Notices to high water. deviation from the regulations Mariners, of the closure period so that In accordance with 33 CFR governing the operation of the Route 70/ vessels can arrange their transits to 117.451(a), the bridge currently opens Harkers Island Bridge across The minimize any impact caused by the on signal for the passage of vessels; Straights, at Harkers Island, NC. The temporary deviation. except that, from 6:30 a.m. to 8:30 a.m. deviation is necessary to facilitate Vessels that can pass under the bridge and from 3:45 p.m. to 5:45 p.m. Monday maintenance to the bridge motor. This without a bridge opening may continue through Friday except holidays, the deviation allows the bridge to remain to do so at anytime. There are several draw need not be opened for the passage closed-to-navigation while the alternate routes available for vessels of vessels. This deviation allows the maintenance is conducted. with mast heights greater than 14 feet. bridge to remain closed to navigation DATES: This deviation is effective from In the event of an emergency, the from 6 p.m. on Friday, June 22, 2012 9 a.m. on June 12, 2012 through 3 p.m. drawbridge will not be able to open for until 6 a.m. on Monday, June 25, 2012 on June 13, 2012. vessels. and from 6 p.m. on Friday, June 29, ADDRESSES: Documents mentioned in In accordance with 33 CFR 117.35(e), 2012 until 6 a.m. on Monday, July 2, this preamble as being available in the the drawbridge must return to its regular 2012. At all other times, the bridge will docket USCG–2012–0444 and are operating schedule immediately at the open on signal for the passage of vessels available online by going to http://www. end of the designated time period. This in accordance with 33 CFR 117.451(a). regulations.gov, inserting USCG–2012– deviation from the operating regulation The closure is necessary in order to 0444 in the ‘‘Keyword’’ box and then is authorized under 33 CFR 117.35. remove and replace the span lock clicking ‘‘Search’’. This material is also Dated: May 22, 2012. systems. This maintenance is essential available for inspection or copying at Waverly W. Gregory, Jr., for the continued operation of the the Docket Management Facility (M–30), bridge. Notices will be published in the Bridge Program Manager, Fifth Coast Guard U.S. Department of Transportation, District. Eighth Coast Guard District Local Notice West Building Ground Floor, Room [FR Doc. 2012–13384 Filed 5–31–12; 8:45 am] to Mariners and will be broadcast via W12–140, 1200 New Jersey Avenue SE., the Coast Guard Broadcast Notice to Washington, DC 20590, between 9 a.m. BILLING CODE 9110–04–P Mariners System. and 5 p.m., Monday through Friday, Navigation on the waterway consists except Federal holidays. mainly of tugs with tows with some DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: If SECURITY commercial fishing vessels and you have questions on this rule, call or recreational craft. Coordination between email Mr. Jim Rousseau, Bridge Coast Guard the Coast Guard and the waterway users Administration Branch, Fifth Coast determined that there should not be any Guard District; telephone 757–398– 33 CFR Part 165 significant effects on these vessels. An 6557, email James.L.Rousseau2@ [Docket No. USCG–2012–0374] alternate route is available via the uscg.mil. If you have questions on GIWW (Algiers Alternate Route). The viewing the docket, call Renee V. RIN 1625–AA00 bridge can open during the maintenance Wright, Program Manager, Docket for emergencies. Opening the bridge Operations, telephone 202–366–9826. Safety Zones: Catawba Island Club will take approximately 90 minutes to Fire Works, Catawba Island Club, Port SUPPLEMENTARY INFORMATION: The North remove the tarps and equipment as Clinton, OH; Racing for Recovery, Lake Carolina Department of Transportation required to open the bridge. Erie, Sterling State Park, Monroe, MI; (NCDOT) owns and operates the swing In accordance with 33 CFR 117.35(e), Put-in-Bay Fireworks, Fox’s the Dock span of the Route 70/Harkers Island the drawbridge must return to its regular Pier, South Bass Island, Put-in-Bay, Bridge across The Straights, in Harkers operating schedule immediately at the OH end of the designated time period. This Island, NC. The bridge has a vertical deviation from the operating regulations clearance in the closed position to AGENCY: Coast Guard, DHS. is authorized under 33 CFR 117.35. vessels of 14 feet, above mean high ACTION: Temporary final rule. water. The current operating regulations Dated: May 17, 2012. are outlined at 33 CFR 117.5, which SUMMARY: The Coast Guard is David M. Frank, require the bridge to open when a establishing three temporary safety Bridge Administrator. request or signal to open is given. zones in the waters of Lake Erie in the [FR Doc. 2012–13357 Filed 5–31–12; 8:45 am] NCDOT has requested a temporary vicinity of Catawba Island, Port Clinton, BILLING CODE 9110–04–P deviation to the existing regulations for OH; on Lake Erie in the vicinity of

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Sterling State Park, Monroe, MI; and on Coast Guard to solicit public comments The Racing for Recovery Half & Sprint Lake Erie in the vicinity of South Bass before the start of the fireworks and safety zone will include all waters of Island, Put-in-Bay, OH. These zones are race. Thus, waiting for a notice and Lake Erie bound by a line beginning intended to restrict vessels from comment period to run would inhibit onshore at 41°54″14″ N; 083°20′01″ W to portions of Lake Erie during the the Coast Guard from protecting the 41°54′13″ N; 083°19′48″ W to 41°54′50″ Catawba Island Club Memorial Day public and vessels from the hazards N; 083°19′39″ W to 41°54′51″ N; Fireworks event, the event known as associated with the race and with 083°19′52″ W (NAD 83), and from ‘‘Racing for Recovery, Half & Sprint,’’ maritime fireworks displays. thence along the shoreline to the and for the two fireworks events at Put- Under 5 U.S.C. 553(d)(3), the Coast beginning. This safety zone will be in-Bay. These temporary safety zones Guard finds that good cause exists for enforced from 7 a.m. until 9 a.m. on are necessary to protect people and making these rules effective less than 30 June 3, 2012. vessels from the hazards associated with days after publication in the Federal The Put-in-Bay Fireworks events these events. Register. Delaying these rules would be safety zone will encompass all U.S. DATES: This rule is effective in the Code impracticable for the the same reasons navigable waters of Lake Erie within a of Federal Regulations from June 1, 2012 discussed in the preceding paragraph. 66-yard radius of the fireworks launch until 10:30 p.m. on June 23, 2012. The ° ′ ″ Background and Purpose site located at position 41 39 19 N, safety zone has been enforced with 082°48′57″ W (NAD 83). This safety actual notice since 9:15 p.m. on May 27, On May 27, 2012, the Catawba Island zone will be enforced from 9:15 p.m. 2012. Club Fireworks event will be held on until 10:30 p.m. on June 16, 2012 and ADDRESSES: Documents indicated in this the waters of Lake Erie. The fireworks again on June 23, 2012. preamble as being available in the will be launched from a point located at Entry into, transiting, or anchoring docket are part of docket USCG–2012– position 41°34′18.10″ N, 082°51′18.70″ within the safety zones established by 0374 and are available online by going W (NAD 83). They will be launched this rule is prohibited unless authorized to http://www.regulations.gov, inserting approximately between the hours of by the Captain of the Port Detroit or his USCG–2012–0374 in the ‘‘Keyword’’ 9:15 p.m. and 9:45 p.m. designated on-scene representative. The box, and then clicking ‘‘Search.’’ They On June 3, 2012, the Racing for Captain of the Port or his on-scene are also available for inspection or Recovery Half & Sprint triathlon will representative may be contacted via copying at the Docket Management take place on the waters of Lake Erie in VHF Channel 16. All persons and Facility (M–30), U.S. Department of the vicinity of Sterling State Park, vessels shall comply with the Transportation, West Building Ground Monroe, MI. The triathlon will take instructions of the Coast Guard Captain Floor, Room W12–140, 1200 New Jersey place from 7 a.m. until 9 a.m. of the Port or the on-scene Avenue SE., Washington, DC 20590, On June 16, 2012 and again on June representative. between 9 a.m. and 5 p.m., Monday 23, 2012, the Put-In-Bay Fireworks through Friday, except Federal holidays. event will take place on the waters of Regulatory Analyses FOR FURTHER INFORMATION CONTACT: If Lake Erie. The fireworks will be you have questions on this temporary launched from a point located at We developed this proposed rule after rule, call or email the Marine Events position 41°39′19″ N, 082°48′57″ W considering numerous statutes and Coordinator, ENS Benjamin Nessia, (NAD 83). They will be launched executive orders related to rulemaking. Marine Safety Unit, Toledo, 420 approximately between the hours of Below we summarize our analyses Madison Avenue, Suite 700, Toledo, OH 9:15 p.m. and 10:30 p.m. on each day. based on a number of these statutes or 43604; (419) 418–6040, email The Captain of the Port Detroit has executive orders. [email protected]. If you determined that these fireworks Regulatory Planning and Review have questions on viewing the docket, displays and the triathlon will present call Renee V. Wright, Program Manager, hazards to participants and spectators. This rule is not a significant Docket Operations, telephone 202–366– Such hazards include obstructions to regulatory action under section 3(f) of 9826. the waterway that may cause marine Executive Order 12866, Regulatory SUPPLEMENTARY INFORMATION: casualties, vessels colliding with Planning and Review, and does not swimmers that may cause death or require an assessment of potential costs Regulatory Information serious bodily harm, and the explosive and benefits under section 6(a)(3) of that The Coast Guard is issuing this danger of fireworks and debris falling Order. The Office of Management and temporary final rule without prior into the water that may cause death or Budget has not reviewed them under notice and opportunity to comment serious bodily harm. that Order. It is not ‘‘significant’’ under pursuant to authority under section 4(a) the regulatory policies and procedures Discussion of Rule of the Administrative Procedure Act of the Department of Homeland Security (APA) (5 U.S.C. 553(b)). This provision Because of the aforementioned safety (DHS). We conclude that this rule is not authorizes an agency to issue a rule concerns, the Captain of the Port Detroit a significant regulatory action because without prior notice and opportunity to has determined that temporary safety we anticipate that during the short time comment when the agency for good zones are necessary to ensure the safety these zones will be in effect, they will cause finds that those procedures are of spectators and vessels for each of the have minimal impact on the economy, ‘‘impracticable, unnecessary, or contrary aforementioned events. The Catawba will not interfere with other agencies, to the public interest.’’ Under 5 U.S.C. Island Fireworks Display safety zone will not adversely alter the budget of 553(b)(B), the Coast Guard finds that will encompass all U.S. navigable any grant or loan recipients, and will good cause exists for not publishing a waters of Lake Erie within a 250-yard not raise any novel or legal policy issue. notice of proposed rulemaking (NPRM) radius of the fireworks launch site The safety zones will be enforced for a with respect to these rules because located at position 41°34′18.10″ N, relatively short amount of time, and doing so would be impracticable. The 082°51′18.70″ W (NAD 83). This safety vessels may still pass through the zones details of these emergent events were zone will be enforced from 9:15 p.m. with permission of the Captain of the not received in sufficient time for the until 9:45 p.m. on May 27, 2012. Port Detroit.

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Small Entities responsiveness to small business. If you Protection of Children Under the Regulatory Flexibility Act wish to comment on actions by We have analyzed this rule under (5 U.S.C. 601–612), we have considered employees of the Coast Guard, call Executive Order 13045, Protection of whether this rule would have a 1–888–REG–FAIR (1–888–734–3247). Children from Environmental Health significant economic impact on a The Coast Guard will not retaliate Risks and Safety Risks. This rule is not substantial number of small entities. against small entities that question or economically significant rule and does The term ‘‘small entities’’ comprises complain about this rule or any policy not create an environmental risk to small businesses, not-for-profit or action of the Coast Guard. health or risk to safety that may organizations that are independently Collection of Information disproportionately affect children. owned and operated and are not Indian Tribal Governments dominant in their fields, and This rule calls for no new collection governmental jurisdictions with of information under the Paperwork This rule does not have tribal populations of less than 50,000. Reduction Act of 1995 (44 U.S.C. 3501– implications under Executive Order The Coast Guard certifies under 5 3520). 13175, Consultation and Coordination with Indian Tribal Governments, U.S.C. 605(b) that this rule will not have Federalism a significant economic impact on a because it does not have a substantial substantial number of small entities. A rule has implications for federalism direct effect on one or more Indian This rule will affect the following under Executive Order 13132, tribes, on the relationship between the entities, some of which may be small Federalism, if it has a substantial direct Federal Government and Indian tribes, entities: the owners or operators of effect on State or local governments and or on the distribution of power and vessels intending to transit or anchor in would either preempt State law or responsibilities between Federal any portion of the following locations: impose a substantial direct cost of Government and Indian tribes. Lake Erie, Catawba Island, Port Clinton, compliance on them. We have analyzed Energy Effects OH between 9:15 p.m. and 9:45 p.m. on this rule under that Order and have We have analyzed this rule under May 27, 2012; Lake Erie, Sterling State determined that it does not have Executive Order 13211, Actions Park, Monroe, MI, from 7 a.m. until 9 implications for federalism. Concerning Regulations That a.m. on June 3, 2012; Lake Erie, South Unfunded Mandates Reform Act Significantly Affect Energy Supply, Bass Island, Put-in-Bay, OH from 9:15 Distribution, or Use. We have p.m. until 10:30 p.m. on June 16, 2012 The Unfunded Mandates Reform Act determined that it is not a ‘‘significant and June 23, 2012. of 1995 (2 U.S.C. 1531–1538) requires energy action’’ under that order because The safety zones created by this rule Federal agencies to assess the effects of they are not a ‘‘significant regulatory will not have a significant economic their discretionary regulatory actions. In action’’ under Executive Order 12866 impact on a substantial number of small particular, the Act addresses actions and is not likely to have a significant entities for the following reasons: each that may result in the expenditure by a adverse effect on the supply, safety zone will only be enforced for a State, local, or tribal government, in the distribution, or use of energy. The relatively short time—approximately aggregate, or by the private sector of Administrator of the Office of thirty minutes to two hours. In the event $100,000,000 (adjusted for inflation) or Information and Regulatory Affairs has that these temporary safety zones affect more in any one year. Though this rule not designated this rule as a significant shipping, commercial vessels may will not result in such an expenditure, energy action. Therefore, it does not request permission from the Captain of we do discuss the effects of this rule require a Statement of Energy Effects the Port, Sector Detroit to transit elsewhere in this preamble. under Executive Order 13211. through the safety zone(s). The Coast Guard will give notice to the public via Protest Activities Technical Standards a Broadcast Notice to Mariners that the The Coast Guard respects the First The National Technology Transfer regulations are in effect. Additionally, Amendment rights of protesters. and Advancement Act (NTTAA) (15 the COTP will suspend enforcement of Protesters are asked to contact the U.S.C. 272 note) directs agencies to use the safety zone if the event for which person listed in the FOR FURTHER voluntary consensus standards in their the zone is established ends earlier than INFORMATION CONTACT section to regulatory activities unless the agency the time expected. coordinate protest activities so that your provides Congress, through the Office of Assistance for Small Entities message can be received without Management and Budget, with an explanation of why using these Under section 213(a) of the Small jeopardizing the safety or security of people, places or vessels. standards would be inconsistent with Business Regulatory Enforcement applicable law or otherwise impractical. Fairness Act of 1996 (Pub. L. 104–121), Taking of Private Property Voluntary consensus standards are we offer to assist small entities in technical standards (e.g., specifications understanding this rule so that they can This rule will not cause a taking of of materials, performance, design, or better evaluate its effects on them and private property or otherwise have operation; test methods; sampling participate in the rulemaking process. taking implications under Executive procedures; and related management Small businesses may send comments Order 12630, Governmental Actions and systems practices) that are developed or on the actions of Federal employees Interference with Constitutionally adopted by voluntary consensus who enforce, or otherwise determine Protected Property Rights. standards bodies. This rule does not use compliance with, Federal regulations to Civil Justice Reform technical standards. Therefore, we did the Small Business and Agriculture not consider the use of voluntary Regulatory Enforcement Ombudsman This rule meets applicable standards consensus standards. and the Regional Small Business in sections 3(a) and 3(b)(2) of Executive Regulatory Fairness Boards. The Order 12988, Civil Justice Reform, to Environment Ombudsman evaluates these actions minimize litigation, eliminate We have analyzed this rule under annually and rates each agency’s ambiguity, and reduce burden. Department of Homeland Security

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Management Directive 023–01 and (2) Enforcement period. This safety SUMMARY: The Department of Veterans Commandant Instruction M16475.lD, zone will be enforced between 7 a.m. Affairs (VA) is issuing this final rule which guide the Coast Guard in until 9 a.m. on June 3, 2012. that amends the regulations governing complying with the National (c) Put-in-Bay Fireworks. (1) Location. the Servicemembers’ Group Life Environmental Policy Act of 1969 The following area is a temporary safety Insurance Traumatic Injury Protection (NEPA) (42 U.S.C. 4321–4370f), and zone: all U.S. navigable waters of Lake (TSGLI) program by adding certain have concluded this action is one of a Erie within a 66-yard radius of the genitourinary (GU) system losses to the category of actions which do not fireworks launch site located at position TSGLI Schedule of Losses and defining individually or cumulatively have a 41°39′19″ N, 082°48′57″ W (NAD 83). terms relevant to these new losses. This significant effect on the human (2) Enforcement period. This safety amendment is necessary to make environment. This rule is categorically zone will be enforced between 9:15 p.m. qualifying GU losses a basis for paying excluded, under figure 2–1, paragraph and 10:30 p.m. on June 16, 2012 and TSGLI benefits to servicemembers with (34) of the Instruction because it again on June 23, 2012. severe GU injuries. The intended effect involves the establishment of safety (d) Regulations. (1) In accordance is to expand the list of losses for which zones. An environmental analysis check with the general regulations in section TSGLI payments can be made. This list and categorical exclusion 165.23 of this part, entry into, transiting, document adopts as a final rule, without determination are available in the or anchoring within the safety zones change, the interim final rule published docket where indicated under established by this rule is prohibited in the Federal Register on December 2, ADDRESSES. unless authorized by the Captain of the 2011. Port Detroit, or his designated on-scene List of Subjects in 33 CFR Part 165 DATES: Effective Date: This rule is representative. effective June 1, 2012. Harbors, Marine safety, Navigation (2) These safety zones are closed to all Applicability Date: VA will apply this (water), Reporting and recordkeeping vessel traffic, except as may be rule to injuries incurred on or after requirements, Security measures, permitted by the Captain of the Port October 7, 2001. Waterways. Detroit or his designated on-scene FOR FURTHER INFORMATION CONTACT: For the reasons discussed in the representative. Monica Keitt, Attorney/Advisor, preamble, the Coast Guard amends 33 (3) The ‘‘on-scene representative’’ of Department of Veterans Affairs Regional CFR part 165 as follows: the Captain of the Port is any Coast Office and Insurance Center (310/290B), Guard commissioned, warrant, or petty 5000 Wissahickon Avenue, P.O. Box PART 165—REGULATED NAVIGATION officer who has been designated by the 8079, Philadelphia, PA 19101, (215) AREAS AND LIMITED ACCESS AREAS Captain of the Port to act on his behalf. 842–2000, ext. 2905. (This is not a toll- The on-scene representative of the free number.) ■ 1. The authority citation for part 165 Captain of the Port will be aboard either SUPPLEMENTARY INFORMATION: On continues to read as follows: a Coast Guard or Coast Guard Auxiliary December 2, 2011, VA published in the Authority: 33 U.S.C. 1231; 46 U.S.C. vessel. The Captain of the Port or his Federal Register (76 FR 75458) an Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; designated on scene representative may interim final rule that expanded the 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; be contacted via VHF Channel 16. Servicemembers’ Group Life Insurance Pub. L. 107–295, 116 Stat. 2064; Department (4) Vessel operators desiring to enter of Homeland Security Delegation No. 0170.1. Traumatic Injury Protection (TSGLI) or operate within these safety zones program to add certain genitourinary ■ 2. Add § 165.T09–0374 to read as shall contact the Captain of the Port (GU) system losses to the TSGLI follows: Detroit or his on-scene representative to Schedule of Losses for which a TSGLI obtain permission to do so. § 165.T09–0374 Safety Zones; Catawba benefit is payable. The additional GU Island Club Fireworks, Lake Erie, Catawba Vessel operators given permission to losses are being added to the TSGLI Island Club, Port Clinton, OH, Racing for enter or operate in these safety zones program in response to the increase in Recovery Half & Sprint, Triathlon, Lake Erie, must comply with all directions given to the number of GU injuries experienced Sterling State Park, Monroe, MI, Put-in-Bay them by the Captain of the Port or his by active duty servicemembers who are Fireworks, Lake Erie, Put-in-Bay OH, Put-in- on-scene representative. insured under TSGLI. Bay Fireworks, Lake Erie, Put-in-Bay OH. Dated: May 17, 2012. We provided a 60-day comment (a) Catawba Island Club Fireworks. (1) J.E. Ogden, period that ended on January 31, 2012. Location. The following area is a Captain, U.S. Coast Guard, Captain of the We received one comment. The temporary safety zone: all U.S. Port Detroit. commenter stated that the TSGLI navigable waters of Lake Erie within a [FR Doc. 2012–13245 Filed 5–31–12; 8:45 am] program should be available to all 250-yard radius of the fireworks launch BILLING CODE 9110–04–P servicemembers and veterans who suffer site located at position 41°34′18.10″ N, from GU injuries, not just 082°51′18.70″ W (NAD 83). servicemembers and veterans who have (2) Enforcement period. This safety suffered GU injuries since October 7, DEPARTMENT OF VETERANS zone will be enforced between 9:15 p.m. 2001. We will not make any changes AFFAIRS until 9:45 p.m. on May 27, 2012. based on this comment. As noted in the (b) Racing for Recovery Half & Sprint 38 CFR Part 9 interim final rule, Congress authorized Triathlon. (1) Location. The following TSGLI payments for losses resulting area is a temporary safety zone: all RIN 2900–AO20 from traumatic injuries incurred on or waters of Lake Erie bound by a line after October 7, 2001. Expansion of beginning onshore at 41°54′14″ N; Servicemembers’ Group Life Insurance coverage to include injuries sustained 083°20′01″ W to 41°54′13″ N; 083°19′48″ Traumatic Injury Protection Program— prior to that date would require W to 41°54′50″ N; 083°19′39″ W to Genitourinary Losses legislative action. ° ′ ″ ° ′ ″ 41 54 51 N; 083 19 52 W (NAD 83), AGENCY: Department of Veterans Affairs. Based on the rationale set forth in the and from thence along the shoreline to interim final rule, we adopt the interim ACTION: Final rule. the beginning. final rule without change as a final rule.

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Administrative Procedure Act the principles set forth in this Executive ENVIRONMENTAL PROTECTION This document affirms as final, Order.’’ AGENCY VA has examined the economic, without change, the interim final rule 40 CFR Part 52 that is already in effect. In accordance interagency, budgetary, legal, and policy with 5 U.S.C. 553(d)(3), the Secretary of implications of this regulatory action [EPA–R09–OAR–2012–0236; FRL–9670–8] Veterans Affairs has concluded that and has determined that it is not a there is good cause to publish this rule significant regulatory action under Revisions to the California State with an immediate effective date. Executive Order 12866. Implementation Plan, South Coast Air Quality Management District Unfunded Mandates Regulatory Flexibility Act AGENCY: Environmental Protection The Unfunded Mandates Reform Act The Secretary of Veterans Affairs Agency (EPA). of 1995 requires, at 2 U.S.C. 1532, that hereby certifies that this final rule will agencies prepare an assessment of ACTION: Direct final rule. anticipated costs and benefits before not have a significant economic impact on a substantial number of small entities SUMMARY: EPA is taking direct final issuing any rule that may result in an action to approve a revision to the South expenditure by State, local, and tribal as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. This Coast Air Quality Management District governments, in the aggregate, or by the (SCAQMD) portion of the California private sector of $100 million or more final rule will directly affect only individuals and will not directly affect State Implementation Plan (SIP). This (adjusted annually for inflation) in any revision concerns particulate matter given year. This final rule will have no small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rule is exempt from (PM) emissions from cement such effect on State, local, or tribal manufacturing facilities. We are the initial and final regulatory flexibility governments or on the private sector. approving a local rule that regulates this analysis requirements of sections 603 Paperwork Reduction Act emission source under the Clean Air Act and 604. as amended in 1990 (CAA or the Act). This final rule contains no provisions constituting a collection of information Catalog of Federal Domestic Assistance DATES: This rule is effective on July 31, under the Paperwork Reduction Act (44 Number and Title: 2012 without further notice, unless EPA U.S.C. 3501–3521). receives adverse comments by July 2, The Catalog of Federal Domestic 2012. If we receive such comments, we Executive Orders 12866 and 13563 Assistance Program number and title for will publish a timely withdrawal in the Executive Orders 12866 and 13563 this regulation is 64.103, Life Insurance Federal Register to notify the public direct agencies to assess the costs and for Veterans. that this direct final rule will not take benefits of available regulatory Signing Authority effect. alternatives and, when regulation is ADDRESSES: Submit comments, necessary, to select regulatory The Secretary of Veterans Affairs, or identified by docket number EPA–R09– approaches that maximize net benefits designee, approved this document and OAR–2012–0236, by one of the (including potential economic, authorized the undersigned to sign and following methods: environmental, public health and safety submit the document to the Office of the 1. Federal eRulemaking Portal: effects, and other advantages; Federal Register for publication www.regulations.gov. Follow the on-line distributive impacts; and equity). electronically as an official document of instructions. Executive Order 13563 (Improving the Department of Veterans Affairs. John 2. Email: [email protected]. Regulation and Regulatory Review) R. Gingrich, Chief of Staff, Department 3. Mail or deliver: Andrew Steckel emphasizes the importance of of Veterans Affairs, approved this (Air-4), U.S. Environmental Protection quantifying both costs and benefits, document on May 24, 2012, for Agency Region IX, 75 Hawthorne Street, reducing costs, harmonizing rules, and publication. San Francisco, CA 94105–3901. promoting flexibility. Executive Order Instructions: All comments will be 12866 (Regulatory Planning and List of Subjects in 38 CFR Part 9 included in the public docket without Review) defines a ‘‘significant change and may be made available regulatory action’’ requiring review by Life insurance, Military personnel, online at www.regulations.gov, the Office of Management and Budget Veterans. including any personal information (OMB) as ‘‘any regulatory action that is Dated: May 29, 2012. provided, unless the comment includes likely to result in a rule that may: (1) Robert C. McFetridge, Confidential Business Information (CBI) Have an annual effect on the economy Director of Regulation Policy and or other information whose disclosure is of $100 million or more or adversely Management, Office of the General Counsel, restricted by statute. Information that affect in a material way the economy, a Department of Veterans Affairs. you consider CBI or otherwise protected sector of the economy, productivity, should be clearly identified as such and competition, jobs, the environment, Accordingly, the interim final rule should not be submitted through public health or safety, or State, local, amending 38 CFR part 9, which was www.regulations.gov or email. or tribal governments or communities; published at 76 FR 75458 on December www.regulations.gov is an ‘‘anonymous (2) Create a serious inconsistency or 2, 2011, is adopted as a final rule access’’ system, and EPA will not know otherwise interfere with an action taken without change. your identity or contact information or planned by another agency; (3) [FR Doc. 2012–13298 Filed 5–31–12; 8:45 am] unless you provide it in the body of Materially alter the budgetary impact of your comment. If you send email entitlements, grants, user fees, or loan BILLING CODE 8230–01–P directly to EPA, your email address will programs or the rights and obligations of be automatically captured and included recipients thereof; or (4) Raise novel as part of the public comment. If EPA legal or policy issues arising out of legal cannot read your comment due to mandates, the President’s priorities, or technical difficulties and cannot contact

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you for clarification, EPA may not be be publicly available in either location B. Are there other versions of this rule? able to consider your comment. (e.g., CBI). To inspect the hard copy C. What is the purpose of the submitted Electronic files should avoid the use of materials, please schedule an rule revision? special characters, any form of appointment during normal business II. EPA’s Evaluation and Action A. How is EPA evaluating the rule? FOR encryption, and be free of any defects or hours with the contact listed in the B. Does the rule meet the evaluation viruses. FURTHER INFORMATION CONTACT section. criteria? Docket: Generally, documents in the FOR FURTHER INFORMATION CONTACT: C. EPA Recommendations To Further docket for this action are available Christine Vineyard, EPA Region IX, Improve the Rule electronically at www.regulations.gov (415) 947–4125, D. Public Comment and Final Action III. Statutory and Executive Order Reviews and in hard copy at EPA Region IX, 75 [email protected]. Hawthorne Street, San Francisco, SUPPLEMENTARY INFORMATION: I. The State’s Submittal California. While all documents in the Throughout this document, ‘‘we,’’ ‘‘us,’’ A. What rule did the State submit? docket are listed at and ‘‘our’’ refer to EPA. www.regulations.gov, some information Table 1 lists the rule we are approving may be publicly available only at the Table of Contents with the dates that it was adopted by the hard copy location (e.g., copyrighted I. The State’s Submittal local air agency and submitted by the material, large maps), and some may not A. What rule did the State submit? California.

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted

SCAQMD ...... 1156 Further Reductions of Particulate Emissions from Ce- 03/06/09 04/29/09 ment Manufacturing Facilities.

On July 20, 2009, EPA determined II. EPA’s Evaluation and Action 4. ‘‘State Implementation Plans for that the submittal for SCAQMD Rule Serious PM–10 Nonattainment Areas, A. How is EPA evaluating the rule? 1156 met the completeness criteria in 40 and Attainment Date Waivers for PM–10 CFR Part 51 Appendix V, which must be Generally, SIP rules must be Nonattainment Areas Generally; met before formal EPA review. enforceable (see section 110(a) of the Addendum to the General Preamble for Act) and must not relax existing the Implementation of Title I of the B. Are there other versions of this rule? requirements (see sections 110(l) and Clean Air Act Amendments of 1990,’’ 59 193). In addition, SIP rules must FR 41998 (August 16, 1994). EPA approved an earlier version of implement Reasonably Available 5. ‘‘PM–10 Guideline Document,’’ Rule 1156 into the SIP on March 10, Control Measures (RACM), including EPA 452/R–93–008, April 1993. 2008 (72 FR 12639). SCAQMD adopted Reasonably Available Control 6. ‘‘Fugitive Dust Background a revision to the SIP-approved version Technology (RACT), in moderate PM Document and Technical Information on March 6, 2009 and CARB submitted nonattainment areas, and Best Available Document for Best Available Control it to us on April 29, 2009. Control Measures (BACM), including Measures,’’ EPA 450/2–92–004, C. What is the purpose of the submitted Best Available Control Technology September 1992. 7. Standards of Performance for rule revision? (BACT), in serious PM nonattainment areas (see CAA sections 189(a)(1) and Portland Cement Plants (40 CRF Ch.1 PM contributes to effects that are 189(b)(1)). The SCAQMD regulates a PM (7–1–09 Edition), Subpart F § 60.60). harmful to human health and the nonattainment area classified as serious B. Does the rule meet the evaluation environment, including premature (see 40 CFR part 81), so Rule 1156 must criteria? implement BACM/BACT. mortality, aggravation of respiratory and We believe this rule is consistent with Guidance and policy documents that cardiovascular disease, decreased lung the relevant policy and guidance we use to evaluate enforceability and function, visibility impairment, and regarding enforceability, BACM, and SIP BACM/BACT requirements consistently damage to vegetation and ecosystems. relaxations. The TSD has more include the following: Section 110(a) of the CAA requires information on our evaluation. States to submit regulations that control 1. ‘‘Issues Relating to VOC Regulation PM emissions. Revised Rule 1156 would Cutpoints, Deficiencies, and Deviations; C. EPA Recommendations To Further require total enclosure of clinker storage Clarification to Appendix D of Improve the Rule and handling conducted within 1000 November 24, 1987 Federal Register The TSD describes additional rule feet from, and inside, a facility’s Notice,’’ (Blue Book), notice of revisions that we recommend for the property line. Rule 1156 would allow availability published in the May 25, next time the local agency modifies the 1988 Federal Register. the use of alternatives, such as a three- rule. 2. ‘‘Guidance Document for Correcting sided barrier covered with a roof and Common VOC & Other Rule D. Public Comment and Final Action wind fence for active barn-type storage, Deficiencies,’’ EPA Region 9, August 21, As authorized in section 110(k)(3) of tarp and barrier/wind fence for other 2001 (the Little Bluebook). the Act, EPA is fully approving the active piles, and tarp for inactive piles. 3. ‘‘State Implementation Plans; submitted rule because we believe it EPA’s technical support document General Preamble for the fulfills all relevant requirements. We do (TSD) has more information about this Implementation of Title I of the Clean not think anyone will object to this rule. Air Act Amendments of 1990,’’ 57 FR approval, so we are finalizing it without 13498 (April 16, 1992); 57 FR 18070 proposing it in advance. However, in (April 28, 1992). the Proposed Rules section of this

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Federal Register, we are simultaneously • Is not a significant regulatory action proposed rulemaking. This action may proposing approval of the same subject to Executive Order 13211 (66 FR not be challenged later in proceedings to submitted rule. If we receive adverse 28355, May 22, 2001); enforce its requirements (see section comments by July 2, 2012, we will • Is not subject to requirements of 307(b)(2)). publish a timely withdrawal in the Section 12(d) of the National List of Subjects in 40 CFR Part 52 Federal Register to notify the public Technology Transfer and Advancement that the direct final approval will not Act of 1995 (15 U.S.C. 272 note) because Environmental protection, Air take effect and we will address the application of those requirements would pollution control, Incorporation by comments in a subsequent final action be inconsistent with the Clean Air Act; reference, Intergovernmental relations, based on the proposal. If we do not and Particulate matter, Reporting and • receive timely adverse comments, the Does not provide EPA with the recordkeeping requirement. direct final approval will be effective discretionary authority to address Dated: April 24, 2012. disproportionate human health or without further notice on July 31, 2012. Jared Blumenfeld, environmental effects with practical, This will incorporate the rule into the Regional Administrator, Region IX. federally enforceable SIP. appropriate, and legally permissible Part 52, chapter I, title 40 of the Code Please note that if EPA receives methods under Executive Order 12898 of Federal Regulations is amended as adverse comment on an amendment, (59 FR 7629, February 16, 1994). follows: paragraph, or section of this rule and if In addition, this rule does not have tribal implications as specified by that provision may be severed from the PART 52—[AMENDED] remainder of the rule, EPA may adopt Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is as final those provisions of the rule that ■ 1. The authority citation for Part 52 not approved to apply in Indian country are not the subject of an adverse continues to read as follows: located in the State, and EPA notes that comment. it will not impose substantial direct Authority: 42 U.S.C. 7401 et seq. III. Statutory and Executive Order costs on tribal governments or preempt Reviews tribal law. Subpart F—California The Congressional Review Act, 5 Under the Clean Air Act, the ■ 2. Section 52.220 is amended by U.S.C. 801 et seq., as added by the Small Administrator is required to approve a adding paragraph (c)(362)(i)(B)(2) to Business Regulatory Enforcement read as follows: SIP submission that complies with the Fairness Act of 1996, generally provides provisions of the Act and applicable that before a rule may take effect, the § 52.220 Identification of plan. Federal regulations. 42 U.S.C. 7410(k); agency promulgating the rule must * * * * * 40 CFR 52.02(a). Thus, in reviewing SIP submit a rule report, which includes a submissions, EPA’s role is to approve (c) * * * copy of the rule, to each House of the (362) * * * State choices, provided that they meet Congress and to the Comptroller General (i) * * * the criteria of the Clean Air Act. of the United States. EPA will submit a (B) * * * Accordingly, this action merely report containing this action and other (2) Rule 1156, ‘‘Further Reductions of approves State law as meeting Federal required information to the U.S. Senate, Particulate Emissions from Cement requirements and does not impose the U.S. House of Representatives, and Manufacturing Facilities,’’ amended on additional requirements beyond those the Comptroller General of the United March 6, 2009. imposed by State law. For that reason, States prior to publication of the rule in * * * * * this action: the Federal Register. A major rule • [FR Doc. 2012–13301 Filed 5–31–12; 8:45 am] Is not a ‘‘significant regulatory cannot take effect until 60 days after it BILLING CODE 6560–50–P action’’ subject to review by the Office is published in the Federal Register. of Management and Budget under This action is not a ‘‘major rule’’ as Executive Order 12866 (58 FR 51735, defined by 5 U.S.C. 804(2). October 4, 1993); ENVIRONMENTAL PROTECTION Under section 307(b)(1) of the Clean AGENCY • Does not impose an information Air Act, petitions for judicial review of collection burden under the provisions this action must be filed in the United 40 CFR Part 180 of the Paperwork Reduction Act (44 States Court of Appeals for the U.S.C. 3501 et seq.); appropriate circuit by July 31, 2012. [EPA–HQ–OPP–2006–0848; FRL–9351–5] • Is certified as not having a Filing a petition for reconsideration by Fenamidone; Pesticide Tolerance; significant economic impact on a the Administrator of this final rule does Technical Amendment substantial number of small entities not affect the finality of this action for under the Regulatory Flexibility Act the purposes of judicial review nor does AGENCY: Environmental Protection (5 U.S.C. 601 et seq.); it extend the time within which a Agency (EPA). • Does not contain any unfunded petition for judicial review may be filed, ACTION: Final rule; technical mandate or significantly or uniquely and shall not postpone the effectiveness amendment. affect small governments, as described of such rule or action. Parties with in the Unfunded Mandates Reform Act objections to this direct final rule are SUMMARY: EPA issued a final rule in the of 1995 (Pub. L. 104–4); encouraged to file a comment in Federal Register of October 24, 2007, • Does not have Federalism response to the parallel notice of establishing tolerances for residues of implications as specified in Executive proposed rulemaking for this action fenamidone in or on various Order 13132 (64 FR 43255, August 10, published in the Proposed Rules section commodities. This document is being 1999); of today’s Federal Register, rather than issued to correct a typographical error. • Is not an economically significant file an immediate petition for judicial DATES: This final rule is effective June regulatory action based on health or review of this direct final rule, so that 1, 2012. safety risks subject to Executive Order EPA can withdraw this direct final rule ADDRESSES: The docket for this action, 13045 (62 FR 19885, April 23, 1997); and address the comment in the identified by docket identification (ID)

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number EPA–HQ–OPP–2006–0848, is opportunity for comment, because this ENVIRONMENTAL PROTECTION available either electronically through action merely corrects a typographical AGENCY http://www.regulations.gov or in hard error. EPA finds that this constitutes copy at the OPP Docket in the good cause under 5 U.S.C. 553(b)(3)(B). 40 CFR Part 180 Environmental Protection Agency [EPA–HQ–OPP–2009–0802; FRL–9350–4] Docket Center (EPA/DC), located in EPA IV. Do any of the statutory and West, Rm. 3334, 1301 Constitution Ave. executive order reviews apply to this 2,6-Diisopropylnaphthalene (2,6-DIPN) NW., Washington, DC 20460–0001. The action? and Its Metabolites and Degradates; Public Reading Room is open from 8:30 No. For a detailed discussion Pesticide Tolerances a.m. to 4:30 p.m., Monday through concerning the statutory and executive Friday, excluding legal holidays. The AGENCY: Environmental Protection telephone number for the Public order reviews, refer to Unit VI. of the Agency (EPA). Reading Room is (202) 566–1744, and October 24, 2007 final rule. ACTION: Final rule. the telephone number for the OPP V. Congressional Review Act Docket is (703) 305–5805. Please review SUMMARY: This regulation amends the the visitor instructions and additional Pursuant to the Congressional Review tolerances for residues of 2,6- information about the docket available Act (5 U.S.C. 801 et seq.) EPA will Diisopropylnaphthalene (2,6-DIPN) and at http://www.epa.gov/dockets. submit a report containing this rule and it’s metabolites and degradates in or on certain commodities discussed in this FOR FURTHER INFORMATION CONTACT: other required information to the U.S. document. Loveland Products, Inc. Tony Kish, Registration Division Senate, the U.S. House of requested these tolerances under the (7505P), Office of Pesticide Programs, Representatives, and the Comptroller Federal Food, Drug, and Cosmetic Act Environmental Protection Agency, 1200 General of the United States prior to (FFDCA). Pennsylvania Ave. NW., Washington, publication of this rule in the Federal DC 20460–0001; telephone number: Register. This final rule is not a ‘‘major DATES: This regulation is effective June (703) 308-9443; email address: rule’’ as defined by 5 U.S.C. 804(2). 1, 2012. Objections and requests for [email protected]. hearings must be received on or before List of Subjects in 40 CFR Part 180 July 31, 2012, and must be filed in SUPPLEMENTARY INFORMATION: accordance with the instructions Environmental protection, I. Does this action apply to me? provided in 40 CFR part 178 (see also Administrative practice and procedure, SUPPLEMENTARY The Agency included in the final rule Unit I.C. of the Agricultural commodities, Pesticides INFORMATION). a list of those who may be potentially and pests, Reporting and recordkeeping affected by the action. If you have requirements. ADDRESSES: The docket for this action, questions regarding the applicability of identified by docket identification (ID) this action to a particular entity, consult Dated: May 24, 2012. number EPA–HQ–OPP–2009–0802, is the person listed under FOR FURTHER Losi Rossi, available either electronically through INFORMATION CONTACT. Director, Registration Division, Office of http://www.regulations.gov or in hard Pesticide Programs. copy at the OPP Docket in the II. What does this technical amendment Environmental Protection Agency do? Therefore, 40 CFR part 180 is Docket Center (EPA/DC), located in EPA EPA issued a final rule in the Federal amended as follows: West, Rm. 3334, 1301 Constitution Ave. Register of October 24, 2007 (72 FR NW., Washington, DC 20460–0001. The 60266) (FRL–8152–9), establishing PART 180—[AMENDED] Public Reading Room is open from 8:30 tolerances for residues of the fungicide a.m. to 4:30 p.m., Monday through fenamidone in or on various ■ 1. The authority citation for part 180 Friday, excluding legal holidays. The commodities. In Units II., III., and V., of continues to read as follows: telephone number for the Public the preamble, the text correctly listed Authority: 21 U.S.C. 321(q), 346a and 371. Reading Room is (202) 566–1744, and the tolerance level for the commodity the telephone number for the OPP ‘‘strawberry’’ at 0.02 parts per million ■ 2. Section 180.579 is amended by Docket is (703) 305–5805. Please review (ppm). The table in § 180.579(d), of the revising the entry for ‘‘Strawberry’’ in the visitor instructions and additional regulatory text, incorrectly listed the paragraph (d) to read as follows: information about the docket available tolerance level for ‘‘strawberry’’ at 0.15. at http://www.epa.gov/dockets. This technical amendment corrects that § 180.579 Fenamidone; tolerances for FOR FURTHER INFORMATION CONTACT: error. residues. Andrew Bryceland, Biopesticides and III. Why is this action issued as a final * * * * * Pollution Prevention Division (7511P), rule? (d) * * * Office of Pesticide Programs, Environmental Protection Agency, 1200 Section 553 of the Administrative Pennsylvania Ave. NW., Washington, Procedure Act (APA), 5 U.S.C. Parts per Commodity million DC 20460–0001; telephone number: 553(b)(3)(B), provides that, when an (703) 305–6928; email address: Agency for good cause finds that notice [email protected]. and public procedure are impracticable, ***** unnecessary or contrary to the public SUPPLEMENTARY INFORMATION: interest, the Agency may issue a final Strawberry ...... 0.02 I. General Information rule without providing notice and an opportunity for public comment. EPA [FR Doc. 2012–13354 Filed 5–31–12; 8:45 am] A. Does this action apply to me? has determined that there is good cause BILLING CODE 6560–50–P You may be potentially affected by for making this technical amendment this action if you are an agricultural final without prior proposal and producer, food manufacturer, or

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pesticide manufacturer. Potentially 2009–0802, by one of the following Based upon review of the data affected entities may include, but are methods: supporting the petition, EPA has not limited to those engaged in the • Federal eRulemaking Portal: http:// modified the tolerance expressions such following activities: www.regulations.gov. Follow the online that only the parent need be included in • Crop production (NAICS code 111). instructions for submitting comments. the tolerance expression for livestock • Animal production (NAICS code Do not submit electronically any commodities. The reason for these 112). information you consider to be changes are explained in Unit IV.C. • Food manufacturing (NAICS code Confidential Business Information (CBI) 311). or other information whose disclosure is III. Aggregate Risk Assessment and • Pesticide manufacturing (NAICS restricted by statute. Determination of Safety code 32532). • Mail: OPP Docket, Environmental Section 408(b)(2)(A)(i) of FFDCA This listing is not intended to be Protection Agency Docket Center (EPA/ allows EPA to establish a tolerance (the exhaustive, but rather to provide a guide DC), Mail Code: 28221T, 1200 legal limit for a pesticide chemical for readers regarding entities likely to be Pennsylvania Ave. NW., Washington, residue in or on a food) only if EPA affected by this action. Other types of DC 20460–0001. determines that the tolerance is ‘‘safe.’’ entities not listed in this unit could also • Hand Delivery: To make special Section 408(b)(2)(A)(ii) of FFDCA be affected. The North American arrangements for hand delivery or defines ‘‘safe’’ to mean that ‘‘there is a Industrial Classification System delivery of boxed information, please reasonable certainty that no harm will (NAICS) codes have been provided to follow the instructions at http://www. result from aggregate exposure to the assist you and others in determining epa.gov/dockets/contacts.htm. pesticide chemical residue, including whether this action might apply to II. Summary of Petition for Tolerance all anticipated dietary exposures and all certain entities. If you have any other exposures for which there is questions regarding the applicability of In the Federal Register of May 4, 2012 reliable information.’’ This includes this action to a particular entity, consult (77 FR 26477) (FRL–9348–3), EPA exposure through drinking water and in the person listed under FOR FURTHER issued a notice pursuant to FFDCA residential settings, but does not include INFORMATION CONTACT. section 408(d)(3), 21 U.S.C. 346a(d)(3), occupational exposure. Section announcing the filing of a pesticide 408(b)(2)(C) of FFDCA requires EPA to B. How can I get electronic access to petition (PP 9F7626) by Loveland other related information? give special consideration to exposure Products, Inc., 7251 W. 4th St., Greeley, of infants and children to the pesticide You may access a frequently updated Colorado 80634. The petition requested chemical residue in establishing a electronic version of EPA’s tolerance that 40 CFR 180.590 be amended by tolerance and to ‘‘ensure that there is a regulations at 40 CFR part 180 through establishing tolerances for residues of reasonable certainty that no harm will the Government Printing Office’s e-CFR the insecticide 2,6- result to infants and children from site at http://ecfr.gpoaccess.gov/cgi/t/ Diisopropylnaphthalene (2,6-DIPN) and aggregate exposure to the pesticide text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ its metabolites and degradates, 2,6- chemical residue * * *.’’ Title40/40tab_02.tpl. DIPN and its metabolites and Consistent with FFDCA section degradates, in or on potato, granules/ 408(b)(2)(D), and the factors specified in C. How can I file an objection or hearing flakes at 5.5 parts per million (ppm); request? FFDCA section 408(b)(2)(D), EPA has potato, wet peel at 6.0 ppm; potato, reviewed the available scientific data Under FFDCA section 408(g), 21 whole at 2.0 ppm; cattle, fat at 0.2 ppm; and other relevant information in U.S.C. 346a, any person may file an cattle, meat at 0.02 ppm; cattle, meat support of this action. EPA has objection to any aspect of this regulation byproducts, except fat at 0.02 ppm; goat, sufficient data to assess the hazards of and may also request a hearing on those fat at 0.2 ppm; goat, meat at 0.02 ppm; and to make a determination on objections. You must file your objection goat, meat byproducts, except fat at 0.02 aggregate exposure for 2,6- or request a hearing on this regulation ppm; horse, fat at 0.2 ppm; horse, meat Diisopropylnaphthalene (2,6-DIPN) and in accordance with the instructions at 0.02 ppm; horse, meat byproducts, it’s metabolites and degradates provided in 40 CFR part 178. To ensure except fat at 0.02 ppm; milk, fat at 0.02 including exposure resulting from the proper receipt by EPA, you must ppm; sheep, fat at 0.2 ppm; sheep, meat tolerances established by this action. identify docket ID number EPA–HQ– at 0.02 ppm and sheep, meat EPA’s assessment of exposures and risks OPP–2009–0802 in the subject line on byproducts, except fat at 0.02 ppm. One associated with 2,6- the first page of your submission. All comment was submitted. An Diisopropylnaphthalene (2,6-DIPN) and objections and requests for a hearing anonymous commenter (EPA–HQ–OPP– it’s metabolites and degradates follows. must be in writing, and must be 2009–0802–0003) generally expressed received by the Hearing Clerk on or opposition to EPA granting this A. Toxicological Profile before July 31, 2012. Addresses for mail tolerance specifically because ‘‘it is time EPA has evaluated the available and hand delivery of objections and to stop allowing so many toxic toxicity data and considered its validity, hearing requests are provided in 40 CFR chemicals to poison earth, which end completeness, and reliability as well as 178.25(b). In addition to filing an up in American bodies causing cancer the relationship of the results of the objection or hearing request with the and other killing deseases and even in studies to human risk. EPA has also Hearing Clerk as described in 40 CFR breast milk’’. After conducting a considered available information part 178, please submit a copy of the comprehensive assessment of the data concerning the variability of the filing that does not contain any CBI for and information submitted by the sensitivities of inclusion in the public docket. petitioner, EPA has concluded there is Information not marked confidential a reasonable certainty that no harm will B. Toxicological Endpoints pursuant to 40 CFR part 2 may be result to the U.S. population, including 1. Acute toxicity. While EPA’s disclosed publicly by EPA without prior infants and children, from aggregate complete discussion and analysis of notice. Submit a copy of your non-CBI exposure to residues of 2,6-DIPN. Thus, acute toxicity of 2,6-DIPN can be found objection or hearing request, identified under the standard in FFDCA section in the Federal Register of August 8, by docket ID number EPA–HQ–OPP– 408(b)(2), a tolerance is appropriate. 2003 (68 FR 47246) (FRL–7321–6), in

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summary, 2,6-DIPN is classified as is no appreciable risk, the toxicological Acute dietary risk assessments are Toxicity Category IV for the oral route POD is used as the basis for derivation performed for a food-use pesticide if a of exposure (median lethal dose (LD50) of reference values for risk assessment. toxicological study has indicated the > 5,000 milligrams per kilogram (mg/ PODs are developed based on a careful possibility of an effect of concern kg)). analysis of the doses in each occurring as a result of a 1-day or single 2. Short- and intermediate-term toxicological study to determine the exposure. In the case of 2,6-DIPN, the toxicity. While EPA’s complete dose at which no adverse effects are toxicity database did not indicate an discussion and analysis of short- and observed (the NOAEL) and the lowest acute endpoint, but the 100 mg/kg/day intermediate-term toxicity of 2,6-DIPN dose at which adverse effects of concern NOAEL from the subchronic toxicity can be found in the Federal Register of are identified (the LOAEL). Uncertainty/ study (rounded from 104 mg/kg/day) August 8, 2003, a summary is provided safety factors are used in conjunction was used to evaluate potential acute here. The subchronic toxicity study with the POD to calculate a safe dietary exposure as a conservative basis submitted and reviewed suggests the exposure level—generally referred to as for risk characterization. Also, if the 50 endpoint selection (value/dose at which a population-adjusted dose (PAD) or a mg/kg/day NOAEL from the an effect was observed) is the 104 reference dose (RfD)—and a safe margin developmental toxicity study had been milligrams per kilogram per day (mg/kg/ of exposure (MOE). For non-threshold used to establish an acute RfD, this day) no observed adverse effect level risks, the Agency assumes that any choice would have been inconsistent (NOAEL) based on reduced body amount of exposure will lead to some with the use of the 100 mg/kg/day weight, weight gain, and food degree of risk. Thus, the Agency NOAEL since it implies that exposure to consumption. Although the estimates risk in terms of the probability repeated daily doses at 100 mg/kg/day developmental toxicity study indicated of an occurrence of the adverse effect is potentially less hazardous than a a lower NOAEL (50 mg/kg/day) for the expected in a lifetime. For more single dose at 50 mg/kg/day. Given the same toxicity, the maternal lowest information on the general principles minimal nature of the responses in the observed adverse effect level (LOAEL) of EPA uses in risk characterization and a subchronic and developmental toxicity 150 mg/kg/day is between the complete description of the risk studies, and the fact that the NOAEL subchronic NOAEL of 104–121 mg/kg/ assessment process, see http://www.epa. from the developmental study is only day and the LOAEL of 208–245 mg/kg/ gov/pesticides/factsheets/riskassess. appropriate to the subgroup of females day. The NOAEL of 50 mg/kg/day may htm. 13–49 years of age, using the 100 mg/ have been appropriate for use in A summary of the toxicological kg/day RfD for the acute and chronic characterization of risks for the endpoints for 2,6- dietary assessments is more appropriate subpopulation of women of Diisopropylnaphthalene (2,6-DIPN) and for assessing risk for other subgroups childbearing age; however, the response its metabolites and degradates used for and the general population. Therefore, a at 50 mg/kg/day in the developmental human risk assessment is discussed in conservative interpretation of these study was minimal, and the Unit III. of the final rule published in endpoints indicated the need for an observations for toxic effects were more the Federal Register of December 16, acute dietary exposure assessment. The thoroughly documented in the 2009 (74 FR 66574) (FRL–8798–5). 100 mg/kg/day endpoint was also subchronic study. interpreted as requiring a chronic 3. Chronic toxicity. EPA has D. Exposure Assessment dietary exposure assessment. established the reference dose (RfD) for 1. Dietary exposure from food and 2,6-DIPN at 1 mg/kg/day. This RfD is feed uses. In evaluating dietary Acute and chronic dietary exposure based on results from the subchronic exposure to 2,6-Diisopropylnaphthalene assessments for 2,6-DIPN were and developmental toxicity studies (2,6-DIPN) and its metabolites and conducted using the Dietary Exposure described in the Federal Register of degradates, EPA considered exposure Evaluation Model software (DEEMTM September 1, 2006 (71 FR 52011) (FRL– under the petitioned-for tolerances as version 1.30), which incorporates 8081–9). In support of these tolerances, well as all existing 2,6- consumption data from the United the RfD remains unchanged. Diisopropylnaphthalene (2,6-DIPN) and States Department of Agriculture’s 4. Carcinogenicity. No new study its metabolites and degradates Continuing Surveys of Food Intakes by results suggest that 2,6-DIPN is tolerances in 40 CFR 180.590. EPA Individuals (CSFII, 1994–1996/1998). carcinogenic. See EPA’s complete assessed dietary exposures from 2,6- For acute exposure assessments, discussion and analysis in the Federal Diisopropylnaphthalene (2,6-DIPN) and individual 1-day food consumption data Register of August 8, 2003. Specific its metabolites and degradates in food as define an exposure distribution, which information on the studies received and follows: is expressed as a percentage of the acute the nature of the adverse effects caused i. Acute exposure. Quantitative acute population adjusted dose (aPAD) (for by 2,6-Diisopropylnaphthalene (2,6- dietary exposure and risk assessments 2,6-DIPN, aPAD = 0.1 mg/kg/day). For DIPN) and its metabolites and are performed for a food-use pesticide, chronic exposure and risk assessment, degradates as well as the NOAEL and if a toxicological study has indicated the an estimate of the residue level in each the LOAEL from the toxicity studies are possibility of an effect of concern food or food-form (e.g., orange or orange discussed in the final rule published in occurring as a result of a 1-day or single juice) on the commodity residue list is the Federal Register of August 8, 2003. exposure. multiplied by the average daily No such effects were identified in the consumption estimate for the food or C. Toxicological Points of Departure/ toxicological studies for 2,6- food-form. The resulting residue Levels of Concern Diisopropylnaphthalene (2,6-DIPN) and consumption estimate for each food or Once a pesticide’s toxicological its metabolites and degradates; food-form is summed with the residue profile is determined, EPA identifies therefore, a quantitative acute dietary consumption estimate for all other food toxicological points of departure (POD) exposure assessment is unnecessary. or food-forms on the commodity residue and levels of concern to use in ii. Chronic exposure. In conducting list to arrive at the total estimated evaluating the risk posed by human the chronic dietary exposure assessment exposure. Exposure estimates are exposure to the pesticide. For hazards anticipated residue and/or percent crop expressed as mg/kg body weight/day that have a threshold below which there treated (PCT) were not used. and as a percent of the 2,6-DIPN chronic

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population adjusted dose (cPAD) (0.1 substances that have a common exposure and toxicity to infants and mg/kg/day). These procedures are mechanism of toxicity.’’ children. performed for each population EPA has not found 2,6- F. Aggregate Risks and Determination of subgroup. Diisopropylnaphthalene (2,6-DIPN) and Safety EPA determines whether quantitative its metabolites and degradates to share cancer exposure and risk assessments a common mechanism of toxicity with EPA determines whether acute and are appropriate for a food-use pesticide any other substances, and 2,6- chronic dietary pesticide exposures are based on the weight of the evidence Diisopropylnaphthalene (2,6-DIPN) and safe by comparing aggregate exposure from cancer studies and other relevant its metabolites and degradates does not estimates to the acute PAD (aPAD) and data. If quantitative cancer risk appear to produce a toxic metabolite chronic PAD (cPAD). For linear cancer assessment is appropriate, cancer risk produced by other substances. For the risks, EPA calculates the lifetime may be quantified using a linear or purposes of this tolerance action, probability of acquiring cancer given the nonlinear approach. If sufficient therefore, EPA has assumed that 2,6- estimated aggregate exposure. Short-, information on the carcinogenic mode Diisopropylnaphthalene (2,6-DIPN) and intermediate-, and chronic-term risks of action is available, a threshold or its metabolites and degradates does not are evaluated by comparing the nonlinear approach is used and a cancer have a common mechanism of toxicity estimated aggregate food, water, and RfD is calculated based on an earlier with other substances. For information residential exposure to the appropriate noncancer key event. If carcinogenic regarding EPA’s efforts to determine PODs to ensure that an adequate MOE mode of action data are not available, or which chemicals have a common exists. if the mode of action data determines a mechanism of toxicity and to evaluate 1. Acute risk. An acute aggregate risk mutagenic mode of action, a default the cumulative effects of such assessment takes into account acute linear cancer slope factor approach is chemicals, see EPA’s Web site at exposure estimates from dietary utilized. http://www.epa.gov/pesticides/ consumption of food and drinking Based on the data summarized in Unit cumulative. water. No adverse effect resulting from III.A., EPA has concluded that 2,6-DIPN E. Safety Factor for Infants and Children a single oral exposure was identified and no acute dietary endpoint was does not pose a cancer risk to humans. 1. In general. Section 408(b)(2)(C) of Therefore, a dietary exposure selected. Therefore, 2,6- FFDCA provides that EPA shall apply Diisopropylnaphthalene (2,6-DIPN) and assessment for the purpose of assessing an additional tenfold (10X) margin of cancer risk is unnecessary. it’s metabolites and degradates is not safety for infants and children in the expected to pose an acute risk. iii. Anticipated residue and PCT case of threshold effects to account for information. EPA did not use 2. Chronic risk. There are no prenatal and postnatal toxicity and the residential uses for 2,6- anticipated residue and/or PCT completeness of the database on toxicity information in the dietary assessment Diisopropylnaphthalene (2,6-DIPN) and and exposure unless EPA determines its metabolites and degradates. for 2,6-Diisopropylnaphthalene (2,6- based on reliable data that a different DIPN) and its metabolites and 3. Short-term risk. Because no short- margin of safety will be safe for infants term adverse effect was identified, 2,6- degradates. Tolerance level residues and children. This additional margin of and/or 100 PCT were assumed for all Diisopropylnaphthalene (2,6-DIPN) and safety is commonly referred to as the its metabolites and degradates is not food commodities. FQPA Safety Factor (SF). In applying expected to pose a short-term risk. 2. Dietary exposure from drinking this provision, EPA either retains the 4. Intermediate-term risk. Because no water. Because 2,6-DIPN treatment of default value of 10X, or uses a different intermediate-term adverse effect was stored (i.e., post-harvest) potato occurs additional safety factor when reliable identified, 2,6-Diisopropylnaphthalene inside (in warehouses, for example), no data available to EPA support the choice (2,6-DIPN) and its metabolites and concern from exposure through water is of a different factor. degradates is not expected to pose a expected regarding acute and chronic 2. Prenatal and postnatal sensitivity. intermediate-term risk. dietary risk assessment. For this reason, There were no observed prenatal and 5. Aggregate cancer risk for U.S. the dietary risk assessment did not postnatal effects. include drinking water values. 3. Conclusion. Based on the risk population. Based on the lack of 3. From non-dietary exposure. The assessments and in consideration of evidence of carcinogenicity in two term ‘‘residential exposure’’ is used in residue data, EPA concludes that there adequate rodent carcinogenicity studies, this document to refer to non- is a reasonable certainty that no harm 2,6-DIPN is not expected to pose a occupational, non-dietary exposure will result to the U.S. population, cancer risk to humans. (e.g., for lawn and garden pest control, including infants and children, from 6. Determination of safety. Based on indoor pest control, termiticides, and aggregate exposure to residues of 2,6- these risk assessments, EPA concludes flea and tick control on pets). 2,6- DIPN, including its metabolites and that there is a reasonable certainty that Diisopropylnaphthalene (2,6-DIPN) and degradates, within the existing tolerance no harm will result to the general its metabolites and degradates is not limits resulting from post-harvest population, or to infants and children registered for any specific use patterns applications, undertaken in accordance from aggregate exposure to 2,6- that would result in residential with good agricultural practices and Diisopropylnaphthalene (2,6-DIPN) and exposure. EPA-approved labeling, to potatoes. its metabolites and degradates residues. 4. Cumulative effects from substances Such exposure includes all anticipated IV. Other Considerations with a common mechanism of toxicity. dietary exposures and all other Section 408(b)(2)(D)(v) of FFDCA exposures for which there is reliable A. Analytical Enforcement Methodology requires that, when considering whether information. In arriving at this Loveland Products, Inc. has proposed to establish, modify, or revoke a conclusion, EPA has retained the a liquid chromatographic/ultraviolet tolerance, the Agency consider tenfold margin of safety in order to (LC/UV) detection analytical method for ‘‘available information’’ concerning the adequately account for potential pre- enforcement of tolerances for residues of cumulative effects of a particular and post-natal toxicity and 2,6-DIPN in potatoes and potato peels. pesticide’s residues and ‘‘other completeness of the data with respect to While tolerances are set for livestock

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commodities, no analytical method is DIPN at levels of 0.01 ppm, 0.02 ppm, DIPN) and its metabolites and being required for livestock 0.05 ppm, and 50 ppm. Samples were degradates. commodities based on a re-evaluation of analyzed at the limit of quantitation of C. Revisions to Petitioned-For the cattle feeding study and the existing 0.01 ppm. Overall, recovery ranges (and Tolerances ruminant metabolism study which was CVs) from these matrices were 77.9– conducted in goats at a feeding level 123.2 (13.9%) for 2,6-DIPN. Potato peel Time-limited tolerances for 2,6-DIPN two times the Maximum Reasonable samples were fortified with 2,6-DIPN at are set to expire on May 18, 2012 (40 Dietary Burden (MRDB). The parent levels of 0.02 ppm, 0.05 ppm, and 0.2 CFR 180.590). In consideration of compound DIPN and the metabolites ppm. Samples were analyzed at the whether or not the continued use of the M27 and M29 were quantifiable in all limit of quantitation of 0.02 ppm. active ingredient when used on potatoes edible livestock matrices. In the cattle Overall, recovery ranges (and CVs) from would impose further risks to human feeding study DIPN was quantifiable at these matrices were 83.2–96.1 (5.3%) for health, EPA has reviewed newly exaggerated feeding levels, and at the 2,6-DIPN. submitted data/information MRDB in fat. The results of the Acceptable independent laboratory multiresidue testing for 2,6-DIPN and metabolism and feeding studies indicate validation is available for this method radiovalidation of the analytical method that fat will likely have the highest using potato and potato peel samples. and multiresidue testing method for residues of any of the livestock matrices, As described in this unit, an adequate determination of 2,6-DIPN in potato and and USDA monitors fat for pesticide enforcement methodology (liquid potato peels as well as re-evaluated residues accessed 5/10/12). Therefore, chromatographic/ultraviolet detection existing data/information in support of the parent will be an adequate marker analytical method) is available to a full tolerance without time limitations. for misuse, particularly with regard to enforce the tolerance expression for Receipt of this information satisfied the fat which is the commodity most likely potatoes and potato peels only. conditions of registration. to have residues and most likely to be The radiovalidation data for HPLC/ In the previous time limited tolerance, monitored. Accordingly, the residue UV(CARDC–1298–DIPN) for the EPA determined that an acceptable definition for the tolerance expression determination of residues of 2,6-DIPN in revised enforcement analytical method can be modified to include the parent potatoes and potato peels adequately for 2,6-Diisopropylnaphthalene (2,6- compound only. recovered residues of 2,6-DIPN from DIPN) and two metabolites (M27 and The method (entitled, ‘‘Liquid samples of whole potato and potato M29) in livestock commodities must be Chromatographic Analysis for the peels with the treatment of the active submitted. EPA also determined that Determination of 2,6- ingredient. Multiresidue testing for 2,6- radiovalidation data for 2,6-DIPN and its Diisopropylnaphthalene (DIPN) in DIPN showed that the multiresidue metabolites (M27 and M29) must also be Potatoes and Liquid Chromatographic methods are not adequate for submitted. These data have already been Analysis for the Determination of 2,6- enforcement purposes since 2,6-DIPN generated and final reports of these Diisopropylnaphthalene (DIPN) in was not recovered through any of the studies are anticipated to be submitted Potato Peels’’ (Platte Report Number protocols. to the Agency by or before December CARDC–1298–DIPN)) was used for the The method may be requested from: 2012. Although EPA has requested determination of residues of 2,6-DIPN in Chief, Analytical Chemistry Branch, additional data, EPA has revisited its potatoes and potato peels. Environmental Science Center, 701 original decision that the tolerance The method includes instructions and Mapes Rd., Ft. Meade, MD 20755–5350; expression include two of the chromatograms for analysis of samples telephone number: (410) 305–2905; metabolites in addition to the parent of potatoes and potato peels. Briefly, email address: compound. Based on this re-evaluation, samples are extracted with acetonitrile. [email protected]. EPA has decided to limit the tolerance The extracts are partitioned with expression to DIPN only. Feeding B. International Residue Limits hexane. The acetonitrile part is studies demonstrate that DIPN is discarded. The hexane part is roto- In making its tolerance decisions, EPA quantifiable in all animal commodities. evaporated to dryness. The residues are seeks to harmonize U.S. tolerances with The highest residues are found in fat, reconstituted in hexane and purified international standards whenever and residues in fat were quantifiable using a Florisil column. The residues possible, consistent with U.S. food without use of exaggerated feeding are roto-evaporated to dryness and safety standards and agricultural studies. Fat is also the commodity most reconstituted in acetonitrile. The practices. EPA considers the frequently monitored for tolerance samples are filtered through Acrodisc® international maximum residue limits violative residues. Accordingly, EPA LC polyvinylidene difluoride (PVDF) (MRLs) established by the Codex concludes that limiting the tolerance 0.45 micrometer (mm) filters and Alimentarius Commission (Codex), as expression to parent only will be analyzed by high performance liquid required by FFDCA section 408(b)(4). appropriate as a tolerance level for chromatography (HPLC) with ultraviolet The Codex Alimentarius is a joint monitoring compliance with label (UV) detection at 254 nanometers (nm) United Nations Food and Agriculture application instructions for DIPN (the using a Zorbax ODS column. Organization/World Health basis on which the safety determination The validated limit of quantitation Organization food standards program, for this tolerance was made). (LOQ) is 0.01 ppm for 2,6-DIPN in and it is recognized as an international (Memorandum from C. Ollinger EPA/ potatoes and 0.02 ppm in potato peels. food safety standards-setting OPP/HED to L. Hollis EPA/OPP/BPPD The reported limits of detection (LODs) organization in trade agreements to dated May 11, 2012). were 0.001 ppm for 2,6-DIPN in which the United States is a party. EPA potatoes and potato peels. The method may establish a tolerance that is V. Conclusion does not include instructions for different from a Codex MRL; however, Therefore, the tolerances for residues confirmatory analysis. Method FFDCA section 408(b)(4) requires that of 2,6-Diisopropylnaphthalene (2,6- validation data for the LC/UV method EPA explain the reasons for departing DIPN) and its metabolites and demonstrated adequate method from the Codex level. degradates, are amended, in or on recoveries of residues of 2,6-DIPN. The Codex has not established a MRL potato, granules/flakes at 5.5 parts per Potato samples were fortified with 2,6- for 2,6-Diisopropylnaphthalene (2,6- million (ppm); potato, wet peel at 6.0

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ppm; potato, whole at 2.0 ppm; cattle, petition under FFDCA section 408(d), Dated: May 16, 2012. fat at 0.2 ppm; cattle, meat at 0.02 ppm; such as the tolerance in this final rule, Keith A. Matthews, cattle, meat byproducts, except fat at do not require the issuance of a Director, Biopesticides and Pollution 0.02 ppm; goat, fat at 0.2 ppm; goat, proposed rule, the requirements of the Prevention Division, Office of Pesticide meat at 0.02 ppm; goat, meat Regulatory Flexibility Act (RFA) (5 Programs. byproducts, except fat at 0.02 ppm; U.S.C. 601 et seq.) do not apply. horse, fat at 0.2 ppm; horse, meat at 0.02 This final rule directly regulates Therefore, 40 CFR chapter I is ppm; horse, meat byproducts, except fat growers, food processors, food handlers, amended as follows: at 0.02 ppm; milk, fat at 0.02 ppm; and food retailers, not States or tribes, PART 180—[AMENDED] sheep, fat at 0.2 ppm; sheep, meat at nor does this action alter the 0.02 ppm and sheep, meat byproducts, relationships or distribution of power except fat at 0.02 ppm. and responsibilities established by ■ 1. The authority citation for part 180 Modification of the residue definition Congress in the preemption provisions continues to read as follows: based on re-examination of existing data of FFDCA section 408(n)(4). As such, Authority: 21 U.S.C. 321(q), 346a and 371. as described in Unit IV.A. and D., also the Agency has determined that this require modification of the tolerance action will not have a substantial direct ■ 2. Section 180.590, paragraph (a) is level. Residues in milk, skim milk, effect on States or tribal governments, revised to read as follows: cream, meat, liver, and kidney will be on the relationship between the national below the limit of quantitation (LOQ) of government and the States or tribal § 14;180.590 2,6-Diisopropylnaphthalene 0.02 ppm. Therefore, the tolerance may governments, or on the distribution of (2,6-DIPN); tolerances for residues. be set at 0.02 ppm. Residues are likely power and responsibilities among the (a) General. Tolerances are to be quantifiable in fat. HED various levels of government or between established for residues of the growth recommends a level of 0.2 ppm. This is the Federal Government and Indian inhibitor 2,6-DIPN, including its based on the maximum residue of 0.095 tribes. Thus, the Agency has determined from the 8.9 ppm feeding level (0.6x the that Executive Order 13132, entitled metabolites and degradates, in or on the MRDB) extrapolated to the 1x feeding ‘‘Federalism’’ (64 FR 43255, August 10, commodities in the following table. level, (equal to 0.158 ppm) and rounded 1999) and Executive Order 13175, Compliance with the tolerance levels up to 0.2 ppm. The existing tolerances entitled ‘‘Consultation and Coordination specified in the following table is to be for DIPN residues on hog commodities with Indian Tribal Governments’’ (65 FR determined by measuring only 2,6- may be revoked, since potatoes are no 67249, November 9, 2000) do not apply Diisopropylnaphthalene. longer considered a major feed item for to this final rule. In addition, this final swine (memorandum from C. Ollinger rule does not impose any enforceable Parts per Commodity million (EPA/OPP/HED to L. Hollis EPA/OPP/ duty or contain any unfunded mandate BPPD dated May 11, 2012). as described under Title II of the Cattle, fat ...... 0.2 VI. Statutory and Executive Order Unfunded Mandates Reform Act of 1995 Cattle, meat ...... 0 .02 Reviews (UMRA) (Pub. L. 104–4). Cattle, meat byproducts, except This action does not involve any fat ...... 0 .02 This final rule establishes tolerances technical standards that would require Goat, fat ...... 0 .2 under FFDCA section 408(d) in Agency consideration of voluntary Goat, meat ...... 0 .02 response to a petition submitted to the consensus standards pursuant to section Goat, meat byproducts, except Agency. The Office of Management and 12(d) of the National Technology fat ...... 0.02 Budget (OMB) has exempted these types Transfer and Advancement Act of 1995 Horse, fat ...... 0.2 of actions from review under Executive (NTTAA), Public Law 104–113, section Horse, meat ...... 0 .02 Order 12866, entitled ‘‘Regulatory 12(d) (15 U.S.C. 272 note). Horse, meat byproducts, except Planning and Review’’ (58 FR 51735, fat ...... 0 .02 VII. Congressional Review Act October 4, 1993). Because this final rule Milk, fat ...... 0 .02 has been exempted from review under The Congressional Review Act, 5 Potato, granules/flakes ...... 5 .5 Executive Order 12866, this final rule is U.S.C. 801 et seq., generally provides Potato, wet peel ...... 6.0 not subject to Executive Order 13211, that before a rule may take effect, the Potato, whole ...... 2 .0 entitled ‘‘Actions Concerning agency promulgating the rule must Sheep, fat ...... 0 .2 Regulations That Significantly Affect submit a rule report to each House of Sheep, meat ...... 0.02 Energy Supply, Distribution, or Use’’ (66 the Congress and to the Comptroller Sheep, meat byproducts, except FR 28355, May 22, 2001) or Executive General of the United States. EPA will fat ...... 0.02 Order 13045, entitled ‘‘Protection of submit a report containing this rule and Children from Environmental Health other required information to the U.S. * * * * * Risks and Safety Risks’’ (62 FR 19885, Senate, the U.S. House of [FR Doc. 2012–13203 Filed 5–31–12; 8:45 am] April 23, 1997). This final rule does not Representatives, and the Comptroller BILLING CODE 6560–50–P contain any information collections General of the United States prior to subject to OMB approval under the publication of this final rule in the Paperwork Reduction Act (PRA), 44 Federal Register. This final rule is not U.S.C. 3501 et seq., nor does it require a ‘‘major rule’’ as defined by 5 U.S.C. any special considerations under 804(2). Executive Order 12898, entitled ‘‘Federal Actions to Address List of Subjects in 40 CFR Part 180 Environmental Justice in Minority Environmental protection, Populations and Low-Income Administrative practice and procedure, Populations’’ (59 FR 7629, February 16, Agricultural commodities, Pesticides 1994). Since tolerances and exemptions and pests, Reporting and recordkeeping that are established on the basis of a requirements.

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DEPARTMENT OF HEALTH AND On page 22082, in the discussion finalized in our final rule with comment HUMAN SERVICES regarding the effective and applicable period. Therefore, we believe we have dates of the regulatory and conforming good cause to waive prior notice and Centers for Medicare & Medicaid changes to the definition of ‘‘other comment. Services health or prescription drug coverage,’’ For the same reasons, we are also we inadvertently omitted language. waiving the 30-day delay in effective 42 CFR Parts 417, 422, and 423 B. Summary of Errors in the Regulations date for these corrections. We believe [CMS–4157–CN] Text that it is in the public interest to ensure that the April 12, 2012 final rule with RIN 0938–AQ86 On page 22169, we made a comment period accurately states our typographical error in an amendatory policies as of the date they take effect. Medicare Program; Changes to the instruction and inadvertently omitted a Therefore, we find that delaying the Medicare Advantage and the Medicare term in the definition of ‘‘daily cost- effective date of these corrections Prescription Drug Benefit Programs for sharing rate’’ at § 423.100. beyond the effective date of the final Contract Year 2013 and Other III. Waiver of Proposed Rulemaking rule with comment period would be Changes; Corrections and Delay in Effective Date contrary to the public interest. In so AGENCY: Centers for Medicare & We ordinarily publish a notice of doing, we find good cause to waive the Medicaid Services (CMS), HHS. proposed rulemaking in the Federal 30-day delay in the effective date. ACTION: Final rule with comment period; Register to provide a period for public IV. Correction of Errors comment before the provisions of a rule correction. In FR Doc. 2012–8071 of April 12, take effect in accordance with section SUMMARY: This document corrects 553(b) of the Administrative Procedure 2012 (77 FR 22072), make the following technical errors and typographical Act (APA) (5 U.S.C. 553(b)). However, corrections: errors in the final rule with comment we can waive this notice and comment A. Correction of Errors in the Preamble period entitled ‘‘Medicare Program; procedure if the Secretary finds, for 1. On page 22072, first column, Changes to the Medicare Advantage and good cause, that the notice and ‘‘DATES the Medicare Prescription Drug Benefit comment process is impracticable, ’’ section, the paragraph that Programs for Contract Year 2013 and unnecessary, or contrary to the public begins ‘‘These regulations are effective’’ Other Changes’’ which appeared in the interest, and incorporates a statement of and ends ‘‘are effective January 1, 2013’’ April 12, 2012 Federal Register. the finding and the reasons therefore in is corrected to read ‘‘These regulations are effective on June 1, 2012 unless DATES: the notice. Effective date: This document is otherwise specified in this final rule. effective June 1, 2012. Section 553(b) of the APA ordinarily requires a 30-day delay in effective date The amendments to: the definition of FOR FURTHER INFORMATION CONTACT: ‘‘Part D drugs’’ at § 423.100; Kathryn Jansak, (410) 786–9364. of final rules after the date of their publication in the Federal Register. § 423.153(d)(1)(vii)(B); § 423.600(a) SUPPLEMENTARY INFORMATION: This 30-day delay in effective date can through (c); and § 423.602(a) are effective January 1, 2013. See section I. Background be waived, however, if an agency finds for good cause that the delay is I.B. of this final rule with comment In FR Doc. 2012–8071 of April 12, impracticable, unnecessary, or contrary period and Table 1 for additional 2012 (77 FR 22072), the final rule with to the public interest, and the agency information regarding effective and comment period entitled ‘‘Medicare incorporates a statement of the findings applicability dates.’’ Program; Changes to the Medicare and its reasons in the rule issued. 2. On page 22076, bottom half of the Advantage and the Medicare This correcting document does not page, the table heading, ‘‘TABLE 2— Prescription Drug Benefit Programs for constitute a rulemaking that would be FINALIZED REVISIONS WITH Contract Year 2013 and Other Changes’’ subject to the APA notice and comment EFFECTIVE AND/OR APPLICABLE there were several technical errors and or delayed effective date requirements. DATES OTHER THAN 60 DAYS AFTER typographical errors that are identified This correcting document corrects PUBLICATION’’ is corrected to read and corrected in the Correction of Errors technical errors in the effective dates ‘‘TABLE 1—FINALIZED REVISIONS section. and typographical errors in the WITH EFFECTIVE AND/OR II. Summary of Errors regulation text of the April 12, 2012 APPLICABLE DATES OTHER THAN 60 final rule with comment period and DAYS AFTER PUBLICATION’’. A. Summary of Errors in the Preamble does not make substantive changes to 3. On page 22082, third column, On page 22072, in the DATES section, the policies or payment methodologies second full paragraph, line 17, the we erroneously referenced the that were adopted in the final rule with phrase ‘‘existing definition will on’’ is amendments to the definitions of ‘‘other comment period. As a result, this corrected to read’’ ‘‘existing definition health or prescription drug coverage’’ at correcting document is intended to will be applicable on’’. § 423.2305 and ‘‘supplemental benefits’’ ensure that information included in the B. Correction of Errors in the at § 423.100 as being effective January 1, April 12, 2012 final rule with comment Regulations Text 2013. We also inadvertently omitted period accurately reflects the policies references to several sections of the adopted in that rule. Undertaking ■ 1. On page 22169, first column— regulation text that are effective January further notice and comment procedures ■ A. Fourth full paragraph, 1, 2013. to incorporate the corrections in this (amendments to § 423.100, amendatory On page 22076, the table titled ‘‘Table document into the final rule with instruction 24.B.) lines 5 and 6, the 2: Finalized Revisions with Effective comment period would be contrary to sentence ‘‘By revising paragraph (2)(iii) and/or Applicable Dates Other Than 60 the public interest. Furthermore, such of the definition of ‘‘Incurred costs’’ is Days After Publication’’ was procedures would be unnecessary, as corrected to read ‘‘By revising paragraph inadvertently numbered ‘‘Table 2’’ we are not altering the policies that (2)(ii) of the definition of ‘‘Incurred instead of ‘‘Table 1.’’ were already subject to comment and costs’’.

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■ B. Tenth full paragraph (paragraph (2) Regulatory Impact Review, and a establishes an appeals process for of the definition of ‘‘Daily cost-sharing’’ Fishery Impact Statement. fishermen excluded from the black sea at § 423.100), line 2, the phrase Comments regarding the burden-hour bass pot endorsement program; limits ‘‘enrollee’s Part D’’ is corrected to read estimates or other aspects of the the number of pot tags issued to ‘‘enrollee’s Part D plan’’. collection-of-information requirements participants in the black sea bass pot (Catalog of Federal Domestic Assistance contained in this final rule may be segment of the snapper-grouper fishery; Program No. 93.778, Medical Assistance submitted in writing to Anik Clemens, implements measures to reduce black Program) (Catalog of Federal Domestic Southeast Regional Office, NMFS, 263 sea bass bycatch; modifies Assistance Program No. 93.773, Medicare— 13th Avenue South, St. Petersburg, FL accountability measures (AMs) for black Hospital Insurance; and Program No. 93.774) 33701; and OMB, by email at OIRA sea bass; establishes a commercial trip Dated: May 24, 2012. [email protected], or by fax to limit for black sea bass; modifies the Jennifer M. Cannistra, 202–395–7285. current commercial and recreational black sea bass size limits; and improves Executive Secretary to the Department. FOR FURTHER INFORMATION CONTACT: Kate Michie, 727–824–5305. data reporting in the for-hire sector of [FR Doc. 2012–13362 Filed 5–31–12; 8:45 am] the snapper-grouper fishery. The intent SUPPLEMENTARY INFORMATION: The BILLING CODE 4120–01–P of this rule is to reduce overcapacity in snapper-grouper fishery of the South the black sea bass segment of the Atlantic is managed under the FMP. The snapper-grouper fishery. FMP was prepared by the Council and DEPARTMENT OF COMMERCE is implemented through regulations at Comments and Responses National Oceanic and Atmospheric 50 CFR part 622 under the authority of A total of 28 comments were received Administration the Magnuson-Stevens Fishery on the proposed rule and Amendment Conservation and Management Act 18A from individuals, Federal agencies, 50 CFR Part 622 (Magnuson-Stevens Act). and fishing associations. NMFS received On January 31, 2012, NMFS 2 comments of general support and 26 [Docket No. 120309176–2075–02] published a notice of availability for individual comments opposing one or Amendment 18A and requested public more actions contained in Amendment RIN 0648–BB56 comment (77 FR 4754). On March 23, 18A. Several of the comments 2012, NMFS published a proposed rule recommended alternative management Fisheries of the Caribbean, Gulf of for Amendment 18A and requested measures for black sea bass. Specific Mexico, and South Atlantic; Snapper- public comment (77 FR 16991). comments related to the actions Grouper Fishery Off the Southern NMFS partially approved contained in the amendment and the Atlantic States; Amendment 18A Amendment 18A on May 2, 2012. rule as well as NMFS’ respective NMFS disapproved the action AGENCY: National Marine Fisheries responses, are summarized below. Service (NMFS), National Oceanic and establishing transferability criteria for Comment 1: Several commenters Atmospheric Administration (NOAA), the black sea bass pot endorsement, stated they have recently seen more Commerce. explaining that the amendment black sea bass and larger black sea bass identified the wrong preferred than in previous years. Additionally, ACTION: Final rule. alternative selected for this action, and several commenters stated they are SUMMARY: NMFS issues this final rule to there were discrepancies in the record seeing black sea bass in areas where implement Amendment 18A to the regarding the Council’s discussion of they were not previously found. For Fishery Management Plan (FMP) for the the alternatives and the text describing these reasons the same commenters Snapper-Grouper Fishery of the South and analyzing this alternative in the stated the commercial and recreational Atlantic Region (Amendment 18A), as document. Because the Council’s intent ACLs for black sea bass should be prepared and submitted by the South was unclear from the administrative significantly increased to allow for more Atlantic Fishery Management Council record, NMFS was unable to implement fishing of the stock. (Council). This rule modifies the current this action in compliance with the Response: Many fishery participants system of accountability measures for Administrative Procedure Act. The have indicated they are now seeing black sea bass, limits effort in the black Council is addressing transferability more black sea bass and larger black sea sea bass segment of the snapper-grouper criteria for black sea bass pot bass than in recent years, which is fishery, and improves fisheries data in endorsements in a separate FMP consistent with the finding of the most the for-hire sector of the snapper- amendment, which is currently under recent Southeast, Data, Assessment, and grouper fishery. Amendment 18A also development. Review (SEDAR) for black sea bass updates the rebuilding plan and The proposed rule and Amendment which was completed in October 2011 modifies the acceptable biological catch 18A outline the rationale for the actions (SEDAR 25). SEDAR 25 indicates that (ABC) for black sea bass. This final rule contained in this final rule. The black sea bass are no longer overfished, is intended to reduce overcapacity in proposed rule incorrectly indicated that but are not yet fully rebuilt, and that the black sea bass segment of the it would modify the black sea bass black sea bass was experiencing snapper-grouper fishery. rebuilding strategy and ABC. Although overfishing to a small extent based on these measures are included in data from 2009 and 2010. Amendment DATES: This rule is effective July 1, Amendment 18A, they are not codified 17B to the FMP (Amendment 17B), 2012. in the regulations. A summary of the which was implemented on January 31, ADDRESSES: Electronic copies of actions implemented by this final rule is 2011, established ACLs and AMs for Amendment 18A may be obtained from provided here. black sea bass to ensure overfishing of the Southeast Regional Office Web site This rule modifies the black sea bass black sea bass does not occur (75 FR at http://sero.nmfs.noaa.gov/sf/ annual catch limit (ACL); limits 82280). SASnapperGrouperHomepage.htm. participation in the black sea bass pot The Magnuson-Stevens Act requires Amendment 18A includes an segment of the snapper-grouper fishery rebuilding plans to rebuild a stock Environmental Impact Statement, a through an endorsement program; within 10 years except under limited

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circumstances. The rebuilding strategy of commercial and recreational AMs had on ending overfishing of black sea for black sea bass, which was and ACLs for the black sea bass bass. implemented in 2006 through component of the snapper-grouper Comment 5: One commenter inquired Amendment 13C to the FMP (71 FR fishery. The commercial sector AM for as to why Mid-Atlantic and New 55096, September 21, 2006), holds catch black sea bass closes the commercial England black sea bass have been at a constant level as the stock size sector if commercial landings reach, or successfully rebuilt while South increases. The target time for rebuilding are projected to reach, the commercial Atlantic black sea bass have not. black sea bass is 2016. Because the stock quota, which serves as the functional Response: Black sea bass are managed is rebuilding, fishermen are commercial sector ACL. as separate stocks north and south of encountering black sea bass more The recreational sector AMs for black Cape Hatteras, North Carolina. When frequently than in recent years. sea bass include closing the recreational establishing a rebuilding plan for an NMFS is implementing, through this sector when the ACL is met or projected overfished species, each Council must final rule, a modified rebuilding strategy to be met if the stock is overfished. take into account many variables that holds the combined commercial Because the stock was still considered including the degree to which and recreational ACL at 847,000 lb overfished during the 2011/2012 fishing overfishing is occurring, Magnuson- (384,200 kg), round weight [717,797 lb year the sector was closed on October Stevens Act requirements, the social (325,587 kg), gutted weight] for the next 17, 2011, based on projections that the and economic environment, and trends 2 fishing years; then changes the ACL to recreational ACL would be reached by in effort which are unique to different the yield at FRebuild. The Council’s that time. This final rule will modify the fisheries. In 2000, black sea bass north Scientific and Statistical Committee current recreational AMs to provide the of Cape Hatteras, North Carolina, were (SSC) endorsed this modification to the Regional Administrator with the considered to be overfished and current rebuilding strategy, but authority to close the recreational sector undergoing overfishing, and actions recommended the ACL not be modified when the ACL is met or projected to be were taken to rebuild the stock. until a stock assessment update is met regardless of the overfished status According to the 2010 Status of U.S. completed before the 2014/2015 fishing of black sea bass. Fisheries found at: http:// year. This rebuilding strategy has a 66 Comment 4: One commenter states www.nmfs.noaa.gov/sfa/ percent probability of rebuilding the that the most recent stock assessment statusoffisheries/2010/ stock by 2016 while allowing increases for black sea bass should have been 2010_FSSI_non_FSSI_stockstatus.pdf, to the ACL, if supported by the next delayed until 2011 data for the black sea black sea bass north of Cape Hatteras, stock assessment. bass segment of the snapper-grouper North Carolina, are no longer overfished Comment 2: One commenter is fishery could be included. One and are not undergoing overfishing. A concerned that the continued shortening commenter recommends doing a new 2005 stock assessment indicated that the of the commercial fishing season for stock assessment for black sea bass as black sea bass stock south of Cape black sea bass has led to decreased soon as possible because the species Hatteras, North Carolina, was still revenues for his business. may no longer be undergoing overfished and undergoing overfishing. Response: The black sea bass overfishing. Amendment 15A to the FMP commercial sector has closed much Response: NMFS and the Council implemented a 10-year rebuilding plan earlier the past 3 fishing years than in must schedule stock assessments several for South Atlantic black sea bass in previous years, and in each of these years in advance to allow time for the 2008, designating 2006 as year one of years the fishing season was shorter needed data to be compiled for use by the plan. The most recent stock than the previous fishing season. Thus, stock assessment scientists. Stock assessment for South Atlantic black sea fishermen have experienced market glut assessment schedules are reviewed by bass, SEDAR 25, indicates that the stock during the months of June, July, and the Council and approved by the is on track to be rebuilt by 2016. August, and the purchase and sale of SEDAR Steering Committee. The Comment 6: Several commenters black sea bass have been prohibited for schedule may be found at the SEDAR stated the amount of regulatory discards the remainder of the season. Actions in Web site: http://www.sefsc.noaa.gov/ of species, such as black sea bass, Amendment 18A are intended to extend sedar/ caused by a low bag limit and small fishing opportunities further into the SEDAR_PlanSchedule_Nov2011.pdf. recreational ACL has negatively fishing season to mitigate these negative The next black sea bass stock impacted for-hire businesses because socioeconomic effects. assessment has not been scheduled yet. paying customers are not willing to Comment 3: One commenter states Amendment 17B (75 FR 82280, charter vessels for trips that only allow that the early in-season closures in the December 30, 2010) contained ACLs and catch-and-release. Thus, the number of commercial and recreational sectors AMs to address black sea bass trips and quality of trips for some for- during the 2011/2012 fishing year were overfishing, and prevent future hire businesses has decreased. On the not necessary because the stock is no overfishing from occurring, as required other hand, two recreational anglers longer overfished. by the Magnuson-Stevens Act. Delaying support a reduced bag limit in order to Response: Results of a 2011 stock the assessment until 2011 data became keep the recreational fishing season assessment indicate that black sea bass available would have delayed the open longer. are no longer overfished but are not implementation of Amendment 18A by Response: Amendment 17B to the rebuilt, and that the stock was 1 to 2 years. The Council’s SSC FMP implemented a recreational ACL undergoing overfishing to a minor endorsed a modified rebuilding strategy, for black sea bass of 409,000 lb (185,519 degree according to 2009 and 2010 data. previously discussed under the kg), gutted weight [482,620 lb (218,913 Following this overfishing response to Comment 1, but kg), round weight]. In Amendment 18A, determination, Amendment 17B recommended that the ACL not be the Council considered a range of implemented AMs and ACLs on January modified until a stock assessment alternatives for modifying the rebuilding 31, 2011, as required by the Magnuson- update is completed prior to the 2014/ plan and the combined commercial and Stevens Act, to ensure that overfishing 2015 fishing year. The stock assessment recreational ACL. The Council decided of black sea bass does not occur. In- update would include any effects the to maintain the combined ACL season closures are a part of the system actions in Amendment 17B may have established in Amendment 17B through

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the 2013/2014 fishing year until a stock suggests that the Council manage black Response: The suggestion of tag limits assessment update can be completed. At sea bass off the coast of North Carolina to allow participation throughout the that time the Council can decide separately from the other states in the year or improve data collection, and the whether increasing the combined ACL South Atlantic. One commenter use of game wardens were not the is appropriate. Further, the Council and recommends the creation of separate subject of the proposed rule to NMFS anticipate a large increase in the ACLs for the two gear components of implement Amendment 18A; the allowable catch when the stock is the commercial black sea bass sector; purpose of Amendment 18A is to rebuilt in 2016. Regulatory Amendment namely, an ACL for the pot component address overcapacity in the black sea 9 to the FMP and its implementing final and an ACL for the hook-and-line bass segment of the snapper-grouper rule (76 FR 34892, June 15, 2011) component. fishery and therefore, the comments reduced the recreational bag limit from Response: The Council has discussed related to tag limits and game wardens 15 fish to 5 fish per person. The state-by-state quotas several times in are beyond the scope of this rulemaking. recreational bag limit was not the reference to various fish species However, the Council is not precluded subject of the proposed rule to including black sea bass. However, from considering a fish tag program or implement Amendment 18A; and enforcement of different state quotas or other ways to collect data in the future. therefore, the comments related to the ACLs along state boundary lines is Comment 10: One commenter is recreational bag limit are beyond the likely to be very difficult. Additionally, concerned the increasing rate of scope of this rulemaking. administrative difficulties associated recreational harvest of black sea bass is Comment 7: One commenter stated it with monitoring very small state ACLs shrinking the allocation for the is incorrect for NMFS to partially have prevented the Council from commercial sector. The same attribute the early ACL closures in the endorsing state-by-state quotas as a commenter recommends establishing a black sea bass segment of the snapper- management tool. Implementing gear control date using a year when grouper fishery to shifting effort from specific ACLs for the pot and hook-and- commercial and recreational harvest other more heavily regulated species. line components of the commercial were closer to being equal and The commenter states that anglers who black sea bass sector would have similar implementing a Federal recreational would normally target species such as issues, and enforcement of these fishing permit with reporting red snapper, for which harvest is now separate component ACLs would be requirements. Response: As noted in response to prohibited in the exclusive economic difficult if fishermen used both gear Comment 6 above, the Council zone (EEZ), are not likely to shift their types on one vessel. Again, monitoring considered modifying the combined fishing effort to black sea bass. The these smaller component ACLs would commercial and recreational ACL in commenter suggested effort would be administratively difficult. However, Amendment 18A but chose to maintain likely shift towards groupers, mutton the Council will continue to discuss snapper, or some other large fish the combined ACL established in these issues and explore options for species, all of which are legal to harvest Amendment 17B until a stock implementation of state ACLs and June through October. assessment update is completed. These Response: The rebuilding black sea separate gear ACLs as quota monitoring ACLs are based on the 57 percent bass population, which has led to capabilities improve over time. recreational/43 percent commercial increased catch per unit effort, is likely The Council process is effective in allocation established in Amendment a more significant contributor to the managing the black sea bass stock in the 13C to the FMP (71 FR 55096, ACLs being met early in the fishing South Atlantic. In 2005, a stock September 21, 2006), which used season than effort shifting during the assessment indicated that black sea bass historical landings data from 1999– past 2 fishing years. However, during in the South Atlantic was still 2003. The Council did not consider the initial development of Amendment overfished and undergoing overfishing. changing this allocation formula in 18A, the black sea bass commercial Through the Council process a Amendment 18A. sector of the snapper-grouper fishery rebuilding plan was implemented and The Council recommended a control was open during seasonal closures for the most recent stock assessment date of December 4, 2008, for the black other species (vermillion snapper and indicates that this stock is no longer sea bass pot segment of the snapper- shallow-water groupers) and total overfished and is on track to be rebuilt grouper fishery (74 FR 7848, February prohibitions on other species (red by 2016. 20, 2009) based on concerns about a snapper). This scenario is likely to have Comment 9: One commenter potential increase in the number of caused some level of effort shifting to recommends a recreational tag program participants in the fishery that may black sea bass. Additionally, the where recreational anglers are issued a result because of increased regulations Council determined that management pre-set number of tags (similar to North on other species in the snapper-grouper restrictions placed on other snapper- Carolina swan tags) that can be used to complex. However, the Council did not grouper species could cause further harvest black sea bass throughout the use the December 4, 2008 control date effort shifting to black sea bass in the year. The commenter believes that a tag because they decided that the eligibility South Atlantic. system for black sea bass would allow criteria should give more weight to Comment 8: One commenter recreational fishermen to participate in present participation in the fishery. The recommends that each state be assigned the black sea bass segment of the Council’s eligibility criteria included its own black sea bass quota based on snapper-grouper fishery throughout the average annual historical landings of at historical landings, and argues that the year, and could improve recreational least 2,500 lb (1,134 kg), round weight Council process is no longer effective data for black sea bass. One commenter [2,118 lb (961 kg), gutted weight] for the successful management of black recommends that NMFS use game between January 1, 1999, and December sea bass because it does not allow for wardens to perform dockside checks to 31, 2010, in addition to having some (at state-by-state quotas. One commenter gather recreational harvest data, or have least 1 1b (0.4 kg)) reported black sea suggests that the Council manage black state game wardens fill out catch reports bass landings between January 1, 2008, sea bass off the coast of Florida because recreational fishermen may not and December 31, 2010. separately from the other states in the accurately report their catch during A recreational permit program for South Atlantic, and another commenter dockside and phone interviews. private recreational anglers was also not

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the subject of the proposed rule in order to reduce the directed targeting sea bass segment of the snapper-grouper implementing Amendment 18A, and of black sea bass during the month of fishery during the winter is not an therefore, the comments related to a June. appropriate management measure recreational permit program are beyond Response: The Council only because the winter months are the time the scope of this rulemaking. However, considered seasonal closures during the when black sea bass are most prolific off this does not preclude the Council from black sea bass spawning season, which the coast of North Carolina, and fishing considering such a program in the is March through May. The Council during the winter would help maximize future. chose not to implement a spawning profitability of for-hire operations. Comment 11: Two commenters state season closure for black sea bass based Response: Regulations implementing that the Council should declare its long- on information that indicated black sea Amendment 17B included AMs for term objectives for the black sea bass bass do not have increased vulnerability black sea bass to ensure that the ACL is commercial sector in order to establish during the spawning season like other not exceeded and to correct for an ACL reasonable allocations. Additionally, snapper-grouper species, such as overage should one occur. One one commenter states that NMFS is shallow-water groupers. Additionally, component of the system of AMs disproportionately swayed by Amendment 18A states that peak implemented through Amendment 17B environmental organizations in their spawning for black sea bass occurs at is that the recreational sector will close precautionary approach to managing different times of the year in different when the recreational sector ACL is met black sea bass, and NMFS does not areas of the South Atlantic, ranging from or projected to be met, but it only adequately take into account the late winter/early spring off Georgia and applies if the stock is overfished. concerns of the recreational sector when Florida to primarily spring off North Regardless of overfished status, the ACL making decisions. Carolina and South Carolina. The lack would be reduced by the amount of the Response: The Council’s long-term of a spawning season closure should not overage in the following year. The objective for the commercial black sea have a negative impact on spawning of Council determined that an in-season bass sector within the snapper-grouper black sea bass. The Council could revisit closure is needed for the recreational fishery is to achieve the optimum yield options for black sea bass seasonal sector regardless of the overfished status (OY) for the resource. The Council did closures in the future. because catches have increased for black not consider changing the commercial Amendment 13C to the FMP (71 FR sea bass as the stock rebuilds. Thus, the and recreational allocations in 55096, September 21, 2006) established overage could be very large, and a Amendment 18A. However, the Council a June 1 start date for the black sea bass substantial reduction in the ACL could did consider minimizing adverse fishing year for both the commercial and occur in the following year if there is no socioeconomic impacts to the recreational sectors with the intent that, in-season closure of black sea bass. recreational and commercial black sea if a closure should occur, it would most Therefore, the Council selected the bass sectors when developing the likely coincide with the black sea bass alternative that provides the RA management measures contained in spawning season. The Council again authority to close the recreational sector Amendment 18A and this final rule. considered a change in the black sea when the ACL is met or projected to be Throughout the development of bass fishing year as a possible means to met regardless of the overfished status Amendment 18A and this rulemaking, extend the black sea bass season during of the stock. The timing of a commercial the Council and NMFS considered input the development of Regulatory or recreational in-season closure will from all stakeholders. No one Amendment 9 to the FMP (76 FR 34892, depend on the fishing effort and when organization or entity was given a June 15, 2011), although they decided landings reach the appropriate level to disproportionate influence in public not to change the starting date for the trigger the AMs. participation during the Council and fishing year at that time. Furthermore, Comment 15: Two recreational rulemaking process. the Council considered two 6-month anglers state that the two main issues Comment 12: One commenter states fishing seasons (June–November and that negatively impact the black sea bass that NMFS should allocate fewer funds December–May) for black sea bass in stock are inadequate Federal to the Council’s advisory panels (APs) Regulatory Amendment 9. However, management and continuing to allow and re-allocate those funds to law NMFS disapproved this action due to the use of black sea bass pots. enforcement because the APs do not concerns this action could result in the Response: For reasons articulated in function adequately. presence of numerous vertical black sea Amendment 4 to the FMP, black sea Response: This comment is beyond bass pot buoy lines within the bass pots are an allowable and the scope of this rulemaking and, endangered northern right whale appropriate gear type for black sea bass. therefore, is not addressed here. migration route during the time of year The final rule implementing Comment 13: One commenter when the whales are transiting off the Amendment 4 to the FMP contained a supports a mid-August to mid-December Southeast coast. prohibition on the use of fish traps in seasonal closure if NMFS chooses to The Council recognizes that the the South Atlantic EEZ based on implement a seasonal closure. These timing of the opening and closing dates concerns related to ghost fishing by lost months are considered the slowest time of the fishing season affects South traps, habitat damage, enforcement of year for the for-hire sector in the state Atlantic states differently. For this difficulties, and bycatch mortality of Florida, and any closure that would reason, the Council has discussed the issues. Page 71 of Amendment 4 include the months of May through July possibility of state-by-state quotas for outlines the rationale for the Council’s is discouraged because black sea bass black sea bass and could consider such choice to prohibit all fish traps, except are one of the only species available a regional approach to management in a black sea bass pots, north of 28°35.1′ N when bottom water off the Florida coast future amendment. Additionally, the latitude because black sea bass pot cools in the summer. One commenter Snapper-Grouper AP has expressed its construction specifications make them recommended changing the opening support for this type of a regional highly selective for black sea bass, and date of the black sea bass component of approach to the management of black bycatch is minimal. the snapper-grouper fishery to coincide sea bass. Federal management of black sea bass with the opening of the vermilion Comment 14: Four commenters state includes a rebuilding plan and snapper fishing season, which is July 1, that an in-season closure of the black commercial and recreational ACLs and

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AMs. Currently, when the commercial qualification because it will exclude (0.4 kg)) reported black sea bass ACL is reached or projected to be some fishermen who have invested in landings between January 1, 2008, and reached, commercial harvest and sale of the black sea bass commercial sector of December 31, 2010. This addressed both the species is prohibited and the black the snapper-grouper fishery. Another historical fishing practices as well as sea bass pots must be removed from the commenter believes too many current participation in the black sea water. This rule implements an Unlimited South Atlantic Snapper- bass pot segment of the snapper-grouper endorsement program that limits the Grouper Permit holders will qualify for fishery. Applying these new criteria will number of commercial permit holders the endorsement. Two commenters are result in the issuance of 31 allowed to fish for black sea bass with concerned that the endorsement endorsements. The Council determined pot gear. This rule also limits the program favors older fishermen with a that this resulted in the fair and number of black sea bass pot tags issued more established catch history for black equitable distribution of fishing to each endorsement holder each permit sea bass. One commenter states that the privileges. year; specifies a commercial trip limit; Councils choice of qualifying criteria for Comment 18: Two commenters increases the commercial minimum size the endorsement program is not fair and recommend that the Council allow limit; and requires that all black sea bass equitable. management measures such as the pots be brought back to shore at the Response: The objective of the black commercial trip limit and the limit on conclusion of each trip. The Council sea bass endorsement program is to the number of black sea bass pot tags and NMFS believe that these measures, reduce the rate of harvest and limit the issued to each permit holder each together with the existing measures, number of the participants in the black permit year, to work before reducing comprise an appropriate conservation sea bass pot segment of the snapper- capacity in the pot segment of the and management program for black sea grouper fishery to curtail derby fishing fishery through an endorsement bass in the South Atlantic. conditions, which have caused the program. Comment 16: Two commenters commercial fishing season to close early Response: As noted in the response to support the actions contained in for the past 3 fishing years. In comment 17, the objective of the black Amendment 18A that update the determining which eligibility criteria sea bass endorsement program is to rebuilding plan for black sea bass based were most appropriate, the Council reduce the rate of harvest and limit the on the most recent stock assessment. considered this objective and the number of the participants in the black One commenter states that the requirements for establishing a limited sea bass pot segment of the snapper- rebuilding strategy should be based access system set forth in section grouper fishery to curtail derby fishing upon a constant fishing mortality rate, 303(b)(6) of the Magnuson-Stevens Act conditions, which have caused the rather than a constant catch rate. (16 U.S.C. 1853(b)(6)), which include commercial fishing season to close early Response: NMFS agrees that the present participation in the fishery and for the past 3 fishing years. The Council actions updating the rebuilding plan historical fishing practices in, and does not believe that a commercial trip based on the most recent stock dependence on the black sea bass limit and limitation on the number of assessment are appropriate. segment of the snapper-grouper fishery, black sea bass pots alone will be The Council considered various and the fair and equitable distribution of sufficient to ease derby fishing rebuilding plans based on either a fishing privileges. conditions. constant fishing mortality rate or on a Regarding the number of permit Comment 19: One commenter states constant catch rate. Originally, the holders who will qualify for the that only two black sea bass pot Council chose to define a rebuilding endorsement, prior to the Council fishermen in the state of Florida would strategy for black sea bass that maintains finalizing Amendment 18A at its qualify for the endorsement. a constant fishing mortality rate December 2011 meeting, the preferred Response: NMFS estimates that six throughout the remaining years of the endorsement eligibility criteria required fishermen from Florida (identified by rebuilding timeframe, which would that fishermen have average annual the address on record with the NMFS allow the greatest amount of harvest historical landings greater than 3,500 lb Permits Office) will qualify for a black possible, while still having a 50 percent (1,588 kg), round weight [2,966 lb (1,345 sea bass endorsement. chance of rebuilding by 2016. However, kg), gutted weight] between January 1, Comment 20: One commenter at its December 2011 meeting, the 1999, and December 31, 2010. Under the suggests that a catch share program for Council determined a more conservative 3,500-lb (1,588-kg), round weight black sea bass is a more appropriate rebuilding strategy alternative that criterion, 24 fishery participants would means of managing the commercial incorporates a higher probability of be eligible to receive black sea bass pot sector rather than an endorsement rebuilding by the start of the 2016/2017 endorsements. program. The commenter cites the need fishing year is more appropriate for the After reviewing public comments to provide black sea bass to consumers stock. Therefore, the preferred during its December 2011 meeting, the year round and prevent market gluts rebuilding strategy alternative was Council determined that limiting the when the black sea bass season opens. changed from a constant fishing number of black sea bass pot Response: This comment is beyond mortality rate to a rebuilding strategy endorsements to 24 participants would the scope of this rulemaking. However, that would hold catch at the current eliminate too many fishermen from the the Council previously considered an level for the 2012/2013 and 2013/2014 black sea bass pot segment of the action to establish a catch share program fishing years, and then change to a snapper-grouper fishery who had for black sea bass in Amendment 21 to constant catch rebuilding strategy. The historically fished large quantities of the FMP but tabled that amendment due Council’s preferred rebuilding strategy black sea bass with pot gear. Therefore, to lack of public support. The Council has a 66 percent chance of rebuilding the Council chose to change its may decide to again consider a catch the stock by 2016. preferred eligibility criteria to average share program for black sea bass in the Comment 17: A number of annual historical landings of at least future. commenters expressed concerns 2,500 lb (1,134 kg), round weight [2,118 Comment 21: Two commenters regarding the eligibility criteria for the lb (961 kg), gutted weight] between support the endorsement program black sea bass pot endorsement. Two January 1, 1999, and December 31, 2010, appeals process included in commenters oppose the landings in addition to having some (at least 1 1b Amendment 18A.

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Response: NMFS agrees that setting of where black sea bass pot fishing takes TL. Public hearing comments were aside a period of time for those who feel place within the South Atlantic Region. divided on the usefulness of increasing they may have been inappropriately Weather is always a factor that must minimum size limits for black sea bass. excluded from the black sea bass pot be considered in planning fishing trips. The Snapper-Grouper AP supported endorsement program to appeal their NMFS believes that fishers will make increasing the minimum size limits to exclusion from the program is important informed decisions about when to fish slow the rate of harvest of black sea and consistent with appeals processes and when to end a trip and pull traps bass. The SSC also supported increasing for limited access programs from the water. the recreational and commercial black implemented by NMFS. The Council recognized that there are sea bass minimum size limits because Comment 22: Three commenters similar concerns with spiny lobster larger fish are economically more support limiting the number of black sea traps and addressed the issue of valuable. bass pot tags issued to each removing derelict spiny lobster traps in The Council determined that it was endorsement holder per permit year to Amendment 10 to the Spiny Lobster unnecessary for the commercial and 35. FMP (76 FR 75488, December 2, 2011). recreational minimum size limits to be Response: NMFS agrees that limiting Comment 24: Four commenters the same because the commercial and the number of black sea bass pot tags support the 1,000-lb (454-kg), gutted recreational sectors for black sea bass issued to each endorsement holder to 35 weight, commercial trip limit for black are managed differently. The tags per permit year will be an effective sea bass. commercial and recreational sectors are means of reducing the rate of harvest of Response: NMFS supports the 1,000- each allocated their own portion of the black sea bass in the commercial sector, lb (454-kg), gutted weight, commercial allowable catch and each sector will improve in-season management of the trip limit for black sea bass as a means close when their respective ACLs are species, reduce the amount of vertical- of extending the commercial fishing met or are projected to be met. line gear in the water to reduce opportunities further into the fishing The most recent stock assessment for entanglement risks to protected species year, while still allowing commercial black sea bass (SEDAR 25) indicates in the area, reduce the chance that pots black sea bass pot fishermen to have release mortality of black sea bass is could be lost and that ghost fishing economically profitable trips. very low (7 percent for hook-and-line; 1 could occur, and limit overall effort in Comment 25: Two commenters percent for black sea bass pot) if fish are the black sea bass pot segment of the support requiring selected for-hire returned to the water quickly. The snapper-grouper fishery. vessels to report landings information Council chose an 11-inch (27.9 cm) size Comment 23: Two commenters electronically. limit for the commercial sector because support the provision to require black Response: NMFS supports the pots catch a large number of fish and the sea bass traps to be brought back to requirement that selected for-hire (both Council was concerned that a shore at the end of each trip. One charter and headboat) vessels report substantial increase in the minimum commenter opposes this provision landings information electronically on a size limit for the commercial sector because some fishermen may fish weekly or daily basis. Currently, could cause an increase in dead differently in other regions of the South selected charter vessels are required to discards if there was an increase in the Atlantic and one commenter opposes report on a weekly basis, and selected time undersized black sea bass were out this provision because the same is not headboat vessels are required to report of the water. The current minimum size required for spiny lobster traps, which at the end of each month. Increased limit in the commercial sector is 10 are fished in much greater abundance reporting frequency for selected for-hire inches (25 cm), TL, and the 2-inch (5- than black sea bass pots. One vessels will improve in-season cm) back panel of the pots culls out a commenter states that ghost fishing can management of the recreational sector large portion of fish less than 11-inches be addressed through the use of for snapper-grouper. (28-cm), TL. improved biodegradable escape panels. Comment 26: Four commenters Recreational sector participants use This same commenter is concerned that support increasing the commercial and hook-and-line gear, which generally traps would be required to be pulled recreational minimum size limits for catches one or two fish at a time. from the water during foul weather black sea bass. Several commenters Therefore, regulatory discards in the events. noted a disparity between commercial recreational sector are more likely to be Response: Currently, black sea bass and recreational restrictions on fishing released quickly and alive, when fishermen can leave black sea bass pots for black sea bass. Specifically, several compared to the commercial sector if in the water for the duration of the commenters oppose increasing the there are large numbers of undersized commercial fishing season. Although recreational minimum size limit fish to cull out. approximately 62 percent of black sea without increasing the commercial Comment 27: Several commenters bass pot fishermen currently bring their minimum size limit to the same size. oppose implementing a 1,000-lb (454- black sea bass pots back to shore at the One commenter states that the increase kg), gutted weight, commercial trip conclusion of each trip, others may of the recreational minimum size limit limit, while the recreational sector is leave untended gear in the water for the is too large and would guarantee limited to only 5 fish per person per entire season. Allowing this practice to increased discards. Two commenters day. continue would perpetuate the problem state the recreational minimum size Response: The Council did not of ghost fishing by lost traps. limit should be 12 inches (30 cm), TL. address the recreational bag limit for However, ghost fishing by lost black Two commenters oppose the use of black sea bass in Amendment 18A. The sea bass pots is not the only rationale for minimum size limits as a management 5-fish bag limit was implemented requiring that the pots be brought back measure for black sea bass. through Regulatory Amendment 9 in to shore at the end of every trip. The Response: NMFS is increasing the 2011. Previously, the commercial sector longer the black sea bass pots remain in minimum size limit for black sea bass in had no trip limit, which contributed to the water the greater the risk of lost the commercial sector from 10 inches derby fishing conditions that negatively pots, unintended bycatch of black sea (25 cm), TL, to 11 inches (28 cm), TL, affect profitability and safety of bass, and the amount of vertical-line and in the recreational sector from 12 fishermen. The 1,000-lb (454-kg), gutted gear in the water. This is true regardless inches (30 cm), TL, to 13 inches (33 cm), weight, trip limit is expected to reduce

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the rate of harvest and help constrain record of decision (ROD) is available 114111, finfish fishing) for all of its harvest to the ACL. from NMFS (see ADDRESSES). affiliated operations worldwide. For for- Comment 28: One commenter states This final rule has been determined to hire vessels, other qualifiers apply and that commercial trip limits and the be not significant for purposes of the annual receipts threshold is $7.0 requirement that pots be brought to Executive Order 12866. million (NAICS code 713990, shore each day is not necessary to A final regulatory flexibility analysis recreational industries). reduce the risk of right whale (FRFA) was prepared. The FRFA From 2005–2010, an annual average interactions with black sea bass pots. incorporates the initial regulatory of 247 vessels with valid permits to This commenter believes that gear flexibility analysis (IRFA), a summary of operate in the commercial snapper- modifications could reduce the risk of the significant economic issues raised grouper fishery landed black sea bass, interactions with right whales and notes by public comments, NMFS’ responses generating dockside revenues of that there has never been a documented to those comments, and a summary of approximately $1.103 million (2010 interaction between black sea bass pot the analyses completed to support the dollars). Each vessel, therefore, gear and right whales. action. The FRFA follows. generated an average of approximately Response: NMFS completed a No public comments specific to the $4,465 in gross revenues from black sea biological opinion on the South Atlantic IRFA were received and, therefore, no bass. Vessels that operate in the black snapper-grouper fishery on June 7, 2006. public comments are addressed in this sea bass segment of the snapper-grouper The biological opinion concluded that FRFA. However, several comments with fishery may also operate in other the continued authorization of the socioeconomic implications were segments of the snapper-grouper fishery, snapper-grouper fishery was not likely received and are addressed in the the revenues of which are not reflected to adversely affect marine mammals, in Comments and Responses section in the in these totals. part, because there has never been a responses to comments #2, 6, and 17. Based on revenue information, all documented interaction between black No changes in the final rule were made commercial vessels affected by the rule sea bass pot gear and large whales in the in response to public comments. can be considered small entities. South Atlantic. However, for a majority NMFS agrees that the Council’s From 2005–2010, an annual average of large whale entanglements, the actual choice of preferred alternatives would of 1,985 vessels had valid permits to fishery involved in the interaction best achieve the Council’s objectives operate in the for-hire sector of the cannot be determined and while minimizing, to the extent snapper-grouper fishery, of which 85 are entanglements in trap gear similar to practicable, the adverse effects on estimated to have operated as black sea bass pots have occurred in the fishers, support industries, and headboats. The for-hire fleet consists of South Atlantic. Thus, there is the risk of associated communities. The preamble charterboats, which charge a fee on a large whale entanglements in black sea to the final rule provides a statement of vessel basis, and headboats, which bass pot gear. the need for and objectives of this rule, charge a fee on an individual angler The management measures contained and it is not repeated here. (head) basis. The charterboat annual in Amendment 18A, including the The Magnuson-Stevens Act provides average gross revenue (2010 dollars) is commercial trip limit and the the statutory basis for this final rule. No estimated to range from approximately requirement to return black sea bass pot duplicative, overlapping, or conflicting $62,000–$84,000 for Florida vessels, gear to shore at the conclusion of each Federal rules have been identified. $73,000–$89,000 for North Carolina trip, lessen that risk. The Atlantic Large This final rule will introduce certain vessels, $68,000–$83,000 for Georgia Whale Take Reduction Team (ALWTRT) changes to current reporting, record- vessels, and $32,000–$39,000 for South has identified reducing the keeping, and other compliance Carolina vessels. For headboats, the entanglement of North Atlantic right requirements. In particular, a sample of corresponding estimates are $170,000– whales in vertical lines (i.e., trap lines), the 1,985 vessels with for-hire snapper- $362,000 for Florida vessels, and particularly in the Southeast during the grouper permits would be required to $149,000–$317,000 for vessels in the winter calving season (November-April), electronically report their harvest. other states. as a conservation priority. As part of Because all headboats are currently Based on these average revenue their objective of large whale subject to logbook reporting, the figures, all for-hire operations that conservation, the ALWTRT may incremental professional skill needed would be affected by the rule can be consider the use of modified vertical under the new requirement would be considered small entities. line gear that decreases the risk of relatively small. The incremental Some fleet activity, i.e., multiple entanglement of large whales. professional skill required of vessels owned by a single entity, may charterboats would be relatively higher exist in both the commercial and for- Classification because only about 10 percent of charter hire snapper-grouper sectors to an The Regional Administrator, captains are currently contacted on a unknown extent, and NMFS treats all Southeast Region, NMFS has weekly basis to collect trip level vessels as independent entities in this determined that this final rule is information. analysis. consistent with the FMP, Amendment NMFS expects this final rule to NMFS expects the final rule to 18A, other provisions of the Magnuson- directly affect commercial fishers and directly affect all federally permitted Stevens Act, and other applicable law. for-hire operators. The Small Business commercial vessels harvesting black sea The Council and NMFS prepared a Administration established size criteria bass and for-hire vessels that operate in final environmental impact statement for all major industry sectors in the U.S. the South Atlantic snapper-grouper (FEIS) for Amendment 18A. The FEIS including fish harvesters and for-hire fishery. All directly affected entities was filed with the EPA on February 10, operations. A business involved in fish have been determined, for the purpose 2012. A notice of availability was harvesting is classified as a small of this analysis, to be small entities. published on February 17, 2012 (77 FR business if independently owned and Therefore, NMFS determines that this 9652). In partially approving operated, is not dominant in its field of final rule will affect a substantial Amendment 18A, NMFS issued a operation (including its affiliates), and number of small entities. Record of Decision identifying the its combined annual receipts are not in NMFS considers all entities expected selected alternatives. A copy of the excess of $4.0 million (NAICS code to be affected by the rule as small

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entities, so the issue of disproportional NMFS notes that in approximately 65 potentially the bottom line of the entire effects on small versus large entities percent of trips, pots are brought back industry. The actual extent of industry does not arise in the present case. to shore. If vessels undertake longer profit reduction cannot be estimated Setting the ACL, ABC, and OY equal trips to allow their pots to fish longer, based on available information. to one another would provide an costs could rise because no restriction Increasing the recreational minimum economic environment that would exists on the length of each trip. If this size limit from 12 inches (30 cm), TL, allow small entities to maintain or practice results in maintaining the same to 13 inches (33 cm), TL, could reduce increase their profits by way of revenues per trip, vessel profits could the black sea bass harvests of headboats maximizing their use of the black sea decrease. If, however, this requirement from 20.9 percent to 22.6 percent and bass resource. results in less ghost fishing and less black sea bass harvests of other fishing Establishing a black sea bass pot interaction with protected species, modes (i.e. charterboats and private endorsement program would likely future restrictions imposed on the vessels) from 18.8 percent to 20.3 result in profit increases to those who fishery may lessen, such that long-term percent. These harvest reductions could would qualify and profit decreases to profits of small entities would remain lead to trip cancellations because the those who would not. Out of the 50 to sustainable. quality of the fishing experience would 60 individuals that currently fish for The recreational AMs, consisting of decrease. However, these harvest black sea bass using pots, approximately the in-season harvest and possession reductions could be recouped through 31 would qualify for the endorsement. restriction if the recreational ACL is met additional trips with a lengthened Although those who would not qualify or projected to be met and the post- season. The actual effects on for-hire could still fish for black sea bass using season reduction in the sector’s ACL if vessel profits depend on whether there other gear types, their harvest the recreational ACL is exceeded in the would be trip cancellations, which is performance could suffer. Because a current year, would likely reduce the uncertain based on available limited number of individuals could short-term profits of for-hire vessels. information. fish for black sea bass using pots under Similarly, the commercial AMs Increasing the commercial size limit the endorsement program, the fishing consisting of the in-season prohibition from 10 inches (25 cm), TL, to 11 inches season for the commercial sector would on the purchase and sale of black sea (28 cm), TL, could reduce the black sea likely remain open longer than it has in bass and the post-season reduction in bass harvests of commercial vessels by the last few years. This could cause the sector’s ACL, would likely result in slightly over 9 percent. Actual overall industry profits to increase or at profit reductions to the commercial reductions in harvest would partly least remain stable. vessels. To the extent that this provision depend on whether vessels take Establishing an appeals process for allows the rebuilding target to be additional or longer trips to recoup fishermen initially excluded from the reached within the rebuilding period, potential harvest losses. Although black sea bass pot endorsement program long-term profits to for-hire and additional or longer trips would would provide opportunities for those commercial fishing operations would maintain total revenues, either by qualified to receive their endorsement. increase. In addition, the projected maintaining the same harvest or by Given the narrow basis for appeals, only increases in the aggregate (commercial generating more revenue per fish since a limited number of appeals would and recreational) ACL under the a bigger black sea bass generally likely be successful. rebuilding strategy, as long as the prior commands a higher price, costs would Limiting the number of pots per year’s combined ACL is not exceeded, also increase. The net effects on per vessel would likely decrease the short- would tend to negate some or all of the vessel and industry profits cannot be term profits of small entities. The adverse profit effects of the post-season determined with available information. maximum number of 35 pots allowed AM applied to either the commercial or Requiring selected for-hire vessels to per vessel is lower than the current recreational sector. If either sector, but report electronically would affect some average of 45 pots per vessel fished, and not both, exceeds its ACL in the current of the 1,985 vessels with for-hire would affect about 48 percent of the year, that sector’s ACL would be snapper-grouper permits. This trips. Vessels that have historically used reduced the following year. The requirement would add costs to these more than 35 pots per trip would combined commercial and recreational vessels’ operations. The incremental generate lower revenues per trip or ACL, and therefore the sector ACLs, costs to selected headboats would not higher overall fishing costs to maintain would still increase so long as the likely be as much as for charterboats the same overall revenues. However, combined ACL is not exceeded in the because headboats are currently subject because the endorsement program prior year. to logbook reporting. Charterboats are would limit the number of participants Establishing a commercial vessel trip not currently subject to logbook in the black sea bass pot segment of the limit of 1,000 lb (454 kg), gutted weight reporting although NMFS now routinely snapper-grouper fishery, fishermen who [1,180 lb (535 kg), round weight], would contacts some charter captains to collect would be adversely affected by the limit tend to adversely affect the catch and trip level information. The resulting on the number of pot tags per vessel revenue per trip of vessels that generally effects to for-hire vessel profits are could take more trips to recoup their land over this limit. Based on the 2010– indeterminable. losses. Thus, overall industry profits, 2011 fishing season data, this alternative Amendment 18A contains other which are expected to increase or would adversely affect approximately provisions that could eventually have remain stable under the endorsement 8.4 percent of trips accounting for a total effects on the operations of small program, may remain unaffected by the of about 83,000 lb (37,648 kg), valued at entities. First, modifying the rebuilding potential losses to fishermen adversely about $203,000. NMFS notes, though, strategy and setting the ABC for black affected by the limit on pot tags. that this trip limit could lengthen the sea bass would retain the current Requiring that black sea bass pots be fishing season, allowing opportunities economic status of small entities for the brought back to shore at the conclusion for some vessels to recoup some of their next 2 years of the rebuilding period. of each trip as a means to reduce revenue losses for the year. At any rate, Thereafter, profits to small entities may bycatch may restrict the fishing NMFS expects that some of these increase with a shift from a constant operations of some vessels. Its effects on revenue reductions would filter into the catch strategy to a constant fishing profits are relatively unknown, but bottom line of some vessels and mortality strategy that would allow the

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ABC to increase over time depending on would establish a constant fishing the black sea bass pot segment of the the results of future stock assessments. mortality rebuilding strategy throughout snapper-grouper fishery. This would Second, as part of modifying the the remaining years of the rebuilding increase the likelihood of the derby- rebuilding strategy, overfishing for black timeframe. Under the first sub- style fishing conditions, potentially sea bass will be determined on an alternative, the fishing mortality rate dampening industry profitability. The annual basis using the maximum fishing would be 75 percent of the fishing second alternative includes seven sub- mortality threshold and the overfishing mortality at MSY (75-percent FMSY), and alternatives, of which one is the limit. This provision alone would not under the second sub-alternative, the preferred sub-alternative that would affect the profits of small entities. Third, fishing mortality rate that would rebuild require minimum landings of 2,500 lb an ACT for the recreational sector the stock by 2016 (FREBUILD by 2016). (1,134 kg), round weight, to be eligible would account for management These two sub-alternatives would to participate in the endorsement uncertainty in the recreational sector, provide for higher ABCs than the program. The first sub-alternative would related in part to the timely accounting preferred alternative during the first 2 set the minimum landings at 500 lb (227 of this sector’s harvests. Currently, this years, and thus, higher economic kg), round weight; the second sub- ACT does not trigger application of benefits in the short term. These two alternative, at 1,000 lb (454 kg), round AMs, so short-term profits to small sub-alternatives would also result in weight; the third sub-alternative, at entities would remain unaffected. If the higher economic benefits in the long 2,000 lb (907 kg), round weight; the Council decides in the future to use the term if the preferred alternative’s future fourth, at 3,500 lb (1,588 kg), round ACT as the trigger for application of ABCs were not substantially higher than weight; the fifth, at 5,000 lb (2,268 kg), AMs, profits to small entities may be those of the two sub-alternatives. The round weight; and, the sixth, at 10,000 adversely affected. However, because fourth alternative would maintain the lb (4,536 kg), round weight. These sub- this measure is designed to help ensure current constant catch strategy and ABC alternatives would allow varying that the rebuilding strategy stays on for the next 2 years of the rebuilding numbers of individuals/entities to track, long-term profitability would be timeframe and switch to a constant qualify for the endorsement: higher sustainable. fishing mortality strategy at FREBUILD landings requirements would result in Five alternatives, including the throughout the remainder of the fewer qualifiers. The Council’s choice of rebuilding timeframe. This alternative preferred alternative, were considered preferred alternative was based on the would provide for the same ABC as the for modifying the rebuilding strategy assessment that about 30 individuals/ preferred alternative during the first 2 and ABC. The preferred alternative has entities can be profitably sustained by years, but relates to a lower probability a relatively high probability of the black sea bass pot segment of the of rebuilding the stock to biomass at rebuilding the stock so that it is more snapper-grouper fishery. In this case, MSY. Because this alternative has the likely to result in ABC increases after sub-alternatives requiring less than same ABCs as the preferred alternative the first 2 years. The actual ABC levels 2,500 lb (1,134 kg), round weight, of during the first 2 years and adopts a after 2 years are currently unknown but landings for endorsement eligibility constant fishing mortality rebuilding would be specified based on future would likely result in unsustainable strategy thereafter, it is possible the two stock assessments. The first alternative, profits. On the other end, sub- alternatives would result in about the alternatives requiring higher than 2,500 the no action alternative, would same economic effects over time. maintain the constant catch rebuilding lb (1,134 kg), round weight, of landings Four alternatives, including the would severely restrict participation in strategy and current ABC throughout the preferred alternative, were considered the fishery although industry rebuilding timeframe. This alternative for modifying the ACL for black sea profitability would be more sustainable. has the same probability of rebuilding bass. The first alternative, the no action In addition, a highly restrictive the stock as the preferred alternative. alternative, would maintain the existing endorsement qualification criterion, Because it would maintain the same ACL equal to ABC and OY equal to 75 such as 10,000 lb (4,536 kg), round ABC over time it would likely result in percent of the fishing mortality at MSY. weight, would tend to eliminate small lower economic benefits than the This alternative is more restrictive than scale operations that have historically preferred alternative. The second the preferred alternative in setting OY as characterized the black sea bass pot alternative would establish a new the underlying goal of managing the segment of the snapper-grouper fishery. constant catch rebuilding strategy with black sea bass stock. The second a higher (than current) ABC throughout alternative would set the ACL equal to The third alternative, with two sub- the remaining years of the rebuilding 90 percent of the ABC and the latter alternatives, would require that no timeframe. Relative to the preferred equal to OY. The third alternative South Atlantic state shall have fewer alternative, the second alternative would set the ACL equal to 80 percent than two entities qualifying for the would provide for a higher ABC for 2 of the ABC and the latter equal to OY. endorsement. The first sub-alternative years and a lower or higher ABC These other alternatives would provide would set a minimum landings thereafter depending on the results of for a lower ACL than the preferred requirement of 1,000 lb (454 kg), round future stock assessments. Thus, the sum alternative, and thus lower economic weight, and the second, 2,000 lb (907 of economic benefits over the rebuilding benefits as well. kg), round weight. This alternative, with timeframe under this alternative could Three alternatives, including the the sub-alternatives, was intended to be lower or higher than that of the preferred alternative, were considered allow participation by all South Atlantic preferred alternative, depending on the for establishing an endorsement states in the endorsement program. preferred alternative’s actual ABC level. program for the black sea bass pot Since the minimum number of It may only be noted that, being a segment of the snapper-grouper fishery. qualifiers from each state would be the constant catch strategy, this alternative The first alternative, the no action same under this alternative and the would likely lead to the ACL being met alternative, would not establish an preferred alternative, the Council sooner as the fish stock rebuilds, endorsement program. This alternative deemed this third alternative resulting in applications of in-season would continue to allow anyone with an unnecessary. and post-season AMs. The third Unlimited or 225-lb (102-kg) Limited Three alternatives, including the alternative, with two sub-alternatives, Snapper-Grouper Permit to engage in preferred alternative, were considered

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for establishing an appeals process for in the water until the commercial quota weight; and, the eighth alternative, 250 fishermen initially excluded from the is reached. This alternative would not lb (113 kg), gutted weight. NMFS endorsement program. The first help reduce bycatch in the black sea expects that trip limits lower than the alternative, the no action alternative, bass pot segment of the snapper-grouper preferred alternative of 1,000 lb (454 would not establish an appeals process. fishery. The second alternative would kg), gutted weight, would lead to larger This alternative has the potential to allow fishermen to leave pots in the adverse effects on per trip profitability unduly penalize participants if they water for no more than 72 hours. This and the opposite would occur with were incorrectly excluded from the alternative would have about the same higher trip limits. Based on the endorsement program. The second effects as the preferred alternative on Council’s assessment, the preferred alternative is the same as the preferred pot fishing operations, because most alternative would provide the best alternative, except that it would fishing trips for black sea bass using balance between per trip losses in establish a special board, composed of pots last for less than 3 days. However, profits and higher industry profits from state directors and designees, that it would present a higher probability for a longer fishing season. would review, evaluate, and make ghost fishing because pots may be left in Three alternatives, including two individual recommendations to the RA. the water on short vessel trips or not preferred alternatives, were considered This alternative would introduce an retrieved during inclement weather. for modifying the commercial and additional administrative burden that Three alternatives, including the recreational minimum size limit. The may not improve the appeals process preferred alternative, were considered first alternative, the no action because the only appealable issues are for modifying the AMs for black sea alternative, would not change the eligibility and landings. bass. The first alternative, the no action commercial or recreational size limit. In Five alternatives, including the alternative, would maintain the current principle, this alternative would preferred alternative, were considered commercial and recreational AMs. The provide the best economic environment for limiting effort in the black sea bass Council concluded that this alternative for both the commercial and pot segment of the snapper-grouper was not effective in constraining harvest recreational sectors, because their fishery. The first alternative, the no at or below the sector ACLs. The second operations would remain relatively action alternative, would not limit the alternative is similar to the preferred unaffected. However, this alternative number of black sea bass pots deployed alternative for the recreational sector, would not help in constraining the rate or pot tags issued to holders of snapper- except that it would trigger in-season of harvest which has been increasing in grouper commercial permits. Among the AMs only if the black sea bass stock is recent years, leading to early closures of alternatives, this is potentially the best overfished. This alternative could lead both the commercial and recreational alternative for efficient operations in the to larger post-season adjustment of the sectors of the black sea bass segment of black sea bass pot segment of the recreational ACL and thus larger the snapper-grouper fishery. The second snapper-grouper fishery. But with no adverse effects on for-hire profits, alternative includes three sub- limit on the number of pots, a high particularly if the aggregate ACL is alternatives for commercial size limits, likelihood arises that more pots may be exceeded. Moreover, if overages in the one of which is the preferred sub- lost and ‘‘ghost fish’’ for black sea bass recreational harvest lead to exceeding alternative. The second sub-alternative or other species. In addition, the more the aggregate ACL, the aggregate ACL would increase the commercial size pots, the more vertical lines are in the would not automatically increase the limit from 10 inches (25 cm), TL, to 12 water, which increases the probability following year, resulting in adverse inches (30 cm), TL. This sub-alternative of interaction with certain protected effects on both the commercial and would lead to relatively larger adverse species. Ghost fishing is likely to hinder recreational sectors. effects on the profits of commercial the rebuilding of black sea bass or Nine alternatives, including the vessels but would also tend to allow a provide less protection to other snapper- preferred alternative, were considered longer fishing season. However, the grouper species subject to a rebuilding for establishing a commercial trip limit. Council concluded that this sub- strategy. Both ghost fishing and The first alternative, the no action alternative would not provide the best interactions with protected species alternative, would not establish a balance between short-term profit could lead to the implementation of commercial trip limit. In principle, this reductions and profit increases from a more restrictive measures that would alternative would likely provide the longer season. The third sub-alternative impinge on the profits of commercial most short-term profitability among would increase the commercial size vessels. The second alternative would commercial vessels on a per trip basis, limit from 10 inches (25 cm), TL, to 11 limit black sea bass pot tags to 100 per because commercial vessel operations inches (28 cm), TL, in the first year and vessel per year; the second alternative, would remain unaffected. However, this to 12 inches (30 cm), TL, thereafter. This to 50 per vessel per year; and, the third alternative could lead to lower industry sub-alternative would eventually lead to alternative, to 25 per vessel per year. profitability if harvest rate is not larger adverse effects on the profits of These other alternatives differ from the effectively controlled and this results in commercial vessels but would also tend preferred alternative only in the a shortened fishing season. The second to allow a longer fishing season. maximum number of pots deployed or alternative would establish a trip limit However, the Council concluded that pot tags issued per vessel, with the of 500 lb (227 kg), gutted weight; the this sub-alternative would not provide higher numbers providing better third alternative, 750 lb (340 kg), gutted the best balance between short-term opportunities for higher profits per weight; the fourth alternative, 1,250 lb profit reductions and profit increases vessel trip. But as noted above, the (567 kg), gutted weight. The fifth from a longer season. higher number of pots, the higher the alternative would establish a trip limit Four alternatives, including the probability of ghost fishing and of 1,000 lb (454 kg), gutted weight, that preferred alternative, were considered interaction with protected species. would be reduced to 500 lb (227 kg), for improving for-hire data reporting. Three alternatives, including the gutted weight, when 75 percent of the The first alternative (the no action preferred alternative, were considered commercial ACL is met. The sixth alternative) would retain the existing for reducing bycatch in black sea bass alternative would establish a trip limit data reporting systems for the for-hire pots. The first alternative, the no action of 2,000 lb (907 kg), gutted weight; the sector. However, the Council concluded alternative, would allow pots to remain seventh, 2,500 lb (1,134 kg), gutted that modifications to existing

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recreational data collection are implementing a spawning season of Management and Budget (OMB) necessary to the extent that they would closure. The first alternative would under control numbers 0648–0603 and not be too burdensome on for-hire implement a March 1–April 30 0648–0205. Public reporting burden for vessel operations. The second spawning season closure; the second the for-hire sector of the snapper- alternative would require vessels alternative, an April 1–May 31 grouper fishery to submit logbook operating with a Federal for-hire permit spawning season closure; the third information electronically, if selected to to maintain a logbook for discard alternative, a March 1–May 31 spawning do so, is estimated to average 30 characteristics (e.g., size and reason for season closure; and, the fourth minutes per electronic logbook discarding), if selected. This alternative alternative, a May 1–May 31 spawning installation and 1 minute per weekly season closure. These alternatives would provide better information download of the weekly logbook regarding discards, but would increase would result in short-term profit information. Public reporting burden for costs for for-hire vessel operations. The reductions to commercial and for-hire third alternative would require that for- vessels. Black sea bass do not form large South Atlantic Unlimited Snapper- hire landings and catch/effort data be spawning aggregations and the peak Grouper Permit holders to submit their submitted in accordance with the spawning period occurs at different logbook information if they are Atlantic States Cooperative Statistics times of the year across the South appealing their landings data for a black Program (ACCSP) standards, using the Atlantic. Therefore, short-term profit sea bass pot endorsement is estimated to South Atlantic Fisheries Information reductions could persist in the future as average 2 hours per response. Public System (SAFIS). Although this the benefits from a spawning season reporting burden for the requirement to alternative has the potential to improve closure are not well established. check boxes on the Federal Permit recreational data collection, it would be Four alternatives, including the Application Form for a new costly to for-hire vessels. Therefore, the preferred alternative (no action endorsement or renewal of the black sea Council decided to wait until the new alternative), were considered for bass pot endorsement is estimated to Marine Recreational Information improving commercial data reporting. average 1 minute per response. Finally, Program (MRIP) has been in place for The first alternative would require all the public reporting burden for the some time to determine whether it vessels with Federal snapper-grouper requirement to check boxes on the would be sufficient for reporting for-hire commercial permits to have an Federal Permit Application Form for landings data. electronic logbook tied to the vessel’s black sea bass pot tags (Floy tags) for the Four alternatives, including the Global Position System onboard the endorsement program is estimated to preferred alternative, were considered vessel. The second alternative would average 1 minute per response. These for setting the recreational annual catch provide the option for fishermen to estimates of the public reporting burden target (ACT). The first alternative, the no submit their logbook entries action alternative, would not set a electronically via an electronic version include the time for reviewing recreational ACT, and thus, would not of the logbook made available online. instructions, searching existing data meet the stated objective. The second The third alternative would require sources, gathering and maintaining the alternative would set the recreational submission of commercial landings and data needed, and completing and ACT equal to 85 percent of the catch and effort data in accordance with reviewing the collection-of-information. recreational ACL. The third alternative the ACCSP standards, using the SAFIS. Send comments regarding the burden would set the recreational ACT equal to These alternatives would introduce estimate or any other aspect of the 75 percent of the recreational ACL. additional cost to commercial fishing collection-of-information requirement, NMFS estimates that these two operations. In the particular case of the including suggestions for reducing the alternatives would result in lower ACTs second alternative, fishermen would be burden, to NMFS and to OMB (see than the preferred alternative, so that if unlikely to opt for electronic reporting ADDRESSES). an ACT triggers management actions, because of its additional cost, thereby Notwithstanding any other provision these two alternatives would result in rendering the alternative impractical. of the law, no person is required to larger adverse effects on the profits of The Council decided to address this respond to, and no person shall be for-hire vessels. issue in the future through a In Amendment 18A, the Council comprehensive amendment for subject to penalty for failure to comply considered several actions for which the improving data collection. with, a collection of information subject no-action alternative was the preferred Section 212 of the Small Business to the requirements of the PRA, unless alternative. Regulatory Enforcement Fairness Act of that collection of information displays a Three alternatives, including the 1996 states that, for each rule or group currently valid OMB control number. preferred alternative (no action of related rules for which an agency is List of Subjects in 50 CFR Part 622 alternative), were considered for setting required to prepare a FRFA, the agency the commercial ACT. The first shall publish one or more guides to Fisheries, Fishing, Puerto Rico, alternative would set the commercial assist small entities in complying with Reporting and recordkeeping ACT equal to 90 percent of the the rule, and shall designate such requirements, Virgin Islands. commercial ACL. The second publications as small entity compliance alternative would set the commercial guides. As part of the rulemaking Dated: May 29, 2012. ACT equal to 80 percent of the process, NMFS prepared a fishery Alan D. Risenhoover, commercial ACL. Because NMFS bulletin, which also serves as a small Acting Deputy Assistant Administrator for closely tracks the commercial landings entity compliance guide. The fishery Regulatory Programs, National Marine in-season through a quota monitoring bulletin will be sent to all vessel permit Fisheries Service. system, the Council concluded that a holders in the South Atlantic snapper- commercial ACT as a monitoring tool grouper fishery. For the reasons set out in the was unnecessary. This final rule contains collection-of- preamble, 50 CFR part 622 is amended Five alternatives, including the information requirements subject to the as follows: preferred alternative (no action Paperwork Reduction Act (PRA) and alternative), were considered for which have been approved by the Office

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PART 622—FISHERIES OF THE Only legal landings reported in each application form. The handbook is CARIBBEAN, GULF, AND SOUTH compliance with applicable state and available from the RA. The appropriate ATLANTIC Federal regulations are acceptable. fee must accompany each application (B) Initial issuance. On or about June for renewal or replacement. ■ 1. The authority citation for part 622 1, 2012, the RA will mail each eligible * * * * * continues to read as follows: permittee a black sea bass pot (5) * * * Authority: 16 U.S.C. 1801 et seq. endorsement via certified mail, return (i) * * * receipt requested, to the permittee’s ■ 2. In § 622.4, paragraph (a)(2)(xv) is (A) An operator of a vessel that has or address of record as listed in NMFS’ is required to have a Commercial Vessel added and paragraph (a)(5)(i)(A) is permit files. An eligible permittee who revised to read as follows: Permit for Rock Shrimp (Carolinas does not receive an endorsement from Zone) or a Commercial Vessel Permit for § 622.4 Permits and fees. the RA, must contact the RA no later Rock Shrimp (South Atlantic EEZ). than July 1, 2012, to clarify his/her (a) * * * endorsement status. A permittee denied * * * * * (2) * * * ■ 3. In § 622.5, paragraphs (b)(2)(i) and (xv) South Atlantic black sea bass pot an endorsement based on the RA’s initial determination of eligibility and (ii) are revised to read as follows: endorsement. For a person aboard a who disagrees with that determination vessel, for which a valid commercial § 622.5 Recordkeeping and reporting. may appeal to the RA. vessel permit for South Atlantic (C) Procedure for appealing black sea * * * * * snapper-grouper unlimited has been bass pot endorsement eligibility and/or (b) * * * issued, to use a black sea bass pot in the landings information. The only items (2) * * * South Atlantic EEZ, a valid South subject to appeal are initial eligibility (i) Charter vessels. Completed fishing Atlantic black sea bass pot endorsement for a black sea bass pot endorsement records required by paragraph (b)(1)(i) must have been issued to the vessel and based on ownership of a qualifying of this section for charter vessels must must be on board. A permit or snapper-grouper permit, the accuracy of be submitted to the SRD weekly, endorsement that has expired is not the amount of landings, and correct postmarked not later than 7 days after valid. NMFS will renew this assignment of landings to the permittee. the end of each week (Sunday). endorsement automatically when Appeals based on hardship factors will Completed fishing records required by renewing the commercial vessel permit not be considered. Appeals must be paragraph (b)(1)(ii) of this section for for South Atlantic snapper-grouper submitted to the RA postmarked no later charter vessels may be required weekly unlimited associated with the vessel. than October 1, 2012, and must contain or daily, as directed by the SRD. The RA will not reissue this documentation supporting the basis for Information to be reported is indicated endorsement if the endorsement or the the appeal. The RA will review all on the form and its accompanying commercial vessel permit for South appeals, render final decisions on the instructions. Atlantic snapper-grouper unlimited is appeals, and advise the appellant of the (ii) Headboats. Completed fishing revoked or if the RA does not receive a final NMFS decision. records required by paragraph (b)(1)(i) complete application for renewal of the (1) Eligibility appeals. NMFS’ records of this section for headboats must be commercial vessel permit for South of snapper-grouper permits are the sole submitted to the SRD monthly and must Atlantic snapper-grouper unlimited basis for determining ownership of such either be made available to an within 1 year after the permit’s permits. A person who believes he/she authorized statistical reporting agent or expiration date. meets the permit eligibility criteria be postmarked not later than 7 days (A) Initial eligibility. To be eligible for based on ownership of a vessel under a after the end of each month. Completed an initial South Atlantic black sea bass different name, for example, as a result fishing records required by paragraph pot endorsement, a person must have of ownership changes from individual (b)(1)(ii) of this section for headboats been issued and must possess a valid or to corporate or vice versa, must may be required weekly or daily, as renewable commercial vessel permit for document his/her continuity of directed by the SRD. Information to be South Atlantic snapper-grouper that has ownership. reported is indicated on the form and its black sea bass landings using black sea (2) Landings appeals. Determinations accompanying instructions. bass pot gear averaging at least 2,500 lb of appeals regarding landings data for * * * * * (1,134 kg), round weight, annually 1999 through 2010 will be based on ■ during the period January 1, 1999 NMFS’ logbook records. If NMFS’ 4. In § 622.37, paragraph (e)(3)(i) is through December 31, 2010. Excluded logbooks are not available, the RA may revised to read as follows: from this eligibility, are trip-limited use state landings records or data for the § 622.37 Size limits. permits (South Atlantic snapper-grouper period 1999 through 2010 that were permits that have a 225-lb (102.1-kg) * * * * * submitted in compliance with (e) * * * limit of snapper-grouper) and valid or applicable Federal and state regulations renewable commercial vessel permits (3) * * * on or before December 31, 2011. (i) Black seas bass. (A) For a fish for South Atlantic snapper-grouper (D) [Reserved] unlimited that have no reported (E) Fees. No fee applies to initial taken by a person subject to the bag landings of black sea bass using black issuance of a black sea bass pot limit specified in § 622.39(d)(1)(vii)—13 sea bass pots from January 1, 2008, endorsement. NMFS charges a fee for inches (33 cm), TL. through December 31, 2010. NMFS will each renewal or replacement of such (B) For a fish taken by a person not attribute all applicable black sea bass endorsement and calculates the amount subject to the bag limit specified in landings associated with a current of each fee in accordance with the § 622.39(d)(1)(vii)—11 inches (28 cm), snapper-grouper permit for the procedures of the NOAA Finance TL. applicable landings history, including Handbook for determining the * * * * * those reported by a person(s) who held administrative costs of each special ■ 5. In § 622.40, paragraph (d)(1)(i)(B) is the permit prior to the current permit product or service. The fee may not revised and paragraphs (d)(1)(i)(C) and owner, to the current permit owner. exceed such costs and is specified with (D) are added to read as follows:

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§ 622.40 Limitations on traps and pots. estimated by the SRD, reach or are DEPARTMENT OF COMMERCE * * * * * projected to reach the quota specified in (d) * * * § 622.42(e)(5), the AA will file a National Oceanic and Atmospheric (1) * * * notification with the Office of the Administration (i) * * * Federal Register to close the commercial (B) A sea bass pot must be removed sector for the remainder of the fishing 50 CFR Part 697 from the water in the South Atlantic year. [Docket No.110722404–1073–02] EEZ and the vessel must be returned to a dock, berth, beach, seawall, or ramp at (B) If commercial landings exceed the RIN 0648–BA56 the conclusion of each trip. Sea bass quota specified in § 622.42(e)(5), the AA pots may remain on the vessel at the will file a notification with the Office of Atlantic Coastal Fisheries Cooperative conclusion of each trip. the Federal Register, at or near the Management Act Provisions; American (C) A sea bass pot must be removed beginning of the following fishing year Lobster Fishery from the water in the South Atlantic to reduce the ACL for that following AGENCY: National Marine Fisheries EEZ when the applicable quota year by the amount of the overage in the Service (NMFS), National Oceanic and specified in § 622.42(e)(5) is reached. prior fishing year, unless the SRD Atmospheric Administration (NOAA), After a closure is in effect, a black sea determines that no overage is necessary Commerce. bass may not be retained by a vessel that based on the best scientific information ACTION: Final rule. has a sea bass pot on board. available. (D) A vessel that has on board a valid (ii) Recreational sector. (A) If SUMMARY: With this final rule, NMFS Federal commercial permit for South recreational landings for black sea bass, implements new Federal American Atlantic snapper-grouper and a South as estimated by the SRD, are projected lobster regulations that will limit entry Atlantic black sea bass pot endorsement to reach the recreational ACL of 409,000 into the lobster trap fishery in Lobster that fishes in the South Atlantic EEZ on Conservation Management Area 1 (Area lb (185,519 kg), gutted weight; 482,620 a trip with black sea bass pots, may 1), located in the Federal inshore waters lb (218,913 kg), round weight; the AA possess only 35 black sea bass pots per of the Gulf of Maine. Eligibility will be vessel per permit year. Each black sea will file a notification with the Office of based on specific eligibility criteria bass pot in the water or onboard a vessel the Federal Register to close the designed to identify active Federal Area in the South Atlantic EEZ, must have a recreational sector for the remainder of 1 lobster trap permits. If a permit meets valid identification tag issued by NMFS the fishing year. On and after the the eligibility criteria, the permit holder attached. NMFS will issue new effective date of such a notification, the will be authorized to fish in the Federal identification tags each permit year that bag and possession limit is zero. This waters of Area 1 with up to 800 lobster will replace the tags from the previous bag and possession limit applies in the traps. The limited entry program permit year. South Atlantic on board a vessel for responds to the recommendations for * * * * * which a valid Federal charter vessel/ Federal action in the Atlantic States ■ 6. In § 622.42, paragraph (e)(5) is headboat permit for South Atlantic Marine Fisheries Commission’s revised to read as follows: snapper-grouper has been issued, (Commission) Interstate Fishery without regard to where such species Management Plan for American Lobster § 622.42 Quotas. were harvested, i.e. in state or Federal (ISFMP, Lobster Plan). * * * * * waters. DATES: This final rule is effective July 2, (e) * * * (B) If recreational landings for black 2012. (5) Black sea bass—309,000 lb sea bass, as estimated by the SRD, Applicability Dates: Applications for (140,160 kg), gutted weight; 364,620 lb exceed the ACL, the AA will file a Area 1 Lobster trap fishery eligibility are (165,389 kg), round weight. notification with the Office of the due by November 1, 2012. Eligibility decisions will become effective no * * * * * Federal Register, to reduce the earlier than the start of the 2013 Federal ■ 7. In § 622.44, paragraph (c)(8) is recreational ACL the following fishing lobster fishing year which begins May 1, added to read as follows: year by the amount of the overage in the 2013; however, those who submit an § 622.44 Commercial trip limits. prior fishing year, unless the SRD application prior to September 1, 2012, determines that no overage is necessary * * * * * will be assured, to the extent (c) * * * based on the best scientific information practicable, of a final decision on their (8) Black sea bass. Until the available. eligibility in time for the 2013 Federal applicable quota specified in * * * * * lobster fishing year. § 622.42(e)(5) is reached, 1,000 lb (454 [FR Doc. 2012–13342 Filed 5–31–12; 8:45 am] ADDRESSES: Copies of the American kg), gutted weight; 1,180 lb (535 kg), BILLING CODE 3510–22–P Lobster Environmental Assessment/ round weight. See § 622.43(a)(5) for the Regulatory Impact Review/Final limitations regarding black sea bass after Regulatory Flexibility Analysis (EA/ the applicable quota is reached. RIR/FRFA) prepared for this regulatory * * * * * action are available upon written ■ 8. In § 622.49, paragraph (b)(5) is request to Robert Ross, Supervisory revised to read as follows: Fishery Policy Analyst, Sustainable Fisheries Division, NMFS, 55 Great § 622.49 Annual catch limits (ACLs) and Republic Drive, Gloucester, MA 01930, accountability measures (AMs). telephone (978) 281–9234. The * * * * * documents also are available online at (b) * * * http://www.nero.noaa.gov (5) Black sea bass—(i) Commercial You may submit written comments sector. (A) If commercial landings, as regarding the burden-hour estimates or

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other aspects of the collection-of- state management. To achieve this indeed relatively unchecked. Some information requirements contained in purpose, NMFS needs to respond to fishers provided anecdotal evidence that this final rule to the mailing address recently-approved state management Area 1 Federal waters fishing effort listed above and by email to measures that control effort within the might be on the increase. Specifically, [email protected], or fax lobster fishery. Specifically, the the Area 1 LCMT, an advisory group to (202) 395–7285. Commission’s Lobster Plan seeks to composed of lobster fishermen, worried FOR FURTHER INFORMATION CONTACT: limit entry into the Federal Area 1 that limited access programs in the Peter Burns, Fishery Policy Analyst, lobster trap fishery. Of the seven Lobster other lobster management areas might phone (978) 281–9144, fax (978) 281– Conservation Management Areas cause, and perhaps were already 9135. (LCMAs, Areas) only Area 1 remains causing, non-qualifiers to move their open and accessible to all Federal businesses into Area 1—the only SUPPLEMENTARY INFORMATION: This lobster permit holders under the remaining non-limited access area. They action will limit access to the lobster Commission Plan. Commissioners and were also concerned that restrictions in trap fishery in the Federal waters of Area 1 permit holders alike are other fisheries may lead permit holders Area 1 by employing qualification concerned that restrictions in these who fish for lobster with non-trap gear criteria similar to those recommended other LCMAs could cause a shift of trap to convert to trap fishing in Area 1. The by the Area 1 Lobster Conservation fishing effort into Area 1 from other Area 1 LCMT recommended that the Management Team (LCMT) and by the areas, and a shift of non-trap fishing Commission limit access to the trap Commission’s Lobster Board in effort in Area 1 to trap fishing effort, fishery in Area 1 Federal waters to those Addendum XV to Amendment 3 of the potentially flooding Area 1 with new fishers who could document having Commission’s Plan (Addendum XV). fishers, upsetting local lobster stock fished there with trap gear in the past. Specifically, interested applicants will stability, and undermining existing The Area 1 LCMT worried that be required to show proof of the social and cultural lobster fishing speculators will newly declare into Area following three criteria: (1) Proof that traditions in Area 1. 1 upon hearing the news and, therefore, they possess an active Federal lobster the LCMT recommended establishing an Background permit; (2) proof that the permit immediate control date after which contained an Area 1 trap designation American lobsters are managed fishing history could not be credited during the 2008 fishing season (May 1, within the framework of the towards qualification. 2008–April 30, 2009); and (3) proof that Commission. The Commission serves to The Commission agreed with the at least one Area 1 trap tag was develop fishery conservation and scientists and LCMT that a potential purchased under the involved permit management strategies for certain shift of trap fishing effort into Area 1 during any one of the 2004–2008 fishing coastal species and coordinates the could jeopardize the sustainability of years. Interested applicants must apply efforts of the states and Federal the Gulf of Maine lobster stock and Area to NMFS for access on or before Government toward concerted 1 fishery and, consequently, the November 1, 2012. sustainable ends. The Commission, Commission’s Lobster Board began to under the provisions of the Atlantic Statutory Authority develop, in 2008, Addendum XV to Coastal Act, decides upon a Amendment 3 of the ISFMP. Addendum These regulations will modify Federal management strategy as a collective and XV and Amendment 3 are available at lobster fishery management measures in then forwards that strategy to the states the Commission’s Web site at http:// the Exclusive Economic Zone (EEZ) and Federal Government, along with a www.asmfc.org. Addendum XV intends under the authority of section 803(b) of recommendation that the states and to control lobster trap fishing effort by the Atlantic Coastal Fisheries Federal Government take action (e.g., limiting the transfer of Federal lobster Cooperative Management Act (Atlantic enact regulations) in furtherance of this permits into Area 1 from other areas and Coastal Act) 16 U.S.C 5101 et seq., strategy. The Federal Government is from the non-trap fishery. which states, in the absence of an obligated by statute to support the As the Commission developed approved and implemented fishery Commission’s ISFMP and overall Addendum XV in October 2008, they management plan under the Magnuson- fishery management efforts (See asked NMFS to immediately publish a Stevens Fishery Conservation and Statutory Authority). Consistent with control date to prevent speculators from Management Act (Magnuson-Stevens these requirements, NMFS published moving into Area 1. On January 2, 2009, Act) (16 U.S.C. 1801 et seq.) and, after this final rule to cap and control lobster NMFS published an Advance Notice of consultation with the appropriate trap fishing effort in Area 1 in support Proposed Rulemaking (ANPR) in the Fishery Management Council(s), the of the Commission’s ISFMP. Federal Register (74 FR 67) to notify the Secretary of Commerce may implement Area 1, the most productive lobster public that any further investment in regulations to govern fishing in the EEZ, management area with respect to the Area 1 trap fishery may not i.e., from 3 to 200 nautical miles (nm) landings, is within the Gulf of Maine guarantee future access if a limited entry offshore. The regulations must be (1) stock area. The most recent lobster stock program is implemented and to solicit compatible with the effective assessment (2009) indicated that Gulf of public comments on the issue (see implementation of an ISFMP developed Maine lobster stock abundance is Comments and Responses). Knowing by the Commission and (2) consistent relatively high, with stable levels of that Federal action will be needed to with the national standards set forth in fishing mortality. Despite favorable restrict the movement of Federal lobster section 301 of the Magnuson-Stevens conditions, the stock assessment permits into Area 1, the Commission Act. cautioned that unchecked trap fishing adopted the publication date of the effort in Area 1 could negatively impact ANPR (January 2, 2009) as a control date Purpose and Need for Management the sustainability of the Gulf of Maine for determination of Area 1 eligibility. The purpose of this action is to lobster fishery if lobster abundance The Commission approved manage the American lobster fishery in declined to long-term median levels. Addendum XV in November 2009 after a manner that maximizes resource At this same time, lobster managers receiving public input in numerous sustainability, recognizing that Federal and Area 1 lobster fishers became aware public meetings. In Addendum XV, the management occurs in concert with that trap fishing effort in Area 1 was Commission recommended an Area 1

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limited access program with the Advisory Panel is a committee of management area in the Commission’s following three eligibility criteria: (1) individuals with particular knowledge Lobster Plan that was open to all lobster Possession of a Federal limited access and experience in the fishery, whose permits for lobster trap fishing. As other lobster permit; (2) proof of an Area 1 role is to provide the Lobster Board with areas become restricted, those permits designation on the Federal lobster comment and advice. Minutes of the that do not qualify for trap fishing can permit as of the January 2, 2009, control Technical Committee and Advisory be purchased and relocated to Area 1. date; and (3) proof of purchase of an Panel meetings can be found at the Further, the most recent stock Area 1 lobster trap tag during any year Commission’s Web site at http:// assessment in 2009 indicated that from 2004–2008, inclusive. Addendum www.asmfc.org under the ‘‘Minutes & although the Gulf of Maine lobster stock XV did not recommend making any Meetings Summary’’ page in the was in favorable condition, increases in change to the trap cap in Area 1, American lobster sub-category of the fishing effort could de-stabilize the currently set at 800 traps. Interstate Fishery Management heading. fishery. After receiving sub-committee advice, The Area 1 LCMT held several public Description of the Public Process the Lobster Board debates the proposed meetings in Maine and New Hampshire The actions set forth in this final rule measures in an open forum whenever during 2007 and 2008 to discuss the have undergone extensive and open the Board convenes (usually four times issue and to develop eligibility criteria. public notice, debate, and discussion per year, one time in each of the spring, Their proposal was forwarded to the both at the Commission and Federal summer, fall, and winter seasons). Commission’s Lobster Board as the basis levels. Meeting transcripts of the Lobster Board of Addendum XV. Addendum XV was 1. Commission Public Process can be found at the Commission’s Web the topic of several public meetings site at http://www.asmfc.org under prior to its approval by the Commission Typically, this public discussion of a ‘‘Board Proceedings’’ on the ‘‘Minutes & in 2009. potential Federal lobster action begins Meetings Summary’’ page in the 2. Federal Public Process within the Commission process. American lobster sub-category of the Specifically, the Commission’s Lobster Interstate Fishery Management heading. Since the transfer of Federal lobster Board often charges its Plan These meetings are typically scheduled management in December 1999 from the Development Team or Plan Review months in advance and the public is Magnuson-Stevens Act, with its Federal Team—sub-committees of the Lobster invited to comment at every Board Fishery Management Councils, to the Board—to investigate whether the meeting. In the circumstance of an Atlantic Coastal Act, with the existing ISFMP needs to be revised or addendum, the Board will vote on Commission, Federal lobster action has amended to address a problem or need, potential measures to include in a draft typically been undertaken in response often as identified in a lobster stock addendum. Upon approving a draft to a Commission action. assessment. The Plan Review and Plan addendum, the Lobster Board will The development of this current Development Teams are typically conduct further public hearings on that rulemaking began in 2008 as the comprised of personnel from state and draft addendum for any state that so Commission’s Lobster Management Federal agencies knowledgeable in requests. After conducting the public Board began discussing measures to cap scientific data, stock and fishery hearings, the Lobster Board will again lobster trap fishing effort in Area 1 condition, and fishery management convene to discuss the public through the development of Addendum issues. If a team or teams conclude that comments, new information, and/or XV. The Commission recommended that management action is warranted, it will whatever additional matters are NMFS publish a control date for so advise the Lobster Board, which relevant. After the debate, which may or potential use as a cut-off date in would then likely charge the LCMTs to may not involve multiple Lobster Board determining continued eligibility for develop a plan to address the problem meetings, additional public comment Federal lobster permits in Area 1. or need. The LCMTs—most often and/or requests for further input from Consequently, NMFS published an comprised of industry representatives— the LCMTs, Technical Committee and Advance Notice of Proposed will conduct a number of meetings open Advisory Panel, the Lobster Board will Rulemaking (ANPR) in the Federal to the public wherein they will develop vote to adopt the draft addendum, and Register on January 2, 2009. The ANPR a plan or strategy, i.e., remedial if applicable, request that the Federal notified the public that NMFS was measures, in response to the Lobster Government implement compatible considering a limited entry program for Board’s request. The LCMTs then vote regulations. the Area 1 lobster trap fishery and that on the plan and report the results of The need for the Federal action, in the ANPR publication date could be their vote back to the Lobster Board. this case, is based on concerns by the used as a control date for that purpose. Minutes of the LCMT public meetings Area 1 lobster trap industry and the The Commission adopted the ANPR can be found at the Commission’s Web Commission, that unchecked lobster publication date as a control date in site at http://www.asmfc.org under the trap fishing effort in Area 1 could result Addendum XV along with other ‘‘Minutes & Meetings Summary’’ page in in a migration of Federal lobster permits eligibility criteria for use in determining the American lobster sub-category of the into Area 1. Additionally, there was Federal permits that are considered Interstate Fishery Management heading. concern expressed by the Area 1 LCMT active trap permits. Addendum XV After receiving an LCMT proposal, the and the Commission that lobster recommended that NMFS take action to Commission’s Lobster Board will often fishermen with Federal non-trap gear cap the number of Federal lobster trap attempt to seek specialized comment permits may opt to transition into the permits in Area 1 using methods which from both the Lobster Technical lobster trap fishery due to management are compatible with those set forth in Committee and Lobster Advisory Panel restrictions in other Federal fisheries, Addendum XV. before the proposal is formally brought such as the groundfish fishery. NMFS published a proposed rule on before the Board. The Technical Although the number of Federal lobster November 18, 2011 (76 FR 71501). In Committee is comprised of specialists, trap permits in Area 1 has remained the proposed rule NMFS recommended often scientists, whose role is to provide stable over the past decade, potential for liberalizing the eligibility period to the the Lobster Board with specific effort shift exists. Area 1 was, until the entire 2008 fishing year (May 1, 2008– technical or scientific information. The publication of this rule, the only lobster April 30, 2009). We received numerous

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public comments in response to the applications submitted on or before applications are normally sent out in proposed rule, some of which supported September 1, 2012. February or March in advance of the liberalizing the criterion (including the To further assist in the application new fishing year start date of May 1), state agencies and Commission), and process, NMFS will attempt to exempt the permit holder may be authorized to none of which opposed the permit holders from having to gather designate Area 1 for trap gear on the liberalization. Comments and responses and submit documentary proof of their 2013 Federal fisheries permit while the to the proposed rule are set forth later qualification criteria if NMFS already application is under review. in this final rule (see Comments and has the proof in its databases. NMFS Comments and Responses Responses). expects that it already possesses proof of The proposed rule solicited public NMFS prepared a draft Environmental the qualification criteria in its databases comments through January 3, 2012. Assessment (EA) in support of its for the majority of expected applicants. During the comment period, NMFS proposed rule. The draft EA analyzed a In such cases, NMFS will notify received comments from 18 persons and status quo alternative; an alternative potential applicants that they need only entities, which are broken down as that employed the Commission’s apply for access, but that they do not follows: One from the Commission; Addendum XV eligibility criteria, need to submit proof of the qualification three from the states of Massachusetts, including the January 2, 2009, control criteria along with the application. In New Hampshire, and Maine; two from date; and a third alternative which some circumstances, however, NMFS Area 1 lobstermen’s associations liberalized the eligibility period to does not already possess proof that the (Massachusetts Lobstermen’s include the entire 2008 fishing year applicant meets the qualification Association and Maine Lobstermen’s (May 1, 2008 to April 30, 2009), rather criteria. In these situations, potential Association); two from private than the shorter period offered under applicants will be required to provide stakeholder groups (the Humane Society the Commission’s criteria. The draft EA such proof themselves along with their of the United States and the New Jersey was made available to the public in application. The regulatory text of this Council of Diving Clubs); six from Area November 2011 when the proposed rule final rule contains more information on 1 fishermen; and four from private was published. the type of documentary proof required. citizens. Of that total, 11 comments Final Rule All Federal lobster permit holders will supported the proposed rule; 3 maintain the opportunity to elect Area comments were neither in support or This final rule adopts the 1 for trap gear on their 2012 Federal opposition of the Area 1 Limited Entry qualification measures identified in the fisheries permit while NMFS is Program; and 4 opposed the Area 1 proposed rule. At the time of the receiving and processing applications. Limited Entry Program. Some persons proposed rule, the draft EA (now final) The 2012 Federal fishing year began on and entities made multiple comments in showed that 1,643 Federal lobster May 1, 2012. All those who elect Area a single response. The specific permits will likely qualify under this 1 on the 2012 Federal fisheries permit comments and our responses are as action. Of this total, approximately 32 will be able to fish with traps in Area follows. qualifiers would benefit from the 1 for the entire 2012 fishing year, even Comment 1: Eleven individuals and extension of the qualification cut-off if their application for continued access entities—including the Commission, date to the entire 2008 fishing year. Our to the Area 1 lobster trap fishery is state governments, Lobstermen’s analysis suggests that these 32 denied before the end of the 2012 Associations, and three Area 1 individuals do not represent new effort fishing year. In other words, NMFS’s lobstermen—supported the Area 1 (the majority of these individuals have Area 1 trap eligibility decisions will not limited entry program proposal set forth fished with traps in Area 1 in the past) become effective until the 2013 Federal in the proposed rule. and the relative additional effort from fishing year, on May 1, 2013. For the Response: NMFS agrees that the these 32 permits holders is negligible 2013 Federal fishing year, those whose proposed rule, now final, will provide when compared to the overall level of applications are approved will be able the best means of capping trap fishing trap fishing effort in Area 1. According to elect Area 1 for trap gear on their effort in the Federal waters of Area 1 to the draft and final EA, of the 3,152 Federal lobster permit and fish in the and that it is well designed to prevent Federal lobster permits in existence, Federal waters of Area 1 with traps. trap fishing effort from increasing in the 1,509 permit holders will likely not Those whose applications for Area 1 Federal waters of Area 1. The final rule qualify into the Area 1 trap fishery eligibility are denied will not be eligible is substantially identical to the lobster (calculated at 3,152 total permit holders to elect Area 1 for trap gear on their industry’s proposal and Commission minus the 1,643 permit holders 2013 Federal fisheries permit and may recommendations set forth in expected to qualify). Of this 1,509 total, no longer fish with traps in the Federal Addendum XV and will allow NMFS to the vast majority (1,419 permit holders) waters of Area 1; however, they will act in such a way that not only satisfies are from locales south of Area 1 waters maintain their Federal limited access Federal statutory mandates, but that also and/or have never sought to fish with lobster permits and may fish for lobster allows NMFS to support the traps in Area 1 in the past. in Federal waters, including the Federal Commission’s ISFMP for American As previously stated in the proposed waters of Area 1, with non-trap gear. lobster in a coordinated fashion. rule, this final rule requires that all Individuals who have been denied Comment 2: An Area 1 fisherman qualification applications must be access, but who have appealed, may be supported the proposal for an Area 1 submitted by November 1, 2012. Late allowed to use trap gear in Area 1 Limited Entry Program in the Federal applications will not be considered. In during the pendency of the appeal waters of Area 1 due to the increased order to more speedily process subject to the discretionary approval of regulations in other lobster management applications, NMFS encourages that the Regional Administrator. This areas (such as Area 2 and the Outer applicants not wait until fall 2012 to appeals process is set forth in detail in Cape Cod Lobster Management Areas) apply. As such, NMFS seeks to alert the Regulatory Text of this final rule. If and because of increased regulations in potential applicants that the agency will an application is still under initial other fisheries (such as new regulations, be able to render decisions before the review when the permit renewal period including sector management in the close of the 2012 calendar year on all begins for the 2013 fishing year (permit groundfish fishery). As a result, there

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exists great potential and incentive for decisions in time to coordinate with NMFS is reluctant to automatically trap fishing effort to be re-directed into Maine and other involved states before qualify permit holders into the Area 1 Area 1. the states’ fishing year begin in earnest. trap fishery because some of those Response: NMFS agrees and notes This final rule will allow applicants to qualifiers might have no interest in that this potential scenario for trap effort apply for entry into the Area 1 trap fishing in Area 1. NMFS is aware that shift into Area 1 provided the genesis fishery almost immediately upon the there are some permits with qualified for industry’s Area 1 proposal in publication of this rule and subsequent history that, for whatever reason, are Commission Addendum XV. NMFS solicitation of applications by NMFS. either inactive or have been sold out of analyzed this potential threat in its EA Although permit holders will have until the Area 1 trap fishery. Automatically and agrees that the potential for effort November 1, 2012, to apply, NMFS is qualifying permits that are no longer in shift is real and that it could potentially offering an incentive to permit holders the Area 1 trap fishery and have no flood the Area 1 trap fishery with new who apply on or before September 1, interest in fishing in Area 1 will fishers, therein upsetting local lobster 2012—namely, that the agency will increase latent effort by allowing the stock and fishery stability, and make every effort to make a decision on automatic re-introduction of effort into undermining existing social and that permit holder’s application in 2012 the fishery that may have migrated cultural lobster fishing traditions. This if the application is received on or elsewhere, which does not advance the issue is discussed in more detail in the before September 1, 2012. Accordingly, overall spirit of the Lobster Plan’s Area Purpose and Need for Management NMFS expects that most Area 1 1 Limited Entry Program. As a result, section and Background section of this application decisions will be made the final rule application procedure final rule. before January 1, 2013. In addition, requires some effort, albeit minimal, for Comment 3: One respondent because the results of NMFS’s an otherwise qualified applicant, but supported the proposed rule’s Area 1 application decisions will not take effect advances the overall objectives of the Limited Entry Program, but also until May 1, 2013 (the start of the Area 1 Limited Entry Program better recommended increasing the legal size Federal fishing year), and because than if NMFS were to automatically limit for lobsters and reducing the January, February, and March are the qualify individuals. standard trap allocation for each vessel least active lobster fishing months, Comment 6: An Area 1 fisherman from 800 traps to 600 traps to prevent NMFS anticipates having sufficient commented on whether he will be able overfishing. time, prior to the start of the fishing to buy a Federal lobster permit after Response: NMFS is implementing the season and the Federal fishing year, to 2012; and if a person bought a permit Area 1 limited entry program as coordinate with the states over the in 2011, will they be able to use it after described in this final rule. NMFS is not qualification results. 2012? implementing lobster size and trap Comment 5: One state agency suggests Response: The final rule limits Area 1 reductions in this rule. Lobster size that NMFS utilize the relevant data on- trap fishing access to permits that have limitations and trap restrictions hand to make a determination on each a certain history of Area 1 trap fishing. currently exist in Area 1 and remain a permit’s Area 1 eligibility and then Any Federal lobster permit holder who management tool that could be modified simply notify permit holders and inform wishes to fish for lobster with traps in in the future if scientists, stakeholders, them as to whether or not they are Area 1 beginning May 1, 2013, must and managers believe it appropriate. At qualified to fish with traps in the submit an application under this present, however, such limitations and Federal waters of Area 1. A different program prior to November 1, 2012, and restrictions are not within the scope of state agency expressed concern that be deemed eligible for future this final rule. automatic qualification would qualify participation in the Area 1 lobster trap Comment 4: The Maine Department of permits that have since left the Area 1 fishery. If the purchased permit’s fishing Marine Resources, while strongly trap fishery and thus create incentive for history meets the criteria set forth in supporting the Area 1 limited entry effort shift back into Area 1. this final rule, then it would qualify and program as set forth in the proposed Response: While NMFS does not an individual would be able use it to rule, recommended that we make the intend to automatically qualify permit fish with traps in the Federal waters of eligibility decisions early enough to holders, the final rule authorizes the Area 1 on May 1, 2013, when the rule simplify the issuance of 2013 lobster Regional Administrator, at his or her takes effect. If the purchased permit’s trap tags by the State. discretion, to waive documentary history does not meet the rule’s criteria, Response: The final rule timeline obligations for certain elements of the then a person would not be able to use attempts to allow for good coordination qualification criteria for an applicant if it to fish with traps in Area 1 as of May between the states and the Federal NMFS itself has clear and credible 1, 2013. Such a permit, however, would Government. In response to Maine’s evidence that will satisfy that still authorize lobster fishing in Area 1 recommendation, we adjusted our qualification criteria for the applicant, without traps. Finally, the rule does not program to offer an incentive to lobster as explicitly stated in the regulatory text regulate, much less restrict, the permit holders to apply early to allow in this final rule. purchase, sale, or transfer of those more eligibility review time and Nevertheless, this final rule requires permits. improve the chances of finalizing all the potential applicants to affirmatively Comment 7: The Humane Society eligibility determinations prior to the apply for entry. In choosing this stated that the Area 1 800-trap limit may start of the 2013, fishing year. As such, application procedure, NMFS seeks a lead to excessive vertical lines in the permit holders who submit an balance. Although there would be no water that pose a threat to endangered application prior to September 1, 2012, burden to the permit holder were NMFS large whales. This commentator will be given priority review, with the to automatically determine the suggests that NMFS coordinate intent of providing them with a final eligibility of each permit, NMFS does internally with its Protected Resources eligibility decision, to the extent not think it overly burdensome for Division to reduce traps and thus practicable, in time for the 2013, fishing otherwise qualified permit holders to further reduce vertical lines in the year which begins on May 1, 2013. fill out the one-page application form by water. The application timeline should allow checking the appropriate box, signing Response: NMFS staff has coordinated NMFS to make most application the application, and mailing it to NMFS. internally regularly throughout this

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rulemaking process. Although reducing trap fishing effort and implement this stored) suggests that no permits existed vertical lines is not the purpose of this final rule. Specifically, many members in CPH during the 2008 fishing year that final rule and is beyond its scope, of the Area 1 lobster trap fishery became were otherwise active in the Area 1 trap NMFS is and has been very much aware concerned that restrictions in other fishing immediately before and after of the Protected Resources Division’s fisheries (e.g., restrictions in other that year. In other words, permits with efforts in this regard, and NMFS’s EA lobster management areas and Area 1 trap fishing history existed in suggests that the Area 1 limited entry restrictions in other commercial CPH in 2008, but those permits were program will have some ancillary, albeit fisheries, like groundfish) might squeeze inactive for longer periods of time than unquantifiable, benefits to whales, new trap effort into Area 1. This new that 1 year (e.g., they went into CPH threatened, and endangered species. trap fishing effort could have the before 2008 and/or still remain in CPH, Comment 8: The New Jersey Council potential to upset local lobster stock or were taken out of CPH after 2008). A of Diving Clubs recommended that the stability, and undermine existing social more detailed analysis is set forth in Area 1 Limited Entry Program should and cultural traditions. NMFS analyzed NMFS EA for this action, as well as the pertain to commercial fishermen and the final rule’s potential impact on section entitled ‘‘Economic Impacts of not divers who are recreational small businesses and concluded that the the Final Rule on Small Entities.’’ fishermen. Further, the respondent rule would not have a significant Comment 11: One lobsterman stated commented that unless the Area 1 impact, largely because this rule is that the notification of the proposed rule lobster population shows a decline, then expected to maintain the existing was not widespread. A different a limited entry program should not be economic structure of the fishery. In lobsterman counters that the Area 1 put in place due to economic other words, those who fished for limited entry proposal was well known, complications and unfairness. Finally, lobster with traps in Area 1 in the past publicly debated, and ‘‘* * * should the respondent commented that the are expected to qualify to fish for not be news to anyone.’’ potential effort restrictions on the lobsters with traps in the future. These Response: The Commission’s Area 1 southern New England stock should economic impacts are discussed in limited entry program, including the apply only to Area 2 (nearshore EEZ greater detail in this final rule in the control date, was the subject of much from southern Massachusetts to Rhode section entitled ‘‘Economic Impacts of public debate both before and after Island), and Area 6 (Long Island Sound), the Proposed Rule on Small Entities.’’ January 2, 2009. As a preliminary because those are the only areas that NMFS disagrees with the respondent’s matter, the Area 1 LCMT, which is made have shown a decline due to statement that the fishery is up of lobstermen from Maine, New environmental conditions. unregulated—with or without this rule, Hampshire, and Massachusetts Response: The final rule applies to all the lobster fishery is and would remain (including representatives from the Federal lobster permit holders who fish highly regulated. In fact, lobster has Maine Lobstermen’s Association, New with traps. As such, it is not anticipated been regulated for well over a century— Hampshire lobster industry, and to impact divers and it in no way regulations prohibiting the harvest of Massachusetts Lobstermen’s suggests, as the respondent was egg-bearing lobsters (similar to present Association), initially proposed the idea concerned, that trap fishing is the only regulations) date back to 1872. The of a limited access program with a allowable way to catch lobster. The rule respondent gives no reason in support control date. More specifically, the itself was originated from the Area 1 of her suggestion to increase trap levels, industry-based Area 1 LCMT had lobster trap fishing industry specifically which would, in any case, be beyond numerous public meetings and because they did not want to wait until the scope of this particular rule. discussions on the issue and ultimately they were in the midst of decline before Comment 10: One lobsterman stated voted on and approved the concept in protecting their fishery. The genesis and that the economy is not good and that the summer of 2008. Next, the LCMT rationale of the rule are discussed in the proposed rule could impact local forwarded their proposal to the greater detail in the Supplementary economies by putting people out of Commission’s Lobster Board. The Information section of this final rule. business. Lobster Board is made up of three The southern New England lobster stock Response: NMFS has taken a hard members from each of the involved problem is the subject of ongoing look at the LCMT’s and Lobster Board’s states, including a state’s director of deliberation and development of recommended criteria and concluded marine fisheries, as well as an appointee mitigation measures by the Commission that its economic impacts should be of the state governor, and a member of and is beyond the scope of this present minimal. As a preliminary matter, the state legislature, all of whom are rulemaking. NMFS analysis suggests that the number politically accountable to the Comment 9: One respondent opposes of permits actively fishing with traps in respondent. In October 2008, after the Area 1 limited entry program in the Area 1 has remained relatively static public discussion at the Lobster Board’s Federal waters of Area 1 on grounds that from 2000 to 2010, including during the public meeting, the Board voted to it may limit the environmental, 2008 Federal fishing year, which is one recommend the use of a control date economic, and social significance of of the criteria. As such, the analysis suggested by the LCMT. The vote was lobster in Maine. The respondent confirms that the LCMT and Lobster unanimous and included all members of commented that the impact on small Board criteria did not focus on an the respondent’s state delegation. Media quantity lobster catchers could have a anomalous year or capture aberrant data coverage of the Lobster Board’s approval big impact on small businesses in the in its proposal. Accordingly, although appeared in the Commercial Fisheries area and recommends that the fishery there may be a few individual instances News in November 2008. NMFS remain unregulated and trap levels where a specific permit was active one published notice of the control date in increased. year but not the next, the data suggests the Federal Register on January 2, 2009. Response: It is for those very that most of the Area 1 permit holders The Area 1 LCMT and the Commission’s reasons—i.e., the environmental, who fished with traps in the recent past Lobster Board continued to conduct economic, and social significance of will likely qualify under the final rule public meetings on the issue after the lobster in Maine—that the Area 1 trap criteria. Further, NMFS analysis of its January 2009 control date publication. lobster fishery requested that the Confirmation of Permit History (CPH) Ultimately, the Lobster Board adopted Commission, and thereafter NMFS, cap database (where inactive permits can be the Area 1 limited access plan at a

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public meeting on November 3, 2009, individuals to have wasted their money not need to have both state trap tags and which was also reported in the media. purchasing a permit without knowing Federal trap tags on the same trap. Public comments on the specific dates that a new regulation might render the Depending on the circumstances, the and criteria used were sought and permits ‘‘worthless.’’ lobsterman could get his trap tags from received throughout this time period. Response: NMFS has reviewed and his state or from NMFS and either entity The final rule, in fact, liberalizes the analyzed the recommended criteria and would recognize and accept a trap tag control date cut-off used in this rule has concluded that it is reasonable and from the other. The specifics of these based upon information that it has rationally related to the objectives it agreements are set forth in various received during this time period in seeks. In short, the LCMT and Lobster Memoranda of Agreements (MOA) consideration of those permit holders Board sought to cap effort at existing between NMFS and the states. Given who did not renew their 2008 Federal levels, with the term ‘‘existing’’ meaning that differing entities (i.e., the various lobster permits prior to the control date. permits that were active in 2008. NMFS state and Federal governments) issue Comment 12: One lobsterman even liberalized the criteria in an trap tags, NMFS is aware that the issued commented that while the proposed attempt to accommodate permit holders trap tags, although quite similar, are not rule accomplishes its objectives in who were in the midst of permit identical in the information they preventing trawl vessels and non-Area 1 transactions when the control date convey. Accordingly, NMFS is not trap fishers from fishing with traps in ANPR was published in the Federal surprised to learn that a state might Area 1, it ‘‘changes course’’ and over- Register in January 2009. Nevertheless, issue trap tags to a dual state/federal reaches its objectives by also restricting the possibility of this rule was well permit holder under its MOA with latent (inactive) permits with Area 1 known, or should have been well NMFS, yet have those trap tags contain fishing history. known, to all permit holders years little Federal information. NMFS does Response: Activation of latent effort is before NMFS published its proposed not intend this present rule to elevate and has always been a concern of the rule. Lobster regulations have existed in form over substance and NMFS would LCMTs, Lobster Board and NMFS, not the commentator’s home state for well not deny access to an otherwise only in Area 1, but in the lobster fishery over 100 years and it remains amongst qualified Federal Area 1 trap fishers in general. Latent effort is potential the most highly regulated of all based upon the circumstances described effort. It is effort that was dormant at the fisheries. The final rule’s criteria were in this comment. time in question (regardless of whether developed by local lobster fishers, Comment 15: One person commented it was active some time beforehand) but including lobstermen from Maine, and that he was confused about the purpose that could become active in the future. approved unanimously in public of this action and, if the intent is to Although latency is fluid, constantly meetings by the Commission’s Lobster reduce the number of lobsters taken changing, and impossible to precisely Board including politically-appointed, from Area 1, then limiting the number calculate given existing data, industry and thus accountable, members of the of fishermen will not be effective. and managers alike know it exists and commentator’s state delegation. For that latency may represent a relatively additional public notice information, Response: The intent of this final rule high percentage of existing permits in see response to Comment 10. is not to limit the number of lobster certain management areas in any one Unfortunately for the commentator, taken out of Area 1. The intent is to year. Accordingly, even if draggers and rules by their very nature draw lines maintain the sustainability of the Area non-Area 1 trap permits were restricted, that include some and exclude others. 1 lobster stock and fishery by preventing effort in Area 1 could still increase That is, in fact, the very purpose of this the migration of trap fishing effort from precipitously simply by activation of rule—to include trap fishing effort that other areas and other gear types into this latent effort. The LCMT and Lobster was active in 2008 and to exclude trap Area 1. We assert that capping effort at Board decided that increased trap effort fishing effort that was not. While NMFS recent levels, as recommended by the is a threat regardless of its origin, i.e., expects that some applicants will not Area 1 lobster industry and the be it from draggers or non-Area 1 qualify for trap fishing access, NMFS’s Commission, will effectively control permits or latent Area 1 permits. See analysis suggests that very few permit effort in the fishery by maintaining the response to Comment 9 for additional holders will be impacted and none economic structure in the fishery while detail on the effort shift threat. In impacted in a way that has not been continuing to allow opportunities for choosing its criteria, the Area 1 LCMT previously considered. Non-qualified others to purchase existing Area 1 trap and Lobster Board attempted to address permits will not be worthless; they permits. This action does not strive to this threat by recommending that effort simply will not allow trap fishing in the reduce the lobster harvest in Area 1. The be capped, not at past levels, nor at Federal waters of Area 1. All other most recent assessment of the Gulf of future levels, but at current levels as it attributes of the permit—including Maine lobster stock, conducted in 2009, actively existed in 2008 when the lobster fishing in Area 1 without traps— indicates that the stock, overall, is in decision was made. NMFS liberalizes will remain. favorable condition. However, the these criteria somewhat by extending Comment 14: The New Hampshire assessment cautioned that uncontrolled the proposed January 2, 2009, control Department of Fish and Game access into the trap fishery could lead date to April 30, 2009, but NMFS commented that some New Hampshire to an increase in trap fishing effort nevertheless understands the rationale lobstermen have purchased ‘‘state-only’’ which could be detrimental to the long- behind the LCMT and Lobster Board tags, even though they were authorized term sustainability of the stock. It was recommendation and finds it to fish in Federal waters, and were that advice, and the potential for reasonable. concerned that New Hampshire’s migration of permits into Area 1 from Comment 13: One lobsterman from administrative process might other areas and other fisheries due to a Maine commented that he knew of unintentionally prevent its lobstermen lack of controls on the number of individuals that recently purchased from qualifying. Federal trap permits in Area 1, that Federal Area 1 permits that might have Response: In an effort to avoid initiated action by the industry and the been latent (inactive) during the time- duplication, NMFS and several lobster Commission to recommend a limited period set forth in this final rule’s fishing states agreed that trap fishers entry program for the Area 1 trap criteria, and that it is unfair for these with dual state and Federal permits did fishery.

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Comment 16: One Area 1 lobsterman Changes to Existing Regulations recommendations for Federal action. from Maine who supports the proposal, This final rule enacts regulations that Additionally, this final rule will not pre- recommends that an apprenticeship will require any Federal lobster permit empt state law and will do nothing to program be established for the Federal holder who wishes to maintain access to directly regulate the states. fishery to facilitate participation by the lobster trap fishery in the Federal Description of Projected Reporting, those who are responsible stewards of waters of Area 1, to submit an Recordkeeping, and Other Compliance the resource. application to NMFS by November 1, Requirements Response: Most, if not all Federal 2012. Each applicant must meet the This final rule contains a collection of permit holders hold some type of state eligibility requirements to retain the information requirement subject to lobster license, either a fishing or ability to fish with up to 800 lobster review and approval by the Office of landing license. The majority of Area 1 traps in Area 1 beyond the 2012 Federal Management and Budget (OMB) under Federal permit holders reside in Maine fishing year. Those eligibility the Paperwork Reduction Act (PRA). A and are subject to the apprenticeship requirements are provided under PRA analysis, including a revised Form requirements and other regulations that SUPPLEMENTARY INFORMATION and are 83i and supporting statement have been control entry into the fishery. Since fully discussed throughout this final reviewed and approved by OMB under Federal lobster permits are issued to rule. control number 0648–0642. The PRA vessels and not people, an Those permits that meet the eligibility analysis evaluates the burden on apprenticeship program would be requirements will be issued an Area 1 Federal lobster permit holders and the difficult to implement, especially lobster trap permit for the 2013 Federal Federal Government resulting from the because the permit holder is not fishing year which begins on May 1, Area 1 application and appeals process. necessarily the operator of the permitted 2013. Those that do not meet the There are two types of applicants vessel. We contend that the state- requirements will maintain a limited evaluated in the PRA analysis as implemented controls on fishermen, access Federal lobster permit, but the summarized here—those for whom permit will no longer be eligible to fish including the apprenticeship program in NMFS already has sufficient with trap gear in the Federal waters of Maine, are sufficient to instill a level of documentary information to satisfy the Area 1. responsible stewardship among proof required and thus will need only This final rule also provides the lobstermen. This concept is outside the to sign and remit an application form, opportunity for a permit holder whose and those for whom NMFS does not scope of this action and is best application for Area 1 trap fishery addressed at the state level. presently have sufficient documentary access is denied to appeal the decision. information and thus will need to remit Changes From the Proposed Rule The process for this provision is an application form along with detailed in the Regulatory Text of this documentation to support the There are no changes in substance final rule. qualification criteria. For those permit from the proposed rule. There are, Classification holders in the former category, NMFS however, four minor changes to the text will notify the approximately 1,643 of the final rule where clarifying This proposed rule has been permit holders for whom there is language was added. In § 697.4(a)(7)(vi), determined to be consistent with the sufficient evidence to show that the the words ‘‘after April 30, 2013,’’ and provisions of the Atlantic Coastal Act, permit will qualify for Area 1 access, ‘‘or have an open pending application to the National Standards of the should the permit holder decide to fish in the area’’ were added to clarify Magnuson-Stevens Act, and other return a pre-printed letter with his/her that if an application was still under applicable laws, subject to further signature. The estimated burden for initial review the applicant would be consideration and public comment. each of these applicants is 2 minutes, able to designate Area 1 for trap gear on Paragraphs (A) and (B) of section and the cost is estimated at $0.74 to their Federal fisheries permit 803(b)(1) of the Atlantic Coastal Act mail the letter. NMFS expects all such application for the 2013 fishing year. authorize the Secretary of Commerce to permit holders to submit an application, issue regulations in the EEZ that are with a total burden of 54.8 hours (hr) In § 697.4(a)(7)(vi), the words ‘‘the compatible with the effective and $1,216 to the permit holders. Federal waters of’’ were added to make implementation of an Interstate Fishery The remaining 1,509 permit holders, clear in the regulatory text that the Management Plan developed by the those whose permits for which NMFS limited access program relates only to Commission and consistent with the does not have pre-existing documentary the Federal waters of Area 1. In national standards set forth in section evidence, will be sent a letter indicating § 697.4(a)(7)(vi)(A)(3), the term ‘‘Area 1’’ 301 of the Magnuson-Stevens Act. that insufficient information is on-hand was added to make it clear that trap tag This final rule has been determined to to qualify the permit. NMFS estimates criterion related specifically to an Area be not significant for the purposes of that 288 of the 1,509 permit holders for 1 trap tag and not a trap tag from a Executive Order (E.O.) 12866. which NMFS does not have pre-existing different area. In § 697.4(a)(7)(vi)(B)(3), This final rule does not contain documentary evidence, will apply for the term ‘‘Area 1’’ was added to make policies with federalism implications as Area 1 trap fishery access. These 288 it clear that the documentary proof defined in E.O. 13132. These measures permit holders represent the 224 whose requires evidence of a trap tag from Area are based upon the lobster ISFMP that permits had an Area 1 trap gear 1. None of these additions are changes was created by and is overseen by the designation during the 2008 fishing in substance—the Background section of states. These measures are a result of year, but did not have a record of the proposed rule makes clear that the Addendum XV, which was approved by purchasing a trap tag between 2004– program relates to the Federal waters of the states, recommended by the states 2008. The additional 64 permit holders Area 1 and that the trap tag criterion through the Commission for Federal are the estimated 5 percent of the 1,285 relates to the purchase of an ‘‘Area 1 adoption, and is in place at the state Federal lobster permit holders who did lobster trap tag during any year from level. Consequently, NMFS has not have either an Area 1 designation in 2004–2008.’’ The additions were simply consulted with the states in the creation 2008 or a trap tag purchase record, but added for the purpose of clarity. of the ISFMP, which makes whom may submit an application

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anyway. The burden is estimated at 22 Consequently, we will minimize the detailed responses to each comment are minutes for each applicant considering burden by informing those permit provided under Comments and the time estimated to locate documents holders that we have sufficient Responses. to support the qualification criteria and information to qualify their permit and Although not significant in relation to sign the application. The estimated cost they need only sign and remit the this final rule, the content of some per applicant is $1.14. The cumulative application form requesting that their comment submissions raised issues that cost for this category of applicants is permit be considered for eligibility for afforded us the opportunity to more 105.6 hr and $328. NMFS hypothesizes the Area 1 trap fishery. Those permits fully analyze the impacts of this action that roughly 28 applicants who are holders for whom we do not have on certain entities to assure that our denied might appeal. The estimated sufficient information available to make initial impact analysis, prepared in appeals burden on each appellant is 30 the determination on their permit will support of the proposed rule, was minutes and $4.22. The cumulative be requested to remit documentation in accurate and comprehensive. burden for all appellants is 14 hr and support of the eligibility criteria. This Additionally, we made non-regulatory $118. Overall, the total program burden approach requires a limited level of and esoteric changes to this program’s on the combined number of affected burden on otherwise qualified permit application submission process to allow Federal permit holders is calculated at holders without undermining the effort for a more timely review and decision- 174 hr and $1,662. control intent of this action. making period to the benefit of affected Burden on the Federal Government to Notwithstanding any other provision permit holders, state agencies, and implement the program includes the of the law, no person is required to NMFS. labor and material costs of respond to, and no person shall be First, comments from state agencies communicating with the applicants, subject to penalty for failure to comply recommended that we attempt to make reviewing and making a determination with, a collection of information subject all eligibility decisions prior to the start on the applications, and processing to the requirements of the PRA, unless of the 2013 state lobster fishing year, appeals. The total burden of the that collection of information displays a which begins January 1, 2013. The program on the Federal Government is currently valid OMB control number. intent of this request was to assure that 941 hr of labor, calculated to cost NMFS prepared a Final Regulatory the states had the appropriate $26,815. Material costs to the Federal Flexibility Analysis (FRFA) as required information to indicate whether a Government include those for paper, by section 603 of the Regulatory permit was qualified for Area 1 trap envelopes, postage and other supplies Flexibility Act (RFA). The FRFA fishing to simplify the authorization for associated with mailings, processing the describes the economic impact this final the permit holder to purchase 2013 applications, and appeals. When the rule will have on small entities. Copies lobster trap tags. Under agreements with estimated material costs of $3,678 are of the FRFA, RIR, and the EA prepared certain states, NMFS allows Federal considered, the overall total costs to the for this action are available from the permit holders to purchase lobster trap Federal Government to implement this Northeast Regional Office (see tags annually from their home state. The program are estimated at $30,493. ADDRESSES). A description of the action, regulations set forth in this rule, The proposed rule for this action the reason for consideration, and its consistent with those in the proposed solicited public comments on the legal basis are contained under rule, allow permit holders to apply for burden estimates of this action. In SUPPLEMENTARY INFORMATION. Area 1 eligibility until November 1, response, a state fisheries agency This final rule will affect small 2012. However, we are alerting the suggested that NMFS utilize the relevant entities engaged in several different public in this final rule that we will be data on-hand to make a determination aspects of the lobster fishery. The accepting applications as early as 30 on each permit’s Area 1 eligibility and affected entities include Federal lobster days after the date of this final rule and then simply notify permit holders and trap and non-trap permit holders and that those who choose to apply early, inform them as to whether or not they this rule will limit future participation that is by September 1, 2012, will be are qualified to fish with traps in the in the Area 1 lobster trap fishery to assured, to the extent practicable, of a Federal waters of Area 1. In contrast, a historical participants that meet the final decision for the 2013 Federal different state agency expressed concern eligibility requirements as described fishing year, which begins on May 1, that automatic qualification would under SUPPLEMENTARY INFORMATION 2013. This change was only qualify permits that have since left the section. programmatic in nature and is not Area 1 trap fishery and thus create linked to the regulatory text of this final Summary of the Significant Issues incentive for effort shift back into Area rule. Although we expect to have all Raised by the Public Comments 1. This issue was addressed in response decisions made by the end of the 2012 to Comment 5 in the Comments and None of the public comments calendar year as requested by the states, Responses. received in response to the proposed the revised process provides an We considered this issue and seek a rule raised any significant issues, incentive to the permit holder to apply balance. This rule will require all permit meaning that nothing new was early and will give us more time to holders to submit an application to presented that caused NMFS to change review and make decisions on each avoid automatically qualifying permits course with respect to the policy and application. See Comments and that may no longer be involved in the regulations to implement a limited entry Responses for additional information. Area 1 trap fishery, but may qualify. To program for the Area 1 lobster trap Additionally, we received a comment automatically qualify, such permits fishery. Of the 18 comments received in outside of the comment period that would increase latent effort in the Area response to the proposed rule, the questioned the impact to Federal 1 trap fishery and compromise the majority, or 11 comments, fully permits which were in Confirmation of intent of this effort control program. supported the proposed rule; 3 Permit History (CPH) status during the Although we will require all permit comments neither supported nor 2008 Federal fishing year—the critical holders to actively apply, we opposed the Area 1 limited entry period during which a permit must have acknowledge that we have the program; while 4 opposed the Area 1 had an Area 1 trap gear designation in information on-hand to qualify the vast limited entry program. A summary of order to qualify. Since this is one of the majority of eligible Area 1 trap permits. the comments received as well as eligibility criteria, a permit that was in

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CPH status during the entire 2008 able to fish for lobster in Area 1 using 2008 and that the permit was active for Federal fishing year would not qualify non-trap gear. the 2008 fishing year with an Area 1 because it was inactive during that The small business size standard for designation prior to January 2, 2009. critical year. This comment prompted businesses engaged in a commercial January 2, 2009, falls in the middle of us to explore this issue in more depth. fishing activity is $4 million in gross the 2008 fishing year and would not Our subsequent analysis revealed that sales. The number of regulated entities effectively capture all Area 1 Federal this situation would not result in a most likely to be affected by this action lobster permits that were active during significant group of otherwise active is expected to be 1,867 limited access that fishing year. Area 1 permit holders who would not permit holders who designated Area 1 In contrast, the final rule will qualify qualify while their permit was in CPH on their 2008 permit application. The any Federal permit holder that due to a temporary absence from the number of these entities that may be designated Area 1 on their 2008 permit fishery. above or below the Small Business application at any time during the 2008 This issue is explained in detail under Administration (SBA) size standard is fishing year (May 1, 2008 to April 30, Federal Lobster Permits in Confirmation indeterminate. Unlike most other 2009), and had a record of purchasing of Permit History in Description and federally managed fisheries, the lobster Area 1 trap tags in any year during Estimate of the Number of Small fishery is not subject to mandatory 2004–2008. The qualification criterion Entities to Which the Final Rule Applies reporting. This means that gross sales regarding the date when the 2008 permit under SUPPLEMENTARY INFORMATION. for entities that possess only a Federal application had to be received is less limited access lobster permit, which is restrictive than the January 2, 2009, Description and Estimate of the Number the case for a majority of permitted control date recommended by the of Small Entities To Which the Final vessels, particularly in Area 1, cannot be Commission. An additional 32 permit Rule Applies reliably determined. For purposes of holders would likely qualify under this This final rule will limit entry to the further analysis, all 1,867 regulated adopted alternative as opposed to the Area 1 lobster trap fishery for any small entities are considered small entities. Commission’s alternative. These 32 entity engaged in the harvesting of NMFS evaluated three management permits, however, do not represent new lobsters that hold a Federal limited alternatives prior to moving forward or additional effort, and is such a small access lobster permit. During fishing with the preferred alternative set forth number that it would likely have no year 2008 there were a total of 3,152 in this final rule. One alternative, the measurable impact on the species. The such permitted vessels. Note that fishing status quo alternative, would make no Commission, states and industry groups year 2008 permit data were used in the changes to the Federal lobster support this alternative as following the assessment of economic impacts in the regulations and would continue to allow spirit and intent of their EA. A review of fishing year 2009 and any Federal lobster permit to gain access recommendation. As such, the final rule fishing year 2010 permit application into the Area 1 lobster trap fishery. This will be less burdensome for regulated data found that there was no change in alternative provides the greatest small entities than the Commission’s either gear (trap/non-trap) or LCMA potential for trap fishing effort to alternative, because it provides an designations for more than 98 percent of proliferate in Area 1. The status quo opportunity for more affected entities to all valid permits issued during fishing alternative was not selected because it qualify for limited access to the Area 1 year 2008, fishing year 2009, and fishing was counter to the recommendations of trap fishery, while remaining consistent year 2010. For this reason, fishing year the Commission and the Area 1 lobster with the Commission’s intent to cap the 2008 permit data are considered industry, as well as the scientists of the number of Federal lobster trap permits reasonably representative of fishing year Commission’s Lobster Technical in Area 1 at 2008 levels. 2009 and fishing year 2010 permit status Committee who cautioned that Based on the qualification criteria, and are used herein for purposes of unchecked lobster trap fishing effort 1,643 (88 percent) of the 1,867 analysis. could jeopardize the sustainability of potentially affected small entities will Under current regulations any fishing the Gulf of Maine lobster stock and the qualify for the Area 1 trap fishery. Note business may fish for lobsters with trap Area 1 lobster fishery. that the Commission’s alternative would gear in Area 1 provided it has been A second management alternative we have qualified 32 fewer regulated small issued a valid limited access lobster analyzed was the Commission’s entities. The 224 potential non- permit, it designates Area 1 as part of alternative. This alternative would have qualifiers—calculated by taking the the annual permit renewal process, and implemented changes to the Federal 1,867 permit holders that designated it purchases Area 1 trap tags. However, lobster regulations to limit access into Area 1 in 2008 and subtracting the 1,643 of the 3,152 limited access permit the Area 1 lobster trap fishery by expected qualifiers—are permit holders holders, 1,867 permits elected to fish employing the eligibility criteria for which NMFS has no record of using trap gear in Area 1 on their permit adopted by the Commission in having purchased Area 1 trap tags in while the remainder either elected to Addendum XV. The only difference any year from 2004 to 2008. Further fish for lobster with non-trap gear or did between the Commission’s alternative analysis of these non-qualifiers suggest not designate Area 1 on their 2008 and the preferred alternative established that the majority had selected non-trap permit application. Thus, while the in this final rule is that the as a gear type during 2008, or had option to fish in Area 1 with trap gear Commission’s alternative adopted a selected other LCMA’s in addition to sometime in the future will be curtailed January 2, 2009, control date which is Area 1, or based their fishing operation for about 40 percent of limited access the date that NMFS published the ANPR in states that do not border the Gulf of lobster permit holders, this final rule in the Federal Register (74 FR 67) to Maine. NMFS asserts that these will have a more immediate impact on notify the public that an Area 1 trap potential non-qualifiers likely elected permitted vessels that may already be fishery limited entry program was under Area 1 on their permit out of participating in the Area 1 trap fishery. consideration. Consequently, Area 1 speculation, not because they were Note that this action will only limit trap fishery eligibility under the fishing there. Specifically, 49 of the 224 entry to the Area 1 lobster trap fishery. Commission’s alternative would require non-qualifiers listed a homeport state of Any Federal limited access lobster that a permit had an Area 1 trap tag Rhode Island, New York, New Jersey, vessel that may not qualify will still be purchase during any year from 2004– Virginia, North Carolina, or other state.

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Of the 175 non-qualifiers from Maine, Federal Lobster Permits in Confirmation the lobster trap fishery, we analyzed the Massachusetts, or New Hampshire, 106 of Permit History potential impact of the proposed action selected non-trap gear on their permit If a Federal lobster permit was in CPH on multispecies vessels that also hold and 55 had elected to use trap gear in status during the entire 2008 fishing Federal lobster permits. The sector an LCMA other than Area 1. Thus, year, then it was inactive and the permit management program implemented by available data suggest that 92 percent of holder was not fishing under the permit. Amendment 16 to the Northeast the non-qualifiers may not be Consequently, the permit will not have Multispecies Fishery Management Plan allows federally permitted multispecies economically affected by this rule an Area 1 designation for that year, will (groundfish) vessels to form cooperative because they are not engaged in the fail to satisfy that criterion, and would groups called sectors. Within each Area 1 trap fishery. The potential be considered ineligible for future sector, the participating vessels combine economic impact on the remaining 14 participation in the Federal Area 1 their respective historical groundfish non-qualifiers is uncertain. These non- lobster trap fishery. quotas, allowing them the flexibility to qualifiers did not select non-trap gear, To better understand the share and manage the cumulative quota nor did they select a trap area consequences of this rule and its of their sector. Those Federal alternative to Area 1. Given the absence potential impact on individuals who multispecies vessels that do not of any indication of trap fishing in Area may have been active permit holders participate in a sector may harvest 1, these 14 vessels may not be actively immediately before and/or after 2008, groundfish on an individual basis, but fishing for lobster at all. we conducted a review of all permits in This final rule will not implement any must adhere to trip-based catch limits CPH status during the 2008 fishing year. and days-at-sea. This component of the regulatory measures that will affect the Specifically, we identified 34 Federal manner in which qualifiers prosecute fleet is known as the common pool. lobster permits that were inactive (in As part of this analysis, we analyzed the Area 1 trap fishery and will not, CPH status) during much of 2008, but therefore, have any direct economic the potential impacts of the proposed that might have been active immediately action on the dual lobster and impact on qualifying entities. As noted before or after. Our investigation above, the majority of non-qualifiers multispecies vessels that participate in revealed that the vast majority of these the common pool and will not qualify that listed Area 1 are most likely using permits never fished in Area 1 because non-trap gear to fish for lobster, or are for the Area 1 trap fishery. We they were associated with vessels from considered that these vessels may be engaged in a lobster trap fishery in other southern New England and points south most susceptible to restrictions in the LCMAs. The direct economic impact on and show a history of fishing in more multispecies fishery and may be most these non-qualifying vessels is likely to southerly lobster management areas, or inclined to pursue the directed lobster be negligible in terms of their gross sales they had a history of fishing with trap fishery. Common pool vessels make or profitability. However, these non- mobile gear and not traps. up about half of the groundfish fleet, but qualifiers, as well as the 1,285 permit We focused our attention on 12 of the share less than 10 percent of the overall holders that did not elect Area 1 on 34 permits that had a previous Area 1 groundfish quota for all species their 2008 permit (most of which did trap gear designation and were taken out combined. not select Area 1 in other years since), of CPH after the 2008 fishing year. We Of the 967 vessels that have both a may suffer some economic loss in terms were interested in this group of permits Federal lobster and multispecies permit, of the value of their fishing vessel. That because they represent a category of 758 will probably not qualify for the is, the value of a fishing vessel depends permit holders that may be most Area 1 trap fishery under the proposed on the condition of the physical asset impacted the eligibility criterion that action. Of these, 51 permits are in the itself, its fishing history, and the suite requires a 2008 Area 1 designation. Of common pool category and hail from of limited access permits (i.e., an open these 12 permits, only one purchased Area 1 ports. This final rule will access permit conveys no added value trap tags during the required 2004–2008 prohibit these permit holders from since there is no scarcity) that are period (in 2005 only). Since this permit transitioning into the Area 1 lobster trap attached to the vessel. did not have an Area 1 designation in fishery if restrictions on groundfishing, To the extent that limited access 2008, it would not qualify. Nevertheless, particularly those impacts on the more fishing permits may themselves be it is not the type of permit that this rule vulnerable common pool vessels, considered assets, any change in the (and the Commission and LCMT) strives necessitate a change in fishing rights or conditions affecting the current to qualify, since the permit has not been operations from groundfishing to the or future use of the permit affects its an active Area 1 trap permit since 2005. lobster trap fishery. On balance, we asset value. Limiting access to the Area Overall, we found that our criterion contend that this will result only in 1 trap fishery will restrict the future use requiring that a permit have an Area 1 indirect negative impacts on these of a limited access lobster permit for trap gear designation during the 2008 common pool fishers, since they do not non-qualifiers, hence some diminution fishing year did not create a significant have a previous history of fishing with of the contribution of the lobster permit group of non-qualifying permit holders, traps, they had not previously taken to the value of the fishing business may particularly those whose permits were advantage of the long-standing occur. Notably, the permit value of Area in CPH status during that year. A more opportunity to transition into the Area 1 qualifiers may increase, since these detailed analysis of this issue is 1 trap fishery, and refitting their vessels permits will retain the access rights that provided in the EA. for trap fishing may be cost-prohibitive. will no longer be available to non- Furthermore, restricting these non- Impacts to Federal Lobster Permit qualifiers. The magnitude of any such historical participants from the Area 1 Holders With Federal Multispecies changes in permit value to either non- trap fishery is consistent with the Permits qualifiers or qualifiers is highly Commission’s recommendations in uncertain. There certainly is no To address industry concerns that Addendum XV to cap effort at recent indication or available data to suggest catch limitations under the multispecies (2004–2008) levels. that the final rule will have anything sector management program may In contrast to the number of dual other than a small, if any, impact on prompt traditional multispecies multispecies and lobster permits that permit values. fishermen to re-direct their efforts into will not qualify for the Area 1 trap

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fishery under the proposed action, 209 Dated: May 29, 2012. (B) Documentary proof. To satisfy the vessels with both a Federal lobster and Alan D. Risenhoover, Area 1 Initial Qualification and Trap multispecies permit will qualify. Acting Deputy Assistant Administrator for Allocation Criteria set forth in Compared to the Commission’s Regulatory Programs, National Marine paragraph (a)(7)(vi)(A) of this section, Alternative, five more Federal lobster Fisheries Service. the applicants will be limited to the permits with a multispecies permit will For the reasons set out in the following documentary proof: qualify under the final rule’s criteria— preamble, 50 CFR part 697 is amended (1) As proof of a valid Federal lobster two from Massachusetts and three from as follows: permit, the applicant must provide a copy of the vessel’s current Federal Maine. All five are in the common pool lobster permit. The potential qualifier and hail from Gulf of Maine ports, thus PART 697—ATLANTIC COASTAL may, in lieu of providing a copy, the final rule decreases the number of FISHERIES COOPERATIVE MANAGEMENT provide NMFS with such data that will affected common pool participants allow NMFS to identify the Federal hailing from the Gulf of Maine ports, ■ 1. The authority citation for part 697 lobster permit in its database, which since the extension of the eligibility continues to read as follows: will at a minimum include: The period will allow these vessels to Authority: 16 U.S.C. 5101 et seq. applicant’s name and address; vessel qualify for the Area 1 trap fishery. name; and permit number. ■ 2. In § 697.4, redesignate paragraphs (2) As proof of the lobster permit’s Description of Steps the Agency Has (a)(7)(vi) through (a)(7)(x) to paragraphs 2008 Area 1 trap designation, the Taken To Minimize the Economic (a)(7)(vii) through (a)(7)(xi), revise applicant must provide a copy of the Impact on Small Entities Consistent paragraph (a)(7)(ii), and add a new vessel’s Federal lobster permit for the With the Stated Objectives of paragraph (a)(7)(vi) to read as follows: 2008 fishing year. The potential Applicable Statutes qualifier may, in lieu of providing a § 697.4 Vessel permits and trap tags. We took several steps to minimize the copy, provide NMFS with such data that (a) * * * will allow NMFS to identify the Federal economic impact of this action on small (7) * * * lobster permit in its database, which entities. First, we extended the permit (ii) Each owner of a fishing vessel that will at a minimum include: The qualification period four months beyond fishes with traps capable of catching applicant’s name and address; vessel the control date to consider all Federal lobster must declare to NMFS in his/her name; and permit number. lobster permits that elected Area 1 for annual application for permit renewal (3) As proof of Area 1 trap tag trap gear on their 2008 Federal lobster which management areas, as described purchases in any one fishing year from permit, as discussed under the Final in § 697.18, the vessel will fish in for 2004 to 2008, the applicant must Rule section of this document. lobster with trap gear during that fishing provide documentation from those Ultimately, this will allow about 32 season. The ability to declare into years, either from the trap tag vendor additional active Area 1 trap permits to Lobster Conservation Management supplying the tags or from the state or qualify without compromising the effort Areas 1, 3, 4 and/or 5, however, will be Federal government agency, affirming control intentions of the Commission’s first contingent upon a one-time initial the purchase of the tags from the plan. Second, we have set forth an qualification, as set forth in paragraphs vendor. application process that reduces the (a)(7)(vi) through (a)(7)(ix) of this (4) The Regional Administrator may, burden on the vast majority of Federal section. at his or her discretion, waive Area 1 lobster permit holders for whom * * * * * documentary obligations for certain NMFS already has sufficient (vi) Participation requirements for elements of the qualification criteria for information on hand to qualify the EEZ Nearshore Management Area 1. To an applicant if NMFS itself has clear permit for the Area 1 trap fishery. This fish for lobster with traps in the Federal and credible evidence that will satisfy waters of Area 1 after April 30, 2013, a issue is described in more detail in the that qualification criteria for the Federal lobster permit holder must applicant. Description of Projected Reporting, initially qualify into the area, or have an (C) Application period. Federal Recordkeeping, and Other Compliance open pending application to fish in the lobster permit holders seeking entry into Requirements section. Third, we will area. To qualify, the permit holder the Area 1 trap fishery must apply for allow all Federal lobster permit holders seeking initial qualification must satisfy qualification by November 1, 2012. to fish with traps in Area 1 for the the following requirements in an Failure to apply for Area 1 access by remainder of the 2012 Federal fishing application to the Regional that date shall be considered a waiver of year while the application review Administrator: any future claim for trap fishery access process is underway to avoid short-term (A) Qualification criteria. To initially into Area 1. disruptions in current fishing practices. qualify into Area 1, the applicant must (D) Appeal of denial of permit. Any Finally, those permit holders who establish with documenting proof the applicant having first applied for initial choose to apply early, that is by following: qualification into the Area 1 trap fishery September 1, 2012, will be assured, to (1) That the applicant has a valid and pursuant to paragraph (a)(7)(vi) of this the extent practicable, of a final decision current Federal lobster permit as of the section, but having been denied access, for the 2013 Federal fishing year, which date of the application; and may appeal to the Regional begins on May 1, 2013. This issue is (2) That the involved Federal lobster Administrator within 45 days of the discussed in more detail under the permit had an Area 1 trap designation date indicated on the notice of denial. Summary of Significant Issues Raised by at some time during the 2008 fishing Any such appeal must be in writing. the Public Comments section. year, which was May 1, 2008, through (1) Grounds for appeal: The sole April 30, 2009; and grounds for administrative appeal shall List of Subjects in 50 CFR Part 697 (3) That at least one Area 1 trap tag be that NMFS erred clerically in was purchased to fish with traps under concluding that the vessel did not meet Fisheries, Fishing. the involved Federal lobster permit in the criteria in paragraph (a)(7)(vi) of this any one fishing year from 2004 to 2008. section. Errors arising from oversight or

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omission such as ministerial, appeal within the 45 days and request (3) Status of vessels pending appeal. mathematical, or typographical mistakes a time extension to procure the The Regional Administrator may will form the basis of such an appeal. necessary documentation. Time authorize a vessel to fish with traps in Alleged errors in substance or judgment extensions shall be limited to 30 days Area 1 during an appeal. The Regional do not form a sufficient basis of appeal and shall be calculated as extending 30 Administrator may do so by issuing a under this paragraph. The appeal must days beyond the initial 45-day period letter authorizing the appellant to fish set forth the basis for the applicant’s that begins on the original date on the up to 800 traps in Area 1 during the belief that the Regional Administrator’s Notice of Denial. Appeals submitted pendency of the appeal. The Regional decision was made in error. If the beyond the deadlines stated herein will Administrator’s letter must be present appealing applicant does not clearly and not be accepted. Upon receipt of a onboard the vessel while it is engaged convincingly prove that an error complete written appeal with in such fishing in order for the vessel to occurred, the appeal must be denied. supporting documentation in the time be authorized to fish. If the appeal is (2) Appellate timing and review. All frame allowable, the Regional ultimately denied, the Regional appeals must be in writing and must be Administrator will then appoint an Administrator’s letter authorizing submitted to the Regional Administrator appeals officer who will review the fishing during the appeal will become postmarked no later than 45 days after appellate documentation. After invalid 5 days after receipt of the notice the date on NMFS’s Notice of Denial of completing a review of the appeal, the Initial Qualification application. Failure appeals officer will make findings and of appellate denial or 15 days after the to register an appeal within 45 days of a recommendation, which shall be date on the notice of appellate denial, the date of the Notice of Denial will advisory only, to the Regional whichever occurs first. preclude any further appeal. The Administrator, who shall make the final * * * * * appellant may notify the Regional agency decision whether to qualify the [FR Doc. 2012–13352 Filed 5–31–12; 8:45 am] Administrator of his or her intent to applicant. BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 77, No. 106

Friday, June 1, 2012

This section of the FEDERAL REGISTER organizations and individual members SUPPLEMENTARY INFORMATION: The FOIA contains notices to the public of the proposed of the public. requires each Federal agency covered by issuance of rules and regulations. The DATES: the Act to specify a schedule of fees purpose of these notices is to give interested To be considered, comments must be mailed or delivered to the applicable to processing of requests for persons an opportunity to participate in the agency records. 5 U.S.C. 552(a)(4)(i). rule making prior to the adoption of the final address listed below by 5:00 p.m. on or rules. before July 2, 2012. Pursuant to 10 CFR 1703.107(b)(6) of the Board’s regulations, the Board’s General ADDRESSES: Comments on the proposed Manager will update the FOIA Fee fee schedule should be mailed or Schedule once every 12 months. DEFENSE NUCLEAR FACILITIES delivered to the Office of the General SAFETY BOARD Previous Fee Schedule Updates were Counsel, Defense Nuclear Facilities published in the Federal Register and 10 CFR Part 1703 Safety Board, 625 Indiana Avenue NW., went into effect, most recently, on July Suite 700, Washington, DC 20004. All 12, 2010, 75 FR 39629. The Board’s Proposed FOIA Fee Schedule Update comments will be placed in the Board’s proposed fee schedule is consistent with public files and will be available for AGENCY: Defense Nuclear Facilities the guidance. The components of the inspection between 8:30 a.m. and 4:30 proposed fees (hourly charges for search Safety Board. p.m., Monday through Friday (except on ACTION: Notice of proposed rulemaking. and review and charges for copies of federal holidays), in the Board’s Public requested documents) are based upon SUMMARY: Pursuant to 10 CFR Reading Room at the same address. the Board’s specific cost. 1703.107(b)(6) of the Board’s FOR FURTHER INFORMATION CONTACT: regulations, the Defense Nuclear Brian Grosner, General Manager, Board Action Facilities Safety Board is publishing its Defense Nuclear Facilities Safety Board, Accordingly, the Board proposes to proposed Freedom of Information Act 625 Indiana Avenue NW., Suite 700, establish the following schedule of (FOIA) Fee Schedule Update and Washington, DC 20004–2901, (202) 694– updated fees for services performed in solicits comments from interested 7060. response to FOIA requests:

DEFENSE NUCLEAR FACILITIES SAFETY BOARD SCHEDULE OF FEES FOR FOIA SERVICES [Implementing 10 CFR 1703.107(b)(6)]

Search or Review Charge ...... $82.00 per hour. Copy Charge (paper) ...... $.12 per page, if done in-house, or generally available commercial rate (approxi- mately $.10 per page). Electronic Media ...... $5.00. Copy Charge (audio cassette) ...... $3.00 per cassette. Duplication of DVD ...... $25.00 for each individual DVD; $16.50 for each additional individual DVD. Copy Charge for large documents (e.g., maps, diagrams) ..... Actual commercial rates.

Dated: May 23, 2011. SUMMARY: We are revising an earlier potential fire. Since these actions Brian Grosner, proposed airworthiness directive (AD) impose an additional burden over that General Manager. for all The Boeing Company Model 757 proposed in the NPRM, we are [FR Doc. 2012–13295 Filed 5–31–12; 8:45 am] airplanes. That NPRM proposed to reopening the comment period to allow BILLING CODE 3670–01–P require a detailed inspection of the the public the chance to comment on inboard and outboard main slat track these proposed changes. downstop assemblies and a torque DATES: We must receive comments on DEPARTMENT OF TRANSPORTATION application to the main track downstop assembly nuts of slat numbers 1 through this supplemental NPRM by July 16, Federal Aviation Administration 10, excluding the outboard track of slats 2012. 1 and 10; a detailed inspection of all slat ADDRESSES: You may send comments, 14 CFR Part 39 track housings for foreign object debris using the procedures found in 14 CFR (FOD) and visible damage; and 11.43 and 11.45, by any of the following [Docket No. FAA–2010–0547; Directorate corrective actions if necessary. That Identifier 2009–NM–234–AD] methods: NPRM was prompted by reports of fuel • RIN 2120–AA64 leaking from the front spar of the wing Federal eRulemaking Portal: Go to through the slat track housing. This http://www.regulations.gov. Follow the Airworthiness Directives; The Boeing action revises that NPRM by adding instructions for submitting comments. Company Airplanes inspection results reporting. We are • Fax: 202–493–2251. AGENCY: Federal Aviation proposing this supplemental NPRM to • Mail: U.S. Department of Administration (FAA), DOT. detect and correct incorrectly installed Transportation, Docket Operations, main slat track downstop assemblies, ACTION: Supplemental notice of M–30, West Building Ground Floor, which, when the slat is retracted, could proposed rulemaking (NPRM); Room W12–140, 1200 New Jersey cause a puncture in the slat track reopening of comment period. Avenue SE., Washington, DC 20590. housing and lead to a fuel leak and

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• Hand Delivery: U.S. Department of personal information you provide. We Agreement With the Intent of the NPRM Transportation, Docket Operations, will also post a report summarizing each (75 FR 31327, June 3, 2010) M–30, West Building Ground Floor, substantive verbal contact we receive American Airlines (American) stated Room W12–140, 1200 New Jersey about this proposed AD. that, in general, it agrees with the intent Avenue SE., Washington, DC 20590, Discussion of the previous NPRM (75 FR 31327, between 9 a.m. and 5 p.m., Monday June 3, 2010). through Friday, except Federal holidays. We issued an NPRM to amend 14 CFR For service information identified in Concurrence With the Proposed part 39 to include an AD that would Inspection and Follow-On Actions this AD, contact Boeing Commercial apply to all The Boeing Company Model Airplanes, Attention: Data & Services 757 airplanes. That NPRM published in Continental Airlines (Continental) Management, P.O. Box 3707, MC 2H–65, the Federal Register on June 3, 2010 (75 stated that it concurs with the proposed Seattle, Washington 98124–2207; FR 31327). That NPRM proposed to inspection and follow-on actions. phone: 206–544–5000, extension 1; fax: require a detailed inspection of the 206–766–5680; email: Requests To Clarify Reporting Results inboard and outboard main slat track [email protected]; Internet: Boeing, Delta Air Lines (Delta), and https://www.myboeingfleet.com. You downstop assemblies and a torque FedEx requested that we clarify if may review copies of the referenced application to the main track downstop reporting the inspection results is service information at the FAA, assembly nuts of slat numbers 1 through required. Boeing stated that the Transport Airplane Directorate, 1601 10, excluding the outboard track of slats reporting request is not shown in Lind Avenue SW., Renton, Washington. 1 and 10; a detailed inspection of all slat paragraph (h) of the NPRM (75 FR For information on the availability of track housings for FOD and visible 31327, June 3, 2010). Delta stated that this material at the FAA, call 425–227– damage; and corrective actions if reporting for this subject does not add 1221. necessary. safety to the rule. Boeing Special Attention Service Examining the AD Docket Actions Since Previous NPRM (75 FR Bulletin 757–57–0068, Revision 1, dated 31327, June 3, 2010) Was Issued You may examine the AD docket on July 19, 2011, specifies reporting and the Internet at http:// Since we issued the previous NPRM includes an appendix for reporting the www.regulations.gov; or in person at the (75 FR 31327, June 3, 2010), we have inspection results. The extent of FOD, Docket Management Facility between determined that the service information visible damage, and missing parts is not 9 a.m. and 5 p.m., Monday through referenced in the NPRM, Boeing Special known. Inspection reports will help Friday, except Federal holidays. The AD Attention Service Bulletin 757–57– determine the extent of the safety issue docket contains this proposed AD, the 0068, dated September 15, 2009, in the affected fleet. Based on the results of these reports, we will determine if regulatory evaluation, any comments contains inspections for certain part further rulemaking is warranted. received, and other information. The numbers that do not exist and errors in Therefore, we have added new street address for the Docket Office certain figures. (phone: 800–647–5527) is in the paragraph (i) in this supplemental ADDRESSES section. Comments will be Relevant Service Information NPRM (SNPRM) to require operators to available in the AD docket shortly after report the inspection results. We have reviewed Boeing Special receipt. Attention Bulletin 757–57–0068, Request To Make the Inspection FOR FURTHER INFORMATION CONTACT: Revision 1, dated July 19, 2011. This Repetitive Nancy Marsh, Aerospace Engineer, service information clarifies certain part American stated that a repetitive Airframe Branch, ANM–120S, Seattle numbers, downstop assembly inspection program and/or airplane Aircraft Certification Office (ACO), components, and torquing requirements maintenance manual (AMM) revision FAA, 1601 Lind Avenue SW., Renton, for downstop fasteners; and adds an may be necessary to prevent the unsafe Washington 98057–3356; phone: 425– option to replace the slat can instead of condition. American justified its request 917–6440; fax: 425–917–6590; email: repairing it. This service information by stating that the hardware may be [email protected]. also corrects the part numbers to be changed using the AMM after the one- SUPPLEMENTARY INFORMATION: inspected and corrects the errors found time inspection, and that maintenance could result in a loose torque to the Comments Invited in Boeing Special Attention Service Bulletin 757–57–0068, dated September downstop assembly nut. We invite you to send any written 15, 2009. We disagree with revising this relevant data, views, or arguments about SNPRM to incorporate additional this proposed AD. Send your comments FAA’s Determination inspections or AMM revisions at this to an address listed under the time. The SNPRM proposes a one-time We are proposing this AD because we ADDRESSES section. Include ‘‘Docket No. inspection, and reporting. If we receive FAA–2010–0547; Directorate Identifier evaluated all the relevant information reports of discrepancies in the 2009–NM–234–AD’’ at the beginning of and determined the unsafe condition downstop hardware or of FOD in the your comments. We specifically invite described previously is likely to exist or slat cans, we may consider additional comments on the overall regulatory, develop in other products of the same rulemaking to address the unsafe economic, environmental, and energy type design. condition. If operators are doing aspects of this proposed AD. We will Comments maintenance on the slat track downstop consider all comments received by the hardware using the AMMs, they should closing date and may amend this We gave the public the opportunity to follow the instructions in the AMM and proposed AD because of those comment on the previous NPRM (75 FR correctly torque the nut. The torque comments. 31327, June 3, 2010). The following values in the AMM are the same as We will post all comments we presents the comments received on the those in Boeing Special Attention receive, without change, to http:// NPRM and the FAA’s response to each Service Bulletin 757–57–0068, Revision www.regulations.gov, including any comment. 1, dated July 19, 2011. Boeing is not

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aware of any errors in the AMMs. accomplished before the effective date detailed inspection of the inboard and Boeing has also added cautionary notes of the AD in accordance with Boeing outboard main track downstop to the pertinent sections of the AMM Special Attention Bulletin 757–57– assemblies of slat numbers 1 through 10, advising the operators to correctly 0068, dated September 15, 2009, excluding the outboard main track torque the nut, and to ensure that no provided the inspection results were downstop assemblies of slat numbers 1 FOD has dropped in to the slat can. We reported as specified in that service and 10, is to determine the assembly have not changed the SNPRM in this bulletin. order and to detect missing or damaged regard. Request To Allow Replacement of Parts parts. Request To Delay Issuing the Rule American requested that the NPRM FAA’s Determination FedEx expressed concern over the (75 FR 31327, June 3, 2010) be revised We are proposing this SNPRM availability of spare parts. FedEx stated to allow replacing damaged parts with because we evaluated all the relevant that some replacement parts are not new parts as an alternative to repairing information and determined the unsafe currently available from Boeing or are in damaged parts. American justified its condition described previously is likely very limited supply. We infer that request by stating that it may be easier to exist or develop in other products of FedEx requested we delay issuing the to simply replace a damaged housing the same type design. Certain changes rule until additional supplies of spare than to remove the damage. parts are available. We partially agree. We agree with the described above expand the scope of the We disagree. The objective of this commenter that this change is original NPRM (75 FR 31327, June 3, SNPRM is to detect and correct fuel warranted because a replacement part is 2010). As a result, we have determined leaks in the slat cans and prevent a an acceptable repair. We disagree with that it is necessary to reopen the potential fire. To delay this action changing the SNPRM, because Boeing comment period to provide additional would be inappropriate, since we have has revised Boeing Special Attention opportunity for the public to comment determined that an unsafe condition Service Bulletin 757–57–0068, to allow on this SNPRM. exists and that inspections must be either part replacement or repair. As Proposed Requirements of the SNPRM conducted to ensure continued safety. stated previously, we have changed the Additionally, based on reports received SNPRM to refer to Boeing Special This SNPRM would require to date, Boeing does not anticipate the Attention Service Bulletin 757–57– accomplishing the actions specified in need for significant numbers of part 0068, Revision 1, dated July 19, 2011. the service information described replacements. We have not changed the previously, except as discussed under Request To Account for Errors in Figure SNPRM in this regard. ‘‘Differences Between the SNPRM and 11 of the Service Information the Service Information.’’ This SNPRM Request To Correct Service Information American and Delta requested a also requires sending the inspection Continental and Delta requested provision in the NPRM (75 FR 31327, results to Boeing. resolution of the errors in the service June 3, 2010) to account for errors in information. Figure 11 of Boeing Special Attention Differences Between the SNPRM and Continental requested that the Bulletin 757–57–0068, dated September the Service Information illustrated parts catalog be permitted for 15, 2009. The commenters justified the Boeing Special Attention Bulletin use in determining correct part numbers request by stating that the dimensioning 757–57–0068, Revision 1, dated July 19, and alternative part numbers. of the allowable blendout in Figure 11 2011, specifies to contact the Delta noted that the torque values in of Boeing Special Attention Bulletin manufacturer for instructions on how to the service information may be incorrect 757–57–0068, dated September 15, repair certain conditions, but this and that the illustrations of proper 2009, is unclear. assembly are incorrect. Delta also We partially agree. We agree with the SNPRM would require repairing those requested that we revise the NPRM (75 commenters that the figure in Boeing conditions in one of the following ways: FR 31327, June 3, 2010) to specify that Special Attention Bulletin 757–57– • Using a method that we approve; or the actions be accomplished using the 0068, dated September 15, 2009, is • Using data that meet the better illustrations available in the unclear. We disagree with revising this certification basis of the airplane, and AMM. SNPRM, because Boeing has provided that have been approved by the Boeing We agree with the commenters that corrected service instructions in Boeing Commercial Airplanes Organization corrections to Boeing Special Attention Special Attention Service Bulletin 757– Designation Authorization (ODA) that Service Bulletin 757–57–0068, dated 57–0068, Revision 1, dated July 19, we have authorized to make those September 15, 2009, are needed. We 2011. As stated previously, we have findings. have revised the SNPRM to require changed the SNPRM to refer to this Boeing Special Attention Service revision of the service information. Costs of Compliance Bulletin 757–57–0068, Revision 1, dated July 19, 2011, which corrects the errors Clarification of Inspection We estimate that this proposed AD specified by the commenters. We have Requirements affects 645 airplanes of U.S. registry. also added new paragraph (j) to this We have revised paragraph (g) of the We estimate the following costs to SNPRM to provide credit for actions SNPRM to clarify that the purpose of the comply with this proposed AD:

ESTIMATED COSTS

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

Inspection ...... 20 work-hours × $85 per hour = $1,700 ...... $0 $1,700 $1,096,500

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We have received no definitive data PART 39—AIRWORTHINESS Special Attention Service Bulletin 757–57– that would enable us to provide cost DIRECTIVES 0068, Revision 1, dated July 19, 2011. estimates for the on-condition actions (h) Exceptions to the Service Bulletin specified in this proposed AD. 1. The authority citation for part 39 continues to read as follows: (1) Where Boeing Special Attention Service Authority for This Rulemaking Bulletin 757–57–0068, Revision 1, dated July Authority: 49 U.S.C. 106(g), 40113, 44701. 19, 2011, specifies a compliance time ‘‘after the date on this service bulletin,’’ this AD Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue requires compliance at the specified time 2. The FAA amends § 39.13 by adding rules on aviation safety. Subtitle I, after the effective date of this AD. the following new airworthiness section 106, describes the authority of (2) Where Boeing Special Attention Service directive (AD): Bulletin 757–57–0068, Revision 1, dated July the FAA Administrator. ‘‘Subtitle VII: 19, 2011, specifies to contact Boeing for The Boeing Company: Docket No. FAA– Aviation Programs’’ describes in more appropriate action: Before further flight, 2010–0547; Directorate Identifier 2009– detail the scope of the Agency’s repair the damage using a method approved NM–234–AD. authority. in accordance with the procedures specified We are issuing this rulemaking under (a) Comments Due Date in paragraph (l)(1) of this AD. the authority described in Subtitle VII, We must receive comments by July 16, (i) Reporting Requirement 2012. Part A, Subpart III, Section 44701: If any of the conditions specified in ‘‘General requirements.’’ Under that (b) Affected ADs paragraph B.3., ‘‘Part 3—Appendix A: section, Congress charges the FAA with None. Inspection Results Report,’’ of the promoting safe flight of civil aircraft in Accomplishment Instructions of Boeing air commerce by prescribing regulations (c) Applicability Special Attention Service Bulletin 757–57– for practices, methods, and procedures This AD applies to all The Boeing 0068, Revision 1, dated July 19, 2011, are the Administrator finds necessary for Company Model 757–200, –200PF, –200CB, found during the inspection required by safety in air commerce. This regulation and –300 series airplanes, certificated in any paragraph (g) of this AD, submit a report of category. the inspection findings at the applicable time is within the scope of that authority specified in paragraph (i)(1) or (i)(2) of this because it addresses an unsafe condition (d) Subject AD, as specified in Appendix A of Boeing that is likely to exist or develop on Joint Aircraft System Component (JASC)/ Special Attention Service Bulletin 757–57– products identified in this rulemaking Air Transport Association (ATA) of America 0068, Revision 1, dated July 19, 2011, to action. Code 57, Wings. Boeing through the Boeing Communication System (BCS). The report must include a Regulatory Findings (e) Unsafe Condition description of any discrepancies found, the We determined that this proposed AD This AD was prompted by reports of fuel airplane serial number, and the number of leaking from the front spar of the wing landings and flight hours on the airplane. would not have federalism implications through the slat track housing. We are issuing (1) If the inspection was done on or after under Executive Order 13132. This this AD to detect and correct incorrectly the effective date of this AD: Submit the proposed AD would not have a installed main track downstop assemblies, report within 30 days after the inspection. substantial direct effect on the States, on which, when the slat is retracted, could cause (2) If the inspection was done before the the relationship between the national a puncture in the slat track housing and lead effective date of this AD: Submit the report Government and the States, or on the to a fuel leak and potential fire. within 30 days after the effective date of this AD. distribution of power and (f) Compliance responsibilities among the various Comply with this AD within the (j) Credit for Previous Actions levels of government. compliance times specified, unless already This paragraph provides credit for For the reasons discussed above, I done. inspections and corrective actions required by paragraph (g) of this AD, if the inspections certify this proposed regulation: (g) Inspection and Torque Application (1) Is not a ‘‘significant regulatory and corrective actions were performed before Except as required by paragraph (h)(1) of the effective date of this AD using Boeing action’’ under Executive Order 12866, this AD, at the applicable time specified in Special Attention Bulletin 757–57–0068, (2) Is not a ‘‘significant rule’’ under paragraph 1.E., ‘‘Compliance,’’ of Boeing dated September 15, 2009, provided the the DOT Regulatory Policies and Special Attention Service Bulletin 757–57– inspection results were reported as specified Procedures (44 FR 11034, February 26, 0068, Revision 1, dated July 19, 2011: Do the in Boeing Special Attention Bulletin 757–57– 1979), actions in paragraphs (g)(1) and (g)(2) of this 0068, dated September 15, 2009. AD. (3) Will not affect intrastate aviation (1) Perform a detailed inspection of the (k) Paperwork Reduction Act Burden in Alaska, and inboard and outboard main track downstop Statement (4) Will not have a significant assemblies of slat numbers 1 through 10, A federal agency may not conduct or economic impact, positive or negative, excluding the outboard main track downstop sponsor, and a person is not required to on a substantial number of small entities assemblies of slat numbers 1 and 10, for respond to, nor shall a person be subject to under the criteria of the Regulatory correct assembly order and missing or a penalty for failure to comply with a collection of information subject to the Flexibility Act. damaged parts; perform a detailed inspection of all slat track housings for foreign object requirements of the Paperwork Reduction List of Subjects in 14 CFR Part 39 debris, visible damage, and missing parts; Act unless that collection of information and do all applicable corrective actions; in displays a current valid OMB Control Air transportation, Aircraft, Aviation accordance with the Accomplishment Number. The OMB Control Number for this safety, Incorporation by reference, Instructions of Boeing Special Attention information collection is 2120–0056. Public Safety. Service Bulletin 757–57–0068, Revision 1, reporting for this collection of information is dated July 19, 2011, except as required by estimated to be approximately 5 minutes per The Proposed Amendment paragraph (h)(2) of this AD. Do all applicable response, including the time for reviewing corrective actions before further flight. instructions, completing, and reviewing the Accordingly, under the authority (2) Apply torque to the main track down collection of information. All responses to delegated to me by the Administrator, stop assembly nuts to make sure they have this collection of information are mandatory. the FAA proposes to amend 14 CFR part been correctly installed, in accordance with Comments concerning the accuracy of this 39 as follows: the Accomplishment Instructions of Boeing burden and suggestions for reducing the

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burden should be directed to the FAA at: 800 DEPARTMENT OF TRANSPORTATION Examining the AD Docket Independence Ave. SW., Washington, DC You may examine the AD docket on 20591, Attn: Information Collection Federal Aviation Administration the Internet at http:// Clearance Officer, AES–200. www.regulations.gov; or in person at the 14 CFR Part 39 (l) Alternative Methods of Compliance Docket Management Facility between (AMOCs) 9 a.m. and 5 p.m., Monday through [Docket No. FAA–2011–0115; Directorate (1) The Manager, Seattle Certification Friday, except Federal holidays. The AD Identifier 2010–NE–40–AD] Office (ACO), FAA, has the authority to docket contains this proposed AD, the approve AMOCs for this AD, if requested regulatory evaluation, any comments using the procedures found in 14 CFR 39.19. RIN 2120–AA64 received, and other information. The In accordance with 14 CFR 39.19, send your street address for the Docket Office request to your principal inspector or local Airworthiness Directives; Turbomeca (phone: 800–647–5527) is in the Flight Standards District Office, as S.A. Turboshaft Engines ADDRESSES section. Comments will be appropriate. If sending information directly AGENCY: Federal Aviation available in the AD docket shortly after to the manager of the ACO, send it to the Administration (FAA), DOT. receipt. attention of the person identified in the FOR FURTHER INFORMATION CONTACT: Rose ACTION: Notice of proposed rulemaking Related Information section of this AD. Len, Aerospace Engineer, Engine (NPRM). Information may be emailed to 9-ANM- Certification Office, FAA, Engine & [email protected]. SUMMARY: We propose to supersede an Propeller Directorate, 12 New England (2) Before using any approved AMOC, existing airworthiness directive (AD) Executive Park, Burlington, MA 01803; notify your appropriate principal inspector, that applies to certain Turbomeca S.A. phone: 781–238–7772; fax: 781–238– or lacking a principal inspector, the manager Arriel 2B and 2B1 turboshaft engines. 7199; email: [email protected]. of the local flight standards district office/ The existing AD currently requires SUPPLEMENTARY INFORMATION: certificate holding district office. accomplishment of the TU166 (3) An AMOC that provides an acceptable Comments Invited modification. Since we issued that AD, level of safety may be used for any repair we became aware of an accident We invite you to send any written required by this AD if it is approved by the involving an engine in-flight shutdown relevant data, views, or arguments about Boeing Commercial Airplanes Organization on a twin-engine helicopter powered by this proposed AD. Send your comments Designation Authorization (ODA) that has to an address listed under the been authorized by the Manager, Seattle ACO two Arriel 2S2 engines. This proposed AD would add the Arriel 2S2 engine to ADDRESSES section. Include ‘‘Docket No. to make those findings. For a repair method FAA–2011–0115; Directorate Identifier to be approved, the repair must meet the the applicability of engines requiring the TU166 modification with a different 2010–NE–40–AD’’ at the beginning of certification basis of the airplane and the your comments. We specifically invite approval must specifically refer to this AD. compliance time. We are proposing this AD to prevent rupture of a gas generator comments on the overall regulatory, (m) Related Information (GG) turbine blade, which could result economic, environmental, and energy (1) For more information about this AD, in an uncommanded in-flight shutdown aspects of this proposed AD. We will contact Nancy Marsh, Aerospace Engineer, and a forced landing or accident. consider all comments received by the closing date and may amend this Airframe Branch, ANM–120S, Seattle DATES: We must receive comments on proposed AD because of those Aircraft Certification Office (ACO), FAA, this proposed AD by July 31, 2012. 1601 Lind Avenue SW., Renton, Washington comments. ADDRESSES: You may send comments, 98057–3356; phone: 425–917–6440; fax: 425– We will post all comments we using the procedures found in 14 CFR receive, without change, to http:// 917–6590; email: [email protected]. 11.43 and 11.45, by any of the following (2) For service information identified in www.regulations.gov, including any methods: this AD, contact Boeing Commercial personal information you provide. We • Federal eRulemaking Portal: Go to Airplanes, Attention: Data & Services will also post a report summarizing each http://www.regulations.gov. Follow the Management, P.O. Box 3707, MC 2H–65, substantive verbal contact we receive Seattle, Washington 98124–2207; phone: instructions for submitting comments. about this proposed AD. • Fax: 202–493–2251. 206–544–5000, extension 1; fax: 206–766– • Discussion 5680; email: [email protected]; Mail: U.S. Department of Internet: https://www.myboeingfleet.com. Transportation, Docket Operations, On June 14, 2011, we issued AD You may review copies of the referenced M–30, West Building Ground Floor, 2011–13–05, Amendment 39–16728 (76 service information at the FAA, Transport Room W12–140, 1200 New Jersey FR 40222, July 8, 2011) for Turbomeca Airplane Directorate, 1601 Lind Avenue SW., Avenue SE., Washington, DC 20590. S.A. Arriel 2B and 2B1 turboshaft • Renton, Washington. For information on the Hand Delivery: Deliver to Mail engines not modified by the TU166 availability of this material at the FAA, call address above between 9 a.m. and modification. That AD requires 425–227–1221. 5 p.m., Monday through Friday, except accomplishment of the TU166 Federal holidays. modification when the GG turbine is Issued in Renton, Washington, on May 18, For service information identified in replaced or when the engine or Module 2012. this AD, contact Turbomeca, 40220 M03 is going through overhaul or repair, Michael Kaszycki, Tarnos, France; phone: 33 (0)5 59 74 40 or within 1,300 cycles-in-service after Acting Manager, Transport Airplane 00; telex: 570 042; fax: 33 (0)5 59 74 45 the effective date of that AD, whichever Directorate, Aircraft Certification Service. 15. You may review copies of the occurs first. That AD resulted from [FR Doc. 2012–13055 Filed 5–31–12; 8:45 am] referenced service information at the several cases of GG turbine blade BILLING CODE 4910–13–P FAA, Engine & Propeller Directorate, 12 rupture occurring in service on Arriel 2 New England Executive Park, twin-engine powered helicopters, and Burlington, MA. For information on the one case on a single-engine powered availability of this material at the FAA, helicopter. We issued that AD to call 781–238–7125. prevent rupture of a GG turbine blade,

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which could result in an uncommanded take about 60 work-hours per product to the FAA proposes to amend 14 CFR part in-flight shutdown and an emergency comply with this AD. The average labor 39 as follows: autorotation landing or accident on rate is $85 per work-hour. Required single-engine powered helicopters. parts would cost about $3,900 per PART 39—AIRWORTHINESS product. Based on these figures, we DIRECTIVES Actions Since Existing AD Was Issued estimate the cost of the AD on U.S. 1. The authority citation for part 39 Since we issued AD 2011–13–05, operators to be $4,878,000. continues to read as follows: Amendment 39–16728 (76 FR 40222, July 8, 2011), an accident occurred on Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. a Sikorsky S–76C++ twin-engine Title 49 of the United States Code § 39.13 [Amended] helicopter following an uncommanded specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by in-flight shutdown of one of its Arriel rules on aviation safety. Subtitle I, removing airworthiness directive (AD) 2S2 turboshaft engines. That engine did Section 106, describes the authority of 2011–13–05, Amendment 39–16728 (76 not have the TU166 modification the FAA Administrator. Subtitle VII, FR 40222, July 8, 2011), and adding the incorporated. The European Aviation Aviation Programs, describes in more following new AD: Safety Agency (EASA), which is the detail the scope of the Agency’s Technical Agent for the Member States authority. Turbomeca S.A.: Docket No. FAA–2011– of the European Community, has 0115; Directorate Identifier 2010–NE– We are issuing this rulemaking under 40–AD. superseded EASA AD 2010–0198, dated the authority described in Subtitle VII, October 1, 2010, which we reference in Part A, Subpart III, Section 44701, (a) Comments Due Date AD 2011–13–05. The EASA superseding ‘‘General requirements.’’ Under that The FAA must receive comments on this AD, AD 2012–0054, dated April 2, 2012, section, Congress charges the FAA with AD action by July 31, 2012. adds the Arriel 2S2 turboshaft engine to promoting safe flight of civil aircraft in (b) Affected ADs the applicability for incorporating the air commerce by prescribing regulations This AD supersedes AD 2011–13–05, TU166 modification with its own for practices, methods, and procedures Amendment 39–16728 (76 FR 40222, July 8, compliance time. This AD adds the the Administrator finds necessary for 2011). Arriel 2S2 engine with a compliance safety in air commerce. This regulation (c) Applicability time different than the Arriel 2B and is within the scope of that authority 2B1 engines. because it addresses an unsafe condition This AD applies to Turbomeca S.A. Arriel 2B, 2B1, and 2S2 turboshaft engines not Relevant Service Information that is likely to exist or develop on modified by TU166 modification. products identified in this rulemaking We reviewed Turbomeca S.A. Alert action. (d) Unsafe Condition Mandatory Service Bulletin (MSB) No. This AD was prompted by reports of an A292 72 3166 Version B, dated Regulatory Findings accident involving a twin-engine helicopter September 20, 2010, and Alert MSB No. We have determined that this powered by two Arriel 2S2 engines. We are A292 72 4166 Version A, dated March proposed AD would not have federalism issuing this AD to prevent rupture of a gas generator (GG) turbine blade, which could 23, 2012. The Alert MSBs describe implications under Executive Order procedures for accomplishing the result in an uncommanded in-flight 13132. This proposed AD would not shutdown and a forced landing or accident. TU166 modification. have a substantial direct effect on the (e) Compliance FAA’s Determination States, on the relationship between the national Government and the States, or Comply with this AD within the We are proposing this AD because we on the distribution of power and compliance times specified, unless already evaluated all the relevant information responsibilities among the various done. and determined the unsafe condition (1) For Arriel 2B and 2B1 turboshaft levels of government. described previously is likely to exist or engines, accomplish the TU166 modification For the reasons discussed above, I develop in other products of the same in accordance with the instructions specified certify that the proposed regulation: type design. within Turbomeca Alert Mandatory Service (1) Is not a ‘‘significant regulatory Bulletin (MSB) No. A292 72 3166 Version B, Proposed AD Requirements action’’ under Executive Order 12866, dated September 20, 2010, when the GG (2) Is not a ‘‘significant rule’’ under Turbine is replaced or when the engine or This proposed AD would retain all of Module M03 is going through overhaul or the requirements of AD 2011–13–05, the DOT Regulatory Policies and repair, or within 676 cycles-in-service (CIS) Amendment 39–16728 (76 FR 40222, Procedures (44 FR 11034, February 26, after the effective date of this AD, whichever July 8, 2011) except it would reduce the 1979), occurs first. compliance time for the Arriel 2B and (3) Will not affect intrastate aviation (2) For Arriel 2S2 turboshaft engines, 2B1 engines to account for the effective in Alaska, and accomplish the TU166 modification in date of that AD. This proposed AD (4) Will not have a significant accordance with the instructions specified economic impact, positive or negative, within Turbomeca Alert MSB No. A292 72 would add the Arriel 2S2 turboshaft 4166 Version A, dated March 23, 2012, when engine to the AD applicability and on a substantial number of small entities the GG Turbine is replaced or when the would add accomplishing the TU166 under the criteria of the Regulatory engine or Module M03 is going through modification to those engines with a Flexibility Act. overhaul or repair, or within 500 CIS after the effective date of this AD, whichever occurs compliance time different from the List of Subjects in 14 CFR Part 39 compliance time for the Arriel 2B and first. 2B1 engines. Air transportation, Aircraft, Aviation (f) Credit for Previous Actions safety, Incorporation by reference, Costs of Compliance For Arriel 2B and 2B1 turboshaft engines, Safety. if before the effective date of this AD, you Based on the service information, we The Proposed Amendment performed the TU166 modification using estimate that this proposed AD would Turbomeca Alert MSB No. A292 72 3166 affect about 542 products of U.S. Accordingly, under the authority Version A, dated August 17, 2010, you met registry. We also estimate that it would delegated to me by the Administrator, the requirements of this AD.

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(g) Alternative Methods of Compliance issued that AD, we have received Certification Office (ACO), FAA, 1600 (AMOCs) multiple reports of cracks on the Stewart Avenue, Suite 410, Westbury, The Manager, Engine Certification Office, forward face of the rear pressure New York 11590; telephone (516) 228– may approve AMOCs for this AD. Use the bulkhead (RPB) web. This proposed AD 7306; fax (516) 794–5531. procedures found in 14 CFR 39.19 to make would require revising the maintenance SUPPLEMENTARY INFORMATION: your request. program to incorporate a revised task Comments Invited (h) Related Information specified in a certain temporary (1) For more information about this AD, revision, which requires an improved We invite you to send any written contact Rose Len, Aerospace Engineer, non-destructive inspection procedure; relevant data, views, or arguments about Engine Certification Office, FAA, Engine & and adds airplanes to the applicability. this proposed AD. Send your comments Propeller Directorate, 12 New England We are proposing this AD to detect and to an address listed under the Executive Park, Burlington, MA 01803; correct cracking in the RPB, which ADDRESSES section. Include ‘‘Docket No. phone: 781–238–7772; fax: 781–238–7199; could result in reduced structural FAA–2012–0496; Directorate Identifier email: [email protected]. integrity and rapid decompression of 2011–NM–263–AD’’ at the beginning of (2) European Aviation Safety Agency AD the airplane. your comments. We specifically invite 2012–0054, dated April 2, 2012, also pertains comments on the overall regulatory, to this AD. DATES: We must receive comments on (3) For service information identified in this proposed AD by July 16, 2012. economic, environmental, and energy this AD, contact Turbomeca, 40220 Tarnos, ADDRESSES: You may send comments by aspects of this proposed AD. We will France; phone: 33 (0)5 59 74 40 00; telex: 570 any of the following methods: consider all comments received by the 042; fax: 33 (0)5 59 74 45 15. You may review • Federal eRulemaking Portal: Go to closing date and may amend this copies of the referenced service information http://www.regulations.gov. Follow the proposed AD based on those comments. at the FAA, Engine & Propeller Directorate, We will post all comments we 12 New England Executive Park, Burlington, instructions for submitting comments. • Fax: (202) 493–2251. receive, without change, to http:// MA. You may review copies of the referenced • www.regulations.gov, including any service information at the FAA, Engine & Mail: U.S. Department of Transportation, Docket Operations, personal information you provide. We Propeller Directorate, 12 New England will also post a report summarizing each Executive Park, Burlington, MA. For M–30, West Building Ground Floor, information on the availability of this Room W12–140, 1200 New Jersey substantive verbal contact we receive material at the FAA, call 781–238–7125. Avenue SE., Washington, DC 20590. about this proposed AD. • Issued in Burlington, Massachusetts, on Hand Delivery: U.S. Department of Discussion Transportation, Docket Operations, May 25, 2012. On October 31, 2005, we issued AD M–30, West Building Ground Floor, Pete A. White, 2005–23–01, Amendment 39–14359 (70 Room W12–140, 1200 New Jersey Manager, Engine & Propeller Directorate, FR 69073, November 14, 2005). That AD Avenue SE., Washington, DC, between 9 Aircraft Certification Service. required actions intended to address an a.m. and 5 p.m., Monday through [FR Doc. 2012–13324 Filed 5–31–12; 8:45 am] unsafe condition on the products listed Friday, except Federal holidays. BILLING CODE 4910–13–P above. Since we issued AD 2005–23–01, For service information identified in Transport Canada Civil Aviation this proposed AD, contact Bombardier, (TCCA), which is the aviation authority Inc., 400 Coˆte-Vertu Road West, Dorval, DEPARTMENT OF TRANSPORTATION for Canada, has issued Canadian Que´bec H4S 1Y9, Canada; telephone Airworthiness Directive CF–2011–30, Federal Aviation Administration 514–855–5000; fax 514–855–7401; email dated August 11, 2011 (referred to after [email protected]; Internet this as ‘‘the MCAI’’), to correct an unsafe 14 CFR Part 39 http://www.bombardier.com. You may condition for the specified products. review copies of the referenced service [Docket No. FAA–2012–0496; Directorate The MCAI states: Identifier 2011–NM–263–AD] information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue Cracks on the forward face of the Rear RIN 2120–AA64 SW., Renton, Washington. For Pressure Bulkhead (RPB) web have been information on the availability of this discovered on three CL–600–2B19 aeroplanes in-service. This indicates that the existing Airworthiness Directives; Bombardier material at the FAA, call 425–227–1221. Inc. Airplanes inspection requirements of Airworthiness Examining the AD Docket Limitation (AWL) task 53–61–153 mandated AGENCY: Federal Aviation by [TCCA] AD CF–2005–13R1 are not Administration (FAA), DOT. You may examine the AD docket on adequate. Failure of the RPB could result in the Internet at http:// rapid decompression of the aeroplane. ACTION: Notice of proposed rulemaking www.regulations.gov; or in person at the A Temporary Revision has been made to (NPRM). Docket Operations office between 9 a.m. Part 2 of the Maintenance Requirements Manual (MRM) to revise the existing AWL SUMMARY: We propose to supersede an and 5 p.m., Monday through Friday, task by introducing an improved Non- existing airworthiness directive (AD) except Federal holidays. The AD docket contains this proposed AD, the Destructive Inspection (NDI) procedure to that applies to certain Bombardier, Inc. ensure that fatigue cracking of the RPB is Model CL–600–2B19 (Regional Jet regulatory evaluation, any comments detected and corrected. Series 100 & 440) airplanes. The existing received, and other information. The This [TCCA] directive mandates the AD currently requires revising the street address for the Docket Operations incorporation of a new NDI procedure for airworthiness limitations section (AWL) office (telephone (800) 647–5527) is in AWL task number 53–61–153. of the instructions for continued the ADDRESSES section. Comments will You may obtain further information airworthiness (ICA) of the Canadair be available in the AD docket shortly by examining the MCAI in the AD Regional Jet Maintenance Requirements after receipt. docket. Manual by incorporating new FOR FURTHER INFORMATION CONTACT: procedures for repetitive detailed and Jeffrey Zimmer, Aerospace Engineer, Relevant Service Information special detailed inspections for cracking Airframe & Mechanical Systems Branch, Bombardier Inc. has issued of the aft pressure bulkhead. Since we ANE–171, New York Aircraft Temporary Revision 2B–2187, dated

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June 22, 2011, to Appendix B— that is likely to exist or develop on (c) Applicability Airworthiness Limitations, of Part 2 of products identified in this rulemaking (1) This AD applies to Bombardier, Inc. the Bombardier CL–600–2B19 MRM. action. Model CL–600–2B19 (Regional Jet Series 100 The actions described in this service & 440) airplanes, certificated in any category, Regulatory Findings information are intended to correct the serial numbers 7003 and subsequent. unsafe condition identified in the We determined that this proposed AD (2) This AD requires revisions to certain MCAI. would not have federalism implications operator maintenance documents to include new inspections. Compliance with these under Executive Order 13132. This inspections is required by 14 CFR 91.403(c). FAA’s Determination and Requirements proposed AD would not have a of This Proposed AD For airplanes that have been previously substantial direct effect on the States, on modified, altered, or repaired in the areas This product has been approved by the relationship between the national addressed by these inspections, the operator the aviation authority of another Government and the States, or on the may not be able to accomplish the country, and is approved for operation distribution of power and inspections described in the revisions. In this in the United States. Pursuant to our responsibilities among the various situation, to comply with 14 CFR 91.403(c), bilateral agreement with the State of levels of government. the operator must request approval for an Design Authority, we have been notified For the reasons discussed above, I alternative method of compliance according of the unsafe condition described in the to paragraph (k)(1) of this AD. The request certify this proposed regulation: should include a description of changes to MCAI and service information 1. Is not a ‘‘significant regulatory the required inspections that will ensure the referenced above. We are proposing this action’’ under Executive Order 12866; continued damage tolerance of the affected AD because we evaluated all pertinent 2. Is not a ‘‘significant rule’’ under the structure. The FAA has provided guidance information and determined an unsafe DOT Regulatory Policies and Procedures for this determination in FAA Advisory condition exists and is likely to exist or (44 FR 11034, February 26, 1979); Circular (AC) 25.1529–1A, dated November develop on other products of the same 3. Will not affect intrastate aviation in 20, 2007 (http://rgl.faa.gov/ _ _ _ type design. Alaska; and Regulatory and Guidance Library/ 4. Will not have a significant rgAdvisoryCircular.nsf/list/AC%2025.1529- Costs of Compliance 1A/$FILE/AC%2025.1529-1A.pdf). economic impact, positive or negative, Based on the service information, we on a substantial number of small entities (d) Subject estimate that this proposed AD would under the criteria of the Regulatory Air Transport Association (ATA) of affect about 586 products of U.S. Flexibility Act. America Code 53: Fuselage. registry. We prepared a regulatory evaluation (e) Reason The actions that are required by AD of the estimated costs to comply with 2005–23–01, Amendment 39–14359 (70 this proposed AD and placed it in the This AD was prompted by multiple reports of cracks on the forward face of the rear FR 69073, November 14, 2005), and AD docket. retained in this proposed AD take about pressure bulkhead (RPB) web. We are issuing 2 work-hours per product, at an average List of Subjects in 14 CFR Part 39 this AD to detect and correct cracking in labor rate of $85 per work hour. Based RPB, which could result in reduced Air transportation, Aircraft, Aviation structural integrity and rapid decompression on these figures, the estimated cost of safety, Incorporation by reference, of the airplane. the currently required actions is $170 Safety. per product. (f) Compliance We estimate that it would take about The Proposed Amendment You are responsible for having the actions 1 work-hour per product to comply with Accordingly, under the authority required by this AD performed within the the new basic requirements of this delegated to me by the Administrator, compliance times specified, unless the actions have already been done. proposed AD. The average labor rate is the FAA proposes to amend 14 CFR part $85 per work-hour. Based on these 39 as follows: (g) Retained Revision to the Airworthiness figures, we estimate the cost of the Limitations (AWL) Section proposed AD on U.S. operators to be PART 39—AIRWORTHINESS This paragraph restates the requirements of $49,810, or $85 per product. DIRECTIVES paragraph (f) of AD 2005–23–01, Amendment Authority for This Rulemaking 39–14359 (70 FR 69073, November 14, 2005). 1. The authority citation for part 39 For airplanes having serial numbers 7003 Title 49 of the United States Code continues to read as follows: through 8025 inclusive, 8030, and 8034: specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. Within 30 days after November 29, 2005 (the rules on aviation safety. Subtitle I, effective date of AD 2005–23–01), revise the section 106, describes the authority of § 39.13 [Amended] Airworthiness Limitations section of the the FAA Administrator. ‘‘Subtitle VII: 2. The FAA amends § 39.13 by Instructions for Continued Airworthiness of removing airworthiness directive (AD) the Canadair Regional Jet Maintenance Aviation Programs,’’ describes in more Requirements Manual (MRM), Part 2, detail the scope of the Agency’s 2005–23–01, Amendment 39–14359 (70 Appendix B, ‘‘Airworthiness Limitations,’’ by authority. FR 69073, November 14, 2005), and incorporating the information specified in We are issuing this rulemaking under adding the following new AD: AWL Number 53–61–153 of the Canadair the authority described in ‘‘Subtitle VII, Bombardier, Inc.: Docket No. FAA–2012– Regional Jet Temporary Revision (TR) 2B– Part A, Subpart III, Section 44701: 0496; Directorate Identifier 2011–NM– 2109, dated October 13, 2005, into the AWL General requirements.’’ Under that 263–AD. section. Perform the applicable detailed and section, Congress charges the FAA with special detailed inspections for cracking of (a) Comments Due Date promoting safe flight of civil aircraft in the aft pressure bulkhead, as specified in the air commerce by prescribing regulations We must receive comments by July 16, TR, at the applicable compliance time 2012. specified in table 1 of this AD. Repeat the for practices, methods, and procedures detailed inspection thereafter at intervals not the Administrator finds necessary for (b) Affected ADs to exceed 1,085 flight cycles, and repeat the safety in air commerce. This regulation This AD supersedes AD 2005–23–01, special detailed inspection thereafter at is within the scope of that authority Amendment 39–14359 (70 FR 69073, intervals not to exceed 4,360 flight cycles, in because it addresses an unsafe condition November 14, 2005). accordance with the procedures specified in

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AWL Number 53–61–153, as introduced by ‘‘Airworthiness Limitations,’’ of Part 2 of the Canadair Regional Jet TR 2B–2109, dated Canadair Regional Jet MRM. October 13, 2005, to Appendix B,

TABLE 1—COMPLIANCE TIMES FOR INITIAL INSPECTIONS

As of November 29, 2005 (the effective date of AD 2005–23–01, Amendment 39–14359 (70 FR 69073, November 14, 2005)): If the total flight Inspect before the airplane accumulates— cycles accumulated on the airplane are—

8,000 or fewer ...... 12,000 total flight cycles. More than 8,000 but fewer than 12,000 ...... 15,000 total flight cycles or within 4,000 flight cycles after November 29, 2005 (the effective date of AD 2005–23–01, Amendment 39–14359 (70 FR 69073, November 14, 2005)), whichever is first. 12,000 or more but fewer than 15,000 ...... 17,000 total flight cycles or within 3,000 flight cycles after November 29, 2005 (the effective date of AD 2005–23–01), whichever is first. 15,000 or more but fewer than 17,000 ...... 18,500 total flight cycles or within 2,000 flight cycles after November 29, 2005 (the effective date of AD 2005–23–01), whichever is first. 17,000 or more but fewer than 18,500 ...... 19,500 total flight cycles or within 1,500 flight cycles after November 29, 2005 (the effective date of AD 2005–23–01), whichever is first. 18,500 or more but fewer than 19,500 ...... 20,000 total flight cycles or within 1,000 flight cycles after November 29, 2005 (the effective date of AD 2005–23–01), whichever is first. 19,500 or more ...... 500 flight cycles after November 29, 2005 (the effective date of AD 2005–23–01).

