Vol. 76 Monday No. 15 January 24, 2011

Pages 4027–4200

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 76, No. 15

Monday, January 24, 2011

Agricultural Research Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals: U.S. Sheep Experiment Station, Dubois, ID, 4088 Federal Acquisition Regulation; Contract Financing, Intents to Grant Exclusive Licenses, 4089 4112–4113

Agriculture Department Education Department See Agricultural Research Service NOTICES See Animal and Plant Health Inspection Service Agency Information Collection Activities; Proposals, See Commodity Credit Corporation Submissions, and Approvals, 4095–4097 See Forest Service Energy Department Animal and Plant Health Inspection Service See Federal Energy Regulatory Commission RULES Highly Pathogenic Avian Influenza, 4046–4056 Environmental Protection Agency Bureau of Ocean Energy Management, Regulation and RULES Enforcement Approvals and Promulgations of Implementation Plans and Operating Permits Program: NOTICES State of Missouri, 4076–4078 Outer Continental Shelf Oil and Gas Lease Sales, 4129 National Emission Standards for Hazardous Air Pollutants for Source Categories: Census Bureau Gasoline Distribution Bulk Terminals, Bulk Plants, and NOTICES Pipeline Facilities; and Gasoline Dispensing Agency Information Collection Activities; Proposals, Facilities, 4156–4185 Submissions, and Approvals: PROPOSED RULES Automated Export System Program, 4089–4091 Approvals and Promulgations of Implementation Plans and Operating Permits Program: Centers for Disease Control and Prevention State of Missouri, 4084 NOTICES NOTICES Meetings: Meetings: Task Force on Community Preventive Services, 4115 Clean Air Scientific Advisory Committee Oxides of Request for Technical Review of Draft Current Intelligence Nitrogen and Sulfur Oxides Secondary Review Panel, Bulletin: 4109–4110 Derivation of Immediately Dangerous to Life and Health Values, 4115–4116 Executive Office of the President See Science and Technology Policy Office Commerce Department See Census Bureau Export-Import Bank See National Oceanic and Atmospheric Administration NOTICES See Patent and Trademark Office Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4110 Commodity Credit Corporation RULES Farm and Ranch Lands Protection Program, 4027–4046 Federal Aviation Administration RULES Commodity Futures Trading Commission Airworthiness Directives: NOTICES PIAGGIO AERO INDUSTRIES S.p.A Model PIAGGIO P– Meetings; Sunshine Act, 4094–4095 180 airplanes, 4056–4061 Standard Instrument Approach Procedures, and Takeoff Copyright Office, Library of Congress Minimums and Obstacle Departure Procedures; RULES Miscellaneous Amendments, 4061–4066 Registrations of Claims of Copyright, 4072–4076 NOTICES Surplus Property Releases: Defense Department Golden Isles Airport, Brunswick, GA, 4148–4149 RULES Federal Acquisition Regulations: Federal Communications Commission Federal Acquisition Circular 2005–49; Small Entity RULES Compliance Guide, 4191 Television Broadcasting Services: Public Access to the Federal Awardee Performance and North Pole and Plattsburgh, NY, 4078–4079 Integrity Information System, 4188–4191 NOTICES Federal Acquisition Circular 2005–49; Introduction, 4188 Meetings; Sunshine Act, 4110–4111

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Federal Deposit Insurance Corporation Federal Acquisition Circular 2005–49; Introduction, 4188 NOTICES NOTICES Updated Listings of Financial Institutions in Liquidation, Agency Information Collection Activities; Proposals, 4111 Submissions, and Approvals: Federal Acquisition Regulation; Contract Financing, Federal Energy Regulatory Commission 4112–4113 NOTICES Federal Procurement Data System Product Service Code Applications: Manual Update, 4113 Erie Boulevard Hydropower, LP, 4097–4099 Public Utility No. 1 of Snohomish County, WA, 4099 Health and Human Services Department Verdant Power, LLC, 4097 See Centers for Disease Control and Prevention Combined Filings, 4099–4102 See Food and Drug Administration Filings: See Health Resources and Services Administration Central Minnesota Municipal Power Agency and Midwest See National Institutes of Health Municipal Transmission Group, 4103–4104 NOTICES ETC Tiger Pipeline, LLC, 4103 Meetings: Fayetteville Express Pipeline LLC, 4103 Independent Scientific Peer Review Panel; In Vitro Washington 10 Storage Corp., 4102–4103 Estrogen Receptor Transcriptional Activation Test Meetings: Method for Endocrine Disruptor Chemical Screening, Smart Grid Interoperability Standards; Technical 4113–4115 Conference, 4102 Petitions for Rate Approval: Health Resources and Services Administration East Ohio Gas Co., 4104 NOTICES Staff Attendances at Midwest ISO Meetings, 4104–4109 Meetings: Advisory Committee on Interdisciplinary, Community– Federal Reserve System Based Linkages, 4121 NOTICES Formations of, Acquisitions by, and Mergers of Bank Homeland Security Department Holding Companies, 4111–4112 NOTICES Proposals to Engage in Permissible Nonbanking Activities, Fiscal Year 2010 Service Contract Inventory; Availability, etc., 4112 4123 Federal Transit Administration Meetings: Homeland Security Advisory Council, 4123–4124 NOTICES Establishment of Emergency Relief Docket for Calendar Housing and Urban Development Department Year 2011, 4149–4150 PROPOSED RULES Limitations on Claims against Proposed Public Equal Access to Housing in HUD Programs Regardless of Transportation Projects, 4150 Sexual Orientation or Gender Identity, 4194–4199 Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, NOTICES Environmental Assessments; Availability, etc.: Submissions, and Approvals: Lake Wales Ridge National Wildlife Refuge, Highlands Funding Availability for the Transformation Initiative; and Polk Counties, FL, 4129–4131 Homeless Families Small Grant Research Demonstration Program, 4125–4126 Food and Drug Administration Funding Availability for the Transformation Initiative; NOTICES Natural Experiment Grant Program, 4124–4125 Agency Information Collection Activities; Proposals, Credit Watch Termination Initiative: Submissions, and Approvals, 4116–4117 Termination of Origination Approval Agreements, 4126– Agency Information Collection Activities; Proposals, 4127 Submissions, and Approvals: Mortgage and Loan Insurance Programs Under the National Prescription Drug Advertisements, 4117–4119 Housing Act: Meetings: Debenture Interest Rates, 4127–4128 Generic Drug User Fee, 4119–4120 National Antimicrobial Resistance Monitoring System Interior Department Strategic Plan 2011–2015; Availability, 4120–4121 See Bureau of Ocean Energy Management, Regulation and Enforcement Forest Service See Fish and Wildlife Service NOTICES See National Park Service Meetings: NOTICES Nicolet Resource Advisory Committee, 4089 Establishment of the Ocean Energy Safety Advisory Committee, 4128–4129 General Services Administration RULES Labor Department Federal Acquisition Regulations: NOTICES Federal Acquisition Circular 2005–49; Small Entity Agency Information Collection Activities; Proposals, Compliance Guide, 4191 Submissions, and Approvals: Public Access to the Federal Awardee Performance and Application for Alien Employment Certification, 4131– Integrity Information System, 4188–4191 4132

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Slope and Shaft Sinking Plans, 4132–4133 National Saltwater Angler Registry Program, 4092–4093 Takes of Marine Mammals Incidental to Specified Library of Congress Activities: See Copyright Office, Library of Congress Exploration Drilling Programs in the Chukchi and Beaufort Seas, Alaska, 4093–4094 National Aeronautics and Space Administration RULES National Park Service Federal Acquisition Regulations: NOTICES Federal Acquisition Circular 2005–49; Small Entity Meetings: Compliance Guide, 4191 Flight 93 National Memorial Advisory Commission, 4131 Public Access to the Federal Awardee Performance and Integrity Information System, 4188–4191 National Science Foundation Federal Acquisition Circular 2005–49; Introduction, 4188 NOTICES Information Technology Security, 4079–4081 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Innovative Technology Experiences for Students and Submissions, and Approvals: Teachers Program, 4137–4138 Federal Acquisition Regulation; Contract Financing, Meetings: 4112–4113 Committee on Equal Opportunities in Science and Meetings: Engineering, 4138 NASA Advisory Council, 4133 Solicitations for Membership: National Environmental Policy Act: Committee on Equal Opportunity in Science and Mars Science Laboratory (MSL) Mission, 4133–4137 Engineering, 4138

National Highway Traffic Safety Administration Patent and Trademark Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4150–4151 Submissions, and Approvals, 4094 Meetings: National Emergency Medical Services Advisory Council, Postal Regulatory Commission 4151–4152 NOTICES New Postal Products, 4138–4139 National Institutes of Health NOTICES Science and Technology Policy Office Meetings: NOTICES National Center for Research Resources, 4121–4122 Strategic Action Plans: National Institute of Allergy and Infectious Diseases, National Policy for the Stewardship of the Ocean, our 4122 Coasts, and the Great Lakes, 4139–4141 National Institute of Dental and Craniofacial Research, 4123 Securities and Exchange Commission National Institute of Diabetes and Digestive and Kidney RULES Diseases, 4122–4123 Rules of Practice, 4066–4072 National Institute of Mental Health, 4122 NOTICES Meetings; Sunshine Act, 4141 National Oceanic and Atmospheric Administration Self-Regulatory Organizations; Proposed Rule Changes: RULES NASDAQ OMX PHLX LLC, 4141–4145 Fisheries of Exclusive Economic Zone Off Alaska: NASDAQ Stock Market LLC, 4145–4146 Pacific Cod by Catcher Vessels Greater than or Equal to 60 Feet (18.3 Meters) Length Overall Using Pot Gear Social Security Administration in Bering Sea and Aleutian Islands Management NOTICES Area, 4081 Meetings: Pollock in Statistical Area 610 in Gulf of Alaska, 4082 Future Systems Technology Advisory Panel, 4146–4147 Pollock in Statistical Area 630 in Gulf of Alaska, 4082– 4083 Surface Transportation Board PROPOSED RULES NOTICES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Temporary Trackage Rights: Reef Fish Fishery of Gulf of Mexico; Greater Amberjack CSX Transportation, Inc.; Norfolk Southern Railway Co., Management Measures, 4084–4087 4152 NOTICES Agency Information Collection Activities; Proposals, Tennessee Valley Authority Submissions, and Approvals: NOTICES Certification Requirements for Hydrographic Product Power Supply Improvements Putnam-Cumberland, TN, Quality Assurance Program, 4091 4147–4148 Marine Mammals: Receipt of Application, 4091–4092 Transportation Department Meetings: See Federal Aviation Administration Fisheries of the South Atlantic and Gulf of Mexico; South See Federal Transit Administration Atlantic Fishery Management Council, 4092 See National Highway Traffic Safety Administration

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See Surface Transportation Board National Aeronautics and Space Administration, 4188–4191 Veterans Affairs Department NOTICES Part IV Agency Information Collection Activities; Proposals, Housing and Urban Development Department, 4194–4199 Submissions, and Approvals: Voice of the Veteran Pilot Surveys, 4152–4154 Reader Aids Consult the Reader Aids section at the end of this page for Separate Parts In This Issue phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Part II Environmental Protection Agency, 4156–4185 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Part III listserv.access.gpo.gov and select Online mailing list Defense Department, 4188–4191 archives, FEDREGTOC-L, Join or leave the list (or change General Services Administration, 4188–4191 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 1491...... 4027 9 CFR 93...... 4046 94...... 4046 95...... 4046 14 CFR 39...... 4056 97 (2 documents) ....4061, 4064 17 CFR 201...... 4066 202...... 4066 240...... 4066 24 CFR Proposed Rules: 5...... 4194 200...... 4194 203...... 4194 236...... 4194 570...... 4194 574...... 4194 982...... 4194 37 CFR 202...... 4072 40 CFR 9...... 4156 52...... 4076 63...... 4156 70...... 4076 Proposed Rules: 52...... 4084 70...... 4084 47 CFR 73...... 4078 48 CFR Ch. 1 (2 documents) ...... 4188, 4191 1...... 4188 9...... 4188 12...... 4188 52...... 4188 1804...... 4079 1852...... 4079 50 CFR 679 (3 documents) ...... 4081, 4082 Proposed Rules: 622...... 4084

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Rules and Regulations Federal Register Vol. 76, No. 15

Monday, January 24, 2011

This section of the FEDERAL REGISTER through Friday, except Federal holidays. Environmental Analysis contains regulatory documents having general Please ask the guard at the entrance to In compliance with the National applicability and legal effect, most of which the South Building to call (202) 720– are keyed to and codified in the Code of Environmental Policy Act, a 1854 in order to be escorted into the Programmatic Environmental Federal Regulations, which is published under building. 50 titles pursuant to 44 U.S.C. 1510. Assessment (EA) was prepared in association with the interim final rule. FOR FURTHER INFORMATION CONTACT: The Code of Federal Regulations is sold by The analysis determined there will not Mark Rose, Program Manager, Farm and the Superintendent of Documents. Prices of be a significant impact to the human Ranch Lands Protection Program, new books are listed in the first FEDERAL environment and as a result, an Easement Programs Division, REGISTER issue of each week. Environmental Impact Statement was Department of Agriculture, Natural not required to be prepared (40 CFR Resources Conservation Service, 1400 1508.13). For this final rule, the agency DEPARTMENT OF AGRICULTURE Independence Avenue, SW., Room 6819 has determined that there are no new South Building, Washington, DC 20250; Commodity Credit Corporation circumstances or significant new Telephone: (202) 720–9476; Fax: (202) information that has a bearing on 720–9689; or E-mail: 7 CFR Part 1491 environmental effects which warrant [email protected]. supplementing the previous EA and RIN 0578–AA46 Persons with disabilities who require Finding of No Significant Impact alternative means for communicating (FONSI). The proposed changes Farm and Ranch Lands Protection (Braille, large print, audiotape, etc.) identified in this final rule are Program should contact the USDA Target Center considered minor changes that should AGENCY: Commodity Credit Corporation, at (202) 720–2600 (voice and TDD). be implemented for the program. The Natural Resources Conservation Service, majority of these changes are SUPPLEMENTARY INFORMATION: United States Department of administrative or technical changes to Agriculture. Regulatory Certifications the regulation. ACTION: Final rule with request for Copies of the EA and FONSI may be Executive Order 12866 public comments. obtained from Matt Harrington, National Pursuant to Executive Order 12866, Environmental Coordinator, Ecological SUMMARY: This final rule amends the Sciences Division, Department of Natural Resources Conservation Service this final rule with request for comment has been determined to be a significant Agriculture, Natural Resources (NRCS) regulations for implementation Conservation Service, 1400 regulatory action. The administrative of the Farm and Ranch Lands Protection Independence Avenue, SW., Room 6151 record is available for public inspection Program (FRPP). This action is South Building, Washington, DC 20250. at the Department of Agriculture, necessary to address the comments The EA and FONSI are also available at Natural Resources Conservation Service, received on the interim final rule as http://www.nrcs.usda.gov/programs/ 1400 Independence Avenue, SW., Room published and to publish changes to the Env_Assess/. entity certification requirements. This 6819 South Building, Washington, DC. document provides a 30 day public In accordance with Executive Order Civil Rights Impact Analysis comment period on the entity 12866, NRCS conducted an economic NRCS has determined through a Civil certification requirements. analysis of the potential impacts Rights Impact Analysis that this final associated with this program. A DATES: Effective Date: The rule is rule discloses no disproportionately effective January 24, 2011. summary of the economic analysis can adverse impacts for minorities, women, Comment Date: Submit comments on be found at the end of the regulatory or persons with disabilities. The § 1491.4(d) through (f) on or before certifications of the preamble, and a historical participation data presented February 23, 2011. copy of the analysis is available upon in the analysis indicates that producers request from Mark Rose, Program ADDRESSES: Address all comments who are members of the protected Manager, Farm and Ranch Lands regarding § 1491.4(d) through (f) using groups have participated in NRCS Protection Program, Easement Programs any of the following methods: conservation programs at parity with Mail: Mark Rose, Farm and Ranch Division, Department of Agriculture, other producers. By extrapolating from Lands Protection Program Manager, Natural Resources Conservation Service, historical participation data, NRCS has Easement Programs Division, 1400 Independence Avenue, SW., Room reasonably concluded that NRCS Department of Agriculture, Natural 6819 South Building, Washington, DC programs, including FRPP, will Resources Conservation Service, Post 20250. continue to be administered in a non- Office Box 2890, Washington, DC 20013; Regulatory Flexibility Act discriminatory manner. Outreach and Fax: (202) 720–9689; e-mail: communication strategies are in place to [email protected]. The Regulatory Flexibility Act is not ensure that all producers will be Hand delivery: Department of applicable to this final rule because provided the same information to allow Agriculture, Natural Resources NRCS is not required by 5 U.S.C. 553, them to make informed compliance Conservation Service, 1400 or by any other provision of law, to decisions regarding the use of their Independence Avenue, SW., Room 6819 publish a notice of proposed rulemaking lands that will affect their participation South Building, Washington, DC 20250 with respect to the subject matter of this in the Department of Agriculture between 9 a.m. and 4 p.m., Monday rule. (USDA) programs. FRPP applies to all

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persons equally regardless of their race, Unfunded Mandates Reform Act of 1995 agency finds that there is a good cause color, national origin, gender, sex, or NRCS assessed the effects of this final to do so. NRCS hereby determines that disability status. Therefore, this final rule on State, local, and Tribal it has good cause to do so in order to rule will not result in adverse civil governments, and the public. This meet the congressional intent to have rights implications for women, action does not compel the expenditure the conservation programs authorized or minorities, and persons with of $100 million or more in any one year amended by Title II of the 2008 Act in disabilities. (adjusted by inflation) by any State, effect as soon as possible. Accordingly, Copies of the Civil Rights Impact local, or Tribal governments, or anyone this rule is effective January 24, 2011. Analysis are available from Mark Rose, in the private sector; therefore, a Section 2708 of the 2008 Act statement under section 202 of the Program Manager, Farm and Ranch Section 2708, Compliance and Unfunded Mandates Reform Act of 1995 Lands Protection Program, Easement Performance, added a paragraph to is not required. Programs Division, Department of section 1244(g) of the Food Security Act Agriculture, Natural Resources Executive Order 13132 of 1985 (1985 Act) entitled, Conservation Service, 1400 This final rule has been reviewed in Administrative Requirements for Independence Avenue, SW., Room 6819 Conservation Programs, which states the South Building, Washington, DC 20250, accordance with the requirements of Executive Order 13132, Federalism. following: or electronically at http:// ‘‘(g) Compliance and performance.— www.nrcs.usda.gov/programs/FRPP. USDA has determined that this final rule conforms with the Federalism For each conservation program under Paperwork Reduction Act principles set forth in the Executive Subtitle D, the Secretary will develop Order; would not impose any procedures— Section 2904 of the Food, compliance costs on the States; and (1) To monitor compliance with Conservation, and Energy Act of 2008 would not have substantial direct effects program requirements; (2008 Act) requires that the on the States, on the relationship (2) To measure program performance; (3) To demonstrate whether long-term implementation of programs authorized between the Federal Government and conservation benefits of the program are under Title II of the Act be made the States, or on the distribution of being achieved; without regard to the Paperwork power and responsibilities on the (4) To track participation by crop and Reduction Act of 1995 (Title 44 U.S.C. various levels of government. Therefore, 3501 et seq.). Therefore, NRCS is not livestock type; and USDA concludes that this final rule (5) To coordinate activities described reporting recordkeeping or estimated does not have Federalism implications. paperwork burden associated with this in this subsection with the national final rule. Executive Order 13175 conservation program authorized under section 5 of the Soil and Water Government Paperwork Elimination Act This final rule has been reviewed in accordance with the requirements of Resources Conservation Act of 1977 (16 Executive Order 13175, Consultation U.S.C. 2004).’’ NRCS is committed to compliance This new provision presents in one with the Government Paperwork and Coordination with Indian Tribal Governments. NRCS has assessed the place the accountability requirements Elimination Act and the Freedom to placed on the agency as it implements E-File Act, which requires government impact of this final rule on Indian Tribal governments and concluded that this conservation programs and reports on agencies, in general, to provide the program results. The requirements public the option of submitting final rule will not negatively affect Indian Tribal governments or their apply to all programs under Subtitle D, information or transacting business including the Wetlands Reserve electronically to the maximum extent communities. The rule neither imposes substantial direct compliance costs on Program, the Conservation Security possible. To better accommodate public Program, the Conservation Stewardship access, NRCS has developed an online Tribal governments nor preempts Tribal law. However, NRCS plans to undertake Program, the FRPP, the Grassland application and information system for Reserve Program, the Environmental public use. a series of at least six regional Tribal consultation sessions before January 15, Quality Incentives Program (EQIP) Executive Order 12988 2011, on the impact of NRCS (including the Agricultural Water conservation programs and services on Enhancement Program), the Wildlife This final rule has been reviewed in Tribal governments and their members Habitat Incentive Program, and the accordance with Executive Order 12988, to establish a baseline of consultation Chesapeake Bay Watershed initiative. Civil Justice Reform. The rule is not for future actions. Reports from these These requirements are not directly retroactive and preempts State and local sessions will be made part of the USDA incorporated into these regulations, laws to the extent that such laws are annual reporting on Tribal Consultation which set out requirements for program inconsistent with this rule. Before an and Collaboration. NRCS will respond participants. However, certain action may be brought in a Federal court in a timely and meaningful manner to provisions within these regulations of competent jurisdiction, the all Tribal governments’ requests for relate to elements of section 1244(g) of administrative appeal rights afforded consultation. the 1985 Act and the agency’s persons at 7 CFR parts 11 and 614 must accountability responsibilities regarding be exhausted. Small Business Regulatory Enforcement program performance. The existing Fairness Act of 1996 Federal Crop Insurance Reform and procedures described below relate to Department of Agriculture Section 2904(c) of the 2008 Act meeting the requirements of section Reorganization Act of 1994 requires that the Secretary use the 1244(g) of the 1985 Act and agency authority in section 808(2) of Title 5, expectations for improving its ability to Pursuant to section 304 of the Federal U.S.C., which allows an agency to forgo report on each program’s performance Crop Insurance Reform Act of 1994 the Small Business Regulatory and achievement of long-term (Pub. L. 103–354), USDA classified this Enforcement Fairness Act of 1996 usual conservation benefits. Also included is rule as non-major. Therefore, a risk 60-day congressional review delay of reference to the sections of these analysis was not conducted. the effective date of a regulation if the regulations that apply to program

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participants and that relate to the Conservation easement deeds. These NRI/ceap/. Since 2004 and the initial agency accountability requirements as sections make clear participating entity establishment of long-term performance outlined in section 1244(g) of the 1985 obligations for acquiring easements and measures by program, NRCS has been Act. conservation stewardship activities, estimating and reporting progress Monitor compliance with program which in aggregate result in the program toward long-term program goals. Natural requirements. NRCS has established performance that is reflected in agency resource inventory and assessment and application procedures to ensure that performance reports. performance measurement and participants meet eligibility Demonstrating the long-term natural reporting policies are set forth in agency requirements and follow-up procedures resource benefits achieved through guidance (GM_290_400; GM_340_401; to ensure that participants are conservation programs is subject to the and GM_340_403) (http:// complying with the terms and availability of needed data, the capacity directives.sc.egov.usda.gov/). conditions of their contractual and capability of modeling approaches, Demonstrating the long-term arrangement with the government, and and the external influences that affect conservation benefits of conservation that the installed conservation measures actual natural resource conditions. programs is an agency responsibility. are operating as intended. These and While NRCS captures many measures of Through CEAP, NRCS is in the process related program compliance evaluation output data, such as acres of of evaluating how these long-term policies are set forth in agency guidance conservation practices, it is still in the benefits can be achieved through the (Conservation Programs process of developing methods to conservation easements acquired _ _ Manual 440 Part 512 and Conservation quantify the contribution of those through FRPP and conservation _ _ Programs Manual 440 Part 508) (http:// outputs to environmental outcomes. practices and systems applied by directives.sc.egov.usda.gov/). The NRCS currently uses a mix of participants under each of its programs. program requirements applicable to approaches to evaluate whether long- The FRPP program requirements FRPP participants that relate to term conservation benefits are being applicable to participants that relate to compliance are set forth in these achieved through its programs. Since producing long-term conservation regulations in § 1491.4 Program 1982, NRCS has reported on certain benefits are located in § 1491.20 requirements, § 1491.20 Cooperative natural resource status and trends Cooperative agreements and § 1491.22 agreements, and § 1491.22 Conservation through the National Resources Conservation easement deed. These easement deeds. These sections make Inventory (NRI), which provides requirements and related program clear the general program eligibility statistically reliable, nationally management procedures supporting requirements, obligations related to consistent land cover/use and related program implementation are set forth in easements, and requirements for agency guidance (Conservation natural resource data. However, lacking _ operating and maintaining FRPP-funded has been a connection between these Programs Manual 440 Part 512 and activities. data and specific conservation Conservation Programs Manual Measure program performance. _ _ programs.1 In the future, the interagency 440 Part 508). Pursuant to the requirements of the Conservation Effects Assessment Project Government Performance and Results Coordination of Actions Authorized (CEAP), which has been underway since Act of 1993 (Pub. L. 103–62, Sec. 1116) Under the Soil and Water Resources 2003, will provide nationally consistent and guidance provided by the Office of Conservation Act estimates of environmental effects Management and Budget (OMB) The 2008 Act reauthorized and resulting from conservation practices Circular A–11, NRCS has established expanded on a number of elements of and systems applied. CEAP results will performance measures for its the Soil and Water Resources be used in conjunction with conservation programs. Program-funded Conservation Act (RCA) related to conservation activity is captured performance data gathered through evaluating program performance and through automated field-level business agency field-level business tools to help conservation benefits. Specifically, the tools and the information is made produce estimates of environmental 2008 Act added a provision stating: publicly available at http:// effects accomplished through agency ‘‘Appraisal and inventory of resources, ias.sc.egov.usda.gov/PRSHOME/. programs, such as the Conservation assessment and inventory of Program performance also is reported Stewardship Program. In 2006, a Blue conservation needs, evaluation of the 2 annually to Congress and the public Ribbon panel evaluation of CEAP effects of conservation practices, and through the annual performance budget, strongly endorsed the project’s purpose, analyses of alternative approaches to annual accomplishments report, and the but concluded ‘‘CEAP must change existing conservation programs are basic USDA Performance Accountability direction’’ to achieve its purposes. In to effective soil, water, and related Report. Related performance response, CEAP has focused on natural resources conservation.’’ measurement and reporting policies are priorities identified by the panel and The program, performance, and set forth in agency guidance clarified that its purpose is to quantify natural resource and effects data (GM_340_401 and GM_340_403) (http:// the effects of conservation practices described previously will serve as a directives.sc.egov.usda.gov/)). applied on the landscape. Information foundation for the next RCA, which will The conservation actions undertaken regarding CEAP, including reviews and also identify and fill, to the extent by participating entities are the basis for current status is available at possible, data and information gaps. measuring program performance— (http://www.nrcs.usda.gov/technical/ Policy and procedures related to the specific actions are tracked and reported RCA are set forth in agency guidance 1 annually, while the effects of those The exception to this is the Conservation (GM_290_400 and GM_130_402) Reserve Program (CRP); since 1987 the NRI has actions relate to whether the long-term reported acreage enrolled in CRP. (http://directives.sc.egov.usda.gov/). benefits of the program are being 2 Soil and Water Conservation Society. 2006. The coordination of the previously achieved. The program requirements Final report from the Blue Ribbon Panel Conducting described components with the RCA is applicable to participants that relate to an External Review of the U.S. Department of an agency responsibility and is not Agriculture Conservation Effects Assessment undertaking conservation actions are set Project. Ankeny, IA: Soil and Water Conservation reflected in these regulations. However, forth in these regulations in § 1491.20 Society. This review is available at http:// it is likely that results from the RCA Cooperative agreements and § 1470.22 www.nrcs.usda.gov/technical/NRI/ceap/. process will result in modifications to

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the program and performance data distributional effects of retaining an evidence that local decisionmakers collected, to the systems used to acquire active agricultural sector in the local anticipate positive net benefits from data and information, and potentially to communities must be acknowledged. protecting farmland, such as preventing the program itself. As the Secretary The FRPP Final Benefit-Cost Analysis undesirable changes to the landscape proceeds to implement RCA in is posted at http://www.nrcs.usda.gov/ and adverse impacts on the natural accordance with the statute, the programs/farmbill/2008/ environment that can result from approaches and processes developed benefitcostanalysis.html. Only development locally. From a national will improve existing program qualitative descriptions of the possible perspective, the assessment of benefits performance measurement and outcome social benefits of farmland protection and costs is incomplete due to lack of reporting capability and provide the are presented in the main text of this information in existing literature. The foundation for improved analysis. These potential benefits are assessment of benefits involves implementation of the program more fully described in Appendix A. amenities that are indirectly traded in performance requirements of section Appendix B presents a method, that markets (e.g., scenic view). The 1244(g) of the 1985 Act. when refined, can potentially be used to assessment of costs involves forecasting quantitatively assess the effects of FRPP. Economic Analysis—Executive the level of economic activities that A rigorous treatment of these benefits is Summary would have taken place in the absence not possible at this time due to a of FRPP. The potential effects on The FRPP is an important tool number of reasons, including the benefits and costs for most of the areas available to farmers, ranchers, and their limitations in the willingness-to-pay of policy discretion covered in this communities to preserve the agricultural methodology and uncertainties about analysis consequently are addressed landscape. The local community is a extent, locations, and patterns of future qualitatively. key driver in farmland 3 protection development pressure. efforts and is a major beneficiary, as The 2008 Act reauthorized the FRPP Summary of Interim Final Rule Changes well as incurring much of the cost. through FY 2012 and increased program On January 16, 2009, NRCS published Because farmland retention efforts are funding. Mandatory changes were made in the Federal Register an interim final driven by local decisionmakers and to the program purpose, role of the rule at 74 FR 2809 with a 60-day public involve site-specific impacts that affect United States Government, enrollment comment period that ended on March a host of intangible values (scenic process, eligible land, and cost-sharing 17, 2009. views, environmental amenities, etc.), requirements for entities. In addition, Section 2401 of the 2008 Act performing a traditional nationwide the 2008 Act provided discretion for the amended sections 1238H and 1238I of final benefit-cost analysis with a agency in interpreting aspects of the the 1985 Act to reauthorize and make national scope is difficult. Despite mandatory provisions and other significant amendments to FRPP. To limitations, a benefit-cost analysis offers discretionary elements. The major implement these amendments, the a means to identify the main costs and policy scenarios analyzed in this interim final rule made the following describe the benefits, albeit in benefit-cost analysis include: changes to the FRPP regulation at 7 CFR qualitative terms, and explore policy 1. Increased Funding—Authorized part 1491: and program alternatives. funding increases from $97 million in The main expenditure is funding for FY 2008 to $200 million in FY 2012. Subpart A—General Provisions the purchase of development rights 2. Land Eligibility—Compensate • Administration—Clarified that a (PDR). The economic costs of farmland landowners for more forest land acreage landowner’s eligibility must be protection programs include the and ensure that enrolled forest land determined, as well as the land foregone economic activities fostered by contributes to natural resource benefits. eligibility and the eligibility of the development that would have taken 3. Certification Process—Establish a entity that receives the cost-share place in the absence of FRPP and any certification process and deliver assistance to purchase the easement. resulting secondary effects such as the increased flexibilities for certified • Definitions—Modified several reduced tax base. FRPP is only one entities. definitions of the previous rule. For 4. Simplifying Participation— source of funds to offset the initial instance, the definition of agriculture Establish a simple process for entities to acquisition costs of PDRs for these uses was amended to use more current select an appraisal method and use their individuals and communities. The and correct terminology and to broaden own terms and conditions in easement cumulative (1996–2010) contributions the definition to reflect the new on 3,489 enrolled parcels consisting of deeds, as approved by the Secretary. 5. Impervious Surface Restrictions— statutory program purposes. 808,515 acres includes: FRPP share— • Program Requirements $787,444,975; entity share— Establish clear guidelines for entities to Æ consult for impervious surface Incorporated the statutory $1,088,313,653; landowner donations— requirement that NRCS provide funding $347,253,305; and combined value— restrictions. 6. Non-Federal Contributions— for conservation easements or other $2,223,011,933. The foregone economic interests in land versus acquiring a activities need to be compared with the Establish a process to accept contributions of non-Federal funds. Federal interest in land, thereby shifting incremental benefits of protecting the program focus from purchasing farmland, which are largely intangible, 7. Program Performance—Establish procedures to monitor and report on conservation easements to facilitating such as environmental goods and the purchase of conservation easements services from the land and non-market program performance. Overall, FRPP assistance to local by eligible entities. valued amenities brought about by farmland protection programs is Æ Added that in States that limit the NRCS funding. Non-market valued important from the distributional effects term of the easement, the term of the amenities include the public’s desire for perspective. The FRPP attempts to assist easement must be the maximum open spaces and scenic views. Also, the these local decisionmakers in their allowed by State law. efforts to protect farmland. The presence Æ Set forth the requirements for a new 3 Farmland refers to agricultural land used in crop and livestock production, i.e., cropland, ranch land, of active farmland retention programs certification process that an entity must and pasture. could be interpreted as empirical meet in order to become a certified

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entity, as well as the process for review Erodible Land and Wetland waiver to up to 10 percent from the and revocation of certification. Conservation provisions at 7 CFR part prior policy of 6 percent. Æ Added a new statutory eligibility 12 are a threshold requirement for land category, ‘‘to further a State or local program participation. In addition, Subpart C—General Administration policy consistent with the purposes of parcels became ranked according to • Violations and Remedies—Clarified ’’ the program. both national and State criteria. that any cost recoveries levied by NRCS Æ Established that farms with at least National ranking criteria were changed would be directed to the cooperating 10 acres in forest cover or 10 percent in to reflect site (parcel) specific criteria entity, not the specific landowner. forest cover required the development of rather than entity performance criteria, • a forest management plan. Farms that and language was added to clarify that Appeals—Replaced the term were less than 100 acres in size with the national requirements were cooperating entity with eligible entity to less than 10 acres of forest were not mandatory for inclusion in the State refer to FRPP participants. This change required to have a forest management ranking. ensured that all FRPP participants had plan developed to be eligible. the same rights of appeal. The interim Æ Clarified that lands currently under Subpart B—Cooperative Agreements final rule also clarified that only ownership by an entity whose purpose and Conservation Easement Deeds administrative actions were appealable, is to protect agricultural uses and • Cooperative Agreements—Revised and once the easement was recorded, related conservation values were not cooperative agreement requirements to enforcement actions taken by NRCS eligible for the program, as lands owned reflect changes necessitated by the 2008 were not subject to review under by these entities were already protected. Act, including the change that FRPP administrative appeal regulations. This Æ Described the onsite and offsite funds are used to assist eligible entities change was consistent with appeal conditions that were not compatible with the purchase of rights in land regulations at 7 CFR part 614 and 7 CFR with the program’s purposes. rather than to purchase these rights Æ part 11, as well as Federal real property Clarified that a landowner may directly by the United States. The law. submit an application on land on which interim final rule also incorporated the the mineral estate is owned by someone new requirement that the terms of Summary of Amendment to the Interim other than the landowner, but that agreements be a minimum of 5 years for Final Rule USDA reserved the right to determine certified entities and 3 years for other On July 2, 2009, NRCS published a the impacts of third party rights upon a eligible entities. potential easement and to deny funding • correction to the interim final rule at 74 Substituting Parcels—Incorporated FR 31578 and opened the public where the purposes of the program 2008 Act authorization to allow a comment period an additional 30 days. could not be achieved. cooperating entity to substitute pending Æ The correction made the following Defined the industry-approved offers within their cooperative adjustments: appraisal methods specified in the 2008 agreement. Act as the Uniform Standards of • Funding—Reflected the 2008 Act’s • Contingent Right of Enforcement— Professional Appraisal Practices or the change to the minimum entity cost- Clarified that the contingent right of Uniform Appraisal Standards for share, an amount not less than 25 enforcement established by the 2008 Federal Land Acquisition. percent of the acquisition purchase Act, and defined by the interim final • Application Procedures— price. rule as a Federal acquisition of a real Established a new application process • Conservation Easement Deeds property right, was instead a condition for the program. This new process Æ Deed Form—Incorporated changes placed upon the award of financial established that the entity must submit made by the 2008 Act that allow eligible assistance, and though a real property an application to the State entities to use their own easement deeds right, did not constitute an acquisition Conservationist in the State where the submitted to and approved by NRCS in subject to Federal acquisition parcel(s) is located, and that the Chief advance. requirements. determined whether an eligible entity Æ Contingent Right of Enforcement— • Lands Owned by State or Local qualified as a certified entity. Further, Incorporated the 2008 Act requirement Government—Incorporated additional the interim final rule established that that the eligible entity include a flexibility into the definition of FRPP would be implemented using a contingent right of enforcement for the landowner such that it did not preclude continuous sign-up process, consistent Secretary in the terms of the the ability of NRCS to help facilitate the with other NRCS conservation conservation easement deed. The placement of a conservation easement or programs. The process allowed certified purpose of this right is to ensure that the other interest in land on properties in and non-certified eligible entities to easement is enforced and that the circumstances where an eligible entity compete under the same application Federal investment is protected. NRCS, purchased fee title to land temporarily and ranking process in order to simplify in the interim final rule, interpreted the and then re-conveyed those lands to a the application process and allowed contingent right of enforcement to mean private landowner, such as purchasing parcels to obtain funding on equal a vested real property right, providing farmland in foreclosure to prevent it resource-based terms, regardless of the the Secretary, on behalf of the United from being sold at a sheriff’s sale for status of the entity. States, the right to enforce the terms of non-agricultural development. • Ranking Considerations and the easement for the duration of the Proposal Selection—Established a new easement. • Requests for Public Input—Sought ranking process whereby NRCS Æ Approval of Conservation Plan— public feedback as to whether FRPP evaluated the eligibility of both the Eliminated the requirement that could be utilized to further the Nation’s landowner and the land prior to the conservation districts approve the efforts with regard to encouraging scoring and ranking of the parcel for conservation plan, as this was not renewable energy production, funding, because payment eligibility always consistent with local practice. promoting energy conservation, requirements for Adjusted Gross Income Æ Impervious Surfaces—Retained the mitigating the effects of climate change, (AGI) 7 CFR part 1400 and land impervious surface limit of 2 percent, facilitating climate change adaptation, eligibility requirements for Highly but increased the impervious surface or reducing net carbon emissions.

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Registration and Reporting 2008 cooperative agreements are subject implementation to better protect the Requirements of the Federal Funding to the 2002 Act requirements. Since long-term viability of higher quality and and Transparency Act of 2006 NRCS acquires a co-grantee interest in more vulnerable agricultural lands. OMB recently published two the conservation easements funded in Upon review and consideration of the regulations, 2 CFR part 25 and 2 CFR FY 2007–2008, the transactions are respondents’ comments, NRCS has subject to Federal real property adopted criteria to improve part 170, to assist agencies and acquisition requirements, including the identification of eligible entities that recipients of Federal financial assistance Department of Justice title standards. have the capability to manage FRPP comply with the Federal Funding NRCS does not have the authority to lands. Additionally, a more Accountability and Transparency Act of waive these title standards. Parcels comprehensive certification program 2006 (FFATA) (Pub. L. 109–282, as funded in FY 2009 and hereafter are gives NRCS greater administrative amended). Both regulations have authorized by the 2008 Act, and are flexibility in implementing the FRPP implementation requirements beginning financial assistance transactions not program. October 1, 2010. subject to Federal real property In particular, NRCS reviews criteria The regulations at 2 CFR part 25 acquisition requirements; therefore, no during the certification process, require, with some exceptions, changes were made to the final rule. including an entity’s acquisition, recipients of Federal financial assistance management, and enforcement to apply for and receive a Dun and Certification standards and processes to ascertain Bradstreet Universal Numbering Comments: NRCS received 64 whether the entity exhibits sufficient Systems (DUNS) number and register in comments regarding the references in capability and experience to manage the Central Contractor Registry (CCR). § 1491.4 to certified entities. These FRPP financial assistance prudently. The regulations at 2 CFR part 170 comments urged NRCS to develop a NRCS has determined that the establish new requirements for Federal robust certification program for certified certification criteria in the interim final financial assistance applicants, entities. NRCS received 27 comments rule unnecessarily limit the ability to recipients, and sub recipients. The recommending that NRCS rewrite the identify eligible entities that have the regulation provides standard wording rule to develop a certification program resources and experience to assume the that each agency must include in its that, for certified entities, would flexibility afforded by certification awarding of financial assistance that minimize title reviews in particular. status. Therefore, a primary requires recipients to report information Response: NRCS agrees that a more qualification for certification status is about first-tier sub awards and executive robust certification process will improve that an eligible entity must hold and compensation under those awards. FRPP implementation. The criteria for manage a minimum of 25 easements. NRCS has determined that 2 CFR part certification outlined in the 2008 Act NRCS derived this number from the 25 and 2 CFR part 170 apply to certain are nearly identical to the criteria for total acres owned and under easement awards of financial assistance provided eligibility that existed in FRPP policy by land trusts, the total number of land under FRPP. Therefore, NRCS has prior to 2008 Act enactment, with the trusts, and the average size FRPP incorporated, by reference, these exception of closing efficiency. easement. Land trust figures are taken registration and reporting requirements Therefore, the interim final rule from the Land Trust Alliance 2005 at § 1491.20 and will include the mirrored the 2008 Act by identifying National Land Trust Census Report. requisite provisions as part of the FRPP very few differences between the Additionally, for an eligible entity to contract. agreements with certified entities and qualify for certification, it must hold agreements with other eligible entities. Responses to Comments and Changes to and manage a minimum of five FRPP The 2008 Act transformed FRPP from conservation easements and have Regulation a Federal real property acquisition acquired these easements using NRCS received approximately 624 program to a program where NRCS industry-approved appraisals, title comments on the interim final rule and provides financial assistance for the clearance reviews, and deed reviews for its amendment. This section of the purchase of a conservation easement by each transaction. This minimum preamble discusses all of the relevant an eligible entity. Consistent with this number of FRPP easements will comments, except for those that shift in program purpose, NRCS has demonstrate the entity has experience expressed agreement with provisions of made further changes in this final rule with FRPP cooperative agreements and the interim final rule. NRCS has to the certification criteria and process FRPP easement acquisition process. organized the discussion alphabetically outlined in § 1491.4 to minimize the Entities may request in writing a waiver by topic. need for NRCS oversight of individual of the 25-easement requirement from the easement transactions. NRCS still Chief. The certification of an entity does Applicability obtains certain safeguards in relation to not extend to eligible entities funded Comments: NRCS received seven an entity’s easement acquisition, real through the certified entity if the comments recommending NRCS property such as review of template eligible entity is not held to the same eliminate application of Department of deeds and the incorporation of a right of standards as the certified entity, and the Justice title standards for projects that enforcement; however, the actual certified entity is not identified as a co- remain under 2007–2008 cooperative easement acquisition process is the grantee in the conservation easement agreements. Projects funded in FY 2009, responsibility of partners. The deed. If an eligible entity does not meet and thereafter, are not subject to review certification procedures set forth in the the certification criteria, NRCS will not under the Department of Justice title interim final rule did not address this certify the eligible entity and will standards. shift fully. review each transaction’s procedures, Response: FRPP, as authorized by the NRCS believes that the revisions to including the appraisal, deed, and title Farm Security and Rural Investment Act § 1491.4 provide a more comprehensive to ensure that the Federal investment is of 2002 (2002 Act), Public Law 107–171, certification program that will better protected. required the Secretary to acquire a implement the 2008 Act’s shift in As to the greater administrative conservation easement or other interest program purpose and help NRCS focus flexibility provided by certification, in land. Parcels funded under FY 2007– on other aspects of program NRCS will not require NRCS’ appraisal

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review, title review, and conservation the requirements as outlined under and monitoring. NRCS will adjust the easement deed review in advance of § 1491.4(d). amount required for the dedicated fund easement acquisition since a certified NRCS added a new paragraph (e) to based on NRCS’ experience, feedback entity demonstrates, during the § 1491.4 to provide additional from the nongovernmental certification process, that it has credible clarification to the certification process organizations, and standards for such processes of its own that ensure its and redesignated paragraphs (e), (f), (g), accounts within the farmland protection conservation easements will meet FRPP and (h) as (f), (g), (h), and (i). A new community. purposes. Therefore, a certified entity paragraph (j) is added to provide policy Comments: NRCS received 33 will be authorized to close on on substituting parcels. comments recommending that NRCS individual easement transactions This new approach to certification conduct only spot checks of appraisals without prior NRCS review and was not identified in the interim final rather than a review of every appraisal. approval of the particular deed, title, or rule and instead, is based upon Response: NRCS will conduct appraisal. If any of these certification comments received from various appraisal reviews differently depending criteria are not met, NRCS may still respondents to the interim final rule. upon whether an eligible entity has certify the entity, albeit with conditions, Since the public has not had the been certified or not. As described such as a requirement that the entity opportunity to comment upon this new earlier in this preamble, NRCS will only adjust those aspects of its program, e.g., approach, NRCS will receive public spot check a percentage of a certified particular deed provisions that are comment on the certification and entity’s transactions. Additionally, the needed to ensure that the acquired decertification approach set forth in this spot checks of a certified entity’s conservation easements meet FRPP rulemaking. NRCS is not soliciting appraisals will be to ensure the certified purposes and are enforceable over the comments on any other aspect of this entity followed its appraisal procedures long term. FRPP final rulemaking since NRCS has properly, including any adjustments to already solicited and received public those procedures required by NRCS as Regardless of the certification status comments on these matters as identified part of certification. of an entity, NRCS will conduct quality herein. However, for other eligible entities, review checks upon a percentage of Comments: NRCS received four NRCS will still require more extensive transactions, and if any aspect of a comments suggesting a change to appraisal reviews, including technical transaction fails, NRCS will provide the § 1491.4(d)(5) of the interim final rule to and administrative reviews, to ensure entity with time to rectify the errors, a clarify that a dedicated fund be a that the appraisal meets the detailed minimum of 180 days. If a certified necessary requirement for certified NRCS standards and specifications entity fails to do so, the State entities that are nongovernmental required under the cooperative Conservationist will send, by certified organizations. The fund is in place for agreement. Appraisal reviews document mail, return receipt requested, written enforcement purposes, and the certified the validity of the expenditure of funds. notice of proposed decertification of the entities that are required to have a For appraisals submitted by eligible certified entity’s certification status or dedicated fund must have a sufficient entities that are not certified, agency eligibility. The certified entity may annual budget designation for annual policy requires a technical review of the contest the Notice of Proposed monitoring and administrative functions first appraisal report that is done by a Decertification in writing to the State for conservation easement management particular appraiser each year. NRCS Conservationist within 20 calendar days purposes. will conduct technical review on a of receipt of the notice of proposed Response: NRCS concurs with the minimum of 10 percent of appraisals decertification. If the State recommendation made by the submitted for approval in each State Conservationist decides to decertify, the respondents. The definition of each year. NRCS standards require entity will be given written notice of the dedicated fund was modified to clarify sufficient detail to allow for its review determination which will set forth the that a dedicated fund is required for of an appraiser’s work and to ensure reasons for decertification, the period of certified entities that are that the less experienced eligible decertification, and the scope of nongovernmental organizations. The entities are appropriately following decertification. If the State purpose of the dedicated fund is to procedures. Conservationist decides not to decertify provide a long-term source of funds for the entity, the entity will be given management and monitoring of Conservation Easement Deeds written notice of that determination. easements acquired and held by Comments: NRCS received 44 The decertification determination will nongovernmental organizations. comments recommending that NRCS be based on the administrative record Dedicated funds are not necessary for not require conservation easement deed which will be comprised of the Notice certified entities which are State and templates used by eligible entities to be of Proposed Decertification and local units of government, because such submitted to National Headquarters, nor supporting documents, any documents entities typically have taxing authority require review and approval of each pertaining to the entity’s lack of for the long-term operation and transaction’s deed in advance of use. compliance with the certification management of easement programs. In Five respondents recommended that criteria, and if submitted, the entity’s contrast, nongovernmental NRCS continue to review conservation written response and supporting organizations typically rely on private easement deeds. documentation. The Easement Programs funding to support their operations and Response: Section 1238I(g)(4) of the Division will maintain a national list of management of easements, thus a 1985 Act authorizes an eligible entity to certified and de-certified entities that dedicated fund ensures a long-term use its own terms and conditions in each NRCS State office will check prior source of funds for such activities. The conservation easements and other to entering into a cooperative specific amounts required in the interests in land as approved by the agreement. The period of decertification dedicated fund are clarified in policy. Secretary as long as the terms and may not exceed 3 years, and the entity The current requirements for the conditions ‘‘(A) are consistent with the may reapply for certification after the capitalization of the endowment funds purposes of the program; (B) permit period of decertification has expired. are $50,000 for legal defense and effective enforcement of the NRCS will recertify an entity that meets $10,000 per easement for management conservation purposes of such

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easements or other interests; and Comments: NRCS received several use. However, the same farmers who (C) include a limit on the impervious comments related to NRCS’ wish to protect their farms from surfaces to be allowed that is consistent identification of various activities as development are often the same with the agricultural activities to be agricultural uses or non-agricultural landowners who care about meeting the conducted.’’ As described above, NRCS uses. NRCS received three comments Nation’s future energy needs. While the agrees that once a template easement recommending that NRCS allow on-farm on-farm production of energy for off- deed form has been reviewed and energy production in conservation farm use is not an agricultural use, approved, certified entities do not need easement deeds. NRCS also received NRCS believes that a complete to seek prior NRCS review and approval three comments that argued that the prohibition of such uses is not required of the conservation deed for each restriction on subdividing a parcel by statute. Thus, NRCS will work with transaction. However, for eligible under a FRPP conservation easement eligible entities to develop appropriate entities that are not certified, NRCS will deed contradicts State regulations or limitations in the deed terms that focus continue to require that the eligible statutes, and has no basis in the 2008 on the impact that such activities have entity submit to NRCS the deed, title, Act. Two comments identified that the upon the particular easement area’s and appraisal for review prior to closing more restrictive conservation easement agricultural viability, such as proposed to ensure that such documents meet deed requirements spelled out in the siting and density restrictions, rather NRCS specifications. No changes were interim final rule and the new than strictly prohibiting such uses. made to the final rule. cooperative agreement template, The more complex activities to Comments: NRCS received one threaten Maine farmers in a number of address in conservation easement deeds comment requesting NRCS be aware ways including failure to address on- are those that, when exercised by a that State statutes often specify the deed farm energy production and use. Seven farmer’s family and its guests, should be requirements for eligible entities. respondents argued that limitations on authorized, but when exercised on a Response: NRCS recognizes that State signage and snowmobiles threaten commercial scale, may represent a statutes require particular provisions, Maine farmers. One respondent asserted conversion to non-agricultural use. and NRCS will work with eligible that the requirement to forego future However, if the activity does not entities to address any conflicts between rights to residential development interfere with the agriculture use, like State statutes and FRPP program contradicts Maryland’s regulations or snowmobiling, it may be considered a requirements. However, NRCS must statutes, and has no basis in the 2008 permitted activity. Other activities, such ensure that deed terms are consistent Act. Three comments recommended as the development of all terrain or off- with FRPP purposes as described above. allowing farms enrolled in FRPP to host road vehicle recreation, significantly impacts the resource and represents No changes were made to the final rule. non-farm rural enterprises. Response: NRCS identifies conversion of a farm to non-agricultural Comments: NRCS received one agricultural and non-agricultural uses use, and thus, should be prohibited. comment asserting that the Federal pursuant to its responsibilities under NRCS recognizes that a balance must be Government has no authority to enforce FRPP. In particular, the purpose of struck between authorized, prohibited, a prohibition on future State or local FRPP as stated in the 2008 Act is to and restricted activities within the terms condemnation. The respondent ‘‘protect the agricultural use and related of a conservation easement deed to maintains that the Federal conservation values of eligible land by ensure protection of the agricultural Government’s contingent right of limiting non-agricultural uses of that viability of the land while allowing enforcement is merely a mechanism to land.’’ Additionally, the identification of flexibility for reasonable use of the land ensure terms and conditions of FRPP agricultural and non-agricultural uses is into the future. NRCS will continue to easements are honored. The respondent relevant in regard to the terms and work with eligible entities to develop asserted that FRPP purposes can be conditions of the cooperative agreement. the appropriate balance. guaranteed by other means such as Section 1238I(g)(1) of the 1985 Act Comments: NRCS received 11 requiring a proportionate share of requires NRCS to stipulate in the comments recommending that NRCS condemnation proceeds be paid to the cooperative agreement the terms and eliminate the NRCS reserved right. Federal Government. The respondent conditions under which cost-share Response: Section 1238I(f)(2) of the contends that the interim final rule’s assistance is provided, and section 1985 Act requires that a ‘‘contingent current condemnation prohibition is 1238I(g)(4) of the 1985 Act authorizes right of enforcement’’ be included in the causing many States to forego NRCS to review the terms of an eligible terms of a conservation easement or participation in FRPP. entity’s conservation easement to ensure other interest in eligible land that is Response: Under the 2008 Act, the terms and conditions are consistent purchased using cost-share assistance Congress required that a right of with FRPP. Activities that are related to provided under the program. The enforcement for the Secretary be agricultural production or directly contingent right of enforcement is included in FRPP funded deeds. This support the agricultural operations are required by statute, protects the Federal right of enforcement is held by the agricultural uses of the land. Other investment, and cannot be eliminated Secretary and runs with the land. As activities, though they commonly may by NRCS. such, it is a vested interest in real occur on agricultural lands, are not Comments: NRCS received three property. Under well-established agricultural uses, and thus, NRCS may comments stating that NRCS should not constitutional principles, State and local require eligible entities to incorporate allow cooperating entities to run FRPP. governments do not have the authority limitations into the terms of approved Response: While NRCS works closely to condemn a Federal interest in land. conservation easement deeds. with cooperating entities, NRCS will not Comments: NRCS received one For example, the on-farm production abdicate its responsibility to maintain comment recommending that NRCS’ of energy presents a combination of quality assurance oversight over the conservation plans identify agricultural and non-agricultural uses, transactions funded through FRPP. conservation values. and NRCS must find a balance between NRCS requires cooperating entities to Response: NRCS agrees with the those uses. Where the energy produced meet eligibility requirements, and respondent. NRCS’ conservation plans on a farm is for on-farm usage, NRCS requires that each transaction funded already identify conservation values. considers such activity an agricultural also meets NRCS eligibility and priority

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requirements. For example, rather than common practice for conservation parcel-by-parcel basis up to a maximum simply adopting the ranking criteria of easement holders to include such of 10 percent. In addition, NRCS has the cooperating entity, NRCS reviews clauses. Moreover, as part of the NRCS revised policy to allow eligible entities and ranks the transactions it funds using duty to protect the public interest, it is to develop and submit their own NRCS national and State criteria. No good administrative practice to include impervious surface waiver process to changes were made to the final rule. such clauses. the State Conservationist for review and Comments: NRCS received one Comments: NRCS received one consideration. The process must be comment recommending that NRCS not comment recommending that language approved by the State Conservationist involve local conservation districts in be added requiring NRCS to review and and applied by the eligible entity on a approving the conservation plan. approve any amendments to easement parcel-by-parcel basis. Response: Section 1491.22(e) of the deeds. interim final rule makes clear that local Response: NRCS agrees with this Cooperative Agreements conservation districts are not involved recommendation. The language in Comments: NRCS received three in approving conservation plans. While § 1491.22(k) of the interim final rule has comments on the topic of amendments district staff is often involved in the been modified to require that NRCS to cooperative agreements. The development of the conservation plan, must review and approve any material respondents recommended that multi- the conservation plan is ultimately amendments to conservation easement year cooperative agreements be revised developed by NRCS, in consultation deeds. to reflect any changes between the final with the landowner, and implemented rule and the interim final rule. Conservation Easement Deeds– according to the NRCS Field Office Response: Cooperative agreements Impervious Surfaces Technical Guide (FOTG). may be modified subject to the mutual Comments: NRCS received one Comments: NRCS received 63 agreement of NRCS and the cooperating comment recommending that under comments concerning impervious entity. The final rule does not require § 1491.22(g) of the interim final rule, the surfaces in § 1491.22(i). The comments any substantive changes to the conservation easement review assert that, despite congressional intent cooperative agreements made prior to conducted by NRCS prior to easement and statutory direction, NRCS continues the final rule. closing should be limited to a to impose a standard of no more than 2 Comments: NRCS received one determination that the conservation percent impervious surfaces on FRPP comment that recommended the agency easement deed conforms to the easement areas. The respondents provide for the ability to make property conservation easement form contained asserted that NRCS should not set a substitutions as part of FRPP. in the executed cooperative agreement. numerical limit, but instead allow Response: Section 1491.20(a)(5) of the Response: The acceptance referenced eligible entities to use their own terms interim final rule already provides for in § 1491.22(g) of the interim final rule and conditions that are consistent with the ability to make parcel substitutions pertains to the land, not to the terms of the agricultural activities to be upon mutual agreement of the parties. the conservation easement deed. conducted. NRCS also received 20 No changes were made to the final rule. However, all of the terms contained in comments supporting an impervious Comments: NRCS received one the conservation easement deed are not surface limitation, and several comment regarding the manner in necessarily contained in the respondents recommended that the which the New Jersey farmland conservation easement form in the impervious surface limit be scaled to the preservation program purchases cooperative agreement. For example, the size of the easement so that smaller easements and its interface with FRPP. deed template does not identify the easements would be authorized to have The respondent expressed concern that grantors and the capacity in which they a larger percentage in impervious FRPP policy requiring the disbursement are conveying the land. During its surface. These respondents also of the entire payment during the life of reviews, NRCS has identified many recommended that State the cooperative agreement could situations where the draft deed for a Conservationists have flexibility to prevent New Jersey counties and particular transaction did not correctly approve a local entity’s waiver townships from using FRPP funding. In identify the grantors or the land area to processes for impervious surfaces if the particular, New Jersey farmland be encumbered. processes are applied on a parcel-by- preservation programs often purchase Comments: NRCS received four parcel basis. conservation easements with proceeds comments that the general Response: The purpose of the from general obligation debt, paying in indemnification requirement of impervious surface standard is to limit installments over an extended period of § 1491.22(j) of the interim final rule the conversion of productive agriculture time. However, cooperative agreements contradicts State regulations or statutes lands to non-agricultural use within the are for a maximum of 5 years. Further, and has no basis in the 2008 Act. The easement area. An impervious surface the respondent requested clarification as respondents argue that NRCS should represents an irretrievable commitment to whether NRCS would consider allow entities to modify the of resources to a particular use, and certain debt obligations incurred by the indemnification language of thus, has an impact upon the long-term cooperating entity to the benefit of the conservation easement deeds. viability and adaptability of the landowner as constituting a cash Response: NRCS recognizes the agricultural operation. NRCS does not contribution rather than an installment limitations that public entities have in intend to limit the expansion, for payment. regards to entering into indemnification example, of a confined animal or Response: Section 1238I(c) of the agreements. NRCS, working with the permanent greenhouse operation. 1985 Act describes the financial Office of the General Counsel, modifies However, NRCS will not permit the assistance provided from NRCS to its indemnification language for public impervious surface of these operations eligible entities as cost-share assistance. entities to comply with State laws while to exceed the maximum allowed under Section 1238I(c) also requires that the ensuring adequate protection to the § 1491.22(i) in the FRPP rule. Existing Federal share for purchasing a United States. Although the 2008 Act NRCS policy permits State conservation easement or other interest does not specifically mention Conservationists to waive the 2 percent in eligible land will not exceed 50 addressing potential liability issues, it is impervious surface limitation on a percent of the appraised fair market

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value. The requirement that an entity protection of which will further a State FRPP does not limit land eligibility to must provide at least 25 percent of the or local policy consistent with the NIPF. Limiting eligibility to NIPF could purchase price of the acquisition is also purposes of the program.’’ The purpose limit the ability of the program to a statutory requirement. The situation of FRPP is to protect the agricultural use protect contiguous sections of suggested by the respondent would and related conservation values of agricultural lands where land violate the statutory requirements for eligible land by limiting non- conversion pressures are higher. the program by requiring NRCS or the agricultural uses of that land. NRCS will landowner to cover the statutorily allow State Conservationists to Forest Land of Statewide Importance required cost-share expenses for the determine which State and local Comments: NRCS received one entity. NRCS, by statute, may only policies are consistent with the stated comment requesting that the final rule provide funding for the costs of the purposes of FRPP for this category of add a definition for forest land of easement purchase and not the eligible land. statewide importance that includes associated administrative costs such as priority forested areas or regions of the Agricultural Use title insurance, surveys, appraisals, State that have been identified by the easement monitoring, and other related Comments: NRCS received 11 State forester and informed through administrative fees and transaction costs comments recommending that NRCS statewide assessments and strategies incurred by the entity. Additionally, accept any State’s definition of pursuant to sections 8001 and 8002 of funds for FRPP appropriated to NRCS agriculture as contained in State or local the 2008 Act. by Congress must be expended within 5 farmland protection legislature, Response: NRCS agrees with the years from the fiscal year of obligation. regulation, and ordinance. recommendation of the respondent and Obligated funds not expended within Response: The definition of has added a definition to the final rule. the 5-year period will no longer be agricultural use in the interim final rule, Forest land of statewide importance available for payment after the fifth year in substantial part, is the same as the means forest land that the State of obligation. In response to the definition of agricultural use used in the Conservationist, in consultation with respondent’s comment regarding 2003 FRPP final rule published at 68 FR the State Technical Committee, whether NRCS would allow the entity’s 26461, May 16, 2003. FRPP defers to identifies as having ecological or obligation to count as a cash State definitions, but cannot allow uses economic significance within the State, contribution from the landowner, this is that decrease the agricultural and may include forested areas or not permitted for the same statutory productivity of the soil such as sod- regions of the State that have been reasons mentioned earlier. The statute farming or balled and burlap nursery identified through statewide requires the entity to provide at least 25 stock production. Some States include assessments and strategies conducted percent of the purchase price of the in their definition of agriculture use pursuant to State or Federal law. easement or other interest in property. activities that may decrease the Forest Management Plan The purchase price is defined as the agricultural productivity of the soil. No appraised fair market value of the changes were made to the final rule. Comments: NRCS received three easement minus the landowner Forest Land comments recommending that NRCS donation. The eligible entity must recognize and accept forest plans as contribute its statutorily required share Comments: NRCS received three specified in section five of the to purchase the easement, and debt comments requesting that NRCS change Cooperative Forestry Assistance Act of obligations do not count towards the first sentence in the definition of 1978, 16 U.S.C. 2103c, or other forest satisfying an eligible entity’s required forest land to ‘‘Forest land means a land plans developed and approved solely by share of the purchase price of an cover or use category that is at least 10 a State forester. The respondents also easement. percent stocked by non-invasive woody suggested redefining the term forest species of any size.’’ The respondents management plan to include forest Definitions argue that NRCS should redefine the stewardship plans as specified by the Comments: NRCS received two term forest land to be consistent with Cooperative Forestry Assistance Act, comments requesting that the FRPP the definition cited by the USDA Forest and forest management plans developed final rule provide a definition for the Service Forestry Inventory and Analysis under a third-party audited forest phrase, land that furthers a State or local Program, and should be limited to certification system, such as the policy consistent with the purposes of nonindustrial private forest land (NIPF) American Tree Farm System. the program and gives the State to ensure a focus on family farmers who Response: The definition of forest Conservationist, with input from the own forests. management plan, as currently written, State Technical Committee and FRPP Response: With regard to the permits the use of the various plans partner organizations, the ability to respondents’ first comment, NRCS described by the respondents. No decide what lands might further a State adopted the definition of forest land that changes were made to the final rule. or local policy consistent with the is used throughout the NRI. NRCS will program. use this definition of forest land to Impervious Surface Response: Given the potential range ensure consistency with other NRCS Comments: NRCS received two and variety of State or local policies that programs and to ensure the quality and comments requesting a definition for may exist, NRCS does not believe that consistency of NRCS data. With regard impervious surface. a definition ‘‘that furthers a State or to the respondents’ last comment Response: NRCS agrees with the local policy consistent with the pertaining to ensuring a ‘‘focus on respondents that a definition for purposes of the program’’ would provide family farmers who own forests,’’ Farm impervious surface as used in the much meaning. Additionally, FRPP Bill programs are available to all private context of FRPP is necessary. The rule purposes are identified by statute. The landowners that meet the AGI limitation has been modified to provide such final rule has not been modified to of $1 million per year. Several Farm Bill definition. NRCS would like to clarify include this definition. The 2008 Act programs, such as EQIP and the that the following activities are not included an additional category of Conservation Stewardship Program, considered impervious surfaces for the eligible land which was ‘‘land, the limit forest land eligibility to NIPF. purposes of FRPP: Roads and parking

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lots with soil or gravel surfaces, information, analysis, and to sue to ensure the protection of the conservation practices identified in the recommendations to the State conservation values identified in the FOTG and in a conservation plan for the Conservationist on implementation of conservation easement deed. Because subject farm or ranch, and temporary conservation programs under Title XII the enforcement right is required by greenhouses that cover the soil surface of the 1985 Act. The interim final rule statute, NRCS has no authority to for less than 6 months. identified that eligible entities may remove it. Moreover, the very purpose receive additional ranking points under of the right is to protect the public Landowner the State ranking criteria if the investment in conservation and to Comments: NRCS received 13 landowner is willing to allow public prevent the possibility of future comments requesting that NRCS allow access for recreational purposes. NRCS divestment that the first commenter organizations that qualify as eligible has removed this as a potential ranking discusses. entities under FRPP to also be eligible criterion. NRCS is cognizant of the Comments: NRCS received one as landowners and permitted to apply potential biohazards that public access comment that recommended NRCS for cost-share assistance under FRPP. presents to an active agricultural allow cooperating entities to consider NRCS also received one comment operation, and thus, will not use public acquisition costs as part of the purchase recommending that NRCS provide for access as a ranking factor for FRPP price. an exemption from the definition of assistance. Response: FRPP cost-share is limited landowner such that a nongovernmental to the cost of purchasing the easement Right of Enforcement (Original Interim organization would have the ability to and is defined in the statute in reference Final Rule Definition) purchase an FRPP property in order to to the fair market value of the easement. keep it from being developed while the Comments: NRCS received 32 There is no authority for NRCS to funds to protect it were being secured. comments asserting that the agency’s provide cost-share assistance for the Response: Lands currently under position that the contingent right of other costs associated with conservation ownership by an entity whose purpose enforcement is a vested real property easement acquisition. is to protect agricultural uses and right is inconsistent with the intent of Comments: NRCS received one related conservation values, such as a Congress. comment that requested NRCS inform nongovernmental organization, are Response: NRCS addressed the cooperating entities of the acquisition already protected without funding from respondents’ comments in its July 2, costs for which they are responsible. FRPP. Therefore, an eligible entity 2009, correction to the interim final rule Response: Acquisition costs have normally cannot qualify as a landowner. published at 74 FR 31578. The always been the responsibility of the However, the July 2, 2009, correction to correction to the interim final rule at cooperating entity and encompass the the interim final rule incorporated § 1491.3 defines the contingent right of standard direct acquisition costs and additional flexibility into the definition enforcement as a vested right set forth due diligence responsibilities of of landowner at § 1491.3 to allow NRCS in the conservation easement deed. purchasers of conservation easements. to facilitate the placement of a However, as explained below, the Additional information on typical conservation easement or other interest contingent right of enforcement is a standards and practices of easement in land on properties in limited condition of providing assistance and is acquisition and management may be circumstances where an eligible entity not an acquisition subject to the found on the Land Trust Alliance Web purchases fee title to land temporarily, Department of Justice title standards. site at http://www.landtrustalliance.org. No changes were made to the final rule. and then re-conveys those lands to a Right of Enforcement (Correction to the private landowner. In order for this Interim Final Rule § 1491.22(d)) Program Requirements flexibility to apply, the parcel must be Comments: NRCS received two Comments: NRCS received one transferred back to private ownership comments critical of NRCS’ contingent comment requesting clarification about before or at closing on the easement. No right of enforcement. The respondents how program funds will be available to further changes were made to the final argued that USDA’s insistence on eligible entities to partner with NRCS to rule. maintaining the right to enforce the acquire forest land. The respondent Parcel FRPP conservation easement in requested clarification as to whether Comments: NRCS received one perpetuity regardless of State and local eligible entities must consult with the comment requesting the agency define future needs is causing many States to State Forester to determine what the term parcel because the agency uses forego participation in FRPP. NRCS also constitutes characteristics of viability, as the term interchangeably when it refers received eight comments that applauded mentioned in the 2008 Act, and the to farms and ranches. the change in language made by the extent to which forest land may satisfy Response: NRCS agrees with the correction to the interim final rule that determination, as well as to respondent’s comment. The final rule regarding the contingent right of determine the extent and type of buffer has been modified to define the term enforcement and the elimination of necessary and the appropriate measures parcel. Parcel means a farm or ranch Department of Justice title standard to maintain adequate buffer capacity. submitted for consideration for funding requirements. Response: The focus of the program is under this part. Response: Section 1238I(f)(2) of the the protection of working farms and 1985 Act explicitly requires that a ranches. The inclusion of forest land as Public Access contingent right of enforcement be an allowable land use facilitates the Comments: NRCS received one included in the terms of each FRPP enrollment of farms and ranches with a comment requesting that NRCS define conservation easement deed. As the high percentage of forest land. NRCS is the phrase public access. correction to the interim final rule interested in assisting landowners in Response: The State and local ranking explained, as a term of the conservation managing forest lands, and is relying on criteria are determined by the State easement, the contingent right of the forest management plan to guide Conservationist, with advice from the enforcement is a vested real property landowners. While the State Forester is State Technical Committee. The State right which provides the Chief, on a valuable source of information and Technical Committee provides behalf of the United States, the ability guidance, the FRPP rule does not

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require an eligible entity to consult with entities. Also, adding the term facilitate soils. NRCS has national standards for the State Forester to determine the identifies that NRCS will promote farm prime, unique, and important farmland characteristics of viability. The buffers and ranch land protection, not that it soil that have been developed in mentioned in the 2008 Act and the final will decrease the accountability cooperation with Land Grant rule are buffers to protect the farm from required of cooperating entities. Universities in each State. The national development, not necessarily to Comments: NRCS received 17 target for prime, unique, and important function as a water quality buffer. comments expressing concern about farmland soil in FRPP, set by the White Comments: NRCS received three removal of the specific reference to House Office of Management and comments that FRPP should be topsoil protection as a primary program Budget, is 65 percent of the total acres redesigned to be a grant program similar purpose. enrolled in FRPP. No changes were to block grants where Federal agencies Response: Section 2401 of the 2008 made to the final rule. focus on the results and facilitate local Act revised the program purpose of Comments: NRCS received one management of the program. FRPP so that the language no longer comment asserting that there is no clear Response: The statute describes the includes protection of topsoil. The rationale as to why an easement cannot program as a cost-share program. The purpose of the 2002 Act was ‘‘protecting contain more than two-thirds forest original House legislation proposed a agricultural use and related land. The respondent urges flexibility in grant program; however, Congress did conservation uses.’’ NRCS is not this figure to allow for greater acreages not adopt that provision of the authorized to change the purpose of the if the forest meets the viability test as legislation in the Conference Report. In program. Even so, the protection of identified in the 2008 Act, and that the Conference Report, Congress topsoil remains one of FRPP purposes as there is no statutory restriction on designed FRPP as a program to provide is made clear by the criteria for eligible amount of the forest land that can be financial assistance through a land—‘‘prime, unique, or productive enrolled. cooperative agreement to facilitate the soil.’’ Response: The limitation of two- purchase of conservation easements by Comments: NRCS received one thirds forest land is to avoid conflicts eligible entities. As defined in the comment suggesting consideration of with the Forest Legacy Program as Federal Grants and Cooperative optional term easements consistent with requested by the USDA Forest Service. Agreement Act, 31 U.S.C. 6304 et seq., State program requirements, where No changes were made to the final rule. cooperative agreements are different available. Comments: NRCS received 75 from grants because, among other Response: Section 1491.4(b) of the comments asserting that the things, there is a higher level of Federal interim final rule already provided for requirement for forest management involvement. This is consistent with the the maximum term allowed by State plans is burdensome. The respondents FRPP statutory requirements which law. Optional term easements are often requested that NRCS eliminate this require significant involvement of the for less than the maximum term allowed requirement, or at least make the Secretary, including setting cooperative by State law, and NRCS believes that the threshold 50 acres. NRCS also received agreement requirements, certification, FRPP Federal investment is best served one comment stating that the forest conservation planning, and by permanent or the longest-term management plan requirement was enforcement. easement that is available. Therefore, perfect. Comments: NRCS received two NRCS did not adopt the Response: The 2008 Act requires that comments asserting that the recommendation of the respondent. forest land enrolled in FRPP contributes requirement that eligible entities have Comments: NRCS received one to the economic viability of the farm or pending offers to purchase conservation comment recommending that NRCS serves as a buffer from development. A easements or other interests in eligible allow entities to be qualified as eligible management plan is a minimal land before applying for FRPP funds is without being associated with a parcel. requirement to prove land eligibility arbitrary and burdensome. Response: Entities can be considered and will be the primary means by which Response: Section 1238H of the 1985 qualified to apply for FRPP financial economic viability will be determined. Act defines eligible land as ‘‘land on a assistance without having any parcels In response to comments on the interim farm or ranch that is subject to a being considered for financial final rule, the final rule increased the pending offer for purchase from an assistance. Because the entity’s amount of acreage enrolled in FRPP eligible entity.’’ Therefore, the pending eligibility may vary over time as funding requiring a forest management plan to offer is required to meet land eligibility and staff wax and wane, an entity will 40 contiguous acres, or 20 percent of the criteria. Additionally, securing a have to be qualified at least annually easement area from 10 contiguous acres pending offer ensures that the unless they are an entity associated with or 10 percent of the easement area. landowner is serious about selling an a cooperative agreement with a term of Forest land that contributes to the easement. No changes were made to the 3 or 5 years. economic viability of the farm may final rule. Comments: NRCS received 10 include parcels of forest with viability Comments: NRCS received one comments recommending that the final for timber harvest, hunting, or other request that the term facilitate be added rule provide a more qualitative standard recreational uses for which a fee may be to the purpose of the program. for eligible land that is consistent with charged. Section 1491.4(g)(2) of the final Response: NRCS agrees with the existing State and local program rule has been modified by adding ‘‘or respondent. However, the term facilitate requirements. The respondents argued serves as a buffer to protect an was added to the language of § 1491.4(a) that land eligibility tied to a percentage agricultural operation from of the interim final rule; therefore, no of the farm in certain soil types is development’’ to allow the Chief to change is required to address this inappropriate. identify other means for which the comment. NRCS believes that the Response: Congress established the contribution of FRPP to the economic language of § 1491.4(a) affirms NRCS criteria for eligible land in the 2008 Act. viability can be demonstrated. has shifted the focus of the program Section 1491.4(c) further clarifies Comments: NRCS received eight from purchasing conservation program eligibility criteria. A criterion comments asserting that NRCS should easements to facilitating the purchase of for land eligibility in the 2008 Act is not require hazardous materials records conservation easements by eligible prime, unique, and other productive search and site reviews.

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Response: NRCS does not require the requirements. USDA encourages finds that a grantor has violated the eligible entity to do hazardous materials succession planning for farmers and easement, then NRCS should pursue records search. However, the hazardous ranchers; therefore, no changes were cost recovery directly from the grantor materials records search, site review, made to the final rule. without obligation from the grantee. The and landowner interview are basic due Comments: NRCS received one respondent believes that NRCS should diligence requirements that are comment recommending deletion of the only pursue legal action against the recommended for any purchaser of real suggested State criteria involving access grantee if NRCS feels the grantee is property. NRCS may conduct its own for recreation. violating its obligations. hazardous materials records search, site Response: As discussed above, NRCS Response: Section 1491.30(c) of the review, and landowner interview to removed the reference to priority for interim final rule states that the ensure public funds are not being used allowing public access to acknowledge landowner will be liable for any costs. to acquire an interest in contaminated the biohazard concerns of agricultural NRCS has identified that it will only sites. operations. seek to enforce an easement if the Comments: NRCS received 80 Comments: NRCS received one grantee has failed to do so; therefore, no comments asserting that delineating comment that the term suitability may changes were made to the final rule. need to be replaced with unsuitable for specific national criteria in the rule that this sentence to make sense. are not called for by statute may conflict Miscellaneous with established State and local criteria. Response: NRCS agrees with the Comments: NRCS received one The respondents argue that certified respondent. Section 1491.4(f)(8) has request that NRCS use eligible entity in entities should be allowed to use their been modified to reflect the place of cooperating entity. own ranking and proposal selection commenter’s suggestion. Response: NRCS agrees with the Comments: NRCS received one process, and that NRCS should identify respondent. The change is required for comment supporting the provision in broad categories, but not specific clarity and has been made in the final § 1491.4(f)(9) that eligible land ‘‘may be criteria, in order to facilitate comparison rule. land on which gas, oil, earth, or other between applications from certified and mineral rights exploration has been non-certified entities. Comments: NRCS received one leased or is owned by someone other Response: NRCS believes that it is the request that NRCS use eligible entity in than the applicant and may be offered ranking aspect of FRPP that provides the place of grantee. for participation in the program.’’ greatest assurance that FRPP purposes Response: NRCS agrees with the Response: NRCS appreciates the are being met, and national criteria are respondent. The change is required for respondent’s support for the provision. vital to the ranking process. clarity and has been made in this final NRCS will assess the potential impact Certification alone does not ensure that rule where applicable. However, there that the third party rights, such as the parcels selected will best meet FRPP are certain situations where grantee is severed or leased mineral rights, may purposes. The national ranking factors the appropriate term, and NRCS have upon achieving the program in the 2003 FRPP final rule only retained its use in those circumstances. purposes. NRCS reserves the right to provided weight to the cooperating Comments: NRCS received one deny funding for any application where entities with the longest tenure and the request that the agency not use eligible existing encumbrances will have an largest budgets and staff. No weight was entity to address an entity before it is adverse impact upon the ability to given to the quality of the parcels. The determined to be eligible. protect the agricultural viability of the national ranking factors in the 2009 Response: NRCS agrees with the land, and such encumbrances are not interim final rule removed the bias in respondent. The change is required for able to be resolved during the title favor of established cooperating entities clarity and has been made in the final clearance process. with large budgets and staff, and placed rule. Comments: NRCS received one greater emphasis on the quality of the comment that requested NRCS not allow parcels. Parcels submitted by all eligible List of Subjects in 7 CFR Part 1491 large entities to dictate the terms of the entities are treated equally once the Administrative practice and program. eligible entities have met the eligibility procedure, Agriculture, Soil Response: NRCS uses a ranking criteria. In every State except two, conservation. process as described in § 1491.6 of the parcels are submitted by certified and For the reasons stated above, the CCC final rule to ensure all cooperating non-certified eligible entities. There revises part 1491 of Title 7 of the CFR entities are treated equally. The process must be a selection process that is to read as follows: ranks the parcels to be selected for common to both certified and non- funding, not the entity. The entity must certified entities. NRCS State offices PART 1491—FARM AND RANCH meet the eligibility criteria as described may score and weigh the national LANDS PROTECTION PROGRAM in § 1491. NRCS will not abdicate its ranking factors to reflect the State’s responsibility to ensure that FRPP is needs and add ranking factors that Subpart A—General Provisions administered in a manner that protects reflect State or local priorities. NRCS Sec. Federal investment in farmland accepts applications on a continuous 1491.1 Applicability. protection. basis. The announcement of the 1491.2 Administration. application ranking date is changed 1491.3 Definitions. Ranking Considerations and Proposal from 60 days to 30 days before ranking 1491.4 Program requirements. Selection, § 1491.6 of the Interim Final to allow State offices to select eligible 1491.5 Application procedures. Rule parcels and obligate funds faster. The 1491.6 Ranking considerations and proposal selection. Comments: NRCS received one reduced time will also allow States to comment recommending that NRCS announce multiple ranking dates. Subpart B—Cooperative Agreements and delete the suggested State criteria Conservation Easement Deeds Violations and Remedies involving succession plans. 1491.20 Cooperative agreements. Response: The State criteria are Comments: NRCS received one 1491.21 Funding. suggestions only. They are not comment that asserted that if NRCS 1491.22 Conservation easement deeds.

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Subpart C—General Administration overseeing administrative processes for Domestic Allotment Act (16 U.S.C. 1491.30 Violations and remedies. easements, easement payments, and 5909h(b)(5)) and the Secretary, or by the 1491.31 Appeals. administrative and financial Secretary. 1491.32 Scheme or device. performance reporting. Cooperative agreement means the Authority: 16 U.S.C. 3838h–3838i. (c) NRCS will enter into cooperative document that specifies the obligations agreements with eligible entities to and rights of NRCS and eligible entities Subpart A—General Provisions assist NRCS with implementation of this participating in the program. part. Dedicated fund means an account § 1491.1 Applicability. held by a nongovernmental organization (a) The regulations in this part set § 1491.3 Definitions. which is sufficiently capitalized for the forth requirements, policies, and The following definitions will apply purpose of covering expenses associated procedures for implementation of the to this part, and all documents issued in with the management, monitoring, and Farm and Ranch Lands Protection accordance with this part, unless enforcement of conservation easements Program (FRPP) as administered by the specified otherwise: and where such account cannot be used Natural Resources Conservation Service Agricultural uses are defined by the for other purposes. (NRCS). FRPP cooperative agreements State’s FRPP or equivalent, or where no Eligible entity means Indian Tribe, will be administered under the program exists. Agricultural uses should State government, local government, or regulations in effect at the time the be defined by the State agricultural use a nongovernmental organization which cooperative agreement is signed. tax assessment program. However, if has a farmland protection program that (b) The NRCS Chief may implement NRCS finds that a State definition of purchases agricultural conservation FRPP in any of the 50 States, the District agriculture is so broad that an included easements for the purpose of protecting of Columbia, Commonwealth of Puerto use could lead to the degradation of agriculture use and related conservation Rico, Guam, the Virgin Islands of the soils and agriculture productivity, NRCS values by limiting conversion to non- United States, American Samoa, and the reserves the right to impose greater deed agricultural uses of the land. Commonwealth of the Northern Mariana restrictions on the property than Eligible land means privately owned Islands. allowable under that State definition of land on a farm or ranch that NRCS has § 1491.2 Administration. agriculture in order to protect determined to meet the requirements of agricultural use and related § 1491.4(f) of this part. (a) The regulations in this part will be conservation values. Fair market value means the value of administered under the general Certified entity means an eligible a conservation easement as ascertained supervision and direction of the NRCS entity that NRCS has determined to through standard real property appraisal Chief. methods, as established in § 1491.4(g). (b) NRCS will— meet the requirements of § 1491.4(d) of this part. Farm and ranch land of local (1) Provide overall program importance means farm or ranch land management and implementation Chief means the Chief of NRCS or designee. used to produce food, feed, fiber, forage, leadership for FRPP; bio-fuels, and oilseed crops that are not (2) Develop, maintain, and ensure that Commodity Credit Corporation is a identified as having national or policies, guidelines, and procedures are government-owned and operated entity statewide importance. Where carried out to meet program goals and that was created to stabilize, support, appropriate, these lands are to be objectives; and protect farm income and prices. The (3) Ensure that the FRPP share of the CCC is managed by a Board of Directors, identified by the local agency or cost of an easement or other deed subject to the general supervision and agencies concerned. Farmlands of local restrictions in eligible land will not direction of the Secretary of Agriculture, importance may include tracts of land exceed 50 percent of the appraised fair who is an ex-officio director and that have been designated for market value of the conservation chairperson of the Board. The CCC agriculture by local ordinance. Farm and ranch land of statewide easement; provides the funding for FRPP, and (4) Determine eligibility of the land, NRCS administers FRPP on its behalf. importance means, in addition to prime landowner, State government, local Conservation easement means a and unique farmland, land that is of government, Indian Tribe, or voluntary, legally recorded restriction, statewide importance for the production nongovernmental organization; in the form of a deed, on the use of of food, feed, fiber, forage, bio-fuels, and (5) Ensure a conservation plan is property, in order to protect resources oil seed crops. Criteria for defining and developed in accordance with 7 CFR such as agricultural lands, historic delineating this land are to be part 12; structures, open space, and wildlife determined by the appropriate State (6) Make funding decisions and habitat. agency or agencies. Generally, determine allocations of program funds; Conservation plan is the document additional farmlands of statewide (7) Coordinate with the Office of the that— importance include those that are nearly General Counsel to ensure the legal (1) Applies to highly erodible prime farmland and that economically sufficiency of the cooperative agreement cropland; produce high yields of crops when and the easement deed or other legal (2) Describes the conservation system treated and managed according to instrument; applicable to the highly erodible acceptable farming methods. Some may (8) Sign and monitor cooperative cropland and describes the decisions of produce as high a yield as prime agreements for the Commodity Credit the person with respect to location, land farmlands if conditions are favorable. In Corporation (CCC) with the selected use, tillage systems, and conservation some States, additional farmlands of eligible entity; treatment measures and schedules; statewide importance may include tracts (9) Monitor and ensure conservation (3) Is developed by NRCS in of land that have been designated for plan compliance with highly erodible consultation with the landowner agriculture by State law in accordance land and wetland provisions in through the local soil conservation with 7 CFR part 657. accordance with 7 CFR part 12; and district, in consultation with the local Farm or ranch succession plan means (10) Provide leadership for committees, established under section a general plan to address the establishing, implementing, and 8(b)(5) of the Soil Conservation and continuation of some type of

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agricultural business on the conserved Historic Preservation Officer (THPO) Nongovernmental organization means land. The farm or ranch succession plan and the Keeper of the National Register any organization that: may include specific intra-family in accordance with section 106 of the (1) Is organized for, and at all times succession agreements or strategies to NHPA); since, the formation of the organization, address business asset transfer planning (3) Formally listed in the State or and has been operated principally for to create opportunities for beginning Tribal Register of Historic Places of the one or more of the conservation farmers or ranchers. SHPO (designated under section purposes specified in clause (i), (ii), (iii), Field Office Technical Guide means 101(b)(1)(B) of the NHPA) or the THPO or (iv) of section 170(h)(4)(A) of the the official local NRCS source of (designated under section 101(d)(1)(C) Internal Revenue Code of 1986; resource information and interpretations of the NHPA); or (2) Is an organization described in of guidelines, criteria, and requirements (4) Included in the SHPO or THPO section 501(c)(3) of that Code that is for planning and applying conservation inventory with written justification as to exempt from taxation under 501(a) of practices and conservation management why it meets National Register of that Code; and systems. The Field Office Technical Historic Places criteria. (3) Is described— Guide (FOTG) contains detailed Imminent harm means easement (i) In section 509(a)(1) and (2) of that information on the conservation of soil, violations or threatened violations that, Code, or water, air, plant, and animal resources as determined by the Chief, would (ii) Is described in section 509(a)(3) of applicable to the local area for which it likely cause immediate and significant that Code and is controlled by an is prepared. degradation to the conservation values; organization described in section Forest land means a land cover or use for example, those violations that would 509(a)(2) of that Code. category that is at least 10 percent adversely impact agriculture use, Other interests in land include any stocked by single-stemmed woody productivity, and related conservation right in real property other than species of any size that will be at least values or result in the erosion of topsoil easements that are recognized by State 13 feet tall at maturity. Also included is beyond acceptable levels as established law. FRPP funds will only be used to land bearing evidence of natural by NRCS. purchase other interests in land with regeneration of tree cover (cutover forest Impervious surface means surfaces prior approval from the Chief. or abandoned farmland) that is not that are covered by asphalt, concrete, Other productive soils means farm currently developed for non-forest use. roofs, or any other surface that does not and ranch land soils, in addition to Ten percent stocked, when viewed from allow water to percolate into the soil. prime farmland soils, that include a vertical direction, equates to an aerial Indian Tribe means any Indian Tribe, unique farmland and farm and ranch canopy cover of leaves and branches of band, nation, or other organized group land of statewide and local importance. 25 percent or greater. or community, including any Alaska Parcel means a farm or ranch Forest land of statewide importance Native village or regional or village submitted for consideration for funding means forest land that the State corporation as defined in or established under this part. Conservationist, in consultation with pursuant to the Alaska Native Claims Pending offer means a written bid, the State Technical Committee, Settlement Act (43 U.S.C. 1601 et seq.) contract, or option extended to a identifies as having ecological or that is eligible for the special programs landowner by an eligible entity to economic significance within the State, and services provided by the United acquire a conservation easement before and may include forested areas or States to Indians because of their status the legal title to these rights has been regions of the State that have been as Indians. conveyed for the purpose of limiting identified through statewide Land Evaluation and Site Assessment non-agricultural uses of the land. assessments and strategies conducted System means the land evaluation Prime farmland means land that has pursuant to State or Federal law. system approved by the State the best combination of physical and Forest management plan means a site- Conservationist used to rank land for chemical characteristics for producing specific plan that is prepared by a farm and ranch land protection food, feed, fiber, forage, oilseed, and professional resource manager, in purposes, based on soil potential for other agricultural crops with minimum consultation with the participant, and is agriculture, as well as social and inputs of fuel, fertilizer, pesticides, and approved by the State Conservationist. economic factors, such as location, labor without intolerable soil erosion, as Forest management plans may include a access to markets, and adjacent land determined by the Secretary. forest stewardship plan, as specified in use. For additional information see the Purchase price means the appraised section 5 of the Cooperative Forestry Farmland Protection Policy Act fair market value of the easement minus Assistance Act of 1978 (16 U.S.C. regulation at 7 CFR part 658. the landowner donation. 2103a), another practice plan approved Landowner means a person, legal Right of enforcement means a vested by the State Forester, or another plan entity, or Indian Tribe having legal right set forth in the conservation determined appropriate by the State ownership of land and those who may easement deed, equal in scope to the Conservationist. The plan complies with be buying eligible land under a right of inspection and enforcement applicable Federal, State, Tribal, and purchase agreement. The term granted to the grantee, that the Chief, on local laws, regulations, and permit landowner may include all forms of behalf of the United States, may exercise requirements. collective ownership including joint under specific circumstances in order to Historical and archaeological tenants, tenants-in-common, and life enforce the terms of the conservation resources mean resources that are: tenants. State governments, local easement when not enforced by the (1) Listed in the National Register of governments, and nongovernmental holder of the easement. Historic Places (established under the organizations that qualify as eligible Secretary means the Secretary of the National Historic Preservation Act entities are not eligible as landowners, United States Department of (NHPA), 16 U.S.C. 470, et seq.); unless otherwise determined by the Agriculture. (2) Formally determined eligible for Chief. State Conservationist means the listing in the National Register of Natural Resources Conservation NRCS employee authorized to direct Historic Places (by the State Historic Service means an agency of the and supervise NRCS activities in a State, Preservation Officer (SHPO) or Tribal Department of Agriculture. the Caribbean Area (Puerto Rico and the

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Virgin Islands), or the Pacific Islands (3) Sufficient number of staff will be in the amendment to the Area (Guam, American Samoa, and the dedicated to monitoring and easement cooperative agreement; Commonwealth of the Northern Mariana stewardship; and (2) NRCS will accept applications Islands). (4) The availability of funds. from certified entities continuously State Technical Committee means a (d) To be eligible as a certified entity, throughout the fiscal year; committee established by the Secretary an Indian Tribe, State, unit of local (3) Certified entities may elect to close in a State pursuant to 16 U.S.C. 3861 government, or a nongovernmental easements without NRCS approving the and 7 CFR part 610, subpart C. organization must be qualified to be an conservation easement deeds, titles, or Unique farmland means land other eligible entity and must submit a appraisals before closing; than prime farmland that is used for the written request for certification to the (4) Certified entities will prepare the production of specific high-value food Chief at the same time the entity is conservation easement deeds, titles, and and fiber crops, as determined by the requesting FRPP cost-share assistance. appraisals according to NRCS Secretary. It has the special combination In order to be certified, an eligible entity requirements as identified in the of soil quality, location, growing season, must: cooperative agreement; and moisture supply needed to (1) Meet the requirements identified (5) NRCS will conduct quality economically produce sustained high in paragraph (c) of this section; assurance reviews of a percentage of the quality or high yields of specific crops (2) Use or agree to use for FRPP conservation easement transactions when treated and managed according to funded acquisitions, the Uniform submitted by the certified entity for acceptable farming methods. Examples Standards for Professional Appraisal payment. The review will include of such crops include citrus, tree nuts, Practice or the Uniform Appraisal whether the deed, title review, or olives, cranberries, fruits, and Standards for Federal Land Acquisitions appraisals were conducted in vegetables. Additional information on in conducting appraisals; accordance with the requirements set the definition of prime, unique, or other (3) Hold, manage, and monitor a forth by NRCS in its certification of the productive soil can be found in 7 CFR minimum of 25 agricultural land eligible entity or in the cooperative part 657 and 7 CFR part 658. conservation easements, unless the agreement entered into with the entity requests and receives a waiver of certified entity; and § 1491.4 Program requirements. this requirement from the Chief; (6) If a certified entity closes on the (a) Under FRPP, the Chief, on behalf (4) Hold, manage, and monitor a easement without a pre-closing NRCS of the CCC, will facilitate and provide minimum of five FRPP or Farmland review, and the conservation easement funding for the purchase of conservation Protection Program conservation deed, title, or appraisal fails the NRCS easements or other interests in eligible easements; quality assurance review, NRCS will land that is subject to a pending offer (5) Have the demonstrated ability to provide the certified entity an from an eligible entity for the purpose complete acquisition of easements in a opportunity to correct the errors. If the of protecting the agricultural use and timely fashion; certified entity fails to correct the errors related conservation values of the land (6) Have the capacity to enforce the to NRCS satisfaction, NRCS may by limiting non-agricultural uses of the provisions of easement deeds; consider decertification of the entity in land. Eligible entities submit (7) For nongovernmental accordance with paragraph (f) of this applications to NRCS State offices to organizations, possess a dedicated fund section. partner with NRCS to acquire for the purposes of easement (f) Review and decertification of the conservation easements on farm and management, monitoring, and certified entity. (1) The Chief will ranch land. NRCS enters into enforcement where such fund is conduct a review of the certified entity cooperative agreements with selected sufficiently capitalized in accordance a minimum of once every 3 years to entities and provides funds for up to 50 with NRCS standards. The dedicated ensure that the certified entities are percent of the fair market value of the fund must be dedicated to the purposes meeting the certification criteria easement. In return, the eligible entity of managing, monitoring, and enforcing established in § 1491.4(d). agrees to acquire, hold, manage, and each easement held by the eligible (2) If the Chief finds that the certified enforce the easement. A Federal right of entity; entity no longer meets the criteria in enforcement must also be included in (8) Be willing to adjust procedures to § 1491.4(d), the Chief will: each FRPP funded easement deed for ensure that the conservation easements (i) Allow the certified entity a the protection of the Federal acquired meet FRPP purposes and are specified period of time, at a minimum investment. enforceable; and 180 days, in which to take such actions (b) The term of all easements or other (9) Have a plan for administering as may be necessary to correct the interests in land will be in perpetuity easements enrolled under this part, as identified deficiencies, and unless prohibited by State law. In States determined by the Chief. (ii) If the State Conservationist has that limit the term of the easement or (e) Once NRCS determines that an determined the certified entity does not other interest in land, the term of the eligible entity qualifies as a certified meet the criteria established in easement or other interest in land must entity: § 1491.4(d) after the 180 days, the State be the maximum allowed by State law. (1) NRCS will enter into a cooperative Conservationist will send, by certified (c) To be eligible to receive FRPP agreement with the certified entity mail, return receipt requested, written funding, an Indian Tribe, State, unit of through which NRCS may obligate notice of proposed decertification of the local government, or a nongovernmental funding for up to 5 years. New parcels entity’s certification status or eligibility organization must meet the definition of or prior-year unfunded parcels for future FRPP funding. This notice eligible entity as listed in § 1491.3. In submitted for funding by certified will contain what actions have not been addition, eligible entities interested in entities must compete for funding each completed to retain certification status, receiving FRPP funds must demonstrate: year. Selected parcels and funding will what actions the entity must take to (1) A commitment to long-term be added to the existing cooperative request certification status, the status of conservation of agricultural lands; agreement using an amendment to the funds in the cooperative agreement, and (2) A capability to acquire, manage, cooperative agreement. Funding the eligibility of the entity to apply for and enforce easements; expiration dates for the added parcels future FRPP funds. The entity may

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contest the Notice of Decertification in eligibility requirements set forth in part organization will submit an application writing to the State Conservationist 1400 of this title; to the State Conservationist in the State within 20 calendar days of receipt of the (8) Must possess suitable onsite and where parcels are located. notice of proposed decertification. offsite conditions which will allow the (b) The State Conservationist will (3) The period of decertification may easement to be effective in achieving the determine whether the Indian Tribe, not exceed 3 years in duration, with purposes of the program. Unsuitable State, unit of local government, or a duration of decertification based upon conditions may include, but are not nongovernmental organization is the seriousness of the facts; and limited to, hazardous substances on or eligible to participate in FRPP based on (4) The entity may be recertified upon in the vicinity of the parcel, land use the criteria set forth in § 1491.4(c). application to NRCS, after the surrounding the parcel that is not (c) The Chief will determine whether decertification period has expired, and compatible with agriculture, and an eligible entity is a certified entity when the entity has met the highway or utility corridors that are based on the criteria set forth in requirements as outlined under planned to pass through or immediately § 1491.4(d), information provided by the § 1491.4(d). adjacent to the parcel; and application, and data in the national (g) Eligible land: (9) May be land on which gas, oil, FRPP database. (1) Must be privately owned land on earth, or other mineral rights (d) The State Conservationist will a farm or ranch and contain at least 50 exploration has been leased or is owned notify each Indian Tribe, State, unit of percent prime, unique, statewide, or by someone other than the applicant local government, or a nongovernmental locally important farmland, unless and may be offered for participation in organization if it has been determined otherwise determined by the State the program. However, if an applicant eligible, certified, or ineligible. Conservationist; contain historical or submits an offer for an easement project, (e) Eligible entities with cooperative archaeological resources; furthers a the Department of Agriculture (USDA) agreements entered into after the State or local policy consistent with the will assess the potential impact that the effective date of this part will not have purposes of the program; and is subject third party rights may have upon to resubmit an annual application for to a pending offer by an eligible entity; achieving the program purposes. USDA the duration of the cooperative (2) Must be cropland, rangeland, reserves the right to deny funding for agreement. Entities may reapply for grassland, pastureland, or forest land any application where there are eligibility when their cooperative that contributes to the economic exceptions to clear title on any property. agreements expire. viability of an agricultural operation or (h) Prior to closing, the value of the (f) Throughout the fiscal year, eligible serves as a buffer to protect an conservation easement must be entities may submit to the appropriate agricultural operation from appraised. Appraisals must be State Conservationist applications for development; completed and signed by a State- parcels, in that State, with supporting certified general appraiser and must (3) May include land that is incidental information to be scored, ranked, and contain a disclosure statement by the to the cropland, rangeland, grassland, considered for funding. appraiser. The appraisal must conform pastureland, or forest land if the (g) At the end of each fiscal year, the to the Uniform Standards of incidental land is determined by the lists of pending, unfunded parcels will Professional Appraisal Practices or the Secretary to be necessary for the be cancelled unless the eligible entity Uniform Appraisal Standards for efficient administration of a requests that specific parcels be Federal Land Acquisitions, as selected conservation easement; considered for funding in the next fiscal by the eligible entity. State (4) May include parts of or entire year. Entities must submit a new list of Conservationists will provide the farms or ranches; parcels each fiscal year in order to be guidelines through which NRCS will considered for funding unless they (5) Must not include forest land of review appraisals for quality assurance request that parcels from the previous greater than two-thirds of the easement purposes. Entities must provide a copy fiscal year be considered. area. Land with contiguous forest that of the appraisal to NRCS. exceeds the greater of 40 acres or 20 (i) The landowner will be responsible § 1491.6 Ranking considerations and percent of the easement area will have for complying with the Highly Erodible proposal selection. a forest management plan before Land and Wetland Conservation (a) Before the State Conservationist closing, unless the Chief has reviewed provisions of the Food Security Act of can score and rank the parcels for and approved an alternative means by 1985 (1985 Act), as amended and 7 CFR funding, the eligibility of the landowner which the forest land’s contribution to part 12. and the land must be assessed. the economic viability of the land has (j) The entity may substitute acres (b) The State Conservationist will use been demonstrated; within a pending offer. Substituted national and State criteria to score and (6) NRCS will not provide FRPP funds acres must not decrease the value of the rank parcels. The national ranking for the purchase of an easement or other offered easement or the value of the criteria will be established by the Chief, interest in land on land owned in fee parcel in meeting program purposes. and the State criteria will be determined title by an agency of the United States, With the State Conservationist’s by the State Conservationist, with a State or local government, or by a approval, a cooperating entity may advice from the State Technical nongovernmental organization whose substitute pending offers within their Committee. The national criteria will purpose is to protect agricultural use cooperative agreement. The landowner comprise at least half of the ranking and related conservation values, and parcel must meet eligibility criteria system score. including those listed in the statute as described in § 1491.4(e). The State (c) At least 30 days before the ranking under eligible land, or land that is Conservationist may require re-ranking of parcels, the State Conservationist will already subject to an easement or deed of substituted acres and substituted announce the date on which ranking of restriction that limits the conversion of parcels. parcels will occur. A State the land to non-agricultural use; Conservationist may announce more (7) Must be owned by landowners § 1491.5 Application procedures. than one date of ranking in a fiscal year. who certify that they do not exceed the (a) An Indian Tribe, State, unit of (d) All parcels submitted throughout adjusted gross income limitation local government, or a nongovernmental the fiscal year will be scored. All parcels

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will be ranked together in accordance reported. The number of years of an (c) The cooperative agreement will with the national and State ranking eligible entity’s existence, budget, or include an attachment listing the criteria before parcels are selected for staffing level will not be used as a parcels accepted by the State funding. ranking factor; Conservationist. This list will include (e) The parcels selected for funding (3) Multifunctional benefits of farm landowners’ names and addresses, will be listed on the agreements of the and ranch land protection including acreage, the estimated fair market value, entities that submitted the parcels, and social, economic, historical and the estimated Federal contribution, and the agreements will be signed by the archaeological, and environmental other relevant information. The State Conservationist and the eligible benefits; cooperative agreement template will be entity. Funds for each fiscal year’s (4) Geographic regions where the made available by the State parcels will be obligated with a new enrollment of particular lands may help Conservationist. signature each year on an amendment to achieve national, State, and regional (d) The cooperative agreement will the agreement. Parcels funded on each conservation goals and objectives, or incorporate the provisions necessary for fiscal year’s amendment will have a enhance existing government or private the eligible entity to comply with separate deadline for closing and conservation projects; applicable registration and reporting requesting reimbursement. (5) Diversity of natural resources to be requirements of the Federal Funding (f) The national ranking criteria are: protected; Accountability and Transparency Act of (1) Percent of prime, unique, and (6) Score in the Land Evaluation and 2006 (Pub. L. 109–282, as amended) and important farmland in the parcel to be Site Assessment system. This score 2 CFR parts 25 and 170. protected; serves as a measure of agricultural (2) Percent of cropland, pastureland, viability (access to markets and § 1491.21 Funding. grassland, and rangeland in the parcel to infrastructure); and (a) Subject to the statutory limits, the be protected; (7) Existence of a farm or ranch State Conservationist, in coordination (3) Ratio of the total acres of land in succession plan or similar plan with the eligible entity, will determine the parcel to be protected to average established to encourage farm viability the NRCS share of the cost of farm size in the county according to the for future generations. purchasing a conservation easement or most recent USDA Census of (h) State ranking criteria will be other interest in the land. Agriculture; developed on a State-by-State basis. The (b) NRCS may provide up to 50 (4) Decrease in the percentage of State Conservationist will make percent of the appraised fair market acreage of farm and ranch land in the available a full listing of applicable value of the conservation easement county in which the parcel is located national and State ranking criteria. consistent with § 1491.4(g). An eligible between the last two USDA Censuses of entity will share in the cost of Agriculture; Subpart B—Cooperative Agreements purchasing a conservation easement in (5) Percent population growth in the and Conservation Easement Deeds accordance with the limitations of this county as documented by the United part. States Census; § 1491.20 Cooperative agreements. (c) A landowner may make donations (6) Population density (population per (a) NRCS, on behalf of the CCC, will toward the acquisition of the square mile) as documented by the most enter into a cooperative agreement with conservation easement. recent United States Census; entities selected for funding. Once a (d) The eligible entity must provide a (7) Proximity of the parcel to other proposal is selected by the State minimum of 25 percent of the purchase protected land, such as military Conservationist, the eligible entity must price of the conservation easement. installations, land owned in fee title by work with the State Conservationist to (e) FRPP funds may not be used for the United States or an Indian Tribe, finalize and sign the cooperative expenditures such as appraisals, State government or local government, agreement, incorporating all necessary surveys, title insurance, legal fees, costs or by a nongovernmental organization FRPP requirements. The cooperative of easement monitoring, and other whose purpose is to protect agricultural agreement must address: related administrative and transaction use and related conservation values, or (1) The interests in land to be costs incurred by the eligible entity. land that is already subject to an acquired, including the United States’ (f) NRCS will conduct its technical easement or deed restriction that limits right of enforcement, as well as the form and administrative review of appraisals the conversion of the land to non- and other terms and conditions of the and its hazardous materials reviews agricultural use; easement deed; with FRPP funds. (8) Proximity of the parcel to other (2) The management and enforcement (g) If the State Conservationist agricultural operations and of the rights on lands acquired with determines that the purchase of two or infrastructure; and FRPP funds; more conservation easements are (9) Other additional criteria as (3) The responsibilities of NRCS; comparable in achieving FRPP goals, the determined by the Chief. (4) The responsibilities of the eligible State Conservationist will not assign a (g) State or local criteria as entity on lands acquired with FRPP higher priority to any one of these determined by the State Conservationist, funds; conservation easements solely on the with advice of the State Technical (5) The allowance of parcel basis of lesser cost to FRPP. Committee, may include: substitution upon mutual agreement of (h) Environmental Services Credits: (1) The location of a parcel in an area the parties; and (1) NRCS asserts no direct or indirect zoned for agricultural use; (6) Other requirements deemed interest in environmental credits that (2) The performance of an eligible necessary by NRCS to meet the purposes may result from or be associated with an entity’s experience in managing and of this part or protect the interests of the FRPP easement; enforcing easements. Performance must United States. (2) NRCS retains the authority to be measured by the closing efficiency or (b) The term of cooperative ensure that the requirements for FRPP- percentage of parcels that have been agreements will be 5 years for certified funded easements are met and monitored and the percentage of entities and 3 years for other eligible maintained consistent with this part; monitoring results that have been entities. and

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(3) If activities required under an NRCS in consultation with the from any liability arising from or related environmental credit agreement may landowner and implemented according to the property enrolled in FRPP. affect land covered under a FRPP to the FOTG. NRCS may work through (k) The conservation easement deed easement, landowners are encouraged to the local conservation district in the must include an amendment clause request a compatibility assessment from development of the conservation plan. requiring that any changes to the the eligible entity prior to entering into The conservation plan will be easement deed after its recordation must such agreements. developed and managed in accordance be consistent with the purposes of the with the 1985 Act, 7 CFR part 12 or conservation easement and this part. § 1491.22 Conservation easement deeds. subsequent regulations, and other The conservation easement deed must (a) Under FRPP, a landowner grants requirements as determined by the State require that NRCS approve any an easement to an eligible entity with Conservationist. To ensure compliance substantive amendment. which NRCS has entered into an FRPP with this conservation plan, the cooperative agreement. The easement easement will grant to the United States, Subpart C—General Administration will require that the easement area be through NRCS, its successors or assigns, § 1491.30 Violations and remedies. maintained in accordance with FRPP a right of access to the easement area. goals and objectives for the term of the (a) In the event of a violation of the (f) The eligible entity will acquire, easement. easement terms, the eligible entity will hold, manage, and enforce the easement. (b) Pending offers by an eligible entity notify the landowner. The landowner must be for acquiring an easement in The eligible entity may have the option may be given reasonable notice and, perpetuity, except where State law to enter into an agreement with where appropriate, an opportunity to prohibits a permanent easement. In such governmental or private organizations to voluntarily correct the violation in cases where State law limits the term of carry out easement stewardship accordance with the terms of the a conservation easement, the easement responsibilities. conservation easement. term will be for the maximum allowed (g) NRCS will sign an acceptance of (b) In the event that the eligible entity under State law. the conservation easement, concurring fails to enforce any of the terms of the (c) The eligible entity may use its own with the terms of the conservation conservation easement as determined by terms and conditions in the easement and accepting its interest in the Chief, the Chief or his or her conservation easement deed, but the the conservation easement deed. successors or assigns may exercise the conservation easement deed must be (h) All conservation easement deeds United States’ rights to enforce the reviewed and approved by National acquired with FRPP funds must be terms of the conservation easement Headquarters in advance of use. recorded. Proof of recordation will be through any and all authorities available Individual conservation easement deeds provided to NRCS by the eligible entity. under Federal or State law. used by the eligible entity will be (i) Impervious surfaces will not (c) Notwithstanding paragraph (a) of submitted to National Headquarters at exceed 2 percent of the FRPP easement this section, NRCS, upon notification to least 90 days before the planned closing area, excluding NRCS-approved the landowner, reserves the right to date. Eligible entities with multiple conservation practices. The State enter upon the easement area at any parcels in a cooperative agreement may Conservationist may waive the 2 percent time to monitor conservation plan submit a conservation easement deed impervious surface limitation on a implementation or remedy deficiencies template for review and approval. The parcel-by-parcel basis, provided that no or easement violations as it relates to the deed templates must be reviewed and more than 10 percent of the easement conservation plan. The entry may be approved by National Headquarters in area is covered by impervious surfaces. made at the discretion of NRCS when advance of use. For eligible entities that Before waiving the 2 percent limitation, the actions are deemed necessary to have not been certified, the NRCS State the State Conservationist must consider, protect highly erodible soils and offices will review prior to closing the at a minimum, population density, the wetland resources. The landowner will conservation easement deeds for ratio of open prime other important be liable for any costs incurred by NRCS individual parcels to ensure that they farmland versus impervious surfaces on as a result of the landowner’s negligence contain the same language as approved the easement area, the impact to water or failure to comply with the easement by the national office and that the quality concerns in the area, the type of requirements as it relates to appropriate site-specific information has agricultural operation, and parcel size. conservation plan violations. been included. NRCS reserves the right Eligible entities may submit an (d) The United States will be entitled to require additional specific language impervious surface limitation waiver to recover any and all administrative or to remove language in the process to the State Conservationist for and legal costs from the participating conservation easement deed to protect review and consideration. The eligible eligible entity, including attorney’s fees the interests of the United States. The entities must apply approved or expenses, associated with any Chief may exercise the option to impervious surface limitation waiver enforcement or remedial action as it promulgate standard minimum processes on a parcel-by-parcel basis. relates to the enforcement of the FRPP conservation deed requirements as a State Conservationists will not approve easement. condition for receiving FRPP funds. blanket waivers of the impervious (e) In instances where an easement is (d) The conveyance document must surface limitation for all parcels terminated or extinguished, NRCS will include a right of enforcement clause. administered by the eligible entity collect CCC’s share of the conservation NRCS will specify the terms for the right without regard for the characteristics of easement based on the appraised fair of enforcement clause to read as set individual parcels. All FRPP easements market value of the conservation forth in the FRPP cooperative must include language limiting the easement at the time the easement is agreement. This right is a vested amount of impervious surfaces within extinguished or terminated. The CCC’s property right and cannot be the easement area. share will be in proportion to its condemned by State or local (j) The conservation easement deed percentage of original investment. government. must include an indemnification clause (f) In the event NRCS determines it (e) As a condition for participation, a requiring the landowner to indemnify must exercise its rights identified under conservation plan will be developed by and hold harmless the United States a conservation easement or other