(h) Retained General Revision of MRM Regional Jet TR 2B–2109, dated October 13, 2011, and the following temporary revision; This paragraph restates the requirements of 2005, to Appendix B, ‘‘Structural for related information. paragraph (g) of AD 2005–23–01, Airworthiness Limitations, of Part 2 of the (1) Bombardier TR 2B–2187, dated June 22, Amendment 39–14359 (70 FR 69073, Canadair Regional Jet MRM; and Bombardier 2011, to Appendix B—Airworthiness November 14, 2005). For airplanes having TR 2B–2187, dated June 22, 2011, to Limitations, of Part 2 of the Bombardier CL– serial numbers 7003 through 8025 inclusive, Appendix B—Airworthiness Limitations, of 600–2B19 MRM. 8030, and 8034: When the information in Part 2 of the Bombardier CL–600–2B19 MRM; (2) Canadair Regional Jet TR 2B–2109, AWL Number 53–61–153 of the Canadair unless the actions and intervals are approved dated October 13, 2005, to Appendix B, Regional Jet TR 2B–2109, dated October 13, as an AMOC in accordance with the ‘‘Airworthiness Limitations,’’ of Part 2 of the 2005, to Appendix B, ‘‘Airworthiness procedures specified in paragraph (k)(1) of Canadair Regional Jet MRM. Limitations,’’ of Part 2 of the Canadair this AD. Issued in Renton, Washington, on May 18, Regional Jet MRM, is included in the general 2012. (k) Other FAA AD Provisions revisions of the MRM, the general revisions Michael J. Kaszycki, may be inserted into the AWL section of the The following provisions also apply to this Acting Manager, Transport Airplane Instructions for Continued Airworthiness, AD: Directorate, Aircraft Certification Service. and this information may be removed from (1) Alternative Methods of Compliance the MRM. (AMOCs): The Manager, New York Aircraft [FR Doc. 2012–13329 Filed 5–31–12; 8:45 am] BILLING CODE 4910–13–P (i) New Revision of the Maintenance Certification Office (ACO), ANE–170, FAA, Program has the authority to approve AMOCs for this AD, if requested using the procedures found Within 60 days after the effective date of in 14 CFR 39.19. In accordance with 14 CFR DEPARTMENT OF TRANSPORTATION this AD: Revise the maintenance program by 39.19, send your request to your principal incorporating the revised inspection inspector or local Flight Standards District Federal Aviation Administration requirements specified in AWL Number 53– Office, as appropriate. If sending information 61–153 of Bombardier TR 2B–2187, dated directly to the manager of the ACO, send it 14 CFR Part 121 June 22, 2011, to Appendix B –Airworthiness to ATTN: Program Manager, Continuing Limitations, of Part 2 of the Bombardier CL– Operational Safety, FAA, New York ACO, [Docket No. FAA–2011–0045] 600–2B19 MRM. The initial compliance 1600 Stewart Avenue, Suite 410, Westbury, times for the task start at the applicable time Proposed Legal Interpretation specified in paragraphs (i)(1) and (i)(2) of this New York 11590; telephone: (516) 228–7300; AD. Doing an inspection required by fax: (516) 794–5531. Before using any AGENCY: Federal Aviation paragraph (i) of this AD terminates the approved AMOC, notify your appropriate Administration (FAA). principal inspector, or lacking a principal requirements of paragraph (g) of this AD. ACTION: Proposed interpretation. (1) For airplanes that have accumulated inspector, the manager of the local flight standards district office/certificate holding 10,500 total flight cycles or less as of the SUMMARY: The FAA is considering district office. The AMOC approval letter effective date of this AD: Before the clarifying prior legal interpretations accumulation of 12,000 total flight cycles. must specifically reference this AD. (2) Airworthy Product: For any requirement regarding pilot in command discretion (2) For airplanes that have accumulated under 14 CFR 121.547(a)(3) and (a)(4). more than 10,500 total flight cycles as of the in this AD to obtain corrective actions from effective date of this AD: Within 1,500 flight a manufacturer or other source, use these DATES: Comments must be received on cycles after the effective date of this AD, or actions if they are FAA-approved. Corrective or before July 31, 2012. at the next scheduled inspection interval for actions are considered FAA-approved if they ADDRESSES: You may send comments AWL Number 53–61–153, whichever occurs are approved by the State of Design Authority identified by Docket Number FAA– first. (or their delegated agent). You are required 2011–0045 using any of the following to assure the product is airworthy before it (j) No Alternative Actions or Intervals is returned to service. methods: After accomplishing the revisions required Federal eRulemaking Portal: Go to by paragraph (i) of this AD, no alternative (l) Related Information http://www.regulations.gov and follow actions (e.g., inspections) or intervals may be Refer to MCAI Canadian Airworthiness the online instructions for sending your used other than those specified in Canadair Directive CF–2011–30, dated August 11, comments electronically.

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Mail: Send comments to Docket Interpretation from Donald P. Byrne to navigator, that person becomes a Operations, M–30; U.S. Department of James W. Johnson (May 9, 2003). In flightcrew member. See 14 CFR § 1.1 Transportation, 1200 New Jersey order to qualify as deadhead (defining a flightcrew member as ‘‘[A] Avenue SE., Room W12–140, West transportation, the transportation (1) pilot, flight engineer, or flight navigator Building Ground Floor, Washington, DC Cannot be local in character, (2) must be assigned to duty in an aircraft during 20590–0001. required of the flightcrew member by flight time.’’). As such, the total block- Hand Delivery or Courier: Bring the air carrier and, (3) must be arranged to-block time for the flight will accrue comments to Docket Operations in by the air carrier. See Legal towards the flight time limitations Room W12–140 of the West Building Interpretation 1992–48. Assuming that found in subpart R. Ground Floor at 1200 New Jersey all three of these qualifiers are met, an Avenue SE., Washington, DC, between individual assigned by a certificate II. Admission to the Flight Deck 9 a.m. and 5 p.m., Monday through holder to a flight, without being IPA’s request for interpretation raises Friday, except Federal holidays. assigned to any duties during that flight, two broad issues related to the Fax: Fax comments to Docket will be considered to be in deadhead application of § 121.547(a) which Operations at 202–493–2251. transportation. We caution, however, identifies the individuals who may be FOR FURTHER INFORMATION CONTACT: Sara that deadhead transportation is not admitted to the flight deck of an aircraft Mikolop, Attorney, Regulations considered part of a flightcrew operating under part 121 and the Division, Office of the Chief Counsel, member’s rest period under any of the conditions for such admission.3 The Federal Aviation Administration, 800 regulations governing flight time first issue we will address involves the Independence Avenue SW., limitations. See 14 CFR 121.471(f), identification of the appropriate Washington, DC 20591; telephone: 202– 121.491 and 121.519. provision within § 121.547(a) by which 267–3073. Although time spent in deadhead crewmembers and individuals in SUPPLEMENTARY INFORMATION: On May transportation is not included as part of deadhead transportation may be 12, 2010, the FAA received a request for a flightcrew member’s rest, it is also not admitted to the aircraft flight deck. The a legal interpretation from the included in calculations of flight time second issue we will address involves Independent Pilots Association (IPA) limitations for a flightcrew member the exercise of pilot in command (PIC) regarding the consequences of deadhead engaged in flag operations. Flight time discretion regarding the admission of transportation in connection with flight limitations for flightcrew members in certain individuals to the flight deck. time limitations for flag operations, and flag operations are found in subpart R of Regarding the first issue raised by the conditions for admission to an part 121. Subpart R, places limits on the IPA, crewmembers may be admitted to aircraft flight deck found in 14 CFR amount of time an individual may act or the flight deck pursuant to 121.547 and the United Parcel Service may be scheduled to act as a flightcrew § 121.547(a)(1) and individuals in Flight Operations Manual (UPS FOM). member for an air carrier. For purposes deadhead transportation may be We propose a three-part response to of determining compliance with the admitted to the flight deck pursuant to IPA’s inquiry. First, we will address the flight time limitations in subpart R, §§ 121.547(a)(3) or (a)(4). The regulation issues regarding deadhead flight time calculations are based on plainly states that only crewmembers transportation. Second, we will address total block-to-block time. See Legal may be admitted to the flight deck of an the issues regarding admission to the Interpretation 1997–20; Legal aircraft under the authority of flight deck, in which we propose to Interpretation 1990–27 (stating that the § 121.547(a)(1). As discussed earlier in clarify prior interpretations regarding language in § 121.483(a), ‘‘no carrier this proposed legal interpretation, an pilot in command discretion under 14 may schedule a pilot to fly * * *,’’ individual assigned to a flight as a CFR 121.547(a)(3) and (a)(4). Third, we prescribes a block-to-block limitation); crewmember cannot, at the same time, will address the issues regarding certain Legal Interpretation 1989–1 be assigned to deadhead transportation. provisions in the UPS FOM regarding (distinguishing ‘‘scheduled to fly’’ from admission to the flight deck. the term, ‘‘flight deck duty’’ (used in 3 Section 121.547(a) states: (a) No person may admit any person to the flight 1 subpart S) which means work as a I. Deadhead Transportation flightcrew member on the flight deck). deck of an aircraft unless the person being admitted An individual is considered to be in These flight time limitations can only is— deadhead transportation when an be violated when an individual acts or (1) A crewmember; (2) An FAA air carrier inspector, a DOD employing air carrier requires that is scheduled to act as a flightcrew commercial air carrier evaluator, or an authorized individual to ride as a passenger to a member for an air carrier. Thus, the time representative of the National Transportation Safety location at which he or she will serve during which one is assigned to Board, who is performing official duties; as a flightcrew member or from a deadhead transportation does not count (3) Any person who— location at which the individual was towards flight time limits because, in (i) Has permission of the pilot in command, an appropriate management official of the part 119 relieved from duty as a flightcrew order to be assigned to deadhead certificate holder, and the Administrator; and member to return to his home transportation, one cannot also be (ii) Is an employee of— station.2 See 14 CFR 121.471(f); Legal assigned to a flight as a flightcrew (A) The United States; or member. However, we must caution that (B) A part 119 certificate holder and whose duties 1 We assume for purposes of this proposed legal if a person in deadhead transportation are such that admission to the flightdeck is interpretation that all operations are conducted performs duty during the course of the necessary or advantageous for safe operation; or under the flag operating rules. Thus, the analysis of (C) An aeronautical enterprise certificated by the flight time limitations in this proposed legal flight as a pilot, flight engineer, or flight Administrator and whose duties are such that interpretation is limited to the current applicable admission to the flightdeck is necessary or flight time limitations found in subpart R of part 121.471(f) states, ‘‘Time spent in transportation, not advantageous for safe operation. 121. local in character, that a certificate holder requires (4) Any person who has the permission of the 2 14 CFR 121.471(f) (flight time limitations of a flight crewmember and provides to transport pilot in command, an appropriate management applicable to domestic operations) provides a the crewmember to an airport at which he is to official of the part 119 certificate holder and the description of deadhead transportation which is serve on a flight as a crewmember, or from an Administrator. Paragraph (a)(2) of this section does used in the same context throughout the part 121 airport at which he was relieved from duty to return not limit the emergency authority of the pilot in regulatory framework for domestic, flag and to his home station, is not considered part of a rest command to exclude any person from the flight supplemental flight time limitations. Section period.’’ deck in the interests of safety.

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Thus an individual assigned to (distinguishing a ‘‘pure’’ passengers, crew, cargo and aircraft deadhead transportation may not be §§ 121.547(a)(3) or (a)(4) situation as the during flight, we also hold air carriers admitted to the flight deck under only time the PIC has unfettered responsible for the safe conduct of all § 121.547(a)(1). discretion and stating that a ‘‘pure’’ aspects of their operations. See An individual in deadhead §§ 121.547(a)(3) or (a)(4) situation does generally 14 CFR part 121. But, limiting transportation may, however, be not exist when an individual’s presence air carriers’ ability to manage their admitted to the flight deck under 14 on the flight deck is required by another workforce, when there is no apparent CFR 121.547(a)(3) or (a)(4). Section rule (e.g., § 121.550 regarding secret risk to aviation safety, is outside the 121.547(a)(3) allows flight deck access service agents)). We based these scope of the agency’s safety oversight for employees of certain entities, interpretations on the rationale that a responsibilities. including employees of part 119 PIC’s safety authority would be The FAA’s interest is in promoting certificate holders, whose presence on undermined if his or her decision to safety and as such, we would be the flight deck is necessary or deny permission for certain people to concerned with any action by the carrier advantageous for safe operation. Thus, enter the flight deck in a §§ 121.547 that could reasonably impact the ability this provision could be used to allow (a)(3) or (a)(4) situation was challenged of the PIC to exercise his or her persons in deadhead transportation by his or her employer. See Legal authority to make a determination that access to the flight deck. Section Interpretation 2003–1 (indicating that access to the flight deck needs to be 121.547(a)(4) is more general than post flight disciplinary proceedings denied for the safety of the operation. § 121.547(a)(3) in that it applies to ‘‘any taken by an air carrier in a pure To that end, the agency presumption in person.’’ §§ 121.547(a)(3) or (a)(4) situation any investigation will be that the PIC The second broad issue raised by IPA interferes with the duties and acted appropriately. The FAA expects, involves the PIC’s exercise of discretion responsibilities required of a PIC by however, that the PIC will be able to regarding flight deck admission under regulation); Legal Interpretation from articulate a safety-related reason for § 121.547(a). This issue has been Joseph A. Conte to Brigitte Lakah denying access to the flight deck in discussed in prior legal interpretations (December 16, 2002) (stating that situations subject to §§ 121.547(a)(3) examining the PIC’s overall safety second-guessing a PIC’s decision to and (a)(4). responsibility, as well as the implication deny permission for certain people to of the PIC prior permission enter the flight deck would undermine III. United Parcel Service Flight requirements that appear in ‘‘[T]he safety underpinning for having a Operations Manual §§ 121.547(a)(3) and (a)(4) but not in ‘PIC-permission-provision’ in the The United Parcel Service Flight (a)(1) or (a)(2). regulations.’’); Legal Interpretation Operations Manual (UPS FOM) provides Individuals who may be admitted to 2001–7. for the UPS implementation of the flight deck under §§ 121.547(a)(1) The PIC bears the responsibility for § 121.547(a). See UPS FOM, and (a)(2) (i.e., crewmembers, FAA the safety of the passengers, crew, cargo Administration, Jumpseat Policies and inspectors, Department of Defense and aircraft during flight. See 14 CFR Procedures, 02–04, Priority Descriptions Commercial air carrier evaluators and 91.3 and 121.535(e)–(f). To that end, it (Rev No: 40, Rev Date: 08/31/10). The certain National Transportation Safety continues to be the PIC’s decision as to UPS FOM includes a list that describes Board representatives) serve a presumed whether there is a safety-related reason numerous categories of potential safety role and as such, are not subject for excluding from the flight deck an jumpseat occupants and provides a to the same prerequisites for admission individual eligible for admission under priority order for their carriage. See id. as those individuals identified in §§ 121.547(a)(3) or (a)(4). See e.g. Legal The categories of potential jumpseat §§ 121.547(a)(3) and (a)(4). In contrast Interpretation 2001–7 (identifying occupants include potential with §§ 121.547(a)(1) and (a)(2), numerous potential reasons for denying crewmembers and individuals in admission to the flight deck under admission to the flight deck in a deadhead transportation. See id. The either §§ 121.547(a)(3) or (a)(4) requires §§ 121.547(a)(3) or (a)(4) situation such UPS FOM identifies as ‘‘Priority 3A’’ prior permission from the PIC, the FAA as rough weather, distraction to jumpseat occupants, ‘‘UPS Administrator and an appropriate flightcrew, a complex operation crewmembers who have been provided management official of the certificate requiring heightened attention by the a commercial ticket for a deadhead, but holder. In promulgating §§ 121.547(a)(3) flightcrew, all of which are safety- elect to travel via the Company and (a)(4), the FAA has recognized a related). jumpseats instead * * *’’ See id. The legitimate need to allow individuals However, to the extent that prior legal UPS FOM identifies, ‘‘U.S. Government who do not fall within §§ 121.547(a)(1) interpretations state or simply imply couriers (U.S. Government employees and (a)(2) onto the flight deck. The FAA that air carriers have no ability to only), Loadmasters, UPS Maintenance has also recognized that this need for question a PIC in their employ regarding and Flight Operations personnel * * * flight deck access does not arise out of his or her decision to deny flight deck (Note)’’ as priority 3 jumpseat a presumed safety need. Accordingly, access to an individual for a reason that occupants. The ‘‘Note’’ referred to in the the PIC has greater latitude to deny an is not based on a safety concern, we priority 3 description further explains individual access to the flight deck believe the agency overstated its the priority 3 jumpseat occupants as under §§ 121.547 (a)(3) and (a)(4). position. Accordingly, we propose to follows: In prior legal interpretations, we rescind the relevant portions of those stated that the PIC permission provision prior legal interpretations. The FAA Note: Priority 3 UPS crewmember flight provides the PIC unfettered discretion believes that at an appropriate time and deck occupants are important to UPS flight whether to admit certain individuals to venue, air carriers must be able to operations. These priority 3 flight deck the flight deck under a §§ 121.547(a)(3) occupants are UPS-assigned other question why a PIC decided to exclude crewmembers and these on-duty or (a)(4) situation. See Legal certain individuals from the flight deck crewmembers will assist the operating crew Interpretation from Joseph A. Conte to when there was no apparent safety at the direction of the Captain during normal Brigitte Lakah (December 16, 2002); issue. and emergency operations. These duties Legal Interpretation 2001–7. But see While, as we have stated above, the enhance the security and safety of the flight Legal Interpretation 2003–1 PIC is responsible for the safety of the operation; thus, these crewmembers gain

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admission to the flight deck under FAR this individual may gain access to the I. Comments Invited 121.547 (a)(1). As a result, the Captain’s flight deck with the approvals described Interested parties are invited to discretion, regarding these other in §§ 121.547(a)(3) or (a)(4). crewmembers, is not unfettered. The participate in this proposed rulemaking exclusion of these crewmembers from the Issued in Washington, DC, on May 24, by submitting such written data, views, flight deck requires that the Captain has a 2012. or arguments as they may desire. compelling explanation, which is valid only Rebecca B. MacPherson, Comments that provide the factual basis if an emergency situation exists whereby the Assistant Chief Counsel for Regulations, supporting the views and suggestions presence of these crewmembers is not in the AGC–200. presented are particularly helpful in interests of aviation safety. [FR Doc. 2012–13290 Filed 5–31–12; 8:45 am] developing reasoned regulatory See id. Based on the note associated BILLING CODE 4910–13–P decisions on the proposal. with the description of individuals identified for priority 3 status by the II. Background UPS FOM, it appears that UPS intends DEPARTMENT OF THE INTERIOR The Indian Gaming Regulatory Act for loadmasters and UPS maintenance (IGRA or Act), Public Law 100–497, 25 and flight operations personnel to be National Indian Gaming Commission U.S.C. 2701 et seq., was signed into law assigned to perform duties during flight on October 17, 1988. The Act and therefore meet the definition of 25 CFR Part 543 establishes the NIGC and sets out a crewmembers. It is possible that these comprehensive framework for the individuals meet the definition of RIN 3141–AA27 regulation of gaming on Indian lands. ‘‘crewmember’’ if they are ‘‘assigned to Minimum Internal Control Standards On January 5, 1999, the NIGC published perform duty in an aircraft during flight a final rule in the Federal Register time.’’ See 14 CFR 1.1. See e.g. Legal AGENCY: National Indian Gaming called Minimum Internal Control Interpretation 1986–12 (stating that if a Commission. Standards. 64 FR 590. The rule added mechanic employee of an air carrier is ACTION: Proposed rule. a new part to the Commission’s assigned duty during flight time, then regulations establishing Minimum the mechanic is a ‘‘crewmember’’ and SUMMARY: The National Indian Gaming Internal Control Standards (MICS) to may ride in the jumpseat pursuant to Commission (NIGC) proposes to amend reduce the risk of loss because of § 121.547(a)(1)). It is also possible that its minimum internal control standards customer or employee access to cash some individuals could meet the for Class II gaming under the Indian and cash equivalents within a casino. definition of flightcrew member Gaming Regulatory Act to reorder the The rule contains standards and depending on their airman sections, delete commonly understood procedures that govern cash handling, qualifications and the type of duty definitions, add and amend existing documentation, game integrity, assigned, thus triggering the flight time definitions; amend the term ‘‘variance’’ auditing, surveillance, and variances, as limitations in Subpart R.4 For purposes as it applies to establishing an alternate well as other areas. of evaluating compliance with minimum standard; amend the bingo, The Commission recognized from § 121.547(a), the priority descriptions in pull-tab, information and technology their inception that the MICS would the UPS FOM are not determinative. A sections to reflect technological require periodic review and updates to determination as to whether a jumpseat advances; delete references to keep pace with technology, and has occupant meets the definition of ‘‘unrestricted player accounts’’; and amended them three times since: June crewmember or flightcrew member for a consolidate the revenue audit and audit 27, 2002 (67 FR 43390), August 12, 2005 particular operation would have to be and accounting procedures into their (70 FR 47108), and October 10, 2008 (73 made on a case-by-case basis because respective sections. FR 60498). In addition to making the language in the UPS FOM does not DATES: Submit comments on or before updates to account for advances in provide sufficient detail to make a July 31, 2012. technology, the 2008 MICS also blanket determination. If a particular ADDRESSES: included part 543 and began the process jumpseat occupant meets the definition You may submit comments by any one of the following methods, of relocating all Class II controls into of flightcrew member or crewmember that part. These MICS do not classify then this individual would gain however, please note that comments sent by electronic mail are strongly games as Class II or Class III; rather, they admission to the flight deck under provide minimum controls for gaming § 121.547(a)(1). If it is determined that a encouraged. D Email comments to: that is assumed to be Class II. particular individual seeking admission On November 18, 2010, the NIGC to the flight deck has been assigned to [email protected]. D issued a Notice of Inquiry and Notice of the flight for purposes of deadhead Mail comments to: National Indian Gaming Commission, 1441 L Street Consultation (NOI) advising the public transportation, with the intent that he or that the NIGC was conducting a she travel primarily as a passenger, then NW., Suite 9100, Washington, DC 20005. comprehensive review of its regulations D and requesting public comment on 4 14 CFR 121.385(a) provides the regulatory Hand deliver comments to: 1441 L Street NW., Suite 9100, Washington, DC which of its regulations were most in framework for required crewmembers. It states, ‘‘No need of revision, in what order the certificate holder may operate an airplane with less 20005. than the minimum flight crew in the airworthiness D Fax comments to: National Indian Commission should review its certificate or the Airplane Flight Manual (AFM) Gaming Commission at 202–632–0045. regulations, and the process NIGC approved for that type airplane and required by this should utilize to make revisions. 75 FR part for the kind of operation being conducted.’’ To FOR FURTHER INFORMATION CONTACT: the extent that a certificate holder assigns a 70680 (Nov. 18, 2010). On April 4, 2011, National Indian Gaming Commission, after consulting with tribes and deadheading individual, flightcrew member or 1441 L Street NW., Suite 9100, crewmember to a particular operation and that reviewing all comments, NIGC individual is not required for the operation by the Washington, DC 20005. Telephone: published a Notice of Regulatory aircraft type certificate, operating regulations or 202–632–7009; email: Review Schedule (NRR) setting out a AFM, the FAA would not view that individual as [email protected]. a ‘‘required crewmember’’ for purposes of consultation schedule and process for compliance with 14 CFR 121.385(a). SUPPLEMENTARY INFORMATION: review. 76 FR 18457. The Commission’s

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regulatory review process established a appropriate and sufficiently detailed to Commission declines to incorporate a tribal consultation schedule with a be implemented by tribes. severability clause in the proposed rule. description of the regulation groups to Additionally, some commenters Though the presence of severability be covered at each consultation. This requested that NIGC reference IRS clause may give some indication of an part 543 was included in this regulatory regulations when establishing validation agency’s intent regarding the review. and verification thresholds throughout severability of its regulations, this part. Although the thresholds are ‘‘severability clauses * * * are not III. Development of the Proposed Rule the same in both the MICS and in IRS conclusive.’’ Canterbury Liquors v. The Commission consulted with reporting requirements, the relationship Sullivan, 999 F. Supp. 144 (D.MA. tribes as part of its review of part 543. is merely one of convenience for the 1994). When interpreting a regulation, In response to comments received, the operations. The intent of the thresholds ‘‘the ultimate determination of Commission appointed a Tribal in the MICS would be unaffected by any severability will rarely turn on the Advisory Committee (TAC) to review prospective change in IRS regulations. presence or absence of such a clause.’’ and recommend changes to part 543. Moreover, referencing another agency’s Community for Creative Non-violence v. The TAC submitted its regulations could create unnecessary Turner, 893 F. 2d 1387 (D.C. Cir. 1990), recommendations for part 543 on jurisdictional confusion. For these citing United States v. Jackson, 390 U.S. February 14, 2012. reasons, the Commission declines to 570, 585 n. 27 (1968). The Commission developed a reference IRS regulations in the The Commission declines to include preliminary discussion draft based upon proposed rule. a severability clause in this regulation recommendations from current and Finally, some commenters noted because it believes that the regulations previous TACs, NIGC staff and subject inconsistent language and use of the are not so intertwined that striking one matter experts. The Commission supervision provisions throughout the provision would necessarily always proposed rule. The Commission has published the preliminary draft on its require invalidation of the entire part, revised each section accordingly, with Web site on March 16, 2012, and and the lack of a severability clause will the exception of the information and requested that all comments from the not compel a court’s finding on the technology section, which requires public be provided to the Agency by issue. additional detailed controls and April, 27, 2012. The Commission segregation of duties because C. Small Operations consulted with tribes on the discussion information and technology flows across draft in Mayetta, Kansas, on March 22, Commenters requested clarification all departments. 2012, and San Diego, California, on that the charitable gaming operations April 5, 2012. B. Interpretive Provisions described in 543.4 are not limited to Part 543 addresses minimum internal Commenters suggested adding three those with a 501(c)(3) designation. The control standards (MICS) for Class II interpretive provisions to § 543.3. First, Commission agrees that it does not gaming operations. The regulations commenters requested that the intend to limit the definition of require tribes to establish controls and Commission include a provision stating charitable organizations to those with a implement procedures at least as that nothing in this part is intended to 501(c)(3) designation. For purposes of stringent as those described in this part limit technology. The Commission the MICS, an organization is charitable to maintain the integrity of the gaming agrees that nothing in this part is if the regulating tribe recognizes it as operation and minimize the risk of theft. intended to limit technology, but such. The MICS were last amended in 2009, believes that such a provision is Nevertheless, the comment prompted in the first phase of a multi-phase properly located in the technical close review of the charitable process of revising the MICS and standards rather than control standards. organization exception. The separating Class II and III controls. This The Commission invites further Commission invites comment on proposed rule furthers that multi-phase comment on specific ways in which the whether there is a practical difference or process and includes amendments to MICS may inadvertently limit benefit for distinguishing charitable update the MICS to reflect widespread technology. operations from other small operations, technological advances in the industry. Next, commenters recommended that or whether the small operation provision sufficiently covers all A. General Comments the Commission include a section specifying that only applicable control operations, charitable or not, with less Commenters generally stated that the standards apply. The Commission than $3 million in gross gaming discussion draft is an improvement over agrees and has changed § 543.3(b) of this revenue. the current MICS. Some commenters proposed rule to require TGRAs to D. Alternate Minimum Standard noted that these regulations provide ensure that ‘‘TICS are established and tribes with more flexibility than the implemented that provide a level of Except when a TGRA institutes a existing MICS or the 2010 proposal, but control that equals or exceeds the stricter standard than those contained in many stated that part 543 should be applicable standards set forth in this this part, if a TGRA wishes to use a drafted to provide even more flexibility part.’’ (emphasis added). If a standard is different standard, it may submit a to tribal regulators and gaming not applicable, a TGRA need not request to the Chair for approval of an operations. Commenters suggested establish or implement TICS for it and alternate minimum standard. The removing the procedural requirements there will be no standard to apply. discussion draft differed in terminology, and measuring compliance by the extent Finally, some commenters advocated referring to an ‘‘alternate control to which tribes have successfully for the inclusion of a severability clause standard.’’ Several commenters achieved a regulatory standard, rather to ensure that, should a court conclude expressed confusion over what is meant than the extent to which tribes have that any part of this regulation is by an alternate control standard. In followed step-by-step procedures in the invalid, such invalidity will not affect response, the Commission revised the MICS. The Commission declines to take the rest of the part. Although a terminology to clarify that there is no this approach, and believes that the severability clause appears in the need to seek approval from the Chair standards set forth in this part are both current technical standards, the where a TGRA desires to implement

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standards that exceed the level of tournament play and regular card room Because the player tracking and control described in these MICS. operations. One commenter suggested gaming promotions standards found in that promotional and non-promotional this proposed rule require game play to E. Bingo funds should be treated in the same become eligible for the rewards, the Many comments expressed concern way. The Commission disagrees. In Commission has concluded that they that the discussion draft separated Class promotional play, the operation relate to gaming activities and are II gaming systems from manual bingo. becomes the custodian of the entry fees; within the scope of its authority. The Commission agrees with these in regular play, the players maintain I. Complimentary Items commenters that ‘‘bingo is bingo’’ and control of their chips, which they may there is no need to separate them. For exchange for value at any point. The Commenters have also recommended these reasons, the controls for bingo custodial relationship is not present in deletion of the complimentary service or appear as a consolidated section regular card play and, therefore, the items (comps) section because they (§ 543.8) in the proposed rule. controls need not be as stringent. The believe that it is not directly related to Additionally, commenters suggested need for stricter standards in gaming and therefore outside of the that the definition of ‘‘agent’’ should be promotional play is also the reason for Commission’s authority. However, like expanded to allow computer the difference in rule posting player tracking rewards, comps are applications to perform the functions of requirements (§§ 543.10(f) and awarded to induce gaming at the an agent. The only provision cited in 543.10(g)(5)) cited by one commenter. operation and are awarded based upon support of this suggestion was Another commenter expressed gaming activity. Comps are also a high § 543.7(d)(3–4), which inadvertently concern that the standards may allow risk area for gaming operations if not required two agents to verify and the card room to be unsupervised. At adequately controlled, but, unlike validate every gaming system payout. this time, the Commission has chosen player tracking rewards, comps are often The proposed rule corrects the language not to revise the standard because it is granted based on agent discretion. in § 543.7(d) to provide that the system intended to be a minimum. Accordingly, the Commission declines may serve as one validator and verifier Nevertheless, the Commission to delete the comps section from the for manual payouts and the sole verifier acknowledges the concern and requests proposed rule. and validator for automatic payouts. further comment on whether further Further, § 543.3(e) states that ‘‘for any J. Patron Deposit Accounts amendments to this section are computer applications utilized, necessary. The proposed rule makes two alternate documentation or procedures corrections as a result of comments that provide at least the level of control H. Player Tracking, Gaming Promotions, received. First, it resolves a discrepancy established by the standards of this part, and Complimentary Items between the smart card definition and as approved by the TGRA, will be Commenters inquired why player the patron deposit account standards by acceptable.’’ Therefore, the Commission tracking and gaming promotions were eliminating the definitional requirement declines to revise the definition of agent combined into one section. The that smart cards be the only source of at this time, but invites comment on discussion draft and this proposed rule account data. Second, it no longer lists whether additional uses of the term combined the sections because player ‘‘adjustments’’ as an example of a agent may warrant amendment of the tracking and gaming promotions are change that patrons may make to their definition. both high risk areas in the gaming account. Additionally, to clarify one commenter’s concerns, personal F. Pull Tabs industry that offer players awards based identification numbers continue to be The Commission received very few upon gaming activity and a predetermined rule structure. The acceptable forms of identification under comments on the pull tabs section, but § 543.14(b)(1), despite the deletion of one commenter expressed concern that Commission also notes that the two activities are often interrelated, the specific reference to them. the defacing requirement and kiosk Some commenters suggested adding particularly when a player’s game play definition would prevent barcoded pull standards for unrestricted player deposit tracking information is used to tabs from being redeemed at kiosks. The accounts, but the Bank Secrecy Act determine eligibility for gaming Commission revised the definition of prohibits access to accounts without promotions. kiosk in the proposed rule to some form of identification. Therefore, specifically include machines with the Many commenters recommended the proposed rule does not reference capability to redeem and reconcile pull deleting the standards for player unrestricted accounts. tabs, if those machines also perform the tracking and gaming promotions, stating routine functions of a kiosk, such as that they are non-gaming activities. The K. Lines of Credit accepting and generating cash-out Commission disagrees. Gaming The Commission received few tickets and gaming credits. Further, the promotions, as defined in the proposed comments relating to lines of credit. Commission is not limiting technology rule, require game play as a condition of One commenter noted that the TAC to the barcode-reading machines eligibility. For example, the promotions recommended deleting this section. referenced in the comment, but has standards are not applicable to the type Some operations issue lines of credit for included a provision that allows for of promotion in which a patron drops a gaming, and others, during consultation, kiosks to redeem and reconcile uniquely free card into a tumbler drawing. The have mentioned that they have plans to identified pull tabs (up to $600) without promotions at issue are directly related issue lines of credit in the future. The the need for defacing, so long as the tabs to gaming activity and are, therefore, Commission invites additional are secured and destroyed after removal within the scope of the Commission’s comments on why this section is from the kiosk in accordance with authority to establish Class II MICS. unnecessary. procedures approved by the TGRA. Further, although player tracking systems may be useful for gathering L. Drop and Count G. Card Games other customer data, their primary Many commented generally that the The card games section contains purpose is to track game play and issue section is too procedural and it should standards for both promotional rewards based upon that play. be one, streamlined standard instead of

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separated by game. The Commission sections address the controls for those notes that this timeframe was adopted agrees that this section is more programs generally, but the provisions from Tribal Gaming Working Group procedural than others. Drop and count in the cage section are specific to the guidance and invites further comment is, however, a process, which differs by handling of those types of transactions on why the Commission should adopt a game. by the cage. One commenter suggested different retention period. In response to comments received, the that the kiosk section is unnecessary. One commenter also objected to the proposed rule contains several edits The Commission disagrees. Kiosks definition of sufficient clarity, noting from the preliminary draft. First, all function as automated cashiers. that it may unintentionally prohibit the references to ‘‘soft count’’ have been Therefore, controls are necessary to use of technology that does not use stricken and the section references only ensure kiosks’ integrity. frames. The Commission appreciates a generic ‘‘count.’’ Next, physical access this comment and is interested in to the count room in § 543.17(b) has N. Information and Technology learning more about the specific types of been expanded to ‘‘count team agents, In response to comments, the surveillance technology that may be designated staff, and other authorized Commission reviewed the use of the excluded by requiring 20 frames per persons.’’ This change is intended to terms ‘‘personnel’’ and ‘‘agents’’ in this second, and whether inclusion of the allow access for regulators, independent section, and extended the independence phrase ‘‘or equivalent recording speed’’ auditors, and emergency staff that are provision to all agents, rather than the would sufficiently address any potential not ‘‘agents’’ of the operation. Similarly, personnel of the gaming operation. limitations on technology. emergency access to stored full financial Commenters also requested clarification Finally, a commenter suggested that instrument storage components was on the reference to ‘‘systems’’ in the the MICS should specifically require expanded to authorized ‘‘persons’’ for physical and logical security provisions. documentation of training and addressing an emergency situation The Commission agrees that ‘‘systems’’ surveillance coverage of the bingo because fire department or other might be confused with Class II gaming board. The Commission appreciates emergency responders may not systems, and has clarified the provisions these concerns. TGRAs may include necessarily be personnel of the gaming by adding the following definition of such standards as appropriate. With operation. systems to the information technology regard to surveillance of bingo boards, Some comments suggested using one section: ‘‘As used in this section only, the Commission believes that risks are term for both financial instrument a system is any computerized system adequately reduced by the information storage components and drop boxes. that is essential to the gaming technology section and part 547 Although they serve the same purpose, environment. This includes, but is not technical standards (for gaming system financial instrument storage limited to, the server and peripherals for bingo and electronic card minders) and components are an industry term Class II gaming systems, accounting, the presence of a physical card (for specific to player interfaces, while drop surveillance, essential phone systems, manual bingo). boxes are specific to card tables. and door access and warning systems.’’ P. Audit and Accounting and Revenue Applying either of the terms universally A commenter also suggested deleting Audit could create confusion. Additionally, the annual requirement for testing one commenter was concerned that the recovery procedures. The Commission Several commenters requested that terms ‘‘financial instrument storage disagrees, and notes that removing the the rule replace ‘‘Commission’’ with component’’ and ‘‘bill-in meter’’ may phrase would not change the standard, ‘‘TGRA’’ as the entity responsible for limit the use of particular technologies. because an independent auditor citing instances of noncompliance in The Commission is interested in hearing conducts yearly reviews to determine § 543.23(c)(8). The Commission declines what specific technologies this may whether each requirement has been met. to make this change, but agrees that it limit and potential alternative terms. is entirely appropriate to add the TGRA, Finally, one comment suggested that, O. Surveillance and has done so in the proposed rule. for operations that do not designate a Several commenters questioned the Some commenters requested that we supervisory count team member, a need for surveillance of a bingo server, clarify the requirement to record journal supervisor from the department particularly where the server is located entries by independent accountants, receiving the drop proceeds should be in a secure physical location with stating that independent accountants do able to verify them. The Commission controlled access. The Commission not keep journal entries. The disagrees, and notes that doing so would agrees that requiring surveillance of a Commission disagrees. Independent contravene the intent of § 543.17(f)(14), bingo server may be impractical, and CPAs regularly prepare what are which requires that the receiving agents that the controls in the information and referred to as ‘‘audit entries.’’ They also have no knowledge of the drop proceeds technology section are adequate sometimes prepare ‘‘closing entries.’’ total before it is verified, and that the minimums to protect against tampering Audit entries and closing entries are drop proceeds are not transferred with with a device and its software. specific types of journal entries that are their documentation. Specifically, the Commission points to encompassed by the requirement of the physical security standards in § 543.23(b)(2)(iii). Further, when M. Cage, Vault, Kiosk, Cash and Cash § 543.20(e), the logical security ‘‘independent accountant’’ refers to an Equivalents standards in § 543.20(f), the user outsourced accountant or accounting This section describes the standards controls in § 543.20(g), and the remote firm, the person or firm will prepare and documentation requirements for access controls in § 543.20(i). Therefore, journal entries for posting to the records securing and issuing money from the the Commission has deleted the bingo in the same manner as accountants cage. Some comments advised that the server surveillance requirement from employed by the operation. provisions addressing patron deposit the proposed rule. Finally, one commenter requested accounts and gaming promotions should One commenter expressed concern clarification about whether a call to the be moved to their respective sections. that the one-year retention period for TGRA to schedule a test of the currency The proposed rule does not incorporate surveillance footage of suspected counter would constitute an improper this suggested change because the crimes, suspicious activity, and security ‘‘announcement’’ of the test. A patron deposit and gaming promotion detentions is arbitrary. The Commission scheduling call to a regulatory body,

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particularly in cases where the test may Paperwork Reduction Act Authority: 25 U.S.C. 2702(2), 2706(b)(1–4), 2706(b)(10). be performed by that same regulatory The information collection body, does not constitute an improper requirements contained in this proposed § 543.1 What does this part cover? announcement under the currency rule were previously approved by the This part establishes the minimum counter testing provision. Office of Management and Budget internal control standards for the Regulatory Matters (OMB) as required by 44 U.S.C. 3501 et conduct of Class II games on Indian seq. and assigned OMB Control Number lands as defined in 25 U.S.C. 2701 et Regulatory Flexibility Act 3141– 0012, which expired in August of seq. The proposed rule will not have a 2011. The NIGC published a notice to significant impact on a substantial reinstate that control number on April § 543.2 What are the definitions for this number of small entities as defined 25, 2012. 77 FR 24731. There is no part? under the Regulatory Flexibility Act, 5 change to the paperwork created by this The definitions in this section apply U.S.C. 601, et seq. Moreover, Indian amendment. to all sections of this part unless otherwise noted. Tribes are not considered to be small Text of the Proposed Rules entities for the purposes of the Accountability. All financial Regulatory Flexibility Act. For the reasons discussed in the instruments, receivables, and patron Preamble, the Commission proposes to deposits constituting the total amount Small Business Regulatory Enforcement amend the text of its regulations at 25 for which the bankroll custodian is Fairness Act CFR Part 543 to read as follows: responsible at a given time. The proposed rule is not a major rule Agent. A person authorized by the PART 543—MINIMUM INTERNAL under 5 U.S.C. 804(2), the Small gaming operation, as approved by the CONTROL STANDARDS FOR CLASS II Business Regulatory Enforcement TGRA, to make decisions or perform GAMING Fairness Act. The rule does not have an assigned tasks or actions on behalf of effect on the economy of $100 million the gaming operation. Sec. Automatic payout. Payment issued by or more. The rule will not cause a major 543.1 What does this part cover? 543.2 What are the definitions of this part? a machine. increase in costs or prices for Cage. A secure work area within the consumers, individual industries, 543.3 How do tribal governments comply with this part? gaming operation for cashiers, which Federal, State, local government may include a storage area for the agencies or geographic regions, nor will 543.4 Does this part apply to small and charitable gaming operations? gaming operation bankroll. the proposed rule have a significant 543.5 How does a gaming operation apply Chair. The Chair of the National adverse effect on competition, to use an alternate control standard from Indian Gaming Commission. employment, investment, productivity, those set forth in this part? Cash equivalents. Documents, innovation, or the ability of the 543.6 [Reserved] financial instruments other than cash, or enterprises, to compete with foreign 543.7 [Reserved] anything else of representative value to based enterprises. 543.8 What are the minimum internal control standards for bingo? which the gaming operation has Unfunded Mandate Reform Act 543.9 What are the minimum internal assigned a monetary value. A cash control standards for pull tabs? equivalent includes, but is not limited The Commission, as an independent 543.10 What are the minimum internal to, tokens, chips, coupons, vouchers, regulatory agency, is exempt from control standards for card games? payout slips and tickets, and other items compliance with the Unfunded 543.11 [Reserved] to which a gaming operation has Mandates Reform Act, 2 U.S.C. 1502(1); 543.12 What are the minimum internal assigned an exchange value. 2 U.S.C. 658(1). control standards for gaming promotions Cashless system. A system that and player tracking systems? performs cashless transactions and Takings 543.13 What are the minimum internal control standards for complimentary maintains records of those cashless In accordance with Executive Order transactions. 12630, the Commission has determined services or items? 543.14 What are the minimum internal Chips. Cash substitutes, in various that the proposed rule does not have control standards for patron deposit denominations, issued by a gaming significant takings implications. A accounts and cashless systems? operation. takings implication assessment is not 543.15 What are the minimum internal Class II game. Class II gaming has the required. control standards for lines of credit? same meaning as defined in 25 U.S.C. 543.16 [Reserved] Civil Justice Reform 2703(7)(A). 543.17 What are the minimum internal Class II gaming system. All In accordance with Executive Order control standards for drop and count? components, whether or not technologic 12988, the Commission has determined 543.18 What are the minimum internal control standards for the cage, vault, aids in electronic, computer, that the proposed rule does not unduly kiosk, cash and cash equivalents? mechanical, or other technologic form, burden the judicial system and meets 543.19 [Reserved] that function together to aid the play of the requirements of sections 3(a) and 543.20 What are the minimum internal one or more Class II games, including 3(b)(2) of the Order. control standards for information accounting functions mandated by these technology and information technology National Environmental Policy Act regulations or part 547 of this chapter. data? Commission. The National Indian The Commission has determined that 543.21 What are the minimum internal Gaming Commission, established by the the proposed rule does not constitute a control standards for surveillance? Indian Gaming Regulatory Act, 25 major federal action significantly 543.22 [Reserved] 543.23 What are the minimum internal U.S.C. 2701 et seq. affecting the quality of the human control standards for audit and Count. The act of counting and environment and that no detailed accounting? recording the drop and/or other funds. statement is required pursuant to the 543.24 What are the minimum internal Also, the total funds counted for a National Environmental Policy Act of control standards for revenue audit? particular game, player interface, shift, 1969, 42 U.S.C. 4321, et seq. 543.25—543.49 [Reserved] or other period.

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Count room. A secured room location Marker. A document, signed by the standards specifically designed to create where the count is performed in which patron, promising to repay credit issued a system of checks and balances to the cash and cash equivalents are by the gaming operation. safeguard the integrity of a gaming counted. MICS. Minimum internal control operation and protect its assets. Dedicated camera. A video camera standards in this part. Tier A. Gaming operations with that continuously records a specific Network communication equipment. annual gross gaming revenues of more activity. A device or collection of devices that than $3 million but not more than $8 Drop proceeds. The total amount of controls data communication in a million. financial instruments removed from system including, but not limited to, Tier B. Gaming operations with drop boxes and financial instrument cables, switches, hubs, routers, wireless annual gross gaming revenues of more storage components. access points, landline telephones and than $8 million but not more than $15 Drop box. A locked container in cellular telephones. million. which cash or cash equivalents are Patron. A person who is a customer Tier C. Gaming operations with placed at the time of a transaction. or guest of the gaming operation and annual gross gaming revenues of more Exception report. A listing of may interact with a Class II game. Also than $15 million. occurrences, transactions or items that may be referred to as a ‘‘player.’’ TGRA. Tribal gaming regulatory fall outside a predetermined range of Patron deposit account. An account authority which is the entity authorized acceptability. maintained on behalf of a patron, for the by tribal law to regulate gaming Financial instrument. Any tangible deposit and withdrawal of funds for the conducted pursuant to the Indian item of value tendered in Class II game primary purpose of interacting with a Gaming Regulatory Act. play, including, but not limited to bills, gaming activity. TICS. Tribal Internal Control coins, vouchers, and coupons. Player interface. Any component(s) of Standards. Gaming promotion. Any promotional a Class II gaming system, including an Vault. A secure area where cash and activity or award that requires game electronic or technological aid (not cash equivalents are stored. play as a condition of eligibility. limited to terminals, player stations, Generally Accepted Accounting handhelds, fixed units, etc.), that § 543.3 How do tribal governments comply Principles (GAAP). A widely accepted directly enables player interaction in a with this part? set of rules, conventions, standards, and Class II game. (a) Minimum standards. These are procedures for reporting financial Prize payout. Payment to a player minimum standards and a TGRA may information, as established by the associated with a winning or qualifying establish and implement additional Financial Accounting Standards Board event. controls that do not conflict with those (FASB), including, but not limited to, Promotional progressive pots and/or set out in this part. the standards for casino accounting pools. Funds contributed to a game by (b) TICS. TGRAs must ensure that published by the American Institute of and for the benefit of players that are TICS are established and implemented Certified Public Accountants (AICPA). distributed to players based on a that provide a level of control that Generally Accepted Auditing predetermined event. equals or exceeds the applicable Standards (GAAS). A widely accepted Shift. A time period, unless otherwise standards set forth in this part. set of standards that provide a measure approved by the tribal gaming (1) Evaluation of Existing TICS. Each of audit quality and the objectives to be regulatory authority, not to exceed 24 TGRA must, in accordance with the achieved in an audit, as established by hours. tribal gaming ordinance, determine the Auditing Standards Board of the Shill. An agent financed by the whether and to what extent their TICS American Institute of Certified Public gaming operation and acting as a player. require revision to ensure compliance Accountants (AICPA). Smart card. A card with embedded with this part. Governmental Accounting Standards integrated circuits that possesses the (2) Compliance Date. All changes Board (GASB). Generally accepted means to electronically store or retrieve necessary to ensure compliance with accounting principles used by state and account data. this part must be promulgated within local governments. Sufficient clarity. The capacity of a twelve months of the effective date of Independent. The separation of surveillance system to record images at this part and implemented at the functions to ensure that the agent or a minimum of 20 frames per second and commencement of the next fiscal year. process monitoring, reviewing, or at a resolution sufficient to clearly At the discretion of the TGRA, gaming authorizing the controlled activity, identify the intended activity, person, operations may have an additional six function, transaction is separate from object, or location. months to come into compliance with the agents or process performing the Surveillance operation room(s). The the TICS. controlled activity, function, secured area(s) where surveillance takes (c) SICS. Each gaming operation must transaction. place and/or where active surveillance develop and implement a SICS that, at Kiosk. A device capable of accepting equipment is located. a minimum, comply with the TICS. or generating wagering or cash-out Surveillance system. A system of (1) Existing gaming operations. All tickets and/or wagering credits, and may video cameras, monitors, recorders, gaming operations that are operating on be capable of initiating electronic video printers, switches, selectors, and or before the effective date of this part, transfers of money to or from a customer other ancillary equipment used for must comply with this part within the account. Kiosks may also be capable of surveillance. time requirements established in redeeming and reconciling pull tabs. System of Internal Controls (SICS). An paragraph (b) of this section. In the Lines of credit. The privilege granted overall operational framework for a interim, such operations must continue by a gaming operation to a patron to gaming operation that incorporates to comply with existing TICS. (1) defer payment of debt or (2) to incur principles of independence and (2) New gaming operations. All debt and defer its payment under segregation of function, and is gaming operations that commence specific terms and conditions. comprised of written policies, operations after the effective date of this Manual payout. Hand payment to a procedures, and standard practices part must comply with this part before player. based on overarching regulatory commencement of operations.

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(d) Variances. Where referenced (3) The TGRA develops, and the approval requirement set forth in throughout this part, the TGRA must set operation complies with, alternate paragraph (a)(1) of this section. a reasonable threshold for when a procedures that: (b) Chair review. (1) The Chair may variance must be reviewed to determine (i) Protect the integrity of games approve or object to an alternate the cause, and the results of the review offered; standard granted by a TGRA. must be documented and maintained. (ii) Safeguard the assets used in (2) Any objection by the Chair must (e) Computer applications. For any connection with the operation; and be in writing and provide reasons that computer applications utilized, (iii) Create, prepare and maintain the alternate standard, as approved by alternate documentation and/or records in accordance with Generally the TGRA, does not provide a level of procedures that provide at least the Accepted Accounting Principles. security or integrity sufficient to level of control established by the (b) Charitable gaming operations. This accomplish the purpose of the standard standards of this part, as approved in part does not apply to charitable gaming it is to replace. writing by the TGRA, will be acceptable. operations provided that: (3) If the Chair fails to approve or (f) Determination of tier. (1) The (1) All proceeds are for the benefit of object in writing within 60 days after determination of tier level will be made a charitable organization; the date of receipt of a complete based upon the annual gross gaming (2) The TGRA permits the charitable submission, the alternate standard is revenues indicated within the gaming organization to be exempt from this considered approved by the Chair. The operation’s audited financial statements. part; Chair may, upon notification to the (2) Gaming operations moving from (3) The charitable gaming operation is TGRA, extend this deadline an one tier to another will have nine operated wholly by the charitable additional 60 days. months from the date of the organization’s agents; (4) No alternate standard may be independent certified public (4) The annual gross gaming revenue implemented until it has been approved accountant’s audit report to achieve of the charitable operation does not by the TGRA pursuant to paragraph compliance with the requirements of the exceed $3 million; and (a)(1) of this section or the Chair has new tier. The TGRA may extend the (5) The TGRA develops, and the approved it pursuant to paragraph (b)(1) deadline by an additional six months if charitable gaming operation complies of this section. written notice is provided to the with, alternate procedures that: (c) Appeal of Chair decision. A Commission no later than two weeks (i) Protect the integrity of the games Chair’s decision may be appealed before the expiration of the nine month offered; pursuant to 25 CFR Subchapter H. period. (ii) Safeguard the assets used in § 543.6 [Reserved] (g) Submission to Commission. Tribal connection with the gaming operation; regulations promulgated pursuant to and § 543.7 [Reserved] this part are not required to be (iii) Create, prepare and maintain submitted to the Commission pursuant records in accordance with Generally § 543.8 What are the minimum internal to § 522.3(b) of this chapter. Accepted Accounting Principles. control standards for bingo? (h) Enforcement of Commission MICS. (c) Independent operators. Nothing in (a) Supervision. Supervision must be (1) Each TGRA is required to establish this section exempts gaming operations provided as needed for bingo operations and implement TICS pursuant to conducted by independent operators for by an agent(s) with authority equal to or paragraph (b) of this section. Each the benefit of a charitable organization. greater than those being supervised. gaming operation is then required, (b) Bingo Cards. (1) Physical bingo pursuant to paragraph (c) of this section, § 543.5 How does a gaming operation card inventory controls must address apply to use an alternate minimum standard the placement of orders, receipt, storage, to develop and implement a SICS that from those set forth in this part? complies with the TICS. Failure to do so issuance, removal, and cancellation of may subject the tribal operator of the (a) TGRA approval. (1) A TGRA may bingo card inventory to ensure that: gaming operation, or the management approve an alternate standard from (i) The bingo card inventory can be contractor, to penalties under 25 U.S.C. those required by this part if it has accounted for at all times; and § 2713. determined that the alternate standard (ii) Bingo cards have not been marked, (2) Enforcement action by the will achieve a level of security and altered, or otherwise manipulated. Commission will not be initiated under integrity sufficient to accomplish the (2) Receipt from supplier. (i) When this part without first informing the purpose of the standard it is to replace. bingo card inventory is initially tribe and TGRA of deficiencies in the (2) For each enumerated standard for received from the supplier, it must be SICS of its gaming operation and which the tribal gaming regulatory inspected (without breaking the factory allowing a reasonable period of time to authority approves an alternate seals, if any), counted, inventoried, and address such deficiencies. Such prior standard, it must submit to the Chair secured by an authorized agent. notice and opportunity for corrective within 30 days a detailed report, which (ii) Bingo card inventory records must action are not required where the threat must include the following: include the date received, quantities to the integrity of the gaming operation (i) An explanation of how the received, and the name of the individual is immediate and severe. alternate standard achieves a level of conducting the inspection. security and integrity sufficient to (3) Storage. (i) Bingo cards must be § 543.4 Does this part apply to small and accomplish the purpose of the standard maintained in a secure location, charitable gaming operations? it is to replace; and accessible only to authorized agents, (a) Small gaming operations. This part (ii) The alternate standard as granted and with surveillance coverage adequate does not apply to small gaming and the record on which it is based. to identify persons accessing the storage operations provided that: (3) In the event that the TGRA or the area, (1) The TGRA permits the operation tribal government chooses to submit an (ii) For Tier A operations, bingo card to be exempt from this part; alternate standard request directly to the inventory may be stored in a cabinet, (2) The annual gross gaming revenue Chair for joint government to closet, or other similar area; however, of the operation does not exceed $3 government review, the TGRA or tribal such area must be secured and separate million; and government may do so without the from the working inventory.

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(4) Issuance and Returns of Inventory. independent agent who verified the (ii) For all games offering a prize (i) Controls must be established for the bingo cards returned to inventory and payout of $1,200 or more, as the objects issuance and return of bingo card dollar amount of bingo card sales. are drawn, the identity of the objects are inventory. Records signed by the issuer (3) Bingo card sale voids must be immediately recorded and maintained and recipient must be created under the processed in accordance with the rules for a minimum of 24 hours. following events: of the game and established controls (iii) Certification in accordance with (A) Issuance of inventory from storage that must include the following: 25 CFR part 547 is acceptable for to a staging area; (i) Patron refunds; verifying the randomness of the draw. (B) Issuance of inventory from a (ii) Adjustments to bingo card sales to (e) Prize payout. (1) Authorization or staging area to the cage or sellers; reflect voids; signatures. (C) Return of inventory from a staging (iii) Adjustment to bingo card (i) Controls must be established and area to storage; and inventory; procedures implemented to prevent (D) Return of inventory from cage or (iv) Documentation of the reason for unauthorized access or seller to staging area or storage. the void; and misappropriation of cash or cash (ii) [Reserved] (v) Authorization for all voids. equivalents by identifying the agent (5) Cancellation and removal. (i) (4) Server Based Bingo card sales. In authorized (by position) to make a Bingo cards removed from inventory order to adequately record, track and payout and at the predetermined that are deemed out of sequence, reconcile sales of bingo cards, the payouts levels for that position; and flawed, or misprinted and not returned following information must be (ii) Payout controls must ensure to the supplier must be cancelled to documented from the server: separate control of the cash (i) Date; ensure that they are not utilized in the (ii) Shift or session; accountability functions; play of a bingo game. Bingo cards that (iii) Number of bingo cards sold (this (2) Verification of validity. Controls are removed from inventory and is not required if the system does not must be established and procedures returned to the supplier or cancelled track cards sold, but system limitation implemented to verify that the following must be logged as removed from must be noted); is valid for the game in play prior to inventory. (iv) Dollar amount of bingo card sales; payment of a winning prize: (ii) Bingo cards associated with an and (i) Winning card(s); investigation must be retained intact (v) Amount in, amount out and other (ii) Objects drawn; and outside of the established removal and associated meter information; (iii) The previously designated cancellation policy. (d) Draw. (1) Controls must be arrangement of numbers or designations (6) Logs. (i) The inventory of bingo established and procedures on such cards, as described in 25 U.S.C. cards must be tracked and logged from implemented to ensure that all eligible 2703(7)(A). receipt until use or permanent removal objects used in the conduct of the bingo (iv) At least two agents must verify from inventory. game are available to be drawn and have that the card, objects drawn, and (ii) The bingo card inventory record(s) not been damaged or altered. previously designated arrangement were must include: (i) Verification of physical objects valid for the game in play. (A) Date; must be performed by two agents before (v) Where an automated verification (B) Shift; the start of the first bingo game/session. method is available, verification by such (C) Time; At least one of the verifying agents must method is acceptable. (D) Location; be a supervisory agent or independent (3) Validation. (A) For manual (E) Inventory received, issued, of the bingo games department. payouts, at least two agents must removed, and returned; (ii) Where the selection is made determine the validity of the claim prior (F) Signature of agent performing through an electronic aid, certification to the payment of a prize. The system transaction; in accordance with 25 CFR part 547 is may serve as one of the validators. (G) Signature of agent performing the acceptable for verifying the randomness (B) For automatic payout, the system reconciliation; of the draw. may serve as the sole validator of the (H) Any variance; (2) Controls must be established and claim. (I) Beginning and ending inventory; procedures implemented to: (4) Verification. (A) For manual and (i) Verify the identity of the objects as payouts, at least two agents must verify (J) Description of inventory they are drawn; that the winning pattern has been transaction being performed. (ii) Accurately record the drawn achieved on the winning card prior to (c) Bingo card sales. (1) Agents who objects; and the payment of a prize. The system may sell bingo cards must not be the sole (iii) Transmit the identity of the serve as one of the verifiers. verifier of bingo cards for prize payouts. drawn objects to the participants. (B) For automatic payouts, the system (2) Manual bingo card sales: In order (3) Controls must be established and may serve as the sole verifier that the to adequately record, track, and procedures implemented to provide a pattern has been achieved on the reconcile sales of bingo cards, the method of recall of the draw, which winning card. following information must be includes the order and identity of the (5) Authorization and signatures. (i) documented: objects drawn, for dispute resolution At least two agents must authorize, sign, (i) Date; purposes. and witness all manual prize payouts. (ii) Shift or session; (4) Verification and display of server (ii) Manual prize payouts over a (iii) Number of bingo cards issued, based draw. Controls must be predetermined amount (not to exceed sold, and returned; established and procedures $5,000 for a Tier A facility, $10,000 at (iv) Dollar amount of bingo card sales; implemented to ensure that: a Tier B facility and $20,000 for a Tier (v) Signature, initials, or identification (i) The identity of each object drawn C facility, except for $50,000 for a Tier number of the agent preparing the is accurately recorded and transmitted C facility with over $100,000,000 in record; to the participants. The procedures must gross gaming revenues) must require (vi) Signature, initials, or identify the method used to ensure the one of the two signatures and identification number of an identity of each object drawn. verifications to be a supervisory or

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management employee independent of other relevant time period of the (3) Recordkeeping and audit the operation of Class II Gaming System following: processes. (i) The gaming operation Bingo. (i) Inventory, including any increases must maintain the following records, as (iii) This predetermined amount must or decreases; applicable, related to installed game be authorized by management, approved (ii) Transfers; servers and player interfaces: by the tribal gaming regulatory (iii) Exchanges, including (A) Date placed into service; authority, documented, and maintained. acknowledging signatures or initials; (B) Date made available for play; (iv) A Class II gaming system may and (C) Supplier; substitute for one authorization/ (iv) Resulting variances. (D) Software version; signature verifying, validating or (4) Any change to control of (E) Serial number; authorizing a winning card, but may not accountability, exchange, or transfer (F) Game title; substitute for a supervisory or must require that the cash or cash (G) Asset and/or location number; (H) Seal number; and management employee signature. equivalents be counted and recorded independently by at least two agents (I) Initial meter reading. (6) Payout records, including manual (ii) Procedures must be implemented and reconciled to the recorded amount. payout records, must be controlled to for auditing such records in accordance (g) Technologic aids to the play of prevent unauthorized access, with § 543.23, Audit and Accounting. bingo. Controls must be established and misappropriation, fraud or forgery. (4) System software signature procedures implemented to safeguard Payout records must include the verification. (i) Procedures must be the integrity of technologic aids to the following information: implemented for system software play of bingo during installations, (i) Date and time; verifications. These procedures must (ii) Amount of the payout (alpha & operations, modifications, removal and include comparing signatures generated numeric for player interface payouts); retirements. Such procedures must by the verification programs required by and include the following: 25 CFR 547.8, to the signatures provided (iii) Bingo card identifier or player (1) Shipping and receiving. (i) A in the independent test laboratory letter interface identifier. communication procedure must be (iv) Manual payouts must also include for that software version. established between the supplier, the (ii) An agent independent of the bingo the following: gaming operation, and the TGRA to operation must perform system software (A) Game name or number; properly control the shipping and (B) Description of pattern covered, signature verification(s) to verify that receiving of all software and hardware only approved software is installed. such as cover-all or four corners; components. Such procedures must (C) Signature of all, but not less than (iii) Procedures must be implemented include: for investigating and resolving any two, agents involved in the transaction; (A) Notification of pending shipments (D) Overrides; (1) An authorized agent software verification variances. must be provided to the TGRA by the (iv) Internal audits must be conducted must compare the amount of the prize gaming operation; at the player interface to the accounting as set forth in § 543.23, Audit and (B) Certification in accordance with Accounting. Such audits must be system amount. If the player interface 25 CFR part 547 and approval by TGRA amount is different than the accounting documented. prior to shipment; (5) Testing. (i) Testing must be system amount, an override may be (C) Notification from the supplier to completed during the installation necessary and, if so, must be properly the TGRA, or the gaming operation as process to verify that the player documented. approved by the TGRA, of the shipping interface has been properly installed. (2) Override transactions must be date and expected date of delivery. The This must include testing of the verified by a supervisory or shipping notification must include: following, as applicable: management agent independent of the (1) Name and address of the supplier; (A) Communication with the Class II transaction. (2) Description of shipment; gaming system; (E) Any other information necessary (3) For player interfaces: a serial (B) Communication with the to substantiate the payout. number; accounting system; (7) Payouts must be witnessed and (4) For software: software version and (C) Communication with the player verified against the payout record by an description of software; tracking system; agent other than the agent issuing the (5) Method of shipment; and (D) Currency and vouchers to bill payout. (6) Expected date of delivery. acceptor; (f) Cash and cash equivalent controls. (ii) Procedures must be implemented (E) Voucher printing; (1) Procedures must be implemented to for the exchange of Class II gaming (F) Meter incrementation; prevent unauthorized access to, or system components for maintenance (G) Pay table, for verification; fraudulent transactions involving, cash and replacement. (H) Player interface denomination, for or cash equivalents. (iii) Class II gaming system verification; (2) Cash or cash equivalents components must be shipped in a (I) All buttons, to ensure that all are exchanged between two persons must secure manner to deter unauthorized operational and programmed be counted independently by at least access. appropriately; two agents and reconciled to the (iv) The TGRA, or its designee, must (J) System components, to ensure that recorded amounts at the end of each receive all Class II gaming system they are safely installed at location; and shift or session. Unexplained variances components and game play software (K) Locks, to ensure that they are must be documented and maintained. packages, and verify the contents secure and functioning. Unverified transfers of cash or cash against the shipping notification. (6) Display of Rules and Necessary equivalents are prohibited. (2) Access credential control methods. Disclaimers. The TGRA or the operation (3) Procedures must be implemented (i) Controls must be established to must verify that all game rules and to control cash or cash equivalents restrict access to the Class II gaming disclaimers are displayed at all times or based on the amount of the transaction. system components, as set forth in made readily available to the player These procedures must include § 543.20, Information and Technology. upon request, as required by 25 CFR documentation by shift, session, or (ii) [Reserved] part 547.

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(7) All Class II gaming equipment (D) Signatures of agent(s) destroying (3) Pull tabs exchanged between must comply with 25 CFR part 547, components attesting to destruction. agents are secured and independently Minimum Technical Standards for (i) Vouchers. (1) Controls must be controlled; Gaming Equipment Used With the Play established and procedures (4) Increases or decreases to pull tab of Class II Games. implemented to: inventory are recorded, tracked, and (8) Dispute resolution (h) Operations. (i) Verify the authenticity of each reconciled; and (1) Malfunctions. Procedures must be voucher or coupon redeemed. (5) Pull tabs must be maintained in a implemented to investigate, document (ii) If the voucher is valid, verify that secure location, accessible only to and resolve malfunctions. Such the patron is paid the appropriate authorized agents, and with surveillance procedures must address the following: amount. coverage adequate to identify persons (i) Determination of the event causing (iii) Document the payment of a claim accessing the area. the malfunction; on a voucher that is not physically (c) Pull tab sales. (1) Controls must be (ii) Review of relevant records, game available or a voucher that cannot be established and procedures recall, reports, logs, surveillance validated such as a mutilated, expired, implemented to record, track, and records; lost, or stolen voucher. reconcile all pull tab sales and voids. (iii) Repair or replacement of the Class (iv) Retain payment documentation (2) When pull tab sales are recorded II gaming component; for reconciliation purposes. manually, total sales must be verified by (iv) Verification of the integrity of the (v) For manual payment of a voucher an agent independent of the pull tab Class II gaming component before of $500 or more, require a supervisory sales being verified. restoring it to operation; and employee to verify the validity of the (3) No person may have unrestricted (2) Removal, Retirement and/or voucher prior to payment. access to pull tab sales records. Destruction. Procedures must be (2) Vouchers paid during a period (d) Winning pull tabs. (1) Controls implemented to retire or remove any or while the voucher system is temporarily must be established and procedures all associated components of a Class II out of operation must be marked ‘‘paid’’ implemented to record, track, and gaming system from operation. by the cashier. reconcile all redeemed pull tabs and Procedures must include the following: (3) Vouchers redeemed while the pull tab payouts. (i) For player interfaces and voucher system was temporarily out of (2) The redeemed pull tabs must be components that accept cash or cash operation must be validated as defaced so that they cannot be redeemed equivalents: expeditiously as possible upon restored for payment again. (A) Coordinate with the drop team to operation of the voucher system. (3) Pull tabs that are uniquely perform a final drop; (4) Paid vouchers must be maintained identifiable with a machine readable (B) Collect final accounting in the cashier’s accountability for code (including, but not limited to a information such as meter readings, reconciliation purposes. barcode) may be redeemed, reconciled, (5) Unredeemed vouchers can only be drop, payouts, etc.; and stored by kiosks without the need voided in the voucher system by (C) Remove and/or secure any or all for defacing, so long as the redeemed supervisory employees. The accounting associated equipment such as locks, pull tabs are secured and destroyed after department will maintain the voided card reader, or ticket printer from the removal from the kiosk in accordance voucher, if available. retired or removed component; and with the procedures approved by the (D) Document removal, retirement, (j) All relevant controls from § 543.20, TGRA. and/or destruction. Information and Technology will apply. (4) Winning pull tabs must be verified (ii) For removal of software (k) Revenue Audit. Standards for and paid as follows: components: revenue audit of bingo are contained in (i) Prize payouts of $600 or more, or (A) Purge and/or return the software § 543.24, Revenue Audit. to the license holder; and (l) Variance. The TGRA must establish a lesser amount established by the (B) Document the removal. the threshold level at which a variance, gaming operation, must be documented (iii) For other related equipment such including deviations from the and verified by at least two agents. If an as blowers, cards, interface cards: mathematical expectations required by automated method of verification is (A) Remove and/or secure equipment; 25 CFR 547.4, will be reviewed to available, it is acceptable for the and determine the cause. Any such review automated method to serve as one of the (B) Document the removal or securing must be documented. verifiers. of equipment. (ii) Prize payouts over a (iv) For all components: (A) Verify § 543.9 What are the minimum internal predetermined amount require the that unique identifiers, and descriptions control standards for pull tabs? signature and verification of two agents, of removed/retired components are (a) Supervision. Supervision must be one of whom must be a member of recorded as part of the retirement provided as needed for pull tab supervisory or management staff documentation; and operations and over pull tab storage independent of the pull tab department. (B) Coordinate with the accounting areas by an agent(s) with authority equal This predetermined amount must be department to properly retire the to or greater than those being authorized by management, component in the system records. supervised. documented, and maintained. (v) Where the TGRA authorizes (b) Pull tab inventory. Controls must (5) Total payout must be calculated destruction of any Class II gaming be established and procedures and recorded by shift. system components, procedures must be implemented to prevent unauthorized (e) Pull tab operating funds. developed to destroy such components. access, misappropriation, forgery, theft, (1) All funds used to operate the pull Such procedures must include the or fraud to pull tab inventory. Such tab game must be accounted for and following: controls must provide that: recorded and all transfers of cash and/ (A) Methods of destruction (1) Access to pull tabs is restricted to or cash equivalents must be verified. (B) Witness or surveillance of authorized agents; (2) All funds used to operate the pull destruction (2) The pull tab inventory is tab game must be independently (C) Documentation of all components controlled by agents independent of counted and verified by at least two destroyed; and pull tab sales; agents and reconciled to the recorded

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amounts at the end of each shift or (c) Playing cards. (1) New and used (iii) Dollar amount of entry payout session. playing cards must be maintained in a and/or nature and dollar value of any (f) Statistical records. (1) Statistical secure location, with appropriate non-cash payout; records must be maintained, including surveillance coverage, and accessible (iv) The signature of the agent (for games sold in their entirety) a win- only to authorized agents. completing the transaction attesting to to-write hold percentage as compared to (2) Used playing cards that are not to the disbursement of the payout; and the expected hold percentage derived be re-used must be properly cancelled (v) Name of contest/tournament. from the flare. Records must also and removed from service to prevent re- (4) If the cash (or cash equivalent) include win and write (sales) for each use. The removal and cancellation payout for the card game promotional deal or type of game, for: procedure requires TGRA review and progressive pot, pool, or related (i) Each shift; approval. promotion, including a payout resulting (ii) Each day; (3) Playing cards associated with an from a drawing or giveaway program, is (iii) Month-to-date; and investigation must be retained intact less than $600, documentation must be (iv) Year-to-date or fiscal year-to-date and outside of the established removal created to support accountability of the as applicable. and cancellation procedure. bank from which the payout was made. (2) A manager independent of the pull (d) Shill funds. (1) Issuance of shill (5) Rules governing current tab operations must review statistical funds must be recorded and have the promotional pools must be information at least on a monthly basis written approval of the supervisor. conspicuously posted in the card room and must investigate any unusual (2) Returned shill funds must be and/or available in writing for customer statistical fluctuations. These recorded and verified by a supervisor. review. The rules must designate: investigations must be documented, (3) The replenishment of shill funds (i) The amount of funds to be maintained for inspection, and provided must be documented. contributed from each pot; to the TGRA upon request. (e) Standards for reconciliation of (ii) What type of hand it takes to win (g) Revenue audit. Standards for card room bank. Two agents—one of the pool; revenue audit of pull tabs are contained whom must be a supervisory agent— (iii) How the promotional funds will in § 543.24, Revenue Audit. must independently count the table be paid out; (iv) How/when the contributed funds (h) Variances. The TGRA must inventory at the opening and closing of are added to the pools; and establish the threshold level at which a the table and record the following (v) Amount/percentage of funds variance must be reviewed to determine information: allocated to primary and secondary the cause. Any such review must be (1) Date; documented. pools, if applicable. (2) Shift; (6) Promotional pool contributions § 543.10 What are the minimum internal (3) Table number; must not be placed in or near the rake control standards for card games? (4) Amount by denomination; circle, in the drop box, or commingled (a) Supervision. Supervision must be (5) Amount in total; and with gaming revenue from card games provided as needed during the card (6) Signatures of both agents. or any other gambling game. room operations by an agent(s) with (f) Posted rules. The rules must be (7) The amount of the pools must be authority equal to or greater than those displayed or available for patron review conspicuously displayed in the card being supervised. at the gaming operation, including rules room. (1) A supervisor may function as a governing contests, prize payouts, fees, (8) At least once each day that the dealer without any other supervision if the rake collected, and the placing of game is offered, the posted pool amount disputes are resolved by supervisory antes. must be updated to reflect the current personnel independent of the (g) Promotional Progressive Pots and pool amount. transaction or independent of the card Pools. (1) All funds contributed by (9) At least once each day that the games department; or players into the pools must be returned game is offered, agents independent of (2) A dealer may function as a when won in accordance with the the card room must reconcile the supervisor if not dealing the game. posted rules with no commission or increases to the posted pool amount to (b) Exchanges or transfers. (1) administrative fee withheld. the cash previously counted or received Exchanges between table banks and the (i) The payout may be in the form of by the cage. main card room bank (or cage, if a main personal property, such as a car. (10) All decreases to the pool must be card room bank is not used) must be (ii) A combination of a promotion and properly documented, including a authorized by a supervisor. All progressive pool may be offered. reason for the decrease. exchanges must be evidenced by the use (2) The conditions for participating in (11) Promotional funds removed from of a lammer unless the exchange of current card game promotional the card game must be placed in a chips, tokens, and/or cash takes place at progressive pots, pools, and any related locked container. the table. If table banks are maintained promotions, including drawings and (i) Agents authorized to transport the at an imprest level and runners are used giveaway programs, must be locked container are precluded from for the exchanges at the table, no prominently displayed or available for having access to the contents keys. supervisory authorization is required. customer review at the gaming (ii) The contents key must be (2) Exchanges from the main card operation. maintained by a department room bank (or cage, if a main card room (3) Individual payouts for card game independent of the card room. bank is not used) to the table banks promotional progressive pots, pools and (iii) At least once a day, the locked must be verified by the card room dealer any other promotion, including related container must be removed by two and the runner. drawings and giveaway programs, that agents, one of whom is independent of (3) Transfers between the main card are $600 or more must be documented the card games department, and room bank and the cage must be at the time of the payout to include the transported directly to the cage or other properly authorized and documented. following: secure room to be counted, recorded, Documentation must be retained for at (i) Customer’s name; and verified, prior to accepting the least 24 hours. (ii) Date of payout; funds into cage accountability.

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(h) Variances. The TGRA must § 543.13 What are the minimum internal § 543.14 What are the minimum internal establish the threshold level at which a control standards for complimentary control standards for patron deposit variance must be reviewed to determine services or items? accounts and cashless systems? the cause. Any such review must be (a) Supervision. Supervision must be (a) Supervision. Supervision must be documented. provided as needed for approval of provided as needed for patron deposit complimentary services by an agent(s) accounts and cashless systems by an § 543.11 [Reserved] with authority equal to or greater than agent(s) with authority equal to or § 543.12 What are the minimum internal those being supervised. greater than those being supervised. control standards for gaming promotions (b) Complimentary services and items (b) Patron deposit accounts and and player tracking systems? include, but are not limited to, travel, cashless systems. (1) Controls must be (a) Supervision. Supervision must be lodging, food, beverages, or established and procedures provided as needed for gaming entertainment expenses provided, at the implemented for patron deposit promotions and player tracking by an agent’s discretion, directly to the patron accounts and cashless systems to agent(s) with authority equal to or by the gaming operation or indirectly to prevent unauthorized access, greater than those being supervised. patrons on behalf of the gaming misappropriation, forgery, theft, or (b) Gaming promotions. The rules of operation by a third party. fraud. the gaming promotion must be (c) Complimentary services or items. (2) Smart cards cannot maintain the displayed or made readily available to Controls must be established and only source of account data. participants upon request. Gaming procedures implemented to prevent (3) Establishment of patron deposit promotions rules require TGRA unauthorized access, misappropriation, accounts. The following standards apply approval and must include the forgery, theft, or fraud. Such controls when the patron establishes an account. following: must include procedures for the (i) The patron must appear at the (1) The rules of play; following: gaming operation in person, at a (2) The nature and value of the (1) Authorizing agents to approve the designated area of accountability, and associated prize(s) or cash award(s); issuance of complimentary services or present valid government issued picture (3) Any restrictions or limitations on items, including levels of authorization; identification; and participant eligibility; (2) Limits and conditions on the (ii) An agent must examine the (4) The date(s), time(s), and approval and issuance of patron’s identification and record the location(s) for the associated complimentary services or items; following information: promotional activity or activities; (3) Modifying conditions or limits on (A) Type, number, and expiration date (5) Any other restrictions or the approval and issuance of of the identification; limitations, including any related to the complimentary services or items; (B) Patron’s name; claim of prizes or cash awards; (4) Documenting and recording the (C) A unique account identifier; (6) The announcement date(s), authorization, issuance, and tracking of (D) Date the account was opened; and time(s), and location(s) for the winning (E) The agent’s name. complimentary services or items, entry or entries; and (4) The patron must sign the account including cash and non-cash gifts; (7) Rules governing promotions documentation before the agent may (i) Complimentary issuance records offered across multiple gaming activate the account. must include the following for all operations, third party sponsored (5) The agent or cashless system must complimentary items and services equal promotions, and joint promotions provide the patron deposit account to or exceeding an amount established involving third parties. holder with a secure method of access. (c) Player tracking systems. (1) by the TGRA. (c) Patron deposits, withdrawals and Changes to the player tracking systems, (A) Name of patron who received the adjustments. (1) Prior to the patron promotional accounts, promotion and complimentary service or item; making a deposit or a withdrawal from external bonusing system parameters (B) Name(s) of issuer of the a patron deposit account, the agent or which control features such as the complimentary service or item; cashless system must verify the patron awarding of bonuses, the issuance of (C) The actual cash value of the deposit account, the patron identity, cashable credits, non-cashable credits, complimentary service or item; and availability of funds. coupons and vouchers, must be (D) The type of complimentary service (2) Adjustments made to the patron performed under the authority of or item (food, beverage, etc.); and deposit accounts must be performed by supervisory employees, independent of (E) Date the complimentary service or an agent. the department initiating the change. item was issued. (3) When a deposit, withdrawal, or Alternatively, the changes may be (ii) [Reserved]. adjustment is processed by an agent, a performed by supervisory employees of (d) Complimentary services and items transaction record must be created the department initiating the change if records must be summarized and containing the following information: sufficient documentation is generated reviewed for proper authorization and (i) Same document number on all and the propriety of the changes are compliance with established copies; randomly verified by supervisory authorization thresholds. (ii) Type of transaction, (deposit, employees independent of the (1) A detailed reporting of comp withdrawal, or adjustment); department initiating the change on a transactions that meet an established (iii) Name or other identifier of the monthly basis. threshold approved by the TGRA must patron; (2) All other changes to the player be prepared at least monthly. (iv) The unique account identifier; tracking system must be appropriately (2) The detailed report must be (v) Patron signature for withdrawals, documented. forwarded to management for review. unless a secured method of access is (d) Variances. The TGRA must (e) Variances. The TGRA must utilized; establish the threshold level at which a establish the threshold level at which a (vi) For adjustments to the account, variance must be reviewed to determine variance must be reviewed to determine the reason for the adjustment; the cause. Any such review must be the cause. Any such review must be (vii) Date and time of transaction; documented. documented. (viii) Amount of transaction;

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(ix) Nature of deposit, withdrawal, or patron’s written acknowledgment of the § 543.16 [Reserved] adjustment (cash, check, chips); and terms by signature; § 543.17 What are the minimum internal (x) Signature of the agent processing (C) Completing a uniquely identified, control standards for drop and count? the transaction. multi-part, lines of credit issuance form, (a) Supervision. Supervision must be (4) When a patron deposits or such as a marker or counter check, provided for drop and count as needed withdraws funds from a patron deposit which includes the terms of the lines of by an agent(s) with authority equal to or account electronically, the following credit transaction; greater than those being supervised. must be recorded: (D) Obtaining required signatures; (b) Count Room Access. Controls must (i) Date and time of transaction; (E) Determining the amount of the be established and procedures (ii) Location (player interface, kiosk); patron’s available lines of credit; implemented to limit physical access to (iii) Type of transaction (deposit, (F) Updating the credit balance record the count room to count team agents, withdrawal); at the time of each transaction to assure designated staff, and other authorized (iv) Amount of transaction; and that lines of credit issued are within the persons. Such controls must include the (v) The unique account identifier. established limit and balance for that following: (5) Patron deposit account transaction patron; and (1) Count team agents may not exit or records must be available to the patron (G) Requiring the agent issuing the enter the count room during the count upon reasonable request. lines of credit to be independent of the except for emergencies or scheduled (6) If electronic funds transfers are agent who authorized the lines of credit. breaks. made to or from a gaming operation (vii) A policy establishing credit line (2) Surveillance must be notified bank account for patron deposit account limit exceptions to include the whenever count room agents exit or funds, the bank account must be following: enter the count room during the count. dedicated and may not be used for any (A) Identification of the agent(s) (3) The count team policy, at a other types of transactions. authorized to permit a credit line limit minimum, must address the (d) Variances. The TGRA must to be exceeded; transportation of extraneous items such establish the threshold level at which a (B) Authorization thresholds; and as personal belongings, tool boxes, variance must be reviewed to determine (C) Required documentation. beverage containers, etc., into or out of the cause. Any such review must be (viii) A policy governing increases the count room. documented. and decreases to a patron’s lines of (c) Count team. Controls must be established and procedures § 543.15 What are the minimum internal credit account balances to include the control standards for lines of credit? following: implemented to ensure security of the (A) Documentation and record count and the count room to prevent (a) Supervision. Supervision must be unauthorized access, misappropriation provided as needed for lines of credit by keeping requirements; (B) Independence between the of funds, forgery, theft, or fraud. Such an agent(s) with authority equal to or controls must include the following: greater than those being supervised. department that receives the payment and the department that maintains (1) For Tier A and B operations, all (b) Establishment of Lines of Credit counts must be performed by at least Policy. (1) If a gaming operation extends custody of the credit balance for payments made by mail; two agents. For Tier C operations, all lines of credit, controls must be counts must be performed by at least established and procedures (C) Collections; (D) Periodic audits and confirmation three agents. implemented to safeguard the assets of (2) For Tier A and B operations, at no of balances; and the gaming operation. Such controls time during the count can there be fewer (E) If a collection agency is used, a must include a lines of credit policy than two count team agents in the count process to ensure documentation of including the following: room until the drop proceeds have been increases and decreases to the lines of (i) A process for the patron to apply accepted into cage/vault accountability. for, modify, and/or re-establish lines of credit account balances. For Tier C operations, at no time during credit, to include required (ix) A policy governing write-offs and the count can there be fewer than three documentation and credit line limit; settlements to include: count team agents in the count room (ii) Authorization levels of credit (A) Identification of agent(s) until the drop proceeds have been issuer(s); authorized to approve write-offs and accepted into cage/vault accountability. (iii) Identification of agents settlements; (3) For Tier A and B operations, count authorized to issue lines of credit; (B) Authorization levels for write-offs team agents must be rotated on a routine (iv) A process for verifying an and settlements of lines of credit basis such that the count team is not applicant’s credit worthiness; instruments; consistently the same two agents more (v) A system for recording patron (C) Required documentation for write- than four days per week. This standard information; to include: offs and settlements; does not apply to gaming operations (A) Name, current address, and (D) Independence between the agent that utilize a count team of more than signature; who established the lines of credit and two agents. For Tier C operations, count (B) Identification credential; the agent writing off or settling the lines team agents must be rotated on a routine (C) Authorized credit line limit; of credit instrument. basis such that the count team is not (D) Documented approval by an agent (E) Necessary documentation for the consistently the same three agents more authorized to approve credit line limits; approval of write-offs and settlements than four days per week. This standard (E) Date, time and amount of credit and transmittal to the appropriate does not apply to gaming operations issuances and payments; and department for recording and that utilize a count team of more than (F) Amount of available credit. deductibility. three agents. (vi) A process for issuing lines of (c) Variances. The TGRA must (4) Functions performed by count credit to include the following: establish the threshold level at which a team agents must be rotated on a routine (A) Verifying the patron’s identity; variance must be reviewed to determine basis. (B) Notifying the patron of the lines of the cause. Any such review must be (5) Count team agents must be credit terms, including obtaining documented. independent of the department being

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counted and the cage/vault (4) The financial instrument storage daily by an authorized agent to prevent departments. An accounting agent may components must be removed by an improper recirculation. be used if there is an independent audit agent independent of the player (iv) If a currency counter interface is of all count documentation. interface department, then transported used: (d) Card game drop standards. directly to the count room or other (A) It must be adequately restricted to Controls must be established and equivalently secure area with prevent unauthorized access; and procedures implemented to ensure comparable controls and locked in a (B) The currency drop figures must be security of the drop process to prevent secure manner until the count takes transferred via direct communications unauthorized access to gaming place. line or computer storage media to the equipment and the drop, (i) Security must be provided for the accounting department. misappropriation of funds, forgery, financial instrument storage (7) If currency counters are utilized, a theft, or fraud. Such controls must components removed from the player count team member must observe the include the following: interfaces and awaiting transport to the loading and unloading of all currency at (1) Surveillance must be notified count room. the currency counter, including rejected when the drop is to begin so that (ii) Transportation of financial currency. surveillance may monitor the activities. instrument storage components must be (8) Two counts of the currency (2) Once the drop is started, it must performed by a minimum of two agents, rejected by the currency counter must continue until finished. at least one of whom is independent of be recorded per table, as well as in total. (3) At the end of each shift: the player interface department. Posting rejected currency to a (i) All locked card game drop boxes (5) All financial instrument storage nonexistent table is prohibited. must be removed from the tables by an components must be posted with a (9) Card game drop boxes, when agent independent of the card game number corresponding to a permanent empty, must be shown to another shift being dropped; number on the player interface. member of the count team, to another (ii) For any tables opened during the (f) Card game count standards. (1) agent observing the count, or to shift, a separate drop box must be Access to stored, full card game drop surveillance, provided that the count is placed on each table, or a gaming boxes must be restricted to authorized monitored in its entirety by an agent operation may utilize a single drop box members of the drop and count teams. independent of the count. with separate openings and (10) Procedures must be implemented (2) The card game count must be compartments for each shift; and to ensure that any corrections to the performed in a soft count room or other (iii) Card game drop boxes must be count documentation are permanent, equivalently secure area with transported directly to the count room identifiable and that the original, comparable controls. or other equivalently secure area by a corrected information remains legible. (3) Access to the count room during minimum of two agents, at least one of Corrections must be verified by two the count must be restricted to members whom is independent of the card game count team agents. of the drop and count teams, with the shift being dropped, until the count (11) The count sheet must be exception of authorized observers, takes place. reconciled to the total drop by a count (4) Document which tables were not supervisors for resolution of problems, team member who may not function as open during a shift and therefore not and authorized maintenance personnel. the sole recorder, and variances must be part of the drop. (4) If counts from various revenue reconciled and documented. (5) All card game drop boxes must be centers occur simultaneously in the (12) All count team agents must sign posted with a number corresponding to count room, procedures must be in the report attesting to their participation a permanent number on the gaming effect to prevent the commingling of in the count. table and marked to indicate game, table funds from different revenue centers. (13) A final verification of the total number, and shift, if applicable. (5) Count equipment and systems drop proceeds, before transfer to cage/ (e) Player interface and financial must be tested, with the results vault, must be performed by at least two instrument drop standards. documented, at minimum before the agents, one of whom is a supervisory (1) Surveillance must be notified first count begins to ensure the accuracy count team member, and one a count when the drop is to begin so that of the equipment. team agent. surveillance may monitor the activities. (6) The card game drop boxes must be (i) Final verification must include a The player interface financial individually emptied and counted so as comparison of currency counted totals instrument storage component drop to prevent the commingling of funds against the currency counter/system begins when the first financial between boxes until the count of the box report, if any counter/system is used. instrument storage component is has been recorded. (ii) Any unresolved variances must be removed. (i) The count of each box must be documented, and the documentation (2) A minimum of two individuals recorded in ink or other permanent form must remain part of the final count must be involved in the removal of the of recordation. record forwarded to accounting. player interface storage component (ii) For counts that do not utilize a (iii) This verification does not require drop, at least one of whom is currency counter, a second count must a complete recount of the drop independent of the player interface be performed by a member of the count proceeds, but does require a review department. team who did not perform the initial sufficient to verify the total drop (3) All financial instrument storage count. Separate counts of chips and proceeds being transferred. components may be removed only at the tokens must always be performed by (iv) The two agents must sign the time previously designated by the members of the count team. report attesting to the accuracy of the gaming operation and reported to the (iii) Coupons or other promotional total drop proceeds verified. TGRA. If an emergency drop is required, items not included in gross revenue (v) All drop proceeds and cash surveillance must be notified before the must be recorded on a supplemental equivalents that were counted must be drop is conducted and the TGRA must document by either the count team submitted to the cage or vault cashier be informed within a timeframe members or accounting personnel. All (who must be independent of the count approved by the TGRA. single-use coupons must be cancelled team) or to an agent independent of the

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revenue generation source and the count after the count is completed and the (14) All count team agents must sign process for verification. The cashier or drop proceeds are accepted into the the report attesting to their participation agent must certify, by signature, the cage/vault accountability. in the count. amount of the drop proceeds delivered (6) Count equipment and systems (15) A final verification of the total and received. Any unresolved variances must be tested, with the results drop proceeds, before transfer to cage/ must be reconciled, documented, and/or documented, at minimum before the vault, must be performed by at least two investigated by accounting/revenue first count begins, to ensure the agents, one of whom is a supervisory audit. accuracy of the equipment. count team member and the other a (14) After certification by the receiver (7) If a currency counter interface is count team agent. of the funds, the drop proceeds must be used: (i) Final verification must include a transferred to the cage/vault. (i) It must be adequately restricted to comparison of currency counted totals (i) The count documentation and prevent unauthorized access; and against the currency counter/system records must not be transferred to the report, if a counter/system is used. (ii) The currency drop figures must be cage/vault with the drop proceeds. (ii) Any unresolved variances must be transferred via direct communications (ii) The cage/vault agent must have no documented and the documentation line or computer storage media to the knowledge or record of the drop must remain a part of the final count accounting department. proceeds total before it is verified. record forwarded to accounting. (iii) All count records must be (8) The financial instrument storage (iii) This verification does not require forwarded to accounting or adequately components must be individually a complete recount of the drop proceeds secured and accessible only by emptied and counted so as to prevent but does require a review sufficient to accounting agents. the commingling of funds between verify the total drop proceeds being (iv) The cage/vault agent receiving the storage components until the count of transferred. transferred drop proceeds must sign the the storage component has been (iv) The two agents must sign the report attesting to the verification of the recorded. report attesting to the accuracy of the total received. (i) The count of each storage total drop proceeds verified. (v) Any unresolved variances between component must be recorded in ink or (v) All drop proceeds and cash total drop proceeds recorded on the other permanent form of recordation. equivalents that were counted must be count room report and the cage/vault (ii) Coupons or other promotional turned over to the cage or vault cashier final verification during transfer must be items not included in gross revenue may (who must be independent of the count documented and investigated. be recorded on a supplemental team) or to an agent independent of the (15) The count sheet, with all document by the count team members revenue generation and the count supporting documents, must be or accounting personnel. All single-use process for verification. Such cashier or delivered to the accounting department coupons must be cancelled daily by an agent must certify, by signature, the by a count team member or an agent authorized agent to prevent improper amount of the drop proceeds delivered independent of the cashiers department. recirculation. and received. Any unresolved variances Alternatively, it may be adequately (9) If currency counters are utilized, a must be reconciled, documented, and/or secured so that it is only accessible to count team member must observe the investigated by accounting/revenue accounting agents. loading and unloading of all currency at audit. (16) The cage/vault agent must sign the currency counter, including rejected (16) After certification by the the count sheet, or other reconciling currency. recipient of the funds, the drop document, and thereby assume (10) Two counts of the currency proceeds must be transferred to the accountability of the currency drop rejected by the currency counter must cage/vault. proceeds, ending the count. be recorded per interface terminal as (i) The count documentation and (g) Player interface financial well as in total. Rejected currency must records must not be transferred to the instrument count standards. be posted to the interface terminal from cage/vault with the drop proceeds. (ii) The cage/vault agent may have no (1) Access to stored full financial which it was collected. instrument storage components must be knowledge or record of the drop (11) Storage components, when restricted to: proceeds total before it is verified. empty, must be shown to another (i) Authorized members of the drop (iii) All count records must be member of the count team, to another and count teams; and forwarded to accounting adequately (ii) In an emergency, authorized agent who is observing the count, or to secured and accessible only by persons for the resolution of a problem. surveillance, provided that the count is accounting agents. (2) The player interface financial monitored in its entirety by an agent (iv) The cage/vault agent receiving the instrument count must be performed in independent of the count. transferred drop proceeds must sign the a count room or other equivalently (12) Procedures must be implemented report attesting to the verification of the secure area with comparable controls. to ensure that any corrections to the total received. (3) Access to the count room during count documentation are permanent, (v) Any unresolved variances between the count must be restricted to members identifiable and the original, corrected total drop proceeds recorded on the of the drop and count teams, with the information remains legible. Corrections count room report and the cage/vault exception of authorized observers, must be verified by two count team final verification during transfer must be supervisors for resolution of problems, agents. documented and investigated. and authorized maintenance personnel. (13) The count sheet must be (17) The cage/vault agent must sign (4) If counts from various revenue reconciled to the total drop by a count the count sheet, or other reconciling centers occur simultaneously in the team member who may not function as document, thereby assuming count room, procedures must be in the sole recorder, and variances must be accountability of the currency drop effect that prevent the commingling of reconciled and documented. This proceeds, and ending the count. funds from different revenue centers. standard does not apply to vouchers (18) The count sheet, with all (5) The count team must not have removed from the financial instrument supporting documents, must be access to bill-in meter amounts until storage components. delivered to the accounting department

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by a count team member or agent electronic, and alternative key systems the procedures required by the check independent of the cashiers department. must be maintained in accordance with guarantee service are followed, then the Alternatively, it may be adequately the following: above requirements do not apply. secured and accessible only by (i) Access to the emergency manual (2) When counter checks are issued, accounting department. key(s) used to access the box containing the following must be included on the (h) Controlled keys. Controls must be the player interface drop and count keys check: established and procedures requires the physical involvement of at (i) The patron’s name and signature; implemented to safeguard the use, least three agents from separate (ii) The dollar amount of the counter access, and security of keys in departments, including management. check; accordance with the following: The date, time, and reason for access, (iii) Patron’s bank name, bank routing, (1) Each of the following requires a must be documented with the signatures and account numbers; separate and unique key lock or of all participating persons signing out/ (iv) Date of issuance; and alternative secure access method: in the emergency manual key(s); (v) Signature of the agent approving (i) Drop cabinet; (ii) The custody of the emergency the counter check transaction. (ii) Drop box release; manual keys requires the presence of (3) Personal checks, payroll checks, (iii) Drop box content; and two agents from separate departments and counter checks that are not (iv) Storage racks and carts used for from the time of their issuance until the deposited in the normal course of the drop. time of their return; and business, as established by management, (2) Access to and return of keys or (iii) Routine physical maintenance (held checks) are subject to § 543.15 equivalents must be documented with that requires access to the emergency credit standards. the date, time, and signature or other manual key(s), and does not involve (4) When traveler’s checks or other unique identifier of the agent accessing accessing the player interface drop and guaranteed drafts, such as cashier’s or returning the key(s). count keys, only requires the presence checks, are presented, the cashier must (i) For Tier A and B operations, at of two agents from separate comply with the examination and least two (2) drop team agents are departments. The date, time, and reason documentation procedures as required required to be present to access and for access must be documented with the by the issuer. return keys. For Tier C operations, at signatures of all participating agents (5) If a third party check cashing or least three (3) drop team agents are signing out/in the emergency manual guarantee service is used, the required to be present to access and key(s). examination and documentation return keys. (i) Variances. The TGRA must (ii) For Tier A and B operations, at procedures required by the service establish the threshold level at which a provider apply, unless otherwise least two (2) count team agents are variance must be reviewed to determine required to be present at the time count provided by tribal law or regulation. the cause. Any such review must be (d) Cage and vault accountability. (1) room and other count keys are issued documented. for the count. For Tier C operations, at All transactions that flow through the least three (two for card game drop box § 543.18 What are the minimum internal cage must be summarized for each work keys in operations with three tables or control standards for the cage, vault, kiosk, shift of the cage and must be supported fewer) count team agents are required to cash and cash equivalents? by documentation. be present at the time count room and (a) Supervision. Supervision must be (2) Increases and decreases to the total other count keys are issued for the provided as needed for cage, vault, cage inventory must be verified, count. kiosk, and other operations using cash supported by documentation, and (3) Documentation of all keys, or cash equivalents by an agent(s) with recorded. For any individual increase/ including duplicates, must be authority equal to or greater than those decrease that exceeds $100, maintained, including: being supervised. documentation must include the date (i) Unique identifier for each (b) Cash and cash equivalents. and shift, the purpose of the increase/ individual key; Controls must be established and decrease, the agent(s) completing the (ii) Key storage location; procedures implemented to prevent transaction, and the person or (iii) Number of keys made, unauthorized access, misappropriation, department receiving the cage funds (for duplicated, and destroyed; and forgery, theft, or fraud. decreases only). (iv) Authorization and access. (c) Personal checks, cashier’s checks, (3) The cage and vault inventories (4) Custody of all keys involved in the traveler’s checks, payroll checks, and (including coin rooms/vaults) must be drop and count must be maintained by counter checks. counted independently by at least two a department independent of the count (1) If personal checks, cashier’s agents, attested to by signature, and and the drop agents as well as those checks, traveler’s checks, payroll checks recorded in ink or other permanent form departments being dropped and or counter checks are cashed at the cage, at the end of each shift during which the counted. the controls must provide for security activity took place. These agents must (5) Other than the count team, no and integrity. For each check cashing make individual counts to compare for agent may have access to the drop box transaction, the agent(s) conducting the accuracy and maintain individual content keys while in possession of transaction must: accountability. All discrepancies must storage rack keys and/or release keys. (i) Verify the patron’s identity; be noted and investigated. (6) Other than the count team, only (ii) Examine the check to ensure it (4) The gaming operation must agents authorized to remove drop boxes includes the patron’s name, current establish and comply with a minimum are allowed access to drop box release address, and signature; bankroll formula to ensure the gaming keys. (iii) For personal checks, verify the operation maintains cash or cash (7) Any use of keys at times other than patron’s check cashing authority and equivalents (on hand and in the bank, the scheduled drop and count must be record the source and results in if readily accessible) in an amount properly authorized and documented. accordance with management policy; sufficient to satisfy obligations to the (8) Emergency manual keys, such as (iv) If a check guarantee service is gaming operation’s patrons as they are an override key, for computerized, used to guarantee the transaction and incurred.

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(e) Kiosks. (1) Kiosks shall be (3) The following procedures must be the cause. Any such review must be maintained on an imprest basis on the established and complied with for front documented. cage accountability and shall be counted money deposits: independently by at least two agents (i) Maintaining a detailed record by § 543.19 [Reserved] and reconciled each time the kiosk is patron name and date of all funds on § 543.20 What are the minimum internal reimpressed. deposit; control standards for information (2) Currency cassettes shall be imprest (ii) Maintaining a current balance of technology and information technology by an agent and verified independently all patron deposits that are in the cage/ data? by at least one agent, both of whom vault inventory or accountability; and (a) Supervision. shall sign each cassette. (iii) Reconciling this current balance (1) Controls must identify the (3) Imprest cassettes shall be secured with the deposits and withdrawals at supervisory agent in the department or with a lock or tamper resistant seal and, least daily. area responsible for ensuring that the if not placed inside a kiosk, shall be (g) Promotional payments, drawings, department or area is operating in stored in a secured area of the cage/ and giveaway programs. The following accordance with established policies vault. procedures must apply to any payment and procedures. (4) The TGRA or the gaming resulting from a promotional payment, (2) The supervisory agent must be operation, subject to the approval of the drawing, or giveaway program independent of the operation of Class II TGRA, shall develop and implement disbursed by the cage department or any games. security controls over the kiosks, i.e. other department. This section does not (3) Controls must ensure that duties forced entry, evidence of any entry, and apply to programs that are addressed are adequately segregated and protection of circuit boards containing elsewhere in this part. monitored to detect procedural errors programs. (1) Payments that are less than $100 and to prevent the concealment of fraud. (5) With regard to cashless systems, must be documented to support the cage (4) Internal controls must require that the TGRA or the gaming operation, accountability. all personnel having access to Class II subject to the approval of the TGRA, (2) Payments of $100 or more must be gaming systems have no signatory shall develop and implement documented at the time of the payment, authority over financial instruments and procedures to ensure that and documentation must include the payout forms, and are independent of communications between the kiosk and following: and restricted from access to: system are secure and functioning. (i) Date and time; (i) Financial instruments; and (6) Kiosks or equipment associated (ii) Dollar amount of payment or (ii) Accounting, audit, and ledger therewith must be capable of producing description of personal property; entries. the following reports upon demand: (iii) Reason for payment; and (b) As used in this section only, a (i) Recap of the disposition of (iv) Patron’s name (drawings only). system is any computerized system that wagering instruments accepted, which (v) Signature(s) of at least two agents is essential to the gaming environment. must be available by reconciliation verifying, authorizing, and completing This includes, but is not limited to, the period (day, shift or drop cycle); and the promotional payment with the server and peripherals for Class II (ii) Reconciliation report that includes patron, except for computerized systems gaming system, accounting, the current cash balance, current that validate and print the dollar surveillance, essential phone system, balance of the wagering instruments by amount of the payment on a computer and door access and warning systems. (c) Class II gaming systems’ logical dollar amount and by number of items generated form, only one signature is and physical controls. Controls must be and the reconciliation period date and required. established and procedures time. (h) Chip(s) and token(s). Controls (f) Patron deposited funds. If a gaming implemented to ensure adequate: must be established and procedures operation permits a patron to deposit (1) Control of physical and logical implemented to ensure accountability of funds for safekeeping and/or front access to the information technology chip and token inventory. Such controls money purposes with the gaming environment, including accounting, must include, but are not limited to, the operation at the cage, and when voucher, cashless and player tracking, following: transfers of patron deposited funds are among others used in conjunction with (1) Purchase; transferred to a gaming area for Class II gaming; (2) Receipt; wagering purposes, the following (2) Physical and logical protection of (3) Inventory; storage media and its contents, standards apply: (4) Storage; and (1) The receipt or withdrawal of a including recovery procedures; (5) Destruction. patron deposit must be documented, (3) Access credential control methods; (i) Cage and vault access. Controls (4) Record keeping and audit with a copy given to the patron and a must be established and procedures copy remaining in the cage. processes; and implemented to prevent unauthorized (2) Both copies of the document of (5) Departmental independence, access, misappropriation, forgery, or receipt or withdrawal must contain the including, but not limited to, means to following information: fraud. Such controls must include the restrict agents that have access to (i) Same receipt number on each copy; following: information technology from having (ii) Patron’s name and signature; (1) Restricting physical access to the access to financial instruments. (iii) Date of receipt and withdrawal; cage to cage department agents, (d) Independence. All agents having (iv) Dollar amount of deposit/ designated staff, and other authorized access to the Class II information withdrawal (for foreign currency persons; and technology environment and/or data are transactions include the US dollar (2) Limiting transportation of independent of and restricted from equivalent, the name of the foreign extraneous items such as personal access to: country, and the amount of the foreign belongings, tool boxes, beverage (1) Financial instruments; currency by denomination); containers, etc., into and out of the cage. (2) Signatory authority over financial (v) Nature of deposit/withdrawal; and (j) Variances. The TGRA must instruments and payouts forms; and (vi) Name and signature of the agent establish the threshold level at which a (3) Accounting, audit, and ledger who conducted the transaction. variance must be reviewed to determine entries.

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(e) Physical security. (1) Internal (C) Description of the access rights (k) Data backups. (1) Controls must controls must require that the assigned to user. include adequate backup, including, but information technology environment (4) Lost or compromised access not limited to, the following: and infrastructure be maintained in a credentials must be deactivated, secured (i) Daily data backup of critical secured physical location such that or destroyed within an established time information technology systems; access is restricted to authorized agents period approved by the TGRA. (ii) Data backup of critical programs only. (5) Access credentials of terminated or the ability to reinstall the exact (2) Access devices to the systems’ users must be deactivated within an programs as needed; secured physical location, such as keys, established time period approved by the (iii) Secured storage of all backup data cards, or fobs, must be controlled by an TGRA. files and programs, or other adequate independent agent. (6) Only authorized agents may have protection; (3) Access to the systems’ secured access to inactive or closed accounts of (iv) Mirrored or redundant data physical location must be restricted to other users, such as player tracking source; and agents in accordance with established accounts and terminated user accounts. (v) Redundant and/or backup policies and procedures, which must (h) Installations and/or modifications. hardware. include maintaining and updating a (1) Only TGRA authorized or approved (2) Controls must include recovery record of agents granted access systems and modifications may be procedures, including, but not limited privileges. installed. to, the following: (4) Communications to and from (2) Records must be kept of all new (i) Data backup restoration; Network Communication Equipment installations and/or modifications to (ii) Program restoration; and must be physically secured from Class II gaming systems. These records (iii) Redundant or backup hardware unauthorized access. must include, at a minimum: restoration. (f) Logical security. (1) Security (i) The date of the installation or (3) Recovery procedures must be standards and procedures must be change; tested on a sample basis at specified designed and implemented to protect all (ii) The nature of the installation or intervals at least annually. Results must systems and to ensure that access to the change such as new software, server be documented. following is restricted and secured: repair, significant configuration (4) Backup data files and recovery (i) Systems’ software and application changes; components must be managed with at programs; (iii) Evidence of verification that the least the same level of security and (ii) Data associated with Class II installation or the changes are approved; access controls as the system for which gaming; and and they are designed to support. (iv) The identity of the agent(s) (iii) Communications facilities, (l) Software downloads. Downloads, performing the installation/ systems, and information transmissions either automatic or manual, must be modification. associated with Class II gaming systems. performed in accordance with 25 CFR (2) Unused services and non-essential (3) Documentation must be 547.12. ports must be disabled whenever maintained, such as manuals, user (m) Verifying downloads. Following possible. guides, describing the systems in use download of any game software, the (3) Procedures must be implemented and the operation, including hardware. to ensure that all activity performed on (i) Remote access. (1) Agents may be Class II gaming system must verify the systems is restricted and secured from granted remote access for system downloaded software using a software unauthorized access, and logged. support, provided that each access signature verification method. Using (4) Communications to and from session is documented and maintained any method it deems appropriate, the systems via Network Communication at the place of authorization. The TGRA must confirm the verification. Equipment must be logically secured documentation must include: § 543.21 What are the minimum internal from unauthorized access. (i) Name of agent authorizing the control standards for surveillance? (g) User controls.(1) Systems, access; (a) Supervision. Supervision must be including application software, must be (ii) Name of agent accessing the provided as needed for surveillance by secured with passwords or other means system; an agent(s) with authority equal to or for authorizing access. (iii) Verification of the agent’s greater than those being supervised. (2) Management personnel or agents authorization; independent of the department being (iv) Reason for remote access; (b) Surveillance equipment and controlled must assign and control (v) Description of work to be control room(s). Controls must be access to system functions. performed; established and procedures (3) Access credentials such as (vi) Date and time of start of end-user implemented to prevent unauthorized passwords, PINs, or cards must be remote access session; and access and/or activities, controlled as follows: (vii) Date and time of conclusion of misappropriation, forgery, theft, or (i) Each user must have his or her own end-user remote access session. fraud. Such controls must include the individual access credential; (2) All remote access must be following: (ii) Access credentials must be performed via a secured method. (1) For Tier A, the surveillance system changed at an established interval (j) Incident monitoring and reporting. must be maintained and operated from approved by the TGRA; and (1) Documented procedures must be a secured location, such as a locked (iii) Access credential records must be implemented for responding to, cabinet. For Tier B and C, the maintained either manually or by monitoring, investigating, resolving, surveillance system must be maintained systems that automatically record access documenting, and reporting security and operated from a staffed surveillance changes and force access credential incidents associated with information operation room(s). changes, including the following technology systems. (2) The surveillance operation room(s) information for each user: (2) All security incidents must be must be secured to prevent (A) User’s name; responded to within an established time unauthorized entry. (B) Date the user was given access period approved by the TGRA and (3) Access to the surveillance and/or password change; and formally documented. operation room(s) must be limited to

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surveillance agents and other authorized following functions, controls must also clarity to view any attempted persons. include: manipulation of the recorded data. (4) Surveillance operation room(s) (1) Surveillance of the jackpot meter (d) Reporting Requirements. TGRA- access logs must be maintained. for Class II gaming systems: approved procedures must be (5) Surveillance operation room (2) Manual bingo: (i) For manual implemented for reporting suspected equipment must have total override draws, the surveillance system must crimes and suspicious activity. capability over all other satellite monitor the bingo ball drawing device (e) Recording Retention. Controls surveillance equipment located outside or mechanical random number must be established and procedures the surveillance operation room. generator, which must be recorded implemented that include the following: (6) Power loss to the surveillance during the course of the draw by a (1) All recordings required by this system. dedicated camera to identify the section must be retained for a minimum (i) For Tier A, in the event of power numbers or other designations drawn; of seven days; and loss to the surveillance system, and (2) Suspected crimes, suspicious alternative security procedures, such as (ii) The surveillance system must activity, or detentions by security additional supervisory or security monitor and record the activities of the personnel discovered within the initial agents, must be implemented bingo game, including drawing, calling, retention period must be copied and immediately. retained for a time period, not less than (ii) For Tier B and C, in the event of and entering the balls, numbers or other one year. power loss to the surveillance system, designations drawn. (f) Logs. Logs must be maintained and an auxiliary or backup power source (3) Card games: (i) Except for card demonstrate the following: must be available and capable of game tournaments, a dedicated (1) Compliance with the storage, providing immediate restoration of camera(s) with sufficient clarity must be identification, and retention standards power to the surveillance system to used to provide: required in this section; ensure that surveillance agents can (A) An overview of the activities on (2) Each malfunction and repair of the observe all areas covered by dedicated each card table surface, including card surveillance system as defined in this cameras. faces and cash and/or cash equivalents; (7) The surveillance system must (B) An overview of card game section; and record an accurate date and time stamp activities, including patrons and (3) Activities performed by on recorded events. The displayed date dealers; and surveillance agents. and time must not significantly obstruct (C) An unobstructed view of all § 543.22 [Reserved] the recorded view. posted progressive pool amounts. (8) All surveillance agents must be (ii) For card game tournaments, a § 543.23 What are the minimum internal trained in the use of the equipment, dedicated camera(s) must be used to control standards for audit and accounting? games, and house rules. provide an overview of tournament (a) Conflicts of standards. When (9) Each camera required by the activities, including entrances/exits and establishing SICS, the gaming operation standards in this section must be any area where cash or cash equivalents should review, and consider installed in a manner that will prevent are exchanged. incorporating, other external standards it from being readily obstructed, (4) Cage and vault: (i) The such as GAAP, GAAS, and standards tampered with, or disabled. surveillance system must monitor and promulgated by GASB and FASB. In the (10) The surveillance system must: record a general overview of activities event of a conflict between the MICS (i) Have the capability to display all occurring in each cage and vault area and the incorporated external standards, camera views on a monitor; with sufficient clarity to identify the external standards prevail. (ii) Include sufficient numbers of individuals within the cage and patrons (b) Accounting. Controls must be recording devices to record the views of and staff members at the counter areas established and procedures all cameras required by this section; and to confirm the amount of each cash implemented to safeguard assets and (iii) Record all camera views; and transaction; (iv) For Tier B and C only, include ensure each gaming operation: (ii) Each cashier station must be sufficient numbers of monitors to (1) Prepares accurate, complete, simultaneously display gaming and equipped with one (1) dedicated legible, and permanent records of all count room activities. overhead camera covering the transactions pertaining to gaming (11) A periodic inspection of the transaction area; and revenue and activities for operational surveillance systems must be (iii) The cage or vault area in which accountability. conducted. When a malfunction of the fill and credit transactions occur must (2) Prepares general accounting surveillance system is discovered, the be monitored and recorded by a records on a double-entry system of malfunction and necessary repairs must dedicated camera or motion activated accounting, maintaining detailed, be documented and repairs initiated dedicated camera that provides coverage supporting, subsidiary records, and within seventy-two (72) hours. with sufficient clarity to identify the ensures the following activities are (i) If a dedicated camera malfunctions, chip values and the amounts on the fill performed: alternative security procedures, such as and credit slips. Controls provided by a (i) Record gaming activity transactions additional supervisory or security computerized fill and credit system in an accounting system to identify and agents, must be implemented constitute an adequate alternative to track all revenues, expenses, assets, immediately. viewing the amounts on the fill and liabilities, and equity; (ii) The TGRA must be notified of any credit slips. (ii) Record all markers, IOU’s, surveillance system and/or camera(s) (5) Count rooms: (i) The surveillance returned checks, held checks, or other that have malfunctioned for more than system must monitor and record with similar credit instruments; twenty-four (24) hours and the sufficient clarity a general overview of (iii) Record journal entries prepared alternative security measures being all areas where currency or coin may be by the gaming operation and by its implemented. stored or counted; and independent accountants; (c) Additional surveillance (ii) The surveillance system must (iv) Prepare income statements and requirements. With regard to the provide coverage of scales of sufficient balance sheets;

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(v) Prepare appropriate subsidiary count standards, player interface independent accountant, the ledgers to support the balance sheet; financial instrument count standards, Commission, and/or the TGRA. The (vi) Prepare, review, and maintain and controlled keys; verification must be performed within accurate financial statements; (ix) Cage, vault, cash and cash six (6) months following the date of (viii) Prepare transactions in equivalent procedures, including notification. accordance with management’s general supervision, cash and cash equivalents, (d) Annual requirements. (1) Agreed and specific authorization only; personal checks, cashier’s checks, upon procedures. A CPA must be (ix) Record transactions to facilitate traveler’s checks, payroll checks, and engaged to perform an assessment to proper recording of gaming revenue and counter checks, cage and vault verify whether the gaming operation is fees, and to maintain accountability of accountability, kiosks, patron deposited in compliance with these MICS, and/or assets; funds, promotional payouts, drawings, the TICS or SICS if they provide at least (x) Compare recorded accountability and giveaway programs, chip and token the same level of controls as the MICS. for assets to actual assets at periodic standards, and cage and vault access; The assessment must be performed in intervals, and take appropriate action (x) Information technology, including accordance with agreed upon with respect to any discrepancies; supervision, class II gaming systems’ procedures and the most recent versions (xi) Segregate functions, duties, and logical and physical controls, responsibilities in accordance with of the Statements on Standards for independence, physical security, logical Attestation Engagements and Agreed- sound business practices; security, user controls, installations (xii) Prepare minimum bankroll Upon Procedures Engagements and/or modifications, remote access, (collectively ‘‘SSAEs’’), issued by the calculations; and incident monitoring and reporting, data (xiii) Maintain and preserve all American Institute of Certified Public back-ups, software downloads, and Accountants. financial records and relevant verifying downloads; supporting documentation. (xi) Accounting standards, including (2) The tribe must submit two copies (c) Internal audit. Controls must be accounting records, maintenance and of the agreed-upon procedures report to established and procedures preservation of financial records and the Commission within 120 days of the implemented to ensure that: relevant supporting documentation. gaming operation’s fiscal year end in (1) Internal auditor(s) perform audits (2) Internal auditor(s) are independent conjunction with the submission of the of each department of a gaming of gaming operations with respect to the annual financial audit report required operation, at least annually, to review departments subject to audit (auditors pursuant to 25 CFR part 571. compliance with TICS, SICS, and these internal to the operation, officers of the (3) Review of internal audit.(i) The MICS, which include at least the TGRA, or outside CPA firm may CPA must determine compliance by the following areas: perform this function). gaming operation with the internal audit (i) Bingo, including supervision, (3) Internal auditor(s) report directly requirements in paragraph (d) above by: bingo cards, bingo card sales, draw, to the Tribe, TGRA, audit committee, or prize payout; cash and equivalent other entity designated by the Tribe. (A) Completing the internal audit controls, technological aids to the play (4) Documentation such as checklists, checklist; of bingo, operations, vouchers, and programs, reports, etc. is prepared to (B) Ensuring that the internal auditor revenue audit procedures; evidence all internal audit work and completed checklists for each gaming (ii) Pull tabs, including, supervision, follow-up performed as it relates to department of the operation; pull tab inventory, pull tab sales, compliance with TICS, SICS, and these (C) Verifying that any areas of non- winning pull tabs, pull tab operating MICS, including all instances of compliance have been identified; funds, statistical records, and revenue noncompliance. audit procedures; (5) Audit reports are maintained and (D) Ensuring that audit reports are (iii) Card games, including made available to the Commission upon completed and include responses from supervision, exchange or transfers, request and must include the following management; and playing cards, shill funds, reconciliation information: (E) Verifying that appropriate follow- of card room bank, posted rules, and (i) Audit objectives; up on audit findings has been promotional progressive pots and pools; (ii) Audit procedures and scope; conducted and necessary corrective (iv) Gaming promotions and player (iii) Findings and conclusions; measures have been taken to effectively tracking procedures, including (iv) Recommendations, if applicable; mitigate the noted risks. supervision, gaming promotion rules and (ii) If the CPA determines that the and player tracking systems; (v) Management’s response. (v) Complimentary services or items, (6) All material exceptions resulting internal audit procedures performed including procedures for issuing, from internal audit work are during the fiscal year have been authorizing, redeeming, and reporting investigated and resolved and the properly completed, the CPA may rely complimentary service items; results are documented. on the work of the internal audit for the (vi) Patron deposit accounts and (7) Internal audit findings are reported completion of the MICS checklists as cashless systems procedures, including to management, responded to by they relate to the standards covered by supervision, patron deposit accounts management stating corrective measures this part. and cashless systems, as well as patron to be taken, and included in the report (4) Report format. The SSAEs are deposits, withdrawals and adjustments; delivered to management, the Tribe, applicable to agreed-upon procedures (vii) Lines of credit procedures, TGRA, audit committee, or other entity engagements required in this part. All including establishment of lines of designated by the Tribe for corrective noted instances of noncompliance with credit policy; action. the MICS and/or the TICS or SICS, if (viii) Drop and count standards, (8) Follow-up observations and they provide the same level of controls including supervision, count room examinations must be performed to as the MICS, must be documented in the access, count team, card game drop verify that corrective action has been report with a narrative description, the standards, player interface and financial taken regarding all instances of non- number of exceptions and sample size instrument drop standards, card game compliance cited by internal audit, the tested.

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§ 543.24 What are the minimum internal made for each promotional progressive (7) Lines of credit. (i) At least three (3) control standards for revenue audit? pot and pool. This reconciliation must times per year, an agent independent of (a) Independence. Audits must be be sufficiently documented, including the cage, credit, and collection functions performed by agent(s) independent of substantiation of differences, must perform all of the following: the transactions being audited. adjustments, etc. (A) Select a sample of line of credit (b) Documentation. The performance (ii) At least monthly, review all accounts; of revenue audit procedures, the payouts for the promotional progressive (B) Ascertain compliance with credit exceptions noted, and the follow-up of pots, pools, or other promotions to limits and other established credit all revenue audit exceptions must be determine proper accounting treatment issuance procedures; documented and maintained. and that they are conducted in (C) Reconcile outstanding balances of (c) Controls must be established and accordance with conditions provided to both active and inactive (includes write- procedures implemented to audit of the customers. offs and settlements) accounts on the each of the following operational areas: (iii) At least weekly, reconcile all accounts receivable listing to individual (1) Bingo. (i) At the end of each contest/tournament entry and payout credit records and physical instruments. month, verify the accuracy of the ending forms to the dollar amounts recorded in This procedure need only be performed balance in the bingo control log by the appropriate accountability once per year for inactive accounts; and reconciling it with the bingo paper document. (D) Examine line of credit records to inventory. Investigate and document (4) Gaming promotions and player determine that appropriate collection any variance noted. tracking. (i) At least monthly, perform efforts are being made and payments are (ii) Daily, recalculate supporting procedures to ensure that promotional being properly recorded. records and documents to reconcile to payments, drawings, and giveaway (ii) On at least five (5) days per summarized paperwork (e.g. total sales programs are conducted in accordance month, subsequently reconcile partial and payouts per shift and/or day). with information provided to the payment receipts to the total payments (iii) At least monthly, review customers. recorded by the cage for the day and variances related to bingo accounting (ii) At least one day per quarter, for account for the receipts sequentially. data, which must include, at a computerized player tracking systems, (iii) At least monthly, perform an minimum, any variance noted by the perform the following procedures: evaluation of the collection percentage Class II gaming system for cashless (A) Review all point addition/deletion of credit issued to identify unusual transactions in and out, electronic funds authorization documentation, other than trends. transfer in and out, external bonus for point additions/deletions made (8) Drop and count. (i) At least payouts, vouchers out and coupon through an automated process, for quarterly, unannounced currency promotion out. Investigate and propriety; counter and currency counter interface document any variance noted. (B) Review exception reports, (iv) At least monthly, review (if applicable) tests must be performed, including transfers between accounts; statistical reports for any deviations and the test results documented and and from the mathematical expectations maintained. All denominations of exceeding a threshold established by the (C) Review documentation related to currency and all types of cash out TGRA. Investigate and document any access to inactive and closed accounts. tickets counted by the currency counter deviations compared to the (iii) At least annually, all must be tested. This test may be mathematical expectations required to computerized player tracking systems performed by internal audit or the be submitted per § 547.4. (in-house developed and purchased TGRA. The result of these tests must be (v) At least monthly, take a random systems) must be reviewed by personnel documented and signed by the agent or sample, foot the vouchers redeemed and independent of the individuals that set agents performing the test. trace the totals to the totals recorded in up or make changes to the system (ii) At least quarterly, unannounced the voucher system and to the amount parameters. The review must be weigh scale and weigh scale interface (if recorded in the applicable cashier’s performed to determine that the applicable) tests must be performed, and accountability document. configuration parameters are accurate the test results documented and (2) Pull tabs. (i) Daily, verify the and have not been altered without maintained. This test may be performed amount of winning pull tabs redeemed appropriate management authorization by internal audit or the TGRA. The each day. (e.g., player tracking system—verify the result of these tests must be documented (ii) At the end of each month, verify accuracy of the awarding of points and signed by the agent or agents the accuracy of the ending balance in based on the dollar amount wagered). performing the test. the pull tab control by reconciling the Document and maintain the test results. (iii) For computerized key security pull tabs on hand. Investigate and (5) Complimentary services or items. systems controlling access to drop and document any variance noted. At least monthly, review the reports count keys, perform the following (iii) At least monthly, compare for required in § 543.13(d). These reports procedures: reasonableness the amount of pull tabs must be made available to the Tribe, (A) At least quarterly, review the sold from the pull tab control log to the TGRA, audit committee, other entity report generated by the computerized amount of revenue recognized. designated by the Tribe, and the key security system indicating the (iv) At least monthly, review Commission, upon request. transactions performed by the statistical reports for any deviations (6) Patron deposit accounts. (i) At individual(s) that adds, deletes, and exceeding a specified threshold, as least weekly, reconcile patron deposit changes users’ access within the system defined by the TGRA. Investigate and account liability (deposits ± (i.e., system administrator). Determine document any large and unusual adjustments¥withdrawals = total whether the transactions completed by fluctuations noted. account balance) to the system record. the system administrator provide (3) Card games. (i) Daily, reconcile the (ii) At least weekly, review manual adequate control over the access to the amount indicated on the progressive increases and decreases to/from player drop and count keys. Also, determine sign/meter to the cash counted or deposit accounts to ensure proper whether any drop and count key(s) received by the cage and the payouts adjustments were authorized. removed or returned to the key cabinet

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by the system administrator was adjustments to the liability account games; amend standards for test labs; properly authorized; including any adjustments for chip/ remove references to the Federal (B) At least quarterly, review the token float. Communications Commission and report generated by the computerized (vi) At least monthly, review a sample Underwriters Laboratory; require a key security system indicating all of returned checks to determine that the player interface to display a serial transactions performed to determine required information was recorded by number and date of manufacture; amend whether any unusual drop and count cage personnel when the check was requirements concerning approval of key removals or key returns occurred; cashed. downloads to a Class II gaming system; and (vii) At least monthly, review establish mandatory tests for random (C) At least quarterly, review a sample exception reports for all computerized number generators; amend the of users that are assigned access to the cage systems for propriety of requirements for scaling algorithms and drop and count keys to determine that transactions and unusual occurrences. scaled numbers; and clarify the term their access to the assigned keys is The review must include, but is not ‘‘alternate standard.’’ adequate relative to their job position. limited to, voided authorizations. All DATES: The agency must receive (iv) At least quarterly, an inventory of noted improper transactions or unusual comments on or before July 31, 2012. all controlled keys must be performed occurrences identified must be ADDRESSES: You may submit comments and reconciled to records of keys made, investigated and the results by any one of the following methods, issued, and destroyed. Investigations documented. however, please note that comments must be performed for all keys (viii) Daily, reconcile all parts of sent by electronic mail are strongly unaccounted for, and the investigation forms used to document increases/ encouraged. documented. decreases to the total cage inventory, ∑ Email comments to: (9) Cage, vault, cash, and cash investigate any variances noted, and [email protected]. equivalents. (i) At least monthly, the document the results of such ∑ Mail comments to: National Indian cage accountability must be reconciled investigations. Gaming Commission, 1441 L Street to the general ledger. (10) Accounting. (i) At least monthly, NW., Suite 9100, Washington, DC (ii) On at least one day each month, verify receipt, issuance, and use of trace the amount of cage deposits to the 20005. controlled inventory, including, but not ∑ Hand deliver comments to: 1441 L amounts indicated in the bank limited to, bingo cards, pull tabs, Street NW., Suite 9100, Washington, DC statements. playing cards, keys, pre-numbered and/ (iii) On at least two days each year, a 20005. or multi-part forms, etc. ∑ Fax comments to: National Indian count must be performed of all funds in (ii) Periodically perform minimum Gaming Commission at 202–632–0045. all gaming areas (i.e. cages, vaults, and bankroll calculations to ensure that the FOR FURTHER INFORMATION CONTACT: booths (including reserve areas), kiosks, gaming operation maintains cash in an cash-out ticket redemption machines, amount sufficient to satisfy the gaming National Indian Gaming Commission, and change machines. Count all chips operation’s obligations. 1441 L Street NW., Suite 9100, and tokens by denomination and type. Washington, DC 20005. Telephone: Count individual straps, bags, and § 543.25–543.49 [Reserved] 202–632–7009; email: [email protected]. imprest banks on a sample basis. Trace Dated this 22nd of May, 2012. SUPPLEMENTARY INFORMATION: all amounts counted to the amounts Tracie L. Stevens, recorded on the corresponding Chairwoman. I. Comments Invited accountability forms to ensure that the proper amounts are recorded. Maintain Steffani A. Cochran, Interested parties are invited to documentation evidencing the amount Vice-Chairwoman. participate in this proposed rulemaking counted for each area and the Daniel J. Little, by submitting such written data, views, or arguments as they may desire. subsequent comparison to the Commissioner. Comments that provide the factual basis corresponding accountability form. The [FR Doc. 2012–12991 Filed 5–31–12; 8:45 am] count must be completed within the supporting the views and suggestions BILLING CODE 7565–01–P same gaming day for all areas. presented are particularly helpful in (A) Counts must be observed by an developing reasoned regulatory individual independent of the DEPARTMENT OF THE INTERIOR decisions on the proposal. department being counted. It is II. Background permissible for the individual National Indian Gaming Commission responsible for the funds to perform the The Indian Gaming Regulatory Act actual count while being observed. 25 CFR Part 547 (IGRA or Act), Public Law 100–497, 25 (B) Internal audit may perform and/or U.S.C. 2701 et seq., was signed into law observe the two counts. RIN 3141–AA27 on October 17, 1988. The Act (iv) At least annually, select a sample establishes the NIGC and sets out a of invoices for chips and tokens Technical Standards comprehensive framework for the purchased, and trace the dollar amount AGENCY: National Indian Gaming regulation of gaming on Indian lands. from the purchase invoice to the Commission. On October 8, 2008, the NIGC published accountability document that indicates ACTION: Proposed rule. a final rule in the Federal Register the increase to the chip or token called Technical Standards for inventory to ensure that the proper SUMMARY: The National Indian Gaming Electronic, Computer, or Other dollar amount has been recorded. Commission (NIGC) proposes to amend Technologic Aids Used in the Play of (v) At each business year end, create its technical standards to change the Class II Games. 73 FR 60508. The rule and maintain documentation evidencing order of the first five sections; add added a new part to the Commission’s the amount of the chip/token liability, definitions and amend existing regulations establishing a process for the change in the liability from the definitions; amend the requirements ensuring the integrity of electronic Class previous year, and explanations for concerning minimum odds for Class II II games and aids. The standards were

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designed to assist tribal gaming discussion draft adopted a number of long as it otherwise meets IGRA’s Class regulatory authorities and operators the TAC’s recommendations, such as II gaming definition. The Commission with ensuring the integrity and security moving requirements that more reiterates that this rule does not classify of Class II gaming, the accountability of appropriately belong to the Minimum games for purposes of IGRA. The rule Class II gaming revenue, and provide Internal Control Standards found at 25 assumes that the games played are Class guidance to equipment manufacturers CFR part 543. II games. This rule establishes a process and distributors of Class II gaming After publishing the discussion draft, for ensuring the integrity and security of systems. The standards do not classify the Commission conducted Class II games and an accounting of which games are class II and which consultations in Mayetta, KS and San Class II revenue. games are class III. Diego, CA. In addition to tribal On November 18, 2010, the NIGC consultations, the Commission B. Regulation Organization issued a Notice of Inquiry and Notice of requested public comment on the Sections 547.2 through 547.5 of the Consultation advising the public that discussion draft. The consultations, current regulation have been the NIGC has endeavored to conduct a combined with the written comments, reorganized for clarity. The Definitions comprehensive review of its regulations have proven invaluable to the section has been moved from § 547.3 to and requesting public comment on Commission as it addresses the NIGC’s § 547.2. Section 547.3 of the proposed which were most in need of revision, in technical standards. rule has been renamed, Who is what order the Commission should While the comments were generally responsible for implementing these review its regulations, and the process supportive of the discussion draft, standards?, and incorporates provisions NIGC should utilize to make revisions. comments indicated several specific from §§ 547.2 and 547.5 of the current 75 FR 70680. On April 4, 2011, after areas of concern. After considering the regulation. Section 547.4 of the consulting with tribes and reviewing all comments received, the Commission proposed rule is titled What are the comments, the NIGC published a Notice proposes the following amendments to rules of general application for this of Regulatory Review Schedule (NRR) the part 547 technical standards. part?, and was moved from § 547.5 of the current regulation. Finally, § 547.5 setting out a consultation schedule and A. General Comments process for review. 76 FR 18457. Part of the proposed rule, How does a tribal 547 was included in the third regulatory One commenter requested government or TGRA comply with this group reviewed pursuant to the NRR. clarification of the NIGC’s authority to part?, was moved from 547.4 of the implement these standards and its current regulation. The NIGC included III. Development of the Proposed Rule authority to enforce the standards. IGRA these changes in the discussion draft On July 8, 2011, the Commission gives the Commission the authority to and received no comments supporting began a series of tribal consultations on adopt these technical standards. or opposing these changes. part 547. Based in part on the Congress was expressly concerned that One commenter, however, asserted recommendations to the Commission gaming under IGRA be ‘‘conducted that the order of later sections is during consultations, on August 10, fairly and honestly by both the operator confusing and recommended that the 2011, the Commission requested tribes and players’’ and ‘‘to ensure that the Commission change the part to the to nominate tribal representatives to Indian tribe is the primary beneficiary of following order: Hardware, Software, serve on a Tribal Advisory Committee the gaming operation.’’ 25 U.S.C. System Components, Installation/ (TAC) to assist the Commission in 2702(2). The technical standards are Downloading, and, finally, drafting changes to parts 543 and these designed to ensure that these concerns Grandfathering. The Commission technical standards. The Commission are addressed. These standards declines to adopt this suggestion. The then selected fifteen tribal implement the authority granted the Commission believes that the regulation representatives. The members of the Commission to monitor, inspect, and is clear as currently arranged. TAC include a diverse group of examine Class II gaming, 25 U.S.C. A commenter also took issue with the regulators, tribal leaders, and subject 2706(b)(1)–(4), and to promulgate such use of the word wager, suggesting that matter experts. regulations as it deems appropriate to the term purchase or sale be used Beginning on October 20, 2011, the implement the provisions of IGRA. 25 instead. The Commission declines to TAC held four meetings in which the U.S.C. 2706(b)(10). adopt this recommendation. The terms Commission participated. All of the Another commenter asked the sale and purchase do not adequately meetings were open to the public and Commission to make clear that tribal address Class II games outside of bingo, three of the four were transcribed. Those facilities cannot engage in gambling while wager encompasses all Class II transcripts can be viewed on the NIGC’s activities that are illegal under state law. gaming. Web site. During the meetings, the TAC The Commission declines to do so. A and NIGC discussed all aspects of the tribe may engage in Class II gaming on C. Definitions technical standards, with the NIGC Indian lands within its jurisdiction if This proposed rule adds definitions to participating and providing assistance. the gaming is located within a state that § 547.2 and proposes amendments to a As a result of those meetings the TAC permits such gaming for any purpose, number of existing definitions. Some submitted a proposed part 547 by any person, organization or entity, changes were first proposed in the regulation to the Commission. and the tribe adopts a gaming ordinance discussion draft, while others are The Commission appreciates the approved by the NIGC Chair. 25 U.S.C. proposed based on comments received TAC’s deliberation and work product, 2710(b)(1). So long as a state permits the on the discussion draft. The discussion which consisted of the TAC’s proposed game of bingo, regardless of the state’s draft suggested adding definitions for part 547. Upon reviewing the TAC’s definition of the game, an Indian tribe Patron and Proprietary Class II System recommendation, and taking into within that state may also play bingo as Component. The Commission received consideration comments received defined in IGRA. Accordingly, tribes are no comments on the definition of through tribal consultations, the not bound to state definitions of the Patron, which was carried over to this Commission published a discussion game of bingo. If, for example, a state proposed rule. Several commenters, draft of the amended technical permits paper bingo only, a tribe within however, urged the Commission to standards on its Web site. The that state may play electronic bingo so remove the definition of Proprietary

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Class II System Component on the and incorporates provisions that were regulation, must be read as a whole, grounds that the term is not used previously located in other sections. rather than piecemeal. As the comments elsewhere in part 547. Several commenters advocate mentioned, when read in context, the The Commission agrees with the changing § 547.3(a) to reflect that provision is understandable. The commenters and has removed the TGRAs are the primary regulators of proposed rule, therefore, does not definition of Proprietary Class II System Indian Gaming. The comments stated include this recommended change. Component. The intended purpose of that the current language recognizing Another commenter asked that the the definition was to distinguish the that TGRAs ‘‘also regulate Class II Commission amend the regulation to common back of the house component gaming’’ is inconsistent with IGRA and clarify that these standards do or do not systems that communicate with all of NIGC statements. As support, the apply to various specific types of games. the Class II gaming systems, regardless commenters point to 25 U.S.C. 2701(5), The Commission declines to do so, as it of the manufacturer, from those which states that ‘‘Indian tribes have the believes that § 547.3(c) makes clear that components that work exclusively with exclusive right to regulate gaming the regulated community need only one manufacturer’s Class II system. On activity on Indian lands * * *.’’ The adhere to those standards that apply to review of the standards, the commenters also note that the NIGC has a Class II gaming system. repeatedly recognized that tribes are the Commission has concluded that this E. Minimum Odds definition is not necessary and has led primary regulators of Indian gaming in The discussion draft amended the to confusion. Therefore, it is not the preamble to the current regulation. minimum odds requirement found in included in the proposed rule. For the The commenters are correct that tribes § 547.5(c) of the current regulation. same reasons, the Commission has not are the primary regulators of Indian Instead of requiring minimum odds, the included the word proprietary in the gaming. The Commission has never discussion draft, at § 547.16, required definitions of Cashless system and understood that to mean, however, that the system display a disclaimer Voucher system. the regulatory authority of a TGRA is superior to that of the NIGC. Rather, the notifying the patron if the odds of Several commenters also suggested Commission recognizes that TGRAs are winning a game exceed 100 million to that the Commission revise the the day-to-day regulators of Indian one. definition of Reflexive software to gaming and the first line of oversight at Several commenters supported the clarify that the harm with such software every facility. Although the findings discussion draft’s approach of removing is the denial of a prize to which the section of IGRA states that tribes have the minimum odds requirement, but player is otherwise entitled based on the the exclusive right to regulate gaming were unanimous in recommending random outcome of the game. The activity on Indian lands, IGRA also against requiring the odds notification Commission declines to revise the establishes a regulatory scheme that added to § 547.16. Some commenters definition in this way. Although the includes the NIGC as well as tribes. stated that the provision is unnecessary, denial of a prize is one harm associated Another commenter suggested adding as the standards already require the with reflexive software, the definition of a provision that ‘‘nothing in this part is facility to display game rules and prize Reflexive software is also concerned intended to diminish TGRA authority.’’ schedules. Others objected to the with the potential manipulation of the The Commission did not adopt this requirement on the grounds that it will outcome of a game to award a prize. recommendation. The Commission create an unfair market advantage for Commenters also recommended that believes that the standards clearly state games that do not need to display the the Commission amend the definition of that a TGRA is free to implement stricter notice. Another commenter suggested Agent to permit the use of computer standards than those found in this part. that the odds notification requirement applications to perform the function(s) It may not, however, implement will make all existing Class II gaming of an agent. The proposed rule does not standards that are less stringent than systems non-compliant because no include this proposed amendment. The those found here. existing player interface conforms to term ‘‘computer applications’’ is Many commenters expressed this requirement. One commenter undefined and potentially broad. Any confusion over § 547.3(c). This section submitted that the notice serves no hardware that is under the control of an makes clear that, if a provision of part purpose because it does not actually agent is exempt from the testing 547 is applicable to a facility’s Class II inform the patron of anything. Another requirements of this part, and thus gaming system, the Class II gaming commenter, though in opposition to the amending the definition of Agent in this system must comply with that requirement generally, recommended manner potentially would exempt provision. Inversely, a Class II gaming that the disclaimer be moved to the help hardware that is subject to testing system does not need to meet standards screen. requirements such as financial that do not apply to the system. The first The proposed rule includes a instrument acceptors, financial sentence of the sub-section states that modified version of the notification instrument dispensers, etc. ‘‘gaming equipment and software used requirement. The notification need not In response to other comments, the with Class II gaming systems must meet be continually displayed and may, for Commission has added definitions for all applicable requirements of this part.’’ example, be included on the help screen Advertised top prize, Audit mode, As an example, the second sentence or with the rules and prize schedule for Enroll, and Unenroll. The Commission clarifies that if a Class II gaming system the game. The Commission included the has also reinserted the definition of lacks the ability to print or accept requirement primarily out of fairness to Electrostatic discharge and, at the vouchers, any standards governing the player. Although one commenter suggestion of one commenter, amended vouchers do not apply. Commenters suggested that the notification does not the definition of Electromagnetic noted that this provision is clear when actually tell the player anything, the interference. the two sentences are read together, but Commission disagrees. The notification confusing when read separately. informs the player that the odds of D. Who is responsible for implementing The Commission believes that the winning a top prize exceed 100 million these standards? provision is understandable as written to one. The Commission rejects the As with the discussion draft, § 547.3 and informs the public that this argument that requiring the odds of the proposed rule has been renamed provision, as well as the rest of the notification will render all Class II

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gaming systems non-compliant. of the technical standards. Therefore, to grandfathering provisions as described Currently, no Class II game is permitted avoid any potentially significant below. Therefore, the Commission to have odds greater than 100 million to economic and practical consequences of requests the public to provide specific 1. Therefore, that provision should not requiring immediate compliance, the facts and information relating to the apply to any Class II games in the Commission implemented a five-year following potential changes to the marketplace currently. ‘‘grandfather period’’ for eligible gaming provision, views on which approach Finally, § 547.4 of the proposed rule systems. The Commission believed that will best maintain the integrity of Indian requires the test lab certifying the game a five year period was sufficient for gaming, and, specifically, answers to the to calculate and/or verify mathematical market forces to move equipment questions below: expectations and report its calculations toward compliance with the standards. Duration of the ‘‘sunset clause.’’ The to the TGRA. At the request of the To qualify as a grandfathered game Commission is considering amending TGRA, the manufacturer must also pursuant to the current regulations, a the duration of the grandfather submit mathematical expectations to gaming system must have been provision in § 547.4(b)(1) by extending TGRA. This requirement was part of the submitted to a testing laboratory within the period for an additional three to five discussion draft, and the comments 120 days of November 10, 2008. The years or removing the period. In order received support its inclusion. testing laboratory must have then to make a well-informed, considered reviewed the gaming system for F. Approval and Game Function decision, the Commission requests the compliance with a specific, minimum public to provide responses to the Section 547.4(b) of the proposed rule set of requirements, and have issued a following questions: requires that all gaming equipment and report to the applicable TGRA, which 1. How many Class II gaming systems software operated at a facility be must have then approved the gaming will be affected if the current date of identical to that tested by a test lab and system for grandfather status. At the end November 10, 2013 is extended or approved by the TGRA. Some of the five year period—November 10, eliminated? commenters recommended removing 2013—the grandfathered systems must 2. What would be the regulatory and the requirement that ‘‘unapproved be brought in to compliance with the other impacts of extending the period by software must not be loaded onto or requirements of Part 547 or removed three to five years past November 10, stored on any program storage medium from play. 2013? used in a class II gaming system * * *.’’ The Commission received several The 120-day deadline to submit to a The commenters suggested that this comments on the grandfathering testing lab. The Commission is provision is a control standard better provisions, the majority of which considering amending the 120-day located in the Class II Minimum Internal focused on the five year duration. Many submission period in § 547.4(a)(1) by Control Standards found at 25 CFR part comments suggested that the allowing a limited submission period 543. The Commission agrees and has Commission remove the five year for those systems that did not meet the moved the requirement from the clause, effectively creating a permanent original 120-day deadline for proposed technical standards, and has class of grandfathered games. Comments submission of the gaming system to the included it in proposed amendments to reasoned that making no amendments to lab. part 543. the current regulation would cause 1. How many Class II gaming systems Commenters also suggested the economic hardship to some tribes, could be potentially submitted to labs if Commission review § 547.4(c). The although the Commission received no the 120-day period is modified? section requires that all Class II gaming specific information indicating what, if 2. What would be the regulatory and systems perform according to the any, economic hardship tribes would other impacts of allowing a limited manufacturer’s design and operating incur. submission period for those systems specifications. The commenter noted This proposed rule does not include that did not meet the original deadline? that the provision is odd, as there is no any substantive changes to the Modifications. The Commission is requirement that a manufacturer submit grandfathering provisions because the considering amending the section by this information to the TGRA or test lab. comments received by the Commission eliminating the five year period in The Commission declines to remove on the preliminary draft did not provide § 547.4(b)(1) and instead requiring that the requirement. The Commission facts to support any change to this all future repairs, replacements, and realizes that no other section of these section. The Commission invites modifications to current grandfathered standards requires a manufacturer to comment that provides data and the Class II gaming systems be fully submit the operating and design factual basis supporting the views and compliant with the standards specifications. However, the purpose of suggestions regarding the grandfathering established in part 547. the section is to affirm the TGRA’s provisions. For example, the 1. If part 547 were amended in this authority to ensure that the Class II Commission requests specific fashion to apply only to all gaming system operates as the information on what provisions in part modifications, what specific impacts manufacturer represents. This provision 547, if any, prevent compliance for would the amendment have on tribal provides an additional basis for a TGRA current grandfathered Class II gaming gaming operations? to require this information. systems, and why? Such information is 2. If part 547 were amended in this particularly helpful in developing fashion to apply to all repairs, G. Grandfathered Games reasoned regulatory decisions. replacements and modifications to When implemented in 2008, the part Although the proposed rule does not grandfathered Class II gaming systems, 547 technical standards introduced include any substantive changes to the what specific impacts would the several new requirements for Class II grandfathering provisions, the amendment have on tribal gaming gaming systems designed to protect the Commission is considering whether operations? security and integrity of Class II gaming substantive amendments are Comments also suggested that placing systems and tribal operations. The appropriate. Based on information a sunset period on grandfathered Commission understood, however, that received during this comment period, systems would invalidate federal court some existing Class II gaming systems the Commission may issue a final rule decisions sanctioning the games. The might not meet all of the requirements that amends all or parts of the commenters have not cited to any

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particular cases in support of this certified as grandfathered based on the tribally-owned or affiliated test comment and, as a result, the requirements in the current 547 remains laboratory be independent from the Commission cannot directly address any certified. manufacturer and gaming operator for decisions or arguments alluded to in the This change also resolves comments whom it is providing testing. comments. However, the Commission recommending that the Commission The discussion draft also amended notes that this provision does not bear insert language clarifying that nothing § 547.7 of the current regulation on the classification of a game as Class in the rule is intended to prohibit the requiring certifications from II or Class III. The provision requires continued use of any Class II gaming Underwriter’s Laboratory (UL) or its only that, for any Class II game to be component that was previously certified equivalent regarding liquid spills, available for play, the game must have against the grandfather provisions or electromagnetic interference, etc. The been certified as a grandfathered Class judicial ruling. If a component was discussion draft added a provision at II gaming system or comply with the grandfathered, it may be used pursuant § 547.5(c)(4) requiring a testing standards in part 547, and that systems to the grandfathering provisions found laboratory’s report to certify that the must comply with all standards in Part in this proposed rule. The Commission, operation of each interface will not be 547 by November 10, 2013. therefore, declines to include the affected by electrostatic discharge, In addition, comments stated that recommended language. liquid spills, electromagnetic protection of grandfathered systems is Further, comments have suggested interference, radio frequency necessary as part of compact that a requirement that a test lab certify interference, or any other risk identified negotiations. The Commission compliance with ‘‘any applicable by the TGRA. understands that Class II games are an federal laws and regulations’’ is too Comments regarding this change were important component of Indian gaming. inclusive. According to the commenters, generally positive. In expressing support However, part 547 is designed to protect it would not be feasible for a testing for the removal of the UL reference, a the security and integrity of Class II laboratory to review all federal laws and few commenters noted that the gaming. regulations to determine which ones are establishment and enforcement of Commenters also expressed concern applicable. electrical product safety standards falls over the discussion draft’s inclusion of The Commission agrees with the within the authority of tribal the phrase, ‘‘available for use at any comment, and believes that a TGRA is governments. Another comment tribal gaming facility’’ in § 547.5(a). in the best position to ensure claimed that the NIGC is not authorized Commenters read the provision to compliance with federal regulations that to establish or enforce electrical safety require that a grandfathered system apply to its gaming systems. As a result, standards and questioned the propriety must have been available for use on or the proposed rule includes a provision of an agency specifying a particular before November 10, 2008. This to require a test lab to note compliance laboratory to conduct such testing. interpretation was not intended by the with any standard established by the The Commission appreciates support Commission. The section was meant to TGRA. The Commission encourages for the removal of the reference to UL convey that before any Class II gaming TGRAs to use this provision to ensure and has kept the new language, with system manufactured prior to November compliance with federal standards that few changes, in this proposed rule. The 10, 2008, may be made available for use, apply to their Class II game systems, but Commission notes, however, that the it must meet the grandfathering fall outside of the NIGC’s purview. provision still requires player interfaces requirements. The Commission has Other commenters have expressed to be tested to ensure that they will not amended the provision accordingly. concern that a rule incorporating the be compromised or affected by listed In response to this comment, the discussion draft’s provisions will events and conditions. Rather than Commission also revisited the section’s require re-certification of otherwise requiring that the test lab itself perform requirement that the Class II gaming compliant systems. Because the the test and certify the Class II gaming system must have been manufactured or proposed rule does not make any system, the proposed rule instead placed in a tribal gaming facility before substantive changes to the grandfather requires the test lab to confirm that the November 10, 2008. The Commission provisions, any system compliant with system has been certified. realizes that the application of the the existing part 547 will also meet the Another commenter submitted that it requirement to systems that were standards outlined in this proposed is not clear that a testing laboratory can manufactured prior to November 10, rule. ‘‘certify’’ that the player interface will 2008 will necessarily include those not be compromised by ‘‘any other risk games that were placed in a tribal H. Testing Laboratories identified by the TGRA.’’ The NIGC facility, and has thus changed the Section 547.5(f) of the discussion agrees and the amendment proposes section. draft permitted a testing laboratory to that the test laboratory must confirm Other comments noted that the provide the testing and certification that each player interface was certified discussion draft’s grandfathering required by the standards even if owned pursuant to any other tests required by provision creates a catch-22 by requiring by, or affiliated with, a tribe, so long as the TGRA. software systems to have been it is independent from the manufacturer submitted for certification based on new and gaming operator for whom it is I. Player Interface standards contained in this draft. The providing testing. Comments on this Section 547.7(d) of the discussion Commission recognizes that the change were overwhelmingly draft added a requirement that the discussion draft’s requirement that supportive. One commenter, though, player interface display the serial grandfathered systems have the ability suggested that this change creates the number and date of manufacture. to enable or disable remote access perceived risk of a conflict of interest Several commenters suggested that use created a new standard and, as a result, and recommended no amendment to of the word ‘‘display’’ is confusing and may disqualify a previously properly this section. the provision should be changed to certified grandfathered system. The The proposed rule includes the require the player interface to ‘‘bear’’ the provision has, accordingly, not been amendment. The Commission believes serial number and date of manufacture. included in the proposed rule. Under that any perceived risk is mitigated by The Commission agrees that, when used this proposed rule, any game that was the section’s requirement that the in the context of a Class II gaming

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system, the word ‘‘display’’ could be change. Comments focused on the fact can, upon resumption, return to a understood to require the game screen that the entertaining display has no known state; check for any fault to show the information, rather than significance to the outcome of the game. condition; verify the integrity of data merely to require the information to be A few commenters, however, opposed stored in critical memory; return the located somewhere on the player this change. purchase or wager amount to the player interface. Therefore, the Commission One commenter suggested that the in accordance with the rules of the has changed § 547.7(d) to require that revision to 547.8(a)(2)(ii) would require game; and detect any change or the player interface ‘‘must be labeled the game display to ‘‘go blank’’ in corruption in the Class II gaming system with the serial number and date of between games. The Commission software. manufacture * * * .’’ The Commission respectfully disagrees. The standard, as One commenter stated that many of also notes that this change will be proposed, does not require a blank the requirements cannot be consistent with § 547.5(b)(6) of this screen. It still requires the player accomplished by Class II gaming proposed rule. interface to display the wager amount systems. The Commission disagrees. Another commenter urged the and all prizes and total credits won Class II gaming systems can meet this Commission to add a provision to during the last game played, the final standard. Further, the Commission § 547.7(k) specifying that ‘‘nothing results of the last game played, and any notes that this has been a requirement herein must prohibit or limit the default purchase or wager amount for since the current regulation went into technology utilized to run Class II the next play. effect in 2008 and all Class II gaming gaming systems.’’ The Commission Some commenters also objected to the systems, with the exception of believes that § 547.3(b) already makes discussion draft no longer requiring last grandfathered systems, should already this intent clear and, as such, declines game recall to include the entertaining meet this requirement. to incorporate this comment. display. The commenter noted that when a pay-table on a player interface M. Accounting Functions J. Game Initiation and Play indicates that certain combinations of Section 547.9 of the discussion draft Section 547.8(b) of the discussion symbols will result in certain prizes, a requires the Class II gaming system be draft requires a Class II gaming system player has a reasonable right to expect capable of tracking minimum follow and not deviate from a constant a prize if that combination of symbols accounting data. As part of this set of rules for each game. The provision appears on the pay line of the requirement, each type of financial also prohibits any automatic or ‘‘entertainment only’’ display. The instrument accepted and paid by the undisclosed rule changes. Several commenter asserts that if a game posts Class II gaming system must be tracked commenters recommended eliminating a prize schedule corresponding to the according to applicable Commission the words ‘‘automatic or.’’ The entertaining display instead of, or in and TGRA regulations governing Commission respectfully disagrees. Any addition to, the bingo card, and a prize minimum internal control standards. rule should be disclosed to the patron paying combination of symbols appears Some commenters pointed out that the prior to initiation of game play, and any in the entertaining display but no prizes TGRA requirements will necessarily rule change to the game must be are awarded, the integrity of the gaming include the Commission’s minimum disclosed to the patron. This section, system and reputation of the tribe may internal control standards and, as such, combined with § 547.16(a), ensures that be called into question. the references to the Commission the constancy of game rules for all game The Commission agrees that the should be deleted. The Commission features, including any bonus features. reputation of an operation is of utmost agrees and has changed the section Comments suggested that the importance and can reach beyond a accordingly. requirement in § 547.8(b) that a player particular facility to bolster or harm the ‘‘choose to participate in the play of a reputation of Indian gaming. However, N. Critical Events game,’’ is vague, not a technical the Commission respectfully disagrees. Section 547.10 of the current standard, and cannot be tested. The The game of bingo is dictated by the ball regulation and the discussion draft lists Commission agrees that this provision is draw and the bingo card, not the several types of fault events that must be not clear. The intent is to require that entertaining display. This is made clear recorded by the Class II gaming system. the player initiates game play. To by the disclaimer required by § 547.16 One commenter suggests that ‘‘financial clarify, the Commission changed the clarifying that actual prizes are storage component full’’ notification provision to read, ‘‘[n]o game play may determined by bingo play not the cannot be reported unless an operation commence unless initiated by a player.’’ entertaining display. For the technical is using ‘‘smart cans’’ with the Class II standards to require last game recall to gaming system. The commenter K. Entertaining Display include the entertaining display would recommends the standard be deleted, as Section 547.8 of the current technical incorrectly emphasize an aspect of the requiring compliance would be costly standards contains certain requirements game that has no bearing on its and there is no risk associated with a regarding the entertaining displays. outcome. can being full. Section 547.8(a)(2)(ii) requires that, The Commission also disagrees with The Commission declines to adopt between plays of any game, or until a the commenter’s assessment that if the this recommendation. The Commission new game option is selected, the player entertaining display indicates a win, the notes that this has been a requirement interface must display the final results patron should be paid regardless of the since the current technical standards for the last game, including the bingo results. Prizes should only be went into effect in 2008, and all Class entertaining display. Section awarded on Class II electronic bingo II gaming systems, with the exception of 547.8(d)(2), meanwhile, requires games if the patron has won according grandfathered systems, should already entertaining display be included in the to the bingo card. meet this standard. last game recall. The discussion draft removed L. Game Interruption and Resumption O. Download Approval references to entertaining displays from The current technical standards and This proposed rule removes the both of these sections. Nearly all of the the discussion draft require that if a requirement from § 547.12 that the comments expressed support for the Class II gaming system is interrupted, it TGRA authorize all downloads by a

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Class II gaming system. This change was this part, display the disclaimer, not any standard that allows a TGRA to submit first made in the discussion draft and specific part of the interface. So long as an approved standard for NIGC many commenters requested the disclaimer is located in a place that comment, and the discussion draft clarification that nothing prohibits the can be clearly seen by the public, as this standard, which required the alternate TGRA from maintaining the download standard clearly intends, it can be standard be submitted for NIGC approval requirement. As stated in located anywhere the interface that the approval. 547.3(a), the Commission recognizes TGRA allows. Although TGRAs have the authority that the TGRA regulates technical Another commenter suggests that the to implement stricter standards, these standards and, accordingly, may ‘‘continually display’’ requirement are NIGC’s minimum standards. Any implement stricter standards. Nothing presents a hardship, as it takes up space alternate standard, therefore, must be in this section prohibits the TGRA from on smaller devices such as bingo approved by the NIGC. A TGRA may requiring its approval of downloads. minders. The commenter also notes that still approve a standard in its TICS that the requirement will become wholly P. Scaling Algorithm is, at a minimum, as strict as these unworkable as technology advances to standards. Section 547.14 of the current the point where participants are able to regulation requires that a random use their own technology, such as a cell Regulatory Matters number generator (RNG) that provides phone, in the play of the game. Regulatory Flexibility Act output scaled to given ranges must use The Commission declines to an unbiased algorithm. According to the incorporate this suggestion into the The proposed rule will not have a regulation, a scaling algorithm is proposed rule. As recognized by significant impact on a substantial unbiased if the measured bias is no recommended drafts submitted to the number of small entities as defined greater than 1 in 100 million. The NIGC, including that presented by the under the Regulatory Flexibility Act, 5 discussion draft changed this TAC, the disclaimers are of critical U.S.C. 601, et seq. Moreover, Indian requirement to require the RNG to use importance, and, therefore, the Tribes are not considered to be small an unbiased algorithm and report any Commission believes that it is necessary entities for the purposes of the bias to the TGRA. The proposed rule that they be displayed somewhere on Regulatory Flexibility Act. includes this amendment. A few the player interface at all times. commenters propose re-inserting a range Small Business Regulatory Enforcement for measured bias on the grounds that R. Alternate Standards Fairness Act Finally, the discussion draft made requiring any bias to be reported could The proposed rule is not a major rule minor changes to § 547.17. Although the be an unworkable standard, but do not under 5 U.S.C. 804(2), the Small overall purpose of the section is the explain why the proposed standard is Business Regulatory Enforcement same, the discussion draft uses the term unworkable. Fairness Act. The rule does not have an ‘‘alternate standard’’ rather than The Commission also notes that the effect on the economy of $100 million ‘‘variance.’’ The Commission believes measured bias of 1 in 100 million or more. The rule will not cause a major that ‘‘alternate standard’’ more proved unworkable and required the increase in costs or prices for accurately reflects the activity covered Commission to issue bulletin number consumers, individual industries, by the standard. The change is also 2008–4 clarifying that the threshold for Federal, State, local government consistent with the proposed part 543 reporting a bias should instead be 1 in agencies or geographic regions. Nor will minimum internal control standards, 50 million. The Commission, therefore, the proposed rule have a significant which also uses ‘‘alternate standard’’ declines to implement the suggested adverse effect on competition, rather than ‘‘variance.’’ comment in this proposed rule and asks employment, investment, productivity, Although commenters were commenters to be more specific as to innovation, or the ability of the unanimously supportive of the change, why the requirement to report any bias enterprises, to compete with foreign a few asked that the standard be is unworkable. The Commission further based enterprises. asks for comments on what would be a changed to clarify that the TGRA can workable threshold. implement the alternate standard as Unfunded Mandate Reform Act soon as it is approved by the TGRA. Q. Disclaimers Section 547.17(b)(4) of the discussion The Commission, as an independent Section 547.16(b) of the current draft and this proposed rule prohibit an regulatory agency, is exempt from regulation requires the Class II gaming alternate standard from being compliance with the Unfunded system to continuously display two implemented until ‘‘it has been Mandates Reform Act, 2 U.S.C. 1502(1); disclaimers—first, that malfunctions approved by the TGRA * * * or the 2 U.S.C. 658(1). void all prizes and plays and the prizes Chair * * *.’’ The Commission believes Takings are determined by bingo play and that this language makes clear that an second, that any other display is for alternate standard may be implemented In accordance with Executive Order entertainment purposes only. Although upon TGRA approval and declines to 12630, the Commission has determined the discussion draft maintained this change the section further. that the proposed rule does not have requirement, the proposed rule now Another commenter suggested significant takings implications. A requires the ‘‘player interface,’’ rather clarifying the § 547.17(a)(2)(ii) takings implication assessment is not than the ‘‘Class II gaming system’’ to requirement that a TGRA submit to the required. display the disclaimers. Chair, ‘‘the alternate standard as granted Civil Justice Reform A few commenters suggested that the and the record on which it is based.’’ Commission should clarify that this The Commission intended this section In accordance with Executive Order change is not intended to require that to require the record upon which the 12988, the Commission has determined the disclaimers be displayed on the approval is based and has changed the that the proposed rule does not unduly video screen. The Commission agrees. language accordingly. burden the judicial system and meets The standard requires only that the One commenter also suggested the requirements of § 3(a) and 3(b)(2) of player interface, which is defined by finding a compromise between a the Order.

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National Environmental Policy Act Authority: 25 U.S.C. 2706(b). Coupon. A financial instrument of fixed wagering value, usually paper, The Commission has determined that § 547.1 What is the purpose of this part? that can only be used to acquire non- the proposed rule does not constitute a The Indian Gaming Regulatory Act, 25 major federal action significantly cashable credits through interaction U.S.C. 2703(7)(A)(i), permits the use of with a voucher system. This does not affecting the quality of the human electronic, computer, or other environment and that no detailed include instruments such as printed technologic aids in connection with the advertising material that cannot be statement is required pursuant to the play of Class II games. This part National Environmental Policy Act of validated directly by a voucher system. establishes the minimum technical Critical memory. Memory locations 1969, 42 U.S.C. 4321, et seq. standards governing the use of such storing data essential to the Paperwork Reduction Act aids. functionality of the Class II gaming The information collection § 547.2 What are the definitions for this system. requirements contained in this rule part? DLL. A Dynamic-Link Library file. Download package. Approved data were previously approved by the Office For the purposes of this part, the sent to a component of a Class II gaming of Management and Budget (OMB) as following definitions apply: system for such purposes as changing required by 44 U.S.C. 3501 et seq. and Account access component. A the component software. assigned OMB Control Number 3141– component within a Class II gaming DVD. Digital Video Disk or Digital 0007, which expired in August of 2011. system that reads or recognizes account Versatile Disk. The NIGC is in the process of reinstating access media and gives a patron the Enroll. The process by which a class that Control Number. ability to interact with an account. II gaming system identifies and Authority: 25 U.S.C. 2706(b). Account access medium. A magnetic establishes communications with an stripe card or any other medium Text of the Proposed Rule additional system component to allow inserted into, or otherwise made to for live gaming activity to take place on interact with, an account access PART 547—MINIMUM TECHNICAL that component. component in order to give a patron the STANDARDS FOR GAMING EPROM. Erasable Programmable Read ability to interact with an account. Only Memory—a non-volatile storage EQUIPMENT USED WITH THE PLAY Advertised top prize. The highest OF CLASS II GAMES chip or device that may be filled with single prize available based on data and information, that once written Sec. information contained in the prize is not modifiable, and that is retained 547.1 What is the purpose of this part? schedule. even if there is no power applied to the 547.2 What are the definitions for this part? Agent. A person authorized by the system. 547.3 Who is responsible for implementing gaming operation, as approved by the Electromagnetic interference. The these standards? TGRA, to make decisions or perform disruption of operation of an electronic 547.4 What are the rules of general tasks or actions on the behalf of the application for this part? device when it is in the vicinity of an gaming operation. electromagnetic field in the radio 547.5 How does a tribal government, TGRA, Audit mode. The mode where it is or tribal gaming operation comply with frequency spectrum that is caused by this part? possible to view Class II gaming system another electronic device. 547.6 What are the minimum technical accounting functions, statistics, etc. and Electrostatic discharge. A single standards for enrolling and enabling perform non-player-related functions. event, rapid transfer of electrostatic Class II gaming system components? Cancel credit. An action initiated by charge between two objects, usually 547.7 What are the minimum technical the Class II gaming system where some resulting when two objects at different hardware standards applicable to Class II or all of a player’s credits are removed potentials come into direct contact with gaming systems? by an attendant and paid to the player. 547.8 What are the minimum technical each other. Cashless system. A system that Fault. An event that when detected by software standards applicable to Class II performs cashless transactions and gaming systems? a Class II gaming system causes a 547.9 What are the minimum technical maintains records of those cashless discontinuance of game play or other standards for Class II gaming system transactions. component functions. accounting functions? Cashless transaction. A movement of Financial instrument. Any tangible 547.10 What are the minimum standards for funds electronically from one item of value tendered in Class II game Class II gaming system critical events? component to another. CD–ROM. play, including, but not limited to, bills, 547.11 What are the minimum technical Compact Disc—Read Only Memory. coins, vouchers and coupons. standards for money and credit Chair. The Chair of the National Indian Financial instrument acceptor. Any handling? Gaming Commission. component that accepts financial 547.12 What are the minimum technical Class II gaming. Class II gaming has standards for downloading on a Class II instruments, such as a bill validator. gaming system? the same meaning as defined in 25 Financial instrument dispenser. Any 547.13 What are the minimum technical U.S.C. 2703(7)(A). component that dispenses financial standards for program storage media? Class II gaming system. All instruments, such as a ticket printer. 547.14 What are the minimum technical components, whether or not technologic Financial instrument storage standards for electronic random number aids in electronic, computer, component. Any component that stores generation? mechanical, or other technologic form, financial instruments, such as a drop 547.15 What are the minimum technical that function together to aid the play of box. standards for electronic data one or more Class II games, including Flash memory. Non-volatile memory communications between system accounting functions mandated by these that retains its data when the power is components? 547.16 What are the minimum standards for regulations. turned off and that can be electronically game artwork, glass, and rules? Commission. The National Indian erased and reprogrammed without being 547.17 How does a TGRA apply to Gaming Commission established by the removed from the circuit board. implement an alternate standard to those Indian Gaming Regulatory Act, 25 Game software. The operational required by this part? U.S.C. 2701 et seq. program or programs that govern the

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play, display of results, and/or awarding be performed on the Class II gaming laboratory’s report to the TGRA. At the of prizes or credits for Class II games. system hardware and software. request of the TGRA, the manufacturer Gaming equipment. All electronic, Testing laboratory. An organization must also submit the mathematical electro-mechanical, mechanical, or recognized by a TGRA pursuant to expectations of the game play to the other physical components utilized in § 547.5(f). TGRA. the play of Class II games. TGRA. Tribal gaming regulatory (b) Approved equipment and software Hardware. Gaming equipment. authority, which is the entity authorized only. All gaming equipment and Interruption. Any form of mis- by tribal law to regulate gaming software used with Class II gaming operation, component failure, or conducted pursuant to the Indian systems must be identical in all respects interference to the Class II gaming Gaming Regulatory Act. to a prototype reviewed and tested by a equipment. Unenroll. The process by which a testing laboratory and approved for use Modification. A revision to any class II gaming system disconnects an by the TGRA pursuant to § 547.5(a) hardware or software used in a Class II enrolled system component, disallowing through (c). gaming system. any live gaming activity to take place on (c) Proper functioning. All gaming Non-cashable credit. Credits given by that component. an operator to a patron; placed on a equipment and software used with Class Voucher. A financial instrument of II gaming systems must perform Class II gaming system through a fixed wagering value, usually paper, coupon, cashless transaction or other according to the manufacturer’s design that can only be used to acquire an and operating specifications. approved means; and capable of equivalent value of cashable credits or activating play but not being converted cash through interaction with a voucher § 547.5 How does a tribal government, to cash. system. TGRA, or tribal gaming operation comply Patron. A person who is a customer Voucher system. A component of the with this part? or guest of the gaming operation and Class II gaming system that securely (a) Limited immediate compliance. A may interact with a Class II game. Also tribal gaming regulatory authority shall: may be referred to as a ‘‘player’’. maintains records of vouchers and Patron deposit account. An account coupons; validates payment of (1) Require that all Class II gaming maintained on behalf of a patron, for the vouchers; records successful or failed system software that affects the play of purpose of depositing and withdrawing payments of vouchers and coupons; and the Class II game be submitted, together cashable funds for the primary purpose controls the purging of expired vouchers with the signature verification required of interacting with a gaming activity. and coupons. by § 547.8(f), to a testing laboratory Player interface. Any component or recognized pursuant to paragraph (f) of § 547.3 Who is responsible for this section within 120 days after components of a Class II gaming system, implementing these standards? including an electronic or technologic November 10, 2008; (a) Minimum Standards. These are aid (not limited to terminals, player (2) Require that the testing laboratory minimum standards and a TGRA may stations, handhelds, fixed units, etc.), test the submission to the standards establish and implement additional that directly enables player interaction established by § 547.8(b), § 547.8(f), technical standards that do not conflict in a Class II game. § 547.14, and to any additional technical Prize schedule. The set of prizes with the standards set out in this part. standards adopted by the TGRA; (b) No Limitation of Technology. This available to players for achieving pre- (3) Require that the testing laboratory part should not be interpreted to limit designated patterns in the Class II game. provide the TGRA with a formal written the use of technology or to preclude the Program storage media. An electronic report setting forth and certifying to the use of technology not specifically data storage component, such as a CD– findings and conclusions of the test; referenced. ROM, EPROM, hard disk, or flash (4) Make a finding, in the form of a (c) Only applicable standards apply. memory on which software is stored certificate provided to the supplier or Class II gaming system equipment and and from which software is read. manufacturer of the Class II gaming software must meet all applicable Progressive prize. A prize that system, that the Class II gaming system requirements of this part. For example, increases by a selectable or predefined qualifies for grandfather status under if a Class II gaming system lacks the amount based on play of a Class II game. the provisions of this section, but only ability to print or accept vouchers, then Random number generator (RNG). A upon receipt of a testing laboratory’s any standards that govern vouchers do software module, hardware component report that the Class II gaming system is not apply. These standards do not apply or combination of these designed to compliant with § 547.8(b), § 547.8(f), to associated equipment such as produce outputs that are effectively § 547.14, and any other technical voucher and kiosk systems. random. standards adopted by the TGRA. If the Reflexive software. Any software that (d) State Jurisdiction. Nothing in this TGRA does not issue the certificate, or has the ability to manipulate and/or part shall be construed to grant to a state if the testing laboratory finds that the replace a randomly generated outcome jurisdiction over Class II gaming or to for the purpose of changing the results extend a state’s jurisdiction over Class Class II gaming system is not compliant of a Class II game. III gaming. with § 547.8(b), § 547.8(f), § 547.14, or Removable/rewritable storage media. any other technical standards adopted Program or data storage components § 547.4 What are the rules of general by the TGRA, then the gaming system that can be removed from gaming application for this part? shall immediately be removed from play equipment and be written to, or (a) Fairness. No Class II gaming and not be utilized. rewritten by, the gaming equipment or system may cheat or mislead users. All (5) Retain a copy of any testing by other equipment designed for that prizes advertised must be available to laboratory’s report so long as the Class purpose. win during the game. Test laboratory II gaming system that is the subject of Server. A computer that controls one must calculate and/or verify the the report remains available to the or more applications or environments mathematical expectations of game play, public for play; within a Class II gaming system. where applicable, in accordance with (6) Retain a copy of any certificate of Test/diagnostics mode. A mode on a the manufacturer stated submission. grandfather status so long as the Class component that allows various tests to The results must be included in the test II gaming system that is the subject of

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the certificate remains available to the (A) The proper functioning, security, (B) Any applicable provisions of part public for play; and or integrity of the Class II gaming 543 of this chapter that are testable by (7) Require the supplier of any player system, and the testing laboratory; and interface to designate with a (B) The gaming system’s overall (C) The TGRA. permanently affixed label each player compliance with the requirements of (6) The TGRA must retain a copy of interface with an identifying number this part or any applicable provisions of the testing laboratory’s report required and the date of manufacture or a part 543 of this chapter. by paragraph (c) of this section so long statement that the date of manufacture (iv) No such modification may be as the Class II gaming system, cashless was on or before November 10, 2008. implemented without the approval of system, voucher system, or modification The tribal gaming regulatory authority the TGRA. The TGRA shall maintain a thereto that is the subject of the report shall also require the supplier to record of the modification so long as the remains available to the public for play provide a written declaration or Class II gaming system that is the in its gaming operation. affidavit affirming that the date of subject of the modification remains (d) Emergency hardware and software manufacture was on or before November available to the public for play and shall modifications. (1) A TGRA, in its discretion, may 10, 2008. make the record available to the permit the modification of previously Commission upon request. The (b) Grandfather provisions. All Class approved hardware or software to be Commission will only make available II gaming systems manufactured before made available for play without prior for public review records or portions of November 10, 2008, and certified laboratory testing or review if the records subject to release under the pursuant to paragraph (a) of this section modified hardware or software is: are grandfathered Class II gaming Freedom of Information Act, 5 U.S.C. (i) Necessary to correct a problem systems for which the following 552; the Privacy Act of 1974, 5 U.S.C. affecting the fairness, security, or provisions apply: 552a; or the Indian Gaming Regulatory integrity of a game or accounting system (1) Grandfathered Class II gaming Act, 25 U.S.C. 2716(a). or any cashless system, or voucher systems may continue in operation for (c) Submission, testing, and system; or a period of five years from November approval—generally. Except as provided (ii) Unrelated to game play, an 10, 2008. in paragraphs (b) and (d) of this section, accounting system, a cashless system, or (2) Grandfathered Class II gaming a TGRA may not permit the use of any a voucher system. system shall be available for use at any Class II gaming system, or any (2) If a TGRA authorizes modified tribal gaming facility subject to approval associated cashless system or voucher software or hardware to be made by the TGRA, which shall transmit its system or any modification thereto, in a available for play or use without prior notice of that approval, identifying the tribal gaming operation unless: testing laboratory review, the TGRA grandfathered Class II gaming system (1) The Class II gaming system, must thereafter require the hardware or and its components, to the Commission. cashless system, voucher payment software manufacturer to: (3) As permitted by the TGRA, system, or modification thereto has been (i) Immediately advise other users of individual hardware or software submitted to a testing laboratory; the same hardware or software of the components of a grandfathered Class II (2) The testing laboratory tests the importance and availability of the gaming system may be repaired or submission to the standards established update; replaced to ensure proper functioning, by: (ii) Immediately submit the new or security, or integrity of the (i) This part; modified hardware or software to a grandfathered Class II gaming system. (ii) Any applicable provisions of part testing laboratory for testing and (4) All modifications that affect the 543 of this chapter that are testable by verification of compliance with this part play of a grandfathered Class II gaming the testing laboratory; and and any applicable provisions of part system must be approved pursuant to (iii) The TGRA; 543 of this chapter that are testable by paragraph (c) of this section, except for the testing laboratory; and (3) The testing laboratory provides a (iii) Immediately provide the TGRA the following: formal written report to the party with a software signature verification (i) Any software modifications that making the submission, setting forth tool meeting the requirements of the TGRA finds will maintain or and certifying to its findings and § 547.8(f) for any new or modified advance the Class II gaming system’s conclusions, and noting compliance software. overall compliance with this part or any with any standard established by the (3) If a TGRA authorizes a software or applicable provisions of part 543 of this TGRA pursuant to (c)(2)(iii) of this hardware modification under this chapter, after receiving a new testing section; paragraph, it must maintain a record of laboratory report that the modifications (4) The testing laboratory’s written the modification and a copy of the are compliant with the standards report confirms that the operation of testing laboratory report so long as the established by § 547.8(b), § 547.14, and each player interface has been certified Class II gaming system that is the any other standards adopted by the that it will not be compromised or subject of the modification remains TGRA; affected by electrostatic discharge, available to the public for play and must (ii) Any hardware modifications that liquid spills, electromagnetic make the record available to the the TGRA finds will maintain or interference, radio frequency Commission upon request. The advance the system’s overall interference, or any other tests required Commission will only make available compliance with this part or any by the TGRA; for public review records or portions of applicable provisions of part 543 of this (5) Following receipt of the testing records subject to release under the chapter; and laboratory’s report, the TGRA makes a Freedom of Information Act, 5 U.S.C. (iii) Any other modification to the finding that the Class II gaming system, 552; the Privacy Act of 1974, 5 U.S.C. software of a grandfathered Class II cashless system, or voucher system 552a; or the Indian Gaming Regulatory gaming system that the TGRA finds will conforms to the standards established Act, 25 U.S.C. 2716(a). not detract from, compromise or by: (e) Compliance by charitable gaming prejudice: (A) This part; operations. This part does not apply to

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charitable gaming operations, provided (ii) Place the testing laboratory under number and date of manufacture and that: a continuing obligation to notify it of include a method or means to: (1) The tribal government determines any adverse regulatory action in any (1) Display information to a player; that the organization sponsoring the jurisdiction where the testing laboratory and gaming operation is a charitable conducts business. (2) Allow the player to interact with organization; (iii) Require the testing laboratory to the Class II gaming system. (2) All proceeds of the charitable provide notice of any material changes (e) Account access components. A gaming operation are for the benefit of to the information provided to the Class II gaming system component that the charitable organization; TGRA. reads account access media must be (3) The TGRA permits the charitable located within a secure and locked area, organization to be exempt from this § 547.6 What are the minimum technical cabinet, or housing that is of a robust part; standards for enrolling and enabling Class construction designed to resist (4) The charitable gaming operation is II gaming system components? determined illegal entry and to protect operated wholly by the charitable (a) General requirements. Class II internal components. In addition, the organization’s employees or volunteers; gaming systems must provide a method account access component: and to: (1) Must be constructed so that (5) The annual gross gaming revenue (1) Enroll and unenroll Class II physical tampering leaves evidence of of the charitable gaming operation does gaming system components; such tampering; and not exceed $1,000,000. (2) Enable and disable specific Class (2) Must provide a method to enable (f) Testing laboratories. II gaming system components. the Class II gaming system to interpret (1) A testing laboratory may provide (b) Specific requirements. Class II and act upon valid or invalid input or the examination, testing, evaluating and gaming systems must: error condition. reporting functions required by this (1) Ensure that only enrolled and (f) Financial instrument storage section provided that: enabled Class II gaming system components. Any Class II gaming (i) It demonstrates its integrity, components participate in gaming; and system components that store financial independence and financial stability to (2) Ensure that the default condition instruments and that are not operated the TGRA. for components must be unenrolled and under the direct control of a gaming (ii) It demonstrates its technical skill disabled. operation employee or agent must be and capability to the TGRA. located within a secure and locked area, (iii) If the testing laboratory is owned § 547.7 What are the minimum technical cabinet, or housing that is of a robust or operated by, or affiliated with, a tribe, hardware standards applicable to Class II gaming systems? construction designed to resist it must be independent from the determined illegal entry and to protect manufacturer and gaming operator for (a) Printed circuit boards. internal components. whom it is providing the testing, (1) Printed circuit boards that have (g) Financial instrument acceptors. evaluating, and reporting functions the potential to affect the outcome or (1) Any Class II gaming system required by this section. integrity of the game, and are specially components that handle financial (iv) The TGRA: manufactured or proprietary and not off- instruments and that are not operated (A) Makes a suitability determination the-shelf, must display a unique under the direct control of an agent of the testing laboratory based upon identifier such as a part number and/or must: standards no less stringent than those revision number, which must be (i) Be located within a secure and set out in §§ 533.6(b)(1)(ii) through (v) of updated to reflect new revisions or locked area, cabinet, or housing that is this chapter and based upon no less modifications of the board. of a robust construction designed to information than that required by (2) Switches or jumpers on all circuit resist determined illegal entry and to § 537.1 of this chapter, or boards that have the potential to affect protect internal components; (B) Accepts, in its discretion, a the outcome or integrity of any game, (ii) Be able to detect the entry of valid determination of suitability for the progressive award, financial instrument, or invalid financial instruments and to testing laboratory made by any other cashless transaction, voucher provide a method to enable the Class II gaming regulatory authority in the transaction, or accounting records must gaming system to interpret and act upon United States. be capable of being sealed. valid or invalid input or error condition; (v) After reviewing the suitability (b) Electrostatic discharge. Class II and determination and the information gaming system components accessible (iii) Be constructed to permit provided by the testing laboratory, the to the public must be constructed so communication with the Class II gaming TGRA determines that the testing that they exhibit immunity to human system of the accounting information laboratory is qualified to test and body electrostatic discharges on areas required by § 547.9(a) and by applicable evaluate Class II gaming systems. exposed to contact. Static discharges of provisions of any Commission and (2) The TGRA must: ±15 kV for air discharges and ±7.5 kV for TGRA regulations governing minimum (i) Maintain a record of all contact discharges must not cause internal control standards. determinations made pursuant to damage or inhibit operation or integrity (2) Prior to completion of a valid paragraphs (f)(1)(iii) and (f)(1)(iv) of this of the Class II gaming system. financial instrument transaction by the section for a minimum of three years (c) Physical enclosures. Physical Class II gaming system, no monetary and must make the records available to enclosures must be of a robust amount related to that instrument may the Commission upon request. The construction designed to resist be available for play. For example, Commission will only make available determined illegal entry. All credits may not be available for play for public review records or portions of protuberances and attachments such as until currency or coupon inserted into records subject to release under the buttons, identification plates, and labels an acceptor is secured in the storage Freedom of Information Act, 5 U.S.C. must be sufficiently robust to avoid component. 552; the Privacy Act of 1974, 5 U.S.C. unauthorized removal. (3) The monetary amount related to 552a; or the Indian Gaming Regulatory (d) Player interface. The player all valid financial instrument Act, 25 U.S.C. 2716(a). interface must be labeled with the serial transactions by the Class II gaming

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system must be recorded as required by the same component or being separated (3) Accounting function data must be § 547.9(a) and the applicable provisions into individual components. accessible by an agent at any time, of any Commission and TGRA except during a payout, during a regulations governing minimum internal § 547.8 What are the minimum technical handpay, or during play. software standards applicable to Class II control standards. gaming systems? (4) The Class II gaming system must (h) Financial instrument dispensers. disable financial instrument acceptance (a) Player interface displays. (1) Any Class II gaming system on the affected player interface while in (1) If not otherwise provided to the components that dispense financial audit mode, except during financial player, the player interface must display instruments and that are not operated instrument acceptance testing. the following: under the direct control of a gaming (d) Last game recall. The last game (i) The purchase or wager amount; operation employee or agent must: recall function must: (ii) Game results; and (1) Be retrievable at all times, other (i) Be located within a secure, locked (iii) Any player credit balance. and tamper-evident area or in a locked than when the recall component is (2) Between plays of any game and involved in the play of a game, upon the cabinet or housing that is of a robust until the start of the next play, or until construction designed to resist operation of an external key-switch, the player selects a new game option entry of an audit card, or a similar determined illegal entry and to protect such as purchase or wager amount or internal components; method; card selection, whichever is earlier, if (2) Display the results of recalled (ii) Provide a method to enable the not otherwise provided to the player, Class II gaming system to interpret and games as originally displayed or in text the player interface must display: representation so as to enable the TGRA act upon valid or invalid input or error (i) The total purchase or wager condition; and or operator to clearly identify the amount and all prizes and total credits sequences and results that occurred; (iii) Be constructed to permit won for the last game played; communication with the Class II gaming (3) Allow the Class II gaming system (ii) The final results for the last game component providing game recall, upon system of the accounting information played; and required by § 547.9(a) and by applicable return to normal game play mode, to (iii) Any default purchase or wager restore any affected display to the provisions of any Commission and amount for the next play. TGRA regulations governing minimum positions, forms and values displayed (b) Game initiation and play. before access to the game recall internal control standards. (1) Each game played on the Class II (2) The monetary amount related to information; and gaming system must follow and not (4) Provide the following information all valid financial instrument deviate from a constant set of rules for transactions by the Class II gaming for the current and previous four games each game provided to players pursuant played and must display: system must be recorded as required by to § 547.16. There must be no automatic § 547.9(a), the applicable provisions of (i) Play start time, end time, and date; or undisclosed changes of rules. (ii) The total number of credits at the part 543 of this chapter, and any TGRA (2) The Class II gaming system may start of play; regulations governing minimum internal not alter or allow to be altered the card (iii) The purchase or wager amount; control standards. permutations used for play of a Class II (iv) The total number of credits at the (i) Game Outcome Determination game unless specifically chosen by the end of play; Components. Any Class II gaming player prior to commitment to (v) The total number of credits won as system logic components that affect the participate in the game. No duplicate a result of the game recalled, and the game outcome and that are not operated cards may be sold for any common value in dollars and cents for under the direct control of a gaming draw. progressive prizes, if different; operation employee or agent must be (3) No game play may commence and, (vi) For bingo games and games located within a secure, locked and no financial instrument or credit may be similar to bingo, also display: tamper-evident area or in a locked accepted on the affected player (A) The card(s) used by the player; cabinet or housing that is of a robust interface, in the presence of any fault (B) The identifier of the bingo game construction designed to resist condition that affects the outcome of the played; determined illegal entry and to protect game, open door, or while in test, audit, (C) The numbers or other designations internal components. DIP switches or or lock-up mode. drawn, in the order that they were jumpers that can affect the integrity of (4) No game play may commence drawn; the Class II gaming system must be unless initiated by a player. (D) The numbers or other designations capable of being sealed by the TGRA. (c) Audit Mode. and prize patterns covered on each card; (j) Door access detection. All (1) If an audit mode is provided, the (E) All prizes won by the player, components of the Class II gaming Class II gaming system must provide, for including winning patterns, if any; and system that are locked in order to meet those components actively involved in (F) The unique identifier of the card the requirements of this part must the audit: on which prizes were won; include a sensor or other methods to (i) All accounting functions required (vii) For pull-tab games only, also monitor an open door. A door open by § 547.9, by applicable provisions of display: sensor, and its components or cables, any Commission regulations governing (A) The result(s) of each pull-tab, must be secure against attempts to minimum internal control standards, displayed in the same pattern as on the disable them or interfere with their and by any internal controls adopted by tangible pull-tab; normal mode of operation. the tribe or TGRA; (B) All prizes won by the player; (k) Separation of functions/no (ii) Display player interface (C) The unique identifier of each pull limitations on technology. Nothing identification; and tab; and herein prohibits the account access (iii) Display software version or game (D) Any other information necessary component, financial instrument storage identification; to fully reconstruct the current and four component, financial instrument (2) Audit mode must be accessible by previous plays. acceptor, and financial instrument a secure method such as an agent PIN, (e) Voucher and credit transfer recall. dispenser from being included within key, or other auditable access control. Notwithstanding the requirements of

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any other section in this part, a Class II (5) Must detect any change or (2) Critical memory must be gaming system must have the capacity corruption in the Class II gaming system maintained using a methodology that to: software. enables errors to be identified and acted (1) Display the information specified (j) Class II gaming system components upon. All accounting and recall in § 547.11(b)(5)(ii) through (vi) for the acting as progressive controllers. This functions must be verified as necessary last five vouchers or coupons printed paragraph applies to progressive to ensure their ongoing integrity. and the last five vouchers or coupons controllers and components acting as (3) The validity of affected data stored accepted; and progressive controllers in Class II in critical memory must be checked (2) Display a complete transaction gaming systems. after each of the following events: history for the last five cashless (1) Modification of progressive (i) Every restart; transactions made and the last five parameters must be conducted in a (ii) Each attendant paid win; cashless transactions accepted. secure manner approved by the TGRA. (iii) Each sensored door closure; and (f) Software signature verification. Such parameters may include: (iv) Every reconfiguration, download, The manufacturer or developer of the (i) Increment value; or change of prize schedule or Class II gaming system must provide to (ii) Secondary pool increment(s); denomination requiring operator the testing laboratory and to the TGRA (iii) Reset amount(s); intervention or action. (iv) Maximum value(s); and an industry-standard methodology, (l) Secured access. Class II gaming (v) Identity of participating player acceptable to the TGRA, for verifying systems that use a logon or other means interfaces. the Class II gaming system game of secured access must include a user (2) The Class II gaming system account lockout after a predetermined software. By way of illustration, for component or other progressive game software stored on rewritable number of consecutive failed attempts controller must provide a means of to access the Class II gaming system. media, such methodologies include creating a progressive balancing report signature algorithms and hashing for each progressive link it controls. At § 547.9 What are the minimum technical formulas such as SHA–1. a minimum, that report must provide standards for Class II gaming system (g) Test, diagnostic, and balancing of the changes of the accounting functions? demonstration modes. If test, diagnostic, progressive amount, including (a) Required accounting data. The and/or demonstration modes are progressive prizes won, for all following minimum accounting data, provided, the Class II gaming system participating player interfaces versus however named, must be maintained by must, for those components actively current progressive amount(s), plus the Class II gaming system: involved in the test, diagnostic, or progressive prizes. In addition, the (1) Amount In: The total value of all demonstration mode: report must account for, and not be financial instruments and cashless (1) Clearly indicate when that made inaccurate by, unusual events transactions accepted by the Class II component is in the test, diagnostic, or such as: gaming system. Each type of financial demonstration mode; (i) Class II gaming system critical instrument accepted by the Class II (2) Not alter financial data on that memory clears; gaming system must be tracked component other than temporary data; (ii) Modification, alteration, or independently per financial instrument (3) Only be available after entering a deletion of progressive prizes; acceptor, and as required by applicable specific mode; (iii) Offline equipment; or requirements of TGRA regulations that (4) Disable credit acceptance and (iv) Multiple site progressive prizes. meet or exceed the minimum internal payment unless credit acceptance or (k) Critical memory. control standards at 25 CFR part 543. payment is being tested; and (1) Critical memory may be located (2) Amount Out: The total value of all (5) Terminate all mode-specific anywhere within the Class II gaming financial instruments and cashless functions upon exiting a mode. system. Critical memory is any memory transactions paid by the Class II gaming (h) Multigame. If multiple games are that maintains any of the following data: system, plus the total value of attendant offered for player selection at the player (i) Accounting data; pay. Each type of financial instrument (ii) Current credits; interface, the player interface must: paid by the Class II Gaming System (1) Provide a display of available (iii) Configuration data; (iv) Last game play recall information must be tracked independently per games; financial instrument dispenser, and as (2) Provide the means of selecting required by § 547.8(d); (v) Game play recall information for required by applicable requirements of among them; the current game play, if incomplete; TGRA regulations that meet or exceed (3) Display the full amount of the (vi) Software state (the last normal the minimum internal control standards player’s credit balance; state software was in before at 25 CFR part 543. (4) Identify the game selected or being interruption); (b) Accounting data storage. If the played; and (vii) RNG seed(s), if necessary for Class II gaming system electronically (5) Not force the play of a game after maintaining integrity; maintains accounting data: its selection. (viii) Encryption keys, if necessary for (1) Accounting data must be stored (i) Program interruption and maintaining integrity; with at least eight decimal digits. resumption. The Class II gaming system (ix) Progressive prize parameters and (2) Credit balances must have software must be designed so that upon current values; sufficient digits to accommodate the resumption following any interruption, (x) The five most recent financial design of the game. the system: instruments accepted by type, excluding (3) Accounting data displayed to the (1) Is able to return to a known state; coins and tokens; player may be incremented or (2) Must check for any fault condition; (xi) The five most recent financial decremented using visual effects, but (3) Must verify the integrity of data instruments dispensed by type, the internal storage of this data must be stored in critical memory; excluding coins and tokens; and immediately updated in full. (4) Must return the purchase or wager (xii) The five most recent cashless (4) Accounting data must be updated amount to the player in accordance with transactions paid and the five most upon the occurrence of the relevant the rules of the game; and recent cashless transactions accepted. accounting event.

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(5) Modifications to accounting data (i) In audit, configuration, recall and (3) If the player credit balance must be recorded, including the identity test modes; or displays in credits, but the actual of the person(s) making the (ii) Temporarily, during entertaining balance includes fractional credits, the modifications, and be reportable by the displays of game results. Class II gaming system must display the Class II gaming system. (2) Progressive prizes may be added to fractional credit when the player credit the player’s credit balance provided: balance drops below one credit. (c) Rollover. Accounting data that (i) The player credit balance is rolls over to zero must not corrupt data. maintained in dollars and cents; § 547.10 What are the minimum standards (d) Credit balance display and (ii) The progressive accounting data is for Class II gaming system critical events? function. incremented in number of credits; or (iii) The prize in dollars and cents is (a) Fault events. (1) Any credit balance maintained at converted to player credits or (1) The following are fault events that the player interface must be transferred to the player’s credit balance must be capable of being recorded by prominently displayed at all times in a manner that does not mislead the the Class II gaming system: except: player or cause accounting imbalances.

Event Definition and action to be taken

(i) Component fault ...... Reported when a fault on a component is detected. When possible, this event message should indicate what the nature of the fault is. (ii) Financial storage component full Reported when a financial instrument acceptor or dispenser includes storage, and it becomes full. This event message must indicate what financial storage component is full. (iii) Financial output component Reported when a financial instrument dispenser is empty. The event message must indicate which finan- empty. cial output component is affected, and whether it is empty. (iv) Financial component fault ...... Reported when an occurrence on a financial component results in a known fault state. (v) Critical memory error ...... Some critical memory error has occurred. When a non-correctable critical memory error has occurred, the data on the Class II gaming system component can no longer be considered reliable. Accordingly, any game play on the affected component must cease immediately, and an appropriate message must be displayed, if possible. (vi) Progressive communication If applicable; when communications with a progressive controller component is in a known fault state. fault. (vii) Program storage medium fault The software has failed its own internal security check or the medium itself has some fault. Any game play on the affected component must cease immediately, and an appropriate message must be displayed, if possible.

(2) The occurrence of any event (1) In addition to the requirements of (iv) Disable player inputs on the identified in paragraph (a)(1) of this paragraph (a)(1) of this section, the Class affected player interface, unless test section must be recorded. II gaming system must perform the mode is entered; and (3) Upon clearing any event identified following for any component affected by (v) Disable all financial instrument in paragraph (a)(1) of this section, the any sensored door open event: disbursement, unless a test mode is Class II gaming system must: (i) Indicate that the state of a sensored entered. (i) Record that the fault condition has door changes from closed to open or (2) The Class II gaming system may been cleared; opened to closed; (ii) Ensure the integrity of all related return the component to a ready to play accounting data; and (ii) Disable all financial instrument state when all sensored doors are (iii) In the case of a malfunction, acceptance, unless a test mode is closed. return a player’s purchase or wager entered; (c) Non-fault events. (1) The following according to the rules of the game. (iii) Disable game play on the affected non-fault events are to be acted upon as (b) Door open/close events. player interface; described below, if applicable:

Event Definition

(i) Player interface off during play .. Indicates power has been lost during game play. This condition must be reported by the affected compo- nent(s). (ii) Player interface power on ...... Indicates the player interface has been turned on. This condition must be reported by the affected compo- nent(s). (iii) Financial instrument storage Indicates that a financial instrument storage container has been removed. The event message must indi- component container/stacker re- cate which storage container was removed. moved.

§ 547.11 What are the minimum technical (2) The Class II gaming system must (i) Involved in the play of a game; standards for money and credit handling? reject financial instruments deemed (ii) In audit mode, recall mode or any (a) Credit acceptance, generally. invalid. test mode; (b) Credit redemption, generally. (iii) Detecting any sensored door open (1) Upon any credit acceptance, the condition; Class II gaming system must register the (1) For cashable credits on a player (iv) Updating the player credit correct number of credits on the player’s interface, players must be allowed to balance or total win accounting data; or credit balance. cash out and/or redeem those credits at the player interface except when that (v) Displaying a fault condition that player interface is: would prevent cash-out or credit

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redemption. In this case a fault multiples of the Class II gaming system (2) All unused areas of EPROMs must indication must be displayed. denomination. be written with the inverse of the erased (2) For cashable credits not on a (8) Voucher redemption systems must state (zero bits (00 hex) for most player interface, the player must be include the ability to report EPROMs), random data, or repeats of the allowed to cash out and/or redeem those redemptions per redemption location or program data. credits at any time. user. (3) Flash memory storage components (3) A Class II gaming system must not intended to have the same logical automatically pay an award subject to § 547.12 What are the minimum technical function as ROM, must be write- standards for downloading on a Class II mandatory tax reporting or withholding. gaming system? protected or otherwise protected from (4) Credit redemption by voucher or unauthorized modification. (a) Downloads. coupon must conform to the following: (4) The write cycle must be closed or (1) Downloads are an acceptable (i) A Class II gaming system may finished for all CD–ROMs such that it is means of transporting approved content, redeem credits by issuing a voucher or not possible to write any further data to including but not limited to software, coupon when it communicates with a the CD. files, data, and prize schedules. voucher system that validates the (2) Downloads must use secure (5) Write protected hard disks are voucher or coupon. methodologies that will deliver the permitted if the hardware means of (ii) A Class II gaming system that download data without alteration or enabling the write protect is easily redeems credits by issuing vouchers and modification, in accordance with viewable and can be sealed in place. coupons must either: Write protected hard disks are permitted (A) Maintain an electronic record of § 547.15(a). (3) Downloads conducted during using software write protection all information required by paragraphs operational periods must be performed verifiable by a testing laboratory. (b)(5)(ii) through (vi) of this section; or in a manner that will not affect game (c) Writable and rewritable program (B) Generate two identical copies of play. storage media. each voucher or coupon issued, one to (4) Downloads must not affect the (1) Writable and rewritable program be provided to the player and the other integrity of accounting data. storage, such as hard disk drives, Flash to be retained within the electronic (5) The Class II gaming system must memory, writable CD–ROMs, and player interface for audit purposes. be capable of providing: writable DVDs, may be used provided (5) Valid vouchers and coupons from (i) The time and date of the initiation that the software stored thereon may be a voucher system must contain the of the download; verified using the mechanism provided following: (ii) The time and date of the pursuant to § 547.8(f). (i) Gaming operation name and completion of the download; (2) Program storage must be location; (iii) The Class II gaming system structured so there is a verifiable (ii) The identification number of the components to which software was separation of fixed data (such as Class II gaming system component or downloaded; program, fixed parameters, DLLs) and the player interface number, as (iv) The version(s) of download variable data. applicable; package and any software downloaded. (d) Identification of program storage (iii) Date and time of issuance; Logging of the unique software signature media. All program storage media that (iv) Alpha and numeric dollar will satisfy this requirement; is not rewritable in circuit, (EPROM, amount; (v) The outcome of any software CD–ROM) must be uniquely identified, (v) A sequence number; verification following the download displaying: (vi) A validation number that: (success or failure); and (1) Manufacturer; (A) Is produced by a means (vi) The name and identification (2) Program identifier; specifically designed to prevent number, or other unique identifier, of (3) Program version number(s); and repetition of validation numbers; and any individual(s) conducting or (4) Location information, if critical (B) Has some form of checkcode or scheduling a download. (socket position 3 on the printed circuit other form of information redundancy to (b) Verifying downloads. Downloaded board). prevent prediction of subsequent software on a Class II gaming system validation numbers without knowledge must be capable of being verified by the § 547.14 What are the minimum technical of the checkcode algorithm and standards for electronic random number Class II gaming system using a software generation? parameters; signature verification method that meets (vii) For machine-readable vouchers the requirements of § 547.8(f). (a) Properties. All RNGs must produce and coupons, a bar code or other form output having the following properties: of machine readable representation of § 547.13 What are the minimum technical (1) Statistical randomness; the validation number, which must have standards for program storage media? (2) Unpredictability; and enough redundancy and error checking (a) Removable program storage media. (3) Non-repeatability. to ensure that 99.9% of all misreads are All removable program storage media (b) Statistical Randomness. flagged as errors; must maintain an internal checksum or (1) Numbers or other designations (viii) Transaction type or other signature of its contents. Verification of produced by an RNG must be method of differentiating voucher and this checksum or signature is to be statistically random individually and in coupon types; and performed after every restart. If the the permutations and combinations (ix) Expiration period or date. verification fails, the affected Class II used in the application under the rules (6) Transfers from an account may not gaming system component(s) must lock of the game. For example, if a bingo exceed the balance of that account. up and enter a fault state. game with 75 objects with numbers or (7) For Class II gaming systems not (b) Nonrewritable program storage other designations has a progressive using dollars and cents accounting and media. winning pattern of the five numbers or not having odd cents accounting, the (1) All EPROMs and Programmable other designations on the bottom of the Class II gaming system must reject any Logic Devices that have erasure card, and the winning of this prize is transfers from voucher payment systems windows must be fitted with covers defined to be the five numbers or other or cashless systems that are not even over their erasure windows. designations that are matched in the

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first five objects drawn, the likelihood of outcomes based on the history of prizes TGRA. Class II gaming systems must each of the 75C5 combinations are to be obtained in previous games nor use any have the ability to enable or disable verified to be statistically equal. reflexive software or secondary decision remote access, and the default state (2) Numbers or other designations that affects the results shown to the must be set to disabled. produced by an RNG must pass the player or game outcome. (f) Failure of data communications statistical tests for randomness to a 99% (f) Scaling algorithms and scaled must not affect the integrity of critical confidence level. numbers. An RNG that provides output memory. (i) Mandatory statistical tests for scaled to given ranges must: (g) The Class II gaming system must randomness include: (1) Be independent and uniform over log the establishment, loss, and re- (A) Chi-square test; the range; establishment of data communications (B) Runs test (patterns of occurrences (2) Provide numbers scaled to the between sensitive Class II gaming must not be recurrent); and ranges required by game rules, and system components. (C) Serial correlation test potency and notwithstanding the requirements of degree of serial correlation (outcomes paragraph (e)(3) of this section, may § 547.16 What are the minimum standards for game artwork, glass, and rules? must be independent from the previous discard numbers that do not map game). uniformly onto the required range but (a) Rules, instructions, and prize (ii) Where applicable statistical tests must use the first number in sequence schedules, generally. The following for randomness may include: that does map correctly to the range; must at all times be displayed or made (A) Equi-distribution (frequency) test; (3) Be capable of producing every readily available to the player upon (B) Gap test; possible outcome of a game according to request: (C) Poker test; (1) Game name, rules, and options (D) Coupon collector’s test; its rules; and (4) Use an unbiased algorithm and such as the purchase or wager amount (E) Permutation test; stated clearly and unambiguously; (F) Spectral test; or any bias must be reported to the TGRA. (G) Test on subsequences. (2) Denomination; § 547.15 What are the minimum technical (3) Instructions for play on, and use (c) Unpredictability. standards for electronic data (1) It must not be feasible to predict of, the player interface, including the communications between system functions of all buttons; and future outputs of an RNG, even if the components? algorithm and the past sequence of (4) A prize schedule or other (a) Sensitive data. Communication of explanation, sufficient to allow a player outputs are known. sensitive data must be secure from (2) Unpredictability must be ensured to determine the correctness of all prizes eavesdropping, access, tampering, by reseeding or by continuously cycling awarded, including; intrusion or alteration unauthorized by the RNG, and by providing a sufficient (i) The range and values obtainable for the TGRA. Sensitive data includes, but number of RNG states for the any variable prize; is not limited to: applications supported. (ii) Whether the value of a prize (3) Re-seeding may be used where the (1) RNG seeds and outcomes; depends on the purchase or wager (2) Encryption keys, where the re-seeding input is at least as amount; and implementation chosen requires statistically random as, and (iii) The means of division of any transmission of keys; independent of, the output of the RNG pari-mutuel prizes; but (3) PINs; being re-seeded. (iv) For Class II Gaming Systems, the (d) Non-repeatability. The RNG may (4) Passwords; prize schedule or other explanation not be initialized to reproduce the same (5) Financial instrument transactions; need not state that subsets of winning output stream that it has produced (6) Transfers of funds; patterns are not awarded as additional before, nor may any two instances of an (7) Player tracking information; prizes (for example, five in a row does (8) Download Packages; and RNG produce the same stream as each not also pay three in a row or four in (9) Any information that affects game other. This property must be ensured by a row), unless there are exceptions, outcome. initial seeding that comes from: which must be clearly stated. (1) A source of ‘‘true’’ randomness, (b) Wireless communications. (b) Disclaimers. The Player Interface such as a hardware random noise (1) Wireless access points must not be must continually display: generator; or accessible to the general public. (1) ‘‘Malfunctions void all prizes and (2) A combination of timestamps, (2) Open or unsecured wireless plays’’ or equivalent; and parameters unique to a Class II gaming communications are prohibited. (2) ‘‘Actual Prizes Determined by system, previous RNG outputs, or other, (3) Wireless communications must be Bingo [or other applicable Class II game] similar method. secured using a methodology that makes Play. Other Displays for Entertainment (e) General requirements. eavesdropping, access, tampering, Only’’ or equivalent. (1) Software that calls an RNG to intrusion or alteration impractical. By (c) Odds notification. If the odds of derive game outcome events must way of illustration, such methodologies winning any advertised top prize immediately use the output returned in include encryption, frequency hopping, exceeds 100 million to one, the Player accordance with the game rules. and code division multiplex access (as Interface must display ‘‘Odds of (2) The use of multiple RNGs is in cell phone technology). winning the advertised top prize permitted as long as they operate in (c) Methodologies must be used that exceeds 100 million to one’’ or accordance with this section. will ensure the reliable transfer of data equivalent. (3) RNG outputs must not be and provide a reasonable ability to arbitrarily discarded or selected. detect and act upon any corruption of § 547.17 How does a TGRA apply to (4) Where a sequence of outputs is the data. implement an alternate standard to those required, the whole of the sequence in (d) Class II gaming systems must required by this part? the order generated must be used in record detectable, unauthorized access (a) TGRA approval. accordance with the game rules. or intrusion attempts. (1) A TGRA may approve an alternate (5) The Class II gaming system must (e) Remote communications must standard from those required by this neither adjust the RNG process or game only be allowed if authorized by the part if it has determined that the

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alternate standard will achieve a level of ENVIRONMENTAL PROTECTION comment directly to the EPA without security and integrity sufficient to AGENCY going through www.regulations.gov, accomplish the purpose of the standard your email address will be it is to replace. 40 CFR Part 52 automatically captured and included as part of the comment that is placed in the (2) For each enumerated standard for [EPA–R10–OAR–2010–0912; FRL–9680–2] which the TGRA approves an alternate public docket and made available on the Internet. If you submit an electronic standard, it must submit to the Chair Approval and Promulgation of State comment, the EPA recommends that within 30 days, a detailed report, which Implementation Plans: Oregon you include your name and other must include the following: AGENCY: Environmental Protection contact information in the body of your (i) An explanation of how the Agency (EPA). comment and with any disk or CD–ROM alternate standard achieves a level of ACTION: Proposed rule. you submit. If the EPA cannot read your security and integrity sufficient to comment due to technical difficulties accomplish the purpose of the standard SUMMARY: EPA is proposing to approve and cannot contact you for clarification, it is to replace; and a State Implementation Plan (SIP) the EPA may not be able to consider revision submitted by the State of (ii) The alternate standard as your comment. Electronic files should Oregon (the State) on October 6, 2010, approved and the record on which the avoid the use of special characters, any and an August 31, 2011, supplementary approval is based. form of encryption, and be free of any letter, for the purpose of establishing defects or viruses. (3) In the event that the TGRA or the transportation conformity criteria and Docket: All documents in the tribe’s government chooses to submit an procedures related to interagency electronic docket are listed in the alternate standard request directly to the consultation, and enforceability of www.regulations.gov index. Although Chair for joint government to certain transportation related control listed in the index, some information is government review, the TGRA or tribal and mitigation measures. not publicly available, i.e., CBI or other government may do so without the DATES: Comments must be received on information whose disclosure is approval requirement set forth in or before July 2, 2012. restricted by statute. Certain other paragraph (a)(1) of this section. ADDRESSES: Submit your comments, material, such as copyrighted material is (b) Chair Review. identified by Docket ID No. EPA–R10– not placed on the Internet and will be publicly available only in hard copy (1) The Chair may approve or object OAR–2010–0912, by one of the following methods: form. Publicly available docket to an alternate standard granted by a • materials are available either TGRA. www.regulations.gov.: Follow the on-line instructions for submitting electronically in www.regulations.gov or (2) Any objection by the Chair must comments. in hard copy during normal business be in written form with an explanation • Mail: Claudia Vergnani Vaupel, hours at the Office of Air, Waste and why the alternate standard as approved U.S. EPA Region 10, Office of Air, Toxics, EPA Region 10, 1200 Sixth by the TGRA does not provide a level Waste, and Toxics (AWT–107), 1200 Avenue, Seattle, Washington 98101. of security or integrity sufficient to Sixth Avenue, Suite 900, Seattle, FOR FURTHER INFORMATION CONTACT: accomplish the purpose of the standard Washington 98101 Claudia Vergnani Vaupel at telephone it is to replace. • Hand Delivery: US EPA Region 10 number: (206) 553–6121, email address: (3) If the Chair fails to approve or Mailroom, 9th Floor, 1200 Sixth [email protected], or the above object in writing within 60 days after Avenue, Seattle, Washington 98101. EPA, Region 10 address. the date of receipt of a complete Attention: Claudia Vergnani Vaupel, SUPPLEMENTARY INFORMATION: submission, the alternate standard is Office of Air Waste, and Toxics (AWT– Throughout this document whenever considered approved by the Chair. The 107). Such deliveries are only accepted ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Chair may, upon notification to the during normal hours of operation, and the EPA. Information is organized as TGRA, extend this deadline an special arrangements should be made follows: additional 60 days. for deliveries of boxed information. Instructions: Direct your comments to Table of Contents (4) No alternate standard may be Docket ID No. EPA–R10–OAR–2010– I. What is the purpose of this action? implemented until it has been approved 0912. The EPA’s policy is that all II. What is the background for this proposed by the TGRA pursuant to paragraph comments received will be included in action? (a)(1) of this section or the Chair has the public docket without change and III. What is the State’s process to submit SIP approved pursuant to paragraph (b)(1) of may be made available online at revisions to EPA? this section. IV. What is EPA’s analysis of Oregon’s SIP www.regulations.gov, including any revision? (c) Appeal of Chair decision. A personal information provided, unless V. Proposed Action Chair’s decision may be appealed the comment includes information VI. Statutory and Executive Order Reviews pursuant to 25 CFR subchapter H. claimed to be Confidential Business Information (CBI) or other information I. What is the purpose of this action? Dated this 22nd of May 2012. whose disclosure is restricted by statute. EPA is proposing to approve revisions Tracie L. Stevens, Do not submit information that you to Oregon Administrative Rules (OAR), Chairwoman. consider to be CBI or otherwise Division 252 ‘‘Transportation Steffani A. Cochran, protected through www.regulations.gov Conformity’’ of the Oregon SIP that Vice-Chairwoman. or email. The www.regulations.gov Web address the requirements of section 176 site is an ‘‘anonymous access’’ system, of the CAA and 40 CFR 51.390(b). By Daniel J. Little, which means the EPA will not know approving these revisions to OAR Commissioner. your identity or contact information Division 252, EPA is making them part [FR Doc. 2012–12992 Filed 5–31–12; 8:45 am] unless you provide it in the body of of the federally enforceable SIP for BILLING CODE 7565–01–P your comment. If you send an email Oregon under the CAA.

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II. What is the background for this III. What is the State’s process to Details of our review are set forth in a proposed action? submit SIP revisions to EPA? technical support document (TSD), Section 110(k) of the CAA addresses which has been included in the docket Transportation conformity is required for this action. Specifically, in the TSD, under section 176(c) of the Clean Air EPA’s process to act on State submissions that would revise a SIP. we identify how the submitted Act (CAA or Act) to ensure that The CAA requires States to observe procedures, as clarified by the State’s federally supported highway, transit certain procedural requirements in August 31, 2011, supplementary letter, projects, and other activities are developing SIP revisions for submittal satisfy our requirements under 40 CFR 93.105 for interagency consultation with consistent with (‘‘conform to’’) the to us. Section 110(a)(2) of the CAA respect to the development of purpose of the SIP. Transportation requires that each SIP revision be transportation plans and programs, SIPs, conformity currently applies to areas adopted after reasonable notice and and conformity determinations, the that are designated nonattainment, and public hearing. This must occur prior to resolution of conflicts, and the to areas that have been redesignated to the revision being submitted by a State provision of adequate public attainment after 1990 (maintenance to us. areas) with plans developed under The submission includes evidence consultation, and our requirements section 175A of the Act, for the that the Oregon Department of under 40 CFR 93.122(a)(4)(ii) and following transportation related criteria Environmental Quality (ODEQ) 93.125(c) for enforceability of control pollutants: Ozone, particulate matter provided adequate public notice of the measures and mitigation measures. (PM2.5 and PM10), carbon monoxide, and revisions to OAR 340, Division 252 and V. Proposed Action nitrogen dioxide. held a public hearing on November 23, EPA is proposing approval of the SIP Conformity to the purpose of the SIP 2009. The Oregon Department of revision that was submitted by the State means that transportation activities will Transportation submitted comments on of Oregon on October 6, 2010. The SIP not cause new air quality violations, three aspects of the proposed rules and revision updates OAR, Division 252 worsen existing violations, or delay ODEQ provided a response on ‘‘Transportation Conformity’’ of the timely attainment of the relevant criteria December 4, 2009. This SIP revision Oregon SIP so as to meet the Federal pollutants, also known as national became State effective on February 18, transportation conformity consultation ambient air quality standards (NAAQS). 2010, and was submitted to EPA on requirements as described in section The transportation conformity October 6, 2010. 176 of the CAA 42 U.S.C. 7506 and in regulation is found in 40 CFR 93 and IV. What is EPA’s analysis of Oregon’s 40 CFR 51.390(b), 40 CFR 93.105(a) provisions related to transportation SIP revision? through (e), 40 CFR 93 122(a)(4)(ii), and 40 CFR 125(c). conformity SIPs are found in 40 CFR EPA has evaluated this SIP 51.390. submission and finds that the State has VI. Statutory and Executive Order EPA promulgated the Federal addressed the requirements of the Reviews transportation conformity criteria and Federal transportation conformity rule Under the Clean Air Act, the procedures (‘‘Transportation Conformity as described in 40 CFR Part 51, Subpart Administrator is required to approve a Rule’’) on November 24, 1993 (58 FR T and 40 CFR Part 93, Subpart A. The SIP submission that complies with the 62188). On August 10, 2005, the ‘‘Safe, transportation conformity rule requires provisions of the Act and applicable Accountable, Flexible, Efficient the states to develop their own Federal regulations. 42 U.S.C. 7410(k); Transportation Equity Act: A Legacy for processes and procedures for 40 CFR 52.02(a). Thus, in reviewing SIP Users’’ (SAFETEA-LU) was signed into interagency consultation and resolution submissions, the EPA’s role is to law. SAFETEA-LU revised section of conflicts meeting the criteria in 40 approve state choices, provided that 176(c) of the CAA transportation CFR 93.105. The SIP revision must they meet the criteria of the Clean Air conformity provisions. One of the include processes and procedures to be Act. Accordingly, this proposed action changes streamlines the requirements followed by the MPO, state DOT, and merely approves state law as meeting for conformity SIPs. Under SAFETEA- U.S. DOT in consulting with the state Federal requirements and does not LU, states are required to address and and local air quality agencies and EPA impose additional requirements beyond tailor only three sections of the rules in before making transportation conformity those imposed by state law. For that determinations. The transportation their conformity SIPs: 40 CFR 93.105, 40 reason, this proposed action: conformity SIP must also include • CFR 93.122(a)(4)(ii), and, 40 CFR Is not a ‘‘significant regulatory processes and procedures for the state 93.125(c). In general, states are no action’’ subject to review by the Office and local air quality agencies and EPA longer required to submit conformity of Management and Budget under to coordinate the development of Executive Order 12866 (58 FR 51735, SIP revisions that address the other applicable SIPs with MPOs, state DOTs, sections of the conformity rule. These October 4, 1993); and U.S. DOT, and requires written • Does not impose an information changes took effect on August 10, 2005, commitments to control measures and collection burden under the provisions when SAFETEA-LU was signed into mitigation measures. of the Paperwork Reduction Act (44 law. Oregon’s SIP revision updates the EPA has reviewed the submittal to U.S.C. 3501 et seq.); State’s transportation conformity assure consistency with the CAA as • Is certified as not having a provisions, OAR Division 252, to be amended by SAFETEA-LU and EPA significant economic impact on a consistent with the CAA as amended by regulations (40 CFR Part 93 and 40 CFR substantial number of small entities SAFETEA-LU and EPA regulations (40 51.390) governing state procedures for under the Regulatory Flexibility Act CFR Part 93 and 40 CFR 51.390). transportation conformity and (5 U.S.C. 601 et seq.); Oregon’s SIP revision also adds a interagency consultation and has • Does not contain any unfunded provision that requires approval by the concluded that the submittal is mandate or significantly or uniquely air quality agency in order for an MPO approvable with the exception of an affect small governments, as described to shorten the timeframe of a conformity example in OAR–340–252–0070 for in the Unfunded Mandates Reform Act determination (OAR–340–252–0070). shortening the conformity timeframe. of 1995 (Pub. L. 104–4);

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• Does not have Federalism matter (PM) emissions from cement (415) 947–4125, implications as specified in Executive manufacturing facilities. We are [email protected]. Order 13132 (64 FR 43255, August 10, proposing to approve a local rule to SUPPLEMENTARY INFORMATION: This 1999); regulate these emission sources under proposal addresses the following local • Is not an economically significant the Clean Air Act as amended in 1990 rule: SCAQMD Rule 1156, Further regulatory action based on health or (CAA or the Act). Reductions of Particulate Emissions safety risks subject to Executive Order DATES: Any comments on this proposal from Cement Manufacturing Facilities. 13045 (62 FR 19885, April 23, 1997); must arrive by July 2, 2012. • Is not a significant regulatory action In the Rules and Regulations section of ADDRESSES: Submit comments, subject to Executive Order 13211 (66 FR this Federal Register, we are approving identified by docket number EPA–R09– 28355, May 22, 2001); this local rule in a direct final action OAR–2012,0236, by one of the following • Is not subject to requirements of without prior proposal because we methods: Section 12(d) of the National believe these SIP revisions are not 1. Federal eRulemaking Portal: Technology Transfer and Advancement controversial. If we receive adverse www.regulations.gov. Follow the on-line Act of 1995 (15 U.S.C. 272 note) because comments, however, we will publish a instructions. timely withdrawal of the direct final application of those requirements would 2. Email: [email protected]. be inconsistent with the Clean Air Act; rule and address the comments in 3. Mail or deliver: Andrew Steckel subsequent action based on this and (Air-4), U.S. Environmental Protection • Does not provide EPA with the proposed rule. Please note that if we Agency Region IX, 75 Hawthorne Street, discretionary authority to address, as receive adverse comment on an San Francisco, CA 94105–3901. amendment, paragraph, or section of appropriate, disproportionate human Instructions: All comments will be health or environmental effects, using this rule and if that provision may be included in the public docket without severed from the remainder of the rule, practicable and legally permissible change and may be made available methods, under Executive Order 12898 we may adopt as final those provisions online at www.regulations.gov, of the rule that are not the subject of an (59 FR 7629, February 16, 1994). including any personal information In addition, this rule does not have adverse comment. provided, unless the comment includes tribal implications as specified by We do not plan to open a second Confidential Business Information (CBI) Executive Order 13175 (65 FR 67249, comment period, so anyone interested or other information whose disclosure is November 9, 2000), because the SIP is in commenting should do so at this restricted by statute. Information that not approved to apply in Indian country time. If we do not receive adverse you consider CBI or otherwise protected located in the state, and EPA notes that comments, no further activity is should be clearly identified as such and it will not impose substantial direct planned. For further information, please should not be submitted through costs on tribal governments or preempt see the direct final action. www.regulations.gov or email. tribal law. www.regulations.gov is an ‘‘anonymous Dated: April 24, 2012. List of Subjects in 40 CFR Part 52 access’’ system, and EPA will not know Jared Blumenfeld, Regional Administrator, Region IX. Environmental protection, Air your identity or contact information pollution control, Carbon monoxide, unless you provide it in the body of [FR Doc. 2012–13302 Filed 5–31–12; 8:45 am] Intergovernmental relations, Lead, your comment. If you send email BILLING CODE 6560–50–P Nitrogen dioxide, Ozone, Particulate directly to EPA, your email address will matter, Reporting and recordkeeping be automatically captured and included requirements, Sulfur oxides, Volatile as part of the public comment. If EPA DEPARTMENT OF THE INTERIOR organic compounds. cannot read your comment due to technical difficulties and cannot contact Fish and Wildlife Service Dated: May 22, 2012. you for clarification, EPA may not be Dennis J. McLerran, able to consider your comment. 50 CFR Part 17 Regional Administrator. Electronic files should avoid the use of [Docket No. FWS–R1–ES–2011–0112; [FR Doc. 2012–13344 Filed 5–31–12; 8:45 am] special characters, any form of 4500030114] BILLING CODE 6560–50–P encryption, and be free of any defects or viruses. RIN 1018–AX69 Docket: Generally, documents in the ENVIRONMENTAL PROTECTION docket for this action are available Endangered and Threatened Wildlife AGENCY electronically at www.regulations.gov and Plants; Revised Critical Habitat for and in hard copy at EPA Region IX, 75 the Northern Spotted Owl (Strix 40 CFR Part 52 Hawthorne Street, San Francisco, occidentalis caurina) [EPA–R09–OAR–2012–0236; FRL–9670–9] California. While all documents in the AGENCY: Fish and Wildlife Service, docket are listed at Interior. Revisions to the California State www.regulations.gov, some information Implementation Plan, South Coast Air ACTION: Proposed rule; availability of may be publicly available only at the supplementary documents. Quality Management District hard copy location (e.g., copyrighted AGENCY: Environmental Protection material, large maps), and some may not SUMMARY: We, the U.S. Fish and Agency (EPA). be publicly available in either location Wildlife Service, announce the (e.g., CBI). To inspect the hard copy ACTION: Proposed rule. availability of a draft economic analysis materials, please schedule an of the proposed revised designation of SUMMARY: EPA is proposing to approve appointment during normal business critical habitat for the northern spotted a revision to the South Coast Air Quality hours with the contact listed in the FOR owl (Strix occidentalis caurina) under Management District portion of the FURTHER INFORMATION CONTACT section. the Endangered Species Act of 1973, as California State Implementation Plan FOR FURTHER INFORMATION CONTACT: amended. Also, a draft environmental (SIP). This revision concerns particulate Christine Vineyard, EPA Region IX, assessment of this proposed action will

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be made available to the public on June (3) At the public information meetings specifying any particular area as critical 4, 2012. or the public hearing: Written comments habitat. The Service identified and is DATES: Written Comments: The public will be accepted by Service personnel at considering a number of specific comment period on the proposal to any of the seven scheduled public alternatives in the proposed rulemaking revise critical habitat for the northern meetings or the public hearing. based on potential exclusions from the spotted owl has been extended to July We will post all comments received final rule. First, of the total area 6, 2012. Please note comments on http://www.regulations.gov. This identified, we propose to exclude from submitted electronically using the generally means that we will post any the final designation approximately Federal eRulemaking Portal (see personal information you provide us 2,631,736 ac (1,065,026 ha) of National ADDRESSES section, below) must be (see the Public Comments section below Park lands, Federal Wilderness Areas, received by 11:59 p.m. Eastern Time on for more information). We request that and other Congressionally reserved the closing date. If you are submitting you send comments only by the natural areas, as well as 164,776 ac your comments by hard copy, please methods described above. (66,682 ha) of State Park lands. Second, mail them by July 6, 2012, to ensure that Public Information Meetings: The we propose to exclude from a final we receive them in time to give them seven public meetings will be held at designation approximately 936,816 ac full consideration. the following locations: (379,116 ha) of State and private lands Public Information Meetings: As • California: Redding Convention that have a Habitat Conservation Plan, announced previously, we will hold Center, 700 Auditorium Drive, Redding, Safe Harbor Agreement, conservation public information meetings on the California 96001; 530–229–0036. easement, or similar conservation following dates and times: • Washington: University of protection. And third, we are • Redding, California, on June 4, Washington, Tacoma Campus, 1900 considering exclusion of an additional 2012, from 3 p.m. to 5 p.m., and from Commerce St., Jane Russell Commons, 838,344 ac (339,266 ha) of other non- 6 p.m. to 8 p.m. Tacoma, Washington; 253–692–4416. Federal lands from the final designation. • Tacoma, Washington, on June 12, • Portland, Oregon: Oregon These specific alternatives will be 2012, from 3 p.m. to 5 p.m., and from Convention Center, Room C–120, 777 considered on an individual basis or in 6 p.m. to 8 p.m. NE Martin Luther King Blvd., Portland, • any combination thereof. In addition, Portland, Oregon, on June 20, 2012, Oregon; 503–235–7575. the final designation may not be limited from 2 p.m. to 4 p.m. This meeting will • Roseburg, Oregon: Douglas County to these alternatives, but may also precede the public hearing at the same Central Library, Ford Community Room, consider other exclusions as a result of location and on the same date. 1409 NE Diamond Lake Blvd., Roseburg, continuing analysis of relevant In addition, we have added the Oregon; 541–440–4305. considerations (both scientific and following public information meetings: Public Hearing: The public hearing • Roseburg, Oregon, on June 27, 2012, economic, as required by the Act) and will be held in Room C–120 at the the public comment process. from 3 p.m. to 5 p.m., and from 6 p.m. Oregon Convention Center, 777 NE The comment period on the proposed to 8 p.m. Martin Luther King Blvd., Portland, Public Hearing: We will hold a public rule had previously been extended to Oregon; 503–235–7575. hearing in Portland, Oregon, on July 6, 2012, to allow all interested Wednesday, June 20, 2012, from 6 p.m. FOR FURTHER INFORMATION CONTACT: Paul parties an opportunity to comment to 8 p.m. Henson, State Supervisor, U.S. Fish and simultaneously on the proposed revised Wildlife Service, 2600 SE 98th Avenue, ADDRESSES: Document availability: You rule, the associated draft economic may obtain copies of the proposed Suite 100, Portland, OR 97266, by analysis, and draft environmental revised rule, draft economic analysis, telephone (503–231–6179), or by assessment. Comments previously and draft environmental assessment at facsimile (503–231–6195). Persons who submitted need not be resubmitted and http://www.regulations.gov at Docket use a telecommunications device for the will be fully considered in preparation Number FWS–R1–ES–2011–0112, from deaf (TDD) may call the Federal of the final rule. We also previously the Oregon Fish and Wildlife Office’s Information Relay Service (FIRS) at announced our intent to hold a public Web site (http://www.fws.gov/ 800–877–8339. hearing and several public information oregonfwo/—click on the link ‘‘Spotted SUPPLEMENTARY INFORMATION: On March meetings on our proposed revised rule Owl Main Information Site’’), or by 8, 2012, the U.S. Fish and Wildlife and associated documents; we contacting the Oregon Fish and Wildlife Service (Service) published in the announce two additional public Office directly (see FOR FURTHER Federal Register a proposal to revise the information meetings here. designated critical habitat for the INFORMATION CONTACT). Presidential Memorandum Comment Submission: You may northern spotted owl under the submit comments by one of the Endangered Species Act of 1973, as On February 28, 2012, the President following methods: amended (Act). Consistent with the best issued a memorandum to the Secretary (1) Electronically: Go to the Federal scientific data available, the standards of the Interior regarding the proposed eRulemaking Portal: http:// of the Act, our regulations, and agency revised critical habitat for the northern www.regulations.gov. Search for Docket practice, the Service initially identified, spotted owl, specifically on minimizing No. FWS–R1–ES–2011–0112, which is for public comment, approximately regulatory burdens. In that memo, the the docket number for this rulemaking, 13,962,449 acres (ac) (5,649,660 hectares President gave the following direction to and follow the directions for submitting (ha)) in 11 units and 63 subunits in the Secretary: a comment. California, Oregon, and Washington that (2) By hard copy: Submit by U.S. mail meet the definition of critical habitat. In ‘‘In order to avoid unnecessary costs and or hand-delivery to: Public Comments addition, however, the Act provides the burdens and to advance the principles of Executive Order 13563, consistent with the Processing, Attn: FWS–R1–ES–2011– Secretary with the discretion to exclude ESA, I hereby direct you to take the following 0112; Division of Policy and Directives certain areas from the final designation actions: Management; U.S. Fish and Wildlife after taking into consideration economic (1) Publish, within 90 days of the date of Service; 4401 N. Fairfax Drive, MS impacts, impacts on national security, this memorandum, a full analysis of the 2042–PDM; Arlington, VA 22203. and any other relevant impacts of economic impacts of the proposed rule,

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including job impacts, and make that benefits of exclusion of specific areas the conservation measures already analysis available for public comment; from the final critical habitat required as a result of its threatened (2) Consider excluding private lands and designation, so that the Secretary may status, and thus is expected to impose State lands from the final revised critical make informed decisions regarding minimal additional regulatory burden. habitat, consistent with applicable law and science; exclusions. The Service appreciates, and relies on (3) Develop clear direction, as part of the 3. In our proposed rule, we provided the many partners we have in final rule, for evaluating logging activity in a description of ecological forestry conservation, including private areas of critical habitat, in accordance with management actions that are compatible landowners, Tribes, States, and local the scientific principles of active forestry with both northern spotted owl recovery governments, and strongly desires to management and to the extent permitted by and timber harvest, as recommended in promote conservation partnerships to law; the Revised Recovery Plan for the conserve, protect, and enhance fish, (4) Carefully consider all public comments Northern Spotted Owl (76 FR 38575; wildlife, plants, and their habitats for on the relevant science and economics, July 1, 2011), which, in some areas, may the continuing benefit of the American including those comments that suggest actually increase harvest relative to people. potential methods for minimizing regulatory recent realized levels. While it is burdens; Public Comments (5) Give careful consideration to providing outside the purview of the Service to the maximum exclusion from the final direct forestry management, we will We will accept written comments and revised critical habitat, consistent with consult with Federal action agencies information during this extended applicable law and science; and and make recommendations on the best comment period on our proposed (6) To the extent permitted by law, adopt measures to provide protections for the revised designation of critical habitat for the least burdensome means, including owl and have minimal negative the northern spotted owl that was avoidance of unnecessary burdens on States, economic impacts. published in the Federal Register on tribes, localities, and the private sector, of 4. It is the normal practice of the March 8, 2012 (77 FR 14062), our draft promoting compliance with the ESA, Service to solicit public review and considering the range of innovative economic analysis, and draft comment on all rule-making actions, environmental assessment of the ecosystem management tools available to the and, as noted above, we consistently Department and landowners.’’ proposed revised designation. We will follow the standard of using the best consider information and To comply with this directive, the available scientific information in recommendations from all interested Service has taken the following steps: making critical habitat determinations. parties. We are particularly interested in 1. We conducted and completed, as In our proposed rule (77 FR 14062; comments concerning: per our normal practice, an economic March 8, 2012), we requested specific 1. Specific information regarding: analysis on the probable impacts of the information from all interested parties, a. The amount and distribution of proposed revised critical habitat, and additionally have requested northern spotted owl habitat; specifically in the areas of timber comment from expert peer reviewers. In b. What areas were occupied at the harvest and linear projects, and this notice, we have added several time of listing and contain features included a consideration of potential additional specific questions for essential to the conservation of the impacts to jobs. In this document, we comment, including questions on the species such that they should be announce the availability of this draft analytic framework and information in included in the designation and why; economic analysis for public review and our draft economic analysis, and we c. Whether these essential features comment. As discussed in more detail will use all information received in our may require special management below, we found that, depending on the analysis and final determination. considerations or protection and what decisions made and future directions 5. In our March 8, 2012, proposed rule special management considerations or taken by Federal action agencies, the (77 FR 14062), we identified several protection may be needed in critical incremental impacts of the proposed options we are considering for the final habitat areas we are proposing; critical habitat revision will likely be designation which include the d. What areas not occupied at the time minimal, or may even have a positive consideration of excluding private, of listing are essential for the impact, if ecological forestry State, and Congressionally Reserved conservation of the species and why; prescriptions are applied. This analysis lands within the proposed critical e. Whether we have identified any will be refined and revised, based on habitat. Additionally, we have solicited areas occupied at the time of listing, but information we receive during our comments and information regarding that do not contain features essential to comment period, and a final economic any other areas that may be appropriate the conservation of the species, and that analysis will be made available at the for exclusion. Again, the Secretary will therefore should not be included in the time of publication of the final rule. consider all appropriate exclusions, and designation; and 2. In our proposed rule (77 FR 14062; use the best available scientific and f. Whether we have identified any March 8, 2012), we proposed several commercial information to inform his areas that may not have been occupied options that we are considering for our evaluation in making any exclusions to at the time of listing and that are not final designation, three of which the final designation, as provided by essential to the conservation of the address the potential exclusion of section 4(b)(2) of the Act. species, such that they should not be private and State lands from the final 6. The Service appreciates, and is included in the designation. critical habitat determination. In making sensitive to, the potential for regulatory 2. Land-use designations and current the final determination, we will burden that may result from our or planned activities in the subject areas consider the best available scientific and designation of critical habitat for the and their possible impacts on proposed commercial information, including northern spotted owl under the Act. Our critical habitat. information we receive during our analysis indicates that the proposed 3. Our proposed approach to effects public comment period. This revision of critical habitat, as informed determinations for the purposes of information will be used in our by the Revised Recovery Plan for the conducting consultation under section evaluation process, described in section Northern Spotted Owl (76 FR 38575; 7(a)(2) of the Act, in particular the 4(b)(2) of the Act, which will examine July 1, 2011), is anticipated to have little application of a 500-ac (200-ha) scale as the benefits of inclusion and the incremental effects above and beyond a screen for a determination of not likely

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to adversely affect, as described in the and other formal agreements) and section ‘‘Criteria Used to Identify section ‘‘Determinations of Adverse congressionally reserved natural areas Critical Habitat’’ of the proposed rule Effects and Application of the ‘Adverse (e.g., wilderness areas, national scenic and also in our supporting Modification’ Standard’’ of the proposed areas, national parks) that are proposed documentation (Dunk et al. 2012). rule. for exclusion outweigh the benefits of 13. Information on the extent to 4. Assistance in the identification of including them in critical habitat. which the description of potential any private lands that are not expressly 11. We are considering the possible economic impacts in the draft economic identified as intended for inclusion exclusion of non-Federal lands, analysis is complete and accurate, within critical habitat and that may especially areas in private ownership, in specifically: have inadvertently been included particular, and whether the benefits of a. Whether there are incremental costs within the designation, due to mapping exclusion may outweigh the benefits of of critical habitat designation (e.g., costs and modeling limitations, as described inclusion of those areas. However, we attributable solely to critical habitat in the section ‘‘Proposed Revised seek comment more broadly on whether designation) that have not been Critical Habitat Designation’’ of the the benefits of excluding any other appropriately identified or considered proposed rule. particular area from critical habitat in our economic analysis, including 5. Information on the potential outweigh the benefits of including that costs associated with future impacts of climate change on the area in critical habitat under section administrative costs or project northern spotted owl and proposed 4(b)(2) of the Act, after considering both modifications that may be required by critical habitat, and whether special the potential impacts and benefits of the Federal agencies related to section 7 management needs or protections may proposed revised critical habitat consultation under the Act, and in be needed to address this issue in the designation. We, therefore, request particular, any impacts on small critical habitat areas we are proposing. specific information on: entities. 6. Any probable economic, national a. The benefits of including any b. Whether the draft economic security, or other relevant impacts of specific areas in the final designation analysis identifies all State and local designating any area as critical habitat, and supporting rationale. costs. If not, what other costs should be and in particular, any impacts on small b. The benefits of excluding any included. entities, and the benefits of including or specific areas from the final designation c. Whether our approach in the draft excluding areas that exhibit these and supporting rationale. economic analysis of evaluating three impacts. We particularly request c. Whether the designation will result possible scenarios of potential impacts information and comments on what in disproportionate economic impacts to to timber harvest in younger forests in activities may occur and the effects to specific areas that should be evaluated the Matrix land-use designation, based those activities in the proposed revised for possible exclusion from the final on the possible future decisions made critical habitat areas. Such information designation. by Federal land managers, covers all could include: d. Whether any specific exclusions reasonable scenarios, and makes sound a. The extent of possible activities, may result in the extinction of the and reasonable projections in the three including temporal and spatial scale, species and why (see ‘‘Exclusions’’ possible outcomes. These three relative to the critical habitat area section of the proposed rule). scenarios are: within which they occur. e. For private lands in particular, we i. Timber harvest volume does not b. The impact of possible activities on are interested in information regarding change; thinning that is currently taking the habitat’s likelihood of serving its the potential benefits of including place will most likely continue. intended conservation function or private lands in critical habitat versus ii. Timber harvest volume may purpose. the benefits of excluding such lands increase due to the application of c. The consistency of possible from critical habitat. This information ecological forestry practices in some activities with the recommendations of does not need to include a detailed areas of critical habitat. the Revised Recovery Plan for the technical analysis of the potential iii. Timber harvest volume may be Northern Spotted Owl or other effects of designated critical habitat on reduced due to voluntary agency landscape-level conservation plans. private property. In weighing the restriction in actions within designated 7. The potential economic impacts of potential benefits of exclusion versus critical habitat. the designation on timber harvest on inclusion of private lands, the Service d. Whether there are additional private lands included in the proposed may consider whether existing incremental economic impacts designation, especially on those lands partnership agreements provide for the associated with linear projects, which do not have habitat conservation management of spotted owl habitat. We including pipelines, that have not been plans (HCPs), safe harbor agreements may consider, for example, the status of identified or correctly characterized in (SHAs), or other conservation plans conservation efforts, the effectiveness of the economic analysis, including any which are currently active or under any conservation agreements to potential project modifications or delay development. conserve the species, and the likelihood costs that may result from consultations 8. Have we identified all potential of the conservation agreement’s future associated with critical habitat on such impacts to private landowners within implementation. There may be broad projects. the proposed critical habitat? public benefits of encouraging e. Whether the economic analysis 9. The conservation benefits that collaborative efforts and encouraging correctly assesses the effect on regional would result from the additional local and private conservation efforts, costs and jobs associated with timber protections to northern spotted owl and these broad benefits are important harvest and other activities that may habitat, above and beyond all measures considerations in our evaluation. derive from the designation. currently in place, that would be 12. Our process used for identifying f. Are the estimates of job mulitpliers afforded by the proposed revised critical those areas that meet the definition of discussed in the draft economic analysis habitat designation. critical habitat for the northern spotted reasonable for the region and current? 10. Whether the benefits of excluding owl, including the assumptions Please note that the scope of the the private and State lands with active incorporated into the habitat modeling analysis is limited to the incremental conservation agreements (HCPs, SHAs, process, as described more fully in the effects of critical habitat related to and

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within the geographic area of the comments will be included in the public information meetings allow the proposed designation for the northern public record for this rulemaking, and public the opportunity to interact with spotted owl. The analysis does not we will fully consider them in the Service staff and contractors, who will consider potential changes in timber preparation of our final determination. be available to provide information and activities on lands outside the proposed On the basis of peer review and public address questions on the proposed rule critical habitat designation. As such, comments, as well as any new and associated documents. We cannot this analysis cannot evaluate the information we may receive, we may, accept verbal testimony at any of the potential effects related to the timber during the development of our final public information meetings; verbal industry as a whole. determination, find that areas within the testimony can only be accepted at the 14. Whether the draft economic proposed designation do not meet the public hearing. Anyone wishing to make analysis makes appropriate assumptions definition of critical habitat, that some an oral statement at the public hearing regarding current practices and any modifications to the described for the record is encouraged to provide regulatory changes that will likely occur boundaries are appropriate, or that areas a written copy of their statement to us as a result of the designation of critical may or may not be appropriate for at the hearing. In the event there is a habitat. exclusion under section 4(b)(2) of the large attendance, the time allotted for 15. Whether the draft economic Act. oral statements may be limited. analysis identifies all Federal, State, and If you previously submitted Speakers can sign up at the hearing if local costs and benefits attributable to comments or information on this they desire to make an oral statement. the proposed revised designation of proposed rule, please do not resubmit Oral and written statements receive critical habitat, and information on any them. We have incorporated them into equal consideration. There are no limits costs that may have been inadvertently the public record for this rulemaking, on the length of written comments overlooked. and will fully consider them in the submitted to us. 16. Whether the draft environmental preparation of our final determination. Persons with disabilities needing assessment adequately presents the You may submit your written reasonable accommodations to purpose of and need for the proposed comments and materials concerning this participate in the public hearing or action, the proposed action and proposed rule by one of the methods public meetings should contact Paul alternatives, and the evaluation of the listed in ADDRESSES. Verbal testimony Henson, Field Supervisor, Oregon Fish direct, indirect, and cumulative effects may also be presented during the public and Wildlife Office (see FOR FURTHER of the alternatives. Specifically: hearing (see DATES and ADDRESSES INFORMATION CONTACT). Reasonable a. Have we properly identified the sections). We will post your entire accommodation requests should be range of issues relevant to the comment—including your personal received at least 3 business days prior designation of critical habitat for the identifying information—on http:// to the meeting or hearing to help ensure northern spotted owl? www.regulations.gov. If you submit your availability; at least 2 weeks prior notice b. Have we made reasonable comment via U.S. mail, you may request is requested for American Sign conclusions regarding the certainty or at the top of your document that we Language or English as a second uncertainty of the impacts of the withhold personal information such as language interpreter needs. proposed action and alternatives? your street address, phone number, or c. Have we identified a reasonable email address from public review; Background range of alternatives to meet the purpose however, we cannot guarantee that we It is our intent to discuss only those and need of the action, including will be able to do so. topics directly relevant to the proposed alternatives considered, but not fully Comments and materials we receive, revised designation of critical habitat for evaluated? as well as supporting documentation we the northern spotted owl in this d. Have we identified all reasonably used in preparing this proposed rule, document. For more information on foreseeable actions that could contribute will be available for public inspection previous Federal actions concerning the to the cumulative effects of the action? on http://www.regulations.gov, or by northern spotted owl, refer to the 17. Whether we could improve or appointment, during normal business proposed revised designation of critical modify our approach to designating hours, at the U.S. Fish and Wildlife habitat published in the Federal critical habitat in any way to provide for Service, Oregon Fish and Wildlife Office Register on March 8, 2012 (77 FR greater public participation and (see FOR FURTHER INFORMATION CONTACT). 14062), which is available online at understanding, or to better http://www.regulations.gov (at Docket Public Information Meetings and Public accommodate public concerns and Number FWS–R1–ES–2011–0112) or Hearing comments. from the Oregon Fish and Wildlife 18. Specific information on ways to We are holding seven public Office (see FOR FURTHER INFORMATION improve the clarity of this rule as it information meetings and one public CONTACT). pertains to completion of consultations hearing on the dates listed in DATES at under section 7 of the Endangered the locations listed in ADDRESSES. We Critical Habitat Species Act. are holding the public hearing to Section 3 of the Act defines critical Our final determination concerning provide interested parties an habitat as the specific areas within the revised critical habitat for the northern opportunity to present verbal testimony geographical area occupied by a species, spotted owl will take into consideration (formal, oral comments) or written at the time it is listed in accordance all written comments we receive during comments regarding the proposed with the Act, on which are found those all comment periods, comments from critical habitat designation and the physical or biological features essential peer reviewers, comments received associated draft economic analysis and to the conservation of the species and during the public meetings, comments draft environmental assessment. A that may require special management and public testimony received during formal public hearing is not, however, considerations or protection, and the public hearing, and any additional an opportunity for dialogue with the specific areas outside the geographical information we receive in response to Service or its contractors; it is only a area occupied by a species at the time the draft economic analysis and draft forum for accepting formal verbal it is listed, upon a determination that environmental assessment. The testimony. In contrast to the hearing, the such areas are essential for the

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conservation of the species. If the protection from adverse modification or the proposed critical habitat proposed rule is made final, section destruction of critical habitat. In designation, which are available for 7(a)(2) of the Act will prohibit practice, situations with a Federal nexus review and comment (see ADDRESSES). destruction or adverse modification of exist primarily on Federal lands or for Existing Protections for the Northern critical habitat by any activity funded, projects undertaken by Federal agencies. Spotted Owl Absent Critical Habitat authorized, or carried out by any When considering the benefits of Federal agency unless it is exempted exclusion, we consider, among other A variety of Federal, State, and local pursuant to the provisions of the Act. things, whether exclusion of a specific protections currently apply to the See 16 U.S.C. 1536(e)–(n) & (p). Federal area is likely to result in conservation; northern spotted owl due to its status as agencies proposing actions affecting the continuation, strengthening, or a threatened species under the Act; critical habitat must consult with us on encouragement of partnerships; or these protections, and any costs the effects of their proposed actions, implementation of a management plan. associated with them, are not associated under section 7(a)(2) of the Act. We also consider the potential economic with the designation of critical habitat Consistent with the best scientific or social impacts that may result from and are in place regardless of whether data available, the standards of the Act, the designation of critical habitat. they are overlaid by critical habitat. and our regulations, we have initially We have identified, and are Here we describe the existing identified, for public comment, considering, a number of specific protections for the northern spotted owl approximately 13,962,449 acres (ac) alternatives in this proposed rulemaking absent critical habitat. based on potential exclusions from the (5,649,660 hectares (ha)) in 11 units and Habitat Protections on Federal Lands 63 subunits in California, Oregon, and final rule. First, of the total area Washington that meet the definition of identified, we propose to exclude from Approximately 86 percent (12,023,709 critical habitat for the northern spotted the final designation approximately ac (4,864,823 ha)) of the proposed owl. In addition, the Act provides the 2,631,736 ac (1,065,026 ha) of National revised critical habitat designation is on Secretary with the discretion to exclude Park lands, Federal Wilderness Areas, Federal lands. These Federal lands certain areas from the final designation and other congressionally reserved already provide a variety of protections after taking into consideration economic natural areas, as well as 164,776 ac to the northern spotted owl and its impacts, impacts on national security, (66,682 ha) of State Park lands. Second, habitat, regardless of the designation of and any other relevant impacts of we propose to exclude from a final critical habitat, including protections specifying any particular area as critical designation approximately 936,816 ac provided by the standards and habitat. (379,116 ha) of State and private lands guidelines of the Northwest Forest Plan that have a Habitat Conservation Plan, (NWFP) and the protections provided by Consideration of Impacts Under Section Safe Harbor Agreement, conservation section 7 of the Act, as described more 4(b)(2) of the Act easement, or similar conservation fully here. The NWFP adopted a series Section 4(b)(2) of the Act requires that protection. And third, we are of reserves and management guidelines we designate or revise critical habitat considering exclusion of an additional that were intended to protect spotted based upon the best scientific data 838,344 ac (339,266 ha) of other non- owls and their habitat. Currently, the available, after taking into consideration Federal lands from the final designation. guidelines for managing the large the economic impact, impact on These specific alternatives will be reserves of the NWFP are more national security, or any other relevant considered on an individual basis or in restrictive than the recommendations impact of specifying any particular area any combination thereof. In addition, for reserved lands in the Revised as critical habitat. We may exclude an the final designation may not be limited Recovery Plan for the Northern Spotted area from critical habitat if we to these alternatives, but may also Owl. The protections to northern determine that the benefits of excluding consider other exclusions as a result of spotted owl habitat under the NWFP are the area outweigh the benefits of continuing analysis of relevant in place regardless of the designation of including the area as critical habitat, considerations (scientific, economic, critical habitat; critical habitat does not provided such exclusion will not result and other relevant factors, as required supersede or alter the standards and in the extinction of the species. by the Act) and the public comment guidelines of the NWFP. When considering the benefits of process. In particular, we solicit Since it was signed on April 13, 1994, inclusion for an area, we consider the comments from the public on the the NWFP has generally guided the additional regulatory benefits that area physical and biological features management of Federal forest lands would receive from the protection from currently identified in this proposal as within the range of the spotted owl adverse modification or destruction as a being essential for the conservation of (USDA and USDI 1994a, b). All U.S. result of actions with a Federal nexus the species, whether all of the areas Forest Service (Forest Service) and U.S. (activities conducted, funded, identified meet the definition of critical Bureau of Land Management (BLM) permitted, or authorized by Federal habitat, whether other areas would meet lands within the proposed revised agencies), the educational benefits of that definition, whether to make the designation of critical habitat for the mapping areas containing essential specific exclusions we have proposed, northern spotted owl are managed features that aid in the recovery of the and whether there are other areas that under the NWFP. The NWFP was listed species, and any benefits that may are appropriate for exclusion. designed to protect large blocks of late- result from designation due to State or The final decision on whether to successional forest and provide habitat Federal laws that may apply to critical exclude any areas will be based on the for species that depend on those forests, habitat. In the case of the northern best scientific data available at the time including the spotted owl, as well as to spotted owl, the benefits of critical of the final designation, including ‘‘produce a predictable and sustainable habitat include public awareness of the information obtained during the level of timber sales and non-timber presence of the northern spotted owl comment period and information about resources that will not degrade or and the importance of habitat the economic impact of designation. destroy the environment’’ (USDA and protection, and, where a Federal nexus Accordingly, we have prepared a draft USDI 1994a). The NWFP includes land- exists, increased habitat protection for economic analysis and draft use allocations that would provide for the northern spotted owl due to environmental assessment concerning population clusters of spotted owls (i.e.,

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demographic support) and maintain these agencies must additionally ensure State Forest Practice Rules. All of these connectivity between population that their actions are not likely to result protections are in place regardless of the clusters. Certain land-use allocations in in the destruction or adverse designation of critical habitat. the NWFP contribute to supporting modification of critical habitat. Finally, State and private lands may population clusters: Late-Successional also be subject to consultation under Non-Federal Lands Reserves (LSRs), Managed Late- section 7(a)(2) of the Act if a ‘‘Federal Successional Areas, and The proposed revised designation of nexus’’ exists, meaning the Federal Congressionally Reserved Areas. critical habitat includes 671,306 ac government authorizes, funds, or carries Riparian Reserves, Adaptive (271,558 ha) of State lands. Most of out an activity on privately-held or Management Areas and these State lands are either covered State-owned property. For example, a Administratively Withdrawn Areas can under a Habitat Conservation Plan Federal nexus may exist because a provide both demographic support and (HCP) or are composed of State Parks or project involves Federal funding or connectivity/dispersal between the State Fish and Wildlife lands. Many of requires a Federal permit, such as a larger blocks, but are not necessarily these lands have State regulations or Clean Water Act permit or an incidental designed for that purpose. ‘‘Matrix’’ guidelines in place that provide habitat take permit for another listed species land-use allocation areas are designed to protection for northern spotted owls, that co-occurs with the northern spotted support timber production while also regardless of critical habitat. For owl. In areas occupied by the northern retaining biological legacy components example, in the State of Washington, spotted owl, the protections provided by important to old-growth obligate species timber harvest activities must comply consultation under the jeopardy that would persist into future managed with the State Forest Practices Act and standard for the northern spotted owl timber stands. the Washington State Environmental would apply regardless of critical The proposed revised designation of Policy Act, and the management of State habitat. critical habitat for the northern spotted trust lands is guided by the State Forest In addition to the protections afforded owl includes 2,631,736 ac (1,065,026 Resource Plan, which requires the by the jeopardy standard of Section 7 of ha) of Congressionally-reserved Washington Department of Natural the Act, as discussed above, on all lands wilderness areas and National Park Resources (DNR) to analyze and regardless of ownership the northern lands. In these land allocations, there is potentially modify the impacts of its spotted owl also benefits from the generally little or no timber activities on watersheds, wildlife protections of section 9 of the Act management beyond, potentially, habitat, special ecological features, (which prohibits the ‘‘take’’ of listed removal of hazard trees or fuels wetlands, and other natural resources to wildlife species, defined as ‘‘harass, reduction to protect structures and road maintain healthy forests for future harm, pursue, hunt, shoot, wound, kill, maintenance, in addition to fire- generations. In addition to these State trap, capture, or collect, or attempt to management activities. Such areas thus policies for Washington, all forest lands engage in any such conduct’’) and protect habitat for the northern spotted managed by the DNR and considered in section 10 of the Act (under section owl absent the designation of critical the proposed rule are covered by a 10(a)(1)(B), a landowner or local habitat. Habitat Conservation Plan designed to government may develop an HCP for a In addition, we estimate that the vast provide habitat for a number of species, listed animal species to meet the majority of the proposed revised critical including the northern spotted owl. conditions for issuance of an incidental habitat on Federal lands is currently In Oregon, timber harvests on State take permit in connection with a land or occupied by the northern spotted owl; lands in Oregon are guided by the Forest water use activity or project). These therefore, these lands are already subject Practices Act and Forest Practices Rules. protections are considered baseline to consultation under section 7(a)(2) of In California, timber harvests are protections attributable to the listed the Act. Section 7(a)(2) provides that regulated by the California Forest status of the species, and they are in Federal agencies must, in consultation Practice Rules, which contain specific place regardless of the designation of with the Service, ensure that any action provisions for the protection of the critical habitat. authorized, funded, or carried out by northern spotted owl. The protections Section 4(b)(2) of the Act specifies that Federal agency is not likely to provided by these State regulations and that the Secretary [of the Interior] shall jeopardize the continued existence of a guidelines on State lands included in designate critical habitat ‘‘after taking listed species (this is referred to as the the proposed revised designation are in into consideration the economic impact, ‘‘jeopardy standard’’); for the northern place regardless of the designation of and any other relevant impact, of spotted owl, impacts to its habitat are critical habitat. specifying any particular area as critical considered as part of this analysis. The The proposed revised designation habitat.’’ This consideration does not jeopardy standard applies to the additionally identifies 1,267,704 ac extend to revisiting the impacts northern spotted owl on all Federal (512,279 ha) of private lands as associated with the listed status of the lands occupied by the species within potential critical habitat for the northern species. Thus, to understand the the proposed revised critical habitat, spotted owl. Of these lands, impacts attributable solely to the which, as noted above, constitutes the approximately 873,621 ac (353,541ha) designation of critical habitat, it is first majority of the proposed designation. In (69 percent) are already subject to necessary to understand the baseline areas where spotted owls occur, Federal existing or proposed HCPs or Safe protections and costs that are already on agencies, such as the Forest Service and Harbor Agreements (SHAs). An the landscape, regardless of the critical Bureau of Land Management, are additional 89,400 ac (36,179 ha) (7 habitat designation. The potential already consulting with the Service on percent) are subject to other existing impacts of the proposed revised critical the potential effects of their proposed conservation protections, such as habitat for the northern spotted owl are, actions under the jeopardy standard, conservation easements. Thus, only therefore, the economic costs and other regardless of whether these lands are 306,869 ac (124,185 ha) of private lands relevant costs associated with the currently designated as critical habitat. are without existing formal habitat designation above and beyond those The only additional requirement for protections for the northern spotted owl. baseline protections and associated these Federal agencies, subsequent to However, these lands are still subject to costs summarized above, and as the designation of critical habitat, is that applicable State regulations, such as described more fully in the draft

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economic analysis of our proposed costs attributed to listing. The draft Secretary and the Service in making the revision of critical habitat for the economic analysis quantifies, to the best decision. northern spotted owl (see below). extent possible, potential economic Because the northern spotted owl is impacts of northern spotted owl Scenario 1—Federal Land Managers already subject to existing protections conservation efforts associated with Choose Prescriptions to Maintain throughout most of its range, due to its timber management and other activities, Timber Harvest in Matrix Lands at threatened status under the Act, the such as linear projects (e.g., pipelines), Levels Similar to Recent Harvest costs attributable to the additional as well as potential impacts on jobs that In this scenario, it is assumed that designation of critical habitat over and may be attributable to the designation of Federal land managers will continue to beyond existing costs are estimated to critical habitat. manage these Matrix forests in a manner be relatively modest. The draft economic analysis similar to that done in recent years concludes that only a small fraction of Draft Economic Analysis the overall proposed revised designation under the 1992 and 2008 critical habitat. The purpose of the draft economic could potentially result in more than Federal timber harvest has been planned analysis is to identify and analyze the minor, incremental administrative costs. under the Standards and Guidelines of potential economic impacts associated Specifically, of the total acreage the Northwest Forest Plan, with an with the proposed critical habitat proposed for designation, the draft emphasis on thinning and some designation for the northern spotted economic analysis concludes that regeneration harvest. However, much of owl. The economic impact of the changes in timber harvest practices the regeneration harvest has been proposed critical habitat designation is attributable solely to the designation of contentious, and has sometimes been analyzed by comparing scenarios both critical habitat may occur on 1,389,787 legally challenged, based on a variety of ‘‘with critical habitat’’ and ‘‘without ac (562,427 ha) of U.S. Forest Service environmental and social concerns critical habitat.’’ The ‘‘without critical and BLM land, or approximately 9 (Baker 2011), whether it is within habitat’’ scenario represents the baseline percent of the total area proposed. In critical habitat or not. Therefore, in this for the analysis, considering protections addition, potential exists for the owners scenario, it is assumed that harvest will already in place for the species (e.g., of 306,869 ac (124,185 ha) of private continue to be mostly from thinning, under the Federal listing and other land to experience changes in harvest and will continue at recent levels. This Federal, State, and local regulations and levels due to the designation of critical scenario results in little change in guidelines, as described above in the habitat (approximately 2 percent of total timber harvest from recent realized section ‘‘Existing Protections for the acres proposed). No changes in harvests levels of harvest. The total annualized Northern Spotted Owl Absent Critical are expected on State lands as a result impacts to timber harvest operations Habitat’’). The baseline, therefore, of the designation. under this scenario could range from represents the costs incurred regardless There is uncertainty regarding the $185,000 to $316,000. of whether critical habitat is designated. economic impacts due to the revised The ‘‘with critical habitat’’ scenario critical habitat for the northern spotted Scenario 2—Federal Land Managers describes the incremental impacts owl, especially regarding the extent to Choose To Implement Ecological associated specifically with the which critical habitat may lead to Forestry Prescriptions in Matrix Lands designation of critical habitat for the changes in forest management by land In this scenario, Federal land species. The incremental conservation owners, in particular Federal land managers implement ecological forestry efforts and associated impacts are those managers. In the past, it has generally prescriptions compatible with the not expected to occur absent the been assumed that active forest considerations identified in the Revised designation of critical habitat for the management and conservation of critical Recovery Plan and the Standards and species. In other words, the incremental habitat were incompatible land Guidelines of the Northwest Forest Plan. costs are those attributable solely to the management goals. However, the This approach may allow for some designation of critical habitat, above and Revised Recovery Plan, as reiterated by beyond the baseline costs; these are the the proposed critical habitat rule, broader public support (i.e., reduced costs we may consider in the final encourages Forest Service and BLM to challenges) for variable retention designation of critical habitat when consider some active forest harvest and thinning to meet long-term evaluating the benefits of excluding management, both in dry and moist ecosystem management and restoration particular areas under section 4(b)(2) of forests, as they carry out their goals. Such an outcome should not the Act. The incremental costs of critical management responsibilities. result in harvest levels lower than habitat do not include baseline costs For the past two decades, Federal Scenario 2 above, and may result in a that are associated with the listed status land managers have worked net increase above recent levels of of the northern spotted owl, since these collaboratively with the Service to realized harvest. The recommendations costs are in place regardless of critical consult on actions occurring within of the Revised Recovery Plan may allow habitat. For a further description of the spotted owl critical habitat. However, agencies to choose to thin in some areas methodology of the analysis, see the the current proposed revision of critical of Matrix within critical habitat, where section ‘‘Framework for the Analysis’’ in habitat is larger than the final formerly they took a more cautious the draft economic analysis. designations of 1992 and 2008, and, hands off approach, or in certain forest The draft economic analysis provides given the uncertainty regarding possible types within the Matrix, they may estimated costs of the potential future actions by Federal land managers, choose to conduct some variable economic impacts of the proposed we believed it expedient to evaluate in retention harvest or other activities, as revised critical habitat designation for the draft economic analysis three appropriate and consistent with the the northern spotted owl. It identifies scenarios of potential impact on Federal recommendations of the Revised potential incremental costs as a result of timber harvest. No one scenario is a Recovery Plan. The total annualized the proposed critical habitat precise prediction of what might increased revenue to timber harvest designation; as described above, these happen in the future. Rather, these operations under this scenario could are those costs attributed to critical scenarios serve to bracket potential range from $1.23 million to $3.07 habitat over and above those baseline outcomes, and thereby inform the million.