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interest in land, NRCS will provide DEPARTMENT OF AGRICULTURE Washington, DC. Normal reading room written notice by certified mail, return hours are 8 a.m. to 4:30 p.m., Monday receipt requested, to the eligible entity Animal and Plant Health Inspection through Friday, except holidays. To be at the eligible entity’s last known Service sure someone is there to help you, address. The notice will set forth the please call (202) 690–2817 before nature of the noncompliance by the 9 CFR Parts 93, 94, and 95 coming. eligible entity and a 60-day period to [Docket No. APHIS–2006–0074] Other Information: Additional cure. If the eligible entity fails to cure information about APHIS and its within the 60-day period, NRCS will RIN 0579–AC36 programs is available on the Internet at take the action specified under the http://www.aphis.usda.gov. Highly Pathogenic Avian Influenza notice. NRCS reserves the right to FOR FURTHER INFORMATION CONTACT: Dr. decline to provide a period to cure if AGENCY: Animal and Plant Health Julia Punderson, Senior Staff NRCS determines that imminent harm Inspection Service, USDA. Veterinarian, National Center for Import may result to the conservation values or ACTION: Interim rule and request for and Export, Animal Health Policy and other interest in land it seeks to protect. comments. Programs, VS, APHIS, 4700 River Road, § 1491.31 Appeals. Unit 38, Riverdale, MD 20737; (301) SUMMARY: We are amending the 734–4356. (a) A person or eligible entity which regulations concerning the importation SUPPLEMENTARY INFORMATION: has submitted an FRPP proposal and is of animals and animal products to therefore participating in FRPP, may prohibit or restrict the importation of Background obtain a review of any administrative bird and poultry products from regions The Animal and Plant Health determination concerning eligibility for where any subtype of highly pathogenic Inspection Service (APHIS) regulations participation utilizing the avian influenza is considered to exist. in title 9 of the Code of Federal administrative appeal regulations We are also adding restrictions Regulations (CFR), parts 93, 94, and 95 provided in 7 CFR part 614. concerning importation of live poultry (referred to below as the regulations), (b) Before a person or eligible entity and birds that have been vaccinated for govern the importation into the United may seek judicial review of any certain types of avian influenza, or that States of specified animals and animal administrative action taken under this have moved through regions where any products and byproducts to prevent the part, the person or eligible entity must subtype of highly pathogenic avian introduction of various animal diseases, exhaust all administrative appeal influenza is considered to exist. These including exotic Newcastle disease procedures set forth in paragraph (a) of restrictions supplement or replace (END) and highly pathogenic avian this section, and for the purposes of existing restrictions on the importation influenza subtype H5N1. judicial review, no decision will be a of live birds and poultry, and bird and END is a contagious disease of birds final agency action except a decision of poultry products and byproducts from and poultry caused by a paramyxovirus. the Chief under these provisions. regions where exotic Newcastle disease END is one of most infectious diseases (c) Enforcement action undertaken by or highly pathogenic avian influenza of poultry in the world. A death rate of NRCS in furtherance of its vested subtype H5N1 are considered to exist. almost 100 percent can occur in property rights are under the They are necessary to prevent the unvaccinated poultry flocks. END can jurisdiction of the Federal District Court introduction of highly pathogenic avian also infect and cause death even in and not subject to review under influenza into the United States. vaccinated birds and poultry. administrative appeal regulations. DATES: This interim rule is effective on Avian influenza is caused by a § 1491.32 Scheme or device. January 24, 2011. We will consider all orthomyxovirus, the same family that comments that we receive on or before includes viruses that cause human (a) If it is determined by NRCS that a March 25, 2011. influenza. Worldwide, there are many eligible entity has employed a scheme ADDRESSES: You may submit comments strains of avian influenza (AI) virus that or device to defeat the purposes of this can cause varying amounts of clinical part, any part of any program payment by either of the following methods: • Federal eRulemaking Portal: Go to illness in birds and poultry. AI viruses otherwise due or paid to such an http://www.regulations.gov/fdmspublic/ can infect chickens, turkeys, pheasants, eligible entity during the applicable component/main?main=Docket quail, ducks, geese and guinea fowl, as period may be withheld or be required Detail&d=APHIS-2006-0074 to submit well as a wide variety of other birds. to be refunded, with interest, as or view comments and to view Migratory waterfowl have proved to be determined appropriate by NRCS on supporting and related materials a natural reservoir for the less virulent behalf of the CCC. available electronically. strains of the disease known as low- (b) A scheme or device includes, but • Postal Mail/Commercial Delivery: pathogenicity avian influenza. is not limited to, coercion, fraud, Please send one copy of your comment Classification of AI viruses is based misrepresentation, and depriving any to Docket No. APHIS–2006–0074, on both biological and molecular other person or entity of payments for Regulatory Analysis and Development, characteristics of the virus. AI viruses easements for the purpose of obtaining PPD, APHIS, Station 3A–03.8, 4700 are identified by a combination of two a payment to which a person would River Road, Unit 118, Riverdale, MD groups of surface proteins; the otherwise not be entitled. 20737–1238. Please state that your hemagglutinin or H proteins and the Signed this 11th day of January, 2011 in comment refers to Docket No. APHIS– neuraminidase or N proteins. AI viruses Washington, DC. 2006–0074. also are characterized as low pathogenic Dave White, Reading Room: You may read any (LP) or highly pathogenic (HP) by their Vice-President, Commodity Credit comments that we receive on this ability to produce disease or by Corporation and Chief, Natural Resources docket in our reading room. The reading molecular characteristics. The ability to Conservation Service. room is located in room 1141 of the cause clinical signs may depend on the [FR Doc. 2011–1212 Filed 1–21–11; 8:45 am] USDA South Building, 14th Street and species of bird infected and may change BILLING CODE 3410–16–P Independence Avenue, SW., over time, becoming more or less

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pathogenic. Highly pathogenic avian disease conditions in the area or region vaccinated against Newcastle virus influenza (HPAI) is an extremely of origin. because it is standard practice in the infectious and potentially fatal form of United States. We are changing that Changes Affecting the Importation of the disease in birds and poultry that, required statement to ‘‘the birds have Live Birds and Poultry once established, can spread rapidly not been vaccinated with a vaccine for from flock to flock. This interim rule makes several any H5 or H7 subtype of avian In general, AI viruses of H5 and H7 changes to the requirements for influenza.’’ We are also changing the subtypes are considered to be of greatest importing live birds and poultry to similar statement contained in the concern. The H5N1 subtype of HPAI improve protection against the parallel certificate requirement for (referred to below as HPAI subtype introduction of all subtypes of HPAI. ratites in § 93.104(c)(5) to read ‘‘the H5N1) that has caused outbreaks in First, we are prohibiting the entry of ratites have not been vaccinated with a birds and poultry in Asia, Africa, live birds or poultry that have been vaccine for any H5 or H7 subtype of Europe, and other foreign regions has vaccinated for any H5 or H7 subtype of avian influenza.’’ We are also adding a never been found in the United States. avian influenza. The prohibition will statement to § 93.205, ‘‘Certificate for Other forms of HPAI have been detected also apply to hatching eggs 1 that were poultry,’’ to read ‘‘The certificate shall in 1924, 1983 and 2004 in domestic laid by birds or poultry vaccinated for also state that the poultry have not been poultry in this country. The 2004 the H5 or H7 subtypes of avian vaccinated with a vaccine for any H5 or outbreak was confined to a single flock influenza. The current prohibition in H7 subtype of avian influenza.’’ A and rapidly eradicated. There were no the regulations applies only to birds complementary sentence is added to human illnesses reported in connection (including hatching eggs) that have been § 93.205(b) addressing poultry hatching with these outbreaks; however, HPAI vaccinated for Newcastle disease. eggs, requiring that the certificate subtype H5N1 has caused human illness The changes we are making are based accompanying them to state that ‘‘the and death in other countries where on our emergency preparedness plans hatching eggs are from poultry that have people have handled or been in close for HPAI and the experience we gained not been vaccinated with a vaccine for contact with infected birds or poultry. following the 2004 outbreak of H5N2 in any H5 or H7 subtype of avian Live Birds and Poultry Gonzales County, TX. The preparedness influenza.’’ These new certificate plan is based on the best available statement requirements are expected to The regulations in part 93, subparts A science and developed in consultation add a recordkeeping burden of about 30 and B, require that most birds and with academic and industry experts. We minutes for each of the approximately poultry imported into the United States have adopted a policy that reserves the 718 certificates obtained each year, or a be accompanied by a permit and health use of H5 or H7 AI vaccines for control total burden of about 358 hours. These certificate and be quarantined upon of HPAI outbreaks with the intent to changes will effectively prohibit the arrival for a minimum of 30 days to implement vaccination on a strategic importation of any live birds or live ensure the birds’ or poultry’s freedom basis and under the supervision or poultry that have been vaccinated for from END, HPAI subtype H5N1, and control of USDA as part of an official any H5 or H7 subtype of avian other communicable diseases, including USDA animal disease control program. influenza, including hatching eggs from other subtypes of HPAI. Pet birds of U.S. The regulations in § 93.106 and such birds. origin that are returning to the United § 93.209 require that birds and poultry Second, we are prohibiting the States and that have not been in any be quarantined in an approved facility importation into the United States of region where HPAI subtype H5N1 exists for at least 30 days after importation live birds or poultry that transit regions have been exempt from quarantine if into the United States and tested during where HPAI of any subtype is they have been outside the country for quarantine for communicable diseases considered to exist. Live birds and less than 60 days. Such pet birds have of poultry. Such testing now includes poultry cannot be kept in completely been allowed to be maintained in testing for all subtypes of avian sealed containers or otherwise protected confinement at the owner’s residence, influenza. Vaccination for H5 or H7 from contamination during shipment to rather than in a USDA quarantine strains of avian influenza could mask the United States. The World facility, if they have been outside the the presence of infection in imported country for 60 days or more. Any U.S. Organization for Animal Health (the birds, and vaccinated birds would have OIE) has found that secondary spread of origin pet birds or performing or antibodies to H5 or H7 that would be theatrical birds or poultry that are avian influenza viruses is mainly by detected during quarantine or routine mechanical transfer of infective faeces, returning to the United States and that surveillance, resulting in the birds being have been in any region where HPAI in which virus may be present at high handled as if they were infected. concentrations and may survive for subtype H5N1 exists have been required Therefore, we are adding two new to undergo quarantine in a USDA considerable periods and that the virus requirements addressing vaccination to may be spread by birds or other animals facility, and may only be imported Subpart A—Birds and Subpart B— through certain ports (Los Angeles, CA, that are not themselves susceptible to Poultry in part 93. There is currently a infection that become contaminated Miami, FL, or New York, NY). The statement in paragraph (b)(4) of regulations have also prohibited the through contact with infected birds in § 93.104, ‘‘Certificate for pet birds, transit.2 Water or feed present during importation of birds that have been commercial birds, zoological birds, and vaccinated against Newcastle virus. transit may also become contaminated. research birds,’’ that requires that the In some cases caretakers, farm owners While the regulations do not explicitly certificate accompanying such birds prohibit the importation of live birds or and staff, and trucks and drivers moving state that ‘‘the birds have not been birds or delivering food have been poultry from countries where END or vaccinated with Newcastle disease HPAI is considered to exist, APHIS has implicated in the spread of virus. vaccine.’’ We are removing the Consequently, there are significant risks been effectively prohibiting such requirement that birds are not imports by denying import permits 2 See, e.g., World Organization for Animal Health, under § 93.103(a)(2)(i) and 1 Hatching eggs are eggs intended and used for Draft Report of the Meeting of the OIE Ad Hoc § 93.204(a)(2), which allow a permit to hatching, and do not include embryonated eggs for Group on Avian Influenza, Paris, 12–14 November be denied based on communicable consumption, such as balut eggs. 2003.

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of live birds or poultry contracting HPAI be imported only for consignment to an such importation could be made under if allowed to move through regions approved establishment, or if they are conditions that will prevent the where HPAI is considered to exist en packed in hermetically sealed introduction of HPAI subtype H5N1. route to the United States. containers and cooked by a commercial Such conditions are specified in the We are making this change in method after such packing such that permit. § 93.104, ‘‘Certificate for pet birds, they are shelf stable without Although prior to this interim rule, commercial birds, zoological birds, and refrigeration, or if they have been § 94.6(b) applied only to carcasses and research birds,’’ which describes the thoroughly cooked. Paragraph (b) also parts or products of carcasses of poultry, certificate requirements for live poultry, contained provisions for the importation game birds, or other birds from regions live birds, and hatching eggs imported of poultry carcasses or parts or products where END is considered to exist, into the United States, and in § 93.205, of carcasses that originate in a region similar restrictions have been in general ‘‘Certificate for poultry,’’ which free of END and are then processed in use among nations engaged in describes the certificate requirements a region where END is considered to international trade of poultry products for imported live poultry and hatching exist. Additionally, paragraph (b) to prevent the introduction of both END eggs. We are adding language to contained provisions for the importation and HPAI. Moreover, to date, all foreign paragraphs (b)(6) and (c)(7) of § 93.104, under permit of carcasses or parts or regions where HPAI is considered to and to paragraphs (a) and (b) of § 93.205 products of carcasses of poultry, game exist are also regions where END is to require that the certificate must state birds, or other birds that do not considered to exist, so the restrictions that the live poultry or birds it applies otherwise meet the requirements of have been applied de facto with regard to have not been moved through a paragraph (b), when the Administrator to both diseases. region identified in accordance with determines that such importation will However, APHIS expects that, over § 94.6(a) as a region where any form of not constitute a risk of introducing or time, additional regions will be highly pathogenic avian influenza disseminating END into the United determined to be free from END, and exists. States. some regions where END was Third, we are redescribing the Paragraph (c) of 94.6 contained considered to exist may successfully applicability of the requirements in requirements for importing eggs (other eradicate the disease and then be § 93.101(c)(3) and (f)(3) for importing than hatching eggs) from poultry, game determined free from END. In such pet and theatrical birds. These birds, or other birds if the birds or cases, import restrictions based on the paragraphs currently require poultry were raised in any region where presence of END would no longer apply importation only through certain ports END is considered to exist, if the eggs to the regions, and, thus, would no and quarantine for any U.S. origin pet are imported from any region where longer protect against HPAI if it exists birds or performing or theatrical birds or END is considered to exist, or if the eggs in the region. There is also a recent poultry that are returning to the United are moved into or through any region apparent increase in HPAI outbreaks States and that have been in any region where END is considered to exist at any worldwide and HPAI may become where HPAI subtype H5N1 exists. This time before importation or during established in a region where END has requirement will now apply to such shipment to the United States. never existed, resulting in an increasing birds that have been in any region Paragraph (c) provided that the eggs threat of introducing HPAI into the where HPAI of any subtype exists. This may be imported with a certificate that United States through imported poultry change is consistent with the other contains information documenting that or poultry products. Although we could changes in this rule that apply the eggs do not present a risk of take immediate action as outbreaks requirements equally whether HPAI introducing END; or the eggs may be occur to issue Federal emergency action subtype H5N1 or other subtypes are imported into an approved orders to prohibit the importation of involved. establishment for breaking and birds and poultry and bird and poultry pasteurization; or the eggs may be carcasses, or parts or products of Bird and Poultry Products and imported into an approved carcasses, from such regions under the Byproducts establishment for scientific, educational, Animal Health Protection Act (7 U.S.C. Prior to this interim rule, the or research purposes. Additionally, 8301 et seq.), we have determined that regulations in part 94, § 94.6, restricted paragraph (c) contained provisions for we need to establish regulatory the importation of carcasses, parts of the importation under permit of eggs safeguards that will be triggered by the products of carcasses, and eggs (other (other than hatching eggs) that do not discovery of an outbreak of any form of than hatching eggs) of poultry, game otherwise meet the requirements of HPAI in commercial birds or poultry in birds, and other birds, from regions paragraph (c), when the Administrator a region, irrespective of whether END where END or HPAI subtype H5N1 are determines that such importation will exists in the region. considered to exist. not constitute a risk of introducing END Changes Affecting the Importation of Paragraph (a)(1) of § 94.6 stated that into the United States. END is considered to exist in all regions Paragraph (d) of § 94.6 listed regions Bird and Poultry Products and of the world except those listed in where HPAI subtype H5N1 is Byproducts paragraph (a)(2) of that section. considered to exist. Paragraph (e) of This interim rule explicitly applies Paragraph (a)(2) listed regions § 94.6 contained requirements for the END provisions in current considered to be free of END, based on importing unprocessed carcasses and § 94.6(b)(3), (b)(4), and (b)(5) that apply evaluations by APHIS. parts or products of unprocessed to bird and poultry carcasses, and parts Paragraph (b) of § 94.6 contained carcasses of poultry, game birds, or or products of carcasses, from regions requirements for importations from other birds from regions where HPAI where END exists to regions where any regions where END is considered to subtype H5N1 is considered to exist. subtype of HPAI is considered to exist. exist. Paragraph (b) provided that Paragraph (e) provided that such Paragraphs (b)(3) and (b)(4) of § 94.6 (except for game birds, which are unprocessed products could only be require the products to be cooked in a eligible for importation if eviscerated, imported under permit for scientific, manner that destroys the HPAI virus. with heads and feet removed) carcasses educational, or research purposes and if Paragraph (b)(5) addresses products that and parts or products of carcasses may the Administrator had determined that originate in a region free of END and are

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then processed in a region not Animal Health Code indicates that a indicates a need to do so. Therefore, we considered free of the disease. It allows standard of 73.9 °C (165 °F) for 0.51 particularly invite public comment on products from free regions to be seconds is equally or more effective.3 this issue. processed in regions not considered free Based on this OIE recommendation and The Lists of Regions under conditions designed to prevent the research supporting it, APHIS is contamination of the products. applying this revised cooking standard Prior to this interim rule, § 94.6(a)(1) This interim rule does not apply the with regard to both HPAI and END. We and (a)(2) identified regions where END END provisions in § 94.6(b)(1) regarding are rounding the temperature up from is considered to exist and regions that game birds to HPAI regions. This 73.9 °C to 74 °C, to make it more are considered to be free of END, paragraph states that carcasses of game practical for commercial treatment respectively. birds may be imported from an END situations, and are eliminating the ‘‘for We are consolidating paragraphs (a)(1) region if eviscerated, with heads and 0.51 seconds’’ part of the standard and (a)(2) into a single paragraph (a)(1). feet removed. We do not believe we because experience monitoring such We are also taking this opportunity to have enough information at this time to cooking has shown that if the articles add to § 94.6(a)(1) a sentence explaining conclude that this END-based restriction reach any given internal temperature, that a region on this list that is removed would also control HPAI. As discussed the temperature will endure for more due to an outbreak of END may be later in this document, we are than half a second. The cooking returned to the list in accordance with requesting public comment on this temperature of 74 °C (165 °F) is based the procedures for reestablishment of a issue. To make it clear that this interim on scientific data regarding the region’s disease-free status in § 92.4. rule paragraph does not allow temperature required to inactivate both This information does not add any new importation of carcasses of game birds types of viruses, but also includes a requirements regarding END; it merely from regions where HPAI exists, it adds small margin of error with regard to refers to another section of the the following sentence to § 94.6(b)(1): END to allow for the wide variety of regulations that is relevant to ‘‘Carcasses of game birds may not be commercial cooking practices around determining a region’s disease status. imported from regions where HPAI is the world. Although studies indicate We are also adding a new paragraph considered to exist.’’ that END can be inactivated at a slightly (a)(2) that establishes a list of regions in In connection with the changes lower temperature than HPAI, which HPAI of any subtype is related to HPAI, we are establishing a approximately 72 °C (162 °F), having a considered to exist. This list will list of regions where HPAI of any single standard will make the include all regions where we consider subtype exists. This list is discussed in regulations easier to apply and enforce HPAI subtype H5N1 to exist: more detail below under the heading and will ensure that products from Afghanistan, Albania, Azerbaijan, ‘‘The Lists of Regions.’’ Note that we are regions where either or both diseases Bangladesh, Benin, Burkina Faso, creating a single list of regions where exist do not present a risk of introducing Cambodia, Cameroon, China, Djibouti, any subtype of HPAI is considered to either disease. Setting the same Egypt, Ghana, Hong Kong, India, exist because we are applying the same temperature requirement with regard to Indonesia, Iran, Iraq, Israel, Ivory Coast conditions to importations from regions both diseases also reduces the (Coˆte d’Ivoire), Japan, Jordan, where HPAI subtype is considered to possibility for processing error that Kazakhstan, Kuwait, Laos, Malaysia, exist, regardless of the subtype of HPAI. could occur if cooking operations Myanmar, Nepal, Niger, Nigeria, needed to frequently switch between, Pakistan, Palestinian Autonomous Processed Carcasses, and Parts or ° ° Territories, Romania, Russia, Saudi Products of Carcasses for instance, the former 70 C (158 F) OIE standard still used by some Arabia, South Korea, Sudan, Thailand, In addition to applying certain countries, a 72 °C (162 °F) requirement Togo, Turkey, Ukraine, and Vietnam. requirements in § 94.6(b), ‘‘Carcasses, for END, and a 74 °C (165 °F) We are removing the list of regions and parts or products of carcasses, from requirement for HPAI. where HPAI subtype H5N1 is regions where END is considered to The cooking temperatures required to considered to exist in § 94.6(d) because exist,’’ to HPAI as well as END, we are inactivate these viruses are a matter of it is no longer needed. These changes making one substantive change, both regulatory and commercial consolidate into § 94.6(a) all the listings concerning cooking, to these concern. If the standard is set too low, of the disease status of regions for END requirements. there is a risk that significant amounts and HPAI, making § 94.6 easier to Prior to this interim rule, paragraph of infectious material may survive follow. (b)(4) of § 94.6 required that cooked cooking. If the standard is set Unlike paragraph (a)(1), which carcasses, parts, or products of poultry unnecessarily high, it increases the cost maintains a list of regions in the CFR, or other birds from END regions ‘‘have for producers and may degrade some new paragraph (a)(2) for HPAI of any a thoroughly cooked appearance products. We do not expect the new subtype will refer to a list that APHIS throughout.’’ In adapting this standard will significantly increase the will maintain on its Web site. Copies of requirement to apply to both END and cost of required cooking. Various the list will also be available via postal HPAI, we are changing the requirement scientific studies 4 are underway to mail, fax, or e-mail upon request to to read that the articles must be ‘‘cooked further examine the optimal cooking APHIS, Veterinary Services, National to reach a minimum internal standards to inactivate END or HPAI Center for Import and Export. Paragraph ° temperature throughout of 74 C (165 viruses in products, and APHIS may (a)(2)(ii) describes the procedures for ° F).’’ revisit this standard if new information adding regions to and removing regions To protect against both END and from the list. The public will have the HPAI, cooking must be sufficient to 3 OIE, Terrestrial Animal Health Code 2007, opportunity to comment on any changes inactivate the viruses in poultry meat Appendix 3.6.5, ‘‘Guidelines for the Inactivation of to the list. that cause these diseases. The former the Avian Influenza Virus’’; http://www.oie.int/eng/ The purpose of maintaining the list on recommendation by the OIE was for normes/mcode/code2007/en_chapitre_3.6.5.htm. the Web site is to maintain the most 4 cooking that achieves an internal E.g., Thomas, C., King, D.J., Swayne, D.E. 2008. accurate, up-to-date list possible in a ° ° Thermal inactivation of avian influenza and temperature of 70 C (158 F) for 5 Newcastle disease viruses in chicken meat. Journal location where affected parties can seconds, but the 2007 Terrestrial of Food Protection. 71(6):1214–1222. easily view recent changes. The Web

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site list should be particularly useful Export Web site at http:// § 94.6 is therefore retitled ‘‘Carcasses, when a new region is added to the list, www.aphis.usda.gov/import_export/ and parts or products of carcasses, which occurs immediately after APHIS animals/animal_disease_status.shtml. including meat, from regions where receives reliable reports of a new Prior to this interim rule, the END or HPAI is considered to exist.’’ As outbreak. Changes to lists maintained in regulations in § 95.30 provided that part of this consolidation we are moving the CFR are typically not published products and byproducts of poultry, the requirements addressing products until days or even weeks after APHIS game birds, or other birds from regions from a region where HPAI subtype determines a region should be added to where HPAI subtype H5N1 is H5N1 is considered to exist from the list. As discussed in more detail considered to exist could only be § 94.6(e) into § 94.6(b)(2), which applies below under the heading ‘‘Related Issues imported under permit and in to all subtypes of HPAI. Those on Which APHIS is Seeking Comment,’’ accordance with conditions specified in requirements state that articles from we particularly invite commenters to the permit to prevent the introduction of such regions may only be consigned to address whether this approach should HPAI subtype H5N1 into the United certain types of establishments also be used not only for the new HPAI States. This section covers feathers, approved by the Administrator, must be list of regions, but also with regard to birds’ nests, bird trophies, and other accompanied by a permit, and must be the END list of regions in § 94.6(a)(1). products and byproducts not suitable moved and handled as specified on the A region will be added to the list of for human consumption, whereas the permit. We are also removing § 94.6(e), regions where HPAI exists when APHIS regulations in part 94 generally cover because the requirements of this receives reports of outbreaks of the meat and other products suitable for paragraph have been incorporated into disease in commercial birds or poultry human consumption. This interim rule § 94.6(b)(2). in the region from veterinary officials of applies the regulatory requirements in We are adding the word ‘‘meat’’ in the national government of the region this section to all subtypes of HPAI. several places in § 94.6 where the text and/or the World Organization for Approved Establishments has said only ‘‘carcasses and parts or Animal Health (the OIE). The ’’ Paragraph (b)(5) of § 94.6 concerns products of carcasses. The phrase Administrator of APHIS may also add a ‘‘ processing of products in foreign carcasses and parts or products of region to the list based on outbreak ’’ regions. A footnote to that paragraph carcasses includes meat in its meaning, reports he or she receives from other but adding the word makes that clearer. sources the Administrator determines to (footnote 5 prior to this interim rule, and renumbered in this interim rule as We are also adding text and footnotes to be reliable; e.g., reports from APHIS refer readers to part 95 for regulations inspectors based in foreign countries. footnote 7) states that, as a condition of entry into the United States, products covering products not intended for This last means of adding regions to the human consumption. list allows APHIS to take prompt action must be prepared only in what the as soon as it reliably learns of an footnote calls ‘‘approved Corresponding Changes in Other Parts outbreak, even before reports have been establishments.’’ Prior to this interim of Title 9, Subchapter D received and referred by the exporting rule, the term ‘‘approved Finally, in conjunction with the country’s animal health agency or the establishments’’ in this footnote referred changes to § 94.6 discussed above, we OIE. This is the same basis APHIS has to establishments approved under the are making several changes to parts 93, used to remove regions from the list of Poultry Products Inspection Act (PPIA, 94, and 95 that refer to § 94.6. All but regions considered free of END, and to 21 U.S.C. 451 et seq.) to prepare food three of these changes simply correct add regions to the list of regions where products in accordance with regulations references to § 94.6(d)—the former HPAI subtype H5N1 is considered to of USDA’s Food Safety and Inspection location of the list of regions in which exist. The principle is the same for all Service (FSIS). To avoid confusion with HPAI subtype H5N1 is considered to such lists—the lists are changed as soon other uses of the term ‘‘approved ‘‘ ’’ as APHIS has reliable reports of an establishment’’ in the regulations, we are exist—to instead read § 94.6(a)(2). outbreak of the relevant disease in the changing the term that refers to One of the remaining changes is to region. establishments operating under the § 93.205, which contains certificate A region will be removed from the list PPIA to ‘‘processing establishment.’’ We requirements for live poultry and of regions where HPAI is considered to believe this change will prevent hatching eggs. We are making exist only after APHIS completes an possible confusion due to the use of the nonsubstantive changes to § 93.205 to evaluation and makes it available for term ‘‘approved establishment’’ in two simplify it slightly and divide it into public comment through a notice other paragraphs in § 94.6. In a footnote three subordinate paragraphs for ease in published in the Federal Register. to § 94.6(b)(2) (footnote 4 prior to this reading. Following the close of the comment interim rule, and renumbered in this The remaining two changes address period, we will publish another notice interim rule as footnote 5), the term requirements in §§ 93.209(b) and 94.26 responding to comments and refers to museums, educational that have applied to regions where END announcing APHIS’ decision. institutions, or other establishments that is considered to exist. These In assessing the region’s disease are approved to receive bird or poultry requirements must now apply to regions status, APHIS takes into consideration carcasses for educational purposes. In where either END or HPAI exist. In our regulations in Part 92, ‘‘Importation § 94.6(c)(2), the term refers to § 93.209(b), the relevant requirement is of Animals and Animal Products: establishments that are approved by that poultry hatching eggs must be Procedures For Requesting Recognition FSIS for breaking and pasteurization of quarantined upon arrival in the United of Regions,’’ as well as the standards of eggs in a manner that will prevent the States for at least 30 days, unless they the OIE for disease-free status and all spread of disease. are from a region considered free of END relevant information obtained from and HPAI. Section 94.26 now requires veterinary authorities in the region and Products an additional certification statement and through public comments. Additional We are consolidating into one other requirements to import live information about the information paragraph the requirements for poultry and other products from certain APHIS will review can be found on the carcasses and products with regard to regions that supplement their meat APHIS National Center for Import and both END and HPAI. Paragraph (b) of supply from, or have a common land

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border with, regions considered to have comments and announcing APHIS’ when APHIS develops a rule on the either END or HPAI. decision. subject. Those who wish to comment on In assessing the region’s disease this issue should also review a final rule Related Issues on Which APHIS Is status, APHIS would take into APHIS published in the Federal Seeking Comment consideration the same information it Register on April 22, 2009 (‘‘Importation There are several additional issues does now—our region recognition of Table Eggs from Regions Where related to HPAI and END for which we standards in part 92, the standards of Exotic Newcastle Disease Exists,’’ are seeking public comment. This the OIE for disease-free status, and all Docket No. APHIS–2007–0014; 74 FR interim rule does not make any of the relevant information obtained from 18285–18288). That document changed possible changes discussed below, veterinary authorities in the region and § 94.6(c) to create a protocol for targeted because there are no immediate risks through public comments. Additional END testing of a statistically valid associated with them that would justify information about the factors APHIS sample of dead, dying, and cull birds. immediate action. However, we believe reviews to determine a region’s END We believe it would also be possible to the following changes would improve and HPAI statuses may be found on the create such a targeted testing program the effectiveness of our programs to APHIS National Center for Import and for HPAI, although the sample sizes, prevent the introduction of HPAI, END, Export Web site at http:// type of tests, and other technical details and other poultry diseases. www.aphis.usda.gov/import_export/ would vary. As discussed above, the new list of animals/animal_disease_status.shtml. We also seek public comment on regions considered to have HPAI of any After evaluating public comments whether and how the requirements in subtype will be maintained on the received on this issue in response to this § 94.6(b)(1) for importing carcasses of APHIS Web site, not in the CFR. We are interim rule, we may publish a final rule game birds from regions where END also considering listing the regions to establish a Web site list of regions’ exists should be changed. This where END is considered to exist on the disease status for END. That final rule paragraph primarily affects hunters Web rather than in the CFR, and we are would also remove the END list from returning to the United States with game soliciting public comment on this issue. § 94.6(a)(1). We would at that time also birds they have shot. It allows carcasses This change would help us maintain the name the regions included in the END of game birds to be imported from most accurate, up-to-date list possible in Web site list, including any regions that regions where END exists if they have a location where affected parties can have been added based on reports of been eviscerated and the heads and feet easily view recent changes. We would END outbreaks since the last time the removed. The viscera, heads, and feet continue to provide an opportunity for list was amended in the CFR. may not be imported into the United public comment on changes to the list. We also seek public comment on States. We are seeking comment on As now, when APHIS determines that a whether and how to change paragraph whether we should apply the same disease is present in a region that (c) of § 94.6 to address risks associated conditions to importation of carcasses of presents a potential threat to animal with importing table eggs from regions game birds from regions with HPAI. We health in the United States, we would where HPAI is considered to exist. further seek comment on whether take immediate action to restrict imports Paragraph 94.6(c) addresses importation different requirements should apply to from that region. However, we would of eggs (other than hatching eggs, which carcasses of game birds depending on not follow that action with an interim are regulated by part 93) from regions whether they are imported from a region rule in the Federal Register (which is where END is considered to exist. It with HPAI subtype H5N1, or from a necessary to change text in the CFR, currently authorizes four ways such region with another subtype of HPAI. In where the lists are currently located). eggs may be imported, one of which is your comments, please address how any Instead, we would list the region on the with a certificate stating that the flocks such requirement would address the APHIS Web site, and announce the meet certain disease monitoring and risks of spreading HPAI associated with listing through a notice, rather than a testing requirements. These importing carcasses of game birds. rule, in the Federal Register, with an requirements involve placing sentinel opportunity for public comment. As birds in the flock and later testing them Immediate Action explained previously with respect to the for END, or alternatively testing the This action is necessary to ensure process for adding or removing a region carcasses of any poultry that die in the continuing protection against the from the Web list for HPAI, we would flock and also testing at least 10 percent introduction of HPAI into the United consider END to exist in a region when of live birds. We are considering adding States. All subtypes of HPAI are threats APHIS receives reports of outbreaks of HPAI to the coverage of this paragraph, to U.S. poultry industries, and current the disease in commercial birds or and requiring the appropriate tests and regulations do not directly address all poultry in the region from veterinary flock surveillance for HPAI where such subtypes of HPAI, relying instead on the officials of the national government of tests and surveillance are already overlapped protection afforded by END the region and/or the World required for END. restrictions. However, continuing rapid Organization for Animal Health (the This document does not make any changes in world trade patterns make it OIE), or receives reports of an outbreak changes to § 94.6(c) related to HPAI likely that eventually poultry products from another source that the because APHIS is still considering may be imported from a region with Administrator determines to be reliable; issues concerning the importation of HPAI but without END. Under these e.g., APHIS inspectors based in foreign table eggs from regions where HPAI is circumstances, the Administrator has countries. considered to exist, and we are determined that prior notice and We would add a region to the list of soliciting public comment on the issues. opportunity for public comment are those considered to be free of END only In particular, we seek comments on contrary to the public interest and that after completing an evaluation and whether a targeted testing program for there is good cause under 5 U.S.C. 553 making it available for public comment. HPAI in egg flocks in foreign regions is for making this action effective less than We would do this through a notice in advisable, and how it could be designed 30 days after publication in the Federal the Federal Register. Following the to provide a statistically valid testing Register. close of the comment period, we would regimen. Any comments we receive on We will consider comments we publish another notice responding to this subject will be considered if and receive during the comment period for

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this interim rule (see DATES above). and the associated costs should be borne where any subtype of HPAI is After the comment period closes, we largely by importers of poultry and considered to exist. The rule includes will publish another document in the poultry products. information collection activities. In Federal Register. The document will Based on the domestic production many cases the information collection include a discussion of any comments and trade volumes, the interim rule is activities with regard to HPAI are we receive and any amendments we are likely to benefit producers by protecting already occurring because the countries making to the rule. domestic flocks against the introduction involved have END. New information of HPAI, while effects on consumers are collections will generally occur only Executive Order 12866 and Regulatory expected to be negligible. The costs of when products are imported from a Flexibility Act complying with the requirements of the country where HPAI is considered to This rule has been determined to be rule will largely be borne by persons exist but END is not considered to exist. significant for the purposes of Executive importing poultry and poultry products Such cases should be rare, but when Order 12866 and, therefore, has been into the United States. We do not expect they do occur the information reviewed by the Office of Management small entities to be significantly affected collections are associated with and Budget. by the interim rule, other than to benefit certificates and with recordkeeping We have prepared an economic from the reduced risk of introduction required for processing facilities. analysis for this rule. The economic into the United States of HPAI. Overall, In addition, this rule requires an analysis provides a cost-benefit analysis, the restrictions placed on imports of additional statement on the certificate as required by Executive Order 12866, birds, poultry, and bird and poultry already required by § 93.104 for and an initial regulatory flexibility products will closely follow those imported live birds and by § 93.205 for analysis that examines the potential already in place for END. The only imported live poultry. That certificate economic effects of this interim rule on substantive change will affect certain must now contain an additional small entities, as required by the cooked poultry products with a statement that the poultry it applies to Regulatory Flexibility Act. The requirement that cooked poultry have not been moved through a region economic analysis is summarized carcasses or parts or products of considered to have any subtype of below. Copies of the full analysis are carcasses be heated to a minimum HPAI. Also, the certificate currently available by contacting the person listed internal temperature of 74 °C (165 °F) required by § 94.26 to import live under FOR FURTHER INFORMATION before shipment to the United States. poultry and other products from certain CONTACT or on the Regulations.gov Web regions that supplement their meat Executive Order 12988 site (see ADDRESSES above for supply from, or have a common land instructions for accessing This rule has been reviewed under border with, regions considered to have Regulations.gov). The economic analysis Executive Order 12988, Civil Justice END will now also be required for is also available for review in our Reform. This rule: (1) Has no retroactive imports from regions considered to have reading room (information on the effect and (2) does not require HPAI. location and hours of the reading room administrative proceedings before We are soliciting comments from the is listed under the heading ADDRESSES at parties may file suit in court challenging public (as well as affected agencies) the beginning of this document). this rule. concerning our information collection This rule amends the regulations Paperwork Reduction Act and recordkeeping requirements. These concerning the importation of animals comments will help us: and animal products to prohibit or In accordance with section 3507(j) of (1) Evaluate whether the information restrict the importation of live birds and the Paperwork Reduction Act of 1995 collection is necessary for the proper poultry and bird and poultry products (44 U.S.C. 3501 et seq.), the information performance of our agency’s functions, from regions where any subtype of collection and recordkeeping including whether the information will highly pathogenic avian influenza is requirements included in this interim have practical utility; considered to exist. The rule also adds rule have been submitted for emergency (2) Evaluate the accuracy of our restrictions concerning importation of approval to the Office of Management estimate of the burden of the live poultry and birds that have been and Budget (OMB). OMB has assigned information collection, including the vaccinated for the H5 and H7 subtypes control number 0579–0367 to the validity of the methodology and of avian influenza, or that have moved information collection and assumptions used; through regions where any subtype of recordkeeping requirements. (3) Enhance the quality, utility, and HPAI is considered to exist. These We plan to request continuation of clarity of the information to be restrictions supplement existing that approval for 3 years. Please send collected; and restrictions on the importation of live written comments on the 3-year (4) Minimize the burden of the birds and poultry, and bird and poultry approval request to the following information collection on those who are products and byproducts from regions addresses: (1) Office of Information and to respond (such as through the use of where exotic Newcastle disease or HPAI Regulatory Affairs, OMB, Attention: appropriate automated, electronic, subtype H5N1 are considered to exist. Desk Officer for APHIS, Washington, DC mechanical, or other technological They are necessary to prevent the 20503; and (2) Docket No. APHIS–2006– collection techniques or other forms of introduction of HPAI into the United 0074, Regulatory Analysis and information technology; e.g., permitting States. Development, PPD, APHIS, Station electronic submission of responses). Because of the current substantial 3A–03.8, 4700 River Road Unit 118, Estimate of burden: Public reporting overlap between existing restrictions to Riverdale, MD 20737–1238. Please state burden for this collection of information prevent the importation of articles that that your comments refer to Docket No. is estimated to average 0.4986072 hours could introduce END and the new APHIS–2006–0074 and send your per response. restrictions to prevent the importation comments within 60 days of publication Respondents: U.S. importers, owners of articles that could spread HPAI, this of this rule. or operators of establishments that rule is not expected to cause significant This interim rule affects the handle restricted or controlled economic effects. The effects it does importation of birds and poultry and materials, and foreign animal health have benefit domestic poultry producers bird and poultry products from regions authorities.

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Estimated annual number of ■ a. In paragraph (a), by adding a new ■ a. In paragraph (a), by adding a new respondents: 416. sentence at the end of the paragraph to sentence at the end of the paragraph to Estimated annual number of read as set forth below. read as set forth below. responses per respondent: 1.7259615. ■ b. In paragraphs (c)(2)(i) introductory ■ b. In paragraphs (c)(2) and (c)(3), by Estimated annual number of text, (c)(2)(ii) introductory text, and removing the words ‘‘subtype H5N1’’ responses: 718. (c)(2)(ii)(E)(2)(ii), by removing the words each time they appear. Estimated total annual burden on ‘‘ ’’ subtype H5N1 each time they appear. § 93.201 General prohibitions; exceptions. respondents: 358 hours. (Due to ■ c. In paragraph (c)(3), by removing the averaging, the total annual burden hours words ‘‘listed in § 94.6(d) of this (a) * * * No live poultry, and no may not equal the product of the annual subchapter as a region where highly hatching eggs from poultry, shall be number of responses multiplied by the pathogenic avian influenza subtype imported into the United States if the reporting burden per response.) H5N1’’ and adding the words ‘‘identified poultry have been vaccinated for the H5 or H7 subtype of avian influenza. Copies of this information collection in accordance with § 94.6(a)(2) of this can be obtained from Mrs. Celeste subchapter as a region where highly * * * * * Sickles, APHIS’ Information Collection pathogenic avian influenza’’ in their ■ 5. Section 93.205 is revised to read as Coordinator, at (301) 851–2908. place. follows: ■ E-Government Act Compliance d. In paragraphs (f)(2) introductory § 93.205 Certificate for live poultry and text and (f)(2)(iii)(B)(2), by removing the hatching eggs. The Animal and Plant Health words ‘‘subtype H5N1’’ each time they Inspection Service is committed to (a) Live poultry. All live poultry, appear. except eggs for hatching, offered for compliance with the E-Government Act ■ e. In paragraph (f)(3), by removing the importation from any region of the to promote the use of the Internet and words ‘‘listed in § 94.6(d) of this other information technologies, to world shall be accompanied by a subchapter as a region where highly certificate stating that such poultry and provide increased opportunities for pathogenic avian influenza subtype citizen access to Government their flock or flocks of origin were H5N1’’ and adding the words ‘‘identified inspected on the premises of origin information and services, and for other in accordance with § 94.6(a)(2) of this purposes. For information pertinent to immediately before the date of subchapter as a region where highly movement from such region and that E-Government Act compliance related pathogenic avian influenza’’ in their they were then found to be free of to this interim rule, please contact Mrs. place. evidence of communicable diseases of Celeste Sickles, APHIS’ Information poultry. The certificate shall also state Collection Coordinator, at (301) 851– § 93.101 General prohibitions; exceptions. that, as far as it has been possible to 2908. (a) * * * No live birds, and no determine, during the 90 days prior to hatching eggs from birds, shall be List of Subjects movement, the poultry were not imported into the United States if the exposed to communicable diseases of 9 CFR Part 93 birds have been vaccinated for the H5 or poultry and the premises were not in H7 subtype of avian influenza. Animal diseases, Imports, Livestock, any area under quarantine. The Poultry and poultry products, * * * * * certificate shall also state that the Quarantine, Reporting and § 93.104 [Amended] poultry have not been vaccinated with recordkeeping requirements. a vaccine for the H5 or H7 subtype of ■ 3. Section 93.104 is amended as 9 CFR Part 94 avian influenza. The certificate shall follows: also state that the poultry have been Animal diseases, Imports, Livestock, ■ a. In paragraph (b)(4), by removing the kept in the region from which they are Meat and meat products, Milk, Poultry words ‘‘Newcastle disease vaccine’’ and offered for importation since they were and poultry products, Reporting and adding the words ‘‘with a vaccine for the hatched, or for at least 90 days recordkeeping requirements. H5 or H7 subtype of avian influenza’’ in immediately preceding the date of their place. 9 CFR Part 95 movement, that the poultry have not ■ b. In paragraph (b)(6), by adding the been moved through a region identified Animal feeds, Hay, Imports, words ‘‘, and that the birds have not in accordance with § 94.6(a) of this Livestock, Reporting and recordkeeping been moved through a region identified subchapter as a region where any form requirements, Straw, Transportation. in accordance with § 94.6(a) of this of highly pathogenic avian influenza Accordingly, we are amending 9 CFR subchapter as a region where highly exists, and that, as far as it has been parts 93, 94, and 95 as follows: pathogenic avian influenza exists’’ possible to determine, no case of immediately after the words European fowl pest (fowl plague) or PART 93—IMPORTATION OF CERTAIN ‘‘exportation of the birds’’. Newcastle disease occurred on the ANIMALS, BIRDS, FISH, AND ■ c. In paragraph (c)(5), by adding the premises where such poultry were kept, POULTRY, AND CERTAIN ANIMAL, words ‘‘or with a vaccine for the H5 or or on adjoining premises, during that BIRD, AND POULTRY PRODUCTS; H7 subtype of avian influenza’’ 90-day period. REQUIREMENTS FOR MEANS OF immediately after the word ‘‘vaccine’’. (b) Hatching eggs. All eggs for CONVEYANCE AND SHIPPING ■ d. In paragraph (c)(7), by adding the hatching offered for importation from CONTAINERS words ‘‘, and that the ratites have not any part of the world shall be been moved through a region identified accompanied by a certificate stating that ■ 1. The authority citation for part 93 in accordance with § 94.6(a) of this the flock or flocks of origin were found continues to read as follows: subchapter as a region where highly upon inspection to be free from Authority: 7 U.S.C. 1622 and 8301–8317; pathogenic avian influenza exists’’ evidence of communicable diseases of 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; immediately after the word poultry, the hatching eggs are from 7 CFR 2.22, 2.80, and 371.4. ‘‘exportation’’. poultry that have not been vaccinated ■ 2. Section 93.101 is amended as ■ 4. Section 93.201 is amended as with a vaccine for the H5 or H7 subtype follows: follows: of avian influenza and that during the

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90 days prior to movement, the flock or § 94.6 Carcasses, meat, parts or products sources the Administrator determines to flocks of origin were not exposed to of carcasses, and eggs (other than hatching be reliable. APHIS will remove a region communicable diseases of poultry and eggs) of poultry, game birds, or other birds; from this list only after it conducts an the premises were not in any area under importations from regions where exotic evaluation of the region and finds that Newcastle disease or highly pathogenic quarantine. avian influenza is considered to exist. HPAI is not likely to be present in its commercial bird or poultry populations. (c) Nature of certificate. The (a) Disease status of regions for exotic certificate required by this section shall (b) Carcasses, and parts or products of Newcastle disease (END) and highly carcasses, including meat, from regions be issued by a salaried veterinary officer pathogenic avian influenza (HPAI). of the national government of the region where END or HPAI is considered to (1) Regions in which END is not exist. This paragraph applies to of origin, or if the articles are exported considered to exist. (i) END is from Mexico, may alternatively be carcasses, and parts or products of considered to exist in all the regions of carcasses,4 including meat, of poultry, issued by a veterinarian accredited by the world except the following: the National Government of Mexico and game birds, or other birds that were Argentina, Australia, Canada, Chile, raised or slaughtered in any region endorsed by a full-time salaried Costa Rica, Denmark, Fiji, Finland, veterinary officer of the National where END or any subtype of HPAI is France, Great Britain (England, considered to exist (see paragraph (a) of Government of Mexico, thereby Scotland, Wales, and the Isle of Man), representing that the veterinarian this section); are imported from any Greece, Iceland, Luxembourg, Mexico such region; or are moved into or issuing the certificate was authorized to (States of Campeche, Quintana Roo, and do so. through any such region at any time Yucatan), New Zealand, Republic of before importation or during shipment § 93.209 [Amended] Ireland, Spain, Sweden, and to the United States. Switzerland. APHIS has evaluated these ■ 6. In § 93.209, paragraph (b) is (1) Carcasses of game birds, if regions for the presence of END. Regions amended by removing the words eviscerated with heads and feet not listed may have END, or may not ‘‘designated in § 94.6(a)(2) of this removed, may be imported from regions have been evaluated for END status. where END is considered to exist. subchapter as free of exotic Newcastle (ii) APHIS will remove a region from disease’’ and adding the words Carcasses of game birds may not be the list in paragraph (a)(1)(i) of this imported from regions where any ‘‘designated in § 94.6(a) of this section upon determining that END subchapter as free of exotic Newcastle subtype of HPAI is considered to exist. exists there based on reports APHIS Viscera, heads, and feet removed from disease and highly pathogenic avian receives of outbreaks of the disease in influenza’’ in their place. game birds in any of these regions are commercial birds or poultry from ineligible for entry into the United PART 94—RINDERPEST, FOOT-AND- veterinary officials of the exporting States. MOUTH DISEASE, EXOTIC country, from the World Organization (2) Carcasses, or parts or products of NEWCASTLE DISEASE, AFRICAN for Animal Health (OIE), or from other carcasses, of poultry, game birds, and SWINE FEVER, CLASSICAL SWINE sources the Administrator determines to other birds may be imported for FEVER, SWINE VESICULAR DISEASE, be reliable. APHIS will add a region to consignment to any museum, AND BOVINE SPONGIFORM this list after it conducts an evaluation educational institution or other ENCEPHALOPATHY: PROHIBITED of the region and finds that END is not establishment which has provided the AND RESTRICTED IMPORTATIONS likely to be present in its commercial Administrator with evidence that it has bird or poultry populations. In the case the equipment, facilities, and ■ 7. The authority citation for part 94 of a region formerly on this list that is capabilities to store, handle, process, or continues to read as follows: removed due to an outbreak, the region disinfect such articles so as to prevent may be returned to the list in the introduction or dissemination of Authority: 7 U.S.C. 450, 7701–7772, 7781– accordance with the procedures for 7786, and 8301–8317; 21 U.S.C. 136 and END or HPAI into the United States, and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and reestablishment of a region’s disease- which is approved by the 371.4. free status in § 92.4 of this subchapter. Administrator.5 (2) Regions in which HPAI is (3) Carcasses, or parts or products of §§ 94.8, 94.9, 94.12, 94.16, 94.17, 94.18, and considered to exist. (i) A list of such carcasses, including meat, of poultry, 94.24 [Amended] regions is maintained on the APHIS game birds, or other birds, may be ■ 8. Sections 94.8, 94.9, 94.12, 94.16, National Center for Import and Export imported if packed in hermetically 94.17, 94.18, and 94.24 are amended by Web site at http://www.aphis.usda.gov/ sealed containers and if cooked by a import_export/animals/ redesignating footnotes 7 through 20 as _ _ commercial method after such packing footnotes 8 through 21, respectively. animal disease status.shtml. Copies of to produce articles that are shelf stable ■ 9. Section 94.6 is amended as follows: the list will also be available via postal without refrigeration. mail, fax, or e-mail upon request to ■ a. By revising the section heading to (4) Carcasses and parts or products of Sanitary Trade Issue Team, National read as set forth below. carcasses, including meat, of poultry, Center for Import and Export, Veterinary ■ game birds, or other birds, may be b. In paragraph (b), by removing Services, Animal and Plant Health footnotes 4 and 5. imported if they are accompanied by a Inspection Service, 4700 River Road, certificate that is signed by a full-time, ■ c. In paragraph (c), by redesignating Unit 38, Riverdale, Maryland 20737. footnote 6 as footnote 7. salaried veterinarian of the government (ii) APHIS will consider a region to agency responsible for animal health in ■ d. By revising paragraphs (a) and (b) have HPAI and add it to this list to read as set forth below. referenced in paragraph (a)(2)(i) of this 4 Animal byproducts are regulated under part 95 ■ e. By removing paragraphs (d) and (e) section upon determining that HPAI of this subchapter. and redesignating paragraph (f) as exists in commercial birds or poultry in 5 The names and addresses of approved paragraph (d). the region based on reports APHIS establishments may be obtained from, and requests ■ for approval may be made to the National Center f. By revising the OMB citation at the receives of outbreaks of the disease from for Import-Export, Veterinary Services, APHIS, 4700 end of the section to read as set forth veterinary officials of the exporting River Road, Unit 38, Riverdale, Maryland 20737– below. country, from the OIE, or from other 1231.

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the region and that specifies that the processed products to the United States, not otherwise qualify for importation articles were cooked throughout to and must make those records available under paragraphs (b)(1) through (5) of reach a minimum internal temperature to USDA inspectors during inspections. this section may be imported only if the of 74 °C (165 °F). (C) May process carcasses or parts or importer applies to, and is granted a (5) Carcasses, and parts or products of products that originate in any region, permit by, the Administrator, carcasses, including meat, of poultry, provided that: authorizing such importation. A permit game birds, or other birds, that (1) All areas, utensils, and equipment will be given only when the originated in a region considered to be likely to contact the carcasses or parts Administrator determines that such free of END and any subtype of HPAI, or products to be processed, including importation will not constitute a risk of and that are processed (cut, packaged, or skinning, deboning, cutting, and introduction or dissemination of END or other processing) in a region where END packing areas, are cleaned and HPAI into the United States. or HPAI is considered to exist, may be disinfected between processing Application for a permit may be made imported under the following carcasses or parts or products from in accordance with paragraph (d) of this conditions: regions where END or HPAI is section. (i) Shipment to processing considered to exist and processing those * * * * * establishments. All poultry, game bird, from END and HPAI-free regions. (Approved by the Office of Management and or other bird products from such regions (2) Carcasses or parts or products Budget under control numbers 0579–0015, shall be shipped from the END and intended for export to the United States 0579–0245, 0579–0328, and 0579–0367) HPAI-free region where they originated are not handled, cut, or otherwise to a processing establishment 6 in the processed at the same time as any § 94.9 [Amended] region where END or HPAI is carcasses or parts or products not ■ 10. Section 94.9 is amended by considered to exist in closed containers eligible for export to the United States. revising newly redesignated footnote 12 sealed with serially numbered seals (3) Carcasses or parts or products to paragraph (e)(2) introductory text to applied by an official of the national intended for export to the United States read ‘‘ 12 See footnote 9.’’ government of that region. They must be are packed in clean new packaging that accompanied by a certificate that is is clearly distinguishable from that § 94.12 [Amended] signed by a full-time, salaried containing any carcasses or parts or ■ 11. Section 94.12 is amended by veterinarian of the government agency products not eligible for export to the revising newly redesignated footnote 14 responsible for animal health in the United States. to paragraph (b)(3) to read ‘‘ 14 See region and that specifies the products’ (4) Carcasses or parts or products are footnote 11.’’ region of origin, the processing stored in a manner that ensures that no establishment to which the carcasses or cross-contamination occurs. § 94.17 [Amended] parts or products are consigned, and the (iii) Cooperative service agreement. ■ 12. Section 94.17 is amended by numbers of the seals applied to the Operators of processing establishments revising newly redesignated footnote 17 shipping containers. must enter into a cooperative service to paragraph (p)(1) introductory text to (A) The poultry, game bird, or other agreement with APHIS to pay all read ‘‘ 17 See footnote 16.’’ bird carcasses or parts or products may expenses incurred by APHIS in be removed from containers at the inspecting the establishment. APHIS § 94.26 [Amended] processing establishment in the region anticipates that such inspections will ■ 13. Section 94.26 is amended as where END or HPAI is considered to occur once a year. The cooperative follows: exist only after an official of the national service account must always contain a ■ a. In the introductory text, by government has determined that the balance that is at least equal to the cost removing the citation ‘‘§ 94.6(a)(2)’’ and seals are intact and free of any evidence of one inspection. APHIS will charge adding the citation ‘‘§ 94.6(a)(1)’’ in its of tampering. The official must attest to the cooperative service account for place. this fact by signing the certificate travel, salary, and subsistence of APHIS ■ b. In paragraph (b) introductory text, accompanying the shipment. employees, as well as administrative (c)(1), and (c)(4), by removing the words (B) [Reserved] overhead and other incidental expenses ‘‘§ 94.6 as free of END’’ each time they (ii) Handling of poultry, game bird, or (including excess baggage charges up to appear and adding the words ‘‘§ 94.6(a) other bird carcasses or parts or 150 pounds). as free of END and highly pathogenic products. Establishments in regions (iv) Shipment to the United States. avian influenza’’ in their place. where END or HPAI is considered to Poultry, game bird, or other bird exist that process poultry, game bird, or carcasses or parts or products to be PART 95—SANITARY CONTROL OF other bird carcasses or parts or products imported into the United States must be ANIMAL BYPRODUCTS (EXCEPT for export to the United States: shipped from the region where they CASINGS), AND HAY AND STRAW, (A) May not receive or handle any live were processed in closed containers OFFERED FOR ENTRY INTO THE poultry or birds. sealed with serially numbered seals UNITED STATES (B) Must keep any records required by applied by an official of the national this section on file at the facility for a government of that region. The ■ 14. The authority citation for part 95 period of at least 2 years after export of shipments must be accompanied by a continues to read as follows: certificate signed by an official of the Authority: 7 U.S.C. 8301–8317; 21 U.S.C. 6 As a condition of entry into the United States, national government of the region where 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, poultry species and poultry products addressed by articles were processed that lists the 2.80, and 371.4. the Poultry Products Inspection Act (PPIA, 21 numbers of the seals applied and states U.S.C. 451 et seq.) and regulations thereunder (9 § 95.30 [Amended] CFR, chapter III, part 381), must also meet all of the that all of the conditions of this section requirements of the PPIA and part 381, including have been met. A copy of this certificate ■ 15. Section 95.30 is amended as requirements that the poultry or poultry products must be kept on file at the processing follows: be prepared only in establishments approved by ■ FSIS. Species subject to these requirements include establishment for at least 2 years. a. In the section heading and chickens, turkeys, ducks, geese, guineas, ratites, or (6) Poultry, game bird, or other bird paragraph (a), by removing the words squabs. carcasses or parts or products that do ‘‘subtype H5N1’’ each time they appear.

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■ b. In paragraph (a), by removing the • Federal eRulemaking Portal: Go to position of the airplane to a home base, words ‘‘listed in § 94.6(d)’’ and adding http://www.regulations.gov. Follow the hangar, maintenance facility, etc. the words ‘‘identified in accordance instructions for submitting comments. After we issued Emergency AD 2011– with § 94.6(a)(2)’’ in their place. • Fax: 202–493–2251. 01–51, we realized that we • Done in Washington, DC this 12th day of Mail: U.S. Department of inadvertently omitted figure 2 in January 2011. Transportation, Docket Operations, Appendix 1. This prompted us to Edward M. Avalos, M–30, West Building Ground Floor, supersede Emergency AD 2011–01–51 Under Secretary for Marketing and Regulatory Room W12–140, 1200 New Jersey and issue Emergency AD 2011–01–53. Programs. Avenue, SE., Washington, DC 20590. This condition, if not corrected, could • Hand Delivery: Deliver to Mail result in water or fluid accumulating in [FR Doc. 2011–1289 Filed 1–21–11; 8:45 am] address above between 9 a.m. and the belly of the fuselage and freezing BILLING CODE 3410–34–P 5 p.m., Monday through Friday, except when the aircraft reaches and holds Federal holidays. altitudes where the temperature is below the freezing point, which could Examining the AD Docket DEPARTMENT OF TRANSPORTATION cause the flight controls to jam with You may examine the AD docket on Federal Aviation Administration consequent loss of control. the Internet at http:// www.regulations.gov; or in person at the FAA’s Determination 14 CFR Part 39 Docket Operations Office between We are issuing this AD because we [Docket No. FAA–2011–0054; Directorate 9 a.m. and 5 p.m., Monday through evaluated all the relevant information Identifier 2010–CE–070–AD; Amendment Friday, except Federal holidays. The AD and determined the unsafe condition 39–16582; AD 2011–01–53] docket contains this AD, the regulatory described previously is likely to exist or RIN 2120–AA64 evaluation, any comments received, and develop in other products of the same other information. The street address for type design. Airworthiness Directives; PIAGGIO the Docket Operations Office (phone: AD Requirements AERO INDUSTRIES S.p.A Model 800–647–5527) is in the ADDRESSES PIAGGIO P–180 Airplanes section. Comments will be available in We are superseding Emergency AD the AD docket shortly after receipt. 2011–01–51 with a new AD, which was AGENCY: Federal Aviation issued as Emergency AD 2011–01–53 on Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, Small December 20, 2010. This AD retains the ACTION: Final rule; request for actions from Emergency AD 2011–01– comments. Airplane Directorate, FAA, 901 Locust, Kansas City, MO 64106; phone: (816) 51, adds figure 2 to Appendix 1, and corrects other minor typographical SUMMARY: We are adopting a new 329–4144; fax: (816) 329–4090; e-mail: airworthiness directive (AD) for the [email protected]. errors. products listed above. This emergency SUPPLEMENTARY INFORMATION: Interim Action AD was sent previously to all known Discussion We consider this AD interim action. U.S. owners and operators of these The FAA is working with EASA and airplanes. This AD supersedes The European Aviation Safety Agency PIAGGIO on this unsafe condition. Due Emergency AD 2011–01–51, requires an (EASA), which is the Technical Agent to the nature of the immediate safety of immediate functional test of the fuselage for the Member States of the European flight situation, the FAA is working this drain holes, and requires sending a Community, is considered the State of AD concurrently with EASA instead of report of the results to the FAA. This Design for PIAGGIO AERO waiting for EASA, as the State of Design, AD also allows, with noted exceptions, INDUSTRIES S.p.A Model PIAGGIO P– to issue an AD. Thus, this action is for the return/position of the airplane to 180 airplanes. A reported occurrence of considered unilateral AD action. a home base, hangar, maintenance the flight controls jamming on a Model facility, etc. This AD was prompted by PIAGGIO P–180 airplane prompted FAA’s Determination of the Effective reports of water accumulation in the EASA to issue AD No. 2007–0025, dated Date belly of the fuselage that froze and February 1, 2007. This prompted the An unsafe condition exists that caused the flight controls to jam. We are FAA to issue AD 2007–24–15, requires the immediate adoption of this issuing this AD to prevent water or fluid Amendment 39–15281 (72 FR 67843, AD. The FAA has found that the risk to from accumulating in the belly of the December 3, 2007). AD 2007–24–15 the flying public justifies waiving notice fuselage and freezing when the aircraft requires correcting the fuselage drain and comment prior to adoption of this reaches and holds altitudes where the system and ensuring that the drain lines rule because water or fluid temperature is below the freezing point. of the environmental unit condenser are accumulating in the belly of the fuselage This condition could cause the flight not clogged. and freezing could cause the flight controls to jam with consequent loss of Since AD 2007–24–15 became controls to jam with consequent loss of control. effective, we received reports of two control. Therefore, we find that notice DATES: This AD is effective January 24, additional incidences of water and opportunity for prior public 2011 to all persons except those persons accumulating in the belly of the fuselage comment are impracticable and that to whom it was made immediately that froze and caused the flight controls good cause exists for making this effective by Emergency AD 2011–01–53, to jam on Model PIAGGIO P–180 amendment effective in less than 30 issued on December 20, 2010, which airplanes. These reports prompted us to days. contained the requirements of this issue Emergency AD 2011–01–51 on amendment. December 18, 2010, to require an Comments Invited We must receive comments on this immediate functional test of the fuselage This AD is a final rule that involves AD by March 10, 2011. drain holes and submitting a report of requirements affecting flight safety and ADDRESSES: You may send comments by the results to the FAA. It also allows, was not preceded by notice and an any of the following methods: with noted exceptions, for the return/ opportunity for public comment.

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However, we invite you to send any overall regulatory, economic, post a report summarizing each written data, views, or arguments about environmental, and energy aspects of substantive verbal contact we receive this AD. Send your comments to an this AD. We will consider all comments about this AD. address listed under the ADDRESSES received by the closing date and may Costs of Compliance section. Include the docket number amend this AD because of those FAA–2011–0054 and Directorate comments. We estimate that this AD affects 102 We will post all comments we Identifier 2010–CE–070–AD at the airplanes of U.S. registry. beginning of your comments. We receive, without change, to http://www. regulations.gov, including any personal We estimate the following costs to specifically invite comments on the information you provide. We will also comply with this AD:

ESTIMATED COSTS

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

Functional test of the fuselage 3 work-hours × $85 per hour = Not applicable ...... $255 $26,010 drain holes. $255.

According to the manufacturer, some (2) Is not a ‘‘significant rule’’ under Amendment 39–15281 (72 FR 67843, of the costs of this AD may be covered DOT Regulatory Policies and Procedures December 3, 2007) is related to this subject under warranty, thereby reducing the (44 FR 11034, February 26, 1979), and remains in effect. cost impact on affected individuals. We (3) Will not affect intrastate aviation Applicability do not control warranty coverage for in Alaska, and (c) This AD applies to PIAGGIO AERO affected individuals. As a result, we (4) Will not have a significant INDUSTRIES S.p.A Model PIAGGIO P–180 have included all costs in our cost economic impact, positive or negative, airplanes, all serial numbers, certified in any estimate. on a substantial number of small entities category. under the criteria of the Regulatory Authority for This Rulemaking Subject Flexibility Act. (d) Joint Aircraft System Component Title 49 of the United States Code List of Subjects in 14 CFR Part 39 (JASC)/Air Transport Association (ATA) of specifies the FAA’s authority to issue America Code 53, Fuselage. rules on aviation safety. Subtitle I, Air transportation, Aircraft, Aviation Unsafe Condition section 106, describes the authority of safety, Safety. the FAA Administrator. Subtitle VII: (e) This AD was prompted by reports of Adoption of the Amendment water accumulation in the belly of the Aviation Programs describes in more fuselage that froze and caused the flight detail the scope of the Agency’s Accordingly, under the authority delegated to me by the Administrator, controls to jam. We are issuing this AD to authority. prevent water or fluid from accumulating in the FAA amends 14 CFR part 39 as the belly of the fuselage and freezing when We are issuing this rulemaking under follows: the authority described in Subtitle VII, the aircraft reaches and holds altitudes where the temperature is below the freezing point. Part A, Subpart III, Section 44701: PART 39—AIRWORTHINESS This condition could cause the flight controls ‘‘General requirements.’’ Under that DIRECTIVES to jam, which could result in loss of control. section, Congress charges the FAA with promoting safe flight of civil aircraft in ■ 1. The authority citation for part 39 Compliance air commerce by prescribing regulations continues to read as follows: (f) Comply with this AD within the compliance times specified. for practices, methods, and procedures Authority: 49 U.S.C. 106(g), 40113, 44701. the Administrator finds necessary for Inspection and Corrective Actions § 39.13 [Amended] safety in air commerce. This regulation (g) Unless already done in compliance with is within the scope of that authority ■ 2. The FAA amends § 39.13 by adding Emergency AD 2011–01–51, before further because it addresses an unsafe condition the following new airworthiness flight, do the following actions using the that is likely to exist or develop on directive (AD): instructions in Appendix 1 of this AD. products identified in this rulemaking (1) Remove the central floor panels in the action. 2011–01–53 PIAGGIO AERO INDUSTRIES cabin and inspect the fuselage belly; and S.p.A: Amendment 39–16582; Docket (2) Functional test the fuselage drain holes. Regulatory Findings No. FAA–2011–0054; Directorate Identifier 2010–CE–070–AD. Reporting Requirement This AD will not have federalism (h) Unless already done, within 24 hours implications under Executive Order Effective Date after complying with the actions required in 13132. This AD will not have a (a) This AD is effective January 24, 2011 to paragraph (g) of this AD, fill out the reporting substantial direct effect on the States, on all persons except those persons to whom it form provided in Appendix 2 of this AD and the relationship between the national was made immediately effective by send to the FAA at the address (facsimile, Emergency AD 2011–01–53, issued on e-mail) referenced in the Related Information government and the States, or on the December 20, 2010, which contains the section, paragraph (l) of this AD. distribution of power and requirements of this amendment. (i) For the reporting requirement in this responsibilities among the various AD, a Federal agency may not conduct or levels of government. Affected ADs sponsor, and a person is not required to For the reasons discussed above, I (b) This AD supersedes Emergency AD respond to, nor shall a person be subject to 2011–01–51, issued December 18, 2010, certify that this AD: a penalty for failure to comply with a which was sent to owners/operators of collection of information subject to the (1) Is not a ‘‘significant regulatory PIAGGIO AERO INDUSTRIES S.p.A Model requirements of the Paperwork Reduction action’’ under Executive Order 12866, PIAGGIO P–180 airplanes. AD 2007–24–15, Act unless that collection of information

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displays a current valid OMB Control December 20, 2010, in its entirety provides beams), go to step 6. Step 5 does not need Number. The OMB Control Number for this an acceptable level of safety to the actions of to be accomplished at this time. information collection is 2120–0056. Public this AD and thus is considered an approved ii. If water is found in excess of item above reporting for this collection of information is AMOC for AD 2011–01–53. (4–c–i), do step 5. estimated to be approximately 5 minutes per (3) Before using any approved AMOC, 5. Add 6.3 mm draining holes as per response, including the time for reviewing notify your Principal Maintenance Inspector attached figure 1 (additional drain holes on instructions, completing and reviewing the or Principal Avionics Inspector, as keel beam webs) connecting the lateral bays collection of information. All responses to appropriate, or lacking a principal inspector, to the center ones or, as alternative, apply this collection of information are mandatory. your local Flight Standards District Office. Piaggio Aero Industries Service Bulletin 80– Comments concerning the accuracy of this burden and suggestions for reducing the Related Information 0291. Then proceed with step 6. burden should be directed to the FAA at: 800 (l) For further information about this AD, 6. Inspect the fuselage belly for presence of Independence Ave., SW., Washington, DC contact Mike Kiesov, Aerospace Engineer, dirt/debris. Take note of dirt/debris found 20591, Attn: Information Collection Small Airplane Directorate, FAA, 901 Locust, and of its location (which bay). Clearance Officer, AES–200. Kansas City, MO 64106; phone: (816) 329– 7. Inspect the fuselage belly for signs of previous fluid pooling (waterlines or similar). Provision to Return to Home Base 4144; fax: (816) 329–4090; e-mail: mike. [email protected]. Take note of any sign found. (j) For the actions required in paragraph (g) 8. Inspect the six (6) flapper valves (two of this AD, you may return/position the Appendix 1 to AD 2011–01–53 near FR 20, FR 32, and FR 36) to verify if airplane to a home base, hangar, maintenance they are clogged, stuck to the fuselage skin, facility, etc., provided the following are Functional Test of the Fuselage Drain Holes or laying against the skin for their entire adhered to: length. (1) A water drain hole test is done 1. Remove the electrical power (Ref. AMM a. Clean any clogged flapper valve. Take immediately before the repositioning flight Chapter 24–00–00). and the airplane passes this test. The note of any clogged flapper valve and its 2. Remove the carpet from the aisle in the instructions for this test are included in position. passenger compartment: The carpet is Appendix 3 of this AD. If the airplane does b. Carefully free any stuck flapper valve. installed on the aircraft with Velcro; remove not pass this test, then the actions of Take note of any stuck flapper valve and its it by hand. paragraph (g) of this AD must be done position. without a repositioning flight, unless a 3. Remove the aisle floor panels 231 ALF, c. If—after cleaning and repositioning—the special flight permit is granted; 231 FLF, 231 MLF, and 231 QLF (Ref. AMM rubber flap is still laying against the skin for (2) This repositioning flight does not Chapter 06–00–00). its entire length, cut off the rubber flap. 4. Inspect the fuselage belly for presence of exceed a total of 5 hours time-in-service; and Replace it at the next A check. fluid or ice. Inspect the lateral bays through (3) Use of autopilot is prohibited. 9. Inspect the six (6) external drain holes: the lightening holes. Alternative Methods of Compliance a. If fluid is found in the belly, drain it and a. Verify if they are clogged. If any drain (AMOCs) collect. Take note of the amount of fluid hole is clogged, clean it. b. Check for proper dimension (3.2 mm). (k)(1) The Manager, Standards Office, removed from the belly, and in which bay the Rework to nominal dimension any external Small Airplane Directorate, FAA, has the fluid was trapped. authority to approve AMOCs for this AD, if b. If ice is found in the belly, thaw it, then drain hole that is found undersized. Protect requested using the procedures found in 14 drain and collect. Take note of the amount the reworked drain hole by means of CFR 39.19. In accordance with 14 CFR 39.19, of fluid removed from the belly, and in Alodyne. Take note of any drain hole found send your request to your principal inspector which bay the ice was trapped. clogged and/or reworked, and its position. or local Flight Standards District Office, as NOTE: BEFORE THAWING THE ICE, PUT Appendix 1 to AD 2011–01–53 appropriate. If sending information directly A SUITABLE CONTAINER BELOW THE to the manager of the Standards Office, send EXTERNAL DRAIN HOLES TO COLLECT (Continued) it to the attention of the person identified in THE FLUID. Functional Test of the Fuselage Drain the Related Information section of this AD. c. Evaluate the amount of fluid collected: Holes (2) Accomplishment of Piaggio Service i. If water is found only in the bottom of Bulletin (ALERT) No. 80–0234, dated the belly (i.e., undrainable within the keel BILLING CODE 4910–13–P

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BILLING CODE 4910–13–C a. Place an adequate amount of water in 14. Install the aisle floor panels 231ALF, each bay between FR 19 and FR 36 (See Appendix 1 to AD 2011–01–53 231 FLF, 231 MLF, and 231 QLF (Ref. AMM figure 2) to verify that the water is conveyed Chapter 06–00–00). (Continued) in the central bays and that it is drained. Use 15. Re-install the carpet: 1 Functional Test of the Fuselage Drain at least ⁄2 gallon (approximately 2 liters). a. Make sure that the floor is clean and free NOTE: TAKE CARE NOT TO COME IN of objects. Holes CONTACT WITH ELECTRICAL b. Make sure that the Velcro is well fixed CONNECTORS WHILE POURING WATER. 10. Clean the fuselage belly, removing and cleaned. debris. A vacuum cleaner may be used. b. A steady stream of water should be observed coming from the external drain c. Put the carpet in position on the floor 11. If possible, identify clues of potential holes. If not, the flapper valve does not drain and fix it with the Velcro. source of fluid, such as wet carpets, blue properly. Cut off the rubber flap and replace 16. Collect information on total time flown lavatory water, etc. the flapper valve at next A check. Take note in the last 6 months. Specify if the aircraft 12. Test the valves and drain holes as of any cut rubber flap and its position. was exposed to heavy rain conditions while described: 13. Dry the fuselage belly. parked or during flights.

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17. Make an appropriate entry in the Appendix 1 to AD 2011–01–53 airplane logbook to show compliance with (Continued) this emergency AD. Functional Test of the Fuselage Drain BILLING CODE 4910–13–P Holes

BILLING CODE 4910–13–C Appendix 2 to AD 2011–01–53 Reporting Form

AIC S/N: A/C Flight Hours: A/C Registration:

Step 4a—water collected in the belly If YES, specify amount and location: [YES] [NO]

Step 4b—ice collected in the belly If YES, specify amount and location: [YES] [NO]

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Step 5—added drain holes If YES, specify work performed: [YES] [NO]

Step 6—debris/dirt in the belly If YES, specify amount and location: [YES] [NO]

Step 7—signs of previous fluid pooling If YES, specify amount and location: [YES] [NO]

Step 8—flapper valves inspection Specify, if any, which flapper valve was found clogged or stuck and, if any, which rubber flap was cut off.

Step 9—drain holes inspection Specify, if any, which drain hole was found clogged. Specify, if any, which drain hole was found undersized.

Step 11—clues of potential source of fluid.

Step 12—drain test Specify, if any, which flapper valve does not have a steady stream of water.

Step 16—Total time flown in the last 6 months. Specify if the aircraft was exposed to heavy rain conditions while parked or during flights.

Date: Accomplished by:

Signature

Send Report to: Mike Kiesov, Aerospace Engineer, Small Airplane Directorate, FAA, 901 Locust, Kansas City, MO 64106; phone: (816) 329–4144; fax: (816) 329–4090; e-mail: [email protected].

Appendix 3 to AD 2011–01–53 Water DEPARTMENT OF TRANSPORTATION SIAP, associated Takeoff Minimums, Drain Hole Test and ODP is specified in the amendatory Federal Aviation Administration provisions. 1. Put a container under the fuselage The incorporation by reference of external drain holes. 14 CFR Part 97 certain publications listed in the 2. Insert a plastic or wooden stick (or regulations is approved by the Director similar tool), minimum length 3 inches (7.5 [Docket No. 30763; Amdt. No. 3408] of the Federal Register as of January 24, cm), diameter 0.1 inch (2.5 mm) in each of 2011. the 6 fuselage external drain holes. Standard Instrument Approach 3. Verify the stick may enter freely in the Procedures, and Takeoff Minimums ADDRESSES: Availability of matters drain hole. and Obstacle Departure Procedures; incorporated by reference in the 4. If the stick does not enter freely, Miscellaneous Amendments amendment is as follows: repositioning flight is not allowed. For Examination— AGENCY: Federal Aviation 1. FAA Rules Docket, FAA 5. If more than 1 cup (250 ml) of water is Administration (FAA), DOT. drained from 2 drain holes at each station Headquarters Building, 800 ACTION: Final rule. while inserting the stick, repositioning flight Independence Avenue, SW., Washington, DC 20591; is not allowed. SUMMARY: This establishes, amends, 2. The FAA Regional Office of the suspends, or revokes Standard Issued in Kansas City, Missouri, on January region in which the affected airport is Instrument Approach Procedures 13, 2011. located; Earl Lawrence, (SIAPs) and associated Takeoff 3. The National Flight Procedures Minimums and Obstacle Departure Manager, Small Airplane Directorate, Aircraft Office, 6500 South MacArthur Blvd., Procedures for operations at certain Certification Service. Oklahoma City, OK 73169; or airports. These regulatory actions are 4. The National Archives and Records [FR Doc. 2011–1136 Filed 1–21–11; 8:45 am] needed because of the adoption of new BILLING CODE 4910–13–P Administration (NARA). For or revised criteria, or because of changes information on the availability of this occurring in the National Airspace material at NARA, call 202–741–6030, System, such as the commissioning of or go to: http://www.archives.gov/ new navigational facilities, adding new federal_register/ obstacles, or changing air traffic code_of_federal_regulations/ requirements. These changes are ibr_locations.html. designed to provide safe and efficient Availability—All SIAPs and Takeoff use of the navigable airspace and to Minimums and ODPs are available promote safe flight operations under online free of charge. Visit http:// instrument flight rules at the affected www.nfdc.faa.gov to register. airports. Additionally, individual SIAP and DATES: This rule is effective January 24, Takeoff Minimums and ODP copies may 2011. The compliance date for each be obtained from:

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1. FAA Public Inquiry Center (APA– directly to published aeronautical and/or Obstacle Departure Procedures 200), FAA Headquarters Building, 800 charts. The circumstances which effective at 0902 UTC on the dates Independence Avenue, SW., created the need for some SIAP and specified, as follows: Washington, DC 20591; or Takeoff Minimums and ODP 2. The FAA Regional Office of the amendments may require making them PART 97—STANDARD INSTRUMENT region in which the affected airport is effective in less than 30 days. For the APPROACH PROCEDURES located. remaining SIAPS and Takeoff ■ Minimums and ODPS, an effective date 1. The authority citation for part 97 FOR FURTHER INFORMATION CONTACT: continues to read as follows: Harry J. Hodges, Flight Procedure at least 30 days after publication is Authority: 49 U.S.C. 106(g), 40103, 40106, Standards Branch (AFS–420), Flight provided. Further, the SIAPs and Takeoff 40113, 40114, 40120, 44502, 44514, 44701, Technologies and Programs Divisions, Minimums and ODPS contained in this 44719, 44721–44722. Flight Standards Service, Federal amendment are based on the criteria Aviation Administration, Mike ■ 2. Part 97 is amended to read as contained in the U.S. Standard for Monroney Aeronautical Center, 6500 follows: Terminal Instrument Procedures South MacArthur Blvd., Oklahoma City, (TERPS). In developing these SIAPS and Effective 10 FEB 2011 OK 73169 (Mail Address: P.O. Box Takeoff Minimums and ODPs, the 25082, Oklahoma City, OK 73125) Hunstville, AL, Huntsville Intl—Carl T TERPS criteria were applied to the Telephone: (405) 954–4164. Jones Field, RADAR–1, Amdt 10 conditions existing or anticipated at the Mobile, AL, Mobile Downtown, VOR SUPPLEMENTARY INFORMATION: This rule affected airports. Because of the close RWY 14, Amdt 8 amends Title 14 of the Code of Federal and immediate relationship between Mobile, AL, Mobile Downtown, VOR Regulations, Part 97 (14 CFR part 97), by these SIAPs, Takeoff Minimums and RWY 18, Amdt 2 establishing, amending, suspending, or ODPs, and safety in air commerce, I find Mesa, AZ, Falcon Fld, NDB–A, Amdt 1, revoking SIAPS, Takeoff Minimums that notice and public procedures before CANCELLED and/or ODPS. The complete regulators adopting these SIAPS, Takeoff Ontario, CA, Ontario Intl, Takeoff description of each SIAP and its Minimums and ODPs are impracticable Minimums and Obstacle DP, Amdt 8 associated Takeoff Minimums or ODP and contrary to the public interest and, San Diego/El Cajon, CA, Gillespie Field, for an identified airport is listed on FAA where applicable, that good cause exists Takeoff Minimums and Obstacle DP, form documents which are incorporated for making some SIAPs effective in less Amdt 5 by reference in this amendment under 5 than 30 days. Gunnison, CO, Gunnison-Crested Butte U.S.C. 552(a), 1 CFR part 51, and 14 Rgnl, Takeoff Minimums and Obstacle CFR 97.20. The applicable FAA Forms Conclusion DP, Amdt 7 are FAA Forms 8260–3, 8260–4, 8260– The FAA has determined that this Chicago/Aurora, IL, Aurora Muni, 5, 8260–15A, and 8260–15B when regulation only involves an established RNAV (GPS) RWY 9, Amdt lA required by an entry on 8260–15A. body of technical regulations for which Chicago/Rockford, IL, Chicago/Rockford The large number of SIAPs, Takeoff frequent and routine amendments are Intl, Takeoff Minimums and Obstacle Minimums and ODPs, in addition to necessary to keep them operationally DP, Orig their complex nature and the need for current. It, therefore—(1) Is not a Baltimore, MD, Baltimore/Washington a special format make publication in the ‘‘significant regulatory action’’ under Intl Thurgood Marshall, ILS OR LOC Federal Register expensive and Executive Order 12866; (2) is not a RWY 33L, Amdt 10A impractical. Furthermore, airmen do not ‘‘significant rule’’ under DOT Regulatory Baltimore, MD, Baltimore/Washington use the regulatory text of the SIAPs, Policies and Procedures (44 FR 11034; Intl Thurgood Marshall, ILS OR LOC Takeoff Minimums or ODPs, but instead February 26,1979); and (3) does not RWY 33R, Amdt 1A refer to their depiction on charts printed warrant preparation of a regulatory Grand Rapids, MI, Gerald R. Ford Intl, by publishers of aeronautical materials. evaluation as the anticipated impact is ILS OR LOC RWY 35, Amdt lA The advantages of incorporation by so minimal. For the same reason, the Minneapolis, MN, Anoka County-Blaine reference are realized and publication of FAA certifies that this amendment will Arpt (Janes Field), RNAV (GPS) RWY the complete description of each SIAP, not have a significant economic impact 9, Orig-B Minneapolis, MN, Anoka County-Blaine Takeoff Minimums and ODP listed on on a substantial number of small entities Arpt (Janes Field), RNAV (GPS) RWY FAA forms is unnecessary. This under the criteria of the Regulatory Flexibility Act. 18 Orig-B amendment provides the affected CFR Minneapolis, MN, Crystal, Takeoff sections and specifies the types of SIAPs List of Subjects in 14 CFR Part 97 Minimums and Obstacle DP, Amdt 3 and the effective dates of the associated Rush City MN, Rush City Rgnl, Takeoff Takeoff Minimums and ODPs. This Air traffic control, Airports, Incorporation by reference, and Minimums and Obstacle DP, Orig amendment also identifies the airport Kansas City, MO, Charles B. Wheeler Navigation (air). and its location, the procedure, and the Downtown, ILS OR LOC RWY 19, amendment number. Issued in Washington, DC on January 7, Amdt 22 2011. The Rule Elizabethtown, NC, Curtis L Brown Jr John McGraw, Field, NDB RWY 33, Amdt 1, This amendment to 14 CFR part 97 is Deputy Director, Flight Standards Service. CANCELLED effective upon publication of each Adoption of the Amendment Las Vegas, NV, Henderson Executive, separate SIAP, Takeoff Minimums and RNAV (GPS)–B, Amdt 1 ODP as contained in the transmittal. Accordingly, pursuant to the Las Vegas, NV, Henderson Executive, Some SIAP and Takeoff Minimums and authority delegated to me, Title 14, VOR–C, Amdt 1 textual ODP amendments may have Code of Federal Regulations, Part 97 (14 Ontario, OR, Ontario Muni, Takeoff been issued previously by the FAA in a CFR part 97) is amended by Minimums and Obstacle DP, Amdt 4 Flight Data Center (FDC) Notice to establishing, amending, suspending, or Harrisburg, PA, Harrisburg/Capital City, Airmen (NOTAM) as an emergency revoking Standard Instrument Approach Takeoff Minimums and Obstacle DP, action of immediate flight safety relating Procedures and/or Takeoff Minimums Amdt 4

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Indiana, PA, Indiana County-Jimmy Winfield/Arkansas City, KS, Strother Punxsutawney, PA, Punxsutawney Stewart Fld, Takeoff Minimums and Field, Takeoff Minimums and Muni, Takeoff Minimums and Obstacle DP, Amdt 2 Obstacle DP, Orig Obstacle DP, Amdt 3 Charleston, SC, Charleston Executive, Minden, LA, Minden, GPS RWY 1, Orig, Dayton, TN, Mark Anton, Takeoff ILS OR LOC RWY 9, Amdt 2 CANCELLED Minimums and Obstacle DP, Amdt 2 Charleston, SC, Charleston Executive, Minden, LA, Minden, GPS RWY 19, Denton, TX, Denton Muni, GPS RWY RNAV (GPS) RWY 9, Amdt 2 Orig-B, CANCELLED 35, Amdt 1A, CANCELLED Charleston, SC, Charleston Executive, Minden, LA, Minden, NDB RWY 1, Denton, TX, Denton Muni, NDB RWY VOR–A, Amdt 1, CANCELLED Amdt 2, CANCELLED 18, Amdt 7 Alice, TX, Alice Intl, LOC/DME RWY Minden, LA, Minden, NDB RWY 19, Denton, TX, Denton Muni, RNAV (GPS) 31, Orig-B Amdt 2, CANCELLED RWY 18, Orig Alice, TX, Alice Intl, RNAV (GPS) RWY Minden, LA, Minden, RNAV (GPS) Denton, TX, Denton Muni, RNAV (GPS) 13, Orig-C RWY 1, Orig RWY 36, Orig Alice, TX, Alice Intl, RNAV (GPS) RWY Minden, LA, Minden, RNAV (GPS) Houston, TX, David Wayne Hooks 31, Amdt 1C RWY 19, Orig Memorial, RNAV (GPS) RWY 17R, Alice, TX, Alice Intl, VOR RWY 31, Minden, LA, Minden, VOR/DME–A Amdt 1A Amdt 13B Amdt 5 San Antonio, TX, San Antonio Intl, Alice, TX, Alice Intl, VOR–A, Amdt 15B Bar Harbor, ME, Hancock County-Bar RNAV (GPS) Y RWY 3, Amdt 2A Houston, TX, Ellington Field, ILS or San Antonio, TX, San Antonio Intl, LOC RWY 17R, Amdt 5B Harbor, ILS OR LOC RWY 22, Amdt 6 RNAV (GPS) Y RWY 12R, Amdt 1A Houston, TX, William P Hobby, ILS OR San Antonio, TX, San Antonio Intl, LOC RWY 12R, Amdt 12A Bar Harbor, ME, Hancock County-Bar Harbor, LOC/DME BC RWY 4, Amdt RNAV (GPS) Y RWY 21, Amdt 1B Taylor, TX, Taylor Muni, VOR/DME San Antonio, TX, San Antonio Intl, RWY 17, Amdt 1A 2, CANCELLED Bar Harbor, ME, Hancock County-Bar RNAV (GPS) Y RWY 30L, Amdt 1A Appleton, WI, Outagamie County Rgnl, Waco, TX, Waco Rgnl, GPS RWY 14, ILS OR LOC RWY 3, Amdt 17B Harbor, RNAV (GPS) RWY 4, Amdt 1 Bar Harbor, ME, Hancock County-Bar Orig, CANCELLED Effective 10 MAR 2011 Harbor, RNAV (GPS) RWY 22, Amdt Waco, TX, Waco Rgnl, GPS RWY 32, Kodiak, AK, Kodiak, KODIAK SIX 1 Orig, CANCELLED Waco, TX, Waco Rgnl, RNAV (GPS) Graphic DP Troy, MI, Oakland/Troy, Takeoff Kodiak, AK, Kodiak, Takeoff Minimums Minimums and Obstacle DP, Amdt 4 RWY 14, Orig Waco, TX, Waco Rgnl, RNAV (GPS) and Obstacle DP, Amdt 3 West Branch, MI, West Branch RWY 32, Orig Lake Village, AR, Lake Village Muni, Community, Takeoff Minimums and Waco, TX, Waco Rgnl, VOR/DME RWY VOR–A, Amdt 8 Obstacle DP, Amdt 3 32, Amdt 15 Lake Village, AR, Lake Village Muni, Cook, MN, Cook Muni, Takeoff Yoakum, TX, Yoakum Muni, Takeoff VOR/DME–B, Amdt 6 Minimums and Obstacle DP, Orig Little Rock, AR, Adams Field, RNAV Minimums and Obstacle DP, Orig Duluth, MN, Sky Harbor, RNAV (GPS) Fredericksburg, VA, Shannon, GPS (GPS) RWY 22L, Amdt 1A RWY 32, Orig, CANCELLED Little Rock, AR, Adams Field, RNAV RWY 24, Orig-B, CANCELLED Duluth, MN, Sky Harbor, Takeoff Fredericksburg, VA, Shannon, NDB (GPS) RWY 22R, Amdt 1A Minimums and Obstacle DP, Orig, Little Rock, AR, Adams Field, RNAV RWY 24, Amdt 3 CANCELLED Fredericksburg, VA, Shannon, RNAV (GPS) RWY 36, Orig-A Grand Rapids, MN, Grand Rapids/Itasca Grand Junction, CO, Grand Junction (GPS) RWY 24, Orig Co-Gordon Newstrom Fld, ILS OR Fredericksburg, VA, Shannon, Takeoff Rgnl, MONUMENT TWO Graphic DP LOC RWY 34, Amdt 2 Middletown, DE, Summit, NDB–A, Minimums and Obstacle DP, Amdt 1 Minneapolis, MN, Flying Cloud, Takeoff Amdt 8 Moses Lake, WA, Grant Co Intl. RNAV Minimums and Obstacle DP, Amdt 5 Madison, GA, Madison Muni, Takeoff (GPS) Y RWY 4, Amdt 1 Red Wing, MN, Red Wing Rgnl, RNAV Minimums and Obstacle DP, Orig Moses Lake, WA, Grant Co Intl. RNAV Ankeny, IA, Ankeny Rgnl, Takeoff (GPS) RWY 27, Amdt 2 (GPS) Y RWY 14L, Amdt 1 Minimums and Obstacle DP, Amdt 1 St. Paul, MN, St Paul/Lake Elmo, Moses Lake, WA, Grant Co Intl. RNAV Davenport, IA, Davenport Muni, Takeoff Takeoff Minimums and Obstacle DP, (GPS) Y RWY 22, Amdt 1 Minimums and Obstacle DP, Amdt 2 Amdt 1 Moses Lake, WA, Grant Co Intl. RNAV Tipton, IA, Mathews Memorial, VOR Minden, NE, Pioneer Village Field, VOR (GPS) Y RWY 32R, Amdt 2 RWY 11, Amdt 3 RWY 34, Amdt 1C, CANCELLED Moses Lake, WA, Grant Co Intl. RNAV Blackfoot, ID, Blackfoot/McCarley Field, Minden, NE, Pioneer Village Field, (RNP) Z RWY 4, Orig Takeoff Minimums and Obstacle DP, VOR–A, Orig Moses Lake, WA, Grant Co Intl. RNAV Amdt 1 Roswell, NM, Roswell Intl Air Center, (RNP) Z RWY 14L, Orig Chicago/Lake in the Hills, IL, Lake in ILS OR LOC RWY 21, Amdt 18 Moses Lake, WA, Grant Co Intl. RNAV the Hills, Takeoff Minimums and Akron, OH, Akron-Canton Rgnl, RNAV (RNP) Z RWY 22, Orig Obstacle DP, Orig (GPS) RWY 23, Orig Moses Lake, WA, Grant Co Intl. RNAV Chicago/Lake in the Hills, IL, Lake in Oklahoma City, OK, Will Rogers World, (RNP) Z RWY 32R, Orig the Hills, VOR RWY 26, Amdt 4 ILS OR LOC RWY 35R, ILS RWY 35R Spokane, WA, Spokane Intl, RNAV Greenwood/Wonder Lake, IL, Galt Field, (CAT II), Amdt 8F (RNP) Z RWY 3, Orig Takeoff Minimums and Obstacle DP, Sand Springs, OK, William R. Pogue Spokane, WA, Spokane Intl, RNAV Orig Muni, Takeoff Minimums and (RNP) Z RWY 7, Orig Winchester, IN, Randolph County, Obstacle DP, Amdt 3 Spokane, WA, Spokane Intl, RNAV Takeoff Minimums and Obstacle DP, Beaver Falls, PA, Beaver County, (RNP) Z RWY 21, Orig Orig Takeoff Minimums and Obstacle DP, Spokane, WA, Spokane Intl, RNAV El Dorado, KS, Captain Jack Thomas/El Amdt 2 (RNP) Z RWY 25, Orig Dorado, Takeoff Minimums and Monongahela, PA, Rostraver, Takeoff Vancouver, WA, Pearson Field, LDA–A, Obstacle DP, Orig Minimums and Obstacle DP, Amdt 1 Amdt 1

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Green Bay, WI, Austin Struabel Intl, federal_register/ contained for each SIAP as modified by LOC BC RWY 24, Amdt 19 code_of_federal_regulations/ FDC/P–NOTAMs. _ [FR Doc. 2011–815 Filed 1–21–11; 8:45 am] ibr locations.html. The SIAPs, as modified by FDC BILLING CODE 4910–13–P Availability—All SIAPs are available P–NOTAM, and contained in this online free of charge. Visit nfdc.faa.gov amendment are based on the criteria to register. Additionally, individual contained in the U.S. Standard for DEPARTMENT OF TRANSPORTATION SIAP and Takeoff Minimums and ODP Terminal Instrument Procedures copies may be obtained from: (TERPS). In developing these changes to 14 CFR Part 97 1. FAA Public Inquiry Center (APA– SIAPs, the TERPS criteria were applied [Docket No. 30764; Amdt. No. 3409] 200), FAA Headquarters Building, 800 only to specific conditions existing at Independence Avenue, SW., the affected airports. All SIAP Standard Instrument Approach Washington, DC 20591; or amendments in this rule have been Procedures, and Takeoff Minimums 2. The FAA Regional Office of the previously issued by the FAA in a FDC and Obstacle Departure Procedures; region in which the affected airport is NOTAM as an emergency action of Miscellaneous Amendments located. immediate flight safety relating directly to published aeronautical charts. The AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: circumstances which created the need Administration (FAA), DOT. Harry J. Hodges, Flight Procedure for all these SIAP amendments requires ACTION: Final rule. Standards Branch (AFS–420), Flight making them effective in less than 30 Technologies and Programs Division, days. SUMMARY: This rule establishes, amends, Flight Standards Service, Federal Because of the close and immediate suspends, or revokes Standard Aviation Administration, Mike relationship between these SIAPs and Instrument Approach Procedures Monroney Aeronautical Center, 6500 safety in air commerce, I find that notice (SIAPs) and associated Takeoff South MacArthur Blvd., Oklahoma City, and public procedure before adopting Minimums and Obstacle Departure OK 73169 (Mail Address: P.O. Box these SIAPs are impracticable and Procedures for operations at certain 25082, Oklahoma City, OK 73125); contrary to the public interest and, airports. These regulatory actions are telephone: (405) 954–4164. where applicable, that good cause exists needed because of the adoption of new SUPPLEMENTARY INFORMATION: This rule for making these SIAPs effective in less or revised criteria, or because of changes amends Title 14, Code of Federal than 30 days. occurring in the National Airspace Regulations, Part 97 (14 CFR part 97) by Conclusion System, such as the commissioning of amending the referenced SIAPs. The new navigational facilities, adding new complete regulatory description of each The FAA has determined that this obstacles, or changing air traffic SIAP is listed on the appropriate FAA regulation only involves an established requirements. These changes are Form 8260, as modified by the National body of technical regulations for which designed to provide safe and efficient Flight Data Center (FDC)/Permanent frequent and routine amendments are use of the navigable airspace and to Notice to Airmen (P–NOTAM), and is necessary to keep them operationally promote safe flight operations under incorporated by reference in the current. It, therefore—(1) is not a instrument flight rules at the affected amendment under 5 U.S.C. 552(a), ‘‘significant regulatory action’’ under airports. 1 CFR part 51, and § 97.20 of Title 14 Executive Order 12866; (2) is not a DATES: This rule is effective January 24, of the Code of Federal Regulations. ‘‘significant rule’’ under DOT regulatory 2011. The compliance date for each The large number of SIAPs, their Policies and Procedures (44 FR 11034; SIAP, associated Takeoff Minimums, complex nature, and the need for a February 26, 1979); and (3) does not and ODP is specified in the amendatory special format make their verbatim warrant preparation of a regulatory provisions. publication in the Federal Register evaluation as the anticipated impact is The incorporation by reference of expensive and impractical. Further, so minimal. For the same reason, the certain publications listed in the airmen do not use the regulatory text of FAA certifies that this amendment will regulations is approved by the Director the SIAPs, but refer to their graphic not have a significant economic impact of the Federal Register as of January 24, depiction on charts printed by on a substantial number of small entities 2011. publishers of aeronautical materials. under the criteria of the Regulatory ADDRESSES: Availability of matter Thus, the advantages of incorporation Flexibility Act. incorporated by reference in the by reference are realized and List of Subjects in 14 CFR Part 97 amendment is as follows: publication of the complete description For Examination— of each SIAP contained in FAA form Air traffic control, Airports, 1. FAA Rules Docket, FAA documents is unnecessary. This Incorporation by reference, and Headquarters Building, 800 amendment provides the affected CFR Navigation (Air). Independence Avenue, SW., sections and specifies the types of SIAP Issued in Washington, DC, on January 7, Washington, DC 20591; and the corresponding effective dates. 2011. 2. The FAA Regional Office of the This amendment also identifies the John McGraw, region in which the affected airport is airport and its location, the procedure Deputy Director, Flight Standards Service. located; and the amendment number. 3. The National Flight Procedures Adoption of the Amendment The Rule Office, 6500 South MacArthur Blvd., Accordingly, pursuant to the Oklahoma City, OK 73169; or This amendment to 14 CFR part 97 is authority delegated to me, Title 14, 4. The National Archives and Records effective upon publication of each Code of Federal Regulations, Part 97, 14 Administration (NARA). For separate SIAP as amended in the CFR part 97, is amended by amending information on the availability of this transmittal. For safety and timeliness of Standard Instrument Approach material at NARA, call 202–741–6030, change considerations, this amendment Procedures, effective at 0901 UTC on or go to: http://www.archives.gov/ incorporates only specific changes the dates specified, as follows:

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PART 97—STANDARD INSTRUMENT ■ 2. Part 97 is amended to read as § 97.31 RADAR SIAPs; § 97.33 RNAV APPROACH PROCEDURES follows: SIAPs; and § 97.35 COPTER SIAPs, By amending: § 97.23 VOR, VOR/ identified as follows: ■ 1. The authority citation for part 97 DME, VOR or TACAN, and VOR/DME continues to read as follows: or TACAN; § 97.25 LOC, LOC/DME, * * * Effective Upon Publication Authority: 49 U.S.C. 106(g), 40103, 40106, LDA, LDA/DME, SDF, SDF/DME; 40113, 40114, 40120, 44502, 44514, 44701, § 97.27 NDB, NDB/DME; § 97.29 ILS, 44719, 44721–44722. ILS/DME, MLS, MLS/DME, MLS/RNAV;

AIRAC date State City Airport FDC No. FDC date Subject

10–Feb–11 ... OH Ashland ...... Ashland County ...... 0/0448 12/6/10 NDB RWY 19, Amdt 11. 10–Feb–11 ... OH Ashland ...... Ashland County ...... 0/0449 12/6/10 VOR A, Amdt 9. 10–Feb–11 ... OH Ashland ...... Ashland County ...... 0/0450 12/6/10 RNAV (GPS) RWY 19, Orig. 10–Feb–11 ... IL Kewanee ...... Kewanee Muni ...... 0/1242 12/17/10 RNAV (GPS) RWY 27, Orig. 10–Feb–11 ... IL Kewanee ...... Kewanee Muni ...... 0/1243 12/17/10 RNAV (GPS) RWY 19, Orig. 10–Feb–11 ... IL Kewanee ...... Kewanee Muni ...... 0/1245 12/17/10 RNAV (GPS) RWY 9, Orig. 10–Feb–11 ... LA Natchitoches ...... Natchitoches Rgnl ...... 0/1309 12/13/10 LOC RWY 35, Amdt 3E. 10–Feb–11 ... TX Weslaco ...... Mid Valley ...... 0/1310 12/13/10 GPS RWY 13, Orig. 10–Feb–11 ... NM Farmington ...... Four Corners Rgnl ...... 0/1316 12/13/10 ILS OR LOC RWY 25, Amdt 7C. 10–Feb–11 ... LA Lake Charles ...... Chennault Intl ...... 0/1703 12/13/10 RNAV (GPS) RWY 15, Orig. 10–Feb–11 ... MT Lewistown ...... Lewistown Muni...... 0/1707 12/18/10 Takeoff Minimums and (Obsta- cle) DP, Amdt 3. 10–Feb–11 ... LA Lake Charles ...... Chennault Intl ...... 0/1731 12/13/10 ILS OR LOC RWY 15, Amdt 5. 10–Feb–11 ... LA Bastrop ...... Morehouse Memorial ...... 0/1929 12/14/10 RNAV (GPS) RWY 16, Amdt 1. 10–Feb–11 ... LA Bastrop ...... Morehouse Memorial ...... 0/1930 12/14/10 RNAV (GPS) RWY 34, Orig. 10–Feb–11 ... LA Bastrop ...... Morehouse Memorial ...... 0/1931 12/14/10 NDB RWY 34, Amdt 6. 10–Feb–11 ... LA Bastrop ...... Morehouse Memorial ...... 0/1932 12/14/10 VOR/DME A, Amdt 9. 10–Feb–11 ... OH Toledo ...... Toledo Express ...... 0/2155 12/20/10 RNAV (GPS) RWY 7, Amdt 1. 10–Feb–11 ... PA Quakertown ...... Quakertown ...... 0/2366 12/27/10 NDB RWY 29, Amdt 10. 10–Feb–11 ... PA Quakertown ...... Quakertown ...... 0/2367 12/27/10 RNAV (GPS) RWY 29, Orig. 10–Feb–11 ... MO St Louis ...... Lambert-St Louis Intl ...... 0/2654 12/23/10 ILS PRM RWY 11 (Sim. Close Parallel), Orig-B; ILS PRM RWY 11 (CAT II) (Sim Close Parallel), Orig-B; ILS PRM RWY 11 (CAT III) (Sim Close Parallel), Orig-B. 10–Feb–11 ... MO St Louis ...... Lambert-St Louis Intl ...... 0/2655 12/23/10 ILS PRM RWY 12L (Sim. Close Parallel), Amdt 1; ILS PRM RWY 12L (CAT II) (Sim Close Parallel), Amdt 1; ILS PRM RWY 12L (CAT III) (Sim Close Parallel), Amdt 1. 10–Feb–11 ... MO St Louis ...... Lambert-St Louis Intl ...... 0/2656 12/23/10 ILS PRM RWY 29 (Sim. Close Parallel), Amdt 1A. 10–Feb–11 ... MO St Louis ...... Lambert-St Louis Intl ...... 0/2657 12/23/10 ILS PRM RWY 30R (Sim. Close Parallel), Amdt 1A; ILS PRM RWY 30R (CAT II) (Sim Close Parallel), Amdt 1A; ILS PRM RWY 30R (CAT III) (Sim Close Parallel), Amdt 1A. 10–Feb–11 ... MO St Louis ...... Lambert-St Louis Intl ...... 0/2660 12/23/10 LDA PRM RWY 30L (Sim. Close Parallel), Amdt 1A. 10–Feb–11 ... MI Detroit ...... Detroit Metropolitan Wayne 0/2668 12/23/10 ILS PRM RWY 3R (Sim. Close County. Parallel), Orig; ILS PRM RWY 3R (CAT II) (Sim. Close Par- allel), Orig; ILS PRM RWY 3R (CAT III) (Sim. Close Parallel), Orig. 10–Feb–11 ... MI Detroit ...... Detroit Metropolitan Wayne 0/2669 12/23/10 ILS PRM RWY 4R (Sim. Close County. Parallel), Orig; ILS PRM RWY 4R (CAT II) (Sim. Close Par- allel), Orig; ILS PRM RWY 4R (CAT III) (Sim. Close Parallel), Orig. 10–Feb–11 ... MI Detroit ...... Detroit Metropolitan Wayne 0/2670 12/23/10 ILS Y PRM RWY 4L (Sim. Close County. Parallel), Orig-A. 10–Feb–11 ... MI Detroit ...... Detroit Metropolitan Wayne 0/2671 12/23/10 ILS Y PRM RWY 22R (Sim. County. Close Parallel), Orig-A. 10–Feb–11 ... NE Hebron ...... Hebron Muni ...... 0/2696 12/20/10 GPS RWY 12, Orig. 10–Feb–11 ... NE Hebron ...... Hebron Muni ...... 0/2697 12/20/10 NDB RWY 12, Amdt 4. 10–Feb–11 ... NE Hebron ...... Hebron Muni ...... 0/2698 12/20/10 GPS RWY 30, Orig. 10–Feb–11 ... OH Cleveland ...... Cleveland-Hopkins Intl ...... 0/2702 12/23/10 ILS PRM RWY 24R (Sim. Close Parallel), Orig-B.

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AIRAC date State City Airport FDC No. FDC date Subject

10–Feb–11 ... OH Cleveland ...... Cleveland-Hopkins Intl ...... 0/2704 12/23/10 LDA PRM RWY 6R (Sim. Close Parallel), Amdt 1B. 10–Feb–11 ... OH Cleveland ...... Cleveland-Hopkins Intl ...... 0/2707 12/23/10 ILS PRM RWY 6L (Sim. Close Parallel), Orig-C. 10–Feb–11 ... OH Cleveland ...... Cleveland-Hopkins Intl ...... 0/2708 12/23/10 LDA PRM RWY 24L (Sim. Close Parallel), Orig-B. 10–Feb–11 ... MI Detroit ...... Detroit Metropolitan Wayne 0/2710 12/23/10 ILS PRM RWY 22L (Sim. Close County. Parallel), Orig. 10–Feb–11 ... MI Detroit ...... Detroit Metropolitan Wayne 0/2711 12/23/10 ILS PRM RWY 21L (Sim. Close County. Parallel), Orig. 10–Feb–11 ... IA Sioux City ...... Sioux Gateway/Col Bud Day 0/2714 12/23/10 VOR OR TACAN RWY 31, Amdt Field. 26. 10–Feb–11 ... IA Sioux City ...... Sioux Gateway/Col Bud Day 0/2715 12/23/10 ILS OR LOC RWY 13, Amdt 1F. Field. 10–Feb–11 ... PA Philadelphia ...... Philadelphia Intl ...... 0/3257 12/28/10 ILS PRM RWY 27L (Sim. Close Parallel), Amdt 3. 10–Feb–11 ... PA Philadelphia ...... Philadelphia Intl ...... 0/3258 12/28/10 ILS PRM RWY 26 (Sim. Close Parallel), Amdt 3. 10–Feb–11 ... TX Pampa ...... Perry Lefors Field ...... 0/4249 12/6/10 GPS RWY 17, Orig-A. 10–Feb–11 ... IL Champaign/Urbana University of Illinois-Willard ... 0/7104 12/20/10 LOC/DME BC RWY 14L, Amdt 8. 10–Feb–11 ... LA Lake Charles ...... Lake Charles Rgnl ...... 0/9701 12/13/10 RADAR–1, Amdt 5A. 10–Feb–11 ... LA Lake Charles ...... Lake Charles Rgnl ...... 0/9702 12/13/10 LOC BC RWY 33, Amdt 19A. 10–Feb–11 ... LA Lake Charles ...... Lake Charles Rgnl ...... 0/9703 12/13/10 RNAV (GPS) RWY 33, Amdt 1B.