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Scenario 3—Federal Land Managers ecological forestry recommendations in dependent on future policy decisions by Choose To Reduce Timber Harvest in the Revised Recovery Plan and the the Federal agencies. For example, the Matrix Lands From Recent Levels proposed critical habitat designation Secretaries of Interior and Agriculture In this scenario, it is assumed that and with the green-tree retention levels have expressed their support for active Federal land managers will choose to of the NWFP. forest management to restore forest reduce their timber management by 20 The draft analysis also considers and health and provide jobs to rural percent from the realized harvest levels provides a means of estimating potential communities. The Service has also of the recent past. That is, they will employment impacts associated with expressed support in the Revised conclude that some of their timber the potential change in timber harvest Recovery Plan and the proposed critical harvest activities would be incompatible under the above three scenarios. habitat rule for some levels of active Increases or decreases in timber harvests with the goals of critical habitat, and forest management within critical from Federal or private lands could they will decide to reduce or not plan habitat as consistent with long term result in positive or negative changes in timber harvest in some portion of the forest conservation and restoration jobs, respectively. As discussed in the Matrix forests that are within proposed goals. Of course, specific proposed draft economic analysis, a recent report critical habitat. If the BLM or the Forest actions must also be considered through published by the Pacific Northwest Service does reduce planned harvest the normal section 7 consultation Research Station of the USFS states that due to critical habitat, it will likely be process. in Oregon there were 9.4 direct jobs per As we stated earlier, we are soliciting in those portions of the Matrix that they MMBF of timber harvested in 2010, and data and comments from the public on believe have greater value to spotted 9.9 direct jobs per MMBF in the draft economic analysis and all owl recovery and should not be subject Washington, for a weighted average of aspects of the proposed rule. We may to timber management. The total 9.61. Other studies focusing on specific revise the proposed rule or supporting annualized impacts to timber harvest geographic regions or earlier time documents to incorporate or address operations under this scenario could periods estimate a broader range of jobs information we receive during the range from $2.46 million to $6.14 multipliers, suggesting the number of public comment period. In particular, million, based on potential reductions direct jobs affected in a specific we may exclude an area from critical in timber harvest on Federal lands. geographic location could be smaller or habitat if the Secretary determines that Which of these scenarios, or larger, depending on the specific the benefits of excluding the area combinations of these scenarios, comes characteristics of the industry in that outweigh the benefits of including the to pass is largely dependent on the affected region (see discussion in draft area, provided the exclusion will not approaches undertaken by the land economic analysis). Thus, increases or result in the extinction of this species. management agencies and the decreases in timber harvests from Draft Environmental Assessment cooperative section 7 processes between Federal or private lands could result in the Forest Service or BLM and the Fish positive or negative changes in jobs, Outside the jurisdiction of the U.S. and Wildlife Service. Both the Forest respectively. Scenario 1 does not Court of Appeals for the Tenth Circuit, Service and the BLM manage their forecast any reduction in harvest on we do not need to prepare timberlands under the direction of the Federal lands. Scenario 2 estimates an environmental analyses pursuant to the NWFP, which includes provisions for increase in timber harvest of 12 million National Environmental Policy Act of management both within and outside of board feet over the next 20 years on 1969 (NEPA) 42 U.S.C. 4321 et seq., in reserved areas. Inside reserves, we Federal lands. Scenario 3 estimates a connection with designating critical believe the guidance for development of reduction in timber harvest on Federal habitat under the Act, for the reasons late-successional forest characteristics is lands of 24 million board feet over the outlined in a notice published in the consistent with our recommendations next 20 years. Please note that the scope Federal Register on October 25, 1983 for implementing ecological forestry of the analysis is limited to the (48 FR 49244). This position was upheld methods to benefit the retention and incremental effects of critical habitat by the U.S. Court of Appeals for the development of spotted owl habitat. In related to and within the geographic Ninth Circuit (in a challenge to the first the non-reserved, or the Matrix, portion area of the proposed designation for the rulemaking designating critical habitat of the landscape which these agencies northern spotted owl. The analysis does for the northern spotted owl. Douglas manage, the NWFP provides minimum not consider potential changes in timber County v. Babbitt, 48 F. 3d 1495 (9th levels and sizes of standing trees that activities on lands outside the proposed Cir. 1995), cert. denied 416 U.S. 1042 must remain post-harvest, depending on critical habitat designation. As such, (1996)). Nevertheless, the Service, as a specific location within the range of the this analysis cannot evaluate the matter of discretion and not as a legal species. The NWFP does not, however, potential effects related to the timber requirement, is preparing a draft mandate that retaining only these industry as a whole. environmental assessment. minimum levels of retained trees is Finally, the draft economic analysis The draft environmental assessment necessary. Indeed, in the past decade, estimates potential impacts to linear will present the purpose of and need for the BLM and Forest Service have shifted projects may be from $10,800 to critical habitat designation, the their timber management emphasis in $19,400. Therefore, the total potential proposed action and alternatives, and an the Matrix from a regeneration harvest impacts under the three scenarios for evaluation of the direct, indirect, and dominated program to one more focused both timber industry and linear projects cumulative effects of the alternatives on thinning prescriptions that leave is estimated at from $196,000 to under the requirements of NEPA as more trees per acre than the minimums $335,000 under scenario 1, a net implemented by the Council on allowed under the NWFP. Since both increase in revenue of from $0.89 Environmental Quality regulations (40 the BLM and Forest Service have a million to $2.87 million under scenario CFR 1500 et seq.) and according to the proven track record of planning and 2, and a net impact of from $2.65 Department of the Interior’s NEPA implementing these thinning sales, we million to $6.48 million under procedures. believe there will be a smooth transition scenario 3. The draft environmental assessment to designing and implementing timber These outcomes, or variations and will assist the Service in deciding sales that are consistent with the combinations of them, are primarily whether or not critical habitat will be

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designated as proposed; if the proposed entities (i.e., small businesses, small Therefore, because Federal agencies are action requires refinement, or if another organizations, and small government not small entities, the Service may alternative is appropriate; or if further jurisdictions). However, no regulatory certify that the proposed critical habitat analyses are needed through preparation flexibility analysis is required if the rule will not have a significant of an environmental impact statement. head of the agency certifies the rule will economic impact on a substantial The draft environmental assessment not have a significant economic impact number of small entities. will be available on June 4, 2012, at on a substantial number of small We acknowledge, however, that in http://www.regulations.gov at Docket entities. The SBREFA amended the RFA some cases, third-party proponents of Number FWS–R1–ES–2011–0112, from to require Federal agencies to provide a the action subject to permitting or the Oregon Fish and Wildlife Office’s certification statement of the factual funding may participate in a section 7 Web site (http://www.fws.gov/ basis for certifying that the rule will not consultation, and thus may be indirectly oregonfwo/—click on the link ‘‘Spotted have a significant economic impact on affected. We believe it is good policy to Owl Main Information Site’’), or by a substantial number of small entities. assess these impacts if we have contacting the Oregon Fish and Wildlife According to the Small Business sufficient data before us to complete the Office directly (see FOR FURTHER Administration, small entities include necessary analysis, whether or not this INFORMATION CONTACT). We are soliciting small organizations such as analysis is strictly required by the RFA. comments from the public on our draft independent nonprofit organizations; While this regulation does not directly environmental assessment. small governmental jurisdictions, regulate these entities, in our draft including school boards and city and economic analysis, we have conducted Required Determinations—Amended town governments that serve fewer than a brief evaluation of the potential In our March 8, 2012, proposed rule 50,000 residents; and small businesses number of third parties participating in (77 FR 14062), we indicated that we (13 CFR 121.201). Small businesses consultations on an annual basis in would defer our determination of include manufacturing and mining order to ensure a more complete compliance with several statutes and concerns with fewer than 500 examination of the incremental effects executive orders until the information employees, wholesale trade entities of this proposed rule in the context of concerning potential economic impacts with fewer than 100 employees, retail the RFA. As discussed earlier in this of the designation and potential effects and service businesses with less than $5 notice and in more detail in our March on landowners and stakeholders became million in annual sales, general and 8, 2012, proposed rule (77 FR 14062) available in the draft economic analysis. heavy construction businesses with less and our draft economic analysis, we We have now made use of the draft than $27.5 million in annual business, believe that the incremental effects of economic analysis data to make these special trade contractors doing less than this proposed designation to be determinations. In this document, we $11.5 million in annual business, and relatively small due to the extensive affirm the information in our proposed forestry and logging operations with conservation measures already in place rule concerning Executive Order (E.O.) fewer than 500 employees and annual for the species, due to its being listed 12866 (Regulatory Planning and business less than $7 million. To under the Act and because of measures Review), E.O. 13563 (Improving determine if potential economic impacts provided under the NWFP and other Regulations and Regulatory Review), to these small entities are significant, we conservation programs. E.O. 12630 (Takings), E.O. 13132 considered the types of activities that Importantly, the incremental impacts (Federalism), E.O. 12988 (Civil Justice might trigger regulatory impacts under of the rule must be both significant and Reform), E.O. 13211 (Energy, Supply, this designation as well as types of substantial to prevent certification of the Distribution, and Use), the Unfunded project modifications that may result. In rule under the RFA and to require the Mandates Reform Act (2 U.S.C. 1501 et general, the term ‘‘significant economic preparation of an initial regulatory seq.), the Paperwork Reduction Act of impact’’ is meant to apply to a typical flexibility analysis. If a substantial 1995 (44 U.S.C. 3501 et seq.), the small business firm’s business number of small entities are affected by National Environmental Policy Act (42 operations. the critical habitat designation, but the U.S.C. 4321 et seq.), and the President’s Under the RFA, as amended, and per-entity economic impact is not memorandum of April 29, 1994, following recent court decisions, significant, the Service may certify. ‘‘Government-to-Government Relations Federal agencies are only required to Likewise, if the per-entity economic with Native American Tribal evaluate the potential incremental impact is likely to be significant, but the Governments’’ (59 FR 22951). However, impacts of rulemaking on those entities number of affected entities is not based on the draft economic analysis directly regulated by the rulemaking substantial, the Service may also certify. data, we are amending our required itself, and not the potential impacts to Because per-entity impacts are currently determination concerning the indirectly affected entities. The uncertain, our evaluation focused on the Regulatory Flexibility Act (5 U.S.C. 601 regulatory mechanism through which number of small entities potentially et seq.). critical habitat protections are realized affected. is section 7 of the Act, which requires In our draft economic analysis (DEA), Regulatory Flexibility Act (5 U.S.C. 601 Federal agencies, in consultation with we determined that there may be third- et seq.) the Service, to insure that any action party participants to consultations Under the Regulatory Flexibility Act authorized, funded, or carried by the involved with timber harvest and linear (RFA; 5 U.S.C. 601 et seq.), as amended Agency is not likely to adversely modify projects. In estimating the potential by the Small Business Regulatory critical habitat. Therefore, only Federal number of entities involved with Enforcement Fairness Act of 1996 action agencies are directly subject to consultations on timber harvest, we (SBREFA; 5 U.S.C. 801 et seq.), the specific regulatory requirement used the projection of 1,000 whenever an agency is required to (avoiding destruction and adverse consultations over the 20-year time publish a notice of rulemaking for any modification) imposed by critical horizon of the DEA related to timber proposed or final rule, it must prepare habitat designation. Under these harvest management, providing an and make available for public comment circumstances, it is our position that assumption of 50 consultations per year. a regulatory flexibility analysis that only Federal action agencies will be We predict that many of these describes the effects of the rule on small directly regulated by this designation. consultations will not involve third

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parties, but data is lacking about third- regulated entities under RFA and (SIP). The State is required under Part party participation rates. For the sake of relevant case law, this designation of C of title I of the Clean Air Act (CAA our evaluation, we assumed that third critical habitat will only directly or Act) to adopt and implement a SIP- parties are involved with these regulate Federal agencies which are not approved Prevention of Significant consultations and that each party is a by definition small business entities. Deterioration (PSD) permit program. small entity, providing an annual However, though not necessarily This SIP revision proposes to estimate of 50 small entities that may be required by the RFA, we chose to incorporate District Rule 2410— involved over the 20-year time horizon consider and evaluate the potential Prevention of Significant of the study. This is likely an over effects to third parties that may be Deterioration—into the SIP to establish estimate of the number of third parties involved with consultations with a PSD permit program for pre- involved with timber management Federal action agencies related to the construction review of certain new and consultations and therefore an over designation of critical habitat. As modified major stationary sources in estimate of the number of small entities discussed above, we determined that attainment or unclassifiable areas. The involved as well. The DEA further there may be entities that would most District is currently attainment or explored the projection of small likely be involved with consultations in unclassifiable for the PM10, NO2, CO, businesses in timber-related sectors in two sectors—timber management and and lead National Ambient Air Quality the geographic areas overlapping the linear projects. However, based on our Standards (NAAQS). We are soliciting critical habitat designation which conservative evaluation of the number public comments on this proposal and differed depending on the specific data of entities in these sectors potentially plan to follow with a final action after sets used, either 7,140 entities or 2,616 impacted, the proportion of the affected consideration of comments received. entities. Using our conservative estimate entities to those representing the sector DATES: Any comments must be of 50 small entities involved annually, in the study area, and the types of submitted no later than July 2, 2012. the proportion of entities potentially impacts, we certify that, if promulgated, ADDRESSES: impacted by the designation would be Submit comments, the proposed revised critical habitat identified by docket number EPA–R09– 0.70 percent and 1.9 percent, designation would not have a significant respectively, over the 20-year time OAR–2012–0408, by one of the economic impact on a substantial following methods: horizon of the study. Based on these number of small business entities. As calculations, we have concluded that 1. Federal eRulemaking Portal: such, an initial regulatory flexibility www.regulations.gov. Follow the on-line these proportions do not represent a analysis is not required. substantial number of small business instructions. entities potentially affected in the Authors 2. Email: [email protected]. timber management sector. Please refer 3. Mail or deliver: Gerardo Rios (Air- The primary authors of this notice are 3), U.S. Environmental Protection to Appendix A of the DEA for further the staff members of the Oregon Fish details of our evaluation. Agency Region IX, 75 Hawthorne Street, and Wildlife Office, Pacific Region, U.S. San Francisco, CA 94105–3901. Next we explored the potential impact Fish and Wildlife Service. to third parties that may be involved Instructions: All comments will be with consultations related to linear Authority included in the public docket without change and may be made available projects. On the basis of similar The authority for this action is the conservative assumptions explained in online at www.regulations.gov, Endangered Species Act of 1973, as including any personal information the DEA, we concluded that there may amended (16 U.S.C. 1531 et seq.). be a total of 11 projects in a given year provided, unless the comment includes that may involve third parties. If we Dated: May 1, 2012. Confidential Business Information (CBI) similarly assume that each of these Rachel Jacobson, or other information whose disclosure is parties represent small entities, then we Acting Assistant Secretary for Fish and restricted by statute. Information that estimate that 11 small entities in a given Wildlife and Parks. you consider CBI or otherwise protected year could be impacted by the [FR Doc. 2012–13305 Filed 5–29–12; 4:15 pm] should be clearly identified as such and designation. However, based on an BILLING CODE 4310–55–P should not be submitted through evaluation of the relative proportion www.regulations.gov or email. these 11 entities may represent of the www.regulations.gov is an ‘‘anonymous specific sector, we believe that they are ENVIRONMENTAL PROTECTION access’’ system, and EPA will not know unlikely to represent a substantial AGENCY your identity or contact information number. Further, the projected impacts unless you provide it in the body of to third parties resulting from the 40 CFR Part 52 your comment. If you send email consultations on linear projects are directly to EPA, your email address will [EPA–R09–OAR–2012–0408; FRL–9680–1] anticipated to be administrative in be automatically captured and included nature. Thus, based on our conservative Approval of Air Quality Implementation as part of the public comment. If EPA estimates in identifying third parties in Plans; California; San Joaquin Valley cannot read your comment due to this sector that potentially may be Unified Air Pollution Control District; technical difficulties and cannot contact impacted and the projected proportion Prevention of Significant Deterioration you for clarification, EPA may not be of the number of entities and types of able to consider your comment. impacts, we conclude that the AGENCY: Environmental Protection Docket: The index to the docket for designation would not result in a Agency (EPA). this action is available electronically at significant impact to a substantial ACTION: Proposed rule. www.regulations.gov and in hard copy number of small business entities in this at EPA Region IX, 75 Hawthorne Street, sector. Please refer to Appendix A of the SUMMARY: EPA is proposing approval of San Francisco, California. While all DEA for further details of our a permitting rule submitted for the San documents in the docket are listed in evaluation. Joaquin Valley Unified Air Pollution the index, some information may be In conclusion, we believe that, based Control District (District) portion of the publicly available only at the hard copy on our interpretation of directly California State Implementation Plan location (e.g., copyrighted material), and

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some may not be publicly available in SUPPLEMENTARY INFORMATION: C. Transfer of existing EPA-issued PSD either location (e.g., CBI). To inspect the Throughout this document, ‘‘we,’’ ‘‘us’’ permits. hard copy materials, please schedule an and ‘‘our’’ refer to EPA. D. Public comment and proposed action. III. Statutory and Executive Order Reviews appointment during normal business Table of Contents hours with the contact listed in the FOR I. The State’s Submittal FURTHER INFORMATION CONTACT section I. The State’s Submittal below. A. What rule did the State submit? A. What rule did the State submit? B. Are there other versions of this rule? FOR FURTHER INFORMATION CONTACT: Lisa C. What is the purpose of the submitted Table 1 lists the rule on which we are rule? proposing action with the date it was Beckham, Permits Office (AIR–3), U.S. II. EPA’s Evaluation and Action Environmental Protection Agency, A. How is EPA evaluating this rule? adopted by the local agency and Region IX, (415) 972–3811, B. Does the rule meet the evaluation submitted to EPA by the California Air [email protected]. criteria? Resources Board (CARB).

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted

SJVUAPCD ...... 2410 Prevention of Significant Deterioration ...... 6/16/2011 8/23/2011

CAA section 110(k)(1)(B) requires District’s PSD permitting program, as PSD permitting authority. Rule 2410 EPA to determine whether a SIP intended by the CAA. also relies on the existing SIP-approved submittal is complete within 60 days of public notice requirements contained in II. EPA’s Evaluation and Action receipt. This section also provides that Rule 2201—New Source Review. In any SIP submittal that we have not A. How is EPA evaluating this rule? addition, we reviewed revisions made to affirmatively determined to be complete 40 CFR 51.166 and 52.21 after the or incomplete will become complete by The relevant statutory provisions for District adopted Rule 2410. Please see operation of law six months after the our review of the submitted rules the TSD for additional information. day of submittal. The August 23, 2011 include CAA sections 110(a), 110(l), and Based on our review of Rule 2410 and submittal of the District’s PSD 165 and Part 51, section 166 of title 40 confirmation from the District, in a regulation became complete by of the Code of Federal Regulations (40 letter dated May 18, 2012, regarding its operation of law on February 23, 2012. CFR 51.166). Section 110(a) requires, implementation procedures and among other things, that SIP rules be commitment to revise Rule 2410 in the B. Are there other versions of this rule? enforceable, while section 110(l) future for clarity, we are proposing to There are no previous versions of precludes EPA approval of SIP revisions find the SIP revision acceptable under Rule 2410 in the California SIP. The that would interfere with any applicable CAA sections 110(a), 110(l) and 165 and District originally adopted Rule 2410 on requirements concerning attainment and 40 CFR 51.166. June 16, 2011 and it has not been reasonable further progress. Section 165 EPA’s TSD for this rulemaking has revised since that date. of the CAA requires states to adopt a more information about this rule, pre-construction permitting program for including our evaluation and C. What is the purpose of the submitted certain new and modified major recommendation to approve it into the rule? stationary sources located in attainment SIP. Section 110(a) of the CAA requires or unclassifiable areas. 40 CFR 51.166 states to adopt and submit regulations establishes the specific requirements for C. Transfer of Existing EPA-Issued PSD for the implementation, maintenance SIP-approved PSD permit programs that Permits and enforcement of the primary and must be met to satisfy the requirements The District has also requested secondary NAAQS. Specifically, section of section 165 of the CAA. approval to exercise its authority to 110(a)(2)(J) requires the state’s plan to administer the PSD program with B. Does the rule meet the evaluation meet the applicable requirements of respect to those sources located in the criteria? section 165 relating to a pre- District that have existing PSD permits construction permit program for the With some exclusions and revisions, issued by EPA. This would include prevention of significant deterioration of Rule 2410 incorporates by reference authority to conduct general air quality and visibility protection. The EPA’s PSD permit program at 40 CFR administration of these existing permits, purpose of District Rule 2410— 52.21, as of June 16, 2011. We generally authority to process and issue any and Prevention of Significant Deterioration, consider the EPA’s PSD permit program all subsequent PSD permit actions is to implement a pre-construction PSD to be consistent with the criteria in 40 relating to such permits (e.g., permit program as required by section CFR 51.166. However, we conducted a modifications, amendments, or 165 of the CAA for certain new and review of Rule 2410 to ensure that all revisions of any nature), and authority modified major stationary sources requirements of 40 CFR 51.166 are met. to enforce such permits. Pursuant to the located in attainment areas. Because the Our evaluation is available as an criteria under section 110(a)(2)(E)(i) of State does not currently have a SIP- attachment to the technical support the CAA, we have determined that the approved PSD program within the document (TSD) for this rulemaking. We District has the authority, personnel, District, EPA is currently the PSD also reviewed the revisions the District and funding to implement the PSD permitting authority in the District. made to the provisions of 40 CFR 52.21 program within the District for existing Inclusion of this rule into the SIP will that were incorporated by reference into EPA-issued permits. Concurrent with transfer PSD permitting authority from Rule 2410, such as revising certain EPA’s approval of the District’s PSD EPA to the District. EPA would then terms and definitions to reflect that the program into the SIP, the EPA-issued assume the role of overseeing the District, rather than the EPA, will be the permits would be transferred to the

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District. A list of these EPA-issued We will accept comments from the safety risks subject to Executive Order permits is provided as an attachment to public on this proposal until July 2, 13045 (62 FR 19885, April 23, 1997); the TSD. EPA intends to provide a copy 2012. • Is not a significant regulatory action of each permit to the District prior to the III. Statutory and Executive Order subject to Executive Order 13211 (66 FR effective date of the final SIP approval. 28355, May 22, 2001); In order to promote an orderly Reviews • transition of the PSD program from the Under the Clean Air Act, the Is not subject to requirements of EPA to the District, the efficient use of Administrator is required to approve a Section 12(d) of the National the District’s and EPA’s resources, and SIP submission that complies with the Technology Transfer and Advancement certainty for the regulated community provisions of the Act and applicable Act of 1995 (15 U.S.C. 272 note) because and the public, EPA proposes to retain Federal regulations. 42 U.S.C. 7410(k); application of those requirements would PSD permit implementation authority 40 CFR 52.02(a). Thus, in reviewing SIP be inconsistent with the Clean Air Act; for those specific sources within the submissions, EPA’s role is to approve and District that have submitted PSD permit State choices, provided that they meet • Does not provide EPA with the applications to EPA and for which EPA the criteria of the Clean Air Act. discretionary authority to address has issued a proposed permit decision, Accordingly, this proposed action disproportionate human health or but for which final agency action and/ merely approves State law as meeting environmental effects with practical, or the exhaustion of all administrative Federal requirements and does not appropriate, and legally permissible and judicial appeals processes impose additional requirements beyond methods under Executive Order 12898 (including any associated remand those imposed by State law. For that (59 FR 7629, February 16, 1994). actions) have been not yet been reason, this proposed action: In addition, this proposed rule does concluded or completed upon the • Is not a ‘‘significant regulatory not have tribal implications as specified effective date of EPA’s final action on action’’ subject to review by the Office by Executive Order 13175 (65 FR 67249, Rule 2410. The District would assume of Management and Budget under November 9, 2000), because the SIP is full PSD responsibility for the Executive Order 12866 (58 FR 51735, not approved to apply in Indian country administration and implementation of October 4, 1993); such PSD permits immediately upon • Does not impose an information located in the State, and EPA notes that notification from EPA that all collection burden under the provisions it will not impose substantial direct administrative and judicial appeals of the Paperwork Reduction Act (44 costs on tribal governments or preempt processes and any associated remand U.S.C. 3501 et seq.); tribal law. • actions have been completed or Is certified as not having a List of Subjects in 40 CFR Part 52 concluded for any such permit significant economic impact on a application. substantial number of small entities Environmental protection, Air under the Regulatory Flexibility Act pollution control, Carbon monoxide, D. Public Comment and Proposed (5 U.S.C. 601 et seq.); Greenhouse gases, Incorporation by Action • Does not contain any unfunded reference, Intergovernmental relations, Because EPA believes the submitted mandate or significantly or uniquely Lead, Nitrogen dioxide, Ozone, rule fulfills all relevant requirements, affect small governments, as described Particulate matter, Reporting and we are proposing to fully approve it as in the Unfunded Mandates Reform Act recordkeeping requirements, Sulfur a revision to the SIP pursuant to section of 1995 (Pub. L. 104–4); oxides, Volatile organic compounds. 110(k)(3) of the Act. Specifically, we are • Does not have Federalism Dated: May 22, 2012. proposing to approve District Rule implications as specified in Executive 2410—Prevention of Significant Order 13132 (64 FR 43255, August 10, Jared Blumenfeld, Deterioration, as adopted by the District 1999); Regional Administrator, Region IX. on June 16, 2011 and submitted by • Is not an economically significant [FR Doc. 2012–13338 Filed 5–31–12; 8:45 am] CARB on August 23, 2011. regulatory action based on health or BILLING CODE 6560–50–P

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Notices Federal Register Vol. 77, No. 106

Friday, June 1, 2012

This section of the FEDERAL REGISTER PLACE: Radio Free Europe/Radio Commission will convene on contains documents other than rules or Liberty, Vinohradska 159A, 100 00 Wednesday, June 27, 2012, at 1:30 p.m. proposed rules that are applicable to the Prague 10, Czech Republic. and adjourn at approximately 3:00 p.m. public. Notices of hearings and investigations, SUBJECT: Notice of Meeting of the at the Department of Employment, committee meetings, agency decisions and Training and Rehabilitation, 2800 East rulings, delegations of authority, filing of Broadcasting Board of Governors. petitions and applications and agency SUMMARY: The Broadcasting Board of St. Louis Ave., Las Vegas, Nevada statements of organization and functions are Governors (BBG) will be meeting at the 89104. The purpose of the meeting is for examples of documents appearing in this time and location listed above. At the the Committee to plan future activities. section. meeting, the BBG will consider a Members of the public are entitled to resolution to honor S. Enders Wimbush submit written comments. The for his service on the Board, and a comments must be received in the AGENCY FOR INTERNATIONAL resolution regarding limiting spending Western Regional Office by July 27, DEVELOPMENT on travel and conferences. The BBG will 2012. The mailing address is Western Regional Office, U.S. Commission on Notice of Meeting recognize the anniversaries of Agency language services, receive a budget Civil Rights, 300 N. Los Angeles St., Pursuant to the Federal Advisory update, and receive reports from the Suite 2010, Los Angeles, CA 90032. Committee Act, notice is hereby given of International Broadcasting Bureau Persons wishing to email their a meeting of the Advisory Committee on Director, the Communications and comments may do so to Voluntary Foreign Aid (ACVFA). External Affairs Director, the VOA [email protected]. Persons that desire Date: Friday, June 15, 2012. Director, the Office of Cuba additional information should contact Registration: 8 a.m. to 9 a.m. Broadcasting Director, and the Angelica Trevino, Office Manager, Time: 9 a.m. to 12 p.m. Presidents of Radio Free Europe/Radio Western Regional Office, at (213) 894– Location: Georgetown University, Liberty (RFE/RL), Radio Free Asia, and 3437. Healy Hall Lawn (site of ACVFA the Middle East Broadcasting Networks. Hearing-impaired persons who will meeting tent), 37th and O Streets NW., The public may attend this meeting in attend the meeting and require the Washington, DC 20057. person at RFE/RL headquarters in services of a sign language interpreter should contact the Regional Office at Agenda Prague as seating capacity allows. Member of the public seeking to attend least ten (10) working days before the USAID Administrator Rajiv Shah will the meeting in person must register at scheduled date of the meeting. make opening remarks, followed by http://bbgboardmeetingjune2012. Records generated from this meeting panel discussions among ACVFA eventbrite.com by 10 a.m. (EDT) on June may be inspected and reproduced at the members and USAID leadership, and 6. For more information, please contact Western Regional Office, as they become open Q&A. A draft agenda and BBG Public Affairs at (202) 203–4400 or available, both before and after the additional information will be by email at [email protected]. This meeting. Persons interested in the work forthcoming on the ACVFA Web site at meeting will also be available for public of this advisory committee are advised http://www.usaid.gov/about_usaid/ observation via streamed Webcast, both to go to the Commission’s Web site, acvfa. live and on-demand, on the BBG’s www.usccr.gov, or to contact the Stakeholders public Web site at www.bbg.gov. Western Regional Office at the above email or street address. CONTACT PERSON FOR MORE INFORMATION: The meeting is free and open to the The meeting will be conducted Persons interested in obtaining more public. Persons wishing to attend pursuant to the provisions of the rules information should contact Paul should register online at http:// and regulations of the Commission and _ Kollmer-Dorsey at (202) 203–4545. transition.usaid.gov/about usaid/acvfa/ FACA. acvfaregistration.html. For additional Paul Kollmer-Dorsey, information please contact Paloma Dated in Washington, DC, May 25, 2012. Deputy General Counsel. Adams-Allen at (202) 712–4378 or Peter Minarik, [email protected]. [FR Doc. 2012–13472 Filed 5–30–12; 4:15 pm] Acting Chief, Regional Programs BILLING CODE 8610–01–P Coordination Unit Dated: May 29, 2012. [FR Doc. 2012–13271 Filed 5–31–12; 8:45 am] Paloma Adams-Allen, BILLING CODE 6335–01–P ACVFA Executive Director (A). COMMISSION ON CIVIL [FR Doc. 2012–13351 Filed 5–31–12; 8:45 am] RIGHTS[REMOVED PRIVATE FIELD] BILLING CODE P Agenda and Notice of Public Meeting DEPARTMENT OF COMMERCE of the Nevada Advisory Committee BROADCASTING BOARD OF Submission for OMB Review; GOVERNORS Notice is hereby given, pursuant to Comment Request the provisions of the rules and Government in the Sunshine Act regulations of the U.S. Commission on The Department of Commerce will Meeting Notice Civil Rights (Commission), and the submit to the Office of Management and Federal Advisory Committee Act Budget (OMB) for clearance the DATE AND TIME: Thursday, June 7, 2012, (FACA), that a meeting of the Nevada following proposal for collection of 10:00 a.m. EDT. Advisory Committee (Committee) to the information under the provisions of the

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Paperwork Reduction Act (44 U.S.C. DEPARTMENT OF COMMERCE information collection should be sent Chapter 35). within 30 days of publication of this Agency: National Oceanic and Submission for OMB Review; notice to Atmospheric Administration (NOAA). Comment Request [email protected]. Title: Application for Commercial The Department of Commerce will Dated: May 29, 2012. Fisheries Authorization under Section submit to the Office of Management and Gwellnar Banks, 118 of the Marine Mammal Protection Budget (OMB) for clearance the Management Analyst, Office of the Chief Act. Information Officer. OMB Control Number: 0648–0293. following proposal for collection of Form Number(s): NA. information under the provisions of the [FR Doc. 2012–13323 Filed 5–31–12; 8:45 am] Type of Request: Regular submission Paperwork Reduction Act (44 U.S.C. BILLING CODE 3510–22–P (extension of a current information Chapter 35). Agency: National Oceanic and collection). DEPARTMENT OF COMMERCE Number of Respondents: 800. Atmospheric Administration (NOAA). Title: List of Gear by Fisheries and Average Hours per Response: Initial Foreign-Trade Zones Board registration, 15 minutes; renewal, 9 Fishery Management Council. minutes. OMB Control Number: 0648–0436. [Order No. 1832] Burden Hours: 180. Form Number(s): None. Grant of Authority for Subzone Status; Needs and Uses: This request is for Type of Request: Regular submission Mitsubishi Power Systems Americas, extension of a current information (extension of a current information Inc. (Wind Turbine Nacelles and collection. collection). Generating Sets) Fort Smith, AR The Marine Mammal Protection Act Number of Respondents: 6. Average Hours per Response: 1 hour, requires any commercial fisher Pursuant to its authority under the Foreign- operating in Category I and II fisheries 30 minutes. Trade Zones Act of June 18, 1934, as to register for a certificate of Burden Hours: 9. amended (19 U.S.C. 81a–81u), the Foreign- authorization that will allow the fisher Needs and Uses: This request is for Trade Zones Board (the Board) adopts the to take marine mammals incidental to extension of a currently approved following Order: commercial fishing operations. Category information collection. Whereas, the Foreign-Trade Zones Act Under the provisions of the I and II fisheries are those identified by provides for ‘‘* * * the establishment Magnuson-Stevens Fishery and NOAA as having either frequent or * * * of foreign-trade zones in ports of Conservation and Management Act occasional takings of marine mammals. entry of the United States, to expedite Some states have integrated the NMFS (Magnuson-Stevens Act) [16 U.S.C. 1801 and encourage foreign commerce, and registration process into the existing et seq.], as amended by the Sustainable for other purposes,’’ and authorizes the state fishery registration process and Fisheries Act [Pub. L. 104–297], the Foreign-Trade Zones Board to grant to fishers in those fisheries do not need to Secretary of Commerce (Secretary) is qualified corporations the privilege of file a separate federal registration. If required to publish a list of all fisheries establishing foreign-trade zones in or applicable, vessel owners will be under authority of each Regional adjacent to U.S. Customs and Border notified of this simplified registration Fishery Management Council (Council) Protection ports of entry; process when they apply for their state and all such fishing gear used in such Whereas, the Board’s regulations (15 of Federal permit or license. fisheries (see section 305(a) of the CFR Part 400) provide for the Affected Public: Business or other for- Magnuson-Stevens Act). The list has establishment of special-purpose profit organizations; individuals or been published and appears in 50 CFR subzones when existing zone facilities households. 600.725(v). Any person wishing to use cannot serve the specific use involved, Frequency: Annually. gear not on the list, or engage in a and when the activity results in a Respondent’s Obligation: Mandatory. fishery not on the list, must provide the significant public benefit and is in the OMB Desk Officer: appropriate Council or the Secretary, in public interest; [email protected]. the case of Atlantic highly migratory Whereas, the Arkansas Economic Copies of the above information species with 90 days of advance notice. Development Commission, grantee of collection proposal can be obtained by If the Secretary takes no action to Foreign-Trade Zone 14, has made calling or writing Jennifer Jessup, prohibit such a fishery or use of such a application to the Board for authority to Departmental Paperwork Clearance gear, the person may proceed. establish a special-purpose subzone at Officer, (202) 482–0336, Department of Affected Public: Business or other for- the wind turbine nacelle and generating Commerce, Room 6616, 14th and profit organizations. set manufacturing facility of Mitsubishi Constitution Avenue NW., Washington, Frequency: On occasion. Power Systems Americas, Inc., located DC 20230 (or via the Internet at Respondent’s Obligation: Required to in Fort Smith, Arkansas (FTZ Docket [email protected]). obtain or retain benefits. 55–2011, filed 8–19–2011); OMB Desk Officer: Whereas, notice inviting public Written comments and _ recommendations for the proposed OIRA [email protected]. comment has been given in the Federal information collection should be sent Copies of the above information Register (76 FR 53403–53404, 8–26– within 30 days of publication of this collection proposal can be obtained by 2011) and the application has been notice to calling or writing Jennifer Jessup, processed pursuant to the FTZ Act and [email protected]. Departmental Paperwork Clearance the Board’s regulations; and, Officer, (202) 482–0336, Department of Whereas, the Board adopts the Dated: May 25, 2012. Commerce, Room 6616, 14th and findings and recommendations of the Gwellnar Banks, Constitution Avenue NW., Washington, examiner’s report, and finds that the Management Analyst, Office of the Chief DC 20230 (or via the Internet at requirements of the FTZ Act and Information Officer. [email protected]). Board’s regulations are satisfied, and [FR Doc. 2012–13270 Filed 5–31–12; 8:45 am] Written comments and that the proposal is in the public BILLING CODE 3510–22–P recommendations for the proposed interest;

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Now, therefore, the Board hereby administrative review of the merchandise during the POR. As there grants authority for subzone status for antidumping duty order on certain were no entries, exports, or sales of the activity related to the manufacturing of frozen warmwater shrimp from Brazil subject merchandise during the POR, we wind turbine nacelles and generating with respect to three companies.2 are rescinding this review of the sets at the Mitsubishi Power Systems The Department stated in its initiation antidumping duty order on certain Americas, Inc., facility located in Fort of this review that it intended to rely on frozen warmwater shrimp from Brazil Smith, Arkansas (Subzone 14H), as U.S. Customs and Border Protection pursuant to 19 CFR 351.213(d)(3). We described in the application and (CBP) data to select respondents. See intend to issue assessment instructions Federal Register notice, subject to the Initiation Notice. However, our review to CBP 15 days after the date of FTZ Act and the Board’s regulations, of the CBP database, with respect to the publication of this notice of rescission including Section 400.13. companies for which reviews were of administrative review. Signed at Washington, DC, this 24th day of requested, showed no entries of certain This notice is published in May 2012. frozen warmwater shrimp originating in accordance with section 751 of the Paul Piquado, Brazil, subject to antidumping duties Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Assistant Secretary for Import and countervailing duties (AD/CVD), Administration, Alternate Chairman, Foreign- during the POR. See April 4, 2012, Dated: May 23, 2012. Trade Zones Board. Memorandum to the File entitled Christian Marsh, [FR Doc. 2012–13361 Filed 5–31–12; 8:45 am] ‘‘Release of POR Entry Data from CBP’’. Deputy Assistant Secretary for Antidumping BILLING CODE P We released the results of our CBP data and Countervailing Duty Operations. query to the Domestic Producers, the [FR Doc. 2012–13367 Filed 5–31–12; 8:45 am] only interested party to this segment of BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE the proceeding, and invited them to comment on the CBP data and International Trade Administration respondent selection. We received no DEPARTMENT OF COMMERCE comments on the CBP data or [A–351–838] respondent selection. International Trade Administration On April 17, 2012, we sent a ‘‘No Certain Frozen Warmwater Shrimp [A–570–901] From Brazil: Notice of Rescission of Shipments Inquiry’’ to CBP to confirm Antidumping Duty Administrative that there were no shipments or entries Certain Lined Paper Products From the Review of frozen warmwater shrimp from Brazil People’s Republic of China: Notice of during the POR from the companies Preliminary Results of the AGENCY: Import Administration, subject to review. We received no Antidumping Duty Administrative International Trade Administration, information from CBP to contradict the Department of Commerce. Review and Preliminary Rescission, In results of our data query. Part FOR FURTHER INFORMATION CONTACT: Kate On May 8, 2012, we stated that, Johnson or Rebecca Trainor, AD/CVD because information from CBP indicates AGENCY: Import Administration, Operations, Office 2, Import that there were no entries of shrimp International Trade Administration, Administration, International Trade from Brazil during the POR from the Department of Commerce. Administration, U.S. Department of companies covered by this review, we SUMMARY: The Department of Commerce Commerce, 14th Street and Constitution intend to rescind this review. See May (‘‘the Department’’) is conducting the Avenue NW., Washington, DC 20230; 8, 2012, Memorandum to James Maeder, fifth administrative review of the telephone: (202) 482–4929 or (202) 482– Director, Office 2, AD/CVD Operations, antidumping duty order on certain lined 4007, respectively. entitled ‘‘Intent to Rescind paper products (‘‘CLPP’’) from the SUPPLEMENTARY INFORMATION: Administrative Review.’’ We invited People’s Republic of China (‘‘PRC’’) parties to comment on our intent to with respect to two producers/exporters Background rescind this administrative review. We for the period September 1, 2010, On February 1, 2012, the Department did not receive comments from any through August 31, 2011. If these of Commerce (the Department) interested party. preliminary results are adopted in our published in the Federal Register a On May 18, 2012, we clarified for the final results of this review, we will notice of ‘‘Opportunity to Request record that the results of our CBP data instruct U.S. Customs and Border Administrative Review’’ of the query showed no entries of certain Protection (‘‘CBP’’) to assess antidumping duty order on certain frozen warmwater shrimp from Brazil, antidumping duties on all appropriate frozen warmwater shrimp from Brazil subject to AD/CVD duties, during the entries of subject merchandise during for the period of review (POR) of POR from any company. See May 18, the period of review. February 1, 2011, through January 31, 2012, Memo to The File entitled ‘‘Data Interested parties are invited to 2012.1 The Department received a Query Request for Respondent comment on these preliminary results. timely request from the Ad Hoc Shrimp Selection.’’ We intend to issue the final results no Trade Action Committee (Domestic later than 120 days from the date of Rescission of Review Producers) in accordance with 19 CFR publication of this notice, pursuant to 351.213(b), for an administrative review Section 351.213(d)(3) of the section 751(a)(3)(A) of the Tariff Act of of the antidumping duty order on Department’s regulations stipulates that 1930, as amended (‘‘the Act’’). certain frozen warmwater shrimp from the Secretary may rescind an DATES: Effective Date: June 1, 2012. Brazil. On April 2, 2012, the Department administrative review if there were no FOR FURTHER INFORMATION CONTACT: published a notice of initiation of an entries, exports, or sales of the subject Cindy Lai Robinson or Joy Zhang, AD/ CVD Operations, Office 3, Import 1 See Antidumping or Countervailing Duty Order, 2 See Certain Frozen Warmwater Shrimp from Finding, or Suspended Investigation; Opportunity Brazil, India and Thailand: Notice of Initiation of Administration, International Trade to Request Administrative Review, 77 FR 4990 Antidumping Duty Administrative Reviews, 77 FR Administration, Department of (February 1, 2012). 19612 (April 2, 2012) (Initiation Notice). Commerce, 14th Street and Constitution

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Avenue NW., Washington, DC 20230; Period of Review • Writing pads with a backing telephone: (202) 482–3797 or (202) 482– The period of review (‘‘POR’’) is (including but not limited to products 1168, respectively. September 1, 2010, through August 31, commonly known as ‘‘tablets,’’ ‘‘note SUPPLEMENTARY INFORMATION: 2011. pads,’’ ‘‘legal pads,’’ and ‘‘quadrille pads’’), provided that they do not have Background Scope of the Order a front cover (whether permanent or On September 2, 2011, the The scope of this order includes removable). This exclusion does not Department published in the Federal certain lined paper products, typically apply to such writing pads if they Register the notice of the ‘‘Opportunity school supplies (for purposes of this consist of hole-punched or drilled filler scope definition, the actual use of or paper; to Request Administrative Review’’ of • the antidumping duty order on CLPP labeling these products as school Three-ring or multiple-ring binders, from the PRC, for the period September supplies or non-school supplies is not a or notebook organizers incorporating 1, 2010, through August 31, 2011.1 On defining characteristic) composed of or such a ring binder provided that they do September 30, 2011, we received a including paper that incorporates not include subject paper; • Index cards; request from petitioner 2 to review the straight horizontal and/or vertical lines • Printed books and other books that following three companies: Shanghai on ten or more paper sheets (there shall are case bound through the inclusion of Lian Li Paper Products Co., Ltd. (‘‘Lian be no minimum page requirement for binders board, a spine strip, and cover Li’’); Hwa Fuh Plastics Co., Ltd./Li Teng looseleaf filler paper) including but not limited to such products as single- and wrap; Plastics (Shenzhen) Co., Ltd. (‘‘Hwa • Newspapers; 3 multi-subject notebooks, composition Fuh/Li Teng’’) ; and Leo’s Quality • Pictures and photographs; books, wireless notebooks, looseleaf or Products Co., Ltd./Denmax Plastic • Desk and wall calendars and glued filler paper, graph paper, and Stationery Factory (‘‘Leo/Denmax’’). On organizers (including but not limited to laboratory notebooks, and with the October 31, 2011, we published the such products generally known as smaller dimension of the paper notice of initiation of this antidumping ‘‘office planners,’’ ‘‘time books,’’ and measuring 6 inches to 15 inches duty administrative review with respect ‘‘appointment books’’); to Lian Li and Leo/Denmax.4 (inclusive) and the larger dimension of • Telephone logs; the paper measuring 83⁄4 inches to 15 • Respondents and Questionnaires Address books; inches (inclusive). Page dimensions are • Columnar pads & tablets, with or On November 8, 2011, we issued a measured size (not advertised, stated, or without covers, primarily suited for the questionnaire to Lian Li and Leo/ ‘‘tear-out’’ size), and are measured as recording of written numerical business Denmax by electronic mail. Counsel to they appear in the product (i.e., stitched data; Lian Li acknowledged receipt of the and folded pages in a notebook are • Lined business or office forms, questionnaire via email dated November measured by the size of the page as it including but not limited to: pre-printed 8, 2011.5 Receiving no appears in the notebook page, not the business forms, lined invoice pads and acknowledgement of receipt of the size of the unfolded paper). However, paper, mailing and address labels, emailed questionnaire from Leo/ for measurement purposes, pages with manifests, and shipping log books; Denmax, we sent a hard copy of the tapered or rounded edges shall be • Lined continuous computer paper; questionnaire to Leo/Denmax through measured at their longest and widest • Boxed or packaged writing UPS by registered mail on November 17, points. Subject lined paper products stationary (including but not limited to 2011.6 On December 30, 2011, Lian Li may be loose, packaged or bound using products commonly known as ‘‘fine submitted a letter, certifying that they any binding method (other than case business paper,’’ ‘‘parchment paper’’, did not export the subject merchandise bound through the inclusion of binders and ‘‘letterhead’’), whether or not to the United States during the period board, a spine strip, and cover wrap). containing a lined header or decorative of review. Leo/Denmax did not respond Subject merchandise may or may not lines; and to the Department’s antidumping contain any combination of a front • Stenographic pads (‘‘steno pads’’), questionnaire. cover, a rear cover, and/or backing of Gregg ruled (‘‘Gregg ruling’’ consists of any composition, regardless of the a single- or double-margin vertical 1 See Antidumping or Countervailing Duty Order, inclusion of images or graphics on the ruling line down the center of the page. Finding, or Suspended Investigation: Opportunity cover, backing, or paper. Subject For a six-inch by nine-inch stenographic to Request Administrative Review, 76 FR 54735 merchandise is within the scope of this pad, the ruling would be located (September 2, 2011). order whether or not the lined paper approximately three inches from the left 2 The petitioner is the Association of American School Paper Suppliers (‘‘AASPS’’). and/or cover are hole punched, drilled, of the book.), measuring 6 inches by 9 3 The Department was unable to locate Hwa Fuh/ perforated, and/or reinforced. Subject inches. Li Teng in prior segments and the petitioner did not merchandise may contain accessory or Also excluded from the scope of this provide any new information as to Hwa Fuh/Li informational items including but not order are the following trademarked Teng’s location in its review request letter. limited to pockets, tabs, dividers, Accordingly, pursuant to 19 CFR 351.303(f)(3)(ii), products: • TM the Department did not accept a request for an closure devices, index cards, stencils, Fly lined paper products: A administrative review of Hwa Fuh/Li Teng. protractors, writing implements, notebook, notebook organizer, loose or 4 See Initiation of Antidumping and reference materials such as glued note paper, with papers that are Countervailing Duty Administrative Reviews and mathematical tables, or printed items printed with infrared reflective inks and Request for Revocation in Part, 76 FR 67133 TM (October 31, 2011) (‘‘Initiation Notice’’). such as sticker sheets or miniature readable only by a Fly pen-top 5 See Memorandum to File from Joy Zhang, calendars, if such items are physically computer. The product must bear the analyst, through James Terpstra, Program Manager, incorporated, included with, or attached valid trademark FlyTM (products found Office 3, AD/CVD Operations, dated May 10, 2012. to the product, cover and/or backing to be bearing an invalidly licensed or 6 See ‘‘Proof of Delivery of Antidumping thereto. used trademark are not excluded from Questionnaire to Leo’s Quality Products Co., Ltd,’’ memorandum to file from Joy Zhang, analyst, Specifically excluded from the scope the scope). • TM through James Terpstra, Program Manager, Office 3, of this order are: Zwipes : A notebook or notebook AD/CVD Operations, dated January 4, 2012. • Unlined copy machine paper; organizer made with a blended

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polyolefin writing surface as the cover sewn to the front cover face to face on January 19, 2012. We have not and pocket surfaces of the notebook, (outside to outside) so that when the received a response from CBP with suitable for writing using a specially- book is closed, the stitching is regard to our inquiry which indicates developed permanent marker and erase concealed from the outside. During that CBP did not have information that system (known as a ZwipesTM pen). construction, the polyester cover is was contrary to the claim of Lian Li. This system allows the marker portion sewn to the back cover with the outside Therefore, in accordance with 19 CFR to mark the writing surface with a of the polyester spine cover to the inside 351.213(d)(3) and consistent with our permanent ink. The eraser portion of the back cover. Both free ends (the ends not practice, we are preliminarily marker dispenses a solvent capable of sewn to the cover and back) are stitched rescinding this review of the solubilizing the permanent ink allowing with a turned edge construction. Each antidumping duty order on lined paper the ink to be removed. The product ring within the fixture is comprised of TM from the PRC, for the period September must bear the valid trademark Zwipes a flexible strap portion that snaps into 7 (products found to be bearing an a stationary post which forms a closed 1, 2010, through August 31, 2011. If the invalidly licensed or used trademark are binding ring. The ring fixture is riveted rescission is confirmed in our final not excluded from the scope). with six metal rivets and sewn to the results, the cash deposit rate for the Lian • FiveStar® AdvanceTM: A notebook back plastic cover and is specifically Li will continue to be the rate or notebook organizer bound by a positioned on the outside back cover. established in the most recently continuous spiral, or helical, wire and The product must bear the valid completed segment of this proceeding. with plastic front and rear covers made TM trademark FiveStar Flex (products Separate Rate of a blended polyolefin plastic material found to be bearing an invalidly joined by 300 denier polyester, coated licensed or used trademark are not Pursuant to section 771(18)(C) of the on the backside with PVC (poly vinyl excluded from the scope). Act, a designation of a country as an chloride) coating, and extending the In response to a request from NME remains in effect until it is entire length of the spiral or helical petitioners to conduct a changed revoked by the Department. wire. The polyolefin plastic covers are circumstances review, the Department Accordingly, there is a rebuttable of specific thickness; front cover is revoked the order, in part, with respect presumption that all companies within 0.019 inches (within normal to FiveStar® AdvanceTM notebooks and the PRC are subject to government manufacturing tolerances) and rear notebook organizers without PVC control and, thus, should be assessed a cover is 0.028 inches (within normal coatings. See Certain Lined Paper single antidumping duty rate.8 In the manufacturing tolerances). Integral with Products from People’s Republic of the stitching that attaches the polyester China: Final Results of Antidumping Initiation Notice, the Department spine covering, is captured both ends of Duty Changed Circumstances Review notified parties of the application a 1’’ wide elastic fabric band. This band and Revocation, in Part, 76 FR 60803 process by which exporters and is located 2-3⁄8’’ from the top of the front (September 30, 2011). producers may obtain separate rate plastic cover and provides pen or pencil Merchandise subject to this order is status in NME proceedings.9 It is the storage. Both ends of the spiral wire are typically imported under headings Department’s policy to assign all cut and then bent backwards to overlap 4810.22.5044, 4811.90.9090, exporters of the merchandise subject to with the previous coil but specifically 4820.10.2010, 4820.10.2020, review in NME countries a single rate outside the coil diameter but inside the 4820.10.2030, 4820.10.2040, unless an exporter can affirmatively polyester covering. During construction, 4820.10.2050, 4820.10.2060, demonstrate an absence of government the polyester covering is sewn to the 4820.10.4000, 4820.30.0040, control, both in law (de jure) and in fact front and rear covers face to face 4811.90.9035, 4811.90.9080, and (de facto), with respect to exports. To (outside to outside) so that when the 4811.90.9050 of the Harmonized Tariff establish whether a company is book is closed, the stitching is Schedule of the United States sufficiently independent to be entitled concealed from the outside. Both free (‘‘HTSUS’’). The HTSUS headings are to a separate, company-specific rate, the ends (the ends not sewn to the cover provided for convenience and customs Department analyzes each exporting and back) are stitched with a turned purposes; however, the written entity in an NME country under the test edge construction. The flexible description of the scope of this order is polyester material forms a covering over dispositive. 7 See, e.g., Certain Frozen Fish Fillets From the the spiral wire to protect it and provide Preliminary Partial Rescission Socialist Republic of Vietnam: Notice of a comfortable grip on the product. The Preliminary Results and Partial Rescission of the product must bear the valid trademarks On December 30, 2011, Lian Li Third Antidumping Duty Administrative Review, 72 ® TM submitted a letter, certifying that they FR 53527, 53530 (September 19, 2007), unchanged FiveStar Advance (products found in Certain Frozen Fish Fillets From the Socialist to be bearing an invalidly licensed or did not export the subject merchandise Republic of Vietnam: Final Results of Antidumping used trademark are not excluded from to the United States during the POR. Duty Administrative Review and Partial Rescission, the scope). Lian Li requested that the Department 73 FR 15479, 15480 (March 24, 2008); see also • FiveStar FlexTM: A notebook, a rescind the administrative review with Cetain Activated Carbon From the People’s Republic of China: Preliminary Results of the notebook organizer, or binder with respect to Lian Li. On February 16, Fourth Antidumping Duty Administrative Review, plastic polyolefin front and rear covers 2012, we conducted an internal query of and Intent to Rescind in Part, 77 FR 26496 (May joined by 300 denier polyester spine the CBP entry data with respect to Lian 4, 2012). cover extending the entire length of the Li. The CBP entry data confirms Lian 8 See Notice of Final Determination of Sales at spine and bound by a 3-ring plastic Li’s claims of no shipments. Less Than Fair Value, and Affirmative Critical Circumstances, In Part: Certain Lined Paper fixture. The polyolefin plastic covers are Additionally, we sent an inquiry to CBP Products From the People’s Republic of China, 71 of a specific thickness; front cover is asking whether any CBP office had any FR 53079, 53082 (September 8, 2006); Final 0.019 inches (within normal information contrary to the no Determination of Sales at Less Than Fair Value and manufacturing tolerances) and rear shipments claim and requesting CBP Final Partial Affirmative Determination of Critical Circumstances: Diamond Sawblades and Parts cover is 0.028 inches (within normal alert the Department of any such Thereof From the People’s Republic of China, 71 FR manufacturing tolerances). During information within ten days of receiving 29303, 29307 (May 22, 2006). construction, the polyester covering is our inquiry. CBP received our inquiry 9 See Initiation Notice.

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established in Sparklers,10 as amplified Section 776(b) of the Act further the Department finds it necessary to use by Silicon Carbide.11 However, if the provides that the Department may use an adverse inference in making its Department determines that a company an adverse inference in applying the determination, pursuant to section is wholly foreign-owned or located in a facts otherwise available when a party 776(b) of the Act. has failed to cooperate by not acting to market economy (‘‘ME’’), then a separate Selection of the Adverse Facts rate analysis is not necessary to the best of its ability to comply with a Available Rate determine whether it is independent request for information. Section 776(b) from government control.12 of the Act also authorizes the In deciding which facts to use as Department to use as adverse facts AFA, section 776(b) of the Act and 19 The PRC–Wide Entity and Use of available information derived from the CFR 351.308(c)(1) authorize the Adverse Facts Available (‘‘AFA’’) petition, the final determination, a Department to rely on information Sections 776(a)(1) and (2) of the Act previous administrative review, or other derived from (1) the petition, (2) a final provide that the Department shall apply information placed on the record. determination in the investigation, (3) ‘‘facts otherwise available’’ if, inter alia, Section 776(c) of the Act provides any previous review or determination, necessary information is not on the that, when the Department relies on or (4) any other information placed on record or an interested party or any secondary information rather than on the record. Because of the PRC-wide other person: (A) Withholds information information obtained in the course of an entity’s failure to cooperate in this that has been requested; (B) fails to investigation or review, it shall, to the administrative review, we have provide information within the extent practicable, corroborate that preliminarily assigned the PRC-wide deadlines established, or in the form information from independent sources entity an AFA rate of 258.21 percent, and manner requested by the that are reasonably at its disposal. which is the PRC-wide rate determined Department, subject to subsections (c)(1) Secondary information is defined as in the investigation of CLPP from the and (e) of section 782 of the Act; (C) ‘‘information derived from the petition PRC, which is the highest rate on the significantly impedes a proceeding; or that gave rise to the investigation or record of all segments of this 16 (D) provides information that cannot be review, the final determination proceeding. As explained below, this verified as provided by section 782(i) of concerning the subject merchandise, or rate has been corroborated. the Act. any previous review under section 751 Corroboration of Facts Available Where the Department determines concerning the subject merchandise.’’ 13 Section 776(c) of the Act provides that a response to a request for ‘‘Corroborate’’ means that the that, when the Department relies on information does not comply with the Department will satisfy itself that the secondary information rather than on request, section 782(d) of the Act secondary information to be used has 14 information obtained in the course of an provides that the Department will so probative value. To corroborate investigation or review, it shall to the inform the party submitting the secondary information, the Department extent practicable, corroborate that response and will, to the extent will, to the extent practicable, examine information from independent sources practicable, provide that party the the reliability and relevance of the that are reasonably at the Department’s opportunity to remedy or explain the information to be used. The SAA disposal. Secondary information is deficiency. If the party fails to remedy explains, however, that the Department described in the SAA as ‘‘information the deficiency within the applicable need not prove that the selected facts derived from the petition that gave rise time limits, subject to section 782(e) of available are the best alternative to the investigation or review, the final 15 the Act, the Department may disregard information. determination concerning the subject all or part of the original and subsequent Leo/Denmax did not respond to the merchandise, or any previous review responses, as appropriate. Section Department’s questionnaire. Because we under section 751 concerning the have determined that Leo/Denmax is 782(e) of the Act provides that the subject merchandise.’’ 17 The SAA not entitled to a separate rate and is now Department ‘‘shall not decline to explains that ‘‘corroborate’’ means to part of the PRC-wide entity, the PRC- consider information that is submitted determine that the information used has wide entity is now under review. The by an interested party and is necessary probative value. The Department has PRC-wide entity did not respond to our to the determination but does not meet determined that to have probative value, requests for information. Because the all applicable requirements established information must be reliable and PRC-wide entity did not respond to our by the administering authority’’ if the relevant.18 The SAA also explains that information is timely, can be verified, is requests for information, we find it not so incomplete that it cannot serve as necessary under section 776(a)(2) of the 16 See Notice of Amended Final Determination of a reliable basis, and if the interested Act to use facts available as the basis for Sales at Less Than Fair Value: Certain Lined Paper party acted to the best of its ability in these preliminary results. Because the Products from the People’s Republic of China; providing the information. Where all of PRC-wide entity provided no Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the these conditions are met, the statute information, we determine that sections People’s Republic of China; and Notice of requires the Department to use the 782(d) and (e) of the Act are not relevant Countervailing Duty Orders: Certain Lined Paper information if it can do so without to our analysis. We further find that the Products from India and Indonesia, 71 FR 56949 undue difficulties. PRC-wide entity failed to respond to the (September 28, 2006) (‘‘CLPP PRC Investigation’’) and Notice of Final Determination of Sales at Less Department’s requests for information Than Fair Value, and Affirmative Critical 10 See Final Determination of Sales at Less Than and, therefore, did not cooperate to the Circumstances, In Part: Certain Lined Paper Fair Value: Sparklers From the People’s Republic of best of its ability. Therefore, because the Products From the People’s Republic of China, 71 China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’) PRC-wide entity did not cooperate to FR 53079 (September 8, 2006), and accompanying 11 See Notice of Final Determination of Sales at the best of its ability in the proceeding, Issues and Decision Memorandum (‘‘LTFV Iss. & Less Than Fair Value: Silicon Carbide From the Dec. Memo’’). People’s Republic of China, 59 FR 22585 (May 2, 17 See SAA at 870. 1994). (‘‘Silicon Carbide’’). 13 See The Statement of Administrative Action, 18 See Tapered Roller Bearings and Parts Thereof, 12 See, e.g., Final Results of Antidumping Duty reprinted in H.R. Doc. No. 103–216, at 870 (1994) Finished and Unfinished, From Japan, and Tapered Administrative Review: Petroleum Wax Candles (‘‘SAA’’) at 870. Roller Bearings, Four Inches or Less in Outside From the People’s Republic of China, 72 FR 52355, 14 See id. Diameter, and Components Thereof, From Japan; 52356 (September 13, 2007). 15 See id. at 869. Continued

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independent sources used to corroborate Disclosure and Public Hearing accordance with 19 CFR 351.2121(c) (2), such evidence may include, for The Department will disclose to if the review is rescinded for these example, published price lists, official parties the calculations performed in companies. import statistics and customs data, and connection with these preliminary Cash Deposit Requirements information obtained from interested results within five days of the date of parties during the particular public announcement. See 19 CFR The following cash deposit 19 investigation. 351.224(b). Unless notified by the requirements will be effective upon As stated above, we are applying as Department, pursuant to 19 CFR publication of the notice of final results AFA the highest and only rate for the 351.309(c)(ii), interested parties may of the administrative review for all PRC-wide entity from any segment of submit cases briefs not later than 30 shipments of CLPP from the PRC this administrative proceeding, which is days after the date of publication of this entered, or withdrawn from warehouse, 258.21 percent from the CLPP PRC notice. Rebuttal briefs, limited to issues for consumption on or after the date of Investigation. The AFA rate selected raised in the case briefs, may be filed here is from the investigation. This rate publication, as provided by section not later than five days after the 751(a)(2)(C) of the Act: (1) For was calculated based on information deadline for filing the case briefs. See 19 contained in the petition, which was previously reviewed or investigated CFR 351.309(d). Parties who submit companies not listed above that have corroborated for the final determination. case briefs or rebuttal briefs in this separate rates, the cash-deposit rate will See LTFV Iss. & Dec. Memo at 38. No proceeding are requested to submit with continue to be the company-specific rate additional information has been each argument: (1) A statement of the published for the most recent period; (2) presented in the current review which issue; (2) a brief summary of the calls into question the reliability of the argument; and (3) a table of authorities. for all other PRC exporters of subject information and the Department’s Additionally, parties are requested to merchandise, which have not been corroboration. In fact, the Department’s provide their case briefs and rebuttal found to be entitled to a separate rate, corroboration of this PRC rate was briefs in electronic format (e.g., the cash-deposit rate will be PRC-wide affirmed by the Court’s recent decision WordPerfect, Microsoft Word, Adobe rate of 258.21 percent; and (3) for all in The Watanabe Group v United States, Acrobat, etc.). non-PRC exporters of subject LEXIS 144; SLIP OP. 2010–139 (Ct. Int’l Interested parties who wish to request merchandise, the cash-deposit rate will Trade Dec. 22, 2010) where the Court a hearing or to participate if one is be the rate applicable to the PRC found that with no evidence specific to requested must submit a written request exporter that supplied that non-PRC the review and no evidence questioning to the Assistant Secretary for Import exporter. These deposit requirements, the prior corroboration of the PRC-wide Administration within 30 days of the when imposed, shall remain in effect rate, the Department may rely on the date of publication of this notice. until further notice. corroborated rate from an earlier Requests should contain: (1) The party’s segment of the proceeding because name, address and telephone number; Notification to Importers doing so is based on a reasonable (2) the number of participants; and (3) This notice also serves as a inference from the current record. a list of issues to be discussed. Issues Therefore, the Department finds that preliminary reminder to importers of raised in the hearing will be limited to their responsibility under 19 CFR the information continues to be reliable those raised in the case and rebuttal 351.402(f)(2) to file a certificate and relevant and therefore the rate is briefs. See 19 CFR 351.310(c). regarding the reimbursement of corroborated. The Department will issue the final antidumping duties prior to liquidation Preliminary Results of The Review results of this review, including the results of its analysis of issues raised in of the relevant entries during this The Department has determined that any written briefs, within 150 days of review period. Failure to comply with the following preliminary dumping signature of these preliminary results, this requirement could result in the margin exists for the period September unless the final results are extended. Secretary’s presumption that 1, 2010, through August 31, 2011: See section 751(a)(2)(B)(iv) of the Act. reimbursement of antidumping duties occurred and the subsequent assessment Assessment Rates of double antidumping duties. Upon issuance of the final results, the These preliminary results are issued Weighted- Department will determine, and CBP Producer/manufacturer average and published in accordance with margin shall assess, antidumping duties on all sections 751(a)(1), 751(a)(2)(B) and appropriate entries covered by this 777(i)(1) of the Act, 19 CFR review. The Department intends to issue PRC–Wide Rate (which includes 351.221(b)(4), and 19 CFR 351.214. Leo/Denmax) ...... 258.21% assessment instructions to CBP 15 days after the publication date of the final Dated: May 24, 2012. results of this review. We intend to Paul Piquado, Preliminary Results of Antidumping Duty instruct CBP to liquidate entries Administrative Reviews and Partial Termination of Assistant Secretary for Import Administrative Reviews, 61 FR 57391, 57392 containing subject merchandise Administration. (November 6, 1996), unchanged in Tapered Roller exported by the PRC-wide entity [FR Doc. 2012–13369 Filed 5–31–12; 8:45 am] Bearings and Parts Thereof, Finished and (including Leo/Denmax) at the PRC- BILLING CODE 3510–DS–P Unfinished, From Japan, and Tapered Roller wide rate. Finally, for those companies Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, From Japan; Final for which this review has been Results of Antidumping Duty Administrative preliminarily rescinded, the Department Reviews and Termination in Part, 62 FR 11825 intends to assess antidumping duties at (March 13, 1997). rates equal to the cash deposit of 19 See SAA at 870; see also Notice of Final Determination of Sales at Less Than Fair Value: estimated antidumping duties required Live Swine From Canada, 70 FR 12181, 12183 at the time of entry, or withdrawal from (March 11, 2005). ware house, for consumption, in

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DEPARTMENT OF COMMERCE On January 30, 2012, in accordance request we had received for the review with section 751(a)(3)(A) of the Tariff of Nan Ya. Because the Department International Trade Administration Act of 1930, as amended (the Act), the received no other requests for review of [A–583–833] Department extended the due date for Nan Ya, we are rescinding the review the preliminary results by 85 days from with respect to Nan Ya in accordance Certain Polyester Staple Fiber From the original due date of January 31, with 19 CFR 351.213(d)(1). 3 Taiwan: Preliminary Results of 2012, to April 25, 2012. Further, on Date of Sale Antidumping Duty Administrative April 11, 2012, the Department Review extended the due date for the Section 351.401(i) of the Department’s preliminary results by an additional 35 regulations states that the Department AGENCY: Import Administration, days to May 30, 2012.4 normally will use the date of invoice, as International Trade Administration, recorded in the producer’s or exporter’s Department of Commerce. Scope of the Order records kept in the ordinary course of SUMMARY: The Department of Commerce The product covered by the order is business, as the date of sale. The (the Department) is conducting an PSF. PSF is defined as synthetic staple regulation provides further that the administrative review of the fibers, not carded, combed or otherwise Department may use a date other than antidumping duty order on certain processed for spinning, of polyesters the date of the invoice if the Secretary polyester staple fiber (PSF) from measuring 3.3 decitex (3 denier, is satisfied that a different date better Taiwan. The period of review (POR) is inclusive) or more in diameter. This reflects the date on which the material May 1, 2010, through April 30, 2011. merchandise is cut to lengths varying terms of sale are established. The This review covers imports of certain from one inch (25 mm) to five inches Department has a long-standing practice PSF from one producer/exporter, Far (127 mm). The merchandise subject to of finding that, where shipment date Eastern New Century Corporation the order may be coated, usually with a from the factory precedes invoice date, (FENC). We have preliminarily found silicon or other finish, or not coated. shipment date better reflects the date on that sales of the subject merchandise PSF is generally used as stuffing in which the material terms of sale are have been made below normal value. If sleeping bags, mattresses, ski jackets, established.5 these preliminary results are adopted in comforters, cushions, pillows, and With respect to FENC’s sales to the our final results, we will instruct U.S. furniture. Merchandise of less than 3.3 United States, shipment date usually Customs and Border Protection (CBP) to decitex (less than 3 denier) currently occurs on or before the date of invoice. assess antidumping duties on all classifiable in the Harmonized Tariff The date of shipment is the date on appropriate entries. We are also Schedule of the United States (HTSUS) which goods are shipped from the rescinding the review in part for one at subheading 5503.20.00.20 is factory. The date of invoice is the date firm, Nan Ya Plastics Corporation, for specifically excluded from the order. on which the Government Uniform which the request for review was Also specifically excluded from the Invoice is issued. Further, based on withdrawn in a timely manner. order are PSF of 10 to 18 denier that are record evidence, all material terms of Interested parties are invited to cut to lengths of 6 to 8 inches (fibers sale are established at the time of comment on these preliminary results. shipment and do not change prior to the We will issue the final results not later used in the manufacture of carpeting). In addition, low-melt PSF is excluded issuance of the invoice. Therefore, we than 120 days after the date of used the date of shipment as the date of publication of this notice. from the order. Low-melt PSF is defined as a bi-component fiber with an outer sale where shipment date preceded the DATES: Effective Date: June 1, 2012. sheath that melts at a significantly lower date of invoice in accordance with our practice. Where the date of invoice FOR FURTHER INFORMATION CONTACT: temperature than its inner core. Michael A. Romani or Minoo Hatten, The merchandise subject to the order preceded the shipment date we used the AD/CVD Operations, Office 1, Import is currently classifiable in the HTSUS at date of invoice for the date of sale. For the majority of FENC’s home Administration, International Trade subheadings 5503.20.00.45 and market sales, the goods are shipped Administration, U.S. Department of 5503.20.00.65. Although the HTSUS from the factory on the same day that Commerce, 14th Street and Constitution subheadings are provided for the Government Uniform Invoice is Avenue NW., Washington DC 20230; convenience and customs purposes, the issued. For the remaining sales, the telephone (202) 482–0198 or (202) 482– written description of the merchandise invoice date occurs a few days after the 1690, respectively. subject to the order is dispositive. date of shipment from the factory. Based Background Rescission of Review in Part on record evidence, all material terms of On June 28, 2011, the Department In accordance with 19 CFR sale are established at the time of published a notice initiating an 351.213(d), the Department will rescind shipment. There is no evidence on the administrative review of the an administrative review in part ‘‘if a record that there were order changes in antidumping duty order on certain PSF party that requested a review withdraws the few days between the date of from Taiwan covering the respondents the request within 90 days of the date shipment and the issuance of the FENC (formerly known as Far Eastern of the publication of notice of initiation Government Uniform Invoice. Based Textiles Co., Ltd.1) and Nan Ya Plastics upon these facts and in accordance with 2 of the requested review.’’ Subsequent to Corporation (Nan Ya). the initiation of these reviews, we received a timely withdrawal of the 5 See Notice of Final Determination of Sales at 1 On July 8, 2010, the Department published a Less Than Fair Value and Negative Final notice determining that FENC was the successor-in- Determination of Critical Circumstances: Certain interest to Far Eastern Textiles Limited. See 3 See Certain Polyester Staple Fiber From Frozen and Canned Warmwater Shrimp From Polyester Staple Fiber From Taiwan: Final Results Taiwan: Extension of Time Limit for Preliminary Thailand, 69 FR 76918 (December 23, 2004), and of Changed-Circumstances Antidumping Duty Results of Antidumping Duty Administrative accompanying Issues and Decision Memorandum at Administrative Review, 75 FR 39208 (July 8, 2010). Review, 77 FR 4543 (January 30, 2012). Comment 10; see also Notice of Final Determination 2 See Initiation of Antidumping and 4 See Certain Polyester Staple Fiber From Taiwan: of Sales at Less Than Fair Value: Structural Steel Countervailing Duty Administrative Reviews and Extension of Time Limit for Preliminary Results of Beams From Germany, 67 FR 35497 (May 20, 2002), Requests for Revocation in Part, 76 FR 37781 (June Antidumping Duty Administrative Review, 77 FR and accompanying Issues and Decision 28, 2011). 21733 (April 11, 2012). Memorandum at Comment 2.

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our practice, we preliminarily comparison purposes. We calculated the selling, general, and administrative determine that shipment date is the weighted-average comparison market expenses and profit. For export price appropriate date of sale for all home prices on a level of trade-specific basis. sales, the U.S. level of trade is based on market sales. the starting price of the sales in the U.S. Export Price market, which is usually from the Fair Value Comparison For sales to the United States, we exporter to the importer. To determine whether FENC’s sales of calculated export price in accordance To determine whether comparison the subject merchandise from Taiwan to with section 772(a) of the Act because market sales are at a different level of the United States were at prices below the merchandise was sold prior to trade than export price sales, we normal value, we compared the export importation by the exporter or producer examine stages in the marketing process price to the normal value as described outside the United States to the first and selling functions along the chain of in the ‘‘Export Price’’ and ‘‘Normal unaffiliated purchaser in the United distribution between the producer and Value’’ sections of this notice. Pursuant States and because constructed export the unaffiliated customer. See 19 CFR to 19 CFR 351.414(c)(1) and (d), we price methodology was not otherwise 351.412(c)(2). If the comparison market compared the monthly weighted- warranted. We calculated export price sales are at a different level of trade and average export price of U.S. transactions based on the free-on-board or cost- the difference affects price to the monthly weighted-average normal insurance-and-freight price to comparability, as manifested in a value of the comparable foreign like unaffiliated purchasers in the United pattern of consistent price differences product where there were sales made in States. Where appropriate, we made between the sales on which normal the ordinary course of trade.6 deductions, consistent with section value is based and the comparison Product Comparisons 772(c)(2)(A) of the Act, for the following market sales at the level of trade of the movement expenses: Inland freight from export transaction, we make a level of In accordance with section 771(16) of the plant to the port of exportation, trade adjustment under section the Act, we considered all products inland insurance in Taiwan, brokerage 773(a)(7)(A) of the Act. covered by the ‘‘Scope of the Order’’ and handling, harbor construction fee, In implementing these principles in section above produced and sold by trade promotion fees, containerization this review, we obtained information FENC in the comparison market during expenses, international freight, and from FENC regarding the marketing the POR to be foreign like product for marine insurance. No other adjustments stages involved in making its reported the purposes of determining appropriate were claimed or applied. home market and U.S. sales for each product comparisons to U.S. sales of channel of distribution. FENC reported subject merchandise. We made Normal Value one channel of distribution (i.e., direct comparisons to weighted-average A. Home Market Viability as sales to distributers) and a single level comparison market prices that were Comparison Market of trade in the U.S. market. For purposes based on all sales which passed the of these preliminary results, we have cost-of-production test and on those To determine whether there was a organized the common selling functions sales which did not pass the cost-of- sufficient volume of sales of PSF in the into four major categories: Sales process production test but were made at prices home market to serve as a viable basis and marketing support, freight and which were considered to have for calculating normal value, we delivery, inventory and warehousing, provided for the recovery of costs compared the volume of the and quality assurance/warranty within a reasonable period of time. respondent’s home market sales of the services. Because the sales process and Specifically, in making our foreign like product to its volume of selling functions FENC performed for comparisons, if an identical home U.S. sales of the subject merchandise in selling to the U.S. market did not vary market model was reported, we made accordance with section 773(a) of the by individual customers, the necessary comparisons to monthly weighted- Act. Pursuant to section 773(a)(1)(B) of condition for finding they constitute average home market prices that were the Act, because the respondent’s different levels of trade was not met. based on all relevant sales during the aggregate volume of home market sales Accordingly, we preliminarily contemporary month or, lacking such of the foreign like product was greater determined that all of FENC’s U.S. sales sales, to a previous or subsequent month than five percent of its aggregate volume constitute a single level of trade. in the shorter cost period (See ‘‘Cost of U.S. sales of the subject merchandise, FENC reported a single channel of Averaging Methodology’’ below). If we determined that the home market distribution (i.e., direct sales to end- there were no sales of an identical was viable for comparison purposes. users) and a single level of trade in the home market. Because the sales process model available for comparison during B. Level of Trade the relevant months we substituted the and selling functions FENC performed most similar above cost home market In accordance with section for selling to home market customers model. If there were no home market 773(a)(1)(B) of the Act and the did not vary by individual customers, models with a difference in Statement of Administrative Action we preliminarily determine that all of merchandise of less than twenty percent accompanying the Uruguay Round FENC’s home market sales constitute a available we used constructed value for Agreements Act (see H.R. Doc. No. 316, single level of trade. 103d Cong., 2d Sess. 829–831 (1994)), to We found that the export price level 6 In these preliminary results, the Department the extent practicable, we determine of trade was similar to the home market applied the weighted-average dumping margin normal value based on sales in the level of trade in terms of selling calculation method adopted in Antidumping comparison market at the same level of activities. Specifically, the levels of Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain trade as the export price. Pursuant to 19 expense were similar for the selling Antidumping Duty Proceedings; Final Modification, CFR 351.412(c)(1), the normal value functions FENC provided in both 77 FR 8101 (February 14, 2012). In particular, the level of trade is based on the starting markets. Accordingly, we considered Department compared monthly weighted-average price of the sales in the comparison the export price level of trade to be export prices with monthly weighted-average normal values and granted offsets for non-dumped market or, when normal value is based similar to the home market level of trade comparisons in the calculation of the weighted- on constructed value, the starting price and not at a different stage of average dumping margin. of the sales from which we derive distribution than the home market level

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of trade. Therefore, we matched export a. Significance of Cost Changes prices and costs during the POR.14 We price sales to sales at the same level of have preliminarily determined that a In prior cases, we established 25 trade in the home market and no level shorter cost period approach, based on percent as the threshold (between the of trade adjustment under section a quarterly-average COP, is appropriate high- and low- quarter COM) for 773(a)(7)(A) of the Act was necessary. for FENC because we have found determining that the changes in COM significant cost changes in COM as well C. Cost of Production Analysis are significant enough to warrant a as reasonable linkage between costs and In the last administrative review of departure from our standard annual- 10 sales prices. the order completed prior to the average cost approach. In the instant initiation of this review, the Department case, record evidence shows that FENC 2. Calculation of Cost of Production determined that FENC sold the foreign experienced significant changes (i.e., Before making comparisons to normal like product at prices below the cost of changes that exceeded 25 percent) value, we conducted a COP analysis of producing the merchandise and, as a between the high and low quarterly FENC’s sales pursuant to section 11 result, we excluded such sales from the COM during the POR. This change in 773(b)(3) of the Act to determine calculation of normal value.7 Therefore, COM is attributable primarily to the whether home market sales were made pursuant to section 773(b)(2)(A)(ii) of price volatility for purified terephthalic at prices below COP and that these costs the Act, there are reasonable grounds to acid (PTA) and monoethylene glycol were not recoverable within a believe or suspect that FENC’s sales of (MEG) used in the manufacture of PSF. reasonable period of time. For this the foreign like product under Id. analysis, the COP is based on a shorter consideration for the determination of b. Linkage Between Cost and Sales cost-period COP average rather than a normal value in the instant review may Information period-average COP. See the ‘‘Cost have been made at prices below cost of Averaging Methodology’’ section, above, production (COP) as provided by Consistent with past precedent, for further discussion. We calculated section 773(b)(2)(A)(ii) of the Act and, because we found the changes in costs FENC’s quarterly COP on a product- therefore, outside of the ordinary course to be significant, we evaluated whether specific basis, based on the sum of the of trade. Pursuant to section 773(b)(1) of there is evidence of a linkage between FENC’s cost of materials and fabrication the Act, we have conducted a COP the cost changes and the sales prices for the foreign like product, plus 12 investigation of FENC’s sales in the during the POR. Absent a surcharge or amounts for general and administrative comparison market (sales below cost other pricing mechanism, the expenses, interest expenses, and the test). Department may alternatively look for costs of all expenses incidental to evidence of a pattern that changes in packing the merchandise. We relied on 1. Cost Averaging Methodology selling prices reasonably correlate to the COP information FENC submitted in The Department’s normal practice is changes in unit costs.13 To determine its response to our cost questionnaire, to calculate an annual weighted-average whether a reasonable correlation existed including FENC’s reported quarterly cost for the POR.8 However, we between the sales prices and underlying adjustment to its cost of manufacturing recognize that possible distortions may costs during the POR, we compared information which accounts for result if we use our normal annual- weighted-average quarterly prices to the purchases of PTA and MEG from average cost method during a time of corresponding quarterly COM for the affiliated parties at non-arm’s length significant cost changes. In determining control numbers with the highest prices, in accordance with the major whether to deviate from our normal volume of sales in the comparison input rule of section 773(f) of the Act. methodology of calculating an annual market and in the United States. Our See Exhibit 2SE–3–4 of FENC’s March 9, weighted-average cost, we evaluate the comparison revealed that sales and costs 2012 response. For control numbers for case-specific record evidence using two for all of the selected control numbers which there was no production during primary factors: (1) The change in the for FENC showed reasonable the POR or during a POR quarter we cost of manufacturing (COM) recognized correlation. See FENC Cost Calculation chose or calculated surrogates by the respondent during the POR must Memo at 2–3. After reviewing this respectively.15 information and determining that be deemed significant; (2) the record 3. Test of Comparison Market Sales changes in selling prices correlate evidence must indicate that sales during Prices the shorter cost-averaging periods could reasonably to changes in unit costs, we be reasonably linked with the COP or preliminarily determine that there is As required under section 773(b)(2) of constructed value during the same linkage between FENC’s changing sales the Act, we compared the quarterly shorter cost-averaging periods.9 weighted average COP to the per-unit and Stainless Steel Plate in Coils From Belgium: price of the comparison market sales of 7 See Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative the foreign like product to determine Final Results of Antidumping Duty Administrative Review, 73 FR 75398 (December 11, 2008) (SSPC whether these sales had been made at Review, 75 FR 43921 (July 27, 2010). from Belgium), and accompanying Issues and prices below the COP within an Decision Memorandum at Comment 4. 8 See Certain Pasta From Italy: Final Results of extended period of time in substantial Antidumping Duty Administrative Review, 65 FR 10 See SSPC from Belgium and accompanying 77852 (December 13, 2000), and accompanying Issues and Decision Memorandum at Comment 4. quantities. We determined the net Issues and Decision Memorandum at Comment 18, 11 See Memorandum from Stephanie Arthur to and Notice of Final Results of Antidumping Duty Neal M. Halper, Director of Office of Accounting, 14 Id; see also SSSS from Mexico and Administrative Review: Carbon and Certain Alloy entitled ‘‘Cost of Production and Constructed Value accompanying Issues and Decision Memorandum at Steel Wire Rod from Canada, 71 FR 3822 (January Calculation Adjustments for the Preliminary Comment 6 and SSPC from Belgium and 24, 2006), and accompanying Issues and Decision Results—Far Eastern New Century Corporation’’ accompanying Issues and Decision Memorandum at Memorandum at Comment 5 (explaining the (FENC Cost Calculation Memo), dated concurrently Comment 4. Department’s practice of computing a single with this notice at 2. 15 See Memorandum from Michael Romani to the weighted-average cost for the entire period). 12 See SSSS from Mexico and accompanying File, entitled ’’ Certain Polyester Staple Fiber from 9 See Stainless Steel Sheet and Strip in Coils Issues and Decision Memorandum at Comment 6 Taiwan: Far Eastern New Century Corporation From Mexico: Final Results of Antidumping Duty and SSPC from Belgium and accompanying Issues Analysis Memorandum for the Preliminary Results Administrative Review, 75 FR 6627 (February 10, and Decision Memorandum at Comment 4. of the Administrative Review of the Antidumping 2010) (SSSS from Mexico), and accompanying 13 See SSPC from Belgium and accompanying Duty Order ’’ dated concurrently with this notice Issues and Decision Memorandum at Comment 6 Issues and Decision Memorandum at Comment 4. at 9.

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comparison market prices for the below analysis described above, we found that deducting direct selling expenses cost test by subtracting from the gross these sales were at prices which did not incurred on comparison market sales unit price any applicable movement permit the recovery of costs within a and adding U.S. direct selling expenses. charges, discounts, rebates, direct and reasonable period of time. We therefore Preliminary Results of the Review indirect selling expenses, and packing disregarded these sales from the expenses. calculation of normal value, in As a result of this review, we accordance with section 773(b)(1) of the preliminarily determine that a 4. Cost Recovery Analysis Act. weighted-average dumping margin of In accordance with sections 0.00 percent exists for FENC for the 773(b)(1)(A) and (B) of the Act, for sales E. Calculation of Normal Value Based period May 1, 2010, through April 30, found to be made below cost, we on Comparison Market Prices 2011. examined whether, within an extended We calculated normal value based on period of time, such sales were made in the price FENC reported for home Public Comment substantial quantities, and whether such market sales to unaffiliated customers We will disclose the documents sales were made at prices which which we determined were within the resulting from our analysis to parties in permitted the recovery of all costs ordinary course of trade. We made this review within five days of the date within a reasonable period of time in adjustments for differences in domestic of publication of this notice. See 19 CFR the normal course of trade. As stated in and export packing expenses in 351.224(b). Any interested party may section 773(b)(2)(D) of the Act, prices accordance with sections 773(a)(6)(A) request a hearing within 30 days of the are considered to provide for recovery of and 773(a)(6)(B)(i) of the Act. We also publication of this notice in the Federal costs if such prices are above the made adjustments, consistent with Register. See 19 CFR 351.310(c). If a weighted average per-unit COP for the section 773(a)(6)(B)(ii) of the Act, for hearing is requested, the Department period of investigation or review. inland freight expenses from the plant will notify interested parties of the In light of the Court’s directives in to the customer and expenses associated hearing schedule. SeAH Steel Corp. v. United States, 704 with loading the merchandise onto the Interested parties are invited to F. Supp. 2d 1353 (Ct. Int’l Trade 2010), truck to be shipped. In addition, we comment on the preliminary results of and SeAH Steel Corporation v. United made adjustments for differences in this review. Interested parties may States, 764 F. Supp. 2d 1322 (Ct. Int’l. circumstances of sale in accordance submit case briefs within 30 days of the Trade 2011) to use an unadjusted with section 773(a)(6)(C)(iii) of the Act date of publication of this notice. annual average cost for purposes of the and 19 CFR 351.410. We made these Rebuttal briefs, which must be limited cost recovery test, in the instant review adjustments, where appropriate, by to issues raised in the case briefs, may we have used the approach which we deducting direct selling expenses be filed not later than 35 days after the adopted recently to test for cost recovery incurred on home market sales (i.e., date of publication of this notice. Parties when using an shorter cost period imputed credit expenses and who submit case briefs or rebuttal briefs methodology.16 Using the methodology warranties) and adding U.S. direct in this review are requested to submit adopted in SPT from Turkey, we selling expenses (i.e., imputed credit with each argument (1) a statement of calculated a control number specific expenses and bank charges) to normal the issue and (2) a brief summary of the weighted-average annual price using value. argument with an electronic version only those sales that were made below included. their quarterly COP, and compared the F. Calculation of Normal Value Based We intend to issue the final results of resulting weighted-average price to the on Constructed Value this review, including the results of our annual weighted-average cost per Section 773(a)(4) of the Act provides analysis of issues raised in any control number. If the annual weighted- that where normal value cannot be submitted written comments, within average price per control number was based on comparison market sales, 120 days after publication of this notice. above the annual weighted-average cost normal value may be based on per control number then we considered constructed value (CV). Accordingly, for Assessment Rates those sales to have provided for the certain sales made by FENC, we based The Department shall determine, and recovery of costs and restored all such normal value on CV because there were CBP shall assess, antidumping duties on sales to the normal value pool of no home market sales in the ordinary all appropriate entries. FENC reported comparison-market sales available for course of trade that could be properly the name of the importer of record and comparison with U.S. sales. For further compared to those U.S. sales. the entered value for all of its sales to details regarding the cost recovery Section 773(e)(2)(A) of the Act the United States during the POR. If methodology and the application of our provides that CV shall be based on the FENC’s weighted-average dumping shorter-cost period methodology, see the sum of the cost of materials and margin is above de minimis in the final FENC Cost Calculation Memo at 1–2. fabrication for the imported results of this review, we will calculate 5. Results of the Sales Below Cost Test merchandise, plus amounts for selling, an importer-specific assessment rate on general and administrative expense the basis of the ratio of the total amount We found that for certain products, (including financing expenses), profit, of antidumping duties calculated for the more than 20 percent of the and U.S. packing costs. We calculated importer’s examined sales and the total respondent’s home market sales were respondent’s quarterly materials, entered value of those sales in made at prices below COP and, in general and administrative, and accordance with 19 CFR 351.212(b)(1). addition, these below cost sales were financing costs as described in the ‘‘Cost The Department clarified its made within an extended period of time of Production Analysis’’ section above. ‘‘automatic assessment’’ regulation on and in substantial quantities. In For comparisons to export price, we May 6, 2003. This clarification will addition, pursuant to the cost recovery made adjustments to CV for apply to entries of subject merchandise circumstances of sale differences, in during the POR produced by FENC for 16 See Certain Welded Carbon Steel Pipe and accordance with section 773(a)(8) of the which it did not know its merchandise Tube From Turkey; Notice of Final Results of Antidumping Duty Administrative Review, 76 FR Act and 19 CFR 351.410. We made was destined for the United States. In 76939 (December 9, 2011) (SPT From Turkey). circumstances of sale adjustments by such instances, we will instruct CBP to

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liquidate unreviewed entries at the all- Dated: May 24, 2012. request and in accordance with 19 CFR others rate if there is no rate for the Paul Piquado, 351.221(c)(1)(i), the Department intermediate company(ies) involved in Assistant Secretary for Import published a notice initiating the the transaction. For a full discussion of Administration. administrative review of Aurubis, this clarification, see Antidumping and [FR Doc. 2012–13372 Filed 5–31–12; 8:45 am] Schreiber, KME, Messingwerk, MKM, Countervailing Duty Proceedings: BILLING CODE 3510–DS–P Schlenk, Schwermetall, Sundwiger, Assessment of Antidumping Duties, 68 ThyssenKrupp, and Wieland.3 FR 23954 (May 6, 2003). On May 3, 2012, the Department DEPARTMENT OF COMMERCE placed on the record and invited We intend to issue instructions to interested parties to comment on U.S. CBP 15 days after publication of the International Trade Administration Customs and Border Protection (‘‘CBP’’) final results of this review. [A–428–602] data. See Memorandum to the File from Cash Deposit Requirements George McMahon, Senior International Brass Sheet and Strip From Germany: Trade Analyst, through Melissa Skinner, The following deposit requirements Notice of Rescission of Antidumping Office Director, concerning ‘‘2011–2012 will be effective upon publication of the Duty Administrative Review Antidumping Duty Administrative notice of final results of administrative Review of Brass Sheet and Strip from AGENCY: Import Administration, review for all shipments of PSF from Germany: Release of Customs and International Trade Administration, Taiwan entered, or withdrawn from Border Protection (‘‘CBP’’) Data,’’ dated U.S. Department of Commerce. warehouse, for consumption on or after May 3, 2012. The CBP data query results the date of publication as provided by DATES: Effective Date: June 1, 2012. indicated no entries of subject section 751(a)(2) of the Act: (1) The cash FOR FURTHER INFORMATION CONTACT: merchandise during the POR from the deposit rate for FENC will be the rate Dennis McClure or George McMahon, ten producers/exporters for which a established in the final results of this AD/CVD Operations, Office 3, Import review was requested. administrative review; (2) for Administration, International Trade On May 10, 2012, Schwermetall and merchandise exported by manufacturers Administration, U.S. Department of Wieland submitted comments on the or exporters not covered in this review Commerce, 14th Street and Constitution CBP data, stating that this data indicates but covered in a prior segment of the Avenue NW., Washington, DC 20230; that none of the ten companies for proceeding, the cash deposit rate will telephone: (202) 482–5973 or (202) 482– which a review was requested is continue to be the company-specific rate 1167, respectively. identified in any entry of subject published for the most recent period; (3) SUPPLEMENTARY INFORMATION: merchandise during the POR. if the exporter is not a firm covered in Background Schwermetall and Wieland further state this review, a prior review, or the that there are no entries for the On March 1, 2012, the Department original investigation but the Department to review, and no basis on published in the Federal Register the manufacturer is, the cash deposit rate which the Department may select notice of opportunity to request an respondents. Therefore, Schwermetall will be the rate established for the most administrative review of the recent period for the manufacturer of and Wieland assert that the Department antidumping duty order on brass sheet should rescind the instant review. the merchandise; (4) if neither the and strip from Germany for the period exporter nor the manufacturer is a firm On May 14, 2012, the petitioners of review (‘‘POR’’), March 1, 2011, timely withdrew their request for an covered in this review, the cash deposit through February 29, 2012.1 rate will be 7.31 percent, the all-others 2 administrative review of Aurubis, On April 2, 2012, the petitioners Schreiber, KME, Messingwerk, MKM, rate established in Notice of Amended timely requested that the Department Final Determination of Sales at Less Schlenk, Schwermetall, Sundwiger, conduct an administrative review of the ThyssenKrupp, and Wieland; all of the Than Fair Value: Certain Polyester following ten producers/exporters of Staple Fiber From the Republic of Korea companies for which they requested brass sheet and strip from Germany: review. and Antidumping Duty Orders: Certain Aurubis Stolberg GmbH & Co. KG Polyester Staple Fiber From the (‘‘Aurubis’’), Carl Schreiber GmbH Rescission of Review Republic of Korea and Taiwan, 65 FR (‘‘Schreiber’’), KME Germany AG & Co. Pursuant to 19 CFR 351.213(d)(1), the 33807 (May 25, 2000). KG (‘‘KME’’), Messingwerk Plettenberg Secretary will rescind an administrative Herfeld GmbH & Co. KG Notification to Importers review, in whole or in part, if the parties (‘‘Messingwerk’’), MKM Mansfelder that requested a review withdraw the This notice also serves as a Kupfer & Messing GmbH (‘‘MKM’’), request within 90 days of the date of preliminary reminder to importers of Schlenk Metallfolien GmbH & Co. KG publication of the notice of initiation of their responsibility under 19 CFR (‘‘Schlenk’’), Schwermetall the requested review. As noted above, 351.402(f)(2) to file a certificate Halbzeugwerk GmbH & Co. KG petitioners withdrew their request for regarding the reimbursement of (‘‘Schwermetall’’), Sundwiger review of Aurubis, Schreiber, KME, antidumping duties prior to liquidation Messingwerke GmbH & Co. KG Messingwerk, MKM, Schlenk, of the relevant entries during this (‘‘Sundwiger’’), ThyssenKrupp VDM Schwermetall, Sundwiger, review period. Failure to comply with GmbH (‘‘ThyssenKrupp’’), and Wieland- ThyssenKrupp, and Wieland (all of the this requirement could result in the Werke AG (‘‘Wieland’’). Pursuant to this companies for which they requested a Secretary’s presumption that review) within 90 days of the date of reimbursement of antidumping duties 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity publication of the notice of initiation. occurred and the subsequent assessment to Request Administrative Review, 77 FR 12559 Moreover, no other interested party of double antidumping duties. (March 1, 2012). We are issuing and publishing these 2 GBC Metals, LLC of Global Brass and Copper, 3 See Initiation of Antidumping and Inc., dba Olin Brass, Heyco Metals, Inc., Aurubis Countervailing Duty Administrative Reviews and results in accordance with sections Buffalo, Inc., PMX Industries, Inc., and Revere Request for Revocation in Part, 77 FR 25401 (April 751(a)(1) and 777(i)(1) of the Act. Copper Products, Inc. 30, 2012).

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requested an administrative review of DEPARTMENT OF COMMERCE International Trade Administration, these respondents. Therefore, in U.S. Department of Commerce, 14th accordance with 19 CFR 351.213(d)(1) International Trade Administration Street and Constitution Avenue NW., and consistent with our practice, we are [A–489–501] Washington, DC 20230. rescinding this review in its entirety. SUPPLEMENTARY INFORMATION: Circular Welded Carbon Steel Pipes Period of Review Assessment and Tubes From Turkey: Notice of The period of review (POR) covered The Department will instruct CBP to Preliminary Results of Antidumping Duty Administrative Review by this review is May 1, 2010, through assess antidumping duties on all entries April 30, 2011. of brass sheet and strip from Germany. AGENCY: Import Administration, Antidumping duties shall be assessed at International Trade Administration, Background rates equal to the cash deposit of U.S. Department of Commerce. On May 15, 1986, the Department estimated antidumping duties required SUMMARY: In response to a request by published in the Federal Register the at the time of entry, or withdrawal from interested parties, the Department of antidumping duty order on welded pipe 4 warehouse, for consumption, in Commerce (‘‘the Department’’) is and tube from Turkey. On May 2, 2011, accordance with 19 CFR conducting an administrative review of the Department published a notice of 351.212(c)(1)(i). The Department the antidumping duty order on circular opportunity to request an administrative 5 intends to issue appropriate assessment welded carbon steel pipes and tubes review of this order. On May 27, 2011, instructions to CBP 15 days after the (‘‘welded pipe and tube’’) from Turkey.1 in accordance with 19 CFR date of publication of this notice of This review covers four respondents: 351.213(b)(2), Toscelik self-requested a 6 rescission of administrative review. Borusan, Erbosan, Toscelik, and Yucel.2 review. On May 31, 2011, in The Department found that Erbosan and accordance with 19 CFR 351.213(b)(2), Notification to Importers Yucel had no reviewable entries.3 We Borusan and Erbosan each self- requested a review. On the same date, This notice also serves as a final preliminarily determine that neither Borusan nor Toscelik made sales below domestic interested party U.S. Steel reminder to importers of their Corporation (‘‘U.S. Steel’’) requested responsibility under 19 CFR 351.402(f) normal value (‘‘NV’’). If these preliminary results are adopted in our reviews of Borusan, Toscelik, and to file a certificate regarding the final results, we will instruct U.S. Yucel, in accordance with 19 CFR reimbursement of antidumping duties 7 Customs and Border Protection (‘‘CBP’’) 351.213(b)(4). prior to liquidation of the relevant On June 28, 2011, the Department to liquidate appropriate entries without published a notice of initiation of entries during this review period. regard to antidumping duties. The administrative review of the Failure to comply with this requirement preliminary results are listed below in could result in the presumption that antidumping duty order on welded pipe the section titled ‘‘Preliminary Results and tube from Turkey, covering the POR reimbursement of antidumping duties of Review.’’ occurred and the subsequent increase in of May 1, 2010, through April 30, 2011. DATES: Effective Date: June 1, 2012. antidumping duties by the amount of See Review Initiation, 76 FR 37781. FOR FURTHER INFORMATION CONTACT: On August 5, 2011, the Department antidumping duties reimbursed. Christopher Hargett or Victoria Cho, at sent antidumping duty administrative Notification Regarding Administrative (202) 482–4161 or (202) 482–5075, review questionnaires to Borusan and Protective Order respectively; AD/CVD Operations, Toscelik.8 We received Borusan’s and Office 3, Import Administration, Toscelik’s Sections A–D questionnaire This notice serves as a final reminder response in September 2011.9 We issued to parties subject to administrative 1 See Initiation of Antidumping and protective order (‘‘APO’’) of their Countervailing Duty Administrative Reviews and 4 See Antidumping Duty Order; Welded Carbon responsibility concerning the Request for Revocation in Part, 76 FR 37781 (June Steel Standard Pipe and Tube Products From 28, 2011) (‘‘Review Initiation’’). Turkey, 51 FR 17784 (May 15, 1986) (‘‘Antidumping disposition of proprietary information 2 The Department initiated a review on the Duty Order’’). disclosed under an APO in accordance Borusan Group, which includes Borusan 5 See Antidumping or Countervailing Duty Order, with 19 CFR 351.305(a)(3). Timely Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Finding, or Suspended Investigation; Opportunity Birlesik Boru Fabrikalari San ve Tic., Borusan to Request Administrative Review, 76 FR 24460 written notification of the return/ Istikbal Ticaret T.A.S., Boruson Gemlik Boru (May 2, 2011). destruction of APO materials or Tesisleri A.S., Borusan Ihracat Ithalat ve Dagitim 6 See Letter from Toscelik to the Department conversion to judicial protective order is A.S., Borusan Ithicat ve Dagitim A.S., and Tubeco dated May 27, 2011. hereby requested. Failure to comply Pipe and Steel Corporation (collectively, 7 See Letters from Borusan, Erbosan, and U.S. ‘‘Borusan’’); ERBOSAN Erciyas Boru Sanayi ve Steel to the Department dated May 31, 2011. with the regulations and terms of an Ticaret A.S. (‘‘Erbosan’’); Toscelik Profil ve Sac 8 The questionnaire consists of sections A APO is a sanctionable violation. Endustrisi A.S., Toscelik Metal Ticaret A.S., Tosyali (general information), B (sales in the home market Dis Ticaret A.S. (collectively, ‘‘Toscelik’’); the Yucel or to third countries), C (sales to the United States), This notice is issued and published in Group and all affiliates, Yucel Boru ve Profil D (cost of production/constructed value), and E accordance with sections 751(a)(1) and Endustrisi A.S., Yucelboru Ihracat Ithalat ve (cost of further manufacturing or assembly 777(i)(1) of the Tariff Act of 1930, as Pazarlama A.S., and Cayirova Boru Sanayi ve performed in the United States). See Letters to Ticaret A.S. (collectively, ‘‘Yucel.’’). Toscelik and Borusan from the Department dated amended, and 19 CFR 351.213(d)(4). 3 See Memo from Christian Marsh to Ronald K. August 5, 2011. Dated: May 24, 2012. Lorentzen, entitled ‘‘Welded Carbon Steel Pipe and 9 See Letter from Toscelik to the Department Tube from Turkey (Period of Review: May 1, 2010, entitled ‘‘Welded Carbon Steel Standard Pipe and Gary Taverman, through April 30, 2011): Whether Entries Are Tube Products from Turkey; Tosc¸elik § A–D Acting Deputy Assistant Secretary for Reviewable for ERBOSAN Erciyas BoruSanayi ve response,’’ dated September 26, 2011 (‘‘Toscelik QR Antidumping and Countervailing Duty Ticaret A.S.,’’ dated September 20, 2011; memo A–D’’); Letter from Borusan to the Department from Christian Marsh to Ronald K. Lorentzen, Operations. entitled ‘‘Section A–D Response of Borusan entitled ‘‘Welded Carbon Steel Pipe and Tube from Mannesmann Boru Sanayi ve Ticaret A.S. in the [FR Doc. 2012–13244 Filed 5–31–12; 8:45 am] Turkey (Period of Review: May 1, 2010, through 2010–2011 Antidumping Administrative Review BILLING CODE 3510–DS–P April 30, 2011): Whether the Yucel Group’s Entry Involving Certain Welded Carbon Steel Standard Is Properly Classified and Subject to Review,’’ dated Pipe from Turkey,’’ dated September 26, 2011 October 17, 2011. (‘‘Borusan QR A–D’’).

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supplemental section A, B, C, and D Department determined that Yucel had applications, such as for fence tubing, questionnaires, to which Borusan and no entries subject to review during the and for protection of electrical wiring, Toscelik responded during December POR.14 Therefore, based on the record such as conduit shells. 2011 and January, February, March, and evidence, we preliminarily determine The scope is not limited to standard April 2012.10 that these respondents had no pipe and fence tubing, or those types of In U.S. Steel’s request for review of reviewable entries during the POR. mechanical and structural pipe that are Borusan, U.S. Steel listed Borusan Moreover, consistent with our used in standard pipe applications. All Birlesik Boru Fabrikalari San ve Tic. practice, we find it appropriate to carbon steel pipes and tubes within the (‘‘Borusan BBF’’), Borusan Istikbal complete the review and to issue physical description outlined above are Ticaret T.A.S. (‘‘Borusan ITT’’), Boruson liquidation instructions to CBP included in the scope of this order, Gemlik Boru Tesisleri A.S. (‘‘Borusan concerning entries for Erbosan and except for line pipe, oil country tubular GBT’’), Borusan Ihracat Ithalat ve Yucel following the final results of the goods, boiler tubing, cold-drawn or Dagitim A.S. (‘‘Borusan IID’’), Borusan review.15 If we continue to find that cold-rolled mechanical tubing, pipe and Ithicat ve Dagitim A.S. (‘‘Borusan ID’’), Erbosan and Yucel had no reviewable tube hollows for redraws, finished and Tubeco Pipe and Steel (‘‘Tubeco’’) entries of subject merchandise in the scaffolding, and finished rigid conduit. as members of the Borusan Group. The final results, we will instruct CBP to Imports of these products are Department finds that Borusan BBF, liquidate any existing unliquidated currently classifiable under the Borusan ITT, Boruson GBT, Borusan entries of merchandise produced and/or following Harmonized Tariff Schedule IID, BorusanID, and Tubeco are no exported by Erbosan and Yucel at the of the United States (‘‘HTSUS’’) longer in existence.11 all-others rate.16 subheadings: 7306.30.10.00, On January 18, 2012, the Department 7306.30.50.25, 7306.30.50.32, extended the time period for issuing the Scope of the Order 7306.30.50.40, 7306.30.50.55, preliminary results of the administrative The products covered by this order 7306.30.50.85, and 7306.30.50.90. review from January 31, 2012, to May include circular welded non-alloy steel Although the HTSUS subheadings are 31, 2012.12 pipes and tubes, of circular cross- provided for convenience and customs section, not more than 406.4 millimeters purposes, our written description of the Preliminary Determination of No (16 inches) in outside diameter, scope of this proceeding is dispositive. Reviewable Entries regardless of wall thickness, surface Targeted Dumping On September 30, 2011, the finish (black, or galvanized, painted), or Department determined that Erbosan end finish (plain end, beveled end, U.S. Steel notes that it conducted its had no reviewable entries during the threaded and coupled). Those pipes and own targeted dumping analysis of POR.13 On October 17, 2011, the tubes are generally known as standard Toscelik’s and Borusan’s U.S. sales pipe, though they may also be called using the Department’s targeted 10 See Letters from Toscelik to the Department, structural or mechanical tubing in dumping methodology as applied in entitled:‘‘Welded Carbon Steel Standard Pipe and Steel Nails and modified in Wood Tube Products From Turkey; Tosc¸elik § A–C certain applications. Standard pipes and 17 tubes are intended for the low pressure Flooring. Based on its own analysis, supplemental response,’’ dated January 27, 2012; U.S. Steel argues the Department should ‘‘Welded Carbon Steel Standard Pipe and Tube conveyance of water, steam, natural gas, Products From Turkey; Tosc¸elik § D supplemental air, and other liquids and gases in conduct a targeted dumping analysis response,’’ dated April 2, 2012; and ‘‘Welded and employ average-to-transaction Carbon Steel Standard Pipe and Tube Products plumbing and heating systems, air conditioner units, automatic sprinkler comparisons without offsets should the From Turkey; Tosc¸elik second § D supplemental Department find that the record response,’’ dated April 16, 2012. See, also, Letters systems, and other related uses. from Borusan to the Department, entitled: supports its allegation of targeted Standard pipe may also be used for light 18 ‘‘Supplemental Section A–C Response of Borusan load-bearing and mechanical dumping. Borusan argues that U.S. Mannesmann Boru Sanayi ve Ticaret A.S in the Steel’s arguments are untimely and that 2010–2011 Antidumping Administrative Review Involving Certain Welded Carbon Steel Standard 2010, through April 30, 2011): Whether Entries Are if the Department acts on the allegation, Pipe from Turkey,’’ dated January 5, 2012; Reviewable for ERBOSAN Erciyas Boru Sanayi ve it should investigate whether ‘‘Supplemental Section A–C Response of Borusan Ticaret A.S.,’’ dated September 30, 2011. movements in the cost of hot-rolled coil Mannesmann Boru Sanayi ve Ticaret A.S in the 14 See Memorandum from Christian Marsh, account for differences in Borusan’s 2010–2011 Antidumping Administrative Review Deputy Assistant Secretary for Antidumping and Involving Certain Welded Carbon Steel Standard pricing of the subject merchandise over Countervailing Duty Operations, to Ronald K. 19 Pipe from Turkey,’’ dated March 13, 2012; ‘‘Second Lorentzen, Assistant Secretary for Import time. Supplemental Section A–C Response of Borusan Administration, entitled ‘‘Welded Carbon Steel Pipe Mannesmann Boru Sanayi ve Ticaret A.S. in the and Tube from Turkey (Period of Review: May 17 See U.S. Steel Corporation’s Allegation of 2010–2011 Antidumping Administrative Review 1,2010, through April 30, 2011): Whether the Yucel Targeted Dumping with respect to Toscelik, dated Involving Certain Welded Carbon Steel Standard Group’s Entry Is Properly Classified and Subject to May 9, 2012, at 1–8, and U.S. Steel Corporation’s Pipe from Turkey,’’ dated April 9, 2012; and Review,’’ dated October 17, 2011. Allegation of Targeted Dumping with respect to ‘‘Second Supplemental Section D Response of 15 See Stainless Steel Butt-Weld Pipe Fittings Borusan, dated May 14, 2012, at 1–8, both (citing Borusan Mannesmann Boru Sanayi ve Ticaret A.S. From Italy: Preliminary Results of Antidumping Certain Steel Nails from the People’s Republic of in the 2010–2011 Antidumping Administrative Duty Administrative Review and Preliminary No China: Final Determination of Sales at Less Than Review Involving Certain Welded Carbon Steel Shipment Determination, 76 FR 79651, 79651–52 Fair Value and Partial Affirmative Determination of Standard Pipe from Turkey,’’ dated May 7, 2012. (December 22, 2011), unchanged in Stainless Steel Critical Circumstances, 73 FR 33,977 (June 16, 11 See Borusan’s January 5, 2012, supplemental Butt-Weld Pipe Fittings From Italy: Final Results of 2008), and accompany Issues and Decision questionnaire response at pages 3 and 4. Antidumping Duty Administrative Review and Memorandum at Comment 8 (‘‘Steel Nails’’); 12 See Certain Welded Carbon Steel Pipe and Final No Shipment Determination, 77 FR 24459, Multilayered Wood Flooring from the People’s Tube From Turkey: Extension of Time Limit for 24460 (April 24, 2012); see also Antidumping and Republic of China: Final Determination of Sales at Preliminary Results of Antidumping Duty Countervailing Duty Proceedings: Assessment of Less Than Fair Value, 76 FR 64318 (Oct. 18, 2011), Administrative Review, 77 FR 2511 (January 18, Antidumping Duties, 68 FR 23954 (May 6, 2003). and accompanying Issues and Decision 2012). 16 See, e.g., Magnesium Metal From the Russian Memorandum at Comment 4 (‘‘Wood Flooring’’)). 13 See Memorandum from Christian Marsh, Federation: Preliminary Results of Antidumping 18 See id. at 5–8. Deputy Assistant Secretary for Antidumping and Duty Administrative Review, 75 FR 26922 (May 13, 19 See Borusan’s letter to the Department, entitled Countervailing Duty Operations, to Ronald K. 2010), unchanged in Magnesium Metal From the ‘‘Administrative Review of the Antidumping Duty Lorentzen, Assistant Secretary for Import Russian Federation: Final Results of Antidumping Order on Certain Welded Carbon Steel Pipe from Administration, entitled ‘‘Welded Carbon Steel Pipe Duty Administrative Review, 75 FR 56989 Turkey for the Period 5/01/10–4/30/11; Response to and Tube from Turkey (Period of Review: May 1, (September 17, 2010). Continued

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For purposes of these preliminary the following deductions from the Normal Value results, the Department did not conduct starting price (gross unit price), where A. Selection of Comparison Market a targeted dumping analysis. In appropriate: foreign inland freight from calculating the preliminary weighted- the mill to port, foreign brokerage and To determine whether there was a average dumping margin, the handling, and international freight. sufficient volume of sales in the Department applied the calculation In addition, Borusan reported an comparison market, i.e., Turkey, to methodology adopted in the Final serve as a viable basis for calculating amount for duty drawback which Modification for Reviews.20 In NV, we compared Borusan’s and represents the amount of duties on particular, the Department compared Toscelik’s home market sales volumes monthly, weighted-average export imported raw materials associated with of the foreign like product to their U.S. prices with monthly, weighted-average a particular shipment of subject sales volume of the subject normal values, and granted offsets for merchandise to the United States that is merchandise, in accordance with negative comparison results in the exempted upon export. Borusan section 773(a)(1) of the Act. For each calculation of the weighted-average requested that we add the amount to the company, the aggregate home market dumping margins.21 Application of this starting price.22 To determine if a duty sales volume of the foreign like product methodology in these preliminary drawback adjustment is warranted, the was greater than five percent of the U.S. results affords parties an opportunity to Department has employed a two-prong sales volume of the subject meaningfully comment on the test which determines whether: (1) The merchandise.27 Therefore, we determine Department’s implementation of this rebate and import duties are dependent that the home market was viable for recently adopted methodology in the upon one another, or in the context of comparison purposes for Borusan and context of this administrative review. an exemption from import duties, if the Toscelik. exemption is linked to the exportation Product Comparison B. Affiliated Party Transactions and of the subject merchandise; and (2) the Arm’s Length Test We compared the EP to the NV, as respondent has demonstrated that there described in the Export Price and are sufficient imports of the raw We included in our analysis Normal Value sections of this notice. In material to account for the duty Borusan’s and Toscelik’s home market accordance with section 771(16) of the drawback on the exports of the subject sales to affiliated customers only where Tariff Act of 1930, as amended (‘‘the merchandise.23 we determined that such sales were Act’’), we first attempted to match made at arm’s-length prices, i.e., at After analyzing the facts on the record contemporaneous sales of products sold prices comparable to prices at which in the United States and comparison of this case, we find that Borusan has Borusan and Toscelik sold identical market that were identical with respect adequately demonstrated that import merchandise to their unaffiliated to the following characteristics: (1) duties for raw materials and rebates customers. To test whether the sales to Grade; (2) nominal pipe size; (3) wall granted on exports are linked under the affiliates were made at arm’s-length thickness; (4) surface finish; and (5) end Government of Turkey’s duty drawback prices, we compared the starting prices finish. When there were no sales of scheme.24 Additionally, Borusan has of sales to affiliated and unaffiliated identical merchandise in the home provided evidence that its imports of customers net of all movement charges, market to compare with U.S. sales, we hot-rolled coil are sufficient to account direct selling expenses, discounts, and compared U.S. sales with the most for the duty drawback claimed on the packing. Where the prices to that similar merchandise based on the export of subject merchandise.25 affiliated party were, on average, within characteristics listed above in order of Therefore, consistent with our a range of 98 to 102 percent of the prices priority listed. determination in the 2009–2010 of comparable merchandise sold to Export Price administrative review, we are granting unaffiliated parties, we determined that Borusan a duty drawback adjustment for the sales made to the affiliated party Because Borusan and Toscelik sold purposes of the preliminary results.26 were at arm’s-length.28 Conversely, subject merchandise directly to the first where we found that the sales to an unaffiliated purchaser in the United Toscelik did not report an amount for duty drawback. affiliated party did not pass the arm’s- States prior to importation, and length test, then all sales to that constructed export price (‘‘CEP’’) 22 See Borusan’s QR A–D at page C–35. affiliated party have been excluded from methodology was not otherwise 29 23 the dumping analysis. warranted based on the record facts of See Allied Tube & Conduit Corp. v. United States, 29 C.I.T. 502, 506 (Ct. Int’l Trade 2005). See this review, in accordance with section also Certain Steel Concrete Reinforcing Bars From 27 See Borusan QR A–D at page 3; Toscelik QR A– 772(a) of the Act, we used export price Turkey; Preliminary Results of Antidumping Duty D at page 3. (‘‘EP’’) as the basis for all of Borusan Administrative Review and New Shipper Review 28 See 19 CFR 351.403(c); Notice of Preliminary and Toscelik’s sales. and Notice of Intent To Revoke in Part, 72 FR Results and Partial Rescission of Antidumping Duty We calculated EP using, as the 25253, 25256 (May 4, 2007), unchanged in Certain Administrative Review: Ninth Administrative Review of the Antidumping Duty Order on Certain starting price, the packed, delivered Steel Concrete Reinforcing Bars From Turkey; Final Results of Antidumping Duty Administrative Pasta From Italy, 71 FR 45017, 45020 (August 8, price to unaffiliated purchasers in the Review and New Shipper Review and 2006) (‘‘Certain Pasta From Italy’’), unchanged in United States. In accordance with Determination To Revoke in Part, 72 FR 62630 Notice of Final Results of the Ninth Administrative section 772(c)(2)(A) of the Act, we made (November 6, 2007). Review of the Antidumping Duty Order on Certain Pasta From Italy, 72 FR 7011 (February 14, 2007); 24 See Borusan’s QR A–D at Exhibit C–8. see also Memorandum from Christopher Hargett to 25 Targeted Dumping Allegations,’’ dated May 17, See id. the File, ‘‘Analysis Memorandum for Toscelik Profil 2012. 26 See Certain Welded Carbon Steel Pipe and ve Sac Endustrisi A.S.’’ (‘‘Toscelik’s Sales 20 See Antidumping Proceedings: Calculation of Tube from Turkey; Notice of Preliminary Results of Calculation Memo’’), and Memorandum from the Weighted-Average Dumping Margin and Antidumping Duty Administrative Review, 76 FR Christopher Hargett to the File, ‘‘Analysis Assessment Rate in Certain Antidumping 33204 (June 8, 2011), unchanged in Certain Welded Memorandum for the Borusan Group’’ (‘‘Borusan’s Proceedings; Final Modification, 77 FR 8101 Carbon Steel Pipe and Tube From Turkey: Notice Sales Calculation Memo’’) both dated concurrent (February 14, 2012) (‘‘Final Modification for of Final Results of Antidumping Duty with this notice. Reviews’’). Administrative Review, 76 FR 76939 (December 9, 29 See Certain Pasta From Italy, 71 FR at 45020; 21 See id. at 8102. 2011). see also Antidumping Proceedings: Affiliated Party

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C. Level of Trade 1. Calculation of Cost of Production within an extended period of time in ‘‘substantial quantities,’’ in accordance In accordance with section Before making any comparisons to with sections 773(b)(2)(B) and (C) of the 773(a)(1)(B)(i) of the Act, we determined NV, we conducted a sales-below-cost Act; and (2) based on our comparison of NV based on sales in the comparison analysis of Borusan and Toscelik POR prices to the weighted-average market at the same level of trade pursuant to section 773(b) of the Act to determine whether Borusan’s and COPs for the POR, they were at prices (‘‘LOT’’) as the EP sales. which would not permit the recovery of Pursuant to 19 CFR 351.412(c)(2), to Toscelik’s comparison market sales were made at prices below the COP. We all costs within a reasonable period of determine whether EP sales and NV time, in accordance with section sales were at different LOTs, we compared sales of the foreign like product in the home market with 773(b)(2)(D) of the Act. examined stages in the marketing Our cost test for Toscelik and Borusan process and selling functions along the model-specific COP figures. In accordance with section 773(b)(3) of the revealed that, for home market sales of chain of distribution between the certain models, less than 20 percent of producer and the unaffiliated (or arm’s- Act, we calculated COP based on the sum of the cost of materials and the sales of those models were made at length) customers. If the comparison prices below the COP. Therefore, we market sales are at a different LOT and fabrication employed in producing the foreign like product, plus amounts for retained all such sales in our analysis the differences affect price and included them in determining NV. selling, general, and administrative comparability, as manifested in a Our cost test for Toscelik and Borusan (‘‘SG&A’’) expenses, financial expenses, pattern of consistent price differences also indicated that for home market and all costs incidental to placing the between sales at different LOTs in the sales of other models, more than 20 foreign like product in packed condition country in which NV is determined, we percent were sold at prices below the will make an LOT adjustment under and ready for shipment. In our sales-below-cost analysis, we COP within an extended period of time section 773(a)(7)(A) of the Act. relied on the COP information provided and were at prices which would not We did not make an LOT adjustment by Borusan and Toscelik in their permit the recovery of all costs within under 19 CFR 351.412(e) because there a reasonable period of time. Thus, in questionnaire responses.31 was only one home market LOT for each accordance with section 773(b)(1) of the respondent and we were unable to 2. Test of Comparison Market Prices Act, we excluded these below cost sales identify a pattern of consistent price In determining whether to disregard from our analysis and used the differences attributable to differences in Borusan’s and Toscelik’s home market remaining above-cost sales to determine 33 LOTs. See 19 CFR 351.412(d). sales made at prices below the COP, we NV. For a detailed description of our LOT examined, in accordance with sections E. Calculation of NV Based on methodology and a summary of 773(b)(1)(A) and (B) of the Act, whether, Comparison Market Prices company-specific LOT findings for within an extended period of time, such For Borusan and Toscelik, for those these preliminary results, see Toscelik’s sales were made in substantial comparison products for which there Sales Calculation Memo and Borusan’s quantities, and whether such sales were were sales at prices above the COP, we Sales Calculation Memo. made at prices which permitted the based NV on home market prices. In recovery of all costs within a reasonable D. Cost of Production Analysis these preliminary results, we were able period of time in the normal course of to match all U.S. sales to The Department disregarded sales trade. As noted in section 773(b)(2)(D) contemporaneous sales, made in the below the cost of production (‘‘COP’’) in of the Act, prices are considered to ordinary course of trade, with sales of the last completed review in which provide for recovery of costs if such either an identical or a similar foreign Borusan and Toscelik participated.30 prices are above the weighted-average like product, based on matching Thus, in accordance with section per-unit COP for the period of characteristics. We calculated NV based 773(b)(2)(A)(ii) of the Act, there are investigation or review. We determined on ex-works or delivered prices to reasonable grounds to believe or suspect the net comparison market prices for the unaffiliated customers, or prices to that Borusan and Toscelik made sales of below-cost test by subtracting from the affiliated customers which were the subject merchandise in their gross unit price any applicable determined to be at arm’s length (see comparison market at prices below the movement charges, discounts, direct discussion above regarding these sales). COP in the current review period. Thus, and indirect selling expenses, and We made adjustments, where pursuant to section 773(b)(1) of the Act, packing expenses.32 we initiated a COP investigation of sales appropriate, from the starting price for by Borusan and Toscelik. We examined 3. Results of COP Test billing adjustments, discounts, rebates, the cost data for Borusan and Toscelik Pursuant to section 773(b)(2)(C)(i) of and inland freight. Additionally, we and determined that our quarterly cost the Act, where less than 20 percent of added interest revenue, capped at the methodology is not warranted and, sales of a given product were at prices amount of the corresponding credit 34 therefore, we have applied our standard less than the COP, we did not disregard expense. In accordance with section methodology of using annual costs any below-cost sales of that product 773(a)(6) of the Act, we deducted home based on the reported data, adjusted as because we determined that the below- market packing costs and added U.S. described below. cost sales were not made in ‘‘substantial packing costs. quantities.’’ Where 20 percent or more In accordance with section 773(a)(6)(C)(iii) of the Act, we adjusted Sales in the Ordinary Course of Trade, 67 FR 69186, of a respondent’s sales of a given 69187 (November 15, 2002). product were at prices less than the for differences in the circumstances of 30 See Certain Welded Carbon Steel Pipe and COP, we disregarded the below-cost 33 Tube From Turkey; Notice of Preliminary Results of sales because: (1) They were made See Toscelik’s Sales Calculation Memo and Antidumping Duty Administrative Review, 76 FR Borusan’s Sales Calculation Memo. 33204, 33208 (June 8, 2011), unchanged in Certain 34 See Certain Orange Juice From Brazil: Final Welded Carbon Steel Pipe and Tube From Turkey: 31 See Toscelik’s Sales Calculation Memo and Results of Antidumping Duty Administrative Notice of Final Results of Antidumping Duty Borusan’s Sales Calculation Memo. Review, 74 FR 40167 (August 11, 2009), and Administrative Review, 76 FR 76939 (December 9, 32 See Toscelik’s Sales Calculation Memo and accompanying Issues & Decision Memorandum at 2011). Borusan’s Sales Calculation Memo. Comment 3.

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sale. These circumstances included Comments and Hearing antidumping duties. See 19 CFR differences in imputed credit expenses Interested parties are invited to 351.106(c)(2). The Department intends and other direct selling expenses, such comment on the preliminary results. to issue assessment instructions to CBP as the expense related to bank charges Pursuant to 19 CFR 351.309(c)(1)(ii), 15 days after the date of publication of and factoring. We also made interested parties may submit case briefs the final results of review. adjustments, where appropriate, for within 30 days of the date of publication The Department clarified its physical differences in the merchandise of this notice. Rebuttal briefs, limited to ‘‘automatic assessment’’ regulation on in accordance with section issues raised in the case briefs, may be May 6, 2003. See Antidumping and 773(a)(6)(C)(ii) of the Act. filed no later than 5 days after the time Countervailing Duty Proceedings: For a detailed description of our limit for filing the case briefs. 19 CFR Assessment of Antidumping Duties, 68 calculation of NV based on comparison 351.309(d). Parties who submit FR 23954 (May 6, 2003). This market prices, see Toscelik’s Sales arguments are requested to submit with clarification will apply to entries of Calculation Memo and Borusan’s Sales each argument: (1) A statement of the subject merchandise during the period Calculation Memo. issue, (2) a brief summary of the of review produced by companies argument, and (3) a table of authorities. included in these preliminary results of Currency Conversion See 19 CFR 351.309(c)(2). review for which the reviewed The Department’s preferred source for Pursuant to 19 CFR 351.310(c), companies did not know their daily exchange rates is the Federal interested parties who wish to request a merchandise was destined for the Reserve Bank. However, the Federal hearing, or to participate if one is United States. In such instances, we will Reserve Bank does not track or publish requested, must submit a written instruct CBP to liquidate unreviewed exchange rates for the Turkish lira. request to the Assistant Secretary for entries at the all-others rate if there is no Therefore, we made currency Import Administration, filed rate for the intermediate company(ies) conversions based on the daily electronically using Import involved in the transaction. For a full exchange rates from the Dow Jones Administration’s Antidumping and discussion of this clarification, see Business Information Services (Factiva). Countervailing Duty Centralized Antidumping and Countervailing Duty Electronic Service System (‘‘IA Proceedings: Assessment of Section 773A(a) of the Act directs the ACCESS’’). An electronically filed Antidumping Duties, 68 FR 23954 (May Department to use a daily exchange rate document must be received successfully 6, 2003). in order to convert foreign currencies in its entirety by the Department by into U.S. dollars, unless the daily rate 5 p.m. Eastern Standard Time within 30 Cash Deposit Requirements involves a ‘‘fluctuation.’’ It is the days after the date of publication of this The following cash deposit rates will Department’s practice to find that a notice. Requests should contain: (1) The be effective upon publication of the fluctuation exists when the daily party’s name, address and telephone exchange rate differs from a benchmark number; (2) the number of participants; final results of this administrative rate by 2.25 percent. The benchmark and (3) a list of issues to be discussed. review for all shipments of welded pipe rate is defined as the rolling average of Issues raised in the hearing will be and tube from Turkey entered, or the rates for the past 40 business days. limited to those raised in the respective withdrawn from warehouse, for When we determine that a fluctuation case briefs and rebuttal briefs. consumption on or after the publication exists, we generally utilize the The Department will publish a notice date, as provided by section 751(a)(2)(C) benchmark rate instead of the daily rate, of the final results of this administrative of the Act: (1) The cash deposit rate for in accordance with established practice. review, which will include the results of Borusan and Toscelik will be the rates We did not find that a fluctuation its analysis of issues raised in any established in the final results of this existed during the POR for this written comments or hearing, within review (except, if the rates are zero or administrative review, and, therefore, 120 days from publication of this notice, de minimis, then zero cash deposit will we used the daily exchange rate. in accordance with section 751(a)(3)(A) be required); (2) for previously reviewed or investigated companies not listed Preliminary Results of Review of the Act, unless the time limit is extended. above, the cash deposit rate will As a result of this review, we continue to be the company-specific rate Assessment preliminarily determine that the published for the most recent period; (3) following weighted-average dumping The Department will determine, and if the exporter is not a firm covered in margins exist for the period May 1, CBP shall assess, antidumping duties on this review, a prior review, or the less- 2010, through April 30, 2011: all appropriate entries, pursuant to than-fair-value (‘‘LTFV’’) investigation, section 751(a)(1)(B) of the Act and 19 but the manufacturer is, the cash Weighted- CFR 351.212(b)(1). The Department deposit rate will be the rate established average calculated importer-specific duty for the most recent period for the Manufacturer/exporter dumping assessment rates on the basis of the ratio manufacturer of the merchandise; and margin (percent) of the total antidumping duties (4) if neither the exporter nor the calculated for the examined sales to the manufacturer is a firm covered in this or Borusan ...... 0.00 total entered value of the examined any previous review or the LTFV Toscelik ...... 0.00 sales for that importer. See 19 CFR investigation conducted by the 351.212(b)(1). Where the assessment Department, the cash deposit rate will Disclosure rate is above de minimis, we will be 14.74 percent, the ‘‘All Others’’ rate instruct CBP to assess duties on all established in the LTFV investigation.35 We will disclose the calculations used entries of subject merchandise by that These cash deposit requirements, when in our analysis to parties to this importer. See id. Where the importer- imposed, shall remain in effect until proceeding within five days of the specific rate is zero or de minimis, we further notice. publication date of this notice. See 19 will instruct CBP to liquidate CFR 351.224(b). appropriate entries without regard to 35 Antidumping Duty Order, 51 FR at 17784.

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Notification To Importers the Agreement indicates that the 2011, the Department initiated an This notice serves as a preliminary Agreement is not meeting its statutory administrative review of the suspension reminder to importers of their requirement to prevent price agreement. Initiation of Antidumping responsibility under 19 CFR undercutting of domestic hot-rolled and Countervailing Duty Administrative 351.402(f)(2) to file a certificate steel prices. The preliminary results are Reviews and Requests for Revocation in regarding the reimbursement of set forth in the section titled Part, 76 FR 53404 (August, 26, 2011). antidumping and/or countervailing ‘‘Preliminary Results of Review,’’ infra. On September 22, 2011, and January 4, duties prior to liquidation of the Interested parties are invited to 2012, the Department issued its relevant entries during this review comment on these preliminary results. questionnaire and supplemental questionnaire, respectively, to the period. Failure to comply with this Parties who submit comments are Government of the Russian Federation requirement could result in the requested to provide: (1) A statement of and to the Russian producers/exporters. Secretary’s presumption that the issues, and (2) a brief summary of Responses from Russian producers, reimbursement of antidumping and/or the arguments. OJSC ‘‘OMK-Steel’’ (‘‘OMK’’), Mechel countervailing duties occurred and the DATES: Effective Date: June 1, 2012. OAO, and Novolipetsk Steel (‘‘NLMK’’), subsequent assessment of double FOR FURTHER INFORMATION CONTACT: received on November 21, 2011, antidumping and/or increase the Sally C. Gannon or Anne D’Alauro, reported that their companies had no antidumping duty by the amount of the Import Administration, International sales to the United States during the countervailing duties. Trade Administration, U.S. Department during the period of review (‘‘POR’’). This determination is issued and of Commerce, 14th Street and The Government of the Russian published in accordance with sections Constitution Avenue NW., Washington, Federation and those companies with 751(a)(1) and 777(i)(1) of the Act. DC 20230, telephone: (202) 482–0162 or U.S. sales during the POR, namely Joint (202) 482–4830. Dated: May 24, 2012. Stock Company Severstal (‘‘Severstal’’) Paul Piquado, SUPPLEMENTARY INFORMATION: and JSC ‘‘Magnitogorsk & Iron Steel Assistant Secretary for Import Background Works’’ (‘‘MMK’’), submitted responses Administration. on November 21, 2011, and January 26, On July 12, 1999, the Department and 2012, respectively. [FR Doc. 2012–13231 Filed 5–31–12; 8:45 am] the Ministry of Trade (‘‘MOT’’) of the BILLING CODE 3510–DS–P Domestic interested parties, Nucor, Russian Federation signed an agreement ArcelorMittal USA LLC, United States under section 734(l) of the Tariff Act of Steel Corporation, Gallatin Steel DEPARTMENT OF COMMERCE 1930, as amended (the Act), suspending Company, Steel Dynamics, Inc., and the antidumping duty (‘‘AD’’) SSAB N.A.D., Inc., submitted comments International Trade Administration investigation on hot-rolled flat-rolled on October 3, 2011 and February 17, carbon-quality steel products (hot-rolled [A–821–809] 2012, while Nucor submitted additional steel) from the Russian Federation. See comments on October 11, 2011, October Suspension of Antidumping Duty Hot-Rolled Flat-Rolled Carbon-Quality 19, 2011, January 17, 2012, February 10, Investigation: Hot-Rolled Flat-Rolled Steel Products From the Russian 2012, February 21, 2012, and May 11, Carbon-Quality Steel Products From the Federation; Preliminary Results of 2011. On December 20, 2011, Nucor Russian Federation, 64 FR 38642 (July Administrative Review of the submitted a response to a questionnaire 19, 1999). Upon the request of the Suspension Agreement issued to the company by the petitioners, the investigation was Department on November 28, 2011. In AGENCY: Import Administration, continued and the Department made an their comments, domestic interested International Trade Administration, affirmative final determination of sales parties alleged that offers, and Department of Commerce. at less than fair value. See Notice of subsequent sales, of Russian hot-rolled ACTION: Notice of Preliminary Results of Final Determination of Sales at Less steel in the United States are the Administrative Review of the Than Fair Value: Hot-Rolled Flat-Rolled suppressing and undercutting domestic Suspension Agreement on Hot-Rolled Carbon-Quality Steel Products From the hot-rolled steel prices and, as a result, Flat-Rolled Carbon-Quality Steel Russian Federation, 64 FR 38626 (July the Agreement is not fulfilling its Products from the Russian Federation. 19, 1999). Likewise, the International statutory requirements. Trade Commission (‘‘ITC’’) continued Russian producers Severstal, NLMK, SUMMARY: In response to a request from its investigation and made an and MMK submitted comments on Nucor Corporation (‘‘Nucor’’), a affirmative determination of material October 6, 2011 and, with the additional domestic interested party, the injury to an industry in the United producer OMK, on February 17, 2012, Department of Commerce (‘‘the States. See Certain Hot-Rolled Steel on the issues raised by domestic Department’’) is conducting an Products From Brazil and Russia, 64 FR interested parties in their above-noted administrative review of the Agreement 46951 (August 27, 1999). The MOT was submissions. Suspending the Antidumping Duty the predecessor to the Ministry of On January 31, 2012, the Department Investigation of Hot-Rolled Flat-Rolled Economic Development (‘‘MED’’) of the requested consultations with MED, Carbon-Quality Steel Products from the Russian Federation, which is now the under section VIII.C of the Agreement, Russian Federation (‘‘the Agreement’’) relevant agency representing the to discuss the issues of the alleged sales for the period July 1, 2010 through June Government of the Russian Federation of Russian hot-rolled steel imports at 30, 2011, to review the current status of, for purposes of this Agreement. prices that call into question the and compliance with, the Agreement. On August 1, 2011, Nucor submitted effectiveness of the Agreement’s For the reasons stated in this notice, the a request for an administrative review reference price mechanism and whether Department preliminarily determines pursuant to Antidumping or or not the Agreement is fulfilling its that the Government of the Russian Countervailing Duty Order, Finding, or statutory mandate to prevent the Federation is in compliance with the Suspended Investigation; Opportunity undercutting and suppression of Agreement. However, the Department’s to Request Administrative Review, 76 domestic hot-rolled steel prices. On preliminary evaluation of the status of FR 38609 (July 1, 2011). On August 26, February 23, 2012, the Department and

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the MED held consultations in in relief) of a thickness not less than 4.0 cobalt, or 0.40 percent of lead, or 1.25 Washington, DC to discuss these issues. mm is not included within the scope of percent of nickel, or 0.30 percent of On April 2, 2012, the Department this agreement. tungsten, or 0.012 percent of boron, or postponed the preliminary results of Specifically included in this scope are 0.10 percent of molybdenum, or 0.10 this review until May 24, 2012. See vacuum degassed, fully stabilized percent of niobium, or 0.41 percent of Notice of Extension of Time Limit for (commonly referred to as interstitial-free titanium, or 0.15 percent of vanadium, the Preliminary Results of (‘‘IF’’)) steels, high strength low alloy or 0.15 percent of zirconium. Administrative Review of the (‘‘HSLA’’) steels, and the substrate for All products that meet the physical Suspension Agreement on Hot-Rolled motor lamination steels. IF steels are and chemical description provided Flat-Rolled Carbon-Quality Steel recognized as low carbon steels with above are within the scope of this Products from the Russian Federation, micro-alloying levels of elements such agreement unless otherwise excluded. 77 FR 19619 (April 2, 2012). as titanium and/or niobium added to The following products, by way of stabilize carbon and nitrogen elements. Scope of Review example, are outside and/or specifically HSLA steels are recognized as steels excluded from the scope of this For the purposes of this Suspension with micro-alloying levels of elements agreement: Agreement, ‘‘hot-rolled steel’’ means such as chromium, copper, niobium, —Alloy hot-rolled steel products in certain hot-rolled flat-rolled carbon- titanium, vanadium, and molybdenum. which at least one of the chemical quality steel products of a rectangular The substrate for motor lamination elements exceeds those listed above shape, of a width of 0.5 inch or greater, steels contains micro-alloying levels of (including e.g., ASTM specifications neither clad, plated, nor coated with elements such as silicon and aluminum. A543, A387, A514, A517, and A506). metal and whether or not painted, Steel products to be included in the varnished, or coated with plastics or scope of this agreement, regardless of —SAE/AISI grades of series 2300 and other non-metallic substances, in coils Harmonized Tariff Schedule of the higher. (whether or not in successively United States (‘‘HTSUS’’) definitions, —Ball bearing steels, as defined in the superimposed layers) regardless of are products in which: (1) Iron HTSUS. thickness, and in straight lengths, of a predominates, by weight, over each of —Tool steels, as defined in the HTSUS. thickness less than 4.75 mm and of a the other contained elements; (2) the —Silico-manganese (as defined in the width measuring at least 10 times the carbon content is 2 percent or less, by HTSUS) or silicon electrical steel with thickness. weight; and (3) none of the elements a silicon level exceeding 1.50 percent. Universal mill plate (i.e., flat-rolled listed below exceeds the quantity, by —ASTM specifications A710 and A736. products rolled on four faces or in a weight, respectively indicated: 1.80 —USS Abrasion-resistant steels (USS closed box pass, of a width exceeding percent of manganese, or 1.50 percent of AR 400, USS AR 500). 150 mm but not exceeding 1250 mm silicon, or 1.00 percent of copper, or —Hot-rolled steel coil which meets the and of a thickness of not less than 4 0.50 percent of aluminum, or 1.25 following chemical, physical and mm, not in coils and without patterns percent of chromium, or 0.30 percent of mechanical specifications:

C Mn P S Si Cr Cu Ni

0.10–0.14% ...... 0.90% Max 0.025% Max 0.005% Max 0.30–0.50% 0.50–0.70% 0.20–0.40% 0.20% Max

Width = 44.80 inches maximum; minimum; Tensile Strength = the following chemical, physical Thickness = 0.063–0.198 inches; 70,000–88,000 psi. and mechanical specifications: Yield Strength = 50,000 ksi —Hot-rolled steel coil which meets

C Mn P S Si Cr Cu Ni

0.10–0.16% ...... 0.70–0.90% 0.025% Max 0.006% Max 0.30–0.50% 0.50–0.70% 0.25% Max 0.20% Max Mo ...... 0.21% Max ......

Width = 44.80 inches maximum; ksi minimum; Tensile Strength = the following chemical, physical Thickness = 0.350 inches 105,000 psi Aim. and mechanical specifications: maximum; Yield Strength = 80,000 —Hot-rolled steel coil which meets

C Mn P S Si Cr Cu Ni

0.10–0.14% ...... 1.30–1.80% 0.025% Max 0.005% Max 0.30–0.50% 0.50–0.70% 0.20–0.40% 0.20% Max V(wt.) ...... Cb 0.10 Max ...... 0.08% Max

Width = 44.80 inches maximum; ksi minimum; Tensile Strength = —Hot-rolled steel coil which meets the Thickness = 0.350 inches 105,000 psi Aim. following chemical, physical and maximum; Yield Strength = 80,000 mechanical specifications:

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C Mn P S Si Cr Cu Ni

0.15% Max ...... 1.40% Max 0.025% Max 0.010% Max 0.50% Max 1.00% Max 0.50% Max 0.20% Max Nb ...... Ca Al 0.005% Min ...... Treated 0.01–0.07%

Width = 39.37 inches; Thickness = 7212.50.00.00. Certain hot-rolled flat- established annual quota limits and a 0.181 inches maximum; Yield rolled carbon-quality steel covered reference price mechanism to provide Strength = 70,000 psi minimum for include: Vacuum degassed, fully minimum prices for sales of Russian thicknesses ≤0.148 inches and stabilized; high strength low alloy; and hot-rolled steel imports into the U.S. 65,000 psi minimum for thicknesses the substrate for motor lamination steel market. The reference price mechanism >0.148 inches; Tensile Strength = may also enter under the following tariff relies on quarterly adjustments, based 80,000 psi minimum. numbers: 7225.11.00.00, 7225.19.00.00, on the average unit prices (‘‘AUVs’’) of —Hot-rolled dual phase steel, phase- 7225.30.30.50, 7225.30.70.00, fairly-traded imports as reported by the hardened, primarily with a ferritic- 7225.40.70.00, 7225.99.00.90, U.S. Bureau of the Census, as specified martensitic microstructure, contains 7226.11.10.00, 7226.11.90.30, under section III.E of the Agreement. 0.9 percent up to and including 1.5 7226.11.90.60, 7226.19.10.00, As discussed above, pursuant to percent silicon by weight, further 7226.19.90.00, 7226.91.50.00, section 734(l)(1) of the Act, the characterized by either (i) tensile 7226.91.70.00, 7226.91.80.00, and Department must ensure that the strength between 540 N/mm2 and 7226.99.01.80. Although the HTSUS Agreement ‘‘will prevent the 640 N/mm2 and an elongation subheadings are provided for suppression or undercutting of price percentage ≥26 percent for convenience and Customs purposes, the levels of domestic products by imports thicknesses of 2 mm and above, or written description of the covered of the merchandise under (ii) a tensile strength between 590 merchandise is dispositive. investigation.’’ Neither the Act nor the 2 2 N/mm and 690 N/mm and an Period of Review Department’s regulations contain a elongation percentage ≥25 percent definition of price suppression or The POR is July 1, 2010 through June for thicknesses of 2 mm and above. undercutting. Moreover, the legislative 30, 2011. —Hot-rolled bearing quality steel, history does not contain any discussion SAE grade 1050, in coils, with an Preliminary Results of Review of the terms price suppression or inclusion rating of 1.0 maximum Section 751(a)(1)(C) of the Act undercutting. Accordingly, the per ASTM E 45, Method A, with specifies that, in an administrative Department has typically considered excellent surface quality and review of a suspension agreement, the Section 771(7)(C) of the Act, which chemistry restrictions as follows: Department shall ‘‘review the current requires the ITC, in its price analysis 0.012 percent maximum status of, and compliance with, any when determining whether there is phosphorus, 0.015 percent agreement by reason of which an material injury to an industry in the maximum sulfur, and 0.20 percent investigation was suspended.’’ In this United States, to consider ‘‘whether—(I) maximum residuals including 0.15 case, the Department and the MOT (the there has been significant price percent maximum chromium. predecessor to the MED) of the Russian underselling by the imported —Grade ASTM A570–50 hot-rolled Federation signed the Agreement, which merchandise as compared with the price steel sheet in coils or cut lengths, suspended the underlying AD of domestic like products of the United width of 74 inches (nominal, within investigation on July 12, 1999. Because States, and (II) the effect of imports of ASTM tolerances), thickness of 11 the Department determined that the such merchandise otherwise depresses gauge (0.119 inches nominal), mill Russian Federation was a non-market prices to a significant degree or prevents edge and skin passed, with a economy at that time, the Agreement price increases, which otherwise would minimum copper content of 0.20 was entered into under section 734(l) of have occurred, to a significant degree.’’ percent. the Act, which applies to non-market- In this administrative review, The covered merchandise is classified economy countries. 1 This section domestic interested parties have alleged in the HTSUS at subheadings: provides that the Department may in part that offers, and subsequent sales, 7208.10.15.00, 7208.10.30.00, suspend an investigation upon of Russian hot-rolled steel in the United 7208.10.60.00, 7208.25.30.00, acceptance of an agreement with a non- States are undercutting domestic hot- 7208.25.60.00, 7208.26.00.30, market-economy country to restrict the rolled steel prices and, as a result, the 7208.26.00.60, 7208.27.00.30, volume of imports into the United Agreement is not fulfilling its statutory 7208.27.00.60, 7208.36.00.30, States, if the Department determines requirements. In their February 17, 2012 7208.36.00.60, 7208.37.00.30, that the agreement: is in the public submission, domestic interested parties 7208.37.00.60, 7208.38.00.15, interest, effective monitoring is possible, argue that, due to a combination of 7208.38.00.30, 7208.38.00.90, and the agreement ‘‘will prevent the pricing and cost changes in the hot- 7208.39.00.15, 7208.39.00.30, suppression or undercutting of price rolled steel industry, most dramatically 7208.39.00.90, 7208.40.60.30, levels of domestic products by imports in the rising price of raw material inputs 7208.40.60.60, 7208.53.00.00, of the merchandise under since 2004, the adjustments made 7208.54.00.00, 7208.90.00.00, investigation.’’ Section 734(l)(1). For quarterly within the reference price 7210.70.30.00, 7210.90.90.00, this purpose, the Agreement’s terms mechanism have failed to keep pace 7211.14.00.30, 7211.14.00.90, with changes in U.S. prices. The 7211.19.15.00, 7211.19.20.00, 1 In a memorandum dated June 6, 2002, based on evidence on the record indicates that, 7211.19.30.00, 7211.19.45.00, the evidence of Russian economic reforms to that once the reference prices became too date, the Department revoked Russia’s status as a 7211.19.60.00, 7211.19.75.30, non-market-economy under section 771(18)(B) of low relative to U.S. market prices, the 7211.19.75.60, 7211.19.75.90, the Act, with such revocation effective as of April subsequent quarterly adjustments were 7212.40.10.00, 7212.40.50.00, 1, 2002. no longer effective in providing new

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reference prices that were reflective of preliminarily determines that there is reference price mechanism and whether U.S. market prices for hot-rolled steel. price undercutting by Russian hot-rolled the Agreement is fulfilling its statutory To demonstrate this point, the current steel imports of U.S. hot-rolled steel mandate to prevent the undercutting reference price of $408.32/metric ton for during the POR. and suppression of domestic hot-rolled A36 hot-rolled steel applicable to the With respect to compliance with the steel prices. The Department intends to second quarter of 2012 is now below the specific terms of the Agreement, such as move forward with additional price for #1 busheling scrap, a type of the quota limits and the reference consultations with MED during this scrap commonly used to make hot- prices, no party has placed evidence on administrative review, as mutually rolled sheet, of $452/metric ton, as the record of this review suggesting that agreed, in an attempt to resolve these reported in the industry publication the Russian exporters sold hot-rolled concerns and to bring the Agreement SteelBenchmarker for March 26, 2012. steel products in the U.S. market below back into alignment with its statutory Further, on the same date, the applicable reference prices or in requirement to prevent the undercutting SteelBenchmarker reported the U.S. excess of the quota, or that any of domestic price levels for hot-rolled price of hot-rolled band as $763/metric violations of the Agreement occurred, steel. ton—187 percent higher than the during the POR. If, for purposes of the final results of reference price issued for the relevant In evaluating the information on the this review, the Department makes no quarter. While these particular data record of this administrative review changes to these preliminary results, pertain to a period that occurred after with respect to the current status of, and and no amendment to the Agreement is the period of this review, they compliance with, the Agreement, the agreed upon, the Department expects to demonstrate the continuing limitations Department preliminarily determines terminate this Agreement in accordance of the reference price mechanism, as that the Agreement’s reference price with section 734(i) of the Act. In adjusted on a quarterly basis under the mechanism, in its current form, is no addition, if the Department terminates Agreement, and, thus, the continuing longer preventing price undercutting by this Agreement pursuant to 734(i), the failure of that mechanism to prevent Russian imports of hot-rolled steel into Department will also direct U.S. undercutting of U.S. market prices. the U.S. market, and, as a result, the Customs and Border Protection to In their above-cited submissions on Agreement is no longer fulfilling its suspend liquidation of all entries of hot- the record of this administrative review, statutory requirement. The record rolled steel from Russia that are entered, domestic interested parties have evidence indicates that the adjustments or withdrawn from warehouse, for provided evidence to demonstrate that made quarterly within the Agreement’s consumption on the date which is 90 the reference prices issued under the current reference price mechanism have days before the date of publication of Agreement have been consistently failed to keep pace with changes in U.S. the notice of termination of the below the domestic market prices for prices. Further, once the reference Agreement. See 19 CFR sections hot-rolled steel, as well as below the prices became too low relative to U.S. 351.213(i) and 351.209(c). Section X(C) average prices of hot-rolled steel market prices, the subsequent quarterly of the Agreement specifies that the imports from other countries before and adjustments were no longer effective in Department may terminate the during the POR. See, e.g., the February providing new reference prices that Agreement at any time upon written 10, 2012, submission from Nucor and were reflective of U.S. market prices for notice to the other party. Pursuant to the February 17, 2012, submission from hot-rolled steel. In addition, the record section X(C) of the Agreement, the all domestic interested parties. Further, evidence and the Department’s analysis Department is hereby providing written in examining possible price indicate that the failing reference price notice to the MED of the termination of undercutting by Russian hot-rolled steel mechanism, as described, has led to the the Agreement. If the Department makes imports, the Department looked at the undercutting of domestic hot-rolled an affirmative final determination that relationship between Russian hot-rolled steel price levels by Russian hot-rolled the Agreement is not satisfying the steel AUVs and U.S. prices during the steel imports during the POR. Because requirements of the statute, and no POR. Using public information, we the Department has preliminarily found amendment to address the issue is found that Russian import prices were price undercutting, the Department has agreed upon, the Department will below U.S. prices in nine out of the 11 not reached the question of whether the terminate the Agreement on the date of months in which imports occurred. See Agreement is preventing the the final results. Memorandum to the File, from Anne suppression of domestic price levels by Public Comment Russian hot-rolled steel imports. D’Alauro on ‘‘Data Supporting An interested party may request a However, we will further consider the Preliminary Results of Administrative hearing within 30 days of publication of issue during the course of the Review’’ (May 23, 2012). Furthermore, these preliminary results. See 19 CFR administrative review, as necessary. for three of these months during the 351.310(c). Any hearing, if requested, Finally, the Department preliminarily POR, February, March, and April 2011, will be held 37 days after the date of finds no evidence, in the information Russian AUVs were significantly publication, or the first business day submitted by interested parties in this below—over $300/metric ton less thereafter, unless the Department alters administrative review, that the than— the U.S. prices of hot-rolled steel the date per 19 CFR 351.310(d). Agreement has not been complied with for those months. Id. Guided by Section Interested parties may submit case briefs during the POR. 771(7)(C) of the Act, which instructs the no later than 30 days after the date of As noted above, on February 23, 2012, ITC to consider ‘‘whether—(I) there has publication of these preliminary results the Department and MED entered into been significant price underselling by of review. See 19 CFR 351.309(c). consultations to discuss the issues of the the imported merchandise as compared Rebuttal briefs, limited to issues raised alleged sales of Russian hot-rolled steel with the price of domestic like products in the case briefs, may be filed no later 2 imports at prices that call into question of the United States,’’ the Department than 35 days after the date of the effectiveness of the Agreement’s publication of this notice. See 19 CFR 2 We note that, although we are guided by this provision of the Act, which refers to ‘‘significant Agreement refers only to undercutting, not 351.309(d). Parties who submit price underselling,’’ the relevant standard for the significant undercutting. See section 734(l)(1) of the comments in these proceedings are Department in evaluating the status of an Act. requested to provide: (1) A statement of

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the issue; (2) a brief summary of the and Solutions USA (Aperam USA) made On February 28, 2012, the Department argument; and (3) a table of authorities. U.S. sales that were below normal value issued a memorandum to all interested Further, parties submitting case briefs (NV). If these preliminary results are parties to comment on the selection of and/or rebuttal briefs are requested to adopted in our final results, we will an alternative source for determining provide the Department with an instruct U.S. Customs and Border Constructed Value (CV) profit and additional copy of the public version of Protection (CBP) to assess antidumping selling expenses with respect to AS any such briefs on diskette. The duties on all appropriate entries of Belgium for the preliminary results of Department will issue the final results subject merchandise during the POR. review. On March 13, 2012, the of this administrative review, including Interested parties are invited to Department received comments on the the results of our analysis of the issues comment on these preliminary results. selection of an alternative source for raised in any written comments or at a The Department will issue the final determining CV profit and selling hearing, if requested, within 120 days of results within 120 days after publication expenses. On March 20, 2012, the publication of these preliminary results. of the preliminary results. Department received rebuttal comments Given the U.S. market trends and the DATES: Effective Date: June 1, 2012. from petitioners 4 on AS Belgium’s concerns with respect to the Suspension FOR FURTHER INFORMATION CONTACT: response and petitioners’ request for Agreement’s legal viability that the Jolanta Lawska or Eric Greynolds, AD/ verification based upon good cause. Department is considering in the CVD Operations, Office 3, Import Between March and April 2012, AS context of this administrative review, Administration, International Trade Belgium and petitioners made the Department will also evaluate Administration, U.S. Department of numerous submissions.5 whether there is good cause to Commerce, 14th Street and Constitution On December 5, 2011, the Department accelerate the issuance of the final Avenue NW., Washington, DC 20230; published a notice extending the time results (i.e., prior to the 120th day after telephone: (202) 482–8362 or (202) 482– period for issuing the preliminary publication of the preliminary results). 6071, respectively. results of the administrative review We are issuing and publishing this SUPPLEMENTARY INFORMATION: from January 31, 2012, to May 30, notice in accordance with sections 2012.6 751(a)(1) and 777(i)(1) of the Act. Background Petitioners in their pre-preliminary submissions dated April 3, April 6, Dated: May 23, 2012. On May 2, 2011, the Department issued a notice of opportunity to request April 12, April 18, and April 24, 2012, Ronald K. Lorentzen, raised the issue of bundled sales and Deputy Assistant Secretary for Import an administrative review of this order for the POR.2 On May 31, 2011, the targeted dumping. First, they allege that Administration. AS Belgium’s sales patterns and [FR Doc. 2012–13239 Filed 5–31–12; 8:45 am] Department received a timely request for an administrative review of this BILLING CODE 3510–DS–P antidumping duty order from the 4 Petitioners are Alleghany Ludlum Corporation, North American Stainless, United Auto Workers respondent, AS Belgium. On June 28, Local 3303, Zanesville Arco Independent DEPARTMENT OF COMMERCE 2011, the Department published in the Organization, and the United Steel, Paper and Federal Register a notice of initiation of Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, International Trade Administration the administrative review of the (AFL–CIO/CLC). antidumping duty order on steel plate 5 [A–423–808] On March 22, 2012, AS Belgium submitted from Belgium covering one respondent, comments on petitioners’ March 20, 2012 rebuttal Stainless Steel Plate in Coils From AS Belgium.3 comments. On March 23, 2012, petitioners On June 30, 2011, the Department submitted further comments on AS Belgium’s Belgium: Notice of Preliminary Results March 20, and March 22, 2012 letters. On March of Antidumping Duty Administrative sent the initial questionnaire covering 26, 2012, AS Belgium submitted comments on Review sections A through D to AS Belgium. We petitioners’ March 23, 2012, letter. On April 3, received AS Belgium’s response to 2012, AS Belgium submitted further comments on AGENCY: Import Administration, section A of the Department’s petitioners’ March 20, and March 23, 2012, letters. On April 3, 2012, petitioners submitted comments International Trade Administration, questionnaire on August 15, 2011, in advance of the preliminary results on AS U.S. Department of Commerce. section C on September 13, 2011, and Belgium’s September 7, 2011, Section B and SUMMARY: The Department of Commerce sections B and D on September 26, September 13, 2011 Section C questionnaire (the Department) is conducting an 2011. On November 8, 2011, the responses (QR) and reinstated their request for verification as based upon good cause. On April 6, administrative review of the Department sent to AS Belgium the first 2012, petitioners submitted further comments on antidumping duty order on stainless supplemental questionnaire for sections AS Belgium’s letter dated April 3, 2012. On April steel plate in coils (steel plate) from A–C and received the response on 12, 2012, the Department received further December 13, 2011. On November 15, comments from petitioners related to the selection Belgium covering the period of review of an alternative source for determining CV profit (POR) May 1, 2010, through April 30, 2011, the Department sent to AS and selling expenses with respect to AS Belgium. 2011. This review covers one producer/ Belgium a supplemental questionnaire On April 16, 2012, petitioners submitted comments exporter of subject merchandise, for section D and received the response on AS Belgium’s April 13, 2012 letter. On April 18, on December 14, 2011. On January 25, 2012, petitioners submitted a letter addressing AS Aperam Stainless Belgium N.V. (AS Belgium’s April 13, 2012 submission. On April 20, Belgium).1 2012, the Department issued the second 2012, AS Belgium submitted comments in response We have preliminarily determined supplemental section A–D to the letter filed by petitioners on April 18, 2012, that, during the POR, AS Belgium and questionnaire. We received the response arguing that there is no good cause for verification on February 8, 2012. or collection of new information. On April 24, 2012, its affiliate, Aperam Stainless Services petitioners submitted a renewed request for verification of AS Belgium’s data. On April 24, 1 We determined that AS Belgium (otherwise 2 See Antidumping or Countervailing Duty Order, 2012, AS Belgium submitted a letter in response to known as Aperam) is the successor-in-interest to Finding, or Suspended Investigation; Opportunity petitioners’ letter of April 12, 2012. On April 27, Arcelor Mittal Stainless Belgium N.V. (AMS to Request Administrative Review, 76 FR 24460 2012 AS Belgium submitted a letter in response to Belgium) in an antidumping changed circumstances (May 2, 2011). petitioners’ recent submissions. review. See Stainless Steel Plate in Coils From 3 See Initiation of Antidumping and 6 See Stainless Steel Plate in Coils from Belgium: Belgium: Notice of Final Results of Antidumping Countervailing Duty Administrative Reviews and Notice of Extension of Time Limit for Preliminary Duty Changed Circumstances Review, 77 FR 21963 Request for Revocation in Part, 76 FR 37781 (June Results of Administrative Review, 76 FR 75870 (April 12, 2012). 28, 2011). (December 5, 2011).

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customer structure in both the home Department’s implementation of this nominal thickness of 4.75mm, market and the U.S. market provide recently adopted methodology in the regardless of the actual thickness, are evidence that the sales of subject context of this administrative review. within the scope of the order. See the merchandise were priced in bundles The Department intends to continue to Memorandum to Stephen J. Claeys, with non- subject merchandise during consider, pursuant to 19 CFR Deputy Assistant Secretary for the POR. Petitioners urge the 351.414(3)(c), whether another method Antidumping and Countervailing Duty Department to investigate further is appropriate in this administrative Operations, ‘‘Stainless Steel Plate in whether AS Belgium was engaged in review in light of both parties’ pre- Coils from Belgium: Final Scope bundled pricing during the POR. preliminary comments and any Ruling,’’ (December 3, 2008), a public Second, petitioners note that they comments on the issue that parties may document available in room 7046 of the conducted their own targeted dumping include in their case briefs. Central Records Unit in the Main analysis of AS Belgium’s U.S. sales Scope of the Order Commerce Building. using the Department’s targeted dumping methodology as applied in The product covered by this order is Period of Review Steel Nails and Wood Flooring.7 Based certain stainless steel plate in coils. Stainless steel is alloy steel containing, The POR is May 1, 2010, through on their own analysis, petitioners argue April 30, 2011. that the Department should conduct a by weight, 1.2 percent or less of carbon targeted dumping analysis and employ and 10.5 percent or more of chromium, Product Comparisons monthly average-to-transaction with or without other elements. The comparisons in place of monthly subject plate products are flat-rolled In accordance with section 771(16) of average to average comparisons without products, 254 mm or over in width and the Tariff Act of 1930, as amended (the offsets should the Department find that 4.75 mm or more in thickness, in coils, Act), we considered all products the record supports its allegation of and annealed or otherwise heat treated produced by the respondent that are targeted dumping.8 AS Belgium objects and pickled or otherwise descaled. The covered by the description contained in to the petitioners’ allegations of bundled subject plate may also be further the ‘‘Scope of the Order’’ section above sales and targeted dumping in its processed (e.g., cold-rolled, polished, and were sold in the home market submissions dated April 13, April 16, etc.) provided that it maintains the during the POR, to be the foreign like April 20, April 24, and April 27, 2012, specified dimensions of plate following product for purposes of determining and argues that petitioners failed to such processing. Excluded from the appropriate product comparisons to scope of this order are the following: (1) submit evidence in support of their U.S. sales. Where there were no sales of Plate not in coils, (2) plate that is not allegations. identical merchandise in the home annealed or otherwise heat treated and For these preliminary results of market to compare to U.S. sales, we pickled or otherwise descaled, (3) sheet review the Department did not have compared U.S. sales to the next most and strip, and (4) flat bars. adequate time to consider these similar foreign like product on the basis The merchandise subject to this order of the characteristics listed in Appendix comments in their entirety. In is currently classifiable in the calculating the preliminary weighted- V of the initial antidumping Harmonized Tariff Schedule of the questionnaire we provided to AS average dumping margin, the United States (HTSUS) at subheadings: Department applied the calculation Belgium. See the Department’s 7219.11.00.30, 7219.11.00.60, Antidumping Duty Questionnaire dated methodology adopted in Final 7219.12.00.02, 7219.12.00.05, Modification for Reviews. 9 In particular, June 30, 2011. Where there were no 7219.12.00.06, 7219.12.00.20, sales of similar merchandise in the the Department compared monthly 7219.12.00.21, 7219.12.00.25, weighted-average export prices with home market made in the ordinary 7219.12.00.26, 7219.12.00.50, course of trade to compare to U.S. sales, monthly weighted-average normal 7219.12.00.51, 7219.12.00.55, values and granted offsets for non- we compared U.S. sales to constructed 7219.12.00.56, 7219.12.00.65, value. dumped comparisons in the calculation 7219.12.00.66, 7219.12.00.70, of the weighted-average dumping Normal Value Comparisons 10 7219.12.00.71, 7219.12.00.80, margin. Application of this 7219.12.00.81, 7219.31.00.10, To determine whether sales of subject methodology in these preliminary 7219.90.00.10, 7219.90.00.20, merchandise from Belgium were made results affords parties an opportunity to 7219.90.00.25, 7219.90.00.60, in the United States at less than NV, meaningfully comment on the 7219.90.00.80, 7220.11.00.00, pursuant to 19 CFR 351.414(c)(1) and 7220.20.10.10, 7220.20.10.15, 7 U.S. Steel Corporation’s Allegation of Targeted (d), we compared Constructed Export 7220.20.10.60, 7220.20.10.80, Dumping, dated May 9, 2012, at 1–8 (citing Certain Price (CEP) to the NV of the foreign like 7220.20.60.05, 7220.20.60.10, Steel Nails from the People’s Republic of China: product in the appropriate Final Determination of Sales at Less Than Fair 7220.20.60.15, 7220.20.60.60, corresponding calendar month where Value and Partial Affirmative Determination of 7220.20.60.80, 7220.90.00.10, Critical Circumstances, 73 FR 33,977 (June 16, there were sales made in the ordinary 7220.90.00.15, and 7220.90.00.60. 2008), and accompany Issues and Decision course of trade, as discussed in the Although the HTSUS subheadings are Memorandum at Comment 8 (Steel Nails); ‘‘Cost of Production Analysis’’ section of Multilayered Wood Flooring from the People’s provided for convenience and customs this notice.11 Republic of China: Final Determination of Sales at purposes, the written description of the Less Than Fair Value, 76 FR 64318 (Oct. 18, 2011), merchandise subject to this order is and accompanying Issues and Decision 11 In these preliminary results, the Department Memorandum at Comment 4 (Wood Flooring). dispositive. applied the weighted-average dumping margin 8 See id. at 5–8. Scope Rulings calculation method adopted in Final Modification 9 See Antidumping Proceedings: Calculation of for Reviews 77 FR 8101 (February 14, 2012). In the Weighted-Average Dumping Margin and On December 3, 2008, in response to particular, the Department compared monthly Assessment Rate in Certain Antidumping a request by Ugine & Alz Belgium, N.V., weighted-average export prices (or constructed Proceedings; Final Modification, 77 FR 8101 export prices) with monthly weighted-average (February 14, 2012) (Final Modification for the Department issued a final scope normal values and granted offsets for non-dumped Reviews). ruling that found that stainless steel comparisons in the calculation of the weighted 10 See id. at 8102. plate in coils from Belgium with a average dumping margin.

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Home Market Viability from the starting price, net of discounts, product-specific basis, based on the sum In accordance with section for movement expenses (foreign and of the cost of materials and fabrication 773(a)(1)(C) of the Act, to determine U.S. movement, U.S. customs duty and for the foreign like product, plus whether there was a sufficient volume brokerage, and warehousing) in amounts for general and administrative of sales in the home market to serve as accordance with section 772(c)(2) of the expenses, interest expenses, and the a viable basis for calculating NV, we Act and 19 CFR 351.401(e). In addition, costs of all expenses incidental to compared AS Belgium’s volume of because AS Belgium reported CEP sales, packing the merchandise. We relied on the COP information AS Belgium home market sales of the foreign like in accordance with section 772(d)(1) of the Act, we deducted from the starting submitted in its response to our cost product to the volume of U.S. sales of price, credit expenses, warranty questionnaire. We examined the cost the subject merchandise. Pursuant to expenses, and indirect selling expenses, data for AS Belgium and determined section 773(a)(1)(B) of the Act and 19 including inventory carrying costs, that our quarterly cost methodology is CFR 351.404(b), because AS Belgium’s incurred in the United States and not warranted and, therefore, we have aggregate volume of home market sales Belgium and associated with economic applied our standard methodology of of the foreign like product was greater activities in the United States. using annual costs based on the than five percent of its aggregate volume reported data. See Memorandum to Neal of U.S. sales of the subject merchandise, Normal Value Halper from Stephanie Arthur, ‘‘Cost of we determined that the home market In accordance with section Production and Constructed Value was viable. Moreover, there is no 773(a)(1)(B)(i) of the Act, we have based Calculation Adjustments for the evidence on the record indicating a NV on the price at which the foreign Preliminary Results of Review,’’ (Prelim particular market situation in the like product was first sold for Cost Calc Memo), dated May 23, 2012. exporting company’s country that consumption in the home market, in the would not permit a proper comparison usual commercial quantities and in the Test of Comparison Market Sales Prices of home market and U.S. prices. ordinary course of trade. In addition, Pursuant to section 773(b)(1) of the Constructed Export Price because the NV level of trade (LOT) is Act, we compared the weighted-average at a more advanced stage of distribution COP to the per-unit price of the In accordance with section 772(b) of than the CEP LOT, and available data comparison market sales of the foreign the Act, CEP is the price at which the provide no appropriate basis to like product, to determine whether subject merchandise is first sold (or determine a LOT adjustment between these sales were made at prices below agreed to be sold) in the United States NV and CEP, we made a CEP offset the COP within an extended period of before or after the date of importation by pursuant to section 773(a)(7)(B) of the time in substantial quantities, and or for the account of the producer or Act. See ‘‘Level of Trade’’ section, whether such prices were sufficient to exporter of such merchandise, or by a below. permit the recovery of all costs within seller affiliated with the producer or AS Belgium had no sales of subject a reasonable period of time. We exporter, to a purchaser not affiliated merchandise in the home market to determined the net comparison market with the producer or exporter. affiliated customers. prices for the below-cost test by As stated at 19 CFR 351.401(i), the subtracting from the gross unit price any Department will use the respondent’s Cost of Production Analysis applicable movement charges, invoice date as the date of sale unless In the last administrative review of discounts, rebates, direct and indirect another date better reflects the date the order completed prior to the selling expenses and packing expenses upon which the exporter or producer initiation of this review, the Department which were excluded from COP for established the essential terms of sale. determined that AS Belgium sold the comparison purposes. AS Belgium reported the invoice date as foreign like product at prices below the Results of COP Test the date of sale for both the U.S. market cost of producing the merchandise and, and the home market because the date as a result, we excluded such sales from Pursuant to section 773(b)(2)(C)(i) of of invoice reflects the date on which the the calculation of normal value. See the Act, where less than 20 percent of material terms of sale were finalized. Stainless Steel Plate in Coils From sales of a given product were at prices For more information, see the Belgium: Final Results of Antidumping less than the COP, we do not disregard Preliminary Cost Memo and Duty Administrative Review, 74 FR any below- cost sales of that product Memorandum to the file from Jolanta 53468 (October 19, 2009). Therefore, because we determine that the below- Lawska, International Trade Analyst, pursuant to section 773(b)(2)(A)(ii) of cost sales are not made in ‘‘substantial ‘‘Calculation Memorandum for Aperam the Act, there are reasonable grounds to quantities.’’ Where 20 percent or more Stainless Belgium N.V. for the believe or suspect that AS Belgium’s of a respondent’s sales of a given Preliminary Results of the 10th sales of the foreign like product under product during the POR were at prices Administrative Review of Stainless consideration for the determination of less than the COP, we determine such Steel Plate in Coils from Belgium normal value in the instant review may sales to have been made in ‘‘substantial (Prelim Sales Calc Memo), dated May have been made at prices below COP. quantities.’’ See section 773(b)(2)(C) of 23, 2012. Pursuant to section 773(b)(1) of the Act, the Act. Based on the results of the COP For purposes of this review, AS we have conducted a COP investigation test, there were no above- cost sales for Belgium classified all of its export sales of the respondent’s sales in the matching purposes. Further, the sales of steel plate to the United States as CEP comparison market. were made within an extended period of sales. During the POR, AS Belgium time, in accordance with section made sales in the United States through 1. Calculation of Cost of Production 773(b)(2)(B) of the Act, because we its U.S. affiliate, Aperam USA, which We conducted a COP analysis of AS examined below-cost sales occurring then resold the merchandise to Belgium’s sales pursuant to section during the entire POR. In such cases, unaffiliated customers in the United 773(b)(3) of the Act to determine because we compared prices to POR- States. The Department calculated CEP whether any home market sales were average costs, we also determined that based on packed prices to customers in made at prices below COP. We such sales were not made at prices the United States. We made deductions calculated AS Belgium’s COP on a which would permit recovery of all

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costs within a reasonable period of time, Department, because AS Belgium is the that there is a difference in the stages of in accordance with section 773(b)(2)(D) sole respondent in this review. marketing. See Notice of Final of the Act. Therefore, for purpose of this Alternative (iii) of section 773(e)(2)(B) of Determination of Sales at Less Than administrative review, we disregarded the Act specifies that selling expenses Fair Value: Certain Cut-to-Length below-cost sales of a given product. and profit may be calculated based on Carbon Steel Plate From South Africa, Because we find that there were no any other reasonable method, except 62 FR 61731, 61732 (November 19, above- cost sales for matching purposes, that the amount for profit may not 1997) (Plate from South Africa). In order pursuant to section 773(b)(1), we based exceed the amount normally realized by to determine whether the comparison NV on CV for this company. exporters or producers in connection sales were at different stages in the with the sale, for consumption in the marketing process than the U.S. sales, Calculation of Constructed Value (CV) foreign country, of merchandise that is we reviewed the distribution system in and Price to Constructed Value in the same general category of products each market (i.e., the chain of Comparisons as the subject merchandise (i.e., the distribution), including selling Section 773(b)(1) of the Act provides ‘‘profit cap’’). functions, class of customer (customer that where no sales made in the As alternatives (i) and (ii) are not category), and the level of selling ordinary course of trade remain after viable options, we determined CV expenses for each type of sale. conducting the COP test, NV shall be selling expenses and CV profit for AS Pursuant to 19 CFR 351.412(c)(1), in based on CV. Accordingly, we are using Belgium in this review pursuant to identifying LOTs for export price (EP) CV because we find that there were no section 773(e)(2)(B)(iii) of the Act, using and comparison-market sales (i.e., NV above- cost sales for matching purposes. the selling expense and profit ratios that based on either home market or third- Section 773(e) of the Act provides that were calculated for AS Belgium’s home country prices), we consider the starting CV shall be based on the sum of the cost market sales in the 2007–2008 prices before any adjustments. For CEP of materials and fabrication for the administrative review, the most recently sales, we consider only the selling imported merchandise, plus amounts completed review for this respondent. activities reflected in the price after the for selling, general, and administrative We are applying option (iii) without deduction of expenses and CEP profit (SG&A) expenses, profit, and U.S. quantifying a ‘‘profit cap’’ because we under section 772(d) of the Act. See packing costs. We calculated the cost of do not have information allowing us to Micron Technology Inc. v. United materials, fabrication and general calculate the amount normally realized States, 243 F.3d 1301, 1314–1315 (Fed. expenses based on the methodology by exporters or producers (other than Cir. 2001). Where NV is based on CV, described in the Cost of Production the respondent) in connection with the we determine the NV LOT based on the Analysis section above. However, there sale, for consumption in the foreign LOT of the sales from which we derive are no sales made in the ordinary course country, of the merchandise in the same SG&A expenses, and profit for CV, of trade that we can use to calculate general category. For a more detailed where possible. selling expenses and profit for CV discussion regarding CV profit and CV When the Department is unable to pursuant to section 773(e)(2)(A) of the selling expenses, see Prelim Sales Calc match U.S. sales of the foreign like Act. Therefore, we looked to the three Memo. See also Certain Orange Juice product in the comparison market at the alternatives established in section From Brazil: Preliminary Results of same LOT as the EP or CEP, the 773(e)(2)(B) of the Act to determine Antidumping Duty Administrative Department may compare the U.S. sale these amounts. The statute does not Review and Notice of Intent Not To to sales at a different LOT in the establish a hierarchy for selecting Revoke Antidumping Duty Order in comparison-market. In comparing EP or among the alternative methodologies Part, 75 FR 18794 (April 13, 2010) and CEP sales at a different LOT in the provided in section 773(e)(2)(B) of the Certain Orange Juice From Brazil: Final comparison-market, where available Act for determining selling expenses Results of Antidumping Duty data make it practicable, we make a LOT and profit. See Statement of Administrative Review and Notice of adjustment under section 773(a)(7)(A) of Administrative Action Accompanying Intent Not To Revoke Antidumping Duty the Act. Finally, for CEP sales only, if the URAA, H.R. Rep. No. 103–316, Vol. Order in Part, 75 FR 50999 (August 18, the NV LOT is at a more advanced stage 1, at 840 (1994). The first such 2010) (OJ From Brazil). of distribution than the LOT of the CEP alternative, under section 773(e)(2)(B)(i) We made adjustments to CV for and there is no basis for determining of the Act, provides for the use of actual differences in circumstances of sale in whether the difference in LOTs between amounts incurred and realized by the accordance with section 773(a)(8) of the NV and CEP affects price comparability specific exporter or producer in Act and 19 CFR 351.410. For (i.e., no LOT adjustment was connection with the production and sale comparisons to CEP, we made practicable), the Department shall grant of merchandise that is in the same circumstance-of-sale adjustments by a CEP offset, as provided in section general category of products as the deducting comparison market direct 773(a)(7)(B) of the Act. See Plate From subject merchandise. This option is not selling expenses from CV. See 19 CFR South Africa, 62 FR at 61732–33. available to us for these preliminary 351.410(c). In this administrative review, we results because there is no information obtained information from the on the record to permit a calculation of Level of Trade respondent, AS Belgium, regarding the selling expenses and profit specific to a Section 773(a)(1)(B)(i) of the Act marketing stages involved in making the category of products in the same general states that, to the extent practicable, the reported home market and U.S. sales, category as the subject merchandise sold Department will calculate NV based on including a description of the selling by AS Belgium. Another statutory sales at the same level of trade (LOT) as activities performed by AS Belgium for alternative, set forth in section the EP or CEP. Sales are made at each channel of distribution. See AS 773(e)(2)(B)(ii) of the Act, is the use of different LOTs if they are made at Belgium’s August 15, 2011, the weighted average of the actual different marketing stages (or their questionnaire response at pages 15–20 amounts incurred and realized by the equivalent). See 19 CFR 351.412(c)(2). and Exhibit A–13. In the U.S. market, other exporters or producers that are Substantial differences in selling AS Belgium reported sales made subject to the investigation or review. activities are a necessary, but not through one LOT corresponding to two This alternative is not available to the sufficient, condition for determining channels of distribution. AS Belgium

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made sales to the United States by AS market LOT is at a more advanced stage Parties who submit arguments are Belgium’s affiliated trading company, of distribution than the CEP LOT. requested to submit with the argument Aperam USA, through AS Belgium’s We then considered whether we (1) a statement of the issue, and (2) a European affiliates, Aperam Stainless could make a LOT adjustment. In this brief summary of the argument. The Services & Solutions International case, AS Belgium only sold at one LOT Department will issue the final results (Aperam International) and Aparam in the comparison market; therefore, of this administrative review, which Stainless Europe S.A. (Aperam Europe). there is no information available to will include the results of its analysis of See AS Belgium’s August 15, 2011, determine a pattern of consistent price issues raised in any such comments, or Section A Questionnaire Response at differences between the sales on which at a hearing, within 120 days of pages 13, 19 and 23. We have NV is based and the comparison market publication of these preliminary results. determined that these sales are CEP sales at the LOT of the export See section 751(a)(3)(A) of the Act. transaction, in accordance with the sales. AS Belgium’s two U.S. channels Assessment Rate of distribution are: (1) Direct shipment Department’s normal methodology as sales in which the merchandise was described above. See 19 CFR 351.412(d). Upon completion of the shipped directly from Aperam USA to Further, we do not have record administrative review, the Department the final customer; and (2) sales from information which would allow us to shall determine and CBP shall assess inventory maintained by Aperam USA. examine pricing patterns based on the antidumping duties on all appropriate See AS Belgium’s August 15, 2011, respondent’s sales of other products, entries. Pursuant to 19 CFR submission at Exhibit A–11. and there are no other respondents or 351.212(b)(1), the Department calculates AS Belgium requested that a CEP other record information on which such an assessment rate for each importer of offset should be made in calculating the an analysis could be based. the subject merchandise for each respondent. Upon issuance of the final normal value because according to AS Accordingly, because only one LOT results of this administrative review, if Belgium, the selling activities in the exists in the home market we could not any importer-specific assessment rates home market are at a more advanced make a LOT adjustment. However, calculated in the final results are above level of trade than the selling activities because the LOT in the comparison de minimis (i.e., at or above 0.5 percent), in the U.S. market. Our analysis of these market is at a more advanced stage of the Department will issue appraisement selling functions performed by AS distribution than the LOT of the CEP instructions directly to CBP to assess Belgium in the United States shows that transactions, we made a CEP offset antidumping duties on appropriate the selling activities and services do not adjustment in accordance with section 773(a)(7)(B) of the Act and 19 CFR entries. vary according to the channel of To determine whether the duty distribution. Id. We find that there is no 351.412(f). For further explanation of our LOT analysis, see Prelim Sales Calc assessment rates covering the period variation in type or level of services Memo. were de minimis, in accordance with provided by AS Belgium for the the requirement set forth in 19 CFR channels of distribution in the United Preliminary Results of Review 351.106(c)(2), for each respondent we States. AS Belgium provides comparable As a result of our review, we calculated importer (or customer)- services for the two channels of preliminarily determine that for the specific ad valorem rates by aggregating distribution in the United States, which period May 1, 2010, through April 30, the dumping margins calculated for all only differ based on whether the sale is 2011, the following dumping margin U.S. sales to that importer or customer shipped directly to the final customer or exists: and dividing this amount by the total to Aperam USA’s inventory. Therefore, value of the sales to that importer (or based on the lack of differentiation Weighted- customer). If AS Belgium’s weighted- between the type and level of activities Producer/manufacturer average average dumping margin is above de associated with AS Belgium’s sales into margin (percent) minimis in the final results of this the two distribution channels, we review, we will calculate an importer- preliminarily determine that there is Arcelor Stainless Belgium (AS specific ad valorem duty assessment only one LOT in the U.S. market. See Belgium) ...... 10.46 rate based on the ratio of the total Prelim Sales Calc Memo. amount of antidumping duties With respect to the home market, AS The Department will disclose calculated for the importer’s examined Belgium reported certain customer calculations performed within five days sales to the total entered value of the categories in a single channel of of the date of publication of this notice sales in accordance with 19 CFR distribution. We examined the selling to the parties of this proceeding in 351.212(b)(1).12 Where an importer (or functions performed for certain accordance with 19 CFR 351.224(b). An customer)-specific ad valorem rate is customer categories and found that the interested party may request a hearing greater than de minimis, and the selling activities and services do not within 30 days of publication of these respondent has reported reliable entered vary by customer category. See Prelim preliminary results. See 19 CFR values, we apply the assessment rate to Sales Calc Memo. Therefore, we 351.310(c). Any hearing, if requested, the entered value of the importer’s/ preliminarily conclude that AS will be held 37 days after the date of customer’s entries during the review Belgium’s sales in the home market publication, or the first working day period. Where an importer (or constitute one LOT. thereafter, unless the Department alters customer)-specific ad valorem rate is We analyzed the differences among the date pursuant to 19 CFR 351.310(d). greater than de minimis and we do not the reported selling activities which Interested parties may submit case briefs have reliable entered values, we demonstrated that AS Belgium’s sales in no later than 30 days after the date of the home market were at different stages publication of these preliminary results 12 In these preliminary results, the Department in the marketing process than the U.S. of review. See 19 CFR 351.309(c)(1)(ii). applied the assessment rate calculation method sales. Finally, we compared the U.S. Rebuttal briefs limited to issues raised adopted in Final Modification for Reviews, i.e., on in the case briefs may be filed no later the basis of monthly average-to-average and home market LOTs. As a result of comparisons using only the transactions associated our comparison, we preliminarily than 35 days after the date of with that importer with offsets being provided for determined that AS Belgium’s home publication. See 19 CFR 351.309(d). non-dumped comparisons.

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calculate a per-unit assessment rate by Notification to Importers appropriate entries without assessing aggregating the dumping duties due for This notice serves as a preliminary antidumping duties on those entries of all U.S. sales to each importer (or reminder to importers of their subject merchandise during the POR. customer) and dividing this amount by responsibility under 19 CFR FOR FURTHER INFORMATION CONTACT: Lori the total quantity sold to that importer 351.402(f)(2) to file a certificate Apodaca or Jeff Pedersen, AD/CVD (or customer). regarding the reimbursement of Operations, Office 4, Import The Department clarified its antidumping duties prior to liquidation Administration, International Trade ‘‘automatic assessment’’ regulation on of the relevant entries during this Administration, U.S. Department of May 6, 2003. See Antidumping and review period. Failure to comply with Commerce, 14th Street and Constitution Countervailing Duty Proceedings: this requirement could result in the Avenue NW, Washington, DC 20230; Assessment of Antidumping Duties, 68 Secretary’s presumption that telephone: (202) 482–4551 or (202) 482– FR 23954 (May 6, 2003). This reimbursement of antidumping duties 2769, respectively. clarification will apply to entries of occurred and increase the subsequent SUPPLEMENTARY INFORMATION: On June subject merchandise during the POR assessment of the antidumping duties 15, 1987, the Department published in produced by the respondent for which by the amount of antidumping duties the Federal Register the antidumping it did not know its merchandise was reimbursed. duty order on TRBs from the PRC.2 On destined for the United States. In such These preliminary results of review June 30, 2011, the Department received instances, we will instruct CBP to are issued and published in accordance a timely request for a new shipper liquidate unreviewed entries at the all- with sections 751(a)(1) and 777(i)(1) of review from GGB. On August 1, 2011, others rate if there is no rate for the the Act. the Department initiated this new intermediate company(ies) involved in Dated: May 23, 2012. shipper review. See Initiation Notice. the transaction. For a full discussion of Paul Piquado, On September 7, 2011, the Department this clarification, see Antidumping and Assistant Secretary for Import issued an antidumping duty Countervailing Duty Proceedings Administration. questionnaire to GGB. Subsequently, the Assessment of Antidumping Duties, 68 [FR Doc. 2012–13376 Filed 5–31–12; 8:45 am] Department issued supplemental FR 23954 (May 6, 2003). BILLING CODE 3510–DS–P questionnaires to GGB. From October Cash Deposit Requirements 2011 through February 2012, the Department received timely To calculate the cash deposit rate for DEPARTMENT OF COMMERCE questionnaire and supplemental AS Belgium, we divided the total questionnaire responses from GGB. dumping margin by the total net value International Trade Administration for AS Belgium’s sales during the POR. On September 28, 2011, Import [A–570–601] Administration’s Office of Policy issued The following deposit rates will be a memorandum identifying six effective upon publication of the final Tapered Roller Bearings and Parts countries as being at a level of economic results of this administrative review for Thereof, Finished and Unfinished From development comparable to the PRC for all shipments of steel plate from the People’s Republic of China: the instant POR. The countries Belgium entered, or withdrawn from Preliminary Results of Antidumping identified in that memorandum are warehouse, for consumption on or after Duty New Shipper Review Colombia, Indonesia, the Philippines, the publication date, as provided by South Africa, Thailand, and Ukraine.3 section 751(a)(2)(C) of the Act: (1) The AGENCY: Import Administration, On November 14, 2011, the Department cash deposit rate for AS Belgium will be International Trade Administration, released the Policy Memorandum to the rate established in the final results Department of Commerce. interested parties and provided parties of this review, except if the rate is less DATES: Effective Date: June 1, 2012. with an opportunity to submit than 0.5 percent and, therefore, de SUMMARY: On August 1, 2011, the comments regarding the selection of a minimis, the cash deposit rate will be Department of Commerce (the surrogate country in the instant review.4 zero; (2) for previously reviewed or ‘‘Department’’) initiated a new shipper On November 28, 2011, the Petitioner in investigated companies not listed above, review of the antidumping duty order this proceeding, the Timken Company the cash deposit rate will continue to be on Tapered Roller Bearings and Parts (‘‘Petitioner’’) provided comments on the company-specific rate published for Thereof, Finished and Unfinished surrogate country selection and the most recent final results in which (‘‘TRBs’’) from the People’s Republic of publicly-available information to value that manufacturer or exporter China (‘‘PRC’’) covering sale(s) of participated; (3) if the exporter is not a subject merchandise produced and exported by GGB Bearing Technology 2 See Notice of Antidumping Duty Order: Tapered firm covered in this review, a prior Roller Bearings and Parts Thereof, Finished or review, or the original less-than-fair- (Suzhou) Co., Ltd. (‘‘GGB’’) during the Unfinished, From the People’s Republic of China, value (LTFV) investigation, but the period of review (‘‘POR’’) of June 1, 52 FR 22667 (June 15, 1987) (‘‘TRBs Notice of manufacturer is, the cash deposit rate 2010, through May 31, 2011.1 Antidumping Duty Order’’). will be the rate established for the most The Department preliminary 3 See Memorandum regarding Request for a List determines that GGB has not made sales of Surrogate Countries for New Shipper Review of recent final results for the manufacturer the Antidumping Duty Order on Tapered Roller of the merchandise; and, (4) if neither at less than normal value (‘‘NV’’). If Bearings and Parts Thereof, Finished and the exporter nor the manufacturer is a these preliminary results are adopted in Unfinished (‘‘TRBs’’) from the People’s Republic of firm covered in this or any previous our final results of review, we will China (‘‘China’’), dated September 28, 2011 (‘‘Policy instruct U.S. Customs and Border Memorandum’’). review conducted by the Department, 4 See Letter from Howard Smith, Program the cash deposit rate will be 9.86 Protection (‘‘CBP’’) to liquidate all Manager, Office 4, to All Interested Parties percent, the all-others rate established regarding Tapered Roller Bearings and Parts in the LTFV investigation. These cash 1 See Tapered Roller Bearings and Parts Thereof, Thereof, Finished and Unfinished, from the Finished and Unfinished From the People’s People’s Republic of China, New Shipper Review: deposit requirements, when imposed, Republic of China: Initiation of Antidumping Duty Request for Surrogate Country and Surrogate Value shall remain in effect until further New Shipper Review, 76 FR 45777 (August 1, 2011) Comments and Information, dated November 14, notice. (‘‘Initiation Notice’’). 2011.

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factors of production (‘‘FOP’’).5 No other 8483.20.40, 8483.20.80, 8483.30.80, demonstrating that the subject party provided comments on surrogate 8483.90.20, 8483.90.30, 8483.90.80, merchandise was resold by those country selection. On December 5, 2011, 8708.99.80.15 9 and 8708.99.80.80.10 customers at a profit,11 the Department GGB provided publicly-available data to Although the HTSUS item numbers are does not find that this failure overcomes value its FOP and also submitted provided for convenience and customs the totality of evidence described above rebuttal comments concerning purposes, the written description of the demonstrating GGB’s sales were bona Petitioner’s surrogate value comments.6 scope of the order is dispositive. fide. Therefore, the Department has On March 26, 2012, the Department preliminarily found that GGB’s sales of Bona Fides Sale Analysis issued a memorandum providing subject merchandise to the United interested parties with an opportunity to For this review, consistent with the States were bona fide for purposes of submit comments regarding the Department’s practice, the Department this new shipper review. information already on the record for investigated the bona fide nature of the the Department to consider in the sales made by GGB during the POR. In Non-Market Economy Country Status preliminary results.7 On April 2, 2012, evaluating whether or not a sale in a In every antidumping case conducted Petitioner provided comments regarding new shipper review is commercially by the Department involving the PRC, the information already on the record, reasonable, and therefore bona fide, the the PRC has been treated as a non- and on April 12, 2012, GGB submitted Department considers, inter alia, such market economy (‘‘NME’’) country.12 In rebuttal comments concerning factors as: (1) The timing of the sale; (2) accordance with section 771(18)(C)(i) of Petitioner’s submission.8 the price and quantity; (3) the expenses the Tariff Act of 1930, as amended (‘‘the arising from the transaction; (4) whether Act’’), any determination that a foreign Period of Review the goods were resold at a profit; and (5) country is an NME country shall remain The POR is June 1, 2010, through May whether the transaction was made on an in effect until revoked by the 31, 2011. arm’s-length basis. See, e.g., Tianjin administering authority. None of the Scope of the Order Tiancheng Pharmaceutical Co., Ltd. v. parties to this proceeding has contested United States, 366 F. Supp. 2d 1246, such treatment. Accordingly, the Imports covered by the order are 1250 (CIT 2005). Accordingly, the Department calculated NV in shipments of tapered roller bearings and Department considers a number of accordance with section 773(c) of the parts thereof, finished and unfinished, factors in its bona fides analysis, ‘‘all of Act, which applies to NME countries. from the PRC; flange, take up cartridge, which may speak to the commercial and hanger units incorporating tapered realities surrounding an alleged sale of Separate Rate roller bearings; and tapered roller subject merchandise.’’ See Hebei New In proceedings involving NME housings (except pillow blocks) Donghua Amino Acid Co., Ltd. v. United countries, the Department has a incorporating tapered rollers, with or States, 374 F. Supp. 2d 1333, 1342 (CIT rebuttable presumption that all without spindles, whether or not for 2005) (citing Fresh Garlic From the companies within the country are automotive use. These products are People’s Republic of China: Final subject to government control and thus currently classifiable under Harmonized Results of Antidumping Administrative should be assessed a single antidumping Tariff Schedule of the United States Review and Rescission of New Shipper duty rate. It is the Department’s policy (‘‘HTSUS’’) item numbers 8482.20.00, Review, 67 FR 11283 (March 13, 2002)). to assign all exporters of subject 8482.91.00.50, 8482.99.15, 8482.99.45, The Department preliminarily finds merchandise in an NME country this that the sales of subject merchandise single rate unless an exporter can 5 See Letter from Petitioner regarding, New made by GGB were made on a bona fide Shipper Review: Tapered Roller Bearings and Parts demonstrate that it is sufficiently Thereof, Finished and Unfinished, from the basis. Specifically, the Department independent so as to be entitled to a People’s Republic of China: The Timken Company’s preliminarily finds that: (1) While the separate rate. Exporters can demonstrate Surrogate Country Comments, dated November 28, sales under review were made late in this independence through the absence 2011 (‘‘Petitioner’s Surrogate Value Submission’’). the POR, the timing of the sales by itself of both de jure and de facto government 6 See Submission from GGB regarding, GGB does not indicate that the sales might Bearing Technology Submission of Pre-Prelim control over export activities. The Surrogate Values: Tapered Roller Bearings from the not be bona fide; (2) record evidence Department analyzes each entity People’s Republic of China (New Shipper Review: indicates that overall the price and exporting the subject merchandise 6/1/2010–5/31/2011), dated December 5, 2011 quantity of the sales are commercially (‘‘GGB’s Surrogate Value Submission’’) and under a test arising from the Final submission from GGB regarding, GGB Bearing reasonable and not atypical of normal Determination of Sales at Less Than Technology Submission of Pre-Prelim Rebuttal business practices of TRBs exporters; (3) Fair Value: Sparklers From the People’s Surrogate Values, dated December 5, 2011 (‘‘GGB’s GGB and its customers did not incur Republic of China, 56 FR 20588 (May 6, Rebuttal SV Submission’’). any extraordinary expenses arising from 1991) (Sparklers), as further developed 7 See Memorandum regarding Antidumping Duty the transactions; and (4) the new New Shipper Review of Tapered Roller Bearings from the People’s Republic of China- Deadline to shipper sales were made between 11 See Memorandum regarding, ‘‘Antidumping submit comments on information, dated March 26, unaffiliated parties at arm’s length. Duty New Shipper Review of Tapered Roller 2012. While GGB was not able to obtain Bearings and Parts Thereof, Finished and 8 Letter from Petitioner regarding, New Shipper information from unaffiliated customers Unfinished from the People’s Republic of China: Review of the Antidumping Duty Order Covering Bona Fide Sales Analysis for GGB Bearing Tapered Roller Bearings (‘‘TRBs’’) and Parts Technology (Suzhou) Co., Ltd.,’’ dated concurrently Thereof, Finished or Unfinished, From The People’s 9 Effective January 1, 2007, the HTSUS with this notice. Republic of China (‘‘PRC’’) (06/01/2010–05/31/ subheading 8708.99.8015 is renumbered as 12 See, e.g., Tapered Roller Bearings and Parts 2011); The Timken Company’s Comments on the 8708.99.8115. See United States International Trade Thereof, Finished and Unfinished, From the Department’s Preliminary Determination, dated Commission (‘‘USITC’’) publication entitled, People’s Republic of China: Preliminary Results of April 2, 2012 (‘‘Petitioner’s Preliminary Results ‘‘Modifications to the Harmonized Tariff Schedule 2001–2002 Administrative Review and Partial Comments’’) and letter from GGB regarding, GGB of the United States Under Section 1206 of the Rescission of Review, 68 FR 7500 (February 14, Response to The Timken Company’s Comments on Omnibus Trade and Competitiveness Act of 1988,’’ 2003) (unchanged in the final results, Tapered the Upcoming Preliminary Results of Review in USITC Publication 3898 (December 2006) found at Rolling Bearings and Parts Thereof, Finished and Tapered Roller Bearings from the People’s Republic www.usitc.gov. Unfinished, from the People’s Republic of China: of China (New Shipper Review: 6/1/2010–5/31/ 10 Effective January 1, 2007, the HTSUS Final Results of 2001–2002 Administrative Review 2011), dated April 12, 2012 (GGB’s Rebuttal of subheading 8708.99.8080 is renumbered as and Partial Rescission of Review, 68 FR 70488 Preliminary Results Comments’’). 8708.99.8180; see Id. (December 18, 2003)).

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in Notice of Final Determination of surrogate country. Based on the above, States at less than NV, the Department Sales at Less Than Fair Value: Silicon we have determined that Thailand is a compared the constructed export price Carbide From the People’s Republic of significant producer of merchandise that (‘‘CEP’’) of U.S. sales to NV, as China, 59 FR 22585, 22586–7 (May 2, is comparable to the merchandise under described in the ‘‘U.S. Price’’ and 1994) (Silicon Carbide). However, if the review. ‘‘Normal Value’’ sections of this Department determines that a company With respect to data considerations in notice.18 is wholly foreign-owned or located in a selecting a surrogate country, both In Petitioner’s Preliminary Results market economy, then a separate rate Petitioner and GGB have submitted Comments, Petitioner states that the analysis is not necessary to determine publicly-available Thai data for valuing Department ‘‘intends to compare whether it is independent from FOP.14 The parties did not place data average export prices and average government control. See Notice of Final from other potential surrogate countries normal values and will grant offsets’’ in Determination of Sales at Less Than on the record. Therefore, the administrative reviews, citing the Final Fair Value: Creatine Monohydrate From Department finds that Thailand has Modification for Reviews.19 Petitioner the People’s Republic of China, 64 FR publicly-available data for valuing the states that, in the Final Modification for 71104, 71104–05 (December 20, 1999) FOP. Reviews, the Department indicated that (where the respondent was wholly Thus, the Department has there may be cases in which the foreign-owned and, thus, qualified for a preliminarily selected Thailand as the application of a different comparison separate rate). primary surrogate country because the method is more appropriate. Petitioner record shows that Thailand is at a level states that, in this case, evidence of Separate Rate Recipient of economic development comparable to price differentiation supports using GGB reported that it is wholly owned that of the PRC and is a significant average-to-transaction comparisons by a market-economy entity. Therefore, producer of merchandise comparable to without permitting offsets for all sales of consistent with the Department’s subject merchandise. Moreover, the the respondent during the POR. practice, a separate-rates analysis is not record indicates that sufficient, Specifically, Petitioner notes that it necessary to determine whether GGB’s contemporaneous, public Thai data are conducted its own targeted dumping export activities are independent from readily-available.15 Accordingly, we analysis of GGB’s U.S. sales using the government control. We have have calculated NV using Thai prices to Department’s targeted dumping preliminarily granted a separate rate to value GGB’s FOP.16 In accordance with methodology as applied in Steel Nails GGB. 19 CFR 351.301(c)(3)(ii), interested and modified in Wood Flooring.20 Based parties may submit publicly-available Surrogate Country on its analysis, Petitioner argues, the information to value the FOP until 20 Department should conduct a targeted When the Department conducts an days after the date of publication of the dumping analysis and employ average- antidumping duty new shipper review preliminary results.17 to-transaction comparisons without of imports from an NME country, Fair Value Comparisons offsets should the Department find that section 773(c)(1) of the Act directs the the record supports it. Department to base NV, in most In accordance with 19 CFR In GGB’s Rebuttal of Preliminary circumstances, on the NME producer’s 351.414(c)(1) and (d) of the Results Comments, GGB argues that the FOP valued in a surrogate market- Department’s regulations, to determine Department does not have the statutory economy country or countries whether GGB sold TRBs to the United authority to apply a targeted dumping considered appropriate by the analysis in an administrative review. Department. In accordance with section 14 See Petitioner’s Surrogate Value Submission Moreover, GGB argues that Petitioner’s 773(c)(4) of the Act, the Department will and GGB’s Surrogate Value Submission. targeting analysis is flawed. Thus, GGB value FOP using ‘‘to the extent possible, 15 Id. 16 See Memorandum regarding, ‘‘New Shipper contends the Department should use an the prices or costs of factors of Review of the Antidumping Duty Order on Tapered average-to-average comparison production in one or more market Roller Bearings and Parts Thereof, Finished and methodology or, if it does use an economy countries that are—(A) at a Unfinished from the People’s Republic of China: average-to-transaction comparison level of economic development Surrogate Value Memorandum for the Preliminary Results, dated concurrently with this notice methodology, it should not apply comparable to that of the NME country, (‘‘Surrogate Value Memorandum’’). zeroing but should grant offsets for non- and (B) significant producers of 17 In accordance with 19 CFR 351.301(c)(1), for dumped comparisons. comparable merchandise.’’ Further, the final results of this new shipper review, For purposes of these preliminary pursuant to 19 CFR 351.408(c)(2), the interested parties may submit factual information to results, the Department did not conduct Department will normally value all FOP rebut, clarify, or correct factual information submitted by an interested party less than ten days a targeted dumping analysis. In in a single country. before, on, or after, the applicable deadline for calculating the preliminary weighted- As stated previously, the Department submission of such factual information. However, the Department notes that 19 CFR 351.301(c)(1) identified Colombia, Indonesia, the 18 In these preliminary results, the Department permits new information only insofar as it rebuts, Philippines, South Africa, Thailand, applied the weighted-average dumping margin clarifies, or corrects information placed on the calculation method adopted in Antidumping and Ukraine as being at a level of record. The Department generally will not accept economic development comparable to the submission of additional, previously absent- Proceedings: Calculation of the Weighted-Average 13 from-the-record alternative surrogate value Dumping Margin and Assessment Rate in Certain the PRC. Petitioner argued that Antidumping Proceedings: Final Modification, 77 Thailand is a significant producer of information pursuant to 19 CFR 351.301(c)(1). See Glycine from the People’s Republic of China: Final FR 8101 (February 14, 2012) (‘‘Final Modification comparable merchandise, and provided Results of Antidumping Duty Administrative for Reviews’’). data from the United Nations Review and Final Rescission, in Part, 72 FR 58809 19 See Petitioner’s Preliminary Results Comments Commodity Trade Database (‘‘UN (October 17, 2007) and accompanying Issues and at 4. COMTRADE’’). No other parties Decision Memorandum at Comment 2. 20 See Petitioner’s Preliminary Results Comments Additionally, for each piece of factual information at 5, citing Certain Steel Nails from the United Arab commented on the selection of a submitted with surrogate value rebuttal comments, Emirates: Preliminary Determination of Sales at the interested party must provide a written Less than Fair Value and Postponement of Final 13 See Policy Memorandum. The Department explanation of what information that is already on Determination, 76 FR 68129 (Nov. 3, 2011) and notes that these six countries are part of a non- the record of the ongoing proceeding that the Multilayered Wood Flooring from the People’s exhaustive list of countries that are at a level of factual information is rebutting, clarifying, or Republic of China: Final Determination of Sales at economic development comparable to the PRC. correcting. Less than Fair Value, 76 FR 64318 (Oct. 18, 2011).

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average dumping margin the NME company in RMB, or on actual to calculate SVs for GGB’s FOPs (i.e., Department applied the calculation expenses.22 direct materials, energy, and packing methodology adopted in Final materials) and certain movement Normal Value Modification for Reviews. In particular, expenses. In selecting the best available the Department compared monthly Section 773(c)(1) of the Act provides information for valuing FOPs in weighted-average export prices (or that the Department shall determine the accordance with section 773(c)(1) of the constructed export prices) with monthly NV using an FOP methodology if: (1) Act, the Department’s practice is to weighted-average normal values and The merchandise is exported from an select, to the extent practicable, SVs granted offsets for non-dumped NME country; and (2) the information which are non-export average values, comparisons in the calculation of the does not permit the calculation of NV contemporaneous with, or closest in weighted average dumping margin. using home-market prices, third-country time to, the POR, product-specific, and Application of this methodology in prices, or constructed value under tax-exclusive.23 The record shows that these preliminary results affords parties section 773(e) of the Act. When Thai import statistics from the GTA are an opportunity to meaningfully determining NV in an NME context, the contemporaneous with the POR, comment on the Department’s Department will base NV on FOP, product-specific, and tax-exclusive.24 implementation of this recently adopted because the presence of government For packing materials, we used the per- methodology in the context of this controls on various aspects of these kilogram or per-cubic-meter values administrative review. The Department economies renders price comparisons obtained from the GTA and made intends to continue to consider, and the calculation of production costs adjustments to account for freight costs pursuant to 19 CFR 351.414(3)(c), invalid under our normal incurred between the PRC suppliers and whether another method is appropriate methodologies. Under section 773(c)(3) GGB and its intermediate product in this administrative review in light of of the Act, FOP include, but are not producers’ plants.25 both parties’ pre-preliminary comments limited to: (1) Hours of labor required; In those instances where we could not and any comments on the issue that (2) quantities of raw materials obtain publicly available information parties may include in their case briefs. employed; (3) amounts of energy and contemporaneous to the POR with other utilities consumed; and (4) which to value factors, we adjusted the U.S. Price representative capital costs. The SVs using, where appropriate, the Thai In accordance with section 772(b) of Department based NV on FOP reported Wholesale Price Index (‘‘WPI’’) as the Act, we based the U.S. price for by GGB for materials, energy, labor and published in the IMF’s International GGB’s sales on CEP. Section 772(b) of packing. Financial Statistics.26 the Act defines CEP as the price at On June 21, 2011, the Department Factor Valuation which the subject merchandise is first revised its methodology for valuing the sold (or agreed to be sold) in the United In accordance with section 773(c) of labor input in NME antidumping 27 States before or after the date of the Act, we calculated NV based on FOP proceedings. In Labor Methodologies, importation by or for the account of the reported by GGB for the POR. To the Department determined that the best producer or exporter of such calculate NV, the Department methodology to value the labor input is merchandise or by a seller affiliated multiplied the reported per-unit factor to use industry-specific labor rates from with the producer or exporter, to a quantities by publicly-available Thai the primary surrogate country. purchaser not affiliated with the SVs. In selecting the SVs, the Additionally, the Department producer or exporter, as adjusted under Department considered the quality, determined that the best data source for subsections (c) and (d) of section 772 of specificity, and contemporaneity of the industry-specific labor rates is Chapter the Act. Pursuant to section 772(b) of data. As appropriate, the Department 6A: Labor Cost in Manufacturing, from the International Labor Organization the Act, we used CEP for GGB’s U.S. adjusted input prices by including (ILO) Yearbook of Labor Statistics sales because the first sale to an freight costs to make them delivered (‘‘Yearbook’’). unaffiliated customer was made by prices. Specifically, the Department added to SVs based on Thai import In these preliminary results, the GGB’s U.S. affiliate. Department has calculated the labor We calculated CEP for GGB based on statistics a surrogate freight cost using the shorter of the reported distance from sales invoice prices to unaffiliated 23 See, e.g., Notice of Preliminary Determination 21 purchasers in the United States. We the domestic supplier to the of Sales at Less Than Fair Value, Negative made deductions from the U.S. sales respondent’s factory or the distance Preliminary Determination of Critical price, where applicable, for movement from the nearest seaport to the Circumstances and Postponement of Final respondent’s factory, where appropriate. Determination: Certain Frozen and Canned expenses in accordance with section Warmwater Shrimp From the Socialist Republic of 772(c)(2)(A) of the Act. In accordance This adjustment is in accordance with Vietnam, 69 FR 42672, 42682 (July 16, 2004), with section 772(d)(1) of the Act, the the decision of the Court of Appeals for unchanged in Final Determination of Sales at Less the Federal Circuit (‘‘CAFC’’) in Sigma Than Fair Value: Certain Frozen and Canned Department deducted credit expenses, Warmwater Shrimp from the Socialist Republic of inventory carrying costs and indirect Corp. v. United States, 117 F.3d 1401, Vietnam, 69 FR 71005 (December 8, 2004). selling expenses from the U.S. price, all 1407–08 (Fed. Cir. 1997). For a detailed 24 See Surrogate Value Memorandum at 2–3. of which relate to commercial activity in description of all SVs used to value 25 See Surrogate Value Memorandum at 3. the United States. In addition, pursuant GGB’s reported FOP, see Surrogate 26 See, e.g., Certain Kitchen Appliance Shelving to section 772(d)(3) of the Act, we made Value Memorandum. and Racks From the People’s Republic of China: For the preliminary results, except Preliminary Determination of Sales at Less Than an adjustment to the starting price for Fair Value and Postponement of Final CEP profit. We based movement where noted below, we used Thai Determination, 74 FR 9591, 9600 (March 5, 2009), expenses on either surrogate values import statistics as provided by the unchanged in Certain Kitchen Appliance Shelving Global Trade Atlas (‘‘GTA’’) and other and Racks From the People’s Republic of China: (‘‘SVs’’) if the expense was paid to an Final Determination of Sales at Less than Fair publicly available Thai sources in order Value, 74 FR 36656 (July 24, 2009). 21 See GGB’s submission regarding, GGB Bearing 27 See Antidumping Methodologies in Technology (Suzhou) Co., Ltd. and Stemco LP 22 For details regarding our CEP calculations, see Proceedings Involving Non-Market Economies: Section C Questionnaire Response, dated October Analysis Memorandum. See also Surrogate Value Valuing the Factor of Production: Labor, 76 FR 14, 2011, at 3. Memorandum. 36092 (June 21, 2011) (‘‘Labor Methodologies’’).

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input using the wage method described including wages, benefits, housing, which will include the results of its in Labor Methodologies. To value the training, etc. The financial statements analysis of any issues raised in written respondent’s labor input, the used to calculate the surrogate financial comments, within 90 days of the date on Department relied on data reported by ratios do not include itemized details which these preliminary results are Thailand to the ILO in Chapter 6A of the regarding the indirect labor costs issued, in accordance with 19 CFR Yearbook. Although the Department incurred. Therefore, the Department has 351.214(i)(1), unless the time limit is further finds the two-digit description not made adjustments to the surrogate extended. See 19 CFR 351.214(i)(2). under ISIC–Revision 3.1 (‘‘Manufacture financial ratios. Assessment Rates of Machinery and Equipment NEC’’) to Currency Conversion be the best available information on the Upon issuance of the final results, the record because it is specific to the We made currency conversions into Department will determine, and CBP industry being examined, and is U.S. dollars, in accordance with section shall assess, antidumping duties on all therefore derived from industries that 773A(a) of the Act, based on the appropriate entries covered by this produce comparable merchandise, exchange rates in effect on the dates of review. The Department intends to issue Thailand has not reported data specific the U.S. sales as certified by the Federal assessment instructions to CBP 15 days to the two-digit description since 2000. Reserve Bank. after the publication date of the final results of this review. If the weighted- However, Thailand did report total Preliminary Results of Review manufacturing wage data in 2005. average dumping margin is above de Accordingly, relying on Chapter 6A of The Department preliminarily minimis, we will calculate importer- (or the Yearbook, the Department determines that the following weighted- customer-) specific assessment rates for calculated the labor input using total average dumping margin exists for the the merchandise subject to this labor data reported by Thailand to the period June 1, 2010, through May 31, review.31 Given that the respondent has ILO in 2005, in accordance with section 2011: reported entered values, we will 773(c)(4) of the Act. For these calculate importer- (or customer-) Weighted- specific ad valorem rates by aggregating preliminary results, the calculated wage average rate is 136.85 baht/hour. A more Exporter/producer dumping the dumping margins calculated for all detailed description of the wage rate margin U.S. sales to each importer (or customer) calculation methodology is provided in (percent) and dividing this amount by the total the Surrogate Value Memorandum. entered value of the sales to each GGB Bearing Technology importer (or customer). Where an We used Thai transport information (Suzhou) Co., Ltd. (producer in order to value the freight-in cost of and exporter) ...... 0.00 importer- (or customer-) specific ad the raw materials. To value inland truck valorem rate is greater than de minimis, we will apply the assessment rate to the freight, we obtained data from: (1) Disclosure Consulting and Business Development entered value of the importers’/ in Southeast Asia (2005),28 and (2) The Department will disclose customers’ entries during the POR, distances from Google Maps, at http:// calculations performed for these pursuant to 19 CFR 351.212(b)(1). maps.google.com. We calculated the preliminary results to the parties within Where an importer (or customer)- per-kilometer price to transport one five days of the date of publication of specific per-unit rate is zero or de kilogram (‘‘kg’’) of merchandise from this notice in accordance with 19 CFR minimis, we will instruct CBP to Bangkok to five cities in Thailand. We 351.224(b). liquidate appropriate entries without inflated this value to a POR value.29 Public Comment regard to antidumping duties, pursuant For factory overhead, selling, general, to 19 CFR 351.106(c)(2). Interested parties may submit written and administrative (‘‘SG&A’’) expenses, comments no later than 30 days after the Cash Deposit Requirements and profit, we used the financial date of publication of these preliminary statements of NSK Bearing The following cash deposit results of review. See 19 CFR Manufacturing (Thailand) Co., Ltd. requirements will be effective upon 351.309(c). Rebuttals to written (‘‘NSK’’), JTEKT (Thailand) Co. Ltd. publication of the final results of this comments must be limited to the issues (‘‘JTEKT’’), and Koyo Joint (Thailand) new shipper review for all shipments of raised in the written comments and may Co. Ltd. (‘‘Koyo’’). We find that NSK, the subject merchandise entered, or be filed no later than five days after the JTEKT and Koyo are the best available withdrawn from warehouse, for deadline for filing case briefs. See 19 information with which to determine consumption on or after the publication CFR 351.309(d). Further, parties factory overhead as a percentage of the date, as provided for by section submitting written comments and total raw materials, labor and energy 751(a)(2)(C) of the Act: (1) For the rebuttal comments are requested to (‘‘ML&E’’) costs; SG&A expenses as a exporter listed above, the cash deposit provide the Department with an percentage of ML&E plus overhead (i.e., rate will be the rate established in the additional copy of those comments on a cost of manufacture); and the profit rate final results of this review (except, if the compact disk. Any interested party may as a percentage of the cost of rate is zero or de minimis, i.e., less than request a hearing within 30 days of manufacture plus SG&A. All three 0.5 percent, a zero cash deposit rate will publication of these preliminary results. financial statements cover a period be required for that company); (2) for See 19 CFR 351.310(c). If requested, a overlapping the POR and are thus previously investigated or reviewed PRC hearing normally will be held two days contemporaneous with the POR.30 and non-PRC exporters not listed above The ILO data from Chapter 6A of the after the scheduled date for submission that have separate rates, the cash Yearbook, which was used to value of rebuttal comments. See 19 CFR labor, reflects all costs related to labor, 351.310(d). Parties should confirm by 31 In these preliminary results, the Department telephone the date, time, and location of applied the assessment rate calculation method the hearing two days before the adopted in Final Modification for Reviews, i.e., on 28 See Petitioner’s Surrogate Value Comments at the basis of monthly average-to-average Attachment 9. scheduled date. comparisons using only the transactions associated 29 See Surrogate Value Memorandum. The Department will issue the final with that importer with offsets being provided for 30 See Surrogate Value Memorandum. results of this new shipper review, non-dumped comparisons.

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deposit rate will continue to be the Dated: May 22, 2012. Commerce, 14th Street and Constitution exporter-specific rate published for the Paul Piquado, Avenue NW., Washington, DC 20230. most recent period; (3) for all PRC Assistant Secretary for Import For information from the Commission exporters of subject merchandise that Administration. contact Mary Messer, Office of have not been found to be entitled to a [FR Doc. 2012–13241 Filed 5–31–12; 8:45 am] Investigations, U.S. International Trade separate rate, the cash deposit rate will BILLING CODE 3510–DS–P Commission at (202) 205–3193. be the PRC-wide rate of 92.84 percent; SUPPLEMENTARY INFORMATION: and (4) for all non-PRC exporters of Background subject merchandise which have not DEPARTMENT OF COMMERCE The Department’s procedures for the received their own rate, the cash deposit International Trade Administration rate will be the rate applicable to the conduct of Sunset Reviews are set forth in its Procedures for Conducting Five- PRC exporter(s) that supplied that non- Initiation of Five-Year (‘‘Sunset’’) Year (‘‘Sunset’’) Reviews of PRC exporter. These deposit Review requirements, when imposed, shall Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) remain in effect until further notice. AGENCY: Import Administration, International Trade Administration, and 70 FR 62061 (October 28, 2005). Notification to Interested Parties Department of Commerce. Guidance on methodological or analytical issues relevant to the This notice serves as a reminder to SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as Department’s conduct of Sunset importers of their responsibility under Reviews is set forth in the Department’s 19 CFR 351.402(f)(2) to file a certificate amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is Policy Bulletin 98.3—Policies Regarding regarding the reimbursement of automatically initiating a five-year the Conduct of Five-Year (‘‘Sunset’’) antidumping duties prior to liquidation review (‘‘Sunset Review’’) of the Reviews of Antidumping and of the relevant entries during this POR. antidumping duty order listed below. Countervailing Duty Orders: Policy Failure to comply with this requirement The International Trade Commission Bulletin, 63 FR 18871 (April 16, 1998), could result in the Secretary’s (‘‘the Commission’’) is publishing and in Antidumping Proceedings: presumption that reimbursement of concurrently with this notice its notice Calculation of the Weighted-Average antidumping duties occurred and the of Institution of Five-Year Review which Dumping Margin and Assessment Rate subsequent assessment of double covers the same orders. in Certain Antidumping Duty antidumping duties. Proceedings; Final Modification, 77 FR DATES: Effective Date: June 1, 2012. 8101 (February 14, 2012). The Department is issuing and FOR FURTHER INFORMATION CONTACT: The publishing this determination in Department official identified in the Initiation of Review accordance with sections 751(a)(2)(B) Initiation of Review section below at In accordance with 19 CFR and 777(i) of the Act, and 19 CFR AD/CVD Operations, Import 351.218(c), we are initiating the Sunset 351.214(h) and 351.221(b)(4). Administration, International Trade Review of the following antidumping Administration, U.S. Department of duty order:

DOC Case No. ITC Case No. Country Product Department contact

A–823–810 ... 731–TA–894 Ukraine ...... Solid Agricultural Grade Ammonium Nitrate David Goldberger, (202) 482–4136. (2nd Review).

Filing Information Act. Parties are hereby reminded that with the revised certification revised certification requirements are in requirements. As a courtesy, we are making information related to Sunset effect for company/government officials Pursuant to 19 CFR 351.103(d), the proceedings, including copies of the as well as their representatives in all Department will maintain and make pertinent statue and Department’s AD/CVD investigations or proceedings available a service list for these regulations, the Department schedule initiated on or after March 14, 2011. See proceedings. To facilitate the timely for Sunset Reviews, a listing of past Certification of Factual Information to preparation of the service list(s), it is revocations and continuations, and Import Administration During requested that those seeking recognition current service lists, available to the Antidumping and Countervailing Duty as interested parties to a proceeding public on the Department’s Internet Proceedings: Interim Final Rule, 76 FR contact the Department in writing Web site at the following address: 7491 (February 10, 2011) (‘‘Interim Final within 10 days of the publication of the ‘‘http://ia.ita.doc.gov/sunset/.’’ All Rule’’) amending 19 CFR 351.303(g)(1) Notice of Initiation. submissions in these Sunset Reviews and (2) and supplemented by Because deadlines in Sunset Reviews must be filed in accordance with the Certification of Factual Information To can be very short, we urge interested Department’s regulations regarding Import Administration During parties to apply for access to proprietary format, translation, and service of Antidumping and Countervailing Duty information under administrative documents. These rules can be found at Proceedings: Supplemental Interim protective order (‘‘APO’’) immediately 19 CFR 351.303. Final Rule, 76 FR 54697 (September 2, following publication in the Federal This notice serves as a reminder that 2011). The formats for the revised Register of this notice of initiation by any party submitting factual information certifications are provided at the end of filing a notice of intent to participate. in an AD/CVD proceeding must certify the Interim Final Rule. The Department The Department’s regulations on to the accuracy and completeness of that intends to reject factual submissions if submission of proprietary information information. See section 782(b) of the the submitting party does not comply and eligibility to receive access to

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business proprietary information under Dated: May 18, 2012. interested in commenting on respondent APO can be found at 19 CFR 351.304– Christian Marsh, selection to submit their APO 306. Deputy Assistant Secretary for Antidumping applications on the date of publication and Countervailing Duty Operations. of the initiation notice, or as soon Information Required From Interested [FR Doc. 2012–13386 Filed 5–31–12; 8:45 am] thereafter as possible. The Department Parties BILLING CODE 3510–DS–P invites comments regarding the CBP Domestic interested parties defined in data and respondent selection within section 771(9)(C), (D), (E), (F), and (G) of five days of placement of the CBP data DEPARTMENT OF COMMERCE the Act and 19 CFR 351.102(b) wishing on the record of the review. to participate in a Sunset Review must International Trade Administration In the event the Department decides respond not later than 15 days after the it is necessary to limit individual date of publication in the Federal Antidumping or Countervailing Duty examination of respondents and Register of this notice of initiation by Order, Finding, or Suspended conduct respondent selection under filing a notice of intent to participate. Investigation; Opportunity To Request section 777A(c)(2) of the Act: Administrative Review The required contents of the notice of In general, the Department has found intent to participate are set forth at AGENCY: Import Administration, that determinations concerning whether 19 CFR 351.218(d)(1)(ii). In accordance International Trade Administration, particular companies should be with the Department’s regulations, if we Department of Commerce. ‘‘collapsed’’ (i.e., treated as a single do not receive a notice of intent to FOR FURTHER INFORMATION CONTACT: entity for purposes of calculating participate from at least one domestic Brenda E. Waters, Office of AD/CVD antidumping duty rates) require a interested party by the 15-day deadline, Operations, Customs Unit, Import substantial amount of detailed the Department will automatically Administration, International Trade information and analysis, which often revoke the order without further review. Administration, U.S. Department of require follow-up questions and See 19 CFR 351.218(d)(1)(iii). Commerce, 14th Street and Constitution analysis. Accordingly, the Department If we receive an order-specific notice Avenue NW., Washington, DC 20230, will not conduct collapsing analyses at of intent to participate from a domestic telephone: (202) 482–4735. the respondent selection phase of this interested party, the Department’s Background review and will not collapse companies regulations provide that all parties at the respondent selection phase unless wishing to participate in the Sunset Each year during the anniversary there has been a determination to Review must file complete substantive month of the publication of an collapse certain companies in a antidumping or countervailing duty responses not later than 30 days after previous segment of this antidumping order, finding, or suspended the date of publication in the Federal proceeding (i.e., investigation, investigation, an interested party, as Register of this notice of initiation. The administrative review, new shipper defined in section 771(9) of the Tariff required contents of a substantive Act of 1930, as amended (‘‘the Act’’), review or changed circumstances response, on an order-specific basis, are may request, in accordance with 19 CFR review). For any company subject to this set forth at 19 CFR 351.218(d)(3). Note 351.213, that the Department of review, if the Department determined, that certain information requirements Commerce (‘‘the Department’’) conduct or continued to treat, that company as differ for respondent and domestic an administrative review of that collapsed with others, the Department parties. Also, note that the Department’s antidumping or countervailing duty will assume that such companies information requirements are distinct order, finding, or suspended continue to operate in the same manner from the Commission’s information investigation. and will collapse them for respondent requirements. Please consult the All deadlines for the submission of selection purposes. Otherwise, the Department’s regulations for comments or actions by the Department Department will not-collapse companies information regarding the Department’s discussed below refer to the number of for purposes of respondent selection. conduct of Sunset Reviews.1 Please calendar days from the applicable Parties are requested to (a) identify consult the Department’s regulations at starting date. which companies subject to review 19 CFR Part 351 for definitions of terms Respondent Selection previously were collapsed, and (b) and for other general information provide a citation to the proceeding in concerning antidumping and In the event the Department limits the which they were collapsed. Further, if countervailing duty proceedings at the number of respondents for individual companies are requested to complete Department. examination for administrative reviews the Quantity and Value Questionnaire initiated pursuant to requests made for for purposes of respondent selection, in This notice of initiation is being the orders identified below, the general each company must report published in accordance with section Department intends to select volume and value data separately for 751(c) of the Act and 19 CFR 351.218 respondents based on U.S. Customs and itself. Parties should not include data (c). Border Protection (‘‘CBP’’) data for U.S. imports during the period of review. We for any other party, even if they believe they should be treated as a single entity 1 In comments made on the interim final sunset intend to release the CBP data under regulations, a number of parties stated that the Administrative Protective Order with that other party. If a company was proposed five-day period for rebuttals to (‘‘APO’’) to all parties having an APO collapsed with another company or substantive responses to a notice of initiation was within five days of publication of the companies in the most recently insufficient. This requirement was retained in the initiation notice and to make our completed segment of this proceeding final sunset regulations at 19 CFR 351.218(d)(4). As where the Department considered provided in 19 CFR 351.302(b), however, the decision regarding respondent selection Department will consider individual requests to within 21 days of publication of the collapsing that entity, complete quantity extend that five-day deadline based upon a showing initiation Federal Register notice. and value data for that collapsed entity of good cause. Therefore, we encourage all parties must be submitted.

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Deadline for Withdrawal of Request for deadline, interested parties are advised ‘‘Opportunity to Request Administrative Administrative Review that, with regard to reviews requested Review’’ notices, so that interested on the basis of anniversary months on parties will be aware of the manner in Pursuant to 19 CFR 351.213(d)(1), a or after June 2012, the Department does which the Department intends to party that has requested a review may not intend to extend the 90-day exercise its discretion in the future. withdraw that request within 90 days of deadline unless the requestor the date of publication of the notice of Opportunity to Request A Review: demonstrates that an extraordinary 1 initiation of the requested review. The circumstance has prevented it from Not later than the last day of June 2012, regulation provides that the Department submitting a timely withdrawal request. interested parties may request may extend this time if it is reasonable Determinations by the Department to administrative review of the following to do so. In order to provide parties extend the 90-day deadline will be orders, findings, or suspended additional certainty with respect to made on a case-by-case basis. investigations, with anniversary dates in when the Department will exercise its The Department is providing this June for the following periods: discretion to extend this 90-day notice on its Web site, as well as in its

Period of review

Antidumping Duty Proceedings

Japan: Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Over 41⁄2 inches) A–588–850 ...... 6/1/11–5/31/12 Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under 41⁄2 inches) A–588–851 ...... 6/1/11–5/31/12 Spain: Chlorinated Isocyanurates A–469–814 ...... 6/1/11–5/31/12 Taiwan: Helical Spring Lock Washers A–583–820 ...... 6/1/11–5/31/12 The People’s Republic of China: Artist Canvas A–570–899 ...... 6/1/11–5/31/12 Chlorinated Isocyanurates A–570–898 ...... 6/1/11–5/31/12 Folding Metal Tables and Chairs A–570–868 ...... 6/1/11–5/31/12 Furfuryl Alcohol A–570–835 ...... 6/1/11–5/31/12 Polyester Staple Fiber A–570–905 ...... 6/1/11–5/31/12 Prestressed Concrete Steel Wire Strand A–570–945 ...... 6/1/11–5/31/12 Silicon Metal A–570–806 ...... 6/1/11–5/31/12 Tapered Roller Bearings A–570–601 ...... 6/1/11–5/31/12

Countervailing Duty Proceedings

None.

Suspension Agreements

None.

In accordance with 19 CFR country of origin and each country of reasonable, pursuant to 19 CFR 351.213(b), an interested party as origin is subject to a separate order, then 351.303(f)(3)(ii). defined by section 771(9) of the Act may the interested party must state As explained in Antidumping and request in writing that the Secretary specifically, on an order-by-order basis, Countervailing Duty Proceedings: conduct an administrative review. For which exporter(s) the request is Assessment of Antidumping Duties, 68 both antidumping and countervailing intended to cover. FR 23954 (May 6, 2003), the Department duty reviews, the interested party must Please note that, for any party the has clarified its practice with respect to specify the individual producers or the collection of final antidumping Department was unable to locate in exporters covered by an antidumping duties on imports of merchandise where prior segments, the Department will not finding or an antidumping or intermediate firms are involved. The accept a request for an administrative countervailing duty order or suspension public should be aware of this agreement for which it is requesting a review of that party absent new clarification in determining whether to review. In addition, a domestic information as to the party’s location. request an administrative review of interested party or an interested party Moreover, if the interested party who merchandise subject to antidumping described in section 771(9)(B) of the Act files a request for review is unable to findings and orders. See also the Import must state why it desires the Secretary locate the producer or exporter for Administration Web site at http:// to review those particular producers or which it requested the review, the ia.ita.doc.gov. exporters.2 If the interested party interested party must provide an All requests must be filed intends for the Secretary to review sales explanation of the attempts it made to electronically in Import of merchandise by an exporter (or a locate the producer or exporter at the Administration’s Antidumping and producer if that producer also exports same time it files its request for review, Countervailing Duty Centralized merchandise from other suppliers) in order for the Secretary to determine Electronic Service System (‘‘IA which were produced in more than one if the interested party’s attempts were ACCESS’’) on the IA ACCESS Web site

1 Or the next business day, if the deadline falls 2 If the review request involves a non-market market economy country who do not have a on a weekend, federal holiday or any other day economy and the parties subject to the review separate rate will be covered by the review as part when the Department is closed. request do not qualify for separate rates, all other of the single entity of which the named firms are exporters of subject merchandise from the non- a part.

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at http://iaaccess.trade.gov. See For the first administrative review of Background Antidumping and Countervailing Duty any order, there will be no assessment Proceedings: Electronic Filing of antidumping or countervailing duties Every five years, pursuant to section Procedures; Administrative Protective on entries of subject merchandise 751(c) of the Tariff Act of 1930, as Order Procedures, 76 FR 39263, (July 6, entered, or withdrawn from warehouse, amended (‘‘the Act’’), the Department of 2011). Further, in accordance with 19 for consumption during the relevant Commerce (‘‘the Department’’) and the CFR 351.303(f)(l)(i), a copy of each provisional-measures ‘‘gap’’ period, of International Trade Commission request must be served on the petitioner the order, if such a gap period is automatically initiate and conduct a and each exporter or producer specified applicable to the period of review. review to determine whether revocation in the request. This notice is not required by statute of a countervailing or antidumping duty The Department will publish in the but is published as a service to the order or termination of an investigation Federal Register a notice of ‘‘Initiation international trading community. suspended under section 704 or 734 of of Administrative Review of the Act would be likely to lead to Antidumping or Countervailing Duty Dated: May 18, 2012. Christian Marsh, continuation or recurrence of dumping Order, Finding, or Suspended or a countervailable subsidy (as the case Investigation’’ for requests received by Deputy Assistant Secretary for Antidumping may be) and of material injury. the last day of June 2012. If the and Countervailing Duty Operations. Department does not receive, by the last [FR Doc. 2012–13363 Filed 5–31–12; 8:45 am] Upcoming Sunset Reviews for July 2012 day of June 2012, a request for review BILLING CODE 3510–DS–P of entries covered by an order, finding, The following Sunset Review is or suspended investigation listed in this scheduled for initiation in July 2012 and notice and for the period identified DEPARTMENT OF COMMERCE will appear in that month’s Notice of above, the Department will instruct CBP Initiation of Five-Year Sunset Review. International Trade Administration to assess antidumping or countervailing duties on those entries at a rate equal to Antidumping or Countervailing Duty the cash deposit of (or bond for) Order, Finding, or Suspended estimated antidumping or Investigation; Advance Notification of countervailing duties required on those Sunset Reviews entries at the time of entry, or withdrawal from warehouse, for AGENCY: Import Administration, consumption and to continue to collect International Trade Administration, the cash deposit previously ordered. Department of Commerce.

Department contact

Antidumping Duty Proceedings

Honey from Argentina (A–357–812) (2nd Review) ...... Jennifer Moats, (202) 482–5047. Steel Concrete Reinforcing Bars from Belarus (A–822–804) (2nd Review) ...... David Goldberger, (202) 482–4136. Honey from China (A–570–863) (2nd Review) ...... Jennifer Moats, (202) 482–5047. Steel Concrete Reinforcing Bars from China (A–570–860) (2nd Review) ...... David Goldberger, (202) 482–4136. Steel Concrete Reinforcing Bars from Indonesia (A–560–811) (2nd Review) ...... David Goldberger, (202) 482–4136. Steel Concrete Reinforcing Bars from Latvia (A–499–804) (2nd Review) ...... David Goldberger, (202) 482–4136. Steel Concrete Reinforcing Bars from Moldova (A–841–804) (2nd Review) ...... David Goldberger, (202) 482–4136. Steel Concrete Reinforcing Bars from Poland (A–455–803) (2nd Review) ...... David Goldberger, (202) 482–4136. Steel Concrete Reinforcing Bars from Ukraine (A–823–809) (2nd Review) ...... David Goldberger, (202) 482–4136.

Countervailing Duty Proceedings

Honey from Argentina (A–357–813) (2nd Review) ...... Dana Mermelstein, (202) 482–1391.

Suspended Investigations

No Sunset Review of suspended investigations is scheduled for initiation in July 2012.

The Department’s procedures for the what is required of all parties to from a member of the domestic industry conduct of Sunset Reviews are set forth participate in Sunset Reviews. within 15 days of the date of initiation, in 19 CFR 351.218. Guidance on Pursuant to 19 CFR 351.103(c), the the review will continue. Thereafter, methodological or analytical issues Department will maintain and make any interested party wishing to relevant to the Department’s conduct of available a service list for these participate in the Sunset Review must Sunset Reviews is set forth in the proceedings. To facilitate the timely provide substantive comments in Department’s Policy Bulletin 98.3— preparation of the service list(s), it is response to the notice of initiation no Policies Regarding the Conduct of Five- requested that those seeking recognition later than 30 days after the date of year (‘‘Sunset’’) Reviews of as interested parties to a proceeding initiation. Antidumping and Countervailing Duty contact the Department in writing This notice is not required by statute Orders; Policy Bulletin, 63 FR 18871 within 10 days of the publication of the but is published as a service to the (April 16, 1998). The Notice of Initiation Notice of Initiation. international trading community. of Five-Year (‘‘Sunset’’) Reviews Please note that if the Department provides further information regarding receives a Notice of Intent To Participate

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Dated: May 18, 2012. [email protected]. This Copies of RE&EEAC meeting minutes Christian Marsh, meeting is physically accessible to will be available within 30 days of the Deputy Assistant Secretary for Antidumping people with disabilities. Requests for meeting. and Countervailing Duty Operations. auxiliary aids should be directed to Edward A. O’Malley, [FR Doc. 2012–13383 Filed 5–31–12; 8:45 am] OEEI at (202) 482–3889. Director, Office of Energy and Environmental BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: Industries. Background: The Secretary of [FR Doc. 2012–13359 Filed 5–31–12; 8:45 am] DEPARTMENT OF COMMERCE Commerce established the RE&EEAC BILLING CODE 3510–DR–P pursuant to his discretionary authority International Trade Administration and in accordance with the Federal DEPARTMENT OF COMMERCE Renewable Energy and Energy Advisory Committee Act (5 U.S.C. App.) Efficiency Advisory Committee on July 14, 2010. The RE&EEAC International Trade Administration provides the Secretary of Commerce AGENCY: International Trade with consensus advice from the private [A–523–801] Administration, U.S. Department of sector on the development and Commerce. Circular Welded Carbon-Quality Steel administration of programs and policies Pipe From the Sultanate of Oman: ACTION: Notice of an Open Meeting. to enhance the international Preliminary Determination of Sales at SUMMARY: The Renewable Energy and competitiveness of the U.S. renewable Less Than Fair Value and Energy Efficiency Advisory Committee energy and energy efficiency industries. Postponement of Final Determination (RE&EEAC) will hold a meeting to The RE&EEAC held its first meeting on AGENCY: Import Administration, deliver a letter and 11 recommendations December 7, 2010 and several International Trade Administration, to the Under Secretary of International subsequent meetings to date. Department of Commerce. Trade at the U.S. Department of The meeting is open to the public and DATES: Effective Date: June 1, 2012. Commerce and other U.S. Government the room is disabled-accessible. Public officials. The letter voices the seating is limited and available on a SUMMARY: The Department of Commerce Committee’s support for the first-come, first-served basis. Members (the Department) preliminarily International Trade Administration of the public wishing to attend the determines that circular welded carbon- FY2013 budget and suggests items to meeting must notify Jennifer Derstine at quality steel pipe (certain steel pipe) from the Sultanate of Oman (Oman) is consider during the proposed the contact information above by 5 p.m. being, or is likely to be, sold in the reorganization of the U.S. government EDT on Friday, June 8, in order to pre- United States at less than fair value, as trade agencies. The recommendations register for clearance into the building. provided in section 733(b) of the Tariff concern the development and Please specify any request for administration of programs and policies Act of 1930, as amended (the Act). The reasonable accommodation at least five to enhance the competitiveness of the estimated dumping margins are listed in business days in advance of the U.S. renewable energy and energy the ‘‘Suspension of Liquidation’’ section efficiency industries, including specific meeting. Last minute requests will be of this notice. Interested parties are challenges associated with exporting. accepted, but may be impossible to fill. invited to comment on this preliminary The recommendations focus on four A limited amount of time, from 12 p.m. determination. main areas: addressing local content until 12:30 p.m., will be available for Pursuant to requests from interested requirements, increasing access to pertinent brief oral comments from parties, we are postponing for 60 days sources of new capital for investment in members of the public attending the the final determination and extending the U.S. renewable energy and energy meeting. provisional measures from a four-month efficiency sectors, increasing the speed Any member of the public may period to not more than six months. of the Overseas Private Investment submit pertinent written comments Accordingly, we will make our final Corporation’s decision-making process concerning the RE&EEAC’s affairs at any determination not later than 135 days and boosting public awareness of the time before or after the meeting. after publication of the preliminary resulting benefits to U.S. employment, Comments may be submitted to determination. and improving finance options [email protected] or to the FOR FURTHER INFORMATION CONTACT: John pertaining to shipping by U.S. Renewable Energy and Energy Drury or Ericka Ukrow, AD/CVD renewable energy exporters. The Efficiency Advisory Committee, Office Operations, Office 7, Import Committee will also provide feedback of Energy and Environmental Industries Administration, International Trade on their committee activities, which the (OEEI), International Trade Administration, U.S. Department of Department may use in the committee Administration, Room 4053; 1401 Commerce, 14th Street and Constitution rechartering process for 2012–2014. Constitution Avenue NW., Washington, Avenue NW., Washington, DC 20230; DATES: June 14, 2012, from 9:30 a.m. to DC 20230. To be considered during the telephone: (202) 482–0195 or (202) 482– 4:30 p.m. Eastern Daylight Time (EDT). meeting, comments must be received no 0405, respectively. ADDRESSES: The meeting will be held at later than 5 p.m. EDT on Friday, June SUPPLEMENTARY INFORMATION: the U.S. Department of Commerce, 8, 2012, to ensure transmission to the Room 4830, 1401 Constitution Avenue Background Committee prior to the meeting. NW., Washington, DC 20230. Comments received after that date will On October 26, 2011, the Department FOR FURTHER INFORMATION CONTACT: received properly filed petitions be distributed to the members but may Jennifer Derstine, Office of Energy and concerning imports of certain steel pipe not be considered at the meeting. Environmental Industries (OEEI), from India, Oman, the United Arab International Trade Administration, Emirates (UAE), and the Socialist U.S. Department of Commerce at (202) Republic of Vietnam (Vietnam) on 482–3889; email: behalf of Allied Tube and Conduit, JMC

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Steel Group, Wheatland Tube Company antidumping and countervailing duty pursuant to section 733(c)(1)(A) of the (Wheatland Tube), and United States investigations involving the UAE.8 We Act and 19 CFR 351.205(e) for a Steel Corporation (collectively, received no rebuttal comments postponement of the preliminary petitioners).1 concerning product characteristics from determination. On March 8, 2012, the On November 15, 2011, the interested parties. After reviewing all Department initiated a sales-below-cost Department initiated the antidumping comments, we have adopted the product of production investigation with respect duty investigation on certain steel pipe characteristics and hierarchy as to Al Jazeera.14 Accordingly, the from India, Oman, the UAE, and explained in the ‘‘Product Department requested Al Jazeera to Vietnam.2 The Department set aside a Comparisons’’ section of this notice, respond to section D (i.e., the section period of time for parties to raise issues below. covering the cost of production (COP) regarding product coverage and invited On December 16, 2011, the United and constructed value (CV)) of the all parties to submit comments within States International Trade Commission Department’s antidumping duty 20 calendar days of publication of the (ITC) published its affirmative questionnaire. Initiation Notice.3 The Department also preliminary determination that there is On March 16, 2012, the Department set aside a time for parties to comment a reasonable indication that imports of postponed the preliminary on product characteristics for use in the certain steel pipe from India, Oman, the determination of this investigation until antidumping duty questionnaire.4 Since UAE, and Vietnam are materially May 23, 2012.15 On March 19, 2012, the the Initiation Notice, the following injuring the U.S. industry, and the ITC Department issued its first supplemental events have occurred. notified the Department of its finding.9 questionnaire concerning Al Jazeera’s On November 22, 2011, the On December 21, 2011, the section A–C responses.16 Department notified all interested Department selected Al Jazeera Steel On April 3, 2012, petitioner parties of its intent to select mandatory Products Co. SAOG (Al Jazeera) as the Wheatland Tube filed an allegation that respondents for this investigation based mandatory respondent in this targeted dumping was occurring with on U.S. import data obtained from U.S. investigation and issued the respect to certain steel pipe produced Customs and Border Protection (CBP) Department’s antidumping duty and exported from Oman by Al Jazeera. and set aside a period of time for parties questionnaire to this respondent on See the ‘‘Allegation of Targeted to comment on the potential respondent December 22, 2011.10 Dumping’’ section below. Al Jazeera submitted its responses to selection. Parties were invited to submit Al Jazeera submitted its response to the Department’s first supplemental comments within five calendar days section A of the Department’s 5 questionnaire (FSQR) and its section D from the date of that memorandum. antidumping duty questionnaire on On December 5, 2011, we received questionnaire (DQR) on April 9, 2012.17 January 26, 2012, which was rejected by scope comments from SeAH Steel Vina Petitioners Allied Tube and Conduit the Department due to a filing error. It Corp. (SeAH VINA), a producer in the and the JMC Steel Group submitted was resubmitted on March 6, 2012.11 On companion antidumping and comments on Al Jazeera’s DQR on April February 9, 2012, Al Jazeera filed its countervailing duty investigations 11, 2012.18 Additionally, on April 12, involving Vietnam.6 We received responses to sections B (i.e., the section 2012, Al Jazeera filed comments rebuttal comments regarding the scope covering comparison market sales, BQR) concerning petitioner Wheatland Tube’s of the investigation from petitioners on and C (i.e., the section covering U.S. targeted dumping allegation.19 7 sales, CQR) of the Department’s On April 18, 2012, the Department December 14, 2011. After reviewing all 12 comments, we have adopted the ‘‘Scope antidumping duty questionnaire. issued a second supplemental of Investigation’’ section of this notice, On February 17, 2012, the Department questionnaire covering Al Jazeera’s below. On December 9, 2011, we received an allegation from petitioners section A–C first supplemental received comments regarding physical that home market sales made by Al response.20 On April 30, 2012, the product characteristics from a producer Jazeera were made at prices below the Department issued a supplemental 13 named Universal Tube and Plastics cost of production. On February 29, questionnaire covering Al Jazeera’s Industries, Ltd. (UTP) and its U.S. 2012, petitioners made a timely request section D response.21 On May 4, 2012, affiliate, Prime Metal Corporation USA we received the second supplemental 8 See Letter from Prime Metal Corporation USA (Prime Metal) in the companion and Universal Tube Plastic Industries, Ltd. to the Department, dated December 9, 2011 (Product 14 See Memorandum to Richard O. Weible, 1 See Circular Welded Carbon-Quality Steel Pipe Characteristics Letter). Director, Office 7, titled, ‘‘The Petitioners’ from India, Oman, the UAE, and Vietnam: 9 See Circular Welded Carbon-Quality Steel Pipe Allegation of Sales Below the Cost of Production for Antidumping and Countervailing Duty Petitions, from India, Oman, the United Arab Emirates, and Al Jazeera Steel Products Co. SAOG,’’ from the October 26, 2011 (hereinafter, the Petitions). Vietnam, Investigation Nos. 701–TA–482–485 and Team (Al Jazeera Cost Initiation Memo), dated 2 See Circular Welded Carbon-Quality Steel Pipe 731–TA–1191–1194 (Preliminary), 76 FR 78313 March 8, 2012. From India, the Sultanate of Oman, the United (December 16, 2011). 15 See Circular Welded Carbon-Quality Steel Pipe Arab Emirates, and the Socialist Republic of 10 See Memorandum to Christian Marsh, Deputy From India, the Sultanate of Oman, the United Vietnam: Initiation of Antidumping Duty Assistant Secretary for Antidumping and Arab Emirates, and the Socialist Republic of Investigations, 76 FR 72164 (November 22, 2011) Countervailing Duty Operations, from Richard O. Vietnam: Postponement of Preliminary (Initiation Notice). Weible, Director, Office 7, titled ‘‘Circular Welded Determinations of Antidumping Duty 3 See Initiation Notice, 76 FR at 72164; see also Carbon-Quality Steel Pipe from the Sultanate of Investigations, 77 FR 15718 (March 16, 2012). Antidumping Duties; Countervailing Duties, Final Oman (Oman): Respondent Selection 16 See Letter from the Department Al Jazeera, Rule, 62 FR 27296, 27323 (May 19, 1997) Memorandum,’’ dated December 21, 2011. dated March 19, 2012. (Preamble). 11 See Memorandum to The File, from John K. 17 See Letter from Al Jazeera to the Department, 4 See Initiation Notice, 76 FR at 72164–65; see Drury, International Trade Compliance Analyst, dated April 9, 2012. also Preamble, 62 FR at 27323. Office 7, titled ‘‘Antidumping Duty Investigation on 18 See Letter from Allied Tube and Conduit and 5 See Memorandum from Angelica Mendoza, Circular Welded Carbon-Quality Steel Pipe from the the JMC Steel Group to the Department, dated April Program Manager, to All Interested Parties, dated Sultanate of Oman: Rejection of Submission,’’ dated 11, 2012. November 22, 2011. March 7, 2012. 19 See Letter from Al Jazeera to the Department, 6 See Letter from SeAH VINA to the Department, 12 See Letter from Al Jazeera to the Department, dated April 12, 2012. dated December 5, 2011 (Scope Comments Letter). dated February 9, 2012. 20 See Letter from the Department to Al Jazeera, 7 See Letter from petitioners to the Department, 13 See Letter from Allied Tube and Conduit and dated April 18, 2012. dated December 14, 2011 (Scope Rebuttal JMC Steel Group to the Department (Below Cost 21 See Letter from the Department to Al Jazeera, Comments Letter). Allegation Letter) at 1–7, dated February 17, 2012. dated April 30, 2012.

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response (SSQR) and revised home cases; and (ii) the distinction between Canada, 51 FR 21783, (June 16, 1986) market and U.S. sales databases from Al standard and line pipe reflected in the (describing subject merchandise as Jazeera.22 A revised cost database was Brazil, Korean, and Mexican orders being ‘‘intended for use in drilling for submitted by Al Jazeera on May 9, derives from customs classifications oil and gas’’), with Certain Oil Country 2012.23 On May 15, 2012, we received administered by CBP and, thus, is more Tubular Goods From the People’s comments from petitioners regarding administrable.28 Republic of China: Amended Final the information submitted by Al Jazeera On December 14, 2011, Allied Tube Affirmative Countervailing Duty in response to the Department’s and Conduit, JMC Steel Group, and Determination and Countervailing Duty antidumping duty questionnaire.24 We Wheatland Tube (collectively, certain Order, 75 FR 3203–04 (January 20, 2010) received the supplemental cost (i.e., petitioners), responded to SeAH VINA’s (describing the subject merchandise in section D) response (SDQR) from Al comments stating that the scope as it terms of physical characteristics without Jazeera on May 21, 2012, as well as an appeared in the Initiation Notice regard to use or intended use). Finally, updated cost database.25 reflected petitioners’ intended coverage. certain petitioners have indicated that More specifically, certain petitioners the domestic industry’s intent is to Period of Investigation contend that pipe that is multi-stenciled include multi-stenciled products that The period of investigation (POI) is to both line pipe and standard pipe otherwise meet the physical October 1, 2010, to September 30, 2011. specifications and meets the physical characteristics set out in the scope.31 This period corresponds to the four characteristics listed in the scope (i.e., is Therefore, for the reasons provided, the most recent fiscal quarters prior to the 32 feet in length or less; is less than 2.0 Department is not adopting SeAH month of the filing of the petition. See inches (50mm) in outside diameter; has VINA’s proposed modification of the 19 CFR 351.204(b)(1). a galvanized and/or painted (e.g., scope. Scope of Investigation polyester coated) surface finish; or has a threaded and/or coupled end finish) is Product Comparisons The products covered by this ordinarily used in standard pipe We have considered the comments investigation are circular welded applications.29 Certain petitioners state that were submitted by the interested carbon-quality steel pipe from Oman. that, in recent years, the Department has parties concerning product-comparison For a full description of the scope of the rejected end-use scope classifications, criteria. The Department established the investigation, as set forth in the preferring instead to rely on physical appropriate product characteristics to Initiation Notice, see the ‘‘Scope of the characteristics to define coverage, and use as a basis for defining models and, Investigation’’ in Appendix I of this the scope of these investigations has when necessary, for comparing similar notice. been written accordingly.30 Therefore, models, for this and the concurrent Scope Comments certain petitioners ask the Department antidumping duty investigations of to reject SeAH VINA’s proposed scope certain steel pipe from the UAE and As noted above, on December 5, 2011, modification. Vietnam.32 The comments raised SeAH VINA, a mandatory respondent in We agree with certain petitioners that regarding product comparisons are the concurrent AD and CVD the Department seeks to define the being addressed in all four of the investigations of certain steel pipe from scopes of its proceedings based on the concurrent antidumping duty Vietnam, filed comments arguing that physical characteristics of the investigations. the treatment of double and triple merchandise. See Notice of Final The Department identified five stenciled pipe in the scope of these Determination of Sales at Less Than criteria for matching U.S. sales of investigations differs from previous Fair Value and Affirmative Final subject merchandise to normal value treatment of these products under other Determination of Critical (specification/grade, diameter, wall 26 orders on circular welded pipe. Circumstances: Circular Welded Carbon thickness, coating, and end finish) and, Specifically, SeAH VINA claims that the Quality Steel Pipe from the People’s as noted above, gave parties to this and Brazilian, Korean, and Mexican orders Republic of China, 73 FR 31970 (June 5, the concurrent AD investigations an on these products exclude ‘‘Standard 2008), and accompanying Issues and opportunity to comment within a pipe that is dual or triple certified/ Decision Memorandum at Comment 1. certain deadline.33 The only timely stenciled that enters the U.S. as line Moreover, we disagree with SeAH comments submitted were from UTP pipe of a kind used for oil and gas and its U.S. affiliate, Prime Metal. UTP 27 VINA’s contention that once a ‘‘class or pipelines * * *’’ According to SeAH kind of merchandise’’ has been and Prime Metal requested that the VINA: (i) If the term ‘‘class or kind of established that the same scope placement of the coating characteristic merchandise’’ has meaning, it cannot description must apply across all in the model match hierarchy be have a different meaning when applied proceedings involving the product. For adjusted from that proposed by the to the same products in two different example, as the Department has gained Department, so that it would be the experience in administering highest in the hierarchy.34 UTP and 22 See Letter from Al Jazeera to the Department, dated May 4, 2012. antidumping duty and countervailing Prime Metal argued that the coating 23 See Letter from Al Jazeera to the Department, duty orders, it has shifted away from characteristic should be highest in the dated May 9, 2012. end use classifications to scopes defined hierarchy of product characteristics 24 See Letter from Allied Tube and Conduit and by the physical characteristics. Id. Thus, because significant cost and price the JMC Steel Group to the Department, dated May proceedings initiated on a given product differences are associated with whether 15, 2012. or not pipes are coated with zinc 25 See Letter from Al Jazeera to the Department, many years ago may have end use dated May 21, 2012. classifications while more recent 26 See Scope Comments Letter at pages 1–4. proceedings on the product would not. 31 Id. at 6. 27 Id. at 2. See also Certain Circular Welded Non- Compare, e.g., Countervailing Duty 32 The Department did not perform a product- Alloy Steel Pipe from Brazil, the Republic of Korea, Order: Oil Country Tubular Goods from specific comparisons analysis for the investigation and Taiwan; and Certain Circular Welded Carbon of certain steel pipe from India as the Department Steel Pipes and Tubes From Taiwan: Final Results relied on Facts Available to determine the margin. of the Expedited Third Sunset Reviews of the 28 See Scope Comments Letter at page 3. 33 See Initiation Notice, 76 FR at 72164. Antidumping Duty Order, 76 FR 66899, 66900 29 See Scope Rebuttal Comments Letter at 3. 34 See Product Characteristics Letter at pages (October 28, 2011). 30 Id. 2–4.

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(galvanized), and because of differences hierarchy for the certain steel pipe establishes the material terms of sale.37 in end uses between galvanized pipes antidumping duty investigations did The Court of International Trade (CIT) and pipes that are not galvanized.35 include coating as a characteristic has stated that a ‘‘party seeking to None of the interested parties objected because whether or not the product is establish a date of sale other than to the inclusion of the coating product coated (e.g., galvanized) is important invoice date bears the burden of characteristic in the hierarchy, and none enough to distinguish products from producing sufficient evidence to ‘satisfy’ of the interested parties in the four one another. See, e.g., ‘‘Scope of the the Department that a different date concurrent certain steel pipe Investigation’’ in Appendix I. However, better reflects the date on which the antidumping investigations (India, differences in other product exporter or producer establishes the Oman, UAE, and Vietnam), other than characteristics also influence potential material terms of sale.’’ 38 Alternatively, UTP and its U.S. affiliate Prime Metal, end uses. Neither UTP nor Prime Metal the Department may exercise its suggested during the time allotted for demonstrated why the coating product discretion to rely on a date other than comments on model match issues that characteristic should be considered the invoice date if the Department the placement of the coating product most important of all when defining ‘‘provides a rational explanation as to characteristic in the model match models and for comparison purposes why the alternative date ‘better reflects’ hierarchy should be changed from that and, as noted above, no other interested the date when ‘material terms’ are originally proposed by the Department. parties argued for such a change in a established.’’ 39 The date of sale is The Department is not modifying the timely manner. generally the date on which the parties model match hierarchy that it originally Therefore, as noted above, the establish the material terms of the proposed to incorporate the suggestion Department is not modifying the sale,40 which normally includes the of UTP and Prime Metal. The goal of the hierarchy it proposed at the outset of the price, quantity, delivery terms and product characteristic hierarchy is to AD investigations and included in the payment terms.41 identify the best possible matches with questionnaires it issued to the In this case, Al Jazeera reported the respect to the characteristics of the respondents. invoice date as the home market date of merchandise. While variations in cost In accordance with section 771(16) of sale and argued that the U.S. date of sale may suggest the existence of variation in the Act, all products produced by Al should be the purchase order date product characteristics, such variations Jazeera, covered by the description in because U.S. sales are produced to do not constitute differences in products the ‘‘Scope of Investigation’’ section in order. Al Jazeera explains that once a in and of themselves. Furthermore, the Appendix I and sold in Oman during purchase order is confirmed by the U.S. magnitude of variations in cost may the POI, are considered to be foreign customer, there are no changes in the differ from company to company, and like product for purposes of determining material terms of sale. Al Jazeera notes even for a given company over time, and appropriate product comparisons to that quantity can change but remains therefore do not, in and of themselves, U.S. sales. We have relied on the above within specified weight tolerances. See provide a reliable basis for identifying mentioned five criteria to match U.S. Al Jazeera’s AQR at 15, CQR at 62, the relative importance of different sales of subject merchandise to FSQR at 4–7 and 21. Per the product characteristics. The Department comparison-market sales of the foreign Department’s request, Al Jazeera has noted that for defining products and like product. Where there were no sales provided a concordance table that creating a model match hierarchy, of identical merchandise in the home showed ordered quantities and prices { } ‘‘ t he physical characteristics are used market to compare to subject versus actual shipped quantities and to distinguish the differences among merchandise sold in the United States, prices for all confirmed purchase orders products across the industry,’’ that we compared these U.S. sales to home- and shipments during the POI. See Al { } ‘‘ c ost is not the primary factor for market sales of the most-similar, foreign Jazeera’s SSQR at 8–11 and Exhibit 4. establishing these characteristics,’’ and, like product on the basis of the reported This table showed few instances in { } in short, ‘‘ c ost variations are not the product characteristics and instructions which shipments fell outside of the determining factor in assigning product provided in the antidumping purchase order tolerance for quantity characteristics for model-matching questionnaire, which were made in the and, therefore, the material terms of sale purposes.’’ See Stainless Steel Wire Rod ordinary course of trade. Where we were changed from order to invoice. From Sweden: Final Results of unable to find a home market match of However, in comparing the information Antidumping Duty Administrative such or similar merchandise, in submitted in the table to the reported Review, 73 FR 12950 (March 11, 2008), accordance with section 773(a)(4) of the U.S. sales database, we noted that and accompanying Issues and Decision Act, we based NV on CV. Where information in the database regarding Memorandum at Comment 1.36 appropriate, we made adjustments to CV invoice dates, actual sales, and purchase UTP and Prime Metal also refer to in accordance with section 773(a)(8) of order dates, was missing. See Al price and end-use differences regarding the Act. Jazeera’s SSQR at Exhibit 4 and U.S. galvanized versus non-galvanized pipe, sales database (‘‘ajsp_us03’’). Due to the but the Department’s proposed Date of Sale insufficient information on the record, 19 CFR 351.401(i) states that, in the Department is unable to ascertain 35 Id. identifying the date of sale of the that the purchase order date satisfies the 36 Also, the Department’s ‘‘* * * selection of model match characteristics {is based} on unique merchandise under consideration or 37 See 19 CFR 351.401(i); see also Allied Tube & measurable physical characteristics that the product foreign like product, the Secretary Conduit Corp. v. United States, 132 F. Supp. 2d can possess’’ and ‘‘differences in price or cost, normally will use the date of invoice, as 1087, 1090 (CIT 2001) (quoting 19 CFR 351.401(i)) standing alone, are not sufficient to warrant recorded in the exporter or producer’s (Allied Tube). inclusion in the Department’s model-match of 38 characteristics which a respondent claims to be the records kept in the ordinary course of See Allied Tube, 132 F. Supp. 2d at 1090 cause of such differences.’’ See Notice of Final business. Additionally, the Secretary (brackets and citation omitted). Determination of Sales at Less Than Fair Value; may use a date other than the date of 39 SeAH Steel Corp. v. United States, 25 C.I.T. Certain Cold-Rolled Flat-Rolled Carbon-Quality invoice if the Secretary is satisfied that 133, 135 (Ct. Int’l Trade 2001). Steel Products from Turkey, 65 FR 15123 (March 40 19 CFR 351.401(i). 21, 2000), and accompanying Issues and Decision a different date better reflects the date 41 See USEC Inc. v. United States, 31 C.I.T. 1049, Memorandum at Model Match Comment 1. on which the exporter or producer 1055 (Ct. Int’l Trade 2007).

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Department’s definition of the date of significantly among purchasers, time of the Act and our current practice as sale and, therefore, whether it is periods, and regions. Petitioner discussed in Nails, Wood Flooring, and appropriate to use it as the U.S. date of Wheatland Tube relied on the Coated Paper. sale. Accordingly, consistent with the Department’s targeted dumping test in B. Price Comparison Method relevant regulation, the Department has Certain Steel Nails From the United determined to use invoice date as the Arab Emirates: Notice of Final Section 777A(d)(1)(B)(ii) of the Act U.S. date of sale for purposes of this Determination of Sales at Not Less Than states that the Department may compare preliminary determination. See 19 CFR Fair Value, 73 FR 33985 (June 16, 2008), the weighted average of the NV to 351.401(i). and Certain Steel Nails From the export prices (EPs) (or constructed In accordance with this People’s Republic of China: Final export prices (CEPs)) of individual determination, we are excluding from Determination of Sales at Less Than transactions for comparable our analysis those sales which are Fair Value and Partial Affirmative merchandise if the Department explains known to be based on purchase order Determination of Critical why differences in the patterns of EPs contracts executed in the POI but Circumstances, 73 FR 33977 (June 16, (or CEPs) cannot be taken into account shipped outside of the POI because it is 2008) (collectively, Nails), as applied in using the average-to-average unclear whether the material terms of more recent investigations such as methodology. As described above, we these sales were set during the POI. In Multilayered Wood Flooring from the preliminarily determine that, with addition, we have included sales People’s Republic of China: Preliminary respect to sales by Al Jazeera, for certain pursuant to purchase orders executed Determination of Sales at Less Than regions and time periods there was a prior to, or during, the POI, and shipped Fair Value, 76 FR 30656, 30659–60 pattern of prices that differed during the POI. We will further examine (May 26, 2011). See petitioner significantly. We find that these whether there is other information that Wheatland Tube’s Submission of differences cannot be taken into account denotes a more appropriate date of sale Targeted Dumping Allegations dated using the standard average-to average as it is unclear from the record whether April 3, 2012, at pages 2–5. methodology because the average-to- the material terms of these sales were average methodology conceals A. Targeted Dumping Test set prior to the POI. We intend to issue differences in the patterns of prices a supplemental questionnaire to Al We conducted customer, time-period, between the targeted and non-targeted Jazeera to address the inconsistencies and region targeted dumping analyses groups by averaging low-priced sales to found. For further details, see for Al Jazeera using the methodology we the targeted group with high-priced Memorandum to The File, through adopted in Nails and most recently sales to the non-targeted group. Angelica Mendoza, Program Manager, articulated in Certain Coated Paper Therefore, pursuant to section from John Drury and Ericka Ukrow, Suitable for High-Quality Print Graphics 777A(d)(1)(B) of the Act, for the International Trade Analysts, titled Using Sheet-Fed Presses From preliminary determination we find that ‘‘Analysis Memorandum for the Indonesia: Final Determination of Sales the standard average-to-average Preliminary Determination of the at Less Than Fair Value, 75 FR 59223 methodology does not take into account Antidumping Duty Investigation of (September 27, 2010) (Coated Paper), Al Jazeera’s price differences because Circular Welded Carbon-Quality Steel and accompanying Issues and Decision the standard methodology masks Pipe from the Sultanate of Oman: Al Memorandum at Comment 1; and dumping that is unmasked by Jazeera Steel Products Co. SAOG,’’ Multilayered Wood Flooring From the application of the alternative average-to- dated May 23, 2012 (Al Jazeera Peoples Republic of China: Final transaction comparison method to all of Preliminary Analysis Memorandum). Determination of Sales at Less Than Al Jazeera’s U.S. sales. Accordingly, for Fair Value, 76 FR 64318 (October 18, this preliminary determination, we Targeted Dumping Allegation 2011) (Wood Flooring), and applied the average-to-transaction The statute allows the Department to accompanying Issues and Decision methodology to all U.S. sales made by employ the average-to-transaction Memorandum at Comment 4. Al Jazeera. See the Al Jazeera margin-calculation methodology under The methodology we employed Preliminary Analysis Memorandum for the following circumstances: (1) There involves a two-stage test; the first stage further discussion. is a pattern of export prices that differ addresses the pattern requirement and Fair Value Comparisons significantly among purchasers, regions, the second stage addresses the or periods of time; and (2) the significant-difference requirement. See To determine whether Al Jazeera’s Department explains why such section 777A(d)(1)(B)(i) of the Act, sales of certain steel pipe from Oman to differences cannot be taken into account Nails, Coated Paper, and Wood the United States were made at LTFV using the average-to-average or Flooring. In this test, we made all price during the POI, we compared the EP of transaction-to-transaction methodology. comparisons on the basis of identical these U.S. sales NV or CV, as See section 777A(d)(1)(B) of the Act. merchandise (i.e., by control number appropriate, as described in the ‘‘Export On April 3, 2012, petitioner (CONNUM)). We based all of our Price’’ and ‘‘Normal Value’’ sections of Wheatland Tube submitted timely targeted dumping calculations on the this notice. In accordance with section allegations of targeted dumping with U.S. net price, which we determined for 777A(d)(1)(B) of the Act, we compared respect to Al Jazeera and asserted that U.S. sales by Al Jazeera in our standard POI transaction-specific EPs to POI the Department should apply the margin calculations. For further weighted-average NVs of foreign like average to-transaction methodology in discussion of the test and results, see product where there were sales made in calculating the margins for this the Al Jazeera Preliminary Analysis the ordinary course of trade, as respondent.42 In its allegations, Memorandum. As a result of our discussed in the ‘‘Price-to-Price petitioner Wheatland Tube asserted that analysis, we preliminarily determine Comparisons’’ section below. that there is a pattern of U.S. prices for there are patterns of U.S. sales prices for Export Price comparable merchandise that differ comparable merchandise that differs significantly among certain regions and Section 772(a) of the Act defines EP 42 See Letter from Wheatland Tube (petitioner) to time periods for Al Jazeera in as ‘‘the price at which the subject the Department, dated April 3, 2012. accordance with section 777A(d)(1)(B)(i) merchandise is first sold (or agreed to be

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sold) before the date of importation by account for less than five percent of the the selling activities performed by Al the producer or exporter of subject total value (or quantity) of the exporter’s Jazeera for each channel of distribution. merchandise outside of the United or producer’s sales of the foreign like See Al Jazeera’s AQR at 11–13 and States to an unaffiliated purchaser in the product in the market in question, or if Attachment 5 (selling activities chart); United States or to an unaffiliated sales to the affiliated party are see also Al Jazeera’s BQR at 29 and 70. purchaser for exportation to the United comparable, as defined in 19 CFR We did not make a LOT adjustment States, as adjusted under subsection 351.403(c). See 19 CFR 351.403(d). under section 773(a)(7)(A) of the Act (c).’’ During the POI, Al Jazeera sold the and 19 CFR 351.412(e) because we For purposes of this preliminary foreign like product to an affiliated preliminarily find that there was only determination, we calculated EP for Al customer. However, these sales one home market LOT and one U.S. Jazeera, in accordance with section constituted less than five percent of Al LOT, and the two were identical. See 19 772(a) of the Act, because the Jazeera’s total aggregate sales of foreign CFR 351.412(d). For a detailed merchandise was sold, prior to like product in the home market. See Al description of our LOT methodology exportation by the producer, outside of Jazeera’s FSQR at 3, 9, and Exhibit 4. and a summary of Al Jazeera’s LOT the United States to the first unaffiliated Accordingly, and pursuant to the findings for this preliminary purchaser in the United States. For Al Department’s regulations, we have not determination, see Al Jazeera Jazeera, we calculated EP based on the used any of Al Jazeera’s sales to the Preliminary Analysis Memorandum. packed price that was charged to the affiliated customer as all of these sales first unaffiliated U.S. customer. We failed the arm’s-length test. D. Cost of Production Analysis made deductions for movement C. Level of Trade Based on the Department’s analysis of expenses, where appropriate, in the petitioners’ allegation,44 we initiated accordance with section 772(c)(2)(A) of In accordance with section a sales-below-cost investigation to the Act, including deductions for 773(a)(1)(B) of the Act, to the extent determine whether Al Jazeera had sales foreign inland freight (plant/warehouse practicable, we determine NV based on that were made at prices below their to the border), ocean freight, and sales in the comparison market at the COP pursuant to section 773(b) of the brokerage and handling. We also made same level of trade (LOT) as the EP or Act. See Al Jazeera Cost Initiation adjustments, where appropriate, for CEP. See also section 773(a)(7) of the Memorandum. credit expenses, certain direct selling Act. The LOT for NV is based on the starting prices of sales in the home expenses (including commissions and 1. Calculation of Cost of Production bank charges), and billing adjustments. market or, when NV is based on CV, See the Al Jazeera Preliminary Analysis those of the sales from which we We calculated the COP based on the Memorandum for a detailed discussion derived selling, general, and sum of the cost of materials and administrative expenses and profit. See of these adjustments. fabrication for the foreign like product, 19 CFR 351.412(c)(1)(iii). For EP, the plus amounts for selling, general, and Normal Value LOT is based on the starting price, administrative (SG&A) expenses and which is usually the price from the A. Home Market Viability and packing, in accordance with section exporter to the importer. See 19 CFR Comparison-Market Selection 773(b)(3) of the Act. We relied on the 351.412(c)(1)(i). In this investigation, Al COP data submitted by Al Jazeera on To determine whether there is a Jazeera reported only EP sales to the May 9, 2012. We did not rely on the sufficient volume of sales of certain 43 United States. COP data submitted by Al Jazeera on steel pipe in the home market to serve To determine if the home-market sales May 21, 2012. Based on the review of as a viable basis for calculating NV (i.e., are made at a different LOT than EP record evidence, respondents did not the aggregate volume of home market sales, we examined stages in the appear to experience significant changes sales of the foreign like product is equal marketing process and the selling in the cost of manufacturing during the to or greater than five percent of the functions performed along the chain of period of investigation. Therefore, we aggregate volume of U.S. sales), we distribution between the producer and followed our normal methodology of compared respondent’s volume of home the unaffiliated customer. See 19 CFR calculating an annual weighted-average market sales of the foreign like product 351.412(c)(2). If home-market sales are cost. to its volume of U.S. sales of the subject at a different LOT, as manifested in a merchandise during the POI. See section pattern of consistent price differences 2. Test of Comparison Market Prices 773(a)(1)(B) of the Act. Based on this between the sales on which NV is based comparison, we determined that Al and home-market sales made at the LOT With respect to Al Jazeera, on a Jazeera had a viable home market during of the export transaction, and the product-specific basis, pursuant to the POI. Consequently, we based NV on difference affects price comparability, section 773(a)(1)(B)(i) of the Act, we Al Jazeera’s home market sales. then we make a LOT adjustment to NV compared the adjusted weighted- under section 773(a)(7)(A) of the Act average COP to the home market sales B. Affiliated Party Transactions and and 19 CFR 351.412. See, e.g., Notice of prices of the foreign like product, in Arm’s-Length Test Final Determination of Sales at Less order to determine whether the sale Pursuant to its regulations, the Than Fair Value: Certain Cut-to-Length prices were below the COP. For Department may use prices from sales Carbon Steel Plate from South Africa, purposes of this comparison, we used made to affiliated parties if the price is 62 FR 61731, 61733 (November 19, COP exclusive of selling and packing comparable to the price at which the 1997). expenses. The prices were net of billing exporter or producer sold the foreign In this investigation, we obtained adjustments, movement charges, like product to a non-affiliate. See information from Al Jazeera regarding discounts, direct and indirect selling 19 CFR 351.403(c). However, the the marketing stages involved in making expenses and packing expenses, where Department will not calculate NV based their reported home market and U.S. appropriate. See Al Jazeera Preliminary on the sale to an affiliated party if sales market sales, including a description of Analysis Memorandum. of the foreign like product by an exporter or producer to affiliated parties 43 See AQR at Exhibit 1, CQR database. 44 See Below Cost Allegation Letter.

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3. Results of COP Test merchandise. See 19 CFR 351.411(b). Weighted- Section 773(b)(1) provides that where For detailed information on the Manufacturer/exporter average calculation of normal value, see the Al margin sales made at less than the COP ‘‘have (percent) been made within an extended period of Jazeera Preliminary Analysis time in substantial quantities’’ and Memorandum. All Others ...... 5.59 ‘‘were not at prices which permit F. Price-to-CV Comparison recovery of all costs within a reasonable Suspension of Liquidation Where we were unable to find a home period of time’’ the Department may market match of such or similar In accordance with section 733(d)(2) disregard such sales when calculating merchandise, in accordance with of the Act, we will direct CBP to NV. Pursuant to section 773(b)(2)(C)(i) section 773(a)(4) of the Act, we based suspend liquidation of all entries of of the Act, we did not disregard below- NV on CV. Where appropriate, we made certain steel pipe from Oman that are cost sales that were not made in adjustments to CV in accordance with entered, or withdrawn from warehouse, ‘‘substantial quantities,’’ i.e., where less section 773(a)(8) of the Act. for consumption on or after the date of than 20 percent of sales of a given publication of this notice in the Federal product were at prices less than the G. Constructed Value Register. COP. We disregarded below-cost sales In accordance with section 773(e) of Consistent with the Department’s when they were made in substantial the Act, and where applicable, we practice, where the product under quantities, i.e., where 20 percent or calculated CV based on the sum of Al investigation is also subject to a more of a respondent’s sales of a given Jazeera’s material and fabrication costs, concurrent countervailing duty product were at prices less than the COP SG&A expenses, profit, and U.S. investigation, we instruct CBP to require and where ‘‘the weighted average per packing costs. We calculated the COP a cash deposit or posting of a bond unit price of the sales * * * is less than component of CV as described above in equal to the amount by which NV the weighted average per unit cost of the ‘‘Cost of Production Analysis’’ exceeds EP or CEP, less the amount of production for such sales.’’ See section section of this notice. In accordance the countervailing duty determined to 46 773(b)(2)(C)(ii) of the Act. Finally, based with section 773(e)(2)(A) of the Act, we constitute an export subsidy. In this on our comparison of prices to the based SG&A expenses and profit on the case, although the product under weighted-average COPs for the POI, we amounts incurred and realized by Al investigation is also subject to a considered whether the prices would Jazeera in connection with the concurrent countervailing duty permit the recovery of all costs within production and sale of the foreign like investigation, the Department a reasonable period of time. See section preliminarily found no countervailable product in the ordinary course of trade, 47 773(b)(2)(D) of the Act. for consumption in the foreign country. export subsidy. Therefore, we have Therefore, for Al Jazeera, we not offset the cash deposit rates shown disregarded below-cost sales of a given Currency Conversion above for purposes of this preliminary CONNUM of 20 percent or more and The Department’s preferred source for determination. used the remaining sales as the basis for daily exchange rates is the Federal We will instruct CBP to require a cash determining NV, in accordance with Reserve Bank.45 However, the Federal deposit or the posting of a bond equal to the preliminary weighted-average section 773(b)(1) of the Act. See Al Reserve Bank does not track or publish dumping margins indicated in the chart Jazeera Preliminary Analysis exchange rates for the Omani Rial. above, as follows: (1) The rate for Al Memorandum. Therefore, pursuant to section 773A of Jazeera will be the rate we have the Act, we made currency conversions E. Calculation of Normal Value Based determined in this preliminary from Omani Rials to U.S. dollars based on Comparison-Market Prices determination; (2) if the exporter is not on the daily exchange rates from We calculated NV for Al Jazeera based a firm identified in this investigation Factiva, a Dow Jones & Reuters Retrieval on the reported packed, ex-factory or but the producer is, the rate will be the Service. delivered prices to comparison market rate established for the producer of the customers. We made deductions from Verification subject merchandise; (3) the rate for all other producers or exporters will be the starting price, where appropriate, for As provided in section 782(i)(1) of the 5.59 percent, as discussed in the ‘‘All- billing adjustments, inland freight and Act, we intend to verify the information Others Rate’’ section, below. These insurance, pursuant to section relied upon in making our final suspension of liquidation instructions 773(a)(6)(B)(ii) of the Act. determination for Al Jazeera. Pursuant to section 773(a)(6)(C)(iii) of will remain in effect until further notice. Preliminary Determination the Act and 19 CFR 351.410(b), we All Others Rate made, where appropriate, circumstance- The preliminary weighted-average Section 735(c)(5)(A) of the Act of-sale adjustments (i.e., bank charges). dumping margins are as follows: We added U.S. packing costs and provides that the estimated ‘‘All Others’’ rate shall be an amount equal to the deducted home market packing costs, in Weighted- weighted average of the estimated accordance with sections 773(a)(6)(A) Manufacturer/exporter average and (B)(i) of the Act. margin weighted-average dumping margins When comparing U.S. sales with (percent) established for exporters and producers comparison market sales of similar, but Al Jazeera Steel Products Co. not identical, merchandise, we also 46 See, e.g., Notice of Final Determination of Sales SAOG ...... 5.59 at Less Than Fair Value: Carbazole Violet Pigment made adjustments for physical 23 From India, 69 FR 67306, 67307 (November 17, differences in the merchandise in 45 See Preliminary Results of Antidumping Duty 2004). accordance with section 773(a)(6)(C)(ii) Administrative Review: Stainless Steel Sheet and 47 See Circular Welded Carbon-Quality Steel Pipe of the Act and 19 CFR 351.411. We Strip in Coils from France, 68 FR 47049, 47055 From the Sultanate of Oman: Preliminary Negative (August 7, 2003), unchanged in Notice of Final Countervailing Duty Determination and Alignment based this adjustment on the difference Results of Antidumping Duty Administrative of Final Countervailing Duty Determination With in the variable cost of manufacturing for Review: Stainless Steel Sheet and Strip in Coils Final Antidumping Duty Determination, 77 FR the foreign-like product and subject From France, 68 FR 69379 (December 12, 2003). 19635 (April 2, 2012).

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individually investigated, excluding any 735(a)(2)(A) of the Act and 19 CFR Interested parties, who wish to zero or de minimis margins, and any 351.210(b)(2)(ii), because (1) our comment on the preliminary margins determined entirely under preliminary determination is determination, must file briefs section 776 of the Act. Al Jazeera is the affirmative; (2) the requesting electronically using Import only respondent in this investigation for producers/exporters account for a Administration’s Antidumping and which the Department has calculated a significant proportion of exports of the Countervailing Duty Centralized company-specific rate that is not zero or subject merchandise; and (3) no Electronic Service System (IA ACCESS). de minimis. Therefore, for purposes of compelling reasons for denial exist, we An electronically filed document must determining the ‘‘all others’’’ rate and are granting this request and are be received successfully in its entirety pursuant to section 735(c)(5)(A) of the postponing the final determination until by the Department’s electronic records Act, we are using the dumping margin no later than 135 days after the system, IA ACCESS, by 5 p.m. Eastern calculated for Al Jazeera, 5.59 percent, publication of this notice in the Federal Standard Time. for the ‘‘all others’’ rate, as referenced in Register. Suspension of liquidation will In accordance with section 774 of the the ‘‘Preliminary Determination’’ be extended accordingly. We are also Act, the Department will hold a public section, above. granting the request to extend the hearing, if timely requested, to afford application of the provisional measures interested parties an opportunity to Disclosure prescribed under section 733(d) of the comment on arguments raised in case or The Department intends to disclose to Act and 19 CFR 351.210(e)(2) from a rebuttal briefs, provided that such a parties the calculations performed in four-month period to a six-month hearing is requested by an interested connection with this preliminary period. party. See also 19 CFR 351.310. determination within five days of the ITC Notification Interested parties, who wish to request date of publication of this notice. See a hearing, or to participate if one is 19 CFR 351.224(b). In accordance with section 733(f) of requested, must submit a written the Act, we will notify the ITC of our request to the Assistant Secretary for Postponement of Final Determination preliminary affirmative determination of and Extension of Provisional Measures Import Administration, U.S. Department sales at less than fair value. If the final of Commerce, filed electronically using Section 735(a)(2) of the Act provides determination in this proceeding is IA ACCESS, as noted above. An that a final determination may be affirmative, section 735(b)(2) of the Act electronically filed document must be postponed until not later than 135 days requires that the ITC make its final received successfully in its entirety by after the date of the publication of the determination as to whether the the Department’s electronic records preliminary determination if, in the domestic industry in the United States system, IA ACCESS, by 5 p.m. Eastern event of an affirmative preliminary is materially injured, or threatened with Standard Time within 30 days after the determination, a request for such material injury, by reason of imports of date of publication of this notice. See 19 postponement is made by exporters who certain steel pipe from Oman before the CFR 351.310(c). Requests should account for a significant proportion of later of 120 days after the date of this contain the following information: (1) exports of the subject merchandise, or in preliminary determination or 45 days The party’s name, address, and the event of a negative preliminary after our final determination. Because telephone number; (2) the number of determination, a request for such we are postponing the deadline for our participants; and (3) a list of the issues postponement is made by the petitioner. final determination to 135 days from the to be discussed. 19 CFR 351.310(c). If a The Department’s regulations, at 19 CFR date of the publication of this request for a hearing is made, we will 351.210(e)(2), require that requests by preliminary determination, as discussed inform parties of the scheduled date for respondents for postponement of a final above, the ITC will make its final the hearing which will be held at the determination be accompanied by a determination no later than 45 days U.S. Department of Commerce, 14th request for extension of provisional after our final determination. Street and Constitution Avenue NW., measures from a four-month period to Public Comment Washington, DC 20230, at a time and not more than six months. location to be determined. See 19 CFR Interested parties are invited to On May 18, 2012, petitioners 351.310. Parties should confirm by comment on the preliminary requested that in the event of a negative telephone the date, time, and location of determination. Interested parties may preliminary determination in this the hearing. investigation, the Department postpone submit case briefs to the Department no This determination is issued and its final determination by 60 days (135 later than seven days after the date of published pursuant to sections 733(f) days after publication of the preliminary the issuance of the last verification and 777(i)(1) of the Act. determination) from a four-month report in this proceeding. See 19 CFR period to a six-month period. On May 351.309(c)(1)(i). Rebuttal briefs, the Dated: May 23, 2012. 21, 2012, Al Jazeera also requested that content of which is limited to the issues Paul Piquado, in the event of an affirmative raised in the case briefs, must be filed Assistant Secretary for Import preliminary determination in this within five days from the deadline date Administration. investigation, the Department postpone for the submission of case briefs. See Appendix I—Scope of the Investigation its final determination by 60 days (135 19 CFR 351.309(d)(1) and 19 CFR days after publication of the preliminary 351.309(d)(2). A list of authorities used, This investigation covers welded carbon- determination) and extend the a table of contents, and an executive quality steel pipes and tube, of circular cross- summary of issues should accompany section, with an outside diameter (‘‘O.D.’’) application of the provisional measures not more than 16 inches (406.4 mm), prescribed under section 733(d) of the any briefs submitted to the Department. regardless of wall thickness, surface finish Act and 19 CFR 351.210(e)(2), from a 19 CFR 351.309(c)(2). Executive (e.g., black, galvanized, or painted), end four-month period to a six-month summaries should be limited to five finish (plain end, beveled end, grooved, period.48 In accordance with section pages total, including footnotes. threaded, or threaded and coupled), or industry specification (e.g., American Society 48 See Letter from petitioners (on behalf of certain and Letter from Al Jazeera to the Department, dated for Testing and Materials International petitioners) to the Department, dated May 18, 2012, May 21, 2012. (‘‘ASTM’’), proprietary, or other) generally

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known as standard pipe, fence pipe and tube, standard sizes (e.g., outside diameter and thickness (gage 9) sprinkler pipe, and structural pipe (although wall thickness) of standard, structural, fence 4.000 inch O.D. and 0.165 inch wall subject product may also be referred to as and sprinkler pipe. Also, products made to thickness (gage 8) mechanical tubing). Specifically, the term the following outside diameter and wall 4.500 inch O.D. and 0.203 inch wall ‘‘carbon quality’’ includes products in which: thickness combinations, which are thickness (gage 7) (a) Iron predominates, by weight, over each recognized by the industry as typical for The pipe subject to this investigation is of the other contained elements; (b) the fence tubing, would not be excluded from the currently classifiable in Harmonized Tariff carbon content is 2 percent or less, by weight; scope based solely on their being certified to Schedule of the United States (‘‘HTSUS’’) and (c) none of the elements listed below ASTM mechanical tubing specifications: statistical reporting numbers 7306.19.1010, exceeds the quantity, by weight, as indicated: 1.315 inch O.D. and 0.035 inch wall 7306.19.1050, 7306.19.5110, 7306.19.5150, (i) 1.80 percent of manganese; thickness (gage 20) 7306.30.1000, 7306.30.5025, 7306.30.5032, (ii) 2.25 percent of silicon; 1.315 inch O.D. and 0.047 inch wall 7306.30.5040, 7306.30.5055, 7306.30.5085, (iii) 1.00 percent of copper; thickness (gage 18) 7306.30.5090, 7306.50.1000, 7306.50.5050, (iv) 0.50 percent of aluminum; 1.315 inch O.D. and 0.055 inch wall and 7306.50.5070. However, the product (v) 1.25 percent of chromium; thickness (gage 17) description, and not the HTSUS (vi) 0.30 percent of cobalt; 1.315 inch O.D. and 0.065 inch wall classification, is dispositive of whether the (vii) 0.40 percent of lead; thickness (gage 16) merchandise imported into the United States (viii) 1.25 percent of nickel; 1.315 inch O.D. and 0.072 inch wall falls within the scope of the investigation. (ix) 0.30 percent of tungsten; thickness (gage 15) [FR Doc. 2012–13233 Filed 5–31–12; 8:45 am] (x) 0.15 percent of molybdenum; 1.315 inch O.D. and 0.083 inch wall BILLING CODE 3510–DS–P (xi) 0.10 percent of niobium; thickness (gage 14) (xii) 0.41 percent of titanium; 1.315 inch O.D. and 0.095 inch wall (xiii) 0.15 percent of vanadium; thickness (gage 13) DEPARTMENT OF COMMERCE (xiv) 0.15 percent of zirconium. 1.660 inch O.D. and 0.047 inch wall Subject pipe is ordinarily made to ASTM thickness (gage 18) International Trade Administration specifications A53, A135, and A795, but can 1.660 inch O.D. and 0.055 inch wall also be made to other specifications. thickness (gage 17) [A–520–805] Structural pipe is made primarily to ASTM 1.660 inch O.D. and 0.065 inch wall specifications A252 and A500. Standard and thickness (gage 16) Circular Welded Carbon-Quality Steel structural pipe may also be produced to 1.660 inch O.D. and 0.072 inch wall Pipe From the United Arab Emirates: proprietary specifications rather than to thickness (gage 15) Preliminary Determination of Sales at industry specifications. Fence tubing is 1.660 inch O.D. and 0.083 inch wall Less Than Fair Value and thickness (gage 14) included in the scope regardless of Postponement of Final Determination certification to a specification listed in the 1.660 inch O.D. and 0.095 inch wall exclusions below, and can also be made to thickness (gage 13) AGENCY: Import Administration, 1.660 inch O.D. and 0.109 inch wall the ASTM A513 specification. Sprinkler pipe International Trade Administration, thickness (gage 12) is designed for sprinkler fire suppression 1.900 inch O.D. and 0.047 inch wall Department of Commerce. systems and may be made to industry thickness (gage 18) SUMMARY: The U.S. Department of specifications such as ASTM A53 or to 1.900 inch O.D. and 0.055 inch wall Commerce (the Department) proprietary specifications. These products thickness (gage 17) are generally made to standard O.D. and wall preliminarily determines that circular 1.900 inch O.D. and 0.065 inch wall thickness combinations. Pipe multi-stenciled welded carbon-quality steel pipe thickness (gage 16) to a standard and/or structural specification (certain steel pipe) from the United Arab 1.900 inch O.D. and 0.072 inch wall and to other specifications, such as American Emirates (UAE) is being, or is likely to thickness (gage 15) Petroleum Institute (‘‘API’’) API–5L 1.900 inch O.D. and 0.095 inch wall be, sold in the United States at less than specification, is also covered by the scope of thickness (gage 13) fair value (LTFV) as provided in section this investigation when it meets the physical 1.900 inch O.D. and 0.109 inch wall 733(b) of the Tariff Act of 1930, as description set forth above, and also has one thickness (gage 12) amended (the Act). The estimated or more of the following characteristics: Is 32 2.375 inch O.D. and 0.047 inch wall margins of sales at LTFV are listed in feet in length or less; is less than 2.0 inches thickness (gage 18) (50mm) in outside diameter; has a galvanized the ‘‘Preliminary Determination’’ 2.375 inch O.D. and 0.055 inch wall and/or painted (e.g., polyester coated) surface section of this notice. Interested parties thickness (gage 17) finish; or has a threaded and/or coupled end are invited to comment on this 2.375 inch O.D. and 0.065 inch wall finish. preliminary determination. Pursuant to thickness (gage 16) The scope of this investigation does not 2.375 inch O.D. and 0.072 inch wall requests from interested parties, we are include: (a) Pipe suitable for use in boilers, thickness (gage 15) postponing for 60 days the final superheaters, heat exchangers, refining 2.375 inch O.D. and 0.095 inch wall determination and extending furnaces and feedwater heaters, whether or thickness (gage 13) provisional measures from a four-month not cold drawn; (b) finished electrical 2.375 inch O.D. and 0.109 inch wall period to not more than six months. conduit; (c) finished scaffolding; 49 (d) tube thickness (gage 12) and pipe hollows for redrawing; (e) oil Accordingly, we will make our final 2.375 inch O.D. and 0.120 inch wall country tubular goods produced to API determination not later than 135 days thickness (gage 11) specifications; (f) line pipe produced to only after publication of the preliminary 2.875 inch O.D. and 0.109 inch wall API specifications; and (g) mechanical determination. thickness (gage 12) tubing, whether or not cold-drawn. However, 2.875 inch O.D. and 0.134 inch wall DATES: Effective Date: June 1, 2012. products certified to ASTM mechanical thickness (gage 10) tubing specifications are not excluded as FOR FURTHER INFORMATION CONTACT: 2.875 inch O.D. and 0.165 inch wall mechanical tubing if they otherwise meet the Deborah Scott or Robert James, AD/CVD thickness (gage 8) Operations, Office 7, Import 3.500 inch O.D. and 0.109 inch wall 49 Administration, International Trade Finished scaffolding is defined as component thickness (gage 12) parts of a final, finished scaffolding that enters the 3.500 inch O.D. and 0.148 inch wall Administration, U.S. Department of United States unassembled as a ‘‘kit.’’ A ‘‘kit’’ is Commerce, 14th Street and Constitution understood to mean a packaged combination of thickness (gage 9) component parts that contain, at the time of 3.500 inch O.D. and 0.165 inch wall Avenue NW., Washington, DC 20230; importation, all the necessary component parts to thickness (gage 8) telephone (202) 482–2657 or (202) 482– fully assemble a final, finished scaffolding. 4.000 inch O.D. and 0.148 inch wall 0649, respectively.

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SUPPLEMENTARY INFORMATION: parties to submit comments on the Scaffolding & Formwork LLC (KHK) and potential respondent selection by Universal Tube and Pipe Industries LLC Background November 29, 2011.6 No parties filed (DIP). (Hereinafter, we refer to these On October 26, 2011, the Department comments on these CBP data. On three affiliated producers collectively as received petitions concerning imports of December 16, 2011, we selected UTP ‘‘Universal.’’) See Universal’s January certain steel pipe from India, the and Abu Dhabi Metal Pipes & Profiles 24, 2012, section A questionnaire Sultanate of Oman (Oman), the UAE, Industries Complex LLC (ADPICO) as response (AQR) at 3. With respect to its and the Socialist Republic of Vietnam the mandatory respondents in this U.S. sales, Universal reported that the (Vietnam) filed in proper form on behalf investigation.7 overwhelming majority of its U.S. sales of Allied Tube and Conduit, JMC Steel On December 16, 2011, the during the POI were shipped directly Group, Wheatland Tube Company, and International Trade Commission (ITC) from the UAE to the United States. United States Steel Corporation published its affirmative preliminary Universal explained that the remaining (collectively, petitioners).1 On determination that there is a reasonable quantity consisted of sales from Prime November 15, 2011, the Department indication that imports of certain steel Metal’s inventory, and requested that initiated the antidumping duty pipe from India, Oman, the UAE, and the Department excuse Universal from investigations on certain steel pipe from Vietnam are materially injuring the U.S. reporting these sales not only because of 2 India, Oman, the UAE, and Vietnam. industry, and the ITC notified the the small quantity but also because this The Department set aside a period of Department of its finding.8 merchandise is co-mingled with time for parties to raise issues regarding On December 20, 2011, the material purchased from other suppliers product coverage and encouraged all Department issued its antidumping duty located in the United States. See parties to submit comments within 20 questionnaire to UTP and ADPICO. The Universal’s AQR at 3–4, footnote 1. calendar days of the date of signature of events which have occurred with On January 30, 2012, petitioners the Initiation Notice.3 We received respect to each respondent since Allied Tube and Conduit and JMC Steel comments from SeAH Steel Vina Corp. issuance of the antidumping duty Group filed comments on Universal’s (SeAH VINA), a Vietnamese producer, questionnaire are discussed separately section A questionnaire response. on December 5, 2011, and we received for each respondent below. On February 21, 2012, Universal rebuttal comments from petitioners On February 29, 2012, petitioners submitted its response to section B (i.e., Allied Tube and Conduit, JMC Steel Allied Tube and Conduit and JMC Steel the section covering comparison market Group, and Wheatland Tube Company Group requested that the Department on December 14, 2011. After reviewing postpone its preliminary determination sales) and section C (i.e., the section all comments, we have adopted the by 50 days. In accordance with section covering U.S. sales) of the Department’s ‘‘Scope of Investigation’’ section of this 733(c)(1)(A) of the Act, we postponed antidumping questionnaire. In its notice, below. The Department also set our preliminary determination by 50 section B response, in addition to aside a period of time for parties to days.9 reporting the sales of the three affiliated comment on product characteristics to On May 16, 2012, petitioners Allied manufacturers, Universal also reported be used in the antidumping duty Tube and Conduit and JMC Steel Group the downstream sales made by three questionnaire and indicated that in submitted comments with respect to home market affiliated distributors. order to consider such comments, they both respondents for consideration in On February 22, 2012, petitioners should be submitted no later than the preliminary determination. Allied Tube and Conduit and JMC Steel December 9, 2011.4 On December 9, Group filed an allegation of sales below UTP/Universal 2011, we received comments from a cost with respect to Universal. On UAE producer, Universal Tube and UTP submitted its response to section March 13, 2012, the Department Plastic Industries, Ltd. (UTP), and its A of the Department’s antidumping duty initiated a cost investigation with U.S. affiliate, Prime Metal Corp. USA questionnaire on January 24, 2012. In its respect to Universal.10 On March 14, we (Prime Metal). After reviewing all response, UTP stated that it was notified Universal of our decision to comments, we have adopted the reporting its own sales of the foreign initiate a cost investigation and characteristics and hierarchy as like product as well as sales of requested that Universal provide a explained in the ‘‘Product merchandise that was produced during response to section D of the Comparisons’’ section of this notice, the period of investigation (POI) by two Department’s antidumping below. other affiliated manufacturers, KHK questionnaire (i.e., the section covering The Department also stated in the the cost of production (COP) and Initiation Notice that it intended to 6 See Letter from Robert James, Program Manager, constructed value (CV)). select mandatory respondents for this to All Interested Parties, dated November 22, 2011. On February 24, 2012, the Department investigation based on U.S. Customs 7 See Memorandum to Christian Marsh, Deputy issued a supplemental questionnaire Assistant Secretary for Antidumping and 5 and Border Protection (CBP) data. On Countervailing Duty Operations, from Richard O. concerning Universal’s section A November 22, 2011, the Department Weible, Director, Office 7, ‘‘Antidumping Duty questionnaire response. In that released U.S. import data obtained from Investigation of Circular Welded Carbon-Quality supplemental questionnaire, we CBP to all interested parties and invited Steel Pipe from the United Arab Emirates: informed Universal that we were Respondent Selection Memorandum,’’ dated December 16, 2011 (Respondent Selection preliminarily not requiring it to report 1 See Circular Welded Carbon-Quality Steel Pipe Memorandum). its U.S. sales from inventory, but that From India, Oman, the UAE, and Vietnam: 8 See Circular Welded Carbon-Quality Steel Pipe we might require Universal to report Antidumping and Countervailing Duty Petitions, From India, Oman, the United Arab Emirates, and these sales in the future. Universal filed on October 26, 2011. Vietnam, Investigation Nos. 701–TA–482–485 and 2 See Circular Welded Carbon-Quality Steel Pipe 731–TA–1191–1194 (Preliminary), 76 FR 78313 submitted its response to this from India, the Sultanate of Oman, the United Arab (December 16, 2011). Emirates, and the Socialist Republic of Vietnam: 9 See Circular Welded Carbon-Quality Steel Pipe 10 See Memorandum to Richard Weible, Director, Initiation of Antidumping Duty Investigations, 76 From India, the Sultanate of Oman, the United Office 7, from The Team, ‘‘The Petitioners’ FR 72164 (November 22, 2011) (Initiation Notice). Arab Emirates, and the Socialist Republic of Allegation of Sales Below the Cost of Production for 3 See Initiation Notice, 76 FR at 72164. Vietnam: Postponement of Preliminary Universal Tube and Plastic Industries, Ltd.,’’ dated 4 See Initiation Notice, 76 FR at 72164–5. Determinations of Antidumping Duty March 13, 2012 (Universal Cost Initiation 5 See Initiation Notice, 76 FR at 72168. Investigations, 77 FR 15718 (March 16, 2012). Memorandum).

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supplemental questionnaire on March Department stated in a letter dated March 12, 2012, and that the remainder 20, 2012. February 17, 2012, that ‘‘due to the of its supplemental questionnaire On March 20, 2012, Universal filed a extraordinary circumstances cited’’ by response was due on March 19, 2012. letter with the Department in which it ADPICO,12 the Department was granting ADPICO did not submit its section B requested that it be permitted to report ADPICO an extension to file its response database by the established deadline of home market sales data for only the to sections B and C until February 21, March 12, 2012. On March 19, 2012, three affiliated manufacturers or, 2012. In that letter, the Department ADPICO requested an extension to alternatively, for the three informed ADPICO that it would not respond to the entire supplemental manufacturers and just one of the three consider any additional requests for an questionnaire. ADPICO filed a affiliated distributors. On March 28, extension to submit a response to supplemental questionnaire response on 2012, the Department issued a sections B and C of the questionnaire. March 20 and 21, 2012. On March 30, supplemental questionnaire covering Further, the Department stated in its 2012, the Department issued a letter sections B and C. In the cover letter of letter that ADPICO must file, in a timely stating that because ADPICO did not that supplemental questionnaire, we manner, any future questionnaire or submit its section B database by the informed Universal that it would not be supplemental questionnaire responses established deadline or request an permitted to limit its reporting of home or any requests for an extension to file extension to submit that portion of its market sales. On April 25, 2012, such responses. response in a timely manner, ADPICO’s Universal responded to the On February 21, 2012, ADPICO March 20 and 21, 2012, submissions Department’s supplemental submitted a response, albeit a were untimely and, therefore, the questionnaire for sections B and C. significantly deficient one, to sections B Department was rejecting ADPICO’s On April 4, 2012, petitioner and C of the Department’s antidumping March 20 and 21, 2012, submissions in Wheatland Tube filed an allegation of questionnaire. ADPICO’s narrative their entirety. targeted dumping by Universal. See the response to sections B and C totaled On April 20, 2012, ADPICO filed a ‘‘Allegation of Targeted Dumping’’ only one page. Although ADPICO did letter requesting that the Department section below. not submit a U.S. sales database in the reconsider its decision with respect to On April 23, 2012, Universal filed its requested format or worksheets showing ADPICO’s March 20 and 21, 2012, section D questionnaire response. On how it calculated expenses incurred on submissions. On May 17, 2012, ADPICO May 15, 2012, the Department issued a its U.S. sales, it did provide submitted a letter in response to the pre- supplemental questionnaire for section spreadsheets containing certain U.S. preliminary comments filed by D. Universal’s response to this sales information, such as customer petitioners Allied Tube and Conduit supplemental questionnaire is currently names, invoice numbers, sales and JMC Steel Group on May 16, 2012. due on May 29, 2012. quantities and values, and amounts On April 25, 2012, the Department corresponding to a few expenses. Period of Investigation issued a second supplemental However, ADPICO did not supply any The POI is October 1, 2010, through questionnaire for section A. Universal such information with respect to its September 30, 2011. This period submitted its response on May 4, 2012, comparison market sales. Rather, the corresponds to the four most recent and provided additional information on only information ADPICO provided fiscal quarters prior to the month of the May 10 and 16, 2012. regarding its comparison market sales filing of the petition, October 2011. See was a listing of the total quantity and ADPICO 19 CFR 351.204(b)(1). value of sales to each customer.13 On ADPICO filed its response to section February 22, 2012, petitioners Allied Scope of Investigation A of the Department’s antidumping duty Tube and Conduit and the JMC Steel 11 questionnaire on February 7, 2012. Group filed a letter requesting that the The products covered by this ADPICO’s response to sections B and Department stay the deadline for investigation are certain steel pipe from C of the Department’s antidumping making a sales below cost allegation the UAE. For a full description of the questionnaire was originally due on with respect to ADPICO, noting that scope of this investigation as set forth in January 26, 2012. In response to timely ADPICO’s February 21, 2012, response the Initiation Notice, see the ‘‘Scope of requests for extensions, the Department lacked a comparison market sales the Investigation’’ in Appendix I of this extended the deadline until February 9, database. On March 2, 2012, the notice. 2012, and again until February 16, 2012. Department issued a memorandum Scope Comments However, ADPICO did not file a stating it would stay the deadline for response to sections B and C of the making a sales below cost allegation As noted above, on December 5, 2011, questionnaire on February 16, 2012. On with respect to ADPICO and that the SeAH VINA, a mandatory respondent in February 17, 2012, ADPICO requested deadline would be tied to ADPICO’s the concurrent antidumping and three additional days to submit its submission of usable data. countervailing duty investigations response. Although ADPICO did not file On March 5, 2012, the Department concerning certain steel pipe from this request in a timely manner, the issued a supplemental questionnaire to Vietnam, filed comments arguing that ADPICO for sections A through C. In the the treatment of double and triple 11 ADPICO filed earlier versions of its section A questionnaire response on January 31, 2012, and cover letter to this supplemental stenciled pipe in the scope of these February 5, 2012, but due to issues such as questionnaire, the Department informed investigations differs from previous improper bracketing and a missing or incomplete ADPICO that it must submit its section treatment of these products under other public version, the Department rejected these B database, which was missing entirely orders on circular welded pipe. versions. See Memoranda to The File from Deborah Scott, International Trade Compliance Analyst, from its February 21, 2012, filing, by Specifically, SeAH VINA claims that the ‘‘Circular Welded Carbon Quality Steel Pipe From Brazilian, Korean, and Mexican orders the United Arab Emirates,’’ dated February 3, 2012, 12 The lead company official explained that he on these products exclude ‘‘Standard and February 8, 2012, respectively. In addition, on had been outside the UAE undergoing several pipe that is dual or triple certified/ February 9, 2012, ADPICO submitted another surgeries for cancer. version of its section A questionnaire response with 13 This listing also contained total sales quantities stenciled that enters the U.S. as line altered bracketing and certain information deleted. and values for ADPICO’s U.S. customers. pipe of a kind used for oil and gas

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pipelines * * *’’ 14 According to SeAH proceedings initiated on a given product facts otherwise available in reaching the VINA: (i) If the term ‘‘class or kind of many years ago may have end use applicable determination. Section merchandise’’ has meaning, it cannot classifications while more recent 782(d) of the Act provides that where have a different meaning when applied proceedings on the product would the Department determines a response to the same products in two different not.17 Finally, Certain Petitioners have to a request for information does not cases; and (ii) the distinction between indicated the domestic industry’s intent comply with the request, the standard and line pipe reflected in the to include multi-stenciled products that Department will so inform the party Brazil, Korea and Mexico orders derives otherwise meet the physical submitting the response and will, to the from customs classifications characteristics set out in the scope. extent practicable, provide that party administered by CBP and, thus, is more Therefore, the Department is not the opportunity to remedy or explain administrable. adopting SeAH VINA’s proposed the deficiency. If the party fails to On December 14, 2011, Allied Tube modification of the scope. remedy the deficiency within the and Conduit, JMC Steel Group, and Selection of Respondents applicable time limits and subject to Wheatland Tube (collectively, Certain section 782(e) of the Act, the Petitioners), responded to SeAH VINA’s Section 777A(c)(1) of the Act directs Department may disregard all or part of comments stating that the scope as it the Department to calculate individual the original and subsequent responses, appeared in the Initiation Notice dumping margins for each known as appropriate. Section 782(e) of the Act reflected Petitioners’ intended coverage. exporter and producer of the subject states further that the Department shall Certain Petitioners contend that pipe merchandise. Section 777A(c)(2) of the not decline to consider submitted that is multi-stenciled to both line pipe Act gives the Department discretion, information if all of the following and standard pipe specifications and when faced with a large number of requirements are met: (1) The meets the physical characteristics listed exporters or producers, to limit its information is submitted by the in the scope (i.e., is 32 feet in length or examination to a reasonable number of established deadline; (2) the information less; is less than 2.0 inches (50mm) in such companies if it is not practicable can be verified; (3) the information is outside diameter; has a galvanized and/ to examine all companies. As explained not so incomplete that it cannot serve as or painted (e.g., polyester coated) in the Respondent Selection a reliable basis for reaching the surface finish; or has a threaded and/or Memorandum, the Department applicable determination; (4) the coupled end finish) is ordinarily used in determined that it was appropriate to interested party has demonstrated that it standard pipe applications. Certain limit the number of producers or acted to the best of its ability; (5) the Petitioners state that, in recent years, the exporters examined in this information can be used without undue Department has rejected end-use scope investigation, and therefore we selected difficulties. classifications, preferring instead to rely the two respondents which accounted After multiple requests by ADPICO on physical characteristics to define for the largest volume of imports of for extensions to submit its response to coverage, and the scope of these subject merchandise during the POI, sections B and C of the Department’s investigations has been written ADPICO and Universal. antidumping questionnaire, the accordingly. Therefore, Certain Use of Facts Otherwise Available Department stated the following in a Petitioners ask the Department to reject letter to ADPICO dated February 17, SeAH VINA’s proposed scope For the reasons discussed below, we 2012: modification. determine that the use of facts otherwise We agree with Certain Petitioners that available with an adverse inference is Please be aware that any future the Department seeks to define the appropriate for the preliminary questionnaire or supplemental questionnaire responses filed with the Department, as well scopes of its proceedings based on the determination with respect to ADPICO. as any requests for an extension to file any physical characteristics of the A. Use of Facts Available such responses, must be submitted in a merchandise.15 Moreover, we disagree timely manner. The Department’s with SeAH VINA’s contention that once Section 776(a)(2) of the Act provides antidumping investigations are governed by a ‘‘class or kind of merchandise’’ has that, if an interested party withholds statutory deadlines which are mandatory, not been established that the same scope information requested by the optional, in nature, and we must remind you description must apply across all administering authority, fails to provide that untimely or otherwise deficient filings proceedings involving the product. For such information by the deadlines for hinder the progress of this investigation. example, as the Department has gained submission of the information or in the We also noted that ‘‘future untimely experience in administering form and manner requested, subject to filings may result in the rejection of antidumping duty and countervailing subsections (c)(1) and (e) of section 782 such responses in their entirety, and duty orders, it has shifted away from of the Act, significantly impedes a may warrant the use of partial or total end use classifications to scopes defined proceeding under this title, or provides facts available, pursuant to section by the physical characteristics.16 Thus, such information but the information 776(a) of the {Act} * * *, which may cannot be verified as provided in include adverse inferences pursuant to 14 See SeAH Vina comments dated December 5, section 782(i) of the Act, the section 776(b) of the Act.’’ 2011; see also Certain Circular Welded Non-Alloy administering authority shall use, ADPICO filed a response to sections B Steel Pipe from Brazil, the Republic of Korea, and and C of the questionnaire on February Taiwan; and Certain Circular Welded Carbon Steel subject to section 782(d) of the Act, the Pipes and Tubes From Taiwan: Final Results of the 21, 2012, which was the deadline Expedited Third Sunset Reviews of the 17 Compare, e.g., Countervailing Duty Order: Oil established in the Department’s Antidumping Duty Order, 76 FR 66899, 66900 Country Tubular Goods from Canada, 51 FR 21783 February 17, 2012, letter, but this (October 28, 2011). (June 16, 1986) (describing subject merchandise as response, even after nearly one month of 15 See Notice of Final Determination of Sales at being ‘‘intended for use in drilling for oil and gas’’) Less Than Fair Value and Affirmative Final with Certain Oil Country Tubular Goods From the extensions from the original deadline, Determination of Critical Circumstances: Circular People’s Republic of China: Amended Final contained myriad significant Welded Carbon Quality Steel Pipe from the People’s Affirmative Countervailing Duty Determination and deficiencies. Sections B and C of the Republic of China, 73 FR 31970 (June 5, 2008), and Countervailing Duty Order, 75 FR 3203 (January 20, accompanying Issues and Decision Memorandum at 2010) (describing the subject merchandise in terms Department’s antidumping Comment 1. of physical characteristics without regard to use or questionnaire request that respondents 16 Id. intended use). provide databases containing detailed

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information about their comparison (or supplemental questionnaire. ADPICO filed a supplemental third-country) market and U.S. sales, Specifically, the Department indicated questionnaire response on March 20 and including information such as product that the due date for ADPICO’s section 21, 2012. characteristics, terms of sale, customer B database was March 12, 2012, and the ADPICO did not submit its section B names, invoice numbers and dates, deadline for ADPICO to submit the database by the established deadline or shipment and payment dates, quantities, remainder of its supplemental request an extension to submit that gross unit prices, and the expenses questionnaire response was March 19, portion of its response in a timely incurred in making such sales. In 2012. The Department also noted in the manner. Accordingly, the Department addition, sections B and C of the cover letter to its March 5, 2012, issued a letter on March 30, 2012, Department’s antidumping supplemental questionnaire: stating that ADPICO’s March 20 and 21, questionnaire ask that respondents The Department must conduct this 2012, submissions were untimely and, discuss the details of their sales in investigation in accordance with statutory therefore, the Department was rejecting narrative format and submit worksheets and regulatory deadlines. If you are unable to ADPICO’s March 20 and 21, 2012, showing the calculation of the sales respond completely to every question in the submissions in their entirety and expenses reported in their databases. In attached supplemental questionnaire by the deleting them from the record. The this case, ADPICO’s narrative response established deadline, or are unable to provide Department further stated it would not all requested supporting documentation by consider the information contained in for sections B and C totaled only one the same date, you must notify the official in page; ADPICO did not provide a charge and submit a written request for an those submissions in the preliminary database detailing its comparison extension of the deadline for all or part of the determination. market sales; it did not submit its U.S. supplemental questionnaire response. * * * In this case, ADPICO failed to provide sales database in the format requested, An extension request submitted without a requested information by the and some of the requested data were proper certification for any factual established deadline within the missing; and ADPICO did not include information contained therein will be meaning of section 776(a)(2)(B) of the any worksheets showing how it considered improperly filed and, as with any Act and significantly impeded the other improperly filed document, will not be proceeding within the meaning of calculated the expenses incurred in accepted. Any extension granted in response making its comparison market and U.S. to your request will be in writing; otherwise, section 776(a)(2)(C) of the Act. As noted sales. In this state, ADPICO’s responses the original deadline will apply. above, we provided ADPICO with an opportunity to remedy its deficient could not be relied upon to calculate a Furthermore, we stated: dumping margin. Given the substantial responses, pursuant to section 782(d) of deficiencies in ADPICO’s response, If the Department does not receive either the Act, but ADPICO failed to do so. particularly the lack of a home market the requested information or a written Because ADPICO did not provide the extension request before 5 p.m. ET on the requested information by the sales database, petitioners Allied Tube established deadline, we may conclude that and Conduit and the JMC Steel Group your company has decided not to cooperate established deadline, its submissions do filed a letter on February 22, 2012, in this proceeding. The Department will not not satisfy the criteria of section 782(e) requesting that the Department stay the accept any requested information submitted of the Act. Further, as discussed below, deadline for making a sales below cost after the deadline. As required by section ADPICO did not act to the best of its allegation with respect to ADPICO. On 351.302(d) of our regulations, we will reject ability in providing the requested March 2, 2012, the Department issued a such submissions as untimely. Therefore, information, and therefore did not failure to properly request extensions for all satisfy the criteria of section 782(e) of memorandum stating that the deadline or part of a questionnaire response may result for making a sales below cost allegation in the application of partial or total facts the Act for this reason as well. would be tied to ADPICO’s submission available, pursuant to section 776(a) of the Accordingly, pursuant to section of usable data. Act, which may include adverse inferences, 776(a)(2) of the Act, we are relying upon On March 5, 2012, the Department pursuant to section 776(b) of the Act. facts otherwise available for ADPICO’s issued a supplemental questionnaire to ADPICO did not submit its section B antidumping duty margin. ADPICO to provide it an opportunity to database by the established deadline of B. Application of Adverse Inferences for remedy the significant deficiencies in its March 12, 2012. On March 19, 2012, Facts Available section B questionnaire response, to ADPICO requested an extension until Section 776(b) of the Act provides correct deficiencies, and to provide March 20, 2012 to respond to the entire that, if the Department finds that an additional information regarding its supplemental questionnaire. In its letter, interested party has failed to cooperate responses to sections A and C of the ADPICO stated that it had been by not acting to the best of its ability to original questionnaire. With respect to experiencing problems with the comply with a request for information, sections B and C, the Department’s Department’s electronic filing system, the Department may use an inference March 5, 2012, supplemental IA ACCESS. However, the Department adverse to the interests of that party in questionnaire essentially asked ADPICO considered this explanation inadequate selecting the facts otherwise available.18 to refer back to the original as by that point, ADPICO’s home market In addition, the Statement of questionnaire and respond fully to each database was already one week overdue, Administrative Action accompanying section therein, while providing and ADPICO had not attempted to the Uruguay Round Agreements Act, ADPICO with additional guidance on contact the Department on or around the H.R. Rep. 103–316, Vol. 1, 103d Cong. how to respond properly. Because the deadline of March 12, 2012, to address (1994) (SAA) explains that the Department had not yet received a the alleged technical difficulties. As a Department may employ an adverse comparison market database or even a result, ADPICO’s request on March 19, narrative response to section B of the 2012, for additional time to submit its 18 See Notice of Final Results of Antidumping questionnaire at that point in the home market sales database, a Duty Administrative Review: Stainless Steel Bar investigation, we established a deadline significant portion of the information from India, 70 FR 54023, 54025–26 (September 13, for ADPICO to submit its section B needed to conduct our analysis, was 2005), and Notice of Final Determination of Sales at Less Than Fair Value and Final Negative Critical database that was earlier than the untimely. The Department did not Circumstances: Carbon and Certain Alloy Steel deadline for the rest of ADPICO’s extend the deadline for any portion of Wire Rod from Brazil, 67 FR 55792, 55794–96 response to the March 5, 2012, ADPICO’s supplemental questionnaire. (August 30, 2002).

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inference ‘‘to ensure that the party does information in a proper and timely does not obtain a more favorable result not obtain a more favorable result by manner has precluded the Department by failing to cooperate than if it had failing to cooperate than if it had from performing the necessary analysis fully cooperated.29 cooperated fully.’’ 19 Furthermore, and verification of ADPICO’s Section 776(c) of the Act provides affirmative evidence of bad faith on the questionnaire responses required by that, when the Department relies on part of a respondent is not required section 782(i)(1) of the Act and within secondary information rather than on before the Department may make an the time required to complete an information obtained in the course of an adverse inference.20 It is the investigation. investigation as facts available, it must, Department’s practice to consider, in For the reasons discussed above, the to the extent practicable, corroborate employing adverse inferences, the Department has preliminarily that information from independent extent to which a party may benefit determined that ADPICO has failed to sources reasonably at its disposal. from its own lack of cooperation.21 cooperate to the best of its ability and, Secondary information is described in Despite granting ADPICO numerous therefore, in selecting from among the the SAA as ‘‘information derived from extensions of time to submit facts otherwise available, an adverse the petition that gave rise to the information critical to the antidumping inference is warranted, pursuant to investigation or review, the final 25 analysis and providing ADPICO with section 776(b) of the Act. determination concerning the subject notice of the consequences of the failure C. Selection and Corroboration of merchandise, or any previous review to respond to our antidumping Information Used as Facts Available under section 751 concerning the questionnaires or to request extensions subject merchandise.’’ See SAA at 870. Where the Department applies AFA in a timely manner, ADPICO failed to The SAA provides that to ‘‘corroborate’’ because a respondent failed to cooperate provide a timely response to a critical means simply that the Department will portion of the Department’s March 5, by not acting to the best of its ability to comply with a request for information, satisfy itself that the secondary 2012, supplemental questionnaire, i.e., information to be used has probative its home market sales database, by the section 776(b) of the Act authorizes the Department to rely on information value. Id. The Department’s regulations established deadline of March 12, state that independent sources used to 2012.22 Further, having given ADPICO derived from the petition, a final determination, a previous corroborate such evidence may include, an opportunity to correct the other for example, published price lists, significant deficiencies identified in its administrative review, or other information placed on the record.26 In official import statistics and customs original responses, ADPICO failed to do data, and information obtained from so by the deadline of March 19, 2012, selecting a rate for AFA, the Department interested parties during the particular requesting yet another extension, which selects a rate that is sufficiently adverse investigation. See 19 CFR 351.308(d); we did not grant. These failures indicate to ensure that the uncooperative party see also the SAA at 870. To corroborate that ADPICO did not ‘‘put forth its does not obtain a more favorable result secondary information, the Department maximum effort to provide Commerce by failing to cooperate than if it had will, to the extent practicable, examine with full and complete answers to all fully cooperated. Normally, it is the the reliability and relevance of the inquiries in {this} investigation.’’ 23 Department’s practice to use the highest information used.30 Moreover, ‘‘{i}t is {respondent’s} rate from the petition in an investigation burden to create an accurate record when a respondent fails to act to the The AFA rate the Department has during Commerce’s investigation.’’ 24 best of its ability to provide the used for ADPICO is from the petition. ADPICO’s repeated failure to submit necessary information.27 The rates in During our pre-initiation analysis, we the petition range from 6.23 percent to examined evidence supporting the 19 See SAA at 870; see also, e.g., Certain Polyester 11.71 percent.28 We have selected the calculations in the petition and the Staple Fiber from Korea: Final Results of the 2005– highest petition rate of 11.71 percent as supplemental information provided by 2006 Antidumping Duty Administrative Review, 72 AFA for ADPICO. This rate achieves the petitioners to determine the probative FR 69663 (December 10, 2007). purpose of applying an adverse value of the margins alleged in the 20 See, e.g., Notice of Final Determination of Sales at Less Than Fair Value: Circular Seamless inference, i.e., it is sufficiently adverse petition. During our pre-initiation Stainless Steel Hollow Products From Japan, 65 FR to ensure that the uncooperative party analysis, we also examined the 42985 (July 12, 2000); Antidumping Duties, information used as the basis of the Countervailing Duties, 62 FR 27296, 27340 (May 19, 25 See, e.g., Notice of Preliminary Determinations export price (EP) and normal value (NV) 1997); and Nippon Steel Corp. v. United States, 337 of Sales at Less Than Fair Value: Steel Concrete in the petition to derive the alleged F.3d 1373, 1382–83 (Fed. Cir. 2003) (Nippon Steel) Reinforcing Bars From Poland, Indonesia, and (‘‘While intentional conduct, such as deliberate Ukraine, 66 FR 8343, 8346 (January 30, 2001) margins, thereby corroborating key concealment or inaccurate reporting, surely evinces (unchanged in Notice of Final Determinations of elements of the EP and NV calculations a failure to cooperate, the statute does not contain Sales at Less Than Fair Value: Steel Concrete and establishing the basis for the an intent element.’’) Reinforcing Bars from Indonesia, Poland and estimated margins identified in the 21 See Essar Steel Ltd. v. United States, 2012 U.S. Ukraine, 66 FR 18752, 18753 (April 11, 2001)) and App. LEXIS 8621 at *18 (Fed. Cir. Apr. 27, 2012) Notice of Final Determination of Sales at Less Than (Essar). (‘‘Because Commerce lacks subpoena Fair Value: Circular Seamless Stainless Steel 29 See Gallant Ocean (Thailand) Co. v. United power, Commerce’s ability to apply adverse facts is Hollow Products From Japan, 65 FR 42985, 42986 States, 602 F.3d 1319, 1323 (Fed. Cir. 2010). an important one. The purpose of the adverse facts (July 12, 2000) (where the Department applied total 30 See Tapered Roller Bearings and Parts Thereof, statute is ‘to provide respondents with an incentive adverse facts available (AFA) where respondents Finished and Unfinished, From Japan, and Tapered to cooperate’ with Commerce’s investigation, not to failed to respond to questionnaires in a timely Roller Bearings, Four Inches or Less in Outside impose punitive damages.’’) manner). Diameter, and Components Thereof, From Japan; 22 See Essar at *19 (‘‘Without the ability to 26 See also 19 CFR 351.308(c) and the SAA at Preliminary Results of Antidumping Duty enforce full compliance with its questions, 868–870. Administrative Reviews and Partial Termination of Commerce runs the risk of gamesmanship and lack 27 See, e.g., Notice of Preliminary Determination Administrative Reviews, 61 FR 57391, 57392 of finality in its investigations.’’). of Sales at Less Than Fair Value and Postponement (November 6, 1996), unchanged in Tapered Roller 23 See Nippon Steel, 337 F.3d at 1382 (While the of Final Determination: Purified Bearings and Parts Thereof, Finished and ‘‘ ‘best of its ability’ ’’ ‘‘standard does not require Carboxymethylcellulose From Finland, 69 FR 77216 Unfinished, From Japan, and Tapered Roller perfection and recognizes that mistakes sometimes (December 27, 2004) (unchanged in Notice of Final Bearings, Four Inches or Less in Outside Diameter, occur, it does not condone inattentiveness, Determination of Sales at Less Than Fair Value: and Components Thereof, From Japan; Final carelessness, or inadequate recordkeeping.’’). Purified Carboxymethylcellulose From Finland, 70 Results of Antidumping Duty Administrative 24 See Essar at *22 (citing Zenith Elecs. Corp. v. FR 28279 (May 17, 2005)). Reviews and Termination in Part, 62 FR 11825 United States, 988 F.2d 1573, 1583 (Fed. Cir. 1993)). 28 See Initiation Notice, 76 FR at 72168. (March 13, 1997).

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Initiation Notice.31 Petitioners’ transaction-specific margins we information, see Memorandum to the methodology for calculating EP and NV calculated for Universal in this File, through Robert James, Program in the petition is discussed in the investigation. A similar corroboration Manager, from Deborah Scott, Initiation Notice.32 These calculations methodology has been upheld by the International Trade Analyst, ‘‘Analysis appear reasonable and no information court.35 Further, it is consistent with our Memorandum for the Preliminary on the record provides a basis for past practice.36 Determination of the Antidumping Duty challenging the appropriateness of those Accordingly, by using information Investigation of Circular Welded estimated margins. Therefore, because that was corroborated in the pre- Carbon-Quality Steel Pipe from the we confirmed the accuracy and validity initiation stage of this investigation and United Arab Emirates,’’ dated May 23, of the information underlying the preliminarily determining it to be 2012 (Universal Preliminary Analysis calculation of margins in the petition by reliable and relevant for the Memorandum) for more information. examining source documents as well as uncooperative respondent in this Section 351.401(f)(1) of the publicly available information, we investigation, we have corroborated the Department’s regulations outlines the preliminarily determine that the AFA rate of 11.71 percent ‘‘to the extent criteria for collapsing (i.e., treating as a margins in the petition and in the practicable’’ as provided in section single entity) affiliated producers for Initiation Notice are reliable for the 776(c) of the Act. See also 19 CFR purposes of calculating a dumping purposes of this investigation. 351.308(d). Therefore, for ADPICO we margin. The regulations state that we With respect to the relevance aspect have used, as AFA, the margin in the will treat two or more affiliated of corroboration, the Department will petition of 11.71 percent, as set forth in producers as a single entity where (1) consider information reasonably at its the Initiation Notice. those producers have production disposal as to whether there are facilities for similar or identical circumstances that would render a Affiliation and Collapsing—Universal products that would not require margin irrelevant. Where circumstances Section 771(33) of the Act provides substantial retooling of either facility in indicate that the selected margin is not that: order to restructure manufacturing appropriate as AFA, the Department The following persons shall be considered priorities and (2) we conclude that there will disregard the margin and determine to be ‘affiliated’ or ‘affiliated persons’: is a significant potential for the an appropriate margin.33 The rates in (A) Members of a family, including manipulation of price or production. In the petition reflect commercial practices brothers and sisters (whether by the whole or identifying a significant potential for the of the steel pipe industry and, as such, half blood), spouse, ancestors, and lineal manipulation of price or production, the are relevant to ADPICO. Commercial descendants. Department may consider the following behavior inherent in the industry is (B) Any officer or director of an factors: (i) The level of common organization and such organization. ownership; (ii) the extent to which important in determining the relevance (C) Partners. of the selected AFA rate to the (D) Employer and employee. managerial employees or board uncooperative respondent by virtue of it (E) Any person directly or indirectly members of one firm sit on the board of belonging to the same industry.34 Such owning, controlling, or holding with power directors of an affiliated firm; (iii) consideration typically encompasses the to vote, 5 percent or more of the outstanding whether operations are intertwined, commercial behavior of other voting stock or shares of any organization such as through the sharing of sales respondents under investigation and the and such organization. information, involvement in production selected AFA rate is gauged against the (F) Two or more persons directly or and pricing decisions, the sharing of indirectly controlling, controlled by, or under margins we calculate for those facilities or employees, or significant common control with, any person. transactions between the affiliated respondents. Therefore, we compared (G) Any person who controls any other the transaction-specific margins we person and such other person. producers. See 19 CFR 351.401(f)(2). calculated for Universal for the POI to Based on information on the record, we Additionally, section 771(33) of the the petition rate of 11.71 percent, find that, as UTP, KHK, and DIP each Act stipulates that: ‘‘For purposes of this selected as AFA in this investigation, in produced the merchandise under paragraph, a person shall be considered order to determine whether the rate of consideration during the POI, they had to control another person if the person 11.71 percent is probative. We found production facilities for similar or is legally or operationally in a position that a number of transaction-specific identical merchandise that would not to exercise restraint or direction over the margins we calculated for Universal in require substantial retooling of any of other person.’’ the three facilities in order to restructure this investigation were higher than or In its questionnaire responses, within the range of the 11.71 percent their manufacturing priorities. We also Universal indicated it was reporting the find that there was a significant margin alleged in the petition. sales of three producers, UTP, KHK, and Accordingly, the AFA rate is relevant as potential for the manipulation of price DIP, since all three companies are or production among the three applied to ADPICO for this investigation affiliated and manufacture subject because it falls within the range of companies based on their common merchandise. See, e.g., Universal’s AQR ownership and their intertwined at 2. Based on the record evidence, we 31 operations. Accordingly, the See Initiation Notice, 76 FR at 72166–68. found that UTP, KHK, and DIP are 32 Id. Department has preliminarily 33 See Fresh Cut Flowers From Mexico; Final affiliated pursuant to section 771(33) of determined that it is appropriate to treat Results of Antidumping Duty Administrative the Act by virtue of their ownership UTP, KHK, and DIP as a single entity, Review, 61 FR 6812, 6814 (February 22, 1996) (the through Taurani Holdings Limited. pursuant to 19 CFR 351.401(f)(1) and Department disregarded the highest dumping Because our analysis of affiliation margin as best information available because the (2). For a more detailed discussion of margin was based on another company’s involves the use of business proprietary our collapsing analysis, see Universal uncharacteristic business expense resulting in an Preliminary Analysis Memorandum. unusually high margin). 35 See PAM, S.p.A. v. United States, 582 F.3d 34 See, e.g., Stainless Steel Bar from Spain: Final 1336, 1340 (Fed. Cir. 2009). Allegation of Targeted Dumping Results of Antidumping Duty Administrative 36 See Narrow Woven Ribbons With Woven Review, 72 FR 42395 (August 2, 2007), and Selvedge From the People’s Republic of China: Section 777A(d)(1)(B) of the Act accompanying Issues and Decision Memorandum at Final Determination of Sales at Less Than Fair allows the Department to employ an Comment 6. Value, 75 FR 41808, 41811 (July 19, 2010). alternative dumping margin calculation

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methodology in an AD investigation calculations. For further discussion of thickness, coating, and end finish) and, under the following circumstances: (1) the test and the results, see Universal as noted above, gave parties to this and There is a pattern of EPs or CEPs for Preliminary Analysis Memorandum. As the concurrent AD investigations an comparable merchandise that differ a result of our analysis, we preliminarily opportunity to comment within a significantly among purchasers, regions, determine that there is a pattern of U.S. certain deadline. The only timely or periods of time; and (2) the prices for comparable merchandise that comments submitted were from UTP Department explains why such differs significantly among certain and its U.S. affiliate, Prime Metal. UTP differences cannot be taken into account customers, time periods, and regions for and Prime Metal requested that the using the standard average-to-average or Universal in accordance with section placement of the coating characteristic transaction-to-transaction methodology. 777A(d)(1)(B)(i) of the Act and our in the model match hierarchy be On April 4, 2012, petitioner current practice as discussed in Nails adjusted from that proposed by the Wheatland Tube submitted a timely and Wood Flooring. Department, so that it would be the allegation of targeted dumping with B. Price Comparison Method highest in the hierarchy. UTP and Prime respect to Universal, arguing the Metal argued that the coating Department should apply the average- Section 777A(d)(1)(B)(ii) of the Act characteristic should be highest in the to-transaction methodology to all states that the Department may compare hierarchy of product characteristics reported U.S. sales in calculating the weighted average of the NV to EPs because significant cost and price Universal’s dumping margin. In its or CEPs of individual transactions for differences are associated with whether allegation, petitioner asserted there are comparable merchandise if the or not pipes are coated with zinc patterns of U.S. prices for comparable Department explains why differences in (galvanized), and because of differences merchandise that differ significantly the patterns of EPs and CEPs cannot be in end uses between galvanized pipes among customers, time periods, and taken into account using the average-to- and pipes that are not galvanized. regions. The petitioner relied on the average methodology. As described None of the interested parties objected Department’s current version of the above, we preliminarily determine that, to the inclusion of the coating product targeted dumping test first introduced in with respect to sales by Universal, for characteristic in the hierarchy, and none Certain Steel Nails from the United certain customers, time periods, and of the interested parties in the four Arab Emirates: Notice of Final regions there was a pattern of prices that concurrent certain steel pipe Determination of Sales at Not Less Than differed significantly. For Universal, we antidumping investigations (India, Fair Value (Nails) and recently clarified find that these differences cannot be Oman, UAE, and Vietnam) other than in Multilayered Wood Flooring From the taken into account using the standard UTP and Prime Metal suggested that the People’s Republic of China: Final average-to-average methodology because placement of the coating product Determination of Sales at Less Than the average-to-average methodology characteristic in the model match 37 Fair Value (Wood Flooring). conceals differences in the patterns of hierarchy should be changed from that prices between the targeted and non- A. Targeted Dumping Test originally proposed by the Department. targeted groups by averaging low-priced The Department is not modifying the We conducted customer, time-period, sales to the targeted group with high- model match hierarchy that it originally and regional analyses of targeted priced sales to the non-targeted group. proposed to incorporate the suggestion dumping for Universal using the Therefore, the Department preliminarily of UTP and Prime Metal. The goal of the methodology we adopted in Nails and determines, pursuant to product characteristic hierarchy is to most recently articulated in Wood 777A(d)(1)(B)(ii) of the Act, that the identify the best possible matches with Flooring. The methodology we standard average-to-average respect to the characteristics of the employed involves a two-stage test; the methodology does not take into account merchandise. While variations in cost first stage addresses the pattern Universal’s price differences because may suggest the existence of variation in requirement and the second stage the alternative average-to-transaction product characteristics, such variations addresses the significant-difference methodology yields a material do not constitute differences in products requirement.38 In this test, we made all difference in the margin. Accordingly, in and of themselves. Furthermore, the price comparisons on the basis of for this preliminary determination we magnitude of variations in cost may identical merchandise (i.e., by control have applied the alternative average-to- differ from company to company, and number or CONNUM). The test transaction methodology to all of procedures are the same for the Universal’s reported U.S. sales to even for a given company over time, and customer, time-period, and regional calculate the dumping margin for therefore do not, in and of themselves, allegations of targeted dumping. We Universal.39 See Universal Preliminary provide a reliable basis for identifying based all of our targeted dumping Analysis Memorandum for further the relative importance of different calculations on the U.S. net price, discussion. product characteristics. The Department which we determined for Universal’s has noted that for defining products and U.S. sales in our standard margin Product Comparisons creating a model match hierarchy, The Department identified five ‘‘{t}he physical characteristics are used 37 See Nails, 73 FR 33985 (June 16, 2008), and criteria for matching U.S. sales of to distinguish the differences among accompanying Issues and Decision Memorandum subject merchandise to normal value products across the industry,’’ that (Nails Decision Memorandum) at Comments 1–9 (specification/grade, diameter, wall ‘‘{c}ost is not the primary factor for and Wood Flooring, 76 FR 64318 (October 18, 2011), and accompanying Issues and Decision establishing these characteristics,’’ and, Memorandum (Wood Flooring Decision 39 See Certain Coated Paper Suitable for High- in short, ‘‘{c}ost variations are not the Memorandum) at Comment 4, respectively. See also Quality Print Graphics Using Sheet-Fed Presses determining factor in assigning product Proposed Methodology for Identifying and From Indonesia: Preliminary Determination of Sales characteristics for model-matching Analyzing Targeted Dumping in Antidumping at Less Than Fair Value and Postponement of Final 40 Investigations; Request for Comment, 73 FR 26371 Determination, 75 FR 24885, 24888 (May 6, 2010) purposes.’’ (May 9, 2008). and Polyethylene Retail Carrier Bags From 38 See Nails Decision Memorandum at Comments Indonesia: Final Determination of Sales at Less 40 See Stainless Steel Wire Rod from Sweden: 3 and 6 and Wood Flooring Decision Memorandum Than Fair Value, 75 FR 16431 (April 1, 2010), and Final Results of Antidumping Duty Administrative at Comment 4; see also section 777A(d)(1)(B)(i) of accompanying Issues and Decision Memorandum at Review, 73 FR 12950 (March 11, 2008), and the Act. Comment 1. accompanying Issues and Decision Memorandum at

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UTP and Prime Metal also refer to use the date of invoice, as recorded in its U.S. sales during the POI were price and end-use differences regarding the producer’s or exporter’s records kept shipped directly from the UAE to the galvanized versus non-galvanized pipe, in the ordinary course of business, as U.S. customer. Universal described but the Department’s proposed the date of sale. The regulation provides these sales as ‘‘direct CEP shipments,’’ hierarchy for the certain steel pipe further that the Department may use a whereby its U.S. affiliate, Prime Metals, antidumping duty investigations did date other than the date of the invoice made the sale, and then Universal include coating as a characteristic if the Secretary is satisfied that a manufactured the pipe and shipped it because whether or not the product is different date better reflects the date on directly to the United States. See coated (e.g., galvanized) is important which the material terms of sale are Universal’s CQR at 2. Universal enough to distinguish products from established. The Department has a long- requested that the Department excuse it one another. However, differences in standing practice of finding that, where from reporting the remaining quantity of other product characteristics also shipment date precedes invoice date, influence potential end uses. Neither shipment date better reflects the date on its U.S. sales, which were made from UTP nor Prime Metal demonstrated why which the material terms of sale are Prime Metal’s inventory, claiming that the coating product characteristic established.41 the small quantity coupled with the should be considered the most For its home market sales, Universal merchandise being co-mingled with important of all when defining models indicated that the sales invoice is merchandise purchased from other U.S. and for comparison purposes and, as normally issued at the same time or a suppliers would make it difficult to noted above, no other interested parties few days after shipment, and it reported report these sales. See Universal’s AQR argued for such a change in a timely the earlier of shipment date or invoice at 3–4, footnote 1. In our February 24, manner. date as the date of sale. See Universal’s 2012, section A supplemental Therefore, as noted above, the March 20, 2012, section A supplemental questionnaire, we informed Universal Department is not modifying the questionnaire response (ASQR) at 11 that we were preliminarily not requiring hierarchy it proposed at the outset of the and its February 21, 2012, section B it to report its U.S. sales through AD investigations and included in the questionnaire response (BQR) at 15–16. inventory. questionnaires it issued to respondents For its U.S. sales, Universal stated that in these investigations. In accordance its sales are shipped directly from For the price to the United States, we with section 771(16) of the Act, all Universal to the unaffiliated U.S. used CEP, in accordance with section products produced by Universal customer, and therefore it reported the 772(b) of the Act. We calculated CEP for covered by the description in the bill of lading date, which it those sales where a person in the United ‘‘Scope of the Investigation’’ in characterized as the shipment date, as States, affiliated with the foreign Appendix I of this notice, below, and the date of sale since shipment occurs exporter or acting for the account of the sold in the UAE during the POI are before issuance of the invoice from exporter, made the sale to the first considered to be the foreign like product Prime Metal to the U.S. customer. See unaffiliated purchaser in the United for purposes of determining appropriate Universal’s February 21, 2012, section C States of the subject merchandise. See product comparisons to U.S. sales. We questionnaire response (CQR) at 11–12. section 772(b) of the Act. We based CEP have relied on five criteria to match U.S. For these preliminary results, we have on the packed prices charged to the first sales of subject merchandise to used the date of sale as reported by unaffiliated customer in the United comparison market sales of the foreign Universal, i.e., shipment date where it States and the applicable terms of sale. like product: (1) Pipe specification and precedes the invoice date, and invoice In accordance with section 772(b) of grade; (2) outside diameter; (3) wall date in the remaining instances, in the Act, we calculated CEP where the thickness; (4) coating; and (5) end accordance with our practice. finish. Where there were no sales of record established that sales made by identical merchandise in the home Fair Value Comparisons Universal were made in the United market made in the ordinary course of To determine whether Universal States after the date of importation by or trade to compare to U.S. sales, we made sales of certain steel pipe to the for the account of the producer or compared U.S. sales to sales of the next United States at LTFV, we compared the exporter, or by a seller affiliated with most similar foreign like product on the constructed export price (CEP) to NV the producer or exporter, to a purchaser basis of the characteristics listed above and as described in the ‘‘Constructed not affiliated with the producer or which were made in the ordinary course Export Price’’ and ‘‘Normal Value’’ exporter. of trade. See Universal Preliminary sections of this notice. In accordance In accordance with section Analysis Memorandum for additional with section 777A(d)(1)(B) of the Act, 772(c)(2)(A) of the Act, and where information. we compared transaction-specific CEPs appropriate, we made deductions from Date of Sale to POI weighted-average NVs. the starting price for certain billing The regulation at 19 CFR 351.401(i) Constructed Export Price adjustments and early payment states that the Department normally will As noted above in the ‘‘Background’’ discounts. We made further deductions section of this notice, Universal to price for certain movement expenses Comment 1. Also, the Department’s ‘‘ * * * reported that all but a minor quantity of (offset by reported freight revenue), selection of model match characteristics {is based} where appropriate, for foreign inland on unique measurable physical characteristics that the product can possess * * *.’’ and ‘‘ * * * 41 See, e.g., Notice of Final Determination of Sales freight, foreign brokerage and handling, differences in price or cost, standing alone, are not at Less Than Fair Value and Negative Final ocean freight, marine insurance, U.S. sufficient to warrant inclusion in the Department’s Determination of Critical Circumstances: Certain inland freight, certain other model-match of characteristics which a respondent Frozen and Canned Warmwater Shrimp From claims to be the cause of such differences * * *.’’ Thailand, 69 FR 76918 (December 23, 2004), and transportation expenses, and U.S. See Notice of Final Determination of Sales at Less accompanying Issues and Decision Memorandum at brokerage expenses, pursuant to section Than Fair Value; Certain Cold-Rolled Flat-Rolled Comment 10; see also Notice of Final Determination 772(c)(2)(A) of the Act. In accordance Carbon-Quality Steel Products from Turkey, 65 FR of Sales at Less Than Fair Value: Structural Steel 15123 (March 21, 2000), and accompanying Issues Beams From Germany, 67 FR 35497 (May 20, 2002), with our practice, we capped and Decision Memorandum at Model Match and accompanying Issues and Decision Universal’s freight revenue at the Comment 1. Memorandum at Comment 2.

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corresponding amount of freight charges distributors consumed the foreign like distribution in the home market: (1) incurred.42 product, it was reporting sales by the Sales by UTP, DIP, and KHK directly to Pursuant to section 772(d)(1) of the affiliated distributors to unaffiliated unaffiliated customers; and (2) sales by Act, we made additional adjustments to customers in the UAE. For the the three affiliated distributors directly CEP for credit expenses, warranty preliminary determination, we have to unaffiliated customers. See, e.g., expenses, inventory carrying costs calculated NV based on downstream Universal’s BQR at 15. In the U.S. incurred in the UAE, and other indirect sales by ALZ, ANA, and DSS. market, Universal reported one channel selling expenses. Pursuant to section of distribution corresponding to the CEP C. Level of Trade 772(d)(3) of the Act, we made an sales made through its affiliated adjustment for CEP profit. For a detailed In accordance with section company in the United States, Prime discussion of these adjustments, see 773(a)(1)(B) of the Act, to the extent Metal. See, e.g., Universal’s CQR at 11. Universal Preliminary Analysis practicable, we determine NV based on Universal claimed that its CEP U.S. Memorandum. sales in the comparison market at the sales were made at a different, less same level of trade (LOT) as the EP or Normal Value advanced LOT than its comparison CEP. See also section 773(a)(7) of the market sales. See, e.g., Universal’s May A. Home Market Viability and Act. Pursuant to 19 CFR 4, 2012 supplemental questionnaire Comparison-Market Selection 351.412(c)(1)(iii), the NV LOT is based response at 2. Because it had no To determine whether there is a on the starting price of the sales in the comparison market sales that were at sufficient volume of sales in the home comparison market or, when NV is the same LOT as its CEP sales, Universal market to serve as a viable basis for based on constructed value, the starting stated that it cannot seek a LOT calculating NV (i.e., the aggregate price of the sales from which we derive adjustment and claimed that a CEP volume of home market sales of the selling, general and administrative offset is warranted. Id. foreign like product is equal to or expenses, and profit. For CEP sales In evaluating Universal’s claim, we greater than five percent of the aggregate (which constituted all of Universal’s examined the sales activities it volume of U.S. sales), we compared reported sales), the U.S. LOT is based on performed for both of its reported home Universal’s volume of home market the starting price of the U.S. sales, as market channels of distribution. Based sales of the foreign like product to its adjusted under section 772(d) of the on our analysis, we preliminarily volume of U.S. sales of the subject Act, which is from the exporter to the determine that Universal made sales at merchandise. See section 773(a)(1)(C) of importer. See 19 CFR 351.412(c)(1)(ii). two different LOTs, because for sales by To determine whether NV sales are at the Act. Based on this comparison, we affiliated distributors, both Universal a different LOT than CEP sales, we determined that Universal had a viable and its affiliated distributors performed examine stages in the marketing process home market during the POI. See various selling activities associated with and selling functions along the chain of Universal’s April 25, 2012 section B and the affiliated distributors’ sales to distribution between the producer and C supplemental questionnaire response unaffiliated customers in the home the unaffiliated customer. See 19 CFR at Exhibit A–38 (quantity and value market, whereas only Universal 351.412(c)(2). If the comparison-market chart). Consequently, we based NV on performed such selling functions for sales are at a different LOT, and the Universal’s home market sales. sales directly to unaffiliated customers. difference affects price comparability, as See, e.g., Universal’s ASQR at 5–10 and B. Affiliated Party Transactions manifested in a pattern of consistent Exhibit A–19. Thus, based on Pursuant to 19 CFR 351.403(d), if an price differences between the sales on Universal’s responses, we preliminarily exporter or producer sold the foreign which NV is based and comparison- determine that Universal sold at two like product through an affiliated party, market sales at the LOT of the export LOTs in the comparison market. the Department may calculate NV based transaction, we make a LOT adjustment Further, based on Universal’s responses, on sales made by such affiliated party. under section 773(a)(7)(A) of the Act. we preliminarily determine that The Department’s regulation further For CEP sales, if the NV level is more Universal sold at one LOT in the U.S. states that the Department normally will remote from the factory than the CEP market since there is only one channel not calculate NV based on sales by an level and there is no basis for of distribution in this market, and the affiliated party if sales of the foreign like determining whether the difference in marketing process and selling functions product by an exporter or producer to levels between NV and CEP affects price are generally the same for all of affiliated parties account for less than comparability, we adjust NV under Universal’s customers in the United five percent of the total value or section 773(a)(7)(B) of the Act (the CEP States. Id. 43 quantity of the exporter’s or producer’s offset provision). We then compared the U.S. LOT to sales of the foreign like product in the In this investigation, we obtained the two LOTs in the comparison market. comparison market or if sales to the information from Universal regarding Record evidence indicates that affiliated party are comparable, as the marketing stages involved in making Universal undertakes significantly fewer defined in 19 CFR 351.403(c). its reported home market and U.S. selling activities for its CEP sales than During the POI, Universal sold the market sales, including a description of it performed for its home market sales. foreign like product to three affiliated the selling activities performed by For example, based on Universal’s distributors in the UAE: Al Zaher Universal and its affiliates for each responses, sales at the U.S. LOT do not Building Materials LLC (ALZ), ANA channel of distribution. See Universal’s include activities such as inventory Steel Trading LLC (ANA), and Dayal AQR at pages 10–15 and Universal’s maintenance, warranty services, and Steel Suppliers (DSS). In its BQR at 7, ASQR at 5–10 and Exhibit A–19 sales/marketing support. Id. Universal stated that since its sales to (revised selling functions chart). Accordingly, we considered the CEP ALZ, ANA, and DSS surpassed five Universal reported two channels of LOT to be different from the two home percent of domestic market sales during market LOTs and to be at a less 43 See Notice of Final Determination of Sales at advanced stage of distribution than the the POI and none of the affiliated Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate from South Africa, 62 FR 61731, 61732– home market LOTs. 42 See Wood Flooring Decision Memorandum at 33 (November 19, 1997) (applying the CEP offset Based on our findings, we could not Comment 39. analysis under section 773(a)(7)(B)). match the CEP sales to sales at the same

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LOT in the home market. In addition, —We included interest expenses prices permit recovery of costs within a we could not make a LOT adjustment associated with loans from the reasonable period of time. because the differences in price between shareholders in the calculation of In this case, we found that, for certain the CEP level of trade and the two home UTP’s, DIP’s, and KHK’s financial products, more than 20 percent of market LOTs could not be quantified expense ratio numerator. Universal’s sales were made at prices due to the lack of an equivalent LOT in —We set UTP’s negative other material less than the COP and, in addition, such the home market to the CEP LOT. Also, costs (which were reported in a sales did not provide for the recovery of there are no other data on the record separate data field of the cost file) to costs within a reasonable period of time. which would allow us to make a LOT zero. Therefore, we excluded these sales and adjustment. Because the data available —For CONNUMs sold but not produced used the remaining sales as the basis for do not form an appropriate basis for during the POI, we used as a surrogate determining NV, in accordance with making a LOT adjustment, and because the most similar product cost based section 773(b)(1) of the Act. See the NV LOTs are more remote from the on the Department’s product Universal Preliminary Analysis factory than the CEP LOT, for this characteristic hierarchy. For Memorandum. preliminary determination we have additional details, see Memorandum made a CEP offset to NV in accordance to Neal M. Halper from Ji Young Oh, E. Calculation of Normal Value Based with section 773(a)(7)(B) of the Tariff ‘‘Cost of Production and Constructed on Comparison-Market Prices Act. In accordance with section Value Calculation Adjustments for the We calculated NV for Universal based 773(a)(7) of the Act, we calculated the Preliminary Determination— on the reported packed, delivered prices CEP offset as the smaller of the indirect Universal Tube and Plastic Industries, to comparison market customers. We selling expenses on the home-market Ltd.’’ dated May 23, 2012 (Universal made deductions from the starting price, sale or the indirect selling expenses we Preliminary Cost Calculation where appropriate, for billing deducted from the starting price in Memorandum). adjustments, inland freight, and calculating CEP. 2. Test of Comparison Market Prices warehousing expenses, pursuant to D. Cost of Production Analysis section 773(a)(6)(B)(ii) of the Act. As required under section 773(b)(1)– Pursuant to section 773(a)(6)(C)(iii) of Based on the Department’s analysis of (2) of the Act, we compared the the Act and 19 CFR 351.410(b), we petitioners’ allegation, we initiated a weighted-average COP for Universal to made, where appropriate, circumstance- sales-below-cost investigation to its home market sales prices of the of-sale adjustments for credit expenses, determine whether Universal had sales foreign like product to determine warranties, and import duties paid on that were made at prices below their whether these sales had been made at finished goods sold in the UAE that COP pursuant to section 773(b) of the prices below the COP within an were produced in the Jebel Ali free trade Act. See Universal Cost Initiation extended period of time (i.e., normally zone. We added U.S. packing costs and Memorandum. a period of one year) in substantial deducted home market packing costs, in quantities and whether such prices were 1. Calculation of Cost of Production accordance with sections 773(a)(6)(A) sufficient to permit the recovery of all and (B)(i) of the Act. In accordance with We calculated the COP based on the costs within a reasonable period of time. 19 CFR 351.410(e), we made an sum of the cost of materials and We compared the model-specific COP to adjustment (i.e., the commission offset) fabrication for the foreign like product, home market prices, less any applicable to account for commissions paid in one plus amounts for selling, general, and billing adjustments, movement charges, market but not the other. Finally, we administrative expenses and packing, in commissions, direct and indirect selling made a CEP offset pursuant to section accordance with section 773(b)(3) of the expenses, and packing. See Universal 773(a)(7)(B) of the Act and 19 CFR Act. We relied on the COP data Preliminary Analysis Memorandum. submitted by Universal except where 351.412(f). We calculated the CEP offset noted below. Based on the review of 3. Results of COP Test as the lesser of the indirect selling expenses incurred on the home market record evidence, Universal did not Pursuant to section 773(b)(2)(C)(i) of sales or the indirect selling expenses appear to experience significant changes the Act, where less than 20 percent of deducted from the starting price in in the cost of manufacturing during the a respondent’s sales of a given product calculating CEP. period of investigation. Therefore, we during the POI are at prices less than the followed our normal methodology of COP, we do not disregard any below- When comparing U.S. sales with calculating an annual weighted-average cost sales of that product, because we comparison market sales of similar, but cost. determined that the below-cost sales not identical, merchandise, we also —We increased UTP’s and DIP’s were not made in ‘‘substantial made adjustments for physical reported total cost of manufacturing quantities.’’ Where 20 percent or more differences in the merchandise in (COM) to include the un-reconciled of a respondent’s sales of a given accordance with section 773(a)(6)(C)(ii) difference between the COM in the product during the POI were made at of the Act and 19 CFR 351.411. We overall cost reconciliation and the prices less than the COP, we determine based this adjustment on the difference reported cost files. that such sales have been made in in the variable cost of manufacturing for —We included provisions for net ‘‘substantial quantities.’’ See section the foreign-like product and subject realizable value in the calculation of 773(b)(2)(C) of the Act. Further, we merchandise. See 19 CFR 351.411(b). UTP’s general and administrative determine that the sales were made Currency Conversion (G&A) expense ratio numerator. within an extended period of time, in —We included the annual management accordance with section 773(b)(2)(B) of We made currency conversions into fees and excluded the scrap revenues the Act, because we examine below-cost U.S. dollars in accordance with section which were related to the sales occurring during the entire POI. In 773A(a) of the Act and 19 CFR merchandise not under consideration accordance with section 773(b)(2)(D) of 351.415(a) based on the exchange rates from the calculation of DIP’s G&A the Act, we compare prices to the POI- in effect on the dates of the U.S. sales, expense ratio numerator. average costs to determine whether the as certified by the Federal Reserve Bank.

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Verification investigation but the manufacturer is, determination) and extend the As provided in section 782(i)(1) of the the rate will be the rate established for application of the provisional measures Act, we intend to verify the information the manufacturer of the subject prescribed under section 733(d) of the relied upon in making our final merchandise; and (3) the rate for all Act and 19 CFR 351.210(e)(2), from a determination for Universal. other producers or exporters will be four-month period to a six-month 3.29 percent, as discussed in the ‘‘All period. On May 18, 2012, petitioners Preliminary Determination Others Rate’’ section below. These Allied Tube and Conduit, JMC Steel The weighted-average dumping suspension-of-liquidation instructions Group, and Wheatland Tube also margins are as follows: will remain in effect until further notice. requested that the Department postpone its final determination by 60 days. In All Others Rate Weighted- accordance with section 735(a)(2)(A) of Section 735(c)(5)(A) of the Act Manufacturer/exporter average the Act and 19 CFR 351.210(b)(2)(ii), margin provides that the estimated ‘‘All Others’’ because (1) our preliminary (percent) rate shall be an amount equal to the determination is affirmative; (2) the weighted average of the estimated Universal Tube and Plastic In- requesting producer/exporter accounts dustries, Ltd., KHK Scaffolding weighted-average dumping margins for a significant proportion of exports of & Formwork LLC, Universal established for exporters and producers the subject merchandise; and (3) no Tube and Pipe Industries LLC 3.29 individually investigated, excluding any compelling reasons for denial exist, we Abu Dhabi Metal Pipes & Pro- zero or de minimis margins, and any are granting this request and are files Industries Complex LLC .. 11.71 margins determined entirely under postponing the final determination until All Others ...... 3.29 section 776 of the Act. Universal is the no later than 135 days after the only respondent in this investigation for publication of this notice in the Federal Suspension of Liquidation which the Department has calculated a Register. Suspension of liquidation will In accordance with section 733(d)(2) company-specific rate that is not zero or be extended accordingly. We are also of the Act, we will direct CBP to de minimis. Therefore, for purposes of extending the application of the suspend liquidation of all entries of determining the ‘‘all others’’ rate and provisional measures prescribed under certain steel pipe from the UAE that are pursuant to section 735(c)(5)(A) of the section 733(d) of the Act and 19 CFR entered, or withdrawn from warehouse, Act, we are using the dumping margin 351.210(e)(2) from a four-month period for consumption on or after the date of calculated for Universal, 3.29 percent, to a six-month period. for the ‘‘all others’’ rate, as referenced in publication of this notice in the Federal ITC Notification Register. the ‘‘Preliminary Determination’’ Consistent with the Department’s section, above. In accordance with section 733(f) of the Act, we will notify the ITC of the practice, where the product under Disclosure Department’s preliminary affirmative investigation is also subject to a The Department will disclose to determination of sales at LTFV. Section concurrent countervailing duty parties the calculations performed in 735(b)(2) of the Act requires the ITC to investigation, we instruct CBP to require connection with this preliminary make its final determination as to a cash deposit or posting of a bond determination within five days of the whether the domestic industry in the equal to the amount by which the date of publication of this notice. See 19 United States is materially injured, or normal value exceeds the export price CFR 351.224(b). threatened with material injury, by or constructed export price, less the reason of imports of certain steel pipe amount of the countervailing duty Postponement of Final Determination from the UAE, or sales (or the likelihood determined to constitute an export and Extension of Provisional Measures 44 of sales) for importation, of the certain subsidy. In this case, although the Section 735(a)(2) of the Act provides steel pipe within 45 days of our final product under investigation is also that a final determination may be determination. subject to a concurrent countervailing postponed until not later than 135 days duty investigation, the Department after the date of the publication of the Public Comment preliminarily found no countervailable preliminary determination if, in the Interested parties are invited to 45 export subsidy. Therefore, we have event of an affirmative preliminary comment on the preliminary not offset the cash deposit rates shown determination, a request for such determination. Interested parties may above for purposes of this preliminary postponement is made by exporters, submit case briefs to the Department no determination. who account for a significant proportion later than seven days after the date of We will instruct CBP to require a cash of exports of the subject merchandise, or the issuance of the last verification deposit or the posting of a bond equal in the event of a negative preliminary report in this proceeding. See 19 CFR to the weighted-average margin, as determination, a request for such 351.309(c)(1)(i). Rebuttal briefs, the indicated above as follows: (1) The rates postponement is made by the petitioner. content of which is limited to the issues for Universal and ADPICO will be the The Department’s regulations, at 19 CFR raised in the case briefs, must be filed rates we have determined in this 351.210(e)(2), require that requests by within five days from the deadline date preliminary determination; (2) if the respondents for postponement of a final for the submission of case briefs. See 19 exporter is not a firm identified in this determination be accompanied by a CFR 351.309(d)(1) and 19 CFR request for extension of provisional 351.309(d)(2). A list of authorities used, 44 See, e.g., Notice of Final Determination of Sales measures from a four-month period to a table of contents, and an executive at Less Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR 67306, 67307 (November 17, not more than six months. summary of issues should accompany 2004). On May 17, 2012, Universal requested any briefs submitted to the Department. 45 See Circular Welded Carbon-Quality Steel Pipe that in the event of an affirmative See 19 CFR 351.309(c)(2). Executive From the United Arab Emirates: Preliminary preliminary determination in this summaries should be limited to five Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty investigation, the Department postpone pages total, including footnotes. Determination With Final Antidumping Duty its final determination by 60 days (135 Interested parties who wish to comment Determination, 77 FR 19219 (March 30, 2012). days after publication of the preliminary on the preliminary determination must

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file briefs electronically using Import ‘‘carbon quality’’ includes products in which: thickness combinations, which are Administration’s Antidumping and (a) Iron predominates, by weight, over each recognized by the industry as typical for Countervailing Duty Centralized of the other contained elements; (b) the fence tubing, would not be excluded from the Electronic Service System (IA ACCESS). carbon content is 2 percent or less, by weight; scope based solely on their being certified to and (c) none of the elements listed below ASTM mechanical tubing specifications: An electronically filed document must exceeds the quantity, by weight, as indicated: be received successfully in its entirety 1.315 inch O.D. and 0.035 inch wall (i) 1.80 percent of manganese; thickness (gage 20) by the Department’s electronic records (ii) 2.25 percent of silicon; 1.315 inch O.D. and 0.047 inch wall system, IA ACCESS, by 5 p.m. Eastern (iii) 1.00 percent of copper; thickness (gage 18) Time. (iv) 0.50 percent of aluminum; 1.315 inch O.D. and 0.055 inch wall In accordance with section 774(1) of (v) 1.25 percent of chromium; thickness (gage 17) the Act, the Department will hold a (vi) 0.30 percent of cobalt; 1.315 inch O.D. and 0.065 inch wall public hearing, if timely requested, to (vii) 0.40 percent of lead; thickness (gage 16) afford interested parties an opportunity (viii) 1.25 percent of nickel; 1.315 inch O.D. and 0.072 inch wall to comment on arguments raised in case (ix) 0.30 percent of tungsten; thickness (gage 15) or rebuttal briefs, provided that such a (x) 0.15 percent of molybdenum; 1.315 inch O.D. and 0.083 inch wall hearing is requested by an interested (xi) 0.10 percent of niobium; thickness (gage 14) (xii) 0.41 percent of titanium; 1.315 inch O.D. and 0.095 inch wall party. See also 19 CFR 351.310. (xiii) 0.15 percent of vanadium; thickness (gage 13) Interested parties who wish to request a (xiv) 0.15 percent of zirconium. 1.660 inch O.D. and 0.047 inch wall hearing, or to participate if one is Subject pipe is ordinarily made to ASTM thickness (gage 18) requested, must submit a written specifications A53, A135, and A795, but can 1.660 inch O.D. and 0.055 inch wall request to the Assistant Secretary for also be made to other specifications. thickness (gage 17) Import Administration, U.S. Department Structural pipe is made primarily to ASTM 1.660 inch O.D. and 0.065 inch wall of Commerce, filed electronically using specifications A252 and A500. Standard and thickness (gage 16) IA ACCESS, as noted above. An structural pipe may also be produced to 1.660 inch O.D. and 0.072 inch wall thickness (gage 15) electronically filed document must be proprietary specifications rather than to industry specifications. Fence tubing is 1.660 inch O.D. and 0.083 inch wall received successfully in its entirety by thickness (gage 14) the Department’s electronic records included in the scope regardless of certification to a specification listed in the 1.660 inch O.D. and 0.095 inch wall system, IA ACCESS, by 5 p.m. Eastern exclusions below, and can also be made to thickness (gage 13) Standard Time within 30 days after the the ASTM A513 specification. Sprinkler pipe 1.660 inch O.D. and 0.109 inch wall date of publication of this notice. See 19 is designed for sprinkler fire suppression thickness (gage 12) CFR 351.310(c). Requests should systems and may be made to industry 1.900 inch O.D. and 0.047 inch wall contain the party’s name, address, and specifications such as ASTM A53 or to thickness (gage 18) 1.900 inch O.D. and 0.055 inch wall proprietary specifications. These products telephone number, the number of thickness (gage 17) are generally made to standard O.D. and wall participants, and a list of the issues to 1.900 inch O.D. and 0.065 inch wall thickness combinations. Pipe multi-stenciled be discussed. Oral presentations will be thickness (gage 16) to a standard and/or structural specification limited to issues raised in the case 1.900 inch O.D. and 0.072 inch wall and to other specifications, such as American thickness (gage 15) briefs. If a request for a hearing is made, Petroleum Institute (‘‘API’’) API–5L 1.900 inch O.D. and 0.095 inch wall we will inform parties of the scheduled specification, is also covered by the scope of thickness (gage 13) date and time for the hearing which will this investigation when it meets the physical 1.900 inch O.D. and 0.109 inch wall be held at the U.S. Department of description set forth above, and also has one thickness (gage 12) Commerce, 14th Street and Constitution or more of the following characteristics: is 32 2.375 inch O.D. and 0.047 inch wall feet in length or less; is less than 2.0 inches Avenue NW., Washington, DC 20230. thickness (gage 18) (50mm) in outside diameter; has a galvanized See 19 CFR 351.310. Parties should 2.375 inch O.D. and 0.055 inch wall and/or painted (e.g., polyester coated) surface confirm by telephone the date, time, and thickness (gage 17) finish; or has a threaded and/or coupled end location of the hearing 48 hours before 2.375 inch O.D. and 0.065 inch wall finish. thickness (gage 16) the scheduled date. The scope of this investigation does not 2.375 inch O.D. and 0.072 inch wall This determination is issued and include: (a) Pipe suitable for use in boilers, thickness (gage 15) published pursuant to sections 733(f) superheaters, heat exchangers, refining 2.375 inch O.D. and 0.095 inch wall and 777(i)(1) of the Act. furnaces and feedwater heaters, whether or thickness (gage 13) not cold drawn; (b) finished electrical Dated: May 23, 2012. 2.375 inch O.D. and 0.109 inch wall conduit; (c) finished scaffolding; 46 (d) tube Paul Piquado, thickness (gage 12) and pipe hollows for redrawing; (e) oil 2.375 inch O.D. and 0.120 inch wall Assistant Secretary for Import country tubular goods produced to API thickness (gage 11) Administration. specifications; (f) line pipe produced to only 2.875 inch O.D. and 0.109 inch wall API specifications; and (g) mechanical Appendix I—Scope of the Investigation thickness (gage 12) tubing, whether or not cold-drawn. However, 2.875 inch O.D. and 0.134 inch wall This investigation covers welded carbon- products certified to ASTM mechanical thickness (gage 10) quality steel pipes and tube, of circular cross- tubing specifications are not excluded as 2.875 inch O.D. and 0.165 inch wall section, with an outside diameter (‘‘O.D.’’) mechanical tubing if they otherwise meet the thickness (gage 8) not more than 16 inches (406.4 mm), standard sizes (e.g., outside diameter and 3.500 inch O.D. and 0.109 inch wall regardless of wall thickness, surface finish wall thickness) of standard, structural, fence thickness (gage 12) (e.g., black, galvanized, or painted), end and sprinkler pipe. Also, products made to 3.500 inch O.D. and 0.148 inch wall finish (plain end, beveled end, grooved, the following outside diameter and wall threaded, or threaded and coupled), or thickness (gage 9) 3.500 inch O.D. and 0.165 inch wall industry specification (e.g., American Society 46 for Testing and Materials International Finished scaffolding is defined as component thickness (gage 8) parts of a final, finished scaffolding that enters the 4.000 inch O.D. and 0.148 inch wall (‘‘ASTM’’), proprietary, or other) generally United States unassembled as a ‘‘kit.’’ A ‘‘kit’’ is known as standard pipe, fence pipe and tube, understood to mean a packaged combination of thickness (gage 9) sprinkler pipe, and structural pipe (although component parts that contain, at the time of 4.000 inch O.D. and 0.165 inch wall subject product may also be referred to as importation, all the necessary component parts to thickness (gage 8) mechanical tubing). Specifically, the term fully assemble a final, finished scaffolding. 4.500 inch O.D. and 0.203 inch wall

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thickness (gage 7) in proper form by Allied Tube and Period of Investigation The pipe subject to this investigation is Conduit, JMC Steel Group, Wheatland The period of investigation (POI) is currently classifiable in Harmonized Tariff Tube Company, and the United States April 1, 2011, through September 30, Schedule of the United States (‘‘HTSUS’’) Steel Corporation (petitioners).1 5 statistical reporting numbers 7306.19.1010, 2011. 7306.19.1050, 7306.19.5110, 7306.19.5150, On November 15, 2011, the Scope of Investigation 7306.30.1000, 7306.30.5025, 7306.30.5032, Department initiated an antidumping 7306.30.5040, 7306.30.5055, 7306.30.5085, duty (AD) investigation on certain steel The products covered by this investigation are circular welded 7306.30.5090, 7306.50.1000, 7306.50.5050, pipe from Vietnam.2 Additionally, in carbon-quality steel pipe from Vietnam. and 7306.50.5070. However, the product the Initiation Notice, the Department description, and not the HTSUS For a full description of the scope of the classification, is dispositive of whether the notified parties of the application investigation, as set forth in the merchandise imported into the United States process by which exporters and Initiation Notice see the ‘‘Scope of the falls within the scope of the investigation. producers may obtain separate-rate Investigation’’ in Appendix I of this [FR Doc. 2012–13230 Filed 5–31–12; 8:45 am] status in non-market economy (NME) notice. BILLING CODE 3510–DS–P investigations such as this investigation.3 Scope Comments On December 12, 2011, the United The Department set aside a period of DEPARTMENT OF COMMERCE States International Trade Commission time for parties to raise issues regarding (the Commission) issued its affirmative product coverage and encouraged all International Trade Administration parties to submit comments within 20 preliminary determination that there is calendar days of the date of signature of [A–552–811] a reasonable indication that an industry the Initiation Notice. See Initiation in the United States is materially Circular Welded Carbon-Quality Steel Notice, 76 FR at 72164. We received injured by reason of imports from Pipe From the Socialist Republic of comments from SeAH VINA, a Vietnam of certain steel pipe. The Vietnam: Preliminary Determination of Vietnamese producer, on December 5, Sales at Less Than Fair Value and Commission published its preliminary 2011, and we received rebuttal Postponement of Final Determination determination in the Federal Register comments from petitioners Allied Tube on December 16, 2011.4 and Conduit, JMC Steel Group, and AGENCY: Import Administration, Questionnaire Wheatland Tube Company on December International Trade Administration, 14, 2011. After reviewing all comments, Department of Commerce. On December 21, 2011, the we have adopted the ‘‘Scope of the DATES: Effective Date: June 1, 2012. Department issued to Vietnam Investigations’’ section of this notice, in SUMMARY: The Department of Commerce Haiphong Hongyuan Machinery Appendix I. The Department also set (Department) preliminarily determines Manufactory Co., Ltd. (Haiphong aside a period of time for parties to that circular welded carbon-quality steel Hongyuan) and SeAH Steel VINA comment on product characteristics for pipe (certain steel pipe) from the Corporation (SeAH VINA) the NME AD use in the AD duty questionnaire and indicated that in order to consider such Socialist Republic of Vietnam (Vietnam) questionnaire with product comments, they should be submitted no is being, or is likely to be, sold in the characteristics used in the designation later than December 9, 2012. See United States at less-than-fair value of control numbers (CONNUMs) and (LTFV), as provided in section 733 of Initiation Notice, 76 FR at 72164–5. On assigned to the merchandise under December 9, 2011, we received the Tariff Act of 1930, as amended (Act). consideration. Between January 18, The estimated margins of sales at LTFV comments from a UAE producer named 2012, and May 2, 2012, Haiphong are shown in the ‘‘Preliminary Universal Tube and Plastics Industries, Hongyuan and SeAH VINA submitted Determination’’ section of this notice. Ltd. and its U.S. affiliate, Prime Metal Pursuant to requests from interested responses to the Department’s original Corporation USA. parties, we are postponing for 60 days and supplemental sections A, C, and D As noted above, on December 5, 2011, the final determination and extending questionnaires. On May 9 and 10, 2012, SeAH VINA, a mandatory respondent in provisional measures from a four-month SeAH VINA submitted additional factor this investigation and the concurrent period to not more than six months. values for materials that it had CVD investigations of certain steel pipe Accordingly, we will make our final previously classified as indirect rather from Vietnam, filed comments arguing determination not later than 135 days than direct raw materials. On May 11, that the treatment of double and triple after publication of the preliminary 2012, petitioners submitted comments stenciled pipe in the scope of these determination. on those submissions from SeAH VINA. investigations differs from previous treatment of these products under other FOR FURTHER INFORMATION CONTACT: Fred 1 orders on circular welded pipe. Baker or Robert James, AD/CVD See Circular Welded Carbon-Quality Steel Pipe From India, Oman, the UAE, and Vietnam: Specifically, SeAH VINA claims that the Operations, Office 7, Import Antidumping and Countervailing Duty Petitions, Brazilian, Korean, and Mexican orders Administration, International Trade filed on October 26, 2011 (the petition). on these products exclude ‘‘Standard Administration, U.S. Department of 2 See Circular Welded Carbon-Quality Steel Pipe pipe that is dual or triple certified/ Commerce, 14th Street and Constitution From India, the Sultanate of Oman, the United stenciled that enters the U.S. as line Avenue NW., Washington, DC 20230; Arab Emirates, and the Socialist Republic of pipe of a kind used for oil and gas telephone: (202) 482–2924 or (202) 482– Vietnam: Initiation of Antidumping Duty pipelines * * *’’ See SeAH VINA 0649, respectively. Investigations, 76 FR 72164 November 22, 2011) comments (December 5, 2011); see also (Initiation Notice). SUPPLEMENTARY INFORMATION: Certain Circular Welded Non-Alloy 3 See id., 76 FR at 72169. Steel Pipe from Brazil, Mexico, the Initiation 4 See Investigation Nos. 701–TA–482 and 731– TA–1191–1194 (Preliminary), Circular Welded Republic of Korea, and Taiwan; and On October 26, 2011, the Department Carbon-Quality Steel Pipe From India, Oman, the Certain Circular Welded Carbon Steel received a petition concerning imports United Arab Emirates, and Vietnam, 76 FR 78313 of certain steel pipe from Vietnam filed (December 16, 2011). 5 See 19 CFR 351.204(b)(1).

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Pipes and Tubes From Taiwan: Final many years ago may have end use Surrogate Country Comments Results of the Expedited Third Sunset classifications while more recent On March 27, 2012, the Department Reviews of the Antidumping Duty proceedings on the product would not. determined that Bangladesh, India, Order, 76 FR 66899, 66900 (Oct. 28, Compare, e.g., Countervailing Duty Indonesia, Nicaragua, Pakistan, and the 2011). According to SeAH VINA: (i) If Order: Oil Country Tubular Goods from Philippines are countries comparable to the term ‘‘class or kind of merchandise’’ Canada, 51 FR 21783 (June 16, 1986) Vietnam in terms of economic has meaning, it cannot have a different (describing subject merchandise as development.10 On March 28, 2012, the meaning when applied to the same being ‘‘intended for use in drilling for Department requested comments from products in two different cases; and (ii) oil and gas’’) with Certain Oil Country the interested parties regarding the the distinction between standard and Tubular Goods From the People’s selection of a surrogate country. We Republic of China: Amended Final line pipe reflected in the Brazil, Korean received comments from Haiphong and Mexican orders derives from Affirmative Countervailing Duty Hongyuan, SeAH VINA, and petitioners customs classifications administered by Determination and Countervailing Duty on April 18, 2012. We returned U.S. Customs and Border Protection Order, 75 FR 3203 (January 20, 2010) petitioners’ comments on April 24, (CBP) and, thus, is more administrable. (describing the subject merchandise in 2012, because they were not properly On December 14, 2011, Allied Tube terms of physical characteristics without filed, and gave petitioners an and Conduit, JMC Steel Group, and regard to use or intended use). Finally, opportunity to correct the errors and Wheatland Tube (collectively, Certain Certain Petitioners have indicated the resubmit them. Petitioners responded in Petitioners), responded to SeAH VINA’s domestic industry’s intent to include an April 26, 2012, submission, but did comments stating that the scope as it multi-stenciled products that otherwise appeared in the Initiation Notice not resubmit their comments. meet the physical characteristics set out For a detailed discussion of the reflected Petitioners’ intended coverage. in the scope. Therefore, the Department Certain Petitioners contend that pipe selection of the surrogate country, see is not adopting SeAH VINA’s proposed ‘‘Surrogate Country’’ and ‘‘Surrogate that is multi-stenciled to both line pipe modification of the scope. and standard pipe specifications and Country Selection’’ sections below. meets the physical characteristics listed Respondent Selection Surrogate Value Comments in the scope (i.e., is 32 feet in length or In the Initiation Notice, the On April 25, 2012, petitioners, less; is less than 2.0 inches (50mm) in Department stated its intent to limit the Haiphong Hongyuan and SeAH VINA outside diameter; has a galvanized and/ number of quantity and value (Q&V) submitted surrogate factor valuation or painted (e.g., polyester coated) questionnaires sent to exporters or comments and data. On April 30, May surface finish; or has a threaded and/or producers to those companies identified 2, and May 3, 2012, respectively, coupled end finish) is ordinarily used in in the petition.6 On November 16, 2011, petitioners, Haiphong Hongyuan and standard pipe applications. Certain the Department sent Q&V SeAH VINA and submitted rebuttal Petitioners state that, in recent years, the questionnaires to the ten companies comments. Petitioners submitted further Department has rejected end-use scope identified in the petition as exporters or comments on May 9, 2012, to which classifications, preferring instead to rely producers of certain steel pipe from SeAH VINA responded on May 11, on physical characteristics to define Vietnam. The Department also posted 2012. coverage, and the scope of these the Q&V questionnaire for this investigations has been written investigation on its Web site at http://ia. Separate Rate Applications accordingly. Therefore, Certain ita.doc.gov/ia-highligHTSUS-and-news. Between February 1, 2012, and March Petitioners ask the Department to reject html. Of the ten companies to which the 28, 2012, the Department received SeAH VINA’s proposed scope Department sent Q&V questionnaires, separate rate applications from three modification. the Department received six Q&V companies in addition to those from the 7 We agree with Certain Petitioners that responses. In addition, the Department 11 the Department seeks to define the two mandatory respondents. See the also received two unsolicited Q&V ‘‘Separate Rates’’ section below for the scopes of its proceedings based on the responses.8 physical characteristics of the full discussion of the treatment of the Based on the responses submitted to separate rate applicants. merchandise. See Notice of Final the Department, on December 20, 2011, Determination of Sales at Less Than the Department selected Vietnam Postponement of Preliminary Fair Value and Affirmative Final Haiphong and SeAH VINA as the only Determination Determination of Critical mandatory respondents for individual On February 29, 2012, petitioners Circumstances: Circular Welded Carbon examination in this investigation. These filed a timely request to postpone the Quality Steel Pipe from the People’s two respondents account for the largest issuance of the preliminary Republic of China, 73 FR 31970 (June 5, volumes of subject merchandise sold to determination. On March 16, 2012, the 2008), and accompanying Issues and the United States during the POI that Department published in the Federal Decision Memorandum at Comment 1. can be reasonably examined.9 Moreover, we disagree with SeAH Investigation of Circular Welded Carbon-Quality VINA’s contention that once a ‘‘class or 6 See Initiation Notice, 76 FR at 72168. Steel Pipe from the Socialist Republic of Vietnam: kind of merchandise’’ has been 7 The Department received responses from Huu Respondent Selection,’’ (Respondent Selection established that the same scope Lien Asia Corporation, Daiwa Lance International Memo) dated December 20, 2011. description must apply across all Co., Ltd., Hoa Phat Steel Pipe Co., Ltd., Hoa Sen 10 See ‘‘Memorandum from Carole Showers, proceedings involving the product. For Group, SeAH Steel VINA Corporation, and Vietnam Director, Office of Policy, to Robert James, Program Steel Pipe Co., Ltd. Manager, Office 7: Request for a List of Surrogate example, as the Department has gained 8 The Department received unsolicited Q&V Countries for an Antidumping Duty Investigation of experience in administering AD duty responses from Vietnam Haiphong Hongyuan Circular Welded Carbon-Quality Steel Pipe from the and countervailing duty orders, it has Machinery Manufactory Co., Ltd., and Sun Steel Socialist Republic of Vietnam,’’ dated March 27, shifted away from end use Joint Stock Co. (SUNSCO). 2012 (Surrogate Country List). 9 See ‘‘Memorandum to Christian Marsh, Deputy 11 The following companies filed separate-rate classifications to scopes defined by the Assistant Secretary for Antidumping and applications: Haiphong Hongyuan, SeAH VINA, physical characteristics. Id. Thus, Countervailing Duty Operations, from Richard Huu Lien Asia Corporation, Hoa Phat Steel Pipe proceedings initiated on a given product Weible, Director, Office 8; Antidumping Duty Co., Ltd., and SUNSCO.

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Register a notice postponing the Economic Comparability of comparable merchandise must be preliminary AD duty determination for done on a case-by-case basis: this investigation of certain steel pipe As explained in our Surrogate Country List, the Department considers In other cases, however, where there are from Vietnam.12 major inputs, i.e., inputs that are specialized Bangladesh, India, Indonesia, or dedicated or used intensively, in the Non-Market-Economy Country Nicaragua, Pakistan, and the Philippines production of the subject merchandise, e.g., all comparable to Vietnam in terms of processed agricultural, aquatic and mineral For purposes of initiation, petitioners economic development.16 Therefore, we products, comparable merchandise should be treated Vietnam as an NME country.13 consider all six countries as having identified narrowly, on the basis of a The Department considers Vietnam to satisfied this prong of the surrogate comparison of the major inputs, including be an NME country. In accordance with energy, where appropriate.22 country selection criteria.17 section 771(18)(C)(i) of the Act, any Further, the statute grants the determination that a foreign country is Significant Producers of Comparable Department discretion to examine an NME country shall remain in effect Merchandise various data sources for determining the 14 until revoked by the Department. best available information.23 Moreover, Therefore, we continue to treat Vietnam Section 773(c)(4)(B) of the Act requires the Department to value FOPs while the legislative history provides as an NME country for purposes of this that the term ‘‘significant producer’’ preliminary determination. in a surrogate country that is a significant producer of comparable includes any country that is a significant ‘‘net exporter,’’ 24 it does not Surrogate Country merchandise. Neither the statute nor the preclude reliance on additional or Department’s regulations provide alternative metrics. To evaluate this When the Department is investigating further guidance on what may be factor we obtained export data using the imports from an NME country, section considered comparable merchandise. Global Trade Atlas (GTA) for HTSUS 773(c)(1) of the Act directs it to base Given the absence of any definition in normal value (NV), in most numbers 7306.19, 7306.30, and 7306.50, the statute or regulations, the which are comparable to the circumstances, on the NME producer’s Department looks to other sources such factors of production (FOP), valued in a merchandise under consideration as the Policy Bulletin for guidance on because circular welded pipe falls surrogate market economy (ME) country 18 defining comparable merchandise. within these HTSUS categories. The or countries considered to be The Policy Bulletin states that ‘‘the appropriate by the Department. In GTA data demonstrate that all six of the terms ‘comparable level of economic countries identified in the Surrogate accordance with section 773(c)(4) of the development,’ ‘comparable Act, in valuing the FOPs, the Country List were exporters of merchandise,’ and ‘significant producer’ comparable merchandise during the Department shall utilize, to the extent are not defined in the statute.’’ The possible, the prices or costs of FOPs in POI, and thus ‘‘significant producers’’ of Policy Bulletin further states that ‘‘in all comparable merchandise under the one or more ME countries that are: (1) cases, if identical merchandise is legislative history. In particular, the At a level of economic development produced, the country qualifies as a selected surrogate country, India, had comparable to that of the NME country; producer of comparable merchandise.’’ 156,174 metric tons of exports during and (2) significant producers of Conversely, if identical merchandise is 15 the period of April through August, comparable merchandise. Once the not produced, then a country producing 2011.25 Department has identified the countries comparable merchandise is sufficient in that are economically comparable to selecting a surrogate country.19 Further, Data Availability Vietnam, it identifies those countries when selecting a surrogate country, the On April 25, 2012, petitioners Allied which are significant producers of statute requires the Department to Tube and the JMC Group submitted comparable merchandise. From the list consider the comparability of the surrogate value (SV) data for the of countries which are both merchandise, not the comparability of Department’s consideration, all of economically comparable and the industry.20 ‘‘In cases where identical which were for Indonesia. On April 25, significant producers the Department merchandise is not produced, the team 2012, Haiphong Hongyuan and SeAH will select a primary surrogate country must determine if other merchandise VINA submitted factor values for India. based upon whether the data for valuing that is comparable is produced. How the On April 30, 2012, petitioners submitted FOPs are both available and reliable. team does this depends on the subject comments on the respondents’ merchandise.’’ 21 In this regard, the suggestion of India as the surrogate 12 See Circular Welded Carbon-Quality Steel Pipe Department recognizes that any analysis country. On May 2, 2012, Haiphong From India, the Sultanate of Oman, the United Hongyuan and SeAH VINA submitted Arab Emirates, and the Socialist Republic of 16 comments on petitioners’ April 25, Vietnam: Postponement of Preliminary See Surrogate Country List. Determination of Antidumping Duty Investigations, 17 See section 773(c)(4)(A) of the Act. 2012, submission. We received further 77 FR 15718 (March 16, 2012). 18 See Policy Bulletin. comments from petitioners on May 9, 13 See the petition, Vol. 2 at II–8; see also 19 The Policy Bulletin also states that ‘‘if 2012. Allied Tube and the JMC Group Initiation Notice, 76 FR at 72167. considering a producer of identical merchandise provided publicly available and 14 See Preliminary Determination of Sales at Less leads to data difficulties, the operations team may contemporaneous Indonesian SVs with Than Fair Value and Postponement of Final consider countries that produce a broader category Determination: Coated Free Sheet Paper from the of reasonably comparable merchandise,’’ at note 6. People’s Republic of China, 72 FR 30758, 30760 20 See Sebacic Acid from the People’s Republic of 22 See id., at 3. (June 4, 2007), unchanged in Final Determination China; Final Results of Antidumping Duty 23 See section 773(c) of the Act; Nation Ford of Sales at Less Than Fair Value: Coated Free Sheet Administrative Review, 62 FR 65674 (December 15, Chem. Co. v. United States, 166 F.3d 1373, 1377 Paper from the People’s Republic of China, 72 FR 1997) and accompanying Issues and Decision (Fed. Cir. 1999). 60632 (October 25, 2007). Memorandum at Comment 1 (to impose a 24 See Conference Report accompanying H.R. 3, 15 See Import Administration Policy Bulletin requirement that merchandise must be produced by the 1988 Omnibus Trade & Competitiveness Act, H. 04.1: Non-Market Economy Surrogate Country the same process and share the same end uses to Rep. No. 100–576, at 590 (1988) (Conference Selection Process (March 1, 2004) (Policy Bulletin) be considered comparable would be contrary to the Report). available on the Department’s Web site at http://ia. intent of the statute). 25 As of this writing, data for the final month of ita.doc.gov/policy/index.html. 21 See Policy Bulletin, at 2. the POI, September 2011, were not available.

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which to value the respondents’ telecommunications). Furthermore, the Wheatland asserted that there are reported factors of production. They financial statements of the four Indian patterns of U.S. sales prices for also provided the financial statements companies are more contemporaneous comparable merchandise that differ for an Indonesian producer of identical to our POI than is the financial significantly among purchasers, time merchandise, and for an Indonesian statement of the Indonesian producer of periods, and regions. pipe servicer. Respondents provided pipe. On April 11, 2012, Haiphong full SV data from India, and the In accordance with 19 CFR Hongyuan submitted comments on the financial statements of four Indian 351.301(c)(3)(i), for the final allegation, arguing that Wheatland producers of identical or comparable determination interested parties may computation was flawed. In response, merchandise. submit publicly available information to on April 17, 2012, Wheatland submitted When evaluating SV data, the value the FOPs within 40 days after the a revised computation, arguing that the Department considers several factors date of publication of the preliminary computation again showed there were including whether the SV data are determination.27 patterns of U.S. sales prices for publicly available, contemporaneous comparable merchandise that differ Targeted Dumping with the POI, represent a broad-market significantly among purchasers, time average, from an approved surrogate Targeted Dumping Allegations periods, and regions. On April 20 and country, tax- and duty-exclusive, and The statute allows the Department to May 9, 2012, Haiphong Hongyuan specific to the input. There is no employ an alternative dumping margin submitted comments on Wheatland’s hierarchy among these criteria. It is the calculation methodology in an AD revised calculation, arguing that it Department’s practice to carefully investigation under the following constitutes a new allegation, and is consider the available evidence in light circumstances: (1) There is a pattern of therefore untimely, given that the of the particular facts of each industry export prices (EP) or constructed export deadline for the allegation was April 8, 26 when undertaking its analysis. prices (CEP) for comparable 2012. However, we regard Wheatland’s In this case, the record contains no merchandise that differ significantly April 16, 2012, submission as a revision data for Bangladesh, Nicaragua, Pakistan among purchasers, regions, or periods of to a timely-filed allegation, rather than or the Philippines. Accordingly, these time; and (2) the Department explains a new, untimely allegation. Therefore, countries will not be considered for why such differences cannot be taken we have analyzed targeted dumping surrogate country selection purposes at into account using the standard average- with respect to Haiphong Hongyuan in this time. to-average or transaction-to-transaction this preliminary determination based on Surrogate Country Selection methodology.28 Wheatland’s April 16, 2012, submission. On April 3, 2012, the Department We have also analyzed targeted For this preliminary determination, received petitioning firm Wheatland dumping in this investigation with the Department has selected India as the Tube’s (Wheatland’s) allegations of respect to SeAH VINA based on surrogate country for valuing FOPs. targeted dumping by Haiphong petitioners’ April 2, 2012, submission. While we have found, as stated above, Hongyuan and SeAH VINA using the On May 2 and May 11, 2012, SeAH that both India and Indonesia are Department’s targeted dumping test as VINA submitted comments on the economically comparable to Vietnam, established in Steel Nails from the targeted dumping allegation. and that both countries are significant UAE 29 as clarified in Multilayered producers of comparable merchandise, Targeted Dumping Test Wood Flooring from the People’s we find that the SV data on the record Republic of China.30 In its allegations, We conducted a targeted dumping for India is superior to that of the data analysis for Haiphong Hongyuan and for Indonesia. There are two reasons for 27 In accordance with 19 CFR 351.301(c)(1), for SeAH VINA by time period, customer this determination. First, we find the the final determination of this investigation, and region using the methodology we GTA data with respect to India are interested parties may submit factual information to adopted in Steel Nails from the UAE stronger than with respect to Indonesia. rebut, clarify, or correct factual information and most recently articulated in Wood Specifically, one of the respondents submitted by any other interested party less than ten days before, on, or after, the applicable deadline Flooring from the PRC. The imported the main input material in the for submission of such factual information. methodology we employed involves a making of subject merchandise, steel However, the Department notes that 19 CFR two-stage test; the first stage addresses strip, under an HTS number that during 351.301(c)(1) permits new information only insofar the pattern requirement and the second as it rebuts, clarifies, or corrects information the POI had extremely low imports into recently placed on the record. The Department stage addresses the significant- 31 Indonesia (500 kilograms). In contrast, generally will not accept the submission of difference requirement. In this test, we India imported nearly three million additional, previously absent-from-the-record made all price comparisons on the basis kilograms of that HTS number during alternative surrogate value information. See Glycine of identical merchandise (i.e., by from the People’s Republic of China: Final Results the five months for which we currently of Antidumping Duty Administrative Review and CONNUM). We based all of our targeted have data (after removing NME Final Rescission, in Part, 72 FR 58809 (October 17, dumping calculations on the U.S. net countries and countries with non- 2007) and accompanying Issues and Decision price, which we determined for U.S. industry-specific export subsidies). Memorandum (Glycine from the PRC) at sales by Haiphong Hongyuan and SeAH Comment 2. Second, we have on the record the 28 See section 777A(d)(1)(B) of the Act. VINA in our standard margin financial statements of four Indian 29 See Certain Steel Nails from the United Arab calculations. producers of pipe, whereas we have on Emirates: Notice of Final Determination of Sales at Price Comparison Method the record the financial statements of Not Less Than Fair Value, 73 FR 33985 (June 16, only one Indonesian producer of pipe. 2008) (Steel Nails from the UAE) and accompanying The Department preliminarily has Issues and Decision Memorandum at Comments 1– found a pattern of prices for comparable The latter is a consolidated financial 9; see also Proposed Methodology for Identifying statement of a large conglomerate, and and Analyzing Targeted Dumping in Antidumping merchandise that differs significantly by includes the financial data of subsidiary Investigations; Request for Comment, 73 FR 26371 companies involved in fields far (May 9, 2008). 31 See Steel Nails from the UAE, and 30 Multilayered Wood Flooring From the People’s accompanying Issues and Decision Memorandum at different from pipe production (e.g, Republic of China: Final Determination of Sales at Comments 3 and 6; and Wood Flooring from the Less Than Fair Value, 76 FR 64318 (October 18, PRC, and accompanying Issues and Decision 26 See Policy Bulletin. 2011) (Wood Flooring from the PRC). Memorandum at Comment 4.

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time period, customer, and region (i.e., Separate Rate Recipients companies, See Hoa Phat’s February 1, targeted dumping). We determine 2012, submission at 2–4 and Huu Lien’s 1. Wholly Foreign-Owned preliminarily, however, that these price March 21, 2012, submission at 4–8. differences can be taken into account Three separate rate applicants in this b. Absence of De Facto Control using the standard average-to-average investigation (Foreign-Owned SR methodology because both the standard Applicants), provided evidence that Typically the Department considers and alternative methodologies yielded they are wholly owned by individuals four factors in evaluating whether each zero or de minimis margins for both or companies located in MEs in their respondent is subject to de facto respondents. Accordingly, for this separate rate applications.38 Therefore, governmental control of its export preliminary determination we have because they are wholly foreign-owned functions: (1) Whether the export prices applied the standard average-to-average and the Department has no evidence are set by or are subject to the approval methodology to all U.S. sales reported indicating that they are under the of a governmental agency; (2) whether by Haiphong Hongyuan and SeAH control of the government of Vietnam, a the respondent has authority to VINA.32 separate rates analysis is not necessary negotiate and sign contracts and other to determine whether these companies agreements; (3) whether the respondent Separate Rates are independent from government has autonomy from the government in In proceedings involving NME control. See Notice of Final making decisions regarding the countries, there is a rebuttable Determination of Sales at Less Than selection of management; and (4) presumption that all companies within Fair Value: Creatine Monohydrate from whether the respondent retains the the country are subject to government the People’s Republic of China, 64 FR proceeds of its export sales and makes control and thus should be assessed a 71104 (December 20, 1999) (determining independent decisions regarding single AD rate.33 It is the Department’s that the respondent was wholly foreign- disposition of profits or financing of policy to assign all exporters of owned, and thus, qualified for a losses.39 The Department has merchandise subject to investigation in separate rate). Accordingly, the determined that an analysis of de facto an NME country this single rate unless Department has preliminarily granted a control is critical in determining an exporter can demonstrate that it is separate rate to these Foreign-Owned SR whether respondents are, in fact, subject sufficiently independent so as to be Applicants. See Preliminary to a degree of governmental control entitled to a separate rate.34 However, if Determination Margins section below. which would preclude the Department the Department determines that a 2. Wholly Vietnamese-Owned from assigning separate rates. company is wholly foreign-owned or Companies We determine that for Hoa Phat and located in a ME country, then a separate Huu Lien the evidence on the record rate analysis is not necessary to Because Hoa Phat and Huu Lien Asia (Huu Lien) have stated that they are supports a preliminary finding of de determine whether that company is facto absence of governmental control independent from government wholly Vietnamese-owned companies, the Department must analyze whether based on record statements and control.35 supporting documentation showing the In the Initiation Notice, the these companies can demonstrate that they are sufficiently independent following: (1) Each exporter sets its own Department notified parties of the export prices independent of the application process by which exporters through the absence of both de jure and de facto governmental control over government and without the approval of and producers may obtain separate rate a government authority; (2) each 36 export activities. status in NME investigations. The exporter retains the proceeds from its process requires exporters and a. Absence of De Jure Control sales and makes independent decisions producers to submit a separate rate The evidence that Hoa Phat and Huu regarding disposition of profits or status application.37 Lien provided supports a preliminary financing of losses; (3) each exporter has the authority to negotiate and sign 32 finding of de jure absence of See Steel Nails from the UAE, 77 FR at 17031. contracts and other agreements; and (4) 33 See, e.g., Polyethylene Terephthalate Film, governmental control based on the Sheet, and Strip from the People’s Republic of following factors articulated in each exporter has autonomy from the China: Final Determination of Sales at Less Than Sparklers from the PRC: (1) An absence government regarding the selection of Fair Value, 73 FR 55039, 55040 (September 24, of restrictive stipulations associated management. See Hoa Phat’s February 1, 2008) (PET Film from the PRC). with the individual exporter’s business 2012, submission at 4 through 10 and 34 See, e.g., Final Determination of Sales at Less Than Fair Value: Sparklers From the People’s and export licenses; (2) the existence of Huu Lien’s March 21, 2012, submission Republic of China, 56 FR 20588 (May 6, 1991) applicable legislative enactments at 9–17. (Sparklers from the PRC) as amplified by Notice of decentralizing control of Vietnamese The evidence that Hoa Phat and Huu Final Determination of Sales at Less Than Fair companies; and (3) the implementation Lien placed on the record of this Value: Silicon Carbide From the People’s Republic of China, 59 FR 22585 (May 2, 1994) (Silicon of formal measures by the government investigation demonstrates an absence Carbide from the PRC), and 19 CFR 351.107(d). decentralizing control of Vietnamese of de jure and de facto government 35 See, e.g., PET Film from the PRC. control with respect to each of the 36 See Initiation Notice, 76 FR at 72169. the period of investigation. This practice applies exporter’s exports of the merchandise 37 See Policy Bulletin 05.1: Separate Rates both to mandatory respondents receiving an under investigation, in accordance with Practice and Application of Combination Rates in individually calculated separate rate as well as the the criteria identified in Sparklers from Antidumping Investigations involving Non-Market pool of non-investigated firms receiving the Economy Countries, (April 5, 2005), (Policy weighted-average of the individually calculated the PRC and Silicon Carbide from the Bulletin 05.1) available at http://ia.ita.doc.gov. rates. This practice is referred to as the application PRC. As a result, we have preliminarily Policy Bulletin 05.1 states, at 6: ‘‘{w}hile of ‘‘combination rates’’ because such rates apply to determined that it is appropriate to continuing the practice of assigning separate rates specific combinations of exporters and one or more grant Hoa Phat and Huu Lien a margin only to exporters, all separate rates that the producers. The cash-deposit rate assigned to an Department will now assign in its NME exporter will apply only to merchandise both investigations will be specific to those producers exported by the firm in question and produced by 39 See Silicon Carbide, 59 FR at 22586–87; see that supplied the exporter during the period of a firm that supplied the exporter during the period also Notice of Final Determination of Sales at Less investigation. Note, however, that one rate is of investigation’’ (emphasis added). Than Fair Value: Furfuryl Alcohol From the calculated for the exporter and all of the producers 38 Those companies were Haiphong Hongyuan, People’s Republic of China, 60 FR 22544, 22545 which supplied subject merchandise to it during SeAH VINA, and Sun Steel Joint Stock Company. (May 8, 1995).

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based on the experience of the (a/k/a Vinapipa), and therefore have not shall, subject to subsection 782(d) of the investigated companies. demonstrated their eligibility for Act, use facts otherwise available (FA) separate rate status in this investigation. in reaching the applicable Calculation of Separate Rate As a result, the Department is treating determination. Normally the separate rate is these Vietnamese exporters as part of Information on the record of this determined based on the estimated the Vietnam-wide entity. investigation indicates that the Vietnam- weighted-average dumping margins wide entity was unresponsive to the established for exporters and producers Application of Adverse Facts Available, Department’s requests for information. individually investigated, excluding de Vietnam-Wide Entity and Vietnam-Wide Specifically, as discussed above, certain minimis margins or margins based Rate companies did not respond to our entirely on adverse facts available As stated above, we issued our questionnaires requesting Q&V (AFA). See section 735(c)(5)(A) of the request for Q&V information to ten information. As a result, pursuant to Act. However, section 735(c)(5)(B) of the potential Vietnamese producers/ section 776(a)(2)(A) of the Act, we find Act provides that ‘‘{i}f the estimated exporters of certain steel pipe. While that the use of FA is appropriate to weighted average dumping margins information on the record of this determine the Vietnam-wide rate.43 established for all exporters and investigation indicates that there are Section 776(b) of the Act provides producers individually investigated are other producers/exporters of certain that, in selecting from among the facts zero or de minimis margins, or are steel pipe in Vietnam, we received only otherwise available, the Department determined under section 776 {i.e., facts six timely-filed solicited Q&V responses may employ an adverse inference if an available}, the administering authority from companies to whom we sent a interested party fails to cooperate by not may use any reasonable method to Q&A questionnaire. (In addition, as acting to the best of its ability to comply establish the estimated all-others rate for noted above, we also received two with requests for information.44 We find exporters and producers not timely-filed, unsolicited Q&V responses, that, because the Vietnam-wide entity individually investigated, including which we considered for respondent did not respond to our requests for averaging the weighted average selection purposes.) Thus, although all information, it has failed to cooperate to dumping margins determined for the producers/exporters were given an the best of its ability. Therefore, the exporters and producers individually opportunity to provide Q&V Department preliminarily finds that, in examined.’’ Additionally, the information, not all producers/exporters selecting from among the FA, an adverse 41 Department does not consider the use of did so. We have treated these inference is appropriate. an AFA rate in such an average to be an Vietnamese producers/exporters who When employing an adverse application of an adverse inference did not respond to the Department’s inference, section 776(b) of the Act because the statute explicitly permits Q&V letter as part of the Vietnam-wide indicates that the Department may rely such averaging. Moreover, the Court of entity because they do not qualify for a upon information derived from the 42 International Trade has upheld the separate rate. For a detailed petition, the final determination from Department’s use of AFA and de discussion, see the ‘‘Separate Rate’’ the LTFV investigation, a previous minimis rates to determine a rate to be section above. administrative review, or any other Section 776(a)(2) of the Act provides applied to uninvestigated companies.40 information placed on the record. The Therefore, as an alternative to an that, if an interested party: (A) Department’s practice, when selecting average of the margins calculated for Withholds information that has been an AFA rate from among the possible individually examined companies, we requested by the Department, (B) fails to sources of information, has been to have calculated a separate rate using a provide such information in a timely ensure that the margin is sufficiently manner or in the form or manner simple average of the zero margins adverse ‘‘as to effectuate the statutory requested, subject to subsections calculated for Haiphong Hongyuan and purposes of the AFA rule to induce 782(c)(1) and (e) of the Act, (C) SeAH VINA, and the 27.96 percent respondents to provide the Department significantly impedes a proceeding petition rate. We preliminarily with complete and accurate information under the AD statute, or (D) provides in a timely manner.’’ 45 As guided by the determine the rate for companies such information but the information SAA, the information used as AFA entitled to a separate rate as 9.32 cannot be verified, the Department should ensure an uncooperative party percent. See the ‘‘Application of does not benefit by failing to cooperate Adverse Facts Available’’ section, infra. 41 The following four companies were not than if it had cooperated fully.46 It is the Companies Not Receiving a Separate responsive to the Department’s request for Q&V Department’s practice to select, as AFA, information: Hyundai-Huy Hoang Pipe, Tianjin Rate Lida Steel Pipe Group, Vietnam Germany Steel the higher of the: (a) Highest margin In the Initiation Notice, the Pipe, and Vingal Industries Co., Ltd. alleged in the petition; or (b) the highest 42 See, e.g., Prestressed Concrete Steel Wire calculated rate of any respondent in the Department requested that all Strand From the People’s Republic of China: companies wishing to qualify for Preliminary Determination of Sales at Less Than 43 See PC Strand from the PRC, 74 FR at 68236. separate rate status in this investigation Fair Value, 74 FR 68232, 68236 (December 23, 44 See also Statement of Administrative Action submit a separate rate status 2009) (PC Strand from the PRC) unchanged in Prestressed Concrete Steel Wire Strand From the accompanying the Uruguay Round Agreements Act application. See Initiation Notice, 76 FR People’s Republic of China: Final Determination of (URAA), H.R. Doc. 103–316, 870 (1994) (SAA); at 72169. The following three exporters Sales at Less Than Fair Value, 75 FR 28560 (May Notice of Final Determination of Sales at Less Than 21, 2010); see also Preliminary Determination of Fair Value: Certain Cold-Rolled Flat-Rolled Carbon- submitted a timely response to the Quality Steel Products from the Russian Federation, Department’s Q&V questionnaire, but Sales at Less Than Fair Value, Postponement of Final Determination, and Preliminary Partial 65 FR 5510, 5518 (February 4, 2000). did not provide a separate rate Determination of Critical Circumstances: Diamond 45 See Notice of Final Determination of Sales at application: (1) Daiwa Lance Sawblades and Parts Thereof From the People’s Less Than Fair Value and Final Negative Critical International Co., Ltd.; (2) Hoa Sen Republic of China, 70 FR 77121, 77128 (December Circumstances: Carbon and Certain Alloy Steel 29, 2005), unchanged in Final Determination of Wire Rod from Brazil, 67 FR 55792, 55796 (August Group; (3) Vietnam Steel Pipe Co. Ltd. Sales at Less Than Fair Value and Final Partial 30, 2002); see also Notice of Final Determination of Affirmative Determination of Critical Sales at Less Than Fair Value: Static Random 40 See Laizhou Auto Brake Equipment Co. v. Circumstances: Diamond Sawblades and Parts Access Memory Semiconductors From Taiwan, 63 United States, Court No. 06–00430, Slip Op. 08–71 Thereof from the People’s Republic of China, 71 FR FR 8909, 8932 (February 23, 1998). (Ct. Int’l Trade, 2008) at 24–25. 29303 (May 22, 2006). 46 See SAA at 870.

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investigation.47 As AFA, we have specific margins. Accordingly, we find were made at LTFV, we compared CEP preliminarily assigned a rate of 27.96 the rate of 27.96 percent is corroborated to NV, as described in the ‘‘U.S. Price,’’ percent to the Vietnam-wide entity, the within the meaning of section 776(c) of and ‘‘Normal Value’’ sections of this highest margin alleged in the petition, the Act.51 The Vietnam-wide entity rate notice. Specifically, we compared NV to as corrected by the Department at our applies to all entries of certain steel pipe weighted-average CEPs in accordance initiation of this investigation.48 except for entries from Haiphong with section 777A (d)(1) of the Act. Hongyuan, SeAH VINA, and the three Corroboration other producers/exporters receiving a U.S. Price Section 776(c) of the Act provides separate rate. Both Haiphong Hongyuan and SeAH that, when the Department relies upon VINA reported that all of their U.S. sales secondary information, rather than Date of Sale during the POI were CEP in accordance information obtained in the course of 19 CFR 351.401(i) states that, ‘‘{i}n with section 772(b) of the Act. We based the investigation, as facts available, it identifying the date of sale of the CEP on prices to the first unaffiliated must, to the extent practicable, merchandise under consideration or purchaser in the United States. corroborate that information from foreign like product, the Secretary Where appropriate, we made independent sources reasonably at its normally will use the date of invoice, as deductions from the starting price (gross disposal. Secondary information is recorded in the exporter or producer’s unit price) for foreign movement described as ‘‘information derived from records kept in the ordinary course of expenses, international movement the petition that gave rise to the business.’’ Additionally, the Secretary expenses, and U.S. movement expenses, investigation or review, the final may use a date other than the date of in accordance with section 772(c)(2)(A) determination concerning the invoice if the Secretary is satisfied that of the Act. We based movement merchandise subject to this a different date better reflects the date expenses on either SVs if the expense investigation, or any previous review on which the exporter or producer was paid to an NME company in under section 751 concerning the establishes the material terms of sale.52 Vietnamese dong, or actual expenses if merchandise subject to this The Court of International Trade (the they were paid for in a market-economy investigation.’’ 49 To ‘‘corroborate’’ Court) has stated, ‘‘a party seeking to currency. See ‘‘Memorandum from Fred means the Department will satisfy itself establish a date of sale other than Baker to the File, Re: Surrogate Values that the secondary information to be invoice date bears the burden of Used in the Preliminary Determination’’ used has probative value. Independent producing sufficient evidence to ‘satisfy’ (SV Memorandum), dated concurrently sources used to corroborate may the Department that ‘a different date with this notice for details regarding the include, for example, published price better reflects the date on which the SVs used for movement expenses. lists, official import statistics and exporter or producer establishes the In accordance with section 772(d)(1) customs data, and information obtained material terms of sale.’ ’’ 53 The date of of the Act, we also deducted, where from interested parties during the sale is generally the date on which the appropriate, those selling expenses particular investigation. To corroborate parties agree upon all substantive terms associated with economic activities secondary information, the Department of the sale. This normally includes the occurring in the United States. We will, to the extent practicable, examine price, quantity, delivery terms and deducted, where appropriate, rebates, the reliability and relevance of the payment terms.54 discounts, commissions, advertising information. The AFA rate the Both Haiphong Hongyuan and SeAH expenses, credit expenses, warranty Department used is drawn from the VINA reported their dates of sale based expenses, further processing, inventory petition, as adjusted to reflect Court of on the date their U.S. affiliates issued an carrying costs, and indirect selling Appeals for the Federal Circuit’s invoice to the unaffiliated U.S. expenses. In addition, pursuant to decision in Dorbest Ltd. v. United customer. No information on the record section 772(d)(3) of the Act, we made an States, 604 F.3d 1363, 1372 (Fed. Cir. demonstrates that any other date better adjustment to the starting price for CEP 2010) (Dorbest).50 To corroborate the reflected the date on which the material profit. AFA margin we have selected, we terms of sale were established. compared it to model-specific margins Therefore, consistent with 19 CFR Normal Value we found for the participating 351.401(i), the Department has Section 773(c)(1) of the Act provides mandatory respondent SeAH VINA. We preliminarily determined that the that the Department shall determine the found the margin of 27.96 percent has invoice date is the date that best reflects NV using a FOP methodology if the probative value because it is in the when the material terms of sale are set, merchandise is exported from an NME range of the SeAH VINA’s model- and used it as the date of sale in this and the information does not permit the preliminary determination. calculation of NV using home-market 47 See, e.g., Preliminary Determination of Sales at Fair Value Comparisons prices, third-country prices, or Less Than Fair Value and Partial Affirmative constructed value under section 773(a) Determination of Critical Circumstances: Certain To determine whether sales of certain of the Act. The Department bases NV on Polyester Staple Fiber from the People’s Republic of steel pipe to the United States by China, 71 FR 77373, 77377 (December 26, 2006), the FOP methodology because the unchanged in Final Determination of Sales at Less Haiphong Hongyuan and SeAH VINA presence of government controls on Than Fair Value and Partial Affirmative various aspects of NMEs renders price 51 Determination of Critical Circumstances: Certain Id. comparisons and the calculation of Polyester Staple Fiber from the People’s Republic of 52 See 19 CFR 351.401(i); see also Allied Tube & China, 72 FR 19690 (April 19, 2007). Conduit Corp. v. United States, 132 F. Supp. 2d production costs invalid under the 48 See Initiation Notice at 76 FR 72168. 1087, 1090 (Ct. Int’l. Trade 2001) (quoting 19 CFR Department’s normal methodologies.55 49 See Final Determination of Sales at Less Than 351.401(i)) (Allied Tube). Fair Value: Sodium Hexametaphosphate from the 53 See Allied Tube, 132 F. Supp. 2d at 1090–1092. 55 See, e.g., Preliminary Determination of Sales at People’s Republic of China, 63 FR 6479, 6481 54 See, e.g., Notice of Final Determination of Sales Less Than Fair Value, Affirmative Critical (February 4, 2008), quoting the SAA at 870. at Less Than Fair Value: Certain Cold-Rolled Flat- Circumstances, In Part, and Postponement of Final 50 See Antidumping Methodologies in Rolled Carbon-Quality Steel Products from Turkey, Determination: Certain Lined Paper Products from Proceedings Involving Non-Market Economies: 65 FR 15123 (March 21, 2000) and accompanying the People’s Republic of China, 71 FR 19695 (April Valuing the Factor of Production: Labor, 76 FR Issues and Decision Memorandum at Date of Sale, 17, 2006), unchanged in Final Determination of 36092 (June 21, 2011) (Labor Methodologies). Comment 1. Sales at Less Than Fair Value, and Affirmative

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Factor Valuation Methodology to infer that all exports to all markets with our statement of policy as outlined from these countries may be in Antidumping Methodologies: Market In accordance with section 773(c) of 59 64 the Act, we calculated NV based on FOP subsidized. Further, guided by the Economy Inputs, we used the actual data Haiphong Hongyuan and SeAH legislative history, it is the Department’s purchases of these inputs to value the VINA reported for the POI. To calculate practice not to conduct a formal inputs. Accordingly, we valued certain of NV, we multiplied the reported per-unit investigation to ensure that such prices are not subsidized.60 Rather, the SeAH VINA’s inputs using the ME factor-consumption rates by publicly Department bases its decision on prices paid for in an ME currency for available SVs, except for certain inputs information that is available to it at the the inputs where the total volume of the for which the Department determined time it makes its determination. input purchased from all ME sources that usage of market-economy (ME) Additionally, consistent with our during the POR exceeded or was equal prices was warranted, as described practice, we disregarded prices from to 33 percent of the total volume of the below. In selecting the SVs, among other NME countries and excluded imports input purchased from all sources during criteria, we considered the quality, labeled as originating from an the period. Where ME purchases specificity, and contemporaneity of the ‘‘unspecified’’ country from the average constituted less than 33 percent of the data. As appropriate, we adjusted input value, because the Department could total volume of input purchased, we prices by including freight costs to make not be certain that they were not from weight-averaged the ME purchase prices them delivered prices. Specifically, we either an NME country or a country with an appropriate SV. Where added to the SVs a surrogate freight cost with general export subsidies.61 appropriate, we added freight to the ME using the shorter of the reported Therefore, we have not used prices from prices of inputs. For a detailed distance from the domestic supplier to these countries either in calculating the description of the actual values used for the factory or the distance from the Indian import-based SVs or in the ME inputs reported, see the SV nearest seaport to the factory, where calculating ME input values.62 Memorandum and the SeAH VINA appropriate. This adjustment is in SeAH VINA reported that certain of Analysis Memo. accordance with the Court of Appeals its raw material inputs were sourced Previously, the Department used for the Federal Circuit’s decision in from an ME country and paid for in an regression-based wages that captured Sigma Corp. v. United States, 117 F.3d ME currency. When a respondent the worldwide relationship between per 1401, 1407–08 (Fed. Cir. 1997).56 sources inputs from an ME supplier in capita GNI and hourly manufacturing For this preliminary determination, meaningful quantities, we use the actual wages, pursuant to 19 CFR we used Indian import statistics to price paid by the respondent for those 351.408(c)(3), to value the respondent’s calculate SVs for the mandatory inputs, except when prices may have cost of labor. However, on May 14, respondents’ FOPs (direct materials, been distorted by dumping or 2010, the Federal Circuit in Dorbest energy inputs, and packing materials). subsidies.63 Where we found ME invalidated 19 CFR 351.408(c)(3). As a In selecting the best available purchases to be of significant quantities consequence of the Federal Circuit’s information for valuing FOPs in (i.e., 33 percent or more), in accordance ruling in Dorbest, the Department no accordance with section 773(c)(1) of the longer relies on the regression-based Act, the Department’s practice is to Expedited Sunset Review, 70 FR 45692 (August 8, wage rate methodology described in its select, to the extent practicable, SVs 2005), and accompanying Issues and Decision regulations. which are non-export average values, Memorandum at 4; Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: On June 21, 2011, the Department most contemporaneous with the POI, Final Results of Countervailing Duty Administrative revised its methodology for valuing the product-specific, and tax-exclusive.57 Review, 74 FR 2512 (January 15, 2009), and labor input in NME AD proceedings.65 Furthermore, with regard to the accompanying Issues and Decision Memorandum at In Labor Methodologies, the Department Indian import-based SVs, we have 17, 19–20; Final Affirmative Countervailing Duty Determination: Certain Hot-Rolled Carbon Steel Flat explained that the best methodology to disregarded import prices that we have Products from Thailand, 66 FR 50410 (October 3, value the labor input is to use industry- reason to believe or suspect may be 2001), and accompanying Issues and Decision specific labor rates from the primary subsidized. We have reason to believe or Memorandum at 23. surrogate country.66 Additionally, the suspect that prices of inputs from 59 See Notice of Final Determination of Sales at Department determined that the best Less Than Fair Value and Negative Final Indonesia, Thailand and South Korea Determination of Critical Circumstances: Certain data source for industry-specific labor may have been subsidized because we Color Television Receivers From the People’s rates is Chapter 6A: Labor Cost in have found in other proceedings that Republic of China, 69 FR 20594 (April 16, 2004), Manufacturing, from the International these countries maintain broadly and accompanying Issues and Decision Labor Organization (ILO) Yearbook of Memorandum at Comment 7. 67 available, non-industry-specific export 60 Labor Statistics (Yearbook). The latest 58 See Conference Report, at 590; see also subsidies. Therefore, it is reasonable Preliminary Determination of Sales at Less Than year for which ILO Chapter 6A reports Fair Value and Postponement of Final national data for India is 2005. The Critical Circumstances, in Part: Certain Lined Paper Determination: Coated Free Sheet Paper from the Department finds the two-digit Products From the People’s Republic of China, 71 People’s Republic of China, 72 FR 30758 (June 4, FR 53079 (September 8, 2006). 2007), unchanged in Final Determination of Sales description under Division 27 56 A detailed description of all SVs used can be at Less Than Fair Value: Coated Free Sheet Paper (Manufacture of Basic Metals) of the found in the SV Memorandum. from the People’s Republic of China, 72 FR 60632 ISIC-Revision 3 to be the best available 57 See, e.g., Notice of Preliminary Determination (October 25, 2007). information on the record because it is of Sales at Less Than Fair Value, Negative 61 See Notice of Preliminary Determination of most specific to the industry being Preliminary Determination of Critical Sales at Less Than Fair Value and Postponement Circumstances and Postponement of Final of Final Determination: Chlorinated Isocyanurates Determination: Certain Frozen and Canned From the People’s Republic of China, 69 FR 75294, 64 See Antidumping Methodologies: Market Warmwater Shrimp From the Socialist Republic of 75301 (December 16, 2004), unchanged in Notice of Economy Inputs, Expected Non-Market Economy Vietnam, 69 FR 42672, 42682 (July 16, 2004), Final Determination of Sales at Less Than Fair Wages, Duty Drawback; and Request for Comments, unchanged in Final Determination of Sales at Less Value: Chlorinated Isocyanurates From the People’s 71 FR 61716, 61717 (October 19, 2006) Than Fair Value: Certain Frozen and Canned Republic of China, 70 FR 24502 (May 10, 2005). (Antidumping Methodologies: Market Economy Warmwater Shrimp From the Socialist Republic of 62 See id. Inputs). Vietnam, 69 FR 71005 (December 8, 2004). 63 See Antidumping Duties; Countervailing 65 See Labor Methodologies. 58 See, e.g., Certain Cut-to-Length Carbon Quality Duties; Final Rule, 62 FR 27296, 27366 (May 19, 66 See Labor Methodologies, 76 FR at 36093. Steel Plate from Indonesia: Final Results of 1997). 67 See id.

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examined, and is therefore derived from not warrant or permit an adjustment to upon which we will rely in making our industries that produce comparable the surrogate financial statements.68 A final determination. merchandise. Accordingly, relying on more detailed description of the wage Combination Rates Chapter 6A of the Yearbook, the rate calculation methodology is Department calculated the labor input provided in the Surrogate Values In the Initiation Notice, the using labor data reported by India to the Memorandum. Department stated that it would ILO under Division 27 of ISIC-Revision To value factory overhead, selling, calculate combination rates for certain 3 standard, in accordance with Section general, and administrative expenses, respondents that are eligible for a 69 773(c)(4) of the Act. A more detailed and profit, we relied on the financial separate rate in this investigation. All description of the labor rate calculation statements of Crimson Metal separate rates the Department now methodology is provided in the Engineering Company, Ltd., Rajasthan assigns to exporters will be specific to Preliminary Surrogate Value Tube Manufacturing Company, Ltd., those producers that supplied the Memorandum. We find that this APL Apollo Tubes Limited, and Nezone exporter during the POI. This practice information constitutes the best Tubes Limited, all Indian producers of applies both to mandatory respondents available information on the record identical or comparable merchandise. receiving an individually-calculated because it is the most contemporaneous separate rate, as well as the pool of non- data available for the POI and, thus, For further details regarding the investigated firms receiving the average more accurately reflective of actual calculation of the surrogate financial of rates applied in this investigation. wages in India. rations, see the Surrogate Values This practice is referred to as the Therefore, for the preliminary Memorandum. application of ‘‘combination rates,’’ determination, we calculated the labor Currency Conversion because such rates apply to the specific inputs using the data for average combination of exporters and their monthly industrial wages prevailing We made currency conversions into supplying producers. The cash-deposit during 2005 in India, corresponding to U.S. dollars, in accordance with section rate assigned to an exporter will apply ‘‘Manufacturing’’ economic sector. For 773A(a) of the Act, based on the only to merchandise both exported by the preliminary determination, the exchange rates in effect on the dates of the firm in question and produced by a calculated industry-specific wage rate is the U.S. sales as certified by the Federal firm that supplied the exporter during 2.16 Rs./hour. Because the Indian Reserve Bank. the POI. financial statements on the record do Verification not itemize the indirect costs reflected Preliminary Determination in Chapter 6A data, we find that the As provided in section 782(i)(1) of the The weighted-average dumping facts and information on the record do Act, we intend to verify the information margins are as follows:

Weighted- Exporter Producer average margin (percent)

SeAH Steel VINA Corporation ...... SeAH Steel VINA Corporation ...... 0.00 Vietnam Haiphong Hongyuan Machinery Manufactory Co., Vietnam Haiphong Hongyuan Machinery Manufactory Co., 0.00 Ltd. Ltd. Sun Steel Joint Stock Company ...... Sun Steel Joint Stock Company ...... 9.32 Huu Lien Asia Corporation ...... Huu Lien Asia Corporation ...... 9.32 Hoa Phat Steel Pipe Co ...... Hoa Phat Steel Pipe Co ...... 9.32 Vietnam-Wide Rate 70 ...... 27.96

Disclosure wide entity on or after the date of dumping margin of zero, consideration We will disclose the calculations publication of this notice in the Federal of adjusting its cash deposit rate is performed within five days of the date Register. Additionally, we will instruct moot. of publication of this notice to parties in CBP to require an AD cash deposit or For SeAH VINA, we will make no this proceeding in accordance with 19 the posting of a bond for each entry adjustment to its cash deposit rate as we CFR 351.224(b). equal to the weighted-average amount found no countervailable export by which the NV exceeds U.S. price, as subsidies for the company in the CVD Suspension of Liquidation indicated above.71 investigation. Id. In accordance with section 733(d) of Additionally, the Department has For the remaining separate rate the Act, we will instruct CBP to suspend preliminarily determined in its respondents not subject to individual liquidation of all entries of certain steel concurrent countervailing duty investigation who are receiving the All pipe from Vietnam as described in the investigation of circular welded pipe Others rate in the CVD investigation, we ‘‘Scope of Investigation’’ section, from Vietnam that subject merchandise will instruct CBP to require an entered, or withdrawn from warehouse, exported by Haiphong Hongyuan antidumping duty cash deposit or for consumption from Haiphong benefitted from export subsidies.72 With posting of a bond equal to the amount Hongyuan, SeAH VINA, the Separate- respect to Haiphong Hongyuan, as it by which the NV exceeds the U.S. price, Rate Respondents, and the Vietnam- currently has a weighted-average as indicated above, reduced by the

68 See id. at 36094. 71 See, e.g., Notice of Final Determination of Sales Affirmative Countervailing Duty Determination and 69 See Initiation Notice, 76 FR at 72169; Policy at Less Than Fair Value: Carbazole Violet Pigment Alignment of Final Countervailing Duty Bulletin 05.1. 23 From India, 69 FR 67306, 67307 (November 17, Determination with Antidumping Duty 70 Vietnam-Wide entity includes: Hyundai-Huy 2007). Determination, 77 FR 19211 (March 30, 2012). Hoang Pipe, Tianjin Lida Steel Pipe Group, Vietnam 72 See Circular Welded Carbon Quality Steel Pipe Germany Steel Pipe, and Vingal Industries Co., Ltd. from the Socialist Republic of Vietnam: Preliminary

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lesser of the average export subsidy days. On the same day, petitioners Import Administration, U.S. Department rates determined in the CVD Allied Tube and Conduit, JMC Steel of Commerce, filed electronically using investigation or the average of the CVD Group, and Wheatland Tube also Import Administration’s Antidumping export subsidy rates applicable to the requested that the Department postpone and Countervailing Duty Centralized mandatory respondents upon which the its final determination by 60 days. In Electronic Service System (IA ACCESS). separate rate dumping margins are accordance with section 735(a)(2)(A) of The Department’s electronic records based.73 the Act and 19 CFR 351.210(b)(2)(ii), system, IA ACCESS, must successfully For all other entries of circular because (1) our preliminary receive in its entirety any electronically welded pipe from Vietnam, the determination is affirmative; (2) the filed document by 5 p.m. Eastern following cash deposit or bonding requesting producer/exporter accounts Standard Time (ET) within 30 days after instructions apply: (1) The rate for the for a significant proportion of exports of the date of publication of this notice. exporter/producer combinations listed the subject merchandise; and (3) no See 19 CFR 351.310(c). Requests should in the chart above will be the rate we compelling reasons for denial exist, we contain the party’s name, address, have determined in this preliminary are granting this request and are telephone number, the number of determination; (2) for all Vietnam postponing the final determination until participants, and a list of the issues to exporters of subject merchandise which no later than 135 days after the be discussed. If any party requests a have not received their own rate, the publication of this notice in the Federal hearing, we will inform parties of the cash-deposit rate will be the Vietnam- Register. Suspension of liquidation will scheduled date of the hearing, which we wide rate; and (3) for all non-Vietnam be extended accordingly. We are also will hold at the U.S. Department of exporters of subject merchandise which granting the request to extend the Commerce, 14th Street and Constitution have not received their own rate, the application of the provisional measures Avenue NW., Washington, DC 20230. cash-deposit rate will be the rate prescribed under section 733(d) of the See 19 CFR 351.310. Parties should applicable to Vietnam exporter/ Act and 19 CFR 351.210(e)(2) from a confirm by telephone the date, time, and producer combination that supplied that four-month period to a six-month location of the hearing. non-Vietnam exporter. These period. We will make our final determination suspension-of-liquidation instructions International Trade Commission no later than 135 days after the date of will remain in effect until further notice. Notification publication of this preliminary determination, pursuant to section Postponement of Final Determination In accordance with section 733(f) of 735(a)(2) of the Act. and Extension of Provisional Measures the Act, we will notify the Commission This determination is issued and Section 735(a)(2) of the Act provides of our preliminary affirmative published in accordance with sections that a final determination may be determination of sales at LTFV. Section 733(f) and 777(i)(1) of the Act. 735(b)(2) of the Act requires the postponed until not later than 135 days Dated: May 21, 2012. after the date of the publication of the Commission to make its final Paul Piquado, preliminary determination if, in the determination as to whether the event of an affirmative preliminary domestic industry in the United States Assistant Secretary for Import Administration. determination, a request for such is materially injured, or threatened with postponement is made by exporters who material injury, by reason of imports of Appendix I—Scope of the Investigation account for a significant proportion of certain steel pipe, or sales (or the likelihood of sales) for importation, This investigation covers welded carbon- exports of the subject merchandise, or in quality steel pipes and tube, of circular cross- the event of a negative preliminary within 45 days of our final section, with an outside diameter (‘‘O.D.’’) determination, a request for such determination. not more than 16 inches (406.4 mm), postponement is made by the petitioner. Public Comments regardless of wall thickness, surface finish The Department’s regulations, at 19 CFR (e.g., black, galvanized, or painted), end Parties may submit case briefs or 351.210(e)(2), require that requests by finish (plain end, beveled end, grooved, other written comments to the Assistant threaded, or threaded and coupled), or respondents for postponement of a final Secretary for Import Administration no industry specification (e.g., American Society determination be accompanied by a later than seven days after the date on for Testing and Materials International request for extension of provisional which the Department issues the final (‘‘ASTM’’), proprietary, or other) generally measures from a four-month period to known as standard pipe, fence pipe and tube, verification report in this proceeding. not more than six months. sprinkler pipe, and structural pipe (although On May 18, 2012, Haiphong Parties may submit rebuttal briefs, subject product may also be referred to as Hongyuan requested that in the event of limited to issues raised in case briefs, no mechanical tubing). Specifically, the term an affirmative preliminary later than five days after the deadline ‘‘carbon quality’’ includes products in which: date for case briefs. See 19 CFR 351.309. (a) Iron predominates, by weight, over each determination in this investigation, the of the other contained elements; (b) the Department postpone its final A table of contents, list of authorities used and an executive summary of carbon content is 2 percent or less, by weight; determination by 60 days (135 days after and (c) none of the elements listed below publication of the preliminary issues should accompany any briefs exceeds the quantity, by weight, as indicated: determination) and extend the parties submit to the Department. (i) 1.80 percent of manganese; application of the provisional measures Parties should limit this summary to (ii) 2.25 percent of silicon; prescribed under section 733(d) of the five pages total, including footnotes. (iii) 1.00 percent of copper; In accordance with section 774 of the (iv) 0.50 percent of aluminum; Act and 19 CFR 351.210(e)(2), from a Act, we will hold a public hearing, if (v) 1.25 percent of chromium; four-month period to a six-month requested, to afford interested parties an (vi) 0.30 percent of cobalt; period. Also on May 18, 2012, SeAH opportunity to comment on arguments (vii) 0.40 percent of lead; VINA requested that the Department raised in case or rebuttal briefs. (viii) 1.25 percent of nickel; postpone its final determination by 60 (ix) 0.30 percent of tungsten; Interested parties who wish to request a (x) 0.15 percent of molybdenum; 73 In this case, the Department only found hearing, or to participate if one is (xi) 0.10 percent of niobium; countervailable export subsidies of 8.06 percent requested, must submit a written (xii) 0.41 percent of titanium; applicable to Haiphong Hongyuan. request to the Assistant Secretary for (xiii) 0.15 percent of vanadium;

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(xiv) 0.15 percent of zirconium. thickness (gage 18) DEPARTMENT OF COMMERCE Subject pipe is ordinarily made to ASTM 1.660 inch O.D. and 0.055 inch wall specifications A53, A135, and A795, but can thickness (gage 17) International Trade Administration also be made to other specifications. 1.660 inch O.D. and 0.065 inch wall Structural pipe is made primarily to ASTM thickness (gage 16) [A–533–852] specifications A252 and A500. Standard and 1.660 inch O.D. and 0.072 inch wall Circular Welded Carbon-Quality Steel structural pipe may also be produced to thickness (gage 15) proprietary specifications rather than to 1.660 inch O.D. and 0.083 inch wall Pipe From India: Preliminary industry specifications. Fence tubing is thickness (gage 14) Determination of Sales at Less Than included in the scope regardless of Fair Value certification to a specification listed in the 1.660 inch O.D. and 0.095 inch wall exclusions below, and can also be made to thickness (gage 13) AGENCY: Import Administration, the ASTM A513 specification. Sprinkler pipe 1.660 inch O.D. and 0.109 inch wall International Trade Administration, is designed for sprinkler fire suppression thickness (gage 12) Department of Commerce. systems and may be made to industry 1.900 inch O.D. and 0.047 inch wall specifications such as ASTM A53 or to thickness (gage 18) SUMMARY: The U.S. Department of proprietary specifications. These products 1.900 inch O.D. and 0.055 inch wall Commerce (the Department) are generally made to standard O.D. and wall thickness (gage 17) preliminarily determines that circular thickness combinations. Pipe multi-stenciled 1.900 inch O.D. and 0.065 inch wall welded carbon-quality steel pipe from to a standard and/or structural specification thickness (gage 16) India is being, or is likely to be, sold in and to other specifications, such as American 1.900 inch O.D. and 0.072 inch wall the United States at less than fair value Petroleum Institute (‘‘API’’) API–5L thickness (gage 15) (LTFV) as provided in section 733(b) of specification, is also covered by the scope of 1.900 inch O.D. and 0.095 inch wall the Tariff Act of 1930, as amended (the this investigation when it meets the physical thickness (gage 13) description set forth above, and also has one Act). The estimated margin of sales at 1.900 inch O.D. and 0.109 inch wall or more of the following characteristics: Is 32 LTFV is listed in the ‘‘Suspension of thickness (gage 12) feet in length or less; is less than 2.0 inches Liquidation’’ section of this notice. (50 mm) in outside diameter; has a 2.375 inch O.D. and 0.047 inch wall Interested parties are invited to galvanized and/or painted (e.g., polyester thickness (gage 18) comment on this preliminary coated) surface finish; or has a threaded and/ 2.375 inch O.D. and 0.055 inch wall determination. or coupled end finish. thickness (gage 17) The scope of this investigation does not 2.375 inch O.D. and 0.065 inch wall DATES: Effective Date: June 1, 2012. include: (a) Pipe suitable for use in boilers, thickness (gage 16) FOR FURTHER INFORMATION CONTACT: superheaters, heat exchangers, refining 2.375 inch O.D. and 0.072 inch wall Steve Bezirganian and Robert James, furnaces and feedwater heaters, whether or thickness (gage 15) AD/CVD Operations, Office 7, Import not cold drawn; (b) finished electrical 2.375 inch O.D. and 0.095 inch wall Administration, International Trade 74 conduit; (c) finished scaffolding; (d) tube thickness (gage 13) Administration, U.S. Department of and pipe hollows for redrawing; (e) oil 2.375 inch O.D. and 0.109 inch wall country tubular goods produced to API Commerce, 14th Street and Constitution thickness (gage 12) Avenue NW., Washington, DC 20230; specifications; (f) line pipe produced to only 2.375 inch O.D. and 0.120 inch wall telephone (202) 482–1131 and (202) API specifications; and (g) mechanical thickness (gage 11) tubing, whether or not cold-drawn. However, 2.875 inch O.D. and 0.109 inch wall 482–0649, respectively. products certified to ASTM mechanical thickness (gage 12) SUPPLEMENTARY INFORMATION: tubing specifications are not excluded as 2.875 inch O.D. and 0.134 inch wall mechanical tubing if they otherwise meet the Background thickness (gage 10) standard sizes (e.g., outside diameter and 2.875 inch O.D. and 0.165 inch wall On October 26, 2011, the Department wall thickness) of standard, structural, fence received petitions concerning imports of and sprinkler pipe. Also, products made to thickness (gage 8) the following outside diameter and wall 3.500 inch O.D. and 0.109 inch wall circular welded carbon-quality steel thickness combinations, which are thickness (gage 12) pipe (certain steel pipe) from India, the recognized by the industry as typical for 3.500 inch O.D. and 0.148 inch wall Sultanate of Oman (Oman), the United fence tubing, would not be excluded from the thickness (gage 9) Arab Emirates (UAE), and the Socialist scope based solely on their being certified to 3.500 inch O.D. and 0.165 inch wall Republic of Vietnam (Vietnam) filed in ASTM mechanical tubing specifications: thickness (gage 8) proper form on behalf of Allied Tube 1.315 inch O.D. and 0.035 inch wall 4.000 inch O.D. and 0.148 inch wall and Conduit, JMC Steel Group, thickness (gage 20) thickness (gage 9) Wheatland Tube Company, and United 1.315 inch O.D. and 0.047 inch wall 4.000 inch O.D. and 0.165 inch wall States Steel Corporation (collectively, thickness (gage 18) thickness (gage 8) Petitioners).1 1.315 inch O.D. and 0.055 inch wall 4.500 inch O.D. and 0.203 inch wall On November 15, 2011, the thickness (gage 17) thickness (gage 7) 1.315 inch O.D. and 0.065 inch wall Department initiated the antidumping The pipe subject to this investigation is duty investigations on certain steel pipe thickness (gage 16) currently classifiable in Harmonized Tariff 1.315 inch O.D. and 0.072 inch wall from India, Oman, the UAE, and Schedule of the United States (‘‘HTSUS’’) thickness (gage 15) Vietnam.2 1.315 inch O.D. and 0.083 inch wall statistical reporting numbers 7306.19.1010, We noted in the Initiation Notice that 7306.19.1050, 7306.19.5110, 7306.19.5150, thickness (gage 14) this investigation covers merchandise 1.315 inch O.D. and 0.095 inch wall 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, thickness (gage 13) 1 7306.30.5090, 7306.50.1000, 7306.50.5050, See Circular Welded Carbon-Quality Steel Pipe 1.660 inch O.D. and 0.047 inch wall from India, Oman, the UAE, and Vietnam: and 7306.50.5070. However, the product Antidumping and Countervailing Duty Petitions, 74 Finished scaffolding is defined as component description, and not the HTSUS filed on October 26, 2011 (hereinafter, the parts of a final, finished scaffolding that enters the classification, is dispositive of whether the Petitions). United States unassembled as a ‘‘kit.’’ A ‘‘kit’’ is merchandise imported into the United States 2 See Circular Welded Carbon-Quality Steel Pipe understood to mean a packaged combination of falls within the scope of the investigation. from India, the Sultanate of Oman, the United Arab component parts that contain, at the time of Emirates, and the Socialist Republic of Vietnam: importation, all the necessary component parts to [FR Doc. 2012–13227 Filed 5–31–12; 8:45 am] Initiation of Antidumping Duty Investigations, 76 fully assemble a final, finished scaffolding. BILLING CODE 3510–DS–P FR 72164 (November 22, 2011) (Initiation Notice).

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manufactured and/or exported by affiliate, Prime Metal Corporation USA. Investigation’’ in Appendix I of this Zenith Steel Pipes and Industries Ltd., After reviewing all comments, we have notice. which had been excluded from an adopted the product characteristics and Scope Comments existing antidumping duty order hierarchy as explained in the covering welded steel pipe and tube preliminary determinations of As noted above, on December 5, 2011, from India.3 In the Initiation Notice, we concurrent antidumping investigations SeAH VINA, a mandatory respondent in stated Petitioners had referred to Zenith on certain steel pipe. the concurrent AD and CVD Steel Pipes and Industries Ltd. and On December 16, 2011, the investigations of certain steel pipe from Zenith Birla (India) Limited International Trade Commission (ITC) Vietnam, filed comments arguing that interchangeably.4 See Initiation Notice at published its affirmative preliminary the treatment of double and triple 72168. Zenith Birla (India) Limited determination that there is a reasonable stenciled pipe in the scope of these appeared to be the current name for indication that imports of certain steel investigations differs from previous what was previously known as Zenith pipe from India, Oman, the UAE, and treatment of these products under other Steel Pipes and Industries, Ltd., and we Vietnam are materially injuring the U.S. orders on circular welded pipe. indicated we intended to issue industry, and the ITC notified the Specifically, SeAH VINA claims that the questionnaires to both of these named Department of its finding.6 Brazilian, Korean, and Mexican orders entities. See id. Because these On February 8, 2012, petitioners on these products exclude ‘‘Standard companies are the sole companies Allied Tube and Conduit and JMC Steel pipe that is dual or triple certified/ subject to this investigation, the Group, filed an allegation of sales below stenciled that enters the U.S. as line Department has not invoked the cost with respect to Zenith Birla. Those pipe of a kind used for oil and gas exception under section 777A(c)(2) of petitioners supplemented that allegation pipelines * * *’’ See SeAH Vina the Act, and the Department issued its in a submission made February 9, 2012. comments (December 5, 2011); see also questionnaire to Zenith Steel Pipes and On February 21, 2012, the Department Certain Circular Welded Non-Alloy Industries Ltd. and Zenith Birla (India) initiated a cost investigation with Steel Pipe from Brazil, the Republic of Limited on November 22, 2011. Only respect to Zenith Birla. See the February Korea, and Taiwan; and Certain Zenith Birla (India) Limited responded 21, 2012, memorandum from The Team Circular Welded Carbon Steel Pipes and to our questionnaire (see ‘‘Use of Facts to Richard Weible entitled ‘‘The Tubes From Taiwan: Final Results of the Otherwise Available’’ section, below), Petitioners’ Allegation of Sales Below Expedited Third Sunset Reviews of the and nothing on the record of the the Cost of Production for Zenith Birla Antidumping Duty Order, 76 FR 66899, investigation contradicts our original (India), Ltd.’’ 66900 (Oct. 28, 2011). According to conclusion that Zenith Birla (India) On February 17, 2012, petitioner SeAH VINA: (i) If the term ‘‘class or Limited is the current name for the Wheatland Tube Corporation filed an kind of merchandise’’ has meaning, it company formerly known as Zenith allegation of targeted dumping by cannot have a different meaning when Steel Pipes and Industries, Ltd.5 Zenith Birla. See the ‘‘Allegation of applied to the same products in two The Department set aside a period of Targeted Dumping’’ section below. different cases; and (ii) the distinction time for parties to raise issues regarding On February 29, 2012, petitioners between standard and line pipe product coverage and encouraged all Allied Tube and Conduit and JMC Steel reflected in the Brazil, Korean and parties to submit comments within 20 Group requested that the Department Mexican orders derives from customs calendar days of the date of signature of postpone its preliminary determination classifications administered by U.S. the Initiation Notice. See Initiation by 50 days. In accordance with section Customs and Border Protection (CBP) Notice, 76 FR at 72164. We received 733(c)(1)(A) of the Act, we postponed and, thus, is more administrable. comments from SeAH Steel Vina Corp. our preliminary determination by 50 On December 14, 2011, Allied Tube (SeAH VINA), a Vietnamese producer, days.7 and Conduit, JMC Steel Group, and on December 5, 2011, and we received Wheatland Tube (collectively, Certain Period of Investigation rebuttal comments from petitioners Petitioners), responded to SeAH VINA’s Allied Tube and Conduit, JMC Steel The period of investigation is October comments stating that the scope as it Group, and Wheatland Tube Company 1, 2010, through September 30, 2011. appeared in the Initiation Notice on December 14, 2011. After reviewing This period corresponds to the four reflected Petitioners’ intended coverage. all comments, we have adopted the most recent fiscal quarters prior to the Certain Petitioners contend that pipe ‘‘Scope of Investigation’’ section of this month of the filing of the petition, that is multi-stenciled to both line pipe notice, below. The Department also set October 2011. See 19 CFR 351.204(b)(1). and standard pipe specifications and meets the physical characteristics listed aside a period of time for parties to Scope of Investigation comment on product characteristics for in the scope (i.e., is 32 feet in length or use in the antidumping duty The products covered by this less; is less than 2.0 inches (50mm) in questionnaire and indicated that in investigation are circular welded outside diameter; has a galvanized and/ order to consider such comments, they carbon-quality steel pipe from India. For or painted (e.g., polyester coated) should be submitted no later than a full description of the scope of the surface finish; or has a threaded and/or December 9, 2012. See Initiation Notice, investigation, as set forth in the coupled end finish) is ordinarily used in 76 FR at 72164–5. On December 9, 2011, Initiation Notice see the ‘‘Scope of the standard pipe applications. Certain we received comments from a UAE Petitioners state that, in recent years, the producer named Universal Tube and 6 See Circular Welded Carbon-Quality Steel Pipe Department has rejected end-use scope From India, Oman, the United Arab Emirates, and classifications, preferring instead to rely Plastics Industries, Ltd. and its U.S. Vietnam, Investigation Nos. 701–TA–482–485 and 731–TA–1191–1194 (Preliminary), 76 FR 78313 on physical characteristics to define 3 See Antidumping Duty Order; Certain Welded (December 16, 2011). coverage, and the scope of these Carbon Steel Standard Pipes and Tubes from India, 7 See Circular Welded Carbon-Quality Steel Pipe investigations has been written 51 FR 17384 (May 12, 1986). From India, the Sultanate of Oman, the United accordingly. Therefore, Certain 4 See Initiation Notice at 72168. Arab Emirates, and the Socialist Republic of Petitioners ask the Department to reject 5 Because the party filing responses referred to Vietnam: Postponement of Preliminary itself as Zenith Birla (India) Limited, henceforward Determinations of Antidumping Duty SeAH VINA’s proposed scope we refer to the respondent as ‘‘Zenith Birla.’’ Investigations, 77 FR 15718 (March 16, 2012). modification.

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We agree with Certain Petitioners that under this title, or provides such February 21, 2012. In response to the Department seeks to define the information but the information cannot requests from Zenith Birla, the scopes of its proceedings based on the be verified as provided in section 782(i) Department extended the original physical characteristics of the of the Act, the administering authority deadline for response to that merchandise. See Notice of Final shall use, subject to section 782(d) of the questionnaire from March 6, 2012, to Determination of Sales at Less Than Act, facts otherwise available in March 12, 2012, and from the latter to Fair Value and Affirmative Final reaching the applicable determination. March 15, 2012. On March 15, 2012, Determination of Critical Section 782(d) of the Act provides that Zenith Birla requested an additional Circumstances: Circular Welded Carbon where the Department determines a deadline extension, to March 19, 2012, Quality Steel Pipe from the People’s response to a request for information and the Department extended the Republic of China, 73 FR 31970 (June 5, does not comply with the request, the deadline until 12:00 noon on March 16, 2008), and accompanying Issues and Department will so inform the party 2012. Shortly before that deadline on Decision Memorandum at Comment 1. submitting the response and will, to the March 16, 2012, Zenith Birla submitted Moreover, we disagree with SeAH extent practicable, provide that party a letter indicating it would submit its VINA’s contention that once a ‘‘class or the opportunity to remedy or explain response in three parts: One part on kind of merchandise’’ has been the deficiency. If the party fails to time, one part after the deadline on established that the same scope remedy the deficiency within the March 16, 2012, and one part by description must apply across all applicable time limits and subject to 9:00 a.m. on March 19, 2012. This letter proceedings involving the product. For section 782(e) of the Act, the requested that the deadlines for each of example, as the Department has gained Department may disregard all or part of the latter two parts be extended by the experience in administering the original and subsequent responses, Department to conform to this schedule. antidumping duty and countervailing as appropriate. Section 782(e) of the Act The Department did not extend the duty orders, it has shifted away from states further that the Department shall deadline, and none of Zenith Birla’s end use classifications to scopes defined not decline to consider submitted response was filed on time. On March by the physical characteristics. Id. Thus, information if all of the following 19, 2012, the Department issued a letter proceedings initiated on a given product requirements are met: (1) The to Zenith Birla indicating the many years ago may have end use information is submitted by the Department was rejecting the untimely classifications while more recent established deadline; (2) the information response and deleting it from the record. proceedings on the product would not. can be verified; (3) the information is On March 19, 2012, the Department Compare, e.g., Countervailing Duty not so incomplete that it cannot serve as noted in a memorandum to the file that Order: Oil Country Tubular Goods from a reliable basis for reaching the the documents in question should be Canada, 51 FR 21783 (June 16, 1986) applicable determination; (4) the rejected and deleted from the record. On (describing subject merchandise as interested party has demonstrated that it April 9, 2012, Zenith Birla submitted a being ‘‘intended for use in drilling for acted to the best of its ability; (5) the letter claiming it was responding to the oil and gas’’) with Certain Oil Country information can be used without undue best of its ability, that the Department Tubular Goods From the People’s difficulties. could not impose adverse inferences Republic of China: Amended Final The Department stated the following unless it could show the respondent Affirmative Countervailing Duty in a letter to Zenith Birla dated February { } failed to act to the best of its ability, and Determination and Countervailing Duty 6, 2012: ‘‘ t he questionnaire responses that the Department could not cease the submitted by Zenith Birla (India) Ltd. Order, 75 FR 3203 (January 20, 2010) questionnaire process unless it could have been in some instances untimely (describing the subject merchandise in demonstrate it lacked the time to filed, and submissions made have terms of physical characteristics without complete the investigation within contained deficiencies. These regard to use or intended use). Finally, statutory deadlines. Certain Petitioners have indicated the deficiencies have included failure to domestic industry’s intent to include explicitly justify requested proprietary In this case, Zenith Birla did not multi-stenciled products that otherwise treatment for certain information, respond to our request for information meet the physical characteristics set out insufficient public summaries of in a timely manner, withheld in the scope. Therefore, the Department business proprietary information, and/ information the Department requested, is not adopting SeAH VINA’s proposed or failure to certify the accuracy and and significantly impeded the modification of the scope. service of certain submissions. In proceeding. Zenith Birla’s involvement addition, many of the specific requests in this investigation, when viewed in Use of Facts Otherwise Available for information have gone unanswered, conjunction with the requirements of For the reasons discussed below, we and in some instances the answers sections 782(c) and (d) of the Act and determine that the use of facts otherwise provided have been contradictory. The the instructions clearly articulated in available with an adverse inference is number and nature of these and other the Department’s questionnaire, show appropriate for the preliminary problems is so pervasive as to reflect a that Zenith Birla was afforded sufficient determination with respect to Zenith persistent pattern of obstruction of, and opportunities to provide the requested Birla. non-cooperation with, this information, and, therefore, the investigation.’’ We noted ‘‘that further Department was under no obligation to A. Use of Facts Available deficiencies of this nature may result in provide additional opportunities for Section 776(a)(2) of the Act provides the rejection of such responses in their Zenith Birla to provide this information that, if an interested party withholds entirety, and may warrant the use of after the multiple extensions already information requested by the partial or total facts available, pursuant granted. Because Zenith Birla did not administering authority, fails to provide to section 776(a) of the Act, which may provide the requested information by such information by the deadlines for include adverse inferences, pursuant to the established deadline, its submission of the information or in the section 776(b) of the Act.’’ submissions do not satisfy the criteria of form and manner requested, subject to Zenith Birla did not respond in a section 782(e) of the Act. Accordingly, subsections (c)(1) and (e) of section 782, timely manner to the Department’s pursuant to section 776(a)(2) of the Act, significantly impedes a proceeding supplemental questionnaire dated we are relying upon facts otherwise

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available for Zenith Birla’s antidumping antidumping questionnaires, including derived from the petition, a final duty margin. failure to respond in a timely manner. determination, a previous Nonetheless, Zenith Birla failed to administrative review, or other B. Application of Adverse Inferences for provide a timely response to the information placed on the record. See Facts Available February 21, 2012, supplemental also 19 CFR 351.308(c) and the SAA at Section 776(b) of the Act provides questionnaire, despite the Department’s 868–870. In selecting a rate for AFA, the that, if the Department finds that an multiple extensions of the deadline for Department selects a rate that is interested party has failed to cooperate filing the response. See Essar at *19 sufficiently adverse to ensure that the by not acting to the best of its ability to (‘‘Without the ability to enforce full uncooperative party does not obtain a comply with a request for information, compliance with its questions, more favorable result by failing to the Department may use an inference Commerce runs the risk of cooperate than if it had fully adverse to the interests of that party in gamesmanship and lack of finality in its cooperated. Normally, it is the selecting the facts otherwise available.8 investigations.’’). This failure indicates Department’s practice to use the highest In addition, the Statement of that Zenith Birla has not cooperated rate from the petition in an investigation Administrative Action accompanying with our requests for information. See when a respondent fails to act to the the Uruguay Round Agreements Act, Nippon Steel Corp. v. United States, 337 best of its ability to provide the H.R. Rep. 103–316, Vol. 1, 103d Cong. F.3d 1373, 1382 (Fed. Cir. 2003) necessary information.11 The rates in (1994) (SAA), explains that the (‘‘Compliance with the ‘best of its the petition range from 22.88 percent to Department may employ an adverse ability’ standard is determined by 48.43 percent. See Initiation Notice at inference ‘‘to ensure that the party does assessing whether respondent has put 72168. not obtain a more favorable result by forth its maximum effort to provide Section 776(c) of the Act provides failing to cooperate than if it had Commerce with full and complete that, when the Department relies on cooperated fully.’’ 9 Furthermore, answers to all inquiries in an secondary information, rather than on affirmative evidence of bad faith on the investigation. While the standard does information obtained in the course of an part of a respondent is not required not require perfection and recognizes investigation as facts available, it must, before the Department may make an that mistakes sometimes occur, it does to the extent practicable, corroborate adverse inference. See, e.g., Notice of not condone inattentiveness, that information from independent Final Determination of Sales at Less carelessness, or inadequate record sources reasonably at its disposal. Than Fair Value: Circular Seamless keeping.’’). Moreover, ‘‘{i}t is Secondary information is described in Stainless Steel Hollow Products From {respondent’s} burden to create an the SAA as ‘‘information derived from Japan, 65 FR 42985 (July 12, 2000); accurate record during Commerce’s the petition that gave rise to the Antidumping Duties, Countervailing investigation.’’ See Essar at *23 (citing investigation or review, the final Duties, 62 FR 27296, 27340 (May 19, Zenith Elecs. Corp. v. United States, 988 determination concerning subject 1997); and Nippon Steel Corp. v. United F.2d 1573, 1583 (Fed. Cir. 1993)). Zenith merchandise, or any previous review States, 337 F.3d 1373, 1382–83 (Fed. Birla’s failures have precluded the under Section 751 concerning the Cir. 2003) (‘‘While intentional conduct, Department from performing the subject merchandise.’’ See the SAA at such as deliberate concealment or necessary analysis and verification of 870. The SAA provides that to inaccurate reporting, surely evinces a Zenith Birla’s questionnaire responses ‘‘corroborate’’ means that the failure to cooperate, the statute does not required by section 782(i)(1) of the Act. Department will satisfy itself that the contain an intent element.’’). It is the For the reasons discussed, the secondary information to be used has Department’s practice to consider, in Department has preliminarily probative value. See id. The employing adverse inferences, the determined that Zenith Birla has failed Department’s regulations state that extent to which a party may benefit to cooperate to the best of its ability and, independent sources used to corroborate from its own lack of cooperation. See therefore, in selecting from among the such evidence may include, for Essar Steel Ltd. v. United States, 2012 facts otherwise available, an adverse example, published price lists, official U.S. App. LEXIS 8621 at *18 (Fed. Cir. inference is warranted, pursuant to import statistics and customs data, and Apr. 27, 2012) (Essar) (‘‘Because section 776(b) of the Act.10 information obtained from interested Commerce lacks subpoena power, parties during the particular C. Selection and Corroboration of Commerce’s ability to apply adverse investigation. See 19 CFR 351.308(d); Information Used as Facts Available facts is an important one. The purpose see also the SAA at 870. To corroborate of the adverse facts statute is ‘to provide Where the Department applies AFA secondary information, the Department respondents with an incentive to because a respondent failed to cooperate will, to the extent practicable, examine cooperate’ with Commerce’s by not acting to the best of its ability to the reliability and relevance of the investigation, not to impose punitive comply with a request for information, information used.12 damages.’’) section 776(b) of the Act authorizes the We provided Zenith Birla with notice Department to rely on information 11 See, e.g., Notice of Preliminary Determination informing it of the consequences of of Sales at Less Than Fair Value and Postponement failure to respond properly to our 10 See, e.g., Notice of Preliminary Determinations of Final Determination: Purified of Sales at Less Than Fair Value: Steel Concrete Carboxymethylcellulose From Finland, 69 FR 77216 Reinforcing Bars From Poland, Indonesia, and (December 27, 2004) (unchanged in Notice of Final 8 See Notice of Final Results of Antidumping Duty Ukraine, 66 FR 8343, 8346 (January 30, 2001) Determination of Sales at Less Than Fair Value: Administrative Review: Stainless Steel Bar From (unchanged in Notice of Final Determinations of Purified Carboxymethylcellulose From Finland, 70 India, 70 FR 54023, 54025–26 (September 13, 2005), Sales at Less Than Fair Value: Steel Concrete FR 28279 (May 17, 2005)). and Notice of Final Determination of Sales at Less Reinforcing Bars From Indonesia, Poland and 12 See Tapered Roller Bearings and Parts Thereof, Than Fair Value and Final Negative Critical Ukraine, 66 FR 18752, 18753 (April 11, 2001) Finished and Unfinished, From Japan, and Tapered Circumstances: Carbon and Certain Alloy Steel Notice of Final Determination of Sales at Less Than Roller Bearings, Four Inches or Less in Outside Wire Rod From Brazil, 67 FR 55792, 55794–96 Fair Value: Circular Seamless Stainless Steel Diameter, and Components Thereof, From Japan; (August 30, 2002). Hollow Products From Japan, 65 FR at 42986 (July Preliminary Results of Antidumping Duty 9 See SAA at 870; and, e.g., Certain Polyester 12, 2000) (where the Department applied total Administrative Reviews and Partial Termination of Staple Fiber From Korea: Final Results of the 2005– adverse facts available (AFA) where respondents Administrative Reviews, 61 FR 57391, 57392 2006 Antidumping Duty Administrative Review, 72 failed to respond to questionnaires in a timely (November 6, 1996), unchanged in Tapered Roller FR 69663 (December 10, 2007). manner). Continued

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During our pre-initiation analysis, we Initiation Notice are reliable for the warranted, we are using the higher of examined evidence supporting the purposes of this investigation. the petition and Initiation Notice rates, calculations in the Petition and the Regarding the relevance of the rates in 48.43 percent, as the rate for Zenith supplemental information provided by the petition and the Initiation Notice to Birla. Petitioners prior to initiation to Zenith Birla, the courts have Suspension of Liquidation determine the probative value of the acknowledged that the consideration of margins alleged in the Petition. During the commercial behavior inherent in the In accordance with section 733(d)(2) our pre-initiation analysis, we examined industry is important in determining the of the Act, we will direct CBP to the information used as the basis of relevance of the selected AFA rate to the suspend liquidation of all entries of export price and normal value (NV) in uncooperative respondent by virtue of it certain steel pipe from India the Petition, and the calculations used belonging to the same industry. See, manufactured and/or exported by to derive the alleged margins, thereby e.g., Ferro Union, Inc. v. United States, Zenith Birla that are entered, or corroborating key elements of the export 44 F. Supp. 2d 1310, 1334 (1999). withdrawn from warehouse, for price and NV calculations and Because the petition rates are derived consumption on or after the date of establishing the basis for the estimated from the same industry and are based publication of this notice in the Federal margins identified in the Initiation either on information related to Zenith Register. We will instruct CBP to Notice. Petitioners’ methodology for Birla itself or on aggregate data require a cash deposit or the posting of calculating the export price and NV in involving the same industry, we have a bond equal to the weighted-average the Petition is discussed in the Initiation determined the petition rates to be margin, as indicated below, as follows: Notice. See Initiation Notice at 72166– relevant. In corroborating the petition (1) The rate for Zenith Birla will be the 68. These calculations appear rates, we examined the prices submitted rate we have determined in this reasonable and no information on the by Zenith Birla in its questionnaire preliminary determination; (2) if the record provides a basis for challenging response. While we note these data exporter is not a firm identified in this the appropriateness of those estimated cannot be relied upon to calculate a investigation but the manufacturer is margins. Therefore, because we margin for the reasons discussed in Zenith Birla, the rate will be the rate confirmed the accuracy and validity of detail above, we note that Zenith Birla’s established for Zenith Birla. These the information underlying the own reported prices corroborate the suspension-of-liquidation instructions calculation of margins in the petition by prices used in the petition. See the May will remain in effect until further notice. examining source documents as well as 23, 2012, analysis memorandum from Note that no ‘‘all others’’ deposit rate is publicly available information, we Steve Bezirganian through Robert James required, because Zenith Birla is the preliminarily determine that the to the File. Consistent with our practice only manufacturer covered by the margins in the petition and in the of using the highest rate when AFA is investigation.

Weighted-average Manufacturer/exporter margin (percent)

Zenith Birla (India) Limited (previously known as Zenith Steel Pipes and Industries Ltd.) ...... 48.43

ITC Notification raised in the case briefs, must be filed hearing two days after the deadline for In accordance with section 733(f) of within five days from the deadline date filing a rebuttal brief. Parties should the Act, we will notify the ITC of our for the submission of case briefs. See 19 confirm by telephone the date, time, and preliminary affirmative determination of CFR 351.309(d). A list of authorities location of the hearing 48 hours before sales at less than fair value. Section used, a table of contents, and an the scheduled date. 735(b)(2) of the Act requires the ITC to executive summary of issues should Any interested party may request a accompany any briefs submitted to the make its final determination as to hearing within 30 days of publication of Department. See 19 CFR 351.309(c)(2). whether the domestic industry in the this notice. See 19 CFR 351.310(c). Executive summaries should be limited United States is materially injured, or Hearing requests should contain the threatened with material injury, by to five pages total, including footnotes. Further, we request that parties following information: (1) The party’s reason of imports of certain steel pipe name, address, and telephone number; from India, or sales (or the likelihood of submitting briefs and rebuttal briefs provide the Department with a copy of (2) the number of participants; and (3) sales) for importation, of the certain a list of the issues to be discussed. Oral steel pipe within 45 days of our final the public version of such briefs on diskette. presentations will be limited to issues determination. raised in the briefs. If a request for a In accordance with section 774 of the hearing is made, parties will be notified Public Comment Act, the Department will hold a public Interested parties are invited to hearing, if timely requested, to afford of the time and date for the hearing to comment on the preliminary interested parties an opportunity to be held at the U.S. Department of determination. Interested parties may comment on issues raised in case briefs, Commerce, 14th Street and Constitution submit case briefs to the Department no provided that such a hearing is Avenue NW., Washington, DC 20230. later than thirty days after the requested by an interested party. See See 19 CFR 351.310(d). publication of this preliminary also 19 CFR 351.310. If a timely request This determination is issued and determination. Rebuttal briefs, the for a hearing is made in this published pursuant to sections 733(f) content of which is limited to the issues investigation, we intend to hold the and 777(i)(1) of the Act.

Bearings and Parts Thereof, Finished and and Components Thereof, From Japan; Final Reviews and Termination in Part, 62 FR 11825 Unfinished, From Japan, and Tapered Roller Results of Antidumping Duty Administrative (March 13, 1997). Bearings, Four Inches or Less in Outside Diameter,

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Dated: May 23, 2012. Petroleum Institute (‘‘API’’) API–5L 1.900 inch O.D. and 0.095 inch wall Paul Piquado, specification, is also covered by the scope of thickness (gage 13) this investigation when it meets the physical 1.900 inch O.D. and 0.109 inch wall Assistant Secretary for Import description set forth above, and also has one thickness (gage 12) Administration. or more of the following characteristics: is 32 2.375 inch O.D. and 0.047 inch wall Appendix I feet in length or less; is less than 2.0 inches thickness (gage 18) (50mm) in outside diameter; has a galvanized 2.375 inch O.D. and 0.055 inch wall Scope of the India AD Investigation and/or painted (e.g., polyester coated) surface thickness (gage 17) At the time of the filing of the petition for finish; or has a threaded and/or coupled end 2.375 inch O.D. and 0.065 inch wall this case, there was an existing antidumping finish. thickness (gage 16) duty order on welded steel pipe and tube The scope of this investigation does not 2.375 inch O.D. and 0.072 inch wall From India. See Antidumping Duty Order; include: (a) Pipe suitable for use in boilers, thickness (gage 15) Certain Welded Carbon Steel Standard Pipes superheaters, heat exchangers, refining 2.375 inch O.D. and 0.095 inch wall and Tubes from India, 51 FR 17384 (May 12, furnaces and feedwater heaters, whether or thickness (gage 13) 1986). Therefore, the scope of this not cold drawn; (b) finished electrical 2.375 inch O.D. and 0.109 inch wall investigation covers merchandise conduit; (c) finished scaffolding; 13 (d) tube thickness (gage 12) manufactured and/or exported by Zenith and pipe hollows for redrawing; (e) oil 2.375 inch O.D. and 0.120 inch wall Steel Pipes and Industries Ltd., and any country tubular goods produced to API thickness (gage 11) successors-in-interest to that company, specifications; (f) line pipe produced to only 2.875 inch O.D. and 0.109 inch wall which is the only company excluded from API specifications; and (g) mechanical thickness (gage 12) the 1986 order known to exist. tubing, whether or not cold-drawn. However, 2.875 inch O.D. and 0.134 inch wall This investigation covers welded carbon- products certified to ASTM mechanical thickness (gage 10) quality steel pipes and tube, of circular cross- tubing specifications are not excluded as 2.875 inch O.D. and 0.165 inch wall section, with an outside diameter (‘‘O.D.’’) mechanical tubing if they otherwise meet the thickness (gage 8) not more than 16 inches (406.4 mm), standard sizes (e.g., outside diameter and 3.500 inch O.D. and 0.109 inch wall regardless of wall thickness, surface finish wall thickness) of standard, structural, fence thickness (gage 12) (e.g., black, galvanized, or painted), end and sprinkler pipe. Also, products made to 3.500 inch O.D. and 0.148 inch wall finish (plain end, beveled end, grooved, the following outside diameter and wall thickness (gage 9) threaded, or threaded and coupled), or thickness combinations, which are 3.500 inch O.D. and 0.165 inch wall industry specification (e.g., American Society recognized by the industry as typical for thickness (gage 8) for Testing and Materials International fence tubing, would not be excluded from the 4.000 inch O.D. and 0.148 inch wall (‘‘ASTM’’), proprietary, or other) generally scope based solely on their being certified to thickness (gage 9) known as standard pipe, fence pipe and tube, ASTM mechanical tubing specifications: 4.000 inch O.D. and 0.165 inch wall sprinkler pipe, and structural pipe (although 1.315 inch O.D. and 0.035 inch wall thickness (gage 8) subject product may also be referred to as thickness (gage 20) 4.500 inch O.D. and 0.203 inch wall mechanical tubing). Specifically, the term 1.315 inch O.D. and 0.047 inch wall thickness (gage 7) ‘‘carbon quality’’ includes products in which: thickness (gage 18) The pipe subject to this investigation is (a) iron predominates, by weight, over each 1.315 inch O.D. and 0.055 inch wall currently classifiable in Harmonized Tariff of the other contained elements; (b) the thickness (gage 17) Schedule of the United States (‘‘HTSUS’’) carbon content is 2 percent or less, by weight; 1.315 inch O.D. and 0.065 inch wall statistical reporting numbers 7306.19.1010, and (c) none of the elements listed below thickness (gage 16) 7306.19.1050, 7306.19.5110, 7306.19.5150, exceeds the quantity, by weight, as indicated: 1.315 inch O.D. and 0.072 inch wall 7306.30.1000, 7306.30.5025, 7306.30.5032, (i) 1.80 percent of manganese; thickness (gage 15) 7306.30.5040, 7306.30.5055, 7306.30.5085, (ii) 2.25 percent of silicon; 1.315 inch O.D. and 0.083 inch wall 7306.30.5090, 7306.50.1000, 7306.50.5050, (iii) 1.00 percent of copper; thickness (gage 14) and 7306.50.5070. However, the product (iv) 0.50 percent of aluminum; 1.315 inch O.D. and 0.095 inch wall description, and not the HTSUS (v) 1.25 percent of chromium; thickness (gage 13) classification, is dispositive of whether the (vi) 0.30 percent of cobalt; 1.660 inch O.D. and 0.047 inch wall merchandise imported into the United States (vii) 0.40 percent of lead; thickness (gage 18) falls within the scope of the investigation. 1.660 inch O.D. and 0.055 inch wall (viii) 1.25 percent of nickel; [FR Doc. 2012–13235 Filed 5–31–12; 8:45 am] (ix) 0.30 percent of tungsten; thickness (gage 17) BILLING CODE 3510–DS–P (x) 0.15 percent of molybdenum; 1.660 inch O.D. and 0.065 inch wall (xi) 0.10 percent of niobium; thickness (gage 16) (xii) 0.41 percent of titanium; 1.660 inch O.D. and 0.072 inch wall (xiii) 0.15 percent of vanadium; thickness (gage 15) DEPARTMENT OF COMMERCE (xiv) 0.15 percent of zirconium. 1.660 inch O.D. and 0.083 inch wall International Trade Administration Subject pipe is ordinarily made to ASTM thickness (gage 14) 1.660 inch O.D. and 0.095 inch wall specifications A53, A135, and A795, but can Quarterly Update to Annual Listing of also be made to other specifications. thickness (gage 13) Structural pipe is made primarily to ASTM 1.660 inch O.D. and 0.109 inch wall Foreign Government Subsidies on specifications A252 and A500. Standard and thickness (gage 12) Articles of Cheese Subject to an In- structural pipe may also be produced to 1.900 inch O.D. and 0.047 inch wall Quota Rate of Duty proprietary specifications rather than to thickness (gage 18) AGENCY: industry specifications. Fence tubing is 1.900 inch O.D. and 0.055 inch wall Import Administration, thickness (gage 17) included in the scope regardless of International Trade Administration, 1.900 inch O.D. and 0.065 inch wall certification to a specification listed in the Department of Commerce. thickness (gage 16) exclusions below, and can also be made to DATES: Effective Date: June 1, 2012. 1.900 inch O.D. and 0.072 inch wall the ASTM A513 specification. Sprinkler pipe thickness (gage 15) FOR FURTHER INFORMATION CONTACT: is designed for sprinkler fire suppression Gayle Longest, AD/CVD Operations, systems and may be made to industry 13 Office 3, Import Administration, specifications such as ASTM A53 or to Finished scaffolding is defined as component proprietary specifications. These products parts of a final, finished scaffolding that enters the International Trade Administration, United States unassembled as a ‘‘kit.’’ A ‘‘kit’’ is U.S. Department of Commerce, 14th are generally made to standard O.D. and wall understood to mean a packaged combination of thickness combinations. Pipe multi-stenciled component parts that contain, at the time of Street and Constitution Ave. NW., to a standard and/or structural specification importation, all the necessary component parts to Washington, DC 20230, telephone: (202) and to other specifications, such as American fully assemble a final, finished scaffolding. 482–3338.

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SUPPLEMENTARY INFORMATION: Section The Department has developed, in The Department encourages any 702 of the Trade Agreements Act of consultation with the Secretary of person having information on foreign 1979 (as amended) (‘‘the Act’’) requires Agriculture, information on subsidies government subsidy programs which the Department of Commerce (‘‘the (as defined in section 702(h) of the Act) benefit articles of cheese subject to an Department’’) to determine, in being provided either directly or in-quota rate of duty to submit such consultation with the Secretary of indirectly by foreign governments on information in writing to the Assistant Agriculture, whether any foreign articles of cheese subject to an in-quota Secretary for Import Administration, government is providing a subsidy with rate of duty. U.S. Department of Commerce, 14th respect to any article of cheese subject The appendix to this notice lists the Street and Constitution Ave. NW., to an in-quota rate of duty, as defined country, the subsidy program or Washington, DC 20230. programs, and the gross and net in section 702(h) of the Act, and to This determination and notice are in amounts of each subsidy for which publish an annual list and quarterly accordance with section 702(a) of the information is currently available. The updates to the type and amount of those Act. subsidies. We hereby provide the Department will incorporate additional Department’s quarterly update of programs which are found to constitute Dated: May 22, 2012. subsidies on articles of cheese that were subsidies, and additional information Paul Piquado, imported during the period January 1, on the subsidy programs listed, as the Assistant Secretary for Import 2012, through March 31, 2012. information is developed. Administration.

APPENDIX—SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY

1 2 subsidy Country Program(s) Gross subsidy Net ($/lb) ($/lb)

27 European Union Member States 3 ...... European Union Restitution Payments ...... $0.00 $0.00 Canada ...... Export Assistance on Certain Types of 0.35 0.35 Cheese. Norway: Indirect (Milk) Subsidy ...... 0.00 0.00 Consumer Subsidy ...... 0.00 0.00

Total ...... 0.00 0.00 Switzerland ...... Deficiency Payments ...... 0.00 0.00 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6). 3 The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

[FR Doc. 2012–13243 Filed 5–31–12; 8:45 am] Washington, DC 20230; telephone: 202– Italy BILLING CODE 3510–DS–P 482–1394. A–475–822: Stainless Steel Plate in Coils SUPPLEMENTARY INFORMATION: From Italy DEPARTMENT OF COMMERCE Background Requestor: AAVID Thermalloy LLC. (‘‘AAVID’’); 24 steel clips imported by International Trade Administration The Department’s regulations provide AAVID are not within the scope of the that the Secretary will publish in the Notice of Scope Rulings antidumping duty order; July 12, 2011. Federal Register a list of scope rulings AGENCY: Import Administration, on a quarterly basis. See 19 CFR People’s Republic of China International Trade Administration, 351.225(o). Our most recent notification Department of Commerce. of scope rulings was published on A–570–928: Uncovered Innerspring Units From the People’s Republic of DATES: Effective Date: June 1, 2012. December X, 2011. See Notice of Scope China SUMMARY: The Department of Commerce Rulings, 77 FR 9893 (February 21, 2012). (‘‘Department’’) hereby publishes a list This current notice covers all scope Requestor: No Boundaries LLC; fabric of scope rulings completed between July rulings and anticircumvention encased upholstery coil units are within 1, 2011, and September 30, 2011. In determinations completed by Import the scope of the antidumping duty conjunction with this list, the Administration between July 1, 2011, order; July 15, 2011. Department is also publishing a list of and September 30, 2011, inclusive, and requests for scope rulings and it also lists any scope or A–570–891: Hand Trucks From the anticircumvention determinations anticircumvention inquiries pending as People’s Republic of China pending as of September 30, 2011. We of September 30, 2011. As described Requestor: WelCom Products; the intend to publish future lists after the below, subsequent lists will follow after MC2 Magna Cart and MCI Magna Cart close of the next calendar quarter. the close of each calendar quarter. are not within the scope of the FOR FURTHER INFORMATION CONTACT: Julia Scope Rulings Completed Between antidumping duty order; the MCK Hancock, AD/CVD Operations, China/ July 1, 2011, and September 30, 2011: Magna Cart is within the scope of the NME Group, Import Administration, antidumping duty order; September 6, International Trade Administration, U.S. Department of Commerce, 14th 2011. Street and Constitution Avenue NW.,

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A–570–504: Petroleum Wax Candles A–570–601: Tapered Roller Bearings A–570–831: Fresh Garlic From the From the People’s Republic of China From the People’s Republic of China People’s Republic of China Requestor: Trade Associates Group, Requestor: DF Machinery Requestor: General Mills, Inc.; Ltd.; its figurine candles are not within International, Inc.; its agricultural hub whether minced garlic is within the the scope of the antidumping duty units are within the scope of the scope of the antidumping duty order; order, while certain of its other candles antidumping duty order; August 2, requested April 13, 2011. are within the scope of the antidumping 2011. A–570–864: Pure Magnesium in duty order. August 5, 2011. Multiple Countries Granular Form From the People’s A–570–504: Petroleum Wax Candles None. Republic of China From the People’s Republic of China Anticircumvention Determinations Completed Between July 1, 2011, and Requestor: ESM; whether U.S.-origin Requestor: Candym Enterprises, Ltd.; September 30, 2011: pure magnesium exported to the PRC for its figurine candles are not within the atomization and re-exported to the scope of the antidumping duty order, A–570–849: Certain Cut-to-Length United States is within the scope of the while certain of its other candles are Carbon Steel From the People’s order; requested February 11, 2011; within the scope of the antidumping Republic of China initiated May 2, 2011. duty order. August 5, 2011. Requestor: ArcelorMittal USA, Inc.; Nucor Corporation; SSAB N.A.D., Evraz A–570–864: Pure Magnesium in A–570–504: Petroleum Wax Candles Granular Form From the People’s From the People’s Republic of China Claymont Steel and Evraz Oregon Steel Mills; certain cut-to-length carbon steel Republic of China Requestor: Accent Imports; its plate from the PRC that contains a small Requestor: US Magnesium LLC; figurine candles are not within the level of boron, regardless of producer, is whether pure magnesium feedstock scope of the antidumping duty order, circumventing the antidumping duty exported from the PRC to Mexico and while certain of its other candles are order; August 17, 2011. then processed into granular magnesium within the scope of the antidumping A–570–894: Certain Tissue Paper before exportation to the United States duty order. August 5, 2011. Products From the People’s Republic of is within the scope of the order; A–570–504: Petroleum Wax Candles China requested April 29, 2011; initiated July From the People’s Republic of China Requestor: Seaman Paper Company of 5, 2011. Requestor: Sourcing International, Massachusetts, Inc.; imports of tissue A–570–967: Aluminum Extrusions From LLC; certain of its candles are within the paper products produced by Max the People’s Republic of China scope of the antidumping duty order. Fortune (Vietnam) Paper Products August 5, 2011. Company Limited in the Socialist Requestor: A.O. Smith Corporation; Republic of Vietnam are circumventing whether water heater anodes are within A–570–866: Folding Gift Boxes From the the antidumping duty order; August 5, the scope of the antidumping duty People’s Republic of China 2011. order; requested June 14, 2011. Scope Inquiries Terminated Between Requestor: Flexo Craft Prints Inc.; July 1, 2011, and September 30, 2011: A–570–967/C–570–968: Aluminum certain of its gift boxes are within the None. Extrusions From the People’s Republic scope of the antidumping duty order; Anticircumvention Inquiries of China July 6, 2011. Terminated Between July 1, 2011, and Requestor: American Fence A–570–890: Wooden Bedroom Furniture September 30, 2011: Manufacturing Company LLC; whether From the People’s Republic of China None. fence sections, posts and gates are Scope Inquiries Pending as of within the scope of the antidumping Requestor: Ashley Furniture September 30, 2011: Industries Inc.; urethane post base is not duty and countervailing duty orders; within the scope of the antidumping People’s Republic of China requested June 15, 2011. duty order; August 31, 2011. A–570–506: Porcelain-On-Steel Cooking A–570–967/C–570–968: Aluminum A–570–951: Certain Woven Electric Ware From the People’s Republic of Extrusions From the People’s Republic Blankets From the People’s Republic of China of China China Requestor: The Coleman Company, Requestor: Endura Products; whether Inc.; whether certain components of its door thresholds containing aluminum Requestor: HoMedics Inc.; knitted stockpot cooker set (i.e., plastic locking electric heating blanket is not within the extrusions imported from the PRC are lid and steel cooking base) are within within the scope of the antidumping scope of the antidumping duty order; the scope of the antidumping duty duty and countervailing duty orders; August 15, 2011. order; requested June 17, 2011; initiated requested: June 2, 2011. A–570–952/C–570–953: Narrow Woven September 27, 2011. Ribbons With Woven Selvedge From the A–570–918: Steel Wire Garment Hangers A–570–967/C–570–968: Aluminum People’s Republic of China From the People’s Republic of China Extrusions From the People’s Republic of China Requestor: Osborne & Little, Inc.; 18 Requestor: Robert H. Ham Associates trimmings are within the scope of the Ltd.; whether certain retail display Requestor: Origin Point Brands; antidumping duty order; and two hangers are within the scope of the whether imported aluminum fencing trimmings are not within the scope of antidumping duty order on steel wire systems are within the scope of the the antidumping duty order; September garment hangers; requested July 21, antidumping duty and countervailing 6, 2011. 2011; initiated October 3, 2011. duty orders; requested June 27, 2011.

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A–570–920/C–570–921: Lightweight when blended with rice syrup is A–570–918: Steel Wire Garment Hangers Thermal Paper From the People’s circumventing the antidumping duty From the People’s Republic of China Republic of China order; requested August 12, 2011. Requestor: M&B Metal Products Inc.; Requestor: Paper Resources, LLC.; A–570–916/C–570–917: Laminated whether certain imports of steel wire whether certain lightweight thermal Woven Sacks From the People’s garment hangers from the Socialist paper (‘‘LWTP’’) converted into smaller Republic of China Republic of Vietnam are circumventing LWTP rolls in the PRC, from jumbo the antidumping duty order through LWTP rolls produced in certain third Requestor: Coating Excellence means of third country assembly or countries, is within the scope of the International, LLC and Polytex Fibers completion of merchandise imported antidumping duty and countervailing Corporation; whether laminated woven from the PRC; requested May 5, 2010; duty orders; requested February 24, sacks that are printed with two ink initiated July 22, 2010; preliminary 2011; initiated April 4, 2011. colors, but have the appearance of three determination published May 10, 2011. Mexico or more colors in register, are Russia circumventing the antidumping and A–201–830: Carbon and Certain Alloy countervailing duty orders; requested A–821–807: Ferrovanadium and Steel Wire Rod From Mexico January 26, 2011; initiated April 22, Nitrided Vanadium From Russia Requestor: Nucor Corporation and 2011. Requestor: AMG Vanadium, Inc.; Cascade Steel Rolling Mills, Inc.; A–570–836: Glycine From the People’s whether vanadium pentoxide imports whether wire rod with an actual Republic of China from Russia that are converted into diameter between 4.75 and 5.00 ferrovanadium in the United States are millimeters is within the scope of the Requestor: Geo Specialty Chemicals, circumventing the antidumping duty antidumping order; requested 2/14/ Inc. and Chattem Chemicals, Inc.; order; requested February 25, 2011; 2011; initiated May 31, 2011. whether glycine from the PRC, when initiated May 2, 2011. Multiple Countries processed and re-packaged in India and Interested parties are invited to exported as Indian-origin glycine, is comment on the completeness of this A–201–837/A–570–954/C–570–955: circumventing the antidumping duty list of pending scope and Magnesia Carbon Bricks From Mexico order; requested December 18, 2009; anticircumvention inquiries. Any and the People’s Republic of China initiated October 22, 2010. comments should be submitted to the Requestor: Fedmet Resources Deputy Assistant Secretary for AD/CVD Corporation; whether its magnesia A–570–929: Small Diameter Graphite Operations, Import Administration, alumina carbon bricks are within the Electrodes From the People’s Republic International Trade Administration, scope of the antidumping duty and of China 14th Street and Constitution Avenue NW., APO/Dockets Unit, Room 1870, countervailing duty orders; initiated Requestor: SGL Carbon LLC and September 26, 2011. Washington, DC 20230. Superior Graphite Co.; whether This notice is published in A–570–958/C–570–959/A–560–823/ unfinished small diameter graphite accordance with 19 CFR 351.225(o). C–560–824: Coated Paper From the electrodes produced in the PRC and People’s Republic of China and completed and assembled in the United Dated: April 2, 2012. Indonesia Kingdom are circumventing the Edward C. Yang, Requestor: Gold East Paper (Jiangsu) antidumping duty order; requested Acting Deputy Assistant Secretary for November 30, 2010; initiated February Antidumping and Countervailing Duty Co., Ltd. and its subsidiaries, Pindo Deli Operations. Pulp and Paper Mills, PT. Indah Kiat 17, 2011. [FR Doc. 2012–13237 Filed 5–31–12; 8:45 am] Pulp & Paper Tbk, and Paper Max, Ltd.; A–570–894: Certain Tissue Paper BILLING CODE 3510–DS–P whether certain packaging paperboard Products From the People’s Republic of products and certain playing card China products are within the scope of the DEPARTMENT OF COMMERCE antidumping and countervailing duty Requestor: Seaman Paper Company of orders; requested June 2, 2011. Massachusetts, Inc.; whether certain National Institute of Standards and A–533–838/C–533–839/A–570–892: imports of tissue paper from the Technology Carbazole Violet Pigment 23 From India Socialist Republic of Vietnam are Visiting Committee on Advanced and the People’s Republic of China circumventing the antidumping duty order through means of third country Technology Requestor: Nation Ford Chemical Co., assembly or completion; requested AGENCY: National Institute of Standards and Sun Chemical Corp.; whether February 18, 2010; initiated March 29, and Technology, Department of finished carbazole violet pigment 2010; preliminary determination Commerce. exported from Japan is within the scope published April 6, 2011. of the antidumping duty and ACTION: Notice of public meeting. countervailing duty orders; requested A–570–965/C–570–966: Drill Pipe From February 23, 2010; preliminary ruling the People’s Republic of China SUMMARY: The Visiting Committee on May 6, 2011. Advanced Technology (VCAT or Anticircumvention Rulings Pending Requestor: VAM Drilling U.S.A., Committee), National Institute of as of September 30, 2011: Texas Steel Conversion Inc. and Rotary Standards and Technology (NIST), will Drilling Tools; whether unfinished pipe meet Tuesday, June 19, 2012, from 8:30 A–570–863: Honey From the People’s and tool joints produced in PRC and a.m. to 5:00 p.m. Eastern Time and Republic of China finished in UAE are circumventing the Wednesday, June 20, 2012, from 9:00 Requestor: American Honey antidumping and countervailing duty a.m. to 12:00 p.m. Eastern Time. The Producers Association and the Sioux orders; requested June 14, 2011; VCAT is composed of fifteen members Honey Association; whether honey initiated August 5, 2011. appointed by the Under Secretary of

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Commerce for Standards and who wish to expand upon their oral Permits and Conservation Division, at Technology who are eminent in such statements, those who had wished to the address listed above. Comments may fields as business, research, new speak, but could not be accommodated also be submitted by facsimile to product development, engineering, on the agenda, and those who were (301)713–0376, or by email to labor, education, management unable to attend in person are invited to [email protected]. Please consulting, environment, and submit written statements to the VCAT, include the File No. in the subject line international relations. NIST, 100 Bureau Drive MS 1060, of the email comment. DATES: The VCAT will meet on Gaithersburg, Maryland, 20899, via fax Those individuals requesting a public Tuesday, June 19, 2012, from 8:30 a.m. at 301–216–0529 or electronically by hearing should submit a written request to 5:00 p.m. Eastern Time and email to [email protected]. to the Chief, Permits and Conservation Wednesday, June 20, 2012, from All visitors to the NIST site are Division at the address listed above. The 9:00 a.m. to 12:00 p.m. Eastern Time. required to pre-register to be admitted. request should set forth the specific ADDRESSES: The meeting will be held in Please submit your name, time of reasons why a hearing on this the Portrait Room, Administration arrival, email address and phone application would be appropriate. Building, at NIST, 100 Bureau Drive, number to Stephanie Shaw by 5:00 p.m. FOR FURTHER INFORMATION CONTACT: Gaithersburg, Maryland. Please note Eastern Time, Wednesday, June 13, Laura Morse or Carrie Hubard, admittance instructions under the 2012. Non-U.S. citizens must also (301)427–8401. SUPPLEMENTARY INFORMATION section of submit their country of citizenship, title, SUPPLEMENTARY INFORMATION: The this notice. employer/sponsor, and address. Ms. subject permit is requested under the Shaw’s email address is FOR FURTHER INFORMATION CONTACT: authority of the Marine Mammal [email protected] and her phone Stephanie Shaw, VCAT, NIST, 100 Protection Act of 1972, as amended number is 301–975–2667. Bureau Drive Gaithersburg, Maryland (MMPA; 16 U.S.C. 1361 et seq.), the 20899–1060, telephone number 301– Dated: May 25, 2012. regulations governing the taking and 975–2667. Ms. Shaw’s email address is Willie E. May, importing of marine mammals (50 CFR [email protected]. Associate Director for Laboratory Programs. part 216), the Endangered Species Act of SUPPLEMENTARY INFORMATION: [FR Doc. 2012–13360 Filed 5–31–12; 8:45 am] 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the regulations governing the BILLING CODE 3510–13–P Authority: 15 U.S.C. 278. taking, importing, and exporting of The purpose of this meeting is to endangered and threatened species (50 review and make recommendations DEPARTMENT OF COMMERCE CFR parts 222–226), and the Fur Seal regarding general policy for NIST, its Act of 1966, as amended (16 U.S.C. 1151 organization, its budget, and its National Oceanic and Atmospheric et seq.). programs within the framework of Administration Dr. Mate proposes to conduct applicable national policies as set forth scientific research on 83 identified RIN 0648–XB157 by the President and the Congress. The species of marine mammals species agenda will include an update on NIST Marine Mammals; File No. 14856 world-wide. The purposes of the followed by presentations and proposed research are to: (1) Identify discussions on NIST’s planning, AGENCY: National Marine Fisheries migration routes; (2) identify specific assessment, and safety activities; and Service (NMFS), National Oceanic and feeding and breeding grounds for each NIST activities and programs proposed Atmospheric Administration (NOAA), species; (3) characterize local in the FY 2013 budget. The meeting will Commerce. movements and dive habits in both conclude with a wrap-up discussion ACTION: Notice; receipt of application. feeding and breeding grounds, and covering action items and draft during migration; (4) examine the recommendations for the 2012 VCAT SUMMARY: Notice is hereby given that relationships between movements/dive Annual Report. The agenda may change Bruce R. Mate, Ph.D., Hatfield Marine habits and prey distribution, time of to accommodate Committee business. Science Center, Oregon State University, day, geographic location, or physical The final agenda will be posted on the Newport, OR 97365, has applied in due and biological oceanographic NIST Web site at http://www.nist.gov/ form for a permit to take marine conditions; (5) characterize whale director/vcat/agenda.cfm. mammals world-wide for the purposes vocalizations; and (6) characterize Individuals and representatives of of scientific research. sound pressure levels to which whales organizations who would like to offer DATES: Written, telefaxed, or email are exposed. Fourteen species of large comments and suggestions related to the comments must be received on or before whales would be approached for biopsy, Committee’s affairs are invited to July 2, 2012. implantable and suction cup tagging, request a place on the agenda. On June ADDRESSES: The application and related photo-identification, behavioral 20, approximately one-half hour will be documents are available for review by observation, passive acoustic recording, reserved in the morning for public selecting ‘‘Records Open for Public and assessment of possible tag effects in comments and speaking times will be Comment’’ from the Features box on the U.S. and international waters assigned on a first-come, first-serve Applications and Permits for Protected worldwide over a 5-year period, basis. The amount of time per speaker Species (APPS) home page, https:// including 200 each of humpback whale will be determined by the number of apps.nmfs.noaa.gov, and then selecting (Megaptera novaeangliae), blue whale requests received, but is likely to be File No. 14856 from the list of available (Balaenoptera musculus), fin whale (B. about 3 minutes each. The exact time for applications. physalus), sei whale (B. borealis), public comments will be included in These documents are also available Bryde’s whale (B. edeni), minke whale the final agenda that will be posted on upon written request or by appointment (B. acutorostrata), Antarctic minke the NIST Web site at http:// in the following offices: See whale (B. bonaerensis), Eastern North www.nist.gov/director/vcat/agenda.cfm. SUPPLEMENTARY INFORMATION. Pacific gray whale (Eschrichtius Questions from the public will not be Written comments on this application robustus), Southern right whale considered during this period. Speakers should be submitted to the Chief, (Eubalaena australis), bowhead whale

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(Balaena mysticetus), and sperm whale Southeast Region, NMFS, 263 13th comment the following document (Physeter macrocephalus); 100 killer Avenue South, Saint Petersburg, FL identifier: South Carolina Aquarium whales (Orcinus orca), excluding the 33701; phone (727)824–5312; fax EFP. Southern Resident stock; 60 North (727)824–5309. • Mail: Kate Michie, Southeast Pacific right whales (E. japonica); and Dated: May 23, 2012. Regional Office, NMFS, 263 13th 25 Western North Pacific gray whales. Tammy C. Adams, Avenue South, St. Petersburg, FL 33701. The application and related The remaining species including beluga Acting Chief, Permits and Conservation whale (Delphinapterus leucas) Cook Division, Office of Protected Resources, documents are available for review Inlet stock, killer whale southern National Marine Fisheries Service. upon written request to any of the above addresses. resident stock, false killer whale [FR Doc. 2012–13330 Filed 5–31–12; 8:45 am] FOR FURTHER INFORMATION CONTACT (Pseudorca crassidens) Hawaiian BILLING CODE 3510–22–P : insular stock, Steller sea lions, Eastern Anne Marie Eich, telephone: 727–824– and Western Distinct Populations 5305, email: [email protected]. Segments (Eumetopias jubatus), DEPARTMENT OF COMMERCE Correction Guadalupe fur seal (Arctocephalus townsendi), Hawaiian monk seal National Oceanic and Atmospheric In notice document FR Doc. 2012– (Monachus schauinslandi), bearded seal Administration 10372, published in the Federal Register issue of April 30, 2012 (77 FR (Erignathus barbatus), and ringed seal RIN 0648–XA935 (Pusa hispida), may be incidentally 83), make the following corrections: harassed during tagging and biopsy Fisheries of the Caribbean, Gulf of 1. On page 25407, column 3: activities or would be approached for Mexico, and South Atlantic; Coral and a. Line 10, after the word ‘‘to’’ add the photo-identification, behavioral Coral Reefs Off the Southern Atlantic word ‘‘annually’’. observation, and passive acoustic States; Exempted Fishing Permit; b. Line 11, remove the word ‘‘1,615’’ recording. Import, export and receipt of Correction and add, in its place, ‘‘1,665’’. biopsy samples are also requested. c. Line 17, after the word ‘‘the’’ insert A draft environmental assessment AGENCY: National Marine Fisheries the word ‘‘annual’’. d. Line 29, after the words ‘‘little (EA) has been prepared in compliance Service (NMFS), National Oceanic and tunny (25);’’ add the word ‘‘spadefish with the National Environmental Policy Atmospheric Administration (NOAA), (50);’’. Act of 1969 (42 U.S.C. 4321 et seq.), to Commerce. examine whether significant ACTION: Notice of receipt of an Authority: 16 U.S.C. 1801 et seq. application for an exempted fishing environmental impacts could result Dated: May 29, 2012. from issuance of the proposed scientific permit; correction; request for comments. Carrie D. Selberg, research permit. The draft EA is Acting Deputy Director, Office of Sustainable available for review and comment SUMMARY: This document contains a Fisheries, National Marine Fisheries Service. simultaneous with the scientific correction to a notice of receipt of an [FR Doc. 2012–13388 Filed 5–31–12; 8:45 am] research permit application. application for an exempted fishing BILLING CODE 3510–22–P Concurrent with the publication of permit (EFP) published on April 30, this notice in the Federal Register, 2012, regarding the South Carolina NMFS is forwarding copies of the Aquarium’s application to collect DEPARTMENT OF COMMERCE application to the Marine Mammal display specimens. The notice stated Commission and its Committee of that the EFP would authorize the South National Oceanic and Atmospheric Scientific Advisors. Carolina Aquarium to collect, with Administration Documents may be reviewed in the certain conditions, various species of following locations: reef fish, crabs, and lobsters in Federal (NOAA) National Climate Assessment Permits and Conservation Division, waters off South Carolina and North and Development Advisory Committee Office of Protected Resources, NMFS, Carolina. Within the preamble, (NCADAC) 1315 East-West Highway, Room 13705, spadefish was inadvertently omitted AGENCY: Office of Oceanic and Silver Spring, MD 20910; phone from the list of species proposed to be Atmospheric Research (OAR), National (301)427–8401; fax (301)713–0376; collected; as such, the total number of Oceanic and Atmospheric Northwest Region, NMFS, 7600 Sand species to be collected also needs to be Administration (NOAA), Department of Point Way NE., BIN C15700, Bldg. 1, corrected. Additionally, the notice Commerce (DOC). Seattle, WA 98115–0700; phone stated that the total number of species ACTION: Notice of Open Meeting. (206)526–6150; fax (206)526–6426; would be collected over a period of 5 Alaska Region, NMFS, P.O. Box years; however, the notice for the EFP SUMMARY: The National Climate 21668, Juneau, AK 99802–1668; phone should state that the total number of Assessment and Development Advisory (907)586–7221; fax (907)586–7249; species would be collected annually for Committee (NCADAC) was established Southwest Region, NMFS, 501 West 5 years. This rule corrects those errors. by the Secretary of Commerce under the Ocean Blvd., Suite 4200, Long Beach, Due to these corrections, NMFS is authority of the Global Change Research CA 90802–4213; phone (562)980–4001; extending the comment period until Act of 1990 to synthesize and fax (562)980–4018; June 15, 2012. summarize the science and information Pacific Islands Region, NMFS, 1601 DATES: Written comments must be pertaining to current and future impacts Kapiolani Blvd., Rm 1110, Honolulu, HI received no later than 5 p.m., e.t., on of climate. 96814–4700; phone (808)944–2200; fax June 15, 2012. Time and Date: The meeting will be (808)973–2941; ADDRESSES: You may submit comments held June 14, 2012 from 1:00 p.m. to Northeast Region, NMFS, 55 Great on the application by either of the 5:30 p.m. and June 15, 2012, from 9:00 Republic Drive, Gloucester, MA 01930; following methods: a.m. to 5:00 p.m. These times are subject phone (978)281–9328; fax (978) 281– • Email: [email protected]; to change. Please refer to the Web page 9394; and include in the subject line of the email http://www.nesdis.noaa.gov/NCADAC/

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index.html for changes and for the most DEPARTMENT OF COMMERCE issues may not be the subject of formal up-to-date meeting agenda. action during this meeting. Action will Place: The meeting will be held in National Oceanic and Atmospheric be restricted to those issues specifically Conference Room A of the American Administration listed in this notice and any issues Geophysical Union Building (AGU), arising after publication of this notice 2000 Florida Avenue NW., Washington, New England Fishery Management that require emergency action under DC 20009. Please check the Web site Council (NEFMC); Public Meeting section 305(c) of the Magnuson-Stevens http://www.nesdis.noaa.gov/NCADAC/ AGENCY: National Marine Fisheries Act, provided the public has been index.html for confirmation of the Service (NMFS), National Oceanic and notified of the Council’s intent to take venue and for directions. Atmospheric Administration (NOAA), final action to address the emergency. Status: Seating will be available on a Commerce. first come, first serve basis. Members of Special Accommodations ACTION: Notice; public meeting. the public must RSVP in order to attend This meeting is physically accessible all or a portion of the meeting by SUMMARY: The New England Fishery to people with disabilities. Requests for contacting the NCADAC DFO Management Council (Council) is sign language interpretation or other ([email protected]) by June 7, scheduling a joint public meeting of its auxiliary aids should be directed to Paul 2012. The meeting will be open to Groundfish and Scallop Committees on J. Howard, Executive Director, at (978) public participation with a 15-minute June 18, 2012 to consider actions 465–0492, at least 5 days prior to the public comment period on June 14 at affecting New England fisheries in the meeting date. 5:00–5:15 p.m. and a 30-minute period exclusive economic zone (EEZ). Authority: 16 U.S.C. 1801 et seq. on June 15 at 12:00–12:30 p.m. (check Recommendations from this group will Dated: May 29, 2012. Web site to confirm time). The NCADAC be brought to the full Council for formal expects that public statements presented consideration and action, if appropriate. Tracey L. Thompson, Acting Director, Office of Sustainable at its meetings will not be repetitive of DATES: This meeting will be held on Fisheries, National Marine Fisheries Service. previously submitted verbal or written Monday, June 18, 2012 at 12:30 p.m. statements. In general, each individual [FR Doc. 2012–13273 Filed 5–31–12; 8:45 am] ADDRESSES: The meeting will be held at or group making a verbal presentation BILLING CODE 3510–22–P the Holiday Inn by the Bay, 88 Spring will be limited to a total time of five (5) Street, Portland, ME 04101; telephone: minutes. Individuals or groups planning to make a verbal presentation should (207) 775–2311; fax: (207) 761–8224. DEPARTMENT OF COMMERCE Council address: New England contact the NCADAC DFO Fishery Management Council, 50 Water ([email protected]) by June 7, National Oceanic and Atmospheric Street, Mill 2, Newburyport, MA 01950. 2012 to schedule their/presentation. Administration FOR FURTHER INFORMATION CONTACT: Paul Written comments should be received in RIN 0648–XC031 the NCADAC DFO’s Office by June 7, J. Howard, Executive Director, New 2012 to provide sufficient time for England Fishery Management Council; Takes of Marine Mammals Incidental to NCADAC review. Written comments telephone: (978) 465–0492. Specified Activities; Construction and received by the NCADAC DFO after SUPPLEMENTARY INFORMATION: The Race Event Activities for the 34th June 7, 2012 will be distributed to the NEFMC’s Groundfish and Scallop America’s Cup in San Francisco Bay, NCADAC, but may not be reviewed Oversight Committees will hold a joint CA prior to the meeting date. meeting. The Committees will discuss Special Accommodations: These the low fishing year 2012 annual catch AGENCY: National Marine Fisheries meetings are physically accessible to limit (ACL) for Georges Bank yellowtail Service (NMFS), National Oceanic and people with disabilities. Requests for flounder and will develop Atmospheric Administration (NOAA), sign language interpretation or other recommendations for the Council on Commerce. auxiliary aids should be directed to Dr. how to mitigate the impacts of this ACTION: Notice; proposed incidental Cynthia Decker (301–563–6162, restrictive catch. The Committees may harassment authorization; request for [email protected]) by June 7, discuss regulatory measures such as comments. 2012. gear requirements, possession limits or other restrictions on fishing activity, as SUMMARY: NMFS has received an FOR FURTHER INFORMATION CONTACT: Dr. well as possible adjustments to sub- application from the America’s Cup Cynthia Decker, Designated Federal ACLs of Georges Bank yellowtail Event Authority (ACEA) and the Port of Official, National Climate Assessment flounder. They may also discuss San Francisco (Port) for an Incidental and Development Advisory Committee, modifications to the way groundfish and Harassment Authorization (IHA) to take NOAA OAR, R/SAB, 1315 East-West scallop accountability measures are marine mammals incidental to activities Highway, Silver Spring, Maryland implemented. Committee discussions associated with the 34th America’s Cup. 20910. (Phone: 301–734–1156, Fax: will not be limited solely to actions that Pursuant to the Marine Mammal 301–713–1459, Email: the Council may take. They may also Protection Act (MMPA), NMFS is [email protected]; or visit the develop recommendations for actions by requesting comments on its proposal to NCADAC Web site at http:// the National Marine Fisheries Service, issue an IHA to ACEA and the Port to www.nesdis.noaa.gov/NCADAC/ science—industry partners or take, by Level B harassment only, index.html. suggestions for the Transboundary several species of marine mammals Dated: May 25,2012. Management Guidance Committee. Any during the specified activity. Terry Bevels, recommendations will be forwarded to DATES: Comments and information must Acting Chief Financial Officer, Office of the Council at a future date. Other be received no later than July 2, 2012. Oceanic and Atmospheric Research, National business may be discussed. ADDRESSES: Comments on the Oceanic and Atmospheric Administration. Although non-emergency issues not application should be addressed to [FR Doc. 2012–13328 Filed 5–31–12; 8:45 am] contained in this agenda may come Tammy Adams, Acting Chief, Permits BILLING CODE 3510–KD–P before this group for discussion, those and Conservation Division, Office of

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Protected Resources, National Marine be reasonably expected to, and is not the applicants are requesting Fisheries Service, 1315 East-West reasonably likely to, adversely affect the authorization to incidentally harass up Highway, Silver Spring, MD 20910. The species or stock through effects on to 14,063 California sea lions, 686 mailbox address for providing email annual rates of recruitment or survival.’’ harbor seals, 63 harbor porpoises, and comments is [email protected]. NMFS Section 101(a)(5)(D) of the MMPA two northern elephant seals during the is not responsible for email comments established an expedited process by 1-year time span of the proposed IHA. sent to addresses other than the one which citizens of the United States can The proposed IHA would be valid for provided here. Comments sent via apply for an authorization to one year from the date of issuance. Any email, including all attachments, must incidentally take small numbers of activities that may result in incidental not exceed a 10-megabyte file size. marine mammals by Level B harassment harassment of marine mammals that fall Instructions: All comments received as defined below. Section 101(a)(5)(D) outside of the 1-year period of validity are a part of the public record. All establishes a 45-day time limit for would require subsequent authorization. NMFS review of an application Personal Identifying Information (e.g., Description of the Specified Activity name, address) voluntarily submitted by followed by a 30-day public notice and the commenter may be publicly comment period on any proposed The America’s Cup is a series of accessible. Do not submit Confidential authorizations for the incidental match races between two yachts. One Business Information or otherwise harassment of marine mammals. Within yacht, known as the defender, sensitive or protected information. 45 days of the close of the comment represents the yacht club that currently A copy of the application containing period, NMFS must either issue or deny holds the America’s Cup trophy while a list of the references used in this the authorization. If authorized, an IHA the second yacht, known as the document may be obtained by writing to may be effective for a maximum of one challenger, represents the yacht club the address specified above, telephoning year from date of issuance. that is challenging for the cup. AC34, to the contact listed below (see FOR Except with respect to certain be held in San Francisco Bay (the Bay), FURTHER INFORMATION CONTACT), or activities not pertinent here, the MMPA consists of three main stages: The visiting the internet at: http:// defines ‘harassment’ as: ‘‘any act of America’s Cup World Series; the www.nmfs.noaa.gov/pr/permits/ pursuit, torment, or annoyance which (i) America’s Cup Challenger Selection incidental.htm. Supplemental has the potential to injure a marine Series (CCS; also referred to as the Louis documents may be found at the same mammal or marine mammal stock in the Vuitton Cup), and the America’s Cup web address. Documents cited in this wild [Level A harassment]; or (ii) has Finals. The America’s Cup World Series notice may also be viewed, by the potential to disturb a marine is a regular circuit of regattas (held in appointment only, at the mammal or marine mammal stock in the venues around the world) which allows aforementioned physical address. wild by causing disruption of behavioral the teams to prepare for the CCS. patterns, including, but not limited to, Regattas in the Bay will be held in FOR FURTHER INFORMATION CONTACT: Ben migration, breathing, nursing, breeding, August and October 2012. Laws, Office of Protected Resources, feeding, or sheltering [Level B Subsequently, a challenger must win the NMFS, (301) 427–8401. harassment].’’ CCS to earn the right to race the SUPPLEMENTARY INFORMATION: defender in the AC34 finals. The Summary of Request Background challenger series and the finals will be NMFS received an application on held in the Bay in September 2013. Sections 101(a)(5)(A) and (D) of the January 20, 2012, from ACEA and the A number of project sites, or venues, MMPA (16 U.S.C. 1361 et seq.) direct Port requesting issuance of an IHA for are planned to accommodate these the Secretary of Commerce to allow, the taking, by Level B harassment only, events. These venues would provide all upon request, the incidental, but not of marine mammals incidental to aspects of AC34 facilities and services, intentional, taking of small numbers of activities conducted in support of the including team bases and operations, marine mammals by U.S. citizens who 34th America’s Cup (AC34) in San support space, media operations, engage in a specified activity (other than Francisco, California. Following hospitality services, sponsored commercial fishing) within a specified revisions requested by NMFS, the commercial space, and entertainment geographical region if certain findings applicants submitted an adequate and and spectator venues. Construction of are made and either regulations are complete application on April 27, 2012. these venues would require pile driving issued or, if the taking is limited to A series of yacht races will be held in for the installation of temporary floating harassment, a notice of a proposed San Francisco Bay during 2012–13. The docks as well as for permanent authorization is published in the proposed activities include the improvements to existing waterfront Federal Register to provide public installation of temporary dock facilities facilities. Helicopters would be used for notice and initiate a 30-day comment along with certain permanent AC34 2012 and 2013 races to serve period. improvements at the proposed venue broadcasting and media operations. Authorization for incidental taking sites to accommodate the AC34 events; Commercial-grade fireworks displays shall be granted if NMFS finds that the these activities would require pile are proposed at the opening and closing taking will have a negligible impact on driving and would be conducted in ceremonies for the 2013 America’s Cup the species or stock(s), will not have an advance of AC34 events. Components of events only. unmitigable adverse impact on the the AC34 race events that may result in availability of the species or stock(s) for harassment of marine mammals include Region of Activity subsistence uses (where relevant), and if helicopter operations and fireworks The proposed activity would occur in the permissible methods of taking and displays. Authorization of incidental San Francisco Bay and at multiple requirements pertaining to the take has been requested for the harbor locations along the San Francisco mitigation, monitoring and reporting of seal (Phoca vitulina), California sea lion waterfront between Pier 80 and Aquatic such takings are set forth. NMFS has (Zalophus californianus), harbor Cove. The actual race area is within the defined ‘negligible impact’ in 50 CFR porpoise (Phocoena phocoena), and Western Central San Francisco Bay, 216.103 as ‘‘* * * an impact resulting elephant seal (Mirounga angustirostris). flanked by the Golden Gate, Angel from the specified activity that cannot Based on the best available information, Island, the North Shore of San

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Francisco, and south to Treasure Island current action, temperature, salinity, towed to specific locations via material and the San Francisco-Oakland Bay and light penetration determine the barges. The sections would then be Bridge (SFOBB). Figures 1–2 of the composition and distribution of assembled and located, and guide piles application provide a vicinity map and organisms within these soft sediments driven to fix the dock system in place. show the locations where construction (NOAA, 2007). A total of 244 18-in steel pipe piles activities would occur along the San Various contaminants are transported would be installed for temporary Francisco waterfront and the designated into San Francisco Bay by an assortment floating docks; project engineers race area where racing events will occur of sources: urban uses, industrial estimate that a maximum of eight piles within the Bay. San Francisco Bay and outfalls, municipal wastewater outfalls, may be installed per day. Accounting the adjacent Sacramento-San Joaquin municipal stormwater, upstream for unforeseen delays, installation of Delta make up a large, complex, and farming, upstream historic and current floating docks is expected to require highly dynamic estuary, one of the mining discharges, legacy pollutants, approximately 2 weeks at each location largest estuarine systems on the and various other pollutant sources. (with varying amounts of actual pile continent. The area where the proposed Contaminants are introduced into the driving days), although the time may activities would occur is a heavily Central Bay primarily through runoff, vary depending on number of piles to be urbanized area with substantial combined sewer overflow, stormwater, driven and any unforeseen difficulties. industrial activity. spills and leaks, and remobilization Circulation within the Bay is from sediment into the overlying water In addition, repairs and dependent upon tides, river flow, column. The San Francisco Regional improvements are proposed for Pier 19 winds, and bathymetry; the Bay also Water Quality Control Board listed the (see Figure 8 of the application for a site receives inputs from stormwater runoff Central Bay as an impaired water body. plan). Pier 19 repairs would require and wastewater from municipal and Under Section 303(d) of the Clean Water driving of 224 12-in (305-mm) wood industrial sources that vary depending Act, impaired waters are defined as piles; these would be installed via on the location and seasonal weather those that do not meet water quality impact hammer with an estimated patterns. Project activities are located standards, even after point and non- maximum production rate of eight piles within what is described as the Central point sources of pollution have had per day. Pier 19 repairs are expected to Bay, which is influenced by these pollution control technologies require approximately 28 days over the hydrodynamic conditions. Current and implemented. The pollutants listed for course of 4 months. Table 1 details the wave patterns exhibited along the San the Central Bay include chlordane, extent and location of pile driving Francisco waterfront and within the dichlorodiphenyltrichloroethane (DDT), activity. Central Bay are largely generated by the dieldrin, dioxin compounds, exotic tides interacting with bottom and species, furan compounds, mercury, Location Number shoreline configurations. The area polychlorinated biphenyls (PCBs), and of piles where construction and races will occur selenium (Bay Institute, 2003). Pollutant Pier 80 ...... 26 is saline and dominated by ocean concentrations vary seasonally and Pier 32 South ...... 27 influences. However, during periods of annually, dependent upon their specific Pier 14 North ...... 44 significant runoff, especially from the source and degradation characteristics. Pier 9 ...... 15 Sacramento-San Joaquin River system, Contaminants, such as ammonia, Pier 23 North ...... 21 substantial freshwater migrates through copper, and legacy pesticides, have Pier 23 South ...... 16 San Pablo Bay and into San Francisco decreased over recent years due to Pier 27 ...... 55 Bay. This inundation of freshwater can cleanup efforts and natural attenuation Pier 29 East ...... 5 temporarily reduce the salinity of waters (SFEI, 2010; Bay Institute, 2003). Noise Pier 29 North ...... 21 in the project vicinity to substantially from urban and industrial activity may Marina Green offshore ...... 14 less than ocean water (Bay Institute, be considered an additional pollutant in 2003). the Bay; underwater ambient sound Total piles for vibratory installa- Intertidal habitats in the Central Bay, levels have been measured at 133 dB tion ...... 244 or those that lie between low and high rms in the nearby Oakland Outer tides, include sandy beaches, natural Harbor. Pier 19 * ...... 224 and artificial rock (riprap), concrete Pile Driving * Pier 19 repairs would require impact driv- bulkheads, concrete, composite and ing of 12-in wood piles. All other piles would wood pier pilings, and mud flats. The Temporary floating docks would be be 18-in steel piles installed with vibratory Central Bay’s proximity to the Golden installed utilizing 18-in (457-mm) steel driver. Gate and Pacific Ocean has resulted in pipe piles; all piles for floating docks an intertidal zone inhabited by many would be installed via vibratory pile Depending on the location and coastal as well as estuarine species. driver only. Floating docks would be logistics, piles would likely be installed Pilings, riprap, and pipelines are a located at Piers 80, 30–32, 14 North, 9, from existing deck structures using dominant feature along the San 23 North and South, 27 South, 29 and land-based pile driving equipment or Francisco waterfront. In subtidal areas, adjacent to Marina Green (please see from a barge. Impact pile driving would the Central Bay contains both soft Figure 1 of the AC34 application for not occur concurrently with any other sediment and hard substrate habitat. location overview and Figures 3–9 for known project using an impact hammer; Soft bottom substrate ranges between detailed location diagrams). The floating however, there would be no restriction soft mud with high silt and clay content docks would be installed at various on concurrent vibratory driving. and areas of coarser sand. The stages starting in 2012 and extending Vibratory pile driving for installation of predominant seafloor habitat in the through the spring of 2013. Floating floating docks is planned for July project area is unconsolidated soft docks would be made of concrete, through August 2012 and approximately sediment composed of combinations of aluminum, or lighter-duty timber pre- March through June of 2013, while mud/silt/clay, sand, and pebble/cobble, cast sections with maximum widths of installation of 12-inch wood piles at with varying amounts of intermixed 8–16 ft (2.4–4.9 m). The dock system Pier 19 is planned for sometime shell fragments. Exposure to wave and modules would be fabricated offsite and between July and December 2012.

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Race Events race boats. Marine mammals present in During flight operations, helicopters Two World Series events will occur in the Bay typically avoid boats that are would minimize impacts to pinnipeds the Bay in August and October of 2012. underway and that are traveling at high at Pier 39 by avoiding low flying (less Each event will run up to 9 days with speeds. The high speed ferries that than 100 ft asl). Final details of 4 race days for each series. There will frequent Bay waters, which are helicopter operations would be be multiple races per day. The World predominantly multi-hull boats like the provided in the Water and Air Traffic Series races will be followed in 2013 by planned AC34 race boats, travel at Plan that would be developed and the CCS to determine which of the speeds in excess of 20 kn and regularly implemented for AC34. transit across the western part of the challenger teams advances to compete Fireworks Displays with the defender in the final. The Central Bay (where AC34 races are proposed to occur at speeds of up to 36 Commercial grade fireworks displays overall timeframe for the CCS races will kn). These vessels have not been are planned at the opening and closing occur over an approximately 81-day reported to be involved in any known ceremonies for the 2013 AC events only; duration between July to early marine mammal strikes. therefore, it is likely that no fireworks September of 2013 with approximately Spectator vessels would likely be events would occur during the 1-year 44 days of racing. The final races would moving at much slower speeds (under period of validity for this proposed IHA. occur in mid-September over an 10 kn) while congregated in the western However, this potentially harassment- approximately 2-week period. part of the Central Bay to observe the inducing activity is precautionarily The racing yachts will be launched races. USCG regulations are explicit that considered here to provide the event from either Pier 80 or Piers 30–32 Team the operator (captain) of a vessel is organizers with flexibility in scheduling Base locations. The yachts do not have responsible for the safe operation of that such events. The location of the engines; therefore, they will either be vessel at all times. A Water and Air fireworks barge would be near Piers 27– sailed or be towed to and from their Traffic Plan will be created for AC34 29 and up to four fireworks displays launch area and the race area. During events, which will provide Information would occur lasting 30–45 minutes racing, yachts are required under the for Visiting Mariners to Reduce Impacts each. It is anticipated that aerial shells rules to remain within the race area. on Bay Habitats and Taxa (‘‘Notice to would be launched from tubes (called Each race is scheduled to last under an Boaters’’). The Notice to Boaters will be mortars), using black powder charges, to hour. These racing yachts are highly distributed to the public and will altitudes of 200 to 1,000 ft (61–305 m) engineered in their design and encourage methods for boaters to avoid where they would explode and ignite production and have been specifically any harassment (including collisions) internal burst charges and incendiary designed to be very maneuverable at with marine mammals. A chemicals. Most of the incendiary both high and low speeds. Due to the comprehensive dissemination plan will elements and shell casings burn up in efficient design of the hulls the yachts coordinate distribution of the Water and the atmosphere; however, portions of are very quiet and leave almost no wake. Air Traffic Plan to multiple marinas and the casings and some internal structural Personal watercraft or rigid inflatable yacht clubs in California and spectator components and chemical residue fall boats will be used for umpiring the vessels entering the Bay. No incidental back to the ground or water, depending races. Two umpires will follow the harassment of marine mammals is on prevailing winds. racing yachts and remain within the anticipated as a result of race activities. The project sponsors have course limits during the race. They will coordinated and would continue to launch from either Marina Green or Pier Helicopter Operations coordinate with the USCG regarding 80 and power to the race course. As Helicopters would be used for AC34 limitations on the location, frequency proposed by the project sponsors, the 2012 and 2013 races to serve and duration of the fireworks to Course Marshal would establish a race broadcasting and media operations. The minimize potential environmental course for each racing day within the helicopters following each race would impacts. Any proposed fireworks conditions and parameters established fly between 100 and 400 feet above sea displays would be subject to approval under the U.S. Coast Guard’s (USCG) level (asl; 30–122 m) within the race by the USCG through the USCG Marine Special Local Regulations (SLR), final area. The helicopters would normally Event Permit process. environmental analysis documents, and perform coverage operations for up to 3 various regulatory approvals and hours on a tank of fuel and would likely Description of Sound Sources permits. Attendants would be at the require refueling once per day. The Sound travels in waves, the basic starting line and each turning mark, and coordination of the helicopters during components of which are frequency, umpires and several support boats race events would be such that one or wavelength, velocity, and amplitude. would be out on the course. All race two would stay above 400 ft asl and Frequency is the number of pressure management personnel are tasked with other helicopters would fly between waves that pass by a reference point per scanning for debris or other obstructions 100–400 ft asl to more closely cover the unit of time and is measured in Hz or that could possibly damage or impede racing action. The helicopters would be cycles per second. Wavelength is the fair play. Although unlikely, in the choreographed and move around the distance between two peaks of a sound event that a large marine mammal (i.e., racecourse to anticipate the next wave; lower frequency sounds have a whale) is observed, the Course important stage of each race for filming. longer wavelengths than higher Marshal would postpone or abandon the To protect sensitive avian species, the frequency sounds and attenuate more race depending on the direction the project sponsors would restrict rapidly in shallower water. Amplitude whale is moving or its presence within helicopter operations such that they is the height of the sound pressure wave or near the race course. These actions would avoid the air space within at least or the ‘‘loudness’’ of a sound and is would be taken to ensure the safety of 1,000 ft (vertically and horizontally; 305 typically measured using the decibel the marine mammal as well as the m) around Alcatraz Island and Crissy (dB) scale. A dB is the ratio between a racing boats and crews. Beach Wildlife Protection Area; these measured pressure (with sound) and a San Francisco Bay is host to regular measures would also mitigate any reference pressure (sound at a constant and frequent sailing regattas, and there possibility of incidental harassment of pressure, established by scientific are no known records of boat strikes by marine mammals at these locations. standards). It is a logarithmic unit that

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accounts for large variations in 200 Hz and 50 kHz (Mitson, 1995). In both. Some of these non-pulse sounds amplitude; therefore, relatively small general, ambient noise levels tend to can be transient signals of short changes in dB ratings correspond to increase with increasing wind speed duration but without the essential large changes in sound pressure. When and wave height. Surf noise becomes properties of pulses (e.g., rapid rise referring to sound pressure levels (SPLs; important near shore, with time). Examples of non-pulse sounds the sound force per unit area), sound is measurements collected at a distance of include those produced by vessels, referenced in the context of underwater 8.5 km (5.3 mi) from shore showing an aircraft, machinery operations such as sound pressure to 1 microPascal (mPa). increase of 10 dB in the 100 to 700 Hz drilling or dredging, vibratory pile One pascal is the pressure resulting band during heavy surf conditions. driving, and active sonar systems. The from a force of one newton exerted over • Precipitation noise: Noise from rain duration of such sounds, as received at an area of one square meter. The source and hail impacting the water surface can a distance, can be greatly extended in a level represents the sound level at a become an important component of total highly reverberant environment. distance of 1 m from the source noise at frequencies above 500 Hz, and Impact hammers operate by (referenced to 1 mPa). The received level possibly down to 100 Hz during quiet repeatedly dropping a heavy piston onto is the sound level at the listener’s times. a pile to drive the pile into the substrate. position. • Biological noise: Marine mammals Sound generated by impact hammers is Root mean square (rms) is the can contribute significantly to ambient characterized by rapid rise times and quadratic mean sound pressure over the noise levels, as can some fish and high peak levels, a potentially injurious duration of an impulse. Rms is shrimp. The frequency band for combination (Hastings and Popper, calculated by squaring all of the sound biological contributions is from 2005). Vibratory hammers install piles amplitudes, averaging the squares, and approximately 12 Hz to over 100 kHz. by vibrating them and allowing the then taking the square root of the • Anthropogenic noise: Sources of weight of the hammer to push them into average (Urick, 1975). Rms accounts for ambient noise related to human activity the sediment. Vibratory hammers both positive and negative values; include transportation (surface vessels produce significantly less sound than squaring the pressures makes all values and aircraft), dredging and construction, impact hammers. Peak SPLs may be positive so that they may be accounted oil and gas drilling and production, 180 dB or greater, but are generally 10 for in the summation of pressure levels seismic surveys, sonar, explosions, and to 20 dB lower than SPLs generated (Hastings and Popper, 2005). This ocean acoustic studies (Richardson et during impact pile driving of the same- measurement is often used in the al., 1995). Shipping noise typically sized pile (Caltrans, 2009). Rise time is context of discussing behavioral effects, dominates the total ambient noise for slower, reducing the probability and in part because behavioral effects, frequencies between 20 and 300 Hz. In severity of injury (USFWS, 2009), and which often result from auditory cues, general, the frequencies of sound energy is distributed over a may be better expressed through anthropogenic sounds are below 1 kHz greater amount of time (Nedwell and averaged units than by peak pressures. and, if higher frequency sound levels Edwards, 2002; Carlson et al., 2001). When underwater objects vibrate or are created, they would attenuate activity occurs, sound-pressure waves (decrease) rapidly (Richardson et al., Ambient Sound are created. These waves alternately 1995). The underwater acoustic environment compress and decompress the water as In-water construction activities consists of ambient sound, defined as the sound wave travels. Underwater associated with the project would environmental background sound levels sound waves radiate in all directions include impact and vibratory pile lacking a single source or point away from the source (similar to ripples driving. The sounds produced by these (Richardson et al., 1995). The ambient on the surface of a pond), except in activities fall into one of two sound underwater sound level of a region is cases where the source is directional. types: Pulsed and non-pulsed (defined defined by the total acoustical energy The compressions and decompressions in next paragraph). The distinction being generated by known and associated with sound waves are between these two general sound types unknown sources, including sounds detected as changes in pressure by is important because they have differing from both natural and anthropogenic aquatic life and man-made sound potential to cause physical effects, sources. The sum of the various natural receptors such as hydrophones. particularly with regard to hearing (e.g., and anthropogenic sound sources at any Underwater sound levels (‘‘ambient Ward, 1997 in Southall et al., 2007). given location and time depends not sound’’) are comprised of multiple Please see Southall et al., (2007) for an only on the source levels (as determined sources, including physical (e.g., waves, in-depth discussion of these concepts. by current weather conditions and earthquakes, ice, atmospheric sound), Pulsed sounds (e.g., explosions, levels of biological and industrial or biological (e.g., sounds produced by gunshots, sonic booms, and impact pile other anthropogenic activity) but also on marine mammals, fish, and driving) are brief, broadband, atonal the ability of sound to propagate invertebrates), and anthropogenic sound transients (ANSI, 1986; Harris, 1998) through the environment. In turn, sound (e.g., vessels, dredging, aircraft, and occur either as isolated events or propagation is dependent on the construction). Even in the absence of repeated in some succession. Pulsed spatially and temporally varying anthropogenic sound, the sea is sounds are all characterized by a properties of the water column and sea typically a loud environment. A number relatively rapid rise from ambient floor, and is frequency-dependent. As a of sources of sound are likely to occur pressure to a maximal pressure value result of the dependence on a large within San Francisco Bay, including the followed by a decay period that may number of varying factors, the ambient following (Richardson et al., 1995): include a period of diminishing, sound levels at a given frequency and • Wind and waves: The complex oscillating maximal and minimal location can vary by 10–20 dB from day interactions between wind and water pressures. Pulsed sounds generally have to day (Richardson et al., 1995). In San surface, including processes such as an increased capacity to induce physical Francisco Bay, the average broadband breaking waves and wave-induced injury as compared with sounds that ambient underwater sound levels were bubble oscillations and cavitation, are a lack these features. measured at 133 dB re 1mPa in the main source of naturally occurring Non-pulse (intermittent or continuous Oakland Outer Harbor (Strategic ambient noise for frequencies between sounds) can be tonal, broadband, or Environmental Consulting, Inc., 2004).