[FR Doc. 2011–816 Filed 1–21–11; 8:45 am] conduct of those proceedings and Practice 4 to establish procedures for BILLING CODE 4910–13–P address the process the Commission instituting proceedings to determine will follow to institute proceedings and whether an SRO’s proposed rule change provide notice of the grounds for should be disapproved under Section SECURITIES AND EXCHANGE disapproval under consideration as well 19(b) of the Exchange Act (§ 201.700 et COMMISSION as provide interested parties with an seq.) and is making corresponding opportunity to submit written materials changes to Rule 19b–4 under the 17 CFR Parts 201, 202 and 240 to the Commission. In addition, the Exchange Act (15 U.S.C. 78f(b)(4)). The [Release No. 34–63723] Commission is making conforming Commission is also adding Rule 170 to changes to Rule 19b–4 under the Regulation P 5 to provide that § 201.700 Rules of Practice Exchange Act in recognition of the new et seq. establishes procedures for Rules of Practice. Further, pursuant to instituting proceedings to determine AGENCY: Securities and Exchange Section 107 of the Sarbanes-Oxley Act whether a PCAOB proposed rule should Commission. of 2002 (‘‘Sarbanes-Oxley Act’’), the be disapproved. ACTION: Final rule. provisions of paragraphs (1) through (3) I. Discussion of Rule Amendments SUMMARY: Section 916 of the Dodd- of Section 19(b) of the Exchange Act Frank Wall Street Reform and Consumer govern the proposed rules of the Public A. Background Protection Act (‘‘Dodd-Frank Act’’) 1 Company Accounting Oversight Board 3 amended Section 19(b) of the Securities (‘‘PCAOB’’). The Commission is Section 916 of the Dodd-Frank Act Exchange Act of 1934 (‘‘Exchange Act’’),2 amending Regulation P to add a rule amended Section 19(b) of the Exchange which governs the handling of proposed providing that these new Rules of Act, which governs the Commission’s rule changes submitted by self- Practice also formalize the process the handling of proposed rule changes regulatory organizations (‘‘SROs’’). Commission will use when conducting submitted by SROs, including national Among other things, the Dodd-Frank proceedings to determine whether a securities exchanges, the Financial Act’s amendments to Section 19 of the PCAOB proposed rule should be Industry Regulatory Authority Exchange Act require the Securities and disapproved. (‘‘FINRA’’), and registered clearing 6 Exchange Commission (‘‘Commission’’) DATES: Effective Date: January 24, 2011. agencies. Notably, the amendments to Section 19(b) in Section 916 of the to promulgate rules setting forth the FOR FURTHER INFORMATION CONTACT: procedural requirements of proceedings Dodd-Frank Act established new Richard Holley III, Assistant Director, at statutory deadlines applicable to the to determine whether a proposed rule (202) 551–5614, Kristie Diemer, Special change should be disapproved. In Commission’s publication and review of Counsel, at (202) 551–5613, and Arisa proposed SRO rule changes.7 satisfaction of this requirement, the Tinaves, Special Counsel, at (202) 551– Commission is adopting new Rules of 5676, Division of Trading and Markets, Practice to formalize the process it will 4 17 CFR 201 et seq. or Jeffrey S. Cohan, Senior Special 5 use when conducting proceedings to 17 CFR 202.100 et seq. Counsel, at (202) 551–5300, Office of the 6 Pursuant to Section 107 of the Sarbanes-Oxley determine whether an SRO’s proposed Chief Accountant, Securities and Act, the provisions of paragraphs (1) through (3) of rule change should be disapproved Exchange Commission, 100 F Street, Section 19(b) of the Exchange Act also govern under Section 19(b)(2) of the Exchange NE., Washington, DC 20549–7010. proposed rules of the PCAOB. Act. The new rules are intended to add 7 Pursuant to Rule 30–3(a) (17 CFR 200.30–3(a)), transparency to the Commission’s SUPPLEMENTARY INFORMATION: The the Commission has delegated authority to the Commission is adding to its Rules of Division of Trading and Markets for certain functions related to the handling of proposed rule 1 Public Law 111–203 (July 21, 2010). changes filed by SROs under Section 19 of the 2 15 U.S.C. 78s(b)(2). 3 See 15 U.S.C. 7217. Exchange Act.

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Among other things, amended Section comment, and Commission Specifically, the Commission is 19(b) imposes a requirement that an consideration under Section 19(b)(2) of adopting rules to outline the procedures SRO’s proposed rule change be sent by the Exchange Act. Section 916(c) of the that it will follow when exercising its the Commission to the Federal Register Dodd-Frank Act amended Section authority under Section 19(b)(2)(A)(i)(II) for publication within 15 days of the 19(b)(3)(C) of the Exchange Act and of the Exchange Act, pursuant to which date on which the SRO posted its replaced abrogation with a process in the Commission either (1) may institute proposed rule change on its Web site.8 which the Commission may proceedings to determine whether a Further, Section 916(a) of the Dodd- ‘‘temporarily suspend’’ a proposed rule proposed rule change filed under Frank Act amended Section 19(b)(2) of change (if it appears to the Commission Section 19(b)(2) should be disapproved the Exchange Act to require the that such action is necessary or or (2) shall institute such proceedings to Commission, within 45 days of the appropriate in the public interest, for determine whether to disapprove an ‘‘publication date’’ of notice of a the protection of investors, or otherwise immediately effective proposed rule proposed rule change, to either approve in furtherance of the purposes of the change filed under Section 19(b)(3)(A) a proposed rule change, disapprove a Exchange Act) and then must institute that the Commission determined to proposed rule change, or institute proceedings under Section 19(b)(2)(B) to temporarily suspend. proceedings to determine whether the determine whether to approve or The procedural rules that the proposed rule change should be disapprove the SRO rule change.12 Commission now is adopting are disapproved.9 With the exception of the Prior to the Dodd-Frank Act’s intended to implement the mandate ability to disapprove a proposed rule amendments to Section 19, proceedings imposed by the Dodd-Frank Act.15 The change without first instituting to determine whether to disapprove a rules also are intended to bring proceedings, the authority to either proposed rule change were rarely begun transparency to the conduct of approve a proposed rule change or and even more rarely concluded.13 proceedings to disapprove a proposed institute proceedings to determine Rather, an SRO typically modified or rule change under Section 19(b) of the whether a proposed rule change should withdrew a proposal when it Exchange Act and reflect the process be disapproved is not new. understood the Commission or its staff that the Commission generally has In addition, the Dodd-Frank Act had concerns that could lead it to followed when it has had occasion to removed the concept of ‘‘abrogation’’ of institute such proceedings. The Dodd- conduct such proceedings.16 Among a filing that an SRO designated to be Frank Act’s amendments to Section 19 other things, the new rules outline the effective immediately upon filing with may increase the number of proceedings process that the Commission will follow the Commission. Prior to the Dodd- that the Commission determines to to provide to the SRO notice of the Frank Act, the Commission had the institute because, among other things, grounds for disapproval under authority, within 60 days of the date of the new authority to ‘‘temporarily consideration.17 filing, to summarily abrogate a proposed suspend’’ an immediately effective filing While the new rules are not within rule change filed for immediate obligates the Commission to institute the scope of the existing Rules of effectiveness under former Section proceedings to determine whether to Practice, they do incorporate three 19(b)(3)(A) of the Exchange Act 10 if the disapprove the SRO rule change with existing Rules of Practice by reference: Commission determined that such the imposition of the suspension. That Rule 103 (Construction of Rules), 104 action was necessary or appropriate in provision, together with the new (Business Hours), and 160 (Time the public interest, for the protection of statutory deadlines applicable to Computation). Rule 103, among other investors, or otherwise in furtherance of Commission review and publication of things, specifies that the Rules of the purposes of the Exchange Act.11 an SRO’s proposed rule change, will Practice ‘‘shall be construed and Abrogation suspended the effectiveness further increase the Commission’s administered to secure the just, speedy, of an immediately effective proposal workload. Consequent constraints on and inexpensive determination of every and obligated the SRO, if it desired to Commission resources would be proceeding.’’ 18 It also states that counsel proceed with its proposed rule change, compounded to the extent that the to refile the proposal for notice, Commission continues to receive an to disapprove an SRO’s proposed rule change, to increasing number of proposed rule have ‘‘consult[ed] with other regulatory agencies.’’ 8 See Section 19(b)(2)(E) of the Exchange Act (15 changes from an increasing number of Id. In satisfaction of this requirement, Commission U.S.C. 78s(b)(2)(E)), as added by Section 916(a) of SROs. staff has consulted with staff from the Commodity the Dodd-Frank Act. The 15-day period commences Futures Trading Commission, the Federal Reserve when the SRO, ‘‘after filing a proposed rule change B. Rule Amendments Board, and the Office of the Comptroller of the with the Commission,’’ posts its proposal on a Currency. publicly available Web site. See id. Separately, Rule As required by Section 19(b)(2)(F) of 15 Rules 700 and 701 are not affected by the other 19b–4(l) under the Exchange Act requires the SRO the Exchange Act (added by Section Rules of Practice contained in part 201, except as to post a proposal on its Web site within two specifically provided for in Rule 700. See business days after filing the proposal with the 916(a) of the Dodd-Frank Act), the amendment to Rule of Practice 100 (‘‘Scope of the Commission. See 17 CFR 240.19b–4(l). If the Commission is promulgating new Rules Rules of Practice’’) adding new subparagraph (b)(3). Commission fails to send the notice to the Federal of Practice setting forth the procedural 16 See, e.g., Securities Exchange Act Release No. Register by the applicable deadline, then the requirements for proceedings to 21439 (October 31, 1984), 49 FR 44577 (November ‘‘publication date’’ would be deemed to be the date 7, 1984) (File Nos. SR–CBOE–84–15 and SR–CBOE– on which the SRO Web site publication was made. determine whether to disapprove an 14 84–16) (Order Instituting Proceedings to Determine See 15 U.S.C. 78s(b)(2)(E). SRO’s proposed rule change. Whether to Disapprove Rule Changes). 9 See Exchange Act Section 19(b)(2)(A)(i). The 17 Though in a proceeding to determine whether initial 45-day period may be extended by either the 12 See 15 U.S.C. 78s(b)(3)(C). Section 19(b)(3)(C) to disapprove a proposed rule change the Commission or the SRO for up to an additional 45 further provides that a temporary suspension is not Commission is required to publish notice of its days to a maximum of 90 days total. See 15 U.S.C. reviewable under Exchange Act Section 25 nor is grounds for disapproval under consideration, the 78s(b)(2)(A)(ii). If the Commission subsequently it deemed to be ‘‘final agency action.’’ Commission could ultimately either disapprove or fails to act within the applicable time frame, then 13 See, e.g., infra note 16 (citing to a 1984 approve the proposal following conclusion of the the proposed rule change will be ‘‘deemed to have disapproval proceeding order). proceedings. See Exchange Act Section 19(b)(2)(C); been approved.’’ See 15 U.S.C. 78s(b)(2)(D). 14 See 15 U.S.C. 78s(b)(2)(F). Section 19(b)(2)(F) 15 U.S.C. 78s(b)(2)(C) (setting forth the standards 10 See 15 U.S.C. 78s(b)(3)(A). also requires the Commission, as part of its effort applicable to Commission approval or disapproval 11 See former Section 19(b)(3)(C); former 15 to promulgate rules setting forth the procedural of a proposed rule change). See also infra note 27. U.S.C. 78s(b)(3)(C). requirements for proceedings to determine whether 18 See 17 CFR 201.103(a).

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for a party may take any action required on which it seeks comment in an particular, the SRO that submitted the or permitted to be taken by such party.19 efficient manner when the proposal is proposed rule change could file a Rule 104 sets forth the business hours first noticed for public comment. In written statement in support of its of the Commission, which will be addition, it will allow the Commission proposed rule change demonstrating, in applicable to the filing of papers with to proceed without additional delay to specific detail, how such proposed rule the Commission.20 Rule 160 governs the act on a proposed rule change in a more change is consistent with the computation of time periods, which will efficient manner. Alternatively, requirements of the Exchange Act and be applicable when the Commission providing for publication of the grounds the rules and regulations thereunder establishes, for example, deadlines by for disapproval under consideration applicable to the SRO.26 The statement which comments must be received.21 subsequent to the initial publication of could include a response to each of the Consistent with Exchange Act Section the proposed rule change in the Federal grounds for disapproval under 19(b)(2)(B), when instituting Register recognizes that commenters or consideration as well as any specific proceedings to determine whether to the Commission may identify an issue representations or undertakings (e.g., disapprove an SRO’s proposed rule with a proposal after a proposal was representations or undertakings change, the new rules state that the published for comment that warrants concerning the SRO’s plans for Commission shall provide notice to the the institution of proceedings to surveillance or enforcement of a SRO and to the public of the grounds for determine whether to disapprove the proposed new trading rule). disapproval under consideration. This proposal. Further, as a consequence of At the conclusion of the initial notice shall include a brief statement of the short timeframe for noticing a opportunity to submit written materials, the matters of fact and law that the proposal that is established in revised the rules provide an opportunity for the Commission is considering in Section 19(b) of the Exchange Act, the SRO whose proposed rule change is determining whether to disapprove the Commission may be compelled to under consideration to respond to any rule filing.22 In addition to publication publish filings that are later found to comments received on its proposal (i.e., of such notice in the Federal Register, raise concerns under the Exchange Act, a ‘‘rebuttal period’’).27 The rules state the rules provide that the Commission in which case the Commission may that any failure by the SRO to respond also will serve a copy of the notice to decide to institute proceedings to comments received on the proposal the SRO that filed the proposed rule subsequent to the initial publication of may result in the Commission not change.23 the proposed rule change in the Federal having a sufficient basis to make an 24 As reflected in new Rule 700(b)(1), Register. affirmative finding as to whether the such notice of the grounds for When instituting proceedings, Section SRO’s proposed rule change is disapproval under consideration may be 19(b)(2)(B)(i)(II) of the Exchange Act consistent with the Exchange Act and provided either simultaneously with the requires the Commission to provide the the rules and regulations thereunder initial publication by the Commission of SRO with an opportunity for a hearing. applicable to the SRO.28 the notice of the SRO’s proposed rule Accordingly, new Rule 700(c) outlines change in the Federal Register, or it the conduct of the proceedings and Further, the new rules state that the may be published separately in the establishes the opportunity for the SRO Commission may consider any failure Federal Register subsequent to the that filed the proposed rule change, as by the SRO to provide all of the initial publication by the Commission of well as any other interested parties, to information required by Form 19b–4 in the notice of the SRO’s proposed rule be heard on the matter. Specifically, the manner required by the Form, as change in the Federal Register. Rule 700(c) states that all parties, well as any failure to explain how the Providing for publication of the grounds including the SRO, will be given a proposed rule change is consistent with for disapproval under consideration specified amount of time (as indicated the requirements of the Exchange Act simultaneous with the initial in the notice of the grounds for and the applicable rules and regulation publication of the proposed rule change disapproval) to submit supporting or thereunder or any failure by the SRO to in the Federal Register recognizes that opposing materials, in writing, for the provide a complete response to the a proposed rule change may initially Commission’s consideration in Commission’s grounds for disapproval raise questions as to whether the determining whether to approve or under consideration, in determining Commission would be able to approve disapprove a proposed rule change.25 In whether to approve or disapprove the the proposal as consistent with the Exchange Act and the rules and 24 As required by Section 19(b)(2)(E) of the approval or disapproval would be facilitated by the opportunity for an oral presentation of views. See regulations thereunder applicable to the Exchange Act (added by Section 916(a) of the Dodd- Frank Act), the Commission must send notice of an Rule 700(c)(2). SRO. Simultaneous publication will SRO’s proposed rule change to the Federal Register 26 Notably, the instructions to Form 19b–4 require allow the Commission to highlight for publication within 15 calendar days of the date an SRO to present, in a clear and comprehensible prominently for public comment issues on which the SRO posts its proposed rule change manner, how every proposed rule change it files on its Web site. Failure to meet the 15 calendar day with the Commission is consistent with the statutory timeframe results in the ‘‘publication date’’ requirements of the Exchange Act and the rules and 19 See 17 CFR 201.103(c)(3). being deemed to be the day on which the SRO regulations thereunder applicable to the SRO. These 20 See 17 CFR 201.104. posted its proposal on its Web site. Because the 45- standards are reflected in Rule 700(b)(3). 21 See 17 CFR 201.160. Among other things, Rule day statutory deadline for Commission action is 27 The Commission will indicate in the notice of 160 addresses compliance with deadlines that fall keyed off of the ‘‘publication date,’’ and because the grounds for disapproval the specified amount of on a Saturday, Sunday, or Federal holiday. failure to act by that deadline results in a proposal time for the rebuttal period. See Rule 700(c)(3). 22 As stated in Rule 700(e), the Commission is not being ‘‘deemed approved,’’ failure to notice a 28 The standard for approval of a proposed rule required to amend its notice of the grounds for proposal within 15 calendar days can effectively change is that the Commission ‘‘shall approve a disapproval under consideration to consider reduce the time that the Commission and proposed rule change * * * if it finds that such additional matters of fact and law beyond what was commenters have to fully consider a proposal. proposed rule change is consistent with the set forth in its notice of the grounds for disapproval 25 A request for an opportunity for an oral requirements of [the Exchange Act] and the rules under consideration. presentation of views should be submitted as a and regulations issued under [the Exchange Act] 23 Specifically, in addition to Federal Register written request to the Secretary of the Commission that are applicable to [the SRO].’’ 15 U.S.C. publication, notice will be served to the contact and should include a reference to the proposed rule 78s(b)(2)(C)(i). The standard for disapproval is that person listed on the cover page of the Form change’s file number. See Exchange Act Rule the Commission ‘‘shall disapprove a proposed rule 19b–4 filing filed with the Commission. See Rule 19b–4(g). The Commission, in its sole discretion, change of [an SRO] if it does not make [such 700(b)(1)(iii). may determine whether any issues relevant to finding].’’ 15 U.S.C. 78s(b)(2)(C)(ii).

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proposed rule change.29 In particular, reference to new Rules of Practice 700– Act,36 therefore, does not apply. such failure may result in the 701.32 In addition, the Commission is Similarly, because these rules relate to Commission not having a sufficient amending paragraph (l) of Rule 19b–4 ‘‘agency organization, procedure or basis to make an affirmative finding that concerning the obligation of an SRO to practice that does not substantially the proposed rule change is consistent post and maintain a copy of each affect the rights or obligations of non- with the Exchange Act and the rules and proposed rule change on its Web site to agency parties,’’ analysis of major status regulations thereunder applicable to the provide specific guidance to the SRO as under the Small Business Regulatory SRO. to when to remove a proposed rule Enforcement Fairness Act is not After conclusion of the initial change that is disapproved by the required.37 The new rules and rule comment period and the rebuttal period, Commission. Currently, Rule 19b–4(l) amendments do not contain any new the opportunity for interested parties to does not specifically reference a collection of information requirements comment on the proposed rule change Commission disapproval order as one of as defined by the Paperwork Reduction would close. Thereafter, the the potential final actions on a proposal. Act of 1995, as amended.38 Rather, the Commission would issue a written order Finally, the Commission is adding new rules and rule amendments govern either approving or disapproving the Rule 170 to Regulation P 33 to provide a process that the Commission will be SRO’s proposed rule change that sets that § 201.700 et seq. establishes the able to institute when an SRO’s out the reasons for the Commission’s procedures for instituting proceedings proposed rule change submitted on 30 determination. to determine whether a PCAOB Form 19b–4 failed to provide the The new rules also specify the record proposed rule should be disapproved. Commission with a sufficient basis to that the Commission will consider in Specifically, and consistent with make a finding whether the proposed the context of a proceeding to determine Section 107 of the Sarbanes-Oxley Act, rule change was or was not consistent whether to disapprove an SRO’s new Rule 170 clarifies that § 201.700 et with the Exchange Act and the rules and proposed rule change. Specifically, Rule seq applies to proposed rules of the regulations thereunder applicable to the 700(d)(3) states that the Commission PCAOB as fully as if it were a proposed SRO. The required scope of information will determine the matter on the basis rule change of a ‘‘registered securities that an SRO must submit to the of the record, which shall include the association’’. Rule 170, like Section Commission to explain each proposed SRO’s proposed rule change filed on 107(b)(4)(A) of the Sarbanes-Oxley Act, rule change and demonstrate that each Form 19b–4, any written materials proposed rule change is consistent with received from any party on the proposed substitutes the approval criteria to be ‘‘consistent with the requirements of the Exchange Act and the rules and rule change, and any written materials regulations thereunder is established in that reflect communications between title I of the Sarbanes-Oxley Act of 2002, and the rules and regulations issued existing Form 19b–4, and the rules and the Commission and any interested rule amendments do not contain any thereunder applicable to such parties.31 Further, the rules reflect that additional collection of information organization, or as necessary or written materials shall be filed with the requirements beyond what SROs are appropriate in the public interest or for Secretary of the Commission and that all already required to provide to the the protection of investors * * *.’’ materials received will generally be Commission. made publicly available. Further, given that the PCAOB is not Further, the Commission is making explicitly subject to Rule 19b–4, Rule III. Consideration of the Costs and conforming edits to Rule 19b–4 in light 170 also clarifies the requirement for the Benefits of the Rule Amendments and of new Rules of Practice 700 and 701. PCAOB to demonstrate that a proposed Burden on Competition In particular, the Commission is rule is ‘‘consistent with the requirements The Commission is sensitive to the removing existing paragraph (g) of that of title I of the Sarbanes-Oxley Act of costs and benefits imposed by its rules rule, which references the opportunity 2002, and the rules and regulations and has identified certain costs and for interested persons to be heard in the issued thereunder applicable to such benefits of these rules. The rules and context of a proceeding to determine organization, or as necessary or rule amendments that the Commission whether to disapprove a proposed rule appropriate in the public interest or for is adopting are intended to implement 34 change, and is replacing it with a cross the protection of investors.’’ the mandate imposed by the Dodd- II. Administrative Procedure Act, Frank Act. The benefits of the new rules 29 In addition, a filing that does not comply with and rule amendments also include all applicable requirements, including the Regulatory Flexibility Act, and requirements of Form 19b–4, may be rejected as not Paperwork Reduction Act increased transparency of the properly filed under the circumstances outlined in Commission’s conduct of proceedings to Section 19(b)(10) of the Exchange Act. See Section The Commission finds, in accordance determine whether to disapprove an 19(b)(10) of the Exchange Act, 15 U.S.C. 78s(b)(10) with the Administrative Procedure Act SRO’s proposed rule change. New Rules (setting forth the rule of construction relating to the (‘‘APA’’),35 that the new rules and rule filing date of proposed rule changes and the ability 201.700 and 701 and new Rule 170 of the Commission to reject incomplete filings). amendments relate solely to agency under Regulation P establish procedures Specifically, as stated in the general instructions to organization, procedures or practices. for the Commission to follow when Form 19b–4, any filing that does not comply with Accordingly, these new rules and rule instituting and conducting proceedings the requirements of Form 19b–4 may be returned amendments are not subject to the to the SRO and any filing so returned shall for all to determine whether to disapprove a purposes be deemed not to have been filed with the provisions of the APA requiring notice, proposed rule filing. The new rules and Commission. See also Rule 0–3 under the Exchange opportunity for public comment, and rule amendments provide procedures Act, 17 CFR 254.0–3 (‘‘[t]he date on which papers publication. The Regulatory Flexibility for the Commission, SROs, the PCAOB, are actually received by the Commission shall be the date of filing thereof if all of the requirements and the public concerning the with respect to the filing have been complied with 32 Rule 19b–4(g) is consistent with the process administration of certain of the ***’’). outlined in new Rules of Practice 700 and 701. Commission’s responsibilities under However, to avoid any confusion or overlap, the 30 See Rule 701; see also Exchange Act Section Section 19 of the Exchange Act and 19(b)(2)(C); 15 U.S.C. 78s(b)(2)(C). Commission is amending the Rule 19b–4(g) to cross 31 In the event that an oral presentation of reference the new Rules of Practice. supporting or opposing views is ordered by the 33 17 CFR 202.100 et seq. 36 5 U.S.C. 601 et seq. Commission, the written transcript of the remarks 34 15 U.S.C. 7217(b)(4)(A). 37 5 U.S.C. 804(3)(C). would become part of the record. 35 5 U.S.C. 553(b)(3)(A). 38 44 U.S.C. 3501 et seq.

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Section 107 of the Sarbanes-Oxley Act, transparency with respect to the citations for §§ 201.700 to 201.702 to and reflect a process that is intended to Commission’s conduct of proceedings read as follows: help ensure that only those proposed under the Exchange Act to determine Authority: 15 U.S.C. 77s, 77sss, 78w, 78x, rule changes that are consistent with the whether to disapprove an SRO’s 80a–37, and 80b–11; 5 U.S.C. 504(c)(1). Exchange Act and title I of the Sarbanes- proposed rule change or a proposed rule Sections 201.700 to 201.702 are also issued Oxley Act, respectively, are permitted. of the PCAOB. The new rules, which set under sec. 916, Pub. L. 111–203, 124 Stat. There also are potential costs of the forth the administrative procedures 1376. new rules. An SRO or the PCAOB may concerning the Commission’s conduct ■ 2. Section 201.100 is amended by incur costs as a result of the new rules, of such proceedings, apply equally to all adding new paragraph (b)(3) to read as for example, when submitting written SROs, including all national securities follows: material in support of its proposed rule exchanges, FINRA, and clearing change or providing a response to any agencies that are required to submit § 201.100 Scope of the rules of practice. adverse comments received. However, proposed rule filing changes with the * * * * * the Commission believes that such costs Commission. We note that many of the (b) * * * typically are already incurred by the substantive requirements of the new (3) Initiation of proceedings for SRO SROs when filing proposed rule changes rules come directly from the proposed rule changes under 17 CFR on Form 19b–4, particularly since Form amendments to Exchange Act Section 201.700–701, except where made 19b–4 contains comprehensive and 19(b) by the Dodd-Frank Act. In specifically applicable therein. rigorous requirements that an SRO must addition, these rules are intended to * * * * * follow when presenting, explaining, and codify and reflect the typical process ■ 3. Add §§ 201.700 and 201.701 to read offering a thorough legal analysis of that the Commission has followed when as follows: each proposed rule change. Further, conducting proceedings to determine SROs already typically submit whether to disapprove an SRO’s § 201.700 Initiation of proceedings for SRO responses to adverse substantive proposed rule change. Therefore, the proposed rule changes. comments received during the rule Commission does not expect the rules to (a) Rules of Practice. For purposes of filing process. Similarly, the PCAOB has have an anti-competitive effect. To the these Rules of Practice contained at 17 incurred costs by presenting, contrary, the new rules provide all CFR 201.700 through 201.701, the explaining, and offering similarly interested parties with an opportunity to following Rules of Practice apply: rigorous legal analysis of each of its express their views to the Commission (1) Rule 103, 17 CFR 201.103 proposed rules. concerning an SRO’s proposed rule (Construction of Rules); Further, because the new rules and change or a proposed rule of the PCAOB (2) Rule 104, 17 CFR 201.104 rule amendments relate to agency that the Commission is considering (Business Hours); and organization, procedures or practice, the (3) Rule 160, 17 CFR 201.160 (Time potentially disapproving. To that extent, Commission believes that they will have Computation). the new rules are expected to promote no adverse impact on capital formation, (b) Institution of proceedings; notice competition and help ensure that SRO nor are they expected to have any and opportunity to submit written rules are consistent with the Exchange potential adverse impact on efficiency. views. Act and the rules and regulations In particular, the new rules and rule (1) Generally. If the Commission thereunder and PCAOB rules and amendments are intended to add determines to initiate proceedings to standards are consistent with the transparency to the Commission’s determine whether a self-regulatory Sarbanes-Oxley Act and the rules and institution and conduct of proceedings organization’s proposed rule change regulations thereunder. to determine whether to disapprove a should be disapproved, it shall provide proposed rule change. To the extent that IV. Statutory Basis and Text of Rules notice thereof to the self-regulatory organization that filed the proposed rule interested parties identify issues and The Commission is amending its change, as well as all interested parties present information that informs the Rules of Practice and Rule 19b–4 Commission’s decision-making with and the public, by publication in the pursuant to authority set forth in the respect to a particular proposed rule Federal Register of the grounds for Exchange Act, including Sections 19(b) change that itself may affect capital disapproval under consideration. and 23(a). The Commission is amending formation or price efficiency, then the (i) Prior to notice. If the Commission Regulation P pursuant to authority set Commission’s new rules and rule determines to institute proceedings forth in the Sarbanes-Oxley Act, amendments could, in turn, promote prior to initial publication by the including Sections 3(b) and 107 and the capital formation and efficiency. Commission of the notice of the self- Exchange Act, including Sections 19(b) Section 23(a) of the Exchange Act 39 regulatory organization’s proposed rule and 23(a). requires the Commission, when making change in the Federal Register, then the rules and regulations under the List of Subjects in 17 CFR Parts 201, Commission shall publish notice of the Exchange Act, to consider the impact a 202 and 240 proposed rule change simultaneously with a brief summary of the grounds for new rule would have on competition. Administrative practice and disapproval under consideration. Exchange Act Section 23(a)(2) prohibits procedures. the Commission from adopting any rule (ii) Subsequent to notice. If the that would impose a burden on Text of Amendments Commission determines to institute competition not necessary or For the reasons set out in the proceedings subsequent to initial appropriate in furtherance of the preamble, Title 17, Chapter II of the publication by the Commission of the purposes of the Exchange Act. Code of Federal Regulations is amended notice of the self-regulatory The new rules and rule amendments as follows: organization’s proposed rule change in implement the Dodd-Frank Act the Federal Register, then the statutory changes to the rule change PART 201—RULES OF PRACTICE Commission shall publish separately in process and are intended to enhance the Federal Register a brief summary of ■ 1. The authority citation for part 201 the grounds for disapproval under 39 15 U.S.C. 78w(a). is amended by adding authority consideration.

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(iii) Service of an order instituting proposed rule change, its purpose and under consideration the length of the proceedings. In addition to publication operation, its effect, and a legal analysis rebuttal period. in the Federal Register of the grounds of its consistency with applicable (4) Non-response. Any failure by the for disapproval under consideration, the requirements must all be sufficiently self-regulatory organization to provide a Secretary, or another duly authorized detailed and specific to support an complete response, within the officer of the Commission, shall serve a affirmative Commission finding. Any applicable time period specified, to a copy of the grounds for disapproval failure of the self-regulatory comment letter received or to the under consideration to the self- organization to provide the information Commission’s grounds for disapproval regulatory organization that filed the elicited by Form 19b–4 may result in the under consideration may result in the proposed rule change by serving notice Commission not having a sufficient Commission not having a sufficient to the person listed as the contact basis to make an affirmative finding that basis to make an affirmative finding that person on the cover page of the Form a proposed rule change is consistent a proposed rule change is consistent 19b–4 filing. Notice shall be made by with the Exchange Act and the rules and with the Exchange Act and the rules and delivering a copy of the order to such regulations issued thereunder that are regulations issued thereunder that are contact person either by any method applicable to the self-regulatory applicable to the self-regulatory specified in 17 CFR 201.141(a) or by organization. organization. electronic means including e-mail. (c) Conduct of hearings. (d) Record before the Commission. (2) Notice of the grounds for (1) Initial comment period in writing. (1) Filing of papers with the disapproval under consideration. The Unless otherwise specified by the Commission. Filing of papers with the grounds for disapproval under Commission in its notice of grounds for Commission shall be made by filing consideration shall include a brief disapproval under consideration, all them with the Secretary, including statement of the matters of fact and law interested persons will be given an through electronic means. In its notice on which the Commission instituted the opportunity to submit written data, setting forth the grounds for disapproval proceedings, including the areas in views, and arguments concerning the under consideration for a proposed rule which the Commission may have proposed rule change under change, the Commission shall inform questions or may need to solicit consideration and whether the interested parties of the methods by additional information on the proposed Commission should approve or which they may submit written rule change. The Commission may disapprove the proposed rule change. comments and arguments for or against consider during the course of the The self-regulatory organization that Commission approval. proceedings additional matters of fact submitted the proposed rule change (2) Public availability of materials and law beyond what was set forth in may file a written statement in support received. During the conduct of the its notice of the grounds for disapproval of its proposed rule change proceedings, the Commission generally under consideration. demonstrating, in specific detail, how will make available publicly all written (3) Demonstration of consistency with such proposed rule change is consistent comments it receives without change. In the Exchange Act. The burden to with the requirements of the Exchange its notice setting forth the grounds for demonstrate that a proposed rule change Act and the rules and regulations disapproval under consideration for a is consistent with the Exchange Act and thereunder applicable to the self- proposed rule change, the Commission the rules and regulations issued regulatory organization, including a shall inform interested parties of the thereunder that are applicable to the response to each of the grounds for methods by which they may view all self-regulatory organization is on the disapproval under consideration. Such written communications relating to the self-regulatory organization that statement may include specific proposed rule change between the proposed the rule change. As reflected representations or undertakings by the Commission and any person, other than in the General Instructions to Form 19b– self-regulatory organization. The those that may be withheld from the 4, the Form is designed to elicit Commission will specify in the public in accordance with the information necessary for the public to summary of the grounds for disapproval provisions of 5 U.S.C. 552. provide meaningful comment on the under consideration the length of the (3) Record before the Commission. proposed rule change and for the initial comment period. The Commission shall determine each Commission to determine whether the (2) Oral. The Commission, in its sole matter on the basis of the record. The proposed rule change is consistent with discretion, may determine whether any record shall consist of the proposed rule the requirements of the Exchange Act issues relevant to approval or change filed on Form 19b–4 by the self- and the rules and regulations disapproval would be facilitated by the regulatory organization, including all thereunder applicable to the self- opportunity for an oral presentation of attachments and exhibits thereto, and regulatory organization. The self- views. all written materials received from any regulatory organization must provide all (3) Rebuttal. At the end of the initial interested parties on the proposed rule information elicited by the Form, comment period, the self-regulatory change, including the self-regulatory including the exhibits, and must present organization that filed the proposed rule organization that filed the proposed rule the information in a clear and change will be given an opportunity to change, through the means identified by comprehensible manner. In particular, respond to any comments received. The the Commission as provided in the self-regulatory organization must self-regulatory organization may paragraph (1), as well as any written explain why the proposed rule change voluntarily file, or the Commission may materials that reflect communications is consistent with the requirements of request a self-regulatory organization to between the Commission and any the Exchange Act and the rules and file, a response to a comment received interested parties. regulations thereunder applicable to the regarding any aspect of the proposed (e) Amended notice not required. The self-regulatory organization. A mere rule change under consideration to Commission is not required to amend its assertion that the proposed rule change assist the Commission in determining notice of grounds for disapproval under is consistent with those requirements, or whether the proposed rule change consideration in order to consider, that another self-regulatory organization should be disapproved. The during the course of the proceedings, has a similar rule in place, is not Commission will specify in the additional matters of fact and law sufficient. Instead, the description of the summary of the grounds for disapproval beyond what was set forth in the notice

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of the grounds for disapproval under failure by the Public Company rule change, or any amendment, from its consideration. Accounting Oversight Board in its Web site within two business days of proposed rule filing with the notification of disapproval, improper § 201.701 Issuance of order. Commission may result in the filing, or withdrawal by the SRO of the At any time following conclusion of Commission not having a sufficient proposed rule change. the rebuttal period specified in 17 CFR basis to make an affirmative finding that * * * * * 201.700(b)(4), the Commission may a proposed rule change is consistent By the Commission. issue an order approving or with the title I of the Sarbanes-Oxley disapproving the self-regulatory Act of 2002, and the rules and Dated: January 14, 2011. organization’s proposed rule change regulations issued thereunder, or as Elizabeth M. Murphy, together with a written statement of the necessary or appropriate in the public Secretary. reasons therefor. interest or for the protection of [FR Doc. 2011–1199 Filed 1–21–11; 8:45 am] investors. BILLING CODE 8011–01–P PART 202—INFORMAL AND OTHER (b) For each reference to ‘‘the PROCEDURES Exchange Act and the rules and ■ 4. The authority citation for part 202 regulations thereunder applicable to the LIBRARY OF CONGRESS continues to read as follows: self-regulatory organization’’ apply ‘‘title I of the Sarbanes-Oxley Act of 2002, and Copyright Office Authority: 15 U.S.C. 77s, 77t, 78d–1, 78u, the rules and regulations issued 78w, 78ll(d), 79r, 79t, 77sss, 77uuu, 80a–37, thereunder applicable to such 37 CFR Part 202 80a–41, 80b–9, 80b–11, and 7201 et seq., organization, or as necessary or unless otherwise noted. [Docket No. RM 2010–6] appropriate in the public interest or for ■ 5. Add § 202.170 to read as follows: the protection of investors.’’ Registration of Claims of Copyright § 202.170 Initiation of disapproval proceedings for PCAOB proposed rules. PART 240—GENERAL RULES AND AGENCY: Copyright Office, Library of REGULATIONS, SECURITIES Congress. Initiation of disapproval proceedings EXCHANGE ACT OF 1934 for proposed rules of the Public ACTION: Interim rule. Company Accounting Oversight Board ■ 6. The authority citation for part 240 SUMMARY: The Copyright Office is as defined by section 107 of the continues to read as follows: adopting interim regulations governing Sarbanes-Oxley Act of 2002 are subject Authority: 15 U.S.C. 77c, 77d, 77g, 77j, the electronic submission of to the provisions of §§ 201.700 and 77s, 77z–2, 77eee, 77ggg, 77nnn, 77sss, 77ttt, applications for registration of 201.701 of this chapter as fully as if it 78c, 78d, 78f, 78i, 78j, 78j–1, 78k, 78k–1, 78l, automated databases that predominantly were a registered securities association, 78m, 78n, 78o, 78p, 78q, 78s, 78u–5, 78w, consist of photographs, and applications except that: 78x, 78ll(d), 78mm, 79q, 79t, 80a–20, 80a–23, for group registration of published (a) Demonstration of Consistency with 80a–29, 80a–37, 80b–3, 80b–4 and 80b–11, the Sarbanes-Oxley Act of 2002. For unless otherwise noted. photographs. This interim rule establishes a testing period and pilot purposes of proposed rules of the Public ■ 7. Section 240.19b–4 is amended by Company Accounting Oversight Board, program during which the Copyright revising paragraphs (g), (l)(1) and (l)(4) Office will assess the desirability and apply this paragraph in lieu of to read as follows: paragraph (b)(3) of § 201.700 of this feasibility of permanently allowing such chapter. The burden to demonstrate that § 240.19b–4 Filings with respect to applications to be submitted through the a proposed rule is consistent with the proposed rule changes by self-regulatory Copyright Office’s electronic filing requirements of title I of the Sarbanes- organizations. system (‘‘eCO’’). Persons wishing to Oxley Act of 2002, and the rules and * * * * * submit electronic applications to regulations issued thereunder, or as (g) Proceedings to determine whether register copyrights of such photographic necessary or appropriate in the public a proposed rule change should be databases or of groups of published interest or for the protection of disapproved will be conducted pursuant photographs should contact the Visual investors, is on the Public Company to 17 CFR 201.700–701 (Initiation of Arts Division for permission and Accounting Oversight Board. In its filing Proceedings for SRO Proposed Rule guidance on electronic registration. the Public Company Accounting Changes). Notwithstanding the ordinary deposit Oversight Board must explain in a clear * * * * * requirements for group registration of and comprehensible manner why the (l) * * * automated databases, an electronic proposed rule change is consistent with (1) In the case of a proposed rule application for group registration of an the requirements of title I of the change filed under section 19(b)(2) of automated database that consists Sarbanes-Oxley Act of 2002 and the the Act (15 U.S.C. 78s(b)(2)), the predominantly of photographic rules and regulations thereunder, or as Commission approves or disapproves authorship must include the image of necessary or appropriate in the public the proposed rule change or the self- each claimed photograph in the interest or for the protection of regulatory organization withdraws the database. The interim regulations also investors. A mere assertion that the proposed rule change, or any allow applicants to use forms other than proposed rule change is consistent with amendments, or is notified that the Form TX, as appropriate, when those requirements is not sufficient. proposed rule change is not properly submitting paper applications to register Instead, the description of the proposed filed; or group automated databases. rule, its purpose and operation, its * * * * * DATES: Effective Date: January 24, 2011. effect, and a legal analysis of its (4) In the case of a proposed rule FOR FURTHER INFORMATION CONTACT: consistency with applicable change, or any amendment thereto, that David O. Carson, General Counsel, or requirements must all be sufficiently has been disapproved, withdrawn or not Catherine Rowland, Attorney Advisor, detailed and specific to support an properly filed, the self-regulatory Copyright Office, GC/I&R, P.O. Box affirmative Commission finding. Any organization shall remove the proposed 70400, Washington, DC 20024.

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Telephone: (202) 707–8380. Telefax: Photographs, 66 FR 37142 (July 17, data and/or works assembled in a (202) 707–8366. 2001). The result was a new group database) but also any or all of the SUPPLEMENTARY INFORMATION: In order to registration procedure permitting works assembled in the database. advise the public of and align its registration of a group of published Accordingly, and in light of the regulations with its registration photographs, all taken by the same longstanding availability of the option practices relating to certain kinds of photographer and published within the of registering unpublished collections group registrations involving same calendar year, upon submission of and the lengthy and carefully photographic authorship, the Copyright an application for registration and a considered rulemaking that established Office is publishing this notice to deposit consisting of each of the images the procedures for group registration of establish a limited pilot program to covered by the registration. At the same published photographs, the Office allow online submission of copyright time, the Office liberalized its prefers and urges claimants to use those applications for photographs using the requirements with respect to acceptable two options when registering groups of procedures for registration of (1) formats of deposits of photographs for photographs rather than using the automated databases and (2) groups of registrations of unpublished collections, provisions for registration of automated published photographs. as well as for the new group registration databases. For over three years, the Copyright of published photographs option. See 37 However, at least at this point in time, Office has offered and encouraged the CFR 202.3(b)(10) and 202.20(c)(2)(xx). the Office is not prepared to impose option of submitting applications for The 2001 regulations ensured that the new limits on the availability of group copyright registration online. See registration record and the deposit registration for automated databases Online Registration of Claims to would provide a sufficient record to when the content that is registered is Copyright, 72 FR 36883 (July 6, 2007). inform the public of the existence and primarily photographic in nature. In However, although online registration scope of the registered copyright claim. fact, the Visual Arts Division has However, some groups of photographs has been available for basic registration accepted some online applications for have also been registered by using claims, it has not yet been made registration of photographic databases another option permitting group generally available for group and has adopted certain practices that registration of automated databases. The registrations. While the Office has are not currently reflected in the Office’s group database registration option was proposed that online registration be regulations. The Register has concluded first announced in 1989. See that it would be advantageous to the required in the future for all group Registration of Claims to Copyright registrations, see Registration of Claims Office and applicants to conduct a pilot Registration and Deposit of Databases, program to evaluate the conditions to Copyright, Group Registration 54 FR 13177 (March 31, 1989). It has Options, 73 FR 23390, 23392 (Apr. 30, under which online registration of been used to register databases automated databases consisting 2008), that proposal has not yet been consisting predominantly of implemented because most of the group predominantly of photographs can and photographic images since at least 1997. should be made, and to clarify in the registration options require specialized See, e.g., Registration No. VA 863–785 applications that have not yet been Office’s regulations that online (Corbis Digital Online Update Group, applications may be accepted for such integrated into the Office’s eCO system. from March 18–June 30, 1997) (effective The Copyright Office has long had in databases. date Nov. 6, 1997). While a published Similarly, some applicants have place provisions permitting database would be registerable under photographers to register groups or already submitted online applications the ‘‘single unit of publication’’ rule of for registration under the Office’s collections of photographs. Since the § 202.3(b)(4)(i)(A), the group database enactment of the Copyright Act of 1976, procedure for group registration of registration provisions permit the published photographs in recent the Copyright Office has permitted the making of a single registration that registration of groups of unpublished months. Although the Office had not covers up to three months’ worth of announced the availability of online photographs (or of any other updates and revisions to an automated unpublished works) as part of a single applications for group registration of database when all of the updates or photographs, the Visual Arts Division ‘‘collection’’ when certain requirements other revisions (1) are owned by the have been met. The most significant of has processed some online applications same copyright claimant, (2) have the when all the required information has those requirements are that the same general title, (3) are similar in their copyright claimant in each of the works, been included. In order to reconcile this general content, including their subject, practice with the Office’s regulations and in the collection as a whole, must and (4) are similar in their organization. be the same and that all the works must and to determine what ultimately will 37 CFR 202.3(b)(5). Using this be the specific requirements for online have at least one common author. See provision, stock photography agencies 37 CFR 202.3(b)(4)(i)(B). Similarly, for applications for group registration of have been able to obtain registrations published photographs, the Office is published works, registration as a single covering all the photographs added to also offering a pilot program to assess work has been permitted for ‘‘all their databases within a three-month online applications for group copyrightable elements that are period when they have obtained registration of photographs. otherwise recognizable as self-contained copyright assignments from the works, that are included in a single unit photographers. Issues with Respect to Registration of of publication, and in which the In the coming months, the Copyright Automated Databases Consisting copyright claimant is the same.’’ 37 CFR Office is likely to initiate a review of the Predominantly of Photographs 202.3(b)(4)(i)(A). circumstances and conditions under In 2001, after an extensive rulemaking which database registrations may be 1. Online Submission of Applications; proceeding, the Office adopted a group made and the extent to which, going Availability of the Appropriate Forms registration procedure for published forward, such registrations should for Print Applications photographs that complemented the continue to be deemed to cover not only Currently, the Office encourages the already existing unpublished collection the compilation authorship (i.e., the initial registration of an automated procedure. See Registration of Claims to authorship involved in the selection, database to be submitted electronically Copyright; Group Registration of coordination and arrangement of the through the Office’s eCO system.

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However, the Office generally has not Form VA, the paper form used for works 2. Deposit Requirements allowed group registrations, including of the visual arts. A significant respect in which the group registrations of automated Thus, to the extent that the existing provisions governing registration of databases, to be submitted through the regulation on group registration of automated databases differ from the eCO system because eCO is not yet set automated databases requires the use of other provisions for registration of up to take in the information required Form TX, it is inconsistent with existing photographs discussed above lies in the on the specialized application forms for practice in two respects: (1) Some relaxed deposit requirements for many of the Office’s group registration applications have been made online databases embodied in machine- options. With respect to group using eCO, rather than using a paper readable copies (other than in a CD– registration of automated databases, the ROM format). Section Office’s existing regulation provides that form, and (2) even when a paper form is used, a form other than Form TX may 202.20(c)(2)(vii)(D)(5) of the Copyright ‘‘[a]n application for group registration Office regulations provides that for of automated databases under section be used depending on the subject matter of the works included in the database. group database registrations (as well as 408(c)(1) of title 17 and this subsection single database applications), the shall consist of * * * [a] Form TX’’ In order to reconcile the regulatory application need not be accompanied by along with the filing fee and deposit. 37 text with current practice, the Office is a deposit of the entire work, but instead CFR 202.3(b)(5)(ii)(A). Form TX is a amending its regulations governing may be accompanied by identifying paper application group registration of automated material consisting of fifty Other information provided by the databases to clarify that, rather than representative pages or data records Copyright Office relating to group being required to use Form TX, an marked to show the new material added database registrations also appears to be applicant should use the form that best on one representative day, along with inconsistent with the acceptance of reflects the subject matter of the works some additional identifying online applications. Until very recently, included in the database.1 For example, information. As a result, the deposit Circular 65, Copyright Registration for when the works in a database consist accompanying a database registration Automated Databases, stated: ‘‘Group predominantly of photographs, the print application can consist of a fraction of registrations cannot be submitted application should be made by the copyrightable material that is through eCO or fill-in Form CO. Instead, submitting Form VA rather than Form covered by the registration. the Form TX must be completed and TX. Moreover, the Office is formally This is in stark contrast to the deposit mailed to the Copyright Office with the announcing its pilot program allowing requirements for registration of appropriate fee and deposit.’’ See applicants to file online applications for unpublished collections, for group Copyright Office, Circular 65, Copyright automated databases consisting registrations of published photographs, Registration for Automated Databases 3 predominantly of photographs. Before and for most other forms of copyright (2009) (currently undergoing revision). filing such an online application, registration. Section 202.3(b)(10)(x), See also Copyright Office Form Letter however, the applicant must first which governs the deposit for a group 110, Group Registration for Automated contact the Office’s Visual Arts Division registration of photographs, provides Databases (Revised: 27–Jun–2008), at 202–707–8202 to coordinate the filing that the deposit shall consist of ‘‘one available at http://www.copyright.gov/ and to obtain proper guidance copy of each photograph [to] be fls/fl110.html. submitted in one of the formats set forth Unlike most of the other group concerning the information to be in Sec. 202.20(c)(2)(xx).’’ See also registration options, group registration included in the application. Applicants § 202.20(c)(1)(i) (‘‘in the case of for automated databases does not will only be allowed to file online unpublished works, [the deposit shall require a special group form. As noted applications for automated databases consist of] one complete copy or above, traditionally such registrations consisting predominantly of phonorecord,’’ a provision that applies have been made using Form TX, the photographs after obtaining to registrations of unpublished paper form used for all published and authorization from the Visual Arts collections as well as individual unpublished nondramatic literary Division and following the Division’s works. The Copyright Office’s online instructions. In order to utilize the unpublished works). Section registration system, eCO, currently is online registration system’s capacity to 202.20(c)(2)(xx) provides for a number capable of handling applications for accept more information in an of options with respect to the formats in group registration of automated application covering a large number of which photographs may be submitted. The Copyright Office believes that databases. However questions remain works and thereby to create a clearer, when registration is made for a database about the capacity of the system to more comprehensive public record, and consisting predominantly of accommodate applications listing very in order to adapt to lessons learned as photographs and the copyright claim large numbers of authors or titles, and such applications are examined and large or complex electronic transfers of processed, the Visual Arts Division will extends to the individual photographs deposits may encounter issues related to permit participation in the pilot themselves, each of those photographs file size or transmission speed. program only by applicants who can should be included as part of the Moreover, although the provisions for utilize the online registration system deposit accompanying the application. group registration of automated consistent with those goals. For now, As the Office said when it announced databases traditionally have been used the online registration option for group its regulations on group registration of primarily for registrations of databases database registrations will be limited to published photographs: consisting either of literary works or of photographic databases. [T]he Office rejects the plea of at least one data, the Office has also, for over a commenter to permit the use of descriptive identifying material in lieu of the actual decade, accepted applications for group 1 With respect to paper forms, the existing images. Although the Office had previously registration of automated databases practice appears to have related only to Form VA, expressed a willingness to consider such a when the works collected in a database but in principle there is no reason why Form PA or Form SR should not be used to register a proposal, the most recent notice of proposed have consisted predominantly of database when the authorship consists rulemaking noted that ‘the Office is reluctant photographic authorship. Such predominantly of works of the performing arts or to implement a procedure that would permit applications have been made using sound recordings, respectively. the acceptance of deposits that do not

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meaningfully reveal the work for which application to determine whether to required. Additionally, the interim copyright protection is claimed.’ 65 FR at submit their deposits electronically, or regulations are consistent with the 26164. Deposit of the work being registered whether to submit the deposits by mail Office’s existing practices and relieve is one of the fundamental requirements of using one of the approved formats set applicants from procedural restrictions. copyright registration, and it serves an forth in 37 CFR 202(c)(2)(xx). important purpose. As the legislative history Pursuant to section 553(d) of the of the Copyright Act of 1976 recognizes, Issues with Respect to Group Administrative Procedure Act, these copies of registration deposits may be needed Registration of Published Photographs regulations may be effective for identification of the copyrighted work in immediately. Moreover, the Register connection with litigation or for other As with group database registrations, finds that because these regulations purposes. See H.R. Rep. No. 94–1476, at 171 up to now the Office has not formally provide additional options to applicants (1976). See also Seiler v. Lucasfilm, Inc., 808 announced that online registration is for registration of automated databases F.2d 1316, 1322 (9th Cir. 1986) (noting that available for group registration of and for group registration of published ‘possibilities for fraud would be limitless’ if published photographs. However, a photographs, good cause exists for reconstructions of claimant’s original work number of claimants have submitted could be submitted as registration deposits); making these interim rules effective applications for group registration of immediately and without notice and Tradescape.com v. Shiraram, 77 F.Supp.2d published photographs through eCO 408, 413–14 (S.D.N.Y. 1999) (noting that comment. As the pilot program for when deposit of redacted version of and the Visual Arts Division has in online registration of these groups computer program is permitted, the result in some cases processed those claims. proceeds, the Office will learn from its infringement litigation is uncertainty as to Because experience has shown that experience and develop proposals for whether allegedly infringed code actually is the requirements for group registration more comprehensive final regulations. the subject of an existing registration). The of published photographs can be ability of litigants to obtain a certified copy satisfied by means of online List of Subjects in 37 CFR Part 202 of a registered work that was deposited with applications, the Office has decided that Copyright. the Office prior to the existence of the it will undertake a pilot program to controversy that led to a lawsuit serves an assess the online application process for Interim Regulation important evidentiary purpose in these applications. This will enable the establishing the identify and content of the For the reasons set forth in the plaintiff’s work. Office to determine whether the eCO preamble, part 202 of Title 37 of the system can successfully handle different Code of Federal Regulations is amended Registration of Claims to Copyright, applications for group registration of to read as follows: Group Registration of Photographs, 66 published photographs. Therefore, FR 37142, 37147 (July 17, 2001). applicants wishing to obtain group PART 202—PREREGISTRATION AND Moreover, the actual practice with registrations for published photographs REGISTRATION OF CLAIMS TO respect to online registrations of will be allowed to apply for registration COPYRIGHT predominantly photographic databases online during the pilot program. As has in fact been to include all of the with group registrations of photographic ■ 1. The authority citation for part 202 photographs in the deposit. In order to databases, before filing such an online continues to read as follows: conform to actual practice and the application, the applicant must first Authority: 17 U.S.C. 408(f), 702. Office’s determination of what a contact the Office’s Visual Arts Division ■ 2. Amend § 202.3as follows: reasonable deposit requirement should at 202–707–8202 to coordinate the filing ■ a. By revising paragraph (b)(5)(ii)(A); include, the Office is amending its and to obtain guidance concerning the and regulations to provide that when an information to be included in the ■ b. By adding new paragraph online application is made for application. Applicants will only be (b)(10)(xi). registration of an automated database allowed to file such online applications The revisions and additions to § 202.3 consisting predominantly of after obtaining authorization from the read as follows: photographs, the deposit shall include Visual Arts Division and following the all of the photographs claimed to be part Division’s instructions. Additionally, § 202.3 Registration of copyright. of the registration. Identifying material applicants must confer with the Visual will not constitute a sufficient deposit. * * * * * Arts Division with respect to each (b) * * * As noted above, this conforms with application in order to determine what has in fact already been the (5) * * * whether their deposits may be (ii) * * * general practice with respect to online submitted electronically due to applications. The Office is separately (A) A form that best reflects the potential limitations on the size of subject matter of the material in the publishing a notice of proposed electronically submitted deposits. rulemaking that would impose a similar database as set forth in paragraph (b)(2) requirement with respect to paper Technical Correction of this section, completed in accordance applications for registration of The Office is also amending Section with the basic instructions on the form photographic databases. 202.20(c)(2)(xx) to correct three cross- and the Special Instructions for Group The requirement that all photographs references to other regulations. Registration of an Automated Database covered by a registration are to be and its Updates or Revisions, except included as part of the deposit is in Adoption of Interim Regulations that in the case of an application for addition to the existing deposit Section 553(b)(3)(A) of the group registration of an automated requirements for identifying material set Administrative Procedure Act states that database consisting predominantly of forth in section 202.20(c)(2)(vii)(D). general notice of proposed rulemaking photographs, after consultation and Because of issues regarding is not required for rules of agency with the permission and under the limitations on the size of deposits that organization, procedure, or practice. direction of the Visual Arts Division, the may be submitted online, applicants for Since the Office finds that the following application may be submitted group registrations of photographic interim regulations are rules of agency electronically. databases must confer with the Visual organization, procedure, or practice, no * * * * * Arts Division with respect to each notice of proposed rulemaking is (10) * * *

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(xi) Instead of using Form VA, an Dated: December 30, 2010. docket without change and may be applicant may submit an electronic Marybeth Peters, made available online at http:// application for group registration of Register of Copyrights. www.regulations.gov, including any published photographs after Approved by: personal information provided, unless consultation and with the permission James H. Billington, the comment includes information claimed to be Confidential Business and under the direction of the Visual The Librarian of Congress. Arts Division. Information (CBI) or other information [FR Doc. 2011–1332 Filed 1–21–11; 8:45 am] * * * * * whose disclosure is restricted by statute. BILLING CODE 1410–30–P Do not submit through http:// ■ 3. Amend § 202.20 as follows: www.regulations.gov or e-mail ■ a. By amending (c)(2)(vii)(D)(5) to add information that you consider to be CBI ENVIRONMENTAL PROTECTION ‘‘or in the case of electronically or otherwise protected. The http:// AGENCY submitted applications for automated www.regulations.gov Web site is an ‘‘anonymous access’’ system, which databases that predominantly consist of 40 CFR Parts 52 and 70 photographs, the claimant shall deposit means EPA will not know your identity identifying portions that comply with [EPA–R07–OAR–2010–0176; FRL–9248–6] or contact information unless you (D)(8) of this section; the claimant shall’’ provide it in the body of your comment. Approval and Promulgation of after ‘‘if unpublished,’’ and deleting ‘‘and If you send an e-mail comment directly Implementation Plan and Operating shall’’ before ‘‘also deposit’’; to EPA without going through http:// Permits Program; State of Missouri www.regulations.gov, your e-mail ■ b. By adding new paragraph address will be automatically captured (c)(2)(vii)(D)(8); AGENCY: Environmental Protection Agency (EPA). and included as part of the comment ■ c. By amending the introductory text that is placed in the public docket and ACTION: in paragraph (c)(2)(xx) to add ‘‘and for Direct final rule. made available on the Internet. If you automated databases that consist SUMMARY: EPA is taking direct final submit an electronic comment, EPA predominantly of photographs action to approve a revision to recommends that you include your registered with an application submitted Missouri’s State Implementation Plan name and other contact information in electronically under § 202.3(b)(5)(ii)(A)’’ (SIP) and Operating Permits Program. the body of your comment and with any after ‘‘(group registration of published EPA is approving the rescission of disk or CD–ROM you submit. If EPA photographs)’’, by removing initial compliance dates in the Missouri cannot read your comment due to ‘‘202.3(b)(3)(i)(B)’’ and adding SIP. These requirements were technical difficulties and cannot contact ‘‘202.3(b)(4)(i)(B)’’ in its place; and by established more than thirty years ago you for clarification, EPA may not be removing ‘‘202.3(b)(9)’’ and adding and are obsolete. EPA is also approving able to consider your comment. ‘‘202.3(b)(10)’’ in its place; and revisions to the Operating Permits Electronic files should avoid the use of ■ d. By amending paragraph Program to change the reporting special characters, any form of (c)(2)(xx)(F) to add ‘‘or database’’ after threshold for small sources and remove encryption, and be free of any defects or ‘‘included in the group’’ and to remove references to the requirement to viruses. ‘‘202.3(b)(9)’’ and add ‘‘202.3(b)(10)’’ in annually set the emission fee. Approval Docket: All documents in the docket its place. of these revisions will ensure are listed in the http:// www.regulations.gov index. Although The revisions and additions to consistency between the State and the Federally-approved rules. listed in the index, some information is § 202.20 read as follows: not publicly available, i.e., CBI or other DATES: This direct final rule will be information whose disclosure is § 202.20 Deposit of copies and effective March 25, 2011, without restricted by statute. Certain other phonorecords for copyright registration. further notice, unless EPA receives material, such as copyrighted material, adverse comment by February 23, 2011. * * * * * is not placed on the Internet and will be If adverse comment is received, EPA (c) * * * publicly available only in hard copy will publish a timely withdrawal of the form. Publicly available docket (2) * * * direct final rule in the Federal Register materials are available either (vii) * * * informing the public that the rule will electronically in http:// not take effect. (D) * * * www.regulations.gov or in hard copy at ADDRESSES: Submit your comments, (8) In the case of an application the Environmental Protection Agency, identified by Docket ID No. EPA–R07– submitted electronically for registration Air Planning and Development Branch, OAR–2010–0176, by one of the of a database that consists 901 North 5th Street, Kansas City, following methods: predominantly of photographs Kansas 66101. The Regional Office’s 1. http://www.regulations.gov. Follow official hours of business are Monday (including a group registration for the on-line instructions for submitting revised or updated versions of such a through Friday, 8 to 4:30 excluding comments. Federal holidays. The interested persons database), ‘‘identifying portions’’ shall 2. E-mail: wanting to examine these documents instead consist of all individual [email protected]. should make an appointment with the photographs included in the claim 3. Mail or Hand Delivery: Chrissy office at least 24 hours in advance. either in one of the formats set forth in Wolfersberger, Environmental paragraph (c)(2)(xx) of this section or in Protection Agency, Air Planning and FOR FURTHER INFORMATION CONTACT: an electronic format submitted along Development Branch, 901 North 5th Chrissy Wolfersberger at (913) 551– with the electronic application after Street, Kansas City, Kansas 66101. 7864, or by e-mail at consultation and with the permission Instructions: Direct your comments to [email protected]. and under the direction of the Visual Docket ID No. EPA–R07–OAR–2010– SUPPLEMENTARY INFORMATION: Arts Division. 0176. EPA’s policy is that all comments Throughout this document ‘‘we,’’ ‘‘us,’’ or * * * * * received will be included in the public ‘‘our’’ refer to EPA. This section provides

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additional information by addressing removing references to the requirement Technology Transfer and Advancement the following questions: to annually set the emission fee. Act of 1995 (15 U.S.C. 272 note) because What is being addressed in this document? Approval of these revisions will application of those requirements would ensure consistency between State and be inconsistent with the CAA; and What action is EPA taking? Federally-approved rules. EPA has • Does not provide EPA with the What is being addressed in this determined that these changes will not discretionary authority to address, as document? relax the SIP or adversely impact air appropriate, disproportionate human emissions. health or environmental effects, using EPA is approving revisions to the We are processing this action as a practicable and legally permissible Missouri SIP and Operating Permits direct final action because the revisions methods, under Executive Order 12898 Program. Revisions to the Missouri SIP make routine changes to the existing (59 FR 7629, February 16, 1994). rescind three rules related to the time rules which are noncontroversial and schedule for initial compliance for make regulatory revisions, required by In addition, this rule does not have sources existing at the time of State statute. Therefore, we do not Tribal implications as specified by promulgation of the original rules. The anticipate any adverse comments. Executive Order 13175 (65 FR 67249, purpose of these rules was to establish Please note that if EPA receives adverse November 9, 2000), because the SIP is compliance schedules for sources that comment on part of this rule and if that not approved to apply in Indian country were in operation more than 30 years part can be severed from the remainder located in the State, and EPA notes that ago. (For example, 10 CSR 10–5.250 of the rule, EPA may adopt as final it will not impose substantial direct required existing sources to comply those parts of the rule that are not the costs on Tribal governments or preempt with emissions limitation no later than subject of an adverse comment. Tribal law. January 31, 1973, if they emitted sulfur The Congressional Review Act, 5 Statutory and Executive Order Reviews dioxide from the use of fuel.) These U.S.C. 801 et seq., as added by the Small rules are identified in the approved SIP Under the CAA, the Administrator is Business Regulatory Enforcement as 10 CSR 10–2.150, 4.140, and 5.250, required to approve a SIP submission Fairness Act of 1996, generally provides applicable to the Kansas City, that complies with the provisions of the that before a rule may take effect, the Springfield, and St. Louis areas. These Act and applicable Federal regulations. agency promulgating the rule must rules are obsolete and no longer needed, 42 U.S.C. 7410(k); 40 CFR 52.02(a). submit a rule report, which includes a as compliance dates are contained in Thus, in reviewing SIP submissions, copy of the rule, to each House of the other State rules, or, if there is no date EPA’s role is to approve State choices, Congress and to the Comptroller General specified, is the effective date of the provided that they meet the criteria of of the United States. EPA will submit a rule. Removing them does not adversely the CAA. Accordingly, this action report containing this action and other affect the stringency of the SIP. EPA is merely approves State law as meeting required information to the U.S. Senate, approving Missouri’s request to remove Federal requirements and does not the U.S. House of Representatives, and the corresponding Federally-approved impose additional requirements beyond the Comptroller General of the United rules from the Missouri SIP. those imposed by State law. For that States prior to publication of the rule in EPA is also approving revisions to the reason, this action: the Federal Register. A major rule • ‘‘ Operating Permits Program (10 CSR 10– Is not a significant regulatory cannot take effect until 60 days after it ’’ 6.110). One revision changes the action subject to review by the Office is published in the Federal Register. reporting threshold for small sources, so of Management and Budget under This action is not a ‘‘major rule’’ as that small sources are allowed to fill out Executive Order 12866 (58 FR 51735, defined by 5 U.S.C. 804(2). a short emissions form instead of a long October 4, 1993); • Does not impose an information Under section 307(b)(1) of the CAA, form if they increase or decrease collection burden under the provisions petitions for judicial review of this emissions under a certain threshold. of the Paperwork Reduction Act (44 action must be filed in the United States The threshold would change from an U.S.C. 3501 et seq.); Court of Appeals for the appropriate increase of 20 percent of emissions from • Is certified as not having a circuit by March 25, 2011. Filing a the prior year to 5 tons from the prior significant economic impact on a petition for reconsideration by the year. Sources with small baseline substantial number of small entities Administrator of this final rule does not emissions might have substantial under the Regulatory Flexibility Act affect the finality of this action for the percentage increases, but very small (5 U.S.C. 601 et seq.); purposes of judicial review nor does it tonnage increases. This revision allows • Does not contain any unfunded extend the time within which a petition small sources to continue to report mandate or significantly or uniquely for judicial review may be filed, and emissions using a shorter form. The affect small governments, as described shall not postpone the effectiveness of second revision removes references to in the Unfunded Mandates Reform Act such rule or action. Parties with the requirement to annually set the of 1995 (Pub. L. 104–4); objections to this direct final rule are emission fee, because the Missouri • Does not have Federalism encouraged to file a comment in statute does not require an annual fee implications as specified in Executive response to the parallel notice of adjustment unless determined necessary Order 13132 (64 FR 43255, August 10, proposed rulemaking for this action by the Air Conservation Commission. 1999); published in the proposed rules section • What action is EPA taking? Is not an economically significant of today’s Federal Register, rather than regulatory action based on health or file an immediate petition for judicial EPA is approving the request to safety risks subject to Executive Order review of this direct final rule, so that amend the Missouri SIP by removing 13045 (62 FR 19885, April 23, 1997); EPA can withdraw this direct final rule three rules related to the time schedule • Is not a significant regulatory action and address the comment in the for compliance and approving the subject to Executive Order 13211 (66 FR proposed rulemaking. This action may request to amend the operating permits 28355, May 22, 2001); not be challenged later in proceedings to program by changing the reporting • Is not subject to requirements of enforce its requirements. (See section threshold for small sources and Section 12(d) of the National 307(b)(2).)

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List of Subjects Intergovernmental relations, Operating Authority: 42 U.S.C. 7401 et seq. permits, Reporting and recordkeeping 40 CFR Part 52 requirements. Subpart AA—Missouri Environmental protection, Air Dated: December 27, 2010. pollution control, Carbon monoxide, ■ 2. In § 52.1320(c) the table is amended Incorporation by reference, Karl Brooks, by revising the entries under Chapter 2 Intergovernmental relations, Nitrogen Regional Administrator, Region 7. for ‘‘10–2.150,’’ under Chapter 4 for dioxide, Ozone, Particulate matter, Chapter I, Title 40 of the Code of ‘‘10–4.140,’’ and under Chapter 5 for Reporting and recordkeeping Federal Regulations is amended as ‘‘10–5.250’’. The amended table reads as requirements, Volatile organic follows: compounds. follows: PART 52—[AMENDED] 40 CFR Part 70 § 52.1320 Identification of plan. Administrative practice and ■ 1. The authority citation for Part 52 * * * * * procedure, Air pollution control, continues to read as follows: (c) * * *

EPA-APPROVED MISSOURI REGULATIONS

Missouri State effective citation Title date EPA approval date Explanation

Missouri Department of Natural Resources

*******

Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area

*******

10–2.150 ...... Time Schedule for Compliance ..... 12/30/2008 1/24/11 [insert FR page number The State has rescinded this rule. where the document begins].

*******

Chapter 4—Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area

*******

10–4.140 ...... Time Schedule for Compliance ..... 12/30/2008 1/24/11 [insert FR page number The State has rescinded this rule. where the document begins].

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area

10–5.250 ...... Time Schedule for Compliance ..... 12/30/2008 1/24/11 [insert FR page number The State has rescinded this rule. where the document begins].

*******

* * * * * Appendix A to Part 70—Approval FEDERAL COMMUNICATIONS Status of State and Local Operating COMMISSION PART 70—[AMENDED] Permits Programs 47 CFR Part 73 * * * * * ■ 3. The authority citation for part 70 Missouri continues to read as follows: [DA 10–2443; MM Docket No. 99–238; RM– * * * * * 9669] Authority: 42 U.S.C. 7401 et seq. (y) The Missouri Department of Natural Appendix A—[Amended] Resources submitted revisions to Missouri Television Broadcasting Services; rule 10 CSR 10–6.110, ‘‘Submission of North Pole and Plattsburgh, NY ■ Emission Data, Emission Fees, and Process 4. Appendix A to part 70 is amended AGENCY: Federal Communications by adding paragraph (y) under Missouri Information’’ on December 30, 2008; approval of section (3)(D) effective March 25, 2011. Commission. to read as follows: * * * * * ACTION: Final rule. [FR Doc. 2011–229 Filed 1–21–11; 8:45 am] SUMMARY: The Commission grants a BILLING CODE 6560–50–P petition for rulemaking filed by Hearst-

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Argyle Stations, Inc. (‘‘Hearst-Argyle’’), Commission amends 47 CFR Part 73 as day comment period expired February the licensee of station WPTZ(DT), follows: 2, 2009. Six comments were received channel 14, North Pole, New York, from two respondents. proposing to reallot channel 14 from PART 73—RADIO BROADCAST Comment: IT Security should be North Pole to Plattsburgh, New York, SERVICES addressed through government-wide and to modify station WPTZ(DT)’s policies, standards, and requirements. ■ authorization to specify Plattsburgh as 1. The authority citation for part 73 NASA response: NASA has requested its community of license. continues to read as follows: that the Defense Acquisition Regulation Authority: 47 U.S.C. 154, 303, 334, 336. (DAR) Council consider a government- DATES: This rule is effective February wide IT Security clause. However, due 23, 2011. § 73.622 [Amended] to the critical importance of protecting FOR FURTHER INFORMATION CONTACT: ■ 2. Section 73.622(i), the Post- the Agency’s Information Technology Joyce L. Bernstein, Transition Table of DTV Allotments (IT) resources, the Agency will continue [email protected], Media Bureau, under New York, is amended by: to pursue this case. When and if the (202) 418–1600. ■ a. Removing channel 14 from North Federal Acquisition Regulation (FAR) is SUPPLEMENTARY INFORMATION: This is a Pole, and by removing North Pole. amended to include similar coverage, synopsis of the Commission’s Report ■ b. Removing Plattsburg and adding in the Agency will modify or eliminate any and Order, MM Docket No. 99–238, its place Plattsburgh; and redundant coverage. adopted January 4, 2011, and released ■ c. Adding channel 14 to Plattsburgh. Comment: The proposed requirement January 5, 2011. The full text of this Federal Communications Commission. to maintain a listing of NASA Electronic Information and IT resources is too document is available for public Barbara A. Kreisman, inspection and copying during normal broad. Chief, Video Division, Media Bureau. business hours in the FCC’s Reference NASA response: Although Information Center at Portals II, CY– [FR Doc. 2011–1376 Filed 1–21–11; 8:45 am] maintaining an inventory of electronic A257, 445 12th Street, SW., BILLING CODE 6712–01–P messages and other documents may Washington, DC 20554. This document appear burdensome, this information will also be available via ECFS (http:// can be critical to the maintenance of our www.fcc.gov/cgb/ecfs/). (Documents NATIONAL AERONAUTICS AND information systems and in meeting our will be available electronically in ASCII, SPACE ADMINISTRATION institutional and mission objectives. At Word 97, and/or Adobe Acrobat.) This the completion of the contract, the 48 CFR Parts 1804 and 1852 document may be purchased from the Contracting Officer will be supported by Commission’s duplicating contractor, RIN 2700–AD46 the cognizant subject matter experts in Best Copy and Printing, Inc., 445 12th properly assessing the information and Street, SW., Room CY–B402, Information Technology (IT) Security determining disposition instructions. Washington, DC 20554, telephone Comment: The proposed requirement AGENCY: National Aeronautics and to represent that all NASA Electronic 1–800–478–3160 or via e-mail http:// Space Administration. www.BCPIWEB.com. To request this Information has been purged from the document in accessible formats ACTION: Final rule. contractor’s IT systems is unworkable. (computer diskettes, large print, audio NASA response: The clause has been SUMMARY: NASA is revising the NASA revised and purging requirements have recording, and Braille), send an e-mail FAR Supplement (NFS) to update to [email protected] or call the been deleted. requirements related to Information Comment: NASA should clarify the IT Commission’s Consumer and Technology Security, consistent with Security Management Plan Governmental Affairs Bureau at (202) Federal policies for the security of Requirement. 418–0530 (voice), (202) 418–0432 unclassified information and NASA response: This requirement has (TTY). This document does not contain information systems. The rule imposes been clarified at 1852.204–76. The IT information collection requirements no new requirements. Its purpose is to Security Management Plan addresses subject to the Paperwork Reduction Act more clearly define applicability, how the contractor will manage of 1995, Public Law 104–13. In addition, update procedural processes, eliminate personnel and processes associated with therefore, it does not contain any the requirement for contractor personnel IT Security on the instant contract. ‘‘ information collection burden for small to meet the NASA System Security Comment: The Access Provision in business concerns with fewer than 25 Certification Program, and provide a NFS 1852.204–76 is duplicative of FAR ’’ employees, pursuant to the Small Web site link within a contract clause to 52.215–2 and should be deleted. Business Paperwork Relief Act of 2002, a library where contractors can find all NASA response: FAR 52.215–2 deals Public Law 107–198, see 44 U.S.C. underlying regulations and referenced primarily with access to the Contractor’s 3506(c)(4). Provisions of the Regulatory documents. cost and pricing data and other Flexibility Act of 1980 do not apply to DATES: Effective Date: January 24, 2011. supporting records. The proposed this proceeding. provisions of 1852.204–76(f) concern FOR FURTHER INFORMATION CONTACT: The Commission will send a copy of access to contractor facilities, this Report and Order in a report to be Leigh Pomponio, NASA, Office of installations, operations, etc. in order to sent to Congress and the Government Procurement, Contract Management conduct IT inspection, investigation, Accountability Office pursuant to the Division; (202) 358–0592; e-mail: and audit to safeguard against threats Congressional review Act, see 5 U.S.C. [email protected]. and hazards to NASA Electronic 801(a)(1)(A). SUPPLEMENTARY INFORMATION: Information. Comment: The Applicable Documents List of Subjects in 47 CFR Part 73 A. Background List (ADL) should contain all relevant Television, Television broadcasting. NASA published a proposed rule in security documents. For the reasons discussed in the the Federal Register (73 FR 73201– NASA response: The ADL attached to preamble, the Federal Communications 73202) on December 2, 2008. The sixty the contract will provide a specific

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listing of all documents applicable to manufacturing, IT outsourcing, human PART 1852—SOLICITATION the contract. The ADL will point to resources, and finance) that support PROVISIONS AND CONTRACT NASA’s Chief Information Officer (CIO) NASA in meeting its institutional and CLAUSES Web site at http://www.nasa.gov/offices/ mission objectives. These requirements ocio/itsecurity/index.html and are applicable when a contractor or ■ 4. Section 1852.204–76 is revised to specifically to the section containing subcontractor must obtain physical or read as follows: full text versions of all applicable electronic access beyond that granted 1852.204–76 Security requirements for documents. The Web site will also the general public to NASA’s computer unclassified information technology maintain archive access to previous systems, networks, or IT infrastructure. resources. versions of applicable documents to These requirements are applicable when As prescribed in 1804.470–4(a), insert support any contract administration NASA information is generated, stored, the following clause: issues that may arise during processed, or exchanged with NASA or performance of the contract. SECURITY REQUIREMENTS FOR on behalf of NASA by a contractor or This is not a significant regulatory UNCLASSIFIED INFORMATION subcontractor, regardless of whether the action and, therefore, is not subject to TECHNOLOGY RESOURCES (MONTH review under Section 6(b) of Executive information resides on a NASA or a YEAR) Order 12866, Regulatory Planning and contractor/subcontractor’s information Review, dated September 30, 1993. This system. (a) The contractor shall protect the proposed rule is not a major rule under (b) The Applicable Documents List confidentiality, integrity, and availability of 5 U.S.C. 804. (ADL) should consist of all NASA NASA Electronic Information and IT resources and protect NASA Electronic B. Regulatory Flexibility Act Agency-level IT Security and Center IT Information from unauthorized disclosure. Security Policies applicable to the (b) This clause is applicable to all NASA This final rule is not expected to have contract. Documents listed in the ADL contractors and sub-contractors that process, a significant economic impact on a as well as applicable Federal IT Security manage, access, or store unclassified substantial number of small entities Policies are available at the NASA IT electronic information, to include Sensitive within the meaning of the Regulatory Security Policy Web site at: http:// But Unclassified (SBU) information, for NASA in support of NASA’s missions, Flexibility Act, 5 U.S.C. 601 et seq. www.nasa.gov/offices/ocio/itsecurity/ because it does not impose any new programs, projects and/or institutional index.html. requirements. The rule may result in requirements. Applicable requirements, some time savings, thereby reducing the ■ 3. Section 1804.470–4 is revised to regulations, policies, and guidelines are economic impact to small entities identified in the Applicable Documents List read as follows: (ADL) provided as an attachment to the because all contract IT requirements are 1804.470–4 Contract clause. contract. The documents listed in the ADL being centralized at one easy-to-locate can be found at: http://www.nasa.gov/offices/ site. (a) Insert the clause at 1852.204–76, ocio/itsecurity/index.html. For policy C. Paperwork Reduction Act Security Requirements for Unclassified information considered sensitive, the Information Technology Resources, in documents will be identified as such in the The Paperwork Reduction Act (Pub. ADL and made available through the all solicitations and awards when L. 104–13) is not applicable because the Contracting Officer. contract performance requires NFS changes do not impose information (c) Definitions. contractors to— collection requirements that require the (1) IT resources means any hardware or approval of the Office of Management (1) Have physical or electronic access software or interconnected system or to NASA’s computer systems, networks, subsystem of equipment, that is used to and Budget under 44 U.S.C. 3501, et process, manage, access, or store electronic seq. or IT infrastructure; or information. List of Subjects in 48 CFR Parts 1804 (2) Use information systems to (2) NASA Electronic Information is any and 1852 generate, store, process, or exchange data (as defined in the Rights in Data clause data with NASA or on behalf of NASA, of this contract) or information (including Government procurement. information incidental to contract regardless of whether the data resides administration, such as financial, William P. McNally, on a NASA or a contractor’s information administrative, cost or pricing, or Assistant Administrator for Procurement. system. management information) that is processed, Accordingly, 48 CFR parts 1804 and (b) Parts of the clause and referenced managed, accessed or stored on an IT 1852 are amended as follows: ADL may be waived by the contracting system(s) in the performance of a NASA contract. ■ 1. The authority citation for 48 CFR officer if the contractor’s ongoing IT (3) IT Security Management Plan—This parts 1804 and 1852 continues to read security program meets or exceeds the plan shall describe the processes and as follows: requirements of NASA Procedural procedures that will be followed to ensure appropriate security of IT resources that are Authority: 42 U.S.C. 2455(a), 2473(c)(1) Requirements (NPR) 2810.1 in effect at time of award. The current version of developed, processed, or used under this PART 1804—ADMINISTRATIVE NPR 2810.1 is referenced in the ADL. contract. Unlike the IT security plan, which addresses the IT system, the IT Security MATTERS The contractor shall submit a written Management Plan addresses how the waiver request to the Contracting Officer ■ 2. Section 1804.470–3 is revised to contractor will manage personnel and within 30 days of award. The waiver read as follows: processes associated with IT Security on the request will be reviewed by the Center instant contract. 1804.470–3 IT security requirements. IT Security Manager. If approved, the (4) IT Security Plan—this is a FISMA Contractor Officer will notify the requirement; see the ADL for applicable (a) These IT security requirements requirements. The IT Security Plan is specific cover all NASA awards in which IT contractor, by contract modification, to the IT System and not the contract. Within plays a role in the provisioning of which parts of the clause or provisions 30 days after award, the contractor shall services or products (e.g., research and of the ADL are waived. develop and deliver an IT Security development, engineering, Management Plan to the Contracting Officer;

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the approval authority will be included in DEPARTMENT OF COMMERCE and inseason adjustment (76 FR 467, the ADL. All contractor personnel requiring January 5, 2011). physical or logical access to NASA IT National Oceanic and Atmospheric In accordance with § 679.20(d)(1)(iii), resources must complete NASA’s annual IT Administration the Administrator, Alaska Region, Security Awareness training. Refer to the IT NMFS, has determined that the A Training policy located in the IT Security 50 CFR Part 679 season allowance of the 2011 Pacific Web site at https://itsecurity.nasa.gov/ [Docket No. 0910131363–0087–02] cod TAC allocated as a directed fishing policies/index.html. allowance to pot catcher vessels greater (d) The contractor shall afford Government RIN 0648–XA167 than or equal to 60 feet (18.3 m) LOA access to the Contractor’s and subcontractors’ in the BSAI has been reached. facilities, installations, operations, Fisheries of the Exclusive Economic Consequently, NMFS is prohibiting Zone Off Alaska; Pacific Cod by documentation, databases, and personnel directed fishing for Pacific cod by pot Catcher Vessels Greater Than or Equal used in performance of the contract. Access catcher vessels greater than or equal to to 60 Feet (18.3 Meters) Length Overall shall be provided to the extent required to 60 feet (18.3 m) LOA in the BSAI. carry out a program of IT inspection (to Using Pot Gear in the Bering Sea and Aleutian Islands Management Area After the effective date of this closure include vulnerability testing), investigation the maximum retainable amounts at and audit to safeguard against threats and AGENCY: National Marine Fisheries § 679.20(e) and (f) apply at any time hazards to the integrity, availability, and Service (NMFS), National Oceanic and during a trip. confidentiality of NASA Electronic Atmospheric Administration (NOAA), Classification Information or to the function of IT systems Commerce. operated on behalf of NASA, and to preserve ACTION: This action responds to the best evidence of computer crime. Temporary rule; closure. available information recently obtained (e) At the completion of the contract, the SUMMARY: NMFS is prohibiting directed from the fishery. The Assistant contractor shall return all NASA information fishing for Pacific cod by pot catcher Administrator for Fisheries, NOAA and IT resources provided to the contractor vessels greater than or equal to 60 feet (AA), finds good cause to waive the during the performance of the contract in (18.3 meters (m)) length overall (LOA) requirement to provide prior notice and accordance with retention documentation in the Bering Sea and Aleutian Islands opportunity for public comment available in the ADL. The contractor shall management area (BSAI). This action is pursuant to the authority set forth at 5 provide a listing of all NASA Electronic necessary to prevent exceeding the A U.S.C. 553(b)(B) as such requirement is information and IT resources generated in season allowance of the 2011 Pacific impracticable and contrary to the public performance of the contract. At that time, the cod total allowable catch (TAC) interest. This requirement is contractor shall request disposition specified for pot catcher vessels greater impracticable and contrary to the public instructions from the Contracting Officer. than or equal to 60 feet (18.3 m) LOA interest as it would prevent NMFS from The Contracting Officer will provide in the BSAI. responding to the most recent fisheries disposition instructions within 30 calendar DATES: Effective 1200 hrs, Alaska local data in a timely fashion and would days of the contractor’s request. Parts of the time (A.l.t.), January 21, 2011, through delay the closure of Pacific cod by pot clause and referenced ADL may be waived by 1200 hrs, A.l.t., September 1, 2011. catcher vessels greater than or equal to the contracting officer, if the contractor’s 60 feet (18.3 m) LOA in the BSAI. NMFS ongoing IT security program meets or FOR FURTHER INFORMATION CONTACT: Josh was unable to publish a notice exceeds the requirements of NASA Keaton, 907–586–7228. providing time for public comment Procedural Requirements (NPR) 2810.1 in SUPPLEMENTARY INFORMATION: NMFS because the most recent, relevant data effect at time of award. The current version manages the groundfish fishery in the only became available as of January 18, of NPR 2810.1 is referenced in the ADL. The BSAI exclusive economic zone 2011. contractor shall submit a written waiver according to the Fishery Management request to the Contracting Officer within 30 Plan for Groundfish of the Bering Sea The AA also finds good cause to days of award. The waiver request will be and Aleutian Islands Management Area waive the 30-day delay in the effective reviewed by the Center IT Security Manager. (FMP) prepared by the North Pacific date of this action under 5 U.S.C. If approved, the Contractor Officer will notify Fishery Management Council under 553(d)(3). This finding is based upon the contractor, by contract modification, authority of the Magnuson-Stevens the reasons provided above for waiver of which parts of the clause or provisions of the Fishery Conservation and Management prior notice and opportunity for public ADL are waived. Act. Regulations governing fishing by comment. (f) The contractor shall insert this clause, U.S. vessels in accordance with the FMP This action is required by § 679.20 including this paragraph in all subcontracts appear at subpart H of 50 CFR part 600 and is exempt from review under that process, manage, access or store NASA and 50 CFR part 679. Executive Order 12866. Electronic Information in support of the The A season allowance of the 2011 Authority: 16 U.S.C. 1801 et seq. mission of the Agency. Pacific cod TAC allocated as a directed fishing allowance to pot catcher vessels Dated: January 19, 2011. (End of clause) greater than or equal to 60 feet (18.3 m) James P. Burgess, [FR Doc. 2010–32740 Filed 1–21–11; 8:45 am] LOA in the BSAI is 8,685 metric tons as Acting Director, Office of Sustainable BILLING CODE 7510–01–P established by the final 2010 and 2011 Fisheries, National Marine Fisheries Service. harvest specifications for groundfish in [FR Doc. 2011–1362 Filed 1–21–11; 8:45 am] the BSAI (75 FR 11778, March 12, 2010) BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE directed fishing for pollock in Statistical SUMMARY: NMFS is prohibiting directed Area 610 of the GOA. fishing for pollock in Statistical Area National Oceanic and Atmospheric After the effective date of this closure 630 in the Gulf of Alaska (GOA). This Administration the maximum retainable amounts at action is necessary to prevent exceeding § 679.20(e) and (f) apply at any time the A season allowance of the 2011 total 50 CFR Part 679 during a trip. allowable catch (TAC) of pollock for Statistical Area 630 in the GOA. [Docket No. 0910131362–0087–02] Classification DATES: Effective 1200 hrs, Alaska local RIN 0648–XA168 This action responds to the best time (A.l.t.), January 21, 2011, through available information recently obtained 1200 hrs, A.l.t., March 10, 2011. from the fishery. The Assistant Fisheries of the Exclusive Economic FOR FURTHER INFORMATION CONTACT: Josh Administrator for Fisheries, NOAA Zone Off Alaska; Pollock in Statistical Keaton, 907–586–7228. Area 610 in the Gulf of Alaska (AA), finds good cause to waive the requirement to provide prior notice and SUPPLEMENTARY INFORMATION: NMFS AGENCY: National Marine Fisheries opportunity for public comment manages the groundfish fishery in the Service (NMFS), National Oceanic and pursuant to the authority set forth at 5 GOA exclusive economic zone Atmospheric Administration (NOAA), U.S.C. 553(b)(B) as such requirement is according to the Fishery Management Commerce. impracticable and contrary to the public Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North ACTION: Temporary rule; closure. interest. This requirement is impracticable and contrary to the public Pacific Fishery Management Council SUMMARY: NMFS is prohibiting directed interest as it would prevent NMFS from under authority of the Magnuson- fishing for pollock in Statistical Area responding to the most recent fisheries Stevens Fishery Conservation and 610 in the Gulf of Alaska (GOA). This data in a timely fashion and would Management Act. Regulations governing action is necessary to prevent exceeding delay the closure of pollock in fishing by U.S. vessels in accordance the A season allowance of the 2011 total Statistical Area 610 of the GOA. NMFS with the FMP appear at subpart H of 50 allowable catch (TAC) of pollock for was unable to publish a notice CFR part 600 and 50 CFR part 679. Statistical Area 610 in the GOA. providing time for public comment The A season allowance of the 2011 DATES: Effective 1200 hrs, Alaska local because the most recent, relevant data TAC of pollock in Statistical Area 630 time (A.l.t.), January 23, 2011, through only became available as of January 18, of the GOA is 4,475 metric tons (mt) as 1200 hrs, A.l.t., March 10, 2011. 2011. established by the final 2010 and 2011 harvest specifications for groundfish of FOR FURTHER INFORMATION CONTACT: The AA also finds good cause to Josh the GOA (75 FR 11749, March 12, 2010) Keaton, 907–586–7228. waive the 30-day delay in the effective date of this action under 5 U.S.C. and inseason adjustment (76 FR 469, SUPPLEMENTARY INFORMATION: NMFS 553(d)(3). This finding is based upon January 5, 2011). manages the groundfish fishery in the In accordance with § 679.20(d)(1)(i), GOA exclusive economic zone the reasons provided above for waiver of prior notice and opportunity for public the Regional Administrator has according to the Fishery Management determined that the A season allowance Plan for Groundfish of the Gulf of comment. This action is required by § 679.20 of the 2011 TAC of pollock in Statistical Alaska (FMP) prepared by the North and is exempt from review under Area 630 of the GOA will soon be Pacific Fishery Management Council Executive Order 12866. reached. Therefore, the Regional under authority of the Magnuson- Administrator is establishing a directed Stevens Fishery Conservation and Authority: 16 U.S.C. 1801 et seq. fishing allowance of 4,175 mt, and is Management Act. Regulations governing Dated: January 19, 2011. setting aside the remaining 300 mt as fishing by U.S. vessels in accordance James P. Burgess, bycatch to support other anticipated with the FMP appear at subpart H of 50 Acting Director, Office of Sustainable groundfish fisheries. In accordance with CFR part 600 and 50 CFR part 679. Fisheries, National Marine Fisheries Service. § 679.20(d)(1)(iii), the Regional The A season allowance of the 2011 [FR Doc. 2011–1369 Filed 1–21–11; 8:45 am] Administrator finds that this directed TAC of pollock in Statistical Area 610 BILLING CODE 3510–22–P fishing allowance has been reached. of the GOA is 4,786 metric tons (mt) as Consequently, NMFS is prohibiting established by the final 2010 and 2011 directed fishing for pollock in Statistical harvest specifications for groundfish of DEPARTMENT OF COMMERCE Area 630 of the GOA. the GOA (75 FR 11749, March 12, 2010) After the effective date of this closure and inseason adjustment (76 FR 469, National Oceanic and Atmospheric the maximum retainable amounts at January 5, 2011). Administration § 679.20(e) and (f) apply at any time In accordance with § 679.20(d)(1)(i), during a trip. the Regional Administrator has 50 CFR Part 679 determined that the A season allowance Classification [Docket No. 0910131362–0087–02] of the 2011 TAC of pollock in Statistical This action responds to the best Area 610 of the GOA will soon be RIN 0648–XA169 available information recently obtained reached. Therefore, the Regional from the fishery. The Assistant Administrator is establishing a directed Fisheries of the Exclusive Economic Administrator for Fisheries, NOAA fishing allowance of 4,686 mt, and is Zone Off Alaska; Pollock in Statistical (AA), finds good cause to waive the setting aside the remaining 100 mt as Area 630 in the Gulf of Alaska requirement to provide prior notice and bycatch to support other anticipated AGENCY: National Marine Fisheries opportunity for public comment groundfish fisheries. In accordance with Service (NMFS), National Oceanic and pursuant to the authority set forth at 5 § 679.20(d)(1)(iii), the Regional Atmospheric Administration (NOAA), U.S.C. 553(b)(B) as such requirement is Administrator finds that this directed Commerce. impracticable and contrary to the public fishing allowance has been reached. interest. This requirement is ACTION: Temporary rule; closure. Consequently, NMFS is prohibiting impracticable and contrary to the public

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interest as it would prevent NMFS from The AA also finds good cause to Authority: 16 U.S.C. 1801 et seq. responding to the most recent fisheries waive the 30-day delay in the effective Dated: January 19, 2011. data in a timely fashion and would date of this action under 5 U.S.C. James P. Burgess, delay the closure of pollock in 553(d)(3). This finding is based upon Statistical Area 630 of the GOA. NMFS the reasons provided above for waiver of Acting Director, Office of Sustainable was unable to publish a notice prior notice and opportunity for public Fisheries, National Marine Fisheries Service. providing time for public comment comment. [FR Doc. 2011–1361 Filed 1–21–11; 8:45 am] because the most recent, relevant data This action is required by § 679.20 BILLING CODE 3510–22–P only became available as of January 18, and is exempt from review under 2011. Executive Order 12866.

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Proposed Rules Federal Register Vol. 76, No. 15

Monday, January 24, 2011

This section of the FEDERAL REGISTER SIP and Operating Permits Program Plan for the Reef Fish Resources of the contains notices to the public of the proposed revision as a direct final rule without Gulf of Mexico (FMP) prepared by the issuance of rules and regulations. The prior proposal because the Agency Gulf of Mexico Fishery Management purpose of these notices is to give interested views this as a noncontroversial Council (Council). This proposed rule persons an opportunity to participate in the revision amendment and anticipates no would establish a June through July rule making prior to the adoption of the final rules. relevant adverse comments to this seasonal closure of the recreational action. A detailed rationale for the sector for greater amberjack in or from approval is set forth in the direct final the Gulf of Mexico (Gulf) exclusive ENVIRONMENTAL PROTECTION rule. If no relevant adverse comments economic zone (EEZ). The intended AGENCY are received in response to this action, effect of the proposed rule is to maintain no further activity is contemplated in the rebuilding plan targets for the 40 CFR Parts 52 and 70 relation to this action. If EPA receives overfished greater amberjack resource, [EPA–R07–OAR–2010–0176; FRL–9248–5] relevant adverse comments, the direct reduce the likelihood of exceeding the final rule will be withdrawn and all recreational quota for greater amberjack, Approval and Promulgation of public comments received will be minimize in-season quota closures for Implementation Plans and Operating addressed in a subsequent final rule greater amberjack during peak Permits Program; State of Missouri based on this proposed action. EPA will recreational fishing months, and not institute a second comment period increase social and economic benefits AGENCY: Environmental Protection on this action. Any parties interested in for Gulf recreational fishers by Agency (EPA). commenting on this action should do so maximizing the number of fishing days ACTION: Proposed rule. at this time. Please note that if EPA available to the recreation sector. This receives adverse comment on part of rule also proposes revisions to the SUMMARY: EPA is proposing to approve a revision to Missouri’s State this rule and if that part can be severed codified text to clarify the definition of Implementation Plan (SIP) and from the remainder of the rule, EPA may a venting device used to deflate the Operating Permits Program. EPA is adopt as final those parts of the rule that abdominal cavity of a Gulf reef fish. proposing to approve the rescission of are not the subject of an adverse DATES: Written comments must be initial compliance dates in the Missouri comment. For additional information, received on or before February 23, 2011. SIP. These requirements were see the direct final rule which is located ADDRESSES: You may submit comments established more than thirty years ago in the rules section of this Federal on the proposed rule identified by and are obsolete. EPA is also proposing Register. 0648–BA48 by any of the following to approve revisions to the Operating Dated: December 27, 2010. methods: • Permits Program to change the reporting Karl Brooks, Electronic submissions: Submit threshold for small sources and remove Regional Administrator, Region 7. electronic comments via the Federal e-Rulemaking Portal: http:// references to the requirement to [FR Doc. 2011–239 Filed 1–21–11; 8:45 am] www.regulations.gov. Follow the annually set the emission fee. Approval BILLING CODE 6560–50–P of these revisions will ensure instructions for submitting comments. consistency between the State and the • Mail: Rich Malinowski, Southeast Federally-approved rules. Regional Office, NMFS, 263 13th DEPARTMENT OF COMMERCE DATES: Comments on this proposed Avenue South, St. Petersburg, FL 33701. Instructions: No comments will be action must be received in writing by National Oceanic and Atmospheric February 23, 2011. posted for public viewing until after the Administration comment period has closed. All ADDRESSES: Submit your comments, comments received are a part of the identified by Docket ID No. EPA–R07– 50 CFR Part 622 public record and will generally be OAR–2010–0176, by mail to Chrissy posted to http://www.regulations.gov Wolfersberger, Environmental [Docket No. 110103005–1005–01] without change. All Personal Identifying Protection Agency, Air Planning and RIN 0648–BA48 Information (for example, name, Development Branch, 901 North 5th address, etc.) voluntarily submitted by Street, Kansas City, Kansas 66101. Fisheries of the Caribbean, Gulf of the commenter may be publicly Comments may also be submitted Mexico, and South Atlantic; Reef Fish accessible. Do not submit Confidential electronically or through hand delivery/ Fishery of the Gulf of Mexico; Greater Business Information or otherwise courier by following the detailed Amberjack Management Measures sensitive or protected information. instructions in the ADDRESSES section of AGENCY: National Marine Fisheries To submit comments through the the direct final rule located in the rules Service (NMFS), National Oceanic and Federal e-rulemaking portal: http:// section of this Federal Register. Atmospheric Administration (NOAA), www.regulations.gov, enter ‘‘NOAA– FOR FURTHER INFORMATION CONTACT: Commerce. NMFS–2010–0281’’ in the keyword Chrissy Wolfersberger at (913) 551–7864 ACTION: search, then check the box labeled or by e-mail at Proposed rule; request for comments. ‘‘Select to find documents accepting [email protected]. comments or submissions’’, then select SUPPLEMENTARY INFORMATION: In the SUMMARY: NMFS issues this proposed ‘‘Send a comment or submission’’. final rules section of the Federal rule that would implement a regulatory NMFS will accept anonymous Register, EPA is approving the State’s amendment to the Fishery Management comments (enter N/A in the required

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field if you wish to remain anonymous). kg) under the quota. In 2008, the recreational sector demonstrated it has You may submit attachments to commercial sector harvested an the capacity to exceed the recreational electronic comments in Microsoft Word, estimated 412,516 lb (187,114 kg) round quota, thus requiring an in-season quota Excel, WordPerfect, or Adobe PDF file weight, 82 percent of the available closure and prompting the Council to formats only. quota. review the recreational fishing season. Comments received through means In 2009, the greater amberjack At its October 2010 meeting, the not specified in this rule will not be recreational sector was projected to Council voted to establish a 2-month considered. reach its quota and closed on October seasonal closure, from June 1 through Copies of the regulatory amendment, 24, 2009, which resulted in an estimated July 31, beginning in 2011. This which includes an environmental harvest overage of 124,817 lb (56,616 kg) seasonal closure is intended to assessment (EA), an initial regulatory round weight. The 9 percent overage in minimize in-season quota closures for flexibility analysis (IRFA), and a 2009 by the recreational sector was greater amberjack during peak economic regulatory impact review, may be achieved in 69 fewer fishing days than fishing months and maximize social and obtained from the Gulf of Mexico in 2008. Accountability measures economic benefits for Gulf recreational Fishery Management Council, 2203 established in Amendment 30A reduced fishers by maximizing the number of North Lois Avenue, Suite 1100, Tampa, the 2010 recreational quota to 1,243,184 fishing days available to the recreational FL 33607; telephone 813–348–1630; fax lb (563,899 kg) round weight, which sector. 813–348–1711; e-mail was projected to be met in late August This 2-month closure coincides with [email protected]; or may be 2010. However, these projections were the open recreational seasons for other downloaded from the Council’s Web completed prior to the fishery closures managed reef fish species, including red site at http://www.gulfcouncil.org/. implemented as a result of the snapper. Dividing the recreational Deepwater Horizon MC252 oil spill in greater amberjack season into two FOR FURTHER INFORMATION CONTACT: Rich Malinowski, 727–824–5305; fax: 727– the Gulf. Recent projections, completed portions of the year that bracket the red 824–5308. by NMFS in October of 2010, indicate snapper season provides recreational the 2010 quota for Gulf recreational fishers the opportunity to fish for at SUPPLEMENTARY INFORMATION: The reef greater amberjack is unlikely to be least one of the targeted species year fish fishery of the Gulf of Mexico is exceeded, primarily because of the round (provided the recreational quota managed under the FMP. The FMP was Deepwater Horizon MC252 oil spill for greater amberjack is not exceeded). prepared by the Council and is fishery closures and the associated A closed season for Gulf greater implemented through regulations at 50 reductions in recreational fishing effort. amberjack that overlaps with an open CFR part 622 under the authority of the Final 2010 recreational harvest data will season for Gulf red snapper is intended Magnuson-Stevens Fishery be available in the spring of 2011. to minimize the social and economic Conservation and Management Act The commercial sector was closed on impacts to recreational fishers in the (Magnuson-Stevens Act). November 7, 2009 after harvesting an Gulf. Background estimated 632,928 lb (287,091 kg), which accounts for a 25.8-percent Additional Measure Contained in This Greater amberjack is currently overage of the 503,000 lb (228,157 kg) Proposed Rule overfished and undergoing overfishing commercial quota. The 129,928-lb NMFS implemented a ‘‘venting and has been under a rebuilding plan (58,934-kg) overage was deducted from device’’ gear requirement for the Gulf since 2003. In 2006, a new stock the 2010 commercial quota resulting in reef fish fishery through Amendment 27 assessment was completed and a quota of 373,072 lb (169,223 kg) round to the FMP. A final rule implementing determined the stock was not recovering weight for the 2010 fishing year, as this amendment published on January at the rate previously projected. The prescribed in the accountability 29, 2008 (73 FR 5117). The venting Council initiated a stock assessment measures of Amendment 30A. device requirement became effective on update in 2010 with the Scientific and The greater amberjack rebuilding plan June 1, 2008. The requirement states, Statistical Committee (SSC) review is scheduled to increase the total ‘‘At least one venting tool is required occurring in January 2011. allowable catch (TAC) or annual catch and must be used to deflate the swim During the February 2010 Council limit of 2,547,000 lb (1,155,300 kg) bladders of Gulf reef fish to release the meeting, the Council requested that the round weight for the recreational sector fish with minimum damage.’’ NMFS greater amberjack recreational fishing and 938,000 lb (425,470 kg) round recently became aware that this season be reviewed and analyzed by weight for the commercial sector in the requirement as well as the definition for Council staff and NMFS to potentially years 2011–2013. These increases would ‘‘venting device’’ incorrectly specifies establish a recreational season closure. only take place if the 2010 stock venting the ‘‘swim bladders’’ of fish. Currently, the recreational sector is assessment reveals the greater amberjack Instead, the regulation should require open to harvest all year while the stock is on schedule to be rebuilt in venting the ‘‘abdominal cavities’’ of fish. commercial sector has a seasonal 2012. Should the 2010 stock assessment Venting the swim bladder of a fish closure of March through May each reveal that greater amberjack is not could result in the mortality of the fish. year. rebuilding on target, the quotas would However, venting the abdominal cavity In 2008, Amendment 30A to the FMP remain at the current levels. of the fish allows the gases in the fish was approved for greater amberjack. to escape, without causing harm to the NMFS issued a final rule on July 3, 2008 Provisions of This Proposed Rule fish. Therefore, through this rulemaking, (73 FR 38139), to implement This proposed rule would establish a NMFS proposes to revise the definition Amendment 30A. Amendment 30A 2-month seasonal closure of the of ‘‘venting device’’ in § 622.2 and established recreational and commercial recreational sector for greater amberjack § 622.41 of the regulations, to more quotas of 1,368,000 lb (620,514 kg) and within the Gulf reef fish fishery. Harvest accurately characterize the part of the 503,000 lb (228,157 kg), respectively. In and possession of recreational greater fish’s anatomy where venting should 2008, the recreational sector remained amberjack would be prohibited in or occur. The venting tool should be used open throughout the year with an from the Gulf EEZ during the months of to vent the ‘‘abdominal cavity’’ of the estimated harvest of 88,731 lb (40,248 June and July each year. In 2009, the fish, not the ‘‘swim bladder’’ of the fish.