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Sound Attenuation Devices be used in the proposed activities. Using of data regarding airborne SPLs from Sound levels can be greatly reduced practical spreading loss—4.5 dB similar pile driving events; however, during impact pile driving using sound reduction in level for each doubling of acoustic monitoring of pile driving attenuation devices. There are several distance from the source—to events conducted recently by the U.S. types of sound attenuation devices approximate site-specific sound Navy in Hood Canal provides including bubble curtains, cofferdams, propagation characteristics, these data approximate source levels of 114.5 and and isolation casings (also called provide estimated source levels of 116.7 dB rms for impact driving and temporary noise attenuation piles 185 dB rms for impact driving of 12-in vibratory driving, respectively, of steel [TNAP]), and cushion blocks. Cushion timber piles with use of a cushion block piles of 24–48 in diameter. Impact blocks, which are commonly used and 177.5 dB rms for vibratory driving driving of 12-in timber piles with a cushion block would produce sound at attenuation devices for timber piles, of 18-in steel pipe piles. On the basis of somewhat lower intensity. It is consist of materials (e.g., wood, nylon) these estimated source levels, the extremely unlikely that pinnipeds placed atop piles during impact pile estimated distances to various would be exposed to airborne SPLs driving activities to reduce source thresholds (presented for reference only) above the relevant thresholds, given the levels. Typically sound reduction are presented in Table 2. Impact pile source levels and likely distance performance is variable, but can range driving activity would not produce SPLs between pinnipeds and the activity. from 4 to a maximum of 26 dB. Both of sufficient intensity to potentially Please see Table 2 for estimated environmental conditions and the cause injury to pinnipeds (i.e., 190 dB distances to thresholds. characteristics of the sound attenuation rms), and SPLs produced by vibratory device may influence the effectiveness pile driving would be low enough to Description of Marine Mammals in the of the device. preclude the potential for injury to any Area of the Specified Activity marine mammal (i.e., below 180 dB Sound Thresholds rms). Marine mammals with confirmed occurrences in San Francisco Bay are Since 1997, NMFS has used generic TABLE 2—ESTIMATED DISTANCES TO the harbor seal, California sea lion, sound exposure thresholds to determine harbor porpoise, elephant seal, gray UNDERWATER MARINE MAMMAL when an activity in the ocean that whale (Eschrichtius robustus), produces sound might result in impacts SOUND THRESHOLDS DURING PILE humpback whale (Megaptera to a marine mammal such that a take by DRIVING noveangliae), and sea otter (Enhydra harassment might occur (NMFS, 2005). lutris). The gray whale is typically To date, no studies have been Distance Threshold (m) observed migrating southward along the conducted that examine impacts to Central California coast between marine mammals from pile driving Impact driving, pinniped injury December and February and then again sounds from which empirical sound (190 dB) ...... n/a heading northward between February thresholds have been established. Impact driving, cetacean injury and July. Observations in San Francisco Current NMFS practice regarding (180 dB) ...... 2.2 Bay are typically made from December exposure of marine mammals to sound Impact driving, disturbance (160 through May, during the whales’ coastal is that cetaceans and pinnipeds exposed dB) ...... 46 migration (USACE, 2011). Pile driving to impulsive sounds of 180 and 190 dB Impact driving, airborne disturb- activities could overlap with the ance (100 dB) ...... 5.3 rms or above, respectively, are southbound migrating whales; however, considered to have been taken by Level Impact driving, airborne disturb- ance (90 dB) ...... 17 southbound migrants typically travel A (i.e., injurious) harassment. Vibratory driving, pinniped injury farther offshore and are less likely to Behavioral harassment (Level B) is (190 dB) ...... n/a enter into the Bay. Humpback whales considered to have occurred when Vibratory driving, cetacean injury are considered extremely rare in San marine mammals are exposed to sounds (180 dB) ...... n/a Francisco Bay and are highly unlikely to at or above 160 dB rms for impulse Vibratory driving, disturbance (133 be present in the action area. Sea otters sounds (e.g., impact pile driving) and dB 1) ...... 926 are under the jurisdiction of the U.S. 120 dB rms for continuous sound (e.g., Vibratory driving, airborne disturb- Fish and Wildlife Service. Therefore, vibratory pile driving), but below ance (100 dB) ...... 6.8 these three species are not discussed in injurious thresholds. NMFS uses these Vibratory driving, airborne disturb- ance (90 dB) ...... 22 detail. levels as guidelines to estimate when Typically, there is very little marine harassment may occur. 1 Distance to disturbance zone calculated on mammal activity in the waters There is a general lack of information basis of ambient sound measurement of immediately adjacent to the San 133 dB rms in vicinity of San Francisco water- regarding driving of timber piles in the front. Marine mammals present in the project Francisco waterfront, where pile driving available literature. However, area are likely acclimated to non-pulsed sound activities are proposed. The general lack underwater sound produced by impact at levels well above NMFS’ threshold for har- of marine mammal activity at the San driving of 12-in timber piles with use of assment for these types of sound (i.e., 120 dB Francisco waterfront—other than a cushion blocks, as is planned for the rms). California sea lion haul-out at Pier 39— proposed activity, has been measured in Precise exposure thresholds for is likely due to the high level of human the Bay area at 170 dB rms at 10 m airborne sounds have not been activity, both urban and industrial in (Caltrans, 2007). Caltrans (2007) has also determined; however, monitoring of nature. The primary route for shipping measured SPLs associated with marine mammal reactions to rocket traffic into and out of the Port of San vibratory pile driving in the Bay area; launches at Vandenberg Air Force Base Francisco and Port of Oakland is located vibratory driving for 12-in steel pipe (VAFB) has indicated that behavioral between the San Francisco waterfront piles was measured at 155 dB rms and harassment may occur for harbor seals and Angel Island, approximately 5 km for 36-in steel pipe piles at 170 dB rms, at received levels of 90 dB re 20 mPa, to the north. Amongst other uses, both at 10 m distance. Averaging these while similar reactions may occur at tugboat activities occur at Piers 15 and values provides a conservative estimate levels of 100 dB re 20 mPa for other 17, ferry traffic around Pier 1 and along of 162.5 dB rms for 18-in piles, as would pinniped species. There is a general lack the waterfront to Piers 39 and 45,

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marine shipping and cargo transport to foraging, although small groups have sides of the Baja California peninsula, Piers 80 A–D and Piers 92 and 94–96, been observed. They normally choose typically from May to August. Females and cruise vessel traffic at Piers 27 and isolated sites for pupping. tend to remain close to the rookeries 35 (see Figures 1–2 of the application The harbor seal is a permanent throughout the year, while males for relative locations). As noted resident in San Francisco Bay. The migrate north after the breeding season previously, ambient underwater sound current Bay-Delta harbor seal in the late summer before migrating has been measured at 133 dB rms, population is estimated at between 500 back south to the breeding grounds in significantly above NMFS threshold for and 700 individuals (Green et al., 2006). the spring (CDFG, 1990). No established behavioral harassment from non-pulsed Harbor seals have established haul-out rookeries are known north of Point sound (120 dB). sites at Castro Rocks in San Pablo Bay, Reyes, California, but large numbers of Harbor seals and California sea lion Yerba Buena Island (YBI) in the Central subadult and non-breeding or post- are the most common marine mammals Bay, and Mowry Slough in the South breeding male California sea lions are in the Bay, and may be found at Bay (NOAA, 2007). The south side of found throughout the Pacific Northwest. multiple sites either resting or foraging. YBI, approximately 2.4 km distant from There is a mean seasonal pattern of peak There are no documented haul-outs in the nearest project site, is the nearest numbers occurring in the northwest the vicinity of proposed construction or haul-out area and the only one that may during fall, but local areas show high race events other than those discussed potentially be affected by project annual and seasonal variability. Sea in succeeding sections. Various sources activities. The YBI haul-out is lions feed on fish and cephalopods. have observed pinnipeds resting on approximately 3.2 km from Pier 19, the Although solitary feeders, sea lions channel marker buoys throughout the only location where impact pile driving often hunt in groups, which can vary in Bay, on the shorelines of Alcatraz or is proposed. size according to the abundance of prey Angel Island and along the San Although not historically identified as (CDFG, 1990). Francisco waterfront but these locations a pupping site for harbor seals, recent California sea lions are typically have not been defined as haul-out sites. observations at the year-round seal haul- found within the San Francisco Bay out on the south side of YBI suggest that region while migrating to and from their Harbor Seals occasional pupping does occur at this primary breeding areas in the Channel Harbor seals in the eastern Pacific location (Green et al., 2006). Pupping Islands, and in association with herring inhabit near-shore coastal and estuarine season for harbor seals in San Francisco and salmon spawning migrations. Sea areas from Baja California, Mexico, to Bay spans approximately March 15th lions haul out on offshore rocks, sandy the Pribilof Islands in Alaska. In through May 31st, with pup numbers beaches, floating docks, wharfs, vessels, California, approximately 400–600 generally peaking in late April or May. and other man-made structures in the harbor seal haul-outs are widely Individual seals may occasionally haul Bay, where winter numbers have distributed along the mainland and on out farther to the west and southwest of historically been observed to be over offshore islands, including intertidal the main haul-out at YBI site, depending 500 animals (Goals Project, 2000). sandbars, rocky shores and beaches on space availability and conditions at Although some animals may remain in (Hanan, 1996). the main haul-out area. Harbor seals the Bay year-round, sea lions typically The harbor seal population in present near the San Francisco begin to appear in August. Numbers California is estimated at approximately waterfront would likely be transiting to then increase gradually before a sudden 34,233 (Carretta et al., 2007). Counts of and from YBI or opportunistically increase in December, when the herring harbor seals in California showed a foraging. run results in greatest numbers (Dec– rapid increase from approximately 1972 California Sea Lions Feb). Following the winter peak, to 1990, though net production rates numbers decline to just a few animals appeared to decline from 1982 to 1994. California sea lions range from by summer months. The decrease in population growth rate southern Mexico to British Columbia, California sea lions are typically has occurred at the same time as a Canada. The entire U.S. population has observed at Angel Island and occupying decrease in human-caused mortality and been estimated at 238,000, and grew at the docks near Pier 39, which is the may be an indication that the a rate of approximately 6 percent largest haul-out in San Francisco Bay population is reaching its annually between 1975 and 2005 (Bauer, 1999). As many as 800 sea lions environmental carrying capacity. Harbor (Carretta et al., 2007). Sea lions can be have been counted at Pier 39, although seals are not listed under the ESA and found at sea from the surf zone out to the aggregations have decreased in size are not considered depleted or nearshore and pelagic waters. On land, in recent years, possibly coincident with designated as a strategic stock under the sea lions are found resting and breeding a fluctuating decrease in the herring MMPA. in groups of various sizes, and haul out population in the Bay. No other sea lion In general, harbor seals do not on rocky surfaces and outcroppings and haul-out sites have been identified in undertake long migrations, but do travel beaches, as well as on manmade the Bay, there are no known breeding 300–500 km on occasion to find food or structures such as jetties. Sea lions sites within San Francisco Bay, and no suitable breeding areas (Herder, 1986). prefer haul-out sites and rookeries near pupping has been observed at Pier 39 Harbor seals are rarely found in pelagic abundant food supplies, with easy site or at any other site in San Francisco waters and typically stay within the access to water, although they may Bay under normal conditions (USACE, tidal and intertidal zones. On land, occasionally travel up rivers and bays in 2011). Sea lions present at the Pier 39 harbor seals haul out on rocky outcrops, search of food. California sea lions are haul-out are described anecdotally as mudflats, sandbars and sandy beaches not listed under the ESA and are not being well-acclimated to human with unrestricted access to water and considered depleted or designated as a presence and activity. with minimal human presence. Haul- strategic stock under the MMPA. Pier 27 and Marina Green—both less out sites are important as resting sites California sea lions exhibit seasonal than 1.6 km away from Pier 39—are the for harbor seals, who feed migration patterns organized around closest locations where vibratory pile opportunistically in shallow waters on their breeding activity. Sea lions breed driving would be conducted. Pier 19, fish, crustaceans, and cephalopods. at large rookeries in the Channel Islands where impact pile driving would occur, Harbor seals are typically solitary while in southern California, and on both is also less than 1.6 km distant.

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California sea lions may forage in the Washington coastal, (5) inland California through 2005 (Carretta et al., waters of and adjacent to the sites where Washington, (6) Southeast Alaska, (7) 2009). The elephant seal is not listed construction is proposed and where the Gulf of Alaska, and (8) Bering Sea. Only under the ESA and is not considered race events would occur. individuals from the San Francisco- depleted or designated as a strategic Russian River stock are likely to occur stock under the MMPA. Harbor Porpoise in the project area. Based on 2002–07 Northern elephant seals breed and Harbor porpoises belong to the aerial surveys under good survey give birth in California and Baja Phocoenid (porpoise) family and are conditions the estimate of abundance California, Mexico, primarily on found extensively along the Pacific U.S. for this stock is 9,189 animals (Carretta offshore islands from December to coast. Harbor porpoises are small, with et al., 2009). Abundance of the stock has March (Stewart et al., 1994; Stewart and males reaching average lengths of steadily increased since 1993. The Huber, 1993). Gestation lasts around 11 approximately 5 ft (1.5 m); Females are Golden Gate Cetacean Research months, and pups are born in early slightly larger with an average length of Organization (GGCR) has suggested that winter from December to January. 5.5 ft (1.7 m). The average adult harbor the species is returning to San Francisco Northern elephant seals are porpoise weighs between 135–170 lb Bay after a general absence of polygamous; males establish dominance (61–77 kg). Harbor porpoises have a approximately 65 years (GGCR, 2010). over large groups of females during the dark grey coloration on their backs, with This re-emergence is not unique to San breeding season. Males feed near the their belly and throats white. They have Francisco Bay, but rather may be eastern Aleutian Islands and in the Gulf a dark grey chin patch and intermediate indicative of harbor porpoise increases of Alaska, and females feed further shades of grey along their sides. and expansions in general along the south (Stewart and Huber, 1993; Le Harbor porpoises are generally found west coast. Harbor porpoises are not Boeuf et al., 1993). Adults return to land in cool temperate to subarctic waters listed under the ESA and are not between March and August to molt, over the continental shelf in both the considered depleted or designated as a with males returning later than females. North Atlantic and North Pacific (Read, strategic stock under the MMPA. Adults return to their feeding areas 1999). This species is seldom found in Harbor porpoises, although not again between their spring/summer waters warmer than 17 °C (63 °F; Read, commonly sighted in San Francisco molting and their winter breeding 1999) or south of Point Conception Bay, have been observed traveling in seasons. (Hubbs, 1960; Barlow and Hanan, 1995). small pods of two to three animals in Individual juvenile elephant seals Harbor porpoises can be found year- the Central Bay and below the Golden have been reported entering the Bay in round primarily in the shallow coastal Gate Bridge on occasion and in some the past few years between March and waters of harbors, bays, and river instances displaying mating behavior. August, with an occasional report in mouths (Green et al., 1992). Along the Recent observations of harbor porpoises October and November. Elephant Seals Pacific coast, harbor porpoises occur have been reported by GGCR researchers do not have any established haul out from Monterey Bay, California to the off Cavallo Point, outside Raccoon Strait sites in the Bay, but occasional sightings Aleutian Islands and west to Japan between Tiburon and Angel Island, off have occurred at Crissy Field, (Reeves et al., 2002). Fort Point and as far into the Bay as approximately 1 km from the nearest Harbor porpoises are non-social Carquinez Strait (Perlman, 2010). In project site. Elephant seals are animals usually seen in small groups of addition, the California Department of considered rare in the Bay. two to five animals. Little is known Transportation reported observing a Potential Effects of the Specified about their social behavior. Harbor single harbor porpoise in 2000 in the Activity on Marine Mammals porpoises can be opportunistic foragers vicinity of YBI during monitoring but primarily consume schooling forage associated with bridge construction. NMFS has determined that pile fish (Osmek et al., 1996; Bowen and Harbor porpoise presence in the project driving, as outlined in the project Siniff, 1999; Reeves et al., 2002). area is nevertheless considered rare. description, has the potential to result Females reach sexual maturity at three in behavioral harassment of marine to four years of age and may give birth Elephant Seals mammals that may be swimming, every year for several years in a row. Populations of northern elephant foraging, or resting in the project Calves are born in late spring (Read, seals in the U.S. and Mexico are derived vicinity while pile driving is being 1990; Read and Hohn, 1995). from a few tens or hundreds of conducted. Behavioral disturbance is Recent preliminary genetic analyses individuals surviving in Mexico after also possible when helicopter of samples ranging from Monterey, CA being nearly hunted to extinction overflights or fireworks displays occur. to Vancouver Island, BC indicate that (Stewart et al., 1994). Given the recent there is small-scale subdivision within derivation of most rookeries, no genetic Marine Mammal Hearing the U.S. portion of this range (Chivers differentiation would be expected. The primary effect on marine et al., 2002). Although geographic Although movement and genetic mammals anticipated from the specified structure exists along an almost exchange continues between rookeries, activities would result from exposure of continuous distribution of harbor most elephant seals return to their natal animals to underwater sound. Exposure porpoises from California to Alaska, rookeries when they start breeding to sound can affect marine mammal stock boundaries are difficult to draw (Huber et al., 1991). The California hearing or cause changes in behavior. because any rigid line is generally breeding population is now When considering the influence of arbitrary from a biological perspective. demographically isolated from the Baja various kinds of sound on the marine Nevertheless, based on genetic data and California population and is considered environment, it is necessary to density discontinuities identified from to be a separate stock. Based on the understand that different kinds of aerial surveys, NMFS identifies eight estimated 35,549 pups born in marine life are sensitive to different stocks in the Northeast Pacific Ocean. California in 2005, the California stock frequencies of sound. Based on available Pacific coast harbor porpoise stocks was estimated at approximately 124,000 behavioral data, audiograms derived include: (1) Monterey Bay, (2) San (Carretta et al. 2009). Based on trends in using auditory evoked potential Francisco-Russian River, (3) northern pup counts, northern elephant seal techniques, anatomical modeling, and California/southern Oregon, (4) Oregon/ colonies were continuing to grow in other data, Southall et al. (2007)

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designate functional hearing groups for received level and duration of the sound occurred, would constitute injury, but marine mammals and estimate the lower exposure, which are in turn influenced TTS is not considered injury (Southall and upper frequencies of functional by the distance between the animal and et al., 2007). It is unlikely that the hearing of the groups. The functional the source. The further away from the project would result in any cases of groups and the associated frequencies source, the less intense the exposure temporary or especially permanent are indicated below (though animals are should be. The substrate and depth of hearing impairment or any significant less sensitive to sounds at the outer edge the habitat affect the sound propagation non-auditory physical or physiological of their functional range and most properties of the environment. Shallow effects for reasons discussed later in this sensitive to sounds of frequencies environments are typically more document. Some behavioral disturbance within a smaller range somewhere in structurally complex, which leads to is expected, but it is likely that this the middle of their functional hearing rapid sound attenuation. In addition, would be localized and short-term range): substrates that are soft (e.g., sand) would because of the short project duration. • Low frequency cetaceans (13 absorb or attenuate the sound more Several aspects of the planned species of mysticetes): Functional readily than hard substrates (e.g., rock) monitoring and mitigation measures for hearing is estimated to occur between which may reflect the acoustic wave. this project (see the ‘‘Proposed approximately 7 Hz and 22 kHz; Soft porous substrates would also likely Mitigation’’ and ‘‘Proposed Monitoring • Mid-frequency cetaceans (32 require less time to drive the pile, and and Reporting’’ sections later in this species of dolphins, six species of larger possibly less forceful equipment, which document) are designed to detect toothed whales, and 19 species of would ultimately decrease the intensity marine mammals occurring near the pile beaked and bottlenose whales): of the acoustic source. driving to avoid exposing them to sound Functional hearing is estimated to occur In the absence of mitigation, impacts pulses that might, in theory, cause between approximately 150 Hz and 160 to marine species would be expected to hearing impairment. In addition, many kHz; result from physiological and behavioral cetaceans are likely to show some • High frequency cetaceans (six responses to both the type and strength avoidance of the area where received species of true porpoises, four species of of the acoustic signature (Viada et al., levels of pile driving sound are high river dolphins, two members of the 2008). The type and severity of enough that hearing impairment could genus Kogia, and four dolphin species behavioral impacts are more difficult to potentially occur. In those cases, the of the genus Cephalorhynchus): define due to limited studies addressing avoidance responses of the animals Functional hearing is estimated to occur the behavioral effects of sound on themselves would reduce or (most between approximately 200 Hz and 180 marine mammals. Potential effects from likely) avoid any possibility of hearing kHz; and impulsive sound sources can range in impairment. Non-auditory physical • Pinnipeds in water: functional severity, ranging from effects such as effects may also occur in marine hearing is estimated to occur between behavioral disturbance, tactile mammals exposed to strong underwater approximately 75 Hz and 75 kHz, with perception, physical discomfort, slight pulsed sound. It is especially unlikely the greatest sensitivity between injury of the internal organs and the that any effects of these types would approximately 700 Hz and 20 kHz. auditory system, to mortality (Yelverton occur during the present project given As mentioned previously in this et al., 1973; O’Keefe and Young, 1984; the brief duration of exposure for any document, three pinniped and one DoN, 2001b). given individual and the planned cetacean species may occur in the Hearing Impairment and Other monitoring and mitigation measures. proposed project area during the project Physical Effects—Marine mammals The following subsections discuss in timeframe. The harbor porpoise is exposed to high intensity sound somewhat more detail the possibilities classified as a high frequency cetacean repeatedly or for prolonged periods can of TTS, PTS, and non-auditory physical (Southall et al., 2007). experience hearing threshold shift (TS), effects. which is the loss of hearing sensitivity Temporary Threshold Shift—TTS is Underwater Sound Effects at certain frequency ranges (Kastak et the mildest form of hearing impairment Potential Effects of Pile Driving al., 1999; Schlundt et al., 2000; that can occur during exposure to a Sound—The effects of sounds from pile Finneran et al., 2002, 2005). TS can be strong sound (Kryter, 1985). While driving might generally result in one or permanent (PTS), in which case the loss experiencing TTS, the hearing threshold more of the following: Temporary or of hearing sensitivity is not recoverable, rises, and a sound must be stronger in permanent hearing impairment, non- or temporary (TTS), in which case the order to be heard. In terrestrial auditory physical or physiological animal’s hearing threshold would mammals, TTS can last from minutes or effects, behavioral disturbance, and recover over time (Southall et al., 2007). hours to days (in cases of strong TTS). masking (Richardson et al., 1995; Marine mammals depend on acoustic For sound exposures at or somewhat Gordon et al., 2004; Nowacek et al., cues for vital biological functions, (e.g., above the TTS threshold, hearing 2007; Southall et al., 2007). The effects orientation, communication, finding sensitivity in both terrestrial and marine of pile driving on marine mammals are prey, avoiding predators); thus, TTS mammals recovers rapidly after dependent on several factors, including may result in reduced fitness in survival exposure to the sound ends. Few data the size, type, and depth of the animal; and reproduction, either permanently or on sound levels and durations necessary the depth, intensity, and duration of the temporarily. However, this depends on to elicit mild TTS have been obtained pile driving sound; the depth of the the frequency and duration of TTS, as for marine mammals, and none of the water column; the substrate of the well as the biological context in which published data concern TTS elicited by habitat; the standoff distance between it occurs. TTS of limited duration, exposure to multiple pulses of sound. the pile and the animal; and the sound occurring in a frequency range that does Available data on TTS in marine propagation properties of the not coincide with that used for mammals are summarized in Southall et environment. Impacts to marine recognition of important acoustic cues, al. (2007). mammals from pile driving activities are would have little to no effect on an Given the available data, the received expected to result primarily from animal’s fitness. Repeated sound level of a single pulse (with no acoustic pathways. As such, the degree exposure that leads to TTS could cause frequency weighting) might need to be of effect is intrinsically related to the PTS. PTS, in the unlikely event that it approximately 186 dB re 1 mPa2-s (i.e.,

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186 dB sound exposure level [SEL] or to the source) is at least 6 dB higher than within 2 dB of the pre-exposure level approximately 221–226 dB pk-pk) in the TTS threshold on a peak-pressure within four minutes of the exposure order to produce brief, mild TTS. basis and probably greater than 6 dB (Finneran et al., 2002). Although the Exposure to several strong pulses that (Southall et al., 2007). On an SEL basis, source level of pile driving from one each have received levels near 190 dB Southall et al. (2007) estimated that hammer strike is expected to be much re 1 mPa rms (175–180 dB SEL) might received levels would need to exceed lower than the single watergun impulse result in cumulative exposure of the TTS threshold by at least 15 dB for cited here, animals being exposed for a approximately 186 dB SEL and thus there to be risk of PTS. Thus, for prolonged period to repeated hammer slight TTS in a small odontocete, cetaceans, Southall et al. (2007) estimate strikes could receive more sound assuming the TTS threshold is (to a first that the PTS threshold might be an M- exposure in terms of SEL than from the approximation) a function of the total weighted SEL (for the sequence of single watergun impulse (estimated at received pulse energy. Source levels for received pulses) of approximately 198 188 dB re 1 mPa2-s) in the the proposed activities are not expected dB re 1 mPa2-s (15 dB higher than the aforementioned experiment (Finneran et to exceed 190 dB re 1 mPa rms. TTS threshold for an impulse). Given al., 2002). However, in order for marine The above TTS information for the higher level of sound necessary to mammals to experience TTS or PTS, the odontocetes is derived from studies on cause PTS as compared with TTS, it is animals have to be close enough to be the bottlenose dolphin (Tursiops considerably less likely that PTS could exposed to high intensity sound levels truncatus) and beluga whale occur. for a prolonged period of time. Based on (Delphinapterus leucas). There is no Non-auditory Physiological Effects— the best scientific information available, published TTS information for other Non-auditory physiological effects or these SPLs are far below the thresholds species of cetaceans. However, injuries that theoretically might occur in that could cause TTS or the onset of preliminary evidence from a harbor marine mammals exposed to strong PTS. porpoise exposed to pulsed sound underwater sound include stress, suggests that its TTS threshold may neurological effects, bubble formation, Disturbance Reactions have been lower (Lucke et al., 2009). To resonance effects, and other types of Disturbance includes a variety of avoid the potential for injury, NMFS has organ or tissue damage (Cox et al., 2006; effects, including subtle changes in determined that cetaceans should not be Southall et al., 2007). Studies examining behavior, more conspicuous changes in exposed to pulsed underwater sound at such effects are limited. In general, little activities, and displacement. Reactions received levels exceeding 180 dB re 1 is known about the potential for pile to sound, if any, depend on species, mPa rms. As summarized above, data driving to cause auditory impairment or state of maturity, experience, current that are now available imply that TTS other physical effects in marine activity, reproductive state, time of day, is unlikely to occur unless odontocetes mammals. Available data suggest that and many other factors (Richardson et are exposed to pile driving pulses such effects, if they occur at all, would al., 1995; Wartzok et al., 2004; Southall stronger than 180 dB re 1 mPa rms. presumably be limited to short distances et al., 2007; Weilgart, 2007). Behavioral Permanent Threshold Shift—When from the sound source and to activities responses to sound are highly variable PTS occurs, there is physical damage to that extend over a prolonged period. and context-specific. For each potential the sound receptors in the ear. In severe The available data do not allow behavioral change, the magnitude of the cases, there can be total or partial identification of a specific exposure change ultimately determines the deafness, while in other cases the level above which non-auditory effects severity of the response. A number of animal has an impaired ability to hear can be expected (Southall et al., 2007) factors may influence an animal’s sounds in specific frequency ranges or any meaningful quantitative response to sound, including its (Kryter, 1985). There is no specific predictions of the numbers (if any) of previous experience, its auditory evidence that exposure to pulses of marine mammals that might be affected sensitivity, its biological and social sound can cause PTS in any marine in those ways. Marine mammals that status (including age and sex), and its mammal. However, given the possibility show behavioral avoidance of pile behavioral state and activity at the time that mammals close to pile driving driving, including some odontocetes of exposure. activity might incur TTS, there has been and some pinnipeds, are especially Habituation can occur when an further speculation about the possibility unlikely to incur auditory impairment animal’s response to a stimulus wanes that some individuals occurring very or non-auditory physical effects. with repeated exposure, usually in the close to pile driving might incur PTS. Measured source levels from impact absence of unpleasant associated events Single or occasional occurrences of mild pile driving can be as high as 214 dB re (Wartzok et al., 2003/04). Animals are TTS are not indicative of permanent 1 mPa at 1 m (3.3 ft). Although no most likely to habituate to sounds that auditory damage, but repeated or (in marine mammals have been shown to are predictable and unvarying. The some cases) single exposures to a level experience TTS or PTS as a result of opposite process is sensitization, when well above that causing TTS onset might being exposed to pile driving activities, an unpleasant experience leads to elicit PTS. captive bottlenose dolphins and beluga subsequent responses, often in the form Relationships between TTS and PTS whales exhibited changes in behavior of avoidance, at a lower level of thresholds have not been studied in when exposed to strong pulsed sounds exposure. Behavioral state may affect marine mammals but are assumed to be (Finneran et al., 2000, 2002, 2005). The the type of response as well. For similar to those in humans and other animals tolerated high received levels of example, animals that are resting may terrestrial mammals. PTS might occur at sound before exhibiting aversive show greater behavioral change in a received sound level at least several behaviors. Experiments on a beluga response to disturbing sound levels than decibels above that inducing mild TTS whale showed that exposure to a single animals that are highly motivated to if the animal were exposed to strong watergun impulse at a received level of remain in an area for feeding sound pulses with rapid rise time. 207 kPa (30 psi) p-p, which is (Richardson et al., 1995; NRC, 2003; Based on data from terrestrial mammals, equivalent to 228 dB p-p re 1 mPa, Wartzok et al., 2003/04). a precautionary assumption is that the resulted in a 7 and 6 dB TTS in the Controlled experiments with captive PTS threshold for impulse sounds (such beluga whale at 0.4 and 30 kHz, marine mammals showed pronounced as pile driving pulses as received close respectively. Thresholds returned to behavioral reactions, including

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avoidance of loud sound sources exposure to military mid-frequency and cause increased stress levels (e.g., (Ridgway et al., 1997; Finneran et al., tactical sonar); Foote et al., 2004; Holt et al., 2009). 2003). Observed responses of wild • Habitat abandonment due to loss of Masking has the potential to impact marine mammals to loud pulsed sound desirable acoustic environment; and species at population, community, or sources (typically seismic guns or • Cessation of feeding or social even ecosystem levels, as well as at acoustic harassment devices, but also interaction. individual levels. Masking affects both including pile driving) have been varied The onset of behavioral disturbance senders and receivers of the signals and but often consist of avoidance behavior from anthropogenic sound depends on can potentially have long-term chronic or other behavioral changes suggesting both external factors (characteristics of effects on marine mammal species and discomfort (Morton and Symonds, 2002; sound sources and their paths) and the populations. Recent research suggests Caltrans, 2001, 2006; see also Gordon et specific characteristics of the receiving that low frequency ambient sound levels al., 2004; Wartzok et al., 2003/04; animals (hearing, motivation, have increased by as much as 20 dB Nowacek et al., 2007). Responses to experience, demography) and is difficult (more than three times in terms of SPL) continuous sound, such as vibratory to predict (Southall et al., 2007). in the world’s ocean from pre-industrial pile installation, have not been Auditory Masking periods, and that most of these increases documented as well as responses to are from distant shipping (Hildebrand, Natural and artificial sounds can pulsed sounds. 2009). All anthropogenic sound sources, disrupt behavior by masking, or such as those from vessel traffic, pile With both types of pile driving, it is interfering with, a marine mammal’s likely that the onset of pile driving driving, and dredging activities, ability to hear other sounds. Masking contribute to the elevated ambient could result in temporary, short term occurs when the receipt of a sound is changes in an animal’s typical behavior sound levels, thus intensifying masking. interfered with by another coincident However, the sum of sound from the and/or avoidance of the affected area. sound at similar frequencies and at These behavioral changes may include proposed activities is confined in an similar or higher levels. Chronic area of inland waters that is bounded by (Richardson et al., 1995): Changing exposure to excessive, though not high- durations of surfacing and dives, landmass; therefore, the sound intensity, sound could cause masking at generated is not expected to contribute number of blows per surfacing, or particular frequencies for marine moving direction and/or speed; to increased ocean ambient sound. mammals that utilize sound for vital The most intense underwater sounds reduced/increased vocal activities; biological functions. Masking can in the proposed action are those changing/cessation of certain behavioral interfere with detection of acoustic produced by impact pile driving, activities (such as socializing or signals such as communication calls, although the proposed activity involves feeding); visible startle response or echolocation sounds, and the striking of only relatively small aggressive behavior (such as tail/fluke environmental sounds important to diameter timber piles, meaning that slapping or jaw clapping); avoidance of marine mammals. Therefore, under source levels would be much lower than areas where sound sources are located; certain circumstances, marine mammals are typically produced by impact pile and/or flight responses (e.g., pinnipeds whose acoustical sensors or driving. Given that the energy flushing into water from haul-outs or environment are being severely masked distribution of pile driving covers a rookeries). Pinnipeds may increase their could also be impaired from maximizing broad frequency spectrum, sound from haul-out time, possibly to avoid in- their performance fitness in survival these sources would likely be within the water disturbance (Caltrans 2001, 2006). and reproduction. If the coincident audible range of animals in the vicinity. Since pile driving typically occurs for (masking) sound were man-made, it Impact pile driving activity is relatively short periods of time, and because could be potentially harassing if it short-term, with rapid pulses occurring marine mammals present at the San disrupted hearing-related behavior. It is for short periods of time. The Francisco waterfront are likely important to distinguish TTS and PTS, probability for impact pile driving acclimated to a loud environment and which persist after the sound exposure, resulting from this proposed action heavy urban and industrial usage of the from masking, which occurs during the masking acoustic signals important to area, it is unlikely to result in sound exposure. Because masking the behavior and survival of marine permanent displacement. Any potential (without resulting in TS) is not mammal species is likely to be impacts from pile driving activities associated with abnormal physiological negligible. Vibratory pile driving is also could be experienced by individual function, it is not considered a relatively short-term, producing sound marine mammals, but would not be physiological effect, but rather a from rapid oscillations. It is possible likely to cause population level impacts, potential behavioral effect. that vibratory pile driving resulting from or affect the long-term fitness of the The frequency range of the potentially this proposed action may mask acoustic species. masking sound is important in signals important to the behavior and The biological significance of many of determining any potential behavioral survival of marine mammal species, but these behavioral disturbances is difficult impacts. Because sound generated from the short-term duration and limited to predict, especially if the detected in-water pile driving is mostly affected area, coupled with high levels disturbances appear minor. However, concentrated at low frequency ranges, it of ambient noise in the action area, the consequences of behavioral may have less effect on high frequency would result in a negligible impact from modification could be expected to be echolocation sounds made by porpoises. masking. biologically significant if the change However, lower frequency man-made affects growth, survival, or sounds are more likely to affect Airborne Sound Effects reproduction. Significant behavioral detection of communication calls and Marine mammals that occur in the modifications that could potentially other potentially important natural project area could be exposed to lead to effects on growth, survival, or sounds such as surf and prey sound. It airborne sounds associated with pile reproduction include: may also affect communication signals driving, helicopter overflights, or • Drastic changes in diving/surfacing when they occur near the sound band fireworks displays that have the patterns (such as those thought to be and thus reduce the communication potential to cause harassment, causing beaked whale stranding due to space of animals (e.g., Clark et al., 2009) depending on their distance from pile

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driving activities. Airborne pile driving Typical reactions of hauled-out observed reactions at Monterey would sound would have less impact on pinnipeds to aircraft that have been be applicable to animals at the San cetaceans than pinnipeds because sound observed include looking up at the Francisco waterfront, where human from atmospheric sources does not aircraft, moving on land, or entering the activity, including fireworks, is more transmit well underwater (Richardson et water. Hauled out pinnipeds have been frequent and of greater intensity. It is al., 1995); thus, airborne sound would observed diving into the water when possible that animals at Pier 39 would only be an issue for hauled-out approached by a low-flying aircraft or display lesser reactions to fireworks pinnipeds in the project area or those helicopter (Richardson et al., 1995). displays. pinnipeds in the water but with their Richardson et al. (1995) note that In 2007, MBNMS conducted acoustic heads above water. Given the busy and responses can vary based on differences monitoring for the City of Monterey loud environment within which the in aircraft type, altitude, and flight Independence Day fireworks display. proposed activities would occur, and pattern. Additionally, a study The fireworks display began with two the degree of acclimatization displayed conducted by Born et al. (1999) found sets of fireworks detonations and ended by pinnipeds at Pier 39, it is unlikely that wind chill, time of day, and relative with a grand finale of multiple that airborne sound from pile driving, or wind direction were factors in the level explosions after 20 minutes. The sound alone from fireworks or of response. average sound level measured during helicopters, would cause behavioral As for helicopter overflights, few data the hour containing the fireworks responses similar to those discussed are available regarding pinniped display was 72.9 dB, approximately 14 above in relation to underwater sound. reactions to fireworks displays, although dB greater than ambient levels recorded However, anthropogenic sound could there is information from monitoring of before the display. The loudest sound potentially cause pinnipeds to exhibit fireworks displays conducted by the recorded during the event was changes in their normal behavior, such Monterey Bay National Marine associated with the detonation of a 10- as reduction in vocalizations, or cause Sanctuary (MBNMS). In some display in shell, and was measured at 133.9 dB them to temporarily abandon their locations, marine mammals may avoid (peak). Overall, sound generated during habitat and move further from the or temporarily depart the impact area the display was low- to mid-frequency source. Studies by Blackwell et al. during the hours immediately prior to and ranged from 97 to 107 dB rms, (2004) and Moulton et al. (2005) the beginning of the fireworks display while the majority of the fireworks indicate a tolerance or lack of response due to increased human recreational detonations ranged from 112 to 124 dB to unweighted airborne sounds as high activities associated with the overall rms. as 112 dB peak and 96 dB rms. celebration event, and as a fireworks Aerial shells produce flashes of light presentation progresses, most marine that can be brilliant (exceeding 30,000 Helicopter Operations and Fireworks mammals generally evacuate the impact candela) and can occur in rapid Displays area. The proposed display locations are succession. Loud explosive and approximately 800–1,000 m from Pier crackling sound effects stem primarily Potential effects to pinnipeds could 39, where California sea lions haul out from salutes and bursting charges at result from both acoustic (as described during parts of the year. altitude. Humans and wildlife on the in the preceding section) and non- The MBNMS has monitored ground and on the surface of the water acoustic stimuli. It is generally difficult commercial fireworks displays for may feel the sound waves and the to ascertain whether pinnipeds potential impacts to marine life and accompanying rapid shift of ambient displaying behavioral reactions to these habitats since 1993. Though monitoring atmospheric pressure. Sound propagates activities are reacting to sound or to techniques and intensity have varied further from high altitude shells than visual stimuli (e.g., physical presence of over the years and visual monitoring of low altitude shells, thus ensonifying aircraft, shadow of aircraft, light from wildlife abundance and behavioral more surface area on the ground and fireworks). responses to nighttime displays is water, as they are not blocked The functional hearing range for challenging, observed impacts have significantly by buildings and pinnipeds in air is 75 Hz to 30 kHz been consistent. In summary, nearly two landforms. The sound from the lifting (Southall et al., 2007). Richardson et al. decades of observing sea lion reactions charge detonation is vectored upward (1995) note that dominant tones in noise to fireworks displays gives the following through the mortar tube opening and spectra from helicopters are generally general observations: Sea lions (1) begin reports as a dull thump to bystanders on below 500 Hz, while Kastak and leaving the breakwater as soon as the the ground, far less conspicuous than Schustermann (1995) state that the in air fireworks begin; (2) clear completely off the high-level aerial bursts. The hearing sensitivity—which is generally after an aerial salute or quick succession intensity of an aerial show can be less than the in-water hearing sensitivity of loud effects; (3) usually begin amplified by increasing the number of for pinnipeds—decreases below 2 kHz, returning within a few hours of the end shells used, the pace of the barrage, and and that pinnipeds appear generally to of the display; and (4) are present on the the length of the display. be considerably less sensitive to breakwater at pre-firework numbers by Low-level devices reach a maximum airborne sounds below 10 kHz than are the following morning. The loud sound altitude of 200 ft (61 m). The acute humans. There is a dearth of bursts and pressure waves created by impact area can extend to 1 mi (1.6 km) information on acoustic effects of the exploding shells appear to cause from the center of the ignition point helicopter overflights on pinniped more wildlife disturbance than the depending on the size and flight hearing and communication illumination effects. In particular, the patterns of projectiles, maximum (Richardson et al., 1995) and to our percussive aerial salute shells have been altitude of projectiles, the type of knowledge, there has been no specific observed to elicit a strong flight special effects, wind direction, documentation of temporary threshold response in California sea lions in the atmospheric conditions, and local shift (TTS), let alone permanent vicinity of the impact area (within 800 structures and topography. Low-level threshold shift (PTS), in free-ranging m of the launch site). No signs of devices also produce brilliant flashes pinnipeds exposed to helicopter wildlife injury or mortality have ever and fountains of light and sparks operations during realistic field been discovered as a result of managed accompanied by small explosions, conditions. fireworks displays. It is unclear whether popping, and crackling sounds. Since

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they are lower in altitude than aerial impacts on marine mammal habitat or to this would be required only for impact shells, sound and light effects impact a the prey base for marine mammals. pile driving. The purpose of a shutdown smaller area. Low-level devices do not zone is to define an area within which Proposed Mitigation typically employ large black powder shutdown of activity would occur upon charges as do aerial shells, but are often In order to issue an IHA under sighting of a marine mammal (or in used in large numbers in concert with Section 101(a)(5)(D) of the MMPA, anticipation of an animal entering the one another and in rapid succession, NMFS must set forth the permissible defined area), thus preventing injury, producing intense localized effects. methods of taking pursuant to such serious injury, or death of marine Regular rocket launches at VAFB, activity, and other means of effecting mammals. During all impact pile which produce sound and light the least practicable adverse impact on driving, the Port would establish a somewhat similar to that produced by such species or stock and its habitat, conservative shutdown zone of 10 m fireworks, do not appear to have had paying particular attention to rookeries, radius around each pile to avoid long-term effects on the harbor seal mating grounds, and areas of similar exposure of marine mammals to sound population there. The total population significance, and on the availability of levels that could potentially cause of harbor seals at VAFB has been such species or stock for taking for injury. The shutdown zone would be estimated to be increasing at an annual certain subsistence uses. monitored during all impact pile rate of 12.6 percent, despite five to Estimated distances to various sound driving. seven space vehicle launches per year. thresholds were described previously Disturbance Zones—For all pile Thus, there appear to be only short-term under ‘‘Sound Thresholds,’’ and would driving and removal activities, a disturbance effects to harbor seals as a be used to establish zones of influence disturbance zone would be established. result of launch noise (SRS (ZOIs) (described in following sections) Disturbance zones are typically defined Technologies, 2001). Harbor seals will to be used as mitigation measures for as the area in which SPLs equal or temporarily leave their haul-out when pile driving activities. ZOIs are often exceed 160 or 120 dB rms (for impact exposed to launch noise; however, they used to effectively represent the and vibratory pile driving, respectively). generally return to the haul-out within mitigation zone that would be Disturbance zones provide utility for one hour. established around each pile to prevent monitoring conducted for mitigation Level A harassment of marine Based on the available information, purposes (i.e., shutdown zone mammals. In addition to the specific any pinnipeds in the vicinity of these monitoring) by establishing monitoring measures described later, ACEA and the activities are only anticipated to have protocols for areas adjacent to the Port would employ the following short-term behavioral reactions to the shutdown zones. Monitoring of general mitigation measures: helicopter flying overhead or to disturbance zones enables MMOs to be • All work would be performed fireworks displays. Those animals that aware of and communicate the presence according to the requirements and do flee the haul-out would be of marine mammals in the project area conditions of the regulatory permits anticipated to return shortly after the but outside the shutdown zone and thus issued by federal, state, and local helicopter leaves the area or within prepare for potential shutdowns of governments. activity. However, the primary purpose hours of the fireworks display. • Briefings would be conducted of disturbance zone monitoring is for Harassment as a result of exceedance of between the project construction documenting incidents of Level B sound thresholds is likely not possible, supervisors and crew and marine harassment; disturbance zone as the distance between helicopters or mammal observer(s) (MMO) as monitoring is discussed in greater detail fireworks displays and the Pier 39 haul- necessary prior to the start of all pile- later (see Proposed Monitoring and out would preclude such effects; in driving activity, and when new Reporting). Disturbance zones would be addition, if for some reason an animal personnel join the work, to explain established with 50 m radius for impact were hauled out closer to the fireworks responsibilities, communication pile driving and 1,000 m radius for display it would likely flee before the procedures, marine mammal monitoring vibratory pile driving; these zones loudest effects were discharged. On the protocol, and operational procedures. basis of the preceding discussion, we • Contractors for construction work would subsume the calculated have preliminarily determined that would comply with all applicable disturbance zones for harassment from potential impacts to marine mammals equipment sound standards and ensure airborne sound. would consist of no more than that all construction equipment has Monitoring Protocols—The shutdown behavioral harassment of limited sound control devices no less effective and disturbance zones would be duration and limited intensity (i.e., than those provided on the original monitored throughout the time required temporary flushing at most). equipment (i.e., equipment may not to drive a pile. If a marine mammal is observed within the disturbance zone, a Anticipated Effects on Habitat have been modified in such a way that it is louder than it was initially). take would be recorded and behaviors No permanent detrimental impacts to • Only one impact pile driver may be documented. However, that pile marine mammal habitat are expected to operated simultaneously. segment would be completed without result from the proposed activities. Pile • For impact driving of timber piles, cessation, unless the animal approaches driving may impact prey species and a cushion block or similar device would or enters the shutdown zone, at which marine mammals by causing temporary be used for sound attenuation at all point all pile driving activities would be avoidance or abandonment of the times. halted. Impact driving would only occur immediate area. Site conditions are during daylight hours. If the shutdown expected to be substantively unchanged Monitoring and Shutdown zone is obscured by fog or poor lighting from existing conditions. In addition, Shutdown Zones—For all pile driving conditions, pile driving would not be local habitat as it exists is significantly and removal activities, a shutdown zone initiated until the entire shutdown zone degraded as a result of the history of (defined as, at minimum, the area in is visible. Work that has been initiated urban and industrial activity. Overall, which SPLs equal or exceed 180 dB appropriately in conditions of good the proposed activity is not expected to rms) would be established when visibility may continue during poor cause significant or long-term adverse applicable. For the proposed activity, visibility.

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The shutdown zone would be operation to provide for personal safety Water and Air Traffic Plan. The project monitored for the presence of marine during observations. sponsors would be responsible for mammals before, during, and after any • Writing skills sufficient to prepare a coordinating with the FAA to ensure pile driving activity. The shutdown report of observations including but not compliance with flight regulations and zone would be monitored for 30 limited to the number and species of to enforce the flight restrictions minutes prior to initiating the start of marine mammals observed; dates and identified in the Plan to protect marine pile driving. If marine mammals are times when in-water construction mammals. Helicopters would descend/ present within the shutdown zone prior activities were conducted; dates and ascend vertically for landing and take- to pile driving, the start of pile driving times when in-water construction off at the helipad on Treasure Island. would be delayed until the animals activities were suspended to avoid Helicopters would not skim the surface leave the shutdown zone of their own potential incidental injury from of water (i.e., flight no lower than 100 volition, or until 15 minutes elapse construction sound of marine mammals ft) during the race events nor during without resighting the animal(s). The observed within a defined shutdown landing and takeoff operations. In shutdown zone would also be zone; and marine mammal behavior. addition, race-related helicopters would monitored throughout the time required • Ability to communicate orally, by maintain a buffer of at least 1,000 ft to drive a pile. If a marine mammal is radio or in person, with project (vertically and horizontally) around observed approaching or entering the personnel to provide real-time Alcatraz Island and Crissy Beach shutdown zone, piling operations would information on marine mammals Wildlife Protection Area, would avoid be discontinued until the animal has observed in the area as necessary. direct overflights of the Pier 39 haul-out, and would maintain the restriction on moved outside of the shutdown zone. Ramp-Up Pile driving would resume only after the flight below 100 ft in the vicinity of Pier animal is determined to have moved The objective of a ramp-up is to alert 39 where sea lions are known to haul outside the shutdown zone by a any animals close to the activity and out. qualified observer or after 15 minutes allow them time to move away, which Any fireworks displays would be have elapsed since the last sighting of would expose fewer animals to loud limited in terms of frequency and the animal within the shutdown zone. sounds, including both underwater and location as necessary to protect marine Monitoring would be conducted using above water sound. This procedure also mammals. There would be no more than binoculars and the naked eye. When ensures that any marine mammals four events, two up to 30 minutes and possible, digital video or still cameras missed during shutdown zone two up to 45 minutes in duration in would also be used to document the monitoring would move away from the 2013. The fireworks barge would be in behavior and response of marine activity and not be injured. The a similar location to and of the same mammals to construction activities or following ramp-up procedures would be noise intensity as the annual 4th of July other disturbances. Each observer would used for in-water pile installation: fireworks display conducted by the City • A ramp-up technique would be have a radio or cell phone for contact of San Francisco. These fireworks used at the beginning of each day’s in- displays would be regulated through the with other monitors or work crews. water pile driving activities or if pile USCG Marine Event Permit process. Observers would implement shutdown driving has ceased for more than 30 NMFS has carefully evaluated the or delay procedures when applicable by minutes. applicant’s mitigation measures as calling for the shutdown to the hammer • If a vibratory driver is used, proposed and considered their operator. A GPS unit or electric range contractors would be required to initiate effectiveness in past implementation to finder would be used for determining sound from vibratory hammers for 15 preliminarily determine whether they the observation location and distance to seconds at reduced energy followed by are likely to effect the least practicable marine mammals, boats, and a 30-second waiting period. The adverse impact on the affected marine construction equipment. procedure would be repeated two mammal species and stocks and their Monitoring would be conducted by additional times before full energy may habitat. Our evaluation of potential qualified observers. In order to be be achieved. measures includes consideration of the considered qualified, observers must • For impact driving, contractors following factors in relation to one meet the following criteria: would be required to conduct soft start another: (1) The manner in which, and • Visual acuity in both eyes if the technique is feasible given the the degree to which, the successful (correction is permissible) sufficient for hammer type. Soft start would be implementation of the measure is discernment of moving targets at the conducted to provide an initial set of expected to minimize adverse impacts water’s surface with ability to estimate strikes from the impact hammer at to marine mammals, (2) the proven or target size and distance; use of reduced energy, followed by a 30- likely efficacy of the specific measure to binoculars may be necessary to correctly second waiting period, then two minimize adverse impacts as planned; identify the target. subsequent sets. The reduced energy of (3) the practicability of the measure for • Advanced education in biological an individual hammer cannot be applicant implementation, including science, wildlife management, quantified because they vary by consideration of personnel safety, and mammalogy, or related fields (bachelor’s individual drivers. Also, the number of practicality of implementation. degree or higher is required). strikes would vary at reduced energy Injury, serious injury, or mortality to • Experience and ability to conduct because raising the hammer at less than marine mammals is extremely unlikely field observations and collect data full power and then releasing it results to result from the proposed activities according to assigned protocols (this in the hammer ‘‘bouncing’’ as it strikes even in the absence of any mitigation may include academic experience). the pile, resulting in multiple ‘strikes’. measures. However, in cooperation with • Experience or training in the field the applicants, we have proposed the identification of marine mammals, Helicopter Operations and Fireworks described mitigation measures to reduce including the identification of Displays even further the probability of such behaviors. Approved flight patterns for AC34 events occurring and to reduce the • Sufficient training, orientation, or contracted and race-affiliated number of potential behavioral experience with the construction helicopters would be detailed in the harassments to the level of least

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practicable impact. NMFS has document marine mammal behavior and research studies, when correcting for preliminarily determined that the incidents of Level B harassment. effort, the applicants and NMFS would proposed mitigation measures provide Monitoring protocols were described in be able to adequately determine the the means of effecting the least greater detail under Proposed number of animals taken and impacts of practicable adverse impacts on marine Mitigation. The marine mammal the project on marine mammals based mammal species or stocks and their monitoring plan would be implemented, on the proposed monitoring plan. As habitat. requiring collection of sighting data for noted previously, in the event of more each marine mammal observed during intense reactions or greater numbers of Proposed Monitoring and Reporting the proposed activities for which take than anticipated, the applicants In order to issue an ITA for an monitoring is required, including all would temporarily stop activity and activity, Section 101(a)(5)(D) of the impact pile driving and a subset of consult with NMFS. However, based on MMPA states that NMFS must set forth vibratory pile driving. Disturbance the nature of the activity and the local ‘‘requirements pertaining to the zones, briefly described previously context (i.e., a heavily urbanized area monitoring and reporting of such under Proposed Mitigation, are with animals that are likely habituated taking’’. The MMPA implementing discussed in greater depth here. to a loud environment and high levels regulations at 50 CFR 216 indicate that Disturbance Zone Monitoring— of activity), we do not believe that requests for IHAs must include the Disturbance zones, described previously animals would display significant suggested means of accomplishing the in Proposed Mitigation, are defined as adverse reactions to sound levels above necessary monitoring and reporting that 50 m radius for impact pile driving and background. will result in increased knowledge of 1,000 m radius for vibratory pile The monitoring biologists would the species and of the level of taking or driving. Monitoring of disturbance document all marine mammals observed impacts on populations of marine zones would be implemented as in the monitoring area. Data collection mammals that are expected to be described previously in Proposed would include a count of all marine present. Mitigation. All impact pile driving mammals observed by species, sex, age The applicants proposed a marine would be monitored according to class, their location within or in relation mammal monitoring plan, which may described protocols. For vibratory to the zone, and their reaction (if any) be modified or supplemented based on driving, the first two days of to construction activities, including comments or new information received representative pile driving activity at direction of movement, and type of during the public comment period. All each specific location, when the construction that is occurring, time that methods identified herein have been contractors are mobilizing and starting pile driving begins and ends, any developed through coordination use of the vibratory hammer, would be acoustic or visual disturbance, and time between NMFS and the applicants, and monitored in order to validate estimates of the observation. Environmental are based on the parties’ professional of incidental take and to record conditions such as wind speed, wind judgment supported by their collective behavioral reactions, if any, of marine direction, visibility, and temperature knowledge of marine mammal behavior, mammals present in the vicinity. would also be recorded. No monitoring site conditions, and proposed project Additional monitoring, to be decided would be conducted during inclement activities. Any modifications to this when the schedule of work is provided weather that creates potentially protocol would be coordinated with by the contractor, would be conducted hazardous conditions, as determined by NMFS. A summary of the plan, as well as necessary in each specific location the biologist, nor would monitoring be as the proposed reporting requirements, such that a minimum of one-third of the conducted when visibility is is contained here. total pile driving days at each location significantly limited, such as during The intent of the monitoring plan is are monitored. These additional days heavy rain or fog. During these times of to: may be scheduled at the discretion of inclement weather, impact pile driving • Comply with the requirements of the applicant, but shall include any would be halted; these activities would the MMPA; days of heightened activity (if they not commence until monitoring has • Avoid injury to marine mammals occur) or would be representative of started for the day. through visual monitoring of identified typical levels of activity. It is not Helicopter Operations and Fireworks shutdown zones and shutdown of possible for NMFS to define a ‘‘typical’’ Displays—In order to estimate levels of activities when animals enter or day of pile driving activity. Should it take incidental to these activities and to approach those zones; and become apparent that greater than better understand pinniped sensitivity • To the extent possible, record the anticipated numbers of animals are to disturbance from overflights and number, species, and behavior of marine being harassed, or that animals are fireworks displays, the applicants mammals in disturbance zones for displaying behavioral reactions of would conduct monitoring as described proposed activities. greater than anticipated intensity, we here. For helicopter operations, at least As described previously, monitoring may require the applicants to expand one monitor would conduct for marine mammals during pile driving the monitoring program. observations at the California sea lion would be conducted in specific zones We considered but rejected an haul-out at Pier 39 (the only established established to avoid or minimize effects expanded monitoring plan that would haul-out within the project area) during of elevated levels of sound created by require the applicants to conduct a subset of helicopter operations days. the specified activities. Shutdown and monitoring as described but for every Monitoring would be conducted for the disturbance zones would correspond to day of vibratory pile driving. NMFS first five days on which helicopter the distances described previously in does not believe that monitoring need operations occur in order to confirm this document. be conducted at all times during this assumptions regarding the degree to low-level activity as there is no which pinnipeds may be disturbed by Visual Monitoring potential for injury, serious injury, or such operations. If pinnipeds are being The established shutdown and mortality and the probability of an disturbed by helicopter operations to a disturbance zones would be monitored animal being physically injured from degree similar to that assumed here (see by qualified marine mammal observers the equipment is extremely low if not Estimated Take by Incidental for mitigation purposes, as well as to discountable. Similar to scientific Harassment), the applicants shall

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monitor on additional days, determined at Pier 39. The pre-event census, would be conducted to record injured or by the applicants and contractors, conducted in order to estimate the dead marine mammals, if any. totaling at least one-third of total number of marine mammals that may be During monitoring at the Pier 39 haul- helicopter operations days. If pinnipeds harassed by displays, would occur as out—during helicopter overflights or at Pier 39 are not being disturbed, or are close to the actual display time as fireworks displays—monitors would being disturbed to a much lesser degree possible, would be conducted for no note pinniped disturbance according to than what is assumed here, the less than 30 minutes, and would applicants may cease monitoring after a three-point scale indicating severity of describe all observed marine mammals. behavioral reaction, as shown in Table the initial five days. However, only hauled-out pinnipeds For fireworks displays, the applicants 3. The time, source, and duration of the observed in the area during the pre- would conduct a pre- and post-event disturbance, as well as an estimated census of marine mammals within the event census, if any, would be assumed distance between the source and haul- acute fireworks impact area (the area to be incidentally harassed by the out, would be recorded. Only responses where sound, light, and debris effects display. Post-event monitoring in the falling into Levels 2 and 3 would be may have direct impacts on marine acute fireworks impact area, to occur no considered as harassment under the organisms and habitats) and would also later than the morning following the MMPA, under the terms of this monitor the California sea lion haul-out display and for no less than 30 minutes, proposed IHA.

TABLE 3—PINNIPED RESPONSE TO DISTURBANCE

Type of Level response Definition

1 ...... Alert ...... Head orientation in response to disturbance. This may include turning head towards the disturbance, cran- ing head and neck while holding the body rigid in a u-shaped position, or changing from a lying to a sit- ting position. May include slight movement of less than 1 m. 2 ...... Movement ...... Movements in response to or away from disturbance, typically over short distances (1–3 m). 3 ...... Flight ...... All flushes to the water as well as lengthier retreats (>3 m).

All monitoring personnel must have responses to the proposed activities by Estimated Take by Incidental appropriate qualifications as identified marine mammals, including marine Harassment previously, with qualifications to be mammal observations pre-, during-, and certified by ACEA and the Port (see post-activity for pile driving monitoring. ACEA and the Port have requested, Proposed Mitigation). These At a minimum, the report would and we are proposing, authorization to qualifications include education and include: take harbor seals, California sea lions, experience identifying marine mammals • Specifics of the activity: Date, time, northern elephant seals, and harbor that may occur in the Bay and the and location; observation conditions porpoises, by Level B harassment only, ability to understand and document (e.g., sea state, tide state, percent cover, incidental to the proposed activities. marine mammal behavior. All visibility); pile driving activity Pile driving activities are expected to monitoring personnel would meet at specifications (e.g., size and type of incidentally harass marine mammals least once for a training session piles, hammer specifications and sound through the introduction of underwater sponsored by the applicants. Topics attenuation device specifications); • and/or airborne sound to the would include: implementation of the Discussion of incidental take, environment, while helicopter including (1) records of all observed protocol, identification of marine operations and fireworks displays have incidental take events; (2) for vibratory mammals, and reporting requirements. the potential to harass pinnipeds pile driving, the total estimated amount All monitoring personnel would be of incidental take based on through some combination of acoustic provided a copy of the IHA. Monitoring extrapolation of observed take; and (3) and visual stimuli. Based on the nature personnel must read and understand the estimates of take for helicopter of the activities and the mitigation contents of the IHA as they relate to operations and fireworks displays. measures proposed for implementation, coordination, communication, and • Description of observed marine no take by injury, serious injury, or identification and reporting incidental mammal behavior, including mortality is anticipated or proposed for harassment of marine mammals. correlations of observed behavior to authorization. Estimates of the number Reporting activity, including distance to pile being of animals that may be harassed by the driven or other source of disturbance; proposed activities is based upon the The applicants are required to submit and discussion of sensitivity of hauled- number of animals believed to a report on all activities and marine out pinnipeds to helicopter overflights potentially be present within relevant mammal monitoring results to the Office and/or fireworks displays as described areas at the time a given activity is of Protected Resources, NMFS, and the previously. conducted. Tables 4 details the total Southwest Regional Administrator, • Discussion of mitigation, including number of estimated takes. In summary, NMFS, 90 days prior to the desired date description of any actions performed to we propose to authorize the incidental of validity for any subsequent IHA, or minimize impacts to marine mammals; take, by Level B harassment only, of within 90 days of the expiration of the and times when pile driving is stopped IHA, whichever comes first. A final or delayed due to presence of marine 14,063 California sea lions, 686 harbor report would be prepared and submitted mammals within shutdown zones and seals, 63 harbor porpoises, and two to NMFS within 30 days following time when pile driving resumes. elephant seals. These take events would receipt of NMFS’ comments on the draft • Any recommendations for likely represent multiple takes of report. The report would provide improving efficacy and efficiency of individuals, rather than each event descriptions of any observed behavioral monitoring and/or mitigation. being of a new individual.

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TABLE 4—INCIDENTAL TAKE ESTIMATES

Helicopter Fireworks Species Pile driving operations displays

California sea lion ...... Individuals/day ...... 1 250 250 Total # days ...... 63 52 4 Total take estimate ...... 63 13,000 1,000 Harbor seal ...... Individuals/day ...... 2 10 10 Total # days ...... 63 52 4 Total take estimate ...... 126 520 40 Harbor porpoise ...... Individuals/day ...... 1 n/a n/a Total # days ...... 63 n/a n/a Total take estimate ...... 63 n/a n/a

Elephant seal ...... Total request of two individuals for all activities.

Pile Driving estimates of marine mammal Helicopter Operations and Fireworks California sea lions and harbor seals abundance. More recent monitoring was Displays may use the waters adjacent to the San conducted during construction Incidental take resulting from Francisco waterfront for foraging or for associated with the Exploratorium, helicopter overflights and/or fireworks daily movement between foraging and located at Piers 15 and 17 at the San displays would likely be limited to haul out locations, and observations Francisco waterfront. During vibratory California sea lions and harbor seals have been made at various locations pile driving only, monitoring was occurring within the immediate vicinity along the San Francisco waterfront. The conducted on 25 days from January 10– of a helicopter flight patterns or California sea lion haul-out at Pier 39 is July 29, 2011, to a distance of fireworks displays. Specifically, approximately 800–1,000 m from the approximately 2,000 m from the pile California sea lions present at Pier 39 nearest vibratory driving location— driving location. On those 25 days, the would likely be subject to incidental although sound would be attenuated by only species observed were the harassment, although there is the at least three major piers between, as California sea lion and the harbor seal. potential for harbor seals to be hauled- well as the curvature of the waterfront Harbor seals were observed on 9 of 25 out within range of stimuli that may shoreline—and is approximately 1.6 km days, while California sea lions were cause harassment. from Pier 19, where impact pile driving observed on 8 of 25 days. Sightings data Estimates of the number of California would occur. As previously described, provide rates of 0.52 and 0.68 animals sea lions that could be harassed by the nearest known haul out site for observed per monitoring day for harbor helicopter operations and/or fireworks harbor seals is at YBI. Vibratory driving seals and California sea lions, displays are based on information from locations range approximately 2.4–6.8 respectively. the Pier 39 haul-out. California sea lion km from the haul-out, while Pier 19, During monitoring of the SFOBB usage of Pier 39 is a relatively recent where impact driving of timber piles project over 22 days, abundance phenomenon. The first individuals were would occur, is more than 3.2 km estimates of 1.5 seals per day and 0.09 observed during the winter of 1989–90, distant from the haul-out. Proposed sea lions per day were recorded. Due to however, by the next year the numbers fireworks displays would be the relative tranquility of YBI and the reached an average 500 per day (Goals approximately 1.6–3.2 km from Pier 39 presence of a harbor seal haul-out, the Project, 2000), with a maximum and 3.2–4.8 km from YBI, depending on estimate for harbor seals is likely higher recorded observation of approximately the final selected location. No proposed than would be found for the San 800 individuals. Since the early 1990s, activities would be expected to affect Francisco waterfront. However, as peak numbers during winter have animals at the YBI haul-out. While it is confirmed by information from the declined and now average about 200– possible that harbor porpoises could Exploratorium monitoring effort, the 300 animals per day. In order to occur in the vicinity of the waterfront, estimate for California sea lions is likely estimate incidental take, a conservative sightings greater than approximately lower, given that greater numbers of that estimate of 500 animals present per day 800 m inside the Golden Gate Bridge are species may be encountered transiting was considered. Observations of infrequent (NMFS, 2009) and the harbor to and from the Pier 39 haul-out. pinniped response to the presence of porpoise is considered uncommon in The applicants propose conservative humans on foot in the Channel Islands the vicinity of the San Francisco estimates of two harbor seals per day— indicated that the proportion of waterfront. a slight increase from the SFOBB data— California sea lions that are behaviorally The most comprehensive monitoring and one California sea lion per day, a harassed is approximately fifty percent data available was collected by Caltrans slight increase from the Exploratorium (77 FR 12246), although this is likely for the SFOBB project; these data observations. The Caltrans SFOBB conservative, given that the animals at represent the best available information monitoring reported one observed Pier 39 are more habituated to stimuli for approximating local abundance of harbor porpoise in the vicinity of YBI. than those in more remote locations. these species. The SFOBB monitoring This is the only available information Estimates of the number of harbor seal site was located in the vicinity of the for harbor porpoise and provides an that may be present during helicopter YBI haul-out, whereas most of the sites extremely conservative estimate of one operations and/or fireworks displays are where construction or race activities harbor porpoise per day of activity. based on local observations reported by would occur are in areas of high Based on estimated pile driving the applicants—no other upon which to commercial shipping and boat activity. production rates, a maximum of 63 days base the estimate is known to us or to Therefore, SFOBB monitoring data may is anticipated for pile driving under this the applicants. Anecdotal information be expected to provide conservative proposed IHA. from monitoring of fleet week, National

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Park Service staff observations, and injuries (if any); (3) the number, nature, populations of California sea lions and local sailors reported observations of intensity, and duration of Level B northern elephant seals in California are anywhere from 10–15 seals per day harassment; and (4) the context in also considered healthy, and recent while out on the water. Therefore, in an which the take occurs. information suggests that the harbor extremely conservative estimation, we Although the proposed activities may porpoise may be expanding its range on assume that ten animals per day may be harass marine mammals present in the the west coast. No injury, serious injury, hauled-out in locations along the action area, impacts are largely or mortality is anticipated, nor is the waterfront and that all animals would occurring to a localized group of proposed action likely to result in long- be harassed. The previously mentioned animals (i.e., the California sea lions term impacts such as permanent Channel Islands observations indicate present in the vicinity of Pier 39 and abandonment of the Pier 39 haul-out or that approximately 75 percent of harbor seals from YBI that may be a permanent reduction in presence in animals are harassed by a given stimuli, present at the San Francisco waterfront). San Francisco Bay. No impacts are but it is likely that all animals would Further, any incidents of harassment expected at the population or stock flush in this context. would be occurring to animals that are level. habituated to a high level of Elephant Seals Based on the foregoing analysis, surrounding human activity, including behavioral disturbance to marine As stated previously, elephant seals both urban and industrial activity, and mammals in the Bay would be of low breed between December and March to an already loud environment. intensity and limited duration. To and have been rarely sighted in the Bay. Monitoring associated with the ensure minimal disturbance, the However, regular, if infrequent, Exploratorium project resulted in no applicants would implement the sightings of juveniles have been made in observations of discernible reactions to mitigation measures described recent years at Crissy Field beach. vibratory pile driving or any other work previously, which we have Therefore, it is possible that an elephant activity, although animals were preliminarily determined would serve seal could occur within areas that are observed as close as 12 m from pile as the means for effecting the least ensonified above levels that NMFS driving. No avoidance behavior was practicable adverse impact on the considers to result in Level B observed, including even basic reactions relevant marine mammal stocks or harassment. Although possible, it is such as head alerts. Both sea lions and populations and their habitat. We unlikely that elephant seals would be harbor seals appeared to use the preliminarily find that the proposed harassed; however, in order to be waterfront for travelling along a rough activities would result in the incidental precautionary the applicants have north-south course. Travel was typically take of small numbers of marine requested authorization for incidental slow, although some fast traveling mammals, and that the requested take of two elephant seals over the life (indicating by porpoising) by sea lions number of takes would have no more of the proposed IHA and we propose to was noted. A few individuals of both than a negligible impact on the affected authorize that take. There is no species were also observed resting at the species and stocks. information upon which to base a surface. Frequent commercial and quantitative estimate of potential take; recreational vessel traffic was Impact on Availability of Affected therefore, take is estimated on the basis consistently observed on all monitoring Species for Taking for Subsistence Uses of the few individuals observed at days, and observed animals were There are no relevant subsistence uses Crissy Field beach. reported as appearing habituated to of marine mammals implicated by this It is not anticipated that elephant such traffic. action. seals would be harassed by helicopter The proposed number of animals operations and/or fireworks displays taken for each species can be considered Endangered Species Act (ESA) because (1) elephant seals have been small relative to the population size. There are no ESA-listed marine observed, during the aforementioned There are an estimated 34,233 harbor mammals found in the action area; Channel Island monitoring, to display seals in the California stock, 238,000 therefore, no consultation under the behavioral reactions to potentially California sea lions, 9,189 harbor ESA is required. harassing stimuli less than one percent porpoises, and 124,000 northern of the time; (2) Crissy Field beach is elephant seals in the California breeding National Environmental Policy Act over 4 km distant from the nearest population. Based on the best available (NEPA) potential fireworks display location; and information, NMFS is proposing to In compliance with the National (3) helicopters would avoid Crissy Field authorize take, by Level B harassment Environmental Policy Act of 1969 (42 beach by 1,000 ft in response to only, of 14,063 California sea lions, 686 U.S.C. 4321 et seq.), as implemented by concerns about sensitive avian species. harbor seals, 63 harbor porpoises, and the regulations published by the two northern elephant seals, Council on Environmental Quality (40 Negligible Impact and Small Numbers representing 5.9, 2.0, 0.7, and 0.002 CFR parts 1500–1508), and NOAA Analysis and Determination percent of the populations, respectively. Administrative Order 216–6, we are NMFS has defined ‘‘negligible However, this represents an preparing an Environmental Assessment impact’’ in 50 CFR 216.103 as ‘‘* * * an overestimate of the number of (EA) to consider the direct, indirect and impact resulting from the specified individuals harassed over the duration cumulative effects to the human activity that cannot be reasonably of the proposed IHA, because these environment resulting from issuance of expected to, and is not reasonably likely totals represent much smaller numbers a proposed IHA to ACEA and the Port to, adversely affect the species or stock of individuals that may be harassed for the specified activities. through effects on annual rates of multiple times. No stocks known from recruitment or survival.’’ In making a the action area are listed as threatened Proposed Authorization negligible impact determination, NMFS or endangered under the ESA or As a result of these preliminary considers a variety of factors, including determined to be depleted or considered determinations, we propose to authorize but not limited to: (1) The number of strategic under the MMPA. Recent data the take of marine mammals incidental anticipated mortalities (if any); (2) the suggests that harbor seal populations to the proposed activities, provided the number and nature of anticipated have reached carrying capacity, previously mentioned mitigation,

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monitoring, and reporting requirements furnish the products and services to the Steel Head, Industrial Grade, 62″ are incorporated. Government. Fiberglass Handle, Cushioned-Grip NSN: 3750–00–NIB–0007—Hoe, Mortar, Dated: May 25, 2012. 2. If approved, the action will result ″ in authorizing small entities to furnish Steel Head, Industrial Grade, 62 Frederick C. Sutter III, Fiberglass Handle, Cushioned-Grip the products and services to the Acting Deputy Director, Office of Protected NSN: 3750–00–NIB–0008—Hoe, Garden, Government. ″ Resources, National Marine Fisheries Service. Steel Head, Industrial Grade, 57 3. There are no known regulatory Fiberglass Handle, Cushioned-Grip [FR Doc. 2012–13327 Filed 5–31–12; 8:45 am] alternatives which would accomplish NSN: 5110–00–NIB–0036—Scraper, Ice/ BILLING CODE 3510–22–P the objectives of the Javits-Wagner- Floor, Steel Head, Industrial Grade, 49″ O’Day Act (41 U.S.C. 8501–8506) in Fiberglass Handle, Cushioned-Grip NSN: 3895–00–NIB–0001—Tamper, Cast Iron connection with the products and ″ COMMITTEE FOR PURCHASE FROM services proposed for addition to the Head, Industrial Grade, 42 Fiberglass Handle, Cushioned-Grip PEOPLE WHO ARE BLIND OR Procurement List. SEVERELY DISABLED NSN: 3895–00–NIB–0002—Asphalt Lute, Comments on this certification are Aluminum Head, Industrial Grade, 67″ invited. Commenters should identify the Procurement List; Proposed Additions Fiberglass Handle, Cushion-Grip statement(s) underlying the certification NPA: Keystone Vocational Services, Inc., AGENCY: Committee for Purchase From on which they are providing additional Sharon, PA People Who Are Blind or Severely information. Contracting Activity: General Services Disabled. Administration, Kansas City, MO End of Certification Coverage: B-List for the Broad Government ACTION: Proposed Additions to the The following products and services Requirement as aggregated by the Procurement List. are proposed for addition to the General Services Administration. SUMMARY: The Committee is proposing Procurement List for production by the Binder, Loose-Leaf to add products and services to the nonprofit agencies listed: NSN: 7510–01–392–5283–3 D-Ring, No ″ Procurement List that will be furnished Products Overlay, Black, 5 by nonprofit agencies employing NSN: 7510–01–495–0696—Slant 3 D-Ring ″ persons who are blind or have other Tools, Digging, Fiberglass Handle with Overlay, White, 4 severe disabilities. NSN: 5120–00–NIB–0014—Shovel, Round NPA: South Texas Lighthouse for the Blind, Point, Closed Back, Industrial Grade, 48″ Corpus Christi, TX Comments Must be Received on or Contracting Activity: General Services Before: 7/2/2012. Fiberglass Handle, Cushioned Grip NSN: 5120–00–NIB–0015—Shovel, Round Administration, New York, NY ADDRESSES: Committee for Purchase Point, Open Back, Industrial Grade, 48″ Coverage: A-List for the Total Government From People Who Are Blind or Severely Fiberglass Handle, Cushioned Grip Requirement as aggregated by the Disabled, Jefferson Plaza 2, Suite 10800, NSN: 5120–00–NIB–0016—Shovel, Round General Services Administration. 1421 Jefferson Davis Highway, Point, Open Back, Industrial Grade, 29″ Blank Media Discs, DVD–R Fiberglass Handle, D-grip Arlington, Virginia 22202–3259. NSN: 7045–00–NIB–0392—Thermal NSN: 5120–00–NIB–0017—Shovel, Square FOR FURTHER INFORMATION OR TO SUBMIT Printable, Silver, 8x Speed, 120Min/ Point, Open Back, Industrial Grade, 48″ COMMENTS CONTACT: Barry S. Lineback, 4.7GB, 100 PK Fiberglass Handle, Cushioned Grip NPA: North Central Sight Services, Inc., Telephone: (703) 603–7740, Fax: (703) NSN: 5120–00–NIB–0018—Shovel, Square Williamsport, PA 603–0655, or email Point, Open Back, Industrial Grade, 29″ [email protected]. Contracting Activity: General Services Fiberglass Handle, D-grip Administration, New York, NY SUPPLEMENTARY INFORMATION: This NSN: 5120–00–NIB–0019—Shovel, General Coverage: A-List for the Total Government Purpose, Steel Scoop, Industrial Grade, notice is published pursuant to 41 ″ Requirement as aggregated by the 48 Fiberglass Handle, Cushioned Grip General Services Administration. U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its NSN: 5120–00–NIB–0020—Shovel, General purpose is to provide interested persons Purpose, Steel Scoop, Industrial Grade, Padlock Sets, Solid Case ″ an opportunity to submit comments on 29 Fiberglass Handle, D-grip NSN: 5340–01–588–1819—1.5″ Wide Brass, the proposed actions. NSN: 5120–00–NIB–0021—Shovel, Grain, Keyed Differently, w/Chain, EA Aluminum Scoop, Industrial Grade, 51″ ″ Additions NSN: 5340–01–588–1010—1.75 Wide Steel, Fiberglass Handle, Cushioned Grip Keyed Differently, w/Chain, EA If the Committee approves the NSN: 5120–00–NIB–0022—Shovel, Grain, NSN: 5340–01–588–1036—1.75″ Wide Steel, proposed additions, the entities of the Aluminum Scoop, Industrial grade, 29″ Keyed Differently, No Chain, EA Federal Government identified in this Fiberglass Handle, D-grip NSN: 5340–01–588–1676—1.5″ Wide Brass, 3 notice will be required to procure the NSN: 5120–00–NIB–0023—Shovel, Grain, Keys, Keyed Alike, w/Chain, 5/SE ABS Scoop, Industrial Grade, 51″ Coverage: A-List for the Total Government products and services listed below from Fiberglass Handle, Cushioned Grip nonprofit agencies employing persons Requirement, as aggregated by the NSN: 5120–00–NIB–0024—Shovel, Grain, Defense Logistics Agency Troop Support, who are blind or have other severe ABS Scoop, Industrial Grade, 29″ Philadelphia, PA. disabilities. Fiberglass Handle, D–Grip NSN: 5340–00–NIB–0123–1.75″ Wide Steel, NSN: 5120–00–NIB–0025—Shovel, Snow, Regulatory Flexibility Act Certification Keyed Differently, w/Chain, 6/SE ABS Scoop, Industrial Grade, 40″ NSN: 5340–01–588–1863–1.5″ Wide Brass, I certify that the following action will Fiberglass Handle, D-grip Keyed Differently, 3″ Extra Long Shackle, not have a significant impact on a NSN: 5120–00–NIB–0026—Shovel, Snow w/Chain, EA substantial number of small entities. Pusher, ABS Scoop, Industrial Grade, NSN: 5340–01–588–1709–1.5″ Wide Brass, ″ ″ The major factors considered for this 40 Fiberglass Handle, D-grip Keyed Differently, 3 Extra Long Shackle, certification were: NSN: 3750–00–NIB–0004—Rake, Bow, Leaf, No Chain, EA ABS Head, Industrial Grade, 51″ NSN: 5340–01–588–1916–1.75″ Wide Steel, 1. If approved, the action will not Fiberglass Handle, Cushioned-Grip Keyed Differently, 3″ Extra Long Shackle, result in any additional reporting, NSN: 3750–00–NIB–0005—Rake, Bow, Leaf, w/Chain, EA recordkeeping or other compliance Steel Head, Industrial Grade, 57″ NSN: 5340–01–588–1924–1.75″ Wide Brass, requirements for small entities other Fiberglass Handle, Cushioned-Grip Keyed Differently, w/Chain, EA than the small organizations that will NSN: 3750–00–NIB–0006—Rake, Flat, Leaf, NSN: 5340–01–588–1891–1.5″ Wide Brass,

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Keyed Alike, w/Chain, 5/SE Contracting Activity: General Services Medical Logistics Command (Offsite: NSN: 5340–01–588–1911–1.5″ Wide Brass, Administration, New York, NY 10440 Trenton Avenue, St. Louis, MO), Keyed Alike, 3″ X-Long Shackle, w/ Coverage: A-List for the Total Government 693 Nelman Street, Fort Detrick, MD. Chain, 5/SE Requirement as aggregated by the NPA: The Lighthouse for the Blind, St. Louis, NSN: 5340–01–588–1846–1.5″ Wide Brass, General Services Administration. MO Keyed Alike, w/Chain, 6/SE Contracting Activity: Dept of the Navy, Naval Medical Kit Items NSN: 5340–01–588–1827–1.5″ Wide Brass, Medical Logistics Command, Fort Keyed Alike, w/Chain, 10/SE NSN: 6515–01–NIB–7233—Splint, 4.25″ × Detrick, MD NSN: 5340–01–588–1831–1.5″ Wide Brass, 36″, Universal Service Type/Location: Custodial and Keyed Alike, w/Chain, 20/SE NSN: 6510–00–NIB–0300—Dressing, Chest Landscaping Service, Rome Federal NSN: 5340–01–588–1895–1.5″ Wide Brass, Seal Wound, 6″ × 8″ Building, 600 East First Street, Rome, Keyed Alike, w/Chain, 25/SE NSN: 6510–00–NIB–3325—Bandage, Gauze, GA. ″ × ″ NSN: 5340–01–588–1838–1.5″ Wide Brass, Impregnated, 3 144 NPA: Sara’s Mentoring Center, Inc., Virginia Keyed Alike, w/Chain, 30/SE NSN: 6510–00–NIB–8884—Adhesive Tape, Beach, VA ″ × ″ NSN: 5340–01–588–1841–1.5″ Wide Brass, Surgical, 3 360 Contracting Activity: General Services Keyed Alike, w/Chain, 100/SE NSN: 6515–01–NIB–7138—Scissors, Bandage Adminisration, Public Buildings Service, NSN: 5340–01–588–1905—Padlock, Solid NSN: 6532–01–NIB–6932—Blanket, Survival, Acquisition Division/Services Branch, ″ × ″ Case, 1.75″ Wide Steel, Keyed Alike, 3″ 107.25 88.35 Atlanta, GA Extra Long Shackle, w/Chain, EA NSN: 6515–01–NIB–1187—Nasal Trumpet Service Type/Location: Custodial Service, NSN: 5340–01–588–1954–1.75″ Wide Steel, NSN: 6515–01–NIB–7226—Leash, Shears, Transportation Security Administration Keyed Alike, w/Chain, 6/SE Trauma (TSA) Space, Lehigh Valley International NSN: 5340–01–588–1928–1.75″ Wide Steel, NSN: 6515–01–NIB–0635—Needle, Airport, 3311 Airport Rd., Allentown, Keyed Alike, w/Chain, 10/SE Decompression Device PA. NSN: 5340–01–588–1960–1.75″ Wide Steel, NSN: 6515–01–NIB–7976—Tourniquet, Non- NPA: Via of the Lehigh Valley, Inc., Keyed Alike, w/Chain, 24/SE pneumatic Bethlehem, PA NSN: 5340–01–588–1567–1.5″ Wide Brass, NPA: Lighthouse Central Florida, Orlando, Contracting Activity: General Services Master Keyed, w/Chain, 5/SE FL Adminisration, Public Buildings Service, NSN: 5340–01–588–1582–1.5″ Wide Brass, Contracting Activity: Defense Logistics R03 Regional contracts Support Services Master Keyed, w/Chain, 10/SE Agency Troop Support, Philadelphia, PA Section, Philadelphia, PA NSN: 5340–01–588–1091–1.5″ Wide Brass, Coverage: C-List for 100% of the requirement Service Type/Location: Custodial Service, Master Keyed, w/Chain, 20/SE of the Department of Defense, as National Oceanic and Atmospheric aggregated by the Defense Logistics NSN: 5340–01–588–1563–1.5″ Wide Brass, Administration (NOAA), National Agency Troop Support, Philadelphia, Master Keyed, w/Chain, 30/SE Weather Service, 32 Dawes Drive, PA. NSN: 5340–01–588–1044–1.75″ Wide Brass, Johnson City, NY. Master Keyed, w/Chain, 40/SE Copy Paper, 100% Recycled, Convenience NPA: Human Technologies Corporation, NSN: 5340–01–588–1063–1.5″ Wide Brass, Pack Utica, NY Master Keyed, w/Chain, 50/SE NSN: 7530–00–NIB–0890–8.5″ × 11″, Contracting Activity: Dept of Commerce, NSN: 5340–01–588–1031–1.5″ Wide Brass, Reamless 2500 Sheet National Oceanic and Atmospheric Master Keyed, w/Chain, 100/SE NSN: 7530–00–NIB–0891–8.5″ × 11″, Ream Administration, Norfolk, VA NSN: 5340–01–588–1592–1.5″ Wide Brass, Wrapped 2500 Sheet Grand Master Keyed, w/Chain, 13/SE., Barry S. Lineback, NPA: Association for Vision Rehabilitation 5–5–3 Groupings Director, Business Operations. ″ and Employment, Inc., Binghamton, NY NSN: 5340–01–588–1596–1.5 Wide Brass, Contracting Activity: General Services [FR Doc. 2012–13316 Filed 5–31–12; 8:45 am] Grand Master Keyed, w/Chain, 30/SE., Administration, New York, NY BILLING CODE 6353–01–P 15–10–5 Groupings ″ Coverage: A-List for the Total Government NSN: 5340–01–588–1652–1.5 Wide Brass, Requirement as aggregated by the Grand Master Keyed, w/Chain, 30/SE., General Services Administration. 15–5–10L Groupings COMMITTEE FOR PURCHASE FROM NSN: 5340–01–588–1657–1.5″ Wide Brass, Tray, Mess, 5 Compartment, Tan, 121⁄2″ μ PEOPLE WHO ARE BLIND OR Grand Master Keyed, w/Chain, 40/SE., 81⁄2″ SEVERELY DISABLED 15–5–20L Groupings NSN: 7350–01–411–5266 ″ Procurement List; Additions NSN: 5340–01–588–1641–1.5 Wide Brass, NPA: The Lighthouse for the Blind in New Grand Master Keyed, w/Chain, 50/SE., Orleans, Inc., New Orleans, LA AGENCY: Committee for Purchase From 20–20–10 Groupings Contracting Activity: Defense Logistics NSN: 5340–01–588–1646–1.75″ Wide Brass, People Who Are Blind or Severely Agency Troop Support, Philadelphia, PA Disabled. Grand Master Keyed, w/Chain, 55/SE., Coverage: C-List for an additional 30% of the 35–10–10L Groupings requirement of the Department of ACTION: Additions to the Procurement NSN: 5340–01–588–1664–1.75″ Wide Brass, Defense, bringing the requirement on the List. Grand Master Keyed, w/Chain, 80/SE., Procurement List to 100%, as aggregated 45–15–20L Groupings by the Defense Logistics Agency Troop SUMMARY: This action adds a product NSN: 5340–01–588–1687–1.75″ Brass, Grand Support, Philadelphia, PA. and services to the Procurement List Master Keyed, w/Chain, 80/SE., 30–30– that will be furnished by nonprofit Services 20 Groupings agencies employing persons who are Coverage: B-List for the Broad Government Service Type/Location: Fleet & Facility blind or have other severe disabilities. Requirement, as aggregated by the Maintenance, National Nuclear Security Defense Logistics Agency Troop Support, Administration (NNSA), Office of Secure DATES: Effective Date: 7/2/2012. Philadelphia, PA. Transportation (OST), Agent Operations ADDRESSES: Committee for Purchase NPA: L.C. Industries for the Blind, Inc., Eastern Command (AOEC), 9714 From People Who Are Blind or Severely Durham, NC Flannigan Loop Road, Oak Ridge, TN. Disabled, Jefferson Plaza 2, Suite 10800, Contracting Activity: Defense Logistics NPA: Skookum Educational Programs, 1421 Jefferson Davis Highway, Agency Troop Support, Philadelphia, PA Bremerton, WA Arlington, Virginia 22202–3259. Contracting Activity: Department of Energy, Pencil Sharpener, Electric, Hands Free National Nuclear Security Admn FOR FURTHER INFORMATION CONTACT: NSN: 7520–01–241–4229 Business Svcs Division, Washington, DC Barry S. Lineback, Telephone: (703) NPA: Blind Center of Nevada, Inc., Las Service Type/Location: CBRNE Kit 603–7740, Fax: (703) 603–0655, or email Vegas, NV Sustainment and Replenishment, Naval [email protected].

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SUPPLEMENTARY INFORMATION: Service Type/Location: Contractor-Operated Comments may also be submitted by Civil Engineer Supply Store (COCESS), any of the following methods: Additions 30th Civil Engineering Squadron, 1515 The agency’s Web site, at http:// On 12/2/2011 (76 FR 75536–75537), Iceland Avenue, Room 150, Vandenberg comments.cftc.gov. Follow the 1/13/2012 (77 FR 2048) and 4/6/2012 AFB, CA. instructions for submitting comments (77 FR 20795), the Committee for NPA: Industries for the Blind, Inc., West Allis, WI. through the Web site. Purchase From People Who Are Blind Contracting Activity: Dept of the Air Force, Mail: David A. Stawick, Secretary of or Severely Disabled published notices FA4610 30 CONS LGC, Vandenberg the Commission, Commodity Futures of proposed additions to the AFB, CA. Trading Commission, Three Lafayette Procurement List. Centre, 1155 21st Street NW., After consideration of the material Barry S. Lineback, Washington, DC 20581. presented to it concerning capability of Director, Business Operations. Hand Delivery/Courier: Same as mail qualified nonprofit agencies to provide [FR Doc. 2012–13317 Filed 5–31–12; 8:45 am] above. the product and services and impact of BILLING CODE 6353–01–P Federal eRulemaking Portal: http:// the additions on the current or most www.regulations.gov. Follow the recent contractors, the Committee has instructions for submitting comments. determined that the product and COMMODITY FUTURES TRADING Please submit your comments using services listed below are suitable for COMMISSION only one method and identity that it is procurement by the Federal Government for the renewal of 3038–0043. under 41 U.S.C. 8501–8506 and 41 CFR Agency Information Collection All comments must be submitted in 51–2.4. Activities; Notice of Intent To Renew English, or if not, accompanied by an Collection: Rules Relating To Review English translation. Comments will be Regulatory Flexibility Act Certification of National Futures Association posted as received to www.cftc.gov. You I certify that the following action will Decisions in Disciplinary, Membership should submit only information that not have a significant impact on a Denial, Registration, and Member you wish to make available publicly. If substantial number of small entities. Responsibility Actions you wish the Commission to consider The major factors considered for this information that you believe is exempt certification were: AGENCY: Commodity Futures Trading from disclosure under the Freedom of 1. The action will not result in any Commission. Information Act, a petition for additional reporting, recordkeeping or ACTION: Notice. confidential treatment of the exempt other compliance requirements for small information may be submitted according SUMMARY: The Commodity Futures entities other than the small to the procedures established in § 145.9 Trading Commission (CFTC) is 1 organizations that will furnish the of the Commission’s regulations. announcing an opportunity for public product and services to the Government. FOR FURTHER INFORMATION CONTACT: Gail 2. The action will result in comment on the proposed collection of Scott, Office of General Counsel, authorizing small entities to furnish the certain information by the Agency. Commodity Futures Trading product and services to the Government. Under the Paperwork Reduction Act of Commission, 1155 21st Street NW., 3. There are no known regulatory 1995 (PRA), 44 U.S.C. 3501 et seq., Washington, DC 20581, (202) 418–5139; alternatives which would accomplish Federal agencies are required to publish FAX: (202) 418–5524; email: the objectives of the Javits-Wagner- notice in the Federal Register [email protected] and refer to OMB O’Day Act (41 U.S.C. 8501–8506) in concerning each proposed collection of Control No. 3038–0043. information, including each proposed connection with the product and SUPPLEMENTARY INFORMATION: Under the services proposed for addition to the extension of an existing collection of PRA, Federal agencies must obtain Procurement List. information, and to allow 60 days for approval from the Office of Management public comment in response to the and Budget (OMB) for each collection of End of Certification notice. This notice solicits comments on information they conduct or sponsor. Accordingly, the following product rules relating to review of National ‘‘Collection of information’’ is defined and services are added to the Futures Association decisions in in 44 U.S.C. 3502(3) and 5 CFR Procurement List: disciplinary, membership denial, 1320.3(c) and includes agency requests registration, and member responsibility or requirements that members of the Product actions. public submit reports, keep records, or Product Name/NSN: Tie Down Strap, Cargo, DATES: Comments must be submitted on provide information to a third party. Vehicle, 20′×2″/3990–01–204–3009. or before July 31, 2012. Section 3506(c)(2)(A) of the PRA, 44 NPA: Cottonwood, Incorporated, Lawrence, ADDRESSES: Send comments regarding U.S.C. 3506(c)(2)(A), requires Federal KS. the burden estimated or any other agencies to provide a 60-day notice in Contracting Activity: Defense Logistics aspect of the information collection, Agency Troop Support, Philadelphia, the Federal Register concerning each PA. including suggestions for reducing the proposed collection of information, Coverage: C-List for 100% of the requirement burden, to the addresses below. Please including each proposed extension of an of the Department of Defense, as refer to OMB Control No. 3038–0043 in existing collection of information, aggregated by the Defense Logistics any correspondence. Comments may be before submitting the collection to OMB Agency Troop Support, Philadelphia, mailed to Gail B. Scott, Office of General for approval. To comply with this PA. Counsel, U.S. Commodity Futures requirement, the CFTC is publishing Services Trading Commission, 1155 21st Street notice of the proposed collection of NW., Washington, DC 20581. And Service Type/Location: Grounds information listed below. Maintenance, Beale AFB, CA. Office of Information and Regulatory With respect to the following NPA: Crossroads Diversified Service, Inc., Affairs, Office of Management and collection of information, the CFTC Sacramento, CA. Budget, Attention: Desk Officer for invites comments on: Contracting Activity: Dept of the Air Force, CFTC, 725 17th Street, Washington, DC FA4686 9 CONS LGC, Beale AFB, CA. 20503. 1 See 17 CFR 145.9.

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• Whether the proposed collection of • Ways to minimize the burden of Rules Relating To Review of National information is necessary for the proper collection of information on those who Futures Association Decisions in performance of the functions of the are to respond, including through the Disciplinary, Membership Denial, Commission, including whether the use of appropriate automated electronic, Registration, and Member information will have a practical use; mechanical, or other technological Responsibility Actions, OMB Control Number 3038–0043—Extension • The accuracy of the Commission’s collection techniques or other forms of estimate of the burden of the proposed information technology; e.g., permitting These rules establish procedures and collection of information, including the electronic submission of responses. standards for Commission review of validity of the methodology and registered futures association assumptions used; procedures for membership and • disciplinary actions. Ways to enhance the quality, The Commission estimates the burden usefulness, and clarity of the of this collection of information as information to be collected; and follows:

ESTIMATED ANNUAL REPORTING BURDEN

Annual 17 CFR number of Frequency Total annual Hours per Total hours respondents of response responses response

17 CFR part 171 ...... 25 On occasion 51.3 .5 25.6

There are no capital costs or operating documentation, may be obtained by it may establish additional advisory and maintenance costs associated with contacting the agency contact listed boards, bodies, panels, committees or this collection. below. other similar groups (collectively Dated: May 25, 2012. DATES: Written comments are referred to as ‘‘other Advisory Groups’’) David A. Stawick, encouraged and must be received on or to advise and consult with the Bureau in the exercise of its functions. The CAB Secretary of the Commission, Commodity before July 2, 2012 to be assured of Futures Trading Commission. consideration. and other Advisory Groups may invite individuals with special expertise to [FR Doc. 2012–13353 Filed 5–31–12; 8:45 am] ADDRESSES: You may submit comments, advise the groups on an ad hoc basis BILLING CODE P identified by the collection title below, (Special Advisors). to: The Bureau seeks to collect selection- Agency: Consumer Financial related information from nominees to BUREAU OF CONSUMER FINANCIAL Protection Bureau (Attention: PRA the CAB, such as background PROTECTION Office), 1700 G Street NW., Washington, information, information related to _ _ DC 20552; CFPB Public [email protected]. financial disclosures, and other Submission for OMB Review; OMB: Shagufta Ahmed, Office of supplemental information relevant to Comment Request Management and Budget, New the application process. The Bureau Executive Office Building, Room 10235, AGENCY: Bureau of Consumer Financial may collect similar information from Protection. Washington, DC 20503; (202) 395–7873. potential candidates for other Advisory FOR FURTHER INFORMATION CONTACT: ACTION: Notice and request for comment. Groups, members of other Advisory Requests for additional information Groups, and Special Advisors to CAB SUMMARY: The Bureau of Consumer should be directed to the Consumer and other Advisory Groups, as relevant Financial Protection (Bureau), as part of Financial Protection Bureau (Attention: to the particular group. its continuing effort to reduce PRA Office), 1700 G Street NW., This information collection will allow paperwork and respondent burden, Washington, DC 20552, or via email at the Bureau to obtain information on the invites the general public and other [email protected]. qualifications of individuals nominated federal agencies to take this opportunity SUPPLEMENTARY INFORMATION: Title: to the CAB and will aid the Bureau in to comment on a proposed information Applications for Advisory Boards, its selection of members for other collection, as required by the Paperwork Groups, and Committees. Advisory Groups. The information Reduction Act of 1995, Public Law 104– OMB Number: 3170–XXXX. collection also will aid the Bureau in 13 (44 U.S.C. 3507(a)(1)(D)). The Bureau Abstract: The Dodd-Frank Wall Street selecting Special Advisors to the CAB is soliciting comments regarding the Reform and Consumer Protection Act and other Advisory Groups. information collection requirements (Dodd-Frank Act), Public Law 111–203, Once selected, Bureau staff may ask relating to the advisory boards, bodies, Title X, Section 1014 (12 U.S.C. 5494) members of CAB and other Advisory panels, committees or other similar requires the Director of the Bureau to Groups and Special Advisors, as part of groups that the Bureau may establish, establish a Consumer Advisory Board their participation, to respond to including the Consumer Advisory Board (CAB) to advise and consult with the questions asked to the CAB and other required by Title X of the Dodd Frank Bureau in the exercise of its functions Advisory Groups or Special Advisors, or Wall Street Reform and Consumer under the federal consumer financial to provide information/advice based Protection Act. The proposed collection laws, and to provide information on upon their expertise on issues before the has been submitted to the Office of emerging practices in the consumer CAB and other Advisory Groups related Management and Budget for review and financial products or services industry, to the Bureau’s exercise of its functions. approval. A copy of the submission, including regional trends, concerns, and Collection instruments for the CAB may including copies of the proposed other relevant information. In addition include nomination forms with collection and supporting to the CAB, the Bureau anticipates that questions about assets and income,

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affiliations and representations, Affected Public: Individuals, and for ACTION: Notice. financial interests and liabilities, and certain groups individual business relevant professional experience. representatives. SUMMARY: The Department of Defense is Collection instruments for other Estimated Number of Responses: 277. publishing the unclassified text of a Advisory Groups or for Special Advisors Estimated Time per Respondent: 25. section 36(b)(1) arms sales notification. may include questionnaires about Estimated Total Annual Burden This is published to fulfill the professional experience relevant to the Hours: 6,925. requirements of section 155 of Public particular group or may include Approved: May 23, 2012. Law 104–164 dated July 21, 1996. certifications regarding financial Chris Willey, interests relevant to a particular group FOR FURTHER INFORMATION CONTACT: Ms. or a particular meeting. Additionally, Chief Information Officer, Bureau of B. English, DSCA/DBO/CFM, (703) 601– Consumer Financial Protection. nominees, members, former members, 3740. and Special Advisors may be asked to [FR Doc. 2012–13260 Filed 5–31–12; 8:45 am] BILLING CODE 4810–AM–P The following is a copy of a letter to provide information/feedback on their the Speaker of the House of experiences as related to the selection Representatives, Transmittals 12–27 process or participation in the group. with attached transmittal, policy Collection instruments likely will DEPARTMENT OF DEFENSE include feedback forms and other justification, and Sensitivity of similar questionnaires about the Office of the Secretary Technology. participant’s experience on or with the Dated: May 29, 2012. [Transmittal Nos. 12–27] CAB or other Advisory Groups, Aaron Siegel, including their experience with the 36(b)(1) Arms Sales Notification Alternate OSD Federal Register Liaison Bureau’s information collections. Officer, Department of Defense. Type of Review: New generic AGENCY: Department of Defense, Defense collection. Security Cooperation Agency.

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Transmittal No. 12–27 (iii) Description and Quantity or spare and repair parts, support and test Quantities of Articles or Services under equipment, publications and technical Notice of Proposed Issuance of Letter of Consideration for Purchase: EA–18G documentation, and training equipment, Offer Pursuant to Section 36(b)(1) of the Modification Kits to convert 12 F/A–18F U.S. Government (USG) and contractor Arms Export Control Act, as Amended aircraft to G configuration, 34 AN/ALQ– engineering, technical and logistics (i) Prospective Purchaser: 99F(V) Tactical Jamming System Pods, support services, and other related Commonwealth of Australia 22 CN–1717/A Interference Cancellation elements of logistical and program Systems (INCANS), 22 R–2674(C)/A support. (ii) Total Estimated Value: Joint Tactical Terminal Receiver (JTTR) (iv) Military Department: Navy (LEN) Major Defense Equipment * $1.000 billion. Systems, 30 LAU–118 Guided Missile Other ...... 700 billion. (v) Prior Related Cases, if any: FMS Launchers, Command Launch Computer Case SAF-$2.2B–02May07 Total ...... 1.700 billion. (CLC) for High Speed Anti-Radiation (vi) Sales Commission, Fee, etc., Paid, * as defined in Section 47(6) of the Arms Missile (HARM) and Advanced Anti- Export Control Act. Radiation Guided Missile (AARGM), Offered, or Agreed to be Paid: None

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(vii) Sensitivity of Technology There will be no adverse impact on tactical jamming system which will Contained in the Defense Article or U.S. defense readiness as a result of this allow the EA–18G to conduct voice Defense Services proposed sale. communications over ultra-high radio Proposed to be Sold: See Attached Transmittal No. 12–27 frequencies with friendly forces, while Annex simultaneously jamming enemy (viii) Date Report Delivered to Notice of Proposed Issuance of Letter of communications. Congress: 22 May 2012 Offer Pursuant to Section 36(b)(1) of the 4. The R–2674(C)/A Joint Tactical Policy Justification Arms Export Control Act Annex—Item No. vii—(vii) Sensitivity of Technology Terminal Receiver (JTTR) System and Australia—EA–18G Airborne Electronic associated hardware provides eight Attack (AEA) Aircraft Modification Kits 1. The EA–18G modification kit receive channels that enable the aircraft consists of the following sensitive to access near real-time threat, survivor The Government of Australia has components: requested a possible sale of 12 EA–18G and Blue Force Tracking data that will a. The ALQ–218(V)2 Radio Frequency be transmitted to the pilot, thereby Modification Kits to convert F/A–18F Receiver system makes use of hard/ increasing the users’ critical situational aircrafts to G configuration, (34) AN/ software developed for the Precision awareness. ALQ–99F(V) Tactical Jamming System Direction-Finding System (PDFS) and Pods, (22) CN–1717/A Interference forms the receiver section of the 5. The LAU–118 is a guided missile Cancellation Systems (INCANS), (22) R– electronic attack systems installed launcher that is reusable and completes 2674(C)/A Joint Tactical Terminal aboard the EA 18G and the EA–6B. The the F/A–18 suspension and launching Receiver (JTTR) Systems, (30) LAU–118 equipment is teamed with variants of system for the AGM–88 High-Speed Guided Missile Launchers, Command the AN/ALQ–99 tactical jamming Anti-Radiation Missile (HARM) and Launch Computer (CLC) for High Speed system and is designed to facilitate a AGM–88E Advanced Anti-Radiation Anti-Radiation Missile (HARM) and narrowband jamming capability that is Guided Missile (AARGM). The launcher Advanced Anti-Radiation Guided aimed at countering frequency agile consists of the launcher housing, Missile (AARGM, spare and repair parts, threats. The hardware for each modified forward and aft fairing assemblies, support and test equipment, aircraft will include wingtip pods, forward and aft launcher tracks, publications and technical interface units, pre-selectors, Weapon documentation, personnel training and suspension lugs, insert plugs, and Replacement Assembly Weapon internal electrical components training equipment, U.S. Government Replacement Assemblies (WRAs) and (USG) and contractor engineering, antennas. 6. The Command Launch Computer technical, and logistics support services, b. The ALQ–227(V)1 Communication (CLC) for HARM and AARGM is an and other related elements of logistical Countermeasures Set (also known as the electronics subsystem installed on the and program support. The estimated RT–1919), including hardware for each airframe to interface with HARM/ cost is $1.7 billion. modified aircraft is a digital receiver/ AARGM Missiles and the F/A–18E/F Australia is an important ally in the exciter that makes use of the AN/ALQ– and EA–18G aircraft. The CLC receives Western Pacific. The strategic location 99 noise jamming system that transmits target data from the missile and onboard of this political and economic power ‘‘complex’’ communications jamming avionics, processes the data for display contributes significantly to ensuring to the aircrew to the appropriate peace and economic stability in the waveforms over a ‘‘broad’’ frequency region. Australia’s efforts in range. display, determines target priority, and c. The CP–2640/ALQ Electronic peacekeeping and humanitarian collects aircraft data for pre-launch operations have made a significant Attack Unit (EAU) provides the hand-off to the HARM/AARG missiles. impact to regional political and integration and management of all Radio The CLC determines time coincidence economic stability and have served U.S. Frequency (RF) and communication between the HARM/AARGM missiles national security interests. This sensors within the EA–18G. and the Radar Warning Receiver (RWR) proposed sale is consistent with those 2. The AN/ALQ–99F(V) Tactical directional data and pulse repetition objectives and facilitates burden sharing Jamming System pod is equipped with intervals and formats. The identification with our allies. a hardback that supports fore and aft data is processed by the CLC to perform The proposed sale will improve transmitters, a nose-mounted Ram Air target identification, prioritization, and Turbine (RAT), a centrally-mounted Australia’s capability in current and display information. The CLC generates Universal Exciter Unit (UEU), a pod future coalition efforts. Australia will targeting commands to the HARM/ control unit, and two steerable high-gain use the enhanced capability as a AARGM missiles for appropriate target deterrent to regional threats and to transmission arrays. The UEU is central to the pod’s function and is a digitally and provides Targeting and guidance strengthen its homeland defense. information for the missiles to Target of Australia will have no difficulty controlled signal generator that receives threat parameter data from the TJS Interest (TOI) on offensive attack absorbing this new capability into its missions armed forces. computer and generates an appropriate The proposed sale of this equipment response by modulating a radio 7. If a technologically advanced and support will not alter the basic frequency oscillator. This output is then adversary were to obtain knowledge of military balance in the region. amplified and emitted by the the specific hardware and software The prime contractor will be The appropriate transmitter. elements, the information could be used Boeing Corporation in St. Louis, 3. The CN–1717/A Interference to develop countermeasures that might Missouri. There are no known offset Cancellation System (INCANS) is an reduce weapon system effectiveness or agreements proposed in connection aircraft-mounted system that provides be used in the development of a system with this potential sale. secure voice communications with with similar or advanced capabilities. Implementation of this proposed sale friendly forces while simultaneously may require the assignment of jamming enemy communications. The [FR Doc. 2012–13293 Filed 5–31–12; 8:45 am] additional U.S. Government or main concern on INCANS is its BILLING CODE 5001–06–P contractor representatives to Australia. compatibility with the AN/ALQ–99

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DEPARTMENT OF DEFENSE SUMMARY: The Department of Defense is The following is a copy of a letter to publishing the unclassified text of a the Speaker of the House of Office of the Secretary section 36(b)(1) arms sales notification. Representatives, Transmittals 12–06 [Transmittal Nos. 12–06] This is published to fulfill the with attached transmittal, policy requirements of section 155 of Public justification, and Sensitivity of 36(b)(1) Arms Sales Notification Law 104–164 dated July 21, 1996. Technology. Dated: May 29, 2012. AGENCY: Defense Security Cooperation FOR FURTHER INFORMATION CONTACT: Ms. Agency, Department of Defense. B. English, DSCA/DBO/CFM, (703) 601– Aaron Siegel, ACTION: Notice. 3740. Alternate OSD Federal Register Liaison Officer, Department of Defense.

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Transmittal No. 12–06 Pacific and a key partner of the United conveyed with this proposed sale have States in ensuring peace and stability in the highest classification level of Secret. Notice of Proposed Issuance of Letter of that region. It is vital to the U.S. The HARPOON Block II missile Offer Pursuant to Section 36(b)(1) of the national interest to assist our Korean incorporates components, software, and Arms Export Control Act, as Amended ally in developing and maintaining a technical design information that are (i) Prospective Purchaser: Republic of strong and ready self-defense capability, considered sensitive. The following Korea which will contribute to an acceptable HARPOON Block II missile components (ii) Total Estimated Value: military balance in the area. being conveyed by the proposed sale Major Defense Equipment * $81 million. The Republic of Korea (ROK) intends that are considered sensitive and are Other ...... 3 million. to use the HARPOON Block II missiles classified include: to supplement its existing HARPOON Total ...... 84 million. a. (U) The Radar seeker missile capability. This will enhance the b. (U) The GPS/INS System * as defined in Section 47(6) of the Arms capabilities of the ROK Navy and Export Control Act. c. (U) Operational Flight Program (OFP) support its regional influence, a key Software (iii) Description and Quantity or factor in Overseas Contingency d. (U) Missile operational characteristics Quantities of Articles or Services under Operations. The acquisition of the and performance data Consideration for Purchase: 18 UGM– HARPOON Block II missiles and 84L HARPOON Block II All-Up-Round support will supplement current These elements are essential to the Missiles, 1 UGM–84L HARPOON weapon inventories and bring the ROK’s ability of the HARPOON Block II missile telemetry exercise section, containers, Naval Anti-Surface Warfare to selectively engage hostile targets Guidance Control Units (GCU) spares, performance up to existing regional under a wide range of operational, recertification and reconfiguration baselines. The proposed sale will tactical and environmental conditions. support, spare and repair parts, tools provide a defensive capability while 2. If a technologically advanced and tool sets, support equipment, enhancing interoperability with the U.S. adversary were to obtain knowledge of personnel training and training and other allied forces. Korea will have the specific hardware and software equipment, publications and technical no difficulty absorbing these additional elements, the information could be used data, U.S. Government and contractor missiles into its armed forces. to develop countermeasures which engineering and logistics support The proposed sale of HARPOON might reduce weapon system services, and other related elements of missiles will not alter the basic military effectiveness or be used in the logistics support. balance in the region. development of a system with similar or (iv) Military Department: Navy (AKT) The prime contractor will be the advanced capabilities. (v) Prior Related Cases, if any: Boeing Company in St Louis, Missouri. [FR Doc. 2012–13291 Filed 5–31–12; 8:45 am] FMS case AJF–$42M–31Jul06 There are no known offset agreements BILLING CODE 5001–06–P FMS case AJG–$71M–31Jul06 proposed in connection with this (vi) Sales Commission, Fee, etc., Paid, potential sale. Offered, or Agreed to be Paid: None. Implementation of this proposed sale DEPARTMENT OF DEFENSE (vii) Sensitivity of Technology will not require the assignment of any Contained in the Defense Article or additional U.S. Government or Office of the Secretary Defense Services Proposed to be Sold: contractor personnel to Korea. However, See Annex attached. U.S. Government or contractor [Transmittal Nos. 12–09] (viii) Date Report Delivered to personnel in-country visits will be Congress: 22 May 2012. required on a temporary basis for 36(b)(1) Arms Sales Notification program, technical, and management Policy Justification AGENCY: Department of Defense, Defense oversight and support requirements. Republic of Korea—UGM–84L There will be no adverse impact on Security Cooperation Agency. HARPOON Missiles U.S. defense readiness as a result of this ACTION: Notice. proposed sale. The Government of Korea has SUMMARY: The Department of Defense is requested a possible sale of 18 UGM– Transmittal No. 12–06 publishing the unclassified text of a 84L HARPOON Block II All-Up-Round Notice of Proposed Issuance of Letter of section 36(b)(1) arms sales notification. Missiles, 1 UGM–84L HARPOON This is published to fulfill the telemetry exercise section, containers, Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as Amended requirements of section 155 of Public Guidance Control Units (GCU) spares, Law 104–164 dated July 21, 1996. recertification and reconfiguration Annex—Item No. vii FOR FURTHER INFORMATION CONTACT: support, spare and repair parts, tools Ms. and tool sets, support equipment, (vii) Sensitivity of Technology: B. English, DSCA/DBO/CFM, (703) 601– personnel training and training 1. The UGM–84L Block II HARPOON 3740. equipment, publications and technical missile (UGM–84L) is a submarine The following is a copy of a letter to data, U.S. Government and contractor launched Anti-Surface Warfare (AsuW) the Speaker of the House of engineering and logistics support missile that provides Naval forces with Representatives, Transmittals 12–09 services, and other related elements of a capability to engage targets in both the with attached transmittal, and policy logistics support. The estimated cost is ‘‘blue water’’ regions and the littorals of justification. $84 million. the world. The HARPOON Block II Dated: May 29, 2012. The Government of Korea is one of missile, including publications, Aaron Siegel, the major political and economic documentation, operations, supply, Alternate OSD Federal Register Liaison powers in East Asia and the Western maintenance, and training to be Officer, Department of Defense.

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Transmittal No. 12–09 Total ...... 180 million. provided as grant Excess Defense * as defined in Section 47(6) of the Arms Articles (EDA). Also included are Notice of Proposed Issuance of Letter of Export Control Act. transportation, aircraft ferry support, Offer Pursuant to Section 36(b)(1) of the (iii) Description and Quantity or repair and return, spare and repair parts, Arms Export Control Act, as Amended Quantities of Articles or Services under support equipment, tools and test (i) Prospective Purchaser: Bangladesh Consideration for Purchase: provides equipment, technical data and the regeneration, overhaul, publications, personnel training and (ii) Total Estimated Value: modifications, and logistics support of 4 training equipment, U.S. Government Major Defense Equipment * $ 0 million. Lockheed Martin C–130E United States and contractor engineering, technical, Other ...... 180 million. Air Force (USAF) baseline aircraft and and logistics support services, and other 20 T56AA Rolls-Royce engines being related elements of logistics support.

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(iv) Military Department: Air Force There will be no adverse impact on open portion of this meeting or at a (SAO) U.S. defense readiness as a result of this future meeting. Determination of who (v) Prior Related Cases, if any: None proposed sale. will be making an oral presentation is at (vi) Sales Commission, Fee, etc., Paid, [FR Doc. 2012–13292 Filed 5–31–12; 8:45 am] the sole discretion of the Committee Offered, or Agreed to be Paid: None BILLING CODE 5001–06–P Chair and the Designated Federal Officer and will depend on time (vii) Sensitivity of Technology available and if the topics are relevant Contained in the Defense Article or to the Committee’s activities. Two Defense Services Proposed to be Sold: DEPARTMENT OF DEFENSE minutes will be allotted to persons None Office of the Secretary desiring to make an oral presentation. (viii) Date Report Delivered to Oral presentations by members of the Congress: 22 May 2012 Meeting of the Defense Advisory public will be permitted only on Committee on Women in the Services Policy Justification Wednesday, June 27, 2012 from 11 a.m. (DACOWITS) to 12 p.m. in front of the full Committee. Bangladesh—C–130E Aircraft AGENCY: Department of Defense. Number of oral presentations to be made will depend on the number of requests The Government of Bangladesh has ACTION: Notice. requested a possible sale to provide the received from members of the public. regeneration, overhaul, modifications, SUMMARY: Pursuant to Section 10(a), DATES: June 26, 2012, 8:30 a.m.–3:30 and logistics support of 4 Lockheed Public Law 92–463, as amended, notice p.m.; June 27, 2012, 8:30 a.m.–12 p.m. Martin C–130E United States Air Force is hereby given of a forthcoming ADDRESSES: 300 Army Navy Drive, (USAF) baseline aircraft and 20 T56AA meeting of the Defense Advisory Arlington, VA 22202. Rolls-Royce engines being provided as Committee on Women in the Services FOR FURTHER INFORMATION CONTACT: Mr. (DACOWITS). The purpose of the grant Excess Defense Articles (EDA). Robert Bowling or DACOWITS Staff at meeting is to receive update briefings Also included are transportation, 4000 Defense Pentagon, Room 2C548A, from the Marine Corps and the Army on aircraft ferry support, repair and return, Washington, DC 20301–4000. their assignment policies, and a briefing spare and repair parts, support [email protected]. Telephone from the Sexual Assault Prevention and equipment, tools and test equipment, (703) 697–2122. Fax (703) 614–6233. technical data and publications, Response Office (SAPRO) on sexual personnel training and training assault prevention measures. SUPPLEMENTARY INFORMATION: equipment, U.S. Government and Additionally, the Committee will Meeting Agenda contractor engineering, technical, and provide a summary of their 2012 logistics support services, and other installation visits. The Committee will Tuesday, June 26, 2012, 8:30 a.m.– related elements of logistics support. also receive briefings on deployed 3:30 p.m. The estimated cost is $180 million. women’s health issues. The meeting is —Welcome, introductions, and The proposed sale will contribute to open to the public, subject to the announcements. the foreign policy and national security availability of space. —Briefing—Assignment Policy, USMC. of the United States by enabling the Interested persons may submit a —Briefing—Assignment Policy, USA. Bangladesh Air Force (BAF) to use its written statement for consideration by —Briefing—Summary of Installation C–130 fleet to respond more capably to the Defense Advisory Committee on Visits. humanitarian assistance and disaster Women in the Services. Individuals —Briefing—Sexual Assault Prevention relief needs in the region and support submitting a written statement must Measures, SAPRO. Bangladesh’s significant contributions submit their statement to the Point of Wednesday, June 27, 2012, 8:30 a.m.– to United Nations Peacekeeping Contact listed at the address in FOR 12 p.m. Operations, and support operations to FURTHER INFORMATION CONTACT no later counter violent extremist organizations. than 5 p.m., Friday, June 22, 2012. If a —Welcome, introductions, and It will also improve the commonality written statement is not received by announcements. and interoperability of the BAF and the Friday, June 22, 2012, prior to the —Briefing—Deployed Women’s Health U.S. Air Force. meeting, which is the subject of this Issues. notice, then it may not be provided to The proposed sale of support will —Briefing—Deployed Women’s Health or considered by the Defense Advisory help to modernize the BAF’s aging cargo Study Results. Committee on Women in the Services aircraft fleet. The C–130E will provide —Public Comment Period. until its next open meeting. The Bangladesh with an improved capability Designated Federal Officer will review Dated: May 29, 2012. for the movement of cargo and all timely submissions with the Defense Aaron Siegel, personnel in humanitarian missions. Advisory Committee on Women in the Alternate OSD Federal Register Liaison The proposed sale of this equipment Services Chairperson and ensure they Officer, Department of Defense. and support will not alter the basic are provided to the members of the [FR Doc. 2012–13318 Filed 5–31–12; 8:45 am] military balance in the region. Defense Advisory Committee on Women BILLING CODE 5001–06–P The prime contractor will be in the Services. If members of the public determined via competitive bid. There are interested in making an oral are no known offset agreements statement, a written statement should be DEPARTMENT OF DEFENSE proposed in connection with this submitted to the address in FOR FURTHER Office of the Secretary potential sale INFORMATION CONTACT. After reviewing Implementation of this proposed sale the written comments, the Chairperson Revised Non-Foreign Overseas Per will not require the assignment of any and the Designated Federal Officer will Diem Rates additional U.S. Government or determine who of the requesting contractor representatives to persons will be able to make an oral AGENCY: DoD, Per Diem, Travel and Bangladesh. presentation of their issue during an Transportation Allowance Committee.

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ACTION: Notice of Revised Non-Foreign travelers are paid per diem at the most published periodically in the Federal Overseas Per Diem Rates. current rates. Register now constitute the only DATES: Effective Date: June 1, 2012. notification of revisions in per diem SUMMARY: The Per Diem, Travel and FOR FURTHER INFORMATION CONTACT: Mrs. rates to agencies and establishments Transportation Allowance Committee is Sonia Malik, 571–372–1276. outside the Department of Defense. For publishing Civilian Personnel Per Diem SUPPLEMENTARY INFORMATION: more information or questions about per Bulletin Number 282. This bulletin lists This document gives notice of revisions diem rates, please contact your local revisions in the per diem rates in per diem rates prescribed by the Per travel office. The text of the Bulletin prescribed for U.S. Government Diem Travel and Transportation follows: The changes in Civilian employees for official travel in Alaska, Allowance Committee for non-foreign Bulletin 282 are updated rates for Puerto Hawaii, Puerto Rico, the Northern areas outside the continental United Rico. Mariana Islands and Possessions of the States. It supersedes Civilian Personnel United States. AEA changes announced Per Diem Bulletin Number 281. Dated: May 29, 2012. in Bulletin Number 194 remain in effect. Distribution of Civilian Personnel Per Aaron Siegel, Bulletin Number 282 is being published Diem Bulletins by mail was Alternate OSD Federal Register Liaison in the Federal Register to assure that discontinued. Per Diem Bulletins Officer, Department of Defense.

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[FR Doc. 2012–13296 Filed 5–31–12; 8:45 am] and Records Management Services, Overview Information: BILLING CODE 5001–06–P Office of Management, publishes this Catalog of Federal Domestic Assistance notice containing proposed information (CFDA) Numbers: 84.334. collection requests at the beginning of Proposed Priorities: Gaining Early the Departmental review of the DEPARTMENT OF EDUCATION Awareness and Readiness for information collection. The Department Undergraduate Programs (GEAR UP)— Notice of Proposed Information of Education is especially interested in College Savings Account Research Collection Requests; Office of public comment addressing the Demonstration Project Postsecondary Education; Assessing following issues: (1) Is this collection SUMMARY: The Assistant Secretary for Program Performance, National necessary to the proper functions of the Postsecondary Education proposes Resource Center, Business and Department; (2) will this information be priorities for a research demonstration International Education, and processed and used in a timely manner; project for recipients of new GEAR UP Undergraduate International Studies (3) is the estimate of burden accurate; State awards in Fiscal Year (FY) 2011 or and Foreign Language Programs (4) how might the Department enhance FY 2012. Through these priorities, the Surveys the quality, utility, and clarity of the Department of Education (Department) information to be collected; and (5) how seeks to determine the effectiveness of SUMMARY: The U.S. Department of might the Department minimize the Education will conduct an assessment pairing federally supported college burden of this collection on the savings accounts with GEAR UP of the National Resource Center (NRC), respondents, including through the use Business and International Education activities as part of an overall college of information technology. Please note access and success strategy. (BIE), and Undergraduate and that written comments received in DATES: International Studies and Foreign response to this notice will be We must receive your comments Language programs (UISFL). Institutions considered public records. on or before July 2, 2012. of Higher Education will be asked to Title of Collection: Assessing Program ADDRESSES: Address all comments about provide quantitative data on their Performance, National Resource Center, this notice to James Davis, U.S. internationalization and capacity Business and International Education, Department of Education, 1990 K Street building efforts on each campus. and Undergraduate International NW., Room 7007, Washington, DC DATES: Interested persons are invited to Studies and Foreign Language Programs 20006–8513. submit comments on or before July 31, Surveys. If you prefer to send your comments 2012. OMB Control Number: Pending. by email, use the following address: [email protected]. You must include ADDRESSES: Written comments Type of Review: New. Total Estimated Number of Annual the term ‘‘GEAR UP Proposed regarding burden and/or the collection Responses: 838. Priorities’’ in the subject line of your activity requirements should be Total Estimated Number of Annual electronic message. electronically mailed to Burden Hours: 23,608. FOR FURTHER INFORMATION CONTACT: [email protected] or mailed to U.S. Abstract: Institutions of Higher Department of Education, 400 Maryland James Davis: (202) 502–7802; or, by Education will be asked to provide email: [email protected]. Avenue SW., LBJ, Washington, DC quantitative data on their If you use a telecommunications 20202–4537. Copies of the proposed internationalization and capacity device for the deaf (TDD) or a text information collection request may be building efforts on each campus. The telephone (TTY), call the Federal Relay accessed from http://edicsweb.ed.gov, data collected will be used to document Service (FRS), toll free, at 1–800–877– by selecting the ‘‘Browse Pending the implementation of individual 8339. Collections’’ link and by clicking on projects as well as of the program link number 04868. When you access SUPPLEMENTARY INFORMATION: collectively and to inform future studies Invitation to Comment: We invite you the information collection, click on looking at long-term impact. The results ‘‘Download Attachments’’ to view. to submit comments regarding this from the surveys will be used to learn notice. To ensure that your comments Written requests for information should what is being accomplished by the NRC, be addressed to U.S. Department of have maximum effect in developing the BIE, and UISFL Programs and to inform notice of final priorities, we urge you to Education, 400 Maryland Avenue SW., program improvement in the future. LBJ, Washington, DC 20202–4537. identify clearly the specific proposed Dated: May 29, 2012. Requests may also be electronically priority that each comment addresses. We invite you to assist us in mailed to [email protected] or faxed Darrin A. King, complying with the specific to 202–401–0920. Please specify the Director, Information Collection Clearance requirements of Executive Orders 12866 complete title of the information Division, Privacy, Information and Records Management Services, Office of Management. and 13563 and their overall requirement collection and OMB Control Number of reducing regulatory burden that when making your request. [FR Doc. 2012–13368 Filed 5–31–12; 8:45 am] might result from these proposed Individuals who use a BILLING CODE 4000–01–P priorities. Please let us know of any telecommunications device for the deaf further ways we could reduce potential (TDD) may call the Federal Information DEPARTMENT OF EDUCATION costs or increase potential benefits Relay Service (FIRS) at 1–800–877– while preserving the effective and 8339. Proposed Priorities; Gaining Early efficient administration of the program. SUPPLEMENTARY INFORMATION: Section Awareness and Readiness for During and after the comment period, 3506 of the Paperwork Reduction Act of Undergraduate Programs; College you may inspect all public comments 1995 (44 U.S.C. Chapter 35) requires Savings Account Research about this notice in room 7007, 1990 K that Federal agencies provide interested Demonstration Project Street NW., Washington, DC, between parties an early opportunity to comment AGENCY: Office of Postsecondary the hours of 8:30 a.m. and 4:00 p.m., on information collection requests. The Education, Department of Education. Washington, DC time, Monday through Director, Information Collection Friday of each week except Federal ACTION: Notice. Clearance Division, Privacy, Information holidays.

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Assistance to Individuals with partnerships among schools, financial pocket college costs. The average out-of- Disabilities in Reviewing the institutions, and other stakeholders to pocket cost for low-income students Rulemaking Record: On request we will help students gain access to deposit enrolled full-time in a public four-year provide an appropriate accommodation accounts, learn about money, and save institution in academic year 2007–08 or auxiliary aid to an individual with a for college. The Department’s press was $10,400 per year (National Center disability who needs assistance to statement on this partnership can be for Education Statistics, December review the comments or other found at: www.ed.gov/news/press- 2010). documents in the public rulemaking releases/fdic-and-ncua-chairs-join- Federal and State tax policies provide record for this notice. If you want to education-secretary-announce- incentives to families to save for college; schedule an appointment for this type of partnership-promote-finan, and the contributions to Coverdell Education accommodation or auxiliary aid, please Secretary’s recently recorded video Savings Accounts and State 529 Plans contact the person listed under FOR encouraging participation at: http:// (qualified tuition programs created by FURTHER INFORMATION CONTACT. www.youtube.com/ section 529 of the tax code) are often Purpose of Program: The GEAR UP watch?v=uxOoXeOkh_w. Section deductible on State income taxes, program is a discretionary grant 404D(b)(10)(E) of the Higher Education returns accrued on the investments are program that provides financial support Act of 1965, as amended (HEA), mostly free from Federal taxes, and for academic and related support expressly authorizes GEAR UP program distributions for the beneficiaries’ services to eligible low-income students, grantees to design projects that promote college costs are tax exempt. In including English learners and students participating students’ secondary school addition, 15 States now provide seed with disabilities, to enable them to completion and enrollment in money or matching funds for moderate- obtain a secondary school diploma and postsecondary education by means that and low-income families that contribute to prepare for and succeed in include promotion of financial literacy to State 529 plans.1 Despite these postsecondary education. and economic literacy education or incentives, participation rates in college Program Authority: 20 U.S.C. 1070a– counseling. The FY 2011 GEAR UP savings plans are relatively low, 21–1070a–28. application included an invitational especially among middle- and lower- Applicable Program Regulations: 34 priority for financial access and college income families. Previous research also CFR part 694. savings accounts. Although no favorable shows that 90 percent of families with Proposed Priorities consideration was promised or granted college savings plans have college in the review process to applicants that degrees and that the median income of Background chose to address this priority, nearly families with these plans was $100,000 Introduction two thirds of the 66 successful (Dynarski, 2004 and Ma, 2004). One applicants included it in their proposals Research suggests that students with survey found that only 36 percent of (http://www.ed.gov/news/press-releases/ families with incomes less than $30,000 savings accounts may be up to seven new-gear-grants-awarded-help-more- times more likely to attend college, even per year had college savings (Sallie Mae, 275000-middle-schoolers-get-pathway- 2010). when controlling for other factors success-co). In response to strong (Elliot, Jung, and Friedline, 2010: Given the low participation rates in interest in this invitational priority and college savings plans for low-income http://csd.wustl.edu/Publications/ the Secretary’s desire to expand the Documents/WP10-01.pdf). Yet 25 families, education about financial Nation’s knowledge base on the planning for college and financial percent of U.S. households (and 50 relationship between asset-building percent of Black and Hispanic incentives to encourage saving may be strategies and education outcomes for an important part of any college savings households) are unbanked or students, the Department is proposing underbanked, meaning that they either intervention. The Saving for Education, priorities for a competition through Entrepreneurship, and Downpayment do not have a Federally insured deposit which the Department intends to award account or that they have an account but (SEED) for Oklahoma Kids approximately $8.7 million in FY 2012 demonstration offered initial deposit still rely on costly alternative financial and additional FY 2013 GEAR UP services. Young adults are and matching funds for State 529 plan funds, if necessary, for a college savings accounts for a randomly selected group disproportionately unbanked and account research demonstration project. underbanked of infants born in Oklahoma in 2007. (www.economicinclusion.gov). At the Effectiveness of the Use of College Their parents were more likely to open same time, a lack of financial literacy Savings Accounts and deposit funds in State 529 plan and indicators thereof— such as Prior research suggests a need for accounts than a randomly selected overestimating the price of college, not improved financial literacy and asset control group not offered the seed and applying for Federal student aid, and building strategies geared toward matching funds. In addition, low- borrowing expensive private education college enrollment, but there is no income parents with greater financial loans before exhausting lower cost conclusive evidence about the literacy were more likely to open the Federal student loan alternatives—are a effectiveness of these strategies. Many savings accounts than those with less major roadblock on the path to college low-income families do not understand financial literacy (Nam, Lim, Clancy, access, affordability, and success for too that they may be eligible for financial Zager, and Sherraden, 2011; Huang, many students and families (http:// aid and, therefore, do not apply (see, for Nam, Sherraden, 2012). www2.ed.gov/legislation/FedRegister/ example, Baum and Payea 2011). While there are and have been efforts announcements/2010-3/072610c.html). Although knowledge about financial to test savings and education outcomes Partially as a result of these findings, the aid is important, it appears that low- associated with State 529 college Secretary of Education and the income families may need to be savings plans and other college savings Chairmen of the Federal Deposit educated about the importance of accounts (Long and Bettinger, 2011; the Insurance Corporation and the National college savings. Even low-income 1 Information obtained in January 2012 from Credit Union Administration families that apply for and receive www.savingsforcollege.com, using options announced, in November 2010, a new financial aid for postsecondary ‘‘compare by features, program match on interagency agreement to increase education often face substantial out-of- contributions.’’

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SEED for Oklahoma Kids information on individual students to which is an essential feature of a Demonstration), further research is the account administrators or trustees as rigorous study. Under the study design, necessary. The demonstration project to seriously undermine the research created by the Department’s Institute of that the Department is proposing in this demonstration project itself. This is Education Sciences, States and the notice would be the first of its kind: A because, under the Family Educational Federal government will be able to rely rigorous, randomized, and controlled Rights and Privacy Act (FERPA) and its on evidence developed to inform future evaluation of the effect of providing implementing regulations (20 U.S.C. policy decisions about college readiness students with college savings accounts 1232g and 34 CFR part 99), since not all and success, financial decision-making, in the context of comprehensive students in the grade are eligible to and savings accounts—whether that educational support services provided receive GEAR UP services, LEAs and means scaling up savings account by GEAR UP grantees. The proposed schools may not disclose their programs or conducting further evaluation would involve using a lottery ’’directory information’’ because the research. to select one-half of the schools within receipt of GEAR UP services is not itself The Department intends to rank each participating grant to be ‘‘treatment ‘‘directory information.’’ Thus, under eligible applicant States according to schools’’ that offer the services FERPA, the disclosure of personally scores assigned by non-Federal described in the already approved identifiable information from the reviewers using the Department’s GEAR UP application in addition to education records of a subgroup of general selection criteria in 34 CFR GEAR UP supported savings accounts, students receiving GEAR UP services to 75.210. The number of States selected to financial incentives, and financial the account administrator or trustee in receive awards will depend on the counseling (treatment services). The order to assist with establishing and number of schools and students served other one-half of the schools in each managing any savings account, whether by each State GEAR UP program in the participating grant will be selected by funded with Federal GEAR UP funds or demonstration project. Unless the need lottery to be ‘‘control schools’’ that offer private funds, would require prior, to achieve the correct sample size services described in the already written, parental consent. requires the Department to select approved GEAR UP application with no Under this priority, GEAR UP State applicants out of order, the Department savings accounts, additional financial grantees that use the cohort approach intends to select States, one after incentives, or additional counseling and that wish to participate in this another, beginning with the highest- intervention. The impact of the college project must demonstrate their ranked State as scored by non-Federal savings account intervention—-above willingness, capacity, and reviewers until there is a total across the and beyond usual GEAR UP services— comprehensive plan to carry out the selected States of 20,000 students who will be measured by comparing college savings account and financial are enrolled in the 9th grade in fall outcomes of students enrolled in counseling intervention and participate 2013. in the rigorous evaluation, as described treatment and control group schools. Proposed Priority 2: College Savings Under this research demonstration in this notice. Accordingly, each applicant must list in its application Accounts Research and Demonstration project, the Department is proposing Project two priorities. multiple GEAR UP high schools that serve at least 50 GEAR UP participants The lynchpin of this priority is the Background who will be in 9th grade during the premise that the combination of supported personal savings accounts Proposed Priority 1: Funding Eligibility 2013–2014 academic year, identify the names of the GEAR UP high schools and associated financial incentives and Under Proposed Priority 1, the expected to participate in the counseling will have a positive effect on Department would limit demonstration demonstration, and identify the number a variety of measures of college project eligibility for funding to current of GEAR UP participants at each school readiness and financial well-being, such State GEAR UP grantees that received expected to be in 9th grade during the as the amount of savings available to new awards in FY 2011 or FY 2012, that 2013–2014 academic year. support postsecondary education, select participating students beginning Under this proposed priority, to be attitudes about the ability to attend and not later than seventh grade using the eligible for funding, an applicant may afford college, academic readiness as cohort approach (see section 404B(d)(1) not currently be implementing a measured by participation and of the HEA), and that have their cohort systematic college savings program that performance in college-preparatory of students entering the ninth grade in provides matching funds for deposits in courses, postsecondary education the 2013–2014 academic year. college savings accounts held on behalf enrollment, financial literacy and We would limit eligible State of GEAR UP participants in high schools decision-making, and student borrowing applicants to those whose current GEAR included in this demonstration project. and work decisions. UP projects select participants using the We are proposing to limit eligibility in This proposed priority thus has two cohort approach because we understand this manner because the demonstration main components. The first describes that these State GEAR UP grantees may project will not provide a valid test of the requirements for establishing, readily arrange to have participating the benefits of these accounts if schools operating, and having students schools’ or Local Educational Agencies’ assigned by lottery to the control group participate in college savings accounts (LEAs’) directory information provided are already implementing college and financial counseling. The second to account administrators or trustees to savings accounts for GEAR UP students. describes the research evaluation that assist with establishing and managing We note that because of the limited will be conducted to assess the effect of savings accounts for GEAR UP students. funds available, it is not possible to use providing these college savings accounts Conversely, we are concerned that Federal GEAR UP dollars to provide and related financial counseling to permitting State GEAR UP grantees seed funding and savings matches to all students and their parents. using a priority-student method of students served by GEAR UP State selecting participating GEAR UP grants. The limited number of possible College Savings Accounts and Financial students (see section 404D(c) of the recipients of seed funding and savings Counseling HEA) will lead to such substantial effort matches for these savings accounts, Under this demonstration project, and cost of providing requisite however, allows for a control group, approximately 10,000 low-income

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students served by selected GEAR UP account administrator, as described exceed one percent of account balances, State grants would receive below. While Federal and non-Federal could be paid to the savings account approximately $200 in seed funding that funds would be in separate accounts, trustee and administrator with Federal would be placed into personal savings each student with these accounts would GEAR UP funds to cover expenses accounts held for these students in trust, be able to experience them as having a related to the GEAR UP college savings pending their graduation from high single account in that the student would account demonstration project. school and enrollment in a college or see the account balance as reflecting If awarded a grant, the applicant university. Matching funds would also both the total amount of Federal funds would be required to develop rules on be available to encourage students, their earned as well as any non-Federal funds when withdrawals would and would families, their parents’ employers, in the account. not be permissible (i.e., rules on community-based organizations, Each successful applicant would be qualified withdrawals) and on transfers religious organizations, and others to required to designate a savings account of non-Federal funds to other persons. contribute further to students’ accounts. trustee to manage the account funds and For example, a State could prohibit More specifically, a successful a savings account administrator to hold withdrawals of non-Federal, individual applicant would use GEAR UP funds the account funds. Applicants that do contributions for what the applicant awarded under this competition to not identify the savings account trustee determines to be a non-qualified provide $200 as an initial deposit in and savings account administrator must expense unless the account holder each GEAR UP student’s account as well identify the process by which these reaches a specified age. Alternatively, a as match contributions for each student entities would be selected. The savings State could offer a savings plan with up to $10 every month for a maximum account trustee would oversee the existing disbursement rules, such as 529 of four years. Thus, a student who accounts held by the savings account plans or Coverdell plans, or it could receives the maximum match would administrator and approve withdrawals determine its own rules in consultation finish high school with at least $1,160 and other account activities, such as with the account administrator and in a personal college savings account— transfers of non-Federal funds to other account trustee. Since, as described in the $200 Federal seed, plus $480 in persons, if permitted. Notwithstanding the College Savings Accounts and personal contributions, plus $480 in any existing title IV regulation, qualified Financial Counseling section of this Federal matching funds. A successful withdrawals of Federal and non-Federal notice (paragraph (d) Withdrawal and applicant also would be required to funds would not count toward Federal Transfer of Federal Funds), withdrawals maximize the benefit of the matching student aid eligibility. The trustee for non-qualified uses would forfeit the funds by providing periodic would need to be a State agency, such associated Federal match, the applicant opportunities for the student to make as a State Department of Treasury, also would need to establish for the ‘‘catch-up’’ deposits. To protect the Office of the Governor, Lieutenant account trustee the conditions under integrity of the evaluation, a successful Governor, or Comptroller, a tax-exempt which funds can be withdrawn for applicant would not be permitted to non-profit organization or foundation, qualified uses, transferred to other provide additional seed or matching or for-profit organization or business persons such as siblings, or accessed at funding to students participating in the with demonstrated expertise and a particular age. The rules developed by GEAR UP college savings research experience in successfully managing a successful applicant would have to demonstration project. financial services. The purpose of require at least that the account trustee An applicant would be required to requiring the participation of the trustee oversee all qualified withdrawals and limit student eligibility to receive would be to ensure that Federal funds transfers. college savings accounts, financial are only spent on qualified educational States would also need to provide incentives to encourage saving, and expenses, as that term is used in section participating students and families in financial counseling (which would be 404E of the HEA upon a student’s the schools whose students are selected above and beyond any counseling enrollment in an institution of higher for savings accounts and related provided to all GEAR UP students) to education eligible to participate in financial counseling (the ‘‘treatment only those students enrolled in the 9th student financial assistance under Title schools’’; see the following subsection grade in one of the randomly selected IV of the HEA. Research evaluation) with general and treatment high schools (as described in The savings account administrator targeted savings account and related the Research Evaluation section of this would be required to hold account financial counseling designed to help priority) in the fall of 2013. Any Federal funds, accept deposits, and issue them understand the benefits of saving GEAR UP funds that remain in the qualified withdrawals. The account for college, encourage them to save, student’s account six years after the administrator would need to be a increase their understanding of relevant student’s scheduled completion of Federally or State regulated financial mathematical and financial concepts, secondary school must be returned to institution, such as an investment firm and prepare them to make sound the Department. that manages a State’s 529 plan or a financial decisions. To ensure GEAR UP Each successful applicant would be Federally insured bank or credit union or school staff are sufficiently prepared required to maintain all Federal GEAR that partners with the State to to provide this counseling, the applicant UP funds in a single ‘‘notional’’ account administer proposed GEAR UP savings would need to agree to identify highly that permits returning unused Federal accounts. qualified individuals to provide the GEAR UP funds to the Department as The savings account trustee and counseling and require counselors to described in the Proposed Priority 2: savings account administrator would participate in Department-provided College Savings Accounts Research need to be separate and distinct entities, professional development for GEAR UP Demonstration Project section of this not part of the same organization, with or school staff. notice, separate from any non-Federal the exception that both trustee and Lastly, section 404C(b) of the HEA funds, and to keep track of the amount administrator could be part of or requires that unless the State has of Federal GEAR UP seed and matching affiliated with the State government but received a waiver under section funds and accrued interest earned by in different agencies. 404C(b)(2), a State receiving a GEAR UP each student. The non-Federal funds During the grant project period, program award must provide not less would be maintained separately by the modest administrative fees, not to than 50 percent of the costs of each

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year’s project from State, local, the college savings account and identifiable information from the institutional or private funds. See also counseling intervention. To ensure that students’ education records that has not 34 C.F.R. § 694.7 through § 694.9. For the evaluation contractor has the been designated as directory purposes of this non-Federal match information needed to conduct this information to establish college savings requirement, the Department proposes examination, this priority would require accounts; however, we recognize that at to treat grants awarded under this applicants and those local educational some point students or their parents research demonstration project as agency and school officials submitting may be required to provide a Social supplementing a State’s regular GEAR letters of support, as described below, to Security Number or other Taxpayer UP award, albeit for a defined purpose. agree to participate in the data Identification Number to the account collection conducted by the administrator and/or trustee for tax Research Evaluation Department’s evaluator, which will purposes, that having such a The proposed evaluation would include, among other items, surveys of requirement may depend on the type of require 10,000 students to receive the State project directors and staff account opened and whether the funds services described in the already regarding implementation of the project in that account are Federal or private, approved, regular State GEAR UP and surveys of students and parents and that, under FERPA, a school or LEA application as well as GEAR UP about their participation in GEAR UP may not disclose a Social Security supported savings accounts, financial program activities in general and other Number to the account administrator incentives, and financial counseling college savings programs. The and/or trustee without prior, written, (treatment services). An additional Department’s evaluator also will collect parental consent. We invite comments 10,000 students will serve as a control certain information about students in from the public on this topic. group and receive services described in the treatment schools and control We also request public comment on the already approved, regular State schools and data on the college savings the merits and drawbacks of different GEAR UP application with no savings accounts established under this project. types of college savings accounts that accounts, additional financial An applicant is also required to States would employ to implement the incentives, or additional counseling distribute letters to parents or guardians College Savings Accounts and Financial intervention. While, for purposes of the notifying them about plans for Counseling section of this notice. In evaluation methodology, each of the administration of the student survey by particular: participating schools would need to the evaluator and the release of Should the notice of final priorities serve at least 50 GEAR UP participants designated ‘‘directory information’’ from for this program require a certain type who will be in 9th grade during the the education records of the student to of account for all students across all 2013–2014 academic year, the goal is to the savings account administrator, the participating GEAR UP programs? attain a sample of approximately 100 savings account trustee, or both, as Is there any arrangement under which schools, each serving an average of 200 needed to establish and manage the college savings accounts that involve students enrolled in 9th grade. Thus, college savings accounts, along with a only Federal funds and college savings under this proposed priority, each form that allows parents or guardians to accounts that would also involve private applicant would need to agree to the opt out of participation in the savings funds may be established without need random assignment by the evaluation accounts. (The Department will provide for a parent’s or child’s Social Security contractor of one-half of the high a sample parent/guardian letter and opt Number or other Taxpayer Identification schools to receive treatment services out form.) Number? (treatment schools) and one-half to be in The LEAs in the applications must When finalizing this requirement, we the control group (control schools). take steps to allow for student will take into consideration the public In addition to any other GEAR UP information to be shared in compliance comments we receive on these issues. services offered by these schools, with Federal law with the savings In addition, in accordance with treatment schools must offer to GEAR account administrator, the savings FERPA, if any parents or guardians of a UP participants who are in the 9th grade account trustee, or both, as needed to student have opted out of the disclosure in the 2013–14 academic year the establish and manage the college of this ‘‘directory information,’’ the college savings account and counseling savings accounts. Under the provisions school or LEA will not provide intervention described in the College of FERPA and its implementing ‘‘directory information’’ on that student Savings Account and Financial regulations, each of the LEAs in the to the savings account administrator or Counseling section of this priority. application or schools therein must the savings account trustee and that States receiving grants under this have provided public notice that the student will not have a savings account competition must continue to offer the district or school has designated as with GEAR UP seed money opened in matching funds and counseling to GEAR ‘‘directory information’’ under FERPA his or her name, unless the parent or UP students in treatment schools the student’s name, grade level, address, guardian of that student provides through the students’ expected dates of and date of birth. The purpose of consent under 34 CFR 99.30. high school graduation in spring 2017. requiring that this information be To ensure there is adequate support The remainder of the identified high designated as ‘‘directory information’’ for the applicant’s participation in this schools will be control schools that will under FERPA is to allow both college research demonstration project, we are not offer the college savings accounts savings accounts—the ‘‘notional’’ also proposing that a State include in its and counseling intervention but will account that contains the Federal GEAR application— continue to offer regular GEAR UP UP funds and the account that contains • Letters from both the relevant State services. family or other private savings—to be Educational Agency (SEA), or other The evaluation will examine the effect established, if possible, through State agency that is the GEAR UP of the college savings account and disclosure of this information to the grantee, and participating LEAs agreeing counseling intervention on student and savings account administrator, the to provide the relevant data to the family behaviors and their attitudes savings account trustee, or both. We do Department’s evaluator, including associated with attending college. The not believe that a school or LEA would rosters of students and their evaluation will also provide descriptive need to disclose students’ Social administrative records for students in information on the implementation of Security numbers or other personally both the treatment group and the control

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group in order to permit an evaluation (a) Have received a new GEAR UP interest-bearing, Federally insured of this Federally-supported education State grant in FY 2011 or FY 2012 that deposit account, U.S. Government program; supports activities in multiple high Treasury securities, or a fully • A letter from the principal of each schools, each of which must serve at guaranteed savings option within a 529 high school identified in the application least 50 GEAR UP participants who will College Savings plan. Accounts may agreeing to participate in all aspects of be in 9th grade during the 2013–2014 also present students and families with the evaluation and grant; and academic year; investment options that present risks in • A letter from the superintendent of (b) Use the cohort approach (see exchange for the potential for larger each LEA overseeing the schools in the section 404B(d)(1) of the HEA) to select returns but that are in no way evaluation, agreeing to (1) cooperate in participating GEAR UP students; and guaranteed. all aspects of the evaluation, including (c) Identify in its application the (2) Ensure that Federal funds are random assignment of schools, allowing names of the GEAR UP high schools maintained in a single ‘‘notional’’ the GEAR UP program to offer the expected to participate in the account that is in fact separate from any college savings account and counseling demonstration and the number of GEAR non-Federal funds, tracks the amount of intervention, and (2) ensure that the UP participants expected to be in 9th Federal GEAR UP seed and matching LEA or schools in the LEA have grade during the 2013–2014 academic funds and accrued interest earned by publically designated as ‘‘directory year at each GEAR UP school identified. each student, permits each student to information’’ student’s names, Proposed Priority 2: College Savings see both the Federal funds and addresses, grade levels, and dates of associated interest earned as well as any birth so that this information can be Accounts Research Demonstration Project non-Federal funds in a single account provided, assuming that the parents and statement, and is invested only in guardians have not opted out of the To meet this priority, and as federally insured vehicles or U.S. disclosure of their child’s ‘‘directory described in the College Savings Treasury securities; information,’’ to the savings account Accounts and Financial Counseling (3) Ensure that the non-Federal administrator, the savings account section of this priority, an applicant investments are in U.S. Government trustee, or both to assist with must submit in its application a Treasury securities or a low- or no-fee establishing and managing the college comprehensive plan for providing (1) age-based fund unless the parents or savings accounts for students in the students in the GEAR UP high schools student choose otherwise; treatment schools that are in the 9th identified by the applicant with safe and (4) Open savings accounts for grade in 2013–2014 academic year. affordable deposit accounts at federally students in automatic or nearly Moreover, while we intend, if insured banks, credit unions, or other automatic fashion and describe how the possible, that the provision of school or institutions that offer safe and affordable savings account enrollment approach LEA directory information to the financial services consistent with entails or approximates an automatic account administrator, trustee, or both provisions of this Priority, and (2) enrollment framework. Automatic would be sufficient to establish the financial incentives to encourage saving enrollment means parents and students student savings accounts, we and related financial counseling to are not required to opt into the account, understand that different schools and students and parents. but may opt out of it. If parents and LEAs may define directory information An applicant also must agree in its students take no action, the account is differently and have differing policies application to participate in an opened. Action is required to decline for its disclosure. Therefore, the LEA evaluation of this college savings participation. superintendent’s letter of support would account demonstration project that will also need to include— examine the effect of college savings Note: Applicants are also encouraged to • An assurance that the LEA has in accounts and counseling on student and propose automatic savings options, such as automatic payroll deductions by parents of place, or will have in place by July 1, family behaviors and attitudes participating students. 2013, directory information policies that associated with college enrollment, as allow for student information, including described in the Research Evaluation (5) Ensure that individual deposits the student’s name, grade level, address, section of this priority. The could be made easily and at no cost by and date of birth, to be shared in Department’s Institute of Education the student, the student’s parents, or compliance with Federal law with the Sciences (IES) in partnership with the others on the student’s behalf; that savings account administrator, the Office of Postsecondary Education deposits would be able to be made savings account trustee, or both, as (OPE) will oversee the evaluation, online, including on mobile devices, in needed to assist with establishing and which will be conducted by an IES person at convenient locations, and by managing the college savings accounts. evaluation contractor. mail; and that account information would be viewable online, including on Proposed Priorities I. College Savings Accounts and mobile devices; and Under 34 CFR 75.105(c), the Secretary Financial Counseling (6) Ensure that funds are held in the proposes the following priorities for a The applicant must describe in its name of the account trustee described in research demonstration project to application its plan for implementing paragraph (k) of part I of this priority determine the effectiveness of college savings accounts and financial with the participating students named implementing college savings accounts counseling, including how it will, as beneficiaries. and providing financial counseling in preferably at the time of application, but (b) Federal Seed and Matching conjunction with other GEAR UP no later than in time to have all savings activities as part of an overall college accounts operational before the start of Provide for Federal seed and access and success strategy. These the 2013–2014 school year— matching of Federal funds in student proposed priorities are as follows: savings accounts for students in (a) Student Savings Accounts participating treatment high schools as Proposed Priority 1: Funding Eligibility (1) In partnership with a financial follows: To meet this priority, an applicant institution, provide students with an (1) Within two weeks of the beginning must— account that allows saving in an of students’ 9th grade school year in the

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fall of 2013, seed each student’s account (e) Withdrawal and Transfer of Non- students and their families to make with $200 in Federal GEAR UP funding. Federal Funds informed financial decisions about (2) Each month, for every contribution Establish rules for the withdrawal and college and other matters. Counseling up to $10 beyond the initial seed transfer of non-Federal funds, which must include at least 12 hours per year amount the student or family deposits must include a requirement that any of counseling for students and at least biannual counseling meetings for into the student’s account, deposit an withdrawal or transfer of non-Federal parents, which must include a review of additional equal size contribution up to funds must be overseen by the account the contributions to the account and any $10 of Federal GEAR UP funding into trustee. A withdrawal of non-Federal interest accrued. The counseling must the account, for a maximum of $120 in funds from the savings account for non- be in addition to, and may not serve as, Federal matching funds each year for a qualified purposes will result in a the financial aid, financial literacy, or maximum of four years. removal of Federal matching funds that college savings counseling already have been contributed on behalf of the (3) Notwithstanding the monthly cap provided as part of regular GEAR UP student if the amount of non-Federal on contributions referenced in services. paragraph two above, once per quarter funds remaining in the account after the during each calendar year during the non-qualified withdrawal is less than (h) Staff Professional Development and project period, on a date approved by the total amount of Federal matching Coordination With the Department the Department, offer students and funds contributed (not including the (1) Agree to participate in parents a two-week catch-up period if $200 Federal seed). Department-provided professional the student has not earned the For example, if student and parent development for the GEAR UP or school maximum monthly match for that year contributions total $140, Federal GEAR staff who will deliver the financial and encourage students and families to UP matches total $120, and the student planning and counseling described in make contributions at least sufficient to withdraws $50 in non-Federal funds for paragraph (g) of part I of this priority. earn up to the maximum Federal match. non-qualified purposes, then $30 in (2) Ensure that the project director of Federal GEAR UP matching funds the project participates in a meeting in (4) Ensure that if, at the end of each earned up until that point would be calendar year, the student has not Washington, DC, in the fall of 2012 to removed from the account because the discuss the logistical and administrative exhausted the Federal match, any amount of non-Federal funds remaining unearned matching funds would no issues in setting up the college savings in the account after the non-qualified accounts. longer be available to that student or to withdrawal—$90—is $30 less than the the applicant and would be returned to amount of Federal matching funds (i) Site Coordination the Department. contributed. The Federal matching Designate a site coordinator for each (c) Non-Federal Seed and Matching funds could be earned back in catch-up GEAR UP high school that participates periods during that same year. The $200 in the demonstration and describe the Not provide additional seed or seed money provided with Federal role of the coordinator and to whom he matching funding from GEAR UP or GEAR UP funds will not be removed or she will be accountable. The site non-GEAR UP resources to participating from the account. coordinators in schools that are students. randomly selected to provide college (f) Student Eligibility (d) Withdrawal and Transfer of Federal savings accounts and financial Establish student eligibility to receive Funds counseling (treatment schools) have Federal GEAR UP funds as seed and responsibility, exercised consistent with Provide for the withdrawal and match for GEAR UP student savings the State’s plan and approved project transfer of Federal GEAR UP funds as accounts as follows: application, for ensuring that their follows: (1) Students must be enrolled in the schools meet all requirements for 9th grade in one of the randomly participating in the college savings (1) The applicant must ensure that selected treatment high schools (as demonstration project. Coordinators withdrawals of Federal GEAR UP funds described in the Research Evaluation must, for example, ensure that college are made only upon approval of the section of this priority) in the fall of savings accounts are opened and seeded savings account trustee and are only 2013. within two weeks of the start of 9th made from the account to eligible (2) If a student does not use funds in grade, that related financial counseling students, or to an institution of higher the student’s account within six years of and coaching are provided to education on behalf of a student upon his or her scheduled completion of participating students and parents, and that student’s enrollment in an HEA secondary school, the undisbursed that schools cooperate with data title IV-eligible institution of higher Federal GEAR UP funds must be collection for the evaluation. (See the education for the purposes of paying for returned to the Department. Research Evaluation section of this tuition, fees, course materials, living (3) Students who transfer from a priority for further information on expenses, and other covered educational GEAR UP high school to a non-GEAR selection of the treatment schools). Site expenses as defined in the HEA. UP high school during the project coordinators in schools that are not (2) An account trustee may not period will continue to remain eligible participating in the college savings withdraw Federal GEAR UP funds for for the matching funds from the grantee. account and counseling intervention non-qualified purposes and may not (g) Financial Counseling (control schools) must ensure that their transfer them to other individuals. If schools cooperate with the data this rule is broken, the Department may Provide general and targeted (that is, collection for the evaluation. require the applicant to terminate its specific to each individual’s account relationship with the trustee and select and financial circumstances) savings (j) Savings Account Administrator a different entity to serve as savings account and financial counseling to Select a savings account administrator account trustee. The initial trustee may students in the treatment group and to to hold the account funds, accept be subject to penalties for misuse of their parents. Counseling should deposits, and issue qualified Federal funds. encourage regular saving and prepare withdrawals. The applicant must

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identify the account administrator in the trustee, or both, as needed to assist with application. A State that would need to application or describe the process by establishing and managing the college provide other non-Federal funds in order to which the account administrator will be savings accounts, and distributing forms meet the statutory match requirement tied to selected. enabling parents or guardians to opt out GEAR UP funds provided for research demonstration project would need to include The account administrator must be of participation in the research with its application a budget of how it able to fulfill its role until all Federal demonstration project. (The Department proposed to do so. Contributions of students, funds have been disbursed or returned will provide a sample parent/guardian families, parents’ employers, community- to the Department. During the grant letter and opt out form.) The grantee based organizations, religious organizations, project period, modest administrative coordinator must also include aggregate and others to student savings account could fees, not to exceed one percent of information about the college savings be treated as a matching contribution, but, if account balances, could be paid to the account demonstration project in the during any project year these private savings account administrator with contributions to savings account were less grantee’s annual performance report to than anticipated, a State would have to Federal GEAR UP funds to cover the Department, including the number ensure by the end of each project year that expenses related to the GEAR UP of accounts opened and the total it had met the annual matching requirement college savings account demonstration amount of Federal GEAR UP matching through other non-Federal contributions to project. funds deposited on behalf of students. this project or the regular GEAR UP activities. (k) Savings Account Trustee The grantee coordinator must also respond to the evaluators’ annual Select a savings account trustee to request for information on individual (o) Budget manage the account funds and approve student accounts, including the timing Provide a budget and budget narrative withdrawals and other account and amounts of disbursements of seed with projected charges of Federal GEAR activities. The account trustee must and matching funds, and the student’s UP funds and any non-Federal matching have demonstrated experience in name, address, and date of birth. contributions, that describes the successfully managing financial expected costs of implementing the (m) Directory Information Policies services. The applicant must identify proposed project, including provision of the account trustee in the application or Include only districts or schools that payment to the account administrator, describe the process by which the will have directory information policies the account trustee, or both of account trustee will be selected. in place prior to July 1, 2013, that allow reasonable costs for managing the The account trustee must be able to for student information to be shared in savings accounts according to fulfill its role until all Federal funds compliance with Federal law with the requirements of this section. have been disbursed or returned to the savings account administrator, the Department. The account trustee may savings account trustee, or both, as II. Research Evaluation not be a student’s parent or other needed to establish and manage the The applicant must describe in its individual, and must be separate and college savings accounts. Under the application its agreement to the distinct from the account administrator. provisions of FERPA and its following: The trustee must be a State agency, such implementing regulations (20 U.S.C. (a) Random Assignment of Schools. as a State Department of Treasury, 1232g and 34 CFR part 99), each of the An applicant must— Office of the Governor, Lieutenant LEAs or schools in the application must (1) Agree to a random assignment by Governor, or Comptroller, a tax-exempt have provided public notice that the the evaluation contractor of one-half of non-profit organization or foundation, district or schools have designated as the high schools identified in its or for-profit organization or business ‘‘directory information’’ under FERPA application to for their students to with demonstrated expertise and the student’s name, address, grade level, receive treatment services (treatment experience in successfully managing and date of birth. In addition, in schools). In addition to any GEAR UP financial services. During the grant accordance with FERPA, if any parents services offered at these schools, GEAR project period, modest administrative or guardians of a student has opted out UP projects must offer, at these fees, not to exceed one percent of of the disclosure of this ‘‘directory treatment schools, the college savings account balances, could be paid to the information,’’ the school or LEA will not account and financial counseling savings account trustee with Federal provide the ‘‘directory information’’ for intervention in accordance with priority GEAR UP funds to cover expenses that student to the savings account 1 (Funding Eligibility). The students in related to the GEAR UP college savings administrator, the savings account the remainder of the high schools account demonstration project. trustee, or both, as needed to assist with (control schools) will not receive the college savings account and financial (l) Grantee Coordinator establishing the college savings accounts, and savings accounts with counseling intervention but will Specify a person or persons at the GEAR UP seed money will not be continue to receive regular GEAR UP State and LEA level who will administer opened in his or her name, unless the services. and coordinate all components of the parent or guardian of that student (2) Agree not to offer a program that demonstration, including provision of provides consent under 34 CFR 99.30. provides seed or matching funds for services provided by the GEAR UP high college savings accounts in the control schools, monitoring the rules (n) Grantee Non-Federal Match schools for the duration of the GEAR UP established for and activities carried out Requirement grant. by the savings account administrators Meet the statutory non-Federal match (b) Data Collection. (1) The applicant and trustees including distribution of requirement (see section 404C(b) of the and the LEA(s) and GEAR UP high letters, notifying parents or guardians HEA.) schools that would like to implement about the administration of the student college savings accounts (some of which survey by the evaluator and about the Note: A State grantee would meet the will become control schools) must agree statutory match requirement tied to these release of designated ‘‘directory additional research demonstration project to participate in the data collection information’’ from the education records funds through any ‘‘over-matched’’ non- conducted by the Department’s of the student to the savings account Federal funds it already is committed to evaluator, which will include the administrator, the savings account providing under its regular GEAR UP following:

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(i) Two surveys of GEAR UP project (1) Letters of support from the participants consistent with the directors at the SEA or LEA level and relevant LEAs. Unless the SEA agrees in priorities and requirements in this site coordinators at each school about the application to provide this same notice; and the implementation of the college data on its own, these letters of support (iii) Regardless of whether the schools savings account and counseling also must contain the LEA’s agreement are in the treatment or control group, an intervention, including the extent to to provide the relevant school records agreement to provide to the evaluation which the college savings account data to the evaluation contractor, contractor rosters of GEAR UP counseling was provided in the including the following school records participants who are in the 9th grade in treatment schools and counseling and data for GEAR UP participants who are fall 2013, including identifying other services were provided under the enrolled in the 9th grade in the information (such as student names, GEAR UP grant in both treatment and treatment schools and control schools in dates of birth, zip codes, or district or control schools; the fall 2013, regardless of whether the school identification numbers) that will (ii) Two surveys of GEAR UP students student has continued to be enrolled in enable the contractor to request the about their participation in GEAR UP his or her original high school: administrative records from the State or program activities and other college (i) Scores on State or district- LEA about the appropriate students. access programs; their expectations administrated assessments of reading (iv) An agreement to have district or about college enrollment and costs; their and math for the 7th and 8th grades and school directory information policies in knowledge about college savings and high school years; place prior to July 1, 2013 that allow for financial aid; their financial literacy; (ii) High school attendance; student information to be shared in their plans for enrollment in college- (iii) High school courses in which the compliance with Federal law with the preparatory courses; and their financial student was enrolled and grades and savings account administrator, the behaviors, including the extent to which credits received for those courses; savings account trustee, or both, as they are saving for college; (iv) Demographic information such as needed to establish and manage the (iii) Two surveys of parents of gender, race/ethnicity, parents’ college savings accounts. Under the students participating in the GEAR UP educational attainment, English provisions of the FERPA and its program, in a form that will be proficiency, and the extent to which a implementing regulations, each of the comprehensible to parents of English language other than English is spoken at LEAs in the application or schools language learners, about their home; therein must have provided public participation in GEAR UP program (v) Whether the student is certified as notice that the district or school has activities and other college access eligible for free or reduced price lunch designated as ‘‘directory information’’ programs; their expectations about their through the National School Lunch under FERPA the student’s name, grade child’s college enrollment and costs; Program; and level, address, and date of birth. In their knowledge about college savings (vi) Whether the student has an addition, in accordance with FERPA, if and financial aid; their financial individualized education program. any parents or guardians of a student literacy; and their financial decisions, (2) A letter from the principal of each has opted out of the disclosure of this including the extent to which they are high school identified in the application student directory information, the saving for college; agreeing to participate in all aspects of school or LEA will not provide (iv) For treatment schools, data on the the evaluation and grant, including: ‘‘directory information’’ on that student extent to which their staff attend the (i) Random assignment of the high to the savings account administrator or required professional development; school; (v) For both treatment and control (ii) If randomly selected to implement the savings account trustee and savings schools, rosters of all GEAR UP the intervention, allowing the GEAR UP accounts with GEAR UP seed money participants who are in the 9th grade in program to offer the college savings will not be opened in his or her name, fall 2013, including the names of the account and counseling intervention to unless the parent or guardian of that students, and other identifying eligible GEAR UP participants at the student provides consent under 34 CFR information (such as their dates of birth, principal’s high school; and 99.30. zip codes, or district or school (iii) Regardless of whether a school is Types of Priorities: identification numbers) that will enable in the treatment or control group, When inviting applications for a the Department’s evaluator to request provision to the evaluation contractor of competition using one or more the administrative records from the rosters of GEAR UP participants who are priorities, we designate the type of each State or LEA about the appropriate in the 9th grade in fall 2013, including priority as absolute, competitive students; identifying information (such as student preference, or invitational through a (vi) Access to the appropriate State or names, dates of birth, zip codes, or notice in the Federal Register. The LEA school administrative records, district or school identification effect of each type of priority follows: which will be used to measure student numbers) that will enable the contractor Absolute priority: Under an absolute characteristics and achievement prior to to request the administrative records priority, we consider only applications the 9th grade, student attendance, from the State or LEA about the that meet the priority (34 CFR course taking patterns, and credits in appropriate students. 75.105(c)(3)). grades 9–12 for students in the (3) Letter from the superintendent of Competitive preference priority: treatment and control schools; each LEA overseeing the schools in the Under a competitive preference priority, (viii) From the grantee, annual evaluation, agreeing to all aspects of the we give competitive preference to an information on individual student evaluation and grant, including— application by (1) awarding additional accounts, including the timing and (i) Random assignment of the high points, depending on the extent to amounts of disbursements of seed and schools; which the application meets the priority matching funds, and the student’s name, (ii) If randomly selected to implement (34 CFR 75.105(c)(2)(i)); or (2) selecting address, and date of birth. the intervention, an agreement allowing an application that meets the priority (c) Letters of Support. Each applicant the State GEAR UP program to offer the over an application of comparable merit must include in its application the college savings account and financial that does not meet the priority (34 CFR following: counseling to eligible GEAR UP 75.105(c)(2)(ii)).

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Invitational priority: Under an (1) Propose or adopt regulations only 10,000 GEAR UP students and parents, invitational priority, we are particularly on a reasoned determination that their and the evidence gained about the effect interested in applications that meet the benefits justify their costs (recognizing of providing these in the context of priority. However, we do not give an that some benefits and costs are difficult GEAR UP support services. application that meets the priority a to quantify); Intergovernmental Review: This preference over other applications (34 (2) Tailor its regulations to impose the program is subject to Executive Order CFR 75.105(c)(1)). least burden on society, consistent with 12372 and the regulations in 34 CFR Final Priorities: obtaining regulatory objectives and part 79. One of the objectives of the We will announce the final priorities taking into account—among other things Executive Order is to foster an in a notice in the Federal Register. We and to the extent practicable—the costs intergovernmental partnership and a will determine the final priorities after of cumulative regulations; strengthened federalism. The Executive considering responses to this notice and (3) In choosing among alternative Order relies on processes developed by other information available to the regulatory approaches, select those State and local governments for Department. This notice does not approaches that maximize net benefits coordination and review of proposed preclude us from proposing additional (including potential economic, Federal financial assistance. priorities subject to meeting applicable environmental, public health and safety, This document provides early rulemaking requirements. and other advantages; distributive notification of our specific plans and impacts; and equity); actions for this program. Note: This notice does not solicit (4) To the extent feasible, specify applications. In any year in which we choose Accessible Format: Individuals with to use one or more of these priorities, we performance objectives, rather than the disabilities can obtain this document in invite applications through a notice in the behavior or manner of compliance a an accessible format (e.g., braille, large Federal Register. regulated entity must adopt; and print, audiotape, or compact disc) on (5) Identify and assess available request to the program contact person alternatives to direct regulation, Executive Orders 12866 and 13563 listed under FOR FURTHER INFORMATION including economic incentives—such as CONTACT. Regulatory Impact Analysis user fees or marketable permits—to Electronic Access to This Document: Under Executive Order 12866, the encourage the desired behavior, or The official version of this document is Secretary must determine whether this provide information that enables the the document published in the Federal regulatory action is ‘‘significant’’ and public to make choices. Register. Free Internet access to the therefore subject to the requirements of Executive Order 13563 also requires official edition of the Federal Register the Executive order and subject to an agency ‘‘to use the best available and the Code of Federal Regulations is review by Office of Management and techniques to quantify anticipated available via the Federal Digital System Budget (OMB). Section 3(f) of Executive present and future benefits and costs as at: www.gpo.gov/fdsys. At this site you Order 12866 defines a ‘‘significant accurately as possible.’’ The Office of can view this document, as well as all regulatory action’’ as an action likely to Information and Regulatory Affairs of other documents of this Department result in a rule that may— OMB has emphasized that these published in the Federal Register, in (1) Have an annual effect on the techniques may include ‘‘identifying text or Adobe Portable Document economy of $100 million or more, or changing future compliance costs that Format (PDF). To use PDF you must adversely affect a sector of the economy, might result from technological have Adobe Acrobat Reader, which is productivity, competition, jobs, the innovation or anticipated behavioral available free at the site. You may also environment, public health or safety, or changes.’’ access documents of the Department State, local or tribal governments, or We are issuing these proposed published in the Federal Register by communities in a material way (also priorities only on a reasoned using the article search feature at: referred to as an ‘‘economically determination that the benefits justify www.federalregister.gov. Specifically, significant’’ rule); the costs. In choosing among alternative (2) Create serious inconsistency or regulatory approaches, we selected through the advanced search feature at otherwise interfere with an action taken those approaches that maximize net this site, you can limit your search to or planned by another agency; benefits. The Department believes that documents published by the (3) Materially alter the budgetary this proposed regulatory action is Department. impacts of entitlement grants, user fees, consistent with the principles in Dated: May 25, 2012. or loan programs or the rights and Executive Order 13563. Eduardo M. Ochoa, obligations of recipients thereof; or We also have determined that this Assistant Secretary for Postsecondary (4) Raise novel legal or policy issues regulatory action would not unduly Education. arising out of legal mandates, the interfere with State, local, and tribal [FR Doc. 2012–13232 Filed 5–31–12; 8:45 am] President’s priorities, or the principles governments in the exercise of their BILLING CODE 4000–01–P set forth in the Executive Order. governmental functions. This proposed regulatory action is not In accordance with both Executive a significant regulatory action subject to orders, the Department has assessed the review by OMB under section 3(f) of potential costs and benefits of this DEPARTMENT OF ENERGY Executive Order 12866. regulatory action. The potential costs We have also reviewed these associated with this proposed regulatory Office of Energy Efficiency and priorities under Executive Order 13563, action are those resulting from statutory Renewable Energy which supplements and explicitly requirements and those we have Developing Large-Scale Renewable reaffirms the principles, structures, and determined as necessary for Energy Projects at Federal Facilities definitions governing regulatory review administering this program effectively Using Private Capital Draft established in Executive Order 12866. and efficiently. The potential benefits To the extent permitted by law, are those resulting from the provision of AGENCY: Office of Energy Efficiency and Executive Order 13563 requires that an college savings accounts, financial Renewable Energy, Department of agency— incentives, and financial counseling to Energy (DOE).

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ACTION: Notice of availability. develop large-scale renewable energy County Kentucky. Lands managed by projects? the Federal government are located SUMMARY: DOE is releasing for public 3. Does the graphic in Figure 1 within the project boundary. comment a draft guidebook entitled reasonably portray the developer and g. Filed Pursuant to: Federal Power Federal Renewable Energy Guide: financier processes? If not, please Act 16 U.S.C. 791(a)—825(r) . Developing Large-Scale Renewable recommend changes. h. Applicant Contact: David Brown Energy Projects at Federal Facilities 4. Do you agree with the seven Kinloch, Lock 14 Hydro Partners, 414 S. Using Private Capital. DOE will categories of project development Wenzel Street, Louisville, Kentucky consider comments and outlined in Section II and expanded on 40204, (502) 589–0975. recommendations on the draft in Appendix B? i. FERC Contact: Michael Spencer, guidebook, which is available at: 5. Are the terms referring to the stages (202) 502–6093, http://www1.eere.energy.gov/femp/pdfs/ of the process that developers and [email protected]. largereguide.pdf. financiers use to develop large-scale j. Cooperating agencies: Federal, state, DATES: DOE will accept comments, data, renewable energy projects accurate? local, and tribal agencies with and information regarding this draft Would you use any different terms? If jurisdiction and/or special expertise guidebook no later than July 2, 2012. so, can you define those terms for a with respect to environmental issues that wish to cooperate in the ADDRESSES: You may submit comments general audience? 6. What items would you add to the preparation of the environmental by any of the following methods: document should follow the 1. Email to: checklists in Appendix B? instructions for filing such requests [email protected]. 7. Would renewable energy described in item l below. Cooperating Include ‘‘Comments—[Name/ developers be interested in pursuing agencies should note the Commission’s Organization]’’ in the subject line of the large-scale renewable energy projects at policy that agencies that cooperate in email. Please include the full body of Federal facilities that follow the steps the preparation of the environmental your comments in the text of the outlined in this guidebook? document cannot also intervene. See, 94 message or as an attachment. 8. What, if anything, is this guidebook FERC ¶ 61,076 (2001). 2. Mail: Address written comments to missing? k. Pursuant to section 4.32(b)(7) of 18 Anne Crawley, U.S. Department of This draft guidebook is available at: CFR of the Commission’s regulations, if Energy, Office of Energy Efficiency and http://www1.eere.energy.gov/femp/pdfs/ any resource agency, Indian Tribe, or Renewable Energy, Federal Energy largereguide.pdf. DOE will accept person believes that an additional Management Program (EE–2L), 1000 comments and information regarding scientific study should be conducted in Independence Avenue SW., the draft guidebook no later than the order to form an adequate factual basis Washington, DC 20585–0121. date specified in the DATES section. for a complete analysis of the Because of potential delays in DOE’s More information on DOE’s FEMP is application on its merit, the resource receipt and processing of mail sent available at: http:// agency, Indian Tribe, or person must file through the U.S. Postal Service, we www1.eere.energy.gov/femp/. a request for a study with the encourage respondents to submit Issued in Washington, DC, on May 24, Commission not later than 60 days from comments electronically to ensure 2012. the date of filing of the application, and timely receipt. Timothy D. Unruh, serve a copy of the request on the FOR FURTHER INFORMATION CONTACT: Mrs. Program Manager, DOE–EERE Federal Energy applicant. Management Program. Anne Crawley, U.S. Department of l. Deadline for filing additional study Energy, Office of Energy Efficiency and [FR Doc. 2012–13287 Filed 5–31–12; 8:45 am] requests and requests for cooperating Renewable Energy, Federal Energy BILLING CODE 6450–01–P agency status: July 15, 2012. Management Program (EE–2L), 1000 All documents may be filed Independence Ave. SW., Washington, electronically via the Internet. See 18 DC 20585–0121; (202) 586–1505; DEPARTMENT OF ENERGY CFR 385.2001(a)(1)(iii) and the [email protected]. Federal Energy Regulatory instructions on the Commission’s Web SUPPLEMENTARY INFORMATION: The draft Commission site http://www.ferc.gov/docs-filing/ guidebook, entitled Federal Renewable efiling.asp. Commenters can submit Energy Guide: Developing Large-Scale [Project No. 13213–003] brief comments up to 6,000 characters, Renewable Energy Projects at Federal without prior registration, using the Lock 14 Hydro Partners; Notice of Facilities Using Private Capital, eComment system at http://www.ferc. Application Tendered for Filing With provides guidance to Federal agencies gov/docs-filing/ecomment.asp. You the Commission and Soliciting on how to establish a project must include your name and contact Additional Study Requests development framework to allow information at the end of your Federal agencies to work effectively Take notice that the following comments. For assistance, please with private developers on the hydroelectric application has been filed contact FERC Online Support at implementation of large-scale renewable with the Commission and is available [email protected] or toll energy projects. for public inspection. free at 1–866–208–3676, or for TTY, FEMP specifically requests comment a. Type of Application: Major License (202) 502–8659. Although the and information with respect to the (5 Megawatts or less). Commission strongly encourages following issues: b. Project No.: 13213–003. electronic filing, documents may also be 1. Does Figure 3 in Section I c. Date filed: May 16, 2012. paper-filed. To paper-file, mail an sufficiently identify the private sector’s d. Applicant: Lock 14 Hydro Partners, original and seven copies to: Kimberly motivations and constraints related to LLC. D. Bose, Secretary, Federal Energy large-scale renewable energy projects? e. Name of Project: Heidelberg Regulatory Commission, 888 First Street 2. Does Section II accurately describe Hydroelectric Project. NE., Washington, DC 20426. the general process that renewable f. Location: On the Kentucky River, m. The application is not ready for energy developers and financiers use to near the Town of Heidelberg, Lee environmental analysis at this time.

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n. The Heidelberg Project consists of: DEPARTMENT OF ENERGY it became more economical and (1) An existing concrete lock and dam; operationally less complex for the City (2) an existing 182-acre reservoir having Federal Energy Regulatory to purchase its power needs rather than a storage capacity of 1,820-acre-feet; (3) Commission to generate power itself. At the same a powerhouse integral to the abandoned [Project Nos. 3939–022] time, the City’s water department saw lock containing four generating units for potential value in the Project facilities to a total installed capacity of 2,640 City of Denton; Notice of Application provide an improved low-flow release kilowatts; and (4) a 1,000-foot-long, Accepted for Filing, Soliciting system for the City’s water treatment 12.47 kilo-Volt transmission line. The Comments, Motions To Intervene, and plant. project is estimated to generate an Protests l. Locations of the Application: A average of 10,484,000 kilowatt-hours copy of the application is available for annually. The dam and existing project Take notice that the following inspection and reproduction at the facilities are owned by the Kentucky hydroelectric application has been filed Commission’s Public Reference Room, River Authority. with the Commission and is available located at 888 First Street NE., Room for public inspection: o. A copy of the application is 2A, Washington, DC 20426, or by calling a. Types of Application: Surrender of available for review at the Commission (202) 502–8371. This filing may also be License. in the Public Reference Room or may be viewed on the Commission’s Web site at b. Project Nos.: 3939–022. http://www.ferc.gov/docs-filing/ viewed on the Commission’s Web site at c. Date Filed: October 11, 2011. http://www.ferc.gov using the elibrary.asp. Enter the docket number d. Applicants: City of Denton. excluding the last three digits in the ‘‘eLibrary’’ link. Enter the docket e. Name of Projects: Ray Roberts docket number field to access the number excluding the last three digits in Hydroelectric Project. document. You may also register online the docket number field to access the f. Location: The project is located on at http://www.ferc.gov/docs-filing/ document. For assistance, contact FERC the Elm Fork of the Trinity River, in esubscription.asp to be notified via Online Support. A copy is also available Denton County, Texas, occupying lands email of new filings and issuances for inspection and reproduction at the of the United States and utilizing a dam related to this or other pending projects. address in item h above. and reservoir constructed and operated For assistance, call 1–866–208–3676 or You may also register online at http:// by the U.S. Army Corps of Engineers. email [email protected], for www.ferc.gov/docs-filing/ The nearest town is Aubrey, Texas. TTY, call (202) 502–8659. A copy is also esubscription.asp to be notified via g. Filed Pursuant to: Federal Power available for inspection and email of new filings and issuances Act, 16 U.S.C. 791a–825r. reproduction at the address in item (h) related to this or other pending projects. h. Applicant Contact: Mr. Tim Fisher, above. For assistance, contact FERC Online Assistant Director of Water Utilities, m. Individuals desiring to be included Support. 901–A Texas Street, Denton, Texas on the Commission’s mailing list should p. With this notice, we are initiating 26209, (940) 349–7190. so indicate by writing to the Secretary consultation with the Kentucky State i. FERC Contact: Mr. Anthony of the Commission. Historic Preservation Officer (SHPO), as DeLuca, (202) 502–6632, n. Comments, Protests, or Motions to required by section 106 of the National [email protected]. Intervene: Anyone may submit Historic Preservation Act and the j. Deadline for filing comments, comments, a protest, or a motion to regulations of the Advisory Council on motions to intervene, and protests, is 30 intervene in accordance with the Historic Preservation, 36 CFR 800.4. days from the issuance date of this requirements of Rules of Practice and notice. All documents may be filed q. Procedural schedule: The Procedure, 18 CFR 385.210, .211, .214. electronically via the Internet. See, 18 application will be processed according In determining the appropriate action to CFR 385.2001(a)(1)(iii) and the to the following preliminary Hydro take, the Commission will consider all instructions on the Commission’s web Licensing Schedule. Revisions to the protests or other comments filed, but site at http://www.ferc.gov/docs-filing/ schedule will be made as appropriate. only those who file a motion to efiling.asp. If unable to be filed intervene in accordance with the Issue Notice of Acceptance—July 2012 electronically, documents may be paper- Commission’s Rules may become a Issue Scoping Document 1 for filed. To paper-file, an original and party to the proceeding. Any comments, comments—August 2012 seven copies should be mailed to: protests, or motions to intervene must Comments on Scoping Document 1— Secretary, Federal Energy Regulatory be received on or before the specified October 2012 Commission, 888 First Street NE., comment date for the particular Washington, DC 20426. Commenters application. Issue Scoping Document 2—January can submit brief comments up to 6,000 o. Filing and Service of Responsive 2013 characters, without prior registration, Documents: Any filing must (1) Bear in Issue notice of ready for environmental using the eComment system at http:// all capital letters the title analysis—January 2013 www.ferc.gov/docs-filing/ ‘‘COMMENTS’’, ‘‘PROTEST’’, or Commission issues EA, draft EA, or ecomment.asp. You must include your ‘‘MOTION TO INTERVENE’’ as draft EIS—July 2013 name and contact information at the end applicable; (2) set forth in the heading Comments on EA or draft EA or draft of your comments. the name of the applicant and the EIS—August 2013 Please include the project numbers project number of the application to Commission issues final EA or final (P–3939–022) on any comments, which the filing responds; (3) furnish EIS—October 2013 motions, or recommendations filed. the name, address, and telephone k. Description of Request: The number of the person protesting or Dated: May 24, 2012. applicant proposes to surrender the intervening; and (4) otherwise comply Kimberly D. Bose, license for the Ray Roberts with the requirements of 18 CFR Secretary. Hydroelectric Project. The applicant 385.2001 through 385.2005. All [FR Doc. 2012–13268 Filed 5–31–12; 8:45 am] states they decided to withdraw from comments, motions to intervene, or BILLING CODE 6717–01–P the power generation business because protests must set forth their evidentiary

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basis and otherwise comply with the Shore Natural Gas Company, 1110 comments in support of or in opposition requirements of 18 CFR 4.34(b). All Forrest Avenue, Suite 201, Dover, to this project. The Commission will comments, motions to intervene, or Delaware, 19904, or by calling (302) consider these comments in protests should relate to project works 736–7624 (telephone) or (302) 734–6745 determining the appropriate action to be which are the subject of the license (fax) [email protected], or to Mr. Glen A. taken, but the filing of a comment alone surrender. Agencies may obtain copies DiEleuterio, P.E., Engineering Projects will not serve to make the filer a party of the application directly from the Manager, Eastern Shore Natural Gas to the proceeding. The Commission’s applicant. A copy of any protest or Company, 1110 Forrest Avenue, Suite rules require that persons filing motion to intervene must be served 201, Dover, Delaware, 19904, or by comments in opposition to the project upon each representative of the calling (302) 734–6710, ext. 6723 provide copies of their protests only to applicant specified in the particular (telephone) or (302) 735–5602 (fax) the party or parties directly involved in application. If an intervener files [email protected]. the protest. comments or documents with the Pursuant to Section 157.9 of the Persons who wish to comment only Commission relating to the merits of an Commission’s rules, 18 CFR 157.9, on the environmental review of this issue that may affect the responsibilities within 90 days of this Notice the project should submit an original and of a particular resource agency, they Commission staff will either: Complete two copies of their comments to the must also serve a copy of the document its environmental assessment (EA) and Secretary of the Commission. on that resource agency. A copy of all place it into the Commission’s public Environmental commenters will be other filings in reference to this record (eLibrary) for this proceeding, or placed on the Commission’s application must be accompanied by issue a Notice of Schedule for environmental mailing list, will receive proof of service on all persons listed in Environmental Review. If a Notice of copies of the environmental documents, the service list prepared by the Schedule for Environmental Review is and will be notified of meetings Commission in this proceeding, in issued, it will indicate, among other associated with the Commission’s accordance with 18 CFR 4.34(b) and milestones, the anticipated date for the environmental review process. 385.2010. Commission staff’s issuance of the final Environmental commenters will not be environmental impact statement (FEIS) required to serve copies of filed Dated: May 25, 2012. or EA for this proposal. The filing of the Kimberly D. Bose, documents on all other parties. EA in the Commission’s public record However, the non-party commenters Secretary. for this proceeding or the issuance of a will not receive copies of all documents [FR Doc. 2012–13276 Filed 5–31–12; 8:45 am] Notice of Schedule for Environmental filed by other parties or issued by the BILLING CODE 6717–01–P Review will serve to notify federal and Commission (except for the mailing of state agencies of the timing for the environmental documents issued by the completion of all necessary reviews, and Commission) and will not have the right DEPARTMENT OF ENERGY the subsequent need to complete all to seek court review of the federal authorizations within 90 days of Commission’s final order. Federal Energy Regulatory the date of issuance of the Commission Commission Motions to intervene, protests and staff’s FEIS or EA. comments may be filed electronically There are two ways to become [Docket No. CP12–461–000] via the internet in lieu of paper; see, 18 involved in the Commission’s review of CFR 385.2001(a)(1)(iii) and the this project. First, any person wishing to Eastern Shore Natural Gas Company; instructions on the Commission’s web obtain legal status by becoming a party Notice of Application site under the ‘‘e-Filing’’ link. The to the proceedings for this project Take notice that on May 14, 2012, should, on or before the comment date Commission strongly encourages Eastern Shore Natural Gas Company stated below, file with the Federal electronic filings. (Eastern Shore), filed in Docket No. Energy Regulatory Commission, 888 Comment Date: June 15, 2012. CP12–461–000, an application pursuant First Street NE., Washington, DC 20426, Dated: May 25, 2012. to section 7(c) of the Natural Gas Act a motion to intervene in accordance Kimberly D. Bose, (NGA) and Part 157 of the Commission’s with the requirements of the Secretary. regulations, requesting authorization to Commission’s Rules of Practice and [FR Doc. 2012–13275 Filed 5–31–12; 8:45 am] construct and operate approximately 11 Procedure (18 CFR 385.214 or 385.211) BILLING CODE 6717–01–P miles of 16-inch diameter mainline and the Regulations under the NGA (18 looping, including two mainline valve CFR 157.10). A person obtaining party assemblies and appurtenances, and a status will be placed on the service list DEPARTMENT OF ENERGY new pressure regulating station, all maintained by the Secretary of the located in New Castle and Kent Commission and will receive copies of Federal Energy Regulatory Counties, Delaware, all as more fully set all documents filed by the applicant and Commission forth in the application which is on file by all other parties. A party must submit [Project No. 13214–003] with the Commission and open to 14 copies of filings made with the public inspection. This filing may also Commission and must mail a copy to Lock 12 Hydro Partners; Notice of be viewed on the Commission’s Web the applicant and to every other party in Application Tendered for Filing With site at http://www.ferc.gov using the the proceeding. Only parties to the the Commission and Soliciting ‘‘eLibrary’’ link. Enter the docket proceeding can ask for court review of Additional Study Requests number, excluding the last three digits, Commission orders in the proceeding. in the docket number field to access the However, a person does not have to Take notice that the following document. For assistance, call (866) intervene in order to have comments hydroelectric application has been filed 208–3676 or TTY, (202) 502–8659. considered. The second way to with the Commission and is available Any questions regarding this participate is by filing with the for public inspection. application should be directed to Mr. Secretary of the Commission, as soon as a. Type of Application: Major License William B. Zipf, Vice-President, Eastern possible, an original and two copies of (5 Megawatts or less).

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b. Project No.: 13214–003. electronic filing, documents may also be Dated: May 24, 2012. c. Date filed: May 16, 2012. paper-filed. To paper-file, mail an Kimberly D. Bose, d. Applicant: Lock 12 Hydro Partners, original and seven copies to: Kimberly Secretary. LLC. D. Bose, Secretary, Federal Energy [FR Doc. 2012–13269 Filed 5–31–12; 8:45 am] e. Name of Project: Ravenna Regulatory Commission, 888 First Street BILLING CODE 6717–01–P Hydroelectric Project. NE., Washington, DC 20426. f. Location: On the Kentucky River, m. The application is not ready for near the Town of Ravenna, Estill County environmental analysis at this time. DEPARTMENT OF ENERGY Kentucky. Lands managed by the n. The Ravenna Project consists of: (1) Federal government are located within An existing concrete lock and dam; (2) Federal Energy Regulatory the project boundary. an existing 345-acre reservoir having a Commission g. Filed Pursuant to: Federal Power storage capacity of 3,450-acre-feet; (3) a Act 16 U.S.C. 791(a)—825(r). powerhouse within the abandoned lock [Project No. 8866–010] h. Applicant Contact: David Brown chamber containing four generating Kinloch, Lock 12 Hydro Partners, 414 S. units for a total installed capacity of William J. Stevenson, Estate of Lynn E. Wenzel Street, Louisville, Kentucky 2,640 kilowatts; and (4) a 1,500-foot- Stevenson, Black Canyon Bliss, LLC; 40204, (502) 589–0975. long, 12.47 kilo-Volt transmission line. Notice of Application for Transfer of i. FERC Contact: Michael Spencer, The project is estimated to generate an License, and Soliciting Comments and (202) 502–6093, average of 10,673,000 kilowatt-hours Motions To Intervene [email protected]. j. Cooperating agencies: Federal, state, annually. The dam and existing project On April 23, 2012, William J. local, and tribal agencies with facilities are owned by the Kentucky Stevenson, Estate of Lynn E. Stevenson jurisdiction and/or special expertise River Authority. (transferor) and Black Canyon Bliss, LLC with respect to environmental issues o. A copy of the application is (transferee) filed an application for the that wish to cooperate in the available for review at the Commission transfer of license for the Stevenson No. preparation of the environmental in the Public Reference Room or may be 2 Project (FERC No. 8866), located on an document should follow the viewed on the Commission’s Web site at unnamed stream which is a tributary of instructions for filing such requests http://www.ferc.gov using the the Snake River in Gooding County, described in item l below. Cooperating ‘‘eLibrary’’ link. Enter the docket Idaho. agencies should note the Commission’s number excluding the last three digits in Applicants seek Commission approval policy that agencies that cooperate in the docket number field to access the to transfer the license for the Stevenson the preparation of the environmental document. For assistance, contact FERC No. 2 Project from the transferor to the document cannot also intervene. See, 94 Online Support. A copy is also available transferee. FERC ¶ 61,076 (2001). for inspection and reproduction at the Applicants’ Contact: Mr. David Coats, k. Pursuant to section 4.32(b)(7) of 18 address in item h above. Black Canyon Bliss, LLC, c/o Triple C CFR of the Commission’s regulations, if You may also register online at http:// Concrete, 224 Read Avenue, Rupert, ID any resource agency, Indian Tribe, or www.ferc.gov/docs-filing/ 83350 and Christopher Capps, Project person believes that an additional esubscription.asp to be notified via Manager, 314 River Road, Bliss, ID scientific study should be conducted in email of new filings and issuances 83314 (208) 312–1958. order to form an adequate factual basis related to this or other pending projects. FERC Contact: Patricia W. Gillis (202) for a complete analysis of the For assistance, contact FERC Online 502–8735, [email protected]. application on its merit, the resource Support. Deadline for filing comments and agency, Indian Tribe, or person must file p. With this notice, we are initiating motions to intervene: 30 days from the a request for a study with the consultation with the Kentucky State issuance date of this notice. Comments Commission not later than 60 days from Historic Preservation Officer (SHPO), as and motions to intervene may be filed the date of filing of the application, and required by section 106 of the National electronically via the Internet. See 18 serve a copy of the request on the Historic Preservation Act and the CFR 385.2001(a)(1) and the instructions applicant. regulations of the Advisory Council on on the Commission’s Web site under l. Deadline for filing additional study Historic Preservation, 36 CFR 800.4. http://www.ferc.gov/docs-filing/ requests and requests for cooperating q. Procedural schedule: The efiling.asp. Commenters can submit agency status: July 15, 2012. application will be processed according brief comments up to 6,000 characters, All documents may be filed to the following preliminary Hydro without prior registration, using the electronically via the Internet. See 18 Licensing Schedule. Revisions to the eComment system at http://www.ferc. CFR 385.2001(a)(1)(iii) and the schedule will be made as appropriate. gov/docs-filing/ecomment.asp. You instructions on the Commission’s Web Issue Notice of Acceptance—July 2012 must include your name and contact site http://www.ferc.gov/docs-filing/ Issue Scoping Document 1 for information at the end of your efiling.asp. Commenters can submit comments—August 2012 comments. If unable to be filed brief comments up to 6,000 characters, Comments on Scoping Document 1— electronically, documents may be paper- without prior registration, using the October 2012 filed. To paper-file, an original plus eComment system at http://www.ferc. Issue Scoping Document 2—January seven copies should be mailed to: gov/docs-filing/ecomment.asp. You 2013 Kimberly D. Bose, Secretary, Federal must include your name and contact Issue notice of ready for environmental Energy Regulatory Commission, 888 information at the end of your analysis—January 2013 First Street NE., Washington, DC 20426. comments. For assistance, please Commission issues EA, draft EA, or More information about this project can contact FERC Online Support at draft EIS—July 2013 be viewed or printed on the eLibrary [email protected] or toll Comments on EA or draft EA or draft link of Commission’s Web site at http:// free at 1–866–208–3676, or for TTY, EIS—August 2013 www.ferc.gov/docs-filing/elibrary.asp. (202) 502–8659. Although the Commission issues final EA or final Enter the docket number (P–8866) in the Commission strongly encourages EIS—October 2013 docket number field to access the

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document. For assistance, call toll-free DEPARTMENT OF ENERGY Kings Counties, New York. The 1–866–208–3372. Commission will use this EIS in its Federal Energy Regulatory Dated: May 24, 2012. decisionmaking process to determine Commission whether the project is in the public Kimberly D. Bose, [Docket No. PF09–8–000] convenience and necessity. Secretary. This notice announces the opening of [FR Doc. 2012–13267 Filed 5–31–12; 8:45 am] Transcontinental Gas Pipe Line the scoping process the Commission BILLING CODE 6717–01–P Company, LLC; Notice of Intent To will use to gather input from the public Prepare an Environmental Impact and interested agencies on the project. Statement for the Planned Rockaway Your input will help the Commission Delivery Lateral Project, Request for staff determine what issues they need to Comments on Environmental Issues, evaluate in the EIS. Please note that the and Notice of Public Scoping Meetings scoping period will close on June 25, The staff of the Federal Energy 2012. Regulatory Commission (FERC or You may submit comments in written Commission) will prepare an form or verbally. Further details on how environmental impact statement (EIS) to submit written comments are in the that will discuss the environmental Public Participation section of this impacts of the Rockaway Delivery notice. In lieu of or in addition to Lateral Project involving construction sending written comments, the and operation of facilities by Commission invites you to attend the Transcontinental Gas Pipe Line public scoping meetings scheduled as Company, LLC (Transco) in Queens and follows:

Date and time Location

June 12, 2012, 7:00 p.m. EDT ...... Aviator Sports & Events Center, 3159 Flatbush Avenue, Brooklyn, NY 11234. June 13, 2012, 7:00 p.m. EDT ...... Knights of Columbus Rockaway Council 2672, 333 Beach 90 Street, Rockaway Beach, NY 11693.

The public meetings are designed to meter and regulating (M&R) station. exit locations, which includes the beach provide you with more detailed Specifically, Transco plans to construct and other Gateway National Recreation information and another opportunity to and operate 3.20 miles of 26-inch- Area lands, would not be disturbed or offer your comments on the planned diameter pipeline from its existing directly impacted. project. Transco representatives will be Lower New York Bay Lateral (LNYBL), Transco would construct the new present one hour before each meeting to in the Atlantic Ocean, to an onshore M&R station inside two existing, unused describe their proposal, present maps, interconnect with the National Grid hangars within the Gateway National and answer questions. Interested groups pipeline system on the Rockaway Recreation Area that are located on the and individuals are encouraged to Peninsula in Queens County, New York. southern end of Floyd Bennett Field. attend the meetings and to present At the offshore interconnect with the Transco would also install inlet and comments on the issues they believe LNYBL Transco would also install a outlet piping to connect the M&R station should be addressed in the EIS. A subsea tie-in assembly that includes a to a proposed National Grid pipeline transcript of each meeting will be made pig 1 launcher and main line valve. along Flatbush Avenue. A general so that your comments will be Transco would construct the first 2.17 overview of the major project facilities accurately recorded. miles of offshore pipeline from the is shown in Appendix 1.2 This notice is being sent to the LNYBL toward shore using Transco indicates that the planned Commission’s current environmental conventional marine lay and trenching project would provide increased natural mailing list for this project. State and methods. The remaining 0.65 mile of gas supplies and enhanced system local government representatives should offshore pipeline, and all but 0.03 mile reliability to natural gas distributors notify their constituents of this planned of onshore pipeline to the planned throughout the New York City area. project and encourage them to comment onshore interconnect with National Once completed, the project would be on their areas of concern. Grid’s system on the Rockaway capable of delivering up to 647 A fact sheet prepared by the FERC Peninsula would be installed using thousand dekatherms per day (MDth/d) entitled ‘‘An Interstate Natural Gas horizontal directional drill (HDD) of natural gas (including 100 MDth/d of Facility on My Land? What Do I Need technology. Use of the HDD method new incremental supply) from Transco’s To Know?’’ is available for viewing on would disturb a small amount of land at pipeline system to National Grid’s the FERC Web site (www.ferc.gov). This the HDD entry location, which would be distribution system in Brooklyn, New fact sheet addresses a number of located on the Tri-borough Bridge and York. The lateral would also give typically-asked questions, including Tunnel Authority’s right-of-way, and a 2 how to participate in the Commission’s small amount of seabed at the offshore The appendices referenced in this notice will HDD exit location. However, the land not appear in the Federal Register. Copies of the proceedings. appendices were sent to all those receiving this and seabed between the HDD entry and notice in the mail and are available at www.ferc.gov Summary of the Planned Project using the link called ‘‘eLibrary’’ or from the 1 A pig is an internal tool that can be used to Commission’s Public Reference Room, 888 First Transco plans to modify its existing clean and dry a pipeline and/or to inspect the Street NE., Washington, DC 20426, or call (202) pipeline system in Lower New York Bay pipeline for damage. A pig launcher is the 502–8371. For instructions on connecting to by adding a new pipeline lateral and a launching station from which the pig is launched. eLibrary, refer to the last page of this notice.

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National Grid the flexibility to shift pre-filing process. The purpose of the encompasses all areas subject to ground existing natural gas supplies from its pre-filing process is to encourage early disturbance (examples include existing Long Beach delivery point to involvement of interested stakeholders construction right-of-way, contractor/ the new delivery point on Flatbush and to identify and resolve issues before pipe storage yards, compressor stations, Avenue. This, in turn, would alleviate the FERC receives an application. As and access roads). Our EIS for this the existing capacity constraints on part of our pre-filing review, we have project will document our findings on National Grid’s system in the begun to contact some federal and state the impacts on historic properties and Rockaways. agencies to discuss their involvement in summarize the status of consultations Pending project approvals, Transco the scoping process and the preparation under section 106. anticipates beginning construction in of the EIS. Currently Identified Environmental September 2013, with a projected in- The EIS will present our independent Issues service date of November 2014. The analysis of the issues. We will publish intervening period between receipt of and distribute the draft EIS for public We have already identified several agency approvals and commencement of comment. After the comment period, we issues that we think deserve attention construction would be used to obtain will consider all timely comments and based on a preliminary review of the congressional authorization and final revise the document, as necessary, planned facilities and the National Park Service permits and before issuing a final EIS. To ensure we environmental information provided by easements in order to allow the project have the opportunity to consider and Transco. This preliminary list of issues to occur within the Gateway National address your comments, please carefully may change based on your comments Recreation Area. follow the instructions in the Public and our analysis. Participation section beginning on • Water Resources: The EIS Process page 7. Æ Impacts on off-shore and near- The National Environmental Policy With this notice, we are asking shore water quality. Act (NEPA) requires the Commission to agencies with jurisdiction by law and/ Æ Assessment of contingency plans take into account the environmental or special expertise with respect to the for inadvertent releases of drilling fluids impacts that could result from an action environmental issues related to this associated with horizontal directional whenever it considers the issuance of a project to formally cooperate with us in drills. Certificate of Public Convenience and the preparation of the EIS.4 Agencies Æ Assessment of alternative marine Necessity. NEPA also requires us 3 to that would like to request cooperating construction methods. discover and address concerns the agency status should follow the • Cultural Resources: Æ public may have about proposals. This instructions for filing comments Consideration of the special process is referred to as scoping. The provided under the Public Participation historic status of Jacob Riis Park and main goal of the scoping process is to section of this notice. Currently, the Floyd Bennett Field. Æ focus the analysis in the EIS on the NPS, U.S. Environmental Protection Impact of the planned M&R important environmental issues. By this Agency (EPA), and U.S. Army Corps of facility on the historic hangers at Floyd notice, the Commission requests public Engineers (COE) have expressed their Bennett Field. • comments on the scope of the issues to intention to participate as cooperating Land Use, Recreation and Special agencies in the preparation of the EIS to Interest Areas, and Visual Resources: address in the EIS. We will consider all Æ filed comments during the preparation satisfy their NEPA responsibilities Impacts on the Gateway National of the EIS. related to this project. Recreation Area and existing uses In the EIS we will discuss impacts Consultations Under Section 106 of the within the recreation area, including that could occur as a result of the National Historic Preservation Act Jacob Riis Park, Floyd Bennett Field, and Jamaica Bay National Wildlife construction and operation of the In accordance with the Advisory planned project under these general Refuge. Council on Historic Preservation’s Æ Impacts on marine navigation headings: implementing regulations for section • Geology and soils; and use of offshore waters. • 106 of the National Historic • Air Quality and Noise: Water resources, fisheries, and Preservation Act, we are using this Æ wetlands; Effects on the local air quality • notice to initiate consultation with and noise environment from Vegetation and wildlife; applicable State Historic Preservation • Endangered and threatened species; construction and operation of the • Office(s), and to solicit their views and planned facilities. Land use; those of other government agencies, • • Socioeconomics; Reliability and Safety: interested Indian tribes, and the public Æ • Cultural resources; Assessment of hazards associated on the project’s potential effects on • Air quality and noise; with natural gas pipelines and historic properties.5 We will define the • Public safety; and aboveground facilities. project-specific Area of Potential Effects Æ • Cumulative impacts. Potential for project-related fire (APE) in consultation with the SHPO(s) We will also evaluate possible hazards. as the project develops. On natural gas Æ alternatives to the planned project or Evacuation plans facility projects, the APE at a minimum • Alternatives: portions of the project, and make Æ recommendations on how to lessen or Assessment of existing systems, 4 The Council on Environmental Quality avoid impacts on the various resource alternative system configurations, and regulations addressing cooperating agency alternative routes to reduce or avoid areas. responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6. environmental impacts. Although no formal application has Æ been filed, we have already initiated our 5 The Advisory Council on Historic Preservation Evaluation of alternatives to NEPA review under the Commission’s regulations are at Title 36, Code of Federal avoid the Gateway National Recreation Regulations, Part 800. Those regulations define Area. historic properties as any prehistoric or historic Æ 3 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the district, site, building, structure, or object included Assessment of alternative environmental staff of the Commission’s Office of in or eligible for inclusion in the National Register metering and regulating station Energy Projects. for Historic Places. locations.

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Public Participation comments on the project. We will documents. Go to www.ferc.gov/ You can make a difference by update the environmental mailing list as esubscribenow.htm. providing us with your specific the analysis proceeds to ensure that we Finally, public meetings or site visits comments or concerns about the project. send the information related to this will be posted on the Commission’s Your comments should focus on the environmental review to all individuals, calendar located at www.ferc.gov/Event potential environmental effects, organizations, and government entities Calendar/EventsList.aspx along with reasonable alternatives, and measures to interested in and/or potentially affected other related information. by the planned project. avoid or lessen environmental impacts. Finally, Transco has established an Copies of the completed draft EIS will The more specific your comments, the Internet Web site for its project at be sent to the environmental mailing list http://www.energy.williams.com/ more useful they will be. To ensure that for public review and comment. If you your comments are timely and properly Rockaway. The site includes a project would prefer to receive a paper copy of overview, contact information, recorded, please send your comments so the document instead of the CD version that the Commission receives them in regulatory overview, and construction or would like to remove your name from procedures. Transco will continue to Washington, DC on or before June 25, the mailing list, please return the 2012. update its Web site with information attached Information Request about the project. You can also request (1) For your convenience, there are (Appendix 2). three methods you can use to submit additional information by calling your comments to the Commission. In Becoming an Intervenor Transco at (866) 455–9103. all instances, please reference the Once Transco files its application Dated: May 25, 2012. project docket number (PF09–8–000) with the Commission, you may want to Kimberly D. Bose, with your submission. The Commission become an ‘‘intervenor’’ which is an Secretary. encourages electronic filing of official party to the Commission’s [FR Doc. 2012–13279 Filed 5–31–12; 8:45 am] comments and has expert staff available proceeding. Intervenors play a more BILLING CODE 6717–01–P to assist you at (202) 502–8258 or formal role in the process and are able [email protected]. You can file your to file briefs, appear at hearings, and be comments electronically using the heard by the courts if they choose to DEPARTMENT OF ENERGY eComment feature located on the appeal the Commission’s final ruling. Commission’s Web site (www.ferc.gov) An intervenor formally participates in Federal Energy Regulatory under the link to Documents and the proceeding by filing a request to Commission Filings. This is an easy method for intervene. Instructions for becoming an [Docket No. PF12–6–000] interested persons to submit brief, text- intervenor are available on the only comments on a project; Commission’s Web site at: http://www. Columbia Gas Transmission, LLC; (2) You can file your comments ferc.gov/help/how-to/intervene.asp. Notice of Environmental Onsite Review electronically using the eFiling feature Please note that the Commission will located on the Commission’s Web site not accept requests for intervenor status On June 13 and 14, 2012, the Office (www.ferc.gov) under the link to at this time. You must wait until the of Energy Projects (OEP) staff will Documents and Filings. With eFiling, Commission receives a formal conduct site visits of the proposed Line you can provide comments in a variety application for the project. MB Loop Extension Project. The of formats by attaching them as a file purpose of the onsite review is to review with your submission. New eFiling Additional Information alternatives to the proposed pipeline users must first create an account by Additional information about the route. clicking on ‘‘eRegister.’’ You must select project is available from the All interested parties planning to the type of filing you are making. If you Commission’s Office of External Affairs, attend must provide their own are filing a comment on a particular at (866) 208–FERC, or on the FERC Web transportation. Those attending should project, please select ‘‘Comment on a site (www.ferc.gov) using the eLibrary meet at the following locations: Filing;’’ or link. Click on the eLibrary link, click on • Wednesday, June 13 at 8:00 a.m. (3) You can file a paper copy of your ‘‘General Search’’ and enter the docket (EST) meet at the Garrison Forest Plaza comments by mailing them to the number, excluding the last three digits Shopping Center Parking Lot, 10335 following address: Kimberly D. Bose, in the Docket Number field (i.e., PF09– Reisterstown Road, Owings Mill, Secretary, Federal Energy Regulatory 8). Be sure you have selected an Maryland. The site visit will include Commission, 888 First Street NE., Room appropriate date range. For assistance, pipeline route alternatives review in 1A, Washington, DC 20426. please contact FERC Online Support at Baltimore County. [email protected] or toll free • Thursday, June 14 at 8:00 a.m. Environmental Mailing List at (866) 208–3676, or for TTY, contact (EST) meet at the Paper Mill Village The environmental mailing list (202) 502–8659. The eLibrary link also Shopping Center Parking Lot, 3320– includes federal, state, and local provides access to the texts of formal 3335 Paper Mill Road, Phoenix, agencies; elected officials; documents issued by the Commission, Maryland. The site visit will include environmental and public interest such as orders, notices, and pipeline route alternatives review in groups; Native American Tribes; other rulemakings. Harford County. interested parties; and local libraries In addition, the Commission offers a The FERC offers a free service called and newspapers. This list also includes free service called eSubscription which eSubscription that allows you to keep all affected landowners (as defined in allows you to keep track of all formal track of all formal issuances and the Commission’s regulations) who are issuances and submittals in specific submittals in specific dockets. This can potential right-of-way grantors, whose dockets. This can reduce the amount of reduce the amount of time you spend property may be used temporarily for time you spend researching proceedings researching proceedings by project purposes, or who own homes by automatically providing you with automatically providing you with within certain distances of aboveground notification of these filings, document notification of these filings, document facilities, and anyone who submits summaries, and direct links to the summaries, and direct links to the

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documents. To register for this service, There is an ‘‘eSubscription’’ link on the the preparation of the environmental go to http://www.ferc.gov/ Web site that enables subscribers to document cannot also intervene. See 94 esubscribenow.htm. Public meetings or receive email notification when a FERC ¶ 61,076 (2001). site visits will be posted on the document is added to a subscribed k. With this notice, we are initiating Commission’s calendar located at http:// docket(s). For assistance with any FERC informal consultation with: (a) The U.S. www.ferc.gov/EventCalendar/Events Online service, please email Fish and Wildlife Service and/or NOAA List.aspx along with other related [email protected], or call Fisheries under section 7 of the information. For additional information (866) 208–3676 (toll free). For TTY, call Endangered Species Act and the joint contact Office of external affairs at 1– (202) 502–8659. agency regulations thereunder at 50 866–208–FERC (3372). Comment Date: 5 p.m. Eastern Time CFR, Part 402 and (b) the State Historic Preservation Officer, as required by Dated: May 25, 2012. on June 15, 2012. section 106, National Historical Dated: May 25, 2012. Kimberly D. Bose, Preservation Act, and the implementing Secretary. Kimberly D. Bose, regulations of the Advisory Council on [FR Doc. 2012–13280 Filed 5–31–12; 8:45 am] Secretary. Historic Preservation at 36 CFR 800.2. BILLING CODE 6717–01–P [FR Doc. 2012–13274 Filed 5–31–12; 8:45 am] l. With this notice, we are designating BILLING CODE 6717–01–P Black Canyon as the Commission’s non- federal representative for carrying out DEPARTMENT OF ENERGY informal consultation pursuant to DEPARTMENT OF ENERGY section 7 of the Endangered Species Act, Federal Energy Regulatory section 305(b) of the Magnuson-Stevens Commission Federal Energy Regulatory Fishery Conservation and Management Commission [Docket No. RC11–6–002] Act, and section 106 of the National [Project No. 14110–001] Historic Preservation Act. North American Electric Reliability m. Black Canyon filed with the Corporation; Notice of Filing Black Canyon Hydro, LLC; Notice of Commission a Pre-Application Intent To File License Application, Document (PAD; including a proposed Take notice that on May 14, 2012, the Filing of Pre-Application Document process plan and schedule), pursuant to North American Electric Reliability (PAD), Commencement of Pre-Filing 18 CFR 5.6 of the Commission’s Corporation (NERC) submitted a Process and Scoping; Request for regulations. compliance filing in accordance with Comments on the PAD and Scoping n. A copy of the PAD is available for the Federal Energy Regulatory Document, and Identification of Issues review at the Commission in the Public Commission’s Order (FERC or and Associated Study Requests Reference Room or may be viewed on Commission) in North American the Commission’s Web site (http:// Electric Reliability Corporation, 138 a. Type of Filing: Notice of Intent to www.ferc.gov), using the ‘‘eLibrary’’ FERC ¶ 61,193 (2012) (March 15 Order). File License Application for an Original link. Enter the docket number, Any person desiring to intervene or to License and Commencing Pre-filing excluding the last three digits in the protest this filing must file in Process. docket number field to access the accordance with Rules 211 and 214 of b. Project No.: 14110–001. document. For assistance, contact FERC the Commission’s Rules of Practice and c. Date Filed: March 27, 2012. Online Support at Procedure (18 CFR 385.211, 385.214). d. Submitted By: Black Canyon [email protected] or toll Protests will be considered by the Hydro, LLC (Black Canyon). free at 1–866–208–3676, or for TTY, Commission in determining the e. Name of Project: Black Canyon (202) 502–8659. A copy is also available appropriate action to be taken, but will Hydroelectric Project. for inspection and reproduction at the not serve to make protestants parties to f. Location: On the North Fork address in paragraph h. the proceeding. Any person wishing to Snoqualmie River, approximately 4 Register online at http://www.ferc. become a party must file a notice of miles northeast of North Bend in King gov/docs-filing/esubscription.asp to be intervention or motion to intervene, as County, Washington. The project would notified via email of new filing and appropriate. Such notices, motions, or not occupy federal lands. issuances related to this or other protests must be filed on or before the g. Filed Pursuant to: 18 CFR part 5 of pending projects. For assistance, contact comment date. On or before the the Commission’s Regulations. FERC Online Support. comment date, it is not necessary to h. Potential Applicant Contact: Chris o. With this notice, we are soliciting serve motions to intervene or protests Spens, Licensing Manager, Black comments on the PAD and Commission on persons other than the Applicant. Canyon Hydro, LLC, 3633 Alderwood staff’s Scoping Document 1 (SD1), as The Commission encourages Ave., Bellingham, WA 98225. well as study requests. All comments on electronic submission of protests and i. FERC Contact: Brandon Cherry at the PAD and SD1, and study requests interventions in lieu of paper using the (202) 502–8328 or email at should be sent to the address above in ‘‘eFiling’’ link at http://www.ferc.gov. [email protected]. paragraph h. In addition, all comments Persons unable to file electronically j. Cooperating agencies: Federal, state, on the PAD and SD1, study requests, should submit an original and 14 copies local, and tribal agencies with requests for cooperating agency status, of the protest or intervention to the jurisdiction and/or special expertise and all communications to and from Federal Energy Regulatory Commission, with respect to environmental issues Commission staff related to the merits of 888 First Street NE., Washington, DC that wish to cooperate in the the potential application must be filed 20426. preparation of the environmental with the Commission. Documents may This filing is accessible on-line at document should follow the be filed electronically via the Internet. http://www.ferc.gov, using the instructions for filing such requests See 18 CFR 385.2001(a)(1)(iii) and the ‘‘eLibrary’’ link and is available for described in item o. below. Cooperating instructions on the Commission’s Web review in the Commission’s Public agencies should note the Commission’s site http://www.ferc.gov/docs-filing/ Reference Room in Washington, DC. policy that agencies that cooperate in efiling.asp. Commenters can submit

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brief comments up to 6,000 characters, Location: Cedar River Watershed Meeting Procedures without prior registration, using the Education Center Auditorium, 19901 The meetings will be recorded by a eComment system at http://www.ferc. Cedar Falls Road SE., North Bend, WA stenographer and will be placed in the gov/docs-filing/ecomment.asp. You 98045. public records of the project. must include your name and contact Phone: (206) 733–9421. Dated: May 25, 2012. information at the end of your Scoping Document 1 (SD1), which comments. For assistance, please outlines the subject areas to be Kimberly D. Bose, contact FERC Online Support. Although addressed in the environmental Secretary. the Commission strongly encourages document, was mailed to the [FR Doc. 2012–13278 Filed 5–31–12; 8:45 am] electronic filing, documents may also be individuals and entities on the BILLING CODE 6717–01–P paper-filed. To paper-file, mail an Commission’s mailing list. Copies of original and seven copies to: Kimberly SD1 will be available at the scoping D. Bose, Secretary, Federal Energy meetings, or may be viewed on the Web DEPARTMENT OF ENERGY Regulatory Commission, 888 First Street at http://www.ferc.gov, using the Federal Energy Regulatory NE., Washington, DC 20426. ‘‘eLibrary’’ link. Follow the directions Commission All filings with the Commission must for accessing information in paragraph include on the first page, the project n. Based on all oral and written [Docket Nos. PR12–26–000; PR12–27–000] name (Black Canyon Hydroelectric comments, a Scoping Document 2 (SD2) Project) and number (P–14110–001), may be issued. SD2 may include a Crosstex LIG, LLC; Notice of Filings and bear the appropriate heading: revised process plan and schedule, as Take notice that on May 24, 2012, ‘‘Comments on Pre-Application well as a list of issues, identified Crosstex LIG, LLC filed to clean up its Document,’’ ‘‘Study Requests,’’ through the scoping process. database for administrative reasons. ‘‘Comments on Scoping Document 1,’’ Virtual Site Review Any person desiring to participate in ‘‘Request for Cooperating Agency this rate filing must file in accordance Status,’’ or ‘‘Communications to and Black Canyon will conduct a virtual with Rules 211 and 214 of the from Commission Staff.’’ Any site review meeting for the proposed Commission’s Rules of Practice and individual or entity interested in project on Tuesday, June 19, 2012, Procedure (18 CFR 385.211 and submitting study requests, commenting starting at 2:00 p.m. The virtual site 385.214). Protests will be considered by on the PAD or SD1, and any agency review meeting will provide an the Commission in determining the requesting cooperating status must do so overview of the proposed project area, appropriate action to be taken, but will by July 24, 2012. including video, photos, and maps. The not serve to make protestants parties to p. We intend to prepare an meeting will be held at the Cedar River the proceeding. Any person wishing to environmental assessment (EA) for this Watershed Education Center become a party must file a notice of project. The scoping meetings identified Auditorium, 19901 Cedar Falls Road intervention or motion to intervene, as below satisfy the NEPA scoping SE., North Bend, WA 98045. Anyone appropriate. Such notices, motions, or requirements. with questions about the virtual site protests must be filed on or before the review should contact Mr. Chris Spens Scoping Meetings date as indicated below. Anyone filing (Black Canyon) at (360) 738–9999 or an intervention or protest must serve a Commission staff will hold two Brandon Cherry (FERC) at (202) 502– copy of that document on the Applicant. scoping meetings in the vicinity of the 8328. Anyone filing an intervention or protest project at the time and place noted Meeting Objectives on or before the intervention or protest below. The daytime meeting will focus date need not serve motions to intervene on resource agency, Indian tribes, and At the scoping meetings, staff will: (1) or protests on persons other than the non-governmental organization Initiate scoping of the issues; (2) review Applicant. concerns, while the evening meeting is and discuss existing conditions and The Commission encourages primarily for receiving input from the resource management objectives; (3) electronic submission of protests and public. We invite all interested review and discuss existing information interventions in lieu of paper using the individuals, organizations, and agencies and identify preliminary information ‘‘eFiling’’ link at http://www.ferc.gov. to attend one or both of the meetings, and study needs; (4) review and discuss Persons unable to file electronically and to assist staff in identifying the process plan and schedule for pre- should submit an original and 7 copies particular study needs, as well as the filing activity that incorporates the time of the protest or intervention to the scope of environmental issues to be frames provided for in Part 5 of the Federal Energy Regulatory Commission, addressed in the environmental Commission’s regulations and, to the 888 First Street NE., Washington, DC document. The times and locations of extent possible, maximizes coordination 20426. these meetings are as follows: of federal, state, and tribal permitting This filing is accessible on-line at and certification processes; and (5) Daytime Scoping Meeting http://www.ferc.gov, using the discuss the appropriateness of any ‘‘eLibrary’’ link and is available for Date: Tuesday, June 19, 2012. federal or state agency or Indian tribe review in the Commission’s Public Time: 11:00 a.m. acting as a cooperating agency for Reference Room in Washington, DC. Location: Cedar River Watershed development of an environmental There is an ‘‘eSubscription’’ link on the Education Center Auditorium, 19901 document. web site that enables subscribers to Cedar Falls Road SE., North Bend, WA Meeting participants should come receive email notification when a 98045. prepared to discuss their issues and/or document is added to a subscribed Phone: (206) 733–9421. concerns. Please review the PAD in docket(s). For assistance with any FERC preparation for the scoping meetings. Online service, please email Evening Scoping Meeting Directions on how to obtain a copy of [email protected], or call Date: Tuesday, June 19, 2012. the PAD and SD1 are included in item (866) 208–3676 (toll free). For TTY, call Time: 6:00 p.m. n. of this document. (202) 502–8659.

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Comment Date: 5 p.m. Eastern Time Substation; and (8) appurtenant DEPARTMENT OF ENERGY on Tuesday, June 5, 2012. facilities. The project would be a closed- Federal Energy Regulatory Dated: May 24, 2012. loop system and would use water from Commission Kimberly D. Bose, the Columbia River for initial fill and Secretary. make-up water. The estimated annual [Docket No. OR12–13–000] generation of the project would be 4,343 [FR Doc. 2012–13265 Filed 5–31–12; 8:45 am] gigawatt-hours. Lion Oil Trading & Transportation, Inc., BILLING CODE 6717–01–P Magnolia Pipeline Company, and El Applicant Contact: Mr. John Smith, Dorado Pipeline Company; Notice for General Manager, Public Utility District Temporary Waiver of Filing and DEPARTMENT OF ENERGY No. 1 of Klickitat County, 1313 S. Reporting Requirements Columbus Avenue, Goldendale, Federal Energy Regulatory Washington 98620; phone: (509) 773– Take notice that on May 8, 2012, Commission 5891. pursuant to Rule 202 of the Commission’s Rules of Practice and [Project No. 13333–001] FERC Contact: Kelly Wolcott; phone: Procedure, 18 CFR 385.202 (2011), Lion Public Utility District No. 1 of Klickitat (202) 502–6480. Oil Trading & Transportation, Inc., County, Washington; Notice of Deadline for filing comments, motions Magnolia Pipeline Company, and El Preliminary Permit Application to intervene, competing applications Dorado Pipeline Company, collectively, Accepted for Filing and Soliciting (without notices of intent), or notices of Lion Companies, requested that the Comments, Motions to Intervene, and intent to file competing applications: 60 Commission grant a temporary waiver of Competing Applications days from the issuance of this notice. the Interstate Commerce Act (ICA) Competing applications and notices of Section 6 and Section 20 tariff filing and On May 1, 2012, the Public Utility intent must meet the requirements of 18 reporting requirements applicable to District No. 1 of Klickitat County, CFR 4.36. Comments, motions to interstate common carrier pipelines. Washington, filed an application for a intervene, notices of intent, and Lion Companies requested review on an preliminary permit, pursuant to section expedited basis. Lion Companies state 4(f) of the Federal Power Act (FPA), competing applications may be filed electronically via the Internet. See 18 that they have a supply and off-take proposing to study the feasibility of the agreement with J. Aron & Company (J. CFR 385.2001(a)(1)(iii) and the JD Pool Pumped Storage Hydroelectric Aron), which is used as an alternative instructions on the Commission’s Web Project (project) to be located near to conventional financing. Under this Goldendale, Klickitat County, site http://www.ferc.gov/docs-filing/ agreement J. Aron takes title to crude Washington, and Rufus, Sherman efiling.asp. Commenters can submit and refined products on the Lion County, Oregon. The project would be brief comments up to 6,000 characters, Companies’ system and then resells the partially located on land owned and without prior registration, using the crude and refined products to Lion operated by the U.S. Department of the eComment system at http:// subject to certain conditions at specified Army Corps of Engineers. The sole www.ferc.gov/docs-filing/ price spreads. In support of the request purpose of a preliminary permit, if ecomment.asp. You must include your for waiver, Lion Companies assert that issued, is to grant the permit holder name and contact information at the end the agreement with J. Aron is not a priority to file a license application of your comments. For assistance, traditional transportation agreement during the permit term. A preliminary please contact FERC Online Support at with an unaffiliated shipper, and that permit does not authorize the permit [email protected] or toll even though J. Aron holds title to the holder to perform any land-disturbing free at 1–866–208–3676, or for TTY, throughput, the complex arrangement activities or otherwise enter upon lands (202) 502–8659. Although the serves as an alternative to traditional or waters owned by others without the Commission strongly encourages financing, and that it would be difficult owners’ express permission. electronic filing, documents may also be for the Lion Companies and J. Aron to The proposed project would consist of paper-filed. To paper-file, mail an revise their arrangement to comply with the following new facilities: (1) A 270- original and seven copies to: Kimberly the statutory provisions and related foot-high, 8,610-foot-long earth D. Bose, Secretary, Federal Energy regulations for which they seek embankment dam enclosing an upper Regulatory Commission, 888 First Street temporary waiver. Lion Companies state reservoir; (2) an upper reservoir, with a that their circumstances fit the criteria NE., Washington, DC 20426. surface area of 114 acres and a storage the Commission has used in granting capacity of 14,010 acre-feet at a More information about this project, such waivers, and that there is no public maximum surface elevation of 2,710 feet including a copy of the application, can interest basis to deny the request. above mean sea level (msl); (3) a 295- be viewed or printed on the ‘‘eLibrary’’ Any person desiring to intervene or to foot-high, 5,870-foot-long earth link of Commission’s Web site at http:// protest in the above proceeding must embankment dam enclosing a lower www.ferc.gov/docs-filing/elibrary.asp. file in accordance with Rules 211 and reservoir; (4) a lower reservoir, with a Enter the docket number (P–13333) in 214 of the Commission’s Rules of surface area of 110 acres and a storage the docket number field to access the Practice and Procedure (18 CFR 385.211 capacity of 21,440 acre-feet at a document. For assistance, contact FERC and 385.214) on or before 5 p.m. Eastern maximum surface elevation of 705 feet Online Support. Time on the specified comment date. msl; (5) a 24-foot-diameter, 9,188-foot- Protests will be considered by the long steel penstock; (6) an underground Dated: May 25, 2012. Commission in determining the powerhouse with five 300-megawatt Kimberly D. Bose, appropriate action to be taken, but will (MW) turbine units with a total installed Secretary. not serve to make protestants parties to capacity of 1,500 MW; (7) 5 miles of [FR Doc. 2012–13277 Filed 5–31–12; 8:45 am] the proceeding. Anyone filing a motion 500-kilovolt transmission line BILLING CODE 6717–01–P to intervene or protest must serve a copy connecting to Bonneville Power of that document on the Applicant. In Administration’s existing John Day reference to filings initiating a new

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proceeding, interventions or protests FOR FURTHER INFORMATION CONTACT: RS485) or Multi-drop RS–232, Ethernet submitted on or before the comment Robert Vanderpool, Human Exposure port, USB COM port, analog inputs, deadline need not be served on persons and Atmospheric Sciences Division digital status outputs, analog outputs: other than the Applicant. (MD–D205–03), National Exposure 100 mV, 1V, 5V, 10V, 4–20 mA current The Commission encourages Research Laboratory, U.S. EPA, loop outputs. electronic submission of protests and Research Triangle Park, North Carolina The application for equivalent interventions in lieu of paper, using the 27711. Email: method determination for the NO2 FERC Online links at http:// [email protected]. Phone: method was received by the Office of www.ferc.gov. To facilitate electronic 919–541–7877. Written inquiries are Research and Development on October service, persons with Internet access strongly preferred. 4, 2011. These analyzer models are who will eFile a document and/or be SUPPLEMENTARY INFORMATION: In commercially available from the listed as a contact for an intervenor accordance with regulations at 40 CFR applicant, Teledyne-API, 9480 Carroll must create and validate an Part 53, the EPA evaluates various Park Drive San Diego, CA 92121–5201. One of the new equivalent methods eRegistration account using the methods for monitoring the for Pb is a manual method that uses the eRegistration link. Select the eFiling concentrations of those ambient air sampling procedure specified in the link to log on and submit the pollutants for which EPA has Reference Method for the Determination intervention or protests. established National Ambient Air of Lead in Suspended Particulate Matter Persons unable to file electronically Quality Standards (NAAQSs) as set Collected From Ambient Air (High- should submit an original and 14 copies forth in 40 CFR Part 50. Monitoring Volume Sampler), 40 CFR Part 50, of the intervention or protest to the methods that are determined to meet Appendix G, with a different extraction Federal Energy Regulatory Commission, specific requirements for adequacy are and analytical procedure. The method is 888 First St. NE., Washington, DC designated by the EPA as either identified as follows: 20426. reference methods or equivalent The filings in the above proceedings methods (as applicable), thereby EQL–0512–201, ‘‘Determination of Lead are accessible in the Commission’s permitting their use under 40 CFR Part in TSP by Inductively Coupled Plasma eLibrary system by clicking on the 58 by States and other agencies for Mass Spectrometry (ICP–MS) With Hot appropriate link in the above list. They determining compliance with the Block Dilute Acid and Hydrogen are also available for review in the NAAQSs. Peroxide Filter Extraction’’ Commission’s Public Reference Room in The EPA hereby announces the In this method, total suspended Washington, DC. There is an designation of three new equivalent eSubscription link on the web site that particulate matter (TSP) is collected on methods for measuring pollutant glass fiber filters according to 40 CFR enables subscribers to receive email concentrations in the ambient air: One notification when a document is added Appendix G to part 50, EPA Reference for NO2 and two for Pb. These to a subscribed docket(s). For assistance Method for the Determination of Lead in designations are made under the Suspended Particulate Matter Collected with any FERC Online service, please provisions of 40 CFR Part 53, as email [email protected], or From Ambient Air. The filter samples amended on August 31, 2011 (76 FR are extracted in a hot block at 95 °C with call (866) 208–3676 (toll free). For TTY, 54326- 54341). call (202) 502–8659. a solution of dilute hydrochloric acid The new equivalent method for NO2 and nitric acid and two aliquots of Comment Date: 5 p.m. Eastern Time is an automated method (analyzer) on Wednesday, June 6, 2012. hydrogen peroxide, for a total of two utilizing the measurement principle and a half hours extraction time. The Dated: May 24, 2012. based on gas phase chemiluminescence samples are brought to a final volume of Kimberly D. Bose, reaction of nitric oxide (NO) with ozone, 50 mL and the lead content of the Secretary. using a photolytic NO2 to NO converter sample extract is analyzed by [FR Doc. 2012–13266 Filed 5–31–12; 8:45 am] and the calibration procedure specified Inductively Coupled Plasma-Mass BILLING CODE 6717–01–P in the operation manual. Spectrometry (ICP–MS) based on EPA (Note that this NO2 equivalent method Compendium Method IO–3.5 and SW– differs from the automated NO2 846 Method 6020A. ENVIRONMENTAL PROTECTION reference method by its use of a The other new equivalent method for AGENCY photolytic NO2 to NO converter. This is Pb is a manual method that uses the the first NO2 equivalent method sampling procedure specified in the [FRL–9680–3] designated with this type of converter). Reference Method (FRM) for the This newly designated equivalent Ambient Air Monitoring Reference and Determination of Lead in Particulate method is identified as follows: Matter as PM10 Collected From Ambient Equivalent Methods: Designation of EQNA–0512–200, ‘‘Teledyne— Three New Equivalent Methods Air, 40 CFR Part 50, Appendix Q, with Advanced Pollution Instrumentation, a different extraction and analytical AGENCY: Environmental Protection Inc. Model 200EUP or T200UP procedure. The method is identified as Agency. Chemiluminescence Nitrogen Oxides follows: ACTION: Notice. Analyzer’’, operated on any full scale range between 0–50 ppb and 0–1000 EQL–0512–202, ‘‘Determination of Lead SUMMARY: Notice is hereby given that ppb, with any range mode (Single, in PM10 by Inductively Coupled the Environmental Protection Agency Independent, or AutoRange), at any Plasma Mass Spectrometry (ICP– (EPA) has designated, in accordance ambient temperature in the range of 20 MS) with Hot Block Dilute Acid and with 40 CFR Part 53, three new °C to 30 °C, with software Temperature Hydrogen Peroxide Filter equivalent methods: One for measuring and Pressure compensation ON, in Extraction’’ concentrations of nitrogen dioxide accordance with the associated In this method, PM10 particulate ® (NO2) and two for measuring instrument manual; and with or without matter is collected on Teflon concentrations of lead (Pb) in the any of the following options: Zero/Span membrane filters according to 40 CFR ambient air. Valves, standard serial port (RS232/ Appendix Q to part 50, EPA Reference

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Method for the Determination of Lead in Measurement Systems, Volume II, number: (202) 564–9490; email address: Particulate Matter as PM10 Collected Ambient Air Quality Monitoring [email protected]. From Ambient Air. The filter samples Program’’ EPA–454/B–08–003, ° For general information contact: The are extracted in a hot block at 95 C with December, 2008. Provisions concerning TSCA-Hotline, ABVI-Goodwill, 422 a solution of hydrochloric acid, nitric modification of such methods by users South Clinton Ave., Rochester, NY acid, and hydrofluoric acid and an are specified under Section 2.8 14620; telephone number: (202) 554– aliquot of hydrogen peroxide for a total (Modifications of Methods by Users) of 1404; email address: TSCA- of two and a half hours extraction time. Appendix C to 40 CFR Part 58. [email protected]. Samples are brought to a final volume Consistent or repeated noncompliance of 50 mL and analyzed by Inductively should be reported to: Director, Human SUPPLEMENTARY INFORMATION: Coupled Plasma-Mass Spectrometry Exposure and Atmospheric Sciences (ICP–MS) based on EPA Compendium Division (MD–E205–01), National I. General Information Method IO–3.5 and SW–846 Method Exposure Research Laboratory, U.S. A. Does this action apply to me? 6020A. Environmental Protection Agency, The applications for equivalent Research Triangle Park, North Carolina This action is directed in particular to method determinations for these Pb 27711. the chemical manufacturer and/or methods were submitted by Eastern Designation of these new equivalent importer who submitted the TMEs to Research Group, Inc., 601 Keystone Park methods is intended to assist the States EPA. This action may, however, be of Drive, Suite 700, Morrisville, NC 27560 in establishing and operating their air interest to the public in general. Since and were received by the EPA’s Office quality surveillance systems under 40 other entities may also be interested, the of Research and Development on CFR Part 58. Questions concerning the Agency has not attempted to describe all October 4, 2011. The method commercial availability or technical the specific entities that may be affected descriptions will be available at http:// aspects of the methods should be by this action. If you have any questions www.epa.gov/ttnamti1/pb- directed to the applicants. regarding the applicability of this action monitoring.html. A representative test analyzer for the Dated: May 23, 2012. to a particular entity, consult the technical person listed under FOR NO2 method and the analytical Jennifer Orme-Zavaleta, procedures for the Pb methods have Director, National Exposure Research FURTHER INFORMATION CONTACT. been tested in accordance with the Laboratory. B. How can I get copies of this document applicable test procedures specified in [FR Doc. 2012–13350 Filed 5–31–12; 8:45 am] and other related information? 40 CFR Part 53, as amended on August BILLING CODE P 31, 2011. After reviewing the results of EPA has established a docket for this those tests and other information action under docket ID number EPA– submitted in the applications, EPA has ENVIRONMENTAL PROTECTION HQ–OPPT–2012–0412. All documents determined, in accordance with Part 53, AGENCY in the docket are listed in the docket that each of these methods should be index at http://www.regulations.gov. designated as an equivalent method. [EPA–HQ–OPPT–2012–0412; FRL–9351–6] Although listed in the index, some The information in the applications will information is not publicly available, Approval of Test Marketing be kept on file, either at EPA’s National e.g., Confidential Business Information Exemptions for Certain New Chemicals Exposure Research Laboratory, Research (CBI) or other information whose Triangle Park, North Carolina 27711 or AGENCY: Environmental Protection disclosure is restricted by statute. in an approved archive storage facility, Agency (EPA). Certain other material, such as and will be available for inspection ACTION: Notice. copyrighted material, will be publicly (with advance notice) to the extent available only in hard copy. Publicly consistent with 40 CFR Part 2 (EPA’s SUMMARY: This notice announces EPA’s available docket materials are available regulations implementing the Freedom approval of applications for test electronically at http:// of Information Act). marketing exemptions (TMEs) under As designated equivalent methods, www.regulations.gov, or, if only section 5(h)(1) of the Toxic Substances these methods are acceptable for use by available in hard copy, at the OPPT Control Act (TSCA). EPA has designated states and other air monitoring agencies Docket. The OPPT Docket is located in these applications as TME–11–01; under the requirements of 40 CFR Part the EPA Docket Center (EPA/DC) at Rm. TME–11–2; TME–11–3; TME–11–5; 58, Ambient Air Quality Surveillance. 3334, EPA West Bldg., 1301 TME–11–6; TME–11–7; TME–11–9; For such purposes, the methods must be Constitution Ave. NW., Washington, TME–11–10; TME–11–13; TME–11–14; used in strict accordance with the DC. The EPA/DC Public Reading Room TME–11–15; TME–11–16; TME–11–17; operation manual (NO method) or the hours of operation are 8:30 a.m. to 4:30 2 TME–12–01; TME–12–04; TME–12–5; standard operating procedures p.m., Monday through Friday, excluding TME–12–7. The test marketing associated with each of the Pb methods legal holidays. The telephone number of conditions are described in the TME and are subject to any specifications and the EPA/DC Public Reading Room is applications and in this notice. limitations specified in the applicable (202) 566–1744, and the telephone designated method description (see the DATES: Approval of these TMEs is number for the OPPT Docket is (202) identifications of the methods above). effective May 24, 2012. 566–0280. Docket visitors are required Use of the methods also should be in FOR FURTHER INFORMATION CONTACT: to show photographic identification, general accordance with the guidance For technical information contact: pass through a metal detector, and sign and recommendations of applicable Adella Underdown, Chemical Control the EPA visitor log. All visitor bags are sections of the ‘‘Quality Assurance Division (7405M), Office of Pollution processed through an X-ray machine Handbook for Air Pollution Prevention and Toxics, Environmental and subject to search. Visitors will be Measurement Systems, Volume I,’’ EPA/ Protection Agency, 1200 Pennsylvania provided an EPA/DC badge that must be 600/R–94/038a and ‘‘Quality Assurance Ave. NW., Washington, DC 20460–0001; visible at all times in the building and Handbook for Air Pollution telephone number: (202) 564–9364; fax returned upon departure.

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II. What is the Agency’s authority for Production Volume: CBI. Use: Binder for printing inks. taking this action? Number of Customers: CBI. Production Volume: CBI. Test Marketing Period: CBI days, Section 5(h)(1) of TSCA and 40 CFR Number of Customers: CBI. commencing on first day of commercial 720.38 authorizes EPA to exempt Test Marketing Period: CBI days, manufacture. persons from premanufacture commencing on first day of commercial notification (PMN) requirements and TME–11–0003. manufacture. permit them to manufacture or import Date of Receipt: December 13, 2010. TME–11–0010. Notice of Receipt: April 15, 2011 (76 new chemical substances for test Date of Receipt: June 6, 2011. FR 21344) (FRL–8869–4). marketing purposes, if the Agency finds Notice of Receipt: September 16, 2011 Applicant: Cytec Industries, Inc. that the manufacture, processing, (76 FR 57738) (FRL–8888–6). Chemical: (G) Substituted alkyl Applicant: Cytec Industries, Inc. distribution in commerce, use, and homopolymer, substituted alkylacrylate disposal of the substances for test Chemical: (G) and heteromonocyclic homopolymer Poly[oxyalkylenediyl],a-hydro-w- marketing purposes will not present an monoester with substituted unreasonable risk of injury to health or hydroxy-, polymer with disubstituted alklyacrylate. carbomonocycle, alkyl acrylate blocked. the environment. EPA may impose Use: (G) Coatings resin. restrictions on test marketing activities Use: (G) Coatings resin. Production Volume: CBI. Production Volume: CBI. and may modify or revoke a test Number of Customers: CBI. marketing exemption upon receipt of Number of Customers: CBI. Test Marketing Period: CBI days, Test Marketing Period: CBI days, new information which casts significant commencing on first day of commercial doubt on its finding that the test commencing on first day of commercial manufacture. manufacture. marketing activity will not present an TME–11–0005. unreasonable risk of injury. Date of Receipt: December 14, 2010. TME–11–0013. Notice of Receipt: April 15, 2011 (76 Date of Receipt: August 1, 2011. III. What action is the agency taking? FR 21344) (FRL–8869–4). Notice of Receipt: September 21, 2011 EPA approves the TMEs referenced in Applicant: Cytec Industries, Inc. (76 FR 58505) (FRL–8889–6). this notice. EPA has determined that Chemical: (G) Modified epoxy resin. Applicant: CBI. test marketing the new chemical Use: (G) Binder resin. Chemical: (G) Polyaminoamide, substances, under the conditions set out Production Volume: CBI. sulfate salt. in the TME applications and in this Number of Customers: CBI. Use: (G) Productivity aid in the paper notice, will not present any Test Marketing Period: CBI days, industry. unreasonable risk of injury to health or commencing on first day of commercial Production Volume: CBI. the environment. manufacture. Number of Customers: CBI. TME–11–0006. Test Marketing Period: CBI days, IV. What restrictions apply to these Date of Receipt: January 11, 2011. commencing on first day of commercial TMEs? Notice of Receipt: April 15, 2011 (76 manufacture. The test market time period, FR 21344) (FRL–8869–4). TME–11–0014. production volume, number of Applicant: CBI. Date of Receipt: August 2, 2011. customers, and use must not exceed Chemical: (G) Tertiary ammonium Notice of Receipt: September 21, 2011 specifications in the applications and compound. (76 FR 58505) (FRL–8869–6). this notice. All other conditions and Use: (G) Inhibitor for oil field Applicant: CBI. restrictions described in the applications. Chemical: (G) petroleum distillate applications and in this notice must also Production Volume: CBI. lights. be met. Number of Customers: CBI. Use: (G) Fuel blending component. TME–11–0001. Test Marketing Period: CBI days, Production Volume: CBI. Date of Receipt: October 5, 2010. commencing on first day of commercial Number of Customers: CBI. Notice of Receipt: November 24, 2010 manufacture. Test Marketing Period: CBI days, (75 FR 71692) (FRL–8852–1). TME–11–0007. commencing on first day of commercial Applicant: Cytec Industries, Inc. Date of Receipt: March 24, 2011. manufacture. Chemical: (G) Alkyl dioic acid, Notice of Receipt: June 21, 2011 (76 TME–11–0015. polymer with substituted alkanoate, FR 36117) (FRL–8876–3). Date of Receipt: September 7, 2011. alkly diisocyanate, alkyldiol, and Applicant: Cytec Industries, Inc. Notice of Receipt: October 5, 2011 (76 substituted alkanoic acid. Chemical: (G) Heteromonocycle, Use: (G) Coatings resin. polymer with disubstituted FR 61694) (FRL–8890–6). Production Volume: CBI. carbomonocycle and alkylene glycol, Applicant: Cytec Industries, Inc. Number of Customers: CBI. alkyl acrylate blocked. Chemical: (G) Heteromonocycle, Test Marketing Period: CBI days, Use: (G) Coatings resin. homopolymer, disubstituted commencing on first day of commercial Production Volume: CBI. carbomonocycle, substituted alkyl ester. manufacture. Number of Customers: CBI. Use: (G) Coating resin for increased TME–11–0002. Test Marketing Period: CBI days, impact resistance. Date of Receipt: December 13, 2010. commencing on first day of commercial Production Volume: CBI. Notice of Receipt: April 15, 2011 (76 manufacture. Number of Customers: CBI. FR 21343) (FRL–8869–4). TME–11–0009. Test Marketing Period: CBI days, Applicant: Cytec Industries, Inc. Date of Receipt: May 6, 2011. commencing on first day of commercial Chemical: (G) Substituted alkanoic Notice of Receipt: June 20, 2011 (76 manufacture. acid, polymer with alkanoic acid alkyl FR 35890) (FRL–8877–3). TME–11–0016. esters, with substituted polyglycol- Applicant: Cytec Industries, Inc. Date of Receipt: September 22, 2011. initiated. Chemical: (G) Fatty acids polymers Notice of Receipt: November 9, 2011 Use: Dispersing additive for organic with alkanoic acid, substituted alkyl (76 FR 69726) (FRL–8891–6). and inorganic pigments and extenders. diol and substituted carbomonocycle. Applicant: Cytec Industries, Inc.

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Chemical: (G) Substituted Date of Receipt: March 22, 2012. Dated: May 24, 2012. carbomonocycle, polymer with Notice of Receipt: April 17, 2012 (77 Greg Schweer, alkyldiol, bis[substituted FR 22780) (FRL–9345–5). Chief, New Chemicals Notice Management carbomonocycle ester]. Branch, Office of Pollution Prevention and Applicant: Cytec Industries, Inc. Use: Binder for printing inks. Toxics. Production Volume: CBI. Chemical: (G) Dialkyldithiophosphate [FR Doc. 2012–13349 Filed 5–31–12; 8:45 am] Number of Customers: CBI. salt. BILLING CODE 6560–50–P Test Marketing Period: CBI days, Use: (G) Mineral processing collector. commencing on first day of commercial Production Volume: CBI. manufacture. ENVIRONMENTAL PROTECTION Number of Customers: CBI. TME–11–0017. AGENCY Test Marketing Period: CBI days, Date of Receipt: September 22, 2011. [ER–FRL–9003–3] Notice of Receipt: November 9, 2011 commencing on first day of commercial (76 FR 69726) (FRL–8891–6). manufacture. Environmental Impacts Statements; Applicant: Cytec Industries, Inc. The following additional restrictions Notice of Availability Chemical: (G) substituted apply to these TMEs. A bill of lading Responsible Agency: Office of Federal carbomonocycle, polymer with accompanying each shipment must state Activities, General Information (202) alkyldiols, di[substituted that the use of the substance is restricted 564–7146 or http://www.epa.gov/ carbomonocycle ester]. to that approved in the TME. In compliance/nepa/. Use: (G) Ink binder resin. addition, the applicant shall maintain Production Volume: CBI. the following records until 5 years after Weekly receipt of Environmental Impact Number of Customers: CBI. the date they are created, and shall Statements Test Marketing Period: CBI days, Filed 05/21/2012 Through 05/25/2012 make them available for inspection or Pursuant to 40 CFR 1506.9. commencing on first day of commercial copying in accordance with section 11 manufacture. of TSCA: Notice TME–12–0001. 1. Records of the quantity of the TME Section 309(a) of the Clean Air Act Date of Receipt: October 19, 2011. substance produced and the date of requires that EPA make public its Notice of Receipt: December 9, 2011 manufacture. comments on EISs issued by other (76 FR 76969) (FRL–9328–1). 2. Records of dates of the shipments Federal agencies. EPA’s comment letters Applicant: CBI. to each customer and the quantities on EISs are available at: http://www.epa. Chemical: (G) Petroleum distillate supplied in each shipment. gov/compliance/nepa/eisdata.html. heavies. Supplementary Information: EPA is Use: Petroleum fuel blend and 3. Copies of the bill of lading that seeking agencies to participate in its e- distillation/fractionation feedstock. accompanies each shipment of the TME NEPA electronic EIS submission pilot. Production Volume: CBI. substance. Participating agencies can fulfill all Number of Customers: CBI. V. What was EPA’s risk assessment for requirements for EIS filing, eliminating Test Marketing Period: CBI days, these TMEs? the need to submit paper copies to EPA commencing on first day of commercial Headquarters, by filing documents manufacture. EPA identified no significant health online and providing feedback on the TME–12–0004. or environmental concerns for the test process. To participate in the pilot, Date of Receipt: December 22, 2011. market substances, due to either the low register at: https://cdx.epa.gov. Notice of Receipt: February 1, 2012 toxicity of each substance or low EIS No. 20120165, Draft EIS, USACE, (77 FR 5103) (FRL–9334–6). expected exposure. Therefore, the test FL, Central Florida Phosphate District, Applicant: CBI. market activities will not present any Phosphate Mining, To Expand Chemical: (G) Substituted pyridinium unreasonable risk of injury to human Existing Mines and Create New salt. health or the environment. Many of Phosphate Mines, Issuance of Permits, Use: (G) Corrosion inhibitor these TMEs were submitted per the USACE Section 404 Permit, Charlotte, component. TSCA New Chemicals Sustainable DeSoto, Hardee, Lee, Menatee, Polk, Production Volume: CBI. Futures Voluntary Pilot Project which is and Sarasota Counties, FL, Comment Number of Customers: CBI. designed to develop low risk chemicals; Period Ends: 07/16/2012, Contact: Test Marketing Period: CBI days, see the Federal Register of December John Fellows 813–769–7067 commencing on first day of commercial 11, 2002 (67 FR 76282) (FRL–7198–6). EIS No. 20120166, Draft EIS, BLM, NV, manufacture. VI. Can EPA change its decision on Hollister Underground Mine Project, TME–12–0005. these TMEs in the future? Transitioning from Underground Date of Receipt: December 22, 2011. Exploration Activities to a Full Scale Notice of Receipt: February 1, 2012 Yes. The Agency reserves the right to Producing Underground Gold and (77 FR 5103) (FRL–9334–6). rescind approval or modify the Silver Mine, Elko County, NV, Applicant: CBI. conditions and restrictions of an Comment Period Ends: 07/16/2012, Chemical: (G) Substituted pyridinium exemption should any new information Contact: Janice Stadelman 775–753– salt. that comes to its attention cast 0346 Use: (G) Corrosion inhibitor significant doubt on its finding that the EIS No. 20120167, Draft EIS, USFS, OR, component. test marketing activities will not present Mt. Bachelor Ski Area Improvements Production Volume: CBI. any unreasonable risk of injury to Project, Implementation, Bend-Ft. Number of Customers: CBI. human health or the environment. Rock Ranger District, Deschutes Test Marketing Period: CBI days, List of Subjects National Forest, Deschutes County, commencing on first day of commercial OR, Comment Period Ends: 07/16/ manufacture. Environmental protection, Test 2012, Contact: Amy Tinderholt 541– TME–12–0007. marketing exemptions. 383–4708

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EIS No. 20120168, Revised Draft EIS, ENVIRONMENTAL PROTECTION written comments to the Board, please USFS, 00, Lake Tahoe Basin AGENCY contact Mark Joyce at least five days prior to the meeting. Management Unit, Land and Resource [FRL–9680–5] Managment Plan, Updated Forest General Information: Additional Plan, Implementation, Alpine, El Good Neighbor Environmental Board information concerning the GNEB can Dorado, Placer Counties, CA and be found on its Web site at Douglas and Washoe Counties, AZ, AGENCY: Environmental Protection www.epa.gov/ocem/gneb. Comment Period Ends: 08/29/2012, Agency (EPA). Meeting Access: For information on Contact: Randy Moore 707–562–900 ACTION: Notice of meeting. access or services for individuals with disabilities, please contact Mark Joyce at EIS No. 20120169, Final Supplement, SUMMARY: Under the Federal Advisory 202–564–2130 or by email at USFS, OR, Invasive Plant Treatments Committee Act, Public Law 92463, EPA [email protected]. To request within the Deschutes and Ochoco gives notice of a meeting of the Good accommodation of a disability, please National Forests and the Crooked Neighbor Environmental Board (Board). contact Mark Joyce at least 10 days prior River National Grassland, Updated The Board usually meets three times to the meeting to give EPA as much time Information on Three New each calendar year, twice at different as possible to process your request. locations along the U.S. border with Alternatives, Proposal for Treatment Dated: May 22, 2012. of Invasive Plant Infestation and Mexico, and once in Washington, DC. It Mark Joyce, Protection of Uninfested Areas, was created in 1992 by the Enterprise Acting Designated Federal Officer. Implementation, Several Cos. OR, for the Americas Initiative Act, Public Review Period Ends: 07/02/2012, Law 102–532, 7 U.S.C. Section 5404. [FR Doc. 2012–13347 Filed 5–31–12; 8:45 am] Contact: Debra Mafera 541–416–6588 Implementing authority was delegated BILLING CODE 6560–50–P to the Administrator of EPA under EIS No. 20120170, Final EIS, USFS, MN, Executive Order 12916. The Board is Federal Hardrock Mineral Prospecting responsible for providing advice to the ENVIRONMENTAL PROTECTION Permits Project, To Conduct Mineral President and the Congress on AGENCY Exploration Drilling and Geophysical environmental and infrastructure issues [9680–4] Activities on the Superior National and needs within the States contiguous Forest, Issuance of Special Use to Mexico in order to improve the Good Neighbor Environmental Board Permit, Cook, Lake, St. Louis and quality of life of persons residing on the Koochiching Counties, MIN, Review United States side of the border. The AGENCY: Environmental Protection Period Ends: 07/23/2012, Contact: statute calls for the Board to have Agency (EPA). Peter Taylor 218–626–4368. representatives from U.S. Government ACTION: Request for nominations to the Good Neighbor Environmental Board. EIS No. 20120171, Final EIS, BLM, MN, agencies; the states of Arizona, California, New Mexico and Texas; and Adoption—Federal Hardrock Mineral SUMMARY: The U.S. Environmental tribal and private organizations with Prospecting Permits Project, To Protection Agency (EPA) invites experience in environmental and Conduct Mineral Exploration Drilling nominations from a diverse range of infrastructure issues along the US– qualified candidates to be considered and Geophysical Activities on the Mexico border. Superior National Forest, Issuance of The purpose of the meeting is to for appointment to its Good Neighbor Prospecting Permits, Cook, Lake, St. continue discussion on the Board’s 15th Environmental Board. Sources in Louis and Koochiching Counties, MN, report, which is focusing on water addition to this Federal Register Notice Review Period Ends: 07/23/2012, issues in the border region. A copy of may also be utilized in the solicitation Contact: Kurt Wadzinski 414–297– the meeting agenda will be posted at of nominees. 4408. http://www.epa.gov/ocem/gneb. Background: GNEB is a federal advisory committee chartered under the DATES: U.S. Department of the Interior’s The Good Neighbor Federal Advisory Committee Act Bureau of Land Management (BLM) has Environmental Board will hold an open (FACA), Public Law 92–463. GNEB was adopted the U.S. Department of meeting on Thursday, June 28, 2012, created in 1992 by the Enterprise for the Agriculture’s Forest Service Final EIS. from 8:30 a.m. (registration at 8 a.m.) to Americas Initiative Act, Public Law BLM was a cooperating agency for the 6 p.m. The following day, Friday, June 102–532, 7 U.S.C. Section 5404. above project, recirculation of the FEIS 29, 2012, the Board will meet from Implementing authority was delegated 8 a.m. until 2 p.m. is not necessary under Section 1506.3(3) to the Administrator of EPA under of the CEQ Regulations. ADDRESSES: The meeting will be held at Executive Order 12916. The GNEB is the DoubleTree by Hilton Hotel El Paso As a cooperating agency, the Bureau responsible for providing advice to the Downtown, 600 North El Paso Street, El President on environmental and of Land Management will issue a Record Paso, Texas 79901, and phone number: infrastructure issues and needs within of Decision (ROD) that will be available 915–532–8733. The meeting is open to the States contiguous to Mexico in order at the conclusion of the FEIS review the public, with limited seating on a to improve the quality of life of persons period but no sooner than 50 days from first-come, first-serve basis. residing on the United States side of the the beginning of the Forest Service FOR FURTHER INFORMATION CONTACT: border. The statute calls for the GNEB appeal period. Mark Joyce, Acting Designated Federal to have representatives from U.S. Dated: May 29, 2012. Officer, [email protected], 202–564– Government agencies; the states of Cliff Rader, 2130, U.S. EPA, Office of Federal Arizona, California, New Mexico and Advisory Committee Management and Texas; and tribal and private Director, NEPA Compliance Division, Office Outreach (1601M), 1200 Pennsylvania of Federal Activities. organizations with experience in Avenue NW., Washington, DC 20460. environmental and infrastructure issues [FR Doc. 2012–13356 Filed 5–31–12; 8:45 am] SUPPLEMENTARY INFORMATION: If you along the U.S./Mexico Border. Members BILLING CODE 6560–50–P wish to make oral comments or submit are appointed by the EPA Administrator

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for two year terms with the possibility To help the Agency in evaluating the Board of Governors of the Federal Reserve of reappointment to a second term. The effectiveness of its outreach efforts, System, May 29, 2012. GNEB meets approximately three times please tell us how you learned of this Margaret McCloskey Shanks, annually. opportunity. Associate Secretary of the Board. The GNEB provides guidance to the Please be aware that EPA’s policy is [FR Doc. 2012–13288 Filed 5–31–12; 8:45 am] President on environmental and that, unless otherwise prescribed by BILLING CODE 6210–01–P infrastructure issues along the U.S.- statute, members generally are Mexico border in the form of an annual appointed to two- or three-year terms. report and through advice letters. ADDRESSES: Submit nominations to FEDERAL RESERVE SYSTEM Although we are unable to offer Mark Joyce, Acting Designated Federal compensation or an honorarium for Sunshine Act Meeting Notice Officer, Office of Federal Advisory your services, you may receive travel Committee Management and Outreach AGENCY: Board of Governors of the and per diem allowances, according to (1601M), 1200 Pennsylvania Avenue Federal Reserve System. applicable federal travel regulations. NW., Washington, DC 20460. You may The GNEB is seeking nominations from TIME AND DATE: 3:30 p.m., Thursday, also email nominations with the subject a variety of nongovernmental interests June 7, 2012. line COMMITTEE RESUME 2012 to along the U.S.-Mexico border from the PLACE: Marriner S. Eccles Federal [email protected]. private sector, academia, environmental Reserve Board Building, 20th Street groups, health groups, ranching and FOR FURTHER INFORMATION CONTACT: entrance between Constitution Avenue grazing, energy, and other relevant Mark Joyce, Acting Designated Federal and C Streets NW., Washington, DC sectors. EPA values and welcomes Officer, U.S. EPA, telephone 202–564– 20551. diversity. In an effort to obtain 2130, fax: 202–564–8129. STATUS: Open. On the day of the nominations of diverse candidates, EPA Dated: May 22, 2012. meeting, you will be able to view the encourages nominations of women and Mark Joyce, meeting via Web cast from a link men of all racial and ethnic groups. Acting Designated Federal Officer. available on the Board’s public Web The following criteria will be used to site. You do not need to register to view [FR Doc. 2012–13345 Filed 5–31–12; 8:45 am] evaluate nominees: the Web cast of the meeting. A link to • BILLING CODE 6560–50–P The background and experiences the meeting documentation will also be that would help members contribute to available approximately 20 minutes the diversity of perspectives on the before the start of the meeting. Both committee (e.g., geographic, economic, FEDERAL RESERVE SYSTEM links may be accessed from the Board’s social, cultural, educational, and other public Web site at considerations). Change in Bank Control Notices; www.federalreserve.gov. • Representative of a sector or group Acquisitions of Shares of a Bank or If you plan to attend the open meeting that helps to shape border-region Bank Holding Company in person, we ask that you notify us in environmental policy or representatives advance and provide your name, date of of a group that is affected by border The notificants listed below have birth, and social security number (SSN) region environmental policy. • applied under the Change in Bank or passport number. You may provide Has extensive professional Control Act (12 U.S.C. 1817(j)) and this information by calling 202–452– knowledge and experience with the § 225.41 of the Board’s Regulation Y (12 2474 or you may register online. You particular issues that the GNEB CFR 225.41) to acquire shares of a bank may pre-register until close of business examines (i.e., environmental and or bank holding company. The factors on June 6, 2012. You also will be asked infrastructure issues along the U.S.- that are considered in acting on the to provide identifying information, Mexico border), including the bi- notices are set forth in paragraph 7 of including a photo ID, before being national dimension of these issues. the Act (12 U.S.C. 1817(j)(7)). admitted to the Board meeting. The • Bring senior level experience that The notices are available for Public Affairs Office must approve the will fill a need of the GNEB in bringing immediate inspection at the Federal use of cameras; please call 202–452– a new and relevant dimension to its Reserve Bank indicated. The notices 2955 for further information. deliberations. • Possesses a demonstrated ability to also will be available for inspection at If you need an accommodation for a work in a consensus building process the offices of the Board of Governors. disability, please contact Penelope with a wide range of representatives Interested persons may express their Beattie on 202–452–3982. For the from diverse constituencies. views in writing to the Reserve Bank hearing impaired only, please use the • Ability to contribute approximately indicated for that notice or to the offices Telecommunication Device for the Deaf 10 to 15 hours per month to the GNEB’s of the Board of Governors. Comments (TDD) on 202–263–4869. activities, including face-to-face must be received not later than June 18, Privacy Act Notice: The information you meetings, conference calls, and 2012. provide will be used to assist us in participation in the development of the A. Federal Reserve Bank of prescreening you to ensure the security GNEB’s annual report to the President Minneapolis (Jacqueline G. King, of the Board’s premises and personnel. and comment letters. Community Affairs Officer) 90 In order to do this, we may disclose • Nominees may self nominate by Hennepin Avenue, Minneapolis, your information consistent with the submitting a resume describing their Minnesota 55480–0291: routine uses listed in the Privacy Act professional and educational 1. William V. Eckles Bank Trust, Notice for BGFRS–32, including to qualifications, including current William V. Eckles as Trustee, Blue appropriate federal, state, local, or business address, email, and daytime Earth, Minnesota; to retain control of foreign agencies where disclosure is telephone number. FNB Bancshares, Inc., and thereby reasonably necessary to determine • All nominees must demonstrate the indirectly retain control of First Bank whether you pose a security risk or potential for active and constructive Blue Earth, both in Blue Earth, where the security or confidentiality of involvement in the GNEB’s work. Minnesota. your information has been

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compromised. We are authorized to announcement of this meeting; or you Desk Officer; faxed to OMB at 202–395– collect your information by 12 U.S.C may access the Board’s public Web site 5806. 243 and 248, and Executive Order 9397. at www.federalreserve.gov for an Proposed Project: Let’s Move! Cities, In accordance with Executive Order electronic announcement. (The Web site Towns, and Counties—OMB No. 0990– 9397, we collect your SSN so that we also includes procedural and other 0388—Extension—Office of the can keep accurate records, because other information about the open meeting.) Assistant Secretary for Planning and people may have the same name and Dated: May 30, 2012. Evaluation (ASPE). birth date. In addition, we use your SSN Jennifer J. Johnson, Abstract: The Office of the Assistant when we make requests for information Secretary of the Board. Secretary for Planning and Evaluation about you from law enforcement and [FR Doc. 2012–13413 Filed 5–30–12; 4:15 pm] (ASPE) is requesting an extension from other regulatory agency databases. BILLING CODE 6210–01–P the Office of Management and Budget Furnishing the information requested is (OMB) to conduct a survey of public voluntary; however, your failure to sector organizations for the Let’s Move! provide any of the information Cities, Towns and Counties Initiative. requested may result in disapproval of DEPARTMENT OF HEALTH AND HUMAN SERVICES Let’s Move! is a comprehensive your request for access to the Board’s initiative, launched by the First Lady, premises. You may be subject to a fine [Document Identifier OS–0990–0388] dedicated to solving the challenge of or imprisonment under 18 U.S.C 1001 childhood obesity within a generation. for any false statements you make in Agency Information Collection Combining comprehensive strategies your request to enter the Board’s Request. 30-Day Public Comment with common sense, Let’s Move! is premises. Request about: Matters To Be Considered AGENCY: Office of the Secretary, HHS. • Putting children on the path to a In compliance with the requirement healthy future during their earliest Discussion Agenda: of section 3506(c)(2)(A) of the 1. Proposed interagency rulemakings: months and years; Paperwork Reduction Act of 1995, the • Giving parents helpful information strengthening and harmonizing the Office of the Secretary (OS), Department regulatory capital framework for and fostering environments that support of Health and Human Services, is healthy choices; banking organizations, including publishing the following summary of a proposed rules for implementing Basel • Providing healthier foods in our proposed collection for public schools; III for banking organizations and comment. Interested persons are invited • Ensuring that every family has proposed consolidated capital to send comments regarding this burden requirements for savings and loan access to healthy, affordable food; and estimate or any other aspect of this • holding companies. collection of information, including any Helping kids become more 2. Final interagency rulemaking: of the following subjects: (1) The physically active. Market risk capital rule. necessity and utility of the proposed Let’s Move! Cities, Towns, and Notes: 1. The staff memo to the Board will information collection for the proper Counties emphasizes the unique ability be made available to the public on the day performance of the agency’s functions; of communities to solve the challenge of the meeting in paper and the background (2) the accuracy of the estimated locally, and the critical leadership material will be made available on a compact burden; (3) ways to enhance the quality, mayors and elected officials can provide disc (CD). If you require a paper copy of the utility, and clarity of the information to to bring communities together and spur entire document, please call Penelope Beattie action. The initiative is designed to on 202–452–3982. The documentation will be collected; and (4) the use of not be available until about 20 minutes automated collection techniques or encourage mayors and elected officials before the start of the meeting. other forms of information technology to to adopt a long-term, sustainable and 2. This meeting will be recorded for the minimize the information collection holistic approach to fighting childhood benefit of those unable to attend. CDs will burden. obesity. then be available for listening in the Board’s To obtain copies of the supporting This activity is requesting comment Freedom of Information Office, and copies statement and any related forms for the on the burden for a baseline survey for can be ordered for $4 per disc by calling 202– proposed paperwork collections local or county officials who have 452–3684 or by writing to: Freedom of referenced above, email your request, chosen to participate in Let’s Move! Information Office, Board of Governors of the Federal Reserve System, Washington, DC including your address, phone number, Cities, Towns, and Counties. The survey 20551. OMB number, and OS document requests information about the activities identifier, to the locality is choosing to undertake. For more information please contact: [email protected], or call The responses to these questions will be Michelle Smith, Director, or Dave the Reports Clearance Office on (202) used to show progress and successes Skidmore, Assistant to the Board, Office 690–5683. Send written comments and over time for localities participating in of Board Members at 202–452–2955. recommendations for the proposed Let’s Move! Cities, Towns, and Counties. SUPPLEMENTARY INFORMATION: You may information collections within 30 days Separate notices will be published for call 202–452–3206 for a recorded of this notice directly to the OS OMB subsequent surveys.