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This is a mere technical correction to The proposed rule is expected to sector of the Gulf reef fish fishery. On appropriately identify the area on the directly affect for-hire fishing vessels the other hand, the no action alternative fish to be vented. It in no other way that harvest greater amberjack in the would likely result in a recreational alters the existing regulatory Gulf. The for-hire sector is comprised of sector closure commencing on August requirements. charterboats, which charge a fee on a 27, 2011, as a result of the quota being vessel basis, and headboats, which met or exceeded. Relative to the no Classification charge a fee on an individual angler action alternative, the proposed rule is Pursuant to section 304(b)(1)(A) of the (head) basis. For-hire vessels are expected, for the first year, to result in Magnuson-Stevens Act, the NMFS required to have a Gulf reef fish for-hire an increase in profits by $52,526 for the Assistant Administrator has determined permit to harvest greater amberjack in charterboat sector as a whole, or by $39 that this proposed rule is consistent the Gulf. The Small Business per charterboat. Conversely, the with the regulatory amendment, other Administration has established size proposed rule is expected, in the first provisions of the Magnuson-Stevens criteria for all major industry sectors in year, to result in a decrease in profits by Act, and other applicable law, subject to the U.S. including fish harvesters. A for- $59,832 for the headboat sector as a further consideration after public hire business involved in fish harvesting whole, or by $757 per headboat. comment. is classified as a small business if it is Relative to the average revenues of This proposed rule has been independently owned and operated, is $88,000 per charterboat and $461,000 determined to be not significant for not dominant in its field of operation per headboat, the estimated effects of purposes of Executive Order 12866. (including its affiliates), and has the proposed rule may be deemed NMFS prepared an IRFA, as required combined annual receipts not in excess relatively small. Considering the effects by section 603 of the Regulatory of $7.0 million (NAICS code 713990, on charterboats and headboats as a Flexibility Act, 5 U.S.C. 603, for this recreational industries). whole, the proposed rule, in the first proposed rule. The IRFA describes the In 2009, there were 1,422 unique for- year is expected to result in a net economic impact that this proposed hire vessels that were permitted to decrease in overall for-hire vessel profits rule, if adopted, would have on small operate in the Gulf reef fish fishery. of $7,306. This net amount is deemed entities. A description of the action, These vessels were distributed as small, particularly when spread over all why it is being considered, and the follows: 140 vessels in Alabama, 877 1,422 for-hire vessels. In addition, it is objectives of, and legal basis for this vessels in Florida, 101 vessels in expected that net profits for both action are contained at the beginning of Louisiana, 54 vessels in Mississippi, charterboats and headboats would not this section in the preamble and in the and 232 vessels in Texas. The for-hire deteriorate as much as they would permit does not distinguish between SUMMARY section of the preamble. A under an unplanned quota closure copy of the full analysis is available headboats and charter boats, but in associated with the no action 2009, the headboat survey program from the Council (see ADDRESSES). A alternative. Based on the resulting net included 79 headboats. The majority of summary of the IRFA follows. effects on profits, it is concluded that headboats were located in Florida (43), The proposed rule would implement the proposed rule would not have a followed by Texas (22), Alabama (10), an annual seasonal closure for the significant economic impact on a and Louisiana (4). It cannot be recreational sector to the harvest of substantial number of small entities. determined with available data how greater amberjack for the months of June many of the 1,422 for-hire vessels Four alternatives, including the through July in or from the Gulf EEZ. permitted to operate in the Gulf reef fish proposed action, were considered in The purpose of this proposed rule is to fishery harvest greater amberjack, so all this amendment. The first alternative to maintain the rebuilding plan targets for permitted for-hire vessels are assumed the proposed action is the no action the overfished greater amberjack to comprise the universe of potentially alternative. This alternative resulted in resource, reduce the likelihood of affected vessels. The average charterboat quota closure and overages in 2009, exceeding the recreational quota for is estimated to earn approximately prompting a reduction in the following greater amberjack, minimize in-season $88,000 (2008 dollars) in annual year’s (2010) quota. In April 2010, the quota closures for greater amberjack revenues, while the average headboat is recreational sector requested the during peak recreational fishing months, estimated to earn approximately Council to consider a seasonal closure and increase social and economic $461,000 (2008 dollars). to minimize the adverse effects of the benefits for Gulf recreational fishers by Based on these revenue estimates, all quota closure. The second alternative to maximizing the number of fishing days for-hire vessels expected to be directly the proposed action would establish a available to the recreational sector. The affected by this proposed rule are March through May seasonal closure. proposed rule also revises the definition determined for the purpose of this This alternative is expected to result in of a venting device from one used to analysis to be small business entities. larger overall adverse economic effects deflate the swim bladders of fish to one Some fleet activity (i.e., multiple vessels than the proposed action. While this used to deflate the abdominal cavities of owned by a single entity) may exist in alternative would result in less adverse fish. This is a mere technical correction the for-hire sector but its extent is economic effects on headboats, the to align the definition of venting to its unknown, and all vessels are treated as adverse economic effects on true intent of reducing mortality when independent entities in this analysis. charterboats would be substantially releasing the fish. All entities expected to be directly larger. The third alternative to the The Magnuson-Stevens Act provides affected by the proposed rule are proposed action would establish a May the statutory basis for the proposed rule. determined for the purpose of this through June seasonal closure. This This proposed rule would not analysis to be small business entities, so third alternative has been estimated to establish any new reporting, record- no disproportionate effects on small result in larger adverse economic effects keeping, or other compliance entities relative to large entities are than the proposed action. Similar to the requirements. No duplicative, expected because of this action. second alternative to the proposed overlapping, or conflicting Federal rules The proposed rule would establish a action, this third alternative would have been identified for this proposed June 1 through July 31 seasonal closure result in less adverse economic effects rule. of the recreational greater amberjack on headboats but substantially larger

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adverse economic effects on PART 622—FISHERIES OF THE (o) Seasonal closure of the charterboats. CARIBBEAN, GULF, AND SOUTH recreational sector for greater The proposed rule to correct the ATLANTIC amberjack. The recreational sector for definition of venting device would have greater amberjack in or from the Gulf 1. The authority citation for part 622 no additional economic effects on small EEZ is closed from June 1 through July continues to read as follows: 31, each year. During the closure, the entities because this tool is already bag and possession limit for greater required to be used, and this correction Authority: 16 U.S.C. 1801 et seq. amberjack in or from the Gulf EEZ is merely clarifies how it should be used. 2. In § 622.2, the definition for zero. List of Subjects in 50 CFR Part 622 ‘‘venting device’’ is revised to read as * * * * * follows: 4. In § 622.41, the first sentence of Fisheries, Fishing, Puerto Rico, § 622.2 Definitions and acronyms. paragraph (m)(3) is revised to read as Reporting and recordkeeping follows: requirements, Virgin Islands. * * * * * 622.41 Species Specific Limitations. Dated: January 19, 2011. Venting device means a device intended to deflate the abdominal cavity * * * * * Samuel D. Rauch, III, of a fish to release the fish with (m) * * * Deputy Assistant Administrator for minimum damage. (3) Venting tool. At least one venting Regulatory Programs, National Marine * * * * * tool is required and must be used to Fisheries Service. deflate the abdominal cavities of Gulf 3. In § 622.34, paragraph (o) is added For the reasons set out in the reef fish to release the fish with to read as follows: preamble, 50 CFR part 622 is proposed minimum damage. * * * to be amended as follows: § 622.34 Gulf EEZ seasonal and/or area * * * * * closures. [FR Doc. 2011–1370 Filed 1–21–11; 8:45 am] * * * * * BILLING CODE 3510–22–P

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Notices Federal Register Vol. 76, No. 15

Monday, January 24, 2011

This section of the FEDERAL REGISTER efficiency of sheep and simultaneously Forest Service allotments: East Beaver contains documents other than rules or to improve the sustainability of and Meyers Creek. proposed rules that are applicable to the rangeland ecosystems) of the • No grazing would occur on the East public. Notices of hearings and investigations, Agricultural Research Service, U.S. Summer Range as well as on the Forest committee meetings, agency decisions and Sheep Experiment Station in Dubois, rulings, delegations of authority, filing of Service Meyers Creek allotment. petitions and applications and agency Idaho. • No grazing would occur on the statements of organization and functions are Proposed Action/No New Action Forest Service Snakey and Kelly examples of documents appearing in this Alternative allotments and the Bureau of Land section. Management Bernice allotment. To achieve those goals and objectives, the Sheep Station is proposing to Responsible Official DEPARTMENT OF AGRICULTURE continue historic (approximately 92 Andrew C. Hammond, Agricultural years) sheep grazing and associated Research Service Pacific West Area Agricultural Research Service activities currently occurring on Director. Agricultural Research Service lands, Notice of Intent To Prepare an U.S. Forest Service and Bureau of Land Nature of Decision To Be Made Environmental Impact Statement Management allotments, and a With respect to the operations at the AGENCY: Department of Energy feed lot. The Agricultural Research Service, Agricultural Research Service U.S. USDA. proposed action would maintain the status quo and would be considered a Sheep Experiment Station, Dubois, ACTION: Notice of Intent to Prepare an Idaho, the responsible official will Environmental Impact Statement. ‘‘no new federal action’’ alternative. In addition to grazing sheep on an determine: SUMMARY: The Agricultural Research annual rotation across Agricultural • Which actions, if any, will be Service, U.S. Sheep Experiment Station Research Service lands at the U.S. approved, and (USSES), Dubois, Idaho is proposing Sheep Experiment Station in Dubois, • What additional mitigation sheep grazing and associated activities Idaho and nearby Forest Service and measures and monitoring requirements to achieve its research goals and Bureau of Land Management allotments, may be needed to protect resources. objectives (to develop integrated the following activities would occur: Scoping Process methods for increasing production • Sheep trail and driveway use and efficiency of sheep and to maintenance. This notice of intent initiates the simultaneously improve the • Maintenance and continuation of scoping process, which guides the sustainability of rangeland ecosystems). stock water operations. development of the environmental DATES: Comments concerning the scope • Camp tending—use of sheep herder impact statement. of the analysis must be received by camps and summer range camps. It is important that reviewers provide • March 10, 2011. The draft Maintenance and repair of existing their comments at such times and in environmental impact statement is permanent fence. such a way that they are useful to the • expected June 2011 and the final Maintenance and repair of existing Agency’s preparation of the EIS. environmental impact statement is roads and fire breaks. Therefore, comments should be • expected March 2012. Range improvement—prescribed provided prior to the close of the ADDRESSES: Comments should be burning and seeding. comment period and should clearly • addressed to Dr. Andrew C. Hammond, Cattle and horse grazing. articulate the reviewer’s concerns and • Director, USDA, ARS, Pacific West Predator avoidance and abatement. contentions. The submission of timely • Area, ATTN: USSES Grazing Project Integrated pest management for and specific comments can affect a 2010 Scoping. E-mail comments to: noxious weeds. reviewer’s ability to participate in [email protected] (preferred). Written Detailed information can be found in subsequent judicial review. comments may be sent to: 800 the Scoping Information document Comments received in response to Buchanan Street, Albany, CA 94710. posted on the ARS Web site at: http:// this solicitation, including names and FOR FURTHER INFORMATION CONTACT: Sue www.ars.usda.gov/main/site_main.htm? addresses of those who comment, will Wingate at [email protected]. modecode=53-64-00-00 under ‘‘News become part of the public record for this Individuals who use and Events’’. proposed action. Comments submitted telecommunication devices for the deaf Possible Alternatives anonymously will be accepted and (TDD) may call the Federal Information considered. However, anonymous Relay Service (FIRS) at 1–800–877–8339 Four alternatives to the proposed comments will not provide the between 8 a.m. and 8 p.m., Eastern action may be considered: respondent with standing to participate • Time, Monday through Friday. No grazing. Under this alternative in subsequent administrative review or SUPPLEMENTARY INFORMATION: no grazing would occur; any sheep kept judicial review. by the Station would be permanently Purpose and Need for Action housed at the Department of Energy feed Dated: November 22, 2010. The purpose of the proposed action is lot. Edward B. Knipling, to achieve the research goals and • No grazing would occur on the East Administrator, ARS. objectives (to develop integrated Summer, West Summer, and Humphrey [FR Doc. 2011–1333 Filed 1–21–11; 8:45 am] methods for increasing production Pastures as well as on the following BILLING CODE 3410–03–P

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DEPARTMENT OF AGRICULTURE ACTION: Notice of Meeting. DATES: To ensure consideration, written comments must be submitted on or Agricultural Research Service SUMMARY: The Nicolet Resource before March 25, 2011. Advisory Committee will meet in ADDRESSES: Direct all written comments Notice of Intent To Grant Exclusive Crandon, Wisconsin. The committee is to Diana Hynek, Departmental License meeting as authorized under the Secure Paperwork Clearance Officer, Rural Schools and Community Self- Department of Commerce, Room 6616, AGENCY: Agricultural Research Service, Determination Act (Pub. L. 110–343) USDA. 14th and Constitution Avenue, NW., and in compliance with the Federal Washington, DC 20230 (or via the ACTION: Notice of intent. Advisory Committee Act. The purpose Internet at [email protected]). is to hold a meeting to review submitted SUMMARY: FOR FURTHER INFORMATION CONTACT: Notice is hereby given that project proposals. The general public is Requests for additional information or the U.S. Department of Agriculture, invited to attend this meeting. Forest Service, intends to grant to instructions on how to complete the Wisconsin Alumni Research Foundation DATES: The meeting will be held on collection instrument should be of Madison, Wisconsin, an exclusive February 23, 2011, and will begin at directed to Joe A. Cortez, Chief, license to the Federal Government’s 9:30 a.m. Regulations, Outreach and Education patent rights in U.S. Patent No. ADDRESSES: The meeting will be held at Branch, U.S. Census Bureau, 4600 Silver 7,501,275, ‘‘Yeast Transformation the Forest County Courthouse, County Hill Road, Room 6K125, Washington, System’’, issued on March 10, 2009. Boardroom, 200 East Madison Street, DC 20233–6700, (301) 763–1413, by fax DATES: Comments must be received on Crandon, WI. Written comments should (301) 763–8835 or via the Internet at or before February 23, 2011. be sent to Penny McLaughlin, [email protected]. Chequamegon-Nicolet National Forest, SUPPLEMENTARY INFORMATION: ADDRESSES: Send comments to: Janet I. 4978 Hwy 8 W, Laona, WI 54541. Stockhausen, USDA, Forest Service, Comments may also be sent via e-mail I. Abstract Forest Products Laboratory, One Gifford to [email protected] or via The Automated Export System (AES), Pinchot Drive, Madison, Wisconsin facsimile to 715–674–2545. 53726–2398. is the instrument used for collecting FOR FURTHER INFORMATION CONTACT: export trade information. The data FOR FURTHER INFORMATION CONTACT: Penny McLaughlin, RAC Coordinator, collected from this source is compiled Janet I. Stockhausen of the USDA Forest USDA, Chequamegon-Nicolet National by the U.S. Census Bureau and Service at the address given above; Forest, 4978 Hwy 8 W, Laona, WI functions as the basis for the official telephone: 608–231–9502; fax: 608– 54541; 715–674–4481; e-mail: U.S. export trade statistics. These 231–9508; or e-mail: [email protected]. statistics are used to determine the [email protected]. SUPPLEMENTARY INFORMATION: The balance of international trade, and are SUPPLEMENTARY INFORMATION: The meeting is open to the public. The also designated for use as a principal Federal Government’s patent rights in following business will be conducted: economic indicator. Title 13, United this invention are assigned to the United (1) Review and recommend the project States Code (U.S.C.), Chapter 9, Section States of America, as represented by the proposal submissions for Title II 301 authorizes the Census Bureau to Secretary of Agriculture. It is in the projects; and (2) Public Comment. collect, compile and publish export public interest to so license this trade data. Title 15, Code of Federal invention as Wisconsin Alumni Dated: January 3, 2011. Regulations (CFR), Part 30, contains the Research Foundation of Madison, Paul I V Strong, regulatory provisions for preparing and Wisconsin has submitted a complete Forest Supervisor. filing the AES record. These data are and sufficient application for a license. [FR Doc. 2011–1307 Filed 1–21–11; 8:45 am] used in the development of U.S. The prospective exclusive license will BILLING CODE 3410–11–P Government policies that affect the be royalty-bearing and will comply with economy. These data also enable U.S. the terms and conditions of 35 U.S.C. businesses to develop practical export 209 and 37 CFR 404.7. The prospective marketing strategies as well as provide exclusive license may be granted unless, DEPARTMENT OF COMMERCE a means for the assessment of the within thirty (30) days from the date of impact of exports on the domestic Census Bureau this published Notice, the Forest Service economy. These data collected from the receives written evidence and argument Proposed Information Collection; AES record are also used for export which establishes that the grant of the Comment Request; Automated Export control purposes under Title 50, U.S.C., license would not be consistent with the System (AES) Program Export Administration Act, to detect requirements of 35 U.S.C. 209 and 37 and prevent the export of certain items CFR 404.7. AGENCY: U.S. Census Bureau. by unauthorized parties or to ACTION: Notice. unauthorized destinations or end users. Richard J. Brenner, The Foreign Trade Regulations (FTR) Assistant Administrator. SUMMARY: The Department of were published on June 2, 2008, and [FR Doc. 2011–1334 Filed 1–21–11; 8:45 am] Commerce, as part of its continuing were implemented September 30, 2008. BILLING CODE 3410–03–P effort to reduce paperwork and These regulations require the mandatory respondent burden, invites the general filing of export information through the public and other Federal agencies to AES or AESDirect. Currently, the DEPARTMENT OF AGRICULTURE take this opportunity to comment on Foreign Trade Regulations are being proposed and/or continuing information amended to reflect new export reporting Forest Service collections, as required by the requirements. Nicolet Resource Advisory Committee Paperwork Reduction Act of 1995, The Census Bureau plans to publish Public Law 104–13 (44 U.S.C. a Notice of Proposed Rule (NPR) AGENCY: Forest Service, USDA. 3506(c)(2)(A)). addressing these changes and giving the

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public opportunity to comment on the for household goods is negligible. This statistics. Similarly, in accordance with proposed changes. The proposed is due to the fact that shipments of the MOU, Canada substitutes U.S. changes will require the addition of new household goods have been historically import statistics for Canadian exports to data elements in the AES as well as low. Although the number of shipments the United States. This exchange of data modifications to current data elements. that will have to be filed will increase eliminates the requirement for U.S. The fields that will be added/modified slightly, it is critical to capture this exporters to file any information with are conditional data elements. information for the purposes of export the U.S. Government for exports of Therefore, these data elements will only control under Title 50, U.S.C., Export nonlicensed shipments to Canada, thus be required if that element applies to the Administration Act, to detect and resulting in the elimination of over nine specific shipment being exported. In prevent the export of certain items by million AES records annually. Export addition, AES filings will be mandatory unauthorized parties or to unauthorized shipments to Canada of rough for shipments of all used self-propelled destinations or end users. diamonds, used vehicles, household vehicles and household goods Data that will be captured based on goods or those that require a license regardless of value or country of these new export reporting requirements must be filed through the AES. Also, destination. are essential in compiling complete and export shipments from the United States The additional data elements include accurate export statistics, as well as through Canada destined to a country name and address of the end user, and strengthening export controls. In spite of other than Canada require an AES ultimate consignee type. The addition of new filing requirements, the overall record. these conditional fields will support the time per response will remain at 3 U.S. principal parties in interest export control initiative of enforcement minutes per AES filing. The additional (USPPI) or authorized agents file agencies by helping to detect and time required to complete the AES electronic export information via the prevent the export of items by record is offset by technological AES prior to the export of the shipment. unauthorized parties or to unauthorized advances made to the AES along with The proof of filing citation received destinations or end users. However, filers’ heightened knowledge of the from the AES must be noted on the these conditional data elements will filing requirements and system commercial loading documents upon have limited impact on burden response functionality since the implementation arrival of the shipment at the port of time since entering information for the of mandatory electronic filing in 2008. export. In instances where the AES end user and consignee type is based on II. Method of Collection filing is not required, the proper the knowledge the exporter has at the exemption legend must be noted on the An electronic AES record is required, time of export. Therefore, if that commercial loading documents. information is not known, the filer is with certain exceptions, for all export The AES enables the government to not required to report the information. shipments valued more than $2,500 per significantly improve the quality, Schedule B from the United States, Additional data elements that will be timeliness, and coverage of export including Foreign Trade Zones located included are license applicant address, statistics. Since July 1995, the Census therein, Puerto Rico, and the U.S. Virgin license value, and country of origin. Bureau and the CBP have utilized the Islands to foreign countries; for exports Also, the equipment number field will AES to improve the reporting of export between the United States and Puerto be revised to require the container trade information, customer service, Rico; and for exports to the U.S. Virgin number for all containerized cargo. For compliance with and enforcement of Islands from the United States or Puerto shipments where a license is required, export laws, and provide paperless Rico. The AES record is required for the the address of the license applicant will reports of export information. The AES export of rough diamonds and all be required to be reported. The license also enables the U.S. Government to exports requiring a license from any value per commodity classification will increase its ability to prevent the export be required to be reported in addition to other government agency or license of certain items by unauthorized parties, the value that is currently captured in exemption from the Department of to unauthorized destinations and end the AES. Currently, only six percent of State, regardless of value. The AES users through electronic filing. records filed require a license. For record is also required for exports with shipments where the origin of the a license exception from the Bureau of III. Data Industry and Security when valued over commodity is foreign, the country of OMB Control Number: 0607–0152. origin will be required to be reported. $2,500 per Schedule B. The AES Form Number: Automated Export Currently, 17 percent of records filed program is unique among Census System (AES) submissions. contain goods of foreign origin. For Bureau statistical collections since it is Type of Review: Regular submission. shipments where the method of not sent to respondents to solicit Affected Public: Exporters, transportation (MOT) is containerized responses, as is the case with surveys. Forwarding agents, Export Carriers. vessel cargo, the container number will Filing export information via the AES is Estimated Number of Respondents: be required to be reported in the a mandatory process under Title 13, 288,747. equipment number field. Currently, 19 Chapter 9, U.S.C. Exporters can access Estimated Time per Response: 3 percent of records filed are reported as the AES via the Census Bureau’s free minutes for AES Submission. containerized. Individually, completing Internet-based system, AESDirect, or Estimated Total Annual Burden these conditional fields will not affect they can integrate the AES into their Hours: 791,607. respondent burden significantly. Each company’s computer network and file Estimated Total Annual Cost: additional field affects only a percentage directly with the U.S. Customs and $14,185,597. of the shipments that are required to be Border Protection (CBP). Respondent’s Obligation: Mandatory. reported in the AES. For exports to Canada, a Legal Authority: Title 13 United States The mandatory requirement to file Memorandum of Understanding (MOU) Code, Chapter 9; Public Law 107–228 used self-propelled vehicles as defined signed by the CBP, Canada Border Foreign Relations Authorization Act. in Title 19, CFR, Part 192.1 will increase Services Agency, and statistical agencies the number of shipments requiring an in the United States and Canada enables IV. Request for Comments AES record by approximately three the United States to substitute Canadian Comments are invited on: (a) Whether percent. The increase in required filings import statistics for U.S. export the proposed collection of information

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is necessary for the proper performance SUPPLEMENTARY INFORMATION: use of automated collection techniques of the functions of the agency, including or other forms of information I. Abstract whether the information shall have technology. practical utility; (b) the accuracy of the This request is for a regular Comments submitted in response to agency’s estimate of the burden submission (extension) of a currently this notice will be summarized and/or (including hours and cost) of the approved information collection. included in the request for OMB proposed collection of information; The National Oceanic and approval of this information collection; (c) ways to enhance the quality, utility, Atmospheric Administration (NOAA) they also will become a matter of public and clarity of the information to be was mandated to develop and record. implement a quality assurance program collected; and (d) ways to minimize the Dated: January 19, 2011. burden of the collection of information under which the Administrator may Gwellnar Banks, on respondents, including through the certify privately-made hydrographic use of automated collection techniques products. The Administrator fulfilled Management Analyst, Office of the Chief Information Officer. or other forms of information this mandate by establishing procedures technology. by which hydrographic products are [FR Doc. 2011–1372 Filed 1–21–11; 8:45 am] Comments submitted in response to proposed for certification; by which BILLING CODE 3510–JE–P this notice will be summarized and/or standards and compliance tests are included in the request for OMB developed, adopted, and applied for approval of this information collection; those products; and by which DEPARTMENT OF COMMERCE they also will become a matter of public certification is awarded or denied. National Oceanic and Atmospheric record. These procedures are now 15 CFR part Administration Dated: January 19, 2011. 996. The application and recordkeeping RIN 0648–XA165 Glenna Mickelson, requirements at 15 CFR part 996 are basis for this collection of information. Management Analyst, Office of the Chief Marine Mammals; File No. 15510 Information Officer. II. Method of Collection [FR Doc. 2011–1321 Filed 1–21–11; 8:45 am] AGENCY: National Marine Fisheries Respondents have a choice of making BILLING CODE 3510–07–P Service (NMFS), National Oceanic and application using either electronic or Atmospheric Administration (NOAA), paper means. Methods of submittal Commerce. include e-mail of documents, and mail DEPARTMENT OF COMMERCE ACTION: Notice; receipt of application. and facsimile transmission of paper National Oceanic and Atmospheric documents described in 15 CFR part SUMMARY: Notice is hereby given that Administration 996. Jennifer Burns, Ph.D., University of III. Data Alaska Anchorage, Biology Department, Proposed Information Collection; 3101 Science Circle, Anchorage, AK, Comment Request; Certification OMB Control Number: 0648–0507. has applied in due form for a permit to Requirements for NOAA’s Form Number: None. receive, import, and export marine Hydrographic Product Quality Type of Review: Regular submission mammal parts for scientific research. Assurance Program (extension of a currently approved collection). DATES: Written, telefaxed, or e-mail AGENCY: National Oceanic and Affected Public: Businesses or other comments must be received on or before Atmospheric Administration (NOAA), for-profit organizations. February 23, 2011. Commerce. Estimated Number of Respondents: 1. ADDRESSES: The application and related ACTION: Notice. Estimated Time per Response: 4 hours documents are available for review by to prepare the initial application; 4 selecting ‘‘Records Open for Public SUMMARY: The Department of hours for documentation to accompany Comment’’ from the Features box on the Commerce, as part of its continuing an item submitted for certification; and Applications and Permits for Protected effort to reduce paperwork and 4 hours for a request for reconsideration Species (APPS) home page, https:// respondent burden, invites the general of a NOAA decision. apps.nmfs.noaa.gov, and then selecting public and other Federal agencies to Estimated Total Annual Burden File No. 15510 from the list of available take this opportunity to comment on Hours: 12. applications. proposed and/or continuing information Estimated Total Annual Cost to These documents are also available collections, as required by the Public: $1.32. upon written request or by appointment Paperwork Reduction Act of 1995. in the following office(s): DATES: Written comments must be IV. Request for Comments Permits, Conservation and Education submitted on or before March 25, 2011. Comments are invited on: (a) Whether Division, Office of Protected Resources, ADDRESSES: Direct all written comments the proposed collection of information NMFS, 1315 East-West Highway, Room to Diana Hynek, Departmental is necessary for the proper performance 13705, Silver Spring, MD 20910; phone Paperwork Clearance Officer, of the functions of the agency, including (301) 713–2289; fax (301) 713–0376; and Department of Commerce, Room 6616, whether the information shall have Alaska Region, NMFS, P.O. Box 14th and Constitution Avenue, NW., practical utility; (b) the accuracy of the 21668, Juneau, AK 99802–1668; phone Washington, DC 20230 (or via the agency’s estimate of the burden (907) 586–7221; fax (907) 586–7249. Internet at [email protected]). (including hours and cost) of the Written comments on this application FOR FURTHER INFORMATION CONTACT: proposed collection of information; (c) should be submitted to the Chief, Requests for additional information or ways to enhance the quality, utility, and Permits, Conservation and Education copies of the information collection clarity of the information to be Division, at the address listed above. instrument and instructions should be collected; and (d) ways to minimize the Comments may also be submitted by directed to David B. Enabnit, (301) 713– burden of the collection of information facsimile to (301) 713–0376, or by e- 2770 x132, [email protected]. on respondents, including through the mail to [email protected].

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Please include ‘‘File No. 15510’’ in the application to the Marine Mammal and economic analyses and provide subject line of the e-mail comment. Commission and its Committee of recommendations to the Council Those individuals requesting a public Scientific Advisors. regarding those analyses. hearing should submit a written request Dated: January 19, 2011. SAFMC SSC Social and Economic to the Chief, Permits, Conservation and P. Michael Payne, Subpanel Meeting Schedule: Education Division at the address listed February 15, 2011: 9 a.m.–5 p.m. and Chief, Permits, Conservation and Education above. The request should set forth the Division, Office of Protected Resources, February 16, 2011: 9 a.m.–1 p.m. specific reasons why a hearing on this National Marine Fisheries Service. The SSC’s Social and Economics application would be appropriate. [FR Doc. 2011–1359 Filed 1–21–11; 8:45 am] Panel members will provide the SSC with a report regarding their guidance FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–P Amy Sloan or Laura Morse, (301) 713– on the agenda items discussed. 2289. Although non-emergency issues not SUPPLEMENTARY INFORMATION: The DEPARTMENT OF COMMERCE contained in this agenda may come subject permit is requested under the before this group for discussion, those authority of the Marine Mammal National Oceanic and Atmospheric issues may not be the subject of formal Protection Act of 1972, as amended Administration action during this meeting. Action will (MMPA; 16 U.S.C. 1361 et seq.), the RIN 0648–XA170 be restricted to those issues specifically regulations governing the taking and listed in this notice and any issues importing of marine mammals (50 CFR Fisheries of the South Atlantic and arising after publication of this notice part 216), the Endangered Species Act of Gulf of Mexico; South Atlantic Fishery that require emergency action under 1973, as amended (ESA; 16 U.S.C. 1531 Management Council; Public Meeting section 305(c) of the Magnuson-Stevens et seq.), the regulations governing the Fishery Conservation and Management AGENCY: National Marine Fisheries taking, importing, and exporting of Act, provided the public has been Service (NMFS), National Oceanic and endangered and threatened species (50 notified of the Council’s intent to take Atmospheric Administration (NOAA), CFR 222–226), and the Fur Seal Act of final action to address the emergency. Commerce. 1966, as amended (16 U.S.C. 1151 et Special Accommodations seq.). ACTION: Notice of a public meeting. These meetings are physically The applicant proposes to obtain SUMMARY: The South Atlantic Fishery samples from up to 50 animals annually accessible to people with disabilities. Management Council (SAFMC) will Requests for sign language of each of the following species: Harp hold a meeting of its Scientific and seal, Pagophilus groenlandica; hooded interpretation or other auxiliary aids Statistical Committee’s (SSC) Social and should be directed to the Council office seal, Cystophora cristata; gray seal, Economic Subpanel to review the Gulf Halichoerus grypus; bearded seal, (see ADDRESSES) at least 3 business days of Mexico Red Grouper Evaluation, prior to the meeting. Erignathus barbatus; ringed seal, Phoca review draft Regulatory Amendment 9 hispida; harbor seal, Phoca vitulina; to the Snapper Grouper Fishery Dated: January 19, 2011. spotted seal, Phoca largha; and ribbon Management Plan for the South Atlantic Tracey L. Thompson, seal, Phoca fasciata. The applicant also addressing commercial trip limits, Acting Director, Office of Sustainable proposes to import samples annually discuss snapper grouper and golden Fisheries, National Marine Fisheries Service. from up to 6 captive Northern fur seals, crab draft catch share amendments, [FR Doc. 2011–1341 Filed 1–21–11; 8:45 am] Callorhinus ursinus; and 6 captive discuss the development of annual BILLING CODE 3510–22–P Steller Sea lions, Eumetopias jubatus. advisory panel reports, and discuss Samples will be from animals taken for methodologies for predicting future subsistence harvest in Alaska, and taken catch levels for use in amendment DEPARTMENT OF COMMERCE during scientific and/or subsistence analyses. The meeting will be held in collections including but not limited to North Charleston, SC. See National Oceanic and Atmospheric Administration the national waters of Canada, Norway, SUPPLEMENTARY INFORMATION. and the United Kingdom, and in DATES: The meeting will be held RIN 0648–XA131 international waters. Samples may be February 15–16, 2011. See received, imported and exported from SUPPLEMENTARY INFORMATION for specific National Saltwater Angler Registry any country worldwide over a five-year dates and times. Program period. The purpose of the proposed ADDRESSES: The meeting will be held at research is to study the physiological AGENCY: National Marine Fisheries the Crowne Plaza, 4831 Tanger Outlet development of pinnipeds including the Service (NMFS), National Oceanic and Boulevard, North Charleston, SC 29418; development of thermoregulation, Atmospheric Administration (NOAA), telephone: (1–877) 747–7301 or (843) muscle performance characteristics, Commerce. 744–4422; fax: (843) 740–7029. tissue oxygen stores, and hormonal and ACTION: Notice. other regulatory factors in tissues. FOR FURTHER INFORMATION CONTACT: Kim In compliance with the National Iverson, Public Information Officer, SUMMARY: NMFS has designated the Environmental Policy Act of 1969 (42 4055 Faber Place Drive, Suite 201, North States of Maine, Florida and Louisiana U.S.C. 4321 et seq.), an initial Charleston, SC 29405; telephone: (843) as exempted States for anglers, spear determination has been made that the 571–4366; e-mail: fishers and for-hire fishing vessels. activity proposed is categorically [email protected]. NMFS has designated the States of excluded from the requirement to SUPPLEMENTARY INFORMATION: Under the Massachusetts, Maryland and Virginia prepare an environmental assessment or Magnuson-Stevens Reauthorized Act, as exempted States for anglers and spear environmental impact statement. the SSC is the body responsible for fishers. Concurrent with the publication of reviewing the Council’s scientific DATES: The designation of the States as this notice in the Federal Register, materials. The SSC Social and Economic exempted States is effective on January NMFS is forwarding copies of the Subpanel will review and discuss social 24, 2011.

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ADDRESSES: Gordon C. Colvin, Fishery and Virginia were previously designated during regular business hours, at the Biologist, NMFS ST–12453, 1315 East- as exempted States for for-hire fishing aforementioned address. West Highway, Silver Spring, MD vessels. Persons who hold a valid FOR FURTHER INFORMATION CONTACT: 20910. license or registration issued by these Candace Nachman, NMFS, 301–713– FOR FURTHER INFORMATION CONTACT: exempted States for angling or spear 2289 ext. 156. Gordon C. Colvin, Fishery Biologist; fishing in tidal waters are not required SUPPLEMENTARY INFORMATION: On March (301) 713–2367 x175; e-mail: to register with NOAA under 50 CFR 18, 2010, and April 14, 2010, NMFS [email protected]. 600.1405(b). Persons who are residents received revised IHA applications from of these exempted States who are not SUPPLEMENTARY INFORMATION: The final Shell requesting the take of several required to hold a fishing license, or to species of marine mammals, by Level B rule implementing the National be registered to fish under the laws of Saltwater Angler Registry Program, 50 harassment, incidental to conducting an these exempted STATEs, also are not exploration drilling program on OCS CFR part 600 subpart P, was published required to register with NOAA. in the Federal Register on December 30, leases in Camden Bay, Beaufort Sea, 2008. The final rule requires persons Dated: January 18, 2011. Alaska, and offshore OCS leases in the who are angling, spear fishing or Eric C. Schwaab, Chukchi Sea, respectively, during the operating a for-hire fishing vessel in the Assistant Administrator for Fisheries, 2010 open-water season. NMFS U.S. Exclusive Economic Zone or for National Marine Fisheries Service. published notices of proposed IHA anadromous species to register annually [FR Doc. 2011–1368 Filed 1–21–11; 8:45 am] along with 30-day public comment with NOAA. However, persons who are BILLING CODE 3510–22–P periods in the Federal Register on April licensed or registered by, or State 19, 2010 (74 FR 20482) for the Beaufort residents who are not required to Sea request and May 7, 2010 (74 FR register or hold a license issued by, a DEPARTMENT OF COMMERCE 25730) for the Chukchi Sea request. State that is designated as an exempted On May 27, 2010, following the April State are not required to register with National Oceanic and Atmospheric 20, 2010, Deepwater Horizon oil spill in NOAA. The final rule sets forth the Administration the Gulf of Mexico, the Department of requirements for States to be designated the Interior (DOI) announced a as exempted States. Generally, RIN 0648–XA157 suspension of proposed exploration exempted States must agree to provide drilling in the U.S. Arctic and that DOI to NMFS names, addresses, dates of Takes of Marine Mammals Incidental to would postpone consideration of Shell’s birth and telephone numbers of the Specified Activities; Taking Marine exploration drilling requests for the persons licensed or registered under a Mammals Incidental to Exploration 2010 open-water season. Since no qualifying State license and/or registry Drilling Programs in the Chukchi and permits were issued to Shell by DOI to program, or to provide catch and effort Beaufort Seas, AK conduct the exploration drilling data from a qualifying regional survey of programs during the 2010 open-water recreational fishing, and enter into a AGENCY: National Marine Fisheries season, NMFS did not issue IHAs to Memorandum of Agreement with NMFS Service (NMFS), National Oceanic and Shell for these two proposed programs. to formalize the data reporting Atmospheric Administration (NOAA), In November 2010, Shell sent two agreement. Commerce. letters to NMFS regarding the 2010 IHA NMFS has received proposals for ACTION: Notice; non-issuance of requests. Regarding the proposed providing license/registry data from the incidental harassment authorizations. Beaufort Sea program, Shell indicated States listed below, has determined that that they intend to move forward with the States’ programs qualify for SUMMARY: On April 19, 2010, and May the exploration drilling program in exempted State designation under the 7, 2010, NMFS published notices of Camden Bay during the 2011 open- provisions of the final rule, and has proposed Incidental Harassment water season. Therefore, Shell requested entered into Memoranda of Agreement Authorizations (IHAs) for the take of that NMFS continue processing the with each of the States. Therefore, small numbers of marine mammals, by pending 2010 IHA request. NMFS has pursuant to 50 CFR 600.1415(b)(3), harassment, by Shell Offshore Inc. requested additional information from notice is hereby given that the following (Shell) incidental to offshore Shell. Until this information is received, States are designated as exempted States exploration drilling on Outer NMFS cannot consider the 2011 IHA under 50 CFR 600.1415: Maine, Florida, Continental Shelf (OCS) leases in the request complete. Once a completeness and Louisiana. Persons who hold a valid Beaufort and Chukchi Seas, Alaska, determination is made for the Beaufort fishing license or registration issued by during July through October, 2010. Sea exploration drilling program, NMFS these exempted States for angling, spear Notice is hereby given that these IHAs will proceed with publication of a new fishing or operating a for-hire fishing were not issued, and Shell did not notice of proposed IHA and request for vessel in tidal waters are not required to conduct the proposed exploration public comments. register with NOAA under 50 CFR drilling programs in 2010. Regarding the proposed Chukchi Sea 600.1405(b). Persons who are residents ADDRESSES: The applications related to program, Shell indicated that because of of these exempted States who are not this action are available by writing to ongoing litigation with the Chukchi Sea required to hold a fishing license, or to Michael Payne, Chief, Permits, Lease Sale 193 planning area, they have be registered to fish under the laws of Conservation, and Education Division, had to defer their Chukchi Sea these exempted States, also are not Office of Protected Resources, National Exploration Plan. Therefore, Shell required to register with NOAA. Marine Fisheries Service, 1315 East- requested that NMFS suspend further Further, pursuant to 50 CFR West Highway, Silver Spring, MD consideration and action of Shell’s 600.1415(b)(3), notice is hereby given 20910, by telephoning the contact listed Chukchi Sea program. Shell will inform that the following States are designated here, or online at: http:// NMFS at such time that they intend to as exempted States only for anglers and www.nmfs.noaa.gov/pr/permits/ move forward with their Chukchi Sea spear fishers: Massachusetts, Maryland, incidental.htm. Documents cited in this exploration drilling program. If and and Virginia. Massachusetts, Maryland, notice may be viewed, by appointment, when Shell informs NMFS that their

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Chukchi Sea program is moving will be damaged by the registration of a COMMODITY FUTURES TRADING forward, NMFS will ensure that it has mark, to file a petition to cancel the COMMISSION a complete application before registration of that mark. Sunshine Act Meetings publishing a new notice of proposed Individuals or entities may file an IHA. appeal from any final decision of the AGENCY HOLDING THE MEETING: Dated: January 18, 2011. Trademark Examining Attorney Commodity Futures Trading Helen M. Golde, assigned to review an application for Commission. Deputy Director, Office of Protected registration of a mark under Section 20 Resources, National Marine Fisheries Service. of the Trademark Act, 15 U.S.C. 1070. Sunshine Act Meetings [FR Doc. 2011–1357 Filed 1–21–11; 8:45 am] These petitions, notices, extensions, BILLING CODE 3510–22–P TIME AND DATE: 11 a.m., Friday, February and additional papers are filed with the 4, 2011. Trademark Trial and Appeal Board PLACE: 1155 21st St., NW., Washington, DEPARTMENT OF COMMERCE (TTAB), an administrative tribunal empowered to determine the right to DC, 9th Floor Commission Conference Patent and Trademark Office register as the issue may be presented in Room. such cases. STATUS: Closed. Submission for OMB Review; There are no paper forms associated Comment Request MATTERS TO BE CONSIDERED: Surveillance with this collection. However, this and Enforcement Matters. The United States Patent and collection does contain two suggested CONTACT PERSON FOR MORE INFORMATION: Trademark Office (USPTO) will submit formats and six electronic forms that are Sauntia S. Warfield, 202–418–5084. to the Office of Management and Budget available through the Electronic System (OMB) for clearance the following for Trademark Trials and Appeals Sauntia S. Warfield, proposal for collection of information (ESTTA). Assistant Secretary of the Commission. under the provisions of the Paperwork Affected Public: Businesses, other for- [FR Doc. 2011–1522 Filed 1–20–11; 4:15 pm] Reduction Act (44 U.S.C. Chapter 35). BILLING CODE 6351–01–P Agency: United States Patent and profits, and non-profit institutions. Trademark Office (USPTO). Frequency: On occasion. Title: Trademark Trial and Appeal Respondent’s Obligation: Required to COMMODITY FUTURES TRADING Board (TTAB) Actions. obtain or retain benefits. COMMISSION Form Number(s): PTO 2120, 2151, 2153, and 2188 through 2190. OMB Desk Officer: Nicholas A. Fraser, _ _ Sunshine Act Meetings Agency Approval Number: 0651– e-mail: Nicholas A Fraser@ 0040. omb.eop.gov. The following notice of scheduled Type of Request: Revision of a Once submitted, the request will be meetings is published pursuant to the currently approved collection. publicly available in electronic format provisions of the Government in the Burden: 14,423 hours annually. through the Information Collection Sunshine Act, Public Law 94–409, 5 Number of Respondents: 71,743 Review page at http://www.reginfo.gov. U.S.C. 552b. responses per year, with an estimated 61,900 responses filed electronically. Paper copies can be obtained by: AGENCY HOLDING THE MEETINGS: Avg. Hours per Response: The USPTO • E-mail: InformationCollection@ Commodity Futures Trading estimates that it will take the public uspto.gov. Include ‘‘0651–0040 copy Commission. between 10 to 30 minutes (0.17 to 0.50 request’’ in the subject line of the TIMES AND DATES: The Commission has hours) to provide this information, message. scheduled two meetings for the depending upon the request. This • Fax: 571–273–0112, marked to the following dates: includes the time to gather the attention of Susan K. Fawcett. February 11, 2011 at 9:30 a.m. necessary information, prepare the petitions, notices, extensions, or • Mail: Susan K. Fawcett, Records February 24, 2011 at 9:30 a.m. additional papers, and submit the Officer, Office of the Chief Information PLACE: Three Lafayette Center, 1155 21st completed request to the USPTO. The Officer, United States Patent and St., NW., Washington, DC, Lobby Level USPTO estimates that it will take the Trademark Office, P.O. Box 1450, Hearing Room (Room 1000). same amount of time (and possibly less Alexandria, VA 22313–1450. STATUS: Open. time) to gather the necessary Written comments and information, prepare the submission, recommendations for the proposed MATTERS TO BE CONSIDERED: The and submit it electronically as it does to information collection should be sent on Commission has scheduled these meetings to consider various rulemaking submit the information in paper form. or before February 23, 2011 to Nicholas Needs and Uses: Individuals or matters, including the issuance of A. Fraser, OMB Desk Officer, via e-mail entities who believe that they would be proposed rules and the approval of final to [email protected] or damaged by the registration of a mark rules. Agendas for each of the scheduled may file an opposition to the by fax to 202–395–5167, marked to the meetings will be made available to the registration of that mark, or an extension attention of Nicholas A. Fraser. public and posted on the Commission’s of time to file an opposition, under Dated: January 19, 2011. Web site at http://www.cftc.gov at least Section 13 of the Trademark Act, 15 Susan K. Fawcett, seven (7) days prior to the meeting. In U.S.C. 1063. If a mark is successfully Records Officer, USPTO, Office of the Chief the event that the times or dates of the opposed, registration will not take Information Officer. meetings change, an announcement of place. Section 14 of the Trademark Act, [FR Doc. 2011–1343 Filed 1–21–11; 8:45 am] the change, along with the new time and 15 U.S.C. 1064, allows individuals and place of the meeting will be posted on entities, who believe that they are or BILLING CODE 3510–16–P the Commission’s Web site.

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CONTACT PERSON FOR MORE INFORMATION: COMMODITY FUTURES TRADING proposed collection of information is David A. Stawick, Secretary of the COMMISSION necessary for the proper performance of Commission, 202–418–5071. the functions of the agency, including Sunshine Act Meetings whether the information will have David A. Stawick, practical utility; (2) Evaluate the Secretary of the Commission. AGENCY HOLDING THE MEETING: accuracy of the agency’s estimate of the [FR Doc. 2011–1519 Filed 1–20–11; 4:15 pm] Commodity Futures Trading burden of the proposed collection of Commission. BILLING CODE 6351–01–P information, including the validity of Sunshine Act Meetings the methodology and assumptions used; (3) Enhance the quality, utility, and COMMODITY FUTURES TRADING TIME AND DATE: 11 a.m., Friday, February clarity of the information to be COMMISSION 18, 2011. collected; and (4) Minimize the burden PLACE: 1155 21st St., NW., Washington, of the collection of information on those Sunshine Act Meetings DC, 9th Floor Commission Conference who are to respond, including through Room. the use of appropriate automated, AGENCY HOLDING THE MEETING: STATUS: Closed. electronic, mechanical, or other Commodity Futures Trading MATTERS TO BE CONSIDERED: Surveillance technological collection techniques or Commission. and Enforcement Matters. other forms of information technology. Sunshine Act Meetings CONTACT PERSON FOR MORE INFORMATION: Dated: January 14, 2011. Sauntia S. Warfield, 202–418–5084. Darrin A. King, Director, Information Collection Clearance TIME AND DATE: 11 a.m., Friday, February Sauntia S. Warfield, 11, 2011. Division, Regulatory Information Assistant Secretary of the Commission. Management Services, Office of Management. PLACE: 1155 21st St., NW., Washington, [FR Doc. 2011–1524 Filed 1–20–11; 4:15 pm] Office of Postsecondary Education DC, 9th Floor Commission Conference BILLING CODE 6351–01–P Room. Type of Review: NEW. Title of Collection: Application for STATUS: Closed. DEPARTMENT OF EDUCATION Grants under the Educational MATTERS TO BE CONSIDERED: Surveillance Opportunity Centers Program. and Enforcement Matters. Notice of Submission for OMB Review OMB Control Number: 1840–NEW. Agency Form Number(s): N/A. AGENCY: CONTACT PERSON FOR MORE INFORMATION: Department of Education. Frequency of Responses: Once every Sauntia S. Warfield, 202–418–5084. ACTION: Comment request. four years. Affected Public: Private Sector; State, Sauntia S. Warfield, SUMMARY: The Director, Information Local, or Tribal Government, State Assistant Secretary of the Commission. Collection Clearance Division, Regulatory Information Management Educational Agencies or Local [FR Doc. 2011–1523 Filed 1–20–11; 4:15 pm] Educational Agencies. BILLING CODE 6351–01–P Services, Office of Management invites comments on the submission for OMB Total Estimated Number of Annual review as required by the Paperwork Responses: 410. Reduction Act of 1995 (Pub. L. 104–13). Total Estimated Annual Burden COMMODITY FUTURES TRADING Hours: 10,020. COMMISSION DATES: Interested persons are invited to Abstract: The Department of submit comments on or before February Education is requesting a new Sunshine Act Meetings 23, 2011. application for grants under the ADDRESSES: Written comments should Educational Opportunity Centers (EOC) AGENCY HOLDING THE MEETING: be addressed to the Office of Program. The Department is requesting Commodity Futures Trading Information and Regulatory Affairs, a new application because of the Commission. Attention: Education Desk Officer, implementation of the Higher Education Office of Management and Budget, 725 Sunshine Act Meetings Opportunity Act (HEOA) revisions to 17th Street, NW., Room 10222, New the Higher Education Act, the Executive Office Building, Washington, TIME AND DATE: 11 a.m., Friday, February authorizing statute for the program. DC 20503, be faxed to (202) 395–5806 or 25, 2011. Beginning next year and pending a final e-mailed to oira_submission@ rule, all new and continuing grantees PLACE: 1155 21st St., NW., Washington, omb.eop.gov with a cc: to will submit performance data consistent DC, 9th Floor Commission Conference [email protected]. Please note that with the changes made by the HEOA. Room. written comments received in response This application will be used to award to this notice will be considered public new grants and collect data under the STATUS: Closed. records. EOC program. The EOC Program MATTERS TO BE CONSIDERED: Surveillance SUPPLEMENTARY INFORMATION: Section provides grants to institutions of higher and Enforcement Matters. 3506 of the Paperwork Reduction Act of education, public and private agencies 1995 (44 U.S.C. chapter 35) requires that and organizations, community-based CONTACT PERSON FOR MORE INFORMATION: the Office of Management and Budget organization with experience in serving Sauntia S. Warfield, 202–418–5084. (OMB) provide interested Federal disadvantaged youth, combinations of Sauntia S. Warfield, agencies and the public an early such institutions, agencies and Assistant Secretary of the Commission. opportunity to comment on information organizations, and secondary schools. collection requests. The OMB is The EOC Program provides grants to [FR Doc. 2011–1525 Filed 1–20–11; 4:15 pm] particularly interested in comments projects designed to provide BILLING CODE 6351–01–P which: (1) Evaluate whether the information regarding financial and

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academic assistance available to ADDRESSES: Written comments should education beyond high school, was first individuals who desire to pursue a be addressed to the Office of implemented by the National Center for program of postsecondary education; Information and Regulatory Affairs, Education Statistics (NCES) in 1987 and provide assistance to individuals in Attention: Education Desk Officer, has been fielded every 3 to 4 years applying for admission to institutions Office of Management and Budget, 725 since. This submission is for collection that offer programs of postsecondary 17th Street, NW., Room 10222, New of student data in the eighth cycle in the education, including assistance in Executive Office Building, Washington, series, NPSAS:12, and supplements the preparing necessary applications for use DC 20503, be faxed to (202) 395–5806 or recently obtained approval for by admissions and financial aid officers, e-mailed to NPSAS:12 collection of institutional and provide information regarding [email protected] with a data (OMB# 1850–0666 v.7). NPSAS:12 financial and economic literacy to cc: to [email protected]. Please note will also serve as the base year study for participants. that written comments received in the Beginning Postsecondary Students This information collection is being response to this notice will be Longitudinal Study (BPS) of first-time submitted under the Streamlined considered public records. postsecondary students that will focus Clearance Process for Discretionary SUPPLEMENTARY INFORMATION: Section on issues of persistence, degree Grant Information Collections (1894– 3506 of the Paperwork Reduction Act of attainment, and employment outcome. 0001). Therefore, the 30-day public 1995 (44 U.S.C. chapter 35) requires that Following the field test study in 2011, comment period notice will be the only the Office of Management and Budget NCES will submit an OMB clearance public comment notice published for (OMB) provide interested Federal package for the full scale. The this information collection. agencies and the public an early NPSAS:12 field test sample will include Requests for copies of the information opportunity to comment on information about 300 institutions (full-scale sample collection submission for OMB review collection requests. The OMB is about 1,670) and about 4,500 students may be accessed from the RegInfo.gov particularly interested in comments (120,000 full-scale). Institution Web site at http://www.reginfo.gov/ which: (1) Evaluate whether the contacting for the field test begun in public/do/PRAMain or from the proposed collection of information is September 2010 (for full scale in Department’s Web site at http:// necessary for the proper performance of September 2011), list collection will be edicsweb.ed.gov, by selecting the the functions of the agency, including conducted January through May 2011 ‘‘Browse Pending Collections’’ link and whether the information will have (full-scale January through June 2012), and student data collection will take by clicking on link number 4414. When practical utility; (2) Evaluate the place March through June 2011 (full you access the information collection, accuracy of the agency’s estimate of the scale January through September 2012). click on ‘‘Download Attachments ’’ to burden of the proposed collection of Changes since the last NPSAS collection view. Written requests for information information, including the validity of in 2008 include a new cohort of the BPS should be addressed to U.S. Department the methodology and assumptions used; which will conduct follow-up studies in of Education, 400 Maryland Avenue, (3) Enhance the quality, utility, and 2014 and 2017, and revised strata for SW., LBJ, Washington, DC 20202–4537. clarity of the information to be institution sampling to reflect the recent Requests may also be electronically collected; and (4) Minimize the burden growth in enrollment in for-profit 4-year mailed to the Internet address of the collection of information on those institutions. This submission requests [email protected] or faxed to 202– who are to respond, including through approval for conducting student 401–0920. Please specify the complete the use of appropriate automated, interviews, collecting student records, title of the information collection and electronic, mechanical, or other and file matching for NPSAS:12 as part OMB Control Number when making technological collection techniques or of the 2011 field test and a 60-day your request. other forms of information technology. Federal Register public notice waiver Individuals who use a Dated: January 19, 2011. for the 2012 full-scale study. telecommunications device for the deaf Darrin A. King, Requests for copies of the information (TDD) may call the Federal Information Director, Information Collection Clearance collection submission for OMB review Relay Service (FIRS) at 1–800–877– Division, Regulatory Information may be accessed from the RegInfo.gov 8339. Management Services, Office of Management. Web site at http://www.reginfo.gov/ [FR Doc. 2011–1354 Filed 1–21–11; 8:45 am] public/do/PRAMain or from the Institute of Education Sciences BILLING CODE 4000–01–P Department’s Web site at http:// Type of Review: Revision. edicsweb.ed.gov, by selecting the Title of Collection: 2011–12 National ‘‘Browse Pending Collections’’ link and DEPARTMENT OF EDUCATION Postsecondary Student Aid Study by clicking on link number 4393. When (NPSAS:12) Field Test Student Data you access the information collection, Notice of Submission for OMB Review Collection. click on ‘‘Download Attachments ’’ to OMB Control Number: 1850–0666. view. Written requests for information AGENCY: Department of Education. Agency Form Number(s): N/A. should be addressed to U.S. Department ACTION: Comment request. Frequency of Responses: Annually. of Education, 400 Maryland Avenue, Affected Public: Individuals or SW., LBJ, Washington, DC 20202–4537. SUMMARY: The Director, Information households; Businesses or other for- Requests may also be electronically Collection Clearance Division, profit; Not-for-profit institutions. mailed to the Internet address Regulatory Information Management Total Estimated Number of Annual [email protected] or faxed to 202– Services, Office of Management invites Responses: 4,093. 401–0920. Please specify the complete comments on the submission for OMB Total Estimated Annual Burden title of the information collection and review as required by the Paperwork Hours: 4,256. OMB Control Number when making Reduction Act of 1995 (Pub. L. 104–13). Abstract: National Postsecondary your request. DATES: Interested persons are invited to Student Aid Study (NPSAS), a Individuals who use a submit comments on or before February nationally representative study of how telecommunications device for the deaf 23, 2011. students and their families finance (TDD) may call the Federal Information

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Relay Service (FIRS) at 1–800–877– New York City, New York. The project appurtenant facilities for navigation 8339. does not affect Federal lands. safety and operation. The project is [FR Doc. 2011–1355 Filed 1–21–11; 8:45 am] g. Filed Pursuant to: Federal Power estimated to have an annual generation BILLING CODE 4000–01–P Act 16 U.S.C. 791(a)–828(c). of between 1,680 and 2,400 megawatt- h. Applicant Contact: Ronald F. hours. Smith, Verdant Power, LLC, The l. Locations of the Application: A Octagon, 888 Main Street, New York, DEPARTMENT OF ENERGY copy of the application is available for NY 10044; telephone (212) 888–8887 review at the Commission in the Public (extension 601). Reference Room or may be viewed on Federal Energy Regulatory i. FERC Contact: Timothy Konnert, Commission the Commission’s Web site at http:// (202) 502–6359 or www.ferc.gov using the ‘‘eLibrary’’ link. [Project No. 12611–005] [email protected]. Enter the docket number excluding the j. This application is not ready for last three digits in the docket number environmental analysis at this time. Verdant Power, LLC (Verdant); Notice field to access the document. For of Application Tendered for Filing With k. The Project Description: The primary project facilities would include: assistance, contact FERC Online the Commission and Establishing Support at Procedural Schedule for Licensing and (1) Three 35-kilowatt (kW), 5-meter- diameter axial flow Kinetic System [email protected] or toll- Deadline for Submission of Final free at 1–866–208–3676, or for TTY, Amendments turbine generator units mounted on a single triframe mount, with a total (202) 502–8659. A copy is also available January 13, 2011. installed capacity of 105 kW, in Phase for inspection and reproduction at the Take notice that the following 1; (2) nine additional 5-meter-diameter address in item (h) above. hydrokinetic pilot project license axial flow Kinetic System turbine m. You may also register online at application has been filed with the generator units mounted on three http://www.ferc.gov/docs-filing/ Commission and is available for public triframe mounts, with a total installed esubscription.asp to be notified via inspection. capacity of 420 kW, in Phase 2; (3) e-mail of new filings and issuances a. Type of Application: Pilot License. eighteen additional 5-meter-diameter related to this or other pending projects. b. Project No.: 12611–005. axial flow Kinetic System turbine For assistance, contact FERC Online c. Date Filed: December 29, 2010. generator units mounted on six triframe Support. d. Applicant: Verdant Power, LLC mounts, with a total installed capacity n. Procedural Schedule: (Verdant). of 1,050 kW, in Phase 3; (4) 480-volt The application will be processed e. Name of Project: Roosevelt Island underwater cables from each turbine to according to the following preliminary Tidal Energy (RITE) Project. five shoreline switchgear vaults that Hydro Licensing Schedule. Revisions to f. Location: The proposed project would interconnect to a control room the schedule may be made as would be located on the East River in and interconnection points; and (5) appropriate.