ESTIMATED ANNUALIZED BURDEN TABLE

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

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

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Keith A. Tucker, utility, and clarity of the information to are implemented, and identify strategies Office of the Secretary, Paperwork Reduction be collected; and (4) the use of for ensuring that available federal Act Reports Clearance Officer. automated collection techniques or resources are directed to areas of [FR Doc. 2012–13331 Filed 5–31–12; 8:45 am] other forms of information technology to greatest need. To supplement the BILLING CODE 4150–05–P minimize the information collection analysis of existing quantitative data burden. sources, including Ryan White HIV/ To obtain copies of the supporting AIDS Program data, Medicaid DEPARTMENT OF HEALTH AND statement and any related forms for the enrollment and claims data, and HIV HUMAN SERVICES proposed paperwork collections surveillance data, this two-year [Document Identifier 0990–New] referenced above, email your request, information collection request is for including your address, phone number, primary data collection in the form of Agency Information Collection OMB number, and OS document telephone interviews with identifier, to Request; 30-Day Public Comment administrators of Ryan White grants and [email protected], or call Request providers of HIV care services. In light the Reports Clearance Office on (202) of Congressional interest expressed in AGENCY: Office of the Secretary, HHS. 690–5683. Send written comments and Senate Report 111–243 concerning how In compliance with the requirement recommendations for the proposed the Ryan White Program will transition of section 3506(c)(2)(A) of the information collections within 30 days Paperwork Reduction Act of 1995, the of this notice directly to the OS OMB into a larger system of care with the Office of the Secretary (OS), Department Desk Officer; faxed to OMB at 202–395– implementation of the Affordable Care of Health and Human Services, is 5806. Act, these interviews will help ASPE to publishing the following summary of a Proposed Project: Ryan White HIV/ understand the potential impact of the proposed collection for public AIDS Program Modeling Project—OMB Affordable Care Act from the comment. Interested persons are invited No. 0990–New—Office of the Assistant perspectives of Ryan White grantees and to send comments regarding this burden Secretary for Planning and Evaluation. service providers. The interview estimate or any other aspect of this Abstract: The Office of the Assistant protocols will cover topics including collection of information, including any Secretary for Planning and Evaluation HIV service needs and use; coordination of the following subjects: (1) The (ASPE) is requesting the Office of of client insurance enrollment, benefits, necessity and utility of the proposed Management and Budget (OMB) and services; factors that influence information collection for the proper approval of a new collection that will variation in HIV care costs and selection performance of the agency’s functions; examine the service needs under the of AIDS Drug Assistance Program cost (2) the accuracy of the estimated Ryan White HIV/AIDS Program as the containment procedures; and methods burden; (3) ways to enhance the quality, provisions of the Affordable Care Act of ensuring quality care.

ESTIMATED ANNUALIZED BURDEN TABLE

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

Ryan White Part A Grantees (metropolitan area officials) ...... 26 1 1.08 28 Ryan White Part B Grantees (state officials) ...... 51 1 1.08 55 Ryan White Part A, B, C, D, or Minority AIDS Initiative Providers (service providers) ...... 133 1 55/60 122

Total ...... 205

Keith A. Tucker, nominations to the Health Information nationwide health information Paperwork Reduction Act Reports Clearance Technology Standards Committee technology infrastructure that permits Officer, Office of the Secretary. (HITSC) and Health Information the electronic exchange and use of [FR Doc. 2012–13333 Filed 5–31–12; 8:45 am] Technology Policy Committee (HITPC). health information as is consistent with BILLING CODE 4150–05–P Name of Committees: HIT Standards the Federal Health IT Strategic Plan and Committee and HIT Policy Committee. that includes recommendations on the General Function of the Committees: areas in which standards, DEPARTMENT OF HEALTH AND The HITSC is charged to provide implementation specifications, and HUMAN SERVICES recommendations to the National certification criteria are needed. Coordinator on standards, HIT Standards Committee and HIT implementation specifications, and DATES: Date and Time: Nominations Policy Committee; Call for certification criteria for the electronic must be received by Monday, June 11, Nominations exchange and use of health information 2012. for purposes of adoption, consistent Contact Person: MacKenzie AGENCY: Office of the National with the implementation of the Federal Robertson, Office of the National Coordinator for Health Information Health IT Strategic Plan, and in Coordinator, HHS, 355 E Street SW., Technology, HHS. accordance with policies developed by Washington, DC 20024, phone: 202– ACTION: Call for nominations. the HIT Policy Committee. 205–8089, email: The HITPC is charged to provide [email protected]. SUMMARY: The Office of the National recommendations to the National Background: The HIT Standards Coordinator for Health Information Coordinator on a policy framework for Committee was established under the Technology (ONC) is seeking the development and adoption of a American Recovery and Reinvestment

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Act 2009 (ARRA)(Pub. L. 111–5), nomination package. A nomination of this class to the SEC or the result of section 13101, new Section 3003. package must include: a letter clearly any provision by Congress regarding the Members of the HIT Standards stating which committee the nominee is decision by HHS to add the class to the Committee are appointed by the applying to and the nominee’s area of SEC. Secretary, HHS and shall at least reflect expertise, a short bio, a current CV FOR FURTHER INFORMATION CONTACT: providers, ancillary healthcare workers, including contact information and Stuart L. Hinnefeld, Director, Division consumers, purchasers, health plans, memberships with professional of Compensation Analysis and Support, technology vendors, researchers, organizations/advisory committees, and NIOSH, 4676 Columbia Parkway, MS relevant Federal agencies, and relevant letters of support. C–46, Cincinnati, OH 45226, Telephone individuals with technical expertise on Nominations should be emailed to 1–877–222–7570. Information requests health care quality, privacy and [email protected]. Paper can also be submitted by email to security, and on the electronic exchange nomination packages must be [email protected]. and use of health information. postmarked no later than June 11, 2012 Nominees of the HITSC should have and addressed to MacKenzie Robertson, John Howard, experience promoting the meaningful FACA Program Lead, Office of the Director, National Institute for Occupational use of health information technology National Coordinator, 335 E Street SW., Safety and Health. and be knowledgeable in areas such as: Suite 310, Washington, DC 20024. [FR Doc. 2012–13375 Filed 5–31–12; 8:45 am] small innovative health care providers, BILLING CODE 4163–19–P Dated: May 24, 2012. providers participating in payment reform initiatives, accountable care MacKenzie Robertson, organizations, pharmacists, behavioral FACA Program Lead, Office of Policy and DEPARTMENT OF HEALTH AND health professionals, home health care, Planning, Office of the National Coordinator HUMAN SERVICES for Health Information Technology. purchaser or employer representatives, patient safety, health information [FR Doc. 2012–13366 Filed 5–31–12; 8:45 am] Designation of a Class of Employees technology security, big data, consumer BILLING CODE 4150–45–P for Addition to the Special Exposure e-health, personal health records, and Cohort mobile health applications. AGENCY: National Institute for The HIT Policy Committee was DEPARTMENT OF HEALTH AND HUMAN SERVICES Occupational Safety and Health established under the American (NIOSH), Centers for Disease Control Recovery and Reinvestment Act 2009 Designation of a Class of Employees and Prevention, Department of Health (ARRA) (Pub. L. 111–5), section 13101, for Addition to the Special Exposure and Human Services (HHS). new Section 3002. Members of the HIT Cohort ACTION: Notice. Policy Committee are appointed in the following manner: 3 members appointed AGENCY: National Institute for SUMMARY: HHS gives notice of a by the Secretary, HHS; 4 members Occupational Safety and Health decision to designate a class of appointed by Congress; 13 members (NIOSH), Centers for Disease Control employees from the Clinton Engineer appointed by the Comptroller General of and Prevention, Department of Health Works in Oak Ridge, Tennessee, as an the United States; and other federal and Human Services (HHS). addition to the Special Exposure Cohort members appointed by the President. ACTION: Notice. (SEC) under the Energy Employees Nominations are being accepted for one Occupational Illness Compensation of the three members appointed by the SUMMARY: HHS gives notice of a Program Act of 2000. On May 11, 2012, Secretary of HHS. Nominees of the decision to designate a class of the Secretary of HHS designated the HITPC should have experience employees from Sandia National following class of employees as an promoting the meaningful use of health Laboratories in Albuquerque, New addition to the SEC: information technology and be Mexico, as an addition to the Special All employees of the Tennessee Eastman knowledgeable in privacy and security Exposure Cohort (SEC) under the Energy Corporation (1943–1947) and the Carbide and issues related to health information. Employees Occupational Illness Carbon Chemicals Corporation (1947–1949) Members will be selected in order to Compensation Program Act of 2000. On who were employed at the Clinton Engineer achieve a balanced representation of May 11, 2012, the Secretary of HHS Works in Oak Ridge, Tennessee, from January viewpoints, areas of experience, subject designated the following class of 1, 1943 through December 31, 1949 for a matter expertise, and representation of employees as an addition to the SEC: number of work days aggregating at least 250 the health care system. Terms will be work days, occurring either solely under this All employees of the Department of employment or in combination with work three (3) years from the appointment Energy, its predecessor agencies, and their date to either the HITSC or HITPC. days within the parameters established for contractors and subcontractors who worked one or more classes of employees included in Members on both Committees serve in any area at Sandia National Laboratories the Special Exposure Cohort. without pay. However, members will be in Albuquerque, New Mexico, from January provided per diem and travel costs for 1, 1963 through December 31, 1994, for a This designation will become performance of Committee services. number of work days aggregating at least 250 effective on June 10, 2012, unless Current HITSC and HITPC members work days, occurring either solely under this Congress provides otherwise prior to the whose terms are expiring are allowed to employment, or in combination with work effective date. After this effective date, reapply for a second consecutive term. days within the parameters established for HHS will publish a notice in the For more information on the HIT one or more other classes of employees Federal Register reporting the addition Policy and Standards Committees please included in the Special Exposure Cohort. of this class to the SEC or the result of visit the Web site, http:// This designation will become any provision by Congress regarding the healthit.hhs.gov/FACA. effective on June 10, 2012, unless decision by HHS to add the class to the Submitting Nominations: Congress provides otherwise prior to the SEC. Nominations should be typed and all effective date. After this effective date, FOR FURTHER INFORMATION CONTACT: required documents must be compiled HHS will publish a notice in the Stuart L. Hinnefeld, Director, Division and submitted in one complete Federal Register reporting the addition of Compensation Analysis and Support,

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NIOSH, 4676 Columbia Parkway, MS can also be submitted by email to DEPARTMENT OF HEALTH AND C–46, Cincinnati, OH 45226, Telephone [email protected]. HUMAN SERVICES 1–877–222–7570. Information requests John Howard, can also be submitted by email to Meetings of the National Biodefense Director, National Institute for Occupational Science Board [email protected]. Safety and Health. John Howard, [FR Doc. 2012–13374 Filed 5–31–12; 8:45 am] AGENCY: Department of Health and Director, National Institute for Occupational BILLING CODE 4163–19–P Human Services, Office of the Secretary. Safety and Health. ACTION: Notice. [FR Doc. 2012–13381 Filed 5–31–12; 8:45 am] DEPARTMENT OF HEALTH AND SUMMARY: As stipulated by the Federal BILLING CODE 4163–19–P HUMAN SERVICES Advisory Committee Act, the U.S. Department of Health and Human Designation of a Class of Employees Services is hereby giving notice that the DEPARTMENT OF HEALTH AND for Addition to the Special Exposure National Biodefense Science Board HUMAN SERVICES Cohort (NBSB) will be holding a closed session Designation of a Class of Employees AGENCY: National Institute for under exemption 9(B) of the for Addition to the Special Exposure Occupational Safety and Health Government in Sunshine Act, 5 U.S.C. Cohort (NIOSH), Centers for Disease Control 552b(c), in addition to a public meeting and Prevention, Department of Health the following day. AGENCY: National Institute for and Human Services (HHS). DATES: The June 26, 2012, NBSB public Occupational Safety and Health ACTION: Notice. meeting is tentatively scheduled from (NIOSH), Centers for Disease Control 9:00 a.m. to 5 p.m. The closed session SUMMARY: HHS gives notice of a and Prevention, Department of Health of the NBSB will take place on June 25, decision to designate a class of and Human Services (HHS). 2012, and is tentatively scheduled from employees from the Brookhaven 10:00 a.m. to 1:00 p.m. The agendas for ACTION: Notice. National Laboratory in Upton, New both days are subject to change as York, as an addition to the Special priorities dictate. Please check the SUMMARY: HHS gives notice of a Exposure Cohort (SEC) under the Energy NBSB Web site for the most up-to-date decision to designate a class of Employees Occupational Illness information on these meetings. Compensation Program Act of 2000. On employees from the Electro ADDRESSES: The June 26, 2012, public May 11, 2012, the Secretary of HHS Metallurgical site in Niagara Falls, New meeting will be held at the Washington designated the following class of York, as an addition to the Special Plaza Hotel, 10 Thomas Circle employees as an addition to the SEC: Exposure Cohort (SEC) under the Energy Northwest, Washington, DC 20005. To Employees Occupational Illness All employees of the Department of attend by teleconference and/or Web Compensation Program Act of 2000. On Energy, its predecessor agencies, and their cast, please refer to the NBSB Web site May 11, 2012, the Secretary of HHS contractors and subcontractors who worked for further instructions at designated the following class of at the Brookhaven National Laboratory in Upton, New York, from January 1, 1980 WWW.PHE.GOV/NBSB. Please log-in/ employees as an addition to the SEC: through December 31, 1993, for a number of call 15 minutes prior to the beginning of All employees of the Department of work days aggregating at least 250 work days, the meeting to facilitate attendance. Pre- Energy, its predecessor agencies, and their occurring either solely under this registration is optional for in-person contractors and subcontractors who worked employment, or in combination with work attendance, however online access to days within the parameters established for at the Electro Metallurgical site in Niagara the Web cast is required by June 21, one or more other classes of employees 2012. Individuals who wish to attend Falls, New York, from August 13, 1942 included in the Special Exposure Cohort. through December 31, 1947, for a number of the meeting in-person should send an work days aggregating at least 250 work days, This designation will become email to [email protected] with ‘‘NBSB occurring either solely under this effective on June 10, 2012, unless Registration’’ in the subject line by June employment, or in combination with work Congress provides otherwise prior to the 21, 2012. The closed session will not be days within the parameters established for effective date. After this effective date, open to the public as stipulated under one or more other classes of employees HHS will publish a notice in the exemption 9(B) of the Government in included in the Special Exposure Cohort. Federal Register reporting the addition Sunshine Act, 5 U.S.C. section 552b(c). of this class to the SEC or the result of FOR FURTHER INFORMATION CONTACT: The This designation will become any provision by Congress regarding the National Biodefense Science Board decision by HHS to add the class to the effective on June 10, 2012, unless mailbox: [email protected]. Congress provides otherwise prior to the SEC. SUPPLEMENTARY INFORMATION: effective date. After this effective date, FOR FURTHER INFORMATION CONTACT: Pursuant HHS will publish a notice in the Stuart L. Hinnefeld, Director, Division to section 319M of the Public Health Federal Register reporting the addition of Compensation Analysis and Support, Service Act (42 U.S.C. 247d–7f) and of this class to the SEC or the result of NIOSH, 4676 Columbia Parkway, MS section 222 of the Public Health Service any provision by Congress regarding the C–46, Cincinnati, OH 45226, Telephone Act (42 U.S.C. 217a), the Department of decision by HHS to add the class to the 1–877–222–7570. Information requests Health and Human Services established SEC. can also be submitted by email to the National Biodefense Science Board. [email protected]. The Board shall provide expert advice FOR FURTHER INFORMATION CONTACT: and guidance to the Secretary on Stuart L. Hinnefeld, Director, Division John Howard, scientific, technical, and other matters of Compensation Analysis and Support, Director, National Institute for Occupational of special interest to the Department of NIOSH, 4676 Columbia Parkway, MS Safety and Health. Health and Human Services (HHS) C–46, Cincinnati, OH 45226, Telephone [FR Doc. 2012–13371 Filed 5–31–12; 8:45 am] regarding current and future chemical, 1–877–222–7570. Information requests BILLING CODE 4163–19–P biological, nuclear, and radiological

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agents, whether naturally occurring, DEPARTMENT OF HEALTH AND and make decisions regarding the accidental, or deliberate. The Board may HUMAN SERVICES invention and patent program of CDC also provide advice and guidance to the and the authority to make Secretary and/or the Assistant Secretary Determination Concerning a Petition determinations of rights in inventions for Preparedness and Response (ASPR) To Add a Class of Employees to the and patents in which CDC and the on other matters related to public health Special Exposure Cohort Department have an interest. This delegation excludes the authority emergency preparedness and response. AGENCY: National Institute for under 35 U.S.C. 203 (March-in Rights) Background: The June 26, 2012, Occupational Safety and Health (NIOSH), Centers for Disease Control and the authority to submit reports to public meeting will be dedicated to the Congress. introduction of two new tasks to the and Prevention, Department of Health and Human Services (HHS). In addition, this delegation excludes NBSB. The NBSB is being tasked to those authorities under the Stevenson- ACTION: Notice. advise the HHS Secretary on the Wydler Technology Act of 1980, as development of a national public health SUMMARY: HHS gives notice of a amended by the Federal Technology and healthcare situational awareness determination concerning a petition to Transfer Act of 1986 and the National strategy and implementation plan. In add a class of employees from Hangar Technology Transfer and Advancement addition, the NBSB, in collaboration 481 at Kirtland Air Force Base to the Act of 1995, which are governed by a with the Public Health Preparedness Special Exposure Cohort (SEC) under separate delegation. and Response—Board of Scientific the Energy Employees Occupational The exercise of this authority must be Counselors, a Centers for Disease Illness Compensation Program Act of in accordance with applicable laws, Control and Prevention Federal 2000 (EEOICPA), 42 U.S.C. 7384q. On regulations, and Office of Government Advisory Committee, is being tasked May 11, 2012, the Secretary of HHS Ethics, U.S. Office of Personnel with identification and evaluation of the determined that the following class of Management, and DHHS policies and anticipated responsibilities of the employees does not meet the statutory instructions. Strategic National Stockpile for the year criteria for addition to the SEC as This delegation became effective upon 2020. The NBSB continues to review authorized under EEOICPA: date of signature. I hereby affirm and ratify any actions taken that involve the and evaluate the 2012 Public Health All employees who worked at Hangar 481, Emergency Medical Countermeasures Kirtland Air Force Base, from March 1, 1989 exercise of the authorities delegated Enterprise (PHEMCE) Strategy and through February 29, 1996. herein prior to the effective date of this delegation. Implementation Plan (SIP). Therefore, FOR FURTHER INFORMATION CONTACT: the Board’s deliberations on the Stuart L. Hinnefeld, Director, Division Dated: May 14, 2012. PHEMCE SIP task are being conducted of Compensation Analysis and Support, Thomas R. Frieden, in closed sessions in accordance with National Institute for Occupational Director, Centers for Disease Control and provisions set forth under exemption Safety and Health (NIOSH), 4676 Prevention. 9(B) of the Government in Sunshine Columbia Parkway, MS C–46, [FR Doc. 2012–13238 Filed 5–31–12; 8:45 am] Act, 5 U.S.C. 552b(c), and with approval Cincinnati, OH 45226, Telephone BILLING CODE 4160–18–M by the ASPR. For a full description for 1–877–222–7570. Information requests the basis for closing the meeting on June can also be submitted by email to 25, 2012, please see the previous [email protected]. DEPARTMENT OF HEALTH AND HUMAN SERVICES meeting notice published at 77 FR John Howard, 13129 (2012). Director, National Institute for Occupational Food and Drug Administration Availability of Materials: The meeting Safety and Health. [Docket No. FDA–2011–P–0804] agenda and materials will be posted on [FR Doc. 2012–13378 Filed 5–31–12; 8:45 am] the NBSB Web site at www.PHE.GOV/ BILLING CODE 4163–19–P Medical Devices; Exemption From NBSB prior to the meeting. Premarket Notification: Powered Patient Transport Procedures for Providing Public Input: DEPARTMENT OF HEALTH AND Any member of the public providing HUMAN SERVICES AGENCY: Food and Drug Administration, oral comments at the meeting must sign- HHS. in at the registration desk and provide Centers for Disease Control and ACTION: Notice. his/her name, address, and affiliation. Prevention All written comments must be received SUMMARY: The Food and Drug prior to June 21, 2012, and should be Patents and Inventions; Delegation of Administration (FDA) is announcing sent by email to [email protected] with Authority that it has received a petition requesting ‘‘NBSB Public Comment’’ as the subject Notice is hereby given that I have exemption from the premarket line. Individuals who plan to attend and delegated to the Director, Division of notification requirements for powered need special assistance, such as sign Laboratory Policy and Practice (DLPP), patient transport devices commonly language interpretation or other Laboratory Science Policy and Practice known as stairlifts. These devices are reasonable accommodations, should Program Office (LSPPPO), Office of used to assist transfers of a mobility email [email protected]. Surveillance, Epidemiology and impaired person up and down flights of stairs. FDA is publishing this notice to Dated: May 25, 2012. Laboratory Services (OSELS), Centers for Disease Control and Prevention obtain comments in accordance with Nicole Lurie, (CDC), the Deputy Director, DLPP, procedures established by the Food and Assistant Secretary for Preparedness and LSPPPO, OSELS, CDC, and the Chief, Drug Administration Modernization Act Response. Technology Management Branch, DLPP, of 1997 (FDAMA). [FR Doc. 2012–13387 Filed 5–31–12; 8:45 am] LSPPPO, OSELS, without authority to DATES: Submit either electronic or BILLING CODE 4150–37–P redelegate, all authorities to administer written comments by July 2, 2012.

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ADDRESSES: You may submit comments, showing that the general controls of the interested person, if FDA determines identified with the FDA docket number FD&C Act are sufficient to assure safety that a 510(k) is not necessary to provide found in brackets in the heading of this and effectiveness; into class II (special reasonable assurance of the safety and document, by any of the following controls), if general controls by effectiveness of the device. This section methods: themselves are insufficient to provide requires FDA to publish in the Federal reasonable assurance of safety and Electronic Submissions Register a notice of intent to exempt a effectiveness, but there is sufficient device, or of the petition, and to provide Submit electronic comments in the information to establish special controls a 30-day comment period. Within 120 following way: to provide such assurance; and into • Federal eRulemaking Portal: http:// days of publication of this document, class III (premarket approval), if there is FDA must publish in the Federal www.regulations.gov. Follow the insufficient information to support Register its final determination instructions for submitting comments. classifying a device into class I or class regarding the exemption of the device Written Submissions II and the device is a life sustaining or life supporting device or is for a use that was the subject of the notice. If FDA Submit written submissions in the which is of substantial importance in fails to respond to a petition under this following ways: section within 180 days of receiving it, • preventing impairment of human health FAX: 301–827–6870. or presents a potential unreasonable risk the petition shall be deemed granted. • Mail/Hand delivery/Courier (for of illness or injury. II. Criteria for Exemption paper, disk, or CD–ROM submissions): Most generic types of devices that Division of Dockets Management (HFA– were on the market before the date of There are a number of factors FDA 305), Food and Drug Administration, the 1976 amendments (May 28, 1976) 5630 Fishers Lane, Rm. 1061, Rockville, may consider to determine whether a (generally referred to as preamendments 510(k) is necessary to provide MD 20852. devices) have been classified by FDA Instructions: All submissions received reasonable assurance of the safety and under the procedures set forth in section must include the Agency name and effectiveness of a class II device. These 513(c) and (d) of the FD&C Act through factors are discussed in the guidance the docket number for this notice. All the issuance of classification regulations Agency issued on February 19, 1998, comments received may be posted into one of these three regulatory entitled ‘‘Procedures for Class II Device without change to http:// classes. Devices introduced into www.regulations.gov, including any interstate commerce for the first time on Exemptions from Premarket personal information provided. For or after May 28, 1976 (generally referred Notification, Guidance for Industry and additional information on submitting to as postamendments devices), are CDRH Staff.’’ That guidance is available comments, see the ‘‘Comments’’ heading classified through the premarket through the Internet at http://www.fda. of the SUPPLEMENTARY INFORMATION notification process under section gov/downloads/MedicalDevices/Device section of this document. 510(k) of the FD&C Act (21 U.S.C. RegulationandGuidance/Guidance Docket: For access to the docket to 360(k)). Section 510(k) of the FD&C Act Documents/UCM080199.pdf or by read background documents or and the implementing regulations, 21 sending an email request to comments received, go to http:// CFR part 807, require persons who [email protected] to receive an www.regulations.gov and insert the intend to market a new device to submit electronic copy of the document or send docket number, found in brackets in the a premarket notification (510(k)) a fax request to 301–847–8149 to receive heading of this document, into the containing information that allows FDA a hard copy. Please use the document ‘‘Search’’ box and follow the prompts to determine whether the new device is number 159 to identify the guidance and/or go to the Division of Dockets ‘‘substantially equivalent’’ within the you are requesting. Management, 5630 Fishers Lane, rm. meaning of section 513(i) of the FD&C 1061, Rockville, MD 20852. Act to a legally marketed device that III. Proposed Class II Device FOR FURTHER INFORMATION CONTACT: does not require premarket approval. Exemptions Rebecca Nipper, Center for Devices and On November 21, 1997, the President Radiological Health, Food and Drug signed into law FDAMA (Public Law FDA has received the following Administration, 10903 New Hampshire 105–115). Section 206 of FDAMA, in petition requesting an exemption from Ave., Bldg. 66, Rm. 1540, Silver Spring, part, added a new section 510(m) to the premarket notification for a class II MD 20993–0002, 301–796–6527, FAX: FD&C Act. Section 510(m)(1) of the device: Richard Keller, on behalf of 301–847–8122. FD&C Act requires FDA, within 60 days Bruno Independent Living Aids, Inc., SUPPLEMENTARY INFORMATION: after enactment of FDAMA, to publish for powered patient transport devices in the Federal Register a list of each (commonly known as stairlifts), I. Statutory Background type of class II device that does not classified under 21 CFR 890.5150. Under section 513 of the Federal require a report under section 510(k) of Food, Drug, and Cosmetic Act (FD&C the FD&C Act to provide reasonable IV. Comments Act) (21 U.S.C. 360c), FDA must classify assurance of safety and effectiveness. Interested persons may submit to the devices into one of three regulatory Section 510(m) of the FD&C Act further Division of Dockets Management (see classes: Class I, class II, or class III. FDA provides that a 510(k) will no longer be ADDRESSES), either electronic or written classification of a device is determined required for these devices upon the date comments regarding this document. It is by the amount of regulation necessary to of publication of the list in the Federal only necessary to send one set of provide a reasonable assurance of safety Register. FDA published that list in the and effectiveness. Under the Medical Federal Register of January 21, 1998 (63 comments. Identify comments with the Device Amendments of 1976 (1976 FR 3142). docket number found in brackets in the amendments) (Pub. L. 94–295)), as Section 510(m)(2) of the FD&C Act heading of this document. Received amended by the Safe Medical Devices provides that, 1 day after date of comments may be seen in the Division Act of 1990 (SMDA) (Pub. L. 101–629)), publication of the list under section of Dockets Management between 9 a.m. devices are to be classified into class I 510(m)(1), FDA may exempt a device on and 4 p.m., Monday through Friday. (general controls) if there is information its own initiative or upon petition of an

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Dated: May 25, 2012. comments, see the ‘‘Comments’’ heading to as postamendments devices), are Leslie Kux, of the SUPPLEMENTARY INFORMATION classified through the premarket Assistant Commissioner for Policy. section of this document. notification process under section [FR Doc. 2012–13225 Filed 5–31–12; 8:45 am] Docket: For access to the docket to 510(k) of the FD&C Act (21 U.S.C. BILLING CODE 4160–01–P read background documents or 360(k)). Section 510(k) of the FD&C Act comments received, go to http:// and the implementing regulations, 21 www.regulations.gov and insert the CFR part 807, require persons who DEPARTMENT OF HEALTH AND docket number, found in brackets in the intend to market a new device to submit HUMAN SERVICES heading of this document, into the a premarket notification (510(k)) ‘‘Search’’ box and follow the prompts containing information that allows FDA Food and Drug Administration and/or go to the Division of Dockets to determine whether the new device is ‘‘substantially equivalent’’ within the [Docket No. FDA–2011–P–0882] Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. meaning of section 513(i) of the FD&C Medical Devices; Exemption From FOR FURTHER INFORMATION CONTACT: Act to a legally marketed device that Premarket Notification: Wheelchair Rebecca Nipper, Center for Devices and does not require premarket approval. Elevator Radiological Health, Food and Drug On November 21, 1997, the President Administration, 10903 New Hampshire signed into law FDAMA (Pub. L. 105– AGENCY: Food and Drug Administration, Ave., Bldg. 66, rm. 1540, Silver Spring, 115). Section 206 of FDAMA, in part, HHS. MD 20993–0002, 301–796–6527, FAX: added a new section 510(m) to the ACTION: Notice. 301–847–8122. FD&C Act. Section 510(m)(1) of the FD&C Act requires FDA, within 60 days SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION: after enactment of FDAMA, to publish Administration (FDA) is announcing I. Statutory Background in the Federal Register a list of each that it has received a petition requesting type of class II device that does not Under section 513 of the Federal exemption from the premarket require a report under section 510(k) of Food, Drug, and Cosmetic Act (FD&C notification requirements for wheelchair the FD&C Act to provide reasonable elevator devices commonly known as Act) (21 U.S.C. 360c), FDA must classify assurance of safety and effectiveness. inclined platform lifts and vertical devices into one of three regulatory Section 510(m) of the FD&C Act further platform lifts. These devices are used to classes: Class I, class II, or class III. FDA provides that a 510(k) will no longer be provide a means for a disabled person classification of a device is determined required for these devices upon the date to move a wheelchair from one level to by the amount of regulation necessary to of publication of the list in the Federal another. FDA is publishing this notice provide a reasonable assurance of safety Register. FDA published that list in the to obtain comments in accordance with and effectiveness. Under the Medical Federal Register of January 21, 1998 (63 procedures established by the Food and Device Amendments of 1976 (1976 FR 3142). Drug Administration Modernization Act amendments) (Pub. L. 94–295)), as Section 510(m)(2) of the FD&C Act of 1997 (FDAMA). amended by the Safe Medical Devices provides that, 1 day after date of DATES: Submit either electronic or Act of 1990 (SMDA) (Pub. L. 101–629)), publication of the list under section written comments by July 2, 2012. devices are to be classified into class I 510(m)(1), FDA may exempt a device on (general controls) if there is information ADDRESSES: You may submit comments, its own initiative or upon petition of an showing that the general controls of the identified with the FDA docket number interested person, if FDA determines FD&C Act are sufficient to assure safety found in brackets in the heading of this that a 510(k) is not necessary to provide and effectiveness; into class II (special document, by any of the following reasonable assurance of the safety and controls), if general controls, by methods: effectiveness of the device. This section themselves, are insufficient to provide requires FDA to publish in the Federal Electronic Submissions reasonable assurance of safety and Register a notice of intent to exempt a Submit electronic comments in the effectiveness, but there is sufficient device, or of the petition, and to provide following way: information to establish special controls a 30-day comment period. Within 120 • Federal eRulemaking Portal: http:// to provide such assurance; and into days of publication of this document, www.regulations.gov. Follow the class III (premarket approval), if there is FDA must publish in the Federal instructions for submitting comments. insufficient information to support Register its final determination classifying a device into class I or class regarding the exemption of the device Written Submissions II and the device is a life sustaining or that was the subject of the notice. If FDA Submit written submissions in the life supporting device or is for a use fails to respond to a petition under this following ways: which is of substantial importance in section within 180 days of receiving it, • FAX: 301–827–6870. preventing impairment of human health the petition shall be deemed granted. • Mail/Hand delivery/Courier (for or presents a potential unreasonable risk paper, disk, or CD–ROM submissions): of illness or injury. II. Criteria for Exemption Division of Dockets Management (HFA– Most generic types of devices that There are a number of factors FDA 305), Food and Drug Administration, were on the market before the date of may consider to determine whether a 5630 Fishers Lane, rm. 1061, Rockville, the 1976 amendments (May 28, 1976) 510(k) is necessary to provide MD 20852. (generally referred to as preamendments reasonable assurance of the safety and Instructions: All submissions received devices) have been classified by FDA effectiveness of a class II device. These must include the Agency name and under the procedures set forth in section factors are discussed in the guidance the docket number for this notice. All 513(c) and (d) of the FD&C Act through agency issued on February 19, 1998, comments received may be posted the issuance of classification regulations entitled ‘‘Procedures for Class II Device without change to http:// into one of these three regulatory Exemptions from Premarket www.regulations.gov, including any classes. Devices introduced into Notification, Guidance for Industry and personal information provided. For interstate commerce for the first time on CDRH Staff.’’ That guidance is available additional information on submitting or after May 28, 1976 (generally referred through the Internet at http://www.fda.

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gov/downloads/MedicalDevices/Device DATES: Effective Date: These standards and neglect in Medicaid-funded RegulationandGuidance/Guidance are effective on June 1, 2012. facilities. A MFCU may also investigate Documents/UCM080199.pdf or by FOR FURTHER INFORMATION CONTACT: and prosecute abuse and neglect in sending an email request to Richard B. Stern, OIG Office of ‘‘board and care’’ facilities, such as [email protected] to receive an Evaluation and Inspections, (202) 619– assisted living facilities, even if such electronic copy of the document or send 0480. Patrice S. Drew, Office of External facilities do not receive Medicaid a fax request to 301–847–8149 to receive Affairs, (202) 619–1368. payments. Finally, 1903(q) and a hard copy. Please use the document regulations require that MFCUs be number 159 to identify the guidance I. Background composed of a team of attorneys, you are requesting. The mission of the MFCUs, as auditors, and investigators. established in Federal statute, is to Under section 1902(a)(61) of the Act, III. Proposed Class II Device investigate and prosecute Medicaid as added by Public Law 103–66 § 13625 Exemptions provider fraud and patient abuse and (1994), all States must operate MFCUs FDA has received the following neglect. The States are responsible for unless they demonstrate to the Secretary petition requesting an exemption from operation of the MFCUs and receive of HHS that they can operate without a premarket notification for a class II reimbursement for a percentage of their Unit. Currently, 49 States and the device: Richard Keller, on behalf of costs from the Federal Government. District of Columbia have established Bruno Independent Living Aids, Inc., Under section 1903(a)(6) of the Social MFCUs and 1 State, North Dakota, for wheelchair elevator devices Security Act (Act), States are operates without a MFCU after receiving (commonly known as inclined platform reimbursed for 90 percent of their costs permission from HHS in 1994. Under lifts and vertical platform lifts), for the first 3 years of a MFCU’s section 1902(a)(61), States must operate classified under 21 CFR 890.3930. operation and 75 percent for subsequent a MFCU that effectively carries out the years. All MFCUs are currently functions and requirements described in IV. Comments reimbursed at 75 percent of the costs of 1903(q), as determined in accordance Interested persons may submit to the operating a certified MFCU. with standards established by the Division of Dockets Management (see OIG is delegated authority under Secretary of HHS. Consistent with this ADDRESSES), either electronic or written 1903(q) and 1903(a)(6) of the Act to section, this notice establishes the comments regarding this document. It is certify and annually recertify Units as performance standards OIG will only necessary to send one set of eligible for Federal Financial consider in determining whether State comments. Identify comments with the Participation (FFP), and to reimburse MFCUs are effectively carrying out their docket number found in brackets in the States for costs incurred in operating a statutory functions under 1903(q). MFCU. Through the certification and heading of this document. Received II. OIG Development and Use of These recertification process, OIG ensures that comments may be seen in the Division Standards of Dockets Management between 9 a.m. the Units meet the requirements for FFP and 4 p.m., Monday through Friday. set forth in section 1903(q) of the Act These standards amend and update and in Federal regulations found at 42 performance standards that were Dated: May 25, 2012. CFR part 1007. The performance initially published in 1994 (59 FR Leslie Kux, standards set forth in this guidance 49080). The standards provide guidance Assistant Commissioner for Policy. document constitute the standards that to MFCUs regarding how OIG will [FR Doc. 2012–13224 Filed 5–31–12; 8:45 am] OIG applies in determining the exercise its discretion in assessing a BILLING CODE 4160–01–P effectiveness of State Units in carrying Unit’s performance and, as such, do not out MFCU required functions. As part of require OIG to use formal notice-and- the recertification process, OIG reviews comment procedures. Nevertheless, on DEPARTMENT OF HEALTH AND reports from the Units, obtains October 6, 2011, we published proposed HUMAN SERVICES information from other Federal and revisions to the 1994 performance State agencies, and conducts periodic standards (76 FR 62074) to invite Office of Inspector General onsite reviews. MFCUs and other interested parties to Under 1903(q), a MFCU must be a review and comment on our approach. [Docket Number OIG–1204–N2] ‘‘single, identifiable entity of the State We received seven sets of comments, all Revision of Performance Standards for government’’ and be ‘‘separate and of which we have carefully considered. State Medicaid Fraud Control Units distinct’’ from the State Medicaid In addition, we met with one agency. The Unit must be an office of commenter, the National Association of AGENCY: Office of Inspector General the State Attorney General’s office or Medicaid Fraud Control Units (the (OIG), Department of Health and Human another State government office with Association), which submitted extensive Services (HHS). statewide prosecutorial authority or comments on each of the standards. We ACTION: Notice. operate under a formal arrangement accepted many of the commenters’ with the State Attorney General’s office. suggestions and recommendations and SUMMARY: This notice sets forth OIG The MFCU must investigate and revised the standards accordingly. guidance regarding standards OIG will prosecute Medicaid fraud cases, One topic raised in comments by the apply in assessing the performance of according to the laws of the State in Association was the use of statistics in State Medicaid Fraud Control Units which with MFCU operates. Federal assessing MFCU performance. Under (MFCU or Unit). These standards regulations also require MFCUs to enter the 1994 standards, Standard 7 stated replace and supersede standards into agreements with the State Medicaid that ‘‘[a] Unit should have a process for published on September 26, 1994 (59 FR agency to ensure the referral of monitoring the outcome of cases. In 49080). OIG will apply these standards suspected provider fraud cases. meeting this standard, the Unit’s in certifying and recertifying each Unit Under 1903(q), a MFCU must also monitoring of the following case factors and to determine if a Unit is effectively have procedures for investigating and and outcomes will be considered and efficiently carrying out its duties prosecuting (or referring for [including numbers of arrests, and responsibilities. prosecution) allegations of patient abuse convictions, overpayments, and civil

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recoveries].’’ In the 2011 proposed analyzing MFCU operations and to A. The Unit employs the number of revision to the standards, OIG proposed provide information to the public about staff that is included in the Unit’s that MFCUs design performance MFCU activities. In doing so, we budget estimate as approved by OIG. management systems that include emphasize that OIG does not intend that B. The Unit employs a total number performance goals and outcomes for MFCUs be evaluated solely on the basis of professional staff that is case- and non-case work. The of statistical information. MFCUs are commensurate with the State’s total Association objected strongly to the subject to various legal authorities and Medicaid program expenditures and draft standard, both because the organizational constraints and, that enables the Unit to effectively development of performance therefore, comparisons between two or investigate and prosecute (or refer for management systems could be seen as a more MFCUs based on statistical prosecution) an appropriate volume of new mandate for many MFCUs as well outcomes should be undertaken with case referrals and workload for both as a perception that OIG was relying too caution. Medicaid fraud and patient abuse and heavily on statistical measures for Consistent with OIG’s reliance on a neglect. assessing performance. variety of information sources in C. The Unit employs an appropriate We agree with the Association that an assessing performance, the performance mix and number of attorneys, auditors, exclusive reliance on case outcomes in standards themselves are an important investigators, and other professional evaluating performance is not oversight tool that aids OIG in assessing staff that is both commensurate with the appropriate for the Units. However, we information on each of the topic areas State’s total Medicaid program also believe that the 1994 version of covered by the standards. This expenditures and that allows the Unit to Standard 7 did not provide OIG an information is important in recertifying effectively investigate and prosecute (or effective means to evaluate performance the MFCUs and in evaluating whether a refer for prosecution) an appropriate without further guidance on how MFCU is operating effectively. volume of case referrals and workload MFCUs would systematically monitor When OIG determines that a MFCU is for both Medicaid fraud and patient outcomes. We have therefore eliminated deficient in meeting one or more abuse and neglect. a separate standard for the monitoring of standards, OIG will provide technical D. The Unit employs a number of case outcomes and have combined assistance or make recommendations for support staff in relation to its overall elements of the proposed standard with improvement. Ultimately, a Unit that size that allows the Unit to operate new Standard 7, ‘‘Maintaining Case continues to operate in an ineffective effectively. Information.’’ manner could be designated as a high- E. To the extent that a Unit maintains While they are not included in these risk grantee and OIG may make a multiple office locations, such locations standards, we continue to believe that separate determination regarding the are distributed throughout the State, and MFCUs, as an effective practice, should Unit’s certification status under section are adequately staffed, commensurate consider developing management 1903(q). with the volume of case referrals and systems or processes for monitoring and The revised standards, reflecting workload for each location. measuring the outcome of cases, for the public comments, are set forth below. purpose of improving performance. One Performance Standard 3—Policies and These standards may be further revised way to accomplish this would be for Procedures in future years based on experience MFCUs to monitor and measure the gained in the oversight of the Units. A Unit establishes written policies timeliness of their handling of key and procedures for its operations and stages of the process or of similar types III. Standards for Assessing MFCU ensures that staff are familiar with, and of cases. For example, a MFCU could Performance adhere to, policies and procedures. To review and monitor the length of time Performance Standard 1—Compliance determine whether a Unit meets this between the receipt of a referral and With Requirements standard, OIG will consider the when the matter is accepted or declined following performance indicators: for investigation. Another approach A Unit conforms with all applicable A. The Unit has written guidelines or would be to monitor and measure the statutes, regulations, and policy manuals that contain current policies time spent in investigating a particular directives, including: and procedures, consistent with these type of provider, such as pharmacies. A. Section 1903(q) of the Social performance standards, for the We believe that, in addition to Security Act, containing the basic investigation and (for those Units with monitoring and measuring of case requirements for operation of a MFCU; prosecutorial authority) prosecution of outcomes, the Units should consider B. Regulations for operation of a Medicaid fraud and patient abuse and monitoring their own engagement in MFCU contained in 42 CFR part 1007; neglect. non-case activities that would improve C. Grant administration requirements B. The Unit adheres to current performance. These activities may at 45 CFR part 92 and Federal cost policies and procedures in its include, for example, training and principles at 2 CFR part 225; operations. outreach designed to increase referrals D. OIG policy transmittals as C. Procedures include a process for of fraud and patient abuse and neglect; maintained on the OIG Web site; and referring cases, when appropriate, to liaison with program integrity staff, E. Terms and conditions of the notice Federal and State agencies. Referrals to managed care organizations, and other of the grant award. State agencies, including the State law enforcement agencies to increase Medicaid agency, should identify Performance Standard 2—Staffing fraud referrals; and liaison on patient whether further investigation or other abuse and neglect matters with licensing A Unit maintains reasonable staff administrative action is warranted, such and certification agencies, the State levels and office locations in relation to as the collection of overpayments or Long Term Care Ombudsman, or adult the State’s Medicaid program suspension of payments. protective services offices. expenditures and in accordance with D. Written guidelines and manuals are As noted by the Association, OIG, staffing allocations approved in its readily available to all Unit staff, either consistent with Performance Standard 7, budget. To determine whether a Unit online or in hard copy. reviews statistical information provided meets this standard, OIG will consider E. Policies and procedures address by the MFCUs both for the purpose of the following performance indicators: training standards for Unit employees.

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Performance Standard 4—Maintaining review the progress of cases and take F. The Unit has an information Adequate Referrals action as necessary to ensure that each management system that allows for the A Unit takes steps to maintain an stage of an investigation and monitoring and reporting of case adequate volume and quality of referrals prosecution is completed in an information, including the following: from the State Medicaid agency and appropriate timeframe. 1. The number of cases opened and C. Delays to investigations and other sources. To determine whether a closed and the reason that cases are prosecutions are limited to situations Unit meets this standard, OIG will closed. imposed by resource constraints or 2. The length of time taken to consider the following performance other exigencies. determine whether to open a case indicators: referred by the State Medicaid agency or A. The Unit takes steps, such as the Performance Standard 6—Case Mix other referring source. development of operational protocols, to A Unit’s case mix, as practicable, 3. The number, age, and types of cases ensure that the State Medicaid agency, covers all significant provider types and in the Unit’s inventory/docket. managed care organizations, and other includes a balance of fraud and, where 4. The number of referrals received by agencies refer to the Unit all suspected appropriate, patient abuse and neglect the Unit and the number of referrals by provider fraud cases. Consistent with 42 cases. To determine whether a Unit the Unit to other agencies. CFR 1007.9(g), the Unit provides timely meets this standard, OIG will consider 5. The dollar amount of overpayments written notice to the State Medicaid the following performance indicators: identified. agency when referred cases are accepted A. The Unit seeks to have a mix of 6. The number of cases criminally or declined for investigation. cases from all significant provider types prosecuted by the Unit or referred to B. The Unit provides periodic in the State. others for prosecution, the number of feedback to the State Medicaid agency B. For those States that rely individuals or entities charged, and the and other referral sources on the substantially on managed care entities number of pending prosecutions. adequacy of both the volume and for the provision of Medicaid services, 7. The number of criminal convictions quality of its referrals. the Unit includes a commensurate and the number of civil judgments. C. The Unit provides timely number of managed care cases in its mix 8. The dollar amount of fines, information to the State Medicaid or of cases. penalties, and restitution ordered in a other agency when the Medicaid or C. The Unit seeks to allocate resources criminal case and the dollar amount of other agency requests information on among provider types based on levels of recoveries and the types of relief the status of MFCU investigations, Medicaid expenditures or other risk obtained through civil judgments or including when the Medicaid agency factors. Special Unit initiatives may prefiling settlements. requests quarterly certification pursuant focus on specific provider types. to 42 CFR 455.23(d)(3)(ii). D. As part of its case mix, the Unit Performance Standard 8—Cooperation D. For those States in which the Unit maintains a balance of fraud and patient With Federal Authorities on Fraud has original jurisdiction to investigate or abuse and neglect cases for those States Cases prosecute patient abuse and neglect in which the Unit has original A Unit cooperates with OIG and other cases, the Unit takes steps, such as the jurisdiction to investigate or prosecute Federal agencies in the investigation development of operational protocols, to patient abuse and neglect cases. and prosecution of Medicaid and other ensure that pertinent agencies refer such E. As part of its case mix, the Unit health care fraud. To determine whether cases to the Unit, consistent with seeks to maintain, consistent with its a Unit meets this standard, OIG will patient confidentiality and consent. legal authorities, a balance of criminal consider the following performance Pertinent agencies vary by State but may and civil fraud cases. indicators: include licensing and certification Performance Standard 7—Maintaining A. The Unit communicates on a agencies, the State Long Term Care Case Information regular basis with OIG and other Federal Ombudsman, and adult protective A Unit maintains case files in an agencies investigating or prosecuting services offices. effective manner and develops a case health care fraud in the State. E. The Unit provides timely management system that allows efficient B. The Unit cooperates and, as information, when requested, to those access to case information and other appropriate, coordinates with OIG’s agencies identified in (D) above performance data. To determine Office of Investigations and other regarding the status of referrals. whether a Unit meets this standard, OIG Federal agencies on cases being pursued F. The Unit takes steps, through will consider the following performance jointly, cases involving the same public outreach or other means, to indicators: suspects or allegations, and cases that encourage the public to refer cases to A. Reviews by supervisors are have been referred to the Unit by OIG the Unit. conducted periodically, consistent with or another Federal agency. C. The Unit makes available, to the Performance Standard 5—Maintaining a MFCU policies and procedures, and are extent authorized by law and upon Continuous Case Flow noted in the case file. B. Case files include all relevant facts request by Federal investigators and A Unit takes steps to maintain a and information and justify the opening prosecutors, all information in its continuous case flow and to complete and closing of the cases. possession concerning provider fraud or cases in an appropriate timeframe based C. Significant documents, such as fraud in the administration of the on the complexity of the cases. To charging documents and settlement Medicaid program. determine whether a Unit meets this agreements, are included in the file. D. For cases that require the granting standard, OIG will consider the D. Interview summaries are written of ‘‘extended jurisdiction’’ to investigate following performance indicators: promptly, as defined by the Unit’s Medicare or other Federal health care A. Each stage of an investigation and policies and procedures. fraud, the Unit seeks permission from prosecution is completed in an E. The Unit has an information OIG or other relevant agencies under appropriate timeframe. management system that manages and procedures as set by those agencies. B. Supervisors approve the opening tracks case information from initiation E. For cases that have civil fraud and closing of all investigations and to resolution. potential, the Unit investigates and

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prosecutes such cases under State the Centers for Medicare & Medicaid on the elements of successful fraud authority or refers such cases to OIG or Services (CMS). referrals and receive training on the role the U.S. Department of Justice. D. Consistent with Performance and responsibilities of the State F. The Unit transmits to OIG, for Standard 4, the MOU establishes a Medicaid agency. purposes of program exclusions under process to ensure the receipt of an Dated: May 29, 2012. section 1128 of the Social Security Act, adequate volume and quality of referrals Daniel R. Levinson, all pertinent information on MFCU to the Unit from the State Medicaid convictions within 30 days of agency. Inspector General. sentencing, including charging E. The MOU incorporates by reference [FR Doc. 2012–13332 Filed 5–31–12; 8:45 am] documents, plea agreements, and the CMS Performance Standard for BILLING CODE 4152–01–P sentencing orders. Referrals of Suspected Fraud From a G. The Unit reports qualifying cases to State Agency to a Medicaid Fraud the Healthcare Integrity & Protection Control Unit. DEPARTMENT OF HEALTH AND Databank, the National Practitioner Data HUMAN SERVICES Performance Standard 11—Fiscal Bank, or successor data bases. Control National Institutes of Health Performance Standard 9—Program A Unit exercises proper fiscal control Recommendations Proposed Collection; Comment over Unit resources. To determine Request; CareerTrac A Unit makes statutory or whether a Unit meets this standard, OIG programmatic recommendations, when will consider the following performance SUMMARY: Under the provisions of warranted, to the State government. To indicators: Section 3506(c)(2)(A) of the Paperwork determine whether a Unit meets this A. The Unit promptly submits to OIG Reduction Act of 1995, the Fogarty standard, OIG will consider the its preliminary budget estimates, International Center (FIC), National following performance indicators: proposed budget, and Federal financial Institute of Environmental Health A. The Unit, when warranted and expenditure reports. Sciences (NIEHS), including the appropriate, makes statutory B. The Unit maintains an equipment Intramural Research and Training recommendations to the State inventory that is updated regularly to Award (IRTA) and Superfund Research legislature to improve the operation of reflect all property under the Unit’s Program (SRP) within NIEHS, National the Unit, including amendments to the control. Institute of General Medical Science enforcement provisions of the State C. The Unit maintains an effective (NIGMS), and National Cancer Institute code. time and attendance system and (NCI), has submitted to the Office of B. The Unit, when warranted and personnel activity records. Management and Budget (OMB) for appropriate, makes other regulatory or D. The Unit applies generally review and approval. This is a renewal administrative recommendations accepted accounting principles in its request. This proposed information regarding program integrity issues to the control of Unit funding. collection was previously published in State Medicaid agency and to other E. The Unit employs a financial the Federal Register on May 12, 2009 agencies responsible for Medicaid system in compliance with the (74 FR 22172). No comments were operations or funding. The Unit standards for financial management received from that notification regarding monitors actions taken by the State systems contained in 45 CFR 92.20. the cost and hour burden estimates. legislature and the State Medicaid or Performance Standard 12—Training other agencies in response to Proposed Collection recommendations. A Unit conducts training that aids in the mission of the Unit. To determine Title: CareerTrac. Type of Information Performance Standard 10—Agreement whether a Unit meets this standard, OIG Collection Request: Revision (OMB NO.: With Medicaid Agency will consider the following performance 0925–0568 Expiration: September 30, A Unit periodically reviews its indicators: 2012). Need and Use of Information Memorandum of Understanding (MOU) A. The Unit maintains a training plan Collection: This data collection system with the State Medicaid agency to for each professional discipline that is being developed to track, evaluate ensure that it reflects current practice, includes an annual minimum number of and report short- and long-term outputs, policy, and legal requirements. To training hours and that is at least as outcomes and impacts of trainees determine whether a Unit meets this stringent as required for professional involved in health research training standard, OIG will consider the certification. programs—specifically tracking this for following performance indicators: B. The Unit ensures that professional at least ten years following training by A. The MFCU documents that it has staff comply with their training plans having Principal Investigators enter data reviewed the MOU at least every 5 and maintain records of their staff’s after trainees have completed the years, and has renegotiated the MOU as compliance. program. The data collection system necessary, to ensure that it reflects C. Professional certifications are provides a streamlined, web-based current practice, policy, and legal maintained for all staff, including those application permitting principal requirements. that fulfill continuing education investigators to record career B. The MOU meets current Federal requirements. achievement progress by trainee on a legal requirements as contained in law D. The Unit participates in MFCU- voluntary basis. FIC, NIEHS, NCI and or regulation, including 42 CFR 455.21, related training, including training NIGMS management will use this data ‘‘Cooperation with State Medicaid fraud offered by OIG and other MFCUs, as to monitor, evaluate and adjust grants to control units,’’ and 42 CFR 455.23, such training is available and as funding ensure desired outcomes are achieved, ‘‘Suspension of payments in cases of permits. comply with OMB Part requirements, fraud.’’ E. The Unit participates in cross- respond to congressional inquiries, and C. The MOU is consistent with training with the fraud detection staff of as a guide to inform future strategic and current Federal and State policy, the State Medicaid agency. As part of management decisions regarding the including any policies issued by OIG or such training, Unit staff provide training grant program.

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Frequency of Response: Annual and DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., periodic Affected Public: none Type of HUMAN SERVICES as amended. The grant applications and Respondents: Principal Investigators the discussions could disclose and/or their administrators funded by National Institutes of Health confidential trade secrets or commercial FIC.NIEHS, NIGMS and NCI. The property such as patentable material, National Institute of Mental Health; and personal information concerning annual reporting burden is as follows: Notice of Closed Meeting Estimated Number of Respondents: 365; individuals associated with the grant Estimated Number of Responses per Pursuant to section 10(d) of the applications, the disclosure of which Respondent: 1; Average Burden Hours Federal Advisory Committee Act, as would constitute a clearly unwarranted per Response 7.5; and Estimated Total amended (5 U.S.C. App.), notice is invasion of personal privacy. Annual Burden Hours Requested: 5,460. hereby given of the following meeting. Name of Committee: Biological Chemistry The annualized cost to respondents is The meeting will be closed to the and Macromolecular Biophysics Integrated estimated at $109,500. There are no public in accordance with the Review Group; Synthetic and Biological Chemistry A Study Section. Capital, Operating or Maintenance Cost provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: June 25, 2012. to report. as amended. The grant applications and Time: 8:00 a.m. to 7:00 p.m. Request for Comments: Written the discussions could disclose Agenda: To review and evaluate grant comments and/or suggestions from the applications. confidential trade secrets or commercial Place: The Westin St. Francis, 335 Powell public and affected agencies are invited property such as patentable material, Street, San Francisco, CA 94102. on one or more of the following points: and personal information concerning Contact Person: Mike Radtke, Ph.D., (1) Whether the proposed collection of individuals associated with the grant Scientific Review Officer, Center for information is necessary for the proper applications, the disclosure of which Scientific Review, National Institutes of performance of the function of the would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 4176, agency, including whether the invasion of personal privacy. MSC 7806, Bethesda, MD 20892, 301–435– 1728, [email protected]. information will have practical utility; Name of Committee: National Institute of Name of Committee: Center for Scientific (2) The accuracy of the agency’s Mental Health Special Emphasis Panel New Review Special Emphasis Panel; Member estimate of the burden of the proposed Tools for Examining Astrocyte Heterogeneity. Conflict: Topics in Bioengineering Sciences collection of information, including the Date: June 26, 2012. and Technology. validity of the methodology and Time: 8:30 a.m. to 5:00 p.m. Date: June 26, 2012. Agenda: To review and evaluate grant Time: 3:00 p.m. to 5:00 p.m. assumptions used; (3) Ways to enhance applications. the quality, utility, and clarity of the Agenda: To review and evaluate grant Place: Ritz Carlton Hotel, 1150 22nd Street applications. information to be collected; and (4) NW., Washington, DC 20037. Place: National Institutes of Health, 6701 Ways to minimize the burden of the Contact Person: David W. Miller, Ph.D., Rockledge Drive, Bethesda, MD 20892, collection of information on those who Scientific Review Officer, Division of (Telephone Conference Call). Extramural Activities, National Institute of are to respond, including the use of Contact Person: Kee Hyang Pyon, Ph.D., Mental Health, NIH Neuroscience Center, Scientific Review Officer, Center for appropriate automated, electronic, 6001 Executive Blvd, Room 6140, MSC 9608, mechanical, or other technological Scientific Review, National Institutes of Bethesda, MD 20892–9608, 301–443–9734, Health, 6701 Rockledge Drive, Room 5148, collection techniques or other forms of [email protected]. MSC 7806, Bethesda, MD 20892, information technology. (Catalogue of Federal Domestic Assistance [email protected]. Program Nos. 93.242, Mental Health Research FOR FURTHER INFORMATION CONTACT: To Grants; 93.281, Scientist Development Name of Committee: Center for Scientific request more information on the Award, Scientist Development Award for Review Special Emphasis Panel; Risk, Clinicians, and Research Scientist Award; Prevention and Intervention for Addictions: proposed project or to obtain a copy of Overflow. the data collection plans and 93.282, Mental Health National Research Service Awards for Research Training, Date: June 28–29, 2012. instruments, contact Dr. Rachel Sturke, National Institutes of Health, HHS) Time: 8:00 a.m. to 5:00 p.m. Evaluation Officer, Division of Science Agenda: To review and evaluate grant Policy, Planning, and Evaluation, FIC, Dated: May 25, 2012. applications. NIH, 16 Center Drive, Bethesda, MD Jennifer S. Spaeth, Place: Renaissance M Street Hotel, 1143 New Hampshire Avenue NW., Washington, 20892, or call non-toll-free number 301 Director, Office of Federal Advisory Committee Policy. DC 20037. 480–6025 or email your request, Contact Person: Kristen Prentice, Ph.D., [FR Doc. 2012–13308 Filed 5–31–12; 8:45 am] including your address to: Scientific Review Officer, Center for [email protected]. BILLING CODE 4140–01–P Scientific Review, National Institutes of Comments Due Date: Comments Health, 6701 Rockledge Drive, Room 3112, MSC 7808, Bethesda, MD 20892, 301–496– regarding this information collection are DEPARTMENT OF HEALTH AND 0726, [email protected]. best assured of having their full effect if HUMAN SERVICES Name of Committee: Population Sciences received within 60-days of the date of and Epidemiology Integrated Review Group; this publication. National Institutes of Health Social Sciences and Population Studies Dated: May 17, 2012. Study Section. Center for Scientific Review; Notice of Date: June 28, 2012. Dexter Collins, Closed Meetings Time: 8:00 a.m. to 6:00 p.m. Executive Officer, FIC, National Institutes of Pursuant to section 10(d) of the Agenda: To review and evaluate grant applications. Health. Federal Advisory Committee Act, as [FR Doc. 2012–13325 Filed 5–31–12; 8:45 am] Place: St. Gregory Washington, DC, M amended (5 U.S.C. App.), notice is Street Northwest, Washington, DC 20036. BILLING CODE 4140–01–P hereby given of the following meetings. Contact Person: Valerie Durrant, Ph.D., The meetings will be closed to the Scientific Review Officer, Center for public in accordance with the Scientific Review, National Institutes of provisions set forth in sections Health, 6701 Rockledge Drive, Room 3148,

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MSC 7770, Bethesda, MD 20892, (301) 827– Contact Person: Nywana Sizemore, Ph.D., Date: June 28–29, 2012. 6390, [email protected]. Scientific Review Officer, Center for Time: 8:00 a.m. to 5:00 a.m. Name of Committee: Musculoskeletal, Oral Scientific Review, National Institutes of Agenda: To review and evaluate grant and Skin Sciences Integrated Review Group; Health, 6701 Rockledge Drive, Room 6204, applications. Musculoskeletal Rehabilitation Sciences MSC 7804, Bethesda, MD 20892, 301–435– Place: Ritz-Carlton Washington DC, 1150 Study Section. 1718, [email protected]. 22nd Street NW., Washington, DC 20037. Date: June 28–29, 2012. Name of Committee: Center for Scientific Contact Person: Vilen A Movsesyan, Ph.D., Time: 8:00 a.m. to 5:00 p.m. Review Special Emphasis Panel; Member Scientific Review Officer, Center for Agenda: To review and evaluate grant Conflict: Eukaryotic Pathogens and Vectors. Scientific Review, National Institutes of applications. Date: June 28–29, 2012. Health, 6701 Rockledge Drive, Room 4040M, Place: Embassy Suites Hotel, 4300 Military Time: 8:00 a.m. to 6:00 p.m. MSC 7806, Bethesda, MD 20892, 301–402– Road, Washington DC, DC 20015. Agenda: To review and evaluate grant 7278, [email protected]. Contact Person: Jo Pelham, BA, Scientific applications. Name of Committee: Center for Scientific Review Officer, Center for Scientific Review, Place: National Institutes of Health, 6701 Review Special Emphasis Panel; National Institutes of Health, 6701 Rockledge Rockledge Drive, Bethesda, MD 20892, Fellowships: Behavioral Neuroscience. Drive, Room 4102, MSC 7814, Bethesda, MD (Virtual Meeting). Date: June 28–29, 2012. 20892, (301) 435–1786, [email protected]. Contact Person: Fouad A El-Zaatari, Ph.D., Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Biological Chemistry Scientific Review Officer, Center for Agenda: To review and evaluate grant and Macromolecular Biophysics Integrated Scientific Review, National Institutes of applications. Review Group; Macromolecular Structure Health, 6701 Rockledge Drive, Room 3206, Place: Hotel Nikko San Francisco, 222 and Function E Study Section. MSC 7808, Bethesda, MD 20814–9692, (301) Mason Street, San Francisco, CA 94102. Date: June 28, 2012. 435–1149, [email protected]. Contact Person: Kristin Kramer, Ph.D., Scientific Review Officer, Center for Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel; Health, 6701 Rockledge Drive, Room 5205, applications. Fellowships: Neurodevelopment, Synaptic MSC 7846, Bethesda, MD 20892, (301) 437– Place: Ritz Carlton Hotel, 1150 22nd Street Plasticity and Neurodegeneration. 0911, [email protected]. NW., Washington, DC 20037. Date: June 28–29, 2012. Contact Person: Nitsa Rosenzweig, Ph.D., Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Center for Scientific Scientific Review Officer, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel; Small Scientific Review, National Institutes of applications. Business: Biological Chemistry, Biophysics, Health, 6701 Rockledge Drive, Room 4152, Place: Hilton Alexandria Old Town, 1767 and Drug Discovery. MSC 7760, Bethesda, MD 20892, (301) 435– King Street, Alexandria Old Town, VA Date: June 28, 2012. 1747, [email protected]. 22314. Time: 8:30 a.m. to 6:00 p.m. Name of Committee: Center for Scientific Contact Person: Mary Schueler, Ph.D., Agenda: To review and evaluate grant Review Special Emphasis Panel; Drug Scientific Review Officer, Center for applications. Discovery and Mechanisms of Antimicrobial Scientific Review, National Institutes of Place: The Westin St. Francis, 335 Powell Resistance Overflow. Health, 6701 Rockledge Drive, Room 5214, Street, San Francisco, CA 94102, Date: June 28–29, 2012. MSC 7846, Bethesda, MD 20892, 301–451– Contact Person: Sergei Ruvinov, Ph.D., Time: 8:00 a.m. to 5:00 p.m. 0996, [email protected]. Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of Name of Committee: Center for Scientific applications. Health, 6701 Rockledge Drive, Room 4158, Review Special Emphasis Panel; R15 Place: National Institutes of Health, 6701 MSC 7806, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892, Applications. 1180, [email protected]. Date: June 28–29, 2012. (Virtual Meeting). Name of Committee: Genes, Genomes, and Contact Person: Guangyong Ji, Ph.D., Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Genetics Integrated Review Group; Genetics Scientific Review Officer, Center for of Health and Disease Study Section. applications. Scientific Review, National Institutes of Date: June 28–29, 2012. Place: National Institutes of Health, Health, 6701 Rockledge Drive, Room 3188, Time: 8:30 a.m. to 5:00 p.m. Rockledge I, 6705 Rockledge Drive, Bethesda, MSC 7808, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant MD 20817, (Virtual Meeting). 1146, [email protected]. applications. Contact Person: Lawrence E Boerboom, Name of Committee: Center for Scientific Place: Doubletree Hotel Bethesda, Ph.D., Chief, CVRS IRG, Center for Scientific Review Special Emphasis Panel; Small (Formerly Holiday Inn Select), 8120 Review, National Institutes of Health, 6701 Business: Cancer Diagnostics and Wisconsin Avenue, Bethesda, MD 20814. Rockledge Drive, Room 4130, MSC 7814, Treatments. Contact Person: Cheryl M Corsaro, Ph.D., Bethesda, MD 20892, (301) 435–8367, Date: June 28–29, 2012. Scientific Review Officer, Center for [email protected]. Time: 8:00 a.m. to 5:00 p.m. Scientific Review, National Institutes of Agenda: To review and evaluate grant Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 2204, applications. Review Special Emphasis Panel; Small MSC 7890, Bethesda, MD 20892, (301) 435– Place: National Institutes of Health, 6701 Business: Drug Discovery for Aging, 1045, [email protected]. Rockledge Drive, Bethesda, MD 20892, Neuropsychiatric and Neurologic Disorders. Name of Committee: Center for Scientific (Virtual Meeting). Date: June 28–29, 2012. Review Special Emphasis Panel; Contact Person: Zhang-Zhi Hu, MD, Time: 8:00 a.m. to 3:00 p.m. Multidisciplinary Healthcare Delivery Scientific Review Officer, Center for Agenda: To review and evaluate grant Research AREA Grant Applications. Scientific Review, National Institutes of applications. Date: June 28, 2012. Health, 6701 Rockledge Drive, Room 6186, Place: Ritz-Carlton Washington DC, 1150 Time: 9:00 a.m. to 5:00 p.m. MSC 7804, Bethesda, MD 20892, (301) 594– 22nd Street NW., Washington, DC. Agenda: To review and evaluate grant 2414, [email protected]. Contact Person: Dan D Gerendasy, Ph.D., applications. Name of Committee: Oncology 1–Basic Scientific Review Officer, Center for Place: Marriott Wardman Park Washington Translational Integrated Review Group; Scientific Review, National Institutes of DC Hotel, 2660 Woodley Road, NW., Molecular Oncogenesis Study Section. Health, 6701 Rockledge Drive, Room 3218, Washington, DC 20008. Date: June 28, 2012. MSC 7843, Bethesda, MD 20892, 301–408– Contact Person: Priscah Mujuru, RN, MPH, Time: 8:00 a.m. to 6:00 p.m. 9164, [email protected]. DRPH, COHNS, Scientific Review Officer, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Center for Scientific Review, National applications. Review Special Emphasis Panel; Institutes of Health, 6701 Rockledge Drive, Place: Hotel Nikko San Francisco, 222 Fellowships: Brain Disorders, Language, Room 3139, MSC 7770, Bethesda, MD 20892, Mason Street, San Francisco, CA 94102. Communication and Related Neurosciences. 301–594–6594, [email protected].

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(Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND amended (5 U.S.C. App.), notice is Program Nos. 93.306, Comparative Medicine; HUMAN SERVICES hereby given of the following meetings. 93.333, Clinical Research, 93.306, 93.333, The meetings will be closed to the 93.337, 93.393–93.396, 93.837–93.844, National Institutes of Health public in accordance with the 93.846–93.878, 93.892, 93.893, National provisions set forth in sections Institutes of Health, HHS) Eunice Kennedy Shriver National 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: May 25, 2012. Institute of Child Health and Human as amended. The grant applications and Development; Notice of Closed Jennifer S. Spaeth, the discussions could disclose Meeting Director, Office of Federal Advisory confidential trade secrets or commercial Committee Policy. Pursuant to section 10(d) of the property such as patentable material, and personal information concerning [FR Doc. 2012–13309 Filed 5–31–12; 8:45 am] Federal Advisory Committee Act, as individuals associated with the grant BILLING CODE 4140–01–P amended (5 U.S.C. App.), notice is hereby given of the following meeting. applications, the disclosure of which would constitute a clearly unwarranted The meeting will be closed to the invasion of personal privacy. DEPARTMENT OF HEALTH AND public in accordance with the HUMAN SERVICES provisions set forth in sections Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Arthritis and Musculoskeletal and Skin National Institutes of Health Diseases Special Emphasis Panel; Program as amended. The grant applications and Project Grant Review. the discussions could disclose National Heart, Lung, and Blood Date: June 13, 2012. confidential trade secrets or commercial Institute; Notice of Closed Meeting Time: 11:00 a.m. to 2:00 p.m. property such as patentable material, Agenda: To review and evaluate grant and personal information concerning applications. Pursuant to section 10(d) of the individuals associated with the grant Place: National Institutes of Health, One Federal Advisory Committee Act, as applications, the disclosure of which Democracy Plaza, 6701 Democracy amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted Boulevard, Suite 800, Bethesda, MD 20892, hereby given of the following meeting. (Telephone Conference Call). invasion of personal privacy. The meeting will be closed to the Contact Person: Helen Lin, Scientific Name of Committee: National Institute of Review Officer, Scientific Review Branch, public in accordance with the Child Health and Human Development Initial National Institute of Arthritis, provisions set forth in sections Review Group; Biobehavioral and Behavioral Musculoskeletal and Skin Diseases, National 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Sciences Subcommittee. Institutes of Health, 6701 Democracy as amended. The contract proposals and Date: June 25–26, 2012. Boulevard, Suite 800, Bethesda, MD 20817, the discussions could disclose Time: 8:00 a.m. to 5:00 p.m. 301–594–4952, [email protected]. confidential trade secrets or commercial Agenda: To review and evaluate grant Name of Committee: National Institute of property such as patentable material, applications. Arthritis and Musculoskeletal and Skin and personal information concerning Place: Marriott Wardman Park Washington Diseases Special Emphasis Panel; Career individuals associated with the contract DC Hotel, 2660 Woodley Road NW., Development, Research Training & Pathways Washington, DC 20008. to Independence Review. proposals, the disclosure of which Contact Person: Marita R. Hopmann, Ph.D., Date: June 20, 2012. would constitute a clearly unwarranted Scientific Review Officer, Division of Time: 11:00 a.m. to 12:00 p.m. invasion of personal privacy. Scientific Review, Eunice Kennedy Shriver Agenda: To review and evaluate grant Name of Committee: Heart, Lung, and National Institute of Child Health and applications and/or proposals. Place: National Institutes of Health, One Blood Initial Review Group, Clinical Trials Human Development, NIH, 6100 Executive Democracy Plaza, 6701 Democracy Review Committee. Blvd., Room 5B01, Bethesda, MD 20892, Boulevard, Bethesda, MD 20892, (Virtual Date: June 25–26, 2012. 301–435–6911, [email protected]. (Catalogue of Federal Domestic Assistance Meeting). Time: 8 a.m. to 5 p.m. Contact Person: Charles H Washabaugh, Agenda: To review and evaluate grant Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; Ph.D., Scientific Review Officer, Scientific applications. Review Branch, National Institute of Place: Hyatt Regency Bethesda, One 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Arthritis, Musculoskeletal and Skin Diseases, Bethesda Metro Center, 7400 Wisconsin National Institutes of Health, 6701 Infertility Loan Repayment Program, National Avenue, Bethesda, MD 20814. Democracy Boulevard, Suite 800, Bethesda, Institutes of Health, HHS) Contact Person: Keary A Cope, Ph.D., MD 20817, 301–594–4952, Scientific Review Officer, Review Branch/ Dated: May 25, 2012. [email protected]. DERA, National Heart, Lung, and Blood Jennifer S. Spaeth, Name of Committee: National Institute of Institute, 6701 Rockledge Drive, Room 7190, Director, Office of Federal Advisory Arthritis and Musculoskeletal and Skin Bethesda, MD 20892–7924, 301–435–2222, Committee Policy. Diseases Special Emphasis Panel; PROMIS Ancillary Studies. [email protected]. [FR Doc. 2012–13315 Filed 5–31–12; 8:45 am] Date: June 27–28, 2012. (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Program Nos. 93.233, National Center for Time: 2:00 p.m. to 2:00 p.m. Sleep Disorders Research; 93.837, Heart and Agenda: To review and evaluate grant applications. Vascular Diseases Research; 93.838, Lung DEPARTMENT OF HEALTH AND Place: Bethesda Marriott, 5151 Pooks Hill Diseases Research; 93.839, Blood Diseases HUMAN SERVICES Road, Bethesda, MD 20814. and Resources Research, National Institutes Contact Person: Charles N Rafferty, Ph.D., of Health, HHS) National Institutes of Health Chief, Scientific Review Branch, National Dated: May 25, 2012. Institute of Arthritis, Musculoskeletal and Jennifer S. Spaeth, National Institute of Arthritis and Skin Diseases, National Institutes of Health, Musculoskeletal and Skin Diseases; 6701 Democracy Boulevard, Suite 800, Director, Office of Federal Advisory Notice of Closed Meetings Bethesda, MD 20817, 301–594–5019, Committee Policy. [email protected]. [FR Doc. 2012–13313 Filed 5–31–12; 8:45 am] Pursuant to section 10(d) of the (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Federal Advisory Committee Act, as Program No. 93.846, Arthritis,

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Musculoskeletal and Skin Diseases Research, DEPARTMENT OF HEALTH AND The meeting will be closed to the National Institutes of Health, HHS) HUMAN SERVICES public in accordance with the Dated: May 23, 2012. provisions set forth in sections National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Jennifer S. Spaeth, as amended. The grant applications and Director, Office of Federal Advisory Eunice Kennedy Shriver National the discussions could disclose Committee Policy. Institute of Child Health and Human confidential trade secrets or commercial [FR Doc. 2012–13321 Filed 5–31–12; 8:45 am] Development; Notice of Closed property such as patentable material, BILLING CODE 4140–01–P Meeting and personal information concerning Pursuant to section 10(d) of the individuals associated with the grant Federal Advisory Committee Act, as applications, the disclosure of which DEPARTMENT OF HEALTH AND would constitute a clearly unwarranted HUMAN SERVICES amended (5 U.S.C. App.), notice is hereby given of the following meeting. invasion of personal privacy. National Institutes of Health The meeting will be closed to the Name of Committee: National Institute of public in accordance with the Nursing Research Initial Review Group. Eunice Kennedy Shriver National provisions set forth in sections Date: June 21, 2012. Time: 8 a.m. to 6 p.m. Institute of Child Health and Human 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Agenda: To review and evaluate grant Development; Notice of Closed applications. Meeting the discussions could disclose Place: Hyatt Regency Bethesda, One confidential trade secrets or commercial Bethesda Metro Center,7400 Wisconsin Pursuant to section 10(d) of the property such as patentable material, Avenue, Bethesda, MD 20814. Federal Advisory Committee Act, as and personal information concerning Contact Person: Weiqun Li, M.D., amended (5 U.S.C. App.), notice is individuals associated with the grant Scientific Review Officer, National Institute hereby given of the following meeting. applications, the disclosure of which of Nursing Research, National Institutes of would constitute a clearly unwarranted Health, 6701 Democracy Blvd., Ste. 710, The meeting will be closed to the Bethesda, MD 20892, (301) 594–5966, invasion of personal privacy. public in accordance with the [email protected]. provisions set forth in sections Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Child Health and Human Development Program Nos. 93.361, Nursing Research, Special Emphasis Panel; Neuroscience National Institutes of Health, HHS) as amended. The grant applications and Blueprint: Tools for Glial Research. the discussions could disclose Date: June 20, 2012. Dated: May 25, 2012. confidential trade secrets or commercial Time: 8:00 a.m. to 5:00 p.m. Jennifer S. Spaeth, property such as patentable material, Agenda: To review and evaluate grant Director, Office of Federal Advisory and personal information concerning applications. Committee Policy. individuals associated with the grant Place: Hyatt Regency Bethesda, One [FR Doc. 2012–13310 Filed 5–31–12; 8:45 am] Bethesda Metro Center, 7400 Wisconsin applications, the disclosure of which BILLING CODE 4140–01–P would constitute a clearly unwarranted Avenue, Bethesda, MD 20814. Contact Person: Sherry L. Dupere, Ph.D., invasion of personal privacy. Director, Division of Scientific Review, Name of Committee: National Institute of Division of Scientific Review, Eunice DEPARTMENT OF HEALTH AND Child Health and Human Development Initial Kennedy Shriver National Institute of Child HUMAN SERVICES Review Group; Reproduction, Andrology, Health and Human Development, NIH, 6100 Executive Blvd., Room 5B01, Bethesda, MD National Institutes of Health and Gynecology Subcommittee. 20892, 301–451–3415, [email protected]. Date: June 28, 2012. (Catalogue of Federal Domestic Assistance Center for Scientific Review; Notice of Time: 8:30 a.m. to 5 p.m. Program Nos. 93.864, Population Research; Closed Meetings Agenda: To review and evaluate grant 93.865, Research for Mothers and Children; applications. 93.929, Center for Medical Rehabilitation Pursuant to section 10(d) of the Place: The Holiday Inn Express, (Formerly Research; 93.209, Contraception and Federal Advisory Committee Act, as the Legacy Hotel and Meeting Center), 1775 Infertility Loan Repayment Program, National amended (5 U.S.C. App.), notice is Rockville Pike, Rockville, MD 20852. Institutes of Health, HHS) hereby given of the following meetings. Contact Person: Dennis E. Leszczynski, Dated: May 25, 2012. The meetings will be closed to the Ph.D., Scientific Review Officer, Division of public in accordance with the Jennifer S. Spaeth, Scientific Review, National Institute Of Child provisions set forth in sections Health and Human Development, NIH, 6100 Director, Office of Federal Advisory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. Executive Blvd. Room 5B01, Bethesda, MD as amended. The grant applications and 20892, 301–435–2717, [email protected]. [FR Doc. 2012–13314 Filed 5–31–12; 8:45 am] the discussions could disclose (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P confidential trade secrets or commercial Program Nos. 93.864, Population Research; property such as patentable material, 93.865, Research for Mothers and Children; and personal information concerning 93.929, Center for Medical Rehabilitation DEPARTMENT OF HEALTH AND HUMAN SERVICES individuals associated with the grant Research; 93.209, Contraception and applications, the disclosure of which Infertility Loan Repayment Program, National National Institutes of Health would constitute a clearly unwarranted Institutes of Health, HHS) invasion of personal privacy. Dated: May 25, 2012. National Institute of Nursing Research; Name of Committee: Center for Scientific Jennifer S. Spaeth, Notice of Closed Meeting Review Special Emphasis Panel PAR Panel: Selected Topics in Transfusion Medicine. Director, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy. Date: June 13, 2012. Federal Advisory Committee Act, as Time: 1:00 p.m. to 3:00 p.m. [FR Doc. 2012–13319 Filed 5–31–12; 8:45 am] amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant BILLING CODE 4140–01–P hereby given of the following meeting. applications.

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Place: National Institutes of Health, 6701 MSC 7812, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, 2902, [email protected]. Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting). Name of Committee: Center for Scientific (Telephone Conference Call). Contact Person: Katherine M Malinda, Review Special Emphasis Panel Skeletal Contact Person: Patricia Greenwel, Ph.D., Ph.D., Scientific Review Officer, Center for Muscle Biology, Physiology and Disease. Scientific Review Officer, Center for Scientific Review, National Institutes of Date: June 26, 2012. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4140, Time: 1:00 p.m. to 4:00 p.m. Health, 6701 Rockledge Drive, Room 2178, MSC 7814, Bethesda, MD 20892, 301–435– MSC 7818, Bethesda, MD 20892, 301–435– _ Agenda: To review and evaluate grant 0912, Katherine [email protected]. applications. 1169, [email protected]. This notice is being published less than 15 Place: National Institutes of Health, 6701 (Catalogue of Federal Domestic Assistance days prior to the meeting due to the timing Rockledge Drive, Bethesda, MD 20892. Program Nos. 93.306, Comparative Medicine; limitations imposed by the review and Contact Person: Aftab A Ansari, Ph.D., 93.333, Clinical Research, 93.306, 93.333, funding cycle. Scientific Review Officer, Center for 93.337, 93.393–93.396, 93.837–93.844, Name of Committee: Genes, Genomes, and Scientific Review, National Institutes of 93.846–93.878, 93.892, 93.893, National Genetics Integrated Review Group Molecular Health, 6701 Rockledge Drive, Room 4108, Institutes of Health, HHS) Genetics A Study Section. MSC 7814, Bethesda, MD 20892, 301–237– Dated: May 25, 2012. Date: June 25, 2012. 9931, [email protected]. Time: 8:00 a.m. to 6:00 p.m. Jennifer S. Spaeth, Name of Committee: Center for Scientific Agenda: To review and evaluate grant Director, Office of Federal Advisory Review Special Emphasis Panel Translational applications. Committee Policy. Research in Diabetes, Obesity and Endocrine Place: Hyatt Regency Bethesda, One Disorders. [FR Doc. 2012–13312 Filed 5–31–12; 8:45 am] Bethesda Metro Center, 7400 Wisconsin BILLING CODE 4140–01–P Avenue, Bethesda, MD 20814. Date: June 27, 2012. Contact Person: Michael M Sveda, Ph.D., Time: 8:00 a.m. to 6:00 p.m. Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 1114, Place: National Institutes of Health, 6701 HUMAN SERVICES MSC 7890, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892, 3565, [email protected]. (Virtual Meeting). Substance Abuse and Mental Health Contact Person: Nancy Sheard, SCD, Services Administration Name of Committee: Center for Scientific Scientific Review Officer, Center for Review Special Emphasis Panel Member Scientific Review, National Institutes of Current List of Laboratories and Conflict: Epidemiology. Health, 6701 Rockledge Drive, Room 6046–E, Date: June 25–26, 2012. Instrumented Initial Testing Facilities MSC 7892, Bethesda, MD 20892, 301–408– Time: 9:00 a.m. to 4:00 p.m. Which Meet Minimum Standards To 9901, [email protected]. Agenda: To review and evaluate grant Engage in Urine Drug Testing for applications. Name of Committee: Center for Scientific Federal Agencies Place: National Institutes of Health, 6701 Review Special Emphasis Panel Clinical and Rockledge Drive, Bethesda, MD 20892, Translational Imaging Applications. AGENCY: Substance Abuse and Mental (Virtual Meeting). Date: June 27, 2012. Health Services Administration, HHS. Time: 10:00 a.m. to 5:00 p.m. Contact Person: Denise Wiesch, Ph.D., ACTION: Notice. Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. SUMMARY: The Department of Health and Health, 6701 Rockledge Drive, Room 3150, Place: National Institutes of Health, 6701 Human Services (HHS) notifies Federal MSC 7770, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting). agencies of the Laboratories and 0684, [email protected]. Instrumented Initial Testing Facilities Name of Committee: Center for Scientific Contact Person: Eileen W Bradley, DSC, Chief, SBIB IRG, Center for Scientific Review, (IITF) currently certified to meet the Review Special Emphasis Panel PAR Panel: standards of the Mandatory Guidelines Biodemography of Aging. National Institutes of Health, 6701 Rockledge Date: June 26–27, 2012. Drive, Room 5100, MSC 7854, Bethesda, MD for Federal Workplace Drug Testing Time: 9:00 a.m. to 5:00 p.m. 20892, (301) 435–1179, [email protected]. Programs (Mandatory Guidelines). The Agenda: To review and evaluate grant Name of Committee: Center for Scientific Mandatory Guidelines were first applications. Review Special Emphasis Panel Member published in the Federal Register on Place: National Institutes of Health, 6701 Conflict: Neuronal Channels and Receptors April 11, 1988 (53 FR 11970), and Rockledge Drive, Bethesda, MD 20892, Structure and Function. subsequently revised in the Federal (Virtual Meeting). Date: June 27, 2012. Register on June 9, 1994 (59 FR 29908); Contact Person: Suzanne Ryan, Ph.D., Time: 1:00 p.m. to 3:30 p.m. September 30, 1997 (62 FR 51118); Agenda: To review and evaluate grant Scientific Review Officer, Center for April 13, 2004 (69 FR 19644); November Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 3139, Place: National Institutes of Health, 6701 25, 2008 (73 FR 71858); December 10, MSC 7770, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, 2008 (73 FR 75122); and on April 30, 1712, [email protected]. (Telephone Conference Call). 2010 (75 FR 22809). Name of Committee: Center for Scientific Contact Person: Carol Hamelink, Ph.D., A notice listing all currently certified Review Special Emphasis Panel Fellowship: Scientific Review Officer, Center for Laboratories and Instrumented Initial Chemistry, Biochemistry, Biophysics, and Scientific Review, National Institutes of Testing Facilities (IITF) is published in Bioengineering. Health, 6701 Rockledge Drive, Room 4192, the Federal Register during the first Date: June 26–29, 2012. MSC 7850, Bethesda, MD 20892, (301) 213– week of each month. If any Laboratory/ Time: 10:00 a.m. to 5:00 p.m. 9887, [email protected]. IITF’s certification is suspended or Agenda: To review and evaluate grant Name of Committee: Center for Scientific revoked, the Laboratory/IITF will be applications. Review Special Emphasis Panel Member omitted from subsequent lists until such Place: National Institutes of Health, 6701 Conflict: Gastrointestinal Physiology and Rockledge Drive, Bethesda, MD 20892. Pathophysiology. time as it is restored to full certification Contact Person: Alexander Gubin, Ph.D., Date: June 27, 2012. under the Mandatory Guidelines. Scientific Review Officer, Center for Time: 12:00 p.m. to 2:30 p.m. If any Laboratory/IITF has withdrawn Scientific Review, National Institutes of Agenda: To review and evaluate grant from the HHS National Laboratory Health, 6701 Rockledge Drive, Room 4196, applications. Certification Program (NLCP) during the

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past month, it will be listed at the end Aegis Analytical Laboratories, 345 Hill 66219, 913–888–3927/800–873–8845, and will be omitted from the monthly Ave., Nashville, TN 37210, 615–255– (Formerly: Quest Diagnostics listing thereafter. 2400, (Formerly: Aegis Sciences Incorporated; LabOne, Inc.; Center for This notice is also available on the Corporation, Aegis Analytical Laboratory Services, a Division of Internet at http://www.workplace. Laboratories, Inc.) LabOne, Inc.). samhsa.gov and http://www.drugfree Alere Toxicology Services, 1111 Newton Maxxam Analytics,* 6740 Campobello workplace.gov. St., Gretna, LA 70053, 504–361–8989/ Road, Mississauga, ON, Canada L5N FOR FURTHER INFORMATION CONTACT: Mrs. 800–433–3823, (Formerly: Kroll 2L8, 905–817–5700, (Formerly: Giselle Hersh, Division of Workplace Laboratory Specialists, Inc., Maxxam Analytics Inc., NOVAMANN Programs, SAMHSA/CSAP, Room 2– Laboratory Specialists, Inc.) (Ontario), Inc.). 1042, One Choke Cherry Road, Alere Toxicology Services, 450 MedTox Laboratories, Inc., 402 W. Rockville, Maryland 20857; 240–276– Southlake Blvd., Richmond, VA County Road D, St. Paul, MN 55112, 2600 (voice), 240–276–2610 (fax). 23236, 804–378–9130, (Formerly: 651–636–7466/800–832–3244. SUPPLEMENTARY INFORMATION: The Kroll Laboratory Specialists, Inc., MetroLab-Legacy Laboratory Services, Mandatory Guidelines were initially Scientific Testing Laboratories, Inc.; 1225 NE. 2nd Ave., Portland, OR developed in accordance with Executive Kroll Scientific Testing Laboratories, 97232, 503–413–5295/800–950–5295. Order 12564 and section 503 of Public Inc.) Minneapolis Veterans Affairs Medical Law 100–71. The ‘‘Mandatory Baptist Medical Center-Toxicology Center, Forensic Toxicology Guidelines for Federal Workplace Drug Laboratory, 11401 I–30, Little Rock, Laboratory, 1 Veterans Drive, Testing Programs’’, as amended in the AR 72209–7056, 501–202–2783, Minneapolis, MN 55417, 612–725– revisions listed above, requires strict (Formerly: Forensic Toxicology 2088. standards that Laboratories and Laboratory Baptist Medical Center). National Toxicology Laboratories, Inc., Instrumented Initial Testing Facilities Clinical Reference Lab, 8433 Quivira 1100 California Ave., Bakersfield, CA (IITF) must meet in order to conduct Road, Lenexa, KS 66215–2802, 800– 93304, 661–322–4250/800–350–3515. drug and specimen validity tests on 445–6917. One Source Toxicology Laboratory, Inc., urine specimens for Federal agencies. Doctors Laboratory, Inc., 2906 Julia 1213 Genoa-Red Bluff, Pasadena, TX To become certified, an applicant Drive, Valdosta, GA 31602, 229–671– 77504, 888–747–3774, (Formerly: Laboratory/IITF must undergo three 2281. University of Texas Medical Branch, rounds of performance testing plus an DrugScan, Inc., P.O. Box 2969, 1119 Clinical Chemistry Division; UTMB on-site inspection. To maintain that Mearns Road, Warminster, PA 18974, Pathology-Toxicology Laboratory). certification, a Laboratory/IITF must 215–674–9310. Pacific Toxicology Laboratories, 9348 participate in a quarterly performance ElSohly Laboratories, Inc., 5 Industrial DeSoto Ave., Chatsworth, CA 91311, testing program plus undergo periodic, Park Drive, Oxford, MS 38655, 662– 800–328–6942, (Formerly: Centinela on-site inspections. 236–2609. Hospital Airport Toxicology Laboratories and Instrumented Initial Gamma-Dynacare Medical Laboratory). Testing Facilities (IITF) in the applicant Laboratories,* A Division of the Pathology Associates Medical stage of certification are not to be Gamma-Dynacare Laboratory Laboratories, 110 West Cliff Dr., considered as meeting the minimum Partnership, 245 Pall Mall Street, Spokane, WA 99204, 509–755–8991/ requirements described in the HHS London, ONT, Canada N6A 1P4, 519– 800–541–7891x7. Mandatory Guidelines. A Laboratory/ 679–1630. Phamatech, Inc., 10151 Barnes Canyon IITF must have its letter of certification Laboratory Corporation of America Road, San Diego, CA 92121, 858–643– from HHS/SAMHSA (formerly: HHS/ Holdings, 7207 N. Gessner Road, 5555. NIDA) which attests that it has met Houston, TX 77040, 713–856–8288/ Quest Diagnostics Incorporated, 5601 minimum standards. 800–800–2387. Office Blvd., Albuquerque, NM 87109, In accordance with the Mandatory Laboratory Corporation of America 505–727–6300/800–999–5227, Guidelines dated November 25, 2008 Holdings, 69 First Ave., Raritan, NJ (Formerly: SE.D. Medical (73 FR 71858), the following 08869, 908–526–2400/800–437–4986, Laboratories). Laboratories and Instrumented Initial (Formerly: Roche Biomedical Quest Diagnostics Incorporated, 1777 Testing Facilities (IITF) meet the Laboratories, Inc.) Montreal Circle, Tucker, GA 30084, Laboratory Corporation of America minimum standards to conduct drug 800–729–6432, (Formerly: SmithKline Holdings, 1904 Alexander Drive, and specimen validity tests on urine Beecham Clinical Laboratories; Research Triangle Park, NC 27709, specimens: SmithKline Bio-Science Laboratories). 919–572–6900/800–833–3984, Quest Diagnostics Incorporated, 400 Instrumented Initial Testing Facilities (Formerly: LabCorp Occupational Egypt Road, Norristown, PA 19403, (IITF) Testing Services, Inc., CompuChem 610–631–4600/877–642–2216, None. Laboratories, Inc.; CompuChem (Formerly: SmithKline Beecham Laboratories, Inc., A Subsidiary of Clinical Laboratories; SmithKline Bio- Laboratories Roche Biomedical Laboratory; Roche Science Laboratories). ACL Laboratories, 8901 W. Lincoln CompuChem Laboratories, Inc., A Quest Diagnostics Incorporated, 8401 Ave., West Allis, WI 53227, 414–328– Member of the Roche Group). Fallbrook Ave., West Hills, CA 91304, 7840/800–877–7016, (Formerly: Laboratory Corporation of America 818–737–6370, (Formerly: SmithKline Bayshore Clinical Laboratory). Holdings, 1120 Main Street, Beecham Clinical Laboratories). ACM Medical Laboratory, Inc., 160 Southaven, MS 38671, 866–827–8042/ South Bend Medical Foundation, Inc., Elmgrove Park, Rochester, NY 14624, 800–233–6339, (Formerly: LabCorp 530 N. Lafayette Blvd., South Bend, 585–429–2264. Occupational Testing Services, Inc.; IN 46601, 574–234–4176 x1276. Advanced Toxicology Network, 3560 MedExpress/National Laboratory Southwest Laboratories, 4625 E. Cotton Air Center Cove, Suite 101, Memphis, Center). Center Boulevard, Suite 177, Phoenix, TN 38118, 901–794–5770/888–290– LabOne, Inc. d/b/a Quest Diagnostics, AZ 85040, 602–438–8507/800–279– 1150. 10101 Renner Blvd., Lenexa, KS 0027.

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STERLING Reference Laboratories, 2617 SUMMARY: The Department of Homeland vulnerability, risk mitigation, and East L Street, Tacoma, Washington Security (DHS) announced the infrastructure continuity information. 98421, 800–442–0438, Toxicology & establishment of the Critical Organizational Structure: CIPAC Drug Monitoring Laboratory. Infrastructure Partnership Advisory members are organized into the eighteen University of Missouri Hospital & Council (CIPAC) by notice published in HSPD–7 critical infrastructure sectors. A Clinics, 301 Business Loop 70 West, the Federal Register on March 24, 2006. Sector Coordinating Council (SCC) Suite 208, Columbia, MO 65203, 573– This committee was exempted from the generally exists within each sector 882–1273. Federal Advisory Committee Act containing critical infrastructure owner/ US Army Forensic Toxicology Drug (FACA) under the authority of the operators. The SCC includes these Testing Laboratory, 2490 Wilson St., Secretary of the Department of critical infrastructure owners/operators Fort George G. Meade, MD 20755– Homeland Security in section 871 of the or their representative trade 5235, 301–677–7085. Homeland Security Act of 2002, 6 associations. Each sector also has a * The Standards Council of Canada U.S.C. 451(a); that notice identified the Government Coordinating Council (SCC) voted to end its Laboratory purpose of CIPAC as well as its (GCC) whose membership includes a Accreditation Program for Substance membership. This notice provides (1) lead Federal agency, defined as the Abuse (LAPSA) effective May 12, 1998. that the Secretary has determined that Sector Specific Agency, and all relevant Laboratories certified through that CIPAC and its exemption from FACA Federal, state, local, tribal, and/or program were accredited to conduct continues to serve the purpose for territorial government agencies (or their forensic urine drug testing as required which it was established and has representative bodies) whose mission by U.S. Department of Transportation renewed its charter, which is required interests also involve the scope of the (DOT) regulations. As of that date, the every two years; (2) instructions on how CIPAC activities for that particular certification of those accredited the public can obtain the CIPAC sector. Canadian laboratories will continue membership roster and other Membership: CIPAC membership under DOT authority. The responsibility information on the Council; and (3) includes: (1) Critical infrastructure for conducting quarterly performance information on the membership within owner/operator members of an SCC; (2) testing plus periodic on-site inspections CIPAC of the members of the State, trade association members of an SCC of those LAPSA-accredited laboratories Local, Tribal, and Territorial representing the interests of critical was transferred to the U.S. HHS, with Government Coordinating Council infrastructure owner/operators; (3) each the HHS’ NLCP contractor continuing to (SLTTGCC). sector’s GCC; and (4) governmental have an active role in the performance officials who are part of DHS’s FOR FURTHER INFORMATION CONTACT: testing and laboratory inspection SLTTGCC. The new charter also Larry May, Designated Federal Officer, processes. Other Canadian laboratories prohibits Federally registered lobbyists Critical Infrastructure Partnership wishing to be considered for the NLCP from representing SCC members at Advisory Council, Department of may apply directly to the NLCP CIPAC meetings. This requirement Homeland Security, National Protection contractor just as U.S. laboratories do. complies with a Presidential Policy Upon finding a Canadian laboratory to and Programs Directorate, 245 Murray Memorandum, ‘‘Lobbyists on Agency be qualified, HHS will recommend that Lane, Mail Stop 0607, Arlington, VA Boards and Commissions,’’ issued on DOT certify the laboratory (Federal 20598–0607. June 18, 2010. Register, July 16, 1996) as meeting the SUPPLEMENTARY INFORMATION: Notice of CIPAC Membership Roster and minimum standards of the Mandatory CIPAC Renewal: The Secretary of Council Information: The current roster Guidelines published in the Federal Homeland Security extended the CIPAC of CIPAC membership is published on Register on April 30, 2010 (75 FR charter on March 19, 2012, for a period the CIPAC Web site (http:// 22809). After receiving DOT of two years. The current CIPAC charter www.dhs.gov/cipac) and is updated as certification, the laboratory will be reflecting the Secretary’s action is CIPAC membership changes. Members included in the monthly list of HHS- available on the CIPAC Web site (http:// of the public may visit the CIPAC Web certified laboratories and participate in www.dhs.gov/cipac). site at any time to obtain current CIPAC membership as well as the current and the NLCP certification maintenance Purpose and Activities: CIPAC program. historic list of CIPAC meetings and facilitates interaction between agendas. Janine Denis Cook, government officials and representatives of the community of owners and Dated: May 22, 2012. Chemist, Division of Workplace Programs, Larry May, Center for Substance Abuse Prevention, operators for each of the critical SAMHSA. infrastructure sectors defined by Designated Federal Officer for the CIPAC. [FR Doc. 2012–13234 Filed 5–31–12; 8:45 am] [FR Doc. 2012–13286 Filed 5–31–12; 8:45 am] Homeland Security Presidential Directive 7 (HSPD–7) and identified in BILLING CODE 9110–9P–P BILLING CODE 4160–20–P the National Infrastructure Protection Plan. The scope of activities covered by CIPAC includes planning; coordinating DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND among government and critical SECURITY SECURITY infrastructure owner/operator security [Docket No. DHS–2012–0009] partners; implementing security Office of the Secretary program initiatives; conducting [Docket No. DHS–2012–0029] Critical Infrastructure Partnership operational activities related to critical Advisory Council (CIPAC) infrastructure protection security DHS Data Privacy and Integrity Advisory Committee AGENCY: National Protection and measures, incident response, recovery, Programs Directorate, DHS. infrastructure resilience; reconstituting AGENCY: Privacy Office, DHS. critical infrastructure assets and systems ACTION: Notice of the CIPAC charter ACTION: Committee Management; Notice for both man-made and naturally renewal. of Committee Charter Renewal. occurring events; and sharing threat,

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SUMMARY: The Secretary of Homeland Committee as a discretionary Protection, National Protection and Security has determined that the committee, which shall operate in Programs Directorate, U.S. Department renewal of the charter of the Data accordance with the provisions of the of Homeland Security, 245 Murray Privacy and Integrity Advisory Federal Advisory Committee Act Lane, Mail Stop 0607, Arlington, VA Committee is necessary and in the (FACA), 5 U.S.C. App. 2. The 20598–0607, by telephone (703) 603– public interest in connection with the Committee provides advice at the 5070 or via email at [email protected]. Department of Homeland Security’s request of the Secretary of Homeland SUPPLEMENTARY INFORMATION: performance of its duties. This Security and the DHS Chief Privacy Purpose and Activity: The CIPAC determination follows consultation with Officer on programmatic, policy, facilitates interaction between the Committee Management Secretariat, operational, administrative, and government officials and representatives General Services Administration. technological issues within the DHS of the community of owners and/or DATES: The committee’s charter is that relate to personally identifiable operators for each of the critical effective May 8, 2012, and expires May information (PII), as well as data infrastructure sectors defined by 8, 2014. integrity and other privacy-related Homeland Security Presidential Directive 7 (HSPD–7) and identified in ADDRESSES: If you desire to submit matters. the National Infrastructure Protection comments on this action, they must be Dated: May 23, 2012. Plan (NIPP). The scope of activities submitted by (60 days after publication Mary Ellen Callahan, covered by the CIPAC includes of Notice). Comments must be identified Chief Privacy Officer, Department of planning; coordinating among by DHS Docket Number (DHS–2012– Homeland Security. government and critical infrastructure 0029) and may be submitted by one of [FR Doc. 2012–13051 Filed 5–31–12; 8:45 am] owner/operator security partners; the following methods: BILLING CODE 9110–9L–P • implementing security program Federal eRulemaking Portal: http:// initiatives; conducting operational www.regulations.gov. Follow the activities related to critical instructions for submitting comments. DEPARTMENT OF HOMELAND • infrastructure protection security Email: [email protected]. SECURITY measures, incident response, recovery, Include the Docket Number (DHS– [Docket No. DHS–2012–0008] infrastructure resilience, reconstituting 2012–0029) in the subject line of the critical infrastructure assets and systems message. Critical Infrastructure Partnership • for both man-made as well as naturally Fax: (703) 483–2999 Advisory Council (CIPAC) • occurring events; and sharing threat, Mail: Shannon Ballard, Designated vulnerability, risk mitigation, and AGENCY: National Protection and Federal Officer, Data Privacy and infrastructure continuity information. Integrity Advisory Committee, Programs Directorate, DHS. Organizational Structure: CIPAC Department of Homeland Security, 245 ACTION: Quarterly CIPAC membership members are organized into eighteen Murray Lane SW., Mail Stop 0655, update. (18) critical infrastructure sectors. Washington, DC 20528. SUMMARY: The Department of Homeland Within all the sectors containing critical Instructions: All submissions must infrastructure owners/operators, there include the words ‘‘Department of Security (DHS) announced the establishment of the Critical generally exists a Sector Coordinating Homeland Security’’ and DHS–2012– Council (SCC) that includes critical 0029, the docket number for this action. Infrastructure Partnership Advisory Council (CIPAC) by notice published in infrastructure owners and/or operators Comments received will be posted or their representative trade without alteration at http:// the Federal Register Notice (71 FR 14930–14933) dated March 24, 2006. associations. Each of the sectors also has www.regulations.gov, including any a Government Coordinating Council personal information provided. That notice identified the purpose of CIPAC as well as its membership. This (GCC) whose membership includes a Docket: For access to the docket to lead Federal agency that is defined as read background documents or notice provides: (i) The quarterly CIPAC membership updates; (ii) instructions the Sector Specific Agency (SSA), and comments received, go to http:// all relevant Federal, state, local, tribal, www.regulations.gov. on how the public can obtain the CIPAC membership roster and other and/or territorial government agencies FOR FURTHER INFORMATION CONTACT: information on the council; and, (iii) (or their representative bodies) whose Shannon Ballard, Designated Federal information on recently completed mission interests also involve the scope Officer, DHS Data Privacy and Integrity CIPAC meetings. of the CIPAC activates for that particular Advisory Committee, Department of sector. FOR FURTHER INFORMATION CONTACT: Homeland Security, 245 Murray Lane CIPAC Membership: CIPAC Larry May, Designated Federal Officer, Membership may include: SW., Mail Stop 0655, Washington, DC Critical Infrastructure Partnership 20528, by telephone (703) 235–0780, by (i) Critical Infrastructure owner and/ Advisory Council, Sector Outreach and or operator members of an SCC; fax (703) 235–0442, or by email to Programs Division, Office of [email protected]. (ii) Trade association members who Infrastructure Protection, National are members of an SCC representing the Responsible DHS Officials: Mary Protection and Programs Directorate, Ellen Callahan, Chief Privacy Officer interests of critical infrastructure U.S. Department of Homeland Security, owners and/or operators; and Shannon Ballard, Designated 245 Murray Lane, Mail Stop 0607, Federal Officer, 245 Murray Lane SW., (iii) Each sector’s Government Arlington, VA 20598–0607, by Coordinating Council (GCC) members; Mail Stop 0655, Washington, DC 20528, telephone (703) 603–5070 or via email [email protected], 703–235– and; at [email protected]. (iv) State, local, tribal, and territorial 0780. Responsible DHS Official: Larry May, governmental officials comprising the SUPPLEMENTARY INFORMATION: Purpose Designated Federal Officer, Critical DHS State, Local, Tribal, and Territorial and Objective: Under the authority of 6 Infrastructure Partnership Advisory GCC. U.S.C. 451, this charter renews the Data Council, Sector Outreach and Programs CIPAC Membership Roster and Privacy and Integrity Advisory Division, Office of Infrastructure Council Information: The current roster

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of CIPAC membership is published on 1200 New Jersey Avenue SE., Collections; (3) ways to enhance the the CIPAC Web site (http:// Washington, DC 20590–0001. quality, utility, and clarity of www.dhs.gov/cipac) and is updated as (3) Hand delivery: Same as mail information subject to the Collections; the CIPAC membership changes. address above, between 9:00 a.m. and and (4) ways to minimize the burden of Members of the public may visit the 5:00 p.m., Monday through Friday, the Collections on respondents, CIPAC Web site at any time to obtain except Federal holidays. The telephone including the use of automated current CIPAC membership as well as number is 202–366–9329. collection techniques or other forms of the current and historic list of CIPAC (4) Fax: 202–493–2251. To ensure information technology. In response to meetings and agendas. your comments are received in a timely your comments, we may revise these Dated: May 23, 2012. manner, mark the fax, to attention Desk ICRs or decide not to seek approval of Officer for the Coast Guard. revisions of the Collections. We will Larry May, The DMF maintains the public docket consider all comments and material Designated Federal Officer for the CIPAC. for this Notice. Comments and material received during the comment period. [FR Doc. 2012–13236 Filed 5–31–12; 8:45 am] received from the public, as well as We encourage you to respond to this BILLING CODE 9110–9P–P documents mentioned in this Notice as request by submitting comments and being available in the docket, will related materials. Comments must become part of the docket and will be contain the OMB Control Number of the DEPARTMENT OF HOMELAND available for inspection or copying at ICR and the docket number of this SECURITY room W12–140 on the West Building request, [USCG–2012–0472], and must be received by July 31, 2012. We will Coast Guard Ground Floor, 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m. post all comments received, without [USCG–2012–0472] and 5:00 p.m., Monday through Friday, change, to http://www.regulations.gov. except Federal holidays. You may also They will include any personal Information Collection Requests to find the docket on the Internet at information you provide. We have an Office of Management and Budget http://www.regulations.gov. agreement with DOT to use their DMF. Please see the ‘‘Privacy Act’’ paragraph AGENCY: Coast Guard, DHS. Copies of the ICRs are available below. ACTION: Sixty-day notice requesting through the docket on the Internet at comments. http://www.regulations.gov. Submitting Comments Additionally, copies are available from: If you submit a comment, please SUMMARY: In compliance with the Commandant (CG–611), ATTN include the docket number [USCG– Paperwork Reduction Act of 1995, the Paperwork Reduction Act Manager, US 2012–0472], indicate the specific U.S. Coast Guard intends to submit Coast Guard, 2100 2nd ST SW STOP section of the document to which each Information Collection Requests (ICRs) 7101, Washington, DC 20593–7101. comment applies, providing a reason for to the Office of Management and Budget FOR FURTHER INFORMATION CONTACT: Ms. each comment. You may submit your (OMB), Office of Information and Kenlinishia Tyler, Office of Information comments and material online (via Regulatory Affairs (OIRA), requesting Management, telephone 202–475–3652, http://www.regulations.gov), by fax, approval of a revision to the following or fax 202–475–3929, for questions on mail, or hand delivery, but please use collections of information: 1625–0016, these documents. Contact Ms. Renee V. only one of these means. If you submit Welding and Hot Work Permits; Posting Wright, Program Manager, Docket a comment online via of Warning Signs; 1625–0023, Barge Operations, 202–366–9826, for www.regulations.gov, it will be Fleeting Facility Records; 1625–0038, questions on the docket. considered received by the Coast Guard Plan Approval and Records for Tank SUPPLEMENTARY INFORMATION: when you successfully transmit the Vessels, Passenger Vessels, Cargo and comment. If you fax, hand deliver, or Public Participation and Request for Miscellaneous Vessels, Mobile Offshore mail your comment, it will be Comments Drilling Units, Nautical School Vessels considered as having been received by and Oceanographic Research Vessels— This Notice relies on the authority of the Coast Guard when it is received at 46 CFR Subchapters D, H, I, I–A, R and the Paperwork Reduction Act of 1995; the DMF. We recommend you include U; and 1625–0039, Declaration of 44 U.S.C. Chapter 35, as amended. An your name, mailing address, an email Inspection Before Transfer of Liquid ICR is an application to OIRA seeking address, or other contact information in Cargo in Bulk. Our ICRs describe the the approval, extension, or renewal of a the body of your document so that we information we seek to collect from the Coast Guard collection of information can contact you if we have questions public. Before submitting these ICRs 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 July 31, 2012. 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–2012–0472] to the each Collection. www.regulations.gov, and type ‘‘USCG– Docket Management Facility (DMF) at The Coast Guard invites comments on 2012–0472’’ in the ‘‘Keyword’’ box. If the U.S. Department of Transportation whether these ICRs should be granted you submit your comments by mail or (DOT). To avoid duplicate submissions, based on the Collections being hand delivery, submit them in an please use only one of the following necessary 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 Collections; (2) the know that they reached the Facility, Building Ground Floor, Room W12–140, accuracy of the estimated burden of the please enclose a stamped, self-addressed

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postcard or envelope. We will consider barges from breaking away from a Dated: May 25, 2012. all comments and material received fleeting facility and drifting downstream R. E. Day, during the comment period and will out of control in the congested Lower Rear Admiral, U.S. Coast Guard, Assistant address them accordingly. Mississippi River waterway system. Commandant for Command, Control, Forms: None. Communications, Computers and Viewing Comments and Documents Information Technology. Respondents: Operators of barge To view comments, as well as fleeting facilities. [FR Doc. 2012–13242 Filed 5–31–12; 8:45 am] documents mentioned in this Notice as BILLING CODE 9110–04–P being available in the docket, go to Frequency: Daily. http://www.regulations.gov, click on the Burden Estimate: The estimated ‘‘read comments’’ box, which will then burden has decreased from 60,390 hours DEPARTMENT OF HOMELAND become highlighted in blue. In the to 50,453 hours a year. SECURITY ‘‘Keyword’’ box insert ‘‘USCG–2012– 3. Title: Plan Approval and Records 0472’’ and click ‘‘Search.’’ Click the for Tank Vessels, Passenger Vessels, U.S. Citizenship and Immigration ‘‘Open Docket Folder’’ in the ‘‘Actions’’ Cargo and Miscellaneous Vessels, Services column. You may also visit the DMF in Mobile Offshore Drilling Units, Nautical Agency Information Collection Room W12–140 on the ground floor of School Vessels and Oceanographic Activities: Proposed Collection; the DOT West Building, 1200 New Research Vessels—46 CFR Subchapters Comment Request, Affidavit of Jersey Avenue SE., Washington, DC D, H, I, I–A, R and U. Support Under Section 213A of the Act 20590, between 9 a.m. and 5 p.m., OMB Control Number: 1625–0038. Monday through Friday, except Federal Summary: This collection requires the ACTION: 60-Day Notice of Information holidays. shipyard, designer or manufacturer for Collection Under Review: Extension, Privacy Act the construction of a vessel to submit without change, of a currently approved plans, technical information and collection; Form I–864, Affidavit of Anyone can search the electronic operating manuals to the Coast Guard. Support Under Section 213A of the Act; form of comments received in dockets Need: Under 46 U.S.C. 3301 and 3306, Form I–864A, Contract Between by the name of the individual the Coast Guard is responsible for Sponsor and Household Member, Form submitting the comment (or signing the enforcing regulations promoting the I–864 EZ, Affidavit of Support Under comment, if submitted on behalf of an safety of life and property in marine Section 213A of the Act; Form I–864W, association, business, labor union, etc.). transportation. The Coast Guard uses Intending Immigrant’s Affidavit of You may review a Privacy Act statement this information to ensure that a vessel Support Exemption; OMB Control No. regarding Coast Guard public dockets in meets the applicable standards for 1615–0075. the January 17, 2008, issue of the construction, arrangement and Federal Register (73 FR 3316). equipment under 46 CFR Subchapters The Department of Homeland Information Collection Requests D, H, I, I–A, R and U. Security, U.S. Citizenship and Immigration Services (USCIS) will be Forms: None. 1. Title: Welding and Hot Work submitting the following information Permits; Posting of Warning Signs. Respondents: Shipyards, designers, collection request for review and OMB Control Number: 1625–0016. and manufacturers of certain vessels. clearance in accordance with the Summary: This information collection Frequency: On occasion. Paperwork Reduction Act of 1995. The helps to ensure that waterfront facilities Burden Estimate: The estimated information collection notice is and vessels are in compliance with burden has increased from 2,970 hours published in the Federal Register to safety standards. A permit must be to 3,589 hours a year. obtain comments from the public and issued prior to welding or hot work at 4. Title: Declaration of Inspection affected agencies. Comments are certain waterfront facilities; and, the Before Transfer of Liquid Cargo in Bulk. encouraged and will be accepted for posting of warning signs is required on OMB Control Number: 1625–0039. sixty days until July 31, 2012. certain facilities. Written comments and suggestions Need: The information is needed to Summary: A Declaration of Inspection regarding items contained in this notice, ensure safe operations on certain (DOI) documents the transfer of oil and and especially with regard to the waterfront facilities and vessels. hazardous materials, to help prevent Forms: CG–4201. spills and damage to a facility or vessel. estimated public burden and associated Respondents: Owners and operators Persons-in-charge of the transfer response time should be directed to the of certain waterfront facilities and operations must review and certify Department of Homeland Security vessels. compliance with procedures specified (DHS), USCIS, Office of Policy and Frequency: On occasion. by the terms of the DOI. Strategy, Laura Dawkins, Acting Chief, Burden Estimate: The estimated Need: Title 33 U.S.C. 1321(j) Regulatory Coordination Division, 20 burden has increased from 425 hours to authorizes the Coast Guard to establish Massachusetts Avenue NW., 546 hours a year. regulations to prevent the discharge of Washington, DC 20529. Comments may 2. Title: Barge Fleeting Facility oil and hazardous material from vessels also be submitted to DHS via facsimile Records. and facilities. The DOI regulations to 202–272–8352, or via email at OMB Control Number: 1625–0023. appear at 33 CFR 156.150 and 46 CFR [email protected]. When Summary: This collection of 35.35–30. submitting comments by email add the information requires the person-in- OMB Control Number 1615–0075 in the Forms: None. charge of a barge fleeting facility to keep subject box. records of twice daily inspections of Respondents: Persons-in-charge of Written comments and suggestions barge moorings and movements of transfers. from the public and affected agencies barges and hazardous cargo in and out Frequency: On occasion. should address one or more of the of the facility. Burden Estimate: The estimated following four points: Need: Title 33 CFR 165.803 burden has decreased from 67,825 hours (1) Evaluate whether the proposed requirements are intended to prevent to 62,514 hours a year. collection of information is necessary

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for the proper performance of the also contact USCIS, Office of Policy and for the proper performance of the functions of the agency, including Strategy, Regulatory Coordination functions of the agency, including whether the information will have Division, 20 Massachusetts Avenue whether the information will have practical utility; NW., Washington, DC 20529, Telephone practical utility; (2) Evaluate the accuracy of the number 202–272–8377. (2) Evaluate the accuracy of the agencies estimate of the burden of the Dated: May 25, 2012. agencies estimate of the burden of the proposed collection of information, Laura Dawkins, proposed collection of information, including the validity of the Acting Chief, Regulatory Coordination including the validity of the methodology and assumptions used; methodology and assumptions used; (3) Enhance the quality, utility, and Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, (3) Enhance the quality, utility, and clarity of the information to be Department of Homeland Security. collected; and clarity of the information to be (4) Minimize the burden of the [FR Doc. 2012–13261 Filed 5–31–12; 8:45 am] collected; and BILLING CODE 9111–97–P collection of information on those who (4) Minimize the burden of the are to respond, including through the collection of information on those who use of appropriate automated, DEPARTMENT OF HOMELAND are to respond, including through the electronic, mechanical, or other SECURITY use of appropriate automated, technological collection techniques or electronic, mechanical, or other other forms of information technology, U.S. Citizenship and Immigration technological collection techniques or e.g., permitting electronic submission of Services other forms of information technology, responses. e.g., permitting electronic submission of Agency Information Collection Overview of This Information responses. Activities: Proposed Collection; Collection Comment Request, H–2 Petitioner’s Overview of This Information (1) Type of Information Collection: Employment Related or Fee Related Collection Extension, without change, of a Notification currently approved collection. (1) Type of Information Collection: (2) Title of the Form/Collection: ACTION: 60-Day Notice of Information Extension, without change, of a Affidavit of Support Under Section Collection Under Review: Extension, currently approved collection. 213A of the Act. without Change, of a Currently (2) Title of the Form/Collection: H–2 (3) Agency form number, if any, and Approved Collection; No Form; OMB Petitioner’s Employment Related or Fee the applicable component of the Control No.1615–0107. Related Notification. Department of Homeland Security (3) Agency form number, if any, and sponsoring the collection: Form I–864, The Department of Homeland Security, U.S. Citizenship and the applicable component of the Affidavit of Support Under Section Department of Homeland Security 213A of the Act; Form I–864A, Contract Immigration Services (USCIS) will be submitting the following information sponsoring the collection: No Form; U.S. Between Sponsor and Household Citizenship and Immigration Services. Member, Form I–864EZ, Affidavit of collection request for review and Support Under Section 213A of the Act; clearance in accordance with the (4) Affected public who will be asked Form I–864W, Intending Immigrant’s Paperwork Reduction Act of 1995. The or required to respond, as well as a brief Affidavit of Support Exemption. information collection notice is abstract: Primary: Business or other for- (4) Affected public who will be asked published in the Federal Register to profit. The notification requirement is or required to respond, as well as a brief obtain comments from the public and necessary to ensure that alien workers abstract: Individuals or households. affected agencies. Comments are maintain their nonimmigrant status and These forms are used by family-based encouraged and will be accepted for will help prevent H–2 workers from and certain employment-based sixty days until July 31, 2012. engaging in unauthorized employment. immigrants to have the petitioning Written comments and suggestions (5) An estimate of the total number of relative execute an Affidavit of Support regarding items contained in this notice, respondents and the amount of time on their behalf. and especially with regard to the estimated for an average respondent to (5) An estimate of the total number of estimated public burden and associated respond: 1,700 respondents with an respondents and the amount of time response time should be directed to the estimated hour burden per response of estimated for an average respondent to Department of Homeland Security .5 hour (30 minutes). respond: Form I–864, 439,500 responses (DHS), USCIS, Office of Policy and (6) An estimate of the total public at 6 hours per response; Form I–864A, Strategy, Laura Dawkins, Acting Chief, burden (in hours) associated with the 215,800 responses at 1.75 hours per Regulatory Coordination Division, 20 collection: 850 Hours. response; Form I–864EZ, 100,000 Massachusetts Avenue NW., responses at 2.5 hours per response; Washington, DC 20529. Comments may If you have additional comments, Form I–864W, 1,000 responses at 1 hour also be submitted to DHS via facsimile suggestions, or need a copy of the per response. to 202–272–8352, or via email at proposed information collection (6) An estimate of the total public [email protected]. When instrument with instructions, or burden (in hours) associated with the submitting comments by email add the additional information, please visit the collection: 3,265,650 Hours. OMB Control Number 1615–0107 in the Federal eRulemaking Portal site at: If you have additional comments, subject box. http://www.regulations.gov. We may suggestions, or need a copy of the Written comments and suggestions also be contacted at: USCIS, Office of proposed information collection from the public and affected agencies Policy and Strategy, Regulatory instrument with instructions, or should address one or more of the Coordination Division, 20 additional information, please visit the following four points: Massachusetts Avenue NW., Federal eRulemaking Portal site at: (1) Evaluate whether the proposed Washington, DC 20529, Telephone http://www.regulations.gov. You may collection of information is necessary number 202–272–8377.

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Dated: May 25, 2012. (2) Evaluate the accuracy of the Dated: May 25, 2012. Laura Dawkins, agencies estimate of the burden of the Laura Dawkins, Acting Chief, Regulatory Coordination proposed collection of information, Acting Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. including the validity of the Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, methodology and assumptions used; Citizenship and Immigration Services, Department of Homeland Security. Department of Homeland Security. (3) Enhance the quality, utility, and [FR Doc. 2012–13262 Filed 5–31–12; 8:45 am] [FR Doc. 2012–13259 Filed 5–31–12; 8:45 am] clarity of the information to be BILLING CODE 9111–97–P BILLING CODE 9111–97–P collected; and (4) Minimize the burden of the DEPARTMENT OF HOMELAND collection of information on those who DEPARTMENT OF HOMELAND SECURITY are to respond, including through the SECURITY use of appropriate automated, U.S. Citizenship and Immigration U.S. Citizenship and Immigration electronic, mechanical, or other Services Services technological collection techniques or Agency Information Collection other forms of information technology, Agency Information Collection Activities: Proposed Collection; e.g., permitting electronic submission of Activities: Proposed Collection; Comment Request, National Interest responses. Comment Request, Request To Waivers, Supplemental Evidence to I– Overview of This Information Enforce Affidavit of Financial Support and Intent To Petition for Custody for 140 and I–485 Collection Amerasian ACTION: 60-Day Notice of Information (1) Type of Information Collection: ACTION: 60-Day Notice of Information Collection Under Review: Extension, Extension, without change, of a Collection Under Review: Extension, without change, of a currently approved currently approved collection. collection; No Form; OMB Control without change, of a currently approved (2) Title of the Form/Collection: No.1615–0063. collection; USCIS Form I–363, Request National Interest Waivers, Supplemental To Enforce Affidavit of Financial * * * * * Evidence to I–140 and I–485. Support and Intent To Petition for The Department of Homeland (3) Agency form number, if any, and Custody for Public Law 97–359 Security, U.S. Citizenship and the applicable component of the Amerasian; OMB Control No.1615– Immigration Services (USCIS) will be Department of Homeland Security 0022. submitting the following information sponsoring the collection: No Form; U.S. The Department of Homeland collection request for review and Citizenship and Immigration Services. Security, U.S. Citizenship and clearance in accordance with the (4) Affected public who will be asked Immigration Services (USCIS) will be Paperwork Reduction Act of 1995. The or required to respond, as well as a brief submitting the following information information collection notice is abstract: Primary: Individuals or collection request for review and published in the Federal Register to clearance in accordance with the obtain comments from the public and households. The supplemental documentation will be used by the U.S. Paperwork Reduction Act of 1995. The affected agencies. Comments are information collection notice is encouraged and will be accepted for Citizenship and Immigration Services to determine eligibility for national published in the Federal Register to sixty days until July 31, 2012. obtain comments from the public and Written comments and suggestions interest waiver requests for physicians and to finalize the request for affected agencies. Comments are regarding items contained in this notice, encouraged and will be accepted for and especially with regard to the adjustment to lawful permanent resident status. sixty days until July 31, 2012. estimated public burden and associated Written comments and suggestions response time should be directed to the (5) An estimate of the total number of regarding items contained in this notice, Department of Homeland Security respondents and the amount of time and especially with regard to the (DHS), USCIS, Office of Policy and estimated for an average respondent to estimated public burden and associated Strategy, Laura Dawkins, Acting Chief, respond: 8,000 respondents responding response time should be directed to the Regulatory Coordination Division, 20 an estimated 2 times per year with an Department of Homeland Security Massachusetts Avenue NW, estimated hour burden per response of (DHS), USCIS, Office of Policy and Washington, DC 20529. Comments may 1 hour. Strategy, Laura Dawkins, Acting Chief, also be submitted to DHS via facsimile (6) An estimate of the total public Regulatory Coordination Division, 20 to 202–272–8352, or via email at burden (in hours) associated with the Massachusetts Avenue NW., [email protected]. When collection: 16,000. Washington, DC 20529. Comments may submitting comments by email add the also be submitted to DHS via facsimile OMB Control Number 1615–0063 in the If you have additional comments, to 202–272–8352, or via email at subject box. suggestions, or need a copy of the [email protected]. When Written comments and suggestions proposed information collection submitting comments by email add the from the public and affected agencies instrument with instructions, or OMB Control Number 1615–0022 in the should address one or more of the additional information, please visit the subject box. following four points: Federal eRulemaking Portal site at: Written comments and suggestions (1) Evaluate whether the proposed http://www.regulations.gov. You may from the public and affected agencies collection of information is necessary also contact USCIS, Office of Policy and should address one or more of the for the proper performance of the Strategy, Regulatory Coordination following four points: functions of the agency, including Division, 20 Massachusetts Avenue NW, (1) Evaluate whether the proposed whether the information will have Washington, DC 20529, Telephone collection of information is necessary practical utility; number 202–272–8377. for the proper performance of the

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functions of the agency, including instrument with instructions, or Planning and Development, Office of whether the information will have additional information, please visit the Block Grant Assistance, Department of practical utility; Federal eRulemaking Portal site at: Housing and Urban Development, 451 (2) Evaluate the accuracy of the http://www.regulations.gov. You may Seventh Street SW., Washington, DC agencies estimate of the burden of the also contact USCIS, Office of Policy and 20401; telephone (202) 402–4559 (this is proposed collection of information, Strategy, Regulatory Coordination not a toll free number) for copies of the including the validity of the Division, 20 Massachusetts Avenue proposed forms and other available methodology and assumptions used; NW., Washington, DC 20529, Telephone information. (3) Enhance the quality, utility, and number 202–272–8377. SUPPLEMENTARY INFORMATION: This clarity of the information to be Dated: May 25, 2012. collected; and Notice is soliciting comments from Laura Dawkins, (4) Minimize the burden of the members of the public and affected collection of information on those who Acting Chief, Regulatory Coordination agencies concerning the proposed Division, Office of Policy and Strategy, U.S. collection of information to: (1) Evaluate are to respond, including through the Citizenship and Immigration Services, use of appropriate automated, whether the proposed collection is Department of Homeland Security. necessary for the proper performance of electronic, mechanical, or other [FR Doc. 2012–13258 Filed 5–31–12; 8:45 am] technological collection techniques or the functions of the agency, including BILLING CODE 9111–97–P other forms of information technology, whether the information will have e.g., permitting electronic submission of practical utility; (2) evaluate the responses. accuracy of the agency’s estimate of the DEPARTMENT OF HOUSING AND burden of the proposed collection of Overview of This Information URBAN DEVELOPMENT information; (3) enhance the quality, Collection [Docket No. FR–5603–N–35] utility, and clarity of the information to (1) Type of Information Collection: be collected; and (4) minimize the Extension, without change, of a Notice of Proposed Information burden of the collection of information currently approved collection. Collection for Public Comment: Fiscal on those who are to respond; including (2) Title of the Form/Collection: Year 2012 Disaster Recovery Grant the use of appropriate automated Request to Enforce Affidavit of Application and Setup in the Disaster collection techniques or other forms of Financial Support and Intent to Petition Recovery Grant Reporting System; information technology, e.g., permitting for Custody for Public Law 97–359 Emergency Comment Request electronic submission of responses. Amerasian. AGENCY: This Notice also lists the following (3) Agency form number, if any, and Office of the Assistant Secretary for Housing, HUD. information: the applicable component of the Title of Proposal: Fiscal Year 2012 Department of Homeland Security ACTION: Notice of proposed information collection. Disaster Recovery Grant Application sponsoring the collection: USCIS Form and Setup in the Disaster Recovery I–363, Request to Enforce Affidavit of SUMMARY: The proposed information Grant Reporting System. Financial Support and Intent to Petition collection requirement described below for Custody for Public Law 97–359 Description of Information Collection: has been submitted to the Office of This emergency processing request Amerasian.; U.S. Citizenship and Management and Budget (OMB) for Immigration Services. meets the requirements at 5 CFR emergency review and approval, as 1320.13 due to the Department’s (4) Affected public who will be asked required by the Paperwork Reduction or required to respond, as well as a brief inability to anticipate the Presidentially- Act. The Department is soliciting public declared disasters and the impact on abstract: Primary: Individuals or comments on the subject proposal. households. Form I–363 is used by local housing stock and businesses. DATES: Comments Due Date: June 15, applicants to ensure the financial Even after a disaster occurred, funding 2012. support of a U.S. citizen. Without the appropriations take place only at the use of Form I–363, the USCIS is not able ADDRESSES: Interested persons are will of Congress, further limiting the to ensure the child does not become a invited to submit comments regarding Department’s ability to predict if, when, public charge. this proposal. Comments must be and how funds will be appropriated. (5) An estimate of the total number of received within seven (7) days from the Although Congress appropriated the respondents and the amount of time date of this Notice. Comments should funds in November 2011, grantees were estimated for an average respondent to refer to the proposal by name/or OMB not identified and requirements of the respond: 50 respondents responding approval number (2506–New) and program were not known for some time with an estimated hour burden per should be sent to: HUD Desk Officer, after. Submitting a standard (60 day) response of .5 hour (30 minutes). Office of Management and Budget, New PRA collection will negatively impact (6) An estimate of the total public Executive Office Building, Washington, both families and local economies by burden (in hours) associated with the DC 20503; email: OIRA delaying the implementation of recovery collection: 25 Hours. [email protected] ; fax: 202– activities beyond this construction If you have additional comments, 395–5806. season. suggestions, or need a copy of the FOR FURTHER INFORMATION CONTACT: Frequency of Submission: Other, one- proposed information collection Stanley Gimont, Director, Community time only.

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

Reporting Burden ...... 680 0.025 158.76 2,699

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Total Estimated Burden Hours: 2,699. and each agency has transmitted to Register, the landholding agency, and Status: New collection. HUD: (1) Its intention to make the the property number. Authority: The Paperwork Reduction Act property available for use to assist the For more information regarding of 1995, 44 U.S.C. Chapter 35, as amended. homeless, (2) its intention to declare the particular properties identified in this Notice (i.e., acreage, floor plan, existing Dated: May 25, 2012. property excess to the agency’s needs, or (3) a statement of the reasons that the sanitary facilities, exact street address), Colette Pollard, property cannot be declared excess or providers should contact the Departmental Paperwork Reduction Act made available for use as facilities to appropriate landholding agencies at the Officer, Office of the Chief Information following addresses: Army: Ms. Officer. assist the homeless. Properties listed as suitable/available Veronica Rines, Department of the [FR Doc. 2012–13336 Filed 5–31–12; 8:45 am] will be available exclusively for Army, Office of the Assistant Chief of BILLING CODE 4210–67–P homeless use for a period of 60 days Staff for Installation Management, from the date of this Notice. Where DAIM–ZS, Room 8536, 2511 Jefferson Davis Hwy., Arlington, VA 22202, Suite DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use 1000, Washington, DC 20374; (202) 685– URBAN DEVELOPMENT only’’ recipients of the property will be required to relocate the building to their 9426 (202) 501–0084; (These are not [Docket No. FR–5601–N–21] own site at their own expense. toll-free numbers). Homeless assistance providers Dated: May 24, 2012. Federal Property Suitable as Facilities interested in any such property should To Assist the Homeless Mark Johnston, send a written expression of interest to Assistant Secretary (Acting) for Community AGENCY: Office of the Assistant HHS, addressed to Theresa Ritta, Planning and Development. Secretary for Community Planning and Division of Property Management, Development, HUD. Program Support Center, HHS, room TITLE V, FEDERAL SURPLUS PROPERTY 5B–17, 5600 Fishers Lane, Rockville, PROGRAM FEDERAL REGISTER REPORT ACTION: Notice. FOR 06/01/2012 MD 20857; (301) 443–2265. (This is not SUMMARY: This Notice identifies a toll-free number.) HHS will mail to the Suitable/Available Properties unutilized, underutilized, excess, and interested provider an application Building surplus Federal property reviewed by packet, which will include instructions Alabama HUD for suitability for use to assist the for completing the application. In order homeless. to maximize the opportunity to utilize a 23 Buildings Redstone Arsenal FOR FURTHER INFORMATION CONTACT: suitable property, providers should Redstone Arsenal AL 35898 Juanita Perry, Department of Housing submit their written expressions of Landholding Agency: Army and Urban Development, 451 Seventh interest as soon as possible. For Property Number: 21201220053 Street SW., Room 7266, Washington, DC complete details concerning the Status: Unutilized 20410; telephone (202) 708–1234; TTY processing of applications, the reader is Directions: 1418, 1417, 1413, 1400, 1419, number for the hearing- and speech- encouraged to refer to the interim rule 1420, 1423, 1424, 1426, 1427, 1428, 1429, impaired (202) 708–2565 (these governing this program, 24 CFR part 1430, 1433, 1434, 1435, 1436, 1437, 3410, telephone numbers are not toll-free), or 581. 3411, 3412, 3413, 7310 call the toll-free Title V information line For properties listed as suitable/to be Comments: off-site removal only; sf. varies; excess, that property may, if usage varies; extensive repairs needed; at 800–927–7588. secured area; need prior approval to access SUPPLEMENTARY INFORMATION: In subsequently accepted as excess by properties GSA, be made available for use by the accordance with 24 CFR part 581 and [FR Doc. 2012–13092 Filed 5–31–12; 8:45 am] section 501 of the Stewart B. McKinney homeless in accordance with applicable BILLING CODE 4210–67–P Homeless Assistance Act (42 U.S.C. law, subject to screening for other 11411), as amended, HUD is publishing Federal use. At the appropriate time, this Notice to identify Federal buildings HUD will publish the property in a DEPARTMENT OF THE INTERIOR and other real property that HUD has Notice showing it as either suitable/ available or suitable/unavailable. reviewed for suitability for use to assist Fish and Wildlife Service the homeless. The properties were For properties listed as suitable/ reviewed using information provided to unavailable, the landholding agency has [FWS–R8–ES–2012–N117; HUD by Federal landholding agencies decided that the property cannot be FXES11120800000F2–123–FF08ECAR00] regarding unutilized and underutilized declared excess or made available for Endangered and Threatened Wildlife buildings and real property controlled use to assist the homeless, and the and Plants; Incidental Take Permit by such agencies or by GSA regarding property will not be available. Application; Proposed Low-Effect its inventory of excess or surplus Properties listed as unsuitable will Habitat Conservation Plan and Federal property. This Notice is also not be made available for any other Associated Documents; Riverside published in order to comply with the purpose for 20 days from the date of this County, CA December 12, 1988 Court Order in Notice. Homeless assistance providers National Coalition for the Homeless v. interested in a review by HUD of the AGENCY: Fish and Wildlife Service, Veterans Administration, No. 88–2503– determination of unsuitability should Interior. OG (D.D.C.). call the toll free information line at ACTION: Notice of availability; request Properties reviewed are listed in this 1–800–927–7588 for detailed for comments. Notice according to the following instructions or write a letter to Mark categories: Suitable/available, suitable/ Johnston at the address listed at the SUMMARY: We, the U.S. Fish and unavailable, suitable/to be excess, and beginning of this Notice. Included in the Wildlife Service (Service), have received unsuitable. The properties listed in the request for review should be the an application from Smoke Tree, Inc. three suitable categories have been property address (including zip code), (applicant), for a 75-year incidental take reviewed by the landholding agencies, the date of publication in the Federal permit (permit); the application

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includes the applicant’s proposed Federal Information Relay Service for breeding, feeding, and sheltering. habitat conservation plan (HCP) as (FIRS) at 800–877–8339. The take would be incidental to the required by the Endangered Species Act SUPPLEMENTARY INFORMATION: applicant’s continuation of routine of 1973, as amended (Act). If approved, activities associated with the the permit would authorize incidental Introduction occupation, use, and maintenance of take of the endangered Casey’s June The applicant, Smoke Tree, Inc., existing residential and guest facilities beetle (Dinacoma caseyi) in the course requests an incidental take permit under at Smoke Tree Ranch in the City of Palm of routine activities associated with the section 10(a)(1)(B) of the Act. If we Springs, Riverside County, California. occupation, use, and maintenance of approve the permit, the applicant No new development resulting in the Smoke Tree Ranch, a residential and anticipates taking Casey’s June beetle as destruction of open space habitat would guest ranch community established in a result of minor disturbances to habitat occur, nor would there be any new its present configuration in 1925. We the species uses for breeding, feeding, activities other than those that have invite public comment on the permit and sheltering. Take of Casey’s June occurred over the 87 years that Smoke application and proposed HCP, and on beetle would be incidental to the Tree Ranch has been in existence. our preliminary determination that the applicant’s continuation of routine Smoke Tree Ranch was originally HCP qualifies as ‘‘low-effect’’ for a activities associated with occupation, developed in 1925 as a desert retreat for categorical exclusion under the National use, and maintenance of existing visitors and permanent residents. The Environmental Policy Act. To make this residential and guest facilities at Smoke entire 400-ac (162-ha) Smoke Tree, Inc., determination, we used our Tree Ranch, in the City of Palm Springs, property encompasses a residential environmental action statement and Riverside County, California. We community of 93 single-family homes, a low-effect screening form, which are published a final rule to list Casey’s 20-ac (8-ha) guest ranch of cottages with also available for review. June beetle as endangered and designate recreation amenities, and peripheral critical habitat for it on September 22, DATES: To ensure consideration, please commercial development of shopping send your written comments by July 2, 2011 (76 FR 58954). The rule became centers and horse stables. The property 2012. effective October 24, 2011. also includes undeveloped open space ADDRESSES: Obtaining Documents: You Background that extends into Palm Canyon Wash and to the base of the Santa Rosa may request a copy of the incidental Section 9 of the Act (16 U.S.C. 1531 Mountains. The location of Smoke Tree take permit application, proposed HCP, et seq.) and our implementing Federal Ranch is within habitat occupied by and associated documents by email, regulations in the Code of Federal Casey’s June beetle, a species adapted to telephone, fax, or U.S. mail (see below). Regulations (CFR) at 50 CFR part 17 These documents are also available for prohibit the ‘‘take’’ of wildlife species desert vegetation and soil types found in public inspection by appointment listed as endangered or threatened. Take Palm Canyon Wash and adjacent areas, during normal business hours at the of listed wildlife is defined under the including Smoke Tree Ranch, in the office below. Please send your requests Act as ‘‘to harass, harm, pursue, hunt, City of Palm Springs. or comments by any one of the shoot, wound, kill, trap, capture, or To minimize take of Casey’s June following methods, and specify ‘‘Smoke collect listed species, or to attempt to beetle on Smoke Tree Ranch, the Tree Ranch HCP’’ in your request or engage in any such conduct’’ (16 U.S.C. applicant proposes to mitigate for minor comment. 1538). ‘‘Harm’’ includes significant disturbance to approximately 260 ac Submitting Comments: You may habitat modification or degradation that (105 ha) of Casey’s June beetle habitat submit comments or requests for more actually kills or injures listed wildlife by continuing to preserve approximately information by any of the following by significantly impairing essential 103 ac (42 ha) of natural, open space methods: behavioral patterns such as breeding, habitat occupied by Casey’s June beetle _ Email: ken [email protected]. Include feeding, or sheltering (50 CFR 17.3). and preserved under existing ‘‘Smoke Tree Ranch HCP’’ in the subject Under limited circumstances, we may conservation easements. In addition, the line of your message. issue permits to authorize incidental applicant proposes to conserve under Telephone: Kennon A. Corey, Palm take of listed wildlife species, which the new deed restrictions approximately Springs Fish and Wildlife Office, 760– Act defines as take that is incidental to, 11.5 ac (4.6 ha) of natural, open space 322–2070. and not the purpose of, the carrying out habitat occupied by Casey’s June beetle; Fax: Kennon A. Corey, Palm Springs of otherwise lawful activities. this habitat is the last remaining Fish and Wildlife Office, 760–322–4648, Regulations governing incidental take undeveloped open space available on Attn.: Smoke Tree Ranch HCP. permits for threatened and endangered Smoke Tree Ranch. The applicant’s U.S. Mail: Kennon A. Corey, Palm species are at 50 CFR 17.32 and 17.22, proposed HCP also contains the Springs Fish and Wildlife Office, Attn.: respectively. In addition to meeting following proposed measures to Smoke Tree Ranch HCP, U.S. Fish and other criteria, activities covered by an minimize the effects of routine activities Wildlife Service, 777 East Tahquitz incidental take permit must not to Casey’s June beetle on approximately Canyon Way, Suite 208, Palm Springs, jeopardize the continued existence in 260 ac (105 ha) of areas already CA 92262. the wild of federally listed wildlife or developed for residential and guest In-Person Viewing or Pickup of plants. ranch use on Smoke Tree Ranch, which Documents, or Delivery of Comments: the applicant enforces through Call 760–322–2070 to make an Applicant’s Proposal covenants, conditions, and restrictions appointment during regular business The applicant requests a 75-year and through written directives to hours at the above address. permit under section 10(a)(1)(B) of the residents each year: FOR FURTHER INFORMATION CONTACT: Act. If we approve the permit, the • Prohibition of electronic ‘‘bug Kennon A. Corey, Assistant Field applicant anticipates taking Casey’s zappers.’’ Supervisor, Palm Springs Fish and June beetles (Dinacoma caseyi) as a • Limitations on outdoor and Wildlife Office; telephone 760–332– result of minor disturbances to swimming pool lighting. 2070. If you use a telecommunications approximately 260 acres (ac) (105 • Use of pool covers on new device for the deaf (TDD), please call the hectares (ha)) of habitat the species uses swimming pools during the

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reproductive flight season of Casey’s As more fully explained in our found in abundance on Smoke Tree June beetle (March through June). environmental action statement and Ranch. • Prohibition of pesticide, herbicide, associated low-effect screening form, the Therefore, our proposed issuance of and fertilizer use in the conservation applicant’s proposed HCP qualifies as a the requested incidental take permit areas. low-effect HCP for the following qualifies as a categorical exclusion • reasons: Prohibition of ground irrigation in under the National Environmental • The applicant would continue to open desert areas, including the Policy Act (NEPA), as provided by the preserve in perpetuity approximately conservation areas. Department of the Interior Manual (516 103 ac (42 ha) of natural open space Proposed Habitat Conservation Plan occupied by Casey’s June beetle. DM 2 Appendix 1, 516 DM 6 Appendix Alternatives • The applicant would preserve an 1, and 516 DM 8.5(C)(2)). Based on our In the proposed HCP, the applicant additional 11.5 ac (4.6 ha) of natural review of public comments that we considers alternatives to the taking of open space occupied by Casey’s June receive in response to this notice, we Casey’s June beetle under the proposed beetle. may revise this preliminary action. Our proposed action is to issue • No new destruction of natural open determination. an incidental take permit to the space habitat would occur. Next Steps applicant, who would implement the • No adverse modification of HCP. If we approve the permit, take of designated critical habitat for Casey’s We will evaluate the proposed HCP Casey’s June beetle would be authorized June beetle would occur. and comments we receive to determine for the applicant’s continuation of • No impacts would occur to any whether the permit application meets routine activities associated with the other threatened, endangered, proposed, the requirements and issuance criteria occupation, use, and maintenance of an or candidate species, nor would there be under section 10(a) of the Act (16 U.S.C. existing residential and guest ranch any adverse modification of designated 1531 et seq.). We will also evaluate community. The applicant’s proposed or proposed critical habitat for any other whether issuance of a section 10(a)(1)(B) HCP does not identify an alternative listed or proposed species. incidental take permit would comply • that would not result in incidental take Human occupation, use, and with section 7 of the Act by conducting of Casey’s June beetle, because it is maintenance of residences, the guest an intra-Service consultation. We will infeasible for Smoke Tree Ranch to ranch, and open space areas would use the results of this consultation, in cease the routine operations that have result in the same low-intensity combination with the above findings, in been implemented over the 87 years that dispersed, minor disturbance to habitat our final analysis to determine whether Smoke Tree Ranch has been in as a result of the same routine or not to issue a permit. If the operation without constricting the day- operations that have occurred on Smoke requirements and issuance criteria to-day life of residents and guests, and Tree Ranch over the past 87 years. under section 10(a) are met, we will risking impacts to property values, • Injury and mortality of individual neighborhood desirability, guest ranch beetles resulting from human activities issue the permit to the applicant for amenities, and the overall economic associated with routine operations incidental take of Casey’s June beetle. viability of the community. would be minor and, with Public Comments Our Preliminary Determination implementation of minimization measures and preservation of If you wish to comment on the permit We invite comments on our conservation easement areas, would be application, proposed HCP, and preliminary determination that our less over the 75-year permit term than associated documents, you may submit proposed action, based on the what has occurred during the past 87 comments by any of the methods noted applicant’s proposed activities, years. in the ADDRESSES section. including the proposed minimization • Historical residential and guest and mitigation measures, would have a ranch use has been demonstratively Public Availability of Comments minor or negligible effect on Casey’s compatible with survival of the beetle, Before including your address, phone June beetle, and that the HCP qualifies as some of the highest observed number, email address, or other as ‘‘low effect’’ as defined by our numbers and most consistent personal identifying information in your Habitat Conservation Planning collections of the beetle have been made Handbook (November 1996). comment, you should be aware that in Smoke Tree Ranch, where the largest your entire comment—including your We base our determination that a HCP and most protected area of remaining personal identifying information—may qualifies as a low-effect plan on the occupied habitat is currently found (76 be made publicly available at any time. following three criteria: FR 58954; September 22, 2011). While you may ask us in your comment (1) Implementation of the HCP would • The current abundance of Casey’s to withhold your personal identifying result in minor or negligible effects on June beetle on Smoke Tree Ranch is information from public review, we federally listed, proposed, and primarily the result of minimal past candidate species and their habitats; disturbance within the regulated, gated cannot guarantee that we will be able to (2) Implementation of the HCP would residential community; the existence of do so. result in minor or negligible effects on the relatively large, contiguous, Authority other environmental values or minimally disturbed area dominated by resources; and native desert vegetation that the beetle We provide this notice under section (3) Impacts of the HCP, considered occupies; and the supplemental soil 10 of the Act (16 U.S.C. 1531 et seq.) together with the impacts of other past, moisture on site from landscaping and NEPA regulations (40 CFR 1506.6). present, and reasonably foreseeable irrigation in the residential and guest similarly situated projects, would not ranch areas (76 FR 58954; September 22, Jim A. Bartel, result, over time, in cumulative effects 2011). These existing conditions will Field Supervisor. to environmental values or resources continue to be perpetuated, and we [FR Doc. 2012–13394 Filed 5–31–12; 8:45 am] that would be considered significant. expect the beetle will continue to be BILLING CODE 4310–55–P

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DEPARTMENT OF THE INTERIOR a coal exploration license on public Underground Mine Project and by this land adjacent to its Cordero Rojo Coal notice is announcing the opening of the Bureau of Land Management Mine. The purpose of the exploration public comment period. [LLWY922000–L13200000–EL0000, program is to obtain structural and DATES: To ensure that comments will be WYW180763] quality information about the coal. The considered, the BLM must receive BLM regulations at 43 CFR part 3410 written comments on the Hollister Notice of Invitation To Participate; Coal require the publication of an invitation Underground Mine Project Draft EIS Exploration License Application to participate in the coal exploration in within 45 days following the date the WYW180763, Wyoming the Federal Register. The Federal coal Environmental Protection Agency resources included in the exploration AGENCY: Bureau of Land Management, publishes its Notice of Availability in license application are located in the Interior. the Federal Register. The BLM will following described lands in Wyoming: announce future meetings and any other ACTION: Notice. 6th Principal Meridian public involvement activities at least 15 SUMMARY days in advance through public notices, : Pursuant to the Mineral T. 46 N., R. 71 W., Leasing Act of 1920, as amended by the Sec. 9, lots 6 through 8 inclusive; news media releases, and/or mailings. Federal Coal Leasing Amendments Act Sec. 10, lots 7 through 10 inclusive; ADDRESSES: You may submit comments of 1976, and to Bureau of Land Sec. 11, lots 13 through 16 inclusive; related to the Hollister Underground Management (BLM) regulations, all Sec. 14, lots 1 through 6 inclusive and lots Mine Project by any of the following interested parties are hereby invited to 11 through 14 inclusive; methods: Sec. 15, lots 1 through 16 inclusive; participate with Cordero Mining LLC, • Email: BLM_NV_ELDOHollister on a pro rata cost-sharing basis, in its T. 47 N., R. 71 W., Sec. 7, lots 6 through 11 inclusive and lots [email protected] program for the exploration of coal • Fax: 775–753–0255 deposits owned by the United States in 14 through 19 inclusive; Sec. 17, lots 1 through 15 inclusive and • Mail: Bureau of Land Management, Campbell County, Wyoming. SW1⁄4NW1⁄4; Hollister Underground Mine Project, DATES: This notice of invitation has Sec. 18, lots 5, 6, 11, 12; Attention: Janice Stadelman, Project been published in the Gillette News- Sec. 20, lot 1; Manager, 3900 Idaho Street, Elko NV Record once each week for 2 Sec. 21, lot 4; 89801 T. 47 N., R. 72 W., consecutive weeks beginning the week Copies of the Hollister Underground of May 14, 2012, and in the Federal Sec. 1, lots 9 through 13 inclusive and NW1⁄4SE1⁄4; and Mine Project Draft EIS are available in Register. Any party electing to the BLM Elko District Office at the participate in this exploration program Sec. 12, lots 1 through 16 inclusive. above address and online at: http:// must send written notice to both the Containing 3,747.91 acres, more or less, in www.blm.gov/nv/st/en/fo/elko_field_ BLM and Cordero Mining LLC, as Campbell County. office.html. provided in the ADDRESSES section The proposed exploration program is below, no later than 30 days after fully described in, and will be FOR FURTHER INFORMATION CONTACT: publication of this invitation in the conducted pursuant to, an exploration Janice Stadelman, Project Manager; Federal Register. plan to be approved by the BLM. telephone 775–753–0346; address 3900 ADDRESSES: Copies of the exploration Authority: 43 CFR 3410.2–1(c)(1). Idaho Street, Elko, NV 89801; email: plan are available for review during BLM_NV_ELDOHollisterEISTeam@ normal business hours in the following Donald A. Simpson, blm.gov. Persons who use a offices (case file number WYW180763): State Director. telecommunications device for the deaf BLM, Wyoming State Office, 5353 [FR Doc. 2012–13337 Filed 5–31–12; 8:45 am] (TDD) may call the Federal Information Yellowstone Road, P.O. Box 1828, BILLING CODE 4310–22–P Relay Service (FIRS) at 1–800–877–8339 Cheyenne, Wyoming 82003; and, BLM, to contact the above individual during High Plains District Office, 2987 normal business hours. The FIRS is Prospector Drive, Casper, Wyoming DEPARTMENT OF THE INTERIOR available 24 hours a day, seven days a 82604. The written notice should be week, to leave a message or question sent to the following addresses: Cordero Bureau of Land Management with the above individual. You will Mining LLC, c/o Cloud Peak Energy, [LLNVE0000 L51100000.GN0000 receive a reply during normal business Attn: Mark Arambel, Caller Box 3009, LVEMF1000570; 12–08807; MO# hours. Gillette, Wyoming 82717, and BLM, 4500033252; TAS: 14X5017] SUPPLEMENTARY INFORMATION: Rodeo Wyoming State Office, Branch of Solid Creek Gold, Inc. proposed an Minerals, Attn: Mavis Love, P.O. Box Notice of Availability of the Draft amendment to its plan of operations for 1828, Cheyenne, Wyoming 82003. Environmental Impact Statement for the Hollister Underground Mine Project. FOR FURTHER INFORMATION CONTACT: the Hollister Underground Mine The proposed amendment would Mavis Love, Land Law Examiner, at Project, Elko County, NV transition its existing underground 307–775–6258. Persons who use a AGENCY: Bureau of Land Management, exploration operations into an telecommunications device for the deaf Interior. underground gold and silver mining (TDD) may call the Federal Information ACTION: Notice of availability. operation. Most of the necessary Relay Service (FIRS) at 1–800–877–8339 infrastructure to support a mining to contact the above individual during SUMMARY: In accordance with the operation was authorized and built in normal business hours. The FIRS is National Environmental Policy Act of conjunction with the underground available 24 hours a day, 7 days a week, 1969, as amended (NEPA) and the exploration activities. The proposed to leave a message or question with the Federal Land Policy and Management project would be located 47 miles above individual. You will receive a Act of 1976, as amended (FLPMA), the northwest of Elko in Elko County, reply during normal business hours. Bureau of Land Management (BLM) has Nevada. The proposed project is SUPPLEMENTARY INFORMATION: Cordero prepared a Draft Environmental Impact estimated to provide approximately 200 Mining LLC, has applied to the BLM for Statement (EIS) for the Hollister jobs and to operate for 20 years.

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The current exploration project the proposed project. The Draft EIS DATES: The meeting will be held on July created approximately 105 acres of addresses the direct, indirect, and 18, 2012, from 9 a.m.–4 p.m. surface disturbance, of which 95 acres cumulative environmental impacts of ADDRESSES: occur on public land and 10 acres occur the proposed action, which is approval The meeting will be at the on private land. About 75 percent of the of the project as proposed by Rodeo Bureau of Land Management Ft. Stanton existing facilities are located on Creek Gold, and alternatives. Snowy River Cave National previously disturbed ground within an Four alternatives, in addition to the Conservation Area ‘‘Bunkhouse’’, existing open-pit mine. The proposed proposed action, are analyzed in the located at 1534 NM State Road 220, 1.75 transition from an exploration project to Draft EIS. These alternatives include the miles from the junction of US Highway a mining operation would disturb No Action Alternative, Mud Springs 380 and NM State Road 220. The public approximately 117 acres; an additional Road Transmission Line Alternative, may send written comments to the RAC, 106 acres of public land and an Mud Springs Waste Rock Storage 2909 W. 2nd Street, 88201. additional 11 acres of private land. If Facility Alternative, and the Backfill FOR FURTHER INFORMATION CONTACT: approved, the project total would be Alternative. The project would continue Betty Hicks, Pecos District, Bureau of approximately 222 acres of surface as it is currently permitted under the No Land Management, 2909 W. 2nd Street, disturbance. Action Alternative. The Mud Springs The proposed project consists of Road Transmission Line Alternative Roswell, NM 88201, 575–627–0242. constructing a new production shaft, describes an alternative north and south Persons who use a telecommunications improving existing roads, building an route for the proposed electric device for the deaf (TDD) may call the electrical power transmission line to the transmission line. The Mud Springs Federal Information Relay Service mine site, upgrading ancillary facilities, Waste Rock Storage Facility Alternative (FIRS) at 1–800–877–8229 to contact the and continuing both surface and describes an alternate location for a new above individual during normal underground exploration. The proposed waste rock storage facility. The Backfill business hours. The FIRS is available 24 project would augment the existing Alternative describes an alternative hours a day, 7 days a week, to leave a mine water management facilities that means of closure for the proposed message or question with the above currently include water treatment shafts, which is to completely backfill individual. You will receive a reply facilities and rapid infiltration basins by the shaft with rock and dirt material. during normal business hours. adding underground dewatering wells Before including your address, phone SUPPLEMENTARY INFORMATION: The 10- and obtaining a National Pollutant number, email address, or other Discharge Elimination System permit to personal identifying information in your member RAC advises the Secretary of authorize discharge of groundwater to comment, you should be aware that Interior, through the Bureau of Land Little Antelope Creek. The Hollister your entire comment—including your Management, on a variety of planning Project would haul the mined ore using personal identifying information—may and management issues associated with highway-legal trucks to existing off-site be made publicly available at any time. public land management in New milling facilities via existing roads that While you can ask us in your comment Mexico. Planned agenda items include: would be improved as needed; no on- to withhold your personal identifying A briefing on Ft. Stanton Snowy River site processing facilities are proposed. information from public review, we Cave National Conservation Area; cave The Notice of Intent to prepare an EIS cannot guarantee that we will be able to management on BLM managed lands; was published in the Federal Register do so. White Nose syndrome; cave/carst on April 19, 2010. Scoping meetings management in oil and gas development and mailings were conducted to solicit Authority: 40 CFR 1506.6, 40 CFR areas; partnerships and vegetation public input to identify issues to be 1506.10. management, a tour for RAC members of analyzed. The BLM contacted tribal Michael Herder, governments with interest in this project the Fort Stanton/Lincoln NM area and a District Manager, Elko District Office. demonstration of resistivity to locate to learn their issues and concerns and [FR Doc. 2012–13229 Filed 5–31–12; 8:45 am] to conduct government-to-government subterranean features. consultation. Cooperating agencies BILLING CODE 4310–HC–P A half-hour public comment period include the Nevada Division of Wildlife during which the public may address and the Elko County Board of DEPARTMENT OF THE INTERIOR the Council is scheduled to begin at Commissioners. 11:30 a.m. All RAC meetings are open During the public scoping period, the Bureau of Land Management to the public. Depending on the number BLM received a total of 46 written [LLNMP0000 L13110000.XH0000] of individuals wishing to comment and comment submittals containing time available, the time for individual approximately 288 individual items. Notice of Public Meeting, Pecos oral comments may be limited. Key issues identified by individuals, District Resource Advisory Council groups, and governmental entities Douglas J. Burger, Meeting, New Mexico include: Potential impacts to cultural District Manager. resources and the traditional cultural AGENCY: Bureau of Land Management, [FR Doc. 2012–13393 Filed 5–31–12; 8:45 am] properties; access; noise; discharge to Interior. BILLING CODE 4310–VA–P surface water, hydrology, and seeps and ACTION: Notice of Public Meeting. springs resulting from the groundwater drawdown; special status species, SUMMARY: In accordance with the including snails and sage-grouse; Federal Land Policy and Management potentially acid-generating waste-rock Act and the Federal Advisory material; air quality; and support for the Committee Act of 1972, the U.S. project. The scoping comments were Department of the Interior, Bureau of used to guide the development of the Land Management (BLM), Pecos District alternatives and analysis, and address Resource Advisory Council (RAC), will issues and concerns raised in regards to meet as indicated below.

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DEPARTMENT OF THE INTERIOR the occupation that helped ignite the many visitors who are unable to visit movement for American Indian self- Alcatraz. National Park Service determination. Over 1.4 million people • There is very limited opportunity to [NPS–PWR–PWRO–0411–10061; 8140– visit Alcatraz Island annually from the provide cross-bay ferry service to other P122–579] existing ferry embarkation site at Pier GGNRA areas. 311⁄2 in San Francisco, managed by The objectives for this project include Notice of Intent To Prepare Golden Gate National Recreation Area creating a ferry embarkation site that: • Environmental Impact Statement for (GGNRA). The Alcatraz Ferry Establishes a long-term (50 years or Alcatraz Ferry Embarkation Site, Embarkation EIS will build upon several more) primary location for visitor access Golden Gate National Recreation Area, to Alcatraz Island. studies completed by NPS, the Port, the • San Francisco and Marin Counties, CA City, the State of California, and the Is economically feasible and California Water Emergency sustainable, and generates revenue for AGENCY: National Park Service, Interior. Transportation Authority (WETA; investment on Alcatraz and other park ACTION: Notice of Intent to Prepare an formerly the Water Transit Authority). facilities and visitor programs. • Accommodates critical visitor and Environmental Impact Statement for A 2011 draft feasibility study operational programs and facilities, and Alcatraz Ferry Embarkation Site. identified potential sites for provides for efficient land and vessel consideration located among GGNRA, SUMMARY: In accordance with operations. § 102(2)(C) of the National Fisherman’s Wharf, and the northern • Provides an identifiable area for Environmental Policy Act (NEPA) of Embarcadero. The sites studied 1 1 1 quality welcome, orientation, and 1969, and pursuant to the Council on included Port piers 19 ⁄2, 29 ⁄2, 31 ⁄2, 41, interpretation of the natural, cultural, Environmental Quality’s regulations and 45, and GGNRA piers 1, 2, 3, and scenic and recreational resources of (40 CFR parts 1500–08), the National 4 at Fort Mason. If suggested during Alcatraz, the larger GGNRA, and the Park Service (NPS) is initiating the scoping, other sites that meet the project national park system. conservation planning and purpose and need could also be • Provides facilities for cross-bay environmental impact analysis process considered. The draft feasibility study ferry service to accommodate existing for the proposed establishment of a and subsequent investigations also and future visitor demand for travel to long-term ferry embarkation site for analyzed the surrounding area, Alcatraz Island, Muir Woods, and the passenger ferry service between the identified the programs and facilities Marin Headlands. northern San Francisco waterfront and needed to operate the sites, existing Public Scoping Comments and Alcatraz Island. In addition to conditions at the sites, and criteria to Further Information: This notice serves considering the Alcatraz Ferry evaluate the sites. to formally open the agency and public Embarkation site, the Environmental SUPPLEMENTARY INFORMATION: The NPS scoping comment phase for this EIS. Impact Statement (EIS) will also seeks to secure a site on the northern Key impact topics which are expected to evaluate potential for a secondary ferry San Francisco waterfront that provides be addressed in the EIS include transit service offering a cross-bay for a long-term (50 years or more) transportation, visitor experience, connection from the San Francisco orientation and ferry embarkation aesthetics, economics, cultural embarkation site to Sausalito and/or facility for visitors to Alcatraz Island. resources, natural resources, and air Fort Baker. NPS is the lead federal NPS desires an identifiable, adequate, quality—however, agencies, members of agency for the environmental review and quality visitor welcome and support the public, and interested organizations under NEPA, and is developing the area that begins to connect visitors to are encouraged to provide any project in coordination with the Port of Alcatraz history, GGNRA, and the comments on the spectrum of issues and San Francisco (Port) and City and national park system. The NPS also concerns that should be addressed. County of San Francisco (City) planning seeks to establish ferry connections Respondents will also assist with and transportation agencies. between the embarkation site and defining a suitable range of alternatives; As set forth in 36 CFR 800.8(c), the existing piers at Sausalito and/or at Fort advise on the nature and extent of NPS is also using the NEPA process to Baker, which is managed by GGNRA. potential environmental impacts, fulfill certain provisions of § 106 of the The need for the project is driven by including natural, cultural, National Historic Preservation Act the following factors: socioeconomic and other topics; and related to consultation and public • Alcatraz ferry service is currently suggest possible mitigation strategies involvement. In addition, the NPS has subject to location changes every 10 that would reduce potential impacts requested that the Port and the City be years which has led to visitor confusion, from project development. cooperating agencies for the EIS. In the community concerns, and inconsistency Several public scoping meetings will event that a site on Port property is in visitor support services. be scheduled in San Francisco and identified as the preferred alternative, • Ability to make improvements at Marin Counties. Meeting dates, times, environmental review of the project the existing site is constrained by lease and locations will be publicized through pursuant to the California provisions between the Port and the local and regional news media, by email Environmental Quality Act (CEQA) concessioner, with substantial amounts to the park mailing list (to be included would be required, and would be of revenue spent on rent, reducing the on the EIS email list, please visit: initiated at a later date. amount available to invest on Alcatraz www.nps.gov/goga and click the ‘‘Join DATES: All scoping comments must be and other GGNRA sites. the Mailing List’’ link), and via the postmarked or transmitted not later than • The condition of existing facilities project Web site http://parkplanning. July 31, 2012. constrains and negatively affects NPS nps.gov/ALCAembarkation. This Web Background: Alcatraz Island, the site and the concessioners’ abilities to create site will also provide relevant of pre-Civil War fortifications, was the a recognizable identity and quality information, including the project nation’s first military prison. It later visitor experience. description, planning process updates, became the most notorious maximum • The current facility has insufficient meeting notices, reports and documents, security penitentiary in the United space to appropriately orient visitors to and useful links associated with the States, and subsequently was the site of Alcatraz or provide information to the project. You may also contact the

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GGNRA Planning Division at DATES: The public meeting of the review pursuant to section 751(c)(3) of [email protected] or (415) 561– Kalaupapa Federal Advisory the Tariff Act of 1930 (19 U.S.C. 4700 for further information. Commission will be held on Thursday, 1675(c)(3)) (the Act) to determine ADDRESSES: Written comments should June 14, 2012, at 9:00 a.m. (Hawaii whether revocation of the antidumping be mailed to the following address: Standard Time). duty order on pure magnesium Superintendent, Golden Gate National Location: The meeting will be held at (granular) from China would be likely to Recreation Area, Attn: Alcatraz Ferry Paschoal Hall, Kalaupapa National lead to continuation or recurrence of Embarkation EIS, Fort Mason, Bldg. 201, Historical Park, Kalaupapa, Hawaii material injury within a reasonably San Francisco, CA 94123. Before 96742. foreseeable time. For further including your address, phone number, Agenda information concerning the conduct of email address, or other personal this review and rules of general identifying information in your The June 14, 2012, Commission application, consult the Commission’s comment, you should be aware that meeting will consist of the following: Rules of Practice and Procedure, part your entire comment—including your 1. Approval of Agenda 201, subparts A through E (19 CFR part personal identifying information—may 2. Approval of January 23, 2012 Minutes 201), and part 207, subparts A, D, E, and be made publicly available at any time. 3. Superintendents’ Report F (19 CFR part 207). 4. Phase II—Vegetation Clearing Project While you can ask us in your comment 5. GMP Update DATES: Effective Date: May 7, 2012. to withhold your personal identifying 6. Memorial Update information from public review, we FOR FURTHER INFORMATION CONTACT: 7. Public Comments Mary Messer (202–205–3193), Office of cannot guarantee that we will be able to FOR FURTHER INFORMATION CONTACT: do so. Investigations, U.S. International Trade Further information concerning this Commission, 500 E Street SW., Decision Process: At this time, it is meeting may be obtained from the Washington, DC 20436. Hearing- anticipated that the Draft EIS will be Superintendent, Kalaupapa National impaired persons can obtain available for public review in mid-2013. Historical Park, P.O. Box 2222, information on this matter by contacting Availability of the document for review Kalaupapa, Hawaii 96742, telephone the Commission’s TDD terminal on 202– will be announced by the publication of (808) 567–6802 x 1100. 205–1810. Persons with mobility a Notice of Availability in the Federal SUPPLEMENTARY INFORMATION: The impairments who will need special Register, through local and regional meeting is open to the public. Interested assistance in gaining access to the news media, via the project Web site, persons may make oral/written Commission should contact the Office and by email to project email recipients. presentations to the Commission or file of the Secretary at 202–205–2000. Additional public meetings will be held written statements. Such requests General information concerning the after the Draft EIS is distributed to should be made to the Superintendent Commission may also be obtained by provide further opportunities to at least seven days prior to the meeting. accessing its internet server (http:// comment on the proposed project. Before including your address, phone www.usitc.gov). The public record for Following due consideration of all number, email address, or other this review may be viewed on the comments received on the Draft EIS, personal identifying information in your Commission’s electronic docket (EDIS) preparation of the Final EIS is comment, you should be aware that at http://edis.usitc.gov. anticipated to be completed in 2014. As your entire comment—including your a delegated EIS, the official responsible personal identifying information—may SUPPLEMENTARY INFORMATION: for the final decision regarding the be made publicly available at any time. Background.—On May 7, 2012, the proposed ferry embarkation site is the While you can ask us in your comment Commission determined that the NPS Regional Director, Pacific West to withhold your personal identifying domestic interested party group Region. Subsequently, the official information from public review, we response to its notice of institution (77 responsible for implementation will be cannot guarantee that we will be able to FR 5049, February 1, 2012) of the the GGNRA Superintendent. do so. subject five-year review was adequate and that the respondent interested party Dated: April 6, 2012. Dated: May 3, 2012. group response was inadequate. The Patricia L. Neubacher, Stephen Prokop, Commission did not find any other Acting Regional Director, Pacific West Region. Superintendent, Kalaupapa National circumstances that would warrant [FR Doc. 2012–13398 Filed 5–31–12; 8:45 am] Historical Park. conducting a full review.1 Accordingly, BILLING CODE 4312–FN–P [FR Doc. 2012–13240 Filed 5–31–12; 8:45 am] the Commission determined that it BILLING CODE 4132–GJ–P would conduct an expedited review pursuant to section 751(c)(3) of the Act.2 DEPARTMENT OF THE INTERIOR Staff report.—A staff report INTERNATIONAL TRADE National Park Service containing information concerning the COMMISSION subject matter of the review will be [NPS–PWRO–KALA–0509–10302; 8896– [Investigation No. 731–TA–895 (Second placed in the nonpublic record on SZM] Review)] August 10, 2012, and made available to persons on the Administrative Notice of June 14, 2012, Meeting for Pure Magnesium (Granular) From Kalaupapa Federal Advisory Protective Order service list for this China; Scheduling of an Expedited review. A public version will be issued Commission Five-Year Review AGENCY: National Park Service, Interior. AGENCY: United States International 1 A record of the Commissioners’ votes, the ACTION: Meeting notice. Trade Commission. Commission’s statement on adequacy, and any individual Commissioner’s statements will be ACTION: Notice. available from the Office of the Secretary and at the SUMMARY: This notice sets the date of Commission’s Web site. June 14, 2012, meeting of the Kalaupapa SUMMARY: The Commission hereby gives 2 Commissioner Dean A. Pinkert did not Federal Advisory Commission. notice of the scheduling of an expedited participate in this review.

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thereafter, pursuant to section Issued: May 25, 2012. of the Secretary at 202–205–2000. 207.62(d)(4) of the Commission’s rules. James R. Holbein, General information concerning the Written submissions.—As provided in Secretary to the Commission. Commission may also be obtained by section 207.62(d) of the Commission’s [FR Doc. 2012–13250 Filed 5–31–12; 8:45 am] accessing its Internet server (http:// www.usitc.gov). The public record for rules, interested parties that are parties BILLING CODE 7020–02–P this review may be viewed on the to the review and that have provided Commission’s electronic docket (EDIS) individually adequate responses to the INTERNATIONAL TRADE at http://edis.usitc.gov. notice of institution,3 and any party COMMISSION other than an interested party to the SUPPLEMENTARY INFORMATION: review may file written comments with [Investigation No. 731–TA–894 (Second Background. On September 12, 2001, the Department of Commerce issued an the Secretary on what determination the Review)] antidumping duty order on imports of Commission should reach in the review. Ammonium Nitrate from Ukraine ammonium nitrate from Ukraine (66 FR Comments are due on or before August Institution of a Five-Year Review 47451). Following the five-year reviews 15, 2012 and may not contain new by Commerce and the Commission, factual information. Any person that is AGENCY: United States International effective July 9, 2007, Commerce issued neither a party to the five-year review Trade Commission. a continuation of the antidumping duty nor an interested party may submit a ACTION: Notice. order on imports of ammonium nitrate brief written statement (which shall not from Ukraine (72 FR 37195). The contain any new factual information) SUMMARY: The Commission hereby gives Commission is now conducting a pertinent to the review by August 15, notice that it has instituted a review second review to determine whether 2012. However, should the Department pursuant to section 751(c) of the Tariff revocation of the order would be likely of Commerce extend the time limit for Act of 1930 (19 U.S.C. 1675(c)) (the Act) to lead to continuation or recurrence of its completion of the final results of its to determine whether revocation of the material injury to the domestic industry review, the deadline for comments antidumping duty order on ammonium within a reasonably foreseeable time. It (which may not contain new factual nitrate from Ukraine would be likely to will assess the adequacy of interested information) on Commerce’s final lead to continuation or recurrence of party responses to this notice of material injury. Pursuant to section results is three business days after the institution to determine whether to 751(c)(2) of the Act, interested parties issuance of Commerce’s results. If conduct a full review or an expedited are requested to respond to this notice comments contain business proprietary review. The Commission’s by submitting the information specified determination in any expedited review information (BPI), they must conform 1 below to the Commission; to be will be based on the facts available, with the requirements of sections 201.6, assured of consideration, the deadline 207.3, and 207.7 of the Commission’s which may include information for responses is July 2, 2012. Comments provided in response to this notice. rules. Please be aware that the on the adequacy of responses may be Commission’s rules with respect to Definitions. The following definitions filed with the Commission by August apply to this review: electronic filing have been amended. 14, 2012. For further information (1) Subject Merchandise is the class or The amendments took effect on concerning the conduct of this review kind of merchandise that is within the November 7, 2011. See 76 FR 61937 and rules of general application, consult scope of the five-year review, as defined (October 6, 2011) and the newly revised the Commission’s Rules of Practice and by the Department of Commerce. Commission’s Handbook on E–Filing, Procedure, part 201, subparts A through (2) The Subject Country in this review available on the Commission’s web site E (19 CFR part 201), and part 207, is Ukraine. at http://edis.usitc.gov. subparts A, D, E, and F (19 CFR part (3) The Domestic Like Product is the In accordance with sections 201.16(c) 207), as most recently amended at 74 FR domestically produced product or and 207.3 of the rules, each document 2847 (January 16, 2009). products which are like, or in the filed by a party to the review must be DATES: Effective Date: June 1, 2012. absence of like, most similar in served on all other parties to the review FOR FURTHER INFORMATION CONTACT: characteristics and uses with, the (as identified by either the public or BPI Mary Messer (202–205–3193), Office of Subject Merchandise. In its original service list), and a certificate of service Investigations, U.S. International Trade determination, the Commission defined must be timely filed. The Secretary will Commission, 500 E Street SW., the Domestic Like Product coextensively not accept a document for filing without Washington, DC 20436. Hearing- with the scope of subject merchandise a certificate of service. impaired persons can obtain as fertilizer grade ammonium nitrate information on this matter by contacting products with a bulk density equal to or Determination.—The Commission has the Commission’s TDD terminal on 202– greater than 53 pounds per cubic foot. determined to exercise its authority to 205–1810. Persons with mobility In its first full five-year review extend the review period by up to 90 impairments who will need special determination, the Commission defined days pursuant to 19 U.S.C. assistance in gaining access to the the Domestic Like Product as consisting 1675(c)(5)(B). Commission should contact the Office of all ammonium nitrate, corresponding Authority: This review is being conducted to Commerce’s scope. under authority of title VII of the Tariff Act 1 No response to this request for information is (4) The Domestic Industry is the U.S. of 1930; this notice is published pursuant to required if a currently valid Office of Management producers as a whole of the Domestic and Budget (OMB) number is not displayed; the section 207.62 of the Commission’s rules. OMB number is 3117–0016/USITC No. 12–5–270, Like Product, or those producers whose collective output of the Domestic Like By order of the Commission. expiration date June 30, 2014. Public reporting burden for the request is estimated to average 15 Product constitutes a major proportion hours per response. Please send comments of the total domestic production of the 3 The Commission has found the responses regarding the accuracy of this burden estimate to submitted by US Magnesium LLC to be individually the Office of Investigations, U.S. International Trade product. In its original determination adequate. Comments from other interested parties Commission, 500 E Street SW., Washington, DC and its first full five-year review, the will not be accepted (see 19 CFR 207.62(d)(2)). 20436. Commission defined the Domestic

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Industry as all domestic producers of parties, as defined in 19 U.S.C. 1677(9), information requested by this notice in the subject ammonium nitrate. who are parties to the review. A the requested form and manner shall (5) An Importer is any person or firm separate service list will be maintained notify the Commission at the earliest engaged, either directly or through a by the Secretary for those parties possible time, provide a full explanation parent company or subsidiary, in authorized to receive BPI under the of why it cannot provide the requested importing the Subject Merchandise into APO. information, and indicate alternative the United States from a foreign Certification. Pursuant to section forms in which it can provide manufacturer or through its selling 207.3 of the Commission’s rules, any equivalent information. If an interested agent. person submitting information to the party does not provide this notification Participation in the review and public Commission in connection with this (or the Commission finds the service list. Persons, including review must certify that the information explanation provided in the notification industrial users of the Subject is accurate and complete to the best of inadequate) and fails to provide a Merchandise and, if the merchandise is the submitter’s knowledge. In making complete response to this notice, the sold at the retail level, representative the certification, the submitter will be Commission may take an adverse consumer organizations, wishing to deemed to consent, unless otherwise inference against the party pursuant to participate in the review as parties must specified, for the Commission, its section 776(b) of the Act in making its file an entry of appearance with the employees, and contract personnel to determination in the review. Secretary to the Commission, as use the information provided in any Information To Be Provided in provided in section 201.11(b)(4) of the other reviews or investigations of the Response to This Notice of Institution: Commission’s rules, no later than 21 same or comparable products which the As used below, the term ‘‘firm’’ includes days after publication of this notice in Commission conducts under Title VII of any related firms. the Federal Register. The Secretary will the Act, or in internal audits and (1) The name and address of your firm maintain a public service list containing investigations relating to the programs or entity (including World Wide Web the names and addresses of all persons, and operations of the Commission address) and name, telephone number, or their representatives, who are parties pursuant to 5 U.S.C. Appendix 3. fax number, and Email address of the to the review. Written submissions. Pursuant to certifying official. Former Commission employees who section 207.61 of the Commission’s (2) A statement indicating whether are seeking to appear in Commission rules, each interested party response to your firm/entity is a U.S. producer of five-year reviews are advised that they this notice must provide the information the Domestic Like Product, a U.S. union may appear in a review even if they specified below. The deadline for filing or worker group, a U.S. importer of the participated personally and such responses is July 2, 2012. Pursuant Subject Merchandise, a foreign producer substantially in the corresponding to section 207.62(b) of the Commission’s or exporter of the Subject Merchandise, underlying original investigation. The rules, eligible parties (as specified in Commission’s designated agency ethics Commission rule 207.62(b)(1)) may also a U.S. or foreign trade or business official has advised that a five-year file comments concerning the adequacy association, or another interested party review is not considered the ‘‘same of responses to the notice of institution (including an explanation). If you are a particular matter’’ as the corresponding and whether the Commission should union/worker group or trade/business underlying original investigation for conduct an expedited or full review. association, identify the firms in which purposes of 18 U.S.C. 207, the post The deadline for filing such comments your workers are employed or which are employment statute for Federal is August 14, 2012. All written members of your association. employees, and Commission rule submissions must conform with the (3) A statement indicating whether 201.15(b) (19 CFR 201.15(b)), 73 FR provisions of sections 201.8 and 207.3 your firm/entity is willing to participate 24609 (May 5, 2008). This advice was of the Commission’s rules and any in this review by providing information developed in consultation with the submissions that contain BPI must also requested by the Commission. Office of Government Ethics. conform with the requirements of (4) A statement of the likely effects of Consequently, former employees are not sections 201.6 and 207.7 of the the revocation of the antidumping duty required to seek Commission approval Commission’s rules. Please be aware order on the Domestic Industry in to appear in a review under Commission that the Commission’s rules with general and/or your firm/entity rule 19 CFR 201.15, even if the respect to electronic filing have been specifically. In your response, please corresponding underlying original amended. The amendments took effect discuss the various factors specified in investigation was pending when they on November 7, 2011. See 76 FR 61937 section 752(a) of the Act (19 U.S.C. were Commission employees. For (Oct. 6, 2011) and the newly revised 1675a(a)) including the likely volume of further ethics advice on this matter, Commission’s Handbook on E–Filing, subject imports, likely price effects of contact Carol McCue Verratti, Deputy available on the Commission’s Web site subject imports, and likely impact of Agency Ethics Official, at 202–205– at http://edis.usitc.gov. Also, in imports of Subject Merchandise on the 3088. accordance with sections 201.16(c) and Domestic Industry. Limited disclosure of business 207.3 of the Commission’s rules, each (5) A list of all known and currently proprietary information (BPI) under an document filed by a party to the review operating U.S. producers of the administrative protective order (APO) must be served on all other parties to Domestic Like Product. Identify any and APO service list. Pursuant to the review (as identified by either the known related parties and the nature of section 207.7(a) of the Commission’s public or APO service list as the relationship as defined in section rules, the Secretary will make BPI appropriate), and a certificate of service 771(4)(B) of the Act (19 U.S.C. submitted in this review available to must accompany the document (if you 1677(4)(B)). authorized applicants under the APO are not a party to the review you do not (6) A list of all known and currently issued in the review, provided that the need to serve your response). operating U.S. importers of the Subject application is made no later than 21 Inability to provide requested Merchandise and producers of the days after publication of this notice in information. Pursuant to section Subject Merchandise in the Subject the Federal Register. Authorized 207.61(c) of the Commission’s rules, any Country that currently export or have applicants must represent interested interested party that cannot furnish the exported Subject Merchandise to the

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United States or other countries after calendar year 2011 (report quantity data market for the Subject Merchandise in 2006. in short tons and value data in U.S. the Subject Country after 2006, and (7) A list of 3–5 leading purchasers in dollars). If you are a trade/business significant changes, if any, that are the U.S. market for the Domestic Like association, provide the information, on likely to occur within a reasonably Product and the Subject Merchandise an aggregate basis, for the firms which foreseeable time. Supply conditions to (including street address, World Wide are members of your association. consider include technology; Web address, and the name, telephone (a) The quantity and value (landed, production methods; development number, fax number, and Email address duty-paid but not including efforts; ability to increase production of a responsible official at each firm). antidumping duties) of U.S. imports (including the shift of production (8) A list of known sources of and, if known, an estimate of the facilities used for other products and the information on national or regional percentage of total U.S. imports of use, cost, or availability of major inputs prices for the Domestic Like Product or Subject Merchandise from the Subject into production); and factors related to the Subject Merchandise in the U.S. or Country accounted for by your firm’s(s’) the ability to shift supply among other markets. imports; different national markets (including (9) If you are a U.S. producer of the (b) The quantity and value (f.o.b. U.S. barriers to importation in foreign Domestic Like Product, provide the port, including antidumping duties) of markets or changes in market demand following information on your firm’s U.S. commercial shipments of Subject abroad). Demand conditions to consider operations on that product during Merchandise imported from the Subject include end uses and applications; the calendar year 2011, except as noted Country; and existence and availability of substitute (report quantity data in short tons and (c) The quantity and value (f.o.b. U.S. products; and the level of competition value data in U.S. dollars, f.o.b. plant). port, including antidumping duties) of among the Domestic Like Product If you are a union/worker group or U.S. internal consumption/company produced in the United States, Subject trade/business association, provide the transfers of Subject Merchandise Merchandise produced in the Subject information, on an aggregate basis, for imported from the Subject Country. Country, and such merchandise from (11) If you are a producer, an exporter, the firms in which your workers are other countries. or a trade/business association of employed/which are members of your (13) (Optional) A statement of producers or exporters of the Subject association. whether you agree with the above Merchandise in the Subject Country, (a) Production (quantity) and, if definitions of the Domestic Like Product provide the following information on known, an estimate of the percentage of and Domestic Industry; if you disagree your firm’s(s’) operations on that total U.S. production of the Domestic with either or both of these definitions, product during calendar year 2011 Like Product accounted for by your please explain why and provide (report quantity data in short tons and firm’s(s’) production; alternative definitions. (b) Capacity (quantity) of your firm to value data in U.S. dollars, landed and produce the Domestic Like Product (i.e., duty-paid at the U.S. port but not Authority: This review is being conducted the level of production that your including antidumping duties). If you under authority of Title VII of the Tariff Act establishment(s) could reasonably have are a trade/business association, provide of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. expected to attain during the year, the information, on an aggregate basis, assuming normal operating conditions for the firms which are members of your Issued: May 23, 2012. (using equipment and machinery in association. By order of the Commission. place and ready to operate), normal (a) Production (quantity) and, if James R. Holbein, operating levels (hours per week/weeks known, an estimate of the percentage of Secretary to the Commission. per year), time for downtime, total production of Subject Merchandise [FR Doc. 2012–13076 Filed 5–31–12; 8:45 am] maintenance, repair, and cleanup, and a in the Subject Country accounted for by BILLING CODE 7020–02–P typical or representative product mix); your firm’s(s’) production; (c) The quantity and value of U.S. (b) Capacity (quantity) of your firm to commercial shipments of the Domestic produce the Subject Merchandise in the Like Product produced in your U.S. Subject Country (i.e., the level of DEPARTMENT OF JUSTICE production that your establishment(s) plant(s); [OMB Number 1105–0085] (d) The quantity and value of U.S. could reasonably have expected to internal consumption/company attain during the year, assuming normal Agency Information Collection transfers of the Domestic Like Product operating conditions (using equipment Activities: Collection; Comments produced in your U.S. plant(s); and and machinery in place and ready to Requested; Application for Approval (e) The value of (i) net sales, (ii) cost operate), normal operating levels (hours as a Provider of a Personal Financial of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for Management Instructional Course (iv) selling, general and administrative downtime, maintenance, repair, and (SG&A) expenses, and (v) operating cleanup, and a typical or representative ACTION: 60-Day notice of application income of the Domestic Like Product product mix); and under review. produced in your U.S. plant(s) (include (c) The quantity and value of your both U.S. and export commercial sales, firm’s(s’) exports to the United States of The Department of Justice, Executive internal consumption, and company Subject Merchandise and, if known, an Office for United States Trustees, will be transfers) for your most recently estimate of the percentage of total submitting the following application to completed fiscal year (identify the date exports to the United States of Subject the Office of Management and Budget on which your fiscal year ends). Merchandise from the Subject Country (OMB) for review and clearance in (10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports. accordance with the Paperwork trade/business association of U.S. (12) Identify significant changes, if Reduction Act of 1995. The application importers of the Subject Merchandise any, in the supply and demand is published to obtain comments from from the Subject Country, provide the conditions or business cycle for the the public and affected agencies. following information on your firm’s(s’) Domestic Like Product that have Comments are encouraged and will be operations on that product during occurred in the United States or in the accepted for 60 days until July 31, 2012.

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All comments and suggestions, or concerning the collection of information 3. Enhance the quality, utility, and questions regarding additional are encouraged. Comments should clarity of the information to be information, to include obtaining a copy address one or more of the following collected; and of the application with instructions, four points: 4. Minimize the burden of the should be directed to Wendy Tien, 1. Evaluate whether the application is collection of information on those who Deputy Assistant Director, at the necessary for the proper performance of are to respond, including through the Executive Office for United States the functions of the agency, including use of appropriate automated, Trustees, Department of Justice, 20 whether the information will have electronic, mechanical, or other practical utility; Massachusetts Avenue NW., Suite 8000, technological collection techniques or 2. Evaluate the accuracy of the other forms of information technology, Washington, DC 20530, or by facsimile agency’s estimate of the burden of the e.g., permitting electronic submission of at (202) 305–8536. collection of information, including the responses. Written comments and suggestions validity of the methodology and from the public and affected agencies assumptions used; Overview of the Information

Type of information collection ...... Application form. The title of the form/collection ...... Application for Approval as a Provider of a Personal Financial Manage- ment Instructional Course. The agency form number, if any, and the applicable component of the No form number. department sponsoring the collection. Executive Office for United States Trustees, Department of Justice. Affected public who will be asked or required to respond, as well as a Primary: Individuals who wish to offer instructional courses to student brief abstract. debtors concerning personal financial management. Other: None. Congress passed a bankruptcy law that requires individuals who file for bankruptcy to complete an approved personal financial management instructional course as a condition of receiving a discharge. An estimate of the total number of respondents and the amount of time It is estimated that 300 respondents will complete the application in ap- estimated for an average respondent to respond/reply. proximately ten (10) hours. An estimate of the total public burden (in hours) associated with the The estimated total annual public burden associated with this applica- collection. tion is 3,000 hours.

If additional information is required, Trust), 2012–11; D–11677, section 102 of Reorganization Plan No. contact: Jerri Murray, Department Weyerhaeuser Company (Weyerhaeuser) 4 of 1978, 5 U.S.C. App. 1 (1996), Clearance Officer, United States and Federalway Asset Management LP transferred the authority of the Secretary Department of Justice, Justice (collectively, the Applicants), 2012–12; of the Treasury to issue exemptions of Management Division, Policy and and D–11679, Sammons Enterprises, the type proposed to the Secretary of Planning Staff, Two Constitution Inc. Employee Stock Ownership ESOP Labor. Square, 145 N Street NE., Room 2E–508, (the ESOP), 2012–13. Statutory Findings Washington, DC 20530. SUPPLEMENTARY INFORMATION: A notice Lynn Murray, was published in the Federal Register of In accordance with section 408(a) of Department Clearance Officer, PRA, United the pendency before the Department of the Act and/or section 4975(c)(2) of the States Department of Justice. a proposal to grant such exemption. The Code and the procedures set forth in 29 [FR Doc. 2012–13289 Filed 5–31–12; 8:45 am] notice set forth a summary of facts and CFR Part 2570, Subpart B (76 FR 66637, BILLING CODE 4410–40–P representations contained in the 66644, October 27, 2011) 1 and based application for exemption and referred upon the entire record, the Department interested persons to the application for makes the following findings: DEPARTMENT OF LABOR a complete statement of the facts and representations. The application has (a) The exemption is administratively Employee Benefits Security been available for public inspection at feasible; Administration the Department in Washington, DC. The (b) The exemption is in the interests notice also invited interested persons to of the plan and its participants and Exemptions From Certain Prohibited submit comments on the requested beneficiaries; and Transaction Restrictions exemption to the Department. In (c) The exemption is protective of the addition the notice stated that any AGENCY: Employee Benefits Security rights of the participants and interested person might submit a Administration, Labor. beneficiaries of the plan. written request that a public hearing be ACTION: Grant of Individual Exemptions. held (where appropriate). The applicant SUMMARY: This document contains has represented that it has complied exemptions issued by the Department of with the requirements of the notification Labor (the Department) from certain of to interested persons. No requests for a the prohibited transaction restrictions of hearing were received by the the Employee Retirement Income Department. Public comments were Security Act of 1974 (ERISA or the Act) received by the Department as described and/or the Internal Revenue Code of in the granted exemption. 1 The Department has considered exemption 1986 (the Code). This notice includes The notice of proposed exemption applications received prior to December 27, 2011 the following: D–11579, Delaware was issued and the exemption is being under the exemption procedures set forth in 29 CFR Charter Guarantee & Trust Co. d\b\a granted solely by the Department Part 2570, Subpart B (55 FR 32836, 32847, August Principal Trust Company (Principal because, effective December 31, 1978, 10, 1990).

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Delaware Charter Guarantee & Trust Plan, the receipt of fees by Principal (B) Is returned to such Client Plan, no Co. d\b\a Principal Trust Company from: later than during the immediately (Principal Trust); Principal Life (1) An Affiliated Fund for the following fee period; or Insurance Company (Principal Life) provision of investment advisory (C) Is offset against the Plan-Level and Any Affiliates, Thereof services, or similar services by Principal Management Fee for the immediately (collectively, Principal or the to any such Affiliated Fund; and following fee period or for the fee period Applicants) Located in Wilmington, (2) An Affiliated Fund for the immediately following thereafter. Delaware and in Des Moines, Iowa provision of Secondary Services by For purposes of Section II(a)(1)(ii), a Principal to any such Affiliated Fund; Plan-Level Management Fee shall be [Prohibited Transaction 2012–11; Exemption deemed to be prepaid for any fee period, Application No. D–11579] provided that the conditions, as set forth, below, in Section II and Section if the amount of such Plan-Level Exemption III, are satisfied, as of the effective date Management Fee is calculated as of a date not later than the first day of such Section I—Transactions of this exemption and thereafter. period. The restrictions of sections Section II—Specific Conditions (2) Each Client Plan invested in a 406(a)(1)(D) and 406(b) of the Act and The relief provided in this exemption Collective Fund the assets of which are the taxes resulting from the application is conditioned upon adherence to the not invested in shares of an Affiliated of section 4975 of the Code, by reason material facts and representations Fund: of section 4975(c)(1)(D) through (F) of described, herein, and as set forth in the (i) Does not pay to Principal for the 2 the Internal Revenue Code (the Code), application file and upon compliance entire period of such investment any shall not apply, as of the effective date with the conditions, as set forth in this Plan-Level Management Fee with of this exemption, to: exemption. respect to any assets of such Client Plan (a) The receipt of a fee by Principal, (a)(1) Each Client Plan which is invested in such Collective Fund. as Principal is defined, below, in invested directly in shares of an The requirements of this Section Section IV(a), from an open-end Affiliated Fund either: II(a)(2)(i) do not preclude the payment of a Collective Fund-Level Management investment company or open-end (i) Does not pay to Principal for the Fee by such Collective Fund to investment companies (Affiliated entire period of such investment any Principal, based on the assets of such Fund(s)), as defined, below, in Section investment management fee, or any Client Plan invested in such Collective IV(e), in connection with the direct investment advisory fee, or any similar Fund; or investment in shares of any such fee at the plan-level (the Plan-Level Affiliated Fund, by an employee benefit (ii) Does not pay directly to Principal Management Fee), as defined, below, in or indirectly to Principal through the plan or by employee benefit plans Section IV(m), with respect to any of the (Client Plan(s)), as defined, below, in Collective Fund for the entire period of assets of such Client Plan which are such investment any Collective Fund- Section IV(b), where Principal serves as invested directly in shares of such a fiduciary with respect to such Client Level Management Fee with respect to Affiliated Fund; or any assets of such Client Plan invested Plan, and where Principal: (ii) Pays to Principal a Plan-Level (1) Provides investment advisory in such Collective Fund. Management Fee, based on total assets The requirements of this Section services, or similar services to any such of such Client Plan under management Affiliated Fund; and II(a)(2)(ii) do not preclude the payment by Principal at the plan-level, from of a Plan-Level Management Fee by (2) Provides to any such Affiliated which a credit has been subtracted from Fund other services (Secondary such Client Plan to Principal, based on such Plan-Level Management Fee, total assets of such Client Plan under Service(s)), as defined, below, in Section where the amount subtracted represents IV(i); and management by Principal at the plan- such Client Plan’s pro rata share of any level; or (b) In connection with the indirect investment advisory fee and any similar investment by a Client Plan in shares of (iii) Such Client Plan pays to fee (the Affiliated Fund-Level Advisory Principal a Plan-Level Management Fee, an Affiliated Fund through investment Fee), as defined, below, in Section IV(o), in a pooled investment vehicle or based on total assets of such Client Plan paid by such Affiliated Fund to under management by Principal at the pooled investment vehicles (Collective Principal. Fund(s)),3 as defined, below, in Section plan-level, from which a credit has been If, during any fee period, in the case subtracted from such Plan-Level IV(j), where Principal serves as a of a Client Plan invested directly in fiduciary with respect to such Client Management Fee (the ‘‘Net’’ Plan-Level shares of an Affiliated Fund, such Client Management Fee), where the amount Plan has prepaid its Plan-Level subtracted represents such Client Plan’s 2 For purposes of this exemption reference to Management Fee, and such Client Plan specific provisions of Title I of the Act, unless pro rata share of any Collective Fund- otherwise specified, refer also to the corresponding purchases shares of an Affiliated Fund Level Management Fee paid by such provisions of the Code. directly, the requirement of this Section Collective Fund to Principal. 3 The Department, herein, is expressing no II(a)(1)(ii) shall be deemed met with The requirements of this Section opinion in this exemption regarding the reliance of respect to such prepaid Plan-Level II(a)(2)(iii) do not preclude the payment the Applicants on the relief provided by section Management Fee, if, by a method 408(b)(8) of the Act with regard to the purchase and of a Collective Fund-Level Management with regard to the sale by a Client Plan of an interest reasonably designed to accomplish the Fee by such Collective Fund to in a Collective Fund and the receipt by Principal, same, the amount of the prepaid Plan- Principal, based on the assets of such thereby, of any investment management fee, any Level Management Fee that constitutes Client Plan invested in such Collective investment advisory fee, and any similar fee (a the fee with respect to the assets of such Collective Fund-Level Management Fee), as Fund. defined, below, in Section IV(n), where Principal Client Plan invested directly in shares of (3) Each Client Plan invested in a serves as an investment manager or investment an Affiliated Fund: Collective Fund the assets of which are adviser with respect to such Collective Fund and (A) Is anticipated and subtracted from invested in shares of an Affiliated Fund: also serves as a fiduciary with respect to such Client (i) Does not pay to Principal for the Plan, nor is the Department offering any view as to the prepaid Plan-Level Management Fee whether the Applicants satisfy the conditions, as set at the time of the payment of such fee; entire period of such investment any forth in section 408(b)(8) of the Act. or Plan-Level Management Fee (including

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any ‘‘Net’’ Plan-Level Management Fee, Act). Further, the requirements of no other similar fees are paid by a as described, above, in Section Section II(a)(1)(i)–(ii), and Section Collective Fund in connection with any II(a)(2)(iii)), and does not pay directly to II(a)(3)(i)–(iv) do not preclude the purchase and in connection with any Principal or indirectly to Principal payment of a fee by an Affiliated Fund sale of shares in an Affiliated Fund by through the Collective Fund for the to Principal for the provision by a Client Plan indirectly through such entire period of such investment any Principal of Secondary Services to such Collective Fund. However, this Section Collective Fund-Level Management Fee Affiliated Fund under the terms of a II(d) does not prohibit the payment of a with respect to the assets of such Client duly adopted agreement between redemption fee, if: Plan which are invested in such Principal and such Affiliated Fund. (1) Such redemption fee is paid only Affiliated Fund; or For the purpose of Section II(a)(1)(ii), to an Affiliated Fund; and (ii) Pays indirectly to Principal and Section II(a)(3)(ii)–(iv), in (2) The existence of such redemption through the Collective Fund a Collective calculating a Client Plan’s pro rata share fee is disclosed in the summary Fund-Level Management Fee, in of an Affiliated Fund-Level Advisory prospectus for such Affiliated Fund in accordance with Section II(a)(2)(i), Fee, Principal must use an amount effect both at the time of any purchase above, based on the total assets of such representing the ‘‘gross’’ advisory fee of shares in such Affiliated Fund and at Client Plan invested in such Collective paid to Principal by such Affiliated the time of any sale of such shares. Fund, from which a credit has been Fund. For purposes of this paragraph, (e) The combined total of all fees subtracted from such Collective Fund- the ‘‘gross’’ advisory fee is the amount received by Principal is not in excess of Level Management Fee, where the paid to Principal by such Affiliated reasonable compensation within the amount subtracted represents such Fund, including the amount paid by meaning of section 408(b)(2) of the Act, Client Plan’s pro rata share of any such Affiliated Fund to sub-advisers. for services provided: Affiliated Fund-Level Advisory Fee paid (b) The purchase price paid and the (1) By Principal to each Client Plan; to Principal by such Affiliated Fund; sales price received by a Client Plan for (2) By Principal to each Collective and does not pay to Principal for the shares in an Affiliated Fund purchased Fund in which a Client Plan invests; entire period of such investment any or sold directly, and the purchase price (3) By Principal to each Affiliated Plan-Level Management Fee with paid and the sales price received by a Fund in which a Client Plan invests respect to any assets of such Client Plan Client Plan for shares in an Affiliated directly in shares of such Affiliated invested in such Collective Fund; or Fund purchased or sold indirectly Fund; and (iii) Pays to Principal a Plan-Level through a Collective Fund, is the net (4) By Principal to each Affiliated Management Fee, in accordance with asset value per share (NAV), as defined, Fund in which a Client Plan invests Section II(a)(2)(iii), above, based on the below, in Section IV(f), at the time of the indirectly in shares of such Affiliated total assets of such Client Plan under transaction, and is the same purchase Fund through a Collective Fund. management by Principal at the plan- price that would have been paid and the (f) Principal does not receive any fees level, from which a credit has been same sales price that would have been payable pursuant to Rule 12b–1 under subtracted from such Plan-Level received for such shares by any other the Investment Company Act in Management Fee, where the amount shareholder of the same class of shares connection with the transactions subtracted represents such Client Plan’s in such Affiliated Fund at that time.4 covered by this exemption; pro rata share of any Affiliated Fund- (c) Principal, including any officer (g) No Client Plan is an employee Level Advisory Fee paid to Principal by and any director of Principal, does not benefit plan sponsored or maintained by such Affiliated Fund; and does not pay purchase any shares of an Affiliated Principal. directly to Principal or indirectly to Fund from and does not sell any shares (h)(1) In the case of a Client Plan Principal through the Collective Fund of an Affiliated Fund to any Client Plan investing directly in shares of an for the entire period of such investment which invests directly in such Affiliated Affiliated Fund, a second fiduciary (the any Collective Fund-Level Management Fund, and Principal, including any Second Fiduciary), as defined, below, in Fee with respect to any assets of such officer and director of Principal, does Section IV(h), acting on behalf of such Client Plan invested in such Collective not purchase any shares of any Client Plan, receives, in writing, in Fund; or Affiliated Fund from and does not sell advance of any investment by such (iv) Pays to Principal a ‘‘Net’’ Plan- any shares of an Affiliated Fund to any Client Plan directly in shares of such Level Management Fee, in accordance Collective Fund in which a Client Plan Affiliated Fund, a full and detailed with Section II(a)(2)(iii), above, from invests indirectly in shares of such disclosure via first class mail or via which a further credit has been Affiliated Fund. personal delivery of (or, if the Second subtracted from such ‘‘Net’’ Plan-Level (d) No sales commissions, no Fiduciary consents to such means of Management Fee, where the amount of redemption fees, and no other similar delivery, through electronic email, in such further credit which is subtracted fees are paid in connection with any accordance with Section II(q), as set represents such Client Plan’s pro rata purchase and in connection with any forth, below) of information concerning share of any Affiliated Fund-Level sale by a Client Plan directly in shares such Affiliated Fund, including but not Advisory Fee paid to Principal by such of an Affiliated Fund, and no sales limited to the items listed, below: Affiliated Fund. commissions, no redemption fees, and (i) A current summary prospectus Provided that the conditions of this issued by each such Affiliated Fund; exemption are satisfied, the 4 The selection of a particular class of shares of (ii) A statement describing the fees, requirements of Section II(a)(1)(i)–(ii), an Affiliated Fund as an investment for a Client including the nature and extent of any and Section II(a)(3)(i)–(iv) do not Plan indirectly through a Collective Fund is a differential between the rates of such fiduciary decision that must be made in accordance preclude the payment of an Affiliated with the provisions of section 404(a) of the Act. In fees for: Fund-Level Advisory Fee by an this exemption, the Department is not providing (A) Investment advisory and similar Affiliated Fund to Principal under the any relief for any fiduciary violations, pursuant to services to be paid to Principal by each terms of an investment advisory section 404 of the Act, or violations of the Affiliated Fund; prohibited transaction provisions, as set forth in (B) Secondary Services to be paid to agreement adopted in accordance with section 406 of the Act that may arise from the section 15 of the Investment Company selection of one class of shares of an Affiliated Fund Principal by each such Affiliated Fund; Act of 1940 (the Investment Company over another class of shares. and

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(C) All other fees to be charged by indirectly through such Collective Fund (i) Directly in shares of an Affiliated Principal to such Client Plan and to to be appropriate for such Client Plan; Fund; each such Affiliated Fund and all other (iv) A statement describing whether (ii) Indirectly in shares of an fees to be paid to Principal by each such there are any limitations applicable to Affiliated Fund through a Collective Client Plan and by each such Affiliated Principal with respect to which assets of Fund where such Collective Fund has Fund; such Client Plan may be invested already invested in shares of an (iii) The reasons why Principal may indirectly in shares of each such Affiliated Fund; and consider investment directly in shares Affiliated Fund through such Collective (iii) In a Collective Fund which is not of such Affiliated Fund by such Client Fund, and if so, the nature of such yet invested in shares of an Affiliated Plan to be appropriate for such Client limitations; Fund but whose organizational Plan; (v) Upon the request of the Second document expressly provides for the (iv) A statement describing whether Fiduciary, acting on behalf of such addition of one or more Affiliated Funds there are any limitations applicable to Client Plan, a copy of the Notice, a copy to the portfolio of such Collective Fund; Principal with respect to which assets of of the final exemption, if granted, and and such Client Plan may be invested any other reasonably available (2) Authorizes in writing, as directly in shares of such Affiliated information regarding the transactions applicable: Fund, and if so, the nature of such which are the subject of this exemption; (i) The Affiliated Fund-Level limitations; and and Advisory Fee received by Principal for (v) Upon the request of the Second (vi) A copy of the organizational investment advisory services and Fiduciary acting on behalf of such documents of such Collective Fund similar services provided by Principal to Client Plan, a copy of the Notice of which expressly provide for the such Affiliated Fund; (ii) The fee received by Principal for Proposed Exemption (the Notice), a addition of one or more Affiliated Funds Secondary Services provided by copy of the final exemption, if granted, to the portfolio of such Collective Fund. (3) In the case of a Client Plan whose Principal to such Affiliated Fund; and any other reasonably available assets are proposed to be invested in a (iii) The Collective Fund-Level information regarding the transactions Collective Fund before such Collective Management Fee received by Principal which are the subject of this exemption. Fund has begun investing in shares of for investment management, investment (2) In the case of a Client Plan whose any Affiliated Fund, a Second advisory, and similar services provided assets are proposed to be invested in a Fiduciary, acting on behalf of such by Principal to such Collective Fund in Collective Fund after such Collective Client Plan, receives, in writing, in which such Client Plan invests; Fund has begun investing in shares of advance of any investment by such (iv) The Plan-Level Management Fee an Affiliated Fund, a Second Fiduciary, Client Plan in such Collective Fund, a received by Principal for investment acting on behalf of such Client Plan, full and detailed disclosure via first management and similar services receives, in writing, in advance of any class mail or via personal delivery (or, provided by Principal to such Client investment by such Client Plan in such if the Second Fiduciary consents to such Plan at the plan-level; and Collective Fund, a full and detailed means of delivery, through electronic (v) The selection by Principal of the disclosure via first class mail or via email, in accordance with Section II(q), applicable fee method, as described, personal delivery (or, if the Second as set forth, below) of information, above, in Section II(a)(1)–(3). Fiduciary consents to such means of concerning such Collective Fund, All authorizations made by a Second delivery, through electronic email, in including but not limited to the items Fiduciary, pursuant to this Section II(i), accordance with Section II(q), as set listed, below: must be consistent with the forth, below) of information concerning (i) A statement describing the fees, responsibilities, obligations, and duties such Collective Fund and information including the nature and extent of any imposed on fiduciaries by Part 4 of Title concerning each such Affiliated Fund in differential between the rates of such I of the Act; which such Collective Fund is invested, fees for all fees to be charged by (j)(1) Any authorization, described, including but not limited to the items Principal to such Client Plan and to above, in Section II(i), and any listed, below: such Collective Fund and all other fees authorization made pursuant to negative (i) A current summary prospectus to be paid to Principal by such Client consent, as described, below, in Section issued by each such Affiliated Fund; Plan, and by such Collective Fund; II(k) and in Section II(l), made by a (ii) A statement describing the fees, (ii) Upon the request of the Second Second Fiduciary, acting on behalf of a including the nature and extent of any Fiduciary, acting on behalf of such Client Plan, shall be terminable at will differential between the rates of such Client Plan, a copy of the Notice, a copy by such Second Fiduciary, without fees for: of the final exemption, if granted, and penalty to such Client Plan, upon (A) Investment advisory and similar any other reasonably available receipt by Principal via first class mail, services to be paid to Principal by each information regarding the transactions via personal delivery, or via electronic Affiliated Fund; which are the subject of this exemption; email of a written notification of the (B) Secondary Services to be paid to and intent of such Second Fiduciary to Principal by each such Affiliated Fund; (iii) A copy of the organizational terminate any such authorization. and documents of such Collective Fund (2) A form (the Termination Form) (C) All other fees to be charged by which expressly provide for the expressly providing an election to Principal to such Client Plan, to such addition of one or more Affiliated Funds terminate any authorization, described, Collective Fund, and to each such to the portfolio of such Collective Fund. above, in Section II(i), or to terminate Affiliated Fund and all other fees to be (i) On the basis of the information any authorization made pursuant to paid to Principal by such Client Plan, by described, above, in Section II(h), a negative consent, as described, below, such Collective Fund, and by each such Second Fiduciary, acting on behalf of a in Section II(k) and in Section II(l), with Affiliated Fund; Client Plan: instructions on the use of such (iii) The reasons why Principal may (1) Authorizes in writing the Termination Form must be provided to consider investment by such Client Plan investment of the assets of such Client such Second Fiduciary at least annually, in shares of each such Affiliated Fund Plan, as applicable: either in writing via first class mail or

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via personal delivery (or if such Second (B) From the date a Second Fiduciary, accordance with Section II(q), as set Fiduciary consents to such means of acting on behalf of a Client Plan that forth, below), a notice of change in fees delivery, through electronic email, in invests directly in shares of an Affiliated (the Notice of Change in Fees) (which accordance with Section II(q), as set Fund, returns a Termination Form or may take the form of a proxy statement, forth, below). However, if a Termination returns some other written notification letter, or similar communication which Form has been provided to such Second of intent to terminate such Client Plan’s is separate from the summary Fiduciary, pursuant to Section II(k) or investment in such Affiliated Fund, prospectus of such Affiliated Fund) and pursuant to Section II(l), below, then a such Client Plan will not be subject to which explains the nature and the Termination Form need not be provided pay a pro rata share of any Affiliated amount of such Fee Increase to the again, pursuant to this Section II(j), until Fund-Level Advisory Fee and will not Second Fiduciary of each affected Client at least six (6) months but no more than be subject to pay any fees for Secondary Plan. Such Notice of Change in Fees twelve (12) months have elapsed, since Services paid to Principal by such shall be accompanied by a Termination a Termination Form was provided; Affiliated Fund; Form and by instructions on the use of (3) The instructions for the (ii)(A) In the case of a Client Plan such Termination Form, as described, Termination Form must include the which invests in a Collective Fund, the above, in Section II(j)(3); following statements: termination will be implemented by the (2) For each Client Plan affected by a (i) Any authorization, described, withdrawal of such Client Plan from all Fee Increase, Principal may implement above, in Section II(i), and any investments in such affected Collective such Fee Increase without waiting for authorization made pursuant to negative Fund, and such withdrawal will be the expiration of the 30-day period, consent, as described, below, in Section implemented by Principal within such described, above, in Section II(k)(1), II(k) or in Section II(l), is terminable at time as may be necessary for withdrawal provided Principal does not begin will by a Second Fiduciary, acting on in an orderly manner that is equitable to implementation of such Fee Increase behalf of a Client Plan, without penalty the affected withdrawing Client Plan before the first day of the 30-day period, to such Client Plan, upon receipt by and to all non-withdrawing Client described, above in Section II(k)(1), and Principal via first class mail or via Plans, but in no event shall such provided further that the following personal delivery or via electronic email withdrawal be implemented by conditions are satisfied: of the Termination Form, or some other Principal more than five (5) business (i) Principal delivers, in the manner written notification of the intent of such days after the day Principal receives described in Section II(k)(1), to the Second Fiduciary to terminate such from the Second Fiduciary, acting on Second Fiduciary for each affected authorization; behalf of such withdrawing Client Plan, (ii) Within 30 days from the date the Client Plan, the Notice of Change of a Termination Form or receives some Fees, as described in Section II(k)(1), Termination Form is sent to such other written notification of intent to Second Fiduciary by Principal, the accompanied by the Termination Form terminate the investment of such Client and by instructions on the use of such failure by such Second Fiduciary to Plan in such Collective Fund, unless Termination Form, as described, above, return such Termination Form or the such withdrawal is otherwise prohibited in Section II(j)(3); failure by such Second Fiduciary to by a governmental entity with (ii) Each affected Client Plan receives provide some other written notification jurisdiction over the Collective Fund, or from Principal a credit in cash equal to of the Client Plan’s intent to terminate the Second Fiduciary fails to instruct each such Client Plan’s pro rata share of any authorization, described in Section Principal as to where to reinvest or send such Fee Increase to be received by II(i), or intent to terminate any the withdrawal proceeds; and authorization made pursuant to negative (B) From the date Principal receives Principal for the period from the date of consent, as described, below, in Section from a Second Fiduciary, acting on the implementation of such Fee Increase II(k) or in Section II(l), will be deemed behalf of a Client Plan, that invests in to the earlier of: to be an approval by such Second a Collective Fund, a Termination Form (A) The date when an affected Client Fiduciary; or receives some other written Plan, pursuant to Section II(j), (4) In the event that a Second notification of intent to terminate such terminates any authorization, as Fiduciary, acting on behalf of a Client Client Plan’s investment in such described, above, in Section II(i), or, Plan, at any time returns a Termination Collective Fund, such Client Plan will terminates any negative consent Form or returns some other written not be subject to pay a pro rata share of authorization, as described, in Section notification of intent to terminate any any fees arising from the investment by II(k) or in Section II(l); or authorization, as described, above, in such Client Plan in such Collective (B) The 30th day after the day that Section II(i), or intent to terminate any Fund, including any Collective Fund- Principal delivers to the Second authorization made pursuant to negative Level Management Fee, nor will such Fiduciary of each affected Client Plan consent, as described, below, in Section Client Plan be subject to any other the Notice of Change of Fees, described II(k) or in Section II(l); charges to the portfolio of such in Section II(k)(1), accompanied by the (i)(A) In the case of a Client Plan Collective Fund, including a pro rata Termination Form and by the which invests directly in shares of an share of any Affiliated Fund-Level instructions on the use of such Affiliated Fund, the termination will be Advisory Fee and any fee for Secondary Termination Form, as described, above, implemented by the withdrawal of all Services arising from the investment by in Section II(j)(3). investments made by such Client Plan such Collective Fund in an Affiliated (iii) Principal pays to each affected in the affected Affiliated Fund, and such Fund. Client Plan the cash credit, described, withdrawal will be effected by Principal (k)(1) Principal, at least thirty (30) above, in Section II(k)(2)(ii), with within one (1) business day of the date days in advance of the implementation interest thereon, no later than five (5) that Principal receives such of each fee increase (Fee Increase(s)), as business days following the earlier of: Termination Form or receives from the defined, below, in Section IV(l), must (A) The date such affected Client Second Fiduciary, acting on behalf of provide, in writing via first class mail or Plan, pursuant to Section II(j), such Client Plan, some other written via personal delivery (or if the Second terminates any authorization, as notification of intent to terminate any Fiduciary consents to such means of described, above, in Section II(i), or such authorization; delivery, through electronic email, in terminates, any negative consent

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authorization, as described, in Section Section II(i)(1)(iii), above, then, the Termination Form, as described, above, II(k) or in Section II(l); or authorization, pursuant to negative in Section II(j)(3); and (B) The 30th day after the day that consent, in accordance with this Section (2) Within 30 days from the date Principal delivers to the Second II(l), applies to: Principal sends to the Second Fiduciary Fiduciary of each affected Client Plan, (1) The purchase, as an addition to the of each affected Client Plan, the the Notice of Change of Fees, described portfolio of such Collective Fund, of information described, above, in Section in Section II(k)(1), accompanied by the shares of an Affiliated Fund (a New II(l)(1)(ii), the failure by such Second Termination Form and instructions on Affiliated Fund) where such New Fiduciary to return the Termination the use of such Termination Form, as Affiliated Fund has not been previously Form or to provide some other written described, above, in Section II(j)(3); authorized, pursuant to Section notification of the Client Plan’s intent to (iv) Interest on the credit in cash is II(i)(1)(ii) or, as applicable, Section terminate the authorization, described calculated at the prevailing Federal II(i)(1)(iii), above, and such Collective in Section II(i)(1)(ii), or, as appropriate, funds rate plus two percent (2%) for the Fund may commence investing in such to terminate the authorization, period from the day Principal first New Affiliated Fund without further described in Section II(i)(1)(iii), or to implements the Fee Increase to the date written authorization from the Second terminate any authorization, pursuant to Principal pays such credit in cash, with Fiduciary of each Client Plan invested negative consent, as described, in this interest thereon, to each affected Client in such Collective Fund provided that: Section II(l), will be deemed to be an Plan; (i) The organizational documents of approval by such Second Fiduciary of (v) An independent accounting firm such Collective Fund expressly provide the addition of a New Affiliated Fund to (the Auditor) at least annually audits the for the addition of one or more the portfolio of such Collective Fund in payments made by Principal to each Affiliated Funds to the portfolio of such which such Client Plan invests, and will affected Client Plan, audits the amount Collective Fund, and such documents result in the continuation of the of each cash credit, plus the interest were disclosed in writing via first class authorization of Principal to engage in thereon, paid to each affected Client mail or via personal delivery (or, if the the transactions which are the subject of Plan, and verifies that each affected Second Fiduciary consents to such this exemption with respect to such Client Plan received the correct amount means of delivery, through electronic New Affiliated Fund. of cash credit and the correct amount of email, in accordance with Section II(q), (m) Principal is subject to the interest thereon; requirement to provide within a (vi) Such Auditor issues an audit as set forth, below) to the Second Fiduciary of each such Client Plan reasonable period of time any report of its findings no later than six (6) reasonably available information months after the period to which such invested in such Collective Fund, in advance of any investment by such regarding the covered transactions that audit report relates, and provides a copy the Second Fiduciary of such Client of such audit report to the Second Client Plan in such Collective Fund; (ii) At least thirty (30) days in advance Plan requests Principal to provide. Fiduciary of each affected Client Plan; (n) All dealings between a Client Plan of the purchase by a Client Plan of and and an Affiliated Fund, including all shares of such New Affiliated Fund (3) Within 30 days from the date such dealings when such Client Plan is indirectly through a Collective Fund, Principal sends to the Second Fiduciary invested directly in shares of such Principal provides, either in writing via of each affected Client Plan, the Notice Affiliated Fund and when such Client first class or via personal delivery (or if of Change of Fees and the Termination Plan is invested indirectly in such the Second Fiduciary consents to such Form, the failure by such Second shares of such Affiliated Fund through means of delivery, through electronic Fiduciary to return such Termination a Collective Fund, are on a basis no less email, in accordance with Section II(q), Form and the failure by such Second favorable to such Client Plan, than as set forth, below), to the Second Fiduciary to provide some other written dealings between such Affiliated Fund Fiduciary of each Client Plan having an notification of the Client Plan’s intent to and other shareholders of the same class interest in such Collective Fund, full terminate the authorization, described of shares in such Affiliated Fund. in Section II(i), or to terminate the and detailed disclosures about such (o) In the event a Client Plan invests negative consent authorization, as New Affiliated Fund, including but not directly in shares of an Affiliated Fund, described, in Section II(k) or in Section limited to: and, as applicable, in the event a Client II(l), will be deemed to be an approval (A) A notice of Principal’s intent to Plan invests indirectly in shares of an by such Second Fiduciary of such Fee add a New Affiliated Fund to the Affiliated Fund through a Collective Increase. portfolio of such Collective Fund. Such Fund, if such Affiliated Fund places (l) Effective on the date the final notice may take the form of a proxy brokerage transactions with Principal, exemption is granted, in the case of a statement, letter, or similar Principal will provide to the Second Client Plan which has received the communication that is separate from the Fiduciary of each such Client Plan, so disclosures, as set forth, above, in summary prospectus of such New invested, at least annually a statement Section II(h)(2)(i), II(h)(2)(ii)(A), Affiliated Fund to the Second Fiduciary specifying: II(h)(2)(ii)(B), II(h)(2)(ii)(C), II(h)(2)(iii), of each affected Client Plan; (1) The total, expressed in dollars of II(h)(2)(iv), II(h)(2)(v), and II(h)(2)(vi), (B) Such notice of Principal’s intent to brokerage commissions that are paid to and has authorized the investment by a add a New Affiliated Fund to the Principal by each such Affiliated Fund; Client Plan in a Collective Fund, in portfolio of such Collective Fund shall (2) The total, expressed in dollars, of accordance with Section II(i)(1)(ii), be accompanied by the information, as brokerage commissions that are paid by above; and, as applicable, effective on described, above, in Section II(h)(2)(i), each such Affiliated Fund to brokerage the date the final exemption is granted, II(h)(2)(ii)(A), II(h)(2)(ii)(B), firms unrelated to Principal; in the case of a Client Plan which has II(h)(2)(ii)(C), II(h)(2)(iii), II(h)(2)(iv), (3) The average brokerage received the disclosures, as set forth, and II(2)(v) with respect to each such commissions per share, expressed as above, in Section II(h)(3)(i), II(h)(3)(ii), New Affiliated Fund to be added to the cents per share, paid to Principal by and II(h)(3)(iii), and has authorized the portfolio of such Collective Fund; and each such Affiliated Fund; and investment by a Client Plan in a (C) A Termination Form, and (4) The average brokerage Collective Fund, in accordance with instructions on the use of such commissions per share, expressed as

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cents per share, paid by each such Affiliated Fund in which such Client which are maintained on a Web site by Affiliated Fund to brokerage firms Plan invests indirectly in shares of such Principal, provided: unrelated to Principal. Affiliated Fund thorough each such (1) Principal obtains from such (p)(1) Principal provides to the Collective Fund; Second Fiduciary prior consent in Second Fiduciary of each Client Plan (ii) Upon the request of such Second writing to the receipt by such Second invested directly in shares of an Fiduciary, a copy of the statement of Fiduciary of such disclosure via Affiliated Fund, with the disclosures, as additional information for each electronic email; set forth, below, and at the times set Affiliated Fund in which such Client (2) Such Second Fiduciary has forth below, in Section II(p)(1)(i), Plan invests indirectly in shares of such provided to Principal a valid email II(p)(1)(ii), II(p)(1)(iii), II(p)(1)(iv), and Affiliated Fund thorough each such address; and II(p)(1)(v), either in writing via first Collective Fund which contains a (3) The delivery of such electronic class mail or via personal delivery (or if description of all fees paid by such email to such Second Fiduciary is the Second Fiduciary consents to such Affiliated Fund to Principal; provided by Principal in a manner means of delivery, through electronic (iii) Annually, with a statement of the consistent with the relevant provisions email, in accordance with Section II(q), Collective Fund-Level Management Fee of the regulations of the Department of as set forth, below); for investment management, investment Labor (the Department) at 29 CFR (i) Annually, with a copy of the advisory or similar services paid to section 2520.104b–1(c) (substituting the current summary prospectus for each Principal by each such Collective Fund, word, ‘‘Principal,’’ for the word, Affiliated Fund in which such Client regardless of whether such Client Plan ‘‘administrator,’’ as set forth therein, Plan invests directly in shares of such invests in shares of an Affiliated Fund and substituting the phrase, ‘‘Second Affiliated Fund; through such Collective Fund; Fiduciary,’’ for the phrase, ‘‘the (ii) Upon the request of such Second (iv) A copy of the annual financial participant, beneficiary or other Fiduciary, a copy of the statement of statement of each such Collective Fund individual,’’ as set forth therein). additional information for each in which such Client Plan invests, Affiliated Fund in which such Client Section III—General Conditions regardless of whether such Client Plan Plan invests directly in shares of such (a) Principal maintains for a period of invests in shares of an Affiliated Fund Affiliated Fund which contains a six (6) years the records necessary to through such Collective Fund, within description of all fees paid by such enable the persons described, below, in sixty (60) days of the completion of such Affiliated Fund to Principal; Section III(b) to determine whether the financial statement; (iii) With regard to any Fee Increase conditions of this exemption have been (v) With regard to any Fee Increase received by Principal, pursuant to met, except that: Section II(k)(2), above, a copy of the received by Principal, pursuant to (1) A prohibited transaction will not audit report referred to in Section Section II(k)(2), above, a copy of the be considered to have occurred, if solely II(k)(2)(v), above, within sixty (60) days audit report referred to in Section because of circumstances beyond the of the completion of such audit report; II(k)(2)(v), above, within sixty (60) days control of Principal, the records are lost (iv) Oral or written responses to the of the completion of such audit report; or destroyed prior to the end of the six- inquiries posed by the Second Fiduciary (vi) Oral or written responses to the year period; and of such Client Plan, as such inquiries inquiries posed by the Second Fiduciary (2) No party in interest other than arise; and of such Client Plan, as such inquiries Principal shall be subject to the civil (v) Annually, with a Termination arise; penalty that may be assessed under form, as described in Section II(j)(1), (vii) For each Client Plan invested section 502(i) of the Act or to the taxes and instructions on the use of such indirectly in shares of an Affiliated imposed by section 4975(a) and (b) of form, as described in Section II(j)(3), Fund through a Collective Fund, a the Code, if the records are not except that if a Termination Form has statement of the approximate percentage maintained or are not available for been provided to such Second (which may be in the form of a range) examination as required by Section Fiduciary, pursuant to Section II(k) or on an annual basis of the assets of such III(b); below. pursuant to Section II(l), above, then a Collective Fund that was invested in (b)(1) Except as provided in Section Termination Form need not be provided Affiliated Funds during the applicable III(b)(2) and notwithstanding any again, pursuant to this Section year; and provisions of section 504(a)(2) of the II(p)(1)(v), until at least six (6) months (viii) Annually, with a Termination Act, the records referred to in Section but no more than twelve (12) months Form, as described in Section II(j)(1), III(a) are unconditionally available at have elapsed, since a Termination Form and instructions on the use of such their customary location for was provided. form, as described in Section II(j)(3), examination during normal business (2) Principal provides to the Second except that if a Termination Form has hours by— Fiduciary of each Client Plan invested been provided to such Second (i) Any duly authorized employee or in a Collective Fund, with the Fiduciary, pursuant to Section II(k) or representative of the Department or the disclosures, as set forth, below, and at pursuant to Section II(l), above, then a Internal Revenue Service, or the the times set forth below, in Section Termination Form need not be provided Securities & Exchange Commission; II(p)(2)(i), II(p)(2)(ii), II(p)(2)(iii), again, pursuant to this Section (ii) Any fiduciary of a Client Plan II(p)(2)(iv), II(p)(2)(v), II(p)(2)(vi), II(p)(2)(viii), until at least six (6) months invested directly in shares of an II(p)(2)(vii), and II(p)(2)(viii), either in but no more than twelve (12) months Affiliated Fund, any fiduciary of a writing via first class mail or via have elapsed, since a Termination Form Client Plan who has the authority to personal delivery (or if the Second was provided. acquire or to dispose of the interest in Fiduciary consents to such means of (q) Any disclosure required, herein, to a Collective Fund in which a Client Plan delivery, through electronic email, in be made by Principal to a Second invests, any fiduciary of a Client Plan accordance with Section II(q), as set Fiduciary may be delivered by invested indirectly in an Affiliated Fund forth, below); electronic email containing direct through a Collective Fund where such (i) Annually, with a copy of the hyperlinks to the location of each such fiduciary has the authority to acquire or current summary prospectus for each document required to be disclosed, to dispose of the interest in such

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Collective Fund, and any duly the value of all securities, determined including but not limited to custodial, authorized employee or representative by a method as set forth in the summary accounting, administrative services, and of such fiduciary; and prospectus for such Affiliated Fund and brokerage services. Principal may also (iii) Any participant or beneficiary of in the statement of additional serve as a dividend disbursing agent, a Client Plan invested directly in shares information, and other assets belonging shareholder servicing agent, transfer of an Affiliated Fund or invested in a to such Affiliated Fund or portfolio of agent, fund accountant, or provider of Collective Fund, and any participant or such Affiliated Fund, less the liabilities some other Secondary Service, as beneficiary of a Client Plan invested charged to each such portfolio or each defined, in this Section IV(i). indirectly in shares of an Affiliated such Affiliated Fund, by the number of (j) The term, ‘‘Collective Fund(s),’’ Fund through a Collective Fund, and outstanding shares. means a separate account of an any representative of such participant or (g) The term, ‘‘relative,’’ means a insurance company, as defined in beneficiary; and relative as that term is defined in section 2510.3–101(h)(1)(iii) of the (2) None of the persons described in section 3(15) of the Act (or a member of Department’s plan assets regulations,5 Section III(b)(1)(ii) and (iii) shall be the family as that term is defined in maintained by Principal, and a bank- authorized to examine trade secrets of section 4975(e)(6) of the Code), or a maintained common or collective Principal, or commercial or financial brother, a sister, or a spouse of a brother investment trust maintained by information which is privileged or or a sister. Principal. confidential. (h) The term, ‘‘Second Fiduciary,’’ means the fiduciary of a Client Plan (k) The term, ‘‘business day,’’ means Section IV—Definitions who is independent of and unrelated to any day that For purposes of this exemption: Principal. For purposes of this (1) Principal is open for conducting (a) The term, ‘‘Principal,’’ means exemption, the Second Fiduciary will all or substantially all of its business; Principal Trust, Principal Life, and any not be deemed to be independent of and and affiliate thereof, as defined, below, in unrelated to Principal if: (2) The New York Stock Exchange (or Section IV(c). (1) Such Second Fiduciary, directly or any successor exchange is open for (b) The term, ‘‘Client Plan(s),’’ means indirectly, through one or more trading. a 401(k) plan(s), an individual intermediaries, controls, is controlled (l) The term, ‘‘Fee Increase(s),’’ retirement account(s), other tax- by, or is under common control with qualified plan(s), and other plan(s) as includes any increase by Principal in a Principal; rate of a fee, previously authorized in defined in the Act and Code, but does (2) Such Second Fiduciary, or any writing by the Second Fiduciary of each not include any employee benefit plan officer, director, partner, employee, or affected Client Plan, pursuant to Section sponsored or maintained by Principal, relative of such Second Fiduciary, is an II(i)(2)(i)–(iv), above, and in addition as defined, above, in Section IV(a). officer, director, partner, or employee of includes, but is not limited to: (c) An ‘‘affiliate’’ of a person includes: Principal (or is a relative of such (1) Any person directly or indirectly, person); or (1) Any increase in any fee that results through one or more intermediaries, (3) Such Second Fiduciary, directly or from the addition of a service for which controlling, controlled by, or under indirectly, receives any compensation or a fee is charged; common control with the person; other consideration for his or her (2) Any increase in any fee that results (2) Any officer, director, employee, personal account in connection with from a decrease in the number of relative, or partner in any such person; any transaction described in this services and any increase in any fee that and exemption. results from a decrease in the kind of (3) Any corporation or partnership of If an officer, director, partner, or service(s) performed by Principal for which such person is an officer, employee of Principal (or relative of such fee over an existing rate of fee for director, partner, or employee. such person) is a director of such each such service previously authorized (d) The term, ‘‘control,’’ means the Second Fiduciary, and if he or she by the Second Fiduciary, in accordance power to exercise a controlling abstains from participation in: with Section II(i)(2)(i)–(iv), above; and influence over the management or (i) The decision of a Client Plan to policies of a person other than an (3) Any increase in any fee that results invest in and to remain invested in from Principal changing from one of the individual. shares of an Affiliated Fund directly, the (e) The term, ‘‘Affiliated Fund(s),’’ fee methods, as described, above, in decision of a Client Plan to invest in Section II(a)(1)–(3), to using another of means Principal Funds, Inc., a series of shares of an Affiliated Fund indirectly mutual funds managed by Principal the fee methods, as described, above, in through a Collective Fund, and the Section II(a)(1)–(3). Management Corporation, an affiliate of decision of a Client Plan to invest in a Principal, as defined, above in Section Collective Fund that may in the future (m) The term, ‘‘Plan-Level IV(c), and any other diversified open- invest in shares of an Affiliated Fund; Management Fee,’’ includes any end investment company or companies (ii) Any authorization in accordance investment management fee, investment registered with the Securities and with Section II(i), and any advisory fee, and any similar fee paid by Exchange Commission under the authorization, pursuant to negative a Client Plan to Principal for any Investment Company Act and operated consent, as described in Section II(k) or investment management services, in accordance with Rule 2a–7 under the in Section II(l); and investment advisory services, and Investment Company Act, as amended, (iii) The choice of such Client Plan’s similar services provided by Principal to established and maintained by Principal investment adviser; then Section such Client Plan at the plan-level. The now or in the future for which Principal IV(h)(2), above, shall not apply. term, ‘‘Plan-Level Management Fee’’ serves as an investment adviser. (i) The term, ‘‘Secondary Service(s),’’ does not include a separate fee paid by (f) The term, ‘‘net asset value per means a service or services other than a Client Plan to Principal for asset share,’’ and the term, ‘‘NAV,’’ mean the an investment management service, allocation service(s) (Asset Allocation amount for purposes of pricing all investment advisory service, and any Service(s)), as defined, below, in Section purchases and sales of shares of an similar service which is provided by Affiliated Fund, calculated by dividing Principal to an Affiliated Fund, 5 51 FR 41262 (November 13, 1986).

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IV(p), provided by Principal to such after further consideration, the Plans, but in no event shall such withdrawal Client Plan at the plan-level.6 Applicants, in a letter dated March 19, be implemented by Principal more than five (n) The term, ‘‘Collective Fund-Level 2012, amended the Original Comment (5) business days after the day Principal Management Fee,’’ includes any (the Amended Comment). The receives from the Second Fiduciary, acting investment management fee, investment on behalf of such withdrawing Client Plan, Applicants’ Amended Comment is a Termination Form or receives some other advisory fee, and any similar fee paid by discussed in paragraphs 1–3, below, in written notification of intent to terminate the a Collective Fund to Principal for any an order that corresponds to the investment of such Client Plan in such investment management services, appearance of the relevant language in Collective Fund, unless such withdrawal is investment advisory services, and any the Notice. otherwise prohibited by a governmental similar services provided by Principal to 1. The Applicants have requested a entity with jurisdiction over the Collective such Collective Fund at the collective modification to the language of Section Fund, or the Second Fiduciary fails to fund level. II(j)(4)(ii)(A), as set forth on page 77601, instruct Principal as to where to reinvest or (o) The term, ‘‘Affiliated Fund-Level column 3, lines 10–30 of the Notice. send the withdrawal proceeds; Advisory Fee’’ includes any investment Section II(j)(4)(ii)(A) in the Notice reads, The Department concurs, and advisory fee and any similar fee paid by as follows: accordingly, language of Section an Affiliated Fund to Principal under In the case of a Client Plan which invests II(j)(4)(ii)(A) in the exemption has been the terms of an investment advisory in a Collective Fund, the termination will be amended, as requested by the agreement adopted in accordance with implemented by the withdrawal of such Applicants. section 15 of the Investment Company Client Plan from all investments in such 2. The Applicants have requested Act. affected Collective Fund, and such deletion of the language of Section (p) The term, ‘‘Asset Allocation withdrawal will be implemented by Principal II(j)(4)(ii)(B), as set forth on page 77601, Service(s),’’ means a service or services within such time as may be necessary for column 3, lines 31–45 of the Notice. to a Client Plan relating to the selection withdrawal in an orderly manner that is Section II(j)(4)(ii)(B) in the Notice reads, of appropriate asset classes or target- equitable to the affected withdrawing Client as follows: Plan and to all non-withdrawing Client date ‘‘glidepath,’’ and the allocation or Plans, but in no event shall such withdrawal Principal will pay to such withdrawing reallocation (including rebalancing) of be implemented by Principal more than five Client Plan interest on the settlement amount the assets of a Client Plan among the (5) business days after the day Principal calculated at the prevailing Federal funds selected asset classes. Such services do receives from the Second Fiduciary, acting rate plus two percent (2%) for the period not include the management of the on behalf of such withdrawing Client Plan, from the day Principal receives from the underlying assets of a Client Plan, the a Termination Form or receives some other Second Fiduciary, acting on behalf of such selection of specific funds or managers, written notification of intent to terminate the withdrawing Client Plan, a Termination and the management of the selected investment of such Client Plan in such Form or receives some other written Affiliated Funds or Collective Funds. Collective Fund. notification of intent to terminate the investment of such Client Plan in such Effective Date: This exemption is In the comment letter, the Applicants Collective Fund, to the date Principal pays effective as of the date of the publication agreed to accept the condition of a firm such settlement amount in cash, with interest of the final exemption in the Federal five (5) business day limitation on thereon, to such withdrawing Client Plan. Register. withdrawals from any Collective Fund In the comment letter, the Applicants that is operating in reliance on this Written Comments agreed to accept the condition of a firm exemption. However, Principal requests five (5) business day limitation on In the Notice, the Department invited that this condition be waived in the withdrawals from any Collective Fund, all interested persons to submit written event that (a) any governmental as set forth in Section II(j)(4)(ii)(A) of comments and requests for a hearing authority forbids Principal from this exemption, subject to the within 45 days of the date of the distributing the funds within five (5) elimination of the requirement that the publication of the Notice in the Federal days due to an emergency (e.g., a market Applicants pay interest during such five Register on December 13, 2011. All closure); or (b) the withdrawing Client business day period. comments and requests for hearing were Plan fails to direct Principal as to where due by January 27, 2012. During the The Department concurs, and to reinvest or send the withdrawal accordingly, Section II(j)(4)(ii)(B), as set comment period, the Department proceeds. Principal also requests that if received no requests for hearing. forth in the Notice, has been deleted the Second Fiduciary specifies an from this exemption. However, the Department did receive a effective date for the withdrawal that is comment (the Original Comment) from 3. The Applicants have requested a later than the date the Termination modification to the language of Section the Applicants via an email, dated Form is delivered to Principal that January 27, 2012. In the email, the II(j)(4)(ii)(C), as set forth on page 77601, Principal may treat such later date as column 3, lines 46–61 of the Notice. Applicants requested certain the date of receipt. modifications to the language of three Section II(j)(4)(ii)(C) in the Notice reads, In order to clarify the language, as set as follows: (3) of the conditions of the exemption, forth in Section II(j)(4)(ii)(A) in the as set forth in the Notice. Subsequently, Notice, the Applicants request that the From the date a Second Fiduciary, acting language of Section II(j)(4)(ii)(A) in the on behalf of a Client Plan that invests in a Collective Fund, returns a Termination Form 6 For the receipt by Principal from a Client Plan exemption be amended as follows: of a fee for Asset Allocation Services provided by or returns some other written notification of Principal to such Client Plan at the plan-level, In the case of a Client Plan which invests intent to terminate such Client Plan’s Principal relies on the relief provided by the in a Collective Fund, the termination will be investment in such Collective Fund, such statutory exemption, as set forth in section 408(b)(2) implemented by the withdrawal of such Client Plan will not be subject to pay a pro of the Act and the Department’s regulations, Client Plan from all investments in such rata share of any Collective Fund-Level pursuant to 29 CFR 2550.408b–2. The Department affected Collective Fund, and such Management Fee, nor will such Client Plan is offering no view, herein, as to whether the receipt withdrawal will be implemented by Principal be subject to any other changes to the by Principal of such an asset allocation fee is covered by such statutory exemption, nor is the within such time as may be necessary for portfolio of such Collective Fund, including Department, herein, offering any view as to whether withdrawal in an orderly manner that is a pro rata share of any Affiliated Fund-Level Principal satisfies the conditions set forth in such equitable to the affected withdrawing Client Advisory Fee arising from the investment by statutory exemption. Plan and to all non-withdrawing Client such Collective Fund in an Affiliated Fund.

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In this regard, the Applicants investment by such Collective Fund in an subtracted from such Plan-Level Management acknowledge that a Client Plan which Affiliated Fund. Fee, where the amount subtracted represents timely returns a Termination Form or In addition to the changes to the such Client Plan’s pro rata share of any other notice of termination in proper language of the final exemption Affiliated Fund-Level Advisory Fee paid to form (e.g., with sufficient information to requested by the Applicants, as Principal by such Affiliated Fund; and does implement the intent of such Client discussed above, the Department has not pay directly to Principal or indirectly to Plan) will be entitled to receive the NAV decided to clarify the language of Principal through the Collective Fund for the of the Collective Fund ‘‘as of’’ the close several sections of the final exemption. entire period of such investment any of business on the date of receipt by The amended language of each of these Collective Fund-Level Management Fee with respect to any assets of such Client Plan Principal of notice of termination—even sections is set forth in paragraphs 4–8, invested in such Collective Fund; or if the funds are not distributed for up to below. five (5) business days. The Applicants 4. Section II(a)(2)(ii), as set forth in 8. The definition of the term, ‘‘Asset further acknowledge that this would the Notice at page 77599, column 1, Allocation Services(s),’’ as set forth in mean that no further charges—whether lines 33–37, has been deleted. Section Section IV(p) in the Notice at page directly at the Collective Fund-Level or II(a)(2)(ii) in the final exemption reads, 77605, column 2, lines 21–37, has been indirectly at the Affiliated Fund-Level as follows: will be incurred from and after the deleted. The amended definition of the does not pay directly to Principal or effective date of the receipt of the term, ‘‘Asset Allocation’’ in the final indirectly to Principal through the Collective exemption reads, as follows: notification of termination by Principal. Fund for the entire period of such investment Accordingly, in order to clarify the any Collective Fund-Level Management Fee The term, ‘‘Asset Allocation Service(s),’’ language, as set forth in Section with respect to any assets of such Client Plan means a service or services to a Client Plan II(j)(4)(ii)(C) in the Notice, the invested in such Collective Fund. relating to the selection of appropriate asset Applicants request that Section 5. Section II(a)(3)(i), as set forth in the classes or target-date ‘‘glidepath,’’ and the II(j)(4)(ii)(C) be renumbered as Section Notice at page 77599, column 1, lines allocation or reallocation (including II(j)(4)(ii)(B) and that the word, 64–69 and column 2, lines 1–4, has been rebalancing) of the assets of a Client Plan among the selected asset classes. Such ‘‘changes,’’ as set forth on page 77601, deleted. Section II(a)(3)(i) in the final services do not include the management of column 3, line 56 the Notice be exemption reads, as follows: amended to the word, ‘‘charges.’’ the underlying assets of a Client Plan, the does not pay to Principal for the entire period The Department concurs, with the selection of specific funds or managers, and of such investment any a Plan-Level the management of the selected Affiliated Applicants’ requested amendments to Management Fee (including any ‘‘Net’’ Plan- Funds or Collective Funds. Section II(j)((4)(ii)(C). In addition, the Level Management Fee, as described, above, Department wishes to clarify that the in Section II(a)(2)(iii)), and does not pay After full consideration and review of effective date of a withdrawal request is directly to Principal or indirectly to Principal the entire record, including the Original the day Principal receives notification of through the Collective Fund for the entire period of such investment any Collective Comment and the Amended Comment termination from a withdrawing Client filed by the Applicants, the Department Plan. Further, the Department wishes to Fund-Level Management Fee with respect to the assets of such Client Plan which are has determined to grant the exemption, clarify that a withdrawing Client Plan, invested in such Affiliated Fund; or as modified, above. The Original in addition to not being subject to pay Comment and the Amended Comment a pro rata share of any fees arising from 6. Section II(a)(3)(ii), as set forth in submitted to the Department by the the investment by such Client Plan in the Notice at page 77599, column 2, Applicants have been included as part such Collective Fund, and any Affiliated lines 9–25, has been deleted. Section Fund-Level Advisory Fee arising from II(a)(3)(ii) in the final exemption reads, of the public record of the exemption such Collective Fund investing in an as follows: application. A copy of the Original Affiliated Fund, a withdrawing Client pays indirectly to Principal through the Comment and the Amended Comment Plan will not be subject to pay a pro rata Collective Fund a Collective Fund-Level is posted on the Department’s Web site share of any fee for Secondary Services Management Fee, in accordance with Section at http://www.regulations.gov. The arising from the investment by such II(a)(2)(i), above, based on the total assets of complete application file (D–11579), Collective Fund in such Affiliated Fund. such Client Plan invested in such Collective including all supplemental submissions Accordingly, the Department has Fund, from which a credit has been received by the Department, is available subtracted from such Collective Fund-Level for public inspection in the Public amended the language of Section Management Fee, where the amount II(j)(4)(ii)(C), as set forth in, on page subtracted represents such Client Plan’s pro Documents Room of the Employee 77601, column 3, lines 46–61 of the rata share of any Affiliated Fund-Level Benefits Security Administration, Room Notice, as follows: Advisory Fee paid to Principal by such N–1513, U.S. Department of Labor, 200 From the date Principal receives from a Affiliated Fund; and does not pay to Constitution Avenue NW., Washington, Second Fiduciary, acting on behalf of a Client Principal for the entire period of such DC 20210. Plan, that invests in a Collective Fund, a investment any Plan-Level Management Fee with respect to any assets of such Client Plan For a more complete statement of the Termination Form or receives some other facts and representations supporting the written notification of intent to terminate invested in such Collective Fund; or Department’s decision to grant this such Client Plan’s investment in such 7. Section II(a)(3)(iii), as set forth in Collective Fund, such Client Plan will not be the Notice at page 77599, column 2, exemption refer to the Notice published subject to pay a pro rata share of any fees lines 26–42, has been deleted. Section on December 13, 2011, at 76 FR 77598. arising from the investment by such Client II(a)(3)(iii) in the final exemption reads, Plan in such Collective Fund, including any FOR FURTHER INFORMATION CONTACT: Collective Fund-Level Management Fee, nor as follows: Angelena C. Le Blanc of the Department, will such Client Plan be subject to any other pays to Principal a Plan-Level Management telephone (202) 693–8540 (This is not a charges to the portfolio of such Collective Fee, in accordance with Section II(a)(2)(iii), toll-free number). Fund, including a pro rata share of any above, based on the total assets of such Client Affiliated Fund-Level Advisory Fee and any Plan under management by Principal at the fee for Secondary Services arising from the plan-level, from which a credit has been

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Weyerhaeuser Company similar circumstances between collective investment vehicle managed (Weyerhaeuser) and Federalway Asset unrelated parties; by Newco the assets of which are treated Management LP (collectively, the (f) The fair market value of the Assets as plan assets under section 3(42) of the Applicants) Located in Federalway, will constitute less than one percent Act; provided that: Washington (1%) of the assets of the Master Trust at (1) Newco has discretionary authority [Exemption Application No. D–11677; the time such Assets are contributed to or control with respect to the assets of Prohibited Transaction Exemption 2012–12] the Master Trust; the Plan, the assets of the Other Plan(s), (g) The Master Trust incurs no or the assets the Client Plan(s) which are Exemption commissions, fees, costs, or other invested in an investment fund (a Section I: Specific Exemption Involving charges and expenses in connection Managed Account) involved in any such the Contribution In-Kind with the in-kind contribution of the transaction; Assets to the Master Trust; (2) Newco satisfies the definition, as The restrictions of sections (h) The in-kind contribution of the set forth, below, in Section V(a) of this 406(a)(1)(A), 406(b)(1), and 406(b)(2) of Assets is a one-time transaction; exemption; and the Act and the sanctions resulting from (i) The fair market value of the Assets (3) The conditions as set forth, below, the application of section 4975 of the is not credited in the prefunding in Section III, and Section IV, are Code, by reason of section 4975(c)(1)(A) balance for purposes of calculating the satisfied. and 4975(c)(1)(E) of the Code,7 shall not minimum required contributions of apply, effective as of the date of the Weyerhaeuser to the Plan; Section III: Specific Conditions publication of this exemption in the (j) Pursuant to the royalty interest Applicable to Transactions Described in Federal Register, to the contribution in- agreement (the Royalty Agreement) with Section II of This Exemption kind by the Weyerhaeuser Company Federalway Asset Management LP (a) At the time of the transaction, as (Weyerhaeuser), the sponsor of the (Newco), the Master Trust will be defined in Section V(h), neither the Weyerhaeuser Pension Plan (the Plan), entitled to receive annual royalty party in interest, as defined in Section of a bundle of assets (the Assets) owned payments in the amount of 12.5 percent V(e), nor any affiliate, as defined in by Weyerhaeuser Asset Management (12.5%) on revenues of less than $25 Section V(b): LLC (WAM), a wholly-owned subsidiary million per year and 15 percent (15%) (1) Has the authority to appoint or of Weyerhaeuser NR Company which is on revenues of more than $25 million terminate Newco as a manager of the in turn a wholly-owned subsidiary of per year; and Managed Account involved in the Weyerhaeuser, to the Weyerhaeuser (k) The termination of Newco as transaction, or Company Master Retirement Trust (the investment manager of the Master Trust (2) Has the authority to negotiate on Master Trust); provided that the will have no impact on the Master behalf of the Plan, the Other Plan(s), or conditions, as set forth, below, in Trust’s rights under the Royalty the Client Plan(s), the terms of the Section IV, and the following conditions Agreement. management agreement with Newco are satisfied: (including renewals or modifications Section II: Specific Exemption Involving (a) Prior to the execution and closing thereof) with respect to the Managed the Management by Newco of the Assets on the in-kind contribution of the Account involved in the transaction; Assets, an independent, qualified of Employee Benefit Plans Notwithstanding the foregoing, in the fiduciary (the I/F), as defined in Section Effective for a period of five (5) years, case of a Managed Account in which V(k), acting on behalf of the Master beginning on the date of the publication two (2) or more unrelated plans, as Trust, determines whether and on what of this exemption in the Federal defined in Section V(i), have an interest, terms to enter into the in-kind Register and ending on the day which a transaction with a party in interest, as contribution of such Assets; is five (5) years from such publication defined in Section V(e), with respect to (b) The I/F negotiates, reviews, and date, the restrictions of section a plan will be deemed to satisfy the approves the specific terms and 406(a)(1)(A) through (D) of the Act and requirements of Section III(a), if the conditions of the in-kind contribution of the taxes imposed by section 4975(a) assets of the plan managed by Newco in the Assets and determines, prior to and (b) of the Code, by reason of section the Managed Account, when combined entering into such in-kind contribution, 4975(c)(1)(A) through (D) of the Code, with the assets of other plans that such transaction is feasible, in the shall not apply to: established or maintained by the same interest of, and protective of the Master (a) Any transaction between a party in employer (or affiliate thereof, as Trust and its participants and interest, as defined in Section V(e), with described in Section V(b)(1)) or by the beneficiaries; respect to the Plan and the Master Trust same employee organization, and (c) The I/F takes the necessary steps in which such Plan has an interest; and managed in the same Managed Account, to ensure compliance by Weyerhaeuser any transaction between a party in represent less than 10 percent (10%) of with the terms and conditions of the in- interest, as defined in Section V(e), with the assets of the Managed Account; kind contribution of the Assets; respect to any other employee benefit (b) The transaction is not described (d) As of the date the Assets are plan or employee benefit plans in— contributed to the Master Trust, the sponsored by Weyerhaeuser (the Other (1) Prohibited Transaction Exemption contributed value of the Assets is equal Plan(s)) and the Master Trust in which 2006–16 (71 FR 63786; October 31, to the fair market value of the Assets, as such Other Plan(s) have an interest; and 2006) (relating to securities lending determined by the I/F; (b) Any transaction between a party in arrangements) (as amended or (e) The terms and conditions of the in- interest, as defined in Section V(e), and superseded), kind contribution of the Assets are no any employee benefit plan or any (2) Prohibited Transaction Exemption less favorable to the Master Trust than employee benefit plans, as defined in 83–1 (48 FR 895; January 7, 1983) terms negotiated at arm’s length under Section V(i), (the Client Plan(s)), where (relating to acquisitions by plans of such Client Plan has engaged Newco to interests in mortgage pools) (as 7 For purposes of this exemption, references to specific provisions of Title I of the Act, unless act as investment manager within the amended or superseded), or otherwise specified, refer also to the corresponding meaning of section 3(38) of the Act, or (3) Prohibited Transaction Exemption provisions of the Code. where such Client Plan is invested in a 82–87 (47 FR 21331; May 18, 1982)

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(relating to certain mortgage financing Section IV–General Requirements authorized to examine trade secrets of arrangements) (as amended or Applicable to Transactions Described in Newco or its affiliates, as defined in superseded); Section I and Section II of This Section V(l), or commercial or financial (c) The terms of the transaction are Exemption information which is privileged or negotiated on behalf of the Managed (a) Newco or an affiliate, as defined in confidential. Account by, or under the authority and Section V(l), maintains or causes to be Section V—Definitions general direction of, Newco, and either maintained within the United States, for Newco, or (so long as Newco retains full a period of six (6) years from the date (a) For purposes of this exemption, fiduciary responsibility with respect to of each covered transaction, the records the term, Federalway Asset Management the transaction) a property manager necessary to enable the persons LP, and the term, ‘‘Newco,’’ means a acting in accordance with written described, below, in Section fiduciary (as defined in Section V(j)) guidelines established and administered IV(b)(1)(A)–(E), to determine whether which is an investment adviser by Newco, makes the decision on behalf the conditions of this exemption have registered under the Investment of the Managed Account to enter into been met, except that: Advisers Act of 1940 that has total the transaction, provided that the (1) A separate prohibited transaction client assets under its management and transaction is not part of an agreement, will not be considered to have occurred control in excess of $85,000,000, as of arrangement, or understanding designed solely because, due to circumstances the date Newco commences operations, to benefit a party in interest, as defined beyond the control of Newco and/or its and shareholders’ or partners’ equity (as in Section V(e); affiliates, as defined in Section V(l), the defined in Section V(m)) in excess of (d) The party in interest, as defined in records are lost or destroyed prior to the $1,000,000. Section V(e), dealing with the Managed end of the six (6) year period, and (b) For purposes of Section III(a), an Account is neither Newco nor a person (2) No party in interest or disqualified ‘‘affiliate’’ of a person means— related to Newco, within the meaning of person, as defined in Section V(e), other (1) Any person directly or indirectly, Section V(g); than Newco, shall be subject to the civil through one or more intermediaries, (e) At the time the transaction is penalty that may be assessed under controlling, controlled by, or under entered into, and at the time of any section 502(i) of the Act, or to the taxes common control with the person, (2) Any corporation, partnership, trust subsequent renewal or modification imposed by section 4975(a) and (b) of or unincorporated enterprise of which thereof that requires the consent of the Code, if the records are not such person is an officer, director, 10 Newco, the terms of the transaction are maintained, or are not available for percent (10%) or more partner, or highly at least as favorable to the Managed examination, as required by Section compensated employee as defined in Account as the terms generally available IV(b)(1). section 4975(e)(2)(H) of the Code (but in arm’s length transactions between (b)(1) Except as provided in Section only if the employer of such employee unrelated parties; IV(b)(2), and notwithstanding any is the plan sponsor), and (f) Neither Newco nor any affiliate provisions of subsections (a)(2) and (b) of section 504 of the Act, the records (3) Any director of the person or any thereof, as defined in Section V(c), nor employee of the person who is a highly any owner, direct or indirect, of a 5 referred to, above, in Section IV(a) are unconditionally available for compensated employee, as defined in percent (5%) or more interest in Newco section 4975(e)(2)(H) of the Code, or is a person who within the ten (10) examination at their customary location during normal business hours by: who has direct or indirect authority, years immediately preceding the responsibility or control regarding the transaction has been either convicted or (A) Any duly authorized employee or representative of the Department or of custody, management or disposition of released from imprisonment, whichever plan assets involved in the transaction. is later, as a result of: the Internal Revenue Service; (B) Any fiduciary of the Plan, any A named fiduciary (within the meaning (1) Any felony involving abuse or fiduciary of any Other Plan(s), any of section 402(a)(2) of the Act) of a plan misuse of such person’s employee fiduciary of any Client Plan(s), and any with respect to the plan assets involved benefit plan position or employment, or duly authorized representative of such in the transaction and an employer any position or employment with a labor fiduciary; of whose employees are covered by the organization; (C) Any contributing employer to the plan will also be considered affiliates (2) Any felony arising out of the Plan, any contributing employer to any with respect to each other for purposes conduct of the business of a broker, Other Plan(s), any contributing of Section III(a), if such employer or an dealer, investment adviser, bank, employer to any of the Client Plan(s), affiliate of such employer has the insurance company, or fiduciary; and any duly authorized employee authority, alone or shared with others, (3) Income tax evasion; representative of such contributing to appoint or terminate the named (4) Any felony involving the larceny, employer; fiduciary or otherwise negotiate the theft, robbery, extortion, forgery, (D) Any participant or beneficiary of terms of the named fiduciary’s counterfeiting, fraudulent concealment, the Plan, any participant or beneficiary employment agreement. embezzlement, fraudulent conversion, of any Other Plan(s), any participant or (c) For purposes of Section III(f), an or misappropriation of funds or beneficiary of any Client Plan(s), and ‘‘affiliate’’ of a person means— securities; any duly authorized representative of (1) Any person directly or indirectly (5) Conspiracy or attempt to commit such participants or beneficiaries; and through one or more intermediaries, any such crimes or a crime in which any (E) Any employee organization whose controlling, controlled by, or under of the foregoing crimes is an element; or members are covered by the Plan, any common control with the person, (6) Any other crime described in employee organization whose members (2) Any director of, relative of, or section 411 of the Act. For purposes of are covered by the Other Plan(s), and partner in, any such person, this Section III(f), a person shall be any employee organization whose (3) Any corporation, partnership, trust deemed to have been ‘‘convicted’’ from members are covered by any Client or unincorporated enterprise of which the date of the judgment of the trial Plan(s); such person is an officer, director, or a court, regardless of whether that (2) None of the persons, described in 5 percent (5%) or more partner or judgment remains under appeal. Section IV(b)(1)(B) through (E), shall be owner, and

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(4) Any employee or officer of the (B) The capital interest or the profits (1) Can demonstrate, through person who— interest of the entity if the entity is a experience and/or education, (A) Is a highly compensated employee partnership, or proficiency in matters involving the in- (as defined in section 4975(e)(2)(H)) of (C) The beneficial interest of the kind contribution of assets, including the Code or officer (earning 10 percent entity if the entity is a trust or assets such as the Assets which are the (10%) or more of the yearly wages of unincorporated enterprise; and subject of Section I of this exemption; such person), or (2) A person is considered to own an (2) Is an expert with respect to the (B) Has direct or indirect authority, interest if, other than in a fiduciary valuation of assets, such as the Assets, responsibility or control regarding the capacity, the person has or shares the or has the ability to access (itself or custody, management or disposition of authority— through persons engaged by it) plan assets. (A) To exercise any voting rights or to appropriate data regarding the value of (d) For purposes of Section V(b), direct some other person to exercise the assets, such as the Assets, in the Section V(c), and Section V(l), the term, voting rights relating to such interest, or relevant market; (B) To dispose or to direct the ‘‘control,’’ means the power to exercise (3) Has not engaged in any criminal disposition of such interest. activity involving fraud, fiduciary a controlling influence over the (h) For purposes of this exemption, standards, or securities law violations; management or policies of a person the time as of which any transaction other than an individual. occurs is the date upon which the (4) Is appointed to act on behalf of the (e) For purposes of this exemption, transaction is entered into. In addition, Master Trust for all purposes related to the term, ‘‘party in interest,’’ means a in the case of a transaction that is in-kind contribution of the Assets; and person described in section 3(14) of the continuing, the transaction shall be (5) Is independent of and unrelated to Act and includes a ‘‘disqualified deemed to occur until it is terminated. Weyerhaeuser and its affiliates, as person,’’ as defined in Code section If any transaction is entered into on or defined, below, in Section V(l). For 4975(e)(2). after the date of the publication of this purposes of this exemption, a fiduciary (f) For purposes of Section V(c)(2) and exemption in the Federal Register or a will not be deemed to be independent Section V(l)(2), the term, ‘‘relative,’’ renewal that requires the consent of of and unrelated to Weyerhaeuser and means a relative as that term is defined Newco occurs on or after the date of the its affiliates if: in section 3(15) of the Act, or a brother, publication of this exemption in the (i) Such fiduciary directly or a sister, or a spouse of a brother or Federal Register, and the requirements indirectly controls, is controlled by, or sister. of this exemption are satisfied at the is under common control with (g) Newco is ‘‘related’’ to a party in time the transaction is entered into or Weyerhaeuser and its affiliates, as interest for purposes of Section III(d), if, renewed, respectively, the requirements defined, below, in Section V(l), as of the last day of its most recent will continue to be satisfied thereafter (ii) Such fiduciary directly or calendar quarter: (i) Newco owns a 10 with respect to the transaction. Nothing indirectly receives any compensation or percent (10%) or more interest in the in this paragraph shall be construed as other consideration in connection with party in interest; (ii) a person exempting a transaction entered into by any of the transactions described in this controlling, or controlled by, Newco a Managed Account which becomes a exemption; except that an I/F may owns a 20 percent (20%) or more transaction, as described in section 406 receive compensation for acting as an I/ interest in the party in interest; (iii) the of the Act or section 4975 of the Code F in connection with the transactions party in interest owns a 10 percent while the transaction is continuing, contemplated herein, if the amount or (10%) or more interest in Newco; or (iv) unless the conditions of this exemption payment of such compensation is not a person controlling, or controlled by, were met either at the time the contingent upon or in any way affected the party in interest owns a 20 percent transaction was entered into or at the by the I/F’s ultimate decisions, and (20%) or more interest in Newco. time the transaction would have become (iii) The annual gross revenue from Notwithstanding the foregoing, a party prohibited but for this exemption. Weyerhaeuser and its affiliates, as in interest is ‘‘related’’ to Newco if: (i) (i) For purposes of this exemption, the defined, below, in Section V(l), received A person controlling, or controlled by, terms, ‘‘employee benefit plan’’ and by such fiduciary, during any year of its the party in interest has an ownership ‘‘plan,’’ include an employee benefit engagement, does not exceed one interest that is less than 20 percent plan described in section 3(3) of the Act percent (1%) of such fiduciary’s annual (20%) but greater than 10 percent (10%) and/or a plan described in section gross revenue from all sources for its in Newco and such person exercises 4975(e)(1) of the Code, but do not prior tax year. control over the management or policies include a plan sponsored by Newco or (l) For purposes of Section IV(a) and of Newco by reason of its ownership any affiliate of Newco. Section V(k), the term, ‘‘affiliate,’’ interest; (ii) a person controlling, or (j) For purposes of Section V(a), the means: controlled by, Newco has an ownership term ‘‘fiduciary’’ means a fiduciary (1) Any person directly or indirectly interest that is less than 20 percent managing the assets of a plan, as defined through one or more intermediaries, (20%) but greater than 10 percent (10%) in Section V(i), in a Managed Account controlling, controlled by, or under in the party in interest and such person that is independent of and unrelated to common control with the person; exercises control over the management the employer sponsoring such plan. For (2) Any officer, director, employee, or policies of the party in interest by purposes of this exemption, a fiduciary relative, or partner of any such person; reason of its ownership interest. For will not be deemed to be independent and purposes of this definition: of and unrelated to the employer (3) Any corporation or partnership of (1) The term ‘‘interest’’ means with sponsoring the plan, if such fiduciary which such person is an officer, respect to ownership of an entity— directly or indirectly controls, is director, partner, or employee. (A) The combined voting power of all controlled by, or is under common (m) For purposes of Section V(a), the classes of stock entitled to vote or the control with the employer sponsoring term ‘‘shareholders’ or partners’ equity’’ total value of the shares of all classes of the plan. means the equity shown in the balance stock of the entity if the entity is a (k) For purposes of Section I, the term, sheet, as of the date Newco commences corporation, ‘‘I/F,’’ means a fiduciary that: operations, prepared in accordance with

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generally accepted accounting substantive reason why a hearing (b) Before the ESOP enters into the principles. should be held. As no material issues subject transaction, the I/F reviews the relating to the subject transactions were transaction, and determines whether or Temporary Nature of the Exemption raised by the commentators during the not to approve the transaction, in Effective Date: With regard to the comment period which would require accordance with the fiduciary transaction described in Section I, the the convening of a hearing, the provisions of the Act; Department has determined that the Department has determined not to delay (c) The I/F monitors compliance with relief granted with respect to such consideration of the final exemption by the terms and conditions of this transaction shall be effective, as of the holding a hearing on application D– exemption, as described herein, and date of the publication of this 11677. ensures that such terms and conditions exemption in the Federal Register. Accordingly, after full consideration are at all times satisfied; With regard to the transactions and review of the entire record, (d) Sammons provides to the I/F, in a described in Section II, the Department including the comments filed by the timely fashion, all information has determined that the relief granted commentators, the Department has reasonably requested by the I/F to assist with respect such transactions is determined to grant the exemption, as it in making its decision whether or not temporary in nature, and shall be set forth, above. The written comments to approve the transaction; effective, beginning on the date of the submitted to the Department by the (e) The consent dividend will publication of this exemption in the commentators have been included as represent no more than two percent Federal Register and ending on the day part of the public record of the (2%) of the ESOP’s assets in any taxable which is five (5) years from the date of exemption application. Copies of the year within the timeframe of the the publication of this exemption in the written comments have also been exemption herein; Federal Register. Accordingly, relief provided to Weyerhaeuser. The (f) Shares of Sammons stock are held described in this exemption with complete application file (D–11677), in an ESOP suspense account, and are respect to the transactions described in including all supplemental submissions allocated each year to each eligible Section II will not be available upon the received by the Department, is available ESOP participant in accordance with expiration of such five-year period for for public inspection in the Public the applicable provisions of the Code; any new or additional transactions, as Documents Room of the Employee (g) All of the requirements of section described herein, after such date, but Benefits Security Administration, Room 565 of the Code are met with respect to would continue to apply beyond the N–1513, U.S. Department of Labor, 200 the Consent; and expiration of such five-year period for Constitution Avenue NW., Washington, (h) All shareholders of Sammons are continuing transactions entered into DC 20210. requested to consent to the dividend in within the five-year period; provided For a more complete statement of the the manner prescribed under section that the conditions of this exemption facts and representations supporting the 565 of the Code. continue to be satisfied. Should the Department’s decision to grant this For a more complete statement of the applicant wish to extend, beyond the exemption refer to the Notice published facts and representations supporting the expiration of such five-year period, the on January 20, 2012, at 77 FR 3052. Department’s decision to grant this relief provided for new or additional FOR FURTHER INFORMATION CONTACT: Ms. exemption, refer to the notice of transactions, as described in Section II, Angelena C. Le Blanc of the Department, proposed exemption published on the Applicants may submit another telephone (202) 693–8540. (This is not November 14, 2011 at 76 FR 70503, and application for exemption. In this a toll-free number.) the notice of amendment to the regard, the Department expects that proposed exemption published on prior to filing another exemption Sammons Enterprises, Inc. Employee March 30, 2012 at 77 FR 19338. application seeking relief for new or Stock Ownership ESOP (the ESOP) Temporary Nature of Exemption: This additional transactions, as described in Located in Dallas, Texas exemption will expire at the earlier of Section II, the Applicants should be [Prohibited Transaction Exemption 2012–13; (i) the first day of Sammons’ first fiscal prepared to demonstrate compliance Exemption Application Number D–11679] year next following the fiscal year in with the conditions of this exemption. which falls the fifth anniversary of the Exemption date of grant of the exemption; and (ii) Written Comments The restrictions of sections the first day upon which the ESOP fails In the Notice of Proposed Exemption 406(a)(1)(A) and (D), 406(b)(1), and to own at least 99% of the issued and (the Notice), the Department invited all 406(b)(2) of the Act, and the sanctions outstanding shares of Sammons. interested persons to submit written resulting from the application of section FOR FURTHER INFORMATION CONTACT: Gary comments and requests for a hearing on 4975 of the Code, by reason of section H. Lefkowitz of the Department, the proposed exemption within fifty 4975(c)(1)(A), (D) and (E) of the Code, telephone (202) 693–8546. (This is not (50) days of the date of the publication shall not apply to the personal holding a toll-free number.) of the Notice in the Federal Register on company consent dividend election (the January 20, 2011. All comments and Consent) with respect to Sammons General Information requests for hearing were due by March Enterprises, Inc. (Sammons), by the The attention of interested persons is 12, 2012. Although during the comment trustee of the ESOP, provided that the directed to the following: period, the Department received following conditions are satisfied: (1) The fact that a transaction is the numerous telephone calls, emails, and (a) The trustee of the ESOP is an subject of an exemption under section letters from commentators, none of the independent, qualified fiduciary (the I/ 408(a) of the Act and/or section commentators raised any substantive F), acting on behalf of the ESOP, which 4975(c)(2) of the Code does not relieve issues with respect to the transactions determines prior to entering into the a fiduciary or other party in interest or which are the subject of this exemption. transaction that the transaction is disqualified person from certain other During the comment period, the feasible, in the interest of, and provisions to which the exemption does Department also received two requests protective of the ESOP and the not apply and the general fiduciary from commentators for a hearing, but participants and beneficiaries of the responsibility provisions of section 404 the commentators did not provide a ESOP; of the Act, which among other things

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require a fiduciary to discharge his exemptions, unless otherwise stated in comment and to request a hearing duties respecting the plan solely in the the Notice of Proposed Exemption, (where appropriate). interest of the participants and within 45 days from the date of The proposed exemptions were beneficiaries of the plan and in a publication of this Federal Register requested in applications filed pursuant prudent fashion in accordance with Notice. to section 408(a) of the Act and/or section 4975(c)(2) of the Code, and in section 404(a)(1)(B) of the Act; nor does ADDRESSES: Comments and requests for accordance with procedures set forth in it affect the requirement of section a hearing should state: (1) The name, 29 CFR Part 2570, Subpart B (76 FR 401(a) of the Code that the plan must address, and telephone number of the 66637, 66644, October 27, 2011).1 operate for the exclusive benefit of the person making the comment or request, Effective December 31, 1978, section employees of the employer maintaining and (2) the nature of the person’s 102 of Reorganization Plan No. 4 of the plan and their beneficiaries; interest in the exemption and the 1978, 5 U.S.C. App. 1 (1996), transferred (2) This exemption is supplemental to manner in which the person would be the authority of the Secretary of the and not in derogation of, any other adversely affected by the exemption. A Treasury to issue exemptions of the type provisions of the Act and/or the Code, request for a hearing must also state the requested to the Secretary of Labor. including statutory or administrative issues to be addressed and include a Therefore, these notices of proposed exemptions and transactional rules. general description of the evidence to be exemption are issued solely by the Furthermore, the fact that a transaction presented at the hearing. All written is subject to an administrative or Department. comments and requests for a hearing (at The applications contain statutory exemption is not dispositive of least three copies) should be sent to the whether the transaction is in fact a representations with regard to the Employee Benefits Security proposed exemptions which are prohibited transaction; and Administration (EBSA), Office of (3) The availability of this exemption summarized below. Interested persons Exemption Determinations, Room N– is subject to the express condition that are referred to the applications on file 5700, U.S. Department of Labor, 200 the material facts and representations with the Department for a complete Constitution Avenue NW., Washington, contained in the application accurately statement of the facts and DC 20210. Attention: Application No. describes all material terms of the representations. lll, stated in each Notice of transaction which is the subject of the Proposed Exemption. Interested persons Meridian Medical Associates, S.C., exemption. are also invited to submit comments Employees’ Retirement Plan and Trust Signed at Washington, DC, this 25th day of and/or hearing requests to EBSA via (the Plan), Located in Joliet, Illinois May 2012. email or FAX. Any such comments or [Exemption Application No. D–11649] Lyssa E. Hall, requests should be sent either by email Acting Director of Exemption Determinations, to: [email protected], or by FAX to Proposed Exemption Employee Benefits Security Administration, (202) 219–0204 by the end of the The Department is considering U.S. Department of Labor. scheduled comment period. The granting an exemption under the [FR Doc. 2012–13263 Filed 5–31–12; 8:45 am] applications for exemption and the authority of section 408(a) of the Act BILLING CODE 4510–29–P comments received will be available for and section 4975(c)(2) of the Code and public inspection in the Public in accordance with the procedures set Documents Room of the Employee forth in 29 CFR Part 2570, Subpart B (55 DEPARTMENT OF LABOR Benefits Security Administration, U.S. FR 32836, 32847, August 10, 1990). Department of Labor, Room N–1513, Employee Benefits Security 200 Constitution Avenue NW., I—Transactions Administration Washington, DC 20210. If the exemption is granted, the Warning: If you submit written restrictions of sections 406(a)(1)(A), Proposed Exemptions From Certain comments or hearing requests, do not 406(a)(1)(D), 406(b)(1), and 406(b)(2) of Prohibited Transaction Restrictions include any personally-identifiable or the Act and the sanctions resulting from AGENCY: Employee Benefits Security confidential business information that the application of section 4975 of the Administration, Labor. you do not want to be publicly- Code, by reason of section 4975(c)(1)(A), ACTION: Notice of Proposed Exemptions. disclosed. All comments and hearing 4975(c)(1)(D), and 4975(c)(1)(E) of the requests are posted on the Internet Code, will not apply to: SUMMARY: This document contains exactly as they are received, and they (a) The cash purchase (the Purchase) notices of pendency before the can be retrieved by most Internet search by the Plan (formerly, the Will County Department of Labor (the Department) of engines. The Department will make no Medical Associates, S.C. Employees’ proposed exemptions from certain of the deletions, modifications or redactions to Retirement Plan & Trust) of a 52 percent prohibited transaction restrictions of the the comments or hearing requests (52%) beneficial ownership interest in a Employee Retirement Income Security received, as they are public records. parcel of improved real property (the Act of 1974 (ERISA or the Act) and/or SUPPLEMENTARY INFORMATION: Annex) located in Joliet, Illinois, from the Internal Revenue Code of 1986 (the the JMG Property, LLC (the LLC), a party Code). This notice includes the Notice to Interested Persons in interest with respect to the Plan; following proposed exemptions: D– Notice of the proposed exemptions (b) The entry by the Plan through a 11649, Meridian Medical Associates, will be provided to all interested land trust (no. 6722), into a lease (the S.C, Employees’ Retirement Plan and persons in the manner agreed upon by Annex Lease) with Meridian Medical Trust (the Plan); D–11710, El Paso the applicant and the Department Associates, S.C. (the Employer) Corporation Retirement Savings Plan within 15 days of the date of publication (formerly, the Will County Medical (the Plan); and D–11714, Ed Laur in the Federal Register. Such notice Defined Benefit Plan (the Plan). shall include a copy of the notice of 1 The Department has considered exemption DATES: applications received prior to December 27, 2011 All interested persons are invited proposed exemption as published in the under the exemption procedures set forth in 29 CFR to submit written comments or requests Federal Register and shall inform Part 2570, Subpart B (55 FR 32836, 32847, August for a hearing on the pending interested persons of their right to 10, 1990).

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Associates, S.C.), as lessee, of a 52 decisions pertaining to the acquisition, current base rent under the Annex percent (52%) beneficial ownership holding, management, and disposition Lease, then the base rent is revised by interest in the Annex; and of the Plan’s interest in the Annex. To the I/F to reflect the increase in fair (c) The personal guarantees, jointly the extent that a conflict occurs, the market value of the Annex, as and severally, by each of the I/F has, by its written agreement, the established by such appraisal. If twelve shareholders of the Employer of the sole authority acting on behalf of the percent (12%) of the fair market value obligations of such Employer under the Plan to determine the resolution of any of the Annex, established by such terms of the Annex Lease; provided that conflict that arises from the shared appraisal at the time of any such the conditions set forth, below, in beneficial ownership of the Annex by adjustment, is less than or equal to the Section II are satisfied. the Plan and the LLC and that such then current base rent, then the base determination shall be binding on the rent remains unchanged by the I/F; II—Conditions LLC; and (6) The terms of the Annex Lease are (a) With respect to the Purchase by (9) The Plan does not incur any fees, triple net, such that the Employer, as the Plan of a 52 percent (52%) beneficial costs, commissions, or other charges as lessee, is responsible for paying, in ownership interest in the Annex from a result of engaging in the Purchase, addition to monthly rent, all costs for the LLC: other than the necessary and reasonable maintenance, taxes, utilities, and (1) The Purchase is a one-time fees payable to the I/F and to the insurance on the Annex; transaction for cash; independent, qualified appraiser, (7) Prior to entering into any renewal (2) The terms and conditions of the respectively. of the Annex Lease, the I/F, acting on Purchase are no less favorable to the (b) With respect to the Annex Lease: behalf of the Plan, approves such Plan than those obtainable by the Plan (1) The terms and conditions of the renewal beyond the initial term of such under similar circumstances when Annex Lease are no less favorable to the lease; and negotiated at arm’s length with Plan than those obtainable by the Plan (8) The Plan does not incur any fees, unrelated third parties; under similar circumstances when any costs, any commissions, and any (3) Prior to entering into the Purchase, negotiated at arm’s length with other charges and expenses as a result an independent, qualified fiduciary (the unrelated third parties; of entering into the Annex Lease, other I/F) determines that the Purchase is in (2) Prior to entering into the Annex than the necessary and reasonable fees the interest of, and protective of the Lease, the I/F, acting on behalf of the payable to the I/F and payable to the Plan and of its participants and Plan, negotiates, reviews, and approves independent, qualified appraiser, beneficiaries; the terms and conditions of the Annex respectively. (4) The I/F negotiates, reviews, and Lease, and determines that the Annex Summary of Facts and Representations approves the terms of the Purchase prior Lease is in the interest of, and protective to the consummation of such Purchase; of the Plan and its participants and 1. The Plan is a defined contribution (5) The acquisition price paid by the beneficiaries; plan with a cash or deferred Plan for a 52 percent (52%) beneficial (3) The I/F monitors and enforces compensation arrangement. The Plan ownership interest in the Annex is not compliance with the conditions of this was established on January 20, 1972, more than the fair market value of such exemption and monitors and enforces and has been amended and restated on interest, as determined by an compliance with all of the terms of the several occasions since that date, the independent, qualified appraiser, as of Annex Lease throughout the initial term latest being March 10, 2010. The Plan the date of the Purchase; of such lease and throughout the had, as of December 31, 2011, total (6) An independent, qualified duration of each renewal of such lease, assets valued at approximately appraiser determines, as of the date of and is also responsible for legally $31,197,086. It is represented that the the Purchase, the fair market value of a enforcing the payment of rent and the most recent update of the number of parcel of improved real property (the proper performance of all other participants in the Plan is dated Original Facility), which is adjacent to obligations of the Employer under the December 31, 2010, as reflected on the the Annex, and in which the Plan holds terms of such lease; Plan’s Form 5500. As of December 31, a 100 percent (100%) beneficial (4) The rent paid to the Plan by the 2010, the Plan had 277 participants, ownership interest through a land trust Employer under the initial term of the including former employees with (no. 2024); Annex Lease, and the rent paid to the deferred benefits. The Plan maintains an (7) Immediately following the Plan by the Employer during each individual account for each such Purchase, the combined fair market renewal of such lease, is based upon the participant. Some of the participants in value of the Plan’s 52 percent (52%) fair market value of the Annex, as the Plan are also shareholders of the beneficial ownership interest in the established by an independent, Employer. Some of the shareholders of Annex and the fair market value of the qualified appraiser at the time of such the Employer also serve as the trustees Plan’s 100 percent (100%) beneficial initial term and at the time of each of the Plan (the Trustees). The Trustees ownership interest in the Original renewal of such lease; are parties in interest and fiduciaries Facility when added together (the (5) The rent under the Annex Lease is with respect to the Plan, pursuant to Combined Facility) does not exceed 20 adjusted at the commencement of the section 3(14)(A) of the Act. The Trustees percent (20%) of the fair market value second year of the term of such lease are elected by the Board of Directors of of the total assets of the Plan; and is adjusted every second year the Employer (the Board). It is (8) In the event of any actual or thereafter by the I/F, based on an represented that the Trustees have the potential divergence of interests appraisal of the fair market value of the exclusive right to decide on investments between the Plan and the LLC, that Annex, as established by an for the Plan without a recommendation results as a consequence of their shared independent, qualified appraiser at the from the Board. ownership interest in the Annex, the time of each such adjustment of rent. If 2. The sponsor of the Plan is the I/F takes appropriate steps to resolve twelve percent (12%) of the fair market Employer, an Illinois medical such conflicts of interest and in all value of the Annex, established by such corporation which was incorporated on events acts prudently and solely in the appraisal at the time of any such November 29, 1971. As the sponsor of interest of the Plan with respect to all adjustment, is greater than the then the Plan, the Employer is a party in

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interest with respect to the Plan, the rights of the Plan with respect to Facility) would remain $32,000 pursuant to section 3(14)(C) of the Act. such transactions. monthly. It is represented that, with The Employer is engaged in the general 5. In 2001, the Department issued respect to both the 1981 Lease and the practice of medicine. The Employer another Prohibited Transaction 1999 Lease of the Original Facility, the conducts its operations in both the Exemption 2001–25 (PTE 2001–25),3 to Employer has always paid the rent on Original Facility and in the Annex. The the same applicants 4 which provided time and has otherwise complied with Employer employs 45 physicians and retroactive and prospective relief for a the terms and conditions of such leases more than 200 staff and administrative lease (the 1999 Lease) to the Employer and the terms and conditions of PTE personnel. Some of the employees are of the Original Facility by First Midwest 81–96 and PTE 2001–25. also shareholders of the Employer. Trust Company of Joliet, Illinois (FMB),5 6. The Annex which is the subject of as the holder of legal title under the this proposed exemption is physically 3. The LLC is a limited liability terms of a land trust (no. 2024), and by connected to the Original Facility by company established on June 24, 2004, the Plan, as beneficial owner of the means of a single-story entrance foyer for the purpose of purchasing the Annex Original Facility. The term of the 1999 and reception area that is a part of the and leasing it to the Employer. In July Lease was for a period of five (5) years Annex structure. Although the Annex 2011, there were twenty-two (22) (1999–2004), with an option to renew and the Original Facility occupy members of the LLC. All of the members and extend such lease for two (2) adjacent parcels, both properties share of the LLC are current or former additional successive terms of five (5) the same street address, 2100 Glenwood shareholders of the Employer. The years each, subject to the approval of Avenue in Joliet, Illinois. Trustees of the Plan are also members of FMB, acting as the independent, The Employer purchased the Annex the LLC. It is represented that the LLC qualified fiduciary under PTE 2001–25.6 on July 13, 2001, from Blue Cross and is a party in interest with respect to the Accordingly, it is represented that, since Blue Shield of Illinois, an unrelated Plan, pursuant to section 3(14)(G) of the 1981 FMB or a predecessor has served third party, for a purchase price of Act. as the I/F with respect to the Plan in $3,757,731.15. The Annex consists of 4. In 1981, the Department granted an connection with PTE 81–96 and PTE approximately 1.93 acres of real individual exemption, Prohibited 2001–25. property improved by a single-story Transaction Exemption 81–96 (PTE 81– Under the terms of the 1999 Lease, the medical office building completed in 96),2 which permitted the Plan to Employer leased the Original Facility 1996, including a parking lot with 117 purchase the Original Facility from the for a ‘‘floating’’ monthly rental rate of spaces. The medical office building Employer. The Original Facility consists one percent (1%) of the then appraised contains approximately 13,600 square of approximately 2.28 acres of real value ($3,200,000) of the Original feet of space at the ground level and property improved by a two-story Facility ($3,200,000 times .01 equals another 11,128 square feet at the medical office building, completed in $32,000), or twelve percent (12%) of the basement level, for a total of 1969, including a parking lot with 90 fair market value of the Original Facility approximately 24,728 square feet of spaces. The Original Facility contains on an annualized basis ($3,200,000 space. On June 28, 2004, the Employer approximately 10,583 square feet on times .12 equals $384,000). The terms of PTE 2001–25 require that an transferred full legal ownership of the each floor for a total (above ground) of independent, qualified appraiser update Annex to a land trust (no. 6722) approximately 21,166 square feet. In the rent every other year, but that the controlled by FMB, as trustee. In this addition, the Original Facility has a minimum guaranteed monthly rent regard, it is represented that in Illinois fully finished basement containing (regardless of any possible decrease in a land trust exists only to hold title and approximately 10,583 square feet of the appraised value of the Original to facilitate easy transfer of property additional space. Further, PTE 81–96 without expense and administrative permitted the Employer to extend credit 3 66 FR 40734, August 3, 2001. process of re-recording instruments of at an interest rate of 6 percent (6%) per 4 At the time that the Department issued PTE 81– transfer with the county. As discussed annum to the Plan in connection with 96 and at the time the Department issued PTE above, FMB also serves as the trustee of the purchase by the Plan of the Original 2001–25, the Employer was known as the ‘‘Joliet Medical Group, Ltd.,’’ and the Plan was known as the land trust (no. 2024) with respect to Facility. Currently, however, it is the ‘‘Joliet Medical Group, Ltd. Employee the legal ownership of the Original represented that there are no mortgages, Retirement Plan and Trust.’’ Facility. As such, FMB currently holds no liens, and no other encumbrances of 5 It is represented that in 1983 First Midwest 100 percent (100%) legal title to both title on the Original Facility. In Bancorp, Inc., a bank holding company, purchased the Original Facility and the Annex. It UNB, and the name of UNB was subsequently addition, PTE 81–96 permitted the Plan changed to First Midwest Bank and Trust. It is is represented that FMB, as trustee for to lease the Original Facility (the 1981 represented that First Midwest Bank and Trust, the land trusts (nos. 6722 and 2024), has Lease) to the Employer under triple net First Midwest Trust Company, and First Midwest no discretionary authority and serves terms for a minimum guaranteed rent of Bank whenever referred to in the application all represent the same entity and will be referred to only as a directed trustee with respect $263,000 for a period of 18 years ending herein as FMB. to such land trusts. It is represented that on November 1, 1999. Union National 6 It is represented that FMB agreed in 2004 and legal ownership held by FMB of the Bank and Trust Co. (UNB) of Joliet, again in 2009 to the exercise of each of the five (5) Original Facility and the Annex will not Illinois, an independent party, year term extensions permitted under the 1999 be affected by the proposed Purchase Lease. Accordingly, the exemptive relief provided represented at the time the 1981 Lease by PTE 2001–25 with respect to the leasing by the transaction. Further, it is represented was entered that the transactions which Plan of the Original Facility to the Employer shall that the Plan’s current 100 percent were the subject of PTE 81–96 were in cease, as of October 31, 2014, upon the expiration (100%) beneficial ownership interest in the interest of the Plan and that the of the second five (5) year term extension of the 1999 Lease. The Department notes that, should the the Original Facility will not be affected terms of such transactions were arm’s transactions which are the subject of this proposed by the proposed Purchase transaction. length. UNB also was responsible for exemption be granted, such final exemption does On June 30, 2004, acting as the legal monitoring the transactions which were not alter the terms and conditions of PTE 2001–25 owner of the Annex through the land the subject of PTE 81–96 and exercising with respect to the leasing by the Plan of the trust (no. 6722), FMB executed a written Original Facility to the Employer and will not extend the relief provided under PTE 2001–25 to assignment of 100 percent (100%) of the 2 46 FR 53816, October 30, 1981. such lease beyond October 31, 2014. beneficial ownership interest in the

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Annex to the LLC. It is represented that market value of a 52 percent (52%) Batis has also represented that the on July 1, 2004, the Employer entered beneficial ownership interest in the foregoing valuations do not require into a triple net lease of the Annex with Annex and the fair market value of the adjustment for the assemblage value of FMB, as legal owner, and the LLC, as Original Facility will be updated as of the Combined Facility, because the the beneficial owner, for a term of five the date of the purchase by the Plan. Annex and the Original Facility can be (5) years with successive one (1) year The Plan retained Mr. Joseph E. Batis, marketed as separate and independent renewal options, unless either party (Mr. Batis), an accredited appraiser with properties based upon the fact that the provides a written notice of termination Edward J. Batis & Associates, Inc. of entrance foyer connecting these two or written notice of intent not to renew. Joliet, Illinois, to inspect the Annex and buildings can easily be removed. The base rent for the Annex for each the Original Facility, and to render an 11. In addition to the Purchase lease year under the terms of this lease opinion as to the fair market value of transaction, the Employer also seeks an was $271,200, payable in equal monthly each of these properties. Mr. Batis is exemption to enter into the Annex installments of $22,600. It is represented qualified in that he has actively engaged Lease, under which FMB, as legal that pursuant to this lease of the Annex, since 1983 in the practice of real estate owner, and the Plan, as beneficial the Employer, as lessee, has paid analysis and valuation counseling, and owner, will lease a 52 percent (52%) monthly rent for the use of the Annex has acquired extensive experience in the beneficial ownership interest in the to FMB, acting as the lessor. FMB, in valuation of partial interests in property. Annex to the Employer. turn, has transmitted all rental In addition, Mr. Batis has been a The proposed entry into the Annex payments received from the Employer to member of the MAI Appraisal Institute Lease is feasible in that the terms of the LLC, as the current 100 percent since 1994, and is also certified by the such lease will be evidenced by a (100%) beneficial owner of the Annex. State of Illinois as a general real estate written document. Pursuant to the terms 7. Relief is requested for the proposed appraiser. of the Annex lease, the Plan will receive Purchase by the Plan from the LLC of a Mr. Batis represents that both he and 52 percent (52%) of all rental payments 52 percent (52%) beneficial ownership his firm are independent of the made by the Employer under such interest in the Annex. Specifically, the Employer, and the LLC. It is represented Lease. In addition, the terms of the applicant requests relief from sections that any fees received from the Annex Lease provide for an initial term 406(a)(1)(A), 406(a)(1)(D), 406(b)(1), and Employer, as well as any fees received of ten (10) years, with an option to 406(b)(2) of the Act, because the LLC is from the LLC, have never equaled or renew and extend such lease for two (2) a party in interest with respect to the exceeded one percent (1%) of the additional successive terms of five (5) Plan. As a result of the proposed annual gross billings of Edward J. Batis years, each of which is subject to the Purchase, the LLC, which currently and Associates, Inc. approval of PBTC, acting as the I/F on holds a 100 percent (100%) beneficial As of February 15, 2012, Mr. Batis behalf of the Plan, as discussed below. ownership interest in the Annex, will issued separate appraisal reports The annual lease payments payable by retain only a 48 percent (48%) addressing the fair market value of the the LLC to the Plan under the terms of beneficial ownership interest in the Annex and the fair market value of the the Annex Lease will be twelve percent Annex. Original Facility. In conducting his (12%) of the fair market value (currently 8. The proposed Purchase transaction valuations of the Annex and the $4,600,000) of the Annex ($4,600,000 is feasible in that it will be a one-time Original Facility, Mr. Batis considered times .12 equals $552,000 a year), or the transaction for cash. Further, it is the three valuation methodologies equivalent of $22.32 per square foot. represented that the proposed Purchase commonly utilized in arriving at a value The minimum guaranteed monthly base transaction is protective of the Plan and estimate: (i) The cost approach, (ii) the rent under the Annex Lease (regardless its participants and beneficiaries. In this direct sales comparison approach, and of any possible decrease in the regard, as discussed more fully, below, (iii) the income approach. In this regard, appraised fair market value of the Private Bank and Trust Company Mr. Batis concluded that the direct sales Annex) shall be $46,000 or one percent (PBTC) has represented that it will act comparison approach and the income (1%) of the fair market value (currently as the I/F on behalf of the Plan with approach were suitable for the valuation $4,600,000) of such Annex ($4,600,000 regard to the transactions which are the of the Annex and for the valuation of times .01 equals $46,000). subject of this proposed exemption. the Original Facility. Mr. Batis 12. It is represented that the proposed 9. It is represented that FMB, as represents that the cost approach was Annex Lease is in the interest of the mortgagee, currently holds a mortgage excluded, because there has not been Plan and the participants and on the Annex in the amount of sufficient new construction in the local beneficiaries of the Plan in that the rent approximately $3,100,000 with the LLC, market to support such an approach. In payments under the Annex Lease will as the mortgagor. However, it is the final appraisal reconciliation of the provide a fixed return to the account represented that the Purchase fair market value of the Annex and the balances of participants in the Plan and transaction will be protective of the Plan fair market value of the Original will represent an opportunity to in that the Plan’s 52 percent (52%) Facility, Mr. Batis placed more weight generate a guaranteed cash flow for the beneficial ownership interest in the on the results of the direct sales Plan. Annex will be free and clear of any comparison approach, because the 13. It is represented that the entry into liens, notes, or encumbrances on such primary appeal of the Annex and the the Annex Lease is protective of the Annex. Original Facility is to an owner- Plan, because the terms of the Annex 10. It is further represented that the occupant. After physically inspecting Lease are no less favorable to the Plan proposed Purchase is protective of the both properties, analyzing all relevant than those obtainable by the Plan under Plan and its participants and data, and reconciling the applicable similar circumstances when negotiated beneficiaries, in that the purchase price valuation methodologies, Mr. Batis at arm’s length with unrelated third to be paid by the Plan for a 52 percent determined that the fair market value of parties. In this regard, Mr. Batis, in a (52%) beneficial ownership interest in the Annex was $4,600,000, as of letter dated, March 16, 2012, the Annex will be determined by an February 15, 2012, and that the fair determined the fair market monthly independent, qualified appraiser. market value of the Original Facility rental value of the Annex. In making Further, it is represented that the fair was $3,800,000, as of the same date. Mr. this determination, Mr. Batis considered

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the commercial rents charged per square aggregate in excess of $10,000,000, verifying the appraised value of the foot at six (6) comparable medical office which is well in excess of the Annex on the date of the Purchase and buildings in the local area, and obligations of the Employer under the ascertaining that no fees are paid by the ascertained that the market rents for terms of the Annex Lease, including but Plan in consummating the Purchase properties similar to the Annex ranged not limited to the payment of rent for through the transfer of beneficial from $10.00 to $22.50 per square foot. the initial ten (10) year term. interests; (f) analyzing the terms of the Based on this information, Mr. Batis 15. PBTC has been retained by the Annex Lease to determine whether such concluded that the fair market monthly Plan to serve as the I/F for purposes of lease provisions are reasonable and rental value of the Annex should reflect the transactions described in this whether the rental rate is at, or better $22.32 per square foot applicable to the proposed exemption. PBTC than, market value; (g) monitoring the total area of the Annex which includes acknowledges and accepts its collection of monthly rent and the 13,600 square feet of area on the main responsibilities as the I/F with respect transmittal of such rent to the Plan; (h) level and 11,128 square feet of finished to the proposed exemption. It is monitoring that the monthly rent is area on the lower level. represented that PBTC will take twelve percent (12%) of the appraised Under the terms of the Annex Lease, whatever actions are necessary to value of the Annex; (i) monitoring Schedule A provides for an annual rent protect the interests of the Plan. compliance by the Employer with the equal to 12 percent (12%) of the fair In a letter dated November 8, 2011, conditions of the exemption and with market value of the Annex; provided Ms. Kelly C. White, Trust Officer for the terms and conditions of the Annex that any decrease in the value of the PBTC, represents that PBTC is Lease, throughout the duration of such Annex shall not be considered in independent and qualified to serve as lease and each renewal of such lease, determining the annual rent amount for the I/F for the Plan. PBTC is and assuming responsibility for legally the Annex. Accordingly, the annual independent of the Employer and the enforcing payment of the rent and the lease payments payable by the Employer LLC. It is represented that any fees for proper performance of all other for the Annex should reflect twelve services rendered by PBTC in the past obligations of the Employer under the percent (12%) of the fair market value twelve (12) months to the Employer, to Annex Lease; (j) verifying that the ($4,600,000) of the Annex or the the LLC, and to the Plan, including aggregated fair market value of the equivalent of $46,000 monthly rent and services rendered as the I/F, will not Original Facility and the Annex does annual rental of $552,000. In his letter exceed one percent (1%) of the revenue not exceed 20 percent (20%) of the total dated March 16, 2012, Mr. Batis generated by PBTC in the past year. assets of the Plan at the time of the PBTC is qualified to serve as the I/F concluded that based on comparable Purchase; (k) certifying annually that all for the Plan, because it has been rental properties, the Annex rents rents for the year have been collected providing private trust services since (determined at 12 percent (12%) of fair and all distributions made; and (l) the 1991. Not only does PBTC provide market value of the Annex) are within providing quarterly statements. a wide range of trust services, PBTC also the range of fair market rents in the local In addition to the foregoing duties, has expertise with respect to qualified market. It is represented that Mr. Batis PBTC, acting as the I/F, has reviewed retirement plans and directed will update the fair market monthly the appraisal reports for both the Annex individual retirement accounts. As of rental value the Annex, as of the date of and the Original Facility that were June 30, 2011, PBTC had $12.5 billion the entry into the Annex Lease. It is prepared by Mr. Batis. In particular, further represented that a new appraisal in assets. In agreeing to serve as the I/F for PBTC has reviewed the appraisal by an independent, qualified appraiser methodologies utilized by Mr. Batis, the will be performed every 24 months to purposes of this proposed exemption, PBTC has enumerated a variety of duties independent, qualified appraiser, and update the rent under the Annex Lease. has determined that Mr. Batis’ 14. In addition to the Purchase that it has discharged or will discharge methodology and his conclusions transaction, the applicant also seeks an acting on behalf of the Plan. Among concerning the fair market value of the exemption for the personal guarantees, other things, the responsibilities of Annex and the Original Facility are jointly and severally, by each of the PBTC include: (a) Negotiating, persuasive and sound. PBTC will also shareholders of the Employer of the reviewing, and approving the terms and obligations of such Employer under the conditions of the Purchase, and be responsible for reviewing the terms of the Annex Lease between the determining whether the Purchase in appraisal reports for the Annex, as Plan and the Employer. It is represented the interests of, and protective of, the submitted every 24 months to determine that each of these guarantors under the Plan and its participants and that the correct amount of rent is Annex Lease, as an employee of the beneficiaries; (b) negotiating, reviewing, charged to the Employer. Employer, is a party in interest with and approving the terms and conditions In connection with its duties as the respect to the Plan, pursuant to section of the Annex Lease, and determining I/F acting on behalf of the Plan with 3(14)(H) of the Act. whether such lease is in the interests of, respect to the transactions described in It is represented that the proposed and protective of, the Plan and its this proposed exemption, PBTC has the personal guarantees are in the interest of participants and beneficiaries; (c) responsibility of resolving all other and protective of the Plan and the determining that the terms and issues that might arise associated with participants and beneficiaries of the conditions of the Purchase are no less the Plan’s beneficial ownership of and Plan, because in the event of a default favorable to the Plan than those leasing of the Annex in the best interests by the Employer, the Plan has recourse obtainable by the Plan under similar of the Plans participants and to the shareholders of the Employer for circumstances when negotiated at arm’s beneficiaries. Further, PBTC is satisfaction of the Employer’s length with unrelated third parties; (d) responsible for any issues that may arise obligations under the terms of the determining that the terms and in connection with the co-ownership of 7 Annex Lease, including but not limited conditions of the Annex Lease are no the Annex by the Plan and the LLC. In to the payment of rent for the initial ten less favorable to the Plan than those 7 The Department notes that, in the event the (10) year term. The proposed personal obtainable by the Plan under similar proposed exemption is granted, the Purchase by the guarantees are feasible in that these circumstances when negotiated at arm’s Plan of a partial beneficial ownership interest in the guarantors have a net worth in the length with unrelated third parties; (e) Annex from the LLC would result in a co-investing

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this regard, PBTC represents that in the repairs and the cost of repairs, (d) issues prevent an undue concentration of the event of any actual or potential associated with any government action Plan’s assets in any particular divergence of interests between the Plan or eminent domain, and (e) other issues investment. and the LLC, as a consequence of their associated with joint ownership of the With respect to the percentage of the shared beneficial ownership interest in Annex and rental of the properties. Plan’s assets involved in the proposed the Annex, PBTC in all events will act Specifically, it is represented that in transaction, Mr. Batis, in his appraisal prudently and solely in the interest of the event of late payment or non- report, dated February 15, 2012, the Plan with respect to all decisions payment of rent by the Employer, PBTC determined that the fair market value of pertaining to the acquisition, holding, will pursue its remedies under the the Annex was $4,600,000. A 52 percent management, and disposition of the Annex Lease to ensure payment, (52%) beneficial ownership interest in Plan’s beneficial ownership interest in including the option of bringing a the Annex would equal $2,392,000 the Annex. Further, to the extent that a lawsuit against the Employer. In this ($4,600,000 times .52 equals conflict occurs, the I/F has, by its regard, given that rent has been timely $2,392,000). Accordingly, the fair written agreement, the sole authority paid in the past, PBTC does not market value of the Plan’s 52 percent acting on behalf of the Plan to determine anticipate any issue arising in the near (52%) beneficial ownership interest in the resolution of any conflict that arises future. the Annex ($2,392,000) would from the shared beneficial ownership of If an opportunity arises to sell the constitute approximately 7.667 percent the Annex by the Plan and the LLC and Annex to an unrelated third party, PBTC (7.667%) of the Plan’s total assets of that such determination shall be binding will ensure that the Plan will receive the $31,197,086, as of December 31, 2011. on the LLC. greater of the fair market value of the Further, in his appraisal report, dated In a letter, dated November 8, 2011, Plan’s beneficial ownership interest in February 15, 2012, Mr. Batis also PBTC made additional representations the Annex at the time of the sale or the determined that the fair market value of concerning how it proposes to respond original purchase price paid by the Plan the Plan’s 100 percent (100%) beneficial to potential issues that may emerge as to acquire such interest, so that the Plan ownership interest in the Original a consequence of the shared beneficial will not lose principal. It is further Facility was $3,800,000. So, the fair co-ownership of the Annex between the represented that PBTC will undertake to market value of the Plan’s 100 percent Plan and the LLC in the following obtain for the Plan the best price (100%) beneficial ownership in the situations: (a) Issues associated with late possible for the sale of the Plan’s Original Facility ($3,800,000) comprises payment or non-payment of rents, (b) beneficial ownership interest in the an additional 12.180 percent (12.180%) issues associated with the possible sale Annex (provided that it would be in the of the value of the Plan’s total assets of the Annex to third parties, (c) issues interest of the Plan to sell such interest). $31,197,086, as of December 31, 2011. associated with the necessity of major In the event that repairs to the medical Accordingly, as a result of the proposed office building located on the Annex are Purchase transaction, the Plan’s arrangement between the Plan and the LLC, which required during the term of the Annex aggregate beneficial ownership interest in turn could give rise to conflicts of interest Lease, PBTC notes that the Employer, as in the Combined Facility (7.667% and between these parties. In this regard, section lessee, would be responsible for the 12.180%) attributable to the Plan’s 406(b)(1) of the Act prohibits the fiduciary of a plan costs associated with such repairs, and interest in the Annex and the Original from dealing with plan assets in his or her own interests or for his or her own account. In addition, that in the event of major repairs which Facility, respectively) constitutes section 406(b)(2) of the Act specifically prohibits are caused by fire or weather, the approximately 19.847 percent plan fiduciaries in their individual or in any other damage to the building would be (19.847%) of the Plan’s total assets, as capacity from acting in any transaction involving covered by insurance. If the Employer is of December 31, 2011. the plan on behalf of a party (or representing a After analyzing the terms and party) whose interests are adverse to the interests unable to bear the costs of repairs, or in of the plan or the interests of its participants or the rare event some emergency threatens conditions of the proposed Purchase beneficiaries. Accordingly, the Department notes the integrity of the Annex, PBTC will and the proposed Annex Lease, and that if, over time, the shared ownership of the take appropriate steps to protect the based upon all of the financial and Annex results in a divergence of interests between empirical data at its disposal, PBTC the Plan and the LLC, violations of section 406(b) building. Depending on the of the Act could occur. In the event that such a circumstances, PBTC represents that it concluded, for the reasons discussed divergence of interests develops between the would first look to the principals of the above, that the Purchase transaction and parties, PBTC, acting as the I/F, would be required Employer to pay their proportionate cost the Annex Lease transaction which are to take steps to eliminate the conflict of interest in of such repairs. the subjects of this proposed exemption order to avoid engaging in a prohibited transaction. See ERISA Advisory Opinion Letter 2000–10A (July In the event of an eminent domain are in the interest of the Plan and its 27, 2000). The Department further notes that it is taking of the Annex by a governmental participants and beneficiaries, and not providing relief, herein, for any violations of the entity, PBTC represents that it will take protective of the rights of the Act that may arise in connection with this co- whatever actions are appropriate to participants and beneficiaries. investing arrangement. In addition, the Department notes that the general standards of fiduciary protect the Plan and its participants and 16. In summary, the applicant conduct under the Act would apply to the purchase beneficiaries, including resisting the represents that the transactions, as by the Plan of a beneficial ownership interest in the eminent domain action, if that course is described herein, satisfy the Annex. Section 404(a)(1) of the Act requires, among reasonable. requirements of section 408(a) of the Act other things, that a fiduciary discharge his or her duties with respect to a plan solely in the interest As a condition of this exemption, and section 4975(c)(2) of the Code of the participants and beneficiaries, and with the immediately following the Purchase, the because: (a) The Annex Lease represents care, skill, prudence and diligence under the aggregate fair market value of the Plan’s an opportunity to generate a guaranteed circumstances then prevailing that a prudent person interest in the Combined Facility shall cash flow to the Plan of twelve percent acting in a like capacity and familiar with such (12%) per annum, thereby providing a matters would use in the conduct of an enterprise not exceed 20 percent (20%) of the fair of like character and with like aims. Accordingly, market value of the total assets of the fixed rate of return to the individual PBTC, the I/F acting on behalf of the Plan, must act Plan. PBTC has concluded that this accounts of participants and prudently and solely in the interest of the Plan and proposed limitation on the percentage of beneficiaries of the Plan and providing its participants and beneficiaries with respect to all a more predictable method for decisions pertaining to the acquisition, holding, the Plan’s assets that will be invested in management, and disposition of the beneficial the Combined Facility is protective of ascertaining the retirement income ownership interest in the Annex by the Plan. the Plan, because such a restriction will available to such persons; (b) prior to

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entering into the subject transactions, lease; (m) the rent paid to the Plan by Supplemental Statement, as required, PBTC, acting as I/F on behalf of the the Employer under the initial term of pursuant to 29 CFR 2570.43(b)(2), which Plan, will negotiate, review, and the Annex Lease, and the rent paid to will advise such interested persons of approve the terms of the Purchase of the the Plan by the Employer during each their right to comment and to request a Annex by the Plan, as well as the terms renewal of such lease, will be based hearing. of the Annex Lease; (c) PBTC will take upon twelve percent (12%) of the fair The Department must receive all appropriate steps to resolve such market value of the Annex, as written comments and requests for a conflicts of interest and in all events established by an independent, hearing no later than forty-five (45) days acts prudently and solely in the interest qualified appraiser at the time of such from the date of the publication of the of the Plan with respect to all decisions initial term and at the time of each Notice in the Federal Register. pertaining to the acquisition, holding, renewal; (n) the rent under the Annex FOR FURTHER INFORMATION CONTACT: management, and disposition of the Lease will be adjusted at the Angelena C. Le Blanc of the Department Plan’s interest in the Annex; (d) to the commencement of the second year of at (202) 693–8551. (This is not a toll-free extent that a conflict occurs, PBTC has, the term of such lease and adjusted number). every second year thereafter, based on by its written agreement, the sole El Paso Corporation Retirement Savings authority acting on behalf of the Plan to twelve percent (12%) of the fair market value of the Annex, as established by an Plan (the Plan) Located in Houston, determine the resolution of any conflict Texas that arises from the shared beneficial independent, qualified appraiser at the ownership of the Annex by the Plan and time of each such adjustment of rent; (o) [Application No. D–11710] the LLC and that such determination if twelve percent (12%) of the fair Proposed Exemption shall be binding on the LLC; (e) the market value of the Annex, established by such appraisal at the time of any The Department is considering Purchase will be a one-time transaction granting an exemption under the for cash; (f) the terms and conditions of such adjustment, is greater than the then current base rent under the Annex authority of section 408(a) of the Act the Purchase and the Annex Lease will and section 4975(c)(2) of the Code and be no less favorable to the Plan than Lease, then the base rent will be revised to reflect the increase in fair market in accordance with the procedures set those obtainable by the Plan under value of the Annex, as established by forth in 29 CFR part 2570, subpart B (55 similar circumstances when negotiated such appraisal; (p) if twelve percent FR 32836, 32847, August 10, 1990). at arm’s length with unrelated third (12%) of the fair market value of the parties; (g) prior to entering into the Section I: Transactions Annex, established by such appraisal at subject transactions, PBTC will the time of any such adjustment, is less If the proposed exemption is granted determine that the Purchase and the than or equal to the then current base the restrictions of sections 406(a)(1)(A), Annex Lease are in the interest of, and rent, then the base rent will remain 406(a)(1)(E), 406(a)(2), 406(b)(1), protective of the Plan and of its unchanged; (q) the terms of the Annex 406(b)(2), and 407(a)(1)(A) of the Act participants and beneficiaries; (h) the Lease will be triple net; (r) prior to and the sanctions resulting from the acquisition price paid by the Plan for entering into any renewal of the Annex application of section 4975 of the Code, the 52 percent (52%) beneficial Lease, PBTC, acting as the I/F on behalf by reason of section 4975(c)(1)(A) and 8 ownership interest in the Annex will of the Plan, will be responsible for 4975(c)(1)(E) of the Code, shall not not be more than the fair market value approving any renewal of the Annex apply, in connection with a merger of such interest, as determined by an Lease beyond the initial term of such transaction (the Merger) between El independent, qualified appraiser on the lease; (s) PBTC will review the Paso Corporation (El Paso) and Kinder date of the Purchase; (i) as of the date appraisals as submitted periodically to Morgan, Inc. (KMI): of the Purchase, an independent, determine the correct rental amount is (a) To the acquisition by the qualified appraiser will determine the paid to the Plan; and (t) the guarantors individually directed accounts of the fair market value of the Original have a net worth in the aggregate in participants of the Plan (the Invested Facility; (j) immediately following the excess of $10,000,000, which is well in Participants) of certain publicly traded Purchase, the fair market value of the excess of the obligations of the warrant(s) (the Warrant(s)) issued by Combined Facility will not exceed 20 Employer under the terms of the Annex KMI, which will become a party in percent (20%) of the Plan’s total assets Lease, including but not limited to the interest with respect to the Plan after the at the time of the Purchase; (k) the Plan payment of rent for the initial ten (10) Merger; and will not incur any fees, any costs, any year term. (b) to the holding of the Warrants by commissions, and will not incur any the accounts in the Plan of the Invested other charges and expenses as a result Notice to Interested Persons Participants; provided that the of engaging in the Purchase and as a Those persons who may be interested conditions, as set forth in Section II of result of engaging in the Annex Lease, in the publication in the Federal this proposed exemption, are satisfied at other than the necessary and reasonable Register of the Notice of Proposed the time of the acquisition of the fees payable to the I/F and to the Exemption (the Notice) include Warrants by the accounts in the Plan of independent, qualified appraiser, participants of the Plan and former such Invested Participants and respectively; (l) PBTC will monitor and participants of the Plan with account throughout the duration of the holding enforce compliance with the conditions balances. of the Warrants in the accounts of such of this proposed exemption and will It is represented that notification will Invested Participants. monitor and enforce compliance with be provided to each of these interested Section II: Conditions the terms of the Annex Lease, persons by first class mail, within throughout the initial term of such lease fifteen (15) calendar days of the date of The relief provided in this exemption and any renewal of such lease, and is the publication of the Notice in the is conditioned upon adherence to the responsible for legally enforcing the Federal Register. Such mailing will 8 contain a copy of the Notice, as it For purposes of this proposed exemption, payment of rent and the proper references to specific provisions of Title I of the performance of all other obligations of appears in the Federal Register on the Act, unless otherwise specified, refer also to the the Employer under the terms of such date of publication, plus a copy of the corresponding provisions of the Code.

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material facts and representations section 401(k) of the Code and matching Stock investment option, subject to described, herein, and as set forth in the contribution under section 401(m) of the certain limits on the percentage of new application file and upon compliance Code. The fair market value of the total contributions and the percentage of the with the conditions, as set forth in this assets of the Plan, as of October 31, existing account balances which may be proposed exemption. 2011, was $973,420,169. invested in the EP Stock. It is (a) The Warrants will be acquired by As of October 31, 2011 there were represented that the Plan held in the the individually-directed accounts of 9,646 participants and beneficiaries in aggregate approximately 9,905,558 the Invested Participants, all or a the Plan. The Plan provides that a shares of EP Stock, as of December 31, portion of whose accounts in the Plan participant may direct the investment of 2010, which had a fair market value of hold the common stock of El Paso (the the assets in his account. The Plan is $136,102,369, based on a price per share EP Stock); intended to be a plan as described in of $13.74, as of December 31, 2010. It is (b) The exchange by the shareholders, section 404(c) of the Act. represented that the Plan held in the including the Invested Participants, of 2. The El Paso Corporation Retirement aggregate approximately 9,239,616 the EP Stock for Warrants will result Saving Plan Committee and its members shares of EP Stock, as of October 31, from an independent act of El Paso and (the Committee) have discretion with 2011, which had a fair market value of KMI, as corporate entities in connection respect to selecting the investment $230,990,400, based on a price per share with the Merger, and will occur alternatives under the terms of the Plan. of $25.00, as of October 31, 2011. The automatically without any action or Further, the Committee has the fair market value of the EP Stock held control on the part of such shareholders, responsibility and authority with in the accounts of Invested Participants including the Invested Participants; respect to the management, acquisition, in the Plan in the aggregate constitutes (c) The acquisition of the Warrants by disposition, or investment of the assets approximately 15 percent (15%), as of the Invested Participants will occur in of the Plan to the extent that such December 31, 2010, and approximately connection with the Merger, and such responsibility and authority is not 23.74 percent (23.74%), as of October Warrants will be made available on the delegated to participants, investment 31, 2011, of the fair market value of the same terms to all shareholders of the EP managers, or the trustee of the Plan. The total assets of the Plan. It is represented Stock, including the Invested Committee is the named fiduciary for that the percentage of each participant’s Participants; the Plan and has general responsibility account invested in the EP Stock varies (d) The decisions with regard to the for the administration of the Plan and according to participant investment holding and disposition of the Warrants for reviewing the trustee. As such, the elections and changes in the value of the will be made by each of the Invested Committee is a party in interest with EP Stock relative to other investment Participants in accordance with the respect to the Plan, pursuant to section options. provisions under the Plan for 3(14)(A) of the Act. 5. It is represented that the EP Stock individually-directed accounts; JPMorgan Chase Bank, National is a ‘‘qualifying employer security,’’ as (e) The Warrants allocated to the Association is the trustee of the Plan, defined under section 407(d)(5) of the accounts of the Invested Participants in and as such is a party in interest with Act and 4975(e) of the Code. The Stock the Plan may be exercised or sold at any respect to the Plan, pursuant to section is listed for quotation on the New York time by such Invested Participants 3(14)(A) of the Act. JPMorgan Stock Exchange under the symbol ‘‘EP.’’ giving investment directions in Retirement Plan Services LLC is the 6. The application for exemption was accordance with the provisions of the recordkeeper for the Plan, and as such filed on behalf of El Paso and its Plan; is a party in interest as a service employees, officers, directors and 10 (f) The Invested Participants will not provider with respect to the Plan, percent (10%) or more shareholders, the pay any fees or commissions in pursuant to section 3(14)(B) of the Act. Committee, and the Plan (collectively, connection with the acquisition and 3. El Paso, a Delaware corporation, the Applicants). The Applicants have holding of the Warrants, nor will the owns a North American interstate requested an exemption with respect to Invested Participants pay any fees on natural gas pipeline system, exploration the transactions which are the subject of the exercise of the Warrants; and and production companies, and an this proposed exemption. In this regard, (g) Prior to entering into the Merger, emerging midstream business. El Paso is relief has been requested: (a) For the El Paso will obtain all necessary the sponsor of the Plan in which its acquisition of the Warrants by accounts approvals from any relevant state employees and the employees of its of the Invested Participants in the Plan agencies and federal agencies, subsidiaries participate. As an employer in connection with the Merger; and (b) including, but not limited to the U.S. any of whose employees are covered by for the holding of the Warrants by the Department of Justice Antitrust the Plan, El Paso is a party in interest accounts of the Invested Participants in Division, the Federal Energy Regulatory to the Plan, pursuant to section 3(14)(C) the Plan. Commission, the Securities and of the Act. The authorized capital stock It is represented that the subject Exchange Commission (SEC), and the of El Paso consists of 1,500,000,000 transactions have not yet been Federal Trade Commission. shares of EP Stock and 50,000,000 consummated. It is represented that shares of preferred stock, par value $.01 KMI and El Paso are merging for Summary of Facts and Representations per share. business reasons. It is represented that 1. The Plan and the trust maintained 4. El Paso, in its capacity as the the combined enterprise will represent as a part thereof are intended to qualify sponsor of the Plan, has amended the the largest natural gas pipeline network under sections 401(a) and 501(a) of the terms of the Plan to provide the EP in the United States, the largest Code. The Plan is a defined contribution Stock as an investment option under the independent transporter of petroleum plan. The Plan is designated as a profit Plan. The Plan provides that a products in the United States, the sharing plan under section 401(a)(27) of participant may elect to invest assets largest transporter of carbon dioxide in the Code; however, contributions are held in his or her account in this the United States, and the largest not dependent on whether any investment option. All assets invested independent terminal owner/operator in participating employer has current or in this investment option are allocated the United States. accumulated profits. The Plan includes to such individual participant’s account. The Merger has been approved by the participant elective deferrals under The EP Stock is available under the EP Board of Directors of El Paso and KMI.

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In this regard, an Agreement and Plan conflicts of interest which could arise of business on October 13, 2011, of Merger, dated as of October 16, 2011, under the facts and circumstances, as 110,898,898 shares of Class P Stock was entered into among KMI, Sherpa set forth, herein and in the application were issued and outstanding, and no Merger Sub, Inc., Sherpa Acquisition file. shares of Class P Stock were held by LLC, Sirius Holdings Merger 8. It is represented that the decision KMI in its treasury. Corporation, Sirius Merger Corporation, to enter into the Merger will be made by It is represented that any Class P and El Paso. El Paso and KMI in their corporate Stock acquired as a result of the Merger KMI has filed a Registration Statement capacities. Under the terms of the by the Invested Participants will become with the SEC on Form S–4 in Merger, El Paso will become a wholly- a ‘‘qualifying employer security,’’ as connection with the proposed owned subsidiary of KMI. According to defined under section 407(d)(5) of the transactions contemplated by the representations in KMI’s Form 10–Q, Act and section 4975(e) of the Code, Merger, including a definitive the total purchase price to be paid by because the Class P Stock, will after the Information Statement/Prospectus of KMI for the acquisition of El Paso is Merger, be a security issued by KMI, the KMI and a definitive Proxy Statement of expected to be approximately $38 parent company of El Paso.9 El Paso. The Registration Statement was billion. 11. It is represented that the declared effective by the SEC on January 9. KMI will issue to each shareholder shareholders, including the Invested 30, 2012. Post-effective amendments to of EP Stock, including the Invested Participants, will receive the Warrants the Registration Statement were filed on Participants, for each share of EP Stock and other consideration automatically February 27, 2012, and on March 1, held by each such shareholder either: (a) upon the closing date of the Merger. In 2012. KMI and El Paso mailed the $25.91 in cash without interest; or (b) this regard, it is represented that the definitive Information Statement/ 0.9635 of a share of the Class P common Invested Participants and the Committee Prospectus of KMI and the definitive stock of KMI (the Class P Stock)(which, have no control over the receipt of the Proxy Statement of El Paso to their fractional share had a rounded value of Warrants. However, prior to the closing respective shareholders on or about $31.20, based on the closing price of the date of the Merger, each of the Invested January 31, 2012. Shareholders of both Class P Stock at $32.38, as of January 27, Participants has the right to transfer the KMI and El Paso have now approved the 2012); or (c) $14.65 in cash without assets in his or her account in the Plan transaction. In this regard, KMI’s interest, plus 0.4187 of a share of the which is invested in the EP Stock to any stockholder meeting was held on March Class P Stock (which, fractional share other investment option offered under 2, 2012, and El Paso’s stockholder had a rounded value of $13.56, based on the Plan and thereby, avoid receiving meeting was held on March 9, 2012. On the closing price of the Class P Stock at the Warrants. March 9, 2011, the shareholders of El $32.38, as of January 27, 2012). The 12. It is represented that the Warrants Paso overwhelmingly approved the closing price of the EP Stock, as of will be issued pursuant to a certain Merger. Approximately 79 percent January 27, 2012 was $26.54. warrant agreement (the Warrant (79%) of all the shares of EP Stock were Whichever option each of the Agreement) between KMI and a warrant voted and more than 95 percent (95%) shareholders of the EP Stock, including agent (the Warrant Agent). It is of those shares were voted in favor of the Invested Participants, elect, is represented that the Warrant Agent is the Merger. The Merger is expected to subject to certain conditions applicable Computershare Trust Company, N.A. close in the second quarter of 2012, to all such shareholders. If any of the and is an unrelated party to El Paso and subject to the parties to the Merger shareholders of the EP Stock, including KMI. The Warrant Agreement provides obtaining the customary regulatory any of the Invested Participants, make that the Warrants will be registered approvals. no election, such shareholders will be under the Securities Act of 1933, as 7. It is represented that the Warrants deemed to have elected to receive amended, and the rules and regulations to be acquired by the Plan in connection option (c), as described above, the Class promulgated thereunder, and will be with the Merger will satisfy the P Stock and cash. All elections will be registered under the Securities definition of ‘‘employer securities,’’ subject to proration. Exchange Act of 1934, and the rules and Regardless of which election is made pursuant to section 407(d)(1) of the Act, regulations promulgated thereunder. because such Warrants will be securities by the shareholders of the EP Stock, It is represented that the Warrants issued by KMI, which, as a result of the including the Invested Participants, and will be issued to the Invested Merger, will become the parent even if no election is made by such Participants on the same basis that such company of El Paso. However, as the shareholders, 0.640 of a Warrant will be Warrants will be issued to all other Warrants are not shares of stock or issued with respect to each share of EP shareholders of the EP Stock. Pursuant marketable obligations, or interests in a Stock held by such shareholders, to the terms of the Warrant Agreement, publicly-traded partnership, such including the Invested Participants, on each of the shareholders of the EP Stock, Warrants do not meet the definition of the closing date of the Merger. It is including each of the Invested ‘‘qualifying employer securities,’’ as set represented that each such fraction of a Participants, for each Warrant held will forth in section 407(d)(5) of the Act. In Warrant has an assumed value of $0.96. be able to purchase one share of Class this regard, the subject transactions will Warrants will be allocated to the P Stock (par value $0.01 per share) at constitute an acquisition and holding on accounts of the Invested Participants the exercise price of $40 per share (the behalf of the Plan of Warrants which are whose accounts held EP Stock on the Exercise Price) during the period ‘‘employer securities,’’ but which are closing date of the Merger. beginning on the date of the Warrant 10. It is represented that the Class P not ‘‘qualifying employer securities,’’ in Agreement and ending on the five-year Stock is publicly traded on the New violation of section 407(a) of the Act. anniversary of the date of the Warrant York Stock Exchange. The authorized Accordingly, the Applicants have Agreement (the Five Year Term). requested relief from sections capital stock of KMI consists of 13. The Warrants may be exercised in 406(a)(1)(A), 406(a)(1)(E), 406(a)(2), and 2,819,462,927 shares of which whole or in part by presentation of a 407(a)(1)(A) of the Act. 10,000,000 shares are preferred stock The Applicants also seek exemptive (par value $0.01 per share) and 9 The Department, herein, is not providing any relief from section 406(b)(1) and 2,809,462,927 shares are common stock relief with respect to the acquisition and holding by 406(b)(2) of the Act with regard to (par value $0.01 per share). At the close the Invested Participants of the Class P Stock.

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Warrant along with a Notice of Exercise brokerage window will be a self- CISC will send the order to JP Morgan to the Warrant Agent.10 No fractional directed brokerage account that will Securities, LLC (JPMS). JPMS is a party shares of Class P Stock will be issued allow Invested Participants to sell or in interest, as a service provider to the upon the exercise of any Warrant, but exercise Warrants and direct any cash Plan, pursuant to section 3(14)(B) of the KMI will pay the cash value of such proceeds into another investment option Act. It is represented that JPMS is fractional shares equal to the market under the Plan. The Warrants and the unrelated to KMI and to El Paso. price of the Class P Stock on the trading Class P Stock will be the only securities The Warrants deposited in the day on which such Warrants are traded through the limited brokerage accounts of Invested Participants in the exercised. Payment of the Exercise Price window. Plan will be allocated to the limited can be made at the option of the holder Brokerage services to the limited brokerage window. The Invested of the Warrants either: (a) In cash; (b) by brokerage window are offered by Chase Participants will not pay any fees or delivering a certified or official bank Investment Services Corp. (CISC). It is commissions in connection with the check payable to the Warrant Agent; or represented that CISC is a member of acquisition or holding of the Warrants. (c) by delivering a written direction to Financial Industry Regulatory The Warrants will be held by the Plan the Warrant Agent that the holder Authority. The clearing and custody from the closing date of the Merger until desires to exercise Warrants, pursuant to services are provided by J.P. Morgan each of the Invested Participants a ‘‘cashless exercise.’’ Clearing Corp. (JPMCC). Both CISC and disposes of the Warrants allocated to his 14. In addition to the right to exercise JPMCC are members of the Securities or her account by exercising the the Warrants, the Warrants may be sold, Investor Protection Corporation. Both Warrants or by directing the sale of the assigned, transferred, pledged, CISC and JPMCC are separately Warrants through the limited brokerage encumbered, or in any other manner registered broker dealers. Both CISC and window. transferred or disposed of, in whole or JPMCC are affiliates of JPMorgan Chase Upon the sale of Warrants through the in part in accordance with the terms of and Company. CISC and JPMCC, are limited brokerage window, all the cash the Warrant Agreement and all parties in interest, as service providers proceeds will be swept automatically applicable laws. In this regard, Invested to the Plan, pursuant to section 3(14)(B) into a money market account on a daily Participants will have the right to sell of the Act. It is represented that CISC, basis; and subsequently, invested in the Warrants allocated to their accounts and JPMCC are unrelated to KMI and to another Plan investment option, as in the Plan at any time and from time El Paso. directed by an Invested Participant. The to time during the Five Year Term, in The brokerage arrangement is a sweep account is maintained by CISC; the same manner as other holders of the prohibited transaction under section however, CISC will have no discretion Warrants.11 It is represented that the 406(a) of the Act, because it involves the with respect to the amount or timing of Warrants will be listed on the New York furnishing of services between a party in any amount swept.13 Stock Exchange, the NASDAQ Stock interest (i.e., CISC), and the Plan and the Upon the sale of a Warrant, a fee will Exchange, or another stock exchange use of Plan assets to pay for those be deducted from the proceeds of the reasonably agreed to by KMI and El services. The Applicants represent that transaction, in the same manner that a Paso. Proceeds from the sale of the the brokerage arrangement does not give fee would be deducted in connection Warrants by Invested Participants may rise to a prohibited transaction under with the sale of EP Stock prior to the be directed into any other investment section 406(b) of the Act, because the Merger. If an Invested Participant uses option under the Plan. Plan fiduciaries have contracted for the the self-service options available under 15. It is represented that the brokerage service to be provided to the the Plan for changing the Plan Committee will not take any action to Plan and do not exercise discretion with investment allocation, the fee for the cause the Invested Participants to respect to the brokerage service or the sale of a Warrant will be $9.99 for up exercise or sell the Warrants. If an fee.12 Further, the Applicants represent to 1,000 Warrants and $0.02 per Warrant Invested Participant takes no action that CISC has no discretion with respect thereafter. If an Invested Participant either to exercise or sell the Warrants, to the sale or exercise of the Warrants, requests a CISC representative to assist then such Warrants will expire at the and thus, will not be a fiduciary with with the transaction, the fee will be end of the Five Year Term. respect to the Plan, in that Warrants $55.00 for the sale of up to 1,000 16. It is represented that one of the held in the limited brokerage account Warrants and $0.02 per Warrant available investment options under the will be exercised or sold only at the thereafter.14 Plan will be a newly established limited direction of the Invested Participants. brokerage window. The limited When an Invested Participant elects to 13 The Applicants have not requested exemptive sell or exercise a Warrant through the relief with respect to the sweep account. In this 10 With regard to the exercise of the Warrants, it limited brokerage window, it is regard, the Applicants maintain that the sweep is represented that the Invested Participants will represented that CISC will be acting as services are provided to the Plan by CISC pursuant rely on the relief provided by the statutory to a service agreement which satisfies section exemption, pursuant to section 408(e) of the Act. an agent and will not engage in any 408(b)(2) of the Act. The Applicants represent that The Department is offering no view, as to whether principal transactions. In this regard, neither Plan fiduciaries nor CISC exercise the requirements of the statutory exemption discretion with respect to such sweep services. The provided in section 408(e) of the Act will be 12 The Applicants have not requested exemptive Department is offering no view, as to whether the satisfied. Further, the Department, herein, is not relief with respect to the provision of brokerage requirements of the statutory exemption provided providing any relief with respect to the exercise of services by CISC to the Plan. In this regard, the in section 408(b)(2) of the Act will be satisfied. the Warrants. Applicants rely on the relief provided by section Further, the Department, herein, is not providing 11 Pursuant to section 1.21 of the Warrant 408(b)(2) of the Act for services rendered to a plan, any relief with respect to the provision of sweep Agreement, KMI has the right, except as limited by if the services are necessary, the contract or services by CISC to the Plan. law, or other agreements to purchase or otherwise arrangement for such services is reasonable, and 14 The Applicants have not requested exemptive acquire Warrants at such times, in such manner, only reasonable compensation is paid for such relief with respect to the receipt of a fee by CISC and for such consideration as it and the applicable services. The Department is offering no relief, for the provision of brokerage services to the Plan. holder may deem appropriate. The Department, herein, for the provision of brokerage services by In this regard, the Applicants rely on the relief herein, is not providing any exemptive relief with CISC to the Plan and is providing no view, as to provided by section 408(b)(2) of the Act for respect to the purchase nor with respect to the whether the requirements of the statutory payment by a plan to a party in interest for services acquisition by KMI of any Warrants from the exemption provided in section 408(b)(2) of the Act rendered to such plan, if the services are necessary, Invested Participants in the Plan, as holders of such will be satisfied with respect to the provision of the contract or arrangement for such services is Warrants. brokerage services by CISC to the Plan. Continued

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Upon exercise of a Warrant, the shares the Invested Participants. In this regard, Commission, the SEC, and the Federal of the Class P Stock for which such the Invested Participants may select the Trade Commission. Warrant was exercised will be credited most advantageous time to exercise and/ to the Invested Participant’s account or to liquidate the Warrants. Notice to Interested Persons and held in the limited brokerage 20. The Applicants further represent Only those participants and that the proposed exemption provides window until such Invested Participant beneficiaries whose accounts are sufficient safeguards for the protection makes an investment change election. invested in EP Stock on the closing date of the Plan and its participants and No fees will be charged in connection of the Merger will be affected by the with the exercise of a Warrant. beneficiaries. In this regard, the subject transactions. Because It is represented that prior to the acquisition and holding of the Warrants closing on the Merger, El Paso intends will occur automatically, as a result of participants may change their to amend the Plan to prohibit any the Merger. In addition, as the Warrants investment directions daily, it is participants in the Plan from acquiring will be publicly-traded securities, the represented that it is not possible to additional Warrants through the Plan fair market value of the Warrants, if the determine the exact number of affected after the Merger closes. It is represented Invested Participants choose to sell such participants and beneficiaries in that the decision to amend the Plan to Warrants, will be determined by the advance of the closing date of the include limitations on the investments market. Merger. is a settlor function that does not 21. In summary, the Applicants Accordingly, the Applicants represent involve Plan fiduciaries. It is represent that the subject transactions that, if the Merger closes before the represented that the decision by El Paso will satisfy the statutory criteria for an Notice to Interested Persons is prepared to limit the acquisition of additional exemption under section 408(a) of the and mailed, El Paso will provide Warrants by the Plan was in part to Act because: notification of the publication in the encourage participants to diversify the (a) The Warrants will be acquired by Federal Register of the Notice of the individually-directed accounts of investments in such participants’ Proposed Exemption (the Notice) to all the Invested Participants, all or a individually-directed accounts in the participants, beneficiaries, and alternate portion of whose accounts in the Plan Plan. payees with account balances in the hold the EP Stock; 17. The Applicants represent that the Plan, whose account (or portion thereof) proposed exemption is administratively (b) The exchange by the shareholders, was invested in the EP Stock on the feasible. In this regard, the acquisition including the Invested Participants, of closing date of the Merger. The and holding of the Warrants by the the EP Stock for the Warrants will result Applicants further represent that if the accounts of the Invested Participants in from an independent act of El Paso and Merger closes after the Notice to the Plan will be a one-time transaction KMI, as corporate entities in connection that involves an automatic distribution with the Merger, and will occur Interested Persons is prepared and of such Warrants to all such Invested automatically without any action or mailed, El Paso will provide notification Participants. It is represented that it is control on the part of such shareholders, of the publication in the Federal relatively common in stock transactions, including the Invested Participants; Register of the Notice to all participants, such as the anticipated transaction (c) The acquisition of the Warrants by beneficiaries, and alternate payees who reflected in the Merger, to include stock the Invested Participants will occur in have an account in the Plan at the time warrants as part of the consideration for connection with the Merger, and such the Notice to Interested Persons is the stock of the target corporation. Warrants will be made available on the prepared. 18. The Applicants represent that the same terms to all shareholders of the EP It is represented that all such transactions which are the subject of Stock, including the Invested interested persons will be notified of the this proposed exemption are in the Participants; publication of the Notice by first class (d) The decisions with regard to the interest of the Plan, because the subject mail, to each such interested person’s holding and disposition of the Warrants transactions represent a valuable most recent address maintained in the will be made by each of the Invested opportunity to the accounts of the Plan administrator’s records for each Participants in accordance with the Invested Participants in the Plan to such interested person, within thirty provisions under the Plan for realize the potential value of the Merger. (30) days of publication of the Notice in If the exemption is not granted, the individually-directed accounts; (e) The Warrants allocated to the the Federal Register. Such mailing will Invested Participants would be deprived contain a copy of the Notice, as it of investment returns that could be accounts of the Invested Participants in the Plan may be exercised or sold at any appears in the Federal Register on the realized, if the Warrants were to be date of publication, plus a copy of the exercised or sold during the Five Year time by such Invested Participants giving investment directions in Supplemental Statement, as required, Term. pursuant to 29 CFR 2570.43(b)(2), which 19. The Applicants also represent that accordance with the provisions of the will advise all interested persons of the proposed exemption is in the Plan; their right to comment and to request a interest of the accounts in the Plan of (f) The Invested Participants will not pay any fees or commissions in hearing. reasonable, and only reasonable compensation is connection with the acquisition and A11 written comments and/or paid for such services. The Department is offering holding of the Warrants, nor will the requests for a hearing must be received no relief, herein, for the receipt of a fee by CISC for Invested Participants pay any fees on by the Department from interested the provision of brokerage services to the Plan, nor the exercise of the Warrants; and persons within 60 days of the is the Department providing any relief for the (g) Prior to entering into the Merger, receipt of compensation for the provision of publication of this proposed exemption clearing or custody services by JPMCC or for the El Paso will obtain all necessary in the Federal Register. receipt of compensation for the execution of the approvals from any relevant state order by JPMS. Further, the Department, herein, is agencies and federal agencies, FOR FURTHER INFORMATION CONTACT: Ms. offering no view, as to whether the requirements of including, but not limited to the U.S. Angelena C. Le Blanc of the Department, the statutory exemption provided in section 408(b)(2) of the Act will be satisfied with respect Department of Justice Antitrust telephone (202) 693–8540. (This is not to the receipt of fees by CISC, JPMCC, and JPMS. Division, the Federal Energy Regulatory a toll-free number.)

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Ed Laur Defined Benefit Plan (the Plan) 4. In 2002, 2005, 2007, and 2010, the Further, it is represented that as the Located in Amarillo, TX Plan purchased the Stock of EnergyNet conversion of EnergyNet from a [Application No. D–11714] for investment purposes from ‘‘C-Corporation’’ to an ‘‘S-Corporation’’ EnergyNet. It is represented that the was unforeseen when the Stock was Proposed Exemption Plan purchased a total of 161,012 shares purchased, it is represented that the The Department is considering of the Stock at an aggregate cost of Plan never intended to become subject granting an exemption under the $39,082.40. It is represented that the to UBTI. Accordingly, it is represented authority of section 4975(c)(2) of the estimated amount of income received by that it would be in the interest of the Code in accordance with the procedures the Plan from EnergyNet through Plan to avoid incurring UBTI on the set forth in 29 CFR Part 2570, Subpart December 31, 2011 is $5,000. It is 2011 dividends from EnergyNet and B (76 FR 66637, 66644, October 27, further represented that the Plan did not also to avoid the cost of preparing and 2011). If the exemption is granted, the incur any expenses as a result of the filing Form 990–T. Further, the sanctions resulting from the application holding of the Stock through December proposed exemption is in the interest of of section 4975 of the Code, by reason 31, 2011. It is represented that, as of the Plan in that the Plan will pay no of section 4975(c)(1)(A) through (E) of December 31, 2011, the Stock held by commissions or fees with regard to the the Code,15 shall not apply to the the Plan had an aggregate value of subject transaction. proposed cash sale by the Plan to Ed $40,253. It is represented that the value 9. It is represented that the proposed Laur (Mr. Laur) of shares of stock (the of the Stock represents slightly less than transaction has sufficient safeguards in Stock) of EnergyNet.com (EnergyNet); 12% of the total fair market value of the place for the protection of the Plan and provided that: assets of the Plan. its participants and beneficiaries. In this (a) The sale of the Stock by the Plan 5. As a result of the conversion in regard, the fair market value of the Stock to Mr. Laur is a one-time transaction in 2011 of EnergyNet from a will be determined, as of the most which the Plan receives cash; ‘‘C-Corporation’’ to an ‘‘S-Corporation,’’ recent valuation date, by Jim Black (Mr. (b) As the result of the sale, the Plan it is represented that the Plan became a Black), the CFO of EnergyNet. It is receives the fair market value of the ‘‘tax payer’’ with respect to the income represented that Mr. Black at the end of Stock, as determined by the CFO of pass-through from EnergyNet to the each calendar year provides a written EnergyNet, as of the most recent Plan. As a result of the conversion, it is stock value to Mr. Laur in Mr. Laur’s valuation of such Stock; represented that the Plan will have capacity as the trustee of the Plan. It is (c) The Plan pays no commissions or received, pursuant to section 512(e) of represented that based on a letter from fees in regard to the transaction; and the Code,16 unrelated business taxable Mr. Black, the aggregate value of the (d) The terms of the sale are no less income (UBTI) on the Plan’s share of the 161,012 shares of the Stock held by the favorable to the Plan than those the Plan 2011 dividends from EnergyNet in the Plan is $40,253, as of December 31, would have received in similar amount of $11,000. The tax on such 2011. circumstances when negotiated at arm’s amount at a rate of 25.7 percent (25.7%) 10. In summary, Mr. Laur represents length with unrelated third parties. is represented to be $2,827 ($11,000 × that the proposed transaction satisfies .257 = $2,827). In addition, it is the criteria of section 4975(c)(2) of the Summary of Facts and Representations represented that the Plan will incur the Code because: 1. The Plan is a defined benefit plan cost of preparing and filing Form 990– (a) The sale of the Stock by the Plan established in 2001. The Plan is T. to Mr. Laur will be a one-time sponsored by Ed Laur (Mr. Laur), a sole 6. Mr. Laur proposes to purchase the transaction in which the Plan will proprietor. As of December 31, 2010, the Stock from the Plan at a purchase price receive cash; Plan had $335,442.64 in assets. It is which is the current fair market value of (b) As the result of the sale, the Plan represented that the estimated value of the Stock. will receive the fair market value of the the Plan’s assets, as of December 31, 7. Mr. Laur represents that the Stock, as determined by the CFO of 2011, is $350,000. Mr. Laur and his proposed transaction is feasible in that EnergyNet, as of the most recent wife, Mrs. Laur are the only participants it will be a one-time transaction in valuation of such Stock; in the Plan. It is represented that the which the Plan will receive cash. In (c) The Plan will pay no commissions benefit accruals under the Plan were addition, Mr. Laur will bear any and all or fees in regard to the transaction; and frozen in 2006 and currently remain costs associated with the subject (d) The terms of the sale will be no frozen. transaction and the filing of the less favorable to the Plan than those the 2. Mr. Laur is the trustee and primary application for exemption. Plan would have received in similar fiduciary with respect to the Plan. Mr. 8. Mr. Laur represents that the circumstances when negotiated at arm’s Laur works as a consultant in the grain proposed transaction is in the interest of length with unrelated third parties. industry. the Plan, in that the Plan will receive in Notice to Interested Persons 3. EnergyNet is a local Amarillo, cash the fair market value of the Stock. Texas corporation. EnergyNet is not As Mr. Laur and Mrs. Laur, his wife, traded on any exchange, but is traded 16 Under special rules applicable to are the only participants in the Plan, it locally in the Amarillo, Texas area. It is ‘‘S-Corporations,’’ section 512(e) of the Code states has been determined that there is no that if an organization described in section represented that there is no relationship 1361(c)(6) holds stock in an ‘‘S-Corporation,’’ such need to distribute the Notice of between Mr. Laur and the ownership of interest shall be treated as an interest in an Proposed Exemption (the Notice) to EnergyNet. It is represented that unrelated trade or business, and all items of interested persons. Therefore, comments EnergyNet in 2011 converted from a income, loss, or deduction and any gain or loss on and requests for a hearing must be disposition of the stock in the ‘‘S-Corporation’’ shall C-corporation to an S-corporation status. be taken into account in computing the unrelated received by the Department within business taxable income of such organization. thirty (30) days of the date of 15 Pursuant to 29 CFR 2510.3–3(b) of the Section 1361(c)(6) of the Code states that an publication of this Notice in the Federal Department’s regulations, there is no jurisdiction organization which is described in section 401(a) or Register. with respect to the Plan under Title I of the Act. 501(c)(3), and which is exempt from taxation under However, there is jurisdiction under Title II of the section 501(a), such as the Plan, may be a FOR FURTHER INFORMATION CONTACT: Act, pursuant to section 4975 of the Code. shareholder in an ‘‘S-Corporation.’’ Angelena C. Le Blanc of the Department,

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telephone (202) 693–8551. (This is not DEPARTMENT OF LABOR Regulations, and Variances, MSHA, at a toll-free number.) [email protected] (email); 202– Mine Safety and Health Administration 693–9440 (voice); or 202–693–9441 General Information [OMB Control No. 1219–0121] (facsimile). The attention of interested persons is SUPPLEMENTARY INFORMATION: directed to the following: Proposed Extension of Existing Information Collection; Safety I. Background (1) The fact that a transaction is the Standards for Roof Bolts in Metal and subject of an exemption under section Accidents involving falls of roof, face, Nonmetal Mines and Underground 408(a) of the Act and/or section and rib in underground metal, Coal Mines 4975(c)(2) of the Code does not relieve nonmetal, and coal mines or falls of a fiduciary or other party in interest or AGENCY: Mine Safety and Health highwall in surface metal and nonmetal disqualified person from certain other Administration, Labor. mines, are among the leading causes of injuries and deaths. Prevention or provisions of the Act and/or the Code, ACTION: Request for public comments. including any prohibited transaction control of falls of roof, face, and rib is provisions to which the exemption does SUMMARY: As part of its continuing effort uniquely difficult because of the variety not apply and the general fiduciary to reduce paperwork and respondent of conditions encountered in mines that responsibility provisions of section 404 burden, the Department of Labor can affect the stability of various types of the Act, which, among other things, conducts a pre-clearance consultation of strata and the changing nature of the require a fiduciary to discharge his program to provide the general public forces affecting ground stability at any duties respecting the plan solely in the and Federal agencies with an given operation at any given time. Roof interest of the participants and opportunity to comment on proposed and rock bolts and accessories are an beneficiaries of the plan and in a and continuing collections of integral part of ground control systems prudent fashion in accordance with information in accordance with the at these mines and are used to prevent section 404(a)(1)(b) of the Act; nor does Paperwork Reduction Act of 1995. This the fall of roof, face, and rib. it affect the requirement of section program helps to assure that requested Advancements in technology of roof and 401(a) of the Code that the plan must data can be provided in the desired rock bolts and accessories have aided in operate for the exclusive benefit of the format, reporting burden (time and reducing the hazards associated with employees of the employer maintaining financial resources) is minimized, falls of roof, face, and rib. This the plan and their beneficiaries; collection instruments are clearly information collection addresses the recordkeeping associated with: (2) Before an exemption may be understood, and the impact of collection granted under section 408(a) of the Act requirements on respondents can be § 56.3203 ...... Rock fixtures and/or section 4975(c)(2) of the Code, properly assessed. Currently, the Mine § 57.3203 ...... Rock fixtures § 75.204(a) & (f)(6) ...... Roof bolting the Department must find that the Safety and Health Administration is exemption is administratively feasible, soliciting comments concerning the II. Desired Focus of Comments extension of the information collection in the interests of the plan and of its The Mine Safety and Health participants and beneficiaries, and for 30 CFR 56.3203, 57.3203, and 75.204(a) and (f)(6). OMB last approved Administration (MSHA) is soliciting protective of the rights of participants comments concerning the proposed and beneficiaries of the plan; this information collection request on September 28, 2009. The package extension of the information collection (3) The proposed exemptions, if expires on September 30, 2012. related to safety standards for roof bolts granted, will be supplemental to, and in surface and underground metal and DATES: not in derogation of, any other All comments must be nonmetal mines and underground coal provisions of the Act and/or the Code, postmarked or received by midnight mines. MSHA is particularly interested including statutory or administrative Eastern Time on July 31, 2012. in comments that: exemptions and transitional rules. ADDRESSES: Comments concerning the • Evaluate whether the collection of Furthermore, the fact that a transaction information collection requirements of information is necessary for the proper is subject to an administrative or this notice must be clearly identified performance of the functions of the statutory exemption is not dispositive of with ‘‘OMB 1219–0121’’ and sent to the agency, including whether the whether the transaction is in fact a Mine Safety and Health Administration information has practical utility; prohibited transaction; and (MSHA). Comments may be sent by any • Evaluate the accuracy of the of the methods listed below. (4) The proposed exemptions, if MSHA’s estimate of the burden of the • Federal E–Rulemaking Portal: granted, will be subject to the express collection of information, including the http://www.regulations.gov. Follow the condition that the material facts and validity of the methodology and on-line instructions for submitting representations contained in each assumptions used; comments. • application are true and complete, and Suggest methods to enhance the • Facsimile: 202–693–9441, include that each application accurately quality, utility, and clarity of the ‘‘OMB 1219–0121’’ in the subject line of describes all material terms of the information to be collected; and the message. • transaction which is the subject of the Address the use of appropriate • Regular Mail or Hand Delivery: exemption. automated, electronic, mechanical, or MSHA, Office of Standards, other technological collection Signed at Washington, DC, this 25th day of Regulations, and Variances, 1100 techniques or other forms of information May, 2012. Wilson Boulevard, Room 2350, technology (e.g., permitting electronic Lyssa E. Hall, Arlington, VA 22209–3939. For hand submissions of responses), to minimize Acting Director of Exemption Determinations, delivery, sign in at the receptionist’s the burden of the collection of Employee Benefits Security Administration, desk on the 21st floor. information on those who are to U.S. Department of Labor. FOR FURTHER INFORMATION CONTACT: Greg respond. [FR Doc. 2012–13264 Filed 5–31–12; 8:45 am] Moxness, Chief, Economic Analysis The public may examine publicly BILLING CODE 4510–29–P Division, Office of Standards, available documents, including the

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public comment version of the NATIONAL AERONAUTICS AND scheduling priorities of the key supporting statement, at MSHA, Office SPACE ADMINISTRATION participants. Attendees will be of Standards, Regulations, and requested to sign a register and comply [Notice 12–039] Variances, 1100 Wilson Boulevard, with NASA security requirements, Room 2350, Arlington, VA 22209–3939. NASA Advisory Council; Aeronautics including the presentation of a valid OMB clearance requests are available on Committee; UAS Subcommittee picture ID to Security before access to MSHA’s Web site at http:// Meeting NASA Headquarters (West Lobby— www.msha.gov under ‘‘Rules & Regs’’ on Visitor Control Center). Foreign the right side of the screen by selecting AGENCY: National Aeronautics and nationals attending this meeting will be Information Collections Requests, Space Administration. required to provide a copy of their Paperwork Reduction Act Supporting ACTION: Notice of meeting. passport and visa in addition to Statements. The document will be providing the following information no available on MSHA’s Web site for 60 SUMMARY: In accordance with the less than 10 working days prior to the days after the publication date of this Federal Advisory Committee Act, Public meeting: full name; gender; date/place notice. Comments submitted in writing Law 92–463, as amended, the National of birth; citizenship; visa information or in electronic form will be made Aeronautics and Space Administration (type, number, expiration date); available for public inspection. Because (NASA) announces a meeting of the passport information (number, country, comments will not be edited to remove Unmanned Aircraft Systems (UAS) expiration date); employer/affiliation any identifying or contact information, Subcommittee of the Aeronautics information (name of institution, MSHA cautions the commenter against Committee of the NASA Advisory address, country, telephone); title/ including any information in the Council. The meeting will be held for position of attendee; and home address submission that should not be publicly the purpose of soliciting, from the to Ms. Brenda L. Mulac, by fax at (202) disclosed. Questions about the aeronautics community and other 358–3602. U.S. citizens and green card information collection requirements persons, research and technical holder are requested to submit their may be directed to the person listed in information relevant to program name and affiliation 3 working days the FOR FURTHER INFORMATION section of planning. prior to the meeting to Brenda Mulac. this notice. DATES: Wednesday, June 27, 2012, 8 Patricia D. Rausch, III. Current Actions a.m. to 4:30 p.m., and Thursday, June Advisory Committee Management Officer, 28, 2012, 8 a.m. to 3 p.m., Local Time. National Aeronautics and Space The information obtained from mine ADDRESSES: This meeting will take place Administration. operators is used by MSHA during at NASA Headquarters, 300 E Street [FR Doc. 2012–13304 Filed 5–31–12; 8:45 am] inspections to determine compliance SW., Room 6B42, Washington, DC BILLING CODE 7510–13–P with safety standards related to the 20546. integrity of roof bolts. MSHA has FOR FURTHER INFORMATION CONTACT: Ms. updated the data for the number of NATIONAL SCIENCE FOUNDATION respondents and responses, and the Brenda L. Mulac, Executive Secretary total burden hours and burden costs for the UAS Subcommittee of the Agency Information Collection supporting this information collection Aeronautics Committee, National Activities; Proposed Collection; extension request. Aeronautics and Space Administration Comment Request Headquarters, Washington, DC 20546, Summary (202) 358–1578, or brenda.l.mulac@ AGENCY: National Science Foundation. Type of Review: Extension. nasa.gov. ACTION: Notice and request for Agency: Mine Safety and Health SUPPLEMENTARY INFORMATION: The comments. Administration. meeting will be open to the public up SUMMARY: Under the Paperwork Title: Safety Standards for Roof Bolts to the capacity of the room. Any person in Metal and Nonmetal Mines and Reduction Act of 1995, Public Law 104– interested in participating in the 13 (44 U.S.C. 3501 et seq.), and as part Underground Coal Mines. meeting by Webex and telephone OMB Number: 1219–0121. of its continuing effort to reduce should contact Ms. Brenda L. Mulac at paperwork and respondent burden, the Affected Public: Business or other for- (202) 358–1578 for the web link, toll- profit. Cite/Reference/Form/etc. 30 CFR National Science Foundation (NSF) is free number and passcode. The agenda inviting the general public or other 56.3203, 57.3203, and 75.204. for the meeting includes the following Total Number of Respondents: 1,215. Federal agencies to comment on this topics: Frequency: Various. proposed continuing information • Total Number of Responses: 129,060. Overview of the Integration of UAS collection. The NSF will publish Total Burden Hours: 785 hours. into the National Airspace System periodic summaries of the proposed Total Annual Cost Burden: $0. Project Technical Challenges projects. Comments submitted in response to • Overview of the Communications Comments: Comments are invited on this notice will be summarized and Subproject (a) whether the proposed collection of included in the request for Office of • Overview of the Certification information is necessary for the proper Management and Budget approval of the Subproject performance of the functions of the information collection request; they will • Overview of the Subproject on Human NSF, including whether the information also become a matter of public record. Systems Interface will have practical utility; (b) the • Overview of the Subproject on Authority: 44 U.S.C. 3506(c)(2)(A). accuracy of the NSF’s estimate of the Separation Assurance/Sense and burden of the proposed collection of Dated: May 25, 2012. Avoid Interoperability information; (c) ways to enhance the George F. Triebsch, • Overview of the Integration Test and quality, utility, and clarity of the Certifying Officer. Evaluation Subproject information to be collected, including [FR Doc. 2012–13228 Filed 5–31–12; 8:45 am] It is imperative that these meetings be through the use of automated collection BILLING CODE 4510–43–P held on this date to accommodate the techniques or other forms of information

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technology; and (d) ways to minimize Government.’’ The SDR is designed to NATIONAL SCIENCE FOUNDATION the burden of the collection of comply with these mandates by information on those who are to providing information on the supply Agency Information Collection respond, including through the use of and utilization of the nation’s doctoral Activities; Proposed Collection; appropriate automated collection level scientists and engineers. The NSF Comment Request techniques or other forms of information uses the information from the SDR to AGENCY: National Science Foundation. technology. prepare congressionally mandated ACTION: Notice and request for DATES: Written comments on this notice reports such as Women, Minorities and comments. must be received by July 31, 2012 to be Persons With Disabilities in Science and assured of consideration. Comments Engineering and Science and SUMMARY: Under the Paperwork received after that date will be Engineering Indicators. The NSF Reduction Act of 1995, Public Law 104– considered to the extent practicable. publishes statistics from the SDR in 13 (44 U.S.C. 3501 et seq.), and as part Send comments to the address below. many reports, but primarily in the of its continuing effort to reduce FOR FURTHER INFORMATION CONTACT: Ms. biennial series, Characteristics of paperwork and respondent burden, the Suzanne H. Plimpton, Reports Clearance Doctoral Scientists and Engineers in the National Science Foundation (NSF) is Officer, National Science Foundation, United States. A public release file of inviting the general public or other 4201 Wilson Boulevard, Suite 295, collected data, designed to protect Federal agencies to comment on this Arlington, Virginia 22230; telephone respondent confidentiality, also will be proposed continuing information (703) 292–7556; or send email to made available to researchers on the collection. The NSF will publish [email protected]. Internet. periodic summaries of the proposed Individuals who use a projects. telecommunications device for the deaf Data will be obtained by web survey, Comments: Comments are invited on (TDD) may call the Federal Information mail questionnaire, and computer- (a) whether the proposed collection of Relay Service (FIRS) at 1–800–877– assisted telephone interviews beginning information is necessary for the proper 8339, which is accessible 24 hours a in February 2013. The survey will be performance of the functions of the day, 7 days a week, 365 days a year collected in conformance with the NSF, including whether the information (including federal holidays). Confidential Information Protection and will have practical utility; (b) the SUPPLEMENTARY INFORMATION: Statistical Efficiency Act of 2002 and accuracy of the NSF’s estimate of the Title of Collection: 2013 Survey of the individual’s response to the survey burden of the proposed collection of Doctorate Recipients. is voluntary. NSF will ensure that all information; (c) ways to enhance the OMB Approval Number: 3145–0020. information collected will be kept quality, utility, and clarity of the Expiration Date of Approval: July 31, strictly confidential and will be used information to be collected, including 2013. only for statistical purposes. through the use of automated collection Type of Request: Intent to seek 2. Expected Respondents. A statistical techniques or other forms of information approval to reinstate an information technology; and (d) ways to minimize collection for three years. sample of approximately 47,000 individuals with U.S. earned doctorates the burden of the collection of 1. Abstract. The Survey of Doctorate information on those who are to in science, engineering or health will be Recipients (SDR) has been conducted respond, including through the use of contacted in 2013. This sample will biennially since 1973 and is a appropriate automated collection include approximately 40,000 longitudinal survey. The 2013 SDR will techniques or other forms of information consist of a sample of individuals less individuals residing in the U.S. technology. than 76 years of age who have earned (national component) and 7,000 residing DATES: Written comments on this notice a research doctoral degree in a science, abroad (international component). NSF must be received by July 31, 2012 to be engineering or health field from a U.S. expects the response rate to be 70 to 80 assured of consideration. Comments institution. The purpose of this percent for both the national and received after that date will be longitudinal panel survey is to collect international components. considered to the extent practicable. data that will be used to provide 3. Estimate of Burden. The amount of Send comments to the address below. national estimates on the doctoral time to complete the questionnaire may science and engineering workforce and FOR FURTHER INFORMATION CONTACT: vary depending on an individual’s changes in their employment, education Ms. Suzanne H. Plimpton, Reports circumstances; however, on average it and demographic characteristics. The Clearance Officer, National Science will take approximately 25 minutes. SDR is one of the component surveys of Foundation, 4201 Wilson Boulevard, the Scientists and Engineers Statistical NSF estimates that the annual burden Suite 295, Arlington, VA 22230; Data System (SESTAT), which produces will be 13,333 hours for the national telephone (703) 292–7556; or send email national estimates of the size and component and 2,333 hours for the to [email protected]. characteristics of the nation’s science international component. Thus, NSF Individuals who use a and engineering workforce. The 2013 estimates that the total annual burden telecommunications device for the deaf SDR will provide necessary input into for both components will be 15,666 (TDD) may call the Federal Information the SESTAT. hours. Relay Service (FIRS) at 1–800–877– 8339, which is accessible 24 hours a The National Science Foundation Act Dated: May 25, 2012. day, 7 days a week, 365 days a year of 1950, as subsequently amended, Suzanne H. Plimpton, includes a statutory charge to ‘‘* * * (including federal holidays). Reports Clearance Officer, National Science provide a central clearinghouse for the SUPPLEMENTARY INFORMATION: Title of Foundation. collection, interpretation, and analysis Collection: 2013 National Survey of of data on scientific and engineering [FR Doc. 2012–13247 Filed 5–31–12; 8:45 am] College Graduates. resources, and to provide a source of BILLING CODE P OMB Approval Number: 3145–0141. information for policy formulation by Expiration Date of Approval: July 31, other agencies of the Federal 2013.

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Type of Request: Intent to seek 2. Expected Respondents various activities in Antarctica and approval to reinstate an information A statistical sample of approximately designation of certain animals and collection for three years. 145,000 will be contacted in 2013. NSF certain geographic areas a requiring special protection. The regulations 1. Abstract expects the response rate to be 70 to 80 percent. establish such a permit system to The National Survey of College designate Antarctic Specially Protected Graduates (NSCG) has been conducted 3. Estimate of Burden Areas. biennially since the 1970s. The 2013 The amount of time to complete the The applications received are as NSCG sample will be selected from the questionnaire may vary depending on follows: 2011 American Community Survey an individual’s circumstances; however, 1. Applicant: Gerald Kooyman, 9500 (ACS), the 2010 NSCG, and the 2010 on average it will take approximately 25 Gilman Drive, La Jolla, CA 92093. National Survey of Recent College minutes to complete the survey. NSF Permit Application: 2013–006. Graduates (NSRCG). estimates that the total annual burden Activity for Which Permit Is The purpose of this longitudinal will be no more than 48,333 hours Requested: Take. Once emperor survey is to provide national estimates during the 2013 survey cycle. penguins depart the colony after raising on the science and engineering Dated: May 25, 2012. their chicks their natural history is workforce and changes in their Suzanne H. Plimpton, nearly unknown. They migrate to some employment, education, and Reports Clearance Officer, National Science of the most remote regions of the demographic characteristics. The NSCG Foundation. Antarctic. The reason for the migration is one of the component surveys of the [FR Doc. 2012–13248 Filed 5–31–12; 8:45 am] is thought to be to find fertile foraging areas and a stable platform of sea ice Scientists and Engineers Statistical Data BILLING CODE 7555–01–P System (SESTAT), which produces where they can endure their complete national estimates of the size and feather molt of 35 days before going characteristics of the nation’s science NATIONAL SCIENCE FOUNDATION back to sea. This is the most critical and engineering population. The 2013 time in the life cycle for adult birds. If NSCG will provide necessary input into Notice of Permit Applications Received they do not feed well before and after the SESTAT. Under the Antarctic Conservation Act the molt, they are at the greatest risk for The National Science Foundation Act of 1978 (Pub. L. 95–541) survival. For a host of reasons it is desirable to know more about this of 1950, as subsequently amended, AGENCY: National Science Foundation. includes a statutory charge to ‘‘* * * critical time, and one of the overriding ACTION: Notice of Permit Applications incentives is to know how best to provide a central clearinghouse for the Received under the Antarctic collection, interpretation, and analysis conserve this great natural resource of Conservation Act of 1978, Public Law the bird, the food source, and the of data on scientific and engineering 95–541. resources, and to provide a source of habitat. Acting as our guide these tagged birds will tell us much about their information for policy formulation by SUMMARY: The National Science other agencies of the Federal Foundation (NSF) is required to publish environment. Taking advantage of the Government.’’ The NSCG is designed to a notice of permit applications received opportunity to go to one of these great comply with these mandates by to conduct activities regulated under the molting areas and determine the providing information on the supply Antarctic Conservation Act of 1978. foraging areas and the travel of the birds and utilization of the nation’s scientists NSF has published regulations under on their return to the breeding colonies and engineers the Antarctic Conservation Act at Title is the goal. This can only be 45 Part 670 of the Code of Federal accomplished remotely using the most The NSF uses the information from advanced technology of the day, and the NSCG to prepare congressionally Regulations. This is the required notice of permit applications received. that is satellite transmitters that will mandated reports such as Women, provide data about their aquatic DATES: Minorities and Persons with Disabilities Interested parties are invited to behavior and travel positions on a day in Science and Engineering and Science submit written data, comments, or to day schedule. Body mass and Engineering Indicators. A public views with respect to this permit measurement is one of the least release file of collected data, designed to application by July 2, 2012. This intrusive, and most direct ways of protect respondent confidentiality, will application may be inspected by determining the condition of the animal. be made available to researchers on the interested parties at the Permit Office, They will be weighed just prior to the Internet. address below. attachment of the transmitter, and soon The U.S. Census Bureau, as in the ADDRESSES: Comments should be after they have completed the molt. A past, will conduct the NSCG for NSF. addressed to Permit Office, Room 755, few feathers will also be collected to The survey data collection will begin in Office of Polar Programs, National determine gender by molecular analysis February 2013 using Web and mail Science Foundation, 4201 Wilson back in the home laboratory. Gender is questionnaires. Nonrespondents to the Boulevard, Arlington, Virginia 22230. an important variable related to the life Web or mail questionnaire will be FOR FURTHER INFORMATION CONTACT: history of any animal, and should be followed up by computer-assisted Polly A. Penhale at the above address or determined whenever possible. telephone interviewing. The survey will (703) 292–7420. The applicant plans to be onboard the be collected in conformance with the SUPPLEMENTAL INFORMATION: The Nathaniel B. Palmer cruising the Ross Confidential Information Protection and National Science Foundation, as Sea and will temporarily capture up to Statistical Efficiency Act of 2002, and directed by the Antarctic Conservation 30 adult (after their molt) Emperor the individual’s response to the survey Act of 1978 (Pub. L. 95–541), as penguins to attach a satellite transmitter is voluntary. NSF will ensure that all amended by the Antarctic Science, and remove five feathers for gender information collected will be kept Tourism and Conservation Act of 1996, determination, then release the birds strictly confidential and will be used has developed regulations for the within 20 minutes after capture. only for statistical purposes. establishment of a permit system for Location: Ross Island vicinity.

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Dates: December 1, 2012 to April 30, SECURITIES AND EXCHANGE Filing Dates: The application was 2013. COMMISSION filed on October 26, 2011, and amended on May 17, 2012. Nadene G. Kennedy, [Release No. IC–30084] Applicant’s Address: 9347 A Permit Officer, Office of Polar Programs. Founders St., Fort Mill, SC 29708. [FR Doc. 2012–13299 Filed 5–31–12; 8:45 am] Notice of Applications for Legg Mason Investors Trust, Inc. BILLING CODE 7555–01–P Deregistration Under Section 8(f) of the Investment Company Act of 1940 [File No. 811–7692] Summary: Applicant seeks an order NATIONAL SCIENCE FOUNDATION May 25, 2012. declaring that it has ceased to be an The following is a notice of investment company. On April 21, Proposal Review; Notice of Meetings applications for deregistration under 2010, applicant transferred its assets to section 8(f) of the Investment Company Legg Mason Capital Management Value In accordance with the Federal Act of 1940 for the month of May 2012. Trust, Inc., based on net asset value. Advisory Committee Act (Pub. L. 92– A copy of each application may be Expenses of $237,200 incurred in 463, as amended), the National Science obtained via the Commission’s Web site connection with the reorganization were Foundation (NSF) announces its intent by searching for the file number, or for paid by applicant and Legg Mason, Inc. to hold proposal review meetings an applicant using the Company name Filing Dates: The application was throughout the year. The purpose of box, at http://www.sec.gov/search/ filed on November 10, 2011 and these meetings is to provide advice and search.htm or by calling (202) 551– amended on May 17, 2012. recommendations concerning proposals 8090. An order granting each Applicant’s Address: 100 submitted to the NSF for financial application will be issued unless the International Dr., 7th Floor, Baltimore, support. The agenda for each of these SEC orders a hearing. Interested persons MD 21202. meetings is to review and evaluate may request a hearing on any DWS Equity Trust proposals as part of the selection application by writing to the SEC’s process for awards. The review and Secretary at the address below and [File No. 811–8599] evaluation may also include assessment serving the relevant applicant with a Summary: Applicant seeks an order of the progress of awarded proposals. copy of the request, personally or by declaring that it has ceased to be an The majority of these meetings will take mail. Hearing requests should be investment company. On December 1, place at NSF, 4201 Wilson, Blvd., received by the SEC by 5:30 p.m. on 2011, applicant transferred its assets to Arlington, Virginia 22230. June 19, 2012, and should be DWS Select Alternative Allocation Fund accompanied by proof of service on the and DWS Disciplined Market Neutral These meetings will be closed to the applicant, in the form of an affidavit or, Fund, each a series of DWS Market public. The proposals being reviewed for lawyers, a certificate of service. Trust, based on net asset value. include information of a proprietary or Hearing requests should state the nature Expenses of $3,833 incurred in confidential nature, including technical of the writer’s interest, the reason for the connection with the reorganization were information; financial data, such as request, and the issues contested. paid by the series of applicant. salaries; and personal information Persons who wish to be notified of a Filing Date: The application was filed concerning individuals associated with hearing may request notification by on May 8, 2012. the proposals. These matters are exempt writing to the Secretary, U.S. Securities Applicant’s Address: 345 Park Ave., under 5 U.S.C. 552b(c), (4) and (6) of the and Exchange Commission, 100 F Street New York, NY 10154. Government in the Sunshine Act. NSF NE., Washington, DC 20549–1090. Argentina Fund Inc. will continue to review the agenda and FOR FURTHER INFORMATION CONTACT: merits of each meeting for overall [File No. 811–6387] Diane L. Titus at (202) 551–6810, SEC, compliance of the Federal Advisory Summary: Applicant, a closed-end Division of Investment Management, Committee Act. investment company, seeks an order Office of Investment Company declaring that it has ceased to be an These closed proposal review Regulation, 100 F Street NE., investment company. On December 14, meetings will not be announced on an Washington, DC 20549–8010. 2001, applicant transferred its assets to individual basis in the Federal Register. First Carolina Investors, Inc. Scudder Latin America Fund, a series of NSF intends to publish a notice similar Scudder International Fund, Inc. (811– to this on a quarterly basis. For an [File No. 811–8942] 642), based on net asset value. Expenses advance listing of the closed proposal Summary: Applicant, a closed-end of approximately $30,713 incurred in review meetings that include the names investment company, seeks an order connection with the reorganization were of the proposal review panel and the declaring that it has ceased to be an paid by applicant. time, date, place, and any information investment company. On October 24, Filing Date: The application was filed on changes, corrections, or 2011, applicant made a liquidating on May 15, 2012. cancellations, please visit the NSF Web distribution to its shareholders, based Applicant’s Address: 345 Park Ave., site: http://www.nsf.gov. This on net asset value. The investment New York, NY 10154. information may also be requested by company’s remaining assets were Credit Suisse Large Cap Blend Fund, telephoning, 703–292–8182. transferred to a liquidating trust, FCI Inc. Dated: May 29, 2012. Liquidating Trust, and shareholders were issued pro rata beneficial interests [File No. 811–8921] Susanne Bolton, in FCI Liquidating Trust. Expenses of Summary: Applicant seeks an order Committee Management Officer. $331,615 incurred in connection with declaring that it has ceased to be an [FR Doc. 2012–13272 Filed 5–31–12; 8:45 am] the liquidation were paid by applicant investment company. On October 7, BILLING CODE 7555–01–P and FCI Liquidating Trust, applicant’s 2011, applicant transferred its assets to liquidating trust. Aberdeen U.S. Equity I Fund, a series of

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Aberdeen Funds, based on net asset net asset value. Expenses of $276,320 Special Value Continuation Partners, value. Expenses of $99,475 incurred in incurred in connection with the LP connection with the reorganization were reorganization were paid by Old Mutual [File No. 811–21935] paid by Credit Suisse Asset Capital, applicant’s investment adviser. Management, LLC, applicant’s Filing Date: The application was filed TCP Capital Corp. investment adviser, and Aberdeen Asset on April 26, 2012. [File No. 811–21936] Management Inc., investment adviser to Applicant’s Address: 4643 South Summary: Each applicant, a closed- the acquiring fund. Ulster Street, Suite 800, Denver, CO end investment company, seeks an Filing Date: The application was filed 80237. order declaring that it has ceased to be on May 16, 2012. an investment company. Each applicant Applicant’s Address: One Madison Credit Suisse Global High Yield Fund, has elected status as a business Ave., New York, NY 10010. Inc. development company under the Act Credit Suisse Capital Funds [File No. 811–8927] and maintains its current portfolio, debts and other liabilities. Each [File No. 811–4604] Summary: Applicant seeks an order applicant will pay any outstanding or declaring that it has ceased to be an Summary: Applicant seeks an order other liabilities as they come due in the investment company. On August 27, declaring that it has ceased to be an ordinary course of business. investment company. On October 7, 2010, applicant transferred its assets to Filing Date: The application for 2011, applicant transferred its assets to Credit Suisse Floating Rate High Income Special Value Continuation Partners, LP Aberdeen U.S. Equity II Fund, a series Fund, a series of Credit Suisse was filed on April 2, 2012, and of Aberdeen Funds, based on net asset Opportunity Funds, based on net asset amended on May 14, 2012. The value. Expenses of $96,502 incurred in value. Expenses of $49,979 incurred in application for TCP Capital Corp. was connection with the reorganization were connection with the reorganization were filed on April 9, 2012, and amended on paid by Credit Suisse Asset paid by Credit Suisse Asset May 14, 2012. Management, LLC, applicant’s Management, LLC, applicant’s Applicants’ Address: 2951 28th investment adviser, and Aberdeen Asset investment adviser. Street, Suite 1000, Santa Monica, CA Management Inc., investment adviser to Filing Dates: The application was 90405. the acquiring fund. filed on December 15, 2010 and For the Commission, by the Division of Filing Dates: The application was amended on April 23, 2012. Investment Management, pursuant to filed on April 23, 2012, and amended on Applicant’s Address: One Madison delegated authority. May 15, 2012. Ave., New York, NY 10010. Kevin M. O’Neill, Applicant’s Address: One Madison Deputy Secretary. Ave., New York, NY 10010. Keystone America Tax Free Money Market Fund [FR Doc. 2012–13281 Filed 5–31–12; 8:45 am] BlackRock Equity Dividend Trust BILLING CODE 8011–01–P [File No. 811–4960] [File No. 811–21443] Summary: Applicant seeks an order BlackRock Strategic Equity Dividend declaring that it has ceased to be an SECURITIES AND EXCHANGE Trust investment company. On or about July COMMISSION [File No. 811–21493] 15, 1992, applicant made a liquidating [Release No. 34–67063; File No. SR–FINRA– Summary: Each applicant, a closed- distribution to its shareholders, based 2012–021] end investment company, seeks an on net asset value. Records are not order declaring that it has ceased to be available concerning the expenses Self-Regulatory Organizations; an investment company. On February incurred in connection with the Financial Industry Regulatory 27, 2012, applicants transferred their liquidation. Authority, Inc.; Notice of Designation assets to BlackRock Enhanced Equity Filing Dates: The application was of a Longer Period for Commission Dividend Trust, based on net asset filed on January 3, 2012, and amended Action on Proposed Rule Change value. Expenses of approximately on April 30, 2012. Relating to Post-Trade Transparency $506,042 and $360,003, respectively, for Agency Pass-Through Mortgage- Applicant’s Address: 200 Berkeley St., Backed Securities Traded in Specified incurred in connection with the Boston, MA 02116. reorganization were paid by and Pool Transactions and SBA–Backed BlackRock Advisors, LLC, applicant’s Keystone America Money Market Fund Asset-Backed Securities Transactions investment adviser. [File No. 811–4948] May 25, 2012. Filing Dates: The applications were On April 2, 2012, the Financial filed on April 4, 2012, and BlackRock Summary: Applicant seeks an order declaring that it has ceased to be an Industry Regulatory Authority, Inc. Equity Dividend Trust was amended on (‘‘FINRA’’) filed with the Securities and May 14, 2012. investment company. On or about July 29, 1992, applicant made a liquidating Exchange Commission (the Applicants’ Address: 100 Bellevue ‘‘Commission’’), pursuant to Section Parkway, Wilmington, DE 19809. distribution to its shareholders, based on net asset value. Records are not 19(b)(1) of the Securities Exchange Act 1 Old Mutual Funds I available concerning the expenses of 1934 (the ‘‘Act’’) and Rule 19b–4 thereunder,2 a proposed rule change [File No. 811–21587] incurred in connection with the liquidation. related to post-trade transparency for Summary: Applicant seeks an order Agency Pass-Through Mortgage-Backed declaring that it has ceased to be an Filing Dates: The application was Securities traded in Specified Pool investment company. On April 16, filed on December 28, 2011, and Transactions (‘‘MBS SPT’’) and Asset- 2012, series of the applicant transferred amended on April 25, 2012. their assets to corresponding series of Applicant’s Address: 200 Berkeley St., 1 15 U.S.C. 78s(b)(1). Touchstone Strategic Trust, based on Boston, MA 02116. 2 17 CFR 240.19b4.

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Backed Securities backed by loans SECURITIES AND EXCHANGE the dealer has reasonable grounds for guaranteed as to principal and interest COMMISSION concluding the following and if other by the Small Business Administration known facts do not contradict such a [Release No. 34–67064; File No. SR–MSRB– and traded either in Specified Pool 2012–05] conclusion: (1) The customer has timely Transactions or To Be Announced access to the publicly available material (‘‘SBA–Backed ABS’’). The proposed Self-Regulatory Organizations; facts concerning a municipal securities rule change was published for comment Municipal Securities Rulemaking transaction; (2) the customer is capable in the Federal Register on April 19, Board; Order Granting Approval of a of independently evaluating the 2012.3 The Commission received two Proposed Rule Change Consisting of a investment risk and market value of the comment letters on the proposal.4 Restatement of an Interpretive Notice municipal securities at issue; and (3) the Section 19(b)(2) of the Act 5 provides Concerning the Application of MSRB customer is making independent Rule G–17 to Sophisticated Municipal decisions about its investments in that, within 45 days of the publication 8 of notice of the filing of a proposed rule Market Professionals municipal securities. The Existing change, or within such longer period up SMMP Notice also provides additional May 25, 2012. to 90 days as the Commission may considerations that may be relevant in designate if it finds such longer period I. Introduction determining whether an institutional customer has timely access to publicly to be appropriate and publishes its On March 26, 2012, the Municipal reasons for so finding or as to which the available information, is capable of Securities Rulemaking Board (‘‘Board’’ independently evaluating investment self-regulatory organization consents, or ‘‘MSRB’’) filed with the Securities risk and market value, and is making the Commission shall either approve the and Exchange Commission independent investment decisions. proposed rule change, disapprove the (‘‘Commission’’), pursuant to Section proposed rule change, or institute 19(b)(1) of the Securities Exchange Act Application of Existing SMMP proceedings to determine whether the of 1934 (‘‘Act’’) 1 and Rule 19b–4 Definition proposed rule change should be thereunder,2 a proposed rule change The Existing SMMP Notice addresses disapproved. The 45th day for this filing consisting of a restatement of an a dealer’s obligations to an SMMP under is June 3, 2012. The Commission is interpretive notice (the current MSRB’s Rule G–17 (on fair dealing), extending this 45-day time period. interpretive notice, ‘‘Existing SMMP Rule G–18 (on execution of The Commission finds that it is Notice,’’ and the proposed restated transactions), Rule G–19 (on suitability), appropriate to designate a longer period interpretive notice, ‘‘Restated SMMP and Rule G–13 (on quotations). within which to take action on the Notice’’) concerning the application of According to the MSRB, Rule G–17 proposed rule change so that it has MSRB Rule G–17 (on conduct of requires brokers, dealers, and municipal sufficient time to consider the proposed municipal securities and municipal securities dealers (collectively referred rule change, the comments received, advisory activities) to sophisticated to herein as ‘‘dealers’’) to disclose to and any response to the comments municipal market professionals customers at or before the time of trade submitted by FINRA. The proposed rule (‘‘SMMPs’’).3 The proposed rule change all material information about a change would, among other things, was published for comment in the transaction known by the dealer, as well provide for post-trade transparency of Federal Register on April 13, 2012.4 as all material information about a MBS SPT and SBA–Backed ABS The Commission received one comment security reasonably accessible to the transactions that are reported to the letter on the proposed rule change.5 On market from established industry Trade Reporting and Compliance Engine May 18, 2012, the MSRB submitted a sources.9 The Existing SMMP Notice (‘‘TRACE’’). response letter.6 This order approves the provides that, when a dealer effects a Accordingly, the Commission, proposed rule change. non-recommended secondary market transaction with an SMMP, its pursuant to Section 19(b)(2) of the Act,6 II. Description designates July 18, 2012, as the date by affirmative Rule G–17 disclosure duty which the Commission should either Existing Definition of SMMP concerning material information available from established industry approve or disapprove or institute Under the Existing SMMP Notice, a sources will be deemed satisfied. A proceedings to determine whether to dealer is permitted to treat an dealer, however, may not engage in disapprove the proposed rule change. institutional customer 7 as an SMMP if deceptive, dishonest, or unfair practices For the Commission, by the Division under Rule G–17 or under the federal of Trading and Markets, pursuant to 1 15 U.S.C. 78s(b)(1). 2 securities laws. Further, in a transaction delegated authority.7 17 CFR 240.19b–4. 3 The implementation date for Financial Industry with an SMMP, a dealer’s intentional Kevin M. O’Neill, Regulatory Authority (‘‘FINRA’’) Rule 2111 (Suitability) is July 9, 2012. The MSRB proposed to Deputy Secretary. at least $100 million invested in municipal adopt the same time frame for its Restated SMMP securities in the aggregate in its portfolio and/or [FR Doc. 2012–13254 Filed 5–31–12; 8:45 am] Notice. under management.’’ 4 BILLING CODE 8011–01–P See Securities Exchange Act Release No. 66772 8 Although the Existing SMMP Notice permits a (April 9, 2012), 77 FR 22367 (‘‘Notice’’). dealer to have an investor attest to SMMP status ‘‘as 5 See letter to Elizabeth M. Murphy, Secretary, a means of streamlining the dealers’ process for 3 Securities Exchange Act Release No. 66804 Commission, from David L. Cohen, Managing determining that the customer is an SMMP,’’ it also (April 13, 2012), 77 FR 23524 (April 19, 2012). Director, Associate General Counsel, Securities provides that a dealer may not rely on such an 4 See letter from Chris Killian, Managing Director, Industry and Financial Markets Association, dated attestation if the dealer knows or has reason to Securities Industry and Financial Markets May 4, 2012 (‘‘SIFMA Letter’’). know that the investor lacks sophistication Association, to Elizabeth M. Murphy, Secretary, 6 See letter to Elizabeth M. Murphy, Secretary, concerning a municipal securities transaction based Commission, dated May 10, 2012; letter from Commission, from Ernesto A. Lanza, Deputy on a number of factors set forth in the notice. Michael Nicholas, Chief Executive Officer, Bond Executive Director and Chief Legal Officer, dated 9 See MSRB Interpretive Notice Regarding Rule Dealers of America, to Elizabeth M. Murphy, May 18, 2012 (‘‘MSRB Letter’’). G–17, On Disclosure of Material Facts (March 20, Secretary, Commission, dated May 10, 2012. 7 For purposes of the Existing SMMP Notice, an 2002) and MSRB Guidance On Disclosure and 5 15 U.S.C. 78s(b)(2). institutional customer is defined as ‘‘an entity, Other Sales Practice Obligations to Individual and 6 15 U.S.C. 78s(b)(2). other than a natural person (corporation, Other Retail Investors in Municipal Securities (July 7 17 CFR 200.30–3(a)(31). partnership, trust, or otherwise), with total assets of 14, 2009).

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withholding of a material fact about a execute at the quoted price) and the securities reasonably accessible by security when the information is not price stated in the quotation is based on institutional investors regardless of the accessible through established industry the best judgment of the dealer of the amount of their holdings of municipal sources may constitute an unfair fair market value of the securities that securities. practice that violates Rule G–17. are the subject of the quotation at the As of July 9, 2012, the NASD According to the MSRB, Rule G–18 time the quotation is made. In general, guidance on institutional suitability will provides that each dealer, when any quotation disseminated by a dealer no longer be in effect. It will be replaced executing a transaction in municipal (including the quotation of an investor) by FINRA Rule 2111, which adopts a securities for or on behalf of a customer is presumed to be a quotation made by different approach to a FINRA member’s as agent, must make a reasonable effort the dealer, and the dealer is responsible customer-specific duty of suitability to to obtain a price for the customer that for ensuring compliance with the bona an ‘‘institutional account.’’ Under is fair and reasonable in relation to fide and fair market value requirements FINRA Rule 2111, a dealer’s customer- prevailing market conditions. The with respect to the quotation. However, specific suitability obligation to an Existing SMMP Notice provides that a if a dealer disseminates a quotation that institutional customer will be dealer effecting a non-recommended is actually made by another dealer and considered satisfied if (1) the dealer has secondary market agency transaction for the quotation is labeled as such, then a reasonable basis to believe that the an SMMP is not required to take further the quotation is presumed to be a institutional customer is capable of actions to ensure that the transaction is quotation made by such other dealer evaluating investment risks effected at a fair and reasonable price, and not by the disseminating dealer. In independently, both in general and with if its services have been explicitly such a case, the disseminating dealer is regard to particular transactions and limited to providing anonymity, only required to have no reason to investment strategies involving a communication, order matching, and/or believe that either: (1) The quotation security or securities and (2) the clearance functions and the dealer does does not represent a bona fide bid for, institutional customer affirmatively not exercise discretion as to how or or offer of, municipal securities by the indicates that it is exercising when a transaction is executed. The maker of the quotation; or (2) the price independent judgment in evaluating the Existing SMMP Notice also states that stated in the quotation is not based on this interpretation of Rule G–18 is the best judgment of the maker of the dealer’s recommendations. There will particularly relevant to dealers quotation of the fair market value of the no longer be a detailed listing of factors, operating alternative trading systems, as securities. If a dealer disseminates the such as that found in the Existing dealers operating such systems may be quotation of an SMMP and it is labeled SMMP Notice. The MSRB noted that, merely aggregating the buy and sell as such, the disseminating dealer will be absent clear reasons for treating interest of other dealers or SMMPs.10 A held to the same standard as if it were transactions in municipal securities footnote to the Existing SMMP Notice disseminating a quotation made by differently, from the standpoint of states that the same interpretation another dealer. The Existing SMMP reducing compliance cost, it generally would apply to a broker’s broker when Notice also provides several factors that considers it desirable to maintain executing an agency transaction for are relevant to whether dissemination of consistency with FINRA rules. another dealer. the SMMP’s quotation may be Proposal to Restate SMMP Notice According to the MSRB, under Rule considered to be a violation of Rule G– G–19, in the case of a recommended 13 by the dealer. Because the quality and availability of transaction, a dealer must have a information concerning municipal reasonable basis for recommending a Considerations for Change securities has improved substantially particular security (‘‘reasonable-basis According to the MSRB, in 2002, it since 2002, and to maintain consistency suitability’’), as well as reasonable adopted a definition of SMMP that with the revised FINRA suitability rule grounds for believing the differed from certain other regulatory for institutional customers, the MSRB recommendation is suitable for the definitions of investors considered proposed to retain the concept of an customer to whom it is made, based sophisticated enough to receive special SMMP but revise its definition. upon information available from the treatment under federal securities law. Specifically, the MSRB proposed to issuer of the security or otherwise and The MSRB stated that the SMMP define SMMP as an ‘‘institutional based upon the facts disclosed by the definition was closely modeled on an customer of a dealer that: (1) The dealer customer or otherwise known about the NASD interpretation of its suitability has a reasonable basis to believe is customer (‘‘customer-specific rule,11 which contained a comparable capable of evaluating investment risks suitability’’). The Existing SMMP Notice list of factors found relevant to an and market value independently, both provides that, when a dealer has investor’s independent evaluation of in general and with regard to particular reasonable grounds for concluding that risk and independent investment transactions in municipal securities, an institutional customer is an SMMP, decisions. The MSRB stated that a and (2) affirmatively indicates that it is the dealer’s customer-specific suitability notable difference was that the exercising independent judgment in obligation is fulfilled. definition of SMMP also looked to evaluating the recommendations of the According to the MSRB, under Rule whether the investor had access to dealer.’’ 12 The MSRB also proposed that G–13, no dealer may distribute or material facts and that a key factor for publish, or cause to be distributed or the difference was the lack of 12 ‘‘Institutional customer’’ would be defined as a published, any quotation relating to information available about municipal customer with an ‘‘institutional account.’’ MSRB municipal securities, unless the securities at that time. According to the Rule G–8(a)(xi) defines ‘‘institutional account’’ as quotation is bona fide (i.e., the dealer the account of (i) a bank, savings and loan MSRB, since the adoption of the association, insurance company, or registered making the quotation is prepared to existing definition of SMMP, there has investment company; (ii) an investment adviser been a vast increase in the availability registered either with the Commission under 10 The Existing SMMP Notice also states that of information about municipal Section 203 of the Investment Advisers Act of 1940 dealers operating alternative trading systems, under or with a state securities commission (or any agency the general duty set forth in Rule G–18, must act or office performing like functions); or (iii) any to investigate any alleged pricing irregularities on 11 See NASD IM–2310–3 (Suitability Obligations other entity (whether a natural person, corporation, its systems brought to its attention. to Institutional Customers). Continued

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‘‘[a]s part of the reasonable basis on an agency basis, because, according amount and type of municipal securities analysis required by clause (1), the to the MSRB, at least one major owned or under management by the dealer should consider the amount and alternative trading system engages only institutional customer. The MSRB stated type of municipal securities owned or in principal transactions. that FINRA Rule 2111 contains a under management by the institutional similar, but not identical, requirement III. Comments customer.’’ There would no longer be a that ‘‘the member or associated person threshold requirement that a customer The Commission received one has a reasonable basis to believe that the own or manage a certain amount of comment letter supporting this institutional customer is capable of municipal securities in order to be proposed rule change.14 The commenter evaluating investment risk considered an SMMP. supported the revised definition of independently, both in general and with The MSRB proposed that, in the case SMMP ‘‘as the quality and availability regard to particular transactions and of the affirmation described in clause (2) of information concerning municipal investment strategies involving a of the revised definition of SMMP, securities has greatly improved since security or securities.’’ The MSRB customers be allowed to make the 2002.’’ The commenter agreed that it is emphasized that ‘‘the language in the affirmation orally or in writing and to desirable, from the standpoint of filing regarding the use of a FINRA Rule provide the affirmation on a trade-by- reducing the cost of dealer compliance, 2111 affirmation was not intended to trade basis, on a type-of-municipal- to maintain consistency with FINRA suggest that a representation from an security basis, or for all potential rules, absent clear reasons for treating institutional customer would, by itself, transactions for the customer’s account. transactions in municipal securities satisfy the dealer’s reasonable basis The MSRB stated that this requirement differently. Specifically, the commenter obligation under the first prong of the would be consistent with the supported revising the definition of revised SMMP definition.’’ affirmation requirement of FINRA Rule SMMP so that it is harmonized with FINRA’s revised suitability rule as it IV. Discussion and Commission 2111, and receipt by a dealer of the Findings FINRA 2111 affirmation would also applies to institutional customers. The satisfy this requirement. commenter also expressed support for The Commission has carefully The Restated SMMP Notice would not the ‘‘harmonized compliance regime to considered the proposed rule change, change the application of Rules G–18, allow an institutional customer to the comment letter received and the G–19, and G–13 to SMMPs. However, it provide a single affirmation of their MSRB’s response, and finds that the would change the application of Rule desire to exercise independent judgment proposed rule change is consistent with G–17 to SMMPs, under the assumption in selecting investments to satisfy the requirements of the Act and the that institutional customers now have FINRA Rule 2111 for all products, rules and regulations thereunder substantial access to material including the MSRB’s requirement for applicable to the MSRB.16 Specifically, information about municipal securities. SMMP status.’’ Further, to avoid the Commission finds that the proposed The Existing SMMP Notice excludes a confusion, this commenter supported rule change is consistent with the dealer from the duty to disclose all the MSRB’s proposal to implement the provisions of Section 15B(b)(2)(C) of the material information available from proposed rule change on July 9, 2012, Act,17 which requires, among other established industry sources when it the date on which FINRA Rule 2111 things, that the rules of the MSRB be transacts a non-recommended will become effective. designed to prevent fraudulent and 15 transaction. The Restated SMMP Notice, In its response letter, the MSRB manipulative acts and practices, to however, would apply this exclusion to acknowledged SIFMA’s comment promote just and equitable principles of all transactions with SMMPs, whether regarding harmonization with FINRA trade, to foster cooperation and recommended or self-directed. The Rule 2111. It noted that in one respect, coordination with persons engaged in Restated SMMP Notice would also the revised definition of SMMP would regulating, clearing, settling, processing remove the lists of factors to consider in be identical to the language of FINRA information with respect to, and determining a customer’s status as an Rule 2111—that both would refer to an facilitating transactions in municipal SMMP. In addition, the proposal would institutional customer that affirmatively securities and municipal financial update the Existing SMMP Notice to indicates that it is exercising products, to remove impediments to and reflect developments in the MSRB’s independent judgment in evaluating the perfect the mechanism of a free and interpretations of Rule G–17 since 2002. dealer’s recommendations. As stated in open market in municipal securities and Further, the proposal would remove the Notice, receipt by a dealer of the municipal financial products, and, in endnote 9 to the Existing SMMP Notice, FINRA Rule 2111 affirmation would general, to protect investors, municipal which, according to the MSRB, has been thus satisfy the second clause of the entities, obligated persons, and the construed by some to lessen the duty of revised definition of SMMP. The MSRB public interest. The Commission believes that the a broker’s broker under Rule G–18 in a however also noted that the other part MSRB’s proposal to restate its Existing manner that is inconsistent with the of the revised definition of SMMP SMMP Notice concerning the Board’s proposed Rule G–43 (on would provide that a dealer must have 13 a reasonable basis to believe that an application of Rule G–17 to SMMPs is broker’s brokers). Lastly, the Restated consistent with the Act. As noted by the SMMP Notice would remove the institutional customer is capable of evaluating investment risks and market MSRB, the amount of available language that suggests that transactions information about municipal securities on alternative trading systems are done value independently, both in general and with regard to particular has substantially increased since the Existing SMMP Notice was approved, partnership, trust, or otherwise) with total assets of transactions in municipal securities. at least $50 million. Further, the MSRB noted that the and this information is reasonably 13 See Securities Exchange Act Release No. 66625 Restated SMMP Notice would provide accessible by institutional investors (March 20, 2012), 77 FR 17548 (March 26, 2012) that, as part of the reasonable basis (SR–MSRB–2012–04). The MSRB noted that, under analysis, the dealer should consider the 16 In approving this proposed rule change, the proposed Rule G–43, an alternative trading system Commission has considered the proposed rule’s that had any customers (as defined in MSRB Rule impact on efficiency, competition, and capital D–9) that were not SMMPs would not be excepted 14 See SIFMA Letter, supra note 5. formation. See 15 U.S.C. 78c(f). from the definition of ‘‘broker’s broker.’’ 15 See MSRB Letter, supra note 6. 17 15 U.S.C. 78o–4(b)(2)(C).

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regardless of the amount of their is consistent with the Act, because it com/AboutCBOE/CBOELegalRegulatory holdings of municipal securities.18 For will help to clarify the duties of broker’s Home.aspx), at the Exchange’s Office of example, the MSRB’s Electronic brokers under MSRB rules. Lastly, the the Secretary, and at the Commission. Municipal Market Access system Commission believes that the proposal II. Self-Regulatory Organization’s (‘‘EMMA’’) public Web site is a free on- to remove the language that suggests Statement of the Purpose of, and line source for primary market that transactions on alternative trading Statutory Basis for, the Proposed Rule disclosures, continuing disclosures, systems are done on an agency basis is Change transaction data, variable rate security consistent with the Act, because it will information, market statistics and help to ensure the accuracy of the In its filing with the Commission, the investor education. Also, as noted by Restated SMMP Notice. As noted above, Exchange included statements the MSRB, the Restated SMMP Notice according to the MSRB, at least one concerning the purpose of and basis for would be consistent with FINRA’s new major alternative trading system engages the proposed rule change and discussed rule on suitability obligations for an only in principal transactions. any comments it received on the institutional account, which will be proposed rule change. The text of these implemented on July 9, 2012. The V. Conclusion statements may be examined at the Commission agrees with the MSRB that It is therefore ordered, pursuant to places specified in Item IV below. The such consistency is desirable from the Section 19(b)(2) of the Act,19 that the Exchange has prepared summaries, set standpoint of reducing the cost of dealer proposed rule change (SR–MSRB–2012– forth in sections A, B, and C below, of compliance, absent clear reasons for 05) be, and hereby is, approved. the most significant aspects of such treating transactions in municipal For the Commission, by the Division of statements. securities differently. The Commission, Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s however, notes that under the Restated authority.20 Statement of the Purpose of, and the SMMP Notice, to meet the revised Kevin M. O’Neill, definition of an SMMP, a dealer must Statutory Basis for, the Proposed Rule Deputy Secretary. Change have a reasonable basis to believe the [FR Doc. 2012–13255 Filed 5–31–12; 8:45 am] institutional customer is capable of BILLING CODE 8011–01–P 1. Purpose evaluating investment risks and market value independently, both in general The Exchange proposes to amend its and with regard to particular Customer Large Trade Discount (the SECURITIES AND EXCHANGE ‘‘Discount’’), which is intended to cap transactions in municipal securities. As COMMISSION the MSRB has emphasized, a fees on large customer trades. Currently, representation from an institutional [Release No. 34–67065; File No. SR–CBOE– regular customer transaction fees are customer would not, by itself, satisfy the 2012–047] charged up to the first 10,000 VIX options contracts in a customer order, dealer’s reasonable basis obligation Self-Regulatory Organizations; under this clause of the revised SMMP regardless of how many contracts a Chicago Board Options Exchange, Trading Permit Holder (‘‘TPH’’) definition. Incorporated; Notice of Filing and In light of the increase in access to executes in a given month. The Immediate Effectiveness of a Proposed material information about municipal Exchange hereby proposes to amend the Rule Change To Amend the Fees securities, the Commission believes that Discount to state that, for any TPH that Schedule it is consistent with the Act to expand executes 750,000 or more customer VIX the disclosure exclusion for material May 25, 2012. options contracts in a month, regular information to all transactions with Pursuant to Section 19(b)(1) of the customer transaction fees will only be SMMPs, whether recommended or self- Securities Exchange Act of 1934 (the charged up to the first 7,500 VIX options directed. Accordingly, when a dealer ‘‘Act’’),1 and Rule 19b–4 thereunder,2 contracts per order in that month (the has reasonable grounds for concluding notice is hereby given that on May 17, ‘‘Amendment’’). that the customer is an SMMP, the 2012 the Chicago Board Options The Exchange offers the Discount in dealer’s obligation to ensure disclosure Exchange, Incorporated (the ‘‘Exchange’’ order to encourage growth of new of material information available from or ‘‘CBOE’’) filed with the Securities products, including VIX options, which established industry sources is fulfilled. and Exchange Commission (the the Exchange spent considerable time In addition, the Commission believes ‘‘Commission’’) the proposed rule and resources developing. CBOE that the proposal to amend the change as described in Items I, II, and proposes the Amendment in order to application of Rule G–17 to SMMPs to III below, which Items have been incentivize TPHs to bring more reflect developments in the MSRB’s prepared by the Exchange. The customer VIX options orders to the interpretations of Rule G–17 since 2002 Commission is publishing this notice to Exchange. The greater liquidity and is consistent with the Act, because it solicit comments on the proposed rule trading volume that the Amendment will help to ensure consistency between change from interested persons. encourages would benefit all market MSRB’s rules. Further, the Commission participants trading VIX options. believes that the proposal to remove I. Self-Regulatory Organization’s The proposed change is to take effect endnote 9 to the Existing SMMP Notice Statement of the Terms of Substance of on June 1, 2012. the Proposed Rule Change 2. Statutory Basis 18 As noted above, although the Restated SMMP The Exchange proposes to amend the Notice would not require that an institutional Fees Schedule. The text of the proposed The Exchange believes the proposed customer own or manage a specified amount of rule change is consistent with the Act municipal securities in order to fall within the rule change is available on the definition of SMMP, the Restated SMMP Notice Exchange’s Web site (http://www.cboe. and the rules and regulations does provide that a dealer should consider the thereunder applicable to the Exchange amount and type of municipal securities owned or 19 15 U.S.C. 78s(b)(2). and, in particular, the requirements of under management by the institutional customer in 3 20 Section 6(b) of the Act. Specifically, establishing a reasonable basis to believe that the 17 CFR 200.30–3(a)(12). customer is capable of evaluating investment risks 1 15 U.S.C. 78s(b)(1). and market value independently. 2 17 CFR 240.19b–4. 3 15 U.S.C. 78f(b).

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the Exchange believes the proposed rule • Send an email to rule- ACTION: Notice. change is consistent with Section 6(b)(4) [email protected]. Please include File of the Act,4 which provides that Number SR–CBOE–2012–047 on the SUMMARY: This is a Notice of the Exchange rules may provide for the subject line. Presidential declaration of a major equitable allocation of reasonable dues, disaster for Public Assistance Only for Paper Comments fees, and other charges among its TPHs the State of Kansas (FEMA–4063–DR), and other persons using its facilities. • Send paper comments in triplicate dated 05/24/2012. The Amendment is reasonable because to Elizabeth M. Murphy, Secretary, Incident: Severe storms, tornadoes, it will allow qualifying TPHs to pay Securities and Exchange Commission, straight-line winds, and flooding. lower transaction fees for large customer 100 F Street NE., Washington, DC Incident Period: 04/14/2012 through VIX options transactions. The 20549–1090. 04/15/2012. Amendment is equitable and not All submissions should refer to File Effective Date: 05/24/2012. unfairly discriminatory because it is Number SR–CBOE–2012–047. This file Physical Loan Application Deadline intended to encourage TPHs to bring number should be included on the Date: 07/23/2012. more customer VIX options orders to the subject line if email is used. To help the Exchange, and the resulting increased Commission process and review your Economic Injury (EIDL) Loan volume and liquidity will benefit all comments more efficiently, please use Application Deadline Date: 02/25/2013. market participants trading VIX options. only one method. The Commission will ADDRESSES: Submit completed loan post all comments on the Commission’s applications to: U.S. Small Business B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ Administration, Processing and Statement on Burden on Competition rules/sro.shtml). Copies of the Disbursement Center, 14925 Kingsport CBOE does not believe that the submission, all subsequent Road, Fort Worth, TX 76155. proposed rule change will impose any amendments, all written statements FOR FURTHER INFORMATION CONTACT: A. burden on competition that is not with respect to the proposed rule Escobar, Office of Disaster Assistance, necessary or appropriate in furtherance change that are filed with the U.S. Small Business Administration, of the purposes of the Act. Commission, and all written 409 3rd Street SW., Suite 6050, communications relating to the C. Self-Regulatory Organization’s Washington, DC 20416. proposed rule change between the Statement on Comments on the Commission and any person, other than SUPPLEMENTARY INFORMATION: Notice is Proposed Rule Change Received From those that may be withheld from the hereby given that as a result of the Members, Participants, or Others public in accordance with the President’s major disaster declaration on The Exchange neither solicited nor provisions of 5 U.S.C. 552, will be 05/24/2012, Private Non-Profit received comments on the proposed available for Web site viewing and organizations that provide essential rule change. printing in the Commission’s Public services of governmental nature may file disaster loan applications at the address III. Date of Effectiveness of the Reference Room, 100 F Street NE., Washington, DC 20549, on official listed above or other locally announced Proposed Rule Change and Timing for locations. Commission Action business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such The following areas have been The foregoing rule change has become filing also will be available for determined to be adversely affected by effective pursuant to Section inspection and copying at the principal the disaster: 19(b)(3)(A) 5 of the Act and paragraph (f) offices of the Exchange. All comments 6 Primary Counties: Edwards, Ellsworth, of Rule 19b–4 thereunder. At any time received will be posted without change; Harper, Hodgeman, Jewell, Kiowa, within 60 days of the filing of the the Commission does not edit personal Mitchell, Osborne, Rice, Rush, proposed rule change, the Commission identifying information from Russell, Sedgwick, Stafford, summarily may temporarily suspend submissions. You should submit only Sumner. such rule change if it appears to the information that you wish to make The Interest Rates are: Commission that such action is available publicly. All submissions necessary or appropriate in the public should refer to File Number SR–CBOE– Percent interest, for the protection of investors, 2012–047, and should be submitted on or otherwise in furtherance of the or before June 22, 2012. For Physical Damage: purposes of the Act. Non-Profit Organizations With For the Commission, by the Division of Credit Available Elsewhere ..... 3.125 Trading and Markets, pursuant to delegated IV. Solicitation of Comments Non-Profit Organizations Without authority.7 Interested persons are invited to Credit Available Elsewhere ..... 3.000 Kevin M. O’Neill, submit written data, views, and For Economic Injury: arguments concerning the foregoing, Deputy Secretary. Non-Profit Organizations Without Credit Available Elsewhere ..... 3.000 including whether the proposed rule [FR Doc. 2012–13256 Filed 5–31–12; 8:45 am] change is consistent with the Act. BILLING CODE 8011–01–P Comments may be submitted by any of The number assigned to this disaster the following methods: for physical damage is 13080B and for SMALL BUSINESS ADMINISTRATION economic injury is 13081B. Electronic Comments [Disaster Declaration #13080 and #13081] (Catalog of Federal Domestic Assistance • Use the Commission’s Internet Numbers 59002 and 59008) comment form (http://www.sec.gov/ Kansas Disaster #KS–00064 James E. Rivera, rules/sro.shtml); or AGENCY: U.S. Small Business Associate Administrator 4 15 U.S.C. 78f(b)(4). Administration. for Disaster Assistance. 5 15 U.S.C. 78s(b)(3)(A). [FR Doc. 2012–13326 Filed 5–31–12; 8:45 am] 6 17 CFR 240.19b–4(f). 7 17 CFR 200.30–3(a)(12). BILLING CODE 8025–01–P

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SOCIAL SECURITY ADMINISTRATION involved in computer matching applicants for and recipients of programs to: Supplemental Security Income (SSI) [Docket No. SSA 2011–0089] (1) Negotiate written agreements with payments before making a Privacy Act of 1974, as Amended; the other agency or agencies determination of eligibility or payment Computer Matching Program (SSA/ participating in the matching programs; amount. Section 1631(f) of the Act Department of Homeland Security (2) Obtain approval of the matching requires Federal agencies to provide us (DHS))—Match Number 1010 agreement by the Data Integrity Boards with information necessary to verify SSI of the participating Federal agencies; eligibility or benefit amounts or to verify AGENCY: Social Security Administration (3) Publish notice of the computer other information related to these (SSA). matching program in the Federal determinations. Section 202(n)(2) of the ACTION: Notice of a renewal of an Register; Act specifies that the Secretary of existing computer matching program (4) Furnish detailed reports about Homeland Security notify the that will expire on July 18, 2012. matching programs to Congress and Commissioner of Social Security when OMB; certain individuals are removed from SUMMARY: In accordance with the (5) Notify applicants and beneficiaries the United States under sections 237(a) provisions of the Privacy Act, as that their records are subject to and 212(a)(6)(A) of the INA. amended, this notice announces a matching; and renewal of an existing computer (6) Verify match findings before D. Categories of Records and Persons matching program that we are currently reducing, suspending, terminating, or Covered by the Matching Program conducting with DHS. denying a person’s benefits or 1. Aliens Who Leave the United States DATES: We will file a report of the payments. Voluntarily subject matching program with the B. SSA Computer Matches Subject to Using the DHS Benefits Information Committee on Homeland Security and the Privacy Act Governmental Affairs of the Senate; the System (BIS), DHS/USCIS–007, DHS Committee on Oversight and We have taken action to ensure that will identify for us aliens who leave the Government Reform of the House of all of our computer matching programs United States voluntarily. Our systems Representatives; and the Office of comply with the requirements of the of records used in the match are the Information and Regulatory Affairs, Privacy Act, as amended. Master Files of Social Security Number Office of Management and Budget (SSN) Holders and SSN Applications Daniel F. Callahan, (Enumeration System), SSA/OEEAS 60– (OMB). The matching program will be Acting Executive Director, Office of Privacy effective as indicated below. 0058, and the Supplemental Security and Disclosure, Office of the General Counsel. Income Record and Special Veterans ADDRESSES: Interested parties may comment on this notice by either Notice of Computer Matching Program, Benefits (SSIR/SVB or SSR), SSA/ telefaxing to (410) 966–0869, or writing SSA With DHS OASSIS 60–0103. to the Executive Director, Office of A. Participating Agencies BIS provides us the alien’s name, SSN, date of birth (DOB), alien Privacy and Disclosure, Office of the SSA and DHS. General Counsel, 617 Altmeyer identification number, date of Building, 6401 Security Boulevard, B. Purpose of the Matching Program departure, and expected length of stay. To verify the SSN, we will match BIS Baltimore, MD 21235–6401. All The purpose of this matching program data against the names, DOB, and SSNs comments received will be available for is to establish conditions, safeguards, found in our Numident and Alpha- public inspection at this address. and procedures for disclosure of Index files in our Enumeration System. FOR FURTHER INFORMATION CONTACT: The information relating to aliens for We will store and match verified SSNs Executive Director, Office of Privacy matching purposes by DHS and us. DHS against the same elements in our SSR and Disclosure, Office of the General will disclose two separate data files files. Counsel, as shown above. through a computer matching operation SUPPLEMENTARY INFORMATION: for our use in making Federal benefit 2. Aliens Who Are Removed From the eligibility determinations for aliens who United States A. General leave the United States voluntarily and The Computer Matching and Privacy aliens who are removed from the United DHS will identify for us, from their Protection Act of 1988 (Public Law States. Immigration and Enforcement (Pub. L.) 100–503), amended the Privacy Operational Records System Act (5 U.S.C. 552a) by describing the C. Authority for Conducting the (ENFORCE), DHS/ICE–011, aliens who conditions under which computer Matching Program are removed from the United States. matching involving the Federal This agreement is executed under the Immigration and Customs Enforcement government could be performed and Privacy Act of 1974, 5 U.S.C. 552a, as maintains information on removed adding certain protections for persons amended by the Computer Matching aliens from the DHS database known as applying for, and receiving, Federal and Privacy Protection Act of 1988, as the Enforcement Integrated Database benefits. Section 7201 of the Omnibus amended, and the regulations and (EID). Budget Reconciliation Act of 1990 (Pub. guidance promulgated thereunder. Our systems of records used in the L. 101–508) further amended the Legal authority for the disclosures match are the Enumeration System, the Privacy Act regarding protections for under this agreement is the Social SSR, the Master Beneficiary Record such persons. Security Act (Act), 42 U.S.C. (MBR), SSA/OEEAS 60–0090, and the The Privacy Act, as amended, 1383(e)(1)(B), 402(n), 1382(f) and Prisoner Update Processing System regulates the use of computer matching 1382c(a)(1), and the Immigration and (PUPS), SSA/OPB 60–0269. The by Federal agencies when records in a Nationality Act (INA), 8 U.S.C. 1611 and Unverified Prisoner System (UPS) is a system of records are matched with 1612. subsystem of PUPS. UPS users perform other Federal, State, or local government Section 1631(e)(1)(B) of the Act a manual search of fallout cases where records. It requires Federal agencies requires us to verify declarations of the Enumeration and Verification

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System is unable to locate an SSN for an • Estimated Number of Respondents: unmarried person under 18) name into alien deportee. 8,000. the Children’s Passport Issuance Alert ENFORCE, EID provides us • Estimated Number of Responses: Program (CPIAP). CPIAP provides a information including the individual’s 8,000. mechanism for parents or other persons name and alias (if any), SSN (if • Average Hours Per Response: 30 with legal custody of a minor to obtain available), DOB, sex, country of birth, minutes. information regarding whether the • country to which removed, date of Total Estimated Burden: 4,000 hrs. Department has received a passport • Frequency: On occasion. removal, final removal charge code, and • application for the minor. This program DHS ‘‘A’’ number. To verify the SSN, Obligation to Respond: Voluntary. was developed as a means to prevent we will match ENFORCE data against DATES: The Department will accept international abduction of a minor or to our Numident and Alpha-Index files in comments from the public up to 60 days help prevent other travel of a minor our Enumeration System. We match the from June 1, 2012. without the consent of a parent or legal verified SSNs against the existing MBR ADDRESSES: You may submit comments guardian. If a minor’s name and other and SSR records to locate those aliens by any of the following methods: identifying information has been • removed from the United States, and Web: Persons with access to the entered into the CPIAP, when the their dependents or survivors, if any, Internet may view and comment on this Department receives an application for who have claimed and are currently notice by going to the Federal a new, replacement, or renewed receiving Retirement, Survivors and regulations Web site at passport for the minor, the application Disability Insurance and/or SSI benefits. www.regulations.gov. You can search for will be placed on hold for up to 60 days the document by: selecting ‘‘Notice’’ and the Office of Children’s Issues will E. Inclusive Dates of the Matching under Document Type, entering the attempt to notify the requestor of receipt Program Public Notice number as the ‘‘Keyword of the application. Form DS–3077 will The effective date of this matching or ID’’, checking the ‘‘Open for be primarily submitted by a parent or program is July 19, 2012, provided that Comment’’ box, and then click legal guardian of a minor. the following notice periods have ‘‘Search’’. If necessary, use the ‘‘Narrow Methodology: by Agency’’ option on the Results page. lapsed: 30 days after publication of this • The completed form DS–3077 may be notice in the Federal Register and 40 Email: [email protected]. • Mail (paper, disk, or CD–ROM submitted to the Office of Children’s days after notice of the matching submissions): U.S. Department of State, Issues by mail, by fax, or electronically program is sent to Congress and OMB. CA/OCS/PRI, SA–29, 4th Floor, through www.travel.state.gov. The matching program will continue for Washington, DC 20520. Dated: May 19, 2012. 18 months from the effective date and, • Fax: 202–736–9111. Michelle Bernier-Toth, if both agencies meet certain conditions, You must include the DS form it may extend for an additional 12 Managing Director, Bureau of Consular number (if applicable), information Affairs, Department of State. months thereafter. collection title, and OMB control [FR Doc. 2012–13339 Filed 5–31–12; 8:45 am] [FR Doc. 2012–13300 Filed 5–31–12; 8:45 am] number in any correspondence. BILLING CODE 4710–06–P BILLING CODE 4191–02–P FOR FURTHER INFORMATION CONTACT: Requests for additional information regarding the collection listed in this DEPARTMENT OF STATE DEPARTMENT OF STATE notice, including requests for copies of [Public Notice 7910] the proposed information collection [Public Notice 7911] should be made to Derek A Rivers, 30-Day Notice of Proposed Information 60-Day Notice of Proposed Information Bureau of Consular Affairs, Overseas Collection: DS 5507, Affidavit of Collection: DS–3077, Request for Entry Citizens Services (CA/OCS/PRI), U.S. Physical Presence or Residence, Into Children’s Passport Issuance Alert Department of State, SA–29, 4th Floor, Parentage and Support, (OMB Program, OMB 1405–0169 Washington, DC 20520, who may be No.1405–0187) reached on (202) 202–663–3585 or ACTION: Notice of request for public [email protected]. ACTION: Notice of request for public comments. SUPPLEMENTARY INFORMATION: We are comment and submission to OMB of soliciting public comments to permit proposed collection of information. SUMMARY: The Department of State is the Department to: seeking Office of Management and • Evaluate whether the proposed SUMMARY: The Department of State has Budget (OMB) approval for the information collection is necessary for submitted the following information information collection described below. the proper performance of our collection request to the Office of The purpose of this notice is to allow 60 functions. Management and Budget (OMB) for days for public comment in the Federal • Evaluate the accuracy of our approval in accordance with the Register preceding submission to OMB. estimate of the burden of the proposed Paperwork Reduction Act of 1995. • We are conducting this process in collection, including the validity of the Title of Information Collection: DS accordance with the Paperwork methodology and assumptions used. 5507, Affidavit of Physical Presence or Reduction Act of 1995. • Enhance the quality, utility, and Residence, Parentage and Support. • • Title of Information Collection: clarity of the information to be OMB Control Number: OMB Request for Entry into Children’s collected. No.1405–0187. Passport Issuance Alert Program. • Minimize the reporting burden on • Type of Request: Revision. • OMB Control Number: 1405–0169. those who are to respond, including the • Originating Office: Bureau of • Type of Request: Extension. use of automated collection techniques Consular Affairs, Overseas Citizens • Originating Office: CA/OCS/PRI. or other forms of technology. Services (CA/OCS). • Form Number: DS–3077. Abstract of proposed collection: • Form Number: DS–5507. • Respondents: Concerned parents or The information requested will be • Respondents: United States their agents, institutions, or courts. used to support entry of a minor’s (an Citizens.

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• Estimated Number of Respondents: provided by U.S. citizen fathers for information collection title, and OMB 17,784. children born out of wedlock. control number in the subject line of • Estimated Number of Responses: Methodology: The information is your message. 17,784. collected in person. The Bureau of • Fax: (202) 395–5806. Attention: • Average Hours per Response: 30 Consular Affairs is currently exploring Desk Officer for Department of State. minutes. options to make this information FOR FURTHER INFORMATION CONTACT: • Total Estimated Burden: 8,892 collection available electronically. Direct requests for additional hours. • Dated: May 14, 2012. information regarding the collection Frequency: On Occasion. listed in this notice, including requests • Obligation to Respond: Application Michelle Bernier-Toth, Managing Director, Bureau of Consular for copies of the proposed information for Benefits. Although acquisition of collection and supporting documents, to citizenship is not a federal ‘‘benefit,’’ Affairs, Department of State. [FR Doc. 2012–13341 Filed 5–31–12; 8:45 am] Sumitra Siram, who may be reached on applicants will not be able to obtain (202) 453–9250 or at [email protected]. citizenship for their child(ren) if they do BILLING CODE 4710–06–P SUPPLEMENTARY INFORMATION: not provide the information requested We are soliciting public comments to in the form. DEPARTMENT OF STATE permit the Department to: DATES: Submit comments to the Office • Evaluate whether the proposed of Management and Budget (OMB) for [Public Notice 7909] information collection is necessary for up to 30 days from June 1, 2012. 30-Day Notice of Proposed Information the proper performance of our ADDRESSES: Direct comments to the Collection: DS–234, Special Immigrant functions. Department of State Desk Officer in the • Visa Biodata Form, OMB Number Evaluate the accuracy of our Office of Information and Regulatory 1405–0203 estimate of the burden of the proposed Affairs at the Office of Management and collection, including the validity of the Budget (OMB). You may submit ACTION: Notice of request for public methodology and assumptions used. comments by the following methods: • Enhance the quality, utility, and • comment and submission to OMB of Email: proposed collection of information. clarity of the information to be [email protected]. You collected. must include the DS form number, SUMMARY: The Department of State has • Minimize the reporting burden on information collection title, and OMB submitted the following information those who are to respond, including the control number in the subject line of collection request to the Office of use of automated collection techniques your message. Management and Budget (OMB) for or other forms of technology. • Fax: 202–395–5806. Attention: Desk review and approval in accordance with Abstract of proposed collection: Officer for Department of State. the emergency review procedures of the Form DS–234 elicits information used FOR FURTHER INFORMATION CONTACT: You Paperwork Reduction Act of 1995. to determine the eligibility of Iraqi and may obtain copies of the proposed • Title of Information Collection: Afghan nationals who are applying for information collection and supporting Special Immigrant Visa Biodata Form. special immigrant visas to receive documents from Derek A. Rivers, • OMB Control Number: 1405–0203. refugee resettlement benefits. Bureau of Consular Affairs, Overseas • Type of Request: Extension of Methodology: Citizens Services (CA/OCS/PRI), U.S. Currently Approved Collection. The SIV Biodata information form Department of State, SA–29, 4th Floor, • Originating Office: Bureau of (DS–234) is submitted electronically by Washington, DC 20520 or at Population, Refugees, and Migration, the respondent to the National Visa [email protected]. Office of Admissions (PRM/A). Center, which will forward the forms to • Form Number: DS–234. SUPPLEMENTARY INFORMATION: We are the Refugee Processing Center of the • Respondents: Iraqi and Afghan soliciting public comments to permit Bureau of Population, Refugees and Special Immigrant Visa Applicants. the Department to: Migration. • Estimated Number of Respondents: • Evaluate whether the proposed Dated: May 14, 2012. 12,000 per year. information collection is necessary to Kelly A. Gauger, • Estimated Number of Responses: properly perform our functions. Deputy Director, Office of Admissions, Bureau • Evaluate the accuracy of our 12,000 per year. • Average Hours per Response: 20 of Population, Refugees, and Migration, estimate of the burden of the proposed Department of State. collection, including the validity of the minutes. • Total Estimated Burden: 4000 [FR Doc. 2012–13343 Filed 5–31–12; 8:45 am] methodology and assumptions used. BILLING CODE 4710–25–P • hours. Enhance the quality, utility, and • clarity of the information to be Frequency: Once per respondent. • Obligation to Respond: Required to collected. DEPARTMENT OF STATE • Minimize the reporting burden on Obtain or Retain a Benefit. those who are to respond, DATES: Submit comments to the Office [Public Notice 7908] of Management and Budget (OMB) for Abstract of proposed collection: The Culturally Significant Objects Imported up to 30 days from June 1, 2012. purpose of the information collection is for Exhibition Determinations: to determine if a U.S. citizen/national ADDRESSES: Direct comments to the ‘‘Messerschmidt and Modernity’’ parent possesses the requisite physical Department of State Desk Officer in the presence or residence in the United Office of Information and Regulatory SUMMARY: Notice is hereby given of the States prior to their child’s birth to Affairs at the Office of Management and following determinations: Pursuant to transmit U.S. citizenship to the child, to Budget (OMB). You may submit the authority vested in me by the Act of establish parentage of the child, and to comments by the following methods: October 19, 1965 (79 Stat. 985; 22 U.S.C. fulfill the requirements of 8 U.S.C. • Email: 2459), Executive Order 12047 of March 1409(a) which requires a written [email protected]. You 27, 1978, the Foreign Affairs Reform and statement of financial support to be must include the DS form number, Restructuring Act of 1998 (112 Stat.

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2681, et seq.; 22 U.S.C. 6501 note, et Public Participation: This Advisory DEPARTMENT OF TRANSPORTATION seq.), Delegation of Authority No. 234 of Committee meeting is open to the October 1, 1999, and Delegation of public, subject to the capacity of the National Highway Traffic Safety Authority No. 236–3 of August 28, 2000, meeting room. Access to the building is Administration I hereby determine that the objects to be controlled; persons wishing to attend [Docket No. NHTSA–2012–0070] included in the exhibition should contact Kim McClure of the ‘‘Messerschmidt and Modernity,’’ Department of State’s Bureau of East Technical Report: Evaluation of the imported from abroad for temporary Asian and Pacific Affairs at Enhancing Vehicle-to-Vehicle Crash exhibition within the United States, are [email protected] and provide their Compatibility Agreement: of cultural significance. The objects are name, affiliation, date of birth, country Effectiveness of the Primary and imported pursuant to loan agreements of citizenship, government Secondary Energy-Absorbing with the foreign owners or custodians. identification type and number, email Structures on Pickup Trucks and SUVs I also determine that the exhibition or address, and mailing address no later display of the exhibit objects at The J. AGENCY: National Highway Traffic than June 15, 2012. Data from the public Paul Getty Museum, Los Angeles, Safety Administration (NHTSA), California from on or about July 24, is requested pursuant to Public Law 99– Department of Transportation. 399 (Omnibus Act of 1986) as amended; 2012, until on or about October 15, ACTION: Request for comments on 2012, and at possible additional Public Law 107–56 (USA PATRIOT technical report. exhibitions or venues yet to be ACT); and Executive Order 13356. The determined, is in the national interest. primary purpose for collecting this SUMMARY: This notice announces I have ordered that Public Notice of information is to validate the identity of NHTSA’s publication of a Technical these Determinations be published in individuals who enter Department Report reviewing and evaluating the the Federal Register. facilities. Please see the Privacy Impact Enhancing Vehicle-to-Vehicle Crash FOR FURTHER INFORMATION CONTACT: For Assessment for VACS–D at http:// Compatibility Agreement. The report’s further information, including a list of www.state.gov/documents/organization/ title is: Evaluation of the Enhancing the exhibit objects, contact Ona M. 100305.pdf for additional information. Vehicle-to-Vehicle Crash Compatibility Hahs, Attorney-Adviser, Office of the Persons who cannot participate in the Agreement: Effectiveness of the Primary Legal Adviser, U.S. Department of State meeting but who wish to comment are and Secondary Energy-Absorbing (telephone: 202–632–6473). The mailing welcome to do so by email to Kim Structures on Pickup Trucks and SUVs. address is U.S. Department of State, SA– McClure at [email protected]. A DATES: Comments must be received no 5, L/PD, Fifth Floor (Suite 5H03), member of the public needing later than October 1, 2012. Washington, DC 20522–0505. reasonable accommodation should ADDRESSES: Report: The technical report Dated: May 25, 2012. advise the contact person identified is available on the Internet for viewing Ann Stock, above not later than June 15, 2012. in PDF format at http://www- nrd.nhtsa.dot.gov/Pubs/811621.pdf. Assistant Secretary, Bureau of Educational Requests made after that date will be and Cultural Affairs, Department of State. considered, but might not be able to be You may obtain a copy of the report free fulfilled. Members of the public who are of charge by sending a self-addressed [FR Doc. 2012–13334 Filed 5–31–12; 8:45 am] mailing label to Nathan K. Greenwell BILLING CODE 4710–05–P unable to attend the Advisory Committee meeting in person but would (NVS–431), National Highway Traffic like to participate by teleconferencing Safety Administration, Room W53–440, DEPARTMENT OF STATE can contact Kim McClure at 202–647– 1200 New Jersey Avenue SE., 7059 to receive the conference call-in Washington, DC 20590. Comments: You may submit [Public Notice 7907] number and the relevant information. comments [identified by Docket Number The ‘‘100,000 Strong’’ Initiative Federal FOR FURTHER INFORMATION CONTACT: Kim NHTSA–2012–0070] by any of the Advisory Committee: Notice of Meeting McClure, Coordinator—100,000 Strong following methods: Initiative, 202–647–7059. • Federal eRulemaking Portal: Go to SUMMARY: The Bureau of East Asian and Dated: May 25, 2012. http://www.regulations.gov. Follow the Pacific Affairs of the Department of online instructions for submitting State hereby gives notice of a public Kim McClure, comments. meeting of the ‘‘100,000 Strong’’ Coordinator—100,000 Thousand Strong • Fax: 1–202–493–2251. Initiative Federal Advisory Committee. Initiative, Department of State. • Mail: Docket Management Facility, The ‘‘100,000 Strong’’ Federal Advisory [FR Doc. 2012–13335 Filed 5–31–12; 8:45 am] M–30, U.S. Department of Committee, composed of prominent BILLING CODE P Transportation, West Building, Ground China experts and leaders in business, Floor, Rm. W12–140, 1200 New Jersey academic, and non-profit organizations, Avenue SE., Washington, DC 20590. serves a critical advisory role in • Hand Delivery: West Building achieving the Obama Administration’s Ground Floor, Room W12–140, 1200 goal, announced in May 2010, of seeing New Jersey Avenue SE., between 9 a.m. 100,000 Americans study in China by and 5 p.m. Eastern Time, Monday 2014. through Friday, except Federal holidays. DATES: The meeting will take place on You may call Docket Management at Tuesday, June 26, 2012, from 3:00 p.m. 202–366–9826. to 5:00 p.m. EDT at the Department of Instructions: For detailed instructions State, Washington, DC. Participants on submitting comments, see the should arrive by 2:30 p.m. at 2201 C Procedural Matters section of this Street NW., C Street Lobby, and will be document. Note that all comments directed to the meeting room. received will be posted without change

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to http://www.regulations.gov, including submit to the Docket a response to the How do I submit confidential business any personal information provided. comments and, if appropriate, will information? FOR FURTHER INFORMATION CONTACT: supplement or revise the report. If you wish to submit any information Nathan K. Greenwell, Mathematical How do I prepare and submit under a claim of confidentiality, send Statistician, Evaluation Division, NVS– comments? three copies of your complete 431, National Center for Statistics and submission, including the information Analysis, National Highway Traffic Your comments must be written and you claim to be confidential business Safety Administration, Room W53–440, in English. To ensure that your information, to the Chief Counsel, 1200 New Jersey Avenue SE., comments are correctly filed in the National Highway Traffic Safety Washington, DC 20590. Telephone: Docket, please include the Docket Administration, 1200 New Jersey 202–366–2570. Email: number of this document (NHTSA– Avenue SE., Washington, DC 20590. [email protected]. 2012–0070) in your comments. Include a cover letter supplying the For information about NHTSA’s Your primary comments must not be information specified in our evaluations of the effectiveness of more than 15 pages long (49 CFR confidential business information existing regulations and programs: You 553.21). However, you may attach regulation (49 CFR part 512). may see a list of published evaluation additional documents to your primary In addition, send two copies from reports at http://www-nrd.nhtsa.dot.gov/ comments. There is no limit on the which you have deleted the claimed cats/listpublications.aspx? length of the attachments. confidential business information to Id=226&ShowBy=Category and if you U.S. Department of Transportation, Anyone is able to search the click on any report you will be able to Docket Management Facility, M–30, view it in PDF format. electronic form of all comments West Building, Ground Floor, Rm. W12– SUPPLEMENTARY INFORMATION: The received into any of our dockets by the 140, 1200 New Jersey Avenue SE., Enhancing Vehicle-to-Vehicle Crash name of the individual submitting the Washington, DC 20590, or submit them Compatibility Agreement (EVC) was comment (or signing the comment, if via the Federal eRulemaking Portal. established in 2003 as a voluntary submitted on behalf of an association, measure to reduce occupant fatalities of business, labor union, etc.). You may Will the agency consider late passenger cars in crashes with light review DOT’s complete Privacy Act comments? trucks and vans, including pickup Statement in the Federal Register In our response, we will consider all trucks, SUVs, minivans, and full-size published on April 11, 2000 (65 FR comments that Docket Management vans, generically abbreviated as LTVs. 19477) or you may visit http:// receives before the close of business on Manufacturers agreed upon voluntary www.regulations.gov. the comment closing date indicated standards for LTVs to reduce the height Please send two paper copies of your above under DATES. To the extent mismatches between these LTVs and comments to Docket Management, fax possible, we will also consider passenger cars. NHTSA statistically them, or use the Federal eRulemaking comments that Docket Management compared car-occupant fatality risk in Portal. The mailing address is U. S. receives after that date. crashes with pickup trucks and SUVs, Department of Transportation, Docket Please note that even after the referred throughout the report as light Management Facility, M–30, West comment closing date, we will continue trucks, built just before and just after Building, Ground Floor, Rm. W12–140, to file relevant information in the self-certification to the agreement based 1200 New Jersey Avenue SE., Docket as it becomes available. Further, on FARS and Polk data from 2002 to Washington, DC 20590. The fax number some people may submit late comments. 2010. Overall, there was a statistically is 1–202–493–2251. To use the Federal Accordingly, we recommend that you significant 8-percent reduction in car- eRulemaking Portal, go to http:// periodically check the Docket for new occupant fatalities of passenger cars www.regulations.gov and follow the material. after light trucks self-certified to the online instructions for submitting How can I read the comments submitted agreement. However, for pickup trucks comments. by other people? and SUVs separately, the effectiveness We also request, but do not require You may read the materials placed in is inconsistent. Pickup trucks you to send a copy to Nathan K. the docket for this document (e.g., the experienced a non-significant increase Greenwell, Mathematical Statistician, comments submitted in response to this of 5-percent likelihood of occupant Evaluation Division, NVS–431, National document by other interested persons) fatalities of passenger cars, while SUVs Highway Traffic Safety Administration, at any time by going to http:// were associated with a significant 17- Room W53–440, 1200 New Jersey www.regulations.gov. Follow the online percent reduction. Furthermore, a Avenue SE., Washington, DC 20590 (or instructions for accessing the dockets. supplementary non-parametric analysis email them to You may also read the materials at the does not show fatality reduction for [email protected]). He can Docket Management Facility by going to significantly more than 50 percent of the check if your comments have been the street address given above under makes and models. Overall, these received at the Docket and he can ADDRESSES. The Docket Management results provide some evidence that the expedite their review by NHTSA. EVC has reduced fatalities but are not Facility is open between 9 a.m. and 5 sufficiently strong to permit an How can I be sure that my comments p.m. Eastern Time, Monday through unequivocal conclusion that it has been were received? Friday, except Federal holidays. effective in reducing fatality risk to car If you wish Docket Management to Authority: 49 U.S.C. 30111, 30168; occupants. delegation of authority at 49 CFR 1.50 and notify you upon its receipt of your 501.8. Procedural Matters comments, enclose a self-addressed, stamped postcard in the envelope Terry Shelton, How can I influence NHTSA’s thinking containing your comments. Upon Associate Administrator, National Center for on this subject? receiving your comments, Docket Statistics and Analysis. NHTSA welcomes public review of Management will return the postcard by [FR Doc. 2012–13249 Filed 5–31–12; 8:45 am] the technical report. NHTSA will mail. BILLING CODE 4910–59–P

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DEPARTMENT OF TRANSPORTATION not involve environmental issues,2 to consummation, the authority to formal expressions of intent to file an abandon will automatically expire. Surface Transportation Board OFA under 49 CFR 1152.27(c)(2),3 and Board decisions and notices are trail use/rail banking requests under 49 available on our Web site at ‘‘www.stb. [Docket No. AB 1088X] CFR 1152.29 must be filed by June 11, dot.gov.’’ 2012. Petitions to reopen or requests for Decided: May 25, 2012. Jackson, Gordonville and Delta public use conditions under 49 CFR Railroad Company—Abandonment By the Board, Rachel D. Campbell, 1152.28 4 must be filed by June 21, 2012, Director, Office of Proceedings. Exemption—in Cape Girardeau with the Surface Transportation Board, County, MO Derrick A. Gardner, 395 E Street SW., Washington, DC Clearance Clerk. 20423–0001. Jackson, Gordonville and Delta [FR Doc. 2012–13297 Filed 5–31–12; 8:45 am] A copy of any petition filed with the Railroad Company (JGDR) has filed a BILLING CODE 4915–01–P verified notice of exemption under 49 Board should be sent to JGDR’s CFR part 1152 subpart F–Exempt representative: W. Robert Alderson, Abandonments to abandon Alderson, Alderson, Weiler, Conklin, DEPARTMENT OF TRANSPORTATION approximately 13.3 miles of rail line Burghart & Crow, L.L.C., 2101 SW. 21st between its southern terminus at Street, Topeka, KS 66604. Surface Transportation Board milepost 149.4 in the City of Delta and If the verified notice contains false or [Docket No. FD 35631] its northern terminus at milepost 157.9 misleading information, the exemption near Gordonville, in Cape Girardeau is void ab initio. Saratoga and North Creek Railway, County, Mo. (the line).1 The line JGDR has filed a combined LLC–Operation Exemption—Tahawus traverses United States Postal Service environmental and historic report that Line Zip Codes 63740, 63744, and 63752. addresses the effects, if any, of the JGDR has certified that: (1) No local abandonment on the environment and Saratoga and North Creek Railway, 1 traffic has moved over the line for the historic resources. OEA will issue an LLC (Saratoga), a Class III rail carrier, past 2 years; (2) there is no overhead environmental assessment (EA) by June has filed a verified notice of exemption traffic on the line that has been, or 8, 2012. Interested persons may obtain under 49 CFR 1150.41 to operate an would need to be, rerouted; (3) no a copy of the EA by writing to OEA approximately 29.71-mile line of 2 formal complaint filed by a user of rail (Room 1100, Surface Transportation railroad, known as the Tahawus Line. service on the line (or by a state or local Board, Washington, DC 20423–0001) or The rail line extends between the government entity acting on behalf of by calling OEA at (202) 245–0305. existing connection with Saratoga at such user) regarding cessation of service Assistance for the hearing impaired is milepost NC 0.0 at North Creek and its over the line either is pending with the available through the Federal terminus at milepost NC 29.71 at Surface Transportation Board (Board) or Information Relay Service at 1–800– Newcomb. Saratoga states that it with any U.S. District Court or has been 877–8339. Comments on environmental presently owns the line, which it had decided in favor of complainant within and historic preservation matters must 1 Saratoga is a limited liability company, wholly the 2-year period; and (4) the be filed within 15 days after the EA owned by San Luis & Rio Grande Railroad (SLRG). requirements at 49 CFR 1105.7(c) becomes available to the public. SLRG is a Class III rail carrier and a subsidiary of (environmental report), 49 CFR 1105.11 Environmental, historic preservation, Permian Basin Railways, Inc. (Permian), which in (transmittal letter), 49 CFR 1105.12 public use, or trail use/rail banking turn is owned by Iowa Pacific Holdings, LLC (IPH). IPH and Permian formed Saratoga for the purpose (newspaper publication), and 49 CFR conditions will be imposed, where of operating the entire rail line running between 1152.50(d)(1) (notice to governmental appropriate, in a subsequent decision. Newcomb, N.Y., on the north and Saratoga Springs, agencies) have been met. Pursuant to the provisions of 49 CFR N.Y., on the south, interchanging traffic with the As a condition to this exemption, any Delaware & Hudson Railway Company, Inc. d/b/a 1152.29(e)(2), JGDR shall file a notice of Canadian Pacific (CP) at Saratoga Springs. In two employee adversely affected by the consummation with the Board to signify previous proceedings, the Board authorized abandonment shall be protected under that it has exercised the authority Saratoga to operate between Saratoga Springs and Oregon Short Line Railroad— granted and fully abandoned the line. If Corinth, N.Y., and then between Corinth and North Abandonment Portion Goshen Branch Creek, N.Y. See Saratoga & N. Creek Ry.—Acquis. consummation has not been effected by & Operation Exemption—Del. & Hudson Ry., FD Between Firth & Ammon, in Bingham & JGDR’s filing of a notice of 35500 (STB served June 1, 2011) and Saratoga & N. Bonneville Counties, Idaho, 360 I.C.C. consummation by June 1, 2013, and Creek Ry.—Operation Exemption—Warren Cnty., 91 (1979). To address whether this there are no legal or regulatory barriers N.Y., FD 35500 (Sub-No. 1) (STB served June 1, condition adequately protects affected 2011). 2 Saratoga previously filed a notice of exemption employees, a petition for partial 2 The Board will grant a stay if an informed to operate the Tahawus Line in October 2011. The revocation under 49 U.S.C. 10502(d) decision on environmental issues (whether raised notice of exemption was served and published in must be filed. by a party or by the Board’s Office of Environmental the Federal Register on November 10, 2011. See Provided no formal expression of Analysis (OEA) in its independent investigation) Saratoga & N. Creek Ry.—Operation Exemption— cannot be made before the exemption’s effective intent to file an offer of financial Tahawus Line, FD 35559 (STB served Nov. 10, date. See Exemption of Out-of-Serv. Rail Lines, 5 2011). In a decision served on November 23, 2011 assistance (OFA) has been received, this I.C.C.2d 377 (1989). Any request for a stay should (November Decision), the Acting Director of the exemption will be effective on July 3, be filed as soon as possible so that the Board may Office of Proceedings rejected the notice before it 2012, unless stayed pending take appropriate action before the exemption’s became effective. An appeal was filed by Saratoga effective date. reconsideration. Petitions to stay that do to the November Decision and the appeal was 3 Each OFA must be accompanied by the filing denied by the Board in a decision served on May fee, which is currently set at $1,500. See 49 CFR 14, 2012 (May 2012 Decision). In the May 2012 1 JGDR states that, due to the way the mileposts 1002.2(f)(25). decision, the Board stated that subsequent filings on the line historically were numbered, from 4 JGDR states that it has undertaken no separate have provided sufficient evidence to resolve milepost 149.4 at the City of Delta to milepost 147.0 analysis to determine the line’s suitability for use concerns that led to the notice being rejected, and at Allenville is approximately 2.4 miles, and from for other public purposes. It further states that it is that now a new notice of exemption may be filed milepost 147.0 at Allenville to milepost 157.9 near unaware of any impediment or restriction of title by the railroad. As a result of the May 2012 Gordonville is 10.9 miles, for a total of that would bar the use of the line’s right-of-way for Decision, this new notice of exemption is being approximately 13.3 miles. other public purposes. filed.

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acquired from NL Industries, Inc. (NL) DEPARTMENT OF THE TREASURY feedback about certain tactile features in 2011 as private track outside of the being considered for inclusion in future Board’s regulatory jurisdiction under 49 Submission for OMB Review; United States currency paper designs. U.S.C. 10901–6.3 Saratoga intends to Comment Request Affected Public: Individuals and provide common carrier rail service Organizations. May 29, 2012. Estimated Total Burden Hours: 167. over the subject line connecting to its The Department of the Treasury will existing trackage at North Creek and submit the following information Dawn D. Wolfgang, extending to its connection with CP at collection request to the Office of Treasury PRA Clearance Officer. Saratoga Springs. Saratoga points out Management and Budget (OMB) for [FR Doc. 2012–13303 Filed 5–31–12; 8:45 am] that there are no agreements applicable review and clearance in accordance BILLING CODE 4840–01–P to the line imposing any interchange with the Paperwork Reduction Act of commitments. 1995, Public Law 104–13, on or after the Saratoga certifies that as a result of date of publication of this notice. DEPARTMENT OF THE TREASURY this transaction its projected annual DATES: Comments should be received on Internal Revenue Service revenues will not exceed $5 million and or before July 2, 2012 to be assured of consideration. will not result in Saratoga’s becoming a Proposed Collection; Comment ADDRESSES: Send comments regarding Class I or Class II rail carrier. Request for Form 5884–C the burden estimate, or any other aspect Saratoga states that it intends to of the information collection, including AGENCY: Internal Revenue Service (IRS), consummate the transaction at least 30 suggestion for reducing the burden, to Treasury. days from the filing date of the notice. (1) Office of Information and Regulatory ACTION: Notice and request for The earliest this transaction can be Affairs, Office of Management and comments. consummated is June 16, 2012, the Budget, Attention: Desk Officer for effective date of the exemption (30 days Treasury, New Executive Office SUMMARY: The Department of the after the exemption was filed). Building, Room 10235, Washington, DC Treasury, as part of its continuing effort If the verified notice contains false or 20503, or email at OIRA_Submission@ to reduce paperwork and respondent misleading information, the exemption OMB.EOP.GOV and (2) Treasury PRA burden, invites the general public and is void ab initio. Petitions to revoke the Clearance Officer, 1750 Pennsylvania other Federal agencies to take this exemption under 49 U.S.C. 10502(d) Ave. NW., Suite 8140, Washington, DC opportunity to comment on proposed and/or continuing information may be filed at any time. The filing of 20220, or email at [email protected]. collections, as required by the a petition to revoke will not FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, automatically stay the effectiveness of Copies of the submission(s) may be obtained by calling (202) 927–5331, Public Law 104–13 (44 U.S.C. the exemption. Stay petitions must be 3506(c)(2)(A)). Currently, the IRS is filed no later than June 8, 2012 (at least email at [email protected], or the entire information collection request maybe soliciting comments concerning Form 7 days before the exemption becomes found at www.reginfo.gov. 5884–C, Work Opportunity Credit for effective). Qualified Tax-Exempt Organizations An original and 10 copies of all Bureau of Engraving and Printing (BEP) Hiring Qualified Veterans. pleadings, referring to Docket No. FD OMB Number: 1520–NEW. DATES: Written comments should be 35631, must be filed with the Surface Type of Review: New Collection. received on or before July 31, 2012 to be Transportation Board, 395 E Street SW., Title: Generic Clearance for assured of consideration. Meaningful Access Information Washington, DC 20423–0001. In ADDRESSES: Direct all written comments addition, one copy of each pleading Collections. Abstract: A court order was issued in to Yvette B. Lawrence, Internal Revenue must be served on John D. Heffner, American Council of the Blind v. Service, room 6129, 1111 Constitution Strasburger & Price, 1700 K Street NW., Paulson, 591 F. Supp. 2d 1 (D.D.C. Avenue NW., Washington, DC 20224. Suite 640, Washington, DC 20006. Board 2008) (‘‘ACB v. Paulson’’) requiring the FOR FURTHER INFORMATION CONTACT: decisions and notices are available on Department of the Treasury and BEP to Requests for additional information or our Web site at www.stb.dot.gov. ‘‘provide meaningful access to United copies of the form and instructions Decided: May 29, 2012. States currency for blind and other should be directed to R. Joseph Durbala, (202) 622–3634, at Internal Revenue By the Board, Rachel D. Campbell, visually impaired persons, which steps Service, room 6129, 1111 Constitution Director, Office of Proceedings. shall be completed, in connection with Avenue NW., Washington, DC 20224, or Jeffrey Herzig, each denomination of currency, not later than the date when a redesign of through the Internet at Clearance Clerk. that denomination is next approved by [email protected]. [FR Doc. 2012–13322 Filed 5–31–12; 8:45 am] the Secretary of the Treasury * * * .’’ SUPPLEMENTARY INFORMATION: BILLING CODE 4915–01–P In compliance with the court’s order, Title: Work Opportunity Credit for BEP intends to meet individually with Qualified Tax-Exempt Organizations 3 Saratoga states that the Board found in the May blind and visually impaired persons and Hiring Qualified Veterans. 2012 Decision that Saratoga did not need any Board request their feedback about tactile OMB Number: 1545–2226. authority to acquire this trackage as such property features that BEP is considering for Form Number: Form 5884–C. was outside the Board’s jurisdiction. See B. Willis, C.P.A., Inc.—Petition for Declaratory Order, FD possible incorporation into the next U.S. Abstract: Form 5884–C, Work 34013 (STB served Oct. 3, 2001) (B. Willis)., aff’d paper currency redesign. BEP Opportunity Credit for Qualified Tax- sub nom. B. Willis, C.P.A., Inc. v. STB, 51 Fed employees will attend national Exempt Organizations Hiring Qualified Appx. 321 (D.C. Cir. 2002) (private track is typically conventions and conferences for Veterans, was developed as a result of built and maintained by a shipper (or its contractors) to serve only that shipper, moving the disabled persons. At those gatherings, VOW to Hire Heroes Act of 2011, PL shipper’s own goods, so that there is no ‘‘holding BEP employees will invite blind and 112–56. Section 261 of PL 112–56 out’’ to serve other shippers for compensation). visually impaired persons to provide expanded the Work Opportunity Credit

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to tax-exempt organizations that hire in the administration of any internal DEPARTMENT OF THE TREASURY unemployed veterans. The tax credit is revenue law. Generally, tax returns and a reduction in payroll taxes paid by the tax return information are confidential, United States Mint tax-exempt organization. Form 5884–C as required by 26 U.S.C. 6103. Price for the 2012 American Eagle San allows a tax-exempt organization a way Request for Comments: Comments Francisco Two-Coin Silver Proof Set to claim the credit and provides the IRS submitted in response to this notice will the information to process the tax credit. be summarized and/or included in the Current Actions: There is no change AGENCY: United States Mint, Department request for OMB approval. All in the paperwork burden previously of the Treasury. comments will become a matter of approved by OMB. This form is being public record. Comments are invited on: ACTION: submitted for renewal purposes only. Notice. Type of Review: Extension of (a) Whether the collection of currently approved collection. information is necessary for the proper SUMMARY: The United States Mint is Affected Public: Individuals or performance of the functions of the announcing the price of the 2012 households, business or other for-profit agency, including whether the American Eagle San Francisco Two- groups, not-for-profit institutions, farms, information shall have practical utility; Coin Silver Proof Set. The coin set will Federal Government, State, Local, or (b) the accuracy of the agency’s estimate be offered for sale at a price of $149.95. Tribal Governments. of the burden of the collection of Estimated Number of Respondents: information; (c) ways to enhance the FOR FURTHER INFORMATION CONTACT: B.B. 60,530. quality, utility, and clarity of the Craig, Associate Director for Sales and Estimated Time per Respondent: 6 information to be collected; (d) ways to Marketing; United States Mint; 801 9th hours 34 minutes. minimize the burden of the collection of Street NW., Washington, DC 20220; or Estimated Total Annual Burden information on respondents, including call 202–354–7500. Hours: 397,683. through the use of automated collection Authority: 31 U.S.C. 5111, 5112 & 9701. The following paragraph applies to all techniques or other forms of information of the collections of information covered technology; and (e) estimates of capital Dated: May 29, 2012.. by this notice: or start-up costs and costs of operation, Richard A. Peterson, An agency may not conduct or maintenance, and purchase of services Deputy Director, United States Mint. sponsor, and a person is not required to to provide information. [FR Doc. 2012–13294 Filed 5–31–12; 8:45 am] respond to, a collection of information Approved: May 24, 2012. unless the collection of information BILLING CODE P displays a valid OMB control number. Yvette B. Lawrence, Books or records relating to a collection IRS Reports Clearance Officer. of information must be retained as long [FR Doc. 2012–13257 Filed 5–31–12; 8:45 am] as their contents may become material BILLING CODE 4830–01–P

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Part II

Department of Homeland Security

U.S. Customs and Border Protection Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers; Notice

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DEPARTMENT OF HOMELAND on October 28, 2000, as part of the constraints in the assessments of SECURITY Agriculture, Rural Development, Food antidumping and countervailing duties, and Drug Administration, and Related the distribution process will be U.S. Customs and Border Protection Agencies Appropriations Act, 2001 (the continued for an undetermined period; ‘‘Act’’). The provisions of the CDSOA however, the amount of money available Distribution of Continued Dumping are contained in title X (§§ 1001–1003) for distribution can be expected to and Subsidy Offset to Affected of the Act. diminish over time. It should also be Domestic Producers The CDSOA, in § 1003 of the Act, noted that amounts distributed may be AGENCY: U.S. Customs and Border amended title VII of the Tariff Act of subject to recovery as a result of Protection, Department of Homeland 1930, as amended, by adding a new reliquidations, court actions, Security. § 754 (codified at 19 U.S.C. 1675c) in administrative errors, and other reasons. ACTION: Notice of intent to distribute order to provide that assessed duties With the diminishing of the amounts offset for Fiscal Year 2012. received pursuant to a countervailing available over time, the likelihood that duty order, an antidumping duty order, these events will require the recovery of SUMMARY: Pursuant to the Continued or a finding under the Antidumping Act funds previously distributed will Dumping and Subsidy Offset Act of of 1921 will be distributed to affected increase. CBP considers the submission 2000, this document is U.S. Customs domestic producers for certain of a certification and the negotiation of and Border Protection’s notice of intent qualifying expenditures that these any distribution checks received as to distribute assessed antidumping or producers incur after the issuance of acknowledgements and acceptance of countervailing duties (known as the such an order or finding. The term the claimant’s obligation to return those continued dumping and subsidy offset) ‘‘affected domestic producer’’ means funds upon demand. for Fiscal Year 2012 in connection with any manufacturer, producer, farmer, List of Orders or Findings and Affected countervailing duty orders, rancher or worker representative Domestic Producers antidumping duty orders, or findings (including associations of such persons) under the Antidumping Act of 1921. who: It is the responsibility of the U.S. This document sets forth the case name (A) Was a petitioner or interested International Trade Commission and number of each order or finding for party in support of a petition with (USITC) to ascertain and timely forward which funds may become available for respect to which an antidumping order, to U.S. Customs and Border Protection distribution, together with the list of a finding under the Antidumping Act of (CBP) a list of the affected domestic affected domestic producers, based on 1921, or a countervailing duty order that producers that are potentially eligible to the list supplied by the United States has been entered, receive an offset in connection with an International Trade Commission (B) Remains in operation continuing order or finding. In this regard, it is (USITC) associated with each order or to produce the product covered by a noted that USITC has supplied CBP finding, who are potentially eligible to countervailing duty order, an with the list of individual antidumping receive a distribution. This document antidumping duty order, or a finding and countervailing duty cases, and the also provides the instructions for under the Antidumping Act of 1921, affected domestic producers associated with each case who are potentially affected domestic producers (and and eligible to receive an offset. This list anyone alleging eligibility to receive a (C) If a company, has not been acquired by another company or appears at the end of this document. distribution) to file certifications to A significant amount of litigation has business that is related to a company claim a distribution in relation to the challenged various provisions of the that opposed the antidumping or listed orders or findings. CDSOA, most notably the definition of countervailing duty investigation that DATES: Certifications to obtain a the term ‘‘affected domestic producer.’’ continued dumping and subsidy offset led to the order or finding, e.g., opposed In two decisions, the Court of Appeals under a particular order or finding must the petition or otherwise presented for the Federal Circuit (CAFC) upheld be received by July 31, 2012. Any evidence in opposition to the petition. the constitutionality of the support certification received after July 31, 2012 The distribution that these parties may requirement contained in the CDSOA. will be denied, making claimants receive is known as the continued In SKF USA, Inc. v. United States, 556 ineligible for the distribution. dumping and subsidy offset. F. 3d 1337 (Fed. Circ. 2009), the CAFC ADDRESSES: Certifications and any other Section 7601(a) of the Deficit held that the CDSOA’s support correspondence (whether by mail, or an Reduction Act of 2005 repealed 19 requirement did not violate either the express or courier service) should be U.S.C. 1675c. According to § 7701 of the First Amendment or the Fifth addressed to the Assistant Deficit Reduction Act, the repeal takes Amendment. The Supreme Court of the Commissioner, Office of effect as if enacted on October 1, 2005. United States denied plaintiff’s petition Administration, U.S. Customs and However, § 7601(b) provided that all for certiorari, 2010 U.S. Lexis 3940 (May Border Protection, Revenue Division, duties collected on an entry filed before 17, 2010). In PS Chez Sidney, L.L.C. v. Attention: Melissa Edwards, 6650 October 1, 2007, shall be distributed as United States, 2010 U.S. App. Lexis Telecom Drive, Suite 100, Indianapolis, if 19 U.S.C. 1675c had not been repealed 22584 (Fed. Circ. 2010), the CAFC IN, 46278. by § 7601(a). The funds available for summarily reversed the U.S. Court of FOR FURTHER INFORMATION CONTACT: distribution were also affected by International Trade’s judgment that the Melissa Edwards, Revenue Division, Section 822 of the Claims Resolution support requirement was 6650 Telecom Drive, Suite 100, Act of 2010 and Section 504 of the Tax unconstitutional, allowing only Indianapolis, IN, 46278; telephone (317) Relief, Unemployment Insurance plaintiff’s non-constitutional claims to 614–4462. Reauthorization, and Job Creation Act of go forward. SUPPLEMENTARY INFORMATION: 2010. As a result, domestic producers who Consequently, the full impact of the are not on the USITC list but believe Background CDSOA repeal on amounts available for they nonetheless are eligible for a The Continued Dumping and Subsidy distribution may be delayed for several CDSOA distribution under one or more Offset Act of 2000 (CDSOA) was enacted years. Because of the statutory antidumping and/or countervailing duty

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cases are required, as are all potential to file a timely certification within 60 The certification must enumerate the claimants that expressly appear on the days after the notice is published. See, qualifying expenditures incurred by the list, to properly file their certification(s) Dixon Ticonderoga v. United States, 468 domestic producer since the issuance of within 60 days after this notice is F.3d 1353, 1354 (Fed. Cir. 2006). an order or finding and it must published. CBP will evaluate the merits demonstrate that the domestic producer Certifications; Submission and Content of such claims in accordance with the is eligible to receive a distribution as an relevant statutes, regulations, and To obtain a distribution of the offset affected domestic producer or allege decisions. Certifications that are not under a given order or finding, an another basis for eligibility. timely filed within the requisite 60 days affected domestic producer (and anyone A successor to a company that was an will be summarily denied. alleging eligibility to receive a affected domestic producer at the time It should also be noted that the CAFC distribution) must submit a certification of acquisition should consult 19 CFR ruled in Canadian Lumber Trade for each order or finding under which 159.61(b)(1)(i). We note that the Alliance v. United States, 517 F.3d 1319 a distribution is sought, to CBP, successor company may assume joint (Fed. Cir. 2008), cert. denied sub nom. indicating their desire to receive a and several liability for the return of any United States Steel v. Canadian Lumber distribution. To be eligible to obtain a overpayments arising under Trade Alliance, 129 S. Ct. 344 (2008), distribution, certifications must be § 159.64(c)(3) that were previously paid that CBP was not authorized to received by CBP no later than 60 to the predecessor. CBP may require the distribute such antidumping and calendar days after the date of successor company to provide countervailing duties to the extent they publication of this notice of intent to documents to support its eligibility to were derived from goods from countries distribute in the Federal Register. All receive a distribution as set out in that are parties to the North American certifications not received by the 60th § 159.63(d). Free Trade Agreement (NAFTA). Due to day will not be eligible to receive a A member company (or its successor) this decision, CBP will no longer list distribution. of an association that appears on the list cases related to NAFTA on the As required by 19 CFR 159.62(b), this of affected domestic producers in this Preliminary Amounts Available report, notice provides the case name and notice, where the member company and no distributions will be issued on number of the order or finding itself does not appear on this list, these cases. concerned, as well as the specific should consult 19 CFR 159.61(b)(1)(ii). instructions for filing a certification Specifically, for a certification under 19 Regulations Implementing the CDSOA under § 159.63 to claim a distribution. CFR 159.61(b)(1)(ii), the claimant must It is noted that CBP published Section 159.62(b) also provides that the name the association of which it is a Treasury Decision (T.D.) 01–68 dollar amounts subject to distribution member and specifically establish that it (Distribution of Continued Dumping that are contained in the Special was a member of the association at the and Subsidy Offset to Affected Domestic Account for each listed order or finding time the association filed the petition Producers) in the Federal Register (66 are to appear in this notice. However, with the USITC and establish that the FR 48546) on September 21, 2001, these dollar amounts were not available company is a current member of the which was effective as of that date, in in time for inclusion in this publication. association. In order to promote order to implement the CDSOA. The The preliminary amounts will be posted accurate filings and more efficiently final rule added a new subpart F to part on the CBP Web site (http:// process the distributions, we offer the 159 of title 19, Code of Federal www.cbp.gov). However, the final following guidance. If claimants are Regulations (19 CFR part 159, subpart F amounts available for disbursement may members of an association but the (§§ 159.61–159.64)). More specific be higher or lower than the preliminary association does not file on their behalf, guidance regarding the filing of amounts. each association will need to provide certifications is provided in this notice CBP will provide general information their members with a statement which in order to aid affected domestic to claimants regarding the preparation contains notarized company specific producers and other domestic producers of certification(s). However, it remains information including dates of alleging eligibility (‘‘claimants’’ or the sole responsibility of the domestic membership, and an original signature ‘‘domestic producers’’). producer to ensure that the certification from an authorized representative of the is correct, complete, and accurate so as association. An association filing a Notice of Intent To Distribute Offset to demonstrate the eligibility of the certification on behalf of a member must This document announces that CBP domestic producer for the distribution also provide a power of attorney or intends to distribute to affected requested. Failure to ensure that the other evidence of legal authorization domestic producers the assessed certification is correct, complete, and from each of the domestic producers it antidumping or countervailing duties accurate as provided in this notice will is representing. An association filing a that are available for distribution in result in the domestic producer not certification on behalf of a member is Fiscal Year 2012 in connection with receiving a distribution. responsible for verifying the accuracy of those antidumping duty orders or Specifically, to obtain a distribution the member’s financial records, which findings or countervailing duty orders of the offset under a given order or support their claim, and is responsible that are listed in this document. All finding, each potential claimant must for that certification. Any association distribution will be issued by paper timely submit a certification containing filing a certification on behalf of a check to the address provided by the the required information detailed below member is responsible for verifying the claimants. Section 159.62(a) of title 19 as to the eligibility of the domestic legal sufficiency and accuracy of the (19 CFR 159.62(a)) provides that CBP producer to receive the requested member’s financial records, which will publish such a notice of intention distribution and the total amount of the support the claim and may be liable for to distribute assessed duties at least 90 distribution that the domestic producer repayment of any claim found to have calendar days before the end of a fiscal is claiming. Certifications should be been paid in error. year. Failure to publish the notice at submitted to the Assistant The association may file a least 90 calendar days before the end of Commissioner, Office of certification in its own right to claim an the fiscal year will not impact an Administration, U.S. Customs and offset for that order or finding, but its affected domestic producer’s obligation Border Protection, Revenue Division. qualifying expenditures would be

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limited to those expenditures that the 7. The specific business organization in the manufacturing of a product that association itself has incurred after the of the domestic producer (corporation, is the subject of the related order or date of the order or finding in partnership, sole proprietorship); finding); (3) Research and development connection with the particular case. 8. The name(s) of any individual(s) (Seeking knowledge and determining As provided in 19 CFR 159.63(a), designated by the domestic producer as the best techniques for production of the certifications to obtain a distribution of the contact person(s) concerning the product that is the subject of the related an offset must be received by CBP no certification, together with the phone order or finding); (4) Personnel training later than 60 calendar days after the date number(s), mailing address, and, if (Teaching of specific useful skills to of publication of the notice of intent in available, facsimile transmission personnel, that will improve the Federal Register. All certifications number(s) and electronic mail (email) performance in the production process received after the 60-day deadline will address(es) for the person(s). of the product that is the subject of the be summarily denied, making claimants Correspondence from CBP will be related order or finding); (5) Acquisition ineligible for the distribution regardless directed to the designated contact(s) by of technology (Acquisition of applied of whether or not they appeared on the either mail or phone or both; scientific knowledge and materials to USITC list. 9. The total dollar amount claimed; achieve an objective in the production 10. The dollar amount claimed by A list of all certifications received will process of the product that is the subject category, as described in the section of the related order or finding); (6) be published on the CBP Web site below entitled ‘‘Amount Claimed for shortly after the receipt deadline. This Health care benefits for employees paid Distribution’’; for by the employer (Health care publication will not confirm acceptance 11. A statement of eligibility, as or validity of the certification, but benefits paid to employees who are described in the section below entitled producing the specific product that is merely receipt of the certification. Due ‘‘Eligibility to Receive Distribution’’; to the high volume of certifications, CBP the subject of the related order or and finding); (7) Pension benefits for is unable to respond to individual 12. For certifications not submitted employees paid for by the employer telephone or written inquiries regarding electronically through http:// (Pension benefits paid to employees the status of a certification appearing on www.pay.gov, an original signature by who are producing the specific product the list. an individual legally authorized to bind that is the subject of the related order or While there is no required format for the producer. finding); (8) Environmental equipment, a certification, CBP has developed a training, or technology (Equipment, standard certification form to aid Qualifying Expenditure Which May Be Claimed for Distribution training, or technology used in the claimants in filing certifications. production of the product that is the Claimants can obtain a copy of the Qualifying expenditures which may subject of the related order or finding, certification form through the link as be offset by a distribution of assessed that will assist in preventing potentially follows: https://www.pay.gov/paygov/ antidumping and countervailing duties harmful factors from impacting the forms/formInstance.html?&form encompass those expenditures that are environment); (9) Acquisition of raw RevisionId=21514933&file= incurred by the domestic producer after materials and other inputs (Purchase of 1302794382215.pdf. issuance of an antidumping duty order unprocessed materials or other inputs The certification form is available at or finding or a countervailing duty needed for the production of the http://www.pay.gov under Public Form order, and prior to its termination, product that is the subject of the related Name entitled CDSOA. The certification provided that such expenditures fall order or finding); and (10) Working form can be submitted electronically within certain categories. The repeal capital or other funds needed to through http://www.pay.gov or by mail. language parallels the termination of an maintain production (Assets of a All certifications not submitted order. Therefore, for duty orders or business that can be applied to its electronically must include original findings that have not been previously production of the product that is the signatures. revoked, expenses must be incurred subject of the related order or finding). Regardless of the format for a before October 1, 2007 to be eligible for Amount Claimed for Distribution certification, per 19 CFR 159.63(b), the offset. For duty orders or findings that certification must contain the following have been revoked, expenses must be In calculating the amount of the information: incurred before the effective date of the distribution being claimed as an offset, 1. The date of this Federal Register revocation to be eligible for offset. For the certification must indicate: (1) The notice; example, assume for case A–331–802 total amount of any qualifying certain frozen warm-water shrimp and expenditures previously certified by the 2. The Commerce case number; prawns from Ecuador, that the order domestic producer, and the amount 3. The case name (producer/country); date is February 1, 2005 and that the certified by category; (2) The total 4. The name of the domestic producer revocation effective date is August 15, amount of those expenditures which and any name qualifier, if applicable 2007. In this case, eligible expenditures have been the subject of any prior (for example, any other name under would have to be incurred between distribution for the order or finding which the domestic producer does February 1, 2005 and August 15, 2007. being certified under 19 U.S.C. 1675c; business or is also known); For the convenience and ease of the and (3) The net amount for new and 5. The mailing address of the domestic producers, CBP is providing remaining qualifying expenditures being domestic producer (if a post office box, guidance on what the agency takes into claimed in the current certification (the the physical street address must also consideration when making a total amount previously certified as appear) including, if applicable, a calculation for each of the following noted in item ‘‘(1)’’ above minus the specific room number or department; categories: (1) Manufacturing facilities total amount that was the subject of any 6. The Internal Revenue Service (IRS) (Any facility used for the transformation prior distribution as noted in item ‘‘(2)’’ number (with suffix) of the domestic of raw material into a finished product above). In accordance with 19 CFR producer, employer identification that is the subject of the related order or 159.63(b)(2)(i)–(b)(2)(iii), CBP will number, or social security number, as finding); (2) Equipment (Goods that are deduct the amount of any prior applicable; used in a business environment to aid distribution from the producer’s

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claimed amount for that case. Total corresponding to the claimant’s alleged complete, and satisfactory so as to amounts disbursed by CBP under the pro rata share of funds from distribution demonstrate the eligibility of the CDSOA for Fiscal Years 2001 through pending the resolution of those legal domestic producer to the distribution 2011 are available on the CBP Web site. issues. requested. Failure to ensure that the Additionally, under 19 CFR 159.61(c), The certification must be executed certification is correct, complete, and these qualifying expenditures must be and dated by a party legally authorized satisfactory will result in the domestic related to the production of the same to bind the domestic producer and it producer not receiving a distribution. product that is the subject of the order must state that the information or finding, with the exception of contained in the certification is true and Verification of Certification expenses incurred by associations accurate to the best of the certifier’s Certifications are subject to CBP’s which must be related to a specific case. knowledge and belief under penalty of verification. Claimants may also be law, and that the domestic producer has Eligibility To Receive Distribution required to provide copies of additional records to support the qualifying records for further review by CBP. As noted, the certification must expenditures being claimed (see section Therefore, parties are required to contain a statement that the domestic below entitled ‘‘Verification of maintain records supporting their producer desires to receive a Certification’’). distribution and is eligible to receive the Moreover as provided in 19 CFR claims for a period of five years after the distribution as an affected domestic 159.64(b)(3), overpayments to affected filing of the certification (19 CFR producer or on another legal basis. Also, domestic producers are recoverable by 159.63(d)). The records must support the domestic producer must affirm that CBP and CBP reserves the right to use each qualifying expenditure enumerated the net amount certified for distribution all available collection tools to recover in the certification and they must does not encompass any qualifying overpayments. Overpayments may support how the qualifying expenditures for which distribution has occur for a variety of reasons such as expenditures are determined to be previously been made (19 CFR reliquidations, court actions, and related to the production of the product 159.63(b)(3)(i)). administrative errors. With the covered by the order or finding. Furthermore, under 19 CFR diminishing of the amounts available Although CBP will accept comments 159.63(b)(3)(ii), where a domestic over time, the likelihood that these and information from the public and producer files a separate certification for events will require the recovery of funds other domestic producers, CBP retains more than one order or finding using the previously distributed will increase. complete discretion regarding the same qualifying expenditures as the CBP considers the submission of a initiation and conduct of investigations basis for distribution in each case, each certification and the negotiation of any stemming from such information. certification must list all the other distribution checks received as Disclosure of Information in orders or findings where the producer is acknowledgements and acceptance of Certifications; Acceptance by Producer claiming the same qualifying the claimant’s obligation to return those expenditures. funds upon demand. The name of the claimant, the total Moreover, as required by 19 U.S.C. dollar amount claimed by the party on Review and Correction of Certification 1675c(b)(1) and 19 CFR 159.63(b)(3)(iii), the certification, as well as the total the certification must include A certification that is submitted in dollar amount that CBP actually information as to whether the domestic response to this notice of distribution disburses to that affected domestic producer remains in operation at the and received within 60 calendar days producer as an offset, will be available time the certifications are filed and after the date of publication of the for disclosure to the public, as specified continues to produce the product notice in the Federal Register may, at in 19 CFR 159.63(e). To this extent, the covered by the particular order or CBP’s sole discretion, be subject to submission of the certification is finding under which the distribution is review before acceptance to ensure that construed as an understanding and sought. If a domestic producer is no all informational requirements are acceptance on the part of the domestic longer in operation, or no longer complied with and that any amounts set producer that this information will be produces the product covered by the forth in the certification for qualifying disclosed to the public. Alternatively, a order or finding, the producer will not expenditures, including the amount statement in a certification that this be considered an affected domestic claimed for distribution, appear to be information is proprietary and exempt producer entitled to receive a correct. A certification that is found to from disclosure will result in CBP’s distribution. be materially incorrect or incomplete rejection of the certification. In addition, as required by 19 U.S.C. will be returned to the domestic 1675c(b)(5) and 19 CFR 159.63(b)(3)(iii), producer within 15 business days after List of Orders or Findings and Related the domestic producer must state the close of the 60 calendar-day filing Domestic Producers whether it has been acquired by a period, as provided in 19 CFR 159.63(c). The list of individual antidumping company that opposed the investigation In making this determination, CBP will duty orders or findings and or was acquired by a business related to not speculate as to the reason for the countervailing duty orders is set forth a company that opposed the error (e.g., intentional, typographical, below together with the affected investigation. If a domestic producer has etc.). CBP must receive a corrected domestic producers associated with been so acquired, the producer will not certification from the domestic producer each order or finding who are be considered an affected domestic and/or an association filing on behalf of potentially eligible to receive an offset. producer entitled to receive a an association member within 10 Those domestic producers not on the distribution. However, CBP may not business days from the date of the list must allege another basis for make a final decision regarding a original denial letter. Failure to receive eligibility in their certification. claimant’s eligibility to receive funds a corrected certification within 10 until certain legal issues which may business days will result in denial of the Dated: May 2, 2012, affect that claimant’s eligibility are certification at issue. It is the sole Deborah Schilling, resolved. In these instances, CBP may responsibility of the domestic producer Acting Assistant Commissioner, Office of withhold an amount of funds to ensure that the certification is correct, Administration.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

A–122–006 ...... AA1921–49 ...... Steel Jacks/Canada ...... Bloomfield Manufacturing (formerly Harrah Manufacturing). Seaburn Metal Products. A–122–047 ...... AA1921–127 ...... Elemental Sulphur/Canada ...... Duval. A–122–085 ...... 731–TA–3 ...... Sugar and Syrups/Canada ...... Amstar Sugar. A–122–401 ...... 731–TA–196 ...... Red Raspberries/Canada ...... Northwest Food Producers’ Association. Oregon Caneberry Commission. Rader Farms. Ron Roberts. Shuksan Frozen Food. Washington Red Raspberry Commission. A–122–503 ...... 731–TA–263 ...... Iron Construction Castings/Canada ...... Alhambra Foundry. Allegheny Foundry. Bingham & Taylor. Campbell Foundry. Charlotte Pipe & Foundry. Deeter Foundry. East Jordan Foundry. Le Baron Foundry. Municipal Castings. Neenah Foundry. Opelika Foundry. Pinkerton Foundry. Tyler Pipe. US Foundry & Manufacturing. Vulcan Foundry. A–122–506 ...... 731–TA–276 ...... Oil Country Tubular Goods/Canada ...... CF&I Steel. Copperweld Tubing. Cyclops. KPC. Lone Star Steel. LTV Steel. Maverick Tube. Quanex. US Steel. A–122–601 ...... 731–TA–312 ...... Brass Sheet and Strip/Canada ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass. Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. Olin. Revere Copper Products. United Steelworkers of America. A–122–605 ...... 731–TA–367 ...... Color Picture Tubes/Canada ...... Industrial Union Department, AFL–CIO. International Association of Machinists & Aerospace Workers. International Brotherhood of Electrical Work- ers. International Union of Electronic, Electrical, Technical, Salaried and Machine Workers. Philips Electronic Components Group. United Steelworkers of America. Zenith Electronics. A–122–804 ...... 731–TA–422 ...... Steel Rails/Canada ...... Bethlehem Steel. CF&I Steel. A–122–814 ...... 731–TA–528 ...... Pure Magnesium/Canada ...... Magnesium Corporation of America. A–122–822 ...... 731–TA–614 ...... Corrosion-Resistant Carbon Steel Flat Prod- Armco Steel. ucts/Canada. Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. LTV Steel. Lukens Steel. National Steel. Nextech. Rouge Steel Co.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. A–122–823 ...... 731–TA–575 ...... Cut-to-Length Carbon Steel Plate/Canada ...... Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. A–122–830 ...... 731–TA–789 ...... Stainless Steel Plate in Coils/Canada ...... Allegheny Ludlum. Armco Steel. J&L Specialty Steel. Lukens Steel. North American Stainless. A–122–838 ...... 731–TA–928 ...... Softwood Lumber/Canada ...... 71 Lumber Co. Almond Bros Lbr Co. Anthony Timberlands. Balfour Lbr Co. Ball Lumber. Banks Lumber Company. Barge Forest Products Co. Beadles Lumber Co. Bearden Lumber. Bennett Lumber. Big Valley Band Mill. Bighorn Lumber Co Inc. Blue Mountain Lumber. Buddy Bean Lumber. Burgin Lumber Co Ltd. Burt Lumber Company. C&D Lumber Co. Ceda-Pine Veneer. Cersosimo Lumber Co Inc. Charles Ingram Lumber Co Inc. Charleston Heart Pine. Chesterfield Lumber. Chips. Chocorua Valley Lumber Co. Claude Howard Lumber. Clearwater Forest Industries. CLW Inc. CM Tucker Lumber Corp. Coalition for Fair Lumber Imports Executive Committee. Cody Lumber Co. Collins Pine Co. Collums Lumber. Columbus Lumber Co. Contoocook River Lumber. Conway Guiteau Lumber. Cornwright Lumber Co. Crown Pacific. Daniels Lumber Inc. Dean Lumber Co Inc. Deltic Timber Corporation. Devils Tower Forest Products. DiPrizio Pine Sales. Dorchester Lumber Co. DR Johnson Lumber. East Brainerd Lumber Co. East Coast Lumber Company.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Eas-Tex Lumber. ECK Wood Products. Ellingson Lumber Co. Elliott Sawmilling. Empire Lumber Co. Evergreen Forest Products. Excalibur Shelving Systems Inc. Exley Lumber Co. FH Stoltze Land & Lumber Co. FL Turlington Lbr Co Inc. Fleming Lumber. Flippo Lumber. Floragen Forest Products. Frank Lumber Co. Franklin Timber Co. Fred Tebb & Sons. Fremont Sawmill. Frontier Resources. Garrison Brothers Lumber Co and Subsidi- aries. Georgia Lumber. Gilman Building Products. Godfrey Lumber. Granite State Forest Prod Inc. Great Western Lumber Co. Greenville Molding Inc. Griffin Lumber Company. Guess Brothers Lumber. Gulf Lumber. Gulf States Paper. Guy Bennett Lumber. Hampton Resources. Hancock Lumber. Hankins Inc. Hankins Lumber Co. Harrigan Lumber. Harwood Products. Haskell Lumber Inc. Hatfield Lumber. Hedstrom Lumber. Herrick Millwork Inc. HG Toler & Son Lumber Co Inc. HG Wood Industries LLC. Hogan & Storey Wood Prod. Hogan Lumber Co. Hood Industries. HS Hofler & Sons Lumber Co Inc. Hubbard Forest Ind Inc. HW Culp Lumber Co. Idaho Veneer Co. Industrial Wood Products. Intermountain Res LLC. International Paper. J Franklin Jones Lumber Co Inc. Jack Batte & Sons Inc. Jasper Lumber Company. JD Martin Lumber Co. JE Jones Lumber Co. Jerry G Williams & Sons. JH Knighton Lumber Co. Johnson Lumber Company. Jordan Lumber & Supply. Joseph Timber Co. JP Haynes Lbr Co Inc. JV Wells Inc. JW Jones Lumber. Keadle Lumber Enterprises. Keller Lumber. King Lumber Co. Konkolville Lumber. Langdale Forest Products. Laurel Lumber Company.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Leavitt Lumber Co. Leesville Lumber Co. Limington Lumber Co. Longview Fibre Co. Lovell Lumber Co Inc. M Kendall Lumber Co. Manke Lumber Co. Marriner Lumber Co. Mason Lumber. MB Heath & Sons Lumber Co. MC Dixon Lumber Co Inc. Mebane Lumber Co Inc. Metcalf Lumber Co Inc. Millry Mill Co Inc. Moose Creek Lumber Co. Moose River Lumber. Morgan Lumber Co Inc. Mount Yonah Lumber Co. Nagel Lumber. New Kearsarge Corp. New South. Nicolet Hardwoods. Nieman Sawmills SD. Nieman Sawmills WY. North Florida. Northern Lights Timber & Lumber. Northern Neck Lumber Co. Ochoco Lumber Co. Olon Belcher Lumber Co. Owens and Hurst Lumber. Packaging Corp of America. Page & Hill Forest Products. Paper, Allied-Industrial, Chemical and Energy Workers International Union. Parker Lumber. Pate Lumber Co Inc. PBS Lumber. Pedigo Lumber Co. Piedmont Hardwood Lumber Co. Pine River Lumber Co. Pinecrest Lumber Co. Pleasant River Lumber Co. Pleasant Western Lumber Inc. Plum Creek Timber. Pollard Lumber. Portac. Potlatch. Potomac Supply. Precision Lumber Inc. Pruitt Lumber Inc. R Leon Williams Lumber Co. RA Yancey Lumber. Rajala Timber Co. Ralph Hamel Forest Products. Randy D Miller Lumber. Rappahannock Lumber Co. Regulus Stud Mills Inc. Riley Creek Lumber. Roanoke Lumber Co. Robbins Lumber. Robertson Lumber. Roseburg Forest Products Co. Rough & Ready. RSG Forest Products. Rushmore Forest Products. RY Timber Inc. Sam Mabry Lumber Co. Scotch Lumber. SDS Lumber Co. Seacoast Mills Inc. Seago Lumber. Seattle-Snohomish.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Seneca Sawmill. Shaver Wood Products. Shearer Lumber Products. Shuqualak Lumber. SI Storey Lumber. Sierra Forest Products. Sierra Pacific Industries. Sigfridson Wood Products. Silver City Lumber Inc. Somers Lbr & Mfg Inc. South & Jones. South Coast. Southern Forest Industries Inc. Southern Lumber. St Laurent Forest Products. Starfire Lumber Co. Steely Lumber Co Inc. Stimson Lumber. Summit Timber Co. Sundance Lumber. Superior Lumber. Swanson Superior Forest Products Inc. Swift Lumber. Tamarack Mill. Taylor Lumber & Treating Inc. Temple-Inland Forest Products. Thompson River Lumber. Three Rivers Timber. Thrift Brothers Lumber Co Inc. Timco Inc. Tolleson Lumber. Toney Lumber. TR Miller Mill Co. Tradewinds of Virginia Ltd. Travis Lumber Co. Tree Source Industries Inc. Tri-State Lumber. TTT Studs. United Brotherhood of Carpenters and Join- ers. Viking Lumber Co. VP Kiser Lumber Co. Walton Lumber Co Inc. Warm Springs Forest Products. Westvaco Corp. Wilkins, Kaiser & Olsen Inc. WM Shepherd Lumber Co. WR Robinson Lumber Co Inc. Wrenn Brothers Inc. Wyoming Sawmills. Yakama Forest Products. Younce & Ralph Lumber Co Inc. Zip-O-Log Mills Inc. A–122–840 ...... 731–TA–954 ...... Carbon and Certain Alloy Steel Wire Rod/Can- AmeriSteel. ada. Birmingham Steel. Cascade Steel Rolling Mills. Connecticut Steel Corp. Co-Steel Raritan. GS Industries. Keystone Consolidated Industries. North Star Steel Texas. Nucor Steel-Nebraska (a division of Nucor Corp). Republic Technologies International. Rocky Mountain Steel Mills. A–122–847 ...... 731–TA–1019B ...... Hard Red Spring Wheat/Canada ...... North Dakota Wheat Commission. A–201–504 ...... 731–TA–297 ...... Porcelain-on-Steel Cooking Ware/Mexico ...... General Housewares. A–201–601 ...... 731–TA–333 ...... Fresh Cut Flowers/Mexico ...... Burdette Coward. California Floral Council. Floral Trade Council. Florida Flower Association. Gold Coast Uanko Nursery.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Hollandia Wholesale Florist. Manatee Fruit. Monterey Flower Farms. Topstar Nursery. A–201–802 ...... 731–TA–451 ...... Gray Portland Cement and Clinker/Mexico ..... Alamo Cement. Blue Circle. BoxCrow Cement. Calaveras Cement. Capitol Aggregates. Centex Cement. Florida Crushed Stone. Gifford-Hill. Hanson Permanente Cement. Ideal Basic Industries. Independent Workers of North America (Locals 49, 52, 89, 192 and 471). International Union of Operating Engineers (Local 12). National Cement Company of Alabama. National Cement Company of California. Phoenix Cement. Riverside Cement. Southdown. Tarmac America. Texas Industries. A–201–805 ...... 731–TA–534 ...... Circular Welded Nonalloy Steel Pipe/Mexico .. Allied Tube & Conduit. American Tube. Bull Moose Tube. Century Tube. CSI Tubular Products. Cyclops. Laclede Steel. LTV Tubular Products. Maruichi American. Sharon Tube. USX. Western Tube & Conduit. Wheatland Tube. A–201–806 ...... 731–TA–547 ...... Carbon Steel Wire Rope/Mexico ...... Bridon American. Macwhyte. Paulsen Wire Rope. The Rochester Corporation. United Automobile, Aerospace and Agricul- tural Implement Workers (Local 960). Williamsport. Wire-rope Works. Wire Rope Corporation of America. A–201–809 ...... 731–TA–582 ...... Cut-to-Length Carbon Steel Plate/Mexico ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. A–201–817 ...... 731–TA–716 ...... Oil Country Tubular Goods/Mexico ...... IPSCO. Koppel Steel. Maverick Tube. Newport Steel. North Star Steel. US Steel. USS/Kobe. A–201–820 ...... 731–TA–747 ...... Fresh Tomatoes/Mexico ...... Accomack County Farm Bureau. Ad Hoc Group of Florida, California, Georgia, Pennsylvania, South Carolina, Tennessee and Virginia Tomato Growers.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Florida Farm Bureau Federation. Florida Fruit and Vegetable Association. Florida Tomato Exchange. Florida Tomato Growers Exchange. Gadsden County Tomato Growers Associa- tion. South Carolina Tomato Association. A–201–822 ...... 731–TA–802 ...... Stainless Steel Sheet and Strip/Mexico ...... Allegheny Ludlum. Armco. Bethlehem Steel. Carpenter Technology Corp. J&L Specialty Steel. North American Stainless. United Steelworkers of America. A–201–827 ...... 731–TA–848 ...... Large-Diameter Carbon Steel Seamless Pipe/ North Star Steel. Mexico. Timken. US Steel. United Steelworkers of America. USS/Kobe. A–201–828 ...... 731–TA–920 ...... Welded Large Diameter Line Pipe/Mexico ...... American Cast Iron Pipe. Berg Steel Pipe. Bethlehem Steel. Napa Pipe/Oregon Steel Mills. Saw Pipes USA. Stupp. US Steel. A–201–830 ...... 731–TA–958 ...... Carbon and Certain Alloy Steel Wire Rod/ AmeriSteel. Mexico. Birmingham Steel. Cascade Steel Rolling Mills. Connecticut Steel Corp. Co-Steel Raritan. GS Industries. Keystone Consolidated Industries. North Star Steel Texas. Nucor Steel-Nebraska (a division of Nucor Corp). Republic Technologies International. Rocky Mountain Steel Mills. A–201–831 ...... 731–TA–1027 ...... Prestressed Concrete Steel Wire Strand/Mex- American Spring Wire Corp. ico. Insteel Wire Products Co. Sivaco Georgia LLC. Strand Tech Martin Inc. Sumiden Wire Products Corp. A–201–834 ...... 731–TA–1085 ...... Purified Carboxymethylcellulose/Mexico ...... Aqualon Co a Division of Hercules Inc. A–274–804 ...... 731–TA–961 ...... Carbon and Certain Alloy Steel Wire Rod/Trin- AmeriSteel. idad & Tobago. Birmingham Steel. Cascade Steel Rolling Mills. Connecticut Steel Corp. Co-Steel Raritan. GS Industries. Keystone Consolidated Industries. North Star Steel Texas. Nucor Steel-Nebraska (a division of Nucor Corp). Republic Technologies International. Rocky Mountain Steel Mills. A–301–602 ...... 731–TA–329 ...... Fresh Cut Flowers/Colombia ...... Burdette Coward. California Floral Council. Floral Trade Council. Florida Flower Association. Gold Coast Uanko Nursery. Hollandia Wholesale Florist. Manatee Fruit. Monterey Flower Farms. Pajaro Valley Greenhouses. Topstar Nursery. A–307–803 ...... 731–TA–519 ...... Gray Portland Cement and Clinker/Venezuela Florida Crushed Stone. Southdown. Tarmac America. A–307–805 ...... 731–TA–537 ...... Circular Welded Nonalloy Steel Pipe/Ven- Allied Tube & Conduit. ezuela. American Tube. Bull Moose Tube.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Century Tube. CSI Tubular Products. Cyclops. Laclede Steel. LTV Tubular Products. Maruichi American. Sharon Tube. USX. Western Tube & Conduit. Wheatland Tube. A–307–807 ...... 731–TA–570 ...... Ferrosilicon/Venezuela ...... AIMCOR. Alabama Silicon. American Alloys. Globe Metallurgical. Oil, Chemical and Atomic Workers (Local 389). Silicon Metaltech. United Autoworkers of America (Local 523). United Steelworkers of America (Locals 2528, 3081, 5171 and 12646). A–307–820 ...... 731–TA–931 ...... Silicomanganese/Venezuela ...... Eramet Marietta. Paper, Allied-Industrial, Chemical and Energy Workers International Union, Local 5–0639. A–331–602 ...... 731–TA–331 ...... Fresh Cut Flowers/Ecuador ...... Burdette Coward. California Floral Council. Floral Trade Council. Florida Flower Association. Gold Coast Uanko Nursery. Hollandia Wholesale Florist. Manatee Fruit. Monterey Flower Farms. Topstar Nursery. A–337–803 ...... 731–TA–768 ...... Fresh Atlantic Salmon/Chile ...... Atlantic Salmon of Maine. Cooke Aquaculture US. DE Salmon. Global Aqua USA. Island Aquaculture. Maine Coast Nordic. Scan Am Fish Farms. Treats Island Fisheries. Trumpet Island Salmon Farm. A–337–804 ...... 731–TA–776 ...... Preserved Mushrooms/Chile ...... LK Bowman. Modern Mushroom Farms. Monterey Mushrooms. Mount Laurel Canning. Mushroom Canning. Southwood Farms. Sunny Dell Foods. United Canning. A–337–806 ...... 731–TA–948 ...... Individually Quick Frozen Red Raspberries/ A&A Berry Farms. Chile. Bahler Farms. Bear Creek Farms. David Burns. Columbia Farms. Columbia Fruit. George Culp. Dobbins Berry Farm. Enfield. Firestone Packing. George Hoffman Farms. Heckel Farms. Wendell Kreder. Curt Maberry. Maberry Packing. Mike & Jean’s. Nguyen Berry Farms. Nick’s Acres. North Fork. Parson Berry Farm. Pickin ’N’ Pluckin. Postage Stamp Farm. Rader.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

RainSweet. Scenic Fruit. Silverstar Farms. Tim Straub. Thoeny Farms. Townsend. Tsugawa Farms. Updike Berry Farms. Van Laeken Farms. A–351–503 ...... 731–TA–262 ...... Iron Construction Castings/Brazil ...... Alhambra Foundry. Allegheny Foundry. Bingham & Taylor. Campbell Foundry. Charlotte Pipe & Foundry. Deeter Foundry. East Jordan Foundry. Le Baron Foundry. Municipal Castings. Neenah Foundry. Opelika Foundry. Pinkerton Foundry. Tyler Pipe. US Foundry & Manufacturing. Vulcan Foundry. A–351–505 ...... 731–TA–278 ...... Malleable Cast Iron Pipe Fittings/Brazil ...... Grinnell. Stanley G Flagg. Stockham Valves & Fittings. U-Brand. Ward Manufacturing. A–351–602 ...... 731–TA–308 ...... Carbon Steel Butt-Weld Pipe Fittings/Brazil .... Ladish. Mills Iron Works. Steel Forgings. Tube Forgings of America. Weldbend. A–351–603 ...... 731–TA–311 ...... Brass Sheet and Strip/Brazil ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass. Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. Olin. Revere Copper Products. United Steelworkers of America. A–351–605 ...... 731–TA–326 ...... Frozen Concentrated Orange Juice/Brazil ...... Alcoma Packing. B&W Canning. Berry Citrus Products. Caulkins Indiantown Citrus. Citrus Belle. Citrus World. Florida Citrus Mutual. A–351–804 ...... 731–TA–439 ...... Industrial Nitrocellulose/Brazil ...... Hercules. A–351–806 ...... 731–TA–471 ...... Silicon Metal/Brazil ...... American Alloys. Globe Metallurgical. International Union of Electronics, Electrical, Machine and Furniture Workers (Local 693). Oil, Chemical and Atomic Workers (Local 389). Silicon Metaltech. SiMETCO. Textile Processors, Service Trades, Health Care Professional and Technical Employees (Local 60). United Steelworkers of America (Locals 5171, 8538 and 12646). A–351–809 ...... 731–TA–532 ...... Circular Welded Nonalloy Steel Pipe/Brazil ..... Allied Tube & Conduit. American Tube. Bull Moose Tube. Century Tube.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

CSI Tubular Products. Cyclops. Laclede Steel. LTV Tubular Products. Maruichi American. Sharon Tube. USX. Western Tube & Conduit. Wheatland Tube. A–351–817 ...... 731–TA–574 ...... Cut-to-Length Carbon Steel Plate/Brazil ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. A–351–819 ...... 731–TA–636 ...... Stainless Steel Wire Rod/Brazil ...... AL Tech Specialty Steel. Armco Steel. Carpenter Technology. Republic Engineered Steels. Talley Metals Technology. United Steelworkers of America. A–351–820 ...... 731–TA–641 ...... Ferrosilicon/Brazil ...... AIMCOR. Alabama Silicon. American Alloys. Globe Metallurgical. Oil, Chemical and Atomic Workers (Local 389). Silicon Metaltech. United Autoworkers of America (Local 523). United Steelworkers of America (Locals 2528, 3081, 5171 and 12646). A–351–824 ...... 731–TA–671 ...... Silicomanganese/Brazil ...... Elkem Metals. Oil, Chemical and Atomic Workers (Local 3– 639). A–351–825 ...... 731–TA–678 ...... Stainless Steel Bar/Brazil ...... AL Tech Specialty Steel. Carpenter Technology. Crucible Specialty Metals. Electralloy. Republic Engineered Steels. Slater Steels. Talley Metals Technology. United Steelworkers of America. A–351–826 ...... 731–TA–708 ...... Seamless Pipe/Brazil ...... Koppel Steel. Quanex. Timken. United States Steel. A–351–828 ...... 731–TA–806 ...... Hot-Rolled Carbon Steel Flat Products/Brazil .. Acme Steel. Bethlehem Steel. California Steel Industries. Gallatin Steel. Geneva Steel. Gulf States Steel. Independent Steelworkers. IPSCO. Ispat/Inland. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Wheeling-Pittsburgh Steel Corp. A–351–832 ...... 731–TA–953 ...... Carbon and Certain Alloy Steel Wire Rod/ AmeriSteel. Brazil. Birmingham Steel. Cascade Steel Rolling Mills. Connecticut Steel Corp. Co-Steel Raritan. GS Industries. Keystone Consolidated Industries. North Star Steel Texas. Nucor Steel-Nebraska (a division of Nucor Corp). Republic Technologies International. Rocky Mountain Steel Mills. A–351–837 ...... 731–TA–1024 ...... Prestressed Concrete Steel Wire Strand/Brazil American Spring Wire Corp. Insteel Wire Products Co. Sivaco Georgia LLC. Strand Tech Martin Inc. Sumiden Wire Products Corp. A–351–840 ...... 731–TA–1089 ...... Certain Orange Juice/Brazil ...... A Duda & Sons Inc. Alico Inc. John Barnelt. Ben Hill Griffin Inc. Bliss Citrus. BTS A Florida General Partnership. Cain Groves. California Citrus Mutual. Cedar Haven Inc. Citrus World Inc. Clonts Groves Inc. Davis Enterprises Inc. D Edwards Dickinson. Evans Properties Inc. Florida Citrus Commission. Florida Citrus Mutual. Florida Farm Bureau Federation. Florida Fruit & Vegetable Association. Florida State of Department of Citrus. Flying V Inc. GBS Groves Inc. Graves Brothers Co. H&S Groves. Hartwell Groves Inc. Holly Hill Fruit Products Co. Jack Melton Family Inc. K-Bob Inc. L Dicks Inc. Lake Pickett Partnership Inc. Lamb Revocable Trust Gerilyn Rebecca S Lamb Trustee. Lykes Bros Inc. Martin J McKenna. Orange & Sons Inc. Osgood Groves. William W Parshall. PH Freeman & Sons. Pierie Grove. Raymond & Melissa Pierie. Roper Growers Cooperative. Royal Brothers Groves. Seminole Tribe of Florida Inc. Silverman Groves/Rilla Cooper. Smoak Groves Inc. Sorrells Groves Inc. Southern Gardens Groves Corp. Southern Gardens Processing Corp. Southern Groves Citrus. Sun Ag Inc. Sunkist Growers Inc. Texas Citrus Exchange. Texas Citrus Mutual. Texas Produce Association. Travis Wise Management Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Uncle Matt’s Fresh Inc. Varn Citrus Growers Inc. A–357–007 ...... 731–TA–157 ...... Carbon Steel Wire Rod/Argentina ...... Atlantic Steel. Continental Steel. Georgetown Steel. North Star Steel. Raritan River Steel. A–357–405 ...... 731–TA–208 ...... Barbed Wire and Barbless Wire Strand/Argen- CF&I Steel. tina. Davis Walker. Forbes Steel & Wire. Oklahoma Steel Wire. A–357–802 ...... 731–TA–409 ...... Light-Walled Rectangular Tube/Argentina ...... Bull Moose Tube. Hannibal Industries. Harris Tube. Maruichi American. Searing Industries. Southwestern Pipe. Western Tube & Conduit. A–357–804 ...... 731–TA–470 ...... Silicon Metal/Argentina ...... American Alloys. Elkem Metals. Globe Metallurgical. International Union of Electronics, Electrical, Machine and Furniture Workers (Local 693). Oil, Chemical and Atomic Workers (Local 389). Silicon Metaltech. SiMETCO. SKW Alloys. Textile Processors, Service Trades, Health Care Professional and Technical Employees (Local 60). United Steelworkers of America (Locals 5171, 8538 and 12646). A–357–809 ...... 731–TA–707 ...... Seamless Pipe/Argentina ...... Koppel Steel. Quanex. Timken. United States Steel. A–357–810 ...... 731–TA–711 ...... Oil Country Tubular Goods/Argentina ...... IPSCO. Koppel Steel. Lone Star Steel. Maverick Tube. Newport Steel. North Star Steel. US Steel. USS/Kobe. A–357–812 ...... 731–TA–892 ...... Honey/Argentina ...... AH Meyer & Sons. Adee Honey Farms. Althoff Apiaries. American Beekeeping Federation. American Honey Producers Association. Anderson Apiaries. Arroyo Apiaries. Artesian Honey Producers. B Weaver Apiaries. Bailey Enterprises. Barkman Honey. Basler Honey Apiary. Beals Honey. Bears Paw Apiaries. Beaverhead Honey. Bee Biz. Bee Haven Honey. Belliston Brothers Apiaries. Big Sky Honey. Bill Rhodes Honey. Richard E Blake. Curt Bronnenbery. Brown’s Honey Farms. Brumley’s Bees. Buhmann Apiaries. Carys Honey Farms. Chaparrel Honey.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Charles Apiaries. Mitchell Charles. Collins Honey. Conor Apiaries. Coy’s Honey Farm. Dave Nelson Apiaries. Delta Bee. Eisele’s Pollination & Honey. Ellingsoa’s. Elliott Curtis & Sons. Charles L Emmons, Sr. Gause Honey. Gene Brandi Apiaries. Griffith Honey. Haff Apiaries. Hamilton Bee Farms. Hamilton Honey. Happie Bee. Harvest Honey. Harvey’s Honey. Hiatt Honey. Hoffman Honey. Hollman Apiaries. Honey House. Honeybee Apiaries. Gary M Honl. Rand William Honl and Sydney Jo Honl. James R & Joann Smith Trust. Jaynes Bee Products. Johnston Honey Farms. Larry Johnston. Ke-An Honey. Kent Honeybees. Lake-Indianhead Honey Farms. Lamb’s Honey Farm. Las Flores Apiaries. Mackrill Honey Farms & Sales. Raymond Marquette. Mason & Sons Honey. McCoy’s Sunny South Apiaries. Merrimack Valley Apiaries & Evergreen Honey. Met 2 Honey Farm. Missouri River Honey. Mitchell Brothers Honey. Monda Honey Farm. Montana Dakota Honey. Northern Bloom Honey. Noye’s Apiaries. Oakes Honey. Oakley Honey Farms. Old Mill Apiaries. Opp Honey. Oro Dulce. Peterson’s ‘‘Naturally Sweet’’ Honey. Potoczak Bee Farms. Price Apiaries. Pure Sweet Honey Farms. Robertson Pollination Service. Robson Honey. William Robson. Rosedale Apiaries. Ryan Apiaries. Schmidt Honey Farms. Simpson Apiaries. Sioux Honey Association. Smoot Honey. Solby Honey. Stahlman Apiaries. Steve E Parks Apiaries. Stroope Bee & Honey. T&D Honey Bee.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Talbott’s Honey. Terry Apiaries. Thompson Apiaries. Triple A Farm. Tropical Blossom Honey. Tubbs Apiaries. Venable Wholesale. Walter L Wilson Buzz 76 Apiaries. Wiebersiek Honey Farms. Wilmer Farms. Brent J Woodworth. Wooten’s Golden Queens. Yaddof Apiaries. A–357–814 ...... 731–TA–898 ...... Hot-Rolled Steel Products/Argentina ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–401–040 ...... AA1921–114 ...... Stainless Steel Plate/Sweden ...... Jessop Steel. A–401–601 ...... 731–TA–316 ...... Brass Sheet and Strip/Sweden ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass. Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. Olin. Revere Copper Products. United Steelworkers of America. A–401–603 ...... 731–TA–354 ...... Stainless Steel Hollow Products/Sweden ...... AL Tech Specialty Steel. Allegheny Ludlum Steel. ARMCO. Carpenter Technology. Crucible Materials. Damacus Tubular Products. Specialty Tubing Group. A–401–801 ...... 731–TA–397–A ...... Ball Bearings/Sweden ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. MPB. Rollway Bearings. Torrington. A–401–801 ...... 731–TA–397–B ...... Cylindrical Roller Bearings/Sweden ...... Barden Corp. Emerson Power Transmission. MPB. Rollway Bearings. Torrington. A–401–805 ...... 731–TA–586 ...... Cut-to-Length Carbon Steel Plate/Sweden ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

United Steelworkers of America. A–401–806 ...... 731–TA–774 ...... Stainless Steel Wire Rod/Sweden ...... AL Tech Specialty Steel. Carpenter Technology. Republic Engineered Steels. Talley Metals Technology. United Steelworkers of America. A–401–808 ...... 731–TA–1087 ...... Purified Carboxymethylcellulose/Sweden ...... Aqualon Co a Division of Hercules Inc. A–403–801 ...... 731–TA–454 ...... Fresh and Chilled Atlantic Salmon/Norway ..... Heritage Salmon. The Coalition for Fair Atlantic Salmon Trade. A–405–802 ...... 731–TA–576 ...... Cut-to-Length Carbon Steel Plate/Finland ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. A–405–803 ...... 731–TA–1084 ...... Purified Carboxymethylcellulose/Finland ...... Aqualon Co a Division of Hercules Inc. A–412–801 ...... 731–TA–399–A ...... Ball Bearings/United Kingdom ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. McGill Manufacturing Co. MPB. Rexnord Inc. Rollway Bearings. Torrington. A–412–801 ...... 731–TA–399–B ...... Cylindrical Roller Bearings/United Kingdom .... Barden Corp. Emerson Power Transmission. MPB. Rollway Bearings. Torrington. A–412–803 ...... 731–TA–443 ...... Industrial Nitrocellulose/United Kingdom ...... Hercules. A–412–805 ...... 731–TA–468 ...... Sodium Thiosulfate/United Kingdom ...... Calabrian. A–412–814 ...... 731–TA–587 ...... Cut-to-Length Carbon Steel Plate/United King- Bethlehem Steel. dom. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. A–412–818 ...... 731–TA–804 ...... Stainless Steel Sheet and Strip/United King- Allegheny Ludlum. dom. Armco Steel. Bethlehem Steel. Butler Armco Independent Union. Carpenter Technology Corp. J&L Specialty Steel. North American Stainless. United Steelworkers of America. Zanesville Armco Independent Organization. A–412–822 ...... 731–TA–918 ...... Stainless Steel Bar/United Kingdom ...... Carpenter Technology. Crucible Specialty Metals. Electralloy. Empire Specialty Steel. Republic Technologies International. Slater Steels. United Steelworkers of America. A–421–701 ...... 731–TA–380 ...... Brass Sheet and Strip/Netherlands ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. North Coast Brass & Copper. Olin. Pegg Metals. Revere Copper Products. United Steelworkers of America. A–421–804 ...... 731–TA–608 ...... Cold-Rolled Carbon Steel Flat Products/Neth- Armco Steel. erlands. Bethlehem Steel. California Steel Industries. Gulf States Steel. Inland Steel Industries. LTV Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. A–421–805 ...... 731–TA–652 ...... Aramid Fiber/Netherlands ...... E I du Pont de Nemours. A–421–807 ...... 731–TA–903 ...... Hot-Rolled Steel Products/Netherlands ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–421–811 ...... 731–TA–1086 ...... Purified Carboxymethylcellulose/Netherlands .. Aqualon Co a Division of Hercules Inc. A–423–077 ...... AA1921–198 ...... Sugar/Belgium ...... Florida Sugar Marketing and Terminal Asso- ciation. A–423–602 ...... 731–TA–365 ...... Industrial Phosphoric Acid/Belgium ...... Albright & Wilson. FMC. Hydrite Chemical. Monsanto. Stauffer Chemical. A–423–805 ...... 731–TA–573 ...... Cut-to-Length Carbon Steel Plate/Belgium ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. A–423–808 ...... 731–TA–788 ...... Stainless Steel Plate in Coils/Belgium ...... Allegheny Ludlum. Armco Steel. Lukens Steel. North American Stainless. United Steelworkers of America. A–427–001 ...... 731–TA–44 ...... Sorbitol/France ...... Lonza. Pfizer.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

A–427–009 ...... 731–TA–96 ...... Industrial Nitrocellulose/France ...... Hercules. A–427–078 ...... AA1921–199 ...... Sugar/France ...... Florida Sugar Marketing and Terminal Asso- ciation. A–427–098 ...... 731–TA–25 ...... Anhydrous Sodium Metasilicate/France ...... PQ. A–427–602 ...... 731–TA–313 ...... Brass Sheet and Strip/France ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass. Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. Olin. Revere Copper Products. United Steelworkers of America. A–427–801 ...... 731–TA–392–A ...... Ball Bearings/France ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. McGill Manufacturing Co. MPB. Rexnord Inc. Rollway Bearings. Torrington. A–427–801 ...... 731–TA–392–B ...... Cylindrical Roller Bearings/France ...... Barden Corp. Emerson Power Transmission. MPB. Rollway Bearings. Torrington. A–427–801 ...... 731–TA–392–C ...... Spherical Plain Bearings/France ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. McGill Manufacturing Co. Rexnord Inc. Rollway Bearings. Torrington. A–427–804 ...... 731–TA–553 ...... Hot-Rolled Lead and Bismuth Carbon Steel Bethlehem Steel. Products/France. Inland Steel Industries. USS/Kobe Steel. A–427–808 ...... 731–TA–615 ...... Corrosion-Resistant Carbon Steel Flat Prod- Armco Steel. ucts/France. Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. LTV Steel. Lukens Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. A–427–811 ...... 731–TA–637 ...... Stainless Steel Wire Rod/France ...... AL Tech Specialty Steel. Armco Steel. Carpenter Technology. Republic Engineered Steels. Talley Metals Technology. United Steelworkers of America. A–427–814 ...... 731–TA–797 ...... Stainless Steel Sheet and Strip/France ...... Allegheny Ludlum. Armco Steel. Bethlehem Steel. Butler Armco Independent Union. Carpenter Technology Corp. North American Stainless. United Steelworkers of America. Zanesville Armco Independent Organization.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

A–427–816 ...... 731–TA–816 ...... Cut-to-Length Carbon Steel Plate/France ...... Bethlehem Steel. Geneva Steel. IPSCO Steel. National Steel. US Steel. United Steelworkers of America. A–427–818 ...... 731–TA–909 ...... Low Enriched Uranium/France ...... United States Enrichment Corp. USEC Inc. A–427–820 ...... 731–TA–913 ...... Stainless Steel Bar/France ...... Carpenter Technology. Crucible Specialty Metals. Electralloy. Empire Specialty Steel. Republic Technologies International. Slater Steels. United Steelworkers of America. A–428–082 ...... AA1921–200 ...... Sugar/Germany ...... Florida Sugar Marketing and Terminal Asso- ciation. A–428–602 ...... 731–TA–317 ...... Brass Sheet and Strip/Germany ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass. Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. Olin. Revere Copper Products. United Steelworkers of America. A–428–801 ...... 731–TA–391–A ...... Ball Bearings/Germany ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. McGill Manufacturing Co. MPB. Rexnord Inc. Rollway Bearings. Torrington. A–428–801 ...... 731–TA–391–B ...... Cylindrical Roller Bearings/Germany ...... Barden Corp. Emerson Power Transmission. MPB. Rollway Bearings. Torrington. A–428–801 ...... 731–TA–391–C ...... Spherical Plain Bearings/Germany ...... Barden Corp. Emerson Power Transmission. Rollway Bearings. Torrington. A–428–802 ...... 731–TA–419 ...... Industrial Belts/Germany ...... The Gates Rubber Company. The Goodyear Tire and Rubber Company. A–428–803 ...... 731–TA–444 ...... Industrial Nitrocellulose/Germany ...... Hercules. A–428–807 ...... 731–TA–465 ...... Sodium Thiosulfate/Germany ...... Calabrian. A–428–814 ...... 731–TA–604 ...... Cold-Rolled Carbon Steel Flat Products/Ger- Armco Steel. many. Bethlehem Steel. California Steel Industries. Gulf States Steel. Inland Steel Industries. LTV Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. A–428–815 ...... 731–TA–616 ...... Corrosion-Resistant Carbon Steel Flat Prod- Armco Steel. ucts/Germany. Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Inland Steel Industries. LTV Steel. Lukens Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. A–428–816 ...... 731–TA–578 ...... Cut-to-Length Carbon Steel Plate/Germany .... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. A–428–820 ...... 731–TA–709 ...... Seamless Pipe/Germany ...... Koppel Steel. Quanex. Timken. United States Steel. A–428–821 ...... 731–TA–736 ...... Large Newspaper Printing Presses/Germany .. Rockwell Graphics Systems. A–428–825 ...... 731–TA–798 ...... Stainless Steel Sheet and Strip/Germany ...... Allegheny Ludlum. Armco Steel. Bethlehem Steel. Butler Armco Independent Union. Carpenter Technology Corp. J&L Specialty Steel. North American Stainless. United Steelworkers of America. Zanesville Armco Independent Organization. A–428–830 ...... 731–TA–914 ...... Stainless Steel Bar/Germany ...... Carpenter Technology. Crucible Specialty Metals. Electralloy. Empire Specialty Steel. Republic Technologies International. Slater Steels. United Steelworkers of America. A–437–601 ...... 731–TA–341 ...... Tapered Roller Bearings/Hungary ...... L&S Bearing. Timken. Torrington. A–437–804 ...... 731–TA–426 ...... Sulfanilic Acid/Hungary ...... Nation Ford Chemical. A–447–801 ...... 731–TA–340C ...... Solid Urea/Estonia ...... Agrico Chemical. American Cyanamid. CF Industries. First Mississippi. Mississippi Chemical. Terra International. WR Grace. A–449–804 ...... 731–TA–878 ...... Steel Concrete Reinforcing Bar/Latvia ...... AB Steel Mill Inc. AmeriSteel. Auburn Steel. Birmingham Steel. Border Steel. Cascade Steel Rolling Mills Inc. CMC Steel Group. Co-Steel Inc. Marion Steel. North Star Steel Co. Nucor Steel. Rebar Trade Action Coalition. Riverview Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Sheffield Steel. TAMCO. TXI-Chaparral Steel Co. A–451–801 ...... 731–TA–340D ...... Solid Urea/Lithuania ...... Agrico Chemical. American Cyanamid. CF Industries. First Mississippi. Mississippi Chemical. Terra International. WR Grace. A–455–802 ...... 731–TA–583 ...... Cut-to-Length Carbon Steel Plate/Poland ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. A–455–803 ...... 731–TA–880 ...... Steel Concrete Reinforcing Bar/Poland ...... AB Steel Mill Inc. AmeriSteel. Auburn Steel. Birmingham Steel. Border Steel. Cascade Steel Rolling Mills Inc. CMC Steel Group. Co-Steel Inc. Marion Steel. North Star Steel Co. Nucor Steel. Rebar Trade Action Coalition. Riverview Steel. Sheffield Steel. TAMCO. TXI-Chaparral Steel Co. A–469–007 ...... 731–TA–126 ...... Potassium Permanganate/Spain ...... Carus Chemical. A–469–803 ...... 731–TA–585 ...... Cut-to-Length Carbon Steel Plate/Spain ...... Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. A–469–805 ...... 731–TA–682 ...... Stainless Steel Bar/Spain ...... AL Tech Specialty Steel. Carpenter Technology. Crucible Specialty Metals. Electralloy. Republic Engineered Steels. Slater Steels. Talley Metals Technology. United Steelworkers of America. A–469–807 ...... 731–TA–773 ...... Stainless Steel Wire Rod/Spain ...... AL Tech Specialty Steel. Carpenter Technology. Republic Engineered Steels. Talley Metals Technology. United Steelworkers of America. A–469–810 ...... 731–TA–890 ...... Stainless Steel Angle/Spain ...... Slater Steels. United Steelworkers of America. A–469–814 ...... 731–TA–1083 ...... Chlorinated Isocyanurates/Spain ...... BioLab Inc. Clearon Corp. Occidental Chemical Corp.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

A–471–806 ...... 731–TA–427 ...... Sulfanilic Acid/Portugal ...... Nation Ford Chemical. A–475–059 ...... AA1921–167 ...... Pressure-Sensitive Plastic Tape/Italy ...... Minnesota Mining & Manufacturing. A–475–601 ...... 731–TA–314 ...... Brass Sheet and Strip/Italy ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass. Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. Olin. Revere Copper Products. United Steelworkers of America. A–475–703 ...... 731–TA–385 ...... Granular Polytetrafluoroethylene/Italy ...... E I du Pont de Nemours. ICI Americas. A–475–801 ...... 731–TA–393–A ...... Ball Bearings/Italy ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. McGill Manufacturing Co. MPB. Rexnord Inc. Rollway Bearings. Torrington. A–475–801 ...... 731–TA–393–B ...... Cylindrical Roller Bearings/Italy ...... Barden Corp. Emerson Power Transmission. MPB. Rollway Bearings. Torrington. A–475–802 ...... 731–TA–413 ...... Industrial Belts/Italy ...... The Gates Rubber Company. The Goodyear Tire and Rubber Company. A–475–811 ...... 731–TA–659 ...... Grain-Oriented Silicon Electrical Steel/Italy ..... Allegheny Ludlum. Armco Steel. Butler Armco Independent Union. United Steelworkers of America. Zanesville Armco Independent Union. A–475–814 ...... 731–TA–710 ...... Seamless Pipe/Italy ...... Koppel Steel. Quanex. Timken. United States Steel. A–475–816 ...... 731–TA–713 ...... Oil Country Tubular Goods/Italy ...... Bellville Tube. IPSCO. Koppel Steel. Lone Star Steel. Maverick Tube. Newport Steel. North Star Steel. US Steel. USS/Kobe. A–475–818 ...... 731–TA–734 ...... Pasta/Italy ...... A Zerega’s Sons. American Italian Pasta. Borden. D Merlino & Sons. Dakota Growers Pasta. Foulds. Gilster-Mary Lee. Gooch Foods. Hershey Foods. LaRinascente Macaroni Co. Pasta USA. Philadelphia Macaroni. ST Specialty Foods. A–475–820 ...... 731–TA–770 ...... Stainless Steel Wire Rod/Italy ...... AL Tech Specialty Steel. Carpenter Technology. Republic Engineered Steels. Talley Metals Technology. United Steelworkers of America. A–475–822 ...... 731–TA–790 ...... Stainless Steel Plate in Coils/Italy ...... Allegheny Ludlum. Armco Steel. J&L Specialty Steel. Lukens Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

North American Stainless. United Steelworkers of America. A–475–824 ...... 731–TA–799 ...... Stainless Steel Sheet and Strip/Italy ...... Allegheny Ludlum. Armco Steel. Bethlehem Steel. Butler Armco Independent Union. Carpenter Technology Corp. J&L Specialty Steel. North American Stainless. United Steelworkers of America. Zanesville Armco Independent Organization. A–475–826 ...... 731–TA–819 ...... Cut-to-Length Carbon Steel Plate/Italy ...... Bethlehem Steel. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. IPSCO Steel. National Steel. US Steel. United Steelworkers of America. A–475–828 ...... 731–TA–865 ...... Stainless Steel Butt-Weld Pipe Fittings/Italy .... Flo-Mac Inc. Gerlin. Markovitz Enterprises. Shaw Alloy Piping Products. Taylor Forge Stainless. A–475–829 ...... 731–TA–915 ...... Stainless Steel Bar/Italy ...... Carpenter Technology. Crucible Specialty Metals. Electralloy. Empire Specialty Steel. Republic Technologies International. Slater Steels. United Steelworkers of America. A–479–801 ...... 731–TA–445 ...... Industrial Nitrocellulose/Yugoslavia ...... Hercules. A–484–801 ...... 731–TA–406 ...... Electrolytic Manganese Dioxide/Greece ...... Chemetals. Kerr-McGee. Rayovac. A–485–601 ...... 731–TA–339 ...... Solid Urea/Romania ...... Agrico Chemical. American Cyanamid. CF Industries. First Mississippi. Mississippi Chemical. Terra International. WR Grace. A–485–602 ...... 731–TA–345 ...... Tapered Roller Bearings/Romania ...... L&S Bearing. Timken. Torrington. A–485–801 ...... 731–TA–395 ...... Ball Bearings/Romania ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. MPB. Rollway Bearings. Torrington. A–485–803 ...... 731–TA–584 ...... Cut-to-Length Carbon Steel Plate/Romania .... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. A–485–805 ...... 731–TA–849 ...... Small-Diameter Carbon Steel Seamless Pipe/ Koppel Steel. Romania. North Star Steel. Sharon Tube. Timken. US Steel. United Steelworkers of America. USS/Kobe.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Vision Metals’ Gulf States Tube. A–485–806 ...... 731–TA–904 ...... Hot-Rolled Steel Products/Romania ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–489–501 ...... 731–TA–273 ...... Welded Carbon Steel Pipe and Tube/Turkey .. Allied Tube & Conduit. American Tube. Bernard Epps. Bock Industries. Bull Moose Tube. Central Steel Tube. Century Tube. Copperweld Tubing. Cyclops. Hughes Steel & Tube. Kaiser Steel. Laclede Steel. Maruichi American. Maverick Tube. Merchant Metals. Phoenix Steel. Pittsburgh Tube. Quanex. Sharon Tube. Southwestern Pipe. UNR-Leavitt. Welded Tube. Western Tube & Conduit. Wheatland Tube. A–489–602 ...... 731–TA–364 ...... Aspirin/Turkey ...... Dow Chemical. Monsanto. Norwich-Eaton. A–489–805 ...... 731–TA–735 ...... Pasta/Turkey ...... A Zerega’s Sons. American Italian Pasta. Borden. D Merlino & Sons. Dakota Growers Pasta. Foulds. Gilster-Mary Lee. Gooch Foods. Hershey Foods. LaRinascente Macaroni Co. Pasta USA. Philadelphia Macaroni. ST Specialty Foods. A–489–807 ...... 731–TA–745 ...... Steel Concrete Reinforcing Bar/Turkey ...... AmeriSteel. Auburn Steel. Birmingham Steel. Commercial Metals. Marion Steel. New Jersey Steel. A–507–502 ...... 731–TA–287 ...... Raw In-Shell Pistachios/Iran ...... Blackwell Land. California Pistachio Orchard. Keenan Farms. Kern Pistachio Hulling & Drying. Los Ranchos de Poco Pedro. Pistachio Producers of California. TM Duche Nut. A–508–604 ...... 731–TA–366 ...... Industrial Phosphoric Acid/Israel ...... Albright & Wilson. FMC. Hydrite Chemical. Monsanto.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Stauffer Chemical. A–533–502 ...... 731–TA–271 ...... Welded Carbon Steel Pipe and Tube/India ..... Allied Tube & Conduit. American Tube. Bernard Epps. Bock Industries. Bull Moose Tube. Central Steel Tube. Century Tube. Copperweld Tubing. Cyclops. Hughes Steel & Tube. Kaiser Steel. Laclede Steel. Maruichi American. Maverick Tube. Merchant Metals. Phoenix Steel. Pittsburgh Tube. Quanex. Sharon Tube. Southwestern Pipe. UNR-Leavitt. Welded Tube. Western Tube & Conduit. Wheatland Tube. A–533–806 ...... 731–TA–561 ...... Sulfanilic Acid/India ...... R–M Industries. A–533–808 ...... 731–TA–638 ...... Stainless Steel Wire Rod/India ...... AL Tech Specialty Steel. Armco Steel. Carpenter Technology. Republic Engineered Steels. Talley Metals Technology. United Steelworkers of America. A–533–809 ...... 731–TA–639 ...... Forged Stainless Steel Flanges/India ...... Gerlin. Ideal Forging. Maass Flange. Markovitz Enterprises. A–533–810 ...... 731–TA–679 ...... Stainless Steel Bar/India ...... AL Tech Specialty Steel. Carpenter Technology. Crucible Specialty Metals. Electralloy. Republic Engineered Steels. Slater Steels. Talley Metals Technology. United Steelworkers of America. A–533–813 ...... 731–TA–778 ...... Preserved Mushrooms/India ...... LK Bowman. Modern Mushroom Farms. Monterey Mushrooms. Mount Laurel Canning. Mushroom Canning. Southwood Farms. Sunny Dell Foods. United Canning. A–533–817 ...... 731–TA–817 ...... Cut-to-Length Carbon Steel Plate/India ...... Bethlehem Steel. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. IPSCO Steel. National Steel. Tuscaloosa Steel. US Steel. United Steelworkers of America. A–533–820 ...... 731–TA–900 ...... Hot-Rolled Steel Products/India ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–533–823 ...... 731–TA–929 ...... Silicomanganese/India ...... Eramet Marietta. Paper, Allied-Industrial, Chemical and Energy Workers International Union, Local 5–0639. A–533–824 ...... 731–TA–933 ...... Polyethylene Terephthalate Film, Sheet and DuPont Teijin Films. Strip (PET Film)/India. Mitsubishi Polyester Film LLC. SKC America Inc. Toray Plastics (America). A–533–828 ...... 731–TA–1025 ...... Prestressed Concrete Steel Wire Strand/India American Spring Wire Corp. Insteel Wire Products Co. Sivaco Georgia LLC. Strand Tech Martin Inc. Sumiden Wire Products Corp. A–533–838 ...... 731–TA–1061 ...... Carbazole Violet Pigment 23/India ...... Allegheny Color Corp. Barker Fine Color Inc. Clariant Corp. Nation Ford Chemical Co. Sun Chemical Co. A–533–843 ...... 731–TA–1096 ...... Certain Lined Paper School Supplies/India ..... Fay Paper Products Inc. MeadWestvaco Consumer & Office Products. Norcom Inc. Pacon Corp. Roaring Spring Blank Book Co. Top Flight Inc. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL– CIO–CLC (USW). A–538–802 ...... 731–TA–514 ...... Cotton Shop Towels/Bangladesh ...... Milliken. A–549–502 ...... 731–TA–252 ...... Welded Carbon Steel Pipe and Tube/Thailand Allied Tube & Conduit. American Tube. Bernard Epps. Bock Industries. Bull Moose Tube. Central Steel Tube. Century Tube. Copperweld Tubing. Cyclops. Hughes Steel & Tube. Kaiser Steel. Laclede Steel. Maruichi American. Maverick Tube. Merchant Metals. Phoenix Steel. Pittsburgh Tube. Quanex. Sharon Tube. Southwestern Pipe. UNR-Leavitt. Welded Tube. Western Tube & Conduit. Wheatland Tube. A–549–601 ...... 731–TA–348 ...... Malleable Cast Iron Pipe Fittings/Thailand ...... Grinnell. Stanley G Flagg. Stockham Valves & Fittings. U-Brand. Ward Manufacturing. A–549–807 ...... 731–TA–521 ...... Carbon Steel Butt-Weld Pipe Fittings/Thailand Hackney. Ladish. Mills Iron Works. Steel Forgings. Tube Forgings of America. A–549–812 ...... 731–TA–705 ...... Furfuryl Alcohol/Thailand ...... QO Chemicals. A–549–813 ...... 731–TA–706 ...... Canned Pineapple/Thailand ...... International Longshoreman’s and Warehouseman’s Union. Maui Pineapple. A–549–817 ...... 731–TA–907 ...... Hot-Rolled Steel Products/Thailand ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–549–820 ...... 731–TA–1028 ...... Prestressed Concrete Steel Wire Strand/Thai- American Spring Wire Corp. land. Insteel Wire Products Co. Sivaco Georgia LLC. Strand Tech Martin Inc. Sumiden Wire Products Corp. A–549–821 ...... 731–TA–1045 ...... Polyethylene Retail Carrier Bags/Thailand ...... Aargus Plastics Inc. Advance Polybags Inc. Advance Polybags (Nevada) Inc. Advance Polybags (Northeast) Inc. Alpha Industries Inc. Alpine Plastics Inc. Ampac Packaging LLC. API Enterprises Inc. Command Packaging. Continental Poly Bags Inc. Durabag Co Inc. Europackaging LLC. Genpak LLC (formerly Continental Superbag LLC). Genpak LLC (formerly Strout Plastics). Hilex Poly Co LLC. Inteplast Group Ltd. PCL Packaging Inc. Poly-Pak Industries Inc. Roplast Industries Inc. Superbag Corp. Unistar Plastics LLC. Vanguard Plastics Inc. VS Plastics LLC. A–552–801 ...... 731–TA–1012 ...... Certain Frozen Fish Fillets/Vietnam ...... America’s Catch Inc. Aquafarms Catfish Inc. Carolina Classics Catfish Inc. Catfish Farmers of America. Consolidated Catfish Companies Inc. Delta Pride Catfish Inc. Fish Processors Inc. Guidry’s Catfish Inc. Haring’s Pride Catfish. Harvest Select Catfish (Alabama Catfish Inc). Heartland Catfish Co (TT&W Farm Products Inc). Prairie Lands Seafood (Illinois Fish Farmers Cooperative). Pride of the Pond. Pride of the South Catfish Inc. Prime Line Inc. Seabrook Seafood Inc. Seacat (Arkansas Catfish Growers). Simmons Farm Raised Catfish Inc. Southern Pride Catfish LLC. Verret Fisheries Inc. A–557–805 ...... 731–TA–527 ...... Extruded Rubber Thread/Malaysia ...... Globe Manufacturing. North American Rubber Thread. Flo-Mac Inc. A–557–809 ...... 731–TA–866 ...... Stainless Steel Butt-Weld Pipe Fittings/Malay- Gerlin. sia. Markovitz Enterprises. Shaw Alloy Piping Products. Taylor Forge Stainless. A–557–813 ...... 731–TA–1044 ...... Polyethylene Retail Carrier Bags/Malaysia ...... Aargus Plastics Inc. Advance Polybags Inc. Advance Polybags (Nevada) Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Advance Polybags (Northeast) Inc. Alpha Industries Inc. Alpine Plastics Inc. Ampac Packaging LLC. API Enterprises Inc. Command Packaging. Continental Poly Bags Inc. Durabag Co Inc. Europackaging LLC. Genpak LLC (formerly Continental Superbag LLC). Genpak LLC (formerly Strout Plastics). Hilex Poly Co LLC. Inteplast Group Ltd. PCL Packaging Inc. Poly-Pak Industries Inc. Roplast Industries Inc. Superbag Corp. Unistar Plastics LLC. Vanguard Plastics Inc. VS Plastics LLC. A–559–502 ...... 731–TA–296 ...... Small Diameter Standard and Rectangular Allied Tube & Conduit. Pipe and Tube/Singapore. American Tube. Bull Moose Tube. Cyclops. Hannibal Industries. Laclede Steel. Pittsburgh Tube. Sharon Tube. Western Tube & Conduit. Wheatland Tube. A–559–601 ...... 731–TA–370 ...... Color Picture Tubes/Singapore ...... Industrial Union Department, AFL–CIO. International Association of Machinists & Aerospace Workers. International Brotherhood of Electrical Work- ers. International Union of Electronic, Electrical, Technical, Salaried and Machine Workers. Philips Electronic Components Group. United Steelworkers of America. Zenith Electronics. A–559–801 ...... 731–TA–396 ...... Ball Bearings/Singapore ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. McGill Manufacturing Co. MPB. Rexnord Inc. Rollway Bearings. Torrington. A–559–802 ...... 731–TA–415 ...... Industrial Belts/Singapore ...... The Gates Rubber Company. The Goodyear Tire and Rubber Company. A–560–801 ...... 731–TA–742 ...... Melamine Institutional Dinnerware/Indonesia .. Carlisle Food Service Products. Lexington United. Plastics Manufacturing. A–560–802 ...... 731–TA–779 ...... Preserved Mushrooms/Indonesia ...... LK Bowman. Modern Mushroom Farms. Monterey Mushrooms. Mount Laurel Canning. Mushroom Canning. Southwood Farms. Sunny Dell Foods. United Canning. A–560–803 ...... 731–TA–787 ...... Extruded Rubber Thread/Indonesia ...... North American Rubber Thread. A–560–805 ...... 731–TA–818 ...... Cut-to-Length Carbon Steel Plate/Indonesia ... Bethlehem Steel. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. IPSCO Steel. National Steel. Tuscaloosa Steel. US Steel. United Steelworkers of America.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

A–560–811 ...... 731–TA–875 ...... Steel Concrete Reinforcing Bar/Indonesia ...... AB Steel Mill Inc. AmeriSteel. Birmingham Steel. Border Steel. Cascade Steel Rolling Mills Inc. CMC Steel Group. Co-Steel Inc. Marion Steel. North Star Steel Co. Nucor Steel. Rebar Trade Action Coalition. Riverview Steel. Sheffield Steel. TAMCO. TXI-Chaparral Steel Co. A–560–812 ...... 731–TA–901 ...... Hot-Rolled Steel Products/Indonesia ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–560–815 ...... 731–TA–957 ...... Carbon and Certain Alloy Steel Wire Rod/In- AmeriSteel. donesia. Birmingham Steel. Cascade Steel Rolling Mills. Connecticut Steel Corp. Co-Steel Raritan. GS Industries. Keystone Consolidated Industries. North Star Steel Texas. Nucor Steel-Nebraska (a division of Nucor Corp). Republic Technologies International. Rocky Mountain Steel Mills. A–560–818 ...... 731–TA–1097 ...... Certain Lined Paper School Supplies/Indo- Fay Paper Products Inc. nesia. MeadWestvaco Consumer & Office Products. Norcom Inc. Pacon Corp. Roaring Spring Blank Book Co. Top Flight Inc. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL– CIO–CLC (USW). A–565–801 ...... 731–TA–867 ...... Stainless Steel Butt-Weld Pipe Fittings/Phil- Flo-Mac Inc. ippines. Gerlin. Markovitz Enterprises. Shaw Alloy Piping Products. Taylor Forge Stainless. A–570–001 ...... 731–TA–125 ...... Potassium Permanganate/China ...... Carus Chemical. A–570–002 ...... 731–TA–130 ...... Chloropicrin/China ...... LCP Chemicals & Plastics. Niklor Chemical. A–570–003 ...... 731–TA–103 ...... Cotton Shop Towels/China ...... Milliken. Texel Industries. Wikit. A–570–007 ...... 731–TA–149 ...... Barium Chloride/China ...... Chemical Products. A–570–101 ...... 731–TA–101 ...... Greige Polyester Cotton Printcloth/China ...... Alice Manufacturing. Clinton Mills. Dan River. Greenwood Mills. Hamrick Mills. M Lowenstein. Mayfair Mills. Mount Vernon Mills. A–570–501 ...... 731–TA–244 ...... Natural Bristle Paint Brushes/China ...... Baltimore Brush.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Bestt Liebco. Elder & Jenks. EZ Paintr. H&G Industries. Joseph Lieberman & Sons. Purdy. Rubberset. Thomas Paint Applicators. Wooster Brush. A–570–502 ...... 731–TA–265 ...... Iron Construction Castings/China ...... Alhambra Foundry. Allegheny Foundry. Bingham & Taylor. Campbell Foundry. Charlotte Pipe & Foundry. Deeter Foundry. East Jordan Foundry. Le Baron Foundry. Municipal Castings. Neenah Foundry. Opelika Foundry. Pinkerton Foundry. Tyler Pipe. US Foundry & Manufacturing. Vulcan Foundry. A–570–504 ...... 731–TA–282 ...... Petroleum Wax Candles/China ...... The AI Root Company. Candle Artisans Inc. Candle-Lite. Cathedral Candle. Colonial Candle of Cape Cod. General Wax & Candle. Lenox Candles. Lumi-Lite Candle. Meuch-Kreuzer Candle. National Candle Association. Will & Baumer. WNS. A–570–506 ...... 731–TA–298 ...... Porcelain-on-Steel Cooking Ware/China ...... General Housewares. A–570–601 ...... 731–TA–344 ...... Tapered Roller Bearings/China ...... L&S Bearing. Timken. Torrington. A–570–802 ...... 731–TA–441 ...... Industrial Nitrocellulose/China ...... Hercules. A–570–803 ...... 731–TA–457–A ...... Axes and Adzes/China ...... Council Tool Co Inc. Warwood Tool. Woodings-Verona. A–570–803 ...... 731–TA–457–B ...... Bars and Wedges/China ...... Council Tool Co Inc. Warwood Tool. Woodings-Verona. A–570–803 ...... 731–TA–457–C ...... Hammers and Sledges/China ...... Council Tool Co Inc. Warwood Tool. Woodings-Verona. A–570–803 ...... 731–TA–457–D ...... Picks and Mattocks/China ...... Council Tool Co Inc. Warwood Tool. Woodings-Verona. A–570–804 ...... 731–TA–464 ...... Sparklers/China ...... BJ Alan. Diamond Sparkler. Elkton Sparkler. A–570–805 ...... 731–TA–466 ...... Sodium Thiosulfate/China ...... Calabrian. A–570–806 ...... 731–TA–472 ...... Silicon Metal/China ...... American Alloys. Elkem Metals. Globe Metallurgical. International Union of Electronics, Electrical, Machine and Furniture Workers (Local 693). Oil, Chemical and Atomic Workers (Local 389). Silicon Metaltech. SiMETCO. SKW Alloys. Textile Processors, Service Trades, Health Care Professional and Technical Employees (Local 60). United Steelworkers of America (Locals 5171, 8538 and 12646).

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Commerce case Commission Product/country Petitioners/supporters No. case No.

A–570–808 ...... 731–TA–474 ...... Chrome-Plated Lug Nuts/China ...... Consolidated International Automotive. Key Manufacturing. McGard. A–570–811 ...... 731–TA–497 ...... Tungsten Ore Concentrates/China ...... Curtis Tungsten. US Tungsten. A–570–814 ...... 731–TA–520 ...... Carbon Steel Butt-Weld Pipe Fittings/China .... Hackney. Ladish. Mills Iron Works. Steel Forgings. Tube Forgings of America. A–570–815 ...... 731–TA–538 ...... Sulfanilic Acid/China ...... R–M Industries. A–570–819 ...... 731–TA–567 ...... Ferrosilicon/China ...... AIMCOR. Alabama Silicon. American Alloys. Globe Metallurgical. Oil, Chemical and Atomic Workers (Local 389). Silicon Metaltech. United Autoworkers of America (Local 523). United Steelworkers of America (Locals 2528, 3081, 5171 and 12646). A–570–822 ...... 731–TA–624 ...... Helical Spring Lock Washers/China ...... Illinois Tool Works. A–570–825 ...... 731–TA–653 ...... Sebacic Acid/China ...... Union Camp. A–570–826 ...... 731–TA–663 ...... Paper Clips/China ...... ACCO USA. Labelon/Noesting. TRICO Manufacturing. A–570–827 ...... 731–TA–669 ...... Cased Pencils/China ...... Blackfeet Indian Writing Instrument. Dixon-Ticonderoga. Empire Berol. Faber-Castell. General Pencil. JR Moon Pencil. Musgrave Pen & Pencil. Panda. Writing Instrument Manufacturers Association, Pencil Section. A–570–828 ...... 731–TA–672 ...... Silicomanganese/China ...... Elkem Metals. Oil, Chemical and Atomic Workers (Local 3– 639). A–570–830 ...... 731–TA–677 ...... Coumarin/China ...... Rhone-Poulenc. A–570–831 ...... 731–TA–683 ...... Fresh Garlic/China ...... A&D Christopher Ranch. Belridge Packing. Colusa Produce. Denice & Filice Packing. El Camino Packing. The Garlic Company. Vessey and Company. A–570–832 ...... 731–TA–696 ...... Pure Magnesium/China ...... Dow Chemical. International Union of Operating Engineers (Local 564). Magnesium Corporation of America. United Steelworkers of America (Local 8319). A–570–835 ...... 731–TA–703 ...... Furfuryl Alcohol/China ...... QO Chemicals. A–570–836 ...... 731–TA–718 ...... Glycine/China ...... Chattem. Hampshire Chemical. A–570–840 ...... 731–TA–724 ...... Manganese Metal/China ...... Elkem Metals. Kerr-McGee. A–570–842 ...... 731–TA–726 ...... Polyvinyl Alcohol/China ...... Air Products and Chemicals. A–570–844 ...... 731–TA–741 ...... Melamine Institutional Dinnerware/China ...... Carlisle Food Service Products. Lexington United. Plastics Manufacturing. A–570–846 ...... 731–TA–744 ...... Brake Rotors/China ...... Brake Parts. Coalition for the Preservation of American Brake Drum and Rotor Aftermarket Manu- facturers. Iroquois Tool Systems. Kelsey Hayes. Kinetic Parts Manufacturing. Overseas Auto Parts. Wagner Brake. A–570–847 ...... 731–TA–749 ...... Persulfates/China ...... FMC. A–570–848 ...... 731–TA–752 ...... Crawfish Tail Meat/China ...... A&S Crawfish.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Acadiana Fisherman’s Co-Op. Arnaudville Seafood. Atchafalaya Crawfish Processors. Basin Crawfish Processors. Bayou Land Seafood. Becnel’s Meat & Seafood. Bellard’s Poultry & Crawfish. Bonanza Crawfish Farm. Cajun Seafood Distributors. Carl’s Seafood. Catahoula Crawfish. Choplin SFD. CJ’s Seafood & Purged Crawfish. Clearwater Crawfish. Crawfish Processors Alliance. Harvey’s Seafood. Lawtell Crawfish Processors. Louisiana Premium Seafoods. Louisiana Seafood. LT West. Phillips Seafood. Prairie Cajun Wholesale Seafood Dist. Riceland Crawfish. Schexnider Crawfish. Seafood International Distributors. Sylvester’s Processors. Teche Valley Seafood. A–570–849 ...... 731–TA–753 ...... Cut-to-Length Carbon Steel Plate/China ...... Acme Metals Inc. Bethlehem Steel. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Lukens Inc. National Steel. US Steel. United Steelworkers of America. A–570–850 ...... 731–TA–757 ...... Collated Roofing Nails/China ...... Illinois Tool Works. International Staple and Machines. Stanley-Bostitch. A–570–851 ...... 731–TA–777 ...... Preserved Mushrooms/China ...... LK Bowman. Modern Mushroom Farms. Monterey Mushrooms. Mount Laurel Canning. Mushroom Canning. Southwood Farms. Sunny Dell Foods. United Canning. A–570–852 ...... 731–TA–814 ...... Creatine Monohydrate/China ...... Pfanstiehl Laboratories. A–570–853 ...... 731–TA–828 ...... Aspirin/China ...... Rhodia. A–570–855 ...... 731–TA–841 ...... Non-Frozen Apple Juice Concentrate/China ... Coloma Frozen Foods. Green Valley Apples of California. Knouse Foods Coop. Mason County Fruit Packers Coop. Tree Top. A–570–856 ...... 731–TA–851 ...... Synthetic Indigo/China ...... Buffalo Color. United Steelworkers of America. A–570–860 ...... 731–TA–874 ...... Steel Concrete Reinforcing Bar/China ...... AB Steel Mill Inc. AmeriSteel. Auburn Steel. Birmingham Steel. Border Steel. Cascade Steel Rolling Mills Inc. CMC Steel Group. Co-Steel Inc. Marion Steel. North Star Steel Co. Nucor Steel. Rebar Trade Action Coalition. Riverview Steel. Sheffield Steel. TAMCO. TXI-Chaparral Steel Co.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

A–570–862 ...... 731–TA–891 ...... Foundry Coke/China ...... ABC Coke. Citizens Gas and Coke Utility. Erie Coke. Sloss Industries Corp. Tonawanda Coke. United Steelworkers of America. A–570–863 ...... 731–TA–893 ...... Honey/China ...... AH Meyer & Sons. Adee Honey Farms. Althoff Apiaries. American Beekeeping Federation. American Honey Producers Association. Anderson Apiaries. Arroyo Apiaries. Artesian Honey Producers. B Weaver Apiaries. Bailey Enterprises. Barkman Honey. Basler Honey Apiary. Beals Honey. Bears Paw Apiaries. Beaverhead Honey. Bee Biz. Bee Haven Honey. Belliston Brothers Apiaries. Big Sky Honey. Bill Rhodes Honey. Richard E Blake. Curt Bronnenbery. Brown’s Honey Farms. Brumley’s Bees. Buhmann Apiaries. Carys Honey Farms. Chaparrel Honey. Charles Apiaries. Mitchell Charles. Collins Honey. Conor Apiaries. Coy’s Honey Farm. Dave Nelson Apiaries. Delta Bee. Eisele’s Pollination & Honey. Ellingsoa’s. Elliott Curtis & Sons. Charles L Emmons, Sr. Gause Honey. Gene Brandi Apiaries. Griffith Honey. Haff Apiaries. Hamilton Bee Farms. Hamilton Honey. Happie Bee. Harvest Honey. Harvey’s Honey. Hiatt Honey. Hoffman Honey. Hollman Apiaries. Honey House. Honeybee Apiaries. Gary M Honl. Rand William Honl and Sydney Jo Honl. James R & Joann Smith Trust. Jaynes Bee Products. Johnston Honey Farms. Larry Johnston. Ke-An Honey. Kent Honeybees. Lake-Indianhead Honey Farms. Lamb’s Honey Farm. Las Flores Apiaries. Mackrill Honey Farms & Sales. Raymond Marquette. Mason & Sons Honey.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

McCoy’s Sunny South Apiaries. Merrimack Valley Apiaries & Evergreen Honey. Met 2 Honey Farm. Missouri River Honey. Mitchell Brothers Honey. Monda Honey Farm. Montana Dakota Honey. Northern Bloom Honey. Noye’s Apiaries. Oakes Honey. Oakley Honey Farms. Old Mill Apiaries. Opp Honey. Oro Dulce. Peterson’s ‘‘Naturally Sweet’’ Honey. Potoczak Bee Farms. Price Apiaries. Pure Sweet Honey Farms. Robertson Pollination Service. Robson Honey. William Robson. Rosedale Apiaries. Ryan Apiaries. Schmidt Honey Farms. Simpson Apiaries. Sioux Honey Association. Smoot Honey. Solby Honey. Stahlman Apiaries. Steve E Parks Apiaries. Stroope Bee & Honey. T&D Honey Bee. Talbott’s Honey. Terry Apiaries. Thompson Apiaries. Triple A Farm. Tropical Blossom Honey. Tubbs Apiaries. Venable Wholesale. Walter L Wilson Buzz 76 Apiaries. Wiebersiek Honey Farms. Wilmer Farms. Brent J Woodworth. Wooten’s Golden Queens. Yaddof Apiaries. A–570–864 ...... 731–TA–895 ...... Pure Magnesium (Granular)/China ...... Concerned Employees of Northwest Alloys. Magnesium Corporation of America. United Steelworkers of America. United Steelworkers of America (Local 8319). A–570–865 ...... 731–TA–899 ...... Hot-Rolled Steel Products/China ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–570–866 ...... 731–TA–921 ...... Folding Gift Boxes/China ...... Field Container. Harvard Folding Box. Sterling Packaging. Superior Packaging. A–570–867 ...... 731–TA–922 ...... Automotive Replacement Glass Windshields/ PPG Industries. China. Safelite Glass. Viracon/Curvlite Inc. Visteon Corporation.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

A–570–868 ...... 731–TA–932 ...... Folding Metal Tables and Chairs/China ...... Krueger International. McCourt Manufacturing. Meco. Virco Manufacturing. A–570–873 ...... 731–TA–986 ...... Ferrovanadium/China ...... Bear Metallurgical Co. Shieldalloy Metallurgical Corp. A–570–875 ...... 731–TA–990 ...... Non-Malleable Cast Iron Pipe Fittings/China ... Anvil International Inc. Buck Co Inc. Frazier & Frazier Industries. Ward Manufacturing Inc. A–570–877 ...... 731–TA–1010 ...... Lawn and Garden Steel Fence Posts/China ... Steel City Corp. A–570–878 ...... 731–TA–1013 ...... Saccharin/China ...... PMC Specialties Group Inc. A–570–879 ...... 731–TA–1014 ...... Polyvinyl Alcohol/China ...... Celanese Ltd. E I du Pont de Nemours & Co. A–570–880 ...... 731–TA–1020 ...... Barium Carbonate/China ...... Chemical Products Corp. A–570–881 ...... 731–TA–1021 ...... Malleable Iron Pipe Fittings/China ...... Anvil International Inc. Buck Co Inc. Ward Manufacturing Inc. A–570–882 ...... 731–TA–1022 ...... Refined Brown Aluminum Oxide/China ...... C–E Minerals. Treibacher Schleifmittel North America Inc. Washington Mills Co Inc. A–570–884 ...... 731–TA–1034 ...... Certain Color Television Receivers/China ...... Five Rivers Electronic Innovations LLC. Industrial Division of the Communications Workers of America (IUECWA). International Brotherhood of Electrical Work- ers (IBEW). A–570–886 ...... 731–TA–1043 ...... Polyethylene Retail Carrier Bags/China ...... Aargus Plastics Inc. Advance Polybags Inc. Advance Polybags (Nevada) Inc. Advance Polybags (Northeast) Inc. Alpha Industries Inc. Alpine Plastics Inc. Ampac Packaging LLC. API Enterprises Inc. Command Packaging. Continental Poly Bags Inc. Durabag Co Inc. Europackaging LLC. Genpak LLC (formerly Continental Superbag LLC). Genpak LLC (formerly Strout Plastics). Hilex Poly Co LLC. Inteplast Group Ltd. PCL Packaging Inc. Poly-Pak Industries Inc. Roplast Industries Inc. Superbag Corp. Unistar Plastics LLC. Vanguard Plastics Inc. VS Plastics LLC. A–570–887 ...... 731–TA–1046 ...... Tetrahydrofurfuryl Alcohol/China ...... Penn Specialty Chemicals Inc. A–570–888 ...... 731–TA–1047 ...... Ironing Tables and Certain Parts Thereof/ Home Products International Inc. China. A–570–890 ...... 731–TA–1058 ...... Wooden Bedroom Furniture/China ...... American Drew. American of Martinsville. Bassett Furniture Industries Inc. Bebe Furniture. Carolina Furniture Works Inc. Carpenters Industrial Union Local 2093. Century Furniture Industries. Country Craft Furniture Inc. Craftique. Crawford Furniture Mfg Corp. EJ Victor Inc. Forest Designs. Harden Furniture Inc. Hart Furniture. Higdon Furniture Co. IUE Industrial Division of CWA Local 82472. Johnston Tombigbee Furniture Mfg Co. Kincaid Furniture Co Inc. L & J G Stickley Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Lea Industries. Michels & Co. MJ Wood Products Inc. Mobel Inc. Modern Furniture Manufacturers Inc. Moosehead Mfg Co. Oakwood Interiors. O’Sullivan Industries Inc. Pennsylvania House Inc. Perdues Inc. Sandberg Furniture Mfg Co Inc. Stanley Furniture Co Inc. Statton Furniture Mfg Assoc. T Copeland & Sons. Teamsters, Chauffeurs, Warehousemen and Helpers Local 991. Tom Seely Furniture. UBC Southern Council of Industrial Workers Local Union 2305. United Steelworkers of America Local 193U. Vaughan Furniture Co Inc. Vaughan-Bassett Furniture Co Inc. Vermont Tubbs. Webb Furniture Enterprises Inc. A–570–891 ...... 731–TA–1059 ...... Hand Trucks and Certain Parts Thereof/China B&P Manufacturing. Gleason Industrial Products Inc. Harper Trucks Inc. Magline Inc. Precision Products Inc. Wesco Industrial Products Inc. A–570–892 ...... 731–TA–1060 ...... Carbazole Violet Pigment 23/China ...... Allegheny Color Corp. Barker Fine Color Inc. Clariant Corp. Nation Ford Chemical Co. Sun Chemical Co. A–570–894 ...... 731–TA–1070 ...... Certain Tissue Paper Products/China ...... American Crepe Corp. Cindus Corp. Eagle Tissue LLC. Flower City Tissue Mills Co and Subsidiary. Garlock Printing & Converting Corp. Green Mtn Specialties Inc. Hallmark Cards Inc. Pacon Corp. Paper, Allied-Industrial, Chemical and Energy Workers International Union AFL–CIO (‘‘PACE’’). Paper Service LTD. Putney Paper. Seaman Paper Co of MA Inc. A–570–895 ...... 731–TA–1069 ...... Certain Crepe Paper Products/China ...... American Crepe Corp. Cindus Corp. Paper, Allied-Industrial, Chemical and Energy Workers International Union AFL–CIO (‘‘PACE’’). Seaman Paper Co of MA Inc. A–570–896 ...... 731–TA–1071 ...... Alloy Magnesium/China ...... Garfield Alloys Inc. Glass, Molders, Pottery, Plastics & Allied Workers International Local 374. Halaco Engineering MagReTech Inc. United Steelworkers of America Local 8319. US Magnesium LLC. A–570–899 ...... 731–TA–1091 ...... Artists’ Canvas/China ...... Duro Art Industries. ICG/Holliston Mills Inc. Signature World Class Canvas LLC. Tara Materials Inc. A–570–898 ...... 731–TA–1082 ...... Chlorinated Isocyanurates/China ...... BioLab Inc. Clearon Corp. Occidental Chemical Corp. A–570–901 ...... 731–TA–1095 ...... Certain Lined Paper School Supplies/China .... Fay Paper Products Inc. MeadWestvaco Consumer & Office Products. Norcom Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Pacon Corp. Roaring Spring Blank Book Co. Top Flight Inc. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL– CIO–CLC (USW). A–570–904 ...... 731–TA–1103 ...... Certain Activated Carbon/China ...... Calgon Carbon Corp. Norit Americas Inc. A–570–905 ...... 731–TA–1104 ...... Certain Polyester Staple Fiber/China ...... DAK Americas LLC. Formed Fiber Techmologies LLC. Nan Ya Plastics Corp America. Palmetto Synthetics LLC. United Synthetics Inc (USI). Wellman Inc. A–570–908 ...... 731–TA–1110 ...... Soium Hexametaphosphate (SHMP)/China ..... ICL Performance Products LP. Innophos Inc. A–580–008 ...... 731–TA–134 ...... Color Television Receivers/Korea ...... Committee to Preserve American Color Tele- vision. Independent Radionic Workers of America. Industrial Union Department, AFL–CIO. International Brotherhood of Electrical Work- ers. International Union of Electrical, Radio and Machine Workers. A–580–507 ...... 731–TA–279 ...... Malleable Cast Iron Pipe Fittings/Korea ...... Grinnell. Stanley G Flagg. Stockham Valves & Fittings. U-Brand. Ward Manufacturing. A–580–601 ...... 731–TA–304 ...... Top-of-the-Stove Stainless Steel Cooking Farberware. Ware/Korea. egal Ware. Revere Copper & Brass. WearEver/Proctor Silex. A–580–603 ...... 731–TA–315 ...... Brass Sheet and Strip/Korea ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass. Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. Olin. Revere Copper Products. United Steelworkers of America. A–580–605 ...... 731–TA–369 ...... Color Picture Tubes/Korea ...... Industrial Union Department, AFL–CIO. International Association of Machinists & Aerospace Workers. International Brotherhood of Electrical Work- ers. International Union of Electronic, Electrical, Technical, Salaried and Machine Workers. Philips Electronic Components Group. United Steelworkers of America. Zenith Electronics. A–580–803 ...... 731–TA–427 ...... Small Business Telephone Systems/Korea ..... American Telephone & Telegraph. Comdial. Eagle Telephonic. A–580–805 ...... 731–TA–442 ...... Industrial Nitrocellulose/Korea ...... Hercules. A–580–807 ...... 731–TA–459 ...... Polyethylene Terephthalate Film/Korea ...... E I du Pont de Nemours. Hoechst Celanese. ICI Americas. A–580–809 ...... 731–TA–533 ...... Circular Welded Nonalloy Steel Pipe/Korea .... Allied Tube & Conduit. American Tube. Bull Moose Tube. Century Tube. CSI Tubular Products. Cyclops. Laclede Steel. LTV Tubular Products.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Maruichi American. Sharon Tube. USX. Western Tube & Conduit. Wheatland Tube. A–580–810 ...... 731–TA–540 ...... Welded ASTM A–312 Stainless Steel Pipe/ Avesta Sandvik Tube. Korea. Bristol Metals. Crucible Materials. Damascus Tubular Products. United Steelworkers of America. A–580–811 ...... 731–TA–546 ...... Carbon Steel Wire Rope/Korea ...... Bridon American. Macwhyte. Paulsen Wire Rope. The Rochester Corporation. United Automobile, Aerospace and Agricul- tural Implement Workers (Local 960). Williamsport. Wire-rope Works. Wire Rope Corporation of America. A–580–812 ...... 731–TA–556 ...... DRAMs of 1 Megabit and Above/Korea ...... Micron Technology. NEC Electronics. Texas Instruments. A–580–813 ...... 731–TA–563 ...... Stainless Steel Butt-Weld Pipe Fittings/Korea Flo-Mac Inc. Gerlin. Markovitz Enterprises. Shaw Alloy Piping Products. Taylor Forge Stainless. A–580–815 ...... 731–TA–607 ...... Cold-Rolled Carbon Steel Flat Products/Korea Armco Steel. Bethlehem Steel. California Steel Industries. Gulf States Steel. Inland Steel Industries. LTV Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. A–580–816 ...... 731–TA–618 ...... Corrosion-Resistant Carbon Steel Flat Prod- Armco Steel. ucts/Korea. Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. LTV Steel. Lukens Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. A–580–825 ...... 731–TA–715 ...... Oil Country Tubular Goods/Korea ...... Bellville Tube. IPSCO. Koppel Steel. Lone Star Steel. Maverick Tube. Newport Steel. North Star Steel. US Steel. USS/Kobe. A–580–829 ...... 731–TA–772 ...... Stainless Steel Wire Rod/Korea ...... AL Tech Specialty Steel. Carpenter Technology.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Republic Engineered Steels. Talley Metals Technology. United Steelworkers of America. A–580–831 ...... 731–TA–791 ...... Stainless Steel Plate in Coils/Korea ...... Allegheny Ludlum. Armco Steel. J&L Specialty Steel. Lukens Steel. North American Stainless. United Steelworkers of America. A–580–834 ...... 731–TA–801 ...... Stainless Steel Sheet and Strip/Korea ...... Allegheny Ludlum. Armco Steel. Bethlehem Steel. Butler Armco Independent Union. Carpenter Technology Corp. J&L Specialty Steel. North American Stainless. United Steelworkers of America. Zanesville Armco Independent Organization. A–580–836 ...... 731–TA–821 ...... Cut-to-Length Carbon Steel Plate/Korea ...... Bethlehem Steel. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. IPSCO Steel. National Steel. Tuscaloosa Steel. US Steel. United Steelworkers of America. A–580–839 ...... 731–TA–825 ...... Polyester Staple Fiber/Korea ...... Arteva Specialties Sarl. E I du Pont de Nemours. Intercontinental Polymers. Wellman. A–580–841 ...... 731–TA–854 ...... Structural Steel Beams/Korea ...... Northwestern Steel and Wire. Nucor. Nucor-Yamato Steel. TXI-Chaparral Steel. United Steelworkers of America. A–580–844 ...... 731–TA–877 ...... Steel Concrete Reinforcing Bar/Korea ...... AB Steel Mill Inc. AmeriSteel. Auburn Steel. Birmingham Steel. Border Steel. Cascade Steel Rolling Mills Inc. CMC Steel Group. Co-Steel Inc. Marion Steel. North Star Steel Co. Nucor Steel. Rebar Trade Action Coalition. Riverview Steel. Sheffield Steel. TAMCO. TXI-Chaparral Steel Co. A–580–846 ...... 731–TA–889 ...... Stainless Steel Angle/Korea ...... Slater Steels. United Steelworkers of America. A–580–847 ...... 731–TA–916 ...... Stainless Steel Bar/Korea ...... Carpenter Technology. Crucible Specialty Metals. Electralloy. Empire Specialty Steel. Republic Technologies International. Slater Steels. United Steelworkers of America. A–580–850 ...... 731–TA–1017 ...... Polyvinyl Alcohol/Korea ...... Celanese Ltd. E I du Pont de Nemours & Co. A–580–852 ...... 731–TA–1026 ...... Prestressed Concrete Steel Wire Strand/ American Spring Wire Corp. Korea. Insteel Wire Products Co. Sivaco Georgia LLC. Strand Tech Martin Inc. Sumiden Wire Products Corp. A–583–008 ...... 731–TA–132 ...... Small Diameter Carbon Steel Pipe and Tube/ Allied Tube & Conduit. Tawian. American Tube. Bull Moose Tube. Copperweld Tubing.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

J&L Steel. Kaiser Steel. Merchant Metals. Pittsburgh Tube. Southwestern Pipe. Western Tube & Conduit. A–583–009 ...... 731–TA–135 ...... Color Television Receivers/Taiwan ...... Committee to Preserve American Color Tele- vision. Independent Radionic Workers of America. Industrial Union Department, AFL–CIO. International Brotherhood of Electrical Work- ers. International Union of Electrical, Radio and Machine Workers. A–583–080 ...... AA1921–197 ...... Carbon Steel Plate/Taiwan ...... No Petition (self-initiated by Treasury); Com- merce service list identifies: Bethlehem Steel. China Steel. US Steel. A–583–505 ...... 731–TA–277 ...... Oil Country Tubular Goods/Taiwan ...... CF&I Steel. Copperweld Tubing. Cyclops. KPC. Lone Star Steel. LTV Steel. Maverick Tube. Quanex. US Steel. A–583–507 ...... 731–TA–280 ...... Malleable Cast Iron Pipe Fittings/Taiwan ...... Grinnell. Stanley G Flagg. Stockham Valves & Fittings. U-Brand. Ward Manufacturing. A–583–508 ...... 731–TA–299 ...... Porcelain-on-Steel Cooking Ware/Taiwan ...... General Housewares. A–583–603 ...... 731–TA–305 ...... Top-of-the-Stove Stainless Steel Cooking Farberware. Ware/Taiwan. Regal Ware. Revere Copper & Brass. WearEver/Proctor Silex. A–583–605 ...... 731–TA–310 ...... Carbon Steel Butt-Weld Pipe Fittings/Taiwan .. Ladish. Mills Iron Works. Steel Forgings. Tube Forgings of America. Weldbend. A–583–803 ...... 731–TA–410 ...... Light-Walled Rectangular Tube/Taiwan ...... Bull Moose Tube. Hannibal Industries. Harris Tube. Maruichi American. Searing Industries. Southwestern Pipe. Western Tube & Conduit. A–583–806 ...... 731–TA–428 ...... Small Business Telephone Systems/Taiwan ... American Telephone & Telegraph. Comdial. Eagle Telephonic. A–583–810 ...... 731–TA–475 ...... Chrome-Plated Lug Nuts/Taiwan ...... Consolidated International Automotive. Key Manufacturing. McGard. A–583–814 ...... 731–TA–536 ...... Circular Welded Nonalloy Steel Pipe/Taiwan .. Allied Tube & Conduit. American Tube. Bull Moose Tube. Century Tube. CSI Tubular Products. Cyclops. Laclede Steel. LTV Tubular Products. Maruichi American. Sharon Tube. USX. Western Tube & Conduit. Wheatland Tube. A–583–815 ...... 731–TA–541 ...... Welded ASTM A–312 Stainless Steel Pipe/ Avesta Sandvik Tube. Taiwan. Bristol Metals. Crucible Materials.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Damascus Tubular Products. United Steelworkers of America. A–583–816 ...... 731–TA–564 ...... Stainless Steel Butt-Weld Pipe Fittings/Taiwan Flo-Mac Inc. Gerlin. Markovitz Enterprises. Shaw Alloy Piping Products. Taylor Forge Stainless. A–583–820 ...... 731–TA–625 ...... Helical Spring Lock Washers/Taiwan ...... Illinois Tool Works. A–583–821 ...... 731–TA–640 ...... Forged Stainless Steel Flanges/Taiwan ...... Gerlin. Ideal Forging. Maass Flange. Markovitz Enterprises. A–583–824 ...... 731–TA–729 ...... Polyvinyl Alcohol/Taiwan ...... Air Products and Chemicals. A–583–825 ...... 731–TA–743 ...... Melamine Institutional Dinnerware/Taiwan ...... Carlisle Food Service Products. Lexington United. Plastics Manufacturing. A–583–826 ...... 731–TA–759 ...... Collated Roofing Nails/Taiwan ...... Illinois Tool Works. International Staple and Machines. Stanley-Bostitch. A–583–827 ...... 731–TA–762 ...... SRAMs/Taiwan ...... Micron Technology. A–583–828 ...... 731–TA–775 ...... Stainless Steel Wire Rod/Taiwan ...... AL Tech Specialty Steel. Carpenter Technology. Republic Engineered Steels. Talley Metals Technology. United Steelworkers of America. A–583–830 ...... 731–TA–793 ...... Stainless Steel Plate in Coils/Taiwan ...... Allegheny Ludlum. Armco Steel. J&L Specialty Steel. Lukens Steel. North American Stainless. United Steelworkers of America. A–583–831 ...... 731–TA–803 ...... Stainless Steel Sheet and Strip/Taiwan ...... Allegheny Ludlum. Armco Steel. Bethlehem Steel. Butler Armco Independent Union. Carpenter Technology Corp. J&L Specialty Steel. North American Stainless. United Steelworkers of America. Zanesville Armco Independent Organization. A–583–833 ...... 731–TA–826 ...... Polyester Staple Fiber/Taiwan ...... Arteva Specialties Sarl. Intercontinental Polymers. Wellman. A–583–835 ...... 731–TA–906 ...... Hot-Rolled Steel Products/Taiwan ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–583–837 ...... 731–TA–934 ...... Polyethylene Terephthalate Film, Sheet and DuPont Teijin Films. Strip (PET Film)/Taiwan. Mitsubishi Polyester Film LLC. SKC America Inc. Toray Plastics (America). A–588–005 ...... 731–TA–48 ...... High Power Microwave Amplifiers/Japan ...... Aydin. MCL. A–588–015 ...... AA1921–66 ...... Television Receivers/Japan ...... AGIV (USA). Casio Computer. CBM America. Citizen Watch. Funai Electric. Hitachi. Industrial Union Department. JC Penny. Matsushita.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Mitsubishi Electric. Montgomery Ward. NEC. Orion Electric. PT Imports. Philips Electronics. Philips Magnavox. Sanyo. Sharp. Toshiba. Toshiba America Consumer Products. Victor Company of Japan. Zenith Electronics. A–588–028 ...... AA1921–111 ...... Roller Chain/Japan ...... Acme Chain Division, North American Rock- well. American Chain Association. Atlas Chain & Precision Products. Diamond Chain. Link-Belt Chain Division, FMC. Morse Chain Division, Borg Warner. Rex Chainbelt. A–588–029 ...... AA1921–85 ...... Fish Netting of Man-Made Fiber/Japan ...... Jovanovich Supply. LFSI. Trans-Pacific Trading. A–588–038 ...... AA1921–98 ...... Bicycle Speedometers/Japan ...... Avocet. Cat Eye. Diversified Products. NS International. Sanyo Electric. Stewart-Warner. A–588–041 ...... AA1921–115 ...... Synthetic Methionine/Japan ...... Monsanto. A–588–045 ...... AA1921–124 ...... Steel Wire Rope/Japan ...... AMSTED Industries. A–588–046 ...... AA1921–129 ...... Polychloroprene Rubber/Japan ...... E I du Pont de Nemours. A–588–054 ...... AA1921–143 ...... Tapered Roller Bearings 4 Inches and Under/ No companies identified as petitioners at the Japan. Commission; Commerce service list identi- fies: American Honda Motor. Federal Mogul. Ford Motor. General Motors. Honda. Hoover-NSK Bearing. Isuzu. Itocho. ITOCHU International. Kanematsu-Goshu USA. Kawasaki Heavy Duty Industries. Komatsu America. Koyo Seiko. Kubota Tractor. Mitsubishi. Motorambar. Nachi America. Nachi Western. Nachi-Fujikoshi. Nippon Seiko. Nissan Motor. Nissan Motor USA. NSK. NTN. Subaru of America. Sumitomo. Suzuki Motor. Timken. Toyota Motor Sales. Yamaha Motors. A–588–055 ...... AA1921–154 ...... Acrylic Sheet/Japan ...... Polycast Technology. A–588–056 ...... AA1921–162 ...... Melamine/Japan ...... Melamine Chemical. A–588–068 ...... AA1921–188 ...... Prestressed Concrete Steel Wire Strand/ American Spring Wire. Japan. Armco Steel. Bethlehem Steel. CF&I Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Florida Wire & Cable. A–588–405 ...... 731–TA–207 ...... Cellular Mobile Telephones/Japan ...... EF Johnson. Motorola. A–588–602 ...... 731–TA–309 ...... Carbon Steel Butt-Weld Pipe Fittings/Japan ... Ladish. Mills Iron Works. Steel Forgings. Tube Forgings of America. Weldbend. A–588–604 ...... 731–TA–343 ...... Tapered Roller Bearings Over 4 Inches/Japan L&S Bearing. Timken. Torrington. A–588–605 ...... 731–TA–347 ...... Malleable Cast Iron Pipe Fittings/Japan ...... Grinnell. Stanley G Flagg. Stockham Valves & Fittings. U-Brand. Ward Manufacturing. A–588–609 ...... 731–TA–368 ...... Color Picture Tubes/Japan ...... Industrial Union Department, AFL–CIO. International Association of Machinists & Aerospace Workers. International Brotherhood of Electrical Work- ers. International Union of Electronic, Electrical, Technical, Salaried and Machine Workers. Philips Electronic Components Group. United Steelworkers of America. Zenith Electronics. A–588–702 ...... 731–TA–376 ...... Stainless Steel Butt-Weld Pipe Fittings/Japan Flo-Mac Inc. Flowline. Shaw Alloy Piping Products. Taylor Forge Stainless. A–588–703 ...... 731–TA–377 ...... Internal Combustion Industrial Forklift Trucks/ Ad-Hoc Group of Workers from Hyster’s Japan. Berea, Kentucky and Sulligent, Alabama Facilities. Allied Industrial Workers of America. Hyster. Independent Lift Truck Builders Union. International Association of Machinists & Aerospace Workers. United Shop & Service Employees. A–588–704 ...... 731–TA–379 ...... Brass Sheet and Strip/Japan ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass. Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. North Coast Brass & Copper. Olin. Pegg Metals. Revere Copper Products. United Steelworkers of America. A–588–706 ...... 731–TA–384 ...... Nitrile Rubber/Japan ...... Uniroyal Chemical. A–588–707 ...... 731–TA–386 ...... Granular Polytetrafluoroethylene/Japan ...... E I du Pont de Nemours. ICI Americas. A–588–802 ...... 731–TA–389 ...... 3.5″ Microdisks/Japan ...... Verbatim. A–588–804 ...... 731–TA–394–A ...... Ball Bearings/Japan ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. McGill Manufacturing Co. MPB. Rexnord Inc. Rollway Bearings. Torrington. A–588–804 ...... 731–TA–394–B ...... Cylindrical Roller Bearings/Japan ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. MPB. Rollway Bearings. Torrington.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

A–588–804 ...... 731–TA–394–C ...... Spherical Plain Bearings/Japan ...... Barden Corp. Emerson Power Transmission. Kubar Bearings. Rollway Bearings. Torrington. A–588–806 ...... 731–TA–408 ...... Electrolytic Manganese Dioxide/Japan ...... Chemetals. Kerr-McGee. Rayovac. A–588–807 ...... 731–TA–414 ...... Industrial Belts/Japan ...... The Gates Rubber Company. The Goodyear Tire and Rubber Company. A–588–809 ...... 731–TA–426 ...... Small Business Telephone Systems/Japan ..... American Telephone & Telegraph. Comdial. Eagle Telephonic. A–588–810 ...... 731–TA–429 ...... Mechanical Transfer Presses/Japan ...... Allied Products. United Autoworkers of America. United Steelworkers of America. A–588–811 ...... 731–TA–432 ...... Drafting Machines/Japan ...... Vemco. A–588–812 ...... 731–TA–440 ...... Industrial Nitrocellulose/Japan ...... Hercules. A–588–815 ...... 731–TA–461 ...... Gray Portland Cement and Clinker/Japan ...... Calaveras Cement. Hanson Permanente Cement. Independent Workers of North America (Locals 49, 52, 89, 192 and 471). International Union of Operating Engineers (Local 12). National Cement Co Inc. National Cement Company of California. Southdown. A–588–817 ...... 731–TA–469 ...... Electroluminescent Flat-Panel Displays/Japan The Cherry Corporation. Electro Plasma. Magnascreen. OIS Optical Imaging Systems. Photonics Technology. Planar Systems. Plasmaco. A–588–823 ...... 731–TA–571 ...... Professional Electric Cutting Tools/Japan ...... Black & Decker. A–588–826 ...... 731–TA–617 ...... Corrosion-Resistant Carbon Steel Flat Prod- Bethlehem Steel. ucts/Japan. California Steel Industries. Geneva Steel. Gulf States Steel. Lukens Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. A–588–831 ...... 731–TA–660 ...... Grain-Oriented Silicon Electrical Steel/Japan .. Allegheny Ludlum. Armco Steel. United Steelworkers of America. A–588–833 ...... 731–TA–681 ...... Stainless Steel Bar/Japan ...... AL Tech Specialty Steel. Carpenter Technology. Crucible Specialty Metals. Electralloy. Republic Engineered Steels. Slater Steels. Talley Metals Technology. United Steelworkers of America. A–588–835 ...... 731–TA–714 ...... Oil Country Tubular Goods/Japan ...... IPSCO. Koppel Steel. Lone Star Steel Co. Maverick Tube. Newport Steel. North Star Steel. US Steel. A–588–836 ...... 731–TA–727 ...... Polyvinyl Alcohol/Japan ...... Air Products and Chemicals. A–588–837 ...... 731–TA–737 ...... Large Newspaper Printing Presses/Japan ...... Rockwell Graphics Systems. A–588–838 ...... 731–TA–739 ...... Clad Steel Plate/Japan ...... Lukens Steel. A–588–839 ...... 731–TA–740 ...... Sodium Azide/Japan ...... American Azide. A–588–840 ...... 731–TA–748 ...... Gas Turbo-Compressor Systems/Japan ...... Demag Delaval.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Dresser-Rand. United Steelworkers of America. A–588–841 ...... 731–TA–750 ...... Vector Supercomputers/Japan ...... Cray Research. A–588–843 ...... 731–TA–771 ...... Stainless Steel Wire Rod/Japan ...... AL Tech Specialty Steel. Carpenter Technology. Republic Engineered Steels. Talley Metals Technology. United Steelworkers of America. A–588–845 ...... 731–TA–800 ...... Stainless Steel Sheet and Strip/Japan ...... Allegheny Ludlum. Armco Steel. Bethlehem Steel. Butler Armco Independent Union. Carpenter Technology Corp. J&L Specialty Steel. North American Stainless. United Steelworkers of America. Zanesville Armco Independent Organization. A–588–846 ...... 731–TA–807 ...... Hot-Rolled Carbon Steel Flat Products/Japan Acme Steel. Bethlehem Steel. California Steel Industries. Gallatin Steel. Geneva Steel. Gulf States Steel. Independent Steelworkers. IPSCO. Ispat/Inland. LTV Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–588–847 ...... 731–TA–820 ...... Cut-to-Length Carbon Steel Plate/Japan ...... Bethlehem Steel. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. IPSCO Steel. Tuscaloosa Steel. US Steel. United Steelworkers of America. A–588–850 ...... 731–TA–847 ...... Large-Diameter Carbon Steel Seamless Pipe/ North Star Steel. Japan. Timken. US Steel. United Steelworkers of America. USS/Kobe. A–588–851 ...... 731–TA–847 ...... Small-Diameter Carbon Steel Seamless Pipe/ Koppel Steel. Japan. North Star Steel. Sharon Tube. Timken. US Steel. United Steelworkers of America. USS/Kobe. Vision Metals’ Gulf States Tube. A–588–852 ...... 731–TA–853 ...... Structural Steel Beams/Japan ...... Northwestern Steel and Wire. Nucor. Nucor-Yamato Steel. TXI-Chaparral Steel. United Steelworkers of America. A–588–854 ...... 731–TA–860 ...... Tin-Mill Products/Japan ...... Independent Steelworkers. United Steelworkers of America. Weirton Steel. A–588–856 ...... 731–TA–888 ...... Stainless Steel Angle/Japan ...... Slater Steels. United Steelworkers of America. A–588–857 ...... 731–TA–919 ...... Welded Large Diameter Line Pipe/Japan ...... American Cast Iron Pipe. Berg Steel Pipe. Bethlehem Steel. Napa Pipe/Oregon Steel Mills. Saw Pipes USA. Stupp.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

US Steel. A–588–861 ...... 731–TA–1016 ...... Polyvinyl Alcohol/Japan ...... Celenex Ltd. E I du Pont de Nemours & Co. A–588–862 ...... 731–TA–1023 ...... Certain Ceramic Station Post Insulators/Japan Lapp Insulator Co LLC. Newell Porcelain Co Inc. Victor Insulators Inc. A–588–866 ...... 731–TA–1090 ...... Superalloy Degassed Chromium/Japan ...... Eramet Marietta Inc. A–602–803 ...... 731–TA–612 ...... Corrosion-Resistant Carbon Steel Flat Prod- Armco Steel. ucts/Australia. Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. LTV Steel. Lukens Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. A–791–805 ...... 731–TA–792 ...... Stainless Steel Plate in Coils/South Africa ...... Allegheny Ludlum. Armco Steel. J&L Specialty Steel. Lukens Steel. North American Stainless. United Steelworkers of America. A–791–808 ...... 731–TA–850 ...... Small-Diameter Carbon Steel Seamless Pipe/ Koppel Steel. South Africa. North Star Steel. Sharon Tube. Timken. US Steel. United Steelworkers of America. USS/Kobe. Vision Metals’ Gulf States Tube. A–791–809 ...... 731–TA–905 ...... Hot-Rolled Steel Products/South Africa ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–791–815 ...... 731–TA–987 ...... Ferrovanadium/South Africa ...... Bear Metallurgical Co. Shieldalloy Metallurgical Corp. A–821–801 ...... 731–TA–340E ...... Solid Urea/Russia ...... Agrico Chemical. American Cyanamid. CF Industries. First Mississippi. Mississippi Chemical. Terra International. WR Grace. A–821–802 ...... 731–TA–539–C ...... Uranium/Russia ...... Ferret Exploration. First Holding. Geomex Minerals. IMC Fertilizer. Malapai Resources. Oil, Chemical and Atomic Workers. Pathfinder Mines. Power Resources. Rio Algom Mining. Solution Mining.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Total Minerals. Umetco Minerals. Uranium Resources. A–821–804 ...... 731–TA–568 ...... Ferrosilicon/Russia ...... AIMCOR. Alabama Silicon. American Alloys. Globe Metallurgical. Oil, Chemical and Atomic Workers (Local 389). Silicon Metaltech. United Autoworkers of America (Local 523). United Steelworkers of America (Locals 2528, 3081, 5171 and 12646). A–821–805 ...... 731–TA–697 ...... Pure Magnesium/Russia ...... Dow Chemical. International Union of Operating Engineers (Local 564). Magnesium Corporation of America. United Steelworkers of America (Local 8319). A–821–807 ...... 731–TA–702 ...... Ferrovanadium and Nitrided Vanadium/Russia Shieldalloy Metallurgical. A–821–809 ...... 731–TA–808 ...... Hot-Rolled Carbon Steel Flat Products/Russia Acme Steel. Bethlehem Steel. California Steel Industries. Gallatin Steel. Geneva Steel. Gulf States Steel. Independent Steelworkers. IPSCO. Ispat/Inland. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–821–811 ...... 731–TA–856 ...... Ammonium Nitrate/Russia ...... Agrium. Air Products and Chemicals. El Dorado Chemical. LaRoche. Mississippi Chemical. Nitram. Wil-Gro Fertilizer. A–821–817 ...... 731–TA–991 ...... Silicon Metal/Russia ...... Globe Metallurgical Inc. SIMCALA Inc. A–821–819 ...... 731–TA–1072 ...... Pure and Alloy Magnesium/Russia ...... Garfield Alloys Inc. Glass, Molders, Pottery, Plastics & Allied Workers International Local 374. Halaco Engineering. MagReTech Inc. United Steelworkers of America Local 8319. US Magnesium LLC. A–822–801 ...... 731–TA–340B ...... Solid Urea/Belarus ...... Agrico Chemical. American Cyanamid. CF Industries. First Mississippi. Mississippi Chemical. Terra International. WR Grace. A–822–804 ...... 731–TA–873 ...... Steel Concrete Reinforcing Bar/Belarus ...... AB Steel Mill Inc. AmeriSteel. Auburn Steel. Birmingham Steel. Border Steel. Cascade Steel Rolling Mills Inc. CMC Steel Group. Co-Steel Inc. Marion Steel. North Star Steel Co. Nucor Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Rebar Trade Action Coalition. Riverview Steel. Sheffield Steel. TAMCO. TXI-Chaparral Steel Co. A–823–801 ...... 731–TA–340H ...... Solid Urea/Ukraine ...... Agrico Chemical. American Cyanamid. CF Industries. First Mississippi. Mississippi Chemical. Terra International. WR Grace. A–823–802 ...... 731–TA–539–E ...... Uranium/Ukraine ...... Ferret Exploration. First Holding. Geomex Minerals. IMC Fertilizer. Malapai Resources. Oil, Chemical and Atomic Workers. Pathfinder Mines. Power Resources. Rio Algom Mining. Solution Mining. Total Minerals. Umetco Minerals. Uranium Resources. A–823–804 ...... 731–TA–569 ...... Ferrosilicon/Ukraine ...... AIMCOR. Alabama Silicon. American Alloys. Globe Metallurgical. Oil, Chemical and Atomic Workers (Local 389). Silicon Metaltech. United Autoworkers of America (Local 523). United Steelworkers of America (Locals 2528, 3081, 5171 and 12646). A–823–805 ...... 731–TA–673 ...... Silicomanganese/Ukraine ...... Elkem Metals. Oil, Chemical and Atomic Workers (Local 3– 639). A–823–809 ...... 731–TA–882 ...... Steel Concrete Reinforcing Bar/Ukraine ...... AB Steel Mill Inc. AmeriSteel. Auburn Steel. Birmingham Steel. Border Steel. Cascade Steel Rolling Mills Inc. CMC Steel Group. Co-Steel Inc. Marion Steel. North Star Steel Co. Nucor Steel. Rebar Trade Action Coalition. Riverview Steel. Sheffield Steel. TAMCO. TXI-Chaparral Steel Co. A–823–810 ...... 731–TA–894 ...... Ammonium Nitrate/Ukraine ...... Agrium. Air Products and Chemicals. Committee for Fair Ammonium Nitrate Trade. El Dorado Chemical. LaRoche Industries. Mississippi Chemical. Nitram. Prodica. A–823–811 ...... 731–TA–908 ...... Hot-Rolled Steel Products/Ukraine ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–823–812 ...... 731–TA–962 ...... Carbon and Certain Alloy Steel Wire Rod/ AmeriSteel. Ukraine. Birmingham Steel. Cascade Steel Rolling Mills. Connecticut Steel Corp. Co-Steel Raritan. GS Industries. Keystone Consolidated Industries. North Star Steel Texas. Nucor Steel-Nebraska (a division of Nucor Corp). Republic Technologies International. Rocky Mountain Steel Mills. A–831–801 ...... 731–TA–340A ...... Solid Urea/Armenia ...... Agrico Chemical. American Cyanamid. CF Industries. First Mississippi. Mississippi Chemical. Terra International. WR Grace. A–834–806 ...... 731–TA–902 ...... Hot-Rolled Steel Products/Kazakhstan ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dymanics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–834–807 ...... 731–TA–930 ...... Silicomanganese/Kazakhstan ...... Eramet Marietta. Paper, Allied-Industrial, Chemical and Energy Workers International Union, Local 5–0639. A–841–804 ...... 731–TA–879 ...... Steel Concrete Reinforcing Bar/Moldova ...... AB Steel Mill Inc. AmeriSteel. Auburn Steel. Birmingham Steel. Border Steel. Cascade Steel Rolling Mills Inc. CMC Steel Group. Co-Steel Inc. Marion Steel. North Star Steel Co. Nucor Steel. Rebar Trade Action Coalition. Riverview Steel. Sheffield Steel. TAMCO. TXI-Chaparral Steel Co. A–841–805 ...... 731–TA–959 ...... Carbon and Certain Alloy Steel Wire Rod/ AmeriSteel. Moldova. Birmingham Steel. Cascade Steel Rolling Mills. Connecticut Steel Corp. Co-Steel Raritan. GS Industries. Keystone Consolidated Industries. North Star Steel Texas. Nucor Steel-Nebraska (a division of Nucor Corp). Republic Technologies International. Rocky Mountain Steel Mills. A–842–801 ...... 731–TA–340F ...... Solid Urea/Tajikistan ...... Agrico Chemical. American Cyanamid. CF Industries. First Mississippi.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Mississippi Chemical. Terra International. WR Grace. A–843–801 ...... 731–TA–340G ...... Solid Urea/Turkmenistan ...... Agrico Chemical. American Cyanamid. CF Industries. First Mississippi. Mississippi Chemical. Terra International. WR Grace. A–843–802 ...... 731–TA–539 ...... Uranium/Kazakhstan ...... Ferret Exploration. First Holding. Geomex Minerals. IMC Fertilizer. Malapai Resources. Oil, Chemical and Atomic Workers. Pathfinder Mines. Power Resources. Rio Algom Mining. Solution Mining. Total Minerals. Umetco Minerals. Uranium Resources. A–843–804 ...... 731–TA–566 ...... Ferrosilicon/Kazakhstan ...... AIMCOR. Alabama Silicon. American Alloys. Globe Metallurgical. Oil, Chemical and Atomic Workers (Local 389). Silicon Metaltech. United Autoworkers of America (Local 523). United Steelworkers of America (Locals 2528, 3081, 5171 and 12646). A–844–801 ...... 731–TA–340I ...... Solid Urea/Uzbekistan ...... Agrico Chemical. American Cyanamid. CF Industries. First Mississippi. Mississippi Chemical. Terra International. WR Grace. A–844–802 ...... 731–TA–539–F ...... Uranium/Uzbekistan ...... Ferret Exploration. First Holding. Geomex Minerals. IMC Fertilizer. Malapai Resources. Oil, Chemical and Atomic Workers. Pathfinder Mines. Power Resources. Rio Algom Mining. Solution Mining. Total Minerals. Umetco Minerals. Uranium Resources. A–851–802 ...... 731–TA–846 ...... Small-Diameter Carbon Steel Seamless Pipe/ Koppel Steel. Czech Republic. North Star Steel. Sharon Tube. Timken. US Steel. United Steelworkers of America. USS/Kobe. Vision Metals’ Gulf States Tube. C–122–404 ...... 701–TA–224 ...... Live Swine/Canada ...... National Pork Producers Council. Wilson Foods. C–122–805 ...... 701–TA–297 ...... Steel Rails/Canada ...... Bethlehem Steel. CF&I Steel. C–122–815 ...... 701–TA–309–A ...... Alloy Magnesium/Canada ...... Magnesium Corporation of America. C–122–815 ...... 701–TA–309–B ...... Pure Magnesium/Canada ...... Magnesium Corporation of America. C–122–839 ...... 701–TA–414 ...... Softwood Lumber/Canada ...... 71 Lumber Co. Almond Bros Lbr Co. Anthony Timberlands. Balfour Lbr Co. Ball Lumber.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Banks Lumber Company. Barge Forest Products Co. Beadles Lumber Co. Bearden Lumber. Bennett Lumber. Big Valley Band Mill. Bighorn Lumber Co Inc. Blue Mountain Lumber. Buddy Bean Lumber. Burgin Lumber Co Ltd. Burt Lumber Company. C&D Lumber Co. Ceda-Pine Veneer. Cersosimo Lumber Co Inc. Charles Ingram Lumber Co Inc. Charleston Heart Pine. Chesterfield Lumber. Chips. Chocorua Valley Lumber Co. Claude Howard Lumber. Clearwater Forest Industries. CLW Inc. CM Tucker Lumber Corp. Coalition for Fair Lumber Imports Executive Committee. Cody Lumber Co. Collins Pine Co. Collums Lumber. Columbus Lumber Co. Contoocook River Lumber. Conway Guiteau Lumber. Cornwright Lumber Co. Crown Pacific. Daniels Lumber Inc. Dean Lumber Co Inc. Deltic Timber Corporation. Devils Tower Forest Products. DiPrizio Pine Sales. Dorchester Lumber Co. DR Johnson Lumber. East Brainerd Lumber Co. East Coast Lumber Company. Eas-Tex Lumber. ECK Wood Products. Ellingson Lumber Co. Elliott Sawmilling. Empire Lumber Co. Evergreen Forest Products. Excalibur Shelving Systems Inc. Exley Lumber Co. FH Stoltze Land & Lumber Co. FL Turlington Lbr Co Inc. Fleming Lumber. Flippo Lumber. Floragen Forest Products. Frank Lumber Co. Franklin Timber Co. Fred Tebb & Sons. Fremont Sawmill. Frontier Resources. Garrison Brothers Lumber Co and Subsidi- aries. Georgia Lumber. Gilman Building Products. Godfrey Lumber. Granite State Forest Prod Inc. Great Western Lumber Co. Greenville Molding Inc. Griffin Lumber Company. Guess Brothers Lumber. Gulf Lumber. Gulf States Paper.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Guy Bennett Lumber. Hampton Resources. Hancock Lumber. Hankins Inc. Hankins Lumber Co. Harrigan Lumber. Harwood Products. Haskell Lumber Inc. Hatfield Lumber. Hedstrom Lumber. Herrick Millwork Inc. HG Toler & Son Lumber Co Inc. HG Wood Industries LLC. Hogan & Storey Wood Prod. Hogan Lumber Co. Hood Industries. HS Hofler & Sons Lumber Co Inc. Hubbard Forest Ind Inc. HW Culp Lumber Co. Idaho Veneer Co. Industrial Wood Products. Intermountain Res LLC. International Paper. J Franklin Jones Lumber Co Inc. Jack Batte & Sons Inc. Jasper Lumber Company. JD Martin Lumber Co. JE Jones Lumber Co. Jerry G Williams & Sons. JH Knighton Lumber Co. Johnson Lumber Company. Jordan Lumber & Supply. Joseph Timber Co. JP Haynes Lbr Co Inc. JV Wells Inc. JW Jones Lumber. Keadle Lumber Enterprises. Keller Lumber. King Lumber Co. Konkolville Lumber. Langdale Forest Products. Laurel Lumber Company. Leavitt Lumber Co. Leesville Lumber Co. Limington Lumber Co. Longview Fibre Co. Lovell Lumber Co Inc. M Kendall Lumber Co. Manke Lumber Co. Marriner Lumber Co. Mason Lumber. MB Heath & Sons Lumber Co. MC Dixon Lumber Co Inc. Mebane Lumber Co Inc. Metcalf Lumber Co Inc. Millry Mill Co Inc. Moose Creek Lumber Co. Moose River Lumber. Morgan Lumber Co Inc. Mount Yonah Lumber Co. Nagel Lumber. New Kearsarge Corp. New South. Nicolet Hardwoods. Nieman Sawmills SD. Nieman Sawmills WY. North Florida. Northern Lights Timber & Lumber. Northern Neck Lumber Co. Ochoco Lumber Co. Olon Belcher Lumber Co. Owens and Hurst Lumber.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Packaging Corp of America. Page & Hill Forest Products. Paper, Allied-Industrial, Chemical and Energy Workers International Union. Parker Lumber. Pate Lumber Co Inc. PBS Lumber. Pedigo Lumber Co. Piedmont Hardwood Lumber Co. Pine River Lumber Co. Pinecrest Lumber Co. Pleasant River Lumber Co. Pleasant Western Lumber Inc. Plum Creek Timber. Pollard Lumber. Portac. Potlatch. Potomac Supply. Precision Lumber Inc. Pruitt Lumber Inc. R Leon Williams Lumber Co. RA Yancey Lumber. Rajala Timber Co. Ralph Hamel Forest Products. Randy D Miller Lumber. Rappahannock Lumber Co. Regulus Stud Mills Inc. Riley Creek Lumber. Roanoke Lumber Co. Robbins Lumber. Robertson Lumber. Roseburg Forest Products Co. Rough & Ready. RSG Forest Products. Rushmore Forest Products. RY Timber Inc. Sam Mabry Lumber Co. Scotch Lumber. SDS Lumber Co. Seacoast Mills Inc. Seago Lumber. Seattle-Snohomish. Seneca Sawmill. Shaver Wood Products. Shearer Lumber Products. Shuqualak Lumber. SI Storey Lumber. Sierra Forest Products. Sierra Pacific Industries. Sigfridson Wood Products. Silver City Lumber Inc. Somers Lbr & Mfg Inc. South & Jones. South Coast. Southern Forest Industries Inc. Southern Lumber. St Laurent Forest Products. Starfire Lumber Co. Steely Lumber Co Inc. Stimson Lumber. Summit Timber Co. Sundance Lumber. Superior Lumber. Swanson Superior Forest Products Inc. Swift Lumber. Tamarack Mill. Taylor Lumber & Treating Inc. Temple-Inland Forest Products. Thompson River Lumber. Three Rivers Timber. Thrift Brothers Lumber Co Inc. Timco Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Tolleson Lumber. Toney Lumber. TR Miller Mill Co. Tradewinds of Virginia Ltd. Travis Lumber Co. Tree Source Industries Inc. Tri-State Lumber. TTT Studs. United Brotherhood of Carpenters and Join- ers. Viking Lumber Co. VP Kiser Lumber Co. Walton Lumber Co Inc. Warm Springs Forest Products. Westvaco Corp. Wilkins, Kaiser & Olsen Inc. WM Shepherd Lumber Co. WR Robinson Lumber Co Inc. Wrenn Brothers Inc. Wyoming Sawmills. Yakama Forest Products. Younce & Ralph Lumber Co Inc. Zip-O-Log Mills Inc. C–122–841 ...... 701–TA–418 ...... Carbon and Certain Alloy Steel Wire Rod/Can- AmeriSteel. ada. Birmingham Steel. Cascade Steel Rolling Mills. Connecticut Steel Corp. Co-Steel Raritan. GS Industries. Keystone Consolidated Industries. North Star Steel Texas. Nucor Steel-Nebraska (a division of Nucor Corp). Republic Technologies International. Rocky Mountain Steel Mills. C–122–848 ...... 701–TA–430B ...... Hard Red Spring Wheat/Canada ...... North Dakota Wheat Commission. C–201–505 ...... 701–TA–265 ...... Porcelain-on-Steel Cooking Ware/Mexico ...... General Housewares. C–201–810 ...... 701–TA–325 ...... Cut-to-Length Carbon Steel Plate/Mexico ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. C–307–804 ...... 303–TA–21 ...... Gray Portland Cement and Clinker/Venezuela Florida Crushed Stone. Southdown. Tarmac America. C–307–808 ...... 303–TA–23 ...... Ferrosilicon/Venezuela ...... AIMCOR. Alabama Silicon. American Alloys. Globe Metallurgical. Oil, Chemical and Atomic Workers (Local 389). Silicon Metaltech. United Autoworkers of America (Local 523). United Steelworkers of America (Locals 2528, 3081, 5171 and 12646). C–333–401 ...... 701–TA–E ...... Cotton Shop Towels/Peru ...... No case at the Commission; Commerce serv- ice list identifies: Durafab. Kleen-Tex Industries. Lewis Eckert Robb. Milliken. Pavis & Harcourt. C–351–037 ...... 104–TAA–21 ...... Cotton Yarn/Brazil ...... American Yarn Spinners Association.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Harriet & Henderson Yarns. LaFar Industries. C–351–504 ...... 701–TA–249 ...... Heavy Iron Construction Castings/Brazil ...... Alhambra Foundry. Allegheny Foundry. Bingham & Taylor. Campbell Foundry. Charlotte Pipe & Foundry. Deeter Foundry. East Jordan Foundry. Le Baron Foundry. Municipal Castings. Neenah Foundry. Opelika Foundry. Pinkerton Foundry. Tyler Pipe. US Foundry & Manufacturing. Vulcan Foundry. C–351–604 ...... 701–TA–269 ...... Brass Sheet and Strip/Brazil ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass. Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. Olin. Revere Copper Products. United Steelworkers of America. C–351–818 ...... 701–TA–320 ...... Cut-to-Length Carbon Steel Plate/Brazil ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. C–351–829 ...... 701–TA–384 ...... Hot-Rolled Carbon Steel Flat Products/Brazil .. Acme Steel. Bethlehem Steel. California Steel Industries. Gallatin Steel. Geneva Steel. Gulf States Steel. Independent Steelworkers. IPSCO. Ispat/Inland. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. Wheeling-Pittsburgh Steel Corp. C–351–833 ...... 701–TA–417 ...... Carbon and Certain Alloy Steel Wire Rod/ AmeriSteel. Brazil. Birmingham Steel. Cascade Steel Rolling Mills. Connecticut Steel Corp. Co-Steel Raritan. GS Industries. Keystone Consolidated Industries. North Star Steel Texas. Nucor Steel-Nebraska (a division of Nucor Corp).

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Republic Technologies International. Rocky Mountain Steel Mills. C–357–004 ...... 701–TA–A ...... Carbon Steel Wire Rod/Argentina ...... Atlantic Steel. Continental Steel. Georgetown Steel. North Star Steel. Raritan River Steel. C–357–813 ...... 701–TA–402 ...... Honey/Argentina ...... AH Meyer & Sons. Adee Honey Farms. Althoff Apiaries. American Beekeeping Federation. American Honey Producers Association. Anderson Apiaries. Arroyo Apiaries. Artesian Honey Producers. B Weaver Apiaries. Bailey Enterprises. Barkman Honey. Basler Honey Apiary. Beals Honey. Bears Paw Apiaries. Beaverhead Honey. Bee Biz. Bee Haven Honey. Belliston Brothers Apiaries. Big Sky Honey. Bill Rhodes Honey. Richard E Blake. Curt Bronnenbery. Brown’s Honey Farms. Brumley’s Bees. Buhmann Apiaries. Carys Honey Farms. Chaparrel Honey. Charles Apiaries. Mitchell Charles. Collins Honey. Conor Apiaries. Coy’s Honey Farm. Dave Nelson Apiaries. Delta Bee. Eisele’s Pollination & Honey. Ellingsoa’s. Elliott Curtis & Sons. Charles L Emmons, Sr. Gause Honey. Gene Brandi Apiaries. Griffith Honey. Haff Apiaries. Hamilton Bee Farms. Hamilton Honey. Happie Bee. Harvest Honey. Harvey’s Honey. Hiatt Honey. Hoffman Honey. Hollman Apiaries. Honey House. Honeybee Apiaries. Gary M Honl. Rand William Honl and Sydney Jo Honl. James R & Joann Smith Trust. Jaynes Bee Products. Johnston Honey Farms. Larry Johnston. Ke-An Honey. Kent Honeybees. Lake-Indianhead Honey Farms. Lamb’s Honey Farm. Las Flores Apiaries. Mackrill Honey Farms & Sales. Raymond Marquette.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Mason & Sons Honey. McCoy’s Sunny South Apiaries. Merrimack Valley Apiaries & Evergreen Honey. Met 2 Honey Farm. Missouri River Honey. Mitchell Brothers Honey. Monda Honey Farm. Montana Dakota Honey. Northern Bloom Honey. Noye’s Apiaries. Oakes Honey. Oakley Honey Farms. Old Mill Apiaries. Opp Honey. Oro Dulce. Peterson’s ‘‘Naturally Sweet’’ Honey. Potoczak Bee Farms. Price Apiaries. Pure Sweet Honey Farms. Robertson Pollination Service. Robson Honey. William Robson. Rosedale Apiaries. Ryan Apiaries. Schmidt Honey Farms. Simpson Apiaries. Sioux Honey Association. Smoot Honey. Solby Honey. Stahlman Apiaries. Steve E Parks Apiaries. Stroope Bee & Honey. T&D Honey Bee. Talbott’s Honey. Terry Apiaries. Thompson Apiaries. Triple A Farm. Tropical Blossom Honey. Tubbs Apiaries. Venable Wholesale. Walter L Wilson Buzz 76 Apiaries. Wiebersiek Honey Farms. Wilmer Farms. Brent J Woodworth. Wooten’s Golden Queens. Yaddof Apiaries. C–357–815 ...... 701–TA–404 ...... Hot-Rolled Steel Products/Argentina ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. C–401–401 ...... 701–TA–231 ...... Cold-Rolled Carbon Steel Flat Products/Swe- Bethlehem Steel. den. Chaparral. US Steel. C–401–804 ...... 701–TA–327 ...... Cut-to-Length Carbon Steel Plate/Sweden ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. C–403–802 ...... 701–TA–302 ...... Fresh and Chilled Atlantic Salmon/Norway ..... Heritage Salmon. The Coalition for Fair Atlantic Salmon Trade. C–408–046 ...... 104–TAA–7 ...... Sugar/EU ...... No petition at the Commission; Commerce service list identifies: AJ Yates. Alexander & Baldwin. American Farm Bureau Federation. American Sugar Cane League. American Sugarbeet Growers Associa- tion. Amstar Sugar. Florida Sugar Cane League. Florida Sugar Marketing and Terminal As- sociation. H&R Brokerage. Hawaiian Agricultural Research Center. Leach Farms. Michigan Farm Bureau. Michigan Sugar. Rio Grande Valley Sugar Growers Asso- ciation. Sugar Cane Growers Cooperative of Flor- ida. Talisman Sugar. US Beet Sugar Association. United States Beet Sugar Association. United States Cane Sugar Refiners’ As- sociation. C–412–815 ...... 701–TA–328 ...... Cut-to-Length Carbon Steel Plate/United King- Bethlehem Steel. dom. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. C–412–821 ...... 701–TA–412 ...... Low Enriched Uranium/United Kingdom ...... United States Enrichment Corp. USEC Inc. C–421–601 ...... 701–TA–278 ...... Fresh Cut Flowers/Netherlands ...... Burdette Coward. California Floral Council. Floral Trade Council. Florida Flower Association. Gold Coast Uanko Nursery. Hollandia Wholesale Florist. Manatee Fruit. Monterey Flower Farms. Topstar Nursery. C–421–809 ...... 701–TA–411 ...... Low Enriched Uranium/Netherlands ...... United States Enrichment Corp. USEC Inc. C–423–806 ...... 701–TA–319 ...... Cut-to-Length Carbon Steel Plate/Belgium ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

US Steel. United Steelworkers of America. C–423–809 ...... 701–TA–376 ...... Stainless Steel Plate in Coils/Belgium ...... Allegheny Ludlum. Armco Steel. Lukens Steel. North American Stainless. United Steelworkers of America. C–427–603 ...... 701–TA–270 ...... Brass Sheet and Strip/France ...... Allied Industrial Workers of America. American Brass. Bridgeport Brass. Chase Brass & Copper. Hussey Copper. International Association of Machinists & Aerospace Workers. Mechanics Educational Society of America (Local 56). The Miller Company. Olin. Revere Copper Products. United Steelworkers of America. C–427–805 ...... 701–TA–315 ...... Hot-Rolled Lead and Bismuth Carbon Steel Bethlehem Steel. Products/France. Inland Steel Industries. USS/Kobe Steel. C–427–810 ...... 701–TA–348 ...... Corrosion-Resistant Carbon Steel Flat Prod- Armco Steel. ucts/France. Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. LTV Steel. Lukens Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. C–427–815 ...... 701–TA–380 ...... Stainless Steel Sheet and Strip/France ...... Allegheny Ludlum. Armco Steel. Bethlehem Steel. Butler Armco Independent Union. Carpenter Technology Corp. North American Stainless. United Steelworkers of America. Zanesville Armco Independent Organization. C–427–817 ...... 701–TA–387 ...... Cut-to-Length Carbon Steel Plate/France ...... Bethlehem Steel. Geneva Steel. IPSCO Steel. National Steel. US Steel. United Steelworkers of America. C–427–819 ...... 701–TA–409 ...... Low Enriched Uranium/France ...... United States Enrichment Corp. USEC Inc. C–428–817 ...... 701–TA–340 ...... Cold-Rolled Carbon Steel Flat Products/Ger- Armco Steel. many. Bethlehem Steel. California Steel Industries. Gulf States Steel. Inland Steel Industries. LTV Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Weirton Steel. C–428–817 ...... 701–TA–349 ...... Corrosion-Resistant Carbon Steel Flat Prod- Armco Steel. ucts/Germany. Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. LTV Steel. Lukens Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. C–428–817 ...... 701–TA–322 ...... Cut-to-Length Carbon Steel Plate/Germany .... Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. C–428–829 ...... 701–TA–410 ...... Low Enriched Uranium/Germany ...... United States Enrichment Corp. USEC Inc. C–437–805 ...... 701–TA–426 ...... Sulfanilic Acid/Hungary ...... Nation Ford Chemical. C–469–004 ...... 701–TA–178 ...... Stainless Steel Wire Rod/Spain ...... AL Tech Specialty Steel. Armco Steel. Carpenter Technology. Colt Industries. Cyclops. Guterl Special Steel. Joslyn Stainless Steels. Republic Steel. C–469–804 ...... 701–TA–326 ...... Cut-to-Length Carbon Steel Plate/Spain ...... Bethlehem Steel. California Steel Industries. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. Inland Steel Industries. Lukens Steel. National Steel. Nextech. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. C–475–812 ...... 701–TA–355 ...... Grain-Oriented Silicon Electrical Steel/Italy ..... Allegheny Ludlum. Armco Steel. Butler Armco Independent Union. United Steelworkers of America. Zanesville Armco Independent Union. C–475–815 ...... 701–TA–362 ...... Seamless Pipe/Italy ...... Koppel Steel. Quanex. Timken. United States Steel. C–475–817 ...... 701–TA–364 ...... Oil Country Tubular Goods/Italy ...... IPSCO. Koppel Steel. Lone Star Steel. Maverick Tube. Newport Steel. North Star Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

US Steel. USS/Kobe. C–475–819 ...... 701–TA–365 ...... Pasta/Italy ...... A Zerega’s Sons. American Italian Pasta. Borden. D Merlino & Sons. Dakota Growers Pasta. Foulds. Gilster-Mary Lee. Gooch Foods. Hershey Foods. LaRinascente Macaroni Co. Pasta USA. Philadelphia Macaroni. ST Specialty Foods. C–475–821 ...... 701–TA–373 ...... Stainless Steel Wire Rod/Italy ...... AL Tech Specialty Steel. Carpenter Technology. Republic Engineered Steels. Talley Metals Technology. United Steelworkers of America. C–475–823 ...... 701–TA–377 ...... Stainless Steel Plate in Coils/Italy ...... Allegheny Ludlum. Armco Steel. J&L Specialty Steel. Lukens Steel. North American Stainless. United Steelworkers of America. C–475–825 ...... 701–TA–381 ...... Stainless Steel Sheet and Strip/Italy ...... Allegheny Ludlum. Armco Steel. Bethlehem Steel. Butler Armco Independent Union. Carpenter Technology Corp. J&L Specialty Steel. North American Stainless. United Steelworkers of America. Zanesville Armco Independent Organization. C–475–827 ...... 701–TA–390 ...... Cut-to-Length Carbon Steel Plate/Italy ...... Bethlehem Steel. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. IPSCO Steel. National Steel. US Steel. United Steelworkers of America. C–475–830 ...... 701–TA–413 ...... Stainless Steel Bar/Italy ...... Carpenter Technology. Crucible Specialty Metals. Electralloy. Empire Specialty Steel. Republic Technologies International. Slater Steels. United Steelworkers of America. C–489–502 ...... 701–TA–253 ...... Welded Carbon Steel Pipe and Tube/Turkey .. Allied Tube & Conduit. American Tube. Bernard Epps. Bock Industries. Bull Moose Tube. Central Steel Tube. Century Tube. Copperweld Tubing. Cyclops. Hughes Steel & Tube. Kaiser Steel. Laclede Steel. Maruichi American. Maverick Tube. Merchant Metals. Phoenix Steel. Pittsburgh Tube. Quanex. Sharon Tube. Southwestern Pipe. UNR-Leavitt. Welded Tube.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Western Tube & Conduit. Wheatland Tube. C–489–806 ...... 701–TA–366 ...... Pasta/Turkey ...... A Zerega’s Sons. American Italian Pasta. Borden. D Merlino & Sons. Dakota Growers Pasta. Foulds. Gilster-Mary Lee. Gooch Foods. Hershey Foods. LaRinascente Macaroni Co. Pasta USA. Philadelphia Macaroni. ST Specialty Foods. C–507–501 ...... N/A ...... Raw In-Shell Pistachios/Iran ...... Blackwell Land Co. Cal Pure Pistachios Inc. California Pistachio Commission. California Pistachio Orchards. Keenan Farms Inc. Kern Pistachio Hulling & Drying Co-Op. Los Rancheros de Poco Pedro. Pistachio Producers of California. TM Duche Nut Co Inc. C–507–601 ...... N/A ...... Roasted In-Shell Pistachios/Iran ...... Cal Pure Pistachios Inc. California Pistachio Commission. Keenan Farms Inc. Kern Pistachio Hulling & Drying Co-Op. Pistachio Producers of California. TM Duche Nut Co Inc. C–508–605 ...... 701–TA–286 ...... Industrial Phosphoric Acid/Israel ...... Albright & Wilson. FMC. Hydrite Chemical. Monsanto. Stauffer Chemical. C–533–063 ...... 303–TA–13 ...... Iron Metal Castings/India ...... Campbell Foundry. Le Baron Foundry. Municipal Castings. Neenah Foundry. Pinkerton Foundry. US Foundry & Manufacturing. Vulcan Foundry. C–533–807 ...... 701–TA–318 ...... Sulfanilic Acid/India ...... R–M Industries. C–533–818 ...... 701–TA–388 ...... Cut-to-Length Carbon Steel Plate/India ...... Bethlehem Steel. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. IPSCO Steel. National Steel. Tuscaloosa Steel. US Steel. United Steelworkers of America. C–533–821 ...... 701–TA–405 ...... Hot-Rolled Steel Products/India ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. C–533–825 ...... 701–TA–415 ...... Polyethylene Terephthalate Film, Sheet and DuPont Teijin Films. Strip (PET Film)/India. Mitsubishi Polyester Film LLC. SKC America Inc. Toray Plastics (America). C–533–829 ...... 701–TA–432 ...... Prestressed Concrete Steel Wire Strand/India American Spring Wire Corp. Insteel Wire Products Co.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Sivaco Georgia LLC. Strand Tech Martin Inc. Sumiden Wire Products Corp. C–533–839 ...... 701–TA–437 ...... Carbazole Violet Pigment 23/India ...... Allegheny Color Corp. Barker Fine Color Inc. Clariant Corp. Nation Ford Chemical Co. Sun Chemical Co. C–533–844 ...... 701–TA–442 ...... Certain Lined Paper School Supplies/India ..... Fay Paper Products Inc. MeadWestvaco Consumer & Office Products. Norcom Inc. Pacon Corp. Roaring Spring Blank Book Co. Top Flight Inc. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL– CIO–CLC (USW). C–535–001 ...... 701–TA–202 ...... Cotton Shop Towels/Pakistan ...... Milliken. C–549–818 ...... 701–TA–408 ...... Hot-Rolled Steel Products/Thailand ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. C–560–806 ...... 701–TA–389 ...... Cut-to-Length Carbon Steel Plate/Indonesia ... Bethlehem Steel. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. IPSCO Steel. National Steel. Tuscaloosa Steel. US Steel. United Steelworkers of America. C–560–813 ...... 701–TA–406 ...... Hot-Rolled Steel Products/Indonesia ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers. IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. C–560–819 ...... 701–TA–443 ...... Certain Lined Paper School Supplies/Indo- Fay Paper Products Inc. nesia. MeadWestvaco Consumer & Office Products. Norcom Inc. Pacon Corp. Roaring Spring Blank Book Co. Top Flight Inc. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL– CIO–CLC (USW). C–580–602 ...... 701–TA–267 ...... Top-of-the-Stove Stainless Steel Cooking Farberware. Ware/Korea. Regal Ware. Revere Copper & Brass. WearEver/Proctor Silex. C–580–818 ...... 701–TA–342 ...... Cold-Rolled Carbon Steel Flat Products/Korea Armco Steel. Bethlehem Steel.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

California Steel Industries. Gulf States Steel. Inland Steel Industries. LTV Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. C–580–818 ...... 701–TA–350 ...... Corrosion-Resistant Carbon Steel Flat Prod- Armco Steel. ucts/Korea. Bethlehem Steel. California Steel Industries. Geneva Steel. Gulf States Steel. Inland Steel Industries. LTV Steel. Lukens Steel. National Steel. Nextech. Rouge Steel Co. Sharon Steel. Theis Precision Steel. Thompson Steel. US Steel. United Steelworkers of America. WCI Steel. Weirton Steel. C–580–835 ...... 701–TA–382 ...... Stainless Steel Sheet and Strip/Korea ...... Allegheny Ludlum. Armco Steel. Bethlehem Steel. Butler Armco Independent Union. Carpenter Technology Corp. J&L Specialty Steel. North American Stainless. United Steelworkers of America. Zanesville Armco Independent Organization. C–580–837 ...... 701–TA–391 ...... Cut-to-Length Carbon Steel Plate/Korea ...... Bethlehem Steel. CitiSteel USA Inc. Geneva Steel. Gulf States Steel. IPSCO Steel. National Steel. Tuscaloosa Steel. US Steel. United Steelworkers of America. C–580–842 ...... 701–TA–401 ...... Structural Steel Beams/Korea ...... Northwestern Steel and Wire. Nucor. Nucor-Yamato Steel. TXI-Chaparral Steel. United Steelworkers of America. C–580–851 ...... 701–TA–431 ...... DRAMs and DRAM Modules/Korea ...... Dominion Semiconductor LLC/Micron Tech- nology Inc. Infineon Technologies Richmond LP. Micron Technology Inc. C–583–604 ...... 701–TA–268 ...... Top-of-the-Stove Stainless Steel Cooking Farberware. Ware/Taiwan. Regal Ware. Revere Copper & Brass. WearEver/Proctor Silex. C–791–806 ...... 701–TA–379 ...... Stainless Steel Plate in Coils/South Africa ...... Allegheny Ludlum. Armco Steel. J&L Specialty Steel. Lukens Steel. North American Stainless. United Steelworkers of America. C–791–810 ...... 701–TA–407 ...... Hot-Rolled Steel Products/South Africa ...... Bethlehem Steel. Gallatin Steel. Independent Steelworkers.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

IPSCO. LTV Steel. National Steel. Nucor. Rouge Steel Co. Steel Dynamics. US Steel. United Steelworkers of America. WCI Steel Inc. Weirton Steel. Wheeling-Pittsburgh Steel Corp. A–331–802 ...... 731–TA–1065 ...... Certain Frozen Warmwater Shrimp and Prawns/Ecuador. A–351–838 ...... 731–TA–1063 ...... Certain Frozen Warmwater Shrimp and Prawns/Brazil. A–533–840 ...... 731–TA–1066 ...... Certain Frozen Warmwater Shrimp and Prawns/India. A–549–822 ...... 731–TA–1067 ...... Certain Frozen Warmwater Shrimp and Prawns/Thailand. A–552–802 ...... 731–TA–1068 ...... Certain Frozen Warmwater Shrimp and Prawns/Vietnam. A–570–893 ...... 731–TA–1064 ...... Certain Frozen Warmwater Shrimp and Prawns/China. Petitioners/Supporters for all six cases listed: Abadie, Al J. Abadie, Anthony. Abner, Charles. Abraham, Steven. Abshire, Gabriel J. Ackerman, Dale J. Acosta, Darryl L. Acosta, Jerry J Sr. Acosta, Leonard C. Acosta, Wilson Pula Sr. Adam, Denise T. Adam, Michael A. Adam, Richard B Jr. Adam, Sherry P. Adam, William E. Adam, Alcide J Jr. Adams, Dudley. Adams, Elizabeth L. Adams, Ervin. Adams, Ervin. Adams, George E. Adams, Hursy J. Adams, James Arthur. Adams, Kelly. Adams, Lawrence J Jr. Adams, Randy. Adams, Ritchie. Adams, Steven A. Adams, Ted J. Adams, Tim. Adams, Whitney P Jr. Agoff, Ralph J. Aguilar, Rikardo. Aguillard, Roddy G. Alario, Don Ray. Alario, Nat. Alario, Pete J. Alario, Timmy. Albert, Craig J. Albert, Junior J. Alexander, Everett O. Alexander, Robert F Jr. Alexie, Benny J. Alexie, Corkey A. Alexie, Dolphy. Alexie, Felix Jr. Alexie, Gwendolyn. Alexie, John J.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Alexie, John V. Alexie, Larry J Sr. Alexie, Larry Jr. Alexie, Vincent L Jr. Alexis, Barry S. Alexis, Craig W. Alexis, Micheal. Alexis, Monique. Alfonso, Anthony E Jr. Alfonso, Jesse. Alfonso, Nicholas. Alfonso, Paul Anthony. Alfonso, Randy. Alfonso, Terry S Jr. Alfonso, Vernon Jr. Alfonso, Yvette. Alimia, Angelo A Jr. Allemand, Dean J. Allen, Annie. Allen, Carolyn Sue. Allen, Jackie. Allen, Robin. Allen, Wayne. Allen, Wilbur L. Allen, Willie J III. Allen, Willie Sr. Alphonso, John. Ancalade, Leo J. Ancar, Claudene. Ancar, Jerry T. Ancar, Joe C. Ancar, Merlin Sr. Ancar, William Sr. Ancelet, Gerald Ray. Anderson, Andrew David. Anderson, Ernest W. Anderson, Jerry. Anderson, John. Anderson, Lynwood. Anderson, Melinda Rene. Anderson, Michael Brian. Anderson, Ronald L Sr. Anderson, Ronald Louis Jr. Andonie, Miguel. Andrews, Anthony R. Andry, Janice M. Andry, Rondey S. Angelle, Louis. Anglada, Eugene Sr. Ansardi, Lester. Anselmi, Darren. Aparicio, Alfred. Aparicio, David. Aparicio, Ernest. Arabie, Georgia P. Arabie, Joseph. Arcement, Craig J. Arcement, Lester C. Arcemont, Donald Sr. Arceneaux, Matthew J. Arceneaux, Michael K. Areas, Christopher J. Armbruster, John III. Armbruster, Paula D. Armstrong, Jude Jr. Arnesen, George. Arnold, Lonnie L Jr. Arnona, Joseph T. Arnondin, Robert. Arthur, Brenda J. Assavedo, Floyd. Atwood, Gregory Kenneth.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Au, Chow D. Au, Robert. Aucoin, Dewey F. Aucoin, Earl. Aucoin, Laine A. Aucoin, Perry J. Austin, Dennis. Austin, Dennis J. Authement, Brice. Authement, Craig L. Authement, Dion J. Authement, Gordon. Authement, Lance M. Authement, Larry. Authement, Larry Sr. Authement, Roger J. Authement, Sterling P. Autin, Bobby. Autin, Bruce J. Autin, Kenneth D. Autin, Marvin J. Autin, Paul F Jr. Autin, Roy. Avenel, Albert J Jr. Ba Wells, Tran Thi. Babb, Conny. Babin, Brad. Babin, Joey L. Babin, Klint. Babin, Molly. Babin, Norman J. Babineaux, Kirby. Babineaux, Vicki. Bach, Ke Van. Bach, Reo Long. Backman, Benny. Badeaux, Todd. Baham, Dewayne. Bailey, Albert. Bailey, Antoine III. Bailey, David B Sr. Bailey, Don. Baker, Clarence. Baker, Donald Earl. Baker, James. Baker, Kenneth. Baker, Ronald J. Balderas, Antonio. Baldwin, Richard Prentiss. Ballard, Albert. Ballas, Barbara A. Ballas, Charles J. Baltz, John F. Ban, John. Bang, Bruce K. Barbaree, Joe W. Barbe, Mark A and Cindy. Barber, Louie W Jr. Barber, Louie W Sr. Barbier, Percy T. Barbour, Raymond A. Bargainear, James E. Barisich, George A. Barisich, Joseph J. Barnette, Earl. Barnhill, Nathan. Barrios, Clarence. Barrios, Corbert J. Barrios, Corbert M. Barrios, David. Barrios, John. Barrios, Shane James.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Barrois, Angela Gail. Barrois, Dana A. Barrois, Tracy James. Barrois, Wendell Jude Jr. Barthe, Keith Sr. Barthelemy, Allen M. Barthelemy, John A. Barthelemy, Rene T Sr. Barthelemy, Walter A Jr. Bartholomew, Mitchell. Bartholomew, Neil W. Bartholomew, Thomas E. Bartholomew, Wanda C. Basse, Donald J Sr. Bates, Mark. Bates, Ted Jr. Bates, Vernon Jr. Battle, Louis. Baudoin, Drake J. Baudoin, Murphy A. Baudouin, Stephen. Bauer, Gary. Baye, Glen P. Bean, Charles A. Beazley, William E. Becnel, Glenn J. Becnel, Kent. Beecher, Carold F. Beechler, Ronald. Bell, James E. Bell, Ronald A. Bellanger, Arnold. Bellanger, Clifton. Bellanger, Scott J. Belsome, Derrell M. Belsome, Karl M. Bennett, Cecil A Jr. Bennett, Gary Lynn. Bennett, Irin Jr. Bennett, James W Jr. Bennett, Louis. Benoit, Francis J. Benoit, Nicholas L. Benoit, Paula T. Benoit, Tenna J Jr. Benton, Walter T. Berger, Ray W. Bergeron, Alfred Scott. Bergeron, Jeff. Bergeron, Nolan A. Bergeron, Ulysses J. Bernard, Lamont L. Berner, Mark J. Berthelot, Gerard J Sr. Berthelot, James A. Berthelot, Myron J. Bertrand, Jerl C. Beverung, Keith J. Bianchini, Raymond W. Bickham, Leo E. Bienvenu, Charles. Biggs, Jerry W Sr. Bigler, Delbert. Billington, Richard. Billiot, Alfredia. Billiot, Arthur. Billiot, Aubrey. Billiot, Barell J. Billiot, Betty. Billiot, Bobby J. Billiot, Brian K. Billiot, Cassidy.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Billiot, Charles Sr. Billiot, Chris J Sr. Billiot, E J E. Billiot, Earl W Sr. Billiot, Ecton L. Billiot, Emary. Billiot, Forest Jr. Billiot, Gerald. Billiot, Harold J. Billiot, Jacco A. Billiot, Jake A. Billiot, James Jr. Billiot, Joseph S Jr. Billiot, Laurence V. Billiot, Leonard F Jr. Billiot, Lisa. Billiot, Mary L. Billiot, Paul J Sr. Billiot, Shirley L. Billiot, Steve M. Billiot, Thomas Adam. Billiot, Thomas Sr. Billiot, Wenceslaus Jr. Billiott, Alexander J. Biron, Yale. Black, William C. Blackston, Larry E. Blackwell, Wade H III. Blackwell, Wade H Jr. Blanchard, Albert. Blanchard, Andrew J. Blanchard, Billy J. Blanchard, Cyrus. Blanchard, Daniel A. Blanchard, Dean. Blanchard, Douglas Jr. Blanchard, Dwayne. Blanchard, Elgin. Blanchard, Gilbert. Blanchard, Jade. Blanchard, James. Blanchard, John F Jr. Blanchard, Katie. Blanchard, Kelly. Blanchard, Matt Joseph. Blanchard, Michael. Blanchard, Quentin Timothy. Blanchard, Roger Sr. Blanchard, Walton H Jr. Bland, Quyen T. Blouin, Roy A. Blume, Jack Jr. Bodden, Arturo. Bodden, Jasper. Bollinger, Donald E. Bolotte, Darren W. Bolton, Larry F. Bondi, Paul J. Bonvillain, Jimmy J. Bonvillian, Donna M. Boone, Clifton Felix. Boone, Donald F II. Boone, Donald F III (Ricky). Boone, Gregory T. Boquet, Noriss P Jr. Boquet, Wilfred Jr. Bordelon, Glenn Sr. Bordelon, James P. Bordelon, Shelby P. Borden, Benny. Borne, Crystal. Borne, Dina L.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Borne, Edward Joseph Jr. Borne, Edward Sr. Bosarge, Hubert Lawrence. Bosarge, Robert. Bosarge, Sandra. Bosarge, Steve. Boudlauch, Durel A Jr. Boudoin, Larry Terrell. Boudoin, Nathan. Boudreaux, Brent J. Boudreaux, Elvin J III. Boudreaux, James C Jr. Boudreaux, James N. Boudreaux, Jessie. Boudreaux, Leroy A. Boudreaux, Mark. Boudreaux, Paul Sr. Boudreaux, Richard D. Boudreaux, Ronald Sr. Boudreaux, Sally. Boudreaux, Veronica. Boudwin, Dwayne. Boudwin, Jewel James Sr. Boudwin, Wayne. Bouise, Norman. Boulet, Irwin J Jr. Boullion, Debra. Bourg, Allen T. Bourg, Benny. Bourg, Chad J. Bourg, Channon. Bourg, Chris. Bourg, Douglas. Bourg, Glenn A. Bourg, Jearmie Sr. Bourg, Kent A. Bourg, Mark. Bourg, Nolan P. Bourg, Ricky J. Bourgeois, Albert P. Bourgeois, Brian J Jr. Bourgeois, Daniel. Bourgeois, Dwayne. Bourgeois, Jake. Bourgeois, Johnny M. Bourgeois, Johnny M Jr. Bourgeois, Leon A. Bourgeois, Louis A. Bourgeois, Merrie E. Bourgeois, Randy P. Bourgeois, Reed. Bourgeois, Webley. Bourn, Chris. Bourque, Murphy Paul. Bourque, Ray. Bousegard, Duvic Jr. Boutte, Manuel J Jr. Bouvier, Colbert A II. Bouzigard, Dale J. Bouzigard, Edgar J III. Bouzigard, Eeris. Bowers, Harold. Bowers, Tommy. Boyd, David E Sr. Boyd, Elbert. Boykin, Darren L. Boykin, Thomas Carol. Bradley, James. Brady, Brian. Brandhurst, Kay. Brandhurst, Ray E Sr. Brandhurst, Raymond J.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Braneff, David G. Brannan, William P. Branom, Donald James Jr. Braud, James M. Brazan, Frank J. Breaud, Irvin F Jr. Breaux, Barbara. Breaux, Brian J. Breaux, Charlie M. Breaux, Clifford. Breaux, Colin E. Breaux, Daniel Jr. Breaux, Larry J. Breaux, Robert J Jr. Breaux, Shelby. Briscoe, Robert F Jr. Britsch, L D Jr. Broussard, Dwayne E. Broussard, Eric. Broussard, Keith. Broussard, Larry. Broussard, Mark A. Broussard, Roger David. Broussard, Roger R. Broussard, Steve P. Brown, Cindy B. Brown, Colleen. Brown, Donald G. Brown, John W. Brown, Paul R. Brown, Ricky. Brown, Toby H. Bruce, Adam J. Bruce, Adam J Jr. Bruce, Bob R. Bruce, Daniel M Sr. Bruce, Eli T Sr. Bruce, Emelda L. Bruce, Gary J Sr. Bruce, James P. Bruce, Lester J Jr. Bruce, Margie L. Bruce, Mary P. Bruce, Nathan. Bruce, Robert. Bruce, Russell. Brudnock, Peter Sr. Brunet, Elton J. Brunet, Joseph A. Brunet, Joseph A. Brunet, Levy J Jr. Brunet, Raymond Sr. Bryan, David N. Bryant, Ina Fay V. Bryant, Jack D Sr. Bryant, James Larry. Buford, Ernest. Bui, Ben. Bui, Dich. Bui, Dung Thi. Bui, Huong T. Bui, Ngan. Bui, Nhuan. Bui, Nuoi Van. Bui, Tai. Bui, Tieu. Bui, Tommy. Bui, Xuan and De Nguyen. Bui, Xuanmai. Bull, Delbert E. Bundy, Belvina (Kenneth). Bundy, Kenneth Sr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Bundy, Nicky. Bundy, Ronald J. Bundy, Ronnie J. Buquet, John Jr. Buras, Clayton M. Buras, Leander. Buras, Robert M Jr. Buras, Waylon J. Burlett, Elliott C. Burlett, John C Jr. Burnell, Charles B. Burnell, Charles R. Burnham, Deanna Lea. Burns, Stuart E. Burroughs, Lindsey Hilton Jr. Burton, Ronnie. Busby, Hardy E. Busby, Tex H. Busch, RC. Bush, Robert A. Bussey, Tyler. Butcher, Dorothy. Butcher, Rocky J. Butler, Albert A. Butler, Aline M. Bychurch, Johnny. Bychurch, Johnny Jr. Cabanilla, Alex. Caboz, Jose Santos. Cacioppo, Anthony Jr. Caddell, David. Cadiere, Mae Quick. Cadiere, Ronald J. Cahill, Jack. Caillouet, Stanford Jr. Caison, Jerry Lane Jr. Calcagno, Stephen Paul Sr. Calderone, John S. Callahan, Gene P Sr. Callahan, Michael J. Callahan, Russell. Callais, Ann. Callais, Franklin D. Callais, Gary D. Callais, Michael. Callais, Michael. Callais, Sandy. Callais, Terrence. Camardelle, Anna M. Camardelle, Chris J. Camardelle, David. Camardelle, Edward J III. Camardelle, Edward J Jr. Camardelle, Harris A. Camardelle, Knowles. Camardelle, Noel T. Camardelle, Tilman J. Caminita, John A III. Campo, Donald Paul. Campo, Kevin. Campo, Nicholas J. Campo, Roy. Campo, Roy Sr. Camus, Ernest M Jr. Canova, Carl. Cantrelle, Alvin. Cantrelle, Eugene J. Cantrelle, Otis A Sr. Cantrelle, Otis Jr (Buddy). Cantrelle, Philip A. Cantrelle, Tate Joseph. Canty, Robert Jamies.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Cao, Anna. Cao, Billy. Cao, Billy Viet. Cao, Binh Quang. Cao, Chau. Cao, Dan Dien. Cao, Dung Van. Cao, Gio Van. Cao, Heip A. Cao, Linh Huyen. Cao, Nghia Thi. Cao, Nhieu V. Cao, Si-Van. Cao, Thanh Kim. Cao, Tuong Van. Carinhas, Jack G Jr. Carl, Joseph Allen. Carlos, Gregory. Carlos, Irvin. Carmadelle, David J. Carmadelle, Larry G. Carmadelle, Rudy J. Carrere, Anthony T Jr. Carrier, Larry J. Caruso, Michael. Casanova, David W Sr. Cassagne, Alphonse G III. Cassagne, Alphonse G IV. Cassidy, Mark. Casso, Joseph. Castelin, Gilbert. Castelin, Sharon. Castellanos, Raul L. Castelluccio, John A Jr. Castille, Joshua. Caulfield, Adolph Jr. Caulfield, Hope. Caulfield, James M Jr. Caulfield, Jean. Cepriano, Salvador. Cerdes, Julius W Jr. Cerise, Marla. Chabert, John. Chaisson, Dean J. Chaisson, Henry. Chaisson, Vincent A. Chaix, Thomas B III. Champagne, Brian. Champagne, Harold P. Champagne, Kenton. Champagne, Leon J. Champagne, Leroy A. Champagne, Lori. Champagne, Timmy D. Champagne, Willard. Champlin, Kim J. Chance, Jason R. Chancey, Jeff. Chapa, Arturo. Chaplin Robert G Sr. Chaplin, Saxby Stowe. Charles, Christopher. Charpentier, Allen J. Charpentier, Alvin J. Charpentier, Daniel J. Charpentier, Lawrence. Charpentier, Linton. Charpentier, Melanie. Charpentier, Murphy Jr. Charpentier, Robert J. Chartier, Michelle. Chau, Minh Huu.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Chauvin, Anthony. Chauvin, Anthony P Jr. Chauvin, Carey M. Chauvin, David James. Chauvin, James E. Chauvin, Kimberly Kay. Cheeks, Alton Bruce. Cheers, Elwood. Chenier, Ricky. Cheramie, Alan. Cheramie, Alan J Jr. Cheramie, Alton J. Cheramie, Berwick Jr. Cheramie, Berwick Sr. Cheramie, Daniel James Sr. Cheramie, Danny. Cheramie, David J. Cheramie, David P. Cheramie, Dickey J. Cheramie, Donald. Cheramie, Enola. Cheramie, Flint. Cheramie, Harold L. Cheramie, Harry J Sr. Cheramie, Harry Jr. Cheramie, Harvey Jr. Cheramie, Harvey Sr. Cheramie, Henry J Sr. Cheramie, James A. Cheramie, James P. Cheramie, Jody P. Cheramie, Joey J. Cheramie, Johnny. Cheramie, Joseph A. Cheramie, Lee Allen. Cheramie, Linton J. Cheramie, Mark A. Cheramie, Murphy J. Cheramie, Nathan A Sr. Cheramie, Neddy P. Cheramie, Nicky J. Cheramie, Ojess M. Cheramie, Paris P. Cheramie, Robbie. Cheramie, Rodney E Jr. Cheramie, Ronald. Cheramie, Roy. Cheramie, Roy A. Cheramie, Sally K. Cheramie, Terry J. Cheramie, Terry Jr. Cheramie, Timmy. Cheramie, Tina. Cheramie, Todd M. Cheramie, Tommy. Cheramie, Wayne A. Cheramie, Wayne A Jr. Cheramie, Wayne F Sr. Cheramie, Wayne J. Cheramie, Webb Jr. Chevalier, Mitch. Chew, Thomas J. Chhun, Samantha. Chiasson, Jody J. Chiasson, Manton P Jr. Chiasson, Michael P. Childress, Gordon. Chisholm, Arthur. Chisholm, Henry Jr. Christen, David Jr. Christen, Vernon. Christmas, John T Jr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Chung, Long V. Ciaccio, Vance. Cibilic, Bozidar. Cieutat, John. Cisneros, Albino. Ciuffi, Michael L. Clark, James M. Clark, Jennings. Clark, Mark A. Clark, Ricky L. Cobb, Michael A. Cochran, Jimmy. Coleman, Ernest. Coleman, Freddie Jr. Colletti, Rodney A. Collier, Ervin J. Collier, Wade. Collins, Bernard J. Collins, Bruce J Jr. Collins, Donald. Collins, Earline. Collins, Eddie F Jr. Collins, Jack. Collins, Jack. Collins, Julius. Collins, Lawson Bruce Sr. Collins, Lindy S Jr. Collins, Logan A Jr. Collins, Robert. Collins, Timmy P. Collins, Vendon Jr. Collins, Wilbert Jr. Collins, Woodrow. Colson, Chris and Michelle. Comardelle, Michael J. Comeaux, Allen J. Compeaux, Curtis J. Compeaux, Gary P. Compeaux, Harris. Cone, Jody. Contreras, Mario. Cook, Edwin A Jr. Cook, Edwin A Sr. Cook, Joshua. Cook, Larry R Sr. Cook, Scott. Cook, Theodore D. Cooksey, Ernest Neal. Cooper, Acy J III. Cooper, Acy J Jr. Cooper, Acy Sr. Cooper, Christopher W. Cooper, Jon C. Cooper, Marla F. Cooper, Vincent J. Copeman, John R. Corley, Ronald E. Cornett, Eddie. Cornwall, Roger. Cortez, Brenda M. Cortez, Cathy. Cortez, Curtis. Cortez, Daniel P. Cortez, Edgar. Cortez, Keith J. Cortez, Leslie J. Cosse, Robert K. Coston, Clayton. Cotsovolos, John Gordon. Coulon, Allen J Jr. Coulon, Allen J Sr. Coulon, Amy M.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Coulon, Cleveland F. Coulon, Darrin M. Coulon, Don. Coulon, Earline N. Coulon, Ellis Jr. Coursey, John W. Courville, Ronnie P. Cover, Darryl L. Cowdrey, Michael Dudley. Cowdrey, Michael Nelson. Crain, Michael T. Crawford, Bryan D. Crawford, Steven J. Creamer, Quention. Credeur, Todd A Sr. Credeur, Tony J. Creppel, Carlton. Creppel, Catherine. Creppel, Craig Anthony. Creppel, Freddy. Creppel, Isadore Jr. Creppel, Julinne G III. Creppel, Kenneth. Creppel, Kenneth. Creppel, Nathan J Jr. Creppell, Michel P. Cristina, Charles J. Crochet, Sterling James. Crochet, Tony J. Crosby, Benjy J. Crosby, Darlene. Crosby, Leonard W Jr. Crosby, Ted J. Crosby, Thomas. Crum, Lonnie. Crum, Tommy Lloyd. Cruz, Jesus. Cubbage, Melinda T. Cuccia, Anthony J. Cuccia, Anthony J Jr. Cuccia, Kevin. Cumbie, Bryan E. Cure, Mike. Curole, Keith J. Curole, Kevin P. Curole, Margaret B. Curole, Willie P Jr. Cutrer, Jason C. Cvitanovich, T. Daigle, Alfred. Daigle, Cleve and Nona. Daigle, David John. Daigle, EJ. Daigle, Glenn. Daigle, Jamie J. Daigle, Jason. Daigle, Kirk. Daigle, Leonard P. Daigle, Lloyd. Daigle, Louis J. Daigle, Melanie. Daigle, Michael J. Daigle, Michael Wayne and JoAnn. Daisy, Jeff. Dale, Cleveland L. Dang, Ba. Dang, Dap. Dang, David. Dang, Duong. Dang, Khang. Dang, Khang and Tam Phan. Dang, Loan Thi.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Dang, Minh. Dang, Minh Van. Dang, Son. Dang, Tao Kevin. Dang, Thang Duc. Dang, Thien Van. Dang, Thuong. Dang, Thuy. Dang, Van D. Daniels, David. Daniels, Henry. Daniels, Leslie. Danos, Albert Sr. Danos, James A. Danos, Jared. Danos, Oliver J. Danos, Ricky P. Danos, Rodney. Danos, Timothy A. d’Antignac, Debi. d’Antignac, Jack. Dantin, Archie A. Dantin, Mark S Sr. Dantin, Stephen Jr. Dao, Paul. Dao, Vang. Dao-Nguyen, Chrysti. Darda, Albert L Jr. Darda, Gertrude. Darda, Herbert. Darda, J C. Darda, Jeremy. Darda, Tammy. Darda, Trudy. Dardar, Alvin. Dardar, Basile J. Dardar, Basile Sr. Dardar, Cindy. Dardar, David. Dardar, Donald S. Dardar, Edison J Sr. Dardar, Gayle Picou. Dardar, Gilbert B. Dardar, Gilbert Sr. Dardar, Isadore J Jr. Dardar, Jacqueline. Dardar, Jonathan M. Dardar, Lanny. Dardar, Larry J. Dardar, Many. Dardar, Neal A. Dardar, Norbert. Dardar, Patti V. Dardar, Percy B Sr. Dardar, Rose. Dardar, Rusty J. Dardar, Samuel. Dardar, Summersgill. Dardar, Terry P. Dardar, Toney M Jr. Dardar, Toney Sr. Dargis, Stephen M. Dassau, Louis. David, Philip J Jr. Davis, Cliff. Davis, Daniel A. Davis, Danny A. Davis, James. Davis, John W. Davis, Joseph D. Davis, Michael Steven. Davis, Ronald B.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Davis, William T Jr. Davis, William Theron. Dawson, JT. de la Cruz, Avery T. Dean, Ilene L. Dean, John N. Dean, Stephen. DeBarge, Brian K. DeBarge, Sherry. DeBarge, Thomas W. Decoursey, John. Dedon, Walter. Deere, Daryl. Deere, David E. Deere, Dennis H. Defelice, Robin. Defelice, Tracie L. DeHart, Ashton J Sr. Dehart, Bernard J. Dehart, Blair. Dehart, Clevis. Dehart, Clevis Jr. DeHart, Curtis P Sr. Dehart, Eura Sr. Dehart, Ferrell John. Dehart, Leonard M. DeHart, Troy. DeJean, Chris N Jr. DeJean, Chris N Sr. Dekemel, Bonnie D. Dekemel, Wm J Jr. Delande, Paul. Delande, Ten Chie. Delatte, Michael J Sr. Delaune, Kip M. Delaune, Thomas J. Delaune, Todd J. Delcambre, Carroll A. Delgado, Jesse. Delino, Carlton. Delino, Lorene. Deloach, Stephen W Jr. DeMoll, Herman J Jr. DeMoll, Herman J Sr. DeMoll, James C Jr. DeMoll, Ralph. DeMoll, Robert C. DeMoll, Terry R. DeMolle, Freddy. DeMolle, Otis. Dennis, Fred. Denty, Steve. Deroche, Barbara H. Derouen, Caghe. Deshotel, Rodney. DeSilvey, David. Despaux, Byron J. Despaux, Byron J Jr. Despaux, Glen A. Despaux, Ken. Despaux, Kerry. Despaux, Suzanna. Detillier, David E. DeVaney, Bobby C Jr. Dickey, Wesley Frank. Diep, Vu. Dinger, Anita. Dinger, Corbert Sr. Dinger, Eric. Dingler, Mark H. Dinh, Chau Thanh. Dinh, Khai Duc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Dinh, Lien. Dinh, Toan. Dinh, Vincent. Dion, Ernest. Dion, Paul A. Dion, Thomas Autry. Disalvo, Paul A. Dismuke, Robert E Sr. Ditcharo, Dominick III. Dixon, David. Do, Cuong V. Do, Dan C. Do, Dung V. Do, Hai Van. Do, Hieu. Do, Hung V. Do, Hung V. Do, Johnny. Do, Kiet Van. Do, Ky Hong. Do, Ky Quoc. Do, Lam. Do, Liet Van. Do, Luong Van. Do, Minh Van. Do, Nghiep Van. Do, Ta. Do, Ta Phon. Do, Than Viet. Do, Thanh V. Do, Theo Van. Do, Thien Van. Do, Tinh A. Do, Tri. Do, Vi V. Doan, Anh Thi. Doan, Joseph. Doan, Mai. Doan, Minh. Doan, Ngoc. Doan, Tran Van. Domangue, Darryl. Domangue, Emile. Domangue, Mary. Domangue, Michael. Domangue, Paul. Domangue, Ranzell Sr. Domangue, Stephen. Domangue, Westley. Domingo, Carolyn. Dominique, Amy R. Dominque, Gerald R. Donini, Ernest N. Donnelly, David C. Donohue, Holly M. Dooley, Denise F. Dopson, Craig B. Dore, Presley J. Dore, Preston J Jr. Dorr, Janthan C Jr. Doucet, Paul J Sr. Downey, Colleen. Doxey, Robert Lee Sr. Doxey, Ruben A. Doxey, William L. Doyle, John T. Drawdy, John Joseph. Drury, Bruce W Jr. Drury, Bruce W Sr. Drury, Bryant J. Drury, Eric S. Drury, Helen M.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Drury, Jeff III. Drury, Kevin. Drury, Kevin S Sr. Drury, Steve R. Drury, Steven J. Dubberly, James F. Dubberly, James Michael. Dubberly, James Michael Jr. Dubberly, John J. Dubois, Euris A. Dubois, John D Jr. Dubois, Lonnie J. Duck, Kermit Paul. Dudenhefer, Anthony. Dudenhefer, Connie S. Dudenhefer, Eugene A. Dudenhefer, Milton J Jr. Duet, Brad J. Duet, Darrel A. Duet, Guy J. Duet, Jace J. Duet, Jay. Duet, John P. Duet, Larson. Duet, Ramie. Duet, Raymond J. Duet, Tammy B. Duet, Tyrone. Dufrene, Archie. Dufrene, Charles. Dufrene, Curt F. Dufrene, Elson A. Dufrene, Eric F. Dufrene, Eric F Jr. Dufrene, Eric John. Dufrene, Golden J. Dufrene, Jeremy M. Dufrene, Juliette B. Dufrene, Leroy J. Dufrene, Milton J. Dufrene, Ronald A Jr. Dufrene, Ronald A Sr. Dufrene, Scottie M. Dufrene, Toby. Dugar, Edward A II. Dugas, Donald John. Dugas, Henri J IV. Duhe, Greta. Duhe, Robert. Duhon, Charles. Duhon, Douglas P. Duncan, Faye E. Duncan, Gary. Duncan, Loyde C. Dunn, Bob. Duong, Billy. Duong, Chamroeun. Duong, EM. Duong, Ho Tan Phi. Duong, Kong. Duong, Mau. Duplantis, Blair P. Duplantis, David. Duplantis, Frankie J. Duplantis, Maria. Duplantis, Teddy W. Duplantis, Wedgir J Jr. Duplessis, Anthony James Sr. Duplessis, Bonnie S. Duplessis, Clarence R. Dupre, Brandon P. Dupre, Cecile.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Dupre, David A. Dupre, Davis J Jr. Dupre, Easton J. Dupre, Jimmie Sr. Dupre, Linward P. Dupre, Mary L. Dupre, Michael J. Dupre, Michael J Jr. Dupre, Randall P. Dupre, Richard A. Dupre, Rudy P. Dupre, Ryan A. Dupre, Tony J. Dupre, Troy A. Dupree, Bryan. Dupree, Derrick. Dupree, Malcolm J Sr. Dupuis, Clayton J. Durand, Walter Y. Dusang, Melvin A. Duval, Denval H Sr. Duval, Wayne. Dyer, Nadine D. Dyer, Tony. Dykes, Bert L. Dyson, Adley L Jr. Dyson, Adley L Sr. Dyson, Amy. Dyson, Casandra. Dyson, Clarence III. Dyson, Jimmy Jr. Dyson, Jimmy L Sr. Dyson, Kathleen. Dyson, Maricela. Dyson, Phillip II. Dyson, Phillip Sr. Dyson, William. Eckerd, Bill. Edens, Angela Blake. Edens, Donnie. Edens, Jeremy Donald. Edens, Nancy M. Edens, Steven L. Edens, Timothy Dale. Edgar, Daniel. Edgar, Joey. Edgerson, Roosevelt. Edwards,Tommy W III. Ellerbee, Jody Duane. Ellison, David Jr. Encalade, Alfred Jr. Encalade, Anthony T. Encalade, Cary. Encalade, Joshua C. Encalade, Stanley A. Enclade, Joseph L. Enclade, Michael Sr and Jeannie Pitre. Enclade, Rodney J. Englade, Alfred. Ennis, A L Jr. Erickson, Grant G. Erlinger, Carroll. Erlinger, Gary R. Eschete, Keith A. Esfeller, Benny A. Eskine, Kenneth. Esponge, Ernest J. Estaves, David Sr. Estaves, Ricky Joseph. Estay, Allen J. Estay, Wayne. Esteves, Anthony E Jr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Estrada, Orestes. Evans, Emile J Jr. Evans, Kevin J. Evans, Lester. Evans, Lester J Jr. Evans, Tracey J Sr. Everson, George C. Eymard, Brian P Sr. Eymard, Jervis J and Carolyn B. Fabiano, Morris C. Fabra, Mark. Fabre, Alton Jr. Fabre, Ernest J. Fabre, Kelly V. Fabre, Peggy B. Fabre, Sheron. Fabre, Terry A. Fabre, Wayne M. Falcon, Mitchell J. Falgout, Barney. Falgout, Jerry P. Falgout, Leroy J. Falgout, Timothy J. Fanguy, Barry G. Fanning, Paul Jr. Farris, Thomas J. Fasone, Christopher J. Fasone, William J. Faulk, Lester J. Favaloro, Thomas J. Favre, Michael Jr. Fazende, Jeffery. Fazende, Thomas. Fazende, Thomas G. Fazzio, Anthony. Fazzio, Douglas P. Fazzio, Maxine J. Fazzio, Steve. Felarise, EJ. Felarise, Wayne A Sr. Fernandez, John. Fernandez, Laudelino. Ferrara, Audrey B. Ficarino, Dominick Jr. Fields, Bryan. Fillinich, Anthony. Fillinich, Anthony Sr. Fillinich, Jack. Fincher, Penny. Fincher, William. Fisch, Burton E. Fisher, Kelly. Fisher, Kirk. Fisher, Kirk A. Fitch, Adam. Fitch, Clarence J Jr. Fitch, Hanson. Fitzgerald, Burnell. Fitzgerald, Kirk. Fitzgerald, Kirk D. Fitzgerald, Ricky J Jr. Fleming, John M. Fleming, Meigs F. Fleming, Mike. Flick, Dana. Flores, Helena D. Flores, Thomas. Flowers, Steve W. Flowers, Vincent F. Folse, David M. Folse, Heath. Folse, Mary L.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Folse, Ronald B. Fonseca, Francis Sr. Fontaine, William S. Fontenot, Peggy D. Ford, Judy. Ford, Warren Wayne. Foreman, Ralph Jr. Foret, Alva J. Foret, Billy J. Foret, Brent J. Foret, Glenn. Foret, Houston. Foret, Jackie P. Foret, Kurt J Sr. Foret, Lovelace A Sr. Foret, Loveless A Jr. Foret, Mark M. Foret, Patricia C. Forrest, David P. Forsyth, Hunter. Forsythe, John. Fortune, Michael A. France, George J. Francis, Albert. Franklin, James K. Frankovich, Anthony. Franks, Michael. Frauenberger, Richard Wayne. Frazier, David J. Frazier, David M. Frazier, James. Frazier, Michael. Frederick, Davis. Frederick, Johnnie and Jeannie. Fredrick, Michael. Freeman, Arthur D. Freeman, Darrel P Sr. Freeman, Kenneth F. Freeman, Larry Scott. Frelich, Charles P. Frelich, Floyd J. Frelich, Kent. Frerics, Doug. Frerks, Albert R Jr. Frickey, Darell. Frickey, Darren. Frickey, Dirk I. Frickey, Eric J. Frickey, Harry J Jr. Frickey, Jimmy. Frickey, Rickey J. Frickey, Westley J. Friloux, Brad. Frisella, Jeanette M. Frisella, Jerome A Jr. Frost, Michael R. Fruge, Wade P. Gadson, James. Gaines, Dwayne. Gala, Christine. Galjour, Jess J. Galjour, Reed. Gallardo, John W. Gallardo, Johnny M. Galliano, Anthony. Galliano, Horace J. Galliano, Joseph Sr. Galliano, Logan J. Galliano, Lynne L. Galliano, Moise Jr. Galloway, AT Jr. Galloway, Jimmy D.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Galloway, Judy L. Galloway, Mark D. Galt, Giles F. Gambarella, Luvencie J. Ganoi, Kristine. Garcia, Ana Maria. Garcia, Anthony. Garcia, Edward. Garcia, Kenneth. Garner, Larry S. Gary, Dalton J. Gary, Ernest J. Gary, Leonce Jr. Garza, Andrew. Garza, Jose H. Gaskill, Elbert Clinton and Sandra. Gaspar, Timothy. Gaspard, Aaron and Hazel C. Gaspard, Dudley A Jr. Gaspard, Leonard J. Gaspard, Michael A. Gaspard, Michael Sr. Gaspard, Murry. Gaspard, Murry A Jr. Gaspard, Murry Sr. Gaspard, Murvin. Gaspard, Ronald Sr. Gaspard, Ronald Wayne Jr. Gaubert, Elizabeth. Gaubert, Gregory M. Gaubert, Melvin. Gaudet, Allen J IV. Gaudet, Ricky Jr. Gauthier, Hewitt J Sr. Gautreaux, William A. Gay, Norman F. Gay, Robert G. Gazzier, Daryl G. Gazzier, Emanuel A. Gazzier, Wilfred E. Gegenheimer, William F. Geiling, James. Geisman, Tony. Gentry, Robert. Gentry, Samuel W Jr. George, James J Jr. Gerica, Clara. Gerica, Peter. Giambrone, Corey P. Gibson, Eddie E. Gibson, Joseph. Gibson, Ronald F. Gilden, Eddie Jr. Gilden, Eddie Sr. Gilden, Inez W. Gilden, Wayne. Gillikin, James D. Girard, Chad Paul. Giroir, Mark S. Gisclair, Anthony J. Gisclair, Anthony Joseph Sr. Gisclair, August. Gisclair, Dallas J Sr. Gisclair, Doyle A. Gisclair, Kip J. Gisclair, Ramona D. Gisclair, Wade. Gisclair, Walter. Glover, Charles D. Glynn, Larry. Goetz, George. Goings, Robert Eugene.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Golden, George T. Golden, William L. Gollot, Brian. Gollot, Edgar R. Gonzales, Arnold Jr. Gonzales, Mrs Cyril E Jr. Gonzales, Rene R. Gonzales, Rudolph S Jr. Gonzales, Rudolph S Sr. Gonzales, Sylvia A. Gonzales, Tim J. Gonzalez, Jorge Jr. Gonzalez, Julio. Gordon, Donald E. Gordon, Patrick Alvin. Gore, Henry H. Gore, Isabel. Gore, Pam. Gore, Thomas L. Gore, Timothy Ansel. Gottschalk, Gregory. Gourgues, Harold C Jr. Goutierrez, Tony C. Govea, Joaquin. Graham, Darrell. Graham, Steven H. Granger, Albert J Sr. Granich, James. Granier, Stephen J. Grass, Michael. Graves, Robert N Sr. Gray, Jeannette. Gray, Monroe. Gray, Shirley E. Gray, Wayne A Sr. Graybill, Ruston. Green, Craig X. Green, James W. Green, James W Jr. Green, Shaun. Greenlaw, W C Jr. Gregoire, Ernest L. Gregoire, Rita M. Gregory, Curtis B. Gregory, Mercedes E. Grice, Raymond L Jr. Griffin, Alden J Sr. Griffin, Craig. Griffin, David D. Griffin, Elvis Joseph Jr. Griffin, Faye. Griffin, Faye Ann. Griffin, Jimmie J. Griffin, Nolty J. Griffin, Rickey. Griffin, Sharon. Griffin, Timothy. Griffin, Troy D. Groff, Alfred A. Groff, John A. Groover, Hank. Gros, Brent J Sr. Gros, Craig J. Gros, Danny A. Gros, Gary Sr. Gros, Junius A Jr. Gros, Keven. Gros, Michael A. Gross, Homer. Grossie, Janet M. Grossie, Shane A. Grossie, Tate.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Grow, Jimmie C. Guenther, John J. Guenther, Raphael. Guerra, Bruce. Guerra, Chad L. Guerra, Fabian C. Guerra, Guy A. Guerra, Jerry V Sr. Guerra, Kurt P Sr. Guerra, Ricky J Sr. Guerra, Robert. Guerra, Ryan. Guerra, Troy A. Guerra, William Jr. Guidroz, Warren J. Guidry, Alvin A. Guidry, Andy J. Guidry, Arthur. Guidry, Bud. Guidry, Calvin P. Guidry, Carl J. Guidry, Charles J. Guidry, Chris J. Guidry, Clarence P. Guidry, Clark. Guidry, Clint. Guidry, Clinton P Jr. Guidry, Clyde A. Guidry, David. Guidry, Dobie. Guidry, Douglas J Sr. Guidry, Elgy III. Guidry, Elgy Jr. Guidry, Elwin A Jr. Guidry, Gerald A. Guidry, Gordon Jr. Guidry, Guillaume A. Guidry, Harold. Guidry, Jason. Guidry, Jessie J. Guidry, Jessie Joseph. Guidry, Jonathan B. Guidry, Joseph T Jr. Guidry, Keith M. Guidry, Kenneth J. Guidry, Kerry A. Guidry, Marco. Guidry, Maurin T and Tamika. Guidry, Michael J. Guidry, Nolan J Sr. Guidry, Randy Peter Sr. Guidry, Rhonda S. Guidry, Robert C. Guidry, Robert Joseph. Guidry, Robert Wayne. Guidry, Roger. Guidry, Ronald. Guidry, Roy Anthony. Guidry, Roy J. Guidry, Tammy. Guidry, Ted. Guidry, Thomas P. Guidry, Timothy. Guidry, Troy. Guidry, Troy. Guidry, Ulysses. Guidry, Vicki. Guidry, Wayne J. Guidry, Wyatt. Guidry, Yvonne. Guidry-Calva, Holly A. Guilbeaux, Donald J.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Guilbeaux, Lou. Guillie, Shirley. Guillory, Horace H. Guillot, Benjamin J Jr. Guillot, Rickey A. Gulledge, Lee. Gutierrez, Anita. Guy, Jody. Guy, Kimothy Paul. Guy, Wilson. Ha, Cherie Lan. Ha, Co Dong. Ha, Lai Thuy Thi. Ha, Lyanna. Hadwall, John R. Hafford, Johnny. Hagan, Jules. Hagan, Marianna. Haiglea, Robbin Richard. Hales, William E. Halili, Rhonda L. Hall, Byron S. Hall, Darrel T Sr. Hall, Lorrie A. Hammer, Michael P. Hammock, Julius Michael. Hancock, Jimmy L. Handlin, William Sr. Hang, Cam T. Hansen, Chris. Hansen, Eric P. Hanson, Edmond A. Harbison, Louis. Hardee, William P. Hardison, Louis. Hardy John C. Hardy, Sharon. Harmon, Michelle. Harrington, George J. Harrington, Jay. Harris, Bobby D. Harris, Buster. Harris, Jimmy Wayne Sr. Harris, Johnny Ray. Harris, Kenneth A. Harris, Ronnie. Harris, Susan D. Harris, William. Harrison, Daniel L. Hartmann, Leon M Jr. Hartmann, Walter Jr. Hattaway, Errol Henry. Haycock, Kenneth. Haydel, Gregory. Hayes, Clinton. Hayes, Katherine F. Hayes, Lod Jr. Hean, Hong. Heathcock, Walter Jr. Hebert, Albert Joseph. Hebert, Bernie. Hebert, Betty Jo. Hebert, Chris. Hebert, Craig J. Hebert, David. Hebert, David Jr. Hebert, Earl J. Hebert, Eric J. Hebert, Jack M. Hebert, Johnny Paul. Hebert, Jonathan. Hebert, Jules J.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Hebert, Kim M. Hebert, Lloyd S III. Hebert, Michael J. Hebert, Myron A. Hebert, Norman. Hebert, Patrick. Hebert, Patrick A. Hebert, Pennington Jr. Hebert, Philip. Hebert, Robert A. Hebert, Terry W. Hedrick, Gerald J Jr. Helmer, Claudia A. Helmer, Gerry J. Helmer, Herman C Jr. Helmer, Kenneth. Helmer, Larry J Sr. Helmer, Michael A Sr. Helmer, Rusty L. Helmer, Windy. Hemmenway, Jack. Henderson, Brad. Henderson, Curtis. Henderson, David A Jr. Henderson, David A Sr. Henderson, Johnny. Henderson, Olen. Henderson, P Loam. Henry, Joanne. Henry, Rodney. Herbert, Patrick and Terry. Hereford, Rodney O Jr. Hereford, Rodney O Sr. Hernandez, Corey. Herndon, Mark. Hertel, Charles W. Hertz, Edward C Sr. Hess, Allen L Sr. Hess, Henry D Jr. Hess, Jessica R. Hess, Wayne B. Hewett, Emma. Hewett, James. Hickman, John. Hickman, Marvin. Hicks, Billy M. Hicks, James W. Hicks, Larry W. Hicks, Walter R. Hien, Nguyen. Higgins, Joseph J III. Hill, Darren S. Hill, Joseph R. Hill, Sharon. Hill, Willie E Jr. Hills, Herman W. Hingle, Barbara E. Hingle, Rick A. Hingle, Roland T Jr. Hingle, Roland T Sr. Hingle, Ronald J. Hinojosa, R. Hinojosa, Randy. Hinojosa, Ricky A. Hipps, Nicole Marie. Ho, Dung Tan. Ho, Hung. Ho, Jennifer. Ho, Jimmy. Ho, Lam. Ho, Nam. Ho, Nga T.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Ho, O. Ho, Sang N. Ho, Thanh Quoc. Ho, Thien Dang. Ho, Tien Van. Ho, Tri Tran. Hoang, Dung T. Hoang, Hoa T and Tam Hoang. Hoang, Huy Van. Hoang, Jennifer Vu. Hoang, John. Hoang, Julie. Hoang, Kimberly. Hoang, Linda. Hoang, Loan. Hoang, San Ngoc. Hoang, Tro Van. Hoang, Trung Kim. Hoang, Trung Tuan. Hoang, Vincent Huynh. Hodges, Ralph W. Hoffpaviiz, Harry K. Holland, Vidal. Holler, Boyce Dwight Jr. Hollier, Dennis J. Holloway, Carl D. Hong, Tai Van. Hood, Malcolm. Hopton, Douglas. Horaist, Shawn P. Hostetler, Warren L II. Hotard, Claude. Hotard, Emile J Jr. Howard, Jeff. Howerin, Billy Sr. Howerin, Wendell Sr. Hubbard, Keith. Hubbard, Perry III. Huber, Berry T. Huber, Charles A. Huck, Irma Elaine. Huck, Steven R. Huckabee, Harold. Hue, Patrick A. Hughes, Brad J. Hults, Thomas. Hutcherson, Daniel J. Hutchinson, Douglas. Hutchinson, George D. Hutchinson, William H. Hutto, Cynthia E. Hutto, Henry G Jr. Huynh, Chien Thi. Huynh, Dong Xuan. Huynh, Dung. Huynh, Dung V. Huynh, Hai. Huynh, Hai. Huynh, Hai Van. Huynh, Hoang D. Huynh, Hoang Van. Huynh, Hung. Huynh, James N. Huynh, Johhny Hiep. Huynh, Johnnie. Huynh, Kim. Huynh, Lay. Huynh, Long. Huynh, Mack Van. Huynh, Mau Van. Huynh, Minh. Huynh, Minh Van.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Huynh, Nam Van. Huynh, Thai. Huynh, Tham Thi. Huynh, Thanh. Huynh, The V. Huynh, Tri. Huynh, Truc. Huynh, Tu. Huynh, Tu. Huynh, Tung Van. Huynh, Van X. Huynh, Viet Van. Huynh, Vuong Van. Hymel, Joseph Jr. Hymel, Michael D. Hymel, Nolan J Sr. Ingham, Herbert W. Inglis, Richard M. Ingraham, Joseph S. Ingraham, Joyce. Ipock, Billy. Ipock, William B. Ireland, Arthur Allen. Iver, George Jr. Jackson, Alfred M. Jackson, Carl John. Jackson, David. Jackson, Eugene O. Jackson, Glenn C Jr. Jackson, Glenn C Sr. Jackson, James Jerome. Jackson, John D. Jackson, John Elton Sr. Jackson, Levi. Jackson, Nancy L. Jackson, Robert W. Jackson, Shannon. Jackson, Shaun C. Jackson, Steven A. Jacob, Ronald R. Jacob, Warren J Jr. Jacobs, L Anthony. Jacobs, Lawrence F. Jarreau, Billy and Marilyn. Jarvis, James D. Jaye, Emma. Jeanfreau, Vincent R. Jefferies, William. Jemison, Timothy Michael Sr. Jennings, Jacob. Joffrion, Harold J Jr. Johnson, Albert F. Johnson, Ashley Lamar. Johnson, Bernard Jr. Johnson, Brent W. Johnson, Bruce Warem. Johnson, Carl S. Johnson, Carolyn. Johnson, Clyde Sr. Johnson, David G. Johnson, David Paul. Johnson, Gary Allen Sr. Johnson, George D. Johnson, Michael A. Johnson, Randy J. Johnson, Regenia. Johnson, Robert. Johnson, Ronald Ray Sr. Johnson, Steve. Johnson, Thomas Allen Jr. Johnston, Ronald. Joly, Nicholas J Jr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Jones, Charles. Jones, Clinton. Jones, Daisy Mae. Jones, Jeffery E. Jones, Jerome N Sr. Jones, John W. Jones, Larry. Jones, Len. Jones, Michael G Sr. Jones, Paul E. Jones, Perry T Sr. Jones, Ralph William. Jones, Richard G Sr. Jones, Stephen K. Jones, Wayne. Joost, Donald F. Jordan, Dean. Jordan, Hubert William III (Bert). Jordan, Hurbert W Jr. Judalet, Ramon G. Judy, William Roger. Julian, Ida. Julian, John I Sr. Juneau, Anthony Sr. Juneau, Bruce. Juneau, Robert A Jr and Laura K. Jurjevich, Leander J. Kain, Jules B Sr. Kain, Martin A. Kalliainen, Dale. Kalliainen, Richard. Kang, Chamroeun. Kang, Sambo. Kap, Brenda. Keen, Robert Steven. Keenan, Robert M. Kellum, Kenneth Sr. Kellum, Larry Gray Sr. Kellum, Roxanne. Kelly, Roger B. Kelly, Thomas E. Kendrick, Chuck J. Kennair, Michael S. Kennedy, Dothan. Kenney, David Jr. Kenney, Robert W. Kent, Michael A. Keo, Bunly. Kerchner, Steve. Kern, Thurmond. Khin, Sochenda. Khui, Lep and Nga Ho. Kidd, Frank. Kiesel, Edward C and Lorraine T. Kiff, Hank J. Kiff, Melvin. Kiffe, Horace. Kim, Puch. Kimbrough, Carson. Kim-Tun, Soeun. King, Andy A. King, Donald Jr. King, James B. King, Thornell. King, Wesley. Kit, An. Kizer, Anthony J. Kleimann, Robert. Knapp, Alton P Jr. Knapp, Alton P Sr. Knapp, Ellis L Jr. Knapp, Melvin L.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Knapp, Theresa. Knecht, Frederick Jr. Knezek, Lee. Knight, George. Knight, Keith B. Knight, Robert E. Koch, Howard J. Kong, Seng. Konitz, Bobby. Koo, Herman. Koonce, Curtis S. Koonce, Howard N. Kopszywa, Mark L. Kopszywa, Stanley J. Kotulja, Stejepan. Kraemer, Bridget. Kraemer, Wilbert J. Kraemer, Wilbert Jr. Kramer, David. Krantz, Arthur Jr. Krantz, Lori. Kraver, C W. Kreger, Ronald A Sr. Kreger, Roy J Sr. Kreger, Ryan A. Krennerich, Raymond A. Kroke, Stephen E. Kruth, Frank D. Kuchler, Alphonse L III. Kuhn, Bruce A Sr. Kuhn, Gerard R Jr. Kuhn, Gerard R Sr. Kuhns, Deborah. LaBauve, Kerry. LaBauve, Sabrina. LaBauve, Terry. LaBiche, Todd A. LaBove, Carroll. LaBove, Frederick P. Lachica, Jacqueline. Lachico, Douglas. Lacobon, Tommy W Jr. Lacobon, Tony C. LaCoste, Broddie. LaCoste, Carl. LaCoste, Dennis E. LaCoste, Grayland J. LaCoste, Malcolm Jr. LaCoste, Melvin. LaCoste, Melvin W Jr. LaCoste, Ravin J Jr. LaCoste, Ravin Sr. Ladner, Clarence J III. Ladson, Earlene G. LaFont, Douglas A Sr. LaFont, Edna S. LaFont, Jackin. LaFont, Noces J Jr. LaFont, Weyland J Sr. LaFrance, Joseph T. Lagarde, Frank N. Lagarde, Gary Paul. Lagasse, Michael F. Lai, Hen K. Lai, Then. Lam, Cang Van. Lam, Cui. Lam, Dong Van. Lam, Hiep Tan. Lam, Lan Van. Lam, Lee Phenh. Lam, Phan.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Lam, Qui. Lam, Sochen. Lam, Tai. Lam, Tinh Huu. Lambas, Jessie J Sr. Lanclos, Paul. Landry, David A. Landry, Dennis J. Landry, Edward N Jr. Landry, George. Landry, George M. Landry, James F. Landry, Jude C. Landry, Robert E. Landry, Ronald J. Landry, Samuel J Jr. Landry, Tracy. Lane, Daniel E. Lapeyrouse, Lance M. Lapeyrouse, Rosalie. Lapeyrouse, Tillman Joseph. LaRive, James L Jr. LaRoche, Daniel S. Lasseigne, Betty. Lasseigne, Blake. Lasseigne, Floyd. Lasseigne, Frank. Lasseigne, Harris Jr. Lasseigne, Ivy Jr. Lasseigne, Jefferson. Lasseigne, Jefferson P Jr. Lasseigne, Johnny J. Lasseigne, Marlene. Lasseigne, Nolan J. Lasseigne, Trent. Lat, Chhiet. Latapie, Charlotte A. Latapie, Crystal. Latapie, Jerry. Latapie, Joey G. Latapie, Joseph. Latapie, Joseph F Sr. Latapie, Travis. Latiolais, Craig J. Latiolais, Joel. Lau, Ho Thanh. Laughlin, James G. Laughlin, James Mitchell. Laurent, Yvonne M. Lavergne, Roger. Lawdros, Terrance Jr. Layrisson, Michael A III. Le, Amanda. Le, An Van. Le, Ben. Le, Binh T. Le, Cheo Van. Le, Chinh Thanh. Le, Chinh Thanh and Yen Vo. Le, Cu Thi. Le, Dai M. Le, Dale. Le, David Rung. Le, Du M. Le, Duc V. Le, Duoc M. Le, Hien V. Le, Houston T. Le, Hung. Le, Jimmy. Le, Jimmy and Hoang. Le, Khoa.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Le, Kim. Le, Ky Van. Le, Lang Van. Le, Lily. Le, Lisa Tuyet Thi. Le, Loi. Le, Minh Van. Le, Muoi Van. Le, My. Le, My V. Le, Nam and Xhan-Minh Le. Le, Nam Van. Le, Nhieu T. Le, Nhut Hoang. Le, Nu Thi. Le, Phuc Van. Le, Que V. Le, Quy. Le, Robert. Le, Sam Van. Le, Sau V. Le, Son. Le, Son. Le, Son H. Le, Son Quoc. Le, Son Van. Le, Su. Le, Tam V. Le, Thanh Huong. Le, Tong Minh. Le, Tony. Le, Tracy Lan Chi. Le, Tuan Nhu. Le, Viet Hoang. Le, Vui. Leaf, Andrew Scott. Leary, Roland. LeBeauf, Thomas. LeBlanc, Donnie. LeBlanc, Edwin J. LeBlanc, Enoch P. LeBlanc, Gareth R III. LeBlanc, Gareth R Jr. LeBlanc, Gerald E. LeBlanc, Hubert C. LeBlanc, Jerald. LeBlanc, Jesse Jr. LeBlanc, Keenon Anthony. LeBlanc, Lanvin J. LeBlanc, Luke A. LeBlanc, Marty J. LeBlanc, Marty J Jr. LeBlanc, Mickel J. LeBlanc, Robert Patrick. LeBlanc, Scotty M. LeBlanc, Shelton. LeBlanc, Terry J. LeBoeuf, Brent J. LeBoeuf, Emery J. LeBoeuf, Joseph R. LeBoeuf, Tammy Y. LeBouef, Dale. LeBouef, Edward J. LeBouef, Ellis J Jr. LeBouef, Gillis. LeBouef, Jimmie. LeBouef, Leslie. LeBouef, Lindy J. LeBouef, Micheal J. LeBouef, Raymond. LeBouef, Tommy J. LeBouef, Wiley Sr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

LeBourgeois, Stephen A. LeCompte, Alena. LeCompte, Aubrey J. LeCompte, Etha. LeCompte, Jesse C Jr. LeCompte, Jesse Jr. LeCompte, Jesse Sr. LeCompte, Lyle. LeCompte, Patricia F. LeCompte, Todd. LeCompte, Troy A Sr. Ledet, Brad. Ledet, Bryan. Ledet, Carlton. Ledet, Charles J. Ledet, Jack A. Ledet, Kenneth A. Ledet, Mark. Ledet, Maxine B. Ledet, Mervin. Ledet, Phillip John. Ledoux, Dennis. Ledwig, Joe J. Lee, Carl. Lee, James K. Lee, Marilyn. Lee, Otis M Jr. Lee, Raymond C. Lee, Robert E. Lee, Steven J. Leek, Mark A. LeGaux, Roy J Jr. Legendre, Kerry. Legendre, Paul. Leger, Andre. LeGros, Alex M. LeJeune, Philip Jr. LeJeune, Philip Sr. LeJeune, Ramona V. LeJeunee, Debbie. LeJuine, Eddie R. LeLand, Allston Bochet. Leland, Rutledge B III. Leland, Rutledge B Jr. LeLeaux, David. Leleux, Kevin J. Lemoine, Jeffery Jr. Leonard, Dan. Leonard, Dexter J Jr. Leonard, Micheal A. Lepine, Leroy L. Lesso, Rudy Jr. Lester, Shawn. Levron, Dale T. Levy, Patrick T. Lewis, Kenneth. Lewis, Mark Steven. Libersat, Anthony R. Libersat, Kim. Licatino, Daniel Jr. Lichenstein, Donald L. Lilley, Douglas P. Lim, Chhay. Lim, Koung. Lim, Tav Seng. Linden, Eric L. Liner, Claude J Jr. Liner, Harold. Liner, Jerry. Liner, Kevin. Liner, Michael B Sr. Liner, Morris T Jr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Liner, Morris T Sr. Liner, Tandy M. Linh, Pham. Linwood, Dolby. Lirette, Alex J Sr. Lirette, Bobby and Sheri. Lirette, Chester Patrick. Lirette, Daniel J. Lirette, Dean J. Lirette, Delvin J Jr. Lirette, Delvin Jr. Lirette, Desaire J. Lirette, Eugis P Sr. Lirette, Guy A. Lirette, Jeannie. Lirette, Kern A. Lirette, Ron C. Lirette, Russell (Chico) Jr. Lirette, Shaun Patrick. Lirette, Terry J Sr. Little, William A. Little, William Boyd. Liv, Niem S. Livaudais, Ernest J. Liverman, Harry R. LoBue, Michael Anthony Sr. Locascio, Dustin. Lockhart, William T. Lodrigue, Jimmy A. Lodrigue, Kerry. Lombardo, Joseph P. Lombas, James A Jr. Lombas, Kim D. Londrie, Harley. Long, Cao Thanh. Long, Dinh. Long, Robert. Longo, Ronald S Jr. Longwater, Ryan Heath. Loomer, Rhonda. Lopez, Celestino. Lopez, Evelio. Lopez, Harry N. Lopez, Ron. Lopez, Scott. Lopez, Stephen R Jr. Lord, Michael E Sr. Loupe, George Jr. Loupe, Ted. Lovell, Billy. Lovell, Bobby Jason. Lovell, Bradford John. Lovell, Charles J Jr. Lovell, Clayton. Lovell, Douglas P. Lovell, Jacob G. Lovell, Lois. Lovell, Slade M. Luke, Bernadette C. Luke, David. Luke, Dustan. Luke, Henry. Luke, Jeremy Paul. Luke, Keith J. Luke, Patrick A. Luke, Patrick J. Luke, Paul Leroy. Luke, Rudolph J. Luke, Samantha. Luke, Sidney Jr. Luke, Terry Patrick Jr. Luke, Terry Patrick Sr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Luke, Timothy. Luke, Wiltz J. Lund, Ora G. Luneau, Ferrell J. Luong, Kevin. Luong, Thu X. Luscy, Lydia. Luscy, Richard. Lutz, William A. Luu, Binh. Luu, Vinh. Luu, Vinh V. Ly, Bui. Ly, Hen. Ly, Hoc. Ly, Kelly D. Ly, Nu. Ly, Sa. Ly, Ven. Lyall, Rosalie. Lycett, James A. Lyons, Berton J. Lyons, Berton J Sr. Lyons, Jack. Lyons, Jerome M. Mackey, Marvin Sr. Mackie, Kevin L. Maggio, Wayne A. Magwood, Edwin Wayne. Mai, Danny V. Mai, Lang V. Mai, Tai. Mai, Trach Xuan. Maise, Rubin J. Maise, Todd. Majoue, Ernest J. Majoue, Nathan L. Malcombe, David. Mallett, Irvin Ray. Mallett, Jimmie. Mallett, Lawrence J. Mallett, Mervin B. Mallett, Rainbow. Mallett, Stephney. Malley, Ned F Jr. Mamolo, Charles H Sr. Mamolo, Romeo C Jr. Mamolo, Terry A. Mancera, Jesus. Manuel, Joseph R. Manuel, Shon. Mao, Chandarasy. Mao, Kim. Marcel, Michelle. Marchese, Joe Jr. Mareno, Ansley. Mareno, Brent J. Mareno, Kenneth L. Marie, Allen J. Marie, Marty. Marmande, Al. Marmande, Alidore. Marmande, Denise. Marquize, Heather. Marquize, Kip. Marris, Roy C Jr. Martin, Darren. Martin, Dean J. Martin, Dennis. Martin, Jody W. Martin, John F III. Martin, Michael A.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Martin, Nora S. Martin, Rod J. Martin, Roland J Jr. Martin, Russel J Sr. Martin, Sharon J. Martin, Tanna G. Martin, Wendy. Martinez, Carl R. Martinez, Henry. Martinez, Henry Joseph. Martinez, Lupe. Martinez, Michael. Martinez, Rene J. Mason, James F Jr. Mason, Johnnie W. Mason, Luther. Mason, Mary Lois. Mason, Percy D Jr. Mason, Walter. Matherne, Anthony. Matherne, Blakland Sr. Matherne, Bradley J. Matherne, Claude I Jr. Matherne, Clifford P. Matherne, Curlis J. Matherne, Forest J. Matherne, George J. Matherne, Glenn A. Matherne, Grace L. Matherne, James C. Matherne, James J Jr. Matherne, James J Sr. Matherne, Joey A. Matherne, Keith. Matherne, Larry Jr. Matherne, Louis M Sr. Matherne, Louis Michael. Matherne, Nelson. Matherne, Thomas G. Matherne, Thomas G Jr. Matherne, Thomas Jr. Matherne, Thomas M Sr. Matherne, Wesley J. Mathews, Patrick. Mathurne, Barry. Matte, Martin J Sr. Mauldin, Johnny. Mauldin, Mary. Mauldin, Shannon. Mavar, Mark D. Mayeux, Lonies A Jr. Mayeux, Roselyn P. Mayfield, Gary. Mayfield, Henry A Jr. Mayfield, James J III. Mayon, Allen J. Mayon, Wayne Sr. McAnespy, Henry. McAnespy, Louis. McCall, Marcus H. McCall, R Terry Sr. McCarthy, Carliss. McCarthy, Michael. McCauley, Byron Keith. McCauley, Katrina. McClantoc, Robert R and Debra. McClellan, Eugene Gardner. McCormick, Len. McCuiston, Denny Carlton. McDonald, Allan. McElroy, Harry J. McFarlain, Merlin J Jr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

McGuinn, Dennis. McIntosh, James Richard. McIntyre, Michael D. McIver, John H Jr. McKendree, Roy. McKenzie, George B. McKinzie, Bobby E. McKoin, Robert. McKoin, Robert F Jr. McLendon, Jonathon S. McNab, Robert Jr. McQuaig, Don W. McQuaig, Oliver J. Medine, David P. Mehaffey, John P. Melancon, Brent K. Melancon, Neva. Melancon, Rickey. Melancon, Roland Jr. Melancon, Roland T Jr. Melancon, Sean P. Melancon, Terral J. Melancon, Timmy J. Melanson, Ozimea J III. Melerine, Angela. Melerine, Brandon T. Melerine, Claude A. Melerine, Claude A Jr. Melerine, Dean J. Melerine, Eric W Jr. Melerine, John D Sr. Melerine, Linda C. Melerine, Raymond Joseph. Melford, Daniel W Sr. Mello, Nelvin. Men, Sophin. Menendez, Wade E. Menesses, Dennis. Menesses, James H. Menesses, Jimmy. Menesses, Louis. Menge, Lionel A. Menge, Vincent J. Mercy, Dempsey. Merrick, Harold A. Merrick, Kevin Sr. Merritt, Darren Sr. Messer, Chase. Meyers, Otis J. Miarm, Soeum. Michel, Steven D. Middleton, Dan Sr. Migues, Henry. Migues, Kevin L Sr. Milam, Ricky. Miles, Ricky David. Miley, Donna J. Militello, Joseph. Miller, David W. Miller, Fletcher N. Miller, James A. Miller, Larry B. Miller, Mabry Allen Jr. Miller, Michael E. Miller, Michele K. Miller, Randy A. Miller, Rhonda E. Miller, Wayne. Millet, Leon B. Millington, Donnie. Millington, Ronnie. Millis, Moses.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Millis, Raeford. Millis, Timmie Lee. Mine, Derrick. Miner, Peter G. Minh, Kha. Minh, Phuc-Truong. Mitchell, Ricky Allen. Mitchell, Todd. Mitchum, Francis Craig. Mixon, G C. Mobley, Bryan A. Mobley, Jimmy Sr. Mobley, Robertson. Mock, Frank Sr. Mock, Frankie E Jr. Mock, Jesse R II. Mock, Terry Lyn. Molero, Louis F III. Molero, Louis Frank. Molinere, Al L. Molinere, Floyd. Molinere, Roland Jr. Molinere, Stacey. Moll, Angela. Moll, Jerry J Jr. Moll, Jonathan P. Moll, Julius J. Moll, Randall Jr. Mollere, Randall. Mones, Philip J Jr. Mones, Tino. Moody, Guy D. Moore, Carl Stephen. Moore, Curtis L. Moore, Kenneth. Moore, Richard. Moore, Willis. Morales, Anthony. Morales, Clinton A. Morales, Daniel Jr. Morales, Daniel Sr. Morales, David. Morales, Elwood J Jr. Morales, Eugene J Jr. Morales, Eugene J Sr. Morales, Kimberly. Morales, Leonard L. Morales, Phil J Jr. Morales, Raul. Moran, Scott. Moreau, Allen Joseph. Moreau, Berlin J Sr. Moreau, Daniel R. Moreau, Hubert J. Moreau, Mary. Moreau, Rickey J Sr. Morehead, Arthur B Jr. Moreno, Ansley. Morgan, Harold R. Morici, John. Morris, Herbert Eugene. Morris, Jesse A. Morris, Jesse A Sr. Morris, Preston. Morrison, Stephen D Jr. Morton, Robert A. Morvant, Keith M. Morvant, Patsy Lishman. Moschettieri, Chalam. Moseley, Kevin R. Motley, Michele. Mouille, William L.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Mouton, Ashton J. Moveront, Timothy. Mund, Mark. Murphy, Denis R. Muth, Gary J Sr. Myers, Joseph E Jr. Na, Tran Van. Naccio, Andrew. Nacio, Lance M. Nacio, Noel. Nacio, Philocles J Sr. Naquin, Alton J. Naquin, Andrew J Sr. Naquin, Antoine Jr. Naquin, Autry James. Naquin, Bobby J and Sheila. Naquin, Bobby Jr. Naquin, Christine. Naquin, Dean J. Naquin, Donna P. Naquin, Earl. Naquin, Earl L. Naquin, Freddie. Naquin, Gerald. Naquin, Henry. Naquin, Irvin J. Naquin, Jerry Joseph Jr. Naquin, Kenneth J Jr. Naquin, Kenneth J Sr. Naquin, Linda L. Naquin, Lionel A Jr. Naquin, Mark D Jr. Naquin, Marty J Sr. Naquin, Milton H IV. Naquin, Oliver A. Naquin, Robert. Naquin, Roy A. Naquin, Vernon. Navarre, Curtis J. Navero, Floyd G Jr. Neal, Craig A. Neal, Roy J Jr. Neely, Bobby H. Nehlig, Raymond E Sr. Neil, Dean. Neil, Jacob. Neil, Julius. Neil, Robert J Jr. Neil, Tommy Sr. Nelson, Billy J Sr. Nelson, Deborah. Nelson, Elisha W. Nelson, Ernest R. Nelson, Faye. Nelson, Fred H Sr. Nelson, Gordon Kent Sr. Nelson, Gordon W III. Nelson, Gordon W Jr. Nelson, John Andrew. Nelson, William Owen Jr. Nelton, Aaron J Jr. Nelton, Steven J. Nettleton, Cody. Newell, Ronald B. Newsome, Thomas E. Newton, Paul J. Nghiem, Billy. Ngo, Chuong Van. Ngo, Duc. Ngo, Hung V. Ngo, Liem Thanh. Ngo, Maxie.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Ngo, The T. Ngo, Truong Dinh. Ngo, Van Lo. Ngo, Vu Hoang. Ngoc, Lam Lam. Ngu,Thoi. Nguyen, Amy. Nguyen, An Hoang. Nguyen, Andy Dung. Nguyen, Andy T. Nguyen, Anh and Thanh D Tiet. Nguyen, Ba. Nguyen, Ba Van. Nguyen, Bac Van. Nguyen, Bao Q. Nguyen, Bay Van. Nguyen, Be. Nguyen, Be. Nguyen, Be. Nguyen, Be Em. Nguyen, Bich Thao. Nguyen, Bien V. Nguyen, Binh. Nguyen, Binh Cong. Nguyen, Binh V. Nguyen, Binh Van. Nguyen, Binh Van. Nguyen, Binh Van. Nguyen, Bui Van. Nguyen, Ca Em. Nguyen, Can. Nguyen, Can Van. Nguyen, Canh V. Nguyen, Charlie. Nguyen, Chien. Nguyen, Chien Van. Nguyen, Chin. Nguyen, Chinh Van. Nguyen, Christian. Nguyen, Chuc. Nguyen, Chung. Nguyen, Chung Van. Nguyen, Chuong Hoang. Nguyen, Chuong V. Nguyen, Chuyen. Nguyen, Coolly Dinh. Nguyen, Cuong. Nguyen, Dai. Nguyen, Dan T. Nguyen, Dan Van. Nguyen, Dan Van. Nguyen, Dang. Nguyen, Danny. Nguyen, David. Nguyen, Day Van. Nguyen, De Van. Nguyen, Den. Nguyen, Diem. Nguyen, Dien. Nguyen, Diep. Nguyen, Dinh. Nguyen, Dinh V. Nguyen, Dong T. Nguyen, Dong Thi. Nguyen, Dong X. Nguyen, Duc. Nguyen, Duc Van. Nguyen, Dung. Nguyen, Dung Anh and Xuan Duong. Nguyen, Dung Ngoc. Nguyen, Dung Van. Nguyen, Dung Van.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Nguyen, Duoc. Nguyen, Duong V. Nguyen, Duong Van. Nguyen, Duong Xuan. Nguyen, Francis N. Nguyen, Frank. Nguyen, Gary. Nguyen, Giang T. Nguyen, Giang Truong. Nguyen, Giau Van. Nguyen, Ha T. Nguyen, Ha Van. Nguyen, Hai Van. Nguyen, Hai Van. Nguyen, Han Van. Nguyen, Han Van. Nguyen, Hang. Nguyen, Hanh T. Nguyen, Hao Van. Nguyen, Harry H. Nguyen, Henri Hiep. Nguyen, Henry-Trang. Nguyen, Hien. Nguyen, Hien V. Nguyen, Hiep. Nguyen, Ho. Nguyen, Ho V. Nguyen, Hoa. Nguyen, Hoa. Nguyen, Hoa N. Nguyen, Hoa Van. Nguyen, Hoang. Nguyen, Hoang. Nguyen, Hoang T. Nguyen, Hoi. Nguyen, Hon Xuong. Nguyen, Huan. Nguyen, Hung. Nguyen, Hung. Nguyen, Hung. Nguyen, Hung M. Nguyen, Hung Manh. Nguyen, Hung Van. Nguyen, Hung-Joseph. Nguyen, Huu Nghia. Nguyen, Hy Don N. Nguyen, Jackie Tin. Nguyen, James. Nguyen, James N. Nguyen, Jefferson. Nguyen, Jennifer. Nguyen, Jimmy. Nguyen, Jimmy. Nguyen, Joachim. Nguyen, Joe. Nguyen, John R. Nguyen, John Van. Nguyen, Johnny. Nguyen, Joseph Minh. Nguyen, Kenny Hung Mong. Nguyen, Kevin. Nguyen, Khai. Nguyen, Khanh. Nguyen, Khanh and Viet Dinh. Nguyen, Khanh Q. Nguyen, Khiem. Nguyen, Kien Phan. Nguyen, Kim. Nguyen, Kim Mai. Nguyen, Kim Thoa. Nguyen, Kinh V. Nguyen, Lai.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Nguyen, Lai. Nguyen, Lai Tan. Nguyen, Lam. Nguyen, Lam Van. Nguyen, Lam Van. Nguyen, Lam Van. Nguyen, Lan. Nguyen, Lang. Nguyen, Lang. Nguyen, Lanh. Nguyen, Lap Van. Nguyen, Lap Van. Nguyen, Le. Nguyen, Lien and Hang Luong. Nguyen, Lien Thi. Nguyen, Linda Oan. Nguyen, Linh Thi. Nguyen, Linh Van. Nguyen, Lintt Danny. Nguyen, Lluu. Nguyen, Loc. Nguyen, Loi. Nguyen, Loi. Nguyen, Long Phi. Nguyen, Long T. Nguyen, Long Viet. Nguyen, Luom T. Nguyen, Mai Van. Nguyen, Man. Nguyen, Mao-Van. Nguyen, Mary. Nguyen, Mary. Nguyen, Melissa. Nguyen, Minh. Nguyen, Minh. Nguyen, Minh. Nguyen, Minh. Nguyen, Minh. Nguyen, Minh Ngoc. Nguyen, Minh Van. Nguyen, Moot. Nguyen, Mui Van. Nguyen, Mung T. Nguyen, Muoi. Nguyen, My Le Thi. Nguyen, My Tan. Nguyen, My V. Nguyen, Nam Van. Nguyen, Nam Van. Nguyen, Nam Van. Nguyen, Nam Van. Nguyen, Nancy. Nguyen, Nancy. Nguyen, Nghi. Nguyen, Nghi Q. Nguyen, Nghia. Nguyen, Nghiep. Nguyen, Ngoc Tim. Nguyen, Ngoc Van. Nguyen, Nguyet. Nguyen, Nhi. Nguyen, Nho Van. Nguyen, Nina. Nguyen, Nuong. Nguyen, Peter. Nguyen, Peter Thang. Nguyen, Peter V. Nguyen, Phe. Nguyen, Phong. Nguyen, Phong Ngoc. Nguyen, Phong T. Nguyen, Phong Xuan.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Nguyen, Phu Huu. Nguyen, Phuc. Nguyen, Phuoc H. Nguyen, Phuoc Van. Nguyen, Phuong. Nguyen, Phuong. Nguyen, Quang. Nguyen, Quang. Nguyen, Quang Dang. Nguyen, Quang Dinh. Nguyen, Quang Van. Nguyen, Quoc Van. Nguyen, Quyen Minh. Nguyen, Quyen T. Nguyen, Quyen-Van. Nguyen, Ran T. Nguyen, Randon. Nguyen, Richard. Nguyen, Richard Nghia. Nguyen, Rick Van. Nguyen, Ricky Tinh. Nguyen, Roe Van. Nguyen, Rose. Nguyen, Sam. Nguyen, Sandy Ha. Nguyen, Sang Van. Nguyen, Sau V. Nguyen, Si Ngoc. Nguyen, Son. Nguyen, Son Thanh. Nguyen, Son Van. Nguyen, Song V. Nguyen, Steve. Nguyen, Steve Q. Nguyen, Steven Giap. Nguyen, Sung. Nguyen, Tai. Nguyen, Tai The. Nguyen, Tai Thi. Nguyen, Tam. Nguyen, Tam Minh. Nguyen, Tam Thanh. Nguyen, Tam V. Nguyen, Tam Van. Nguyen, Tan. Nguyen, Ten Tan. Nguyen, Thach. Nguyen, Thang. Nguyen, Thanh. Nguyen, Thanh. Nguyen, Thanh. Nguyen, Thanh Phuc. Nguyen, Thanh V. Nguyen, Thanh Van. Nguyen, Thanh Van. Nguyen, Thanh Van. Nguyen, Thanh Van. Nguyen, Thao. Nguyen, Thi Bich Hang. Nguyen, Thiet. Nguyen, Thiet. Nguyen, Tho Duke. Nguyen, Thoa D. Nguyen, Thoa Thi. Nguyen, Thomas. Nguyen, Thu. Nguyen, Thu and Rose. Nguyen, Thu Duc. Nguyen, Thu Van. Nguyen, Thuan. Nguyen, Thuan. Nguyen, Thuong.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Nguyen, Thuong Van. Nguyen, Thuy. Nguyen, Thuyen. Nguyen, Thuyen. Nguyen, Tinh. Nguyen, Tinh Van. Nguyen, Toan. Nguyen, Toan Van. Nguyen, Tommy. Nguyen, Tony. Nguyen, Tony. Nguyen, Tony. Nguyen, Tony D. Nguyen, Tony Hong. Nguyen, Tony Si. Nguyen, Tra. Nguyen, Tra. Nguyen, Tracy T. Nguyen, Tri D. Nguyen, Trich Van. Nguyen, Trung Van. Nguyen, Tu Van. Nguyen, Tuan. Nguyen, Tuan A. Nguyen, Tuan H. Nguyen, Tuan Ngoc. Nguyen, Tuan Q. Nguyen, Tuan Van. Nguyen, Tung. Nguyen, Tuyen Duc. Nguyen, Tuyen Van. Nguyen, Ty and Ngoc Ngo. Nguyen, Van H. Nguyen, Van Loi. Nguyen, Vang Van. Nguyen, Viet. Nguyen, Viet. Nguyen, Viet V. Nguyen, Viet Van. Nguyen, Vinh Van. Nguyen, Vinh Van. Nguyen, Vinh Van. Nguyen, VT. Nguyen, Vu Minh. Nguyen, Vu T. Nguyen, Vu Xuan. Nguyen, Vui. Nguyen, Vuong V. Nguyen, Xuong Kim. Nhan, Tran Quoc. Nhon, Seri. Nichols, Steve Anna. Nicholson, Gary. Nixon, Leonard. Noble, Earl. Noland, Terrel W. Normand, Timothy. Norris, Candace P. Norris, John A. Norris, Kenneth L. Norris, Kevin J. Nowell, James E. Noy, Phen. Nunez, Conrad. Nunez, Jody. Nunez, Joseph Paul. Nunez, Randy. Nunez, Wade Joseph. Nyuyen, Toan. Oberling, Darryl. O’Blance, Adam. O’Brien, Gary S.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

O’Brien, Mark. O’Brien, Michele. Ogden, John M. Oglesby, Henry. Oglesby, Phyllis. O’Gwynn, Michael P Sr. Ohmer, Eva G. Ohmer, George J. Olander, Hazel. Olander, Rodney. Olander, Roland J. Olander, Russell J. Olander, Thomas. Olano, Kevin. Olano, Owen J. Olano, Shelby F. Olds, Malcolm D Jr. Olinde, Wilfred J Jr. Oliver, Charles. O’Neil, Carey. Oracoy, Brad R. Orage, Eugene. Orlando, Het. Oteri, Robert F. Oubre, Faron P. Oubre, Thomas W. Ourks, SokHoms K. Owens, Larry E. Owens, Sheppard. Owens, Timothy. Pacaccio, Thomas Jr. Padgett, Kenneth J. Palmer, Gay Ann P. Palmer, John W. Palmer, Mack. Palmisano, Daniel P. Palmisano, Dwayne Jr. Palmisano, Kim. Palmisano, Larry J. Palmisano, Leroy J. Palmisano, Robin G. Pam, Phuong Bui. Parfait, Antoine C Jr. Parfait, Jerry Jr. Parfait, John C. Parfait, Joshua K. Parfait, Mary F. Parfait, Mary S. Parfait, Olden G Jr. Parfait, Robert C Jr. Parfait, Robert C Sr. Parfait, Rodney. Parfait, Shane A. Parfait, Shelton J. Parfait, Timmy J. Parker, Clyde A. Parker, Franklin L. Parker, Paul A. Parker, Percy Todd. Parks, Daniel Duane. Parks, Ellery Doyle Jr. Parrett, Joseph D Jr. Parria, Danny. Parria, Gavin C Sr. Parria, Gillis F Jr. Parria, Gillis F Sr. Parria, Jerry D. Parria, Kip G. Parria, Lionel J Sr. Parria, Louis III. Parria, Louis J Sr. Parria, Louis Jr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Parria, Michael. Parria, Ronald. Parria, Ross. Parria, Troy M. Parrish, Charles. Parrish, Walter L. Passmore, Penny. Pate, Shane. Paterbaugh, Richard. Patingo, Roger D. Paul, Robert Emmett. Payne, John Francis. Payne, Stuart. Peatross, David A. Pelas, James Curtis. Pelas, Jeffery. Pellegrin, Corey P. Pellegrin, Curlynn. Pellegrin, James A Jr. Pellegrin, Jordey. Pellegrin, Karl. Pellegrin, Karl J. Pellegrin, Randy. Pellegrin, Randy Sr. Pellegrin, Rodney J Sr. Pellegrin, Samuel. Pellegrin, Troy Sr. Peltier, Clyde. Peltier, Rodney J. Pena, Bartolo Jr. Pena, Israel. Pendarvis, Gracie. Pennison, Elaine. Pennison, Milton G. Pequeno, Julius. Percle, David P. Perez, Allen M. Perez, David J. Perez, David P. Perez, Derek. Perez, Edward Jr. Perez, Henry Jr. Perez, Joe B. Perez, Tilden A Jr. Perez, Warren A Jr. Perez, Warren A Sr. Perez, Wesley. Perrin, Dale. Perrin, David M. Perrin, Edward G Sr. Perrin, Errol Joseph Jr. Perrin, Jerry J. Perrin, Kenneth V. Perrin, Kevin. Perrin, Kline J Sr. Perrin, Kurt M. Perrin, Michael. Perrin, Michael A. Perrin, Murphy P. Perrin, Nelson C Jr. Perrin, Pershing J Jr. Perrin, Robert. Perrin, Tim J. Perrin, Tony. Persohn, William T. Peshoff, Kirk Lynn. Pete, Alfred F Jr. Pete, Alfred F Sr. Pfleeger, William A. Pham, An V. Pham, Anh My. Pham, Bob.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Pham, Cho. Pham, Cindy. Pham, David. Pham, Dung. Pham, Dung Phuoc. Pham, Dung Phuoc. Pham, Duong Van. Pham, Gai. Pham, Hai. Pham, Hai Hong. Pham, Hien. Pham, Hien C. Pham, Hiep. Pham, Hieu. Pham, Huan Van. Pham, Hung. Pham, Hung V. Pham, Hung V. Pham, Huynh. Pham, John. Pham, Johnny. Pham, Joseph S. Pham, Kannin. Pham, Nga T. Pham, Nhung T. Pham, Osmond. Pham, Paul P. Pham, Phong-Thanh. Pham, Phung. Pham, Quoc V. Pham, Steve Ban. Pham, Steve V. Pham, Thai Van. Pham, Thai Van. Pham, Thanh. Pham, Thanh. Pham, Thanh V. Pham, Thinh. Pham, Thinh V. Pham, Tommy V. Pham, Tran and Thu Quang. Pham, Ut Van. Phan, Anh Thi. Phan, Banh Van. Phan, Cong Van. Phan, Dan T. Phan, Hoang. Phan, Hung Thanh. Phan, Johnny. Phan, Lam. Phan, Luyen Van. Phan, Nam V. Phan, Thong. Phan, Tien V. Phan, Toan. Phan, Tu Van. Phat, Lam Mau. Phelps, John D. Phillips, Bruce A. Phillips, Danny D. Phillips, Gary. Phillips, Harry Louis. Phillips, James C Jr. Phillips, Kristrina W. Phipps, AW. Phonthaasa, Khaolop. Phorn, Phen. Pickett, Kathy. Picou, Calvin Jr. Picou, Gary M. Picou, Jennifer. Picou, Jerome J.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Picou, Jordan J. Picou, Randy John. Picou, Ricky Sr. Picou, Terry. Pierce, Aaron. Pierce, Dean. Pierce, Elwood. Pierce, Imogene. Pierce, Stanley. Pierce, Taffie Boone. Pierre, Ivy. Pierre, Joseph. Pierre, Joseph C Jr. Pierre, Paul J. Pierre, Ronald J. Pierron, Jake. Pierron, Patsy H. Pierron, Roger D. Pinell, Ernie A. Pinell, Harry J Jr. Pinell, Jody J. Pinell, Randall James. Pinnell, Richard J. Pinnell, Robert. Pitre, Benton J. Pitre, Carol. Pitre, Claude A Sr. Pitre, Elrod. Pitre, Emily B. Pitre, Glenn P. Pitre, Herbert. Pitre, Jeannie. Pitre, Leo P. Pitre, Robert Jr. Pitre, Robin. Pitre, Ryan P. Pitre, Ted J. Pittman, Roger. Pizani, Bonnie. Pizani, Craig. Pizani, Jane. Pizani, Terrill J. Pizani, Terry M. Pizani, Terry M Jr. Plaisance, Arthur E. Plaisance, Burgess. Plaisance, Darren. Plaisance, Dean J Sr. Plaisance, Dorothy B. Plaisance, Dwayne. Plaisance, Earl J Jr. Plaisance, Errance H. Plaisance, Evans P. Plaisance, Eves A III. Plaisance, Gideons. Plaisance, Gillis S. Plaisance, Henry A Jr. Plaisance, Jacob. Plaisance, Jimmie J. Plaisance, Joyce. Plaisance, Keith. Plaisance, Ken G. Plaisance, Lawrence J. Plaisance, Lucien Jr. Plaisance, Peter A Sr. Plaisance, Peter Jr. Plaisance, Richard J. Plaisance, Russel P. Plaisance, Russell P Sr. Plaisance, Thomas. Plaisance, Thomas J. Plaisance, Wayne P.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Plaisance, Whitney III. Plork, Phan. Poche, Glenn J Jr. Poche, Glenn J Sr. Pockrus, Gerald. Poiencot, Russell Jr. Poillion, Charles A. Polito, Gerald. Polkey, Gary J. Polkey, Richard R Jr. Polkey, Ronald. Polkey, Shawn Michael. Pollet, Lionel J Sr. Pomgoria, Mario. Ponce, Ben. Ponce, Lewis B. Poon, Raymond. Pope, Robert. Popham, Winford A. Poppell, David M. Porche, Ricky J. Portier, Bobby. Portier, Chad. Portier, Corinne L. Portier, Penelope J. Portier, Robbie. Portier, Russel A Sr. Portier, Russell. Potter, Hubert Edward Jr. Potter, Robert D. Potter, Robert J. Pounds, Terry Wayne. Powers, Clyde T. Prejean, Dennis J. Price, Carl. Price, Curtis. Price, Edwin J. Price, Franklin J. Price, George J Sr. Price, Norris J Sr. Price, Steve J Jr. Price, Timmy T. Price, Wade J. Price, Warren J. Prihoda, Steve. Primeaux, Scott. Pritchard, Dixie J. Pritchard, James Ross Jr. Prosperie, Claude J Jr. Prosperie, Myron. Prout, Rollen. Prout, Sharonski K. Prum, Thou. Pugh, Charles D Jr. Pugh, Charles Sr. Pugh, Cody. Pugh, Deanna. Pugh, Donald. Pugh, Nickolas. Punch, Alvin Jr. Punch, Donald J. Punch, Todd M. Punch, Travis J. Purata, Maria. Purse, Emil. Purvis, George. Quach, Duc. Quach, James D. Quach, Joe. Quach, Si Tan. Quinn, Dora M. Racca, Charles.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Racine, Sylvan P Jr. Radulic, Igor. Ragas, Albert G. Ragas, Gene. Ragas, John D. Ragas, Jonathan. Ragas, Richard A. Ragas, Ronda S. Ralph, Lester B. Ramirez, Alfred J Jr. Randazzo, John A Jr. Randazzo, Rick A. Rando, Stanley D. Ranko, Ellis Gerald. Rapp, Dwayne. Rapp, Leroy and Sedonia. Rawlings, John H Sr. Rawlings, Ralph E. Rawls, Norman E. Ray, Leo. Ray, William C Jr. Raynor, Steven Earl. Readenour, Kelty O. Reagan, Roy. Reason, Patrick W. Reaux, Paul S Sr. Reaves, Craig A. Reaves, Laten. Rebert, Paul J Sr. Rebert, Steve M Jr. Rebstock, Charles. Recter, Lance Jr. Rector, Warren L. Redden, Yvonne. Regnier, Leoncea B. Remondet, Garland Jr. Renard, Lanny. Reno, Edward. Reno, George C. Reno, George H. Reno, George T. Reno, Harry. Revell, Ben David. Reyes, Carlton. Reyes, Dwight D Sr. Reynon, Marcello Jr. Rhodes, Randolph N. Rhoto, Christopher L. Ribardi, Frank A. Rich, Wanda Heafner. Richard, Bruce J. Richard, David L. Richard, Edgar J. Richard, James Ray. Richard, Melissa. Richard, Randall K. Richardson, James T. Richert, Daniel E. Richo, Earl Sr. Richoux, Dudley Donald Jr. Richoux, Irvin J Jr. Richoux, Judy. Richoux, Larry. Richoux, Mary A. Riego, Raymond A. Riffle, Josiah B. Rigaud, Randall Ryan. Riggs, Jeffrey B. Riley, Jackie Sr. Riley, Raymond. Rinkus, Anthony J III. Rios, Amado.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Ripp, Norris M. Robbins, Tony. Robert, Dan S. Roberts, Michael A. Robertson, Kevin. Robeson, Richard S Jr. Robichaux, Craig J. Robin, Alvin G. Robin, Cary Joseph. Robin, Charles R III. Robin, Danny J. Robin, Donald. Robin, Floyd A. Robin, Kenneth J Sr. Robin, Ricky R. Robinson, Johnson P III. Robinson, Walter. Roccaforte, Clay. Rodi, Dominick R. Rodi, Rhonda. Rodrigue, Brent J. Rodrigue, Carrol Sr. Rodrigue, Glenn. Rodrigue, Lerlene. Rodrigue, Reggie Sr. Rodrigue, Sonya. Rodrigue, Wayne. Rodriguez, Barry. Rodriguez, Charles V Sr. Rodriguez, Gregory. Rodriguez, Jesus. Rodriguez, Joseph C Jr. Roeum, Orn. Rogers, Barry David. Rogers, Chad. Rogers, Chad M. Rogers, Kevin J. Rogers, Nathan J. Rojas, Carlton J Sr. Rojas, Curtis Sr. Rojas, Dennis J Jr. Rojas, Dennis J Sr. Rojas, Gordon V. Rojas, Kerry D. Rojas, Kerry D Jr. Rojas, Randy J Sr. Rojas, Raymond J Jr. Roland, Brad. Roland, Mathias C. Roland, Vincent. Rollins, Theresa. Rollo, Wayne A. Rome, Victor J IV. Romero, D H. Romero, Kardel J. Romero, Norman. Romero, Philip J. Ronquille, Glenn. Ronquille, Norman C. Ronquillo, Earl. Ronquillo, Richard J. Ronquillo, Timothy. Roseburrough, Charles R Jr. Ross, Dorothy. Ross, Edward Danny Jr. Ross, Leo L. Ross, Robert A. Roth, Joseph F Jr. Roth, Joseph M Jr. Rotolo, Carolyn. Rotolo, Feliz. Rouse, Jimmy.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Roussel, Michael D Jr. Roy, Henry Lee Jr. Rudolph, Chad A. Ruiz, Donald W. Ruiz, James L. Ruiz, Paul E. Ruiz, Paul R. Russell, Bentley R. Russell, Casey. Russell, Daniel. Russell, James III. Russell, Julie Ann. Russell, Michael J. Russell, Nicholas M. Russell, Paul. Rustick, Kenneth. Ruttley, Adrian K. Ruttley, Ernest T Jr. Ruttley, JT. Ryan, James C Sr. Rybiski, Rhebb R. Ryder, Luther V. Sadler, Stewart. Sagnes, Everett. Saha, Amanda K. Saling, Don M. Saltalamacchia, Preston J. Saltalamacchia, Sue A. Salvato, Lawrence Jr. Samanie, Caroll J. Samanie, Frank J. Samsome, Don. Sanamo, Troy P. Sanchez, Augustine. Sanchez, Jeffery A. Sanchez, Juan. Sanchez, Robert A. Sanders, William Shannon. Sandras, R J. Sandras, R J Jr. Sandrock, Roy R III. Santini, Lindberg W Jr. Santiny, James. Santiny, Patrick. Sapia, Carroll J Jr. Sapia, Eddie J Jr. Sapia, Willard. Saturday, Michael Rance. Sauce, Carlton Joseph. Sauce, Joseph C Jr. Saucier, Houston J. Sauls, Russell. Savage, Malcolm H. Savant, Raymond. Savoie, Allen. Savoie, Brent T. Savoie, James. Savoie, Merlin F Jr. Savoie, Reginald M II. Sawyer, Gerald. Sawyer, Rodney. Scarabin, Clifford. Scarabin, Michael J. Schaffer, Kelly. Schaubhut, Curry A. Schellinger, Lester B Jr. Schexnaydre, Michael. Schirmer, Robert Jr. Schjott, Joseph J Sr. Schlindwein, Henry. Schmit, Paul A Jr. Schmit, Paul A Sr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Schmit, Victor J Jr. Schouest, Ellis J III. Schouest, Ellis Jr. Schouest, Juston. Schouest, Mark. Schouest, Noel. Schrimpf, Robert H Jr. Schultz, Troy A. Schwartz, Sidney. Scott, Aaron J. Scott, Audie B. Scott, James E III. Scott, Milford P. Scott, Paul. Seabrook, Terry G. Seal, Charles T. Seal, Joseph G. Seaman, Garry. Seaman, Greg. Seaman, Ollie L Jr. Seaman, Ollie L Sr. Seang, Meng. Sehon, Robert Craig. Sekul, Morris G. Sekul, S George. Sellers, Isaac Charles. Seng, Sophan. Serigne, Adam R. Serigne, Elizabeth. Serigne, James J III. Serigne, Kimmie J. Serigne, Lisa M. Serigne, Neil. Serigne, O’Neil N. Serigne, Richard J Sr. Serigne, Rickey N. Serigne, Ronald Raymond. Serigne, Ronald Roch. Serigne, Ross. Serigny, Gail. Serigny, Wayne A. Serpas, Lenny Jr. Sessions, William O III. Sessions, William O Jr. Sevel, Michael D. Sevin, Carl Anthony. Sevin, Earline. Sevin, Janell A. Sevin, Joey. Sevin, Nac J. Sevin, O’Neil and Symantha. Sevin, Phillip T. Sevin, Shane. Sevin, Shane Anthony. Sevin, Stanley J. Sevin, Willis. Seymour, Janet A. Shackelford, David M. Shaffer, Curtis E. Shaffer, Glynnon D. Shay, Daniel A. Shilling, Jason. Shilling, L E. Shugars, Robert L. Shutt, Randy. Sifuentes, Esteban. Sifuentes, Fernando. Silver, Curtis A Jr. Simon, Curnis. Simon, John. Simon, Leo. Simpson, Mark.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Sims, Donald L. Sims, Mike. Singley, Charlie Sr. Singley, Glenn. Singley, Robert Joseph. Sirgo, Jace. Sisung, Walter. Sisung, Walter Jr. Skinner, Gary M Sr. Skinner, Richard. Skipper, Malcolm W. Skrmetta, Martin J. Smelker, Brian H. Smith, Brian. Smith, Carl R Jr. Smith, Clark W. Smith, Danny. Smith, Danny M Jr. Smith, Donna. Smith, Elmer T Jr. Smith, Glenda F. Smith, James E. Smith, Margie T. Smith, Mark A. Smith, Nancy F. Smith, Raymond C Sr. Smith, Tim. Smith, Walter M Jr. Smith, William T. Smithwick, Ted Wayne. Smoak, Bill. Smoak, William W III. Snell, Erick. Snodgrass, Sam. Soeung, Phat. Soileau, John C Sr. Sok, Kheng. Sok, Montha. Sok, Nhip. Solet, Darren. Solet, Donald M. Solet, Joseph R. Solet, Raymond J. Solorzano, Marilyn. Son, Kim. Son, Sam Nang. Son, Samay. Son, Thuong Cong. Soprano, Daniel. Sork, William. Sou, Mang. Soudelier, Louis Jr. Soudelier, Shannon. Sour, Yem Kim. Southerland, Robert. Speir, Barbara Kay. Spell, Jeffrey B. Spell, Mark A. Spellmeyer, Joel F Sr. Spencer, Casey. Spiers, Donald A. Sprinkle, Avery M. Sprinkle, Emery Shelton Jr. Sprinkle, Joseph Warren. Squarsich, Kenneth J. Sreiy, Siphan. St Amant, Dana A. St Ann, Mr and Mrs Jerome K. St Pierre, Darren. St Pierre, Scott A. Staves, Patrick. Stechmann, Chad.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Stechmann, Karl J. Stechmann, Todd. Steele, Arnold D Jr. Steele, Henry H III. Steen, Carl L. Steen, James D. Steen, Kathy G. Stein, Norris J Jr. Stelly, Adlar. Stelly, Carl A. Stelly, Chad P. Stelly, Delores. Stelly, Sandrus J Sr. Stelly, Sandrus Jr. Stelly, Toby J. Stelly, Veronica G. Stelly, Warren. Stephenson, Louis. Stevens, Alvin. Stevens, Curtis D. Stevens, Donald. Stevens, Glenda. Stewart, Chester Jr. Stewart, Derald. Stewart, Derek. Stewart, Fred. Stewart, Jason F. Stewart, Ronald G. Stewart, William C. Stiffler, Thanh. Stipelcovich, Lawrence L. Stipelcovich, Todd J. Stockfett, Brenda. Stokes, Todd. Stone-Rinkus, Pamela. Strader, Steven R. Strickland, Kenneth. Strickland, Rita G. Stuart, James Vernon. Stutes, Rex E. Sulak, Billy W. Sun, Hong Sreng. Surmik, Donald D. Swindell, Keith M. Sylve, Dennis A. Sylve, James L. Sylve, Nathan. Sylve, Scott. Sylvesr, Paul A. Ta, Ba Van. Ta, Chris. Tabb, Calvin. Taliancich, Andrew. Taliancich, Ivan. Taliancich, Joseph M. Taliancich, Srecka. Tan, Ho Dung. Tan, Hung. Tan, Lan T. Tan, Ngo The. Tang, Thanh. Tanner, Robert Charles. Taravella, Raymond. Tassin, Alton J. Tassin, Keith P. Tate, Archie P. Tate, Terrell. Tauzier, Kevin M. Taylor, Doyle L. Taylor, Herman R. Taylor, Herman R Jr. Taylor, J P Jr.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Taylor, John C. Taylor, Leander J Sr. Taylor, Leo Jr. Taylor, Lewis. Taylor, Nathan L. Taylor, Robert L. Taylor, Robert M. Teap, Phal. Tek, Heng. Templat, Paul. Terluin, John L III. Terrebonne, Adrein Scott. Terrebonne, Alphonse J. Terrebonne, Alton S Jr. Terrebonne, Alton S Sr. Terrebonne, Carol. Terrebonne, Carroll. Terrebonne, Chad. Terrebonne, Chad Sr. Terrebonne, Daniel J. Terrebonne, Donavon J. Terrebonne, Gary J Sr. Terrebonne, Jimmy Jr. Terrebonne, Jimmy Sr. Terrebonne, Kline A. Terrebonne, Lanny. Terrebonne, Larry F Jr. Terrebonne, Scott. Terrebonne, Steven. Terrebonne, Steven. Terrebonne, Toby J. Terrel, Chad J Sr. Terrell, C Todd. Terrio, Brandon James. Terrio, Harvey J Jr. Terry, Eloise P. Tesvich, Kuzma D. Thac, Dang Van. Thach, Phuong. Thai, Huynh Tan. Thai, Paul. Thai, Thomas. Thanh, Thien. Tharpe, Jack. Theriot, Anthony. Theriot, Carroll A Jr. Theriot, Clay J Jr. Theriot, Craig A. Theriot, Dean P. Theriot, Donnie. Theriot, Jeffery C. Theriot, Larry J. Theriot, Lynn. Theriot, Mark A. Theriot, Roland P Jr. Theriot, Wanda J. Thibodaux, Jared. Thibodeaux, Bart James. Thibodeaux, Brian A. Thibodeaux, Brian M. Thibodeaux, Calvin A Jr. Thibodeaux, Fay F. Thibodeaux, Glenn P. Thibodeaux, Jeffrey. Thibodeaux, Jonathan. Thibodeaux, Josephine. Thibodeaux, Keith. Thibodeaux, Tony J. Thibodeaux, Warren J. Thidobaux, James V Sr. Thiet, Tran. Thomas, Alvin.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Thomas, Brent. Thomas, Dally S. Thomas, Janie G. Thomas, John Richard. Thomas, Kenneth Ward. Thomas, Monica P. Thomas, Ralph L Jr. Thomas, Ralph Lee Jr. Thomas, Randall. Thomas, Robert W. Thomas, Willard N Jr. Thomassie, Gerard. Thomassie, Nathan A. Thomassie, Philip A. Thomassie, Ronald J. Thomassie, Tracy Joseph. Thompson, Bobbie. Thompson, David W. Thompson, Edwin A. Thompson, George. Thompson, James D Jr. Thompson, James Jr. Thompson, John E. Thompson, John R. Thompson, Randall. Thompson, Sammy. Thompson, Shawn. Thong, R. Thonn, John J Jr. Thonn, Victor J. Thorpe, Robert Lee Jr. Thurman, Charles E. Tiet, Thanh Duc. Tilghman, Gene E. Tillett, Billy Carl. Tillman, Lewis A Jr. Tillman, Timothy P and Yvonne M. Tillotson, Pat. Tinney, Mark A. Tisdale, Georgia W. Tiser, Oscar. Tiser, Thomas C Jr. Tiser, Thomas C Sr. To, Cang Van. To, Du Van. Todd, Fred Noel. Todd, Patricia J. Todd, Rebecca G. Todd, Robert C and Patricia J. Todd, Vonnie Frank Jr. Tompkins, Gerald Paul II. Toney, George Jr. Tong, Hai V. Tony, Linh C. Toomer, Christina Abbott. Toomer, Christy. Toomer, Frank G Jr. Toomer, Jeffrey E. Toomer, Kenneth. Toomer, Lamar K. Toomer, Larry Curtis and Tina. Toomer, William Kemp. Torrible, David P. Torrible, Jason. Touchard, Anthony H. Touchard, John B Jr. Touchard, Paul V Jr. Touchet, Eldridge III. Touchet, Eldridge Jr. Toups, Anthony G. Toups, Bryan. Toups, Jeff.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Toups, Jimmie J. Toups, Kim. Toups, Manuel. Toups, Ted. Toups, Tommy. Toureau, James. Tower, H Melvin. Townsend, Harmon Lynn. Townsend, Marion Brooks. Tra, Hop T. Trabeau, James D. Trahan, Allen A Jr. Trahan, Alvin Jr. Trahan, Druby. Trahan, Dudley. Trahan, Elie J. Trahan, Eric J. Trahan, James. Trahan, Karen C. Trahan, Lynn P Sr. Trahan, Ricky. Trahan, Ronald J. Trahan, Tracey L. Trahan, Wayne Paul. Tran, Allen Hai. Tran, Andana. Tran, Anh. Tran, Anh. Tran, Anh N. Tran, Bay V. Tran, Bay Van. Tran, Binh. Tran, Binh Van. Tran, Ca Van. Tran, Cam Van. Tran, Chau V. Tran, Chau Van. Tran, Chau Van. Tran, Chi T. Tran, Christina Phuong. Tran, Chu V. Tran, Cuong. Tran, Cuong. Tran, Danny Duc. Tran, Den. Tran, Dien. Tran, Dinh M. Tran, Dinh Q. Tran, Doan. Tran, Dung Van. Tran, Duoc. Tran, Duoc. Tran, Duong. Tran, Eric. Tran, Francis. Tran, Francis. Tran, Giang. Tran, Giao. Tran, Ha Mike. Tran, Hai. Tran, Hien H. Tran, Hiep Phuoc. Tran, Hieu. Tran, Hoa. Tran, Hoa. Tran, Hue T. Tran, Huey. Tran, Hung. Tran, Hung. Tran, Hung. Tran, Hung P. Tran, Hung Van.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Tran, Hung Van. Tran, Hung Viet. Tran, James N. Tran, John. Tran, Johnny Dinh. Tran, Joseph. Tran, Joseph T. Tran, Khan Van. Tran, Khanh. Tran, Kim. Tran, Kim Chi Thi. Tran, Lan Tina. Tran, Le and Phat Le. Tran, Leo Van. Tran, Loan. Tran, Long. Tran, Long Van. Tran, Luu Van. Tran, Ly. Tran, Ly Van. Tran, Mai Thi. Tran, Mary. Tran, Miel Van. Tran, Mien. Tran, Mike. Tran, Mike Dai. Tran, Minh Huu. Tran, Muoi. Tran, My T. Tran, Nam Van. Tran, Nang Van. Tran, Nghia and T Le Banh. Tran, Ngoc. Tran, Nhanh Van. Tran, Nhieu T. Tran, Nhieu Van. Tran, Nho. Tran, Peter. Tran, Phu Van. Tran, Phuc D. Tran, Phuc V. Tran, Phung. Tran, Quan Van. Tran, Quang Quang. Tran, Quang T. Tran, Quang Van. Tran, Qui V. Tran, Quy Van. Tran, Ran Van. Tran, Sarah T. Tran, Sau. Tran, Scotty. Tran, Son. Tran, Son Van. Tran, Steven Tuan. Tran, Tam. Tran, Te Van. Tran, Than. Tran, Thang Van. Tran, Thanh. Tran, Thanh. Tran, Thanh Van. Tran, Theresa. Tran, Thi. Tran, Thich Van. Tran, Thien. Tran, Thien Van. Tran, Thiet. Tran, Tommy. Tran, Tony. Tran, Tri. Tran, Trinh.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Tran, Trung. Tran, Trung Van. Tran, Tu. Tran, Tuan. Tran, Tuan. Tran, Tuan Minh. Tran, Tuong Van. Tran, Tuyet Thi. Tran, Van T. Tran, Victor. Tran, Vinh. Tran, Vinh Q. Tran, Vinh Q. Tran, Vui Kim. Trang, Tan. Trapp, Tommy. Treadaway, Michael. Tregle, Curtis. Treloar, William Paul. Treuil, Gary J. Trevino, Manuel. Treybig, E H ‘‘Buddy’’ Jr. Triche, Donald G. Trieu, Hiep and Jackie. Trieu, Hung Hoa. Trieu, Jasmine and Ly. Trieu, Lorie and Tam. Trieu, Tam. Trinh, Christopher B. Trinh, Philip P. Trosclair, Clark K. Trosclair, Clark P. Trosclair, Eugene P. Trosclair, James J. Trosclair, Jerome. Trosclair, Joseph. Trosclair, Lori. Trosclair, Louis V. Trosclair, Patricia. Trosclair, Randy. Trosclair, Ricky. Trosclair, Wallace Sr. Truong, Andre. Truong, Andre V. Truong, Be Van. Truong, Benjamin. Truong, Dac. Truong, Huan. Truong, Kim. Truong, Nhut Van. Truong, Steve. Truong, Tham T. Truong, Thanh Minh. Truong, Them Van. Truong, Thom. Truong, Timmy. Trutt, George W Sr. Trutt, Wanda. Turlich, Mervin A. Turner, Calvin L. Tyre, John. Upton, Terry R. Valentino, J G Jr. Valentino, James. Vallot, Christopher A. Vallot, Nancy H. Valure, Hugh P. Van Alsburg, Charles. Van Gordstnoven, Jean J. Van Nguyen, Irving. Van, Than. Van, Vui.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Vanacor, Kathy D. Vanacor, Malcolm J Sr. Vanicor, Bobbie. VanMeter, Matthew T. VanMeter, William Earl. Varney, Randy L. Vath, Raymond S. Veasel, William E III. Vegas, Brien J. Vegas, Percy J. Vegas, Terry J. Vegas, Terry J Jr. Vegas, Terry Jr. Vela, Peter. Verdin, Aaron. Verdin, Av. Verdin, Bradley J. Verdin, Brent A. Verdin, Charles A. Verdin, Charles E. Verdin, Coy P. Verdin, Curtis A Jr. Verdin, Delphine. Verdin, Diana A. Verdin, Ebro W. Verdin, Eric P. Verdin, Ernest Joseph Sr. Verdin, Jeff C. Verdin, Jeffrey A. Verdin, Jessie J. Verdin, John P. Verdin, Joseph. Verdin, Joseph A Jr. Verdin, Joseph Cleveland. Verdin, Joseph D Jr. Verdin, Joseph S. Verdin, Joseph W Jr. Verdin, Justilien G. Verdin, Matthew W Sr. Verdin, Michel A. Verdin, Paul E. Verdin, Perry Anthony. Verdin, Rodney. Verdin, Rodney P. Verdin, Rodney P. Verdin, Skylar. Verdin, Timmy J. Verdin, Toby. Verdin, Tommy P. Verdin, Tony J. Verdin, Troy. Verdin, Vincent. Verdin, Viness Jr. Verdin, Wallace P. Verdin, Webb A Sr. Verdin, Wesley D Sr. Verdine, Jimmy R. Vermeulen, Joseph Thomas. Verret, Darren L. Verret, Donald J. Verret, Ernest J Sr. Verret, James A. Verret, Jean E. Verret, Jimmy J Sr. Verret, Johnny R. Verret, Joseph L. Verret, Paul L. Verret, Preston. Verret, Quincy. Verret, Ronald Paul Sr. Versaggi, Joseph A. Versaggi, Salvatore J.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Vicknair, Brent J Sr. Vicknair, Duane P. Vicknair, Henry Dale. Vicknair, Ricky A. Vidrine, Bill and Kathi. Vidrine, Corey. Vidrine, Richard. Vila, William F. Villers, Joseph A. Vincent, Gage Tyler. Vincent, Gene. Vincent, Gene B. Vincent, Robert N. Vise, Charles E III. Vizier, Barry A. Vizier, Christopher. Vizier, Clovis J III. Vizier, Douglas M. Vizier, Tommie Jr. Vo, Anh M. Vo, Chin Van. Vo, Dam. Vo, Dan M. Vo, Dany. Vo, Day V. Vo, Duong V. Vo, Dustin. Vo, Hai Van. Vo, Hanh Xuan. Vo, Hien Van. Vo, Hoang The. Vo, Hong. Vo, Hung Thanh. Vo, Huy K. Vo, Johnny. Vo, Kent. Vo, Lien Van. Vo, Man. Vo, Mark Van. Vo, Minh Hung. Vo, Minh Ngoc. Vo, Minh Ray. Vo, Mong V. Vo, My Dung Thi. Vo, My Lynn. Vo, Nga. Vo, Nhon Tai. Vo, Nhu Thanh. Vo, Quang Minh. Vo, Sang M. Vo, Sanh M. Vo, Song V. Vo, Tan Thanh. Vo, Tan Thanh. Vo, Thanh Van. Vo, Thao. Vo, Thuan Van. Vo, Tien Van. Vo, Tom. Vo, Tong Ba. Vo, Trao Van. Vo, Truong. Vo, Van Van. Vo, Vi Viet. Vodopija, Benjamin S. Vogt, James L. Voisin, Eddie James. Voisin, Joyce. Voison, Jamie. Von Harten, Harold L. Vona, Michael A. Vongrith, Richard.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Vossler, Kirk. Vu, Hung. Vu, John H. Vu, Khanh. Vu, Khoi Van. Vu, Quan Quoc. Vu, Ruyen Viet. Vu, Sac. Vu, Sean. Vu, Tam. Vu, Thiem Ngoc. Vu, Thuy. Vu, Tom. Vu, Tu Viet. Vu, Tuyen Jack. Vu, Tuyen Viet. Wade, Calvin J Jr. Wade, Gerard. Waguespack, David M Sr. Waguespack, Randy P II. Wainwright, Vernon. Walker, Jerry. Walker, Rogers H. Wallace, Dennis. Wallace, Edward. Wallace, John A. Wallace, John K. Wallace, Trevis L. Waller, Jack Jr. Waller, John M. Waller, Mike. Wallis, Craig A. Wallis, Keith. Walters, Samuel G. Walton, Marion M. Wannage, Edward Joseph. Wannage, Fred Jr. Wannage, Frederick W Sr. Ward, Clarence Jr. Ward, Olan B. Ward, Walter M. Washington, Clifford. Washington, John Emile III. Washington, Kevin. Washington, Louis N. Wattigney, Cecil K Jr. Wattigney, Michael. Watts, Brandon A. Watts, Warren. Webb, Bobby. Webb, Bobby N. Webb, Josie M. Webre, Donald. Webre, Dudley A. Webster, Harold. Weeks, Don Franklin. Weems, Laddie E. Weinstein, Barry C. Weiskopf, Rodney. Weiskopf, Rodney Sr. Weiskopf, Todd. Welch, Amos J. Wells, Douglas E. Wells, Stephen Ray. Wendling, Steven W. Wescovich, Charles W. Wescovich, Wesley Darryl. Whatley, William J. White, Allen Sr. White, Charles. White, Charles Fulton. White, David L.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

White, Gary Farrell. White, James Hugh. White, Perry J. White, Raymond. White, Robert Sr. Wicher, John. Wiggins, Chad M Sr. Wiggins, Ernest. Wiggins, Harry L. Wiggins, Kenneth A. Wiggins, Matthew. Wilbur, Gerald Anthony. Wilcox, Robert. Wiles, Alfred Adam. Wiles, Glen Gilbert. Wiles, Sonny Joel Sr. Wilkerson, Gene Dillard and Judith. Wilkinson, William Riley. Williams, Allen Jr. Williams, Andrew. Williams, B Dean. Williams, Clyde L. Williams, Dale A. Williams, Emmett J. Williams, Herman J Jr. Williams, J T. Williams, John A. Williams, Johnny Paul. Williams, Joseph H. Williams, Kirk. Williams, Leopold A. Williams, Mark A. Williams, Mary Ann C. Williams, Melissa A. Williams, Nina. Williams, Oliver Kent. Williams, Parish. Williams, Roberto. Williams, Ronnie. Williams, Scott A. Williams, Steven. Williams, Thomas D. Williamson, Richard L Sr. Willyard, Derek C. Willyard, Donald R. Wilson, Alward. Wilson, Hosea. Wilson, Joe R. Wilson, Jonathan. Wilson, Katherine. Wiltz, Allen. Wing, Melvin. Wiseman, Allen. Wiseman, Clarence J Jr. Wiseman, Jean P. Wiseman, Joseph A. Wiseman, Michael T Jr. Wiseman, Michael T Sr. Wolfe, Charles. Woods, John T III. Wright, Curtis. Wright, Leonard. Wright, Randy D. Yeamans, Douglas. Yeamans, Neil. Yeamans, Ronnie. Yoeuth, Peon. Yopp, Harold. Yopp, Jonathon. Yopp, Milton Thomas. Young, James. Young, Taing.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Young, Willie. Yow, Patricia D. Yow, Richard C. Zanca, Anthony V Sr. Zar, Ashley A. Zar, Carl J. Zar, John III. Zar, Steve. Zar, Steven. Zar, Troy A. Zerinque, John S Jr. Zirlott, Curtis. Zirlott, Jason D. Zirlott, Jeremy. Zirlott, Kimberly. Zirlott, Milton. Zirlott, Perry. Zirlott, Rosa H. Zito, Brian C. Zuvich, Michael A Jr.

Ad Hoc Shrimp Trade Action Committee. Bryan Fishermens’ Co-Op Inc. Louisiana Shrimp Association. South Carolina Shrimpers Association. Vietnamese-American Commerical Fish- erman’s Union.

3-G Enterprize dba Griffin’s Seafood. A & G Trawlers Inc. A & T Shrimping. A Ford Able Seafood. A J Horizon Inc. A&M Inc. A&R Shrimp Co. A&T Shrimping. AAH Inc. AC Christopher Sea Food Inc. Ace of Trade LLC. Adriana Corp. AJ Boats Inc. AJ Horizon Inc. AJ’s Seafood. Alario Inc. Alcide J Adams Jr. Aldebaran Inc. Aldebran Inc. Alexander and Dola. Alfred Englade Inc. Alfred Trawlers Inc. Allen Hai Tran dba Kien Giang. Al’s Shrimp Co. Al’s Shrimp Co LLC. Al’s Shrimp Co LLC. Al’s Whosale & Retail. Alton Cheeks. Amada Inc. Amber Waves. Amelia Isle. American Beauty. American Beauty Inc. American Eagle Enterprise Inc. American Girl. American Seafood. Americana Shrimp. Amvina II. Amvina II. Amy D Inc. Amy’s Seafood Mart. An Kit. Andy Boy. Andy’s SFD.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Angel Annie Inc. Angel Leigh. Angel Seafood Inc. Angela Marie Inc. Angela Marie Inc. Angelina Inc. Anna Grace LLC. Anna Grace LLC. Annie Thornton Inc. Annie Thornton Inc. Anthony Boy I. Anthony Boy I. Anthony Fillinich Sr. Apalachee Girl Inc. Aparicio Trawlers Inc dba Marcosa. Apple Jack Inc. Aquila Seafood Inc. Aquillard Seafood. Argo Marine. Arnold’s Seafood. Arroya Cruz Inc. Art & Red Inc. Arthur Chisholm. A-Seafood Express. Ashley Deeb Inc. Ashley W 648675. Asian Gulf Corp. Atlantic. Atocha Troy A LeCompte Sr. Atwood Enterprises. B & B Boats Inc. B & B Seafood. B&J Seafood. BaBe Inc. Baby Ruth. Bailey, David B Sr—Bailey’s Seafood. Bailey’s Seafood of Cameron Inc. Bait Inc. Bait Inc. Baker Shrimp. Bama Love Inc. Bama Sea Products Inc. Bao Hung Inc. Bao Hung Inc. Bar Shrimp. Barbara Brooks Inc. Barbara Brooks Inc. Barisich Inc. Barisich Inc. Barnacle-Bill Inc. Barney’s Bait & Seafood. Barrios Seafood. Bay Boy. Bay Islander Inc. Bay Sweeper Nets. Baye’s Seafood 335654. Bayou Bounty Seafood LLC. Bayou Caddy Fisheries Inc. Bayou Carlin Fisheries. Bayou Carlin Fisheries Inc. Bayou Shrimp Processors Inc. BBC Trawlers Inc. BBS Inc. Beachcomber Inc. Beachcomber Inc. Bea’s Corp. Beecher’s Seafood. Believer Inc. Bennett’s Seafood. Benny Alexie. Bergeron’s Seafood. Bertileana Corp.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Best Sea-Pack of Texas Inc. Beth Lomonte Inc. Beth Lomonte Inc. Betty B. Betty H Inc. Bety Inc. BF Millis & Sons Seafood. Big Daddy Seafood Inc. Big Grapes Inc. Big Kev. Big Oak Seafood. Big Oak Seafood. Big Oaks Seafood. Big Shrimp Inc. Billy J Foret—BJF Inc. Billy Sue Inc. Billy Sue Inc. Biloxi Freezing & Processing. Binh Duong. BJB LLC. Blain & Melissa Inc. Blanca Cruz Inc. Blanchard & Cheramie Inc. Blanchard Seafood. Blazing Sun Inc. Blazing Sun Inc. Blue Water Seafood. Bluewater Shrimp Co. Bluffton Oyster Co. Boat Josey Wales. Boat Josey Wales LLC. Boat Monica Kiff. Boat Warrior. Bob-Rey Fisheries Inc. Bodden Trawlers Inc. Bolillo Prieto Inc. Bon Secour Boats Inc. Bon Secour Fisheries Inc. Bon Secur Boats Inc. Bonnie Lass Inc. Boone Seafood. Bosarge Boats. Bosarge Boats. Bosarge Boats Inc. Bottom Verification LLC. Bowers Shrimp. Bowers Shrimp Farm. Bowers Valley Shrimp Inc. Brad Friloux. Brad Nicole Seafood. Bradley John Inc. Bradley’s Seafood Mkt. Brava Cruz Inc. Brenda Darlene Inc. Brett Anthony. Bridgeside Marina. Bridgeside Seafood. Bridget’s Seafood Service Inc. Bridget’s Seafood Service Inc. BRS Seafood. BRS Seafood. Bruce W Johnson Inc. Bubba Daniels Inc. Bubba Tower Shrimp Co. Buccaneer Shrimp Co. Buchmer Inc. Buck & Peed Inc. Buddy Boy Inc. Buddy’s Seafood. Bumble Bee Seafoods LLC. Bumble Bee Seafoods LLC. Bundy Seafood.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Bundy’s Seafood. Bunny’s Shrimp. Burgbe Gump Seafood. Burnell Trawlers Inc. Burnell Trawlers Inc/Mamacita/Swamp Irish. Buster Brown Inc. By You Seafood. C & R Trawlers Inc. CA Magwood Enterprises Inc. Cajun Queen of LA LLC. Calcasien Point Bait N More Inc. Cam Ranh Bay. Camardelle’s Seafood. Candy Inc. Cao Family Inc. Cap Robear. Cap’n Bozo Inc. Capn Jasper’s Seafood Inc. Capt Aaron. Capt Adam. Capt Anthony Inc. Capt Bean (Richard A Ragas). Capt Beb Inc. Capt Bill Jr Inc. Capt Brother Inc. Capt Bubba. Capt Buck. Capt Carl. Capt Carlos Trawlers Inc. Capt Chance Inc. Capt Christopher Inc. Capt Chuckie. Capt Craig. Capt Craig Inc. Capt Crockett Inc. Capt Darren Hill Inc. Capt Dennis Inc. Capt Dickie Inc. Capt Dickie V Inc. Capt Doug. Capt Eddie Inc. Capt Edward Inc. Capt Eli’s. Capt Elroy Inc. Capt Ernest LLC. Capt Ernest LLC. Capt GDA Inc. Capt George. Capt H & P Corp. Capt Havey Seafood. Capt Henry Seafood Dock. Capt Huy. Capt JDL Inc. Capt Jimmy Inc. Capt Joe. Capt Johnny II. Capt Jonathan. Capt Jonathan Inc. Capt Joshua Inc. Capt Jude 520556 13026. Capt Ken. Capt Kevin Inc. Capt Ko Inc. Capt Koung Lim. Capt Larry Seafood Market. Capt Larry’s Inc. Capt LC Corp. Capt LD Seafood Inc. Capt Linton Inc. Capt Mack Inc. Capt Marcus Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Capt Morris. Capt Opie. Capt P Inc. Capt Pappie Inc. Capt Pat. Capt Paw Paw. Capt Pete Inc. Capt Peter Long Inc. Capt Pool Bear II’s Seafood. Capt Quang. Capt Quina Inc. Capt Richard. Capt Ross Inc. Capt Roy. Capt Russell Jr Inc. Capt Ryan Inc. Capt Ryan’s. Capt Sam. Capt Sang. Capt Scar Inc. Capt Scott. Capt Scott 5. Capt Scott Seafood. Capt Sparkers Shrimp. Capt St Peter. Capt T&T Corp. Capt Thien. Capt Tommy Inc. Capt Two Inc. Capt Van’s Seafood. Capt Walley Inc. Capt Zoe Inc. Captain Allen’s Bait & Tackle. Captain Arnulfo Inc. Captain Blair Seafood. Captain Dexter Inc. Captain D’s. Captain Homer Inc. Captain Jeff. Captain JH III Inc. Captain Joshua. Captain Larry’O. Captain Miss Cammy Nhung. Captain Regis. Captain Rick. Captain T/Thiet Nguyen. Captain Tony. Captain Truong Phi Corp. Captain Vinh. Cap’t-Brandon. Captian Thomas Trawler Inc. Carlino Seafood. Carly Sue Inc. Carmelita Inc. Carolina Lady Inc. Carolina Sea Foods Inc. Caroline and Calandra Inc. Carson & Co. Carson & Co Inc. Cary Encalade Trawling. Castellano’s Corp. Cathy Cheramie Inc. CBS Seafood & Catering LLC. CBS Seafood & Catering LLC. Cecilia Enterprise Inc. CF Gollot & Son Sfd Inc. CF Gollott and Son Seafood Inc. Chackbay Lady. Chad & Chaz LLC. Challenger Shrimp Co Inc. Chalmette Marine Supply Co Inc. Chalmette Net & Trawl.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Chapa Shrimp Trawlers. Chaplin Seafood. Charlee Girl. Charles Guidry Inc. Charles Sellers. Charles White. Charlotte Maier Inc. Charlotte Maier Inc. Chef Seafood Ent LLC. Cheramies Landing. Cherry Pt Seafood. Cheryl Lynn Inc. Chez Francois Seafood. Chilling Pride Inc. Chin Nguyen Co. Chin Nguyen Co. Chinatown Seafood Co Inc. Chines Cajun Net Shop. Chris Hansen Seafood. Christian G Inc. Christina Leigh Shrimp Co. Christina Leigh Shrimp Company Inc. Christina Leigh Shrimp Company Inc. Cieutat Trawlers. Cinco de Mayo Inc. Cindy Lynn Inc. Cindy Mae Inc. City Market Inc. CJ Seafood. CJs Seafood. Clifford Washington. Clinton Hayes—C&S Enterprises of Bran- don Inc. Cochran’s Boat Yard. Colorado River Seafood. Colson Marine. Comm Fishing. Commercial Fishing Service CFS Sea- foods. Cong Son. Cong-An Inc. Country Girl Inc. Country Inc. Courtney & Ory Inc. Cowdrey Fish. Cptn David. Crab-Man Bait Shop. Craig A Wallis, Keith Wallis dba W&W Dock & 10 boats. Cristina Seafood. CRJ Inc. Cruillas Inc. Crusader Inc. Crustacean Frustration. Crystal Gayle Inc. Crystal Light Inc. Crystal Light Inc. Curtis Henderson. Custom Pack Inc. Custom Pack Inc. Cyril’s Ice House & Supplies. D & A Seafood. D & C Seafood Inc. D & J Shrimping LLC. D & M Seafood & Rental LLC. D Ditcharo Jr Seafoods. D G & R C Inc. D S L & R Inc. D&T Marine Inc. Daddys Boys. DaHa Inc/Cat’Sass. DAHAPA Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Dale’s Seafood Inc. Dang Nguyen. Daniel E Lane. Danny Boy Inc. Danny Max. David & Danny Inc. David C Donnelly. David Daniels. David Ellison Jr. David Gollott Sfd Inc. David W Casanova’s Seafood. David White. David’s Shrimping Co. Davis Seafood. Davis Seafood. Davis Seafood Inc. Dawn Marie. Deana Cheramie Inc. Deanna Lea. Dean’s Seafood. Deau Nook. Debbe Anne Inc. Deep Sea Foods Inc/Jubilee Foods Inc. Delcambre Seafood. Dell Marine Inc. Dennis Menesses Seafood. Dennis’ Seafood Inc. Dennis Shrimp Co Inc. Desperado. DFS Inc. Diamond Reef Seafood. Diem Inc. Dinh Nguyen. Dixie General Store LLC. Dixie Twister. Dominick’s Seafood Inc. Don Paco Inc. Donald F Boone II. Dong Nguyen. Donini Seafoods Inc. Donna Marie. Donovan Tien I & II. Dopson Seafood. Dorada Cruz Inc. Double Do Inc. Double Do Inc. Doug and Neil Inc. Douglas Landing. Doxey’s Oyster & Shrimp. Dragnet II. Dragnet Inc. Dragnet Seafood LLC. Dubberly’s Mobile Seafood. Dudenhefer Seafood. Dugas Shrimp Co LLC. Dunamis Towing Inc. Dupree’s Seafood. Duval & Duval Inc. Dwayne’s Dream Inc. E & M Seafood. E & T Boating. E Gardner McClellan. E&E Shrimp Co Inc. East Coast Seafood. East Coast Seafood. East Coast Seafood. East Coast Seafood. Edisto Queen LLC. Edward Garcia Trawlers. EKV Inc. El Pedro Fishing & Trading Co Inc. Eliminator Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Elizabeth Nguyen. Ellerbee Seafoods. Ellie May. Elmira Pflueckhahn Inc. Elmira Pflueckhahn Inc. Elvira G Inc. Emily’s SFD. Emmanuel Inc. Ensenada Cruz Inc. Enterprise. Enterprise Inc. Equalizer Shrimp Co Inc. Eric F Dufrene Jr LLC. Erica Lynn Inc. Erickson & Jensen Seafood Packers. Ethan G Inc. Excalibur LLC. F/V Apalachee Warrior. F/V Atlantis I. F/V Capt Walter B. F/V Captain Andy. F/V Eight Flags. F/V Mary Ann. F/V Miss Betty. F/V Morning Star. F/V Nam Linh. F/V Olivia B. F/V Phuoc Thanh Mai II. F/V Sea Dolphin. F/V Southern Grace. F/V Steven Mai. F/V Steven Mai II. Famer Boys Catfish Kitchens. Family Thing. Father Dan Inc. Father Lasimir Inc. Father Mike Inc. Fiesta Cruz Inc. Fine Shrimp Co. Fire Fox Inc. Fisherman’s Reef Shrimp Co. Fishermen IX Inc. Fishing Vessel Enterprise Inc. Five Princesses Inc. FKM Inc. Fleet Products Inc. Flower Shrimp House. Flowers Seafood Co. Floyd’s Wholesale Seafood Inc. Fly By Night Inc. Forest Billiot Jr. Fortune Shrimp Co Inc. FP Oubre. Francis Brothers Inc. Francis Brothers Inc. Francis III. Frank Toomer Jr. Fran-Tastic Too. Frederick-Dan. Freedom Fishing Inc. Freeman Seafood. Frelich Seafood Inc. Frenchie D–282226. Fripp Point Seafood. G & L Trawling Inc. G & O Shrimp Co Inc. G & O Trawlers Inc. G & S Trawlers Inc. G D Ventures II Inc. G G Seafood. G R LeBlanc Trawlers Inc. Gail’s Bait Shop.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Gale Force Inc. Gambler Inc. Gambler Inc. Garijak Inc. Gary F White. Gator’s Seafood. Gay Fish Co. Gay Fish Co. GeeChee Fresh Seafood. Gemita Inc. Gene P Callahan Inc. George J Price Sr Ent Inc. Georgia Shrimp Co LLC. Gerica Marine. Gilden Enterprises. Gillikin Marine Railways Inc. Gina K Inc. Gisco Inc. Gisco Inc. Glenda Guidry Inc. Gloria Cruz Inc. Go Fish Inc. God’s Gift. God’s Gift Shrimp Vessel. Gogie. Gold Coast Seafood Inc. Golden Gulf Coast Pkg Co Inc. Golden Phase Inc. Golden Text Inc. Golden Text Inc. Golden Text Inc. Goldenstar. Gollott Brothers Sfd Co Inc. Gollott’s Oil Dock & Ice House Inc. Gonzalez Trawlers Inc. Gore Enterprises Inc. Gore Enterprizes Inc. Gore Seafood Co. Gore Seafood Inc. Gove Lopez. Graham Fisheries Inc. Graham Shrimp Co Inc. Graham Shrimp Co Inc. Gramps Shrimp Co. Grandma Inc. Grandpa’s Dream. Grandpa’s Dream. Granny’s Garden and Seafood. Green Flash LLC. Greg Inc. Gregory Mark Gaubert. Gregory Mark Gaubert. Gregory T Boone. Gros Tete Trucking Inc. Guidry’s Bait Shop. Guidry’s Net Shop. Gulf Central Seaood Inc. Gulf Crown Seafood Co Inc. Gulf Fish Inc. Gulf Fisheries Inc. Gulf Island Shrimp & Seafood II LLC. Gulf King Services Inc. Gulf Pride Enterprises Inc. Gulf Seaway Seafood Inc. Gulf Shrimp. Gulf South Inc. Gulf Stream Marina LLC. Gulf Sweeper Inc (Trawler Gulf Sweeper). Gypsy Girl Inc. H & L Seafood. Hack Berry Seafood. Hagen & Miley Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Hailey Marie Inc. Hanh Lai Inc. Hannah Joyce Inc. Hardy Trawlers. Hardy Trawlers. Harrington Fish Co Inc. Harrington Seafood & Supply Inc. Harrington Shrimp Co Inc. Harrington Trawlers Inc. Harris Fisheries Inc. Hazel’s Hustler. HCP LLC. Heather Lynn Inc. Heavy Metal Inc. Hebert Investments Inc. Hebert’s Mini Mart LLC. Helen E Inc. Helen Kay Inc. Helen Kay Inc. Helen W Smith Inc. Henderson Seafood. Henry Daniels Inc. Hermosa Cruz Inc. Hi Seas of Dulac Inc. Hien Le Van Inc. High Hope Inc. Hoang Anh. Hoang Long I, II. Holland Enterprises. Holly Beach Seafood. Holly Marie’s Seafood Market. Hombre Inc. Home Loving Care Co. Hondumex Ent Inc. Hong Nga Inc. Hongri Inc. Houston Foret Seafood. Howerin Trawlers Inc. HTH Marine Inc. Hubbard Seafood. Hurricane Emily Seafood Inc. Hutcherson Christian Shrimp Inc. Huyen Inc. Icy Seafood II Inc. ICY Seafood Inc. Icy Seafood Inc. Ida’s Seafood Rest & Market. Ike & Zack Inc. Independent Fish Company Inc. Inflation Inc. Integrity Fisheries Inc. Integrity Fishing Inc. International Oceanic Ent. Interstate Vo LLC. Intracoastal Seafood Inc. Iorn Will Inc. Irma Trawlers Inc. Iron Horse Inc. Isabel Maier Inc. Isabel Maier Inc. Isla Cruz Inc. J & J Rentals Inc. J & J Trawler’s Inc. J & R Seafood. J Collins Trawlers. J D Land Co. Jackie & Hiep Trieu. Jacob A Inc. Jacquelin Marie Inc. Jacquelin Marie Inc. James D Quach Inc. James E Scott III.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

James F Dubberly. James Gadson. James J Matherne Jr. James J Matherne Sr. James Kenneth Lewis Sr. James LaRive Jr. James W Green Jr dba Miss Emilie Ann. James W Hicks. Janet Louise Inc. Jani Marie. JAS Inc. JBS Packing Co Inc. JBS Packing Inc. JCM. Jean’s Bait. Jeff Chancey. Jemison Trawler’s Inc. Jenna Dawn LLC. Jennifer Nguyen—Capt T. Jensen Seafood Pkg Co Inc. Jesse LeCompte Jr. Jesse LeCompte Sr. Jesse Shantelle Inc. Jessica Ann Inc. Jessica Inc. Jesus G Inc. Jimmy and Valerie Bonvillain. Jimmy Le Inc. Jim’s Cajen Shrimp. Joan of Arc Inc. JoAnn and Michael W Daigle. Jody Martin. Joe Quach. Joel’s Wild Oak Bait Shop & Fresh Sea- food. John A Norris. John J Alexie. John Michael E Inc. John V Alexie. Johnny & Joyce’s Seafood. Johnny O Co. Johnny’s Seafood. John’s Seafood. Joker’s Wild. Jones-Kain Inc. Joni John Inc (Leon J Champagne). Jon’s C Seafood Inc. Joseph Anthony. Joseph Anthony Inc. Joseph Garcia. Joseph Martino. Joseph Martino Corp. Joseph T Vermeulen. Josh & Jake Inc. Joya Cruz Inc. JP Fisheries. Julie Ann LLC. Julie Hoang. Julie Shrimp Co Inc (Trawler Julie). Julio Gonzalez Boat Builders Inc. Justin Dang. JW Enterprise. K & J Trawlers. K&D Boat Company. K&S Enterprises Inc. Kalliainen Seafoods Inc. KAM Fishing. Kandi Sue Inc. Karl M Belsome LLC. KBL Corp. KDH Inc. Keith M Swindell.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Kellum’s Seafood. Kellum’s Seafood. Kelly Marie Inc. Ken Lee’s Dock LLC. Kenneth Guidry. Kenny-Nancy Inc. Kentucky Fisheries Inc. Kentucky Trawlers Inc. Kevin & Bryan (M/V). Kevin Dang. Khang Dang. Khanh Huu Vu. Kheng Sok Shrimping. Kim & James Inc. Kim Hai II Inc. Kim Hai Inc. Kim’s Seafood. Kingdom World Inc. Kirby Seafood. Klein Express. KMB Inc. Knight’s Seafood Inc. Knight’s Seafood Inc. Knowles Noel Camardelle. Kramer’s Bait Co. Kris & Cody Inc. KTC Fishery LLC. L & M. L & N Friendship Corp. L & O Trawlers Inc. L & T Inc. L&M. LA—3184 CA. La Belle Idee. La Macarela Inc. La Pachita Inc. LA–6327–CA. LaBauve Inc. LaBauve Inc. Lade Melissa Inc. Lady Agnes II. Lady Agnes III. Lady Amelia Inc. Lady Anna I. Lady Anna II. Lady Barbara Inc. Lady Carolyn Inc. Lady Catherine. Lady Chancery Inc. Lady Chelsea Inc. Lady Danielle. Lady Debra Inc. Lady Dolcina Inc. Lady Gail Inc. Lady Katherine Inc. Lady Kelly Inc. Lady Kelly Inc. Lady Kristie. Lady Lavang LLC. Lady Liberty Seafood Co. Lady Lynn Ltd. Lady Marie Inc. Lady Melissa Inc. Lady Shelly. Lady Shelly. Lady Snow Inc. Lady Stephanie. Lady Susie Inc. Lady T Kim Inc. Lady TheLna. Lady Toni Inc. Lady Veronica.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Lafitte Frozen Foods Corp. Lafont Inc. Lafourche Clipper Inc. Lafourche Clipper Inc. Lamarah Sue Inc. Lan Chi Inc. Lan Chi Inc. Lancero Inc. Lanny Renard and Daniel Bourque. Lapeyrouse Seafood Bar Groc Inc. Larry G Kellum Sr. Larry Scott Freeman. Larry W Hicks. Lasseigne & Sons Inc. Laura Lee. Lauren O. Lawrence Jacobs Sfd. Lazaretta Packing Inc. Le & Le Inc. Le Family Inc. Le Family Inc. Le Tra Inc. Leek & Millington Trawler Privateeer. Lee’s Sales & Distribution. Leonard Shrimp Producers Inc. Leoncea B Regnier. Lerin Lane. Li Johnson. Liar Liar. Libertad Fisheries Inc. Liberty I. Lighthouse Fisheries Inc. Lil Aly. Lil Arthur Inc. Lil BJ LLC. Lil Robbie Inc. Lil Robbie Inc. Lil Robin. Lil Robin. Lilla. Lincoln. Linda & Tot Inc. Linda Cruz Inc. Linda Hoang Shrimp. Linda Lou Boat Corp. Linda Lou Boat Corp. Lisa Lynn Inc. Lisa Lynn Inc. Little Andrew Inc. Little Andy Inc. Little Arthur. Little David Gulf Trawler Inc. Little Ernie Gulf Trawler Inc. Little Ken Inc. Little Mark. Little William Inc. Little World. LJL Inc. Long Viet Nguyen. Longwater Seafood dba Ryan H Longwater. Louisiana Gulf Shrimp LLC. Louisiana Lady Inc. Louisiana Man. Louisiana Newpack Shrimp Co Inc. Louisiana Pride Seafood Inc. Louisiana Pride Seafood Inc. Louisiana Seafood Dist LLC. Louisiana Shrimp & Packing Inc. Louisiana Shrimp and Packing Co Inc. Lovely Daddy II & III. Lovely Jennie.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Low Country Lady (Randolph N Rhodes). Low County Lady. Luchador Inc. Lucky. Lucky I. Lucky Jack Inc. Lucky Lady. Lucky Lady II. Lucky Leven Inc. Lucky MV. Lucky Ocean. Lucky Sea Star Inc. Lucky Star. Lucky World. Lucky’s Seafood Market & Poboys LLC. Luco Drew’s. Luisa Inc. Lupe Martinez Inc. LV Marine Inc. LW Graham Inc. Lyle LeCompte. Lynda Riley Inc. Lynda Riley Inc. M & M Seafood. M V Sherry D. M V Tony Inc. M&C Fisheries. M/V Baby Doll. M/V Chevo’s Bitch. M/V Lil Vicki. M/V Loco-N Motion. M/V Patsy K #556871. M/V X L. Mabry Allen Miller Jr. Mad Max Seafood. Madera Cruz Inc. Madison Seafood. Madlin Shrimp Co Inc. Malibu. Malolo LLC. Mamacita Inc. Man Van Nguyen. Manteo Shrimp Co. Marco Corp. Marcos A. Maria Elena Inc. Maria Sandi. Mariachi Trawlers Inc. Mariah Jade Shrimp Company. Marie Teresa Inc. Marine Fisheries. Marisa Elida Inc. Mark and Jace. Marleann. Martin’s Fresh Shrimp. Mary Bea Inc. Master Brandon Inc. Master Brock. Master Brock. Master Dylan. Master Gerald Trawlers Inc. Master Hai. Master Hai II. Master Henry. Master Jared Inc. Master Jhy Inc. Master John Inc. Master Justin Inc. Master Justin Inc. Master Ken Inc. Master Kevin Inc. Master Martin Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Master Mike Inc. Master NT Inc. Master Pee-Wee. Master Ronald Inc. Master Scott. Master Scott II. Master Seelos Inc. Master T. Master Tai LLC. Master Tai LLC. Mat Roland Seafood Co. Maw Doo. Mayflower. McQuaig Shrimp Co Inc. Me Kong. Melerine Seafood. Melody Shrimp Co. Mer Shrimp Inc. Michael Lynn. Michael Nguyen. Michael Saturday’s Fresh Every Day South Carolina Shrimp. Mickey Nelson Net Shop. Mickey’s Net. Midnight Prowler. Mike’s Seafood Inc. Miley’s Seafood Inc. Militello and Son Inc. Miller & Son Seafood Inc. Miller Fishing. Milliken & Son’s. Milton J Dufrene and Son Inc. Milton Yopp—Capt’n Nathan & Thomas Winfield. Minh & Liem Doan. Mis Quynh Chi II. Miss Adrianna Inc. Miss Alice Inc. Miss Ann Inc. Miss Ann Inc. Miss Ashleigh. Miss Ashleigh Inc. Miss Barbara. Miss Barbara Inc. Miss Bernadette A Inc. Miss Bertha (M/V). Miss Beverly Kay. Miss Brenda. Miss Candace. Miss Candace Nicole Inc. Miss Carla Jean Inc. Miss Caroline Inc. Miss Carolyn Louise Inc. Miss Caylee. Miss Charlotte Inc. Miss Christine III. Miss Cleda Jo Inc. Miss Courtney Inc. Miss Courtney Inc. Miss Cynthia. Miss Danielle Gulf Trawler Inc. Miss Danielle LLC. Miss Dawn. Miss Ellie Inc. Miss Faye LLC. Miss Fina Inc. Miss Georgia Inc. Miss Hannah. Miss Hannah Inc. Miss Hazel Inc. Miss Hilary Inc. Miss Jennifer Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Miss Joanna Inc. Miss Julia. Miss Kandy Tran LLC. Miss Kandy Tran LLC. Miss Karen. Miss Kathi Inc. Miss Kathy. Miss Kaylyn LLC. Miss Khayla. Miss Lil. Miss Lillie Inc. Miss Liz Inc. Miss Loraine. Miss Loraine Inc. Miss Lori Dawn IV Inc. Miss Lori Dawn V Inc. Miss Lori Dawn VI Inc. Miss Lori Dawn VII Inc. Miss Lorie Inc. Miss Luana D Shrimp Co. Miss Luana D Shrimp Co. Miss Madeline Inc. Miss Madison. Miss Marie. Miss Marie Inc. Miss Marilyn Louis Inc. Miss Marilyn Louise. Miss Marilyn Louise Inc. Miss Marissa Inc. Miss Martha Inc. Miss Martha Inc. Miss Mary T. Miss Myle. Miss Narla. Miss Nicole. Miss Nicole Inc. Miss Plum Inc. Miss Quynh Anh I. Miss Quynh Anh I LLC. Miss Quynh Anh II LLC. Miss Redemption LLC. Miss Rhianna Inc. Miss Sambath. Miss Sandra II. Miss Sara Ann. Miss Savannah. Miss Savannah II. Miss Soriya. Miss Suzanne. Miss Sylvia. Miss Than. Miss Thom. Miss Thom Inc. Miss Tina Inc. Miss Trinh Trinh. Miss Trisha Inc. Miss Trisha Inc. Miss Verna Inc. Miss Vicki. Miss Victoria Inc. Miss Vivian Inc. Miss WillaDean. Miss Winnie Inc. Miss Yvette Inc. Miss Yvonne. Misty Morn Eat. Misty Star. MJM Seafood Inc. M’M Shrimp Co Inc. Mom & Dad Inc. Mona-Dianne Seafood. Montha Sok and Tan No Le.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Moon River Inc. Moon Tillett Fish Co Inc. Moonlight. Moonlight Mfg. Moore Trawlers Inc. Morgan Creek Seafood. Morgan Rae Inc. Morning Star. Morrison Seafood. Mother Cabrini. Mother Teresa Inc. Mr & Mrs Inc. Mr & Mrs Inc. Mr Coolly. Mr Fox. Mr Fox. Mr G. Mr Gaget LLC. Mr Henry. Mr Natural Inc. Mr Neil. Mr Phil T Inc. Mr Sea Inc. Mr Verdin Inc. Mr Williams. Mrs Judy Too. Mrs Tina Lan Inc. Ms Alva Inc. Ms An. My Angel II. My Blues. My Dad Whitney Inc. My Girls LLC. My Thi Tran Inc. My Three Sons Inc. My V Le Inc. My-Le Thi Nguyen. Myron A Smith Inc. Nancy Joy. Nancy Joy Inc. Nancy Joy Inc. Nanny Granny Inc. Nanny Kat Seafood LLC. Napolean Seafoods. Napoleon II. Napoleon Seafood. Napoleon SF. Naquin’s Seafood. Nautilus LLC. Nelma Y Lane. Nelson and Son. Nelson Trawlers Inc. Nelson’s Quality Shrimp Company. Nevgulmarco Co Inc. New Deal Comm Fishing. New Way Inc. Nguyen Day Van. Nguyen Express. Nguyen Int’l Enterprises Inc. Nguyen Shipping Inc. NHU UYEN. Night Moves of Cut Off Inc. Night Shift LLC. Night Star. North Point Trawlers Inc. North Point Trawlers Inc. Nuestra Cruz Inc. Nunez Seafood. Oasis. Ocean Bird Inc. Ocean Breeze Inc. Ocean Breeze Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Ocean City Corp. Ocean Emperor Inc. Ocean Harvest Wholesale Inc. Ocean Pride Seafood Inc. Ocean Seafood. Ocean Select Seafood LLC. Ocean Springs Seafood Market Inc. Ocean Wind Inc. Oceanica Cruz Inc. Odin LLC. Old Maw Inc. Ole Holbrook’s Fresh Fish Market LLC. Ole Nelle. One Stop Bait & Ice. Open Sea Inc. Orage Enterprises Inc. Orn Roeum Shrimping. Otis Cantrelle Jr. Otis M Lee Jr. Owens Shrimping. Palmetto Seafood Inc. Papa Rod Inc. Papa T. Pappy Inc. Pappy’s Gold. Parfait Enterprises Inc. Paris/Asia. Parramore Inc. Parrish Shrimping Inc. Pascagoula Ice & Freezer Co Inc. Pat-Lin Enterprises Inc. Patricia Foret. Patrick Sutton Inc. Patty Trish Inc. Paul Piazza and Son Inc. Paw Paw Allen. Paw Paw Pride Inc. Pearl Inc dba Indian Ridge Shrimp Co. Pei Gratia Inc. Pelican Point Seafood Inc. Penny V LLC. Perlita Inc. Perseverance I LLC. Pete & Queenie Inc. Phat Le and Le Tran. Phi Long Inc. Phi-Ho LLC. Pip’s Place Marina Inc. Plaisance Trawlers Inc. Plata Cruz Inc. Poc-Tal Trawlers Inc. Pointe-Aux-Chene Marina. Pontchautrain Blue Crab. Pony Express. Poppee. Poppy’s Pride Seafood. Port Bolivar Fisheries Inc. Port Marine Supplies. Port Royal Seafood Inc. Poteet Seafood Co Inc. Potter Boats Inc. Price Seafood Inc. Prince of Tides. Princess Ashley Inc. Princess Celine Inc. Princess Cindy Inc. Princess Lorie LLC. Princess Mary Inc. Prosperity. PT Fisheries Inc. Punch’s Seafood Mkt. Purata Trawlers Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Pursuer Inc. Quality Seafood. Quang Minh II Inc. Queen Lily Inc. Queen Mary. Queen Mary Inc. Quinta Cruz Inc. Quoc Bao Inc. Quynh NHU Inc. Quynh Nhu Inc. R & J Inc. R & K Fisheries LLC. R & L Shrimp Inc. R & P Fisheries. R & R Bait/Seafood. R & S Shrimping. R & T Atocha LLC. R&D Seafood. R&K Fisheries LLC. R&R Seafood. RA Lesso Brokerage Co Inc. RA Lesso Seafood Co Inc. Rachel-Jade. Ralph Lee Thomas Jr. Ralph W Jones. Ramblin Man Inc. Ranchero Trawlers Inc. Randall J Pinell Inc. Randall J Pinell Inc. Randall K and Melissa B Richard. Randall Pinell. Randy Boy Inc. Randy Boy Inc. Rang Dong. Raul L Castellanos. Raul’s Seafood. Raul’s Seafood. Rayda Cheramie Inc. Raymond LeBouef. RCP Seafood I II III. RDR Shrimp Inc. Reagan’s Seafood. Rebecca Shrimp Co Inc. Rebel Seafood. Regulus. Rejimi Inc. Reno’s Sea Food. Res Vessel. Reyes Trawlers Inc. Rick’s Seafood Inc. Ricky B LLC. Ricky G Inc. Riffle Seafood. Rigolets Bait & Seafood LLC. Riverside Bait & Tackle. RJ’s. Roatex Ent Inc. Robanie C Inc. Robanie C Inc. Robanie C Inc. Robert E Landry. Robert H Schrimpf. Robert Johnson. Robert Keenan Seafood. Robert Upton or Terry Upton. Robert White Seafood. Rockin Robbin Fishing Boat Inc. Rodney Hereford Jr. Rodney Hereford Sr. Rodney Hereford Sr. Roger Blanchard Inc. Rolling On Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Romo Inc. Ronald Louis Anderson Jr. Rosa Marie Inc. Rose Island Seafood. RPM Enterprises LLC. Rubi Cruz Inc. Ruf-N-Redy Inc. Rutley Boys Inc. Sadie D Seafood. Safe Harbour Seafood Inc. Salina Cruz Inc. Sally Kim III. Sally Kim IV. Sam Snodgrass & Co. Samaira Inc. San Dia. Sand Dollar Inc. Sandy N. Sandy O Inc. Santa Fe Cruz Inc. Santa Maria I Inc. Santa Maria II. Santa Monica Inc. Scavanger. Scooby Inc. Scooby Inc. Scottie and Juliette Dufrene. Scottie and Juliette Dufrene. Sea Angel. Sea Angel Inc. Sea Bastion Inc. Sea Drifter Inc. Sea Durbin Inc. Sea Eagle. Sea Eagle Fisheries Inc. Sea Frontier Inc. Sea Gold Inc. Sea Gulf Fisheries Inc. Sea Gypsy Inc. Sea Hawk I Inc. Sea Horse Fisheries. Sea Horse Fisheries Inc. Sea King Inc. Sea Pearl Seafood Company Inc. Sea Queen IV. Sea Trawlers Inc. Sea World. Seabrook Seafood Inc. Seabrook Seafood Inc. Seafood & Us Inc. Seaman’s Magic Inc. Seaman’s Magic Inc. Seaside Seafood Inc. Seaweed 2000. Seawolf Seafood. Second Generation Seafood. Shark Co Seafood Inter Inc. Sharon—Ali Michelle Inc. Shelby & Barbara Seafood. Shelby & Barbara Seafood. Shelia Marie LLC. Shell Creek Seafood Inc. Shirley Elaine. Shirley Girl LLC. Shrimp Boat Patrice. Shrimp Boating Inc. Shrimp Express. Shrimp Man. Shrimp Networks Inc. Shrimp Trawler. Shrimper. Shrimper.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Shrimpy’s. Si Ky Lan Inc. Si Ky Lan Inc. Si Ky Lan Inc. Sidney Fisheries Inc. Silver Fox. Silver Fox LLC. Simon. Sims Shrimping. Skip Toomer Inc. Skip Toomer Inc. Skyla Marie Inc. Smith & Sons Seafood Inc. Snowdrift. Snowdrift. Sochenda. Soeung Phat. Son T Le Inc. Son’s Pride Inc. Sophie Marie Inc. Soul Mama Inc. Souther Obsession Inc. Southern Lady. Southern Nightmare Inc. Southern Star. Southshore Seafood. Spencers Seafood. Sprig Co Inc. St Anthony Inc. St Daniel Phillip Inc. St Dominic. St Joseph. St Joseph. St Joseph II Inc. St Joseph III Inc. St Joseph IV Inc. St Martin. St Martyrs VN. St Mary Seafood. St Mary Seven. St Mary Tai. St Michael Fuel & Ice Inc. St Michael’s Ice & Fuel. St Peter. St Peter 550775. St Teresa Inc. St Vincent Andrew Inc. St Vincent Gulf Shrimp Inc. St Vincent One B. St Vincent One B Inc. St Vincent SF. St Vincent Sfd Inc. Start Young Inc. Steamboat Bills Seafood. Stella Mestre Inc. Stephen Dantin Jr. Stephney’s Seafood. Stipelcovich Marine Wks. Stone-Co Farms LP. Stone-Co Farms LP. Stormy Sean Inc. Stormy Seas Inc. Sun Star Inc. Sun Swift Inc. Sunshine. Super Coon Inc. Super Cooper Inc. Swamp Irish Inc. Sylvan P Racine Jr—Capt Romain. T & T Seafood. T Brothers. T Cvitanovich Seafood LLC.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Ta Do. Ta T Vo Inc. Ta T Vo Inc. Tana Inc. Tanya Lea Inc. Tanya Lea Inc. Tanya Lea Inc. Tasha Lou. T–Brown Inc. Tee Frank Inc. Tee Tigre Inc. Tercera Cruz Inc. Terrebonne Seafood Inc. Terri Monica. Terry Luke Corp. Terry Luke Corp. Terry Luke Corp. Terry Lynn Inc. Te-Sam Inc. Texas 1 Inc. Texas 18 Inc. Texas Lady Inc. Texas Pack Inc. Tex-Mex Cold Storage Inc. Tex-Mex Cold Storage Inc. Thai & Tran Inc. Thai Bao Inc. Thanh Phong. The Boat Phat Tai. The Fishermans Dock. The Last One. The Light House Bait & Seafood Shack LLC. The Mayporter Inc. The NGO. The Seafood Shed. Thelma J Inc. Theresa Seafood Inc. Third Tower Inc. Thomas Winfield—Capt Nathan. Thompson Bros. Three C’s. Three Dads. Three Sons. Three Sons Inc. Three Sons Inc. Thunder Roll. Thunderbolt Fisherman’s Seafood Inc. Thy Tra Inc. Thy Tra Inc. Tidelands Seafood Co Inc. Tiffani Claire Inc. Tiffani Claire Inc. Tiger Seafood. Tikede Inc. Timmy Boy Corp. Tina Chow. Tina T LLC. Tino Mones Seafood. TJ’s Seafood. Toan Inc. Todd Co. Todd’s Fisheries. Tom LE LLC. Tom Le LLC. Tom N & Bill N Inc. Tommy Bui dba Mana II. Tommy Cheramie Inc. Tommy Gulf Sea Food Inc. Tommy’s Seafood Inc. Tonya Jane Inc. Tony-N.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Tookie Inc. Tot & Linda Inc. T-Pops Inc. Tran Phu Van. Tran’s Express Inc. Travis—Shawn. Travis—Shawn. Trawler Azteca. Trawler Becky Lyn Inc. Trawler Capt GC. Trawler Capt GC II. Trawler Dalia. Trawler Doctor Bill. Trawler Gulf Runner. Trawler HT Seaman. Trawler Joyce. Trawler Kristi Nicole. Trawler Kyle & Courtney. Trawler Lady Catherine. Trawler Lady Gwen Doe. Trawler Linda B Inc. Trawler Linda June. Trawler Little Brothers. Trawler Little Gavino. Trawler Little Rookie Inc. Trawler Mary Bea. Trawler Master Alston. Trawler Master Jeffery Inc. Trawler Michael Anthony Inc. Trawler Mildred Barr. Trawler Miss Alice Inc. Trawler Miss Jamie. Trawler Miss Kelsey. Trawler Miss Sylvia Inc. Trawler Mrs Viola. Trawler Nichols Dream. Trawler Raindear Partnership. Trawler Rhonda Kathleen. Trawler Rhonda Lynn. Trawler Sandra Kay. Trawler Sarah Jane. Trawler Sea Wolf. Trawler Sea Wolf. Trawler SS Chaplin. Trawler The Mexican. Trawler Wallace B. Trawler Wylie Milam. Triple C Seafood. Triple T Enterprises Inc. Triplets Production. Tropical SFD. Troy A LeCompte Sr. True World Foods Inc. T’s Seafood. Tu Viet Vu. TVN Marine Inc. TVN Marine Inc. Two Flags Inc. Tyler James. Ultima Cruz Inc. UTK Enterprises Inc. V & B Shrimping LLC. Valona Sea Food. Valona Seafood Inc. Van Burren Shrimp Co. Vaquero Inc. Varon Inc. Venetian Isles Marina. Venice Seafood Exchange Inc. Venice Seafood LLC. Vera Cruz Inc. Veronica Inc.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Versaggi Shrimp Corp. Victoria Rose Inc. Viet Giang Corp. Vigilante Trawlers Inc. Village Creek Seafood. Villers Seafood Co Inc. Vina Enterprises Inc. Vincent L Alexie Jr. Vincent Piazza Jr & Sons Seafood Inc. Vin-Penny. Vivian Lee Inc. Von Harten Shrimp Co Inc. VT & L Inc. Vu NGO. Vu-Nguyen Partners. W L & O Inc. Waccamaw Producers. Wait-N-Sea Inc. Waller Boat Corp. Walter R Hicks. Ward Seafood Inc. Washington Seafood. Watermen Industries Inc. Watermen Industries Inc. Waymaker Inc. Wayne Estay Shrimp Co Inc. WC Trawlers Inc. We Three Inc. We Three Inc. Webster’s Inc. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros. Weems Bros Seafood. Weems Bros Seafood Co. Weiskopf Fisheries LLC. Wendy & Eric Inc. Wescovich Inc. West Point Trawlers Inc. Westley J Domangue. WH Blanchard Inc. Whiskey Joe Inc. White and Black. White Bird. White Foam. White Gold. Wilcox Shrimping Inc. Wild Bill. Wild Eagle Inc. William E Smith Jr Inc. William Lee Inc. William O Nelson Jr. William Patrick Inc. William Smith Jr Inc. Willie Joe Inc. Wind Song Inc. Wonder Woman. Woods Fisheries Inc. Woody Shrimp Co Inc. Yeaman’s Inc. Yen Ta.

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Commerce case Commission Product/country Petitioners/supporters No. case No.

Yogi’s Shrimp. You & Me Shrimp. Ysclaskey Seafood. Zirlott Trawlers Inc. Zirlott Trawlers Inc.

[FR Doc. 2012–11118 Filed 5/31/2012 at 8:45 am] BILLING CODE 9111–14–P

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Part III

The President

Proclamation 8829—Commemoration of the 50th Anniversary of the Vietnam War Proclamation 8830—National Hurricane Preparedness Week, 2012 Proclamation 8831—Prayer for Peace, Memorial Day, 2012

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Federal Register Presidential Documents Vol. 77, No. 106

Friday, June 1, 2012

Title 3— Proclamation 8829 of May 25, 2012

The President Commemoration of the 50th Anniversary of the Vietnam War

By the President of the United States of America

A Proclamation As we observe the 50th anniversary of the Vietnam War, we reflect with solemn reverence upon the valor of a generation that served with honor. We pay tribute to the more than 3 million servicemen and women who left their families to serve bravely, a world away from everything they knew and everyone they loved. From Ia Drang to Khe Sanh, from Hue to Saigon and countless villages in between, they pushed through jungles and rice paddies, heat and monsoon, fighting heroically to protect the ideals we hold dear as Americans. Through more than a decade of combat, over air, land, and sea, these proud Americans upheld the highest traditions of our Armed Forces. As a grateful Nation, we honor more than 58,000 patriots—their names etched in black granite—who sacrificed all they had and all they would ever know. We draw inspiration from the heroes who suffered unspeakably as prisoners of war, yet who returned home with their heads held high. We pledge to keep faith with those who were wounded and still carry the scars of war, seen and unseen. With more than 1,600 of our service members still among the missing, we pledge as a Nation to do everything in our power to bring these patriots home. In the reflection of The Wall, we see the military family members and veterans who carry a pain that may never fade. May they find peace in knowing their loved ones endure, not only in medals and memories, but in the hearts of all Americans, who are forever grateful for their service, valor, and sacrifice. In recognition of a chapter in our Nation’s history that must never be forgotten, let us renew our sacred commitment to those who answered our country’s call in Vietnam and those who awaited their safe return. Beginning on Memorial Day 2012, the Federal Government will partner with local governments, private organizations, and communities across Amer- ica to participate in the Commemoration of the 50th Anniversary of the Vietnam War—a 13-year program to honor and give thanks to a generation of proud Americans who saw our country through one of the most challenging missions we have ever faced. While no words will ever be fully worthy of their service, nor any honor truly befitting their sacrifice, let us remember that it is never too late to pay tribute to the men and women who answered the call of duty with courage and valor. Let us renew our commitment to the fullest possible accounting for those who have not returned. Through- out this Commemoration, let us strive to live up to their example by showing our Vietnam veterans, their families, and all who have served the fullest respect and support of a grateful Nation. 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 May 28, 2012, through November 11, 2025, as the Commemoration of the 50th Anniversary of the Vietnam War. I call upon Federal, State, and local officials to honor our Vietnam veterans, our fallen, our wounded, those unaccounted for, our former prisoners of war, their families, and all who served with appro- priate programs, ceremonies, and activities.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of May, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty- sixth.

[FR Doc. 2012–13514 Filed 5–31–12; 11:15 am] Billing code 3295–F2–P

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Proclamation 8830 of May 25, 2012

National Hurricane Preparedness Week, 2012

By the President of the United States of America

A Proclamation Every year, hurricanes put communities at risk of catastrophic damage from storm surges, flooding, high winds, and tornadoes. During National Hurricane Preparedness Week, we rededicate ourselves to preventing loss of life and damage to property by raising awareness about hurricane hazards and taking action to protect our families, our homes, and our neighborhoods. My Administration is working hand-in-hand with communities and State and local officials to take necessary steps to prepare before storms strike. With the National Oceanic and Atmospheric Administration’s National Hurri- cane Center, we continue to advance accurate tropical storm forecasting that gives individuals more time to get out of harm’s way. And through the Federal Emergency Management Agency, we are collaborating with part- ners across all levels of government and throughout the private and non- profit sectors to develop robust systems for disaster preparedness, response, and recovery. By engaging voices not only at the State and national levels, but also within neighborhoods, we empower communities across America to identify their unique needs and existing resources that may be used to address them. A community-based approach to emergency management begins with an informed public. This week, I encourage all Americans living in areas that could be impacted by a hurricane to prepare by creating an emergency supply kit, learning evacuation routes, and developing a family communica- tions plan to help ensure loved ones can find one another before and after a severe storm. If a hurricane is approaching, take shelter immediately, follow the directions of State and local officials, and evacuate if instructed. To learn more and find additional resources on how to prepare for and respond to severe weather, visit www.Ready.gov and www.Weather.gov. As we mark the beginning of hurricane season, let us recommit to ensuring the safety of our loved ones and our communities, and to building a stronger, more resilient Nation. 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 May 27 through June 2, 2012, as National Hurricane Preparedness Week. I call upon govern- ment agencies, private organizations, schools, media, and residents in the coastal areas of our Nation to share information about hurricane preparedness and response to help save lives and protect communities.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of May, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty- sixth.

[FR Doc. 2012–13515 Filed 5–31–12; 11:15 am] Billing code 3295–F2–P

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Proclamation 8831 of May 25, 2012

Prayer for Peace, Memorial Day, 2012

By the President of the United States of America

A Proclamation Our Nation endures and thrives because of the devotion of our men and women in uniform, who, from generation to generation, carry a burden heavier than any we may ever know. On Memorial Day, we honor those who have borne conflict’s greatest cost, mourn where the wounds of war are fresh, and pray for a just, lasting peace. The American fabric is stitched with the stories of sons and daughters who gave their lives in service to the country they loved. They were patriots who overthrew an empire and sparked revolution. They were courageous men and women who strained to hold a young Union together. They were ordinary citizens who rolled back the creeping tide of tyranny, who stood post through a long twilight struggle, who saw terror and extremism threaten our world’s security and said, ‘‘I’ll go.’’ And though their stories are unique to the challenges they faced, our fallen service members are forever bound by a legacy of valor older than the Republic itself. Now they lay at rest in quiet corners of our country and the world, but they live on in the families who loved them and in the soul of a Nation that is safer for their service. Today, we join together in prayer for the fallen. We remember all who have borne the battle, whose devotion to duty has sustained our country and kept safe our heritage as a free people in a free society. Though our hearts ache in their absence, we find comfort in knowing that their legacy lives on in all of us—in the security that lets us live in peace, the prosperity that allows us to pursue our dreams, and the love that still beats in those who knew them. May God bless the souls of the venerable warriors we have lost, and may He watch over the men and women who serve us now. Today, tomorrow, and in perpetuity, let us give thanks to them by remaining true to the values and virtues for which they fight. In honor of all of our fallen service members, the Congress, by a joint resolution approved May 11, 1950, as amended (36 U.S.C. 116), has requested the President issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106–579, has also designated 3:00 p.m. local time on that day as a time for all Americans to observe, in their own way, the National Moment of Remembrance. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim Memorial Day, May 28, 2012, as a day of prayer for permanent peace, and I designate the hour beginning in each locality at 11:00 a.m. of that day as a time to unite in prayer. I also ask all Americans to observe the National Moment of Remembrance beginning at 3:00 p.m. local time on Memorial Day. I request the Governors of the United States and the Commonwealth of Puerto Rico, and the appropriate officials of all units of government, to direct that the flag be flown at half-staff until noon on this Memorial Day on all buildings, grounds, and naval vessels throughout the United States

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and in all areas under its jurisdiction and control. I also request the people of the United States to display the flag at half-staff from their homes for the customary forenoon period. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of May, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty- sixth.

[FR Doc. 2012–13516 Filed 5–31–12; 11:15 am] Billing code 3295–F2–P

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