Milestone Target date

Filing of requested additional information ...... January 28, 2011. Commission issues REA notice ...... February 2, 2011. Filing of recommendations, preliminary terms and conditions, and preliminary fishway prescriptions ...... March 4, 2011. Commission issues Single EA ...... May 3, 2011. Comments on EA ...... June 2, 2011.

o. Final amendments to the DEPARTMENT OF ENERGY e. Name of Project: Oswegatchie River application must be filed with the Hydroelectric Project. Commission no later than 30 days from Federal Energy Regulatory f. Location: The existing multi- the issuance date of the notice of ready Commission development project is located on the for environmental analysis. Oswegatchie River in St. Lawrence [Project No. 2713–082] County, New York. The project does not Kimberly D. Bose, Erie Boulevard Hydropower, L.P.; affect Federal lands. Secretary. Notice of Application Tendered for g. Filed Pursuant to: Federal Power [FR Doc. 2011–1286 Filed 1–21–11; 8:45 am] Filing With the Commission and Act, 16 U.S.C. 791(a)–825(r). BILLING CODE 6717–01–P Establishing Procedural Schedule for h. Applicant Contact: Jon Elmer, Erie Licensing and Deadline for Boulevard Hydropower, L.P, 800 Submission of Final Amendments Starbuck Ave., Suite 802, Watertown, New York 13601, (315) 779–2401. January 13, 2011. i. FERC Contact: John Baummer, (202) Take notice that the following 502–6837 or [email protected]. hydroelectric application has been filed j. This application is not ready for with the Commission and is available environmental analysis at this time. for public inspection. k. The Project Description: The a. Type of Application: New Major existing Oswegatchie River License. Hydroelectric Project consists of six b. Project No.: 2713–082. developments with an installed capacity c. Date Filed: December 30, 2010. of 30.32 megawatts (MW) and an d. Applicant: Erie Boulevard average annual generation of 123,769 Hydropower, L.P. megawatt-hours. The six developments,

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listed from upstream to downstream, reservoir with a gross storage capacity of Eel Weir include: 1,003 acre-feet and a normal maximum The Eel Weir Development is located pool elevation of 845.2 feet msl; (4) a Browns Falls at river mile 5.1 of the Oswegatchie 46-foot-long gated intake structure River and consists of: (1) A 1,012-foot- The existing Browns Falls equipped with a trashrack with 2.5-inch Development is located at river mile long dam with a short earthen clear bar spacing; (5) a 10-foot-diameter, embankment and a 744-foot-long, 26- 96.9 of the Oswegatchie River and 1,106-foot-long fiberglass pipeline; (6) a consists of: (1) A 941-foot-long dam foot-high Ambursen spillway with a 51-foot-high surge tank; (7) a crest elevation of 272.0 feet msl; (2) a with a 192-foot-long, 69-foot-high submersible minimum-flow turbine- concrete gravity spillway with a crest 96-acre reservoir with a gross storage generator unit connected to the capacity of 136.0 acre-feet and a normal elevation of 1,347.0 feet above mean sea fiberglass pipeline, and a powerhouse level (msl) and equipped with 2-foot- maximum pool elevation of 272.0 feet containing three turbines directly msl; (3) a 117-foot-long gated intake high seasonal flash boards; (2) a 168- connected to three generating units for acre reservoir with a gross storage structure equipped with a trashrack a total installed capacity of 3.46 MW; (8) with 3.5-inch clear bar spacing; (4) a capacity of 3,234 acre-feet and a normal 75-foot-long, 480-volt and 3,917-foot- maximum pool elevation of 1349.0 feet powerhouse containing three turbines long, 2.4-kV transmission lines; and (9) directly connected to three generating msl; (3) a 62-foot-long gated intake appurtenant facilities. structure equipped with a trashrack units for a total installed capacity of 2.9 with 2.5-inch clear bar spacing; (4) a The pipeline and powerhouse bypass MW; (5) a 127-foot-long, 2.4-kV 12-foot-diameter, 6,000-foot-long steel about 1,500 feet of the Oswegatchie transmission line; and (6) appurtenant pipeline; (5) a 70-foot-high surge tank; River. facilities. The Browns Falls, Flat Rock, South (6) two 8-foot-diameter, 142-foot-long Oswegatchie steel penstocks; (7) a powerhouse Edwards, and Oswegatchie containing two turbines directly The Oswegatchie Development is developments operate to meet peak connected to two generating units for a located at river mile 86.6 of the demands for hydroelectric generation, total installed capacity of 16 MW; (8) a Oswegatchie River and consists of: (1) A while the Heuvelton and Eel Weir 123-foot-long, 6.6-kilovolt (kV) 160-foot-long dam with an 80-foot-long, developments typically operate in a run- transmission line; and (9) appurtenant 12-foot-high concrete gravity spillway of-river mode. With the exception of the facilities. with a crest elevation of 758.6 feet msl Oswegatchie Development, the current The steel pipeline, penstocks, and and equipped with a 10-foot-wide license does not restrict impoundment powerhouse bypass about 7,500 feet of notch; (2) a 6-acre reservoir with a gross fluctuations. The Oswegatchie the Oswegatchie River. storage capacity of 23 acre-feet and a Development operates with a maximum normal maximum pool elevation of drawdown of 0.4 feet on the Flat Rock 758.6 feet msl; (3) a 50-foot-long gated impoundment. The existing Flat Rock Development intake structure equipped with a The existing minimum flow is located at river mile 95.5 of the trashrack with 1-inch clear bar spacing; requirements for the project include: 30 Oswegatchie River and consists of: (1) A (4) two 6.5-foot-diameter, 90-foot-long cubic feet per second (cfs) between 568-foot-long dam and a 120-foot-long steel penstocks; (5) a powerhouse April 1 and September 30, and 15 cfs earthen embankment with a concrete containing two turbines directly between October 1 and May 31 in the core wall, and a 229-foot-long, 70-foot- connected to two generating units for a Browns Falls bypassed reach; 60 and 40 high concrete gravity spillway with a total installed capacity of 2 MW; (6) a cfs year-round in the South Edwards crest elevation of 1,080.0 feet msl; (2) a 2,227-foot-long, 2.4-kV transmission and Oswegatchie bypassed reaches, 159-acre reservoir with a gross storage line; and (7) appurtenant facilities. respectively; 160 cfs (or inflow, capacity of 2,646 acre-feet and a normal whichever is less) year-round in the Flat The penstocks and powerhouse maximum pool elevation of 1,080.0 feet Rock, South Edwards, and Oswegatchie bypass about 350 feet of the msl; (3) a 66-foot-long gated intake tailraces, respectively; and 275 and 325 Oswegatchie River. structure equipped with a trashrack cfs (or inflow, whichever is less) year- with 2.5-inch clear bar spacing; (4) a Heuvelton round in the Heuvelton and Eel Weir powerhouse containing two turbines tailraces, respectively. directly connected to two generating The Heuvelton Development is The applicant, concerned agencies, units for a total installed capacity of located at river mile 12 of the and non-governmental organizations are 5 MW; (5) a 30-foot-long, 2.4-kV Oswegatchie River and consists of: (1) A currently discussing a settlement transmission line; and (6) appurtenant 285-foot-long, 19-foot-high concrete agreement that would require Erie facilities. gravity dam with a crest elevation of Boulevard Hydropower to implement 276.5 feet msl and equipped with two various environmental enhancement South Edwards 10.9-foot-high inflatable rubber bladder measures at the project developments. The existing South Edwards gates and four 10.5-foot-high tainter l. Locations of the Application: A Development is located at river mile gates; (2) a 239-acre reservoir with a copy of the application is available for 87.1 of the Oswegatchie River and gross storage capacity of 405 acre-feet review at the Commission in the Public consists of: (1) A 200-foot-long dam and a normal maximum pool elevation Reference Room or may be viewed on with a 88-foot-long, 48-foot-high of 286.2 feet msl; (3) a 70-foot-long gated the Commission’s Web site at http:// concrete gravity spillway with a crest intake structure equipped with a www.ferc.gov using the ‘‘eLibrary’’ link. elevation of 843.2 feet msl and mounted trashracks with 3.5-inch clear bar Enter the docket number excluding the with 2-foot-high seasonal flash boards; spacing; (4) a powerhouse containing last three digits in the docket number (2) 510-foot-long and 240-foot-long two turbines directly connected to two field to access the document. For earthen dikes located along the south generating units for a total installed assistance, contact FERC Online bank of the reservoir, with a concrete capacity of 0.96 MW; (5) a 62-foot-long, Support at core walls and partially equipped with 2.4-kV transmission line; and (6) [email protected] or toll- 10-inch-high flashboards; (3) a 79.2-acre appurtenant facilities. free at 1–866–208–3676, or for TTY,

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(202) 502–8659. A copy is also available holder to perform any land-disturbing link of Commission’s Web site at for inspection and reproduction at the activities or otherwise enter upon lands http://www.ferc.gov/docs-filing/ address in item (h) above. or waters owned by others without the elibrary.asp. Enter the docket number m. You may also register online at owners’ express permission. (P–13948–000) in the docket number http://www.ferc.gov/docs-filing/ The proposed project would consist of field to access the document. For esubscription.asp to be notified via e- the following: (1) A 8-foot-high, 60-foot- assistance, contact FERC Online mail of new filings and issuances long diversion weir and intake Support. related to this or other pending projects. structure; (2) an impoundment having a For assistance, contact FERC Online total storage capacity of one acre-foot at Kimberly D. Bose, Support. a normal maximum operating elevation Secretary. n. Procedural Schedule: The of 2,221 feet mean sea level; (3) a 6,288- [FR Doc. 2011–1281 Filed 1–21–11; 8:45 am] application will be processed according foot-long, 38-inch-diameter buried BILLING CODE 6717–01–P to the following preliminary Hydro pressure penstock; (4) a 2,600-square- Licensing Schedule. Revisions to the foot powerhouse containing a single schedule may be made as appropriate. turbine/generator unit with an installed DEPARTMENT OF ENERGY capacity of 6.0 megawatts; (5) a 148- Milestone Target date foot-long, 10-foot-wide rip-rap open Federal Energy Regulatory channel tailrace; (6) a switchyard Commission Notice of Acceptance/ February 28, 2011. containing a 4.16/34.5 three-phase step- Combined Notice of Filings No. 2 Notice of Ready for up transformer; (7) a 13,200-foot-long, Environmental Anal- ysis. 34.5 kilovolt three-phase buried January 18, 2011. Filing of recommenda- April 28, 2011 transmission line and (8) appurtenant Take notice that the Commission has tions, preliminary facilities. The estimated annual received the following Natural Gas terms and conditions, generation of the project would be Pipeline Rate and Refund Report filings: and fishway prescrip- 20,717.8 megawatt-hours. Docket Numbers: RP06–298–013. tions. Applicant Contact: Mr. Kim D. Moore, Commission issues EA August 2011. Applicants: Public Service Assistant General Manager of Commission of New York v. Comments on EA ...... September 2011. Generation Resources; Public Utility No. Modified terms and November 2011. Description: Semi-Annual Report of 1 of Snohomish County; 2320 California Operational Sales of Gas for the period conditions. Street; Everett, WA 98201; phone: 425– of 07/01/10–12/21/10 of National Fuel 783–8606. o. Final amendments to the Gas Supply Corporation. FERC Contact: Kelly Wolcott; phone: application must be filed with the Filed Date: 01/13/2011. (202) 502–6480. Commission no later than 30 days from Deadline for filing comments, motions Accession Number: 20110113–5071. the issuance date of the notice of ready to intervene, competing applications Comment Date: 5 p.m. Eastern Time for environmental analysis. (without notices of intent), or notices of on Tuesday, January 25, 2011. Kimberly D. Bose, intent to file competing applications: 60 Docket Numbers: RP10–778–002. Applicants: Stingray Pipeline Secretary. days from the issuance of this notice. Company, L.L.C. [FR Doc. 2011–1285 Filed 1–21–11; 8:45 am] Competing applications and notices of intent must meet the requirements of 18 Description: Stingray Pipeline BILLING CODE 6717–01–P CFR 4.36. Comments, motions to Company, L.L.C. submits tariff filing per intervene, notices of intent, and 154.203: Baseline Compliance Filing to DEPARTMENT OF ENERGY competing applications may be filed be effective 6/30/2010. electronically via the Internet. See 18 Filed Date: 01/13/2011. Federal Energy Regulatory CFR 385.2001(a)(1)(iii) and the Accession Number: 20110113–5111. Commission instructions on the Commission’s Web Comment Date: 5 p.m. Eastern Time site http://www.ferc.gov/docs-filing/ on Tuesday, January 25, 2011. [Project No. 13948–000] efiling.asp. Commenters can submit Docket Numbers: RP11–1605–001. Public Utility No. 1 of Snohomish brief comments up to 6,000 characters, Applicants: Algonquin Gas County; Notice of Preliminary Permit without prior registration, using the Transmission, LLC. Application Accepted for Filing and eComment system at http:// Description: Algonquin Gas Soliciting Comments, Motions To www.ferc.gov/docs-filing/ Transmission, LLC submits tariff filing Intervene, and Competing Applications ecomment.asp. You must include your per 154.203: OFO Compliance Filing (2) name and contact information at the end to be effective 1/8/2011. January 14, 2011. of your comments. For assistance, Filed Date: 01/13/2011. On December 20, 2010, the Public please contact FERC Online Support at Accession Number: 20110113–5123. Utility No. 1 of Snohomish County, filed [email protected] or toll Comment Date: 5 p.m. Eastern Time an application for a preliminary permit, free at 1–866–208–3676, or for TTY, on Tuesday, January 25, 2011. pursuant to section 4(f) of the Federal (202) 502–8659. Although the Docket Numbers: RP10–1371–001. Power Act (FPA), proposing to study the Commission strongly encourages Applicants: Caledonia Energy feasibility of the Calligan Creek electronic filing, documents may also be Partners, L.L.C. Hydroelectric Project (project) to be paper-filed. To paper-file, mail an Description: Caledonia Energy located on Calligan Creek, near North original and seven copies to: Kimberly Partners, L.L.C. submits tariff filing per Bend in King County, Washington. The D. Bose, Secretary, Federal Energy 154.203: Caledonia Energy Partners sole purpose of a preliminary permit, if Regulatory Commission, 888 First Baseline Tariff to be effective 9/30/2010. issued, is to grant the permit holder Street, NE., Washington, DC 20426. Filed Date: 01/14/2011. priority to file a license application More information about this project, Accession Number: 20110114–5149. during the permit term. A preliminary including a copy of the application, can Comment Date: 5 p.m. Eastern Time permit does not authorize the permit be viewed or printed on the ‘‘eLibrary’’ on Wednesday, January 26, 2011.

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Docket Numbers: RP10–669–002. Applicants: BP Wind Energy North Description: Midwest Independent Applicants: Kinder Morgan Illinois America Inc., Dominion Fowler Ridge Transmission System Operator, Inc. Pipeline LLC. Wind II, LLC. submits tariff filing per 35.17(b): G252 Description: Kinder Morgan Illinois Description: Application of BP Wind Amendment Filing (2) (1–12–11) to be Pipeline LLC submits tariff filing per Energy North America Inc. and effective 10/14/2010. 154.203: Order No. 714 Baseline Dominion Fowler Ridge Wind II, LLC, Filed Date: 01/12/2011. Compliance Filing to be effective 2/14/ for Transaction Approval Pursuant to Accession Number: 20110112–5046. 2011. Federal Power Action Section 203. Comment Date: 5 p.m. Eastern Time Filed Date: 01/14/2011. Filed Date: 01/13/2011. on Wednesday, February 2, 2011. Accession Number: 20110113–5052. Accession Number: 20110114–5049. Docket Numbers: ER11–2010–000. Comment Date: 5 p.m. Eastern Time Applicants: J.D. Wind 4, LLC. Comment Date: 5 p.m. Eastern Time on Thursday, February 3, 2011. Description: J.D. Wind 4, LLC submits on Wednesday, January 26, 2011. Take notice that the Commission tariff filing per 35.12: Market-Based Rate Any person desiring to protest this received the following exempt Baseline Filing to be effective filing must file in accordance with Rule wholesale generator filings: 11/1/2010. 211 of the Commission’s Rules of Docket Numbers: EG11–45–000. Filed Date: 11/02/2010. Practice and Procedure (18 CFR Accession Number: 20101102–5110. 385.211). Protests to this filing will be Applicants: Elk Wind Energy LLC. Description: Self-Certification of EG or Comment Date: 5 p.m. Eastern Time considered by the Commission in on Monday, January 24, 2011. determining the appropriate action to be FC of Elk Wind Energy LLC. Filed Date: 01/13/2011. Docket Numbers: ER10–2487–001. taken, but will not serve to make Applicants: Pacific Summit Energy protestants parties to the proceeding. Accession Number: 20110113–5021. Comment Date: 5 p.m. Eastern Time LLC. Such protests must be filed on or before Description: Pacific Summit Energy 5 p.m. Eastern time on the specified on Thursday, February 3, 2011. Take notice that the Commission LLC submits tariff filing per 35: Pacific comment date. Anyone filing a protest Summit Supplemental Baseline Tariff to must serve a copy of that document on received the following electric rate filings: be effective 8/31/2010. all the parties to the proceeding. Filed Date: 01/12/2011. The Commission encourages Docket Numbers: ER05–1178–015; Accession Number: 20110112–5143. electronic submission of protests in lieu ER09–838–001. Comment Date: 5 p.m. Eastern Time of paper using the ‘‘eFiling’’ link at Applicants: Gila River Power LP, on Wednesday, February 2, 2011. Entegra Power Services LLC. http://www.ferc.gov. Persons unable to Docket Numbers: ER11–2030–001. file electronically should submit an Description: Second Supplement to Applicants: Hinson Power Company, original and 14 copies of the protest to Updated Market Power Analysis for LLC. the Federal Energy Regulatory Continued Market-Based Rate Authority Description: Hinson Power Company, Commission, 888 First Street, NE., in Compliance with Order No. 697. LLC submits tariff filing per 35: Hinson Washington, DC 20426. Filed Date: 01/12/2011. Baseline Tariff Compliance Filing to be This filing is accessible on-line at Accession Number: 20110112–5155. effective 11/3/2010. http://www.ferc.gov, using the Comment Date: 5 p.m. Eastern Time Filed Date: 01/12/2011. ‘‘eLibrary’’ link and is available for on Wednesday, February 2, 2011. Accession Number: 20110112–5096. review in the Commission’s Public Docket Numbers: ER08–836–002; Comment Date: 5 p.m. Eastern Time Reference Room in Washington, DC. ER10–3049–001; ER10–3051–001. on Wednesday, February 2, 2011. There is an ‘‘eSubscription’’ link on the Applicants: Champion Energy Docket Numbers: ER11–2153–001. Web site that enables subscribers to Marketing LLC, Champion Energy Applicants: PacifiCorp. receive e-mail notification when a Services, LLC, Champion Energy, LLC. Description: PacifiCorp submits tariff document is added to a subscribed Description: Substitute Notice of filing per 35.17(b): BPA Cooperative docket(s). For assistance with any FERC Change in Status of Champion Energy Communications Agreement Amended Online service, please e-mail Marketing, LLC, et al. Filing to be effective 10/1/2010. [email protected], or call Filed Date: 01/12/2011. Filed Date: 01/12/2011. (866) 208–3676 (toll free). For TTY, call Accession Number: 20110112–5145. Accession Number: 20110112–5090. (202) 502–8659. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Wednesday, February 2, 2011. Nathaniel J. Davis, Sr., on Wednesday, February 2, 2011. Docket Numbers: ER10–1790–001; Deputy Secretary. Docket Numbers: ER11–2195–001. ER11–2029–002; ER10–1821–002; Applicants: Midwest Independent [FR Doc. 2011–1293 Filed 1–21–11; 8:45 am] ER10–2598–001. Transmission System Operator, Inc. BILLING CODE 6717–01–P Applicants: BP Energy Company, Description: Midwest Independent Rolling Thunder I Power Partners, LLC, Transmission System Operator, Inc. Goshen Phase II LLC, Cedar Creek II, DEPARTMENT OF ENERGY submits tariff filing per 35.17(b): R23 LLC. Amendment (2) to be effective Federal Energy Regulatory Description: Supplemental 11/30/2010. Commission Information of Rolling Thunder I Power Filed Date: 01/12/2011. Partners, LLC. Accession Number: 20110112–5059. Combined Notice of Filings #1 Filed Date: 01/12/2011. Comment Date: 5 p.m. Eastern Time Accession Number: 20110112–5154. on Wednesday, February 2, 2011. January 13, 2011. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER11–2501–001. Take notice that the Commission on Wednesday, February 2, 2011. Applicants: Rolling Thunder I Power received the following electric corporate Docket Numbers: ER11–93–002. Partners, LLC. filings: Applicants: Midwest Independent Description: Rolling Thunder I Power Docket Numbers: EC11–36–000. Transmission System Operator, Inc. Partners, LLC submits tariff filing per

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35.17(b): MBR Tariff Filing of Rolling Filed Date: 01/13/2011. facility self-certifications or self- Thunder I Power Partners, LLC to be Accession Number: 20110113–5054. recertifications. Any person seeking to effective 3/13/2011. Comment Date: 5 p.m. Eastern Time challenge such qualifying facility status Filed Date: 01/12/2011. on Thursday, February 3, 2011. may do so by filing a motion pursuant Accession Number: 20110112–5142. Docket Numbers: ER11–2678–000. to 18 CFR 292.207(d)(iii). Intervention Comment Date: 5 p.m. Eastern Time Applicants: PJM Interconnection, and protests may be filed in response to on Wednesday, February 2, 2011. L.L.C., The Potomac Edison Company. notices of qualifying facility dockets Docket Numbers: ER11–2670–000. Description: PJM Interconnection, other than self-certifications and self- Applicants: Occidental Chemical L.L.C. submits tariff filing per recertifications. Corporation. 35.13(a)(2)(iii: Amended and Restated The Commission encourages Description: Occidental Chemical ISA No. 2524 between Potomac Edison electronic submission of protests and Corporation submits tariff filing per Co. and Old Dominion to be effective interventions in lieu of paper, using the 35.13(a)(2)(iii: Revised Market-Based 1/1/2011. FERC Online links at http:// Rate Tariff to be effective 1/13/2011. Filed Date: 01/13/2011. www.ferc.gov. To facilitate electronic Filed Date: 01/12/2011. Accession Number: 20110113–5057. service, persons with Internet access Accession Number: 20110112–5060. Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be Comment Date: 5 p.m. Eastern Time on Thursday, February 3, 2011. listed as a contact for an intervenor on Wednesday, February 2, 2011. Take notice that the Commission must create and validate an eRegistration account using the Docket Numbers: ER11–2671–000. received the following electric securities filings: eRegistration link. Select the eFiling Applicants: Fore River Development, link to log on and submit the LLC. Docket Numbers: ES11–4–000. Applicants: Entergy Louisiana, LLC. intervention or protests. Description: Fore River Development, Persons unable to file electronically LLC submits tariff filing per 35.15: Description: Amendment to Application for Authorization to should submit an original and 14 copies Notice of Cancellation to be effective of the intervention or protest to the 1/13/2011. consent to Borrowing in connection with Nuclear Fuel Lease and Request for Federal Energy Regulatory Commission, Filed Date: 01/12/2011. 888 First St., NE., Washington, DC Accession Number: 20110112–5108. Waiver of Competitive Bidding Requirements of Entergy Louisiana, 20426. Comment Date: 5 p.m. Eastern Time The filings in the above proceedings on Wednesday, February 2, 2011. LLC. Filed Date: 01/12/2011. are accessible in the Commission’s Docket Numbers: ER11–2672–000. Accession Number: 20110112–5160. eLibrary system by clicking on the Applicants: Mystic I, LLC. Comment Date: 5 p.m. Eastern Time appropriate link in the above list. They Description: Mystic I, LLC submits on Monday, January 24, 2011. are also available for review in the tariff filing per 35.15: Notice of Commission’s Public Reference Room in Any person desiring to intervene or to Cancellation to be effective 1/13/2011. Washington, DC. There is an protest in any of the above proceedings Filed Date: 01/12/2011. eSubscription link on the Web site that must file in accordance with Rules 211 Accession Number: 20110112–5116. enables subscribers to receive e-mail and 214 of the Commission’s Rules of Comment Date: 5 p.m. Eastern Time notification when a document is added Practice and Procedure (18 CFR 385.211 on Wednesday, February 2, 2011. to a subscribed docket(s). For assistance and 385.214) on or before 5 p.m. Eastern with any FERC Online service, please Docket Numbers: ER11–2673–000. Time on the specified comment date. It e-mail [email protected] or Applicants: Boston Generating, LLC. is not necessary to separately intervene call (866) 208–3676 (toll free). For TTY, Description: Boston Generating, LLC again in a subdocket related to a call (202) 502–8659. submits tariff filing per 35.15: Notice of compliance filing if you have previously Cancellation to be effective 1/13/2011. intervened in the same docket. Protests Nathaniel J. Davis, Sr., Filed Date: 01/12/2011. will be considered by the Commission Deputy Secretary. Accession Number: 20110112–5122. in determining the appropriate action to Comment Date: 5 p.m. Eastern Time [FR Doc. 2011–1310 Filed 1–21–11; 8:45 am] be taken, but will not serve to make BILLING CODE 6717–01–P on Wednesday, February 2, 2011. protestants parties to the proceeding. Docket Numbers: ER11–2674–000. Anyone filing a motion to intervene or Applicants: Mystic Development, protest must serve a copy of that DEPARTMENT OF ENERGY LLC. document on the Applicant. In reference Description: Mystic Development, to filings initiating a new proceeding, Federal Energy Regulatory LLC submits tariff filing per 35.15: interventions or protests submitted on Commission Notice of Succession to be effective or before the comment deadline need Combined Notice of Filings 1/13/2011. not be served on persons other than the Filed Date: 01/12/2011. Applicant. January 13, 2011. Accession Number: 20110112–5141. As it relates to any qualifying facility Take notice that the Commission has Comment Date: 5 p.m. Eastern Time filings, the notices of self-certification received the following Natural Gas on Wednesday, February 2, 2011. [or self-recertification] listed above, do Pipeline Rate and Refund Report filings: Docket Numbers: ER11–2677–000. not institute a proceeding regarding Docket Numbers: RP10–1001–001. Applicants: Southwest Power Pool, qualifying facility status. A notice of Applicants: Tres Palacios Gas Storage Inc. self-certification [or self-recertification] LLC. Description: Southwest Power Pool, simply provides notification that the Description: Tres Palacios Gas Storage Inc. submits tariff filing per entity making the filing has determined LLC submits tariff filing per 154.203: 35.13(a)(2)(iii: 1617R2 Kansas Power the facility named in the notice meets Tres Palacios Gas Storage—Address Pool NITSA and NOA (formerly Docket the applicable criteria to be a qualifying Change to be effective 2/7/2011. No. ER10–1697) to be effective facility. Intervention and/or protest do Filed Date: 01/07/2011. 7/30/2010. not lie in dockets that are qualifying Accession Number: 20110107–5087.

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Comment Date: 5 p.m. Eastern Time DEPARTMENT OF ENERGY organize their comments. Reply on Wednesday, January 19, 2011. comments may be submitted on or Docket Numbers: RP10–1404–001. Federal Energy Regulatory before March 16, 2011. Commission Applicants: High Island Offshore Commission conferences are System, L.L.C. [Docket No. RM11–2–000] accessible under section 508 of the Description: High Island Offshore Rehabilitation Act of 1973. For System, L.L.C. submits tariff filing per Smart Grid Interoperability Standards; accessibility accommodations please 154.203: Baseline Compliance Filing to Supplemental Notice of Technical send an e-mail to [email protected] be effective 9/30/2010. Conference or call toll free 1–866–208–3372 (voice) or 202–208–8659 (TTY); or send a Fax Filed Date: 01/13/2011. January 13, 2011. to 202–208–2106 with the required Accession Number: 20110113–5024. On December 21, 2010, the Federal accommodations. Comment Date: 5 p.m. Eastern Time Energy Regulatory Commission For more information on this on Tuesday, January 25, 2011. announced that a Technical Conference conference, please contact Sandra Docket Numbers: RP11–1580–001. on Smart Grid Interoperability Waldstein at [email protected] Applicants: Williston Basin Interstate Standards will be held on Monday, or (202) 502–8092, Ray Palmer at Pipeline Company. January 31, 2011, beginning at 1 p.m. [email protected] or (202) 502–6569, Description: Williston Basin Interstate (EST). The staff-led conference will be or Annabelle Lee at Pipeline Company submits tariff filing held in the Commission Meeting Room [email protected] or (202) 502– per 154.203: Capacity Release Rewrite at the Commission’s headquarters at 888 8709. Compliance Filing to be effective First Street, NE., Washington, DC 20426. Kimberly D. Bose, 1/1/2011. The conference will be open for the Filed Date: 01/13/2011. public to attend and advance Secretary. Accession Number: 20110113–5022. registration is not required. Members of [FR Doc. 2011–1280 Filed 1–21–11; 8:45 am] the Commission may attend the Comment Date: 5 p.m. Eastern Time BILLING CODE 6717–01–P conference. on Tuesday, January 25, 2011. As described in the earlier notice, the Any person desiring to protest this purpose of the technical conference is to DEPARTMENT OF ENERGY filing must file in accordance with Rule obtain further information to aid the 211 of the Commission’s Rules of Commission’s determination of whether Federal Energy Regulatory Practice and Procedure (18 CFR there is ‘‘sufficient consensus’’ that the Commission 385.211). Protests to this filing will be five families of standards posted by the [Docket No. PR11–80–000] considered by the Commission in National Institute of Standards and determining the appropriate action to be Technology are ready for Commission Washington 10 Storage Corporation; taken, but will not serve to make consideration in a rulemaking Notice of Filing protestants parties to the proceeding. proceeding, as directed by section Such protests must be filed on or before 1305(d) of the Energy Independence and January 13, 2011. 5 p.m. Eastern time on the specified Security Act of 2007. Take notice that on January 12, 2011, comment date. Anyone filing a protest Attached to this supplemental notice Washington 10 Storage Corporation must serve a copy of that document on is an agenda for the conference. If any filed a revised Statement of Operating all the parties to the proceeding. changes are made, the revised agenda Conditions (SOC) to correct The Commission encourages will be posted prior to the event on the typographical errors contained in its electronic submission of protests in lieu Calendar of Events on the Commission’s January 4, 2011, SOC filing in Docket of paper using the ‘‘eFiling’’ link at Web site, http://www.ferc.gov. No. PR11–78–000 as more fully http://www.ferc.gov. Persons unable to The conference will be Webcast. described in the filing. file electronically should submit an Anyone with Internet access who Any person desiring to participate in original and 14 copies of the protest to desires to listen to this event can do so this rate filing must file in accordance the Federal Energy Regulatory by navigating to the Calendar of Events with Rules 211 and 214 of the Commission, 888 First Street, NE., on the Commission’s web site and Commission’s Rules of Practice and Washington, DC 20426. locating this event in the Calendar. The Procedure (18 CFR 385.211 and This filing is accessible on-line at event will contain a link to the webcast. 385.214). Protests will be considered by http://www.ferc.gov, using the The Capitol Connection provides the Commission in determining the ‘‘eLibrary’’ link and is available for technical support for webcasts and appropriate action to be taken, but will review in the Commission’s Public offers the option of listening to the not serve to make protestants parties to Reference Room in Washington, DC. meeting via phone-bridge for a fee. If the proceeding. Any person wishing to There is an ‘‘eSubscription’’ link on the you have any questions, visit http:// become a party must file a notice of Web site that enables subscribers to www.CapitolConnection.org or call 703– intervention or motion to intervene, as receive e-mail notification when a 993–3100. appropriate. Such notices, motions, or document is added to a subscribed A transcript of the conference will be protests must be filed on or before the docket(s). For assistance with any FERC immediately available from Ace date as indicated below. Anyone filing Online service, please e-mail Reporting Company (202–347–3700 or an intervention or protest must serve a [email protected], or call 1–800–336–6646) for a fee. copy of that document on the Applicant. (866) 208–3676 (toll free). For TTY, call All interested parties are invited to Anyone filing an intervention or protest (202) 502–8659. file written comments on or before on or before the intervention or protest March 2, 2011 that relate to the issues date need not serve motions to intervene Nathaniel J. Davis, Sr., discussed during the technical or protests on persons other than the Deputy Secretary. conference. Commenters are encouraged Applicant. [FR Doc. 2011–1292 Filed 1–21–11; 8:45 am] to use the questions presented in the The Commission encourages BILLING CODE 6717–01–P attached agenda for the conference to electronic submission of protests and

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interventions in lieu of paper using the should submit an original and 14 copies 888 First Street, NE., Washington, DC ‘‘eFiling’’ link at http://www.ferc.gov. of the protest or intervention to the 20426. Persons unable to file electronically Federal Energy Regulatory Commission, This filing is accessible on-line at should submit an original and 7 copies 888 First Street, NE., Washington, DC http://www.ferc.gov, using the of the protest or intervention to the 20426. ‘‘eLibrary’’ link and is available for Federal Energy Regulatory Commission, This filing is accessible on-line at review in the Commission’s Public 888 First Street, NE., Washington, DC http://www.ferc.gov, using the Reference Room in Washington, DC. 20426. ‘‘eLibrary’’ link and is available for There is an ‘‘eSubscription’’ link on the This filing is accessible on-line at review in the Commission’s Public Web site that enables subscribers to http://www.ferc.gov, using the Reference Room in Washington, DC. receive e-mail notification when a ‘‘eLibrary’’ link and is available for There is an ‘‘eSubscription’’ link on the document is added to a subscribed review in the Commission’s Public Web site that enables subscribers to docket(s). For assistance with any FERC Reference Room in Washington, DC. receive e-mail notification when a Online service, please e-mail There is an ‘‘eSubscription’’ link on the document is added to a subscribed [email protected], or call Web site that enables subscribers to docket(s). For assistance with any FERC (866) 208–3676 (toll free). For TTY, call receive e-mail notification when a Online service, please e-mail (202) 502–8659. document is added to a subscribed [email protected], or call Comment Date: February 14, 2011. docket(s). For assistance with any FERC (866) 208–3676 (toll free). For TTY, call Kimberly D. Bose, Online service, please e-mail (202) 502–8659. Secretary. [email protected], or call Comment Date: February 14, 2011. (866) 208–3676 (toll free). For TTY, call [FR Doc. 2011–1283 Filed 1–21–11; 8:45 am] (202) 502–8659. Kimberly D. Bose, BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time Secretary. on Friday, January 21, 2011. [FR Doc. 2011–1282 Filed 1–21–11; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Kimberly D. Bose, Secretary. Federal Energy Regulatory [FR Doc. 2011–1287 Filed 1–21–11; 8:45 am] DEPARTMENT OF ENERGY Commission BILLING CODE 6717–01–P [Docket No. EL08–32–000] Federal Energy Regulatory Commission Central Minnesota Municipal Power DEPARTMENT OF ENERGY Agency, Midwest Municipal [Docket No. AC11–24–000] Transmission Group; Notice of Filing Federal Energy Regulatory Commission Fayetteville Express Pipeline LLC; January 13, 2011. Take notice that, on January 11, 2011, [Docket No. AC11–25–000] Notice of Filing Central Minnesota Municipal Power ETC Tiger Pipeline, LLC; Notice of January 13, 2010. Agency and Midwest Municipal Filing Take notice that on December 30, Transmission Group submitted an 2010, Fayetteville Express Pipeline LLC amendment to a petition for a January 13, 2011. submitted a request for a waiver of the declaratory order filed on December 31, Take notice that on December 30, reporting requirement to file the FERC 2007, as amended on January 25, 2010, 2010, ETC Tiger Pipeline, LLC Form 2 for 2010. in the above-referenced proceeding. submitted a request for a waiver of the Any person desiring to intervene or to Any person desiring to intervene or to reporting requirement to file the FERC protest this filing must file in protest this filing must file in Form 2 for 2010. accordance with Rules 211 and 214 of accordance with Rules 211 and 214 of Any person desiring to intervene or to the Commission’s Rules of Practice and the Commission’s Rules of Practice and protest this filing must file in Procedure (18 CFR 385.211 or 385.214). Procedure (18 CFR 385.211, 385.214). accordance with Rules 211 and 214 of Protests will be considered by the Protests will be considered by the the Commission’s Rules of Practice and Commission in determining the Commission in determining the Procedure (18 CFR 385.211 or 385.214). appropriate action to be taken, but will appropriate action to be taken, but will Protests will be considered by the not serve to make protestants parties to not serve to make protestants parties to Commission in determining the the proceeding. Any person wishing to the proceeding. Any person wishing to appropriate action to be taken, but will become a party must file a notice of become a party must file a notice of not serve to make protestants parties to intervention or motion to intervene, as intervention or motion to intervene, as the proceeding. Any person wishing to appropriate. Such notices, motions, or appropriate. Such notices, motions, or become a party must file a notice of protests must be filed on or before the protests must be filed on or before the intervention or motion to intervene, as comment date. On or before the comment date. Anyone filing a motion appropriate. Such notices, motions, or comment date, it is not necessary to to intervene or protest must serve a copy protests must be filed on or before the serve motions to intervene or protests of that document on the Applicant and comment date. On or before the on persons other than the Applicant. all the parties in this proceeding. comment date, it is not necessary to The Commission encourages The Commission encourages serve motions to intervene or protests electronic submission of protests and electronic submission of protests and on persons other than the Applicant. interventions in lieu of paper using the interventions in lieu of paper using the The Commission encourages ‘‘eFiling’’ link at http://www.ferc.gov. ‘‘eFiling’’ link at http://www.ferc.gov. electronic submission of protests and Persons unable to file electronically Persons unable to file electronically interventions in lieu of paper using the should submit an original and 14 copies should submit an original and 14 copies ‘‘eFiling’’ link at http://www.ferc.gov. of the protest or intervention to the of the protest or intervention to the Persons unable to file electronically Federal Energy Regulatory Commission, Federal Energy Regulatory Commission,

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888 First Street, NE., Washington, DC date need not serve motions to intervene 300 Gravier Street, New Orleans, 20426. or protests on persons other than the LA) This filing is accessible on-line at Applicant. Æ April 14 (Crowne Plaza Hotel, 123 http://www.ferc.gov, using the The Commission encourages W. Louisiana Street, Indianapolis, ‘‘eLibrary’’ link and is available for electronic submission of protests and IN) review in the Commission’s Public interventions in lieu of paper using the Æ June 16 Reference Room in Washington, DC. ‘‘eFiling’’ link at http://www.ferc.gov. Æ August 18 (St. Paul Hotel, 350 There is an ‘‘eSubscription’’ link on the Persons unable to file electronically Market St., St. Paul, MN) Web site that enables subscribers to should submit an original and 7 copies Æ October 20 receive e-mail notification when a of the protest or intervention to the Æ December 8 document is added to a subscribed Federal Energy Regulatory Commission, • Board of Directors Markets Committee docket(s). For assistance with any FERC 888 First Street, NE., Washington, DC (8 a.m.–10 a.m., Local Time) Online service, please e-mail 20426. Æ February 23 (Windsor Court Hotel, [email protected] or call This filing is accessible on-line at 300 Gravier Street, New Orleans, (866) 208–3676 (toll free). For TTY, call http://www.ferc.gov, using the LA) (202) 502–8659. ‘‘eLibrary’’ link and is available for Æ March 16 Comment Date: January 27, 2011. review in the Commission’s Public Æ April 13 (Crowne Plaza Hotel, 123 Reference Room in Washington, DC. W. Louisiana Street, Indianapolis, Kimberly D. Bose, There is an ‘‘eSubscription’’ link on the IN) Secretary. Web site that enables subscribers to Æ May 18 [FR Doc. 2011–1284 Filed 1–21–11; 8:45 am] receive e-mail notification when a Æ June 15 BILLING CODE 6717–01–P document is added to a subscribed Æ July 20 docket(s). For assistance with any FERC Æ August 17 (St. Paul Hotel, 350 Online service, please e-mail Market St., St. Paul, MN) DEPARTMENT OF ENERGY [email protected], or call Æ September 14 (866) 208–3676 (toll free). For TTY, call Æ October 19 Federal Energy Regulatory Æ November 16 Commission (202) 502–8659. Comment Date: 5 p.m. Eastern Time Æ December 6 [Docket No. PR11–81–000] on Friday, January 21, 2011. • Midwest ISO Informational Forum (3 p.m.–5 p.m., Local Time) The East Ohio Gas Company; Notice of Kimberly D. Bose, Æ January 18 Petition for Rate Approval Secretary. Æ February 15 [FR Doc. 2011–1288 Filed 1–21–11; 8:45 am] Æ March 15 January 13, 2011. BILLING CODE 6717–01–P Æ April 19 Take notice that on January 12, 2011, Æ May 17 The East Ohio Gas Company (East Ohio) Æ June 14 filed a petition pursuant to section DEPARTMENT OF ENERGY Æ July 19 284.123(b)(1) of the Commission’s Æ August 16 (St. Paul Hotel, 350 regulations. East Ohio states that it Federal Energy Regulatory Market St., St. Paul, MN) proposes to update its rates for interstate Commission Æ September 13 interruptible transportation service Æ October 18 using the currently effective rates Notice of Commission Staff Æ November 15 approved by the Public Utilities Attendance at Midwest ISO Meetings Æ December 13 • Commission of Ohio for comparable January 13, 2011. Midwest ISO Market Subcommittee intrastate transportation service; and The Federal Energy Regulatory (9 a.m.–5 p.m., Local Time) (2) to update East Ohio’s Operating Æ Commission hereby gives notice that February 1 Statement to conform with the terms Æ members of the Commission and March 1 and conditions applicable to the Æ Commission staff may attend the April 5 comparable State-regulated intrastate Æ following Midwest ISO-related meetings May 3 service. Æ during the 2011 year: June 7 Any person desiring to participate in Æ June 28 • Advisory Committee (10 a.m.–3 p.m., this rate filing must file in accordance Æ August 2 Local Time) with Rules 211 and 214 of the Æ August 30 Æ January 19 Commission’s Rules of Practice and Æ Æ October 4 Procedure (18 CFR 385.211 and February 23 (Windsor Court Hotel, Æ 300 Gravier Street, New Orleans, November 1 385.214). Protests will be considered by Æ December 6 the Commission in determining the LA) • Æ March 16 Midwest ISO Supply Adequacy appropriate action to be taken, but will Æ May 18 Working Group (9 a.m.–5 p.m., not serve to make protestants parties to Æ June 15 Local Time) Æ the proceeding. Any person wishing to Æ July 20 January 20 become a party must file a notice of Æ August 17 (St. Paul Hotel, 350 Æ February 3 Æ intervention or motion to intervene, as Market St., St. Paul, MN) February 17 appropriate. Such notices, motions, or Æ September 14 Æ March 3 protests must be filed on or before the Æ October 19 Æ March 17 date as indicated below. Anyone filing Æ November 16 Æ April 7 an intervention or protest must serve a Æ December 7 Æ April 21 copy of that document on the Applicant. • Board of Directors (8:30 a.m.–10 a.m., Æ May 5 Anyone filing an intervention or protest Local Time) Æ May 19 on or before the intervention or protest Æ February 24 (Windsor Court Hotel, Æ June 9

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Æ June 30 Docket No. ER05–1083, et al., Midwest Docket No. EL06–31, Midwest Æ August 4 Independent Transmission System Independent Transmission System Æ September 1 Operator, Inc., et al. Operator, Inc., et al. Æ October 6 Docket No. ER05–1085, et al., Midwest Docket No. EL06–49, Midwest Æ November 3 Independent Transmission System Independent Transmission System Æ December 8 Operator, Inc. Operator, Inc., et al. • Midwest ISO Regional Expansion Docket No. ER05–1138, Midwest Docket No. EL06–80, Midwest Criteria and Benefits Task Force Independent Transmission System Independent Transmission System (9 a.m.–5 p.m., Local Time) Operator, Inc. Operator, Inc. Æ January 25 Docket No. ER05–1201, Midwest Docket No. RM06–16, Mandatory Æ February 15 Independent Transmission System Reliability Standards for Bulk-Power Æ March 22 Operator, Inc. System. Æ April 26 Docket No. ER05–1230, Midwest Docket No. AD07–12, Reliability Æ May 24 Independent Transmission System Standard Compliance and Æ June 21 Operator, Inc. Enforcement in Regions with Æ July 26 Docket No. EL05–103, Northern Indiana Independent System Operators and Æ August 23 Power Service Co. v. Midwest Regional Transmission Organizations. Æ September 20 Independent Transmission System Docket No. ER07–53, Midwest Æ October 25 Operator, Inc. and PJM Independent Transmission System Æ November 22 Interconnection, L.L.C. Operator, Inc. Æ December 20 Docket No. EL05–128, Quest Energy, Docket No. ER07–478, Midwest Except as noted, all of the meetings L.L.C. v. Midwest Independent Independent Transmission System above will be held at: Midwest ISO Transmission System Operator, Inc. Operator, Inc. Headquarters, 701 City Center Drive and Docket Nos. EC06–4 and ER06–20, LGE Docket No. ER07–532, Midwest 720 City Center Drive, Carmel, IN Energy LLC, et al. Independent Transmission System 46032. Docket Nos. ER06–18, et al., Midwest Operator, Inc. Further information may be found at Independent Transmission System Docket No. ER07–580, Midwest http://www.midwestiso.org. Operator, Inc. Independent Transmission System The above-referenced meetings are Docket No. ER06–22, Midwest Operator, Inc. open to the public. Independent Transmission System Docket No. ER07–815, Midwest The discussions at each of the Operator, Inc. Independent Transmission System meetings described above may address Docket No. ER06–27, Midwest Operator, Inc. matters at issue in the following Independent Transmission System Docket No. ER07–940, Midwest proceedings: Operator, Inc., et al. Independent Transmission System Docket No. RM01–5, Electronic Tariff Docket No. ER06–56, Midwest Operator, Inc., et al. Filings. Independent Transmission System Docket No. ER07–1141, International Docket No. ER02–488, Midwest Operator, Inc. Transmission Co., et al. Independent Transmission System Docket No. ER06–192, Midwest Docket No. ER07–1144, American Operator, Inc. Independent Transmission System Transmission Co. LLC, et al. Docket Nos. ER02–2595, et al., Midwest Operator, Inc. Docket No. ER07–1182, Midwest Independent Transmission System Docket No. ER06–356, Midwest Independent Transmission System Operator, Inc. Independent Transmission System Operator, Inc. Docket No. ER04–375, Midwest Operator, Inc. Docket Nos. ER07–1233 and ER07–1261, Independent Transmission System Docket No. ER06–360, et al., Midwest Midwest Independent Transmission Operator, Inc., et al. Independent Transmission System System Operator, Inc. Docket Nos. ER04–458, et al., Midwest Operator, Inc., et al. Docket No. ER07–1372, Midwest Independent Transmission System Docket No. ER06–532, Midwest Independent Transmission System Operator, Inc. Independent Transmission System Operator, Inc. Docket Nos. ER04–691, EL04–104 and Operator, Inc. Docket No. ER07–1375, Midwest ER04–106, et al., Midwest Docket No. ER06–731, Independent Independent Transmission System Independent Transmission System Market Monitor for the Midwest Operator, Inc. Operator, Inc., et al. Independent Transmission System Docket No. ER07–1388, Midwest Docket No. ER05–6, et al., Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER06–866, Midwest Operator, Inc. Operator, Inc., et al. Independent Transmission System Docket No. ER07–1417, Midwest Docket No. ER05–636, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER06–881, Midwest Operator, Inc., et al. Operator, Inc. Independent Transmission System Docket No. EL07–44, Dakota Wind Docket No. ER05–752, Midwest Operator, Inc. Harvest, LLC v. Midwest Independent Independent Transmission System Docket No. ER06–1420, Midwest Transmission System Operator, Inc., Operator, Inc. and PJM Independent Transmission System et al. Interconnection, L.L.C. Operator, Inc. Docket No. EL07–79, Midwest Docket No. ER05–1047, Midwest Docket No. ER06–1536, Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Operator, Inc. Docket Nos. EL07–86, EL07–88, EL07– Docket No. ER05–1048, Midwest Docket No. ER06–1552, Midwest 92, Ameren Services Co., et al. v. Independent Transmission System Independent Transmission System Midwest Independent Transmission Operator, Inc. Operator, Inc. System Operator, Inc., et al.

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Docket No. OA07–57, Midwest Docket No. ER08–1252, Midwest Docket No. ER09–66, Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Operator, Inc. Docket Nos. RR07–2, et al., Delegation Docket No. ER08–1285, Midwest Docket No. ER09–72, Xcel Energy Agreement Between the North Independent Transmission System Operating Companies. American Electric Reliability Operator, Inc. Docket No. ER09–91, Midwest Corporation and Midwest Reliability Docket No. ER08–1309, Midwest Independent Transmission System Organization, et al. Independent Transmission System Operator, Inc. Docket No. EL08–32, Central Minnesota Operator, Inc. Docket No. ER09–108, Midwest Municipal Power Agency and Midwest Docket No. ER08–1370, Midwest Independent Transmission System Municipal Transmission Group, Inc. Independent Transmission System Operator, Inc. Docket No. ER08–15, Midwest ISO Operator, Inc. Docket No. ER09–123, Midwest Transmission Owners. Docket No. ER08–1399, Midwest Independent Transmission System Docket No. ER08–55, Midwest Independent Transmission System Operator, Inc. Independent Transmission System Operator, Inc. Docket No. ER09–245, Midwest Operator, Inc., et al. Docket No. ER08–1400, Midwest Independent Transmission System Docket No. ER08–109, Midwest Independent Transmission System Operator, Inc. Independent Transmission System Operator, Inc. Docket No. ER09–266, Midwest Operator, Inc. Docket No. ER08–1401, Midwest Independent Transmission System Docket Nos. ER08–185 and ER08–186, Independent Transmission System Ameren Energy Marketing Company, Operator, Inc. Operator, Inc. Docket No. ER09–267, Midwest et al. Docket No. ER08–1404, Midwest Docket No. ER08–207, Midwest Independent Transmission System Independent Transmission System Operator, Inc. Independent Transmission System Operator, Inc. Operator, Inc. Docket No. ER09–403, Midwest Docket No. ER08–1435, Midwest Independent Transmission System Docket No. ER08–209, Midwest Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Docket No. ER09–499, Midwest Operator, Inc. Docket No. ER08–1485, Midwest Docket No. ER08–269, Midwest Independent Transmission System Independent Transmission System Operator, Inc. Independent Transmission System Operator, Inc. Docket No. ER09–506, Midwest Operator, Inc. Docket No. ER08–1486, Midwest Independent Transmission System Docket No. ER08–296, Midwest Independent Transmission System Operator, Inc. Independent Transmission System Operator, Inc. Docket No. ER09–512, Midwest Operator, Inc. Docket No. ER08–1505, Midwest Docket No. ER08–320, Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Operator, Inc. Docket No. OA08–4, Midwest ISO Docket No. ER09–91, Midwest Docket No. ER08–370, Midwest Transmission Owners, et al. Independent Transmission System Independent Transmission System Docket No. OA08–14, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER09–573, Midwest Docket No. ER08–394, Midwest Independent Transmission System Independent Transmission System Operator, Inc. Docket No. OA08–42, Midwest Operator, Inc. Operator, Inc. Docket No. ER09–592, Midwest Docket No. ER08–404, Midwest Independent Transmission System Operator, Inc. Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Docket No. OA08–53, Midwest Independent Transmission System Docket No. ER09–654, Midwest Docket No. ER08–416, Midwest Independent Transmission System Independent Transmission System Operator, Inc. Docket No. OA08–106, Midwest Operator, Inc. Operator, Inc. Docket No. ER09–660, Midwest Docket No. ER08–622, Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Operator, Inc. Docket No. OA09–7, Midwest Docket No. ER08–637, Midwest Independent Transmission System Docket No. ER09–769, Midwest Independent Transmission System Operator, Inc. Independent Transmission System Operator, Inc. Docket No. RM08–19, Mandatory Operator, Inc. Docket No. ER08–925, Midwest Reliability Standards for the Docket No. ER09–774, Midwest Independent Transmission System Calculation of Available Transfer, Independent Transmission System Operator, Inc. Capacity Benefit Margins, Operator, Inc. Docket No. ER08–1043, Midwest Transmission Reliability Margins, Docket No. ER09–783, Midwest Independent Transmission System Total Transfer Capability, and Independent Transmission System Operator, Inc. Existing Transmission Commitments Operator, Inc. Docket No. ER08–1074, Midwest and Mandatory Reliability Standards Docket No. ER09–785, Midwest Independent Transmission System for the Bulk Power System. Independent Transmission System Operator, Inc. Docket No. AD09–10, National Action Operator, Inc. Docket No. ER08–1169, Midwest Plan on Demand Response. Docket No. ER09–788, Midwest Independent Transmission System Docket No. AD09–15, Version One Independent Transmission System Operator, Inc. Regional Reliability Standard for Operator, Inc. Docket No. ER08–1244, Midwest Resource and Demand Balancing. Docket No. ER09–807, Midwest Independent Transmission System Docket No. EL09–71, Resale Power Independent Transmission System Operator, Inc. Group of Iowa, WPPI Energy. Operator, Inc.

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Docket No. ER09–827, Midwest Docket No. ES09–54, Midwest Docket No. ER10–327, Dynegy Midwest Independent Transmission System Independent Transmission System Generation, Inc. Operator, Inc. Operator, Inc. Docket No. ER10–386, Midwest Docket No. ER09–839, Midwest Docket No. AD10–5, RTO/ISO Independent Transmission System Independent Transmission System Performance Metrics. Operator, Inc. Operator, Inc. Docket No. AD10–14, Reliability Docket No. ER10–394, Midwest Docket No. ER09–861, Midwest Standards Development and NERC Independent Transmission System Independent Transmission System and Regional Entity Enforcement. Operator, Inc. Operator, Inc. Docket No. EC10–39, American Docket No. ER10–495, Midwest Docket No. ER09–991, Midwest Transmission Company, LLC. Independent Transmission System Independent Transmission System Docket No. EF10–3, Western Area Power Operator, Inc. Operator, Inc. Administration. Docket No. ER10–559, Midwest Docket No. ER09–994, Midwest Docket No. EL10–41, Tatanka Wind Independent Transmission System Independent Transmission System Power, LLC v. Montana-Dakota Operator, Inc. Operator, Inc. Utilities Company, a division of MDU Docket No. ER10–563, Midwest Docket No. ER09–998, Midwest Resources Group, Inc. Independent Transmission System Independent Transmission System Docket No. EL10–45, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–576, Midwest Docket No. ER09–999, Midwest Operator, Inc. v. PJM Interconnection, Independent Transmission System Independent Transmission System LLC. Operator, Inc. Operator, Inc. Docket No. EL10–46, Midwest Docket No. ER10–579, Midwest Docket No. ER09–1049, Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. v. PJM Interconnection, Operator, Inc. Operator, Inc. LLC. Docket No. ER10–582, Midwest Docket No. ER09–1074, Midwest Docket No. EL10–60, PJM Independent Transmission System Independent Transmission System Interconnection, LLC v. Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–639, Midwest Docket No. ER09–1126, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. EL10–68, Resale Power Operator, Inc. Operator, Inc. Group of Iowa and WPPI Energy v. Docket No. ER10–640, Midwest Docket No. ER09–1369, Midwest ITC Midwest LLC and Interstate Power Independent Transmission System Independent Transmission System and Light Company. Operator, Inc. Docket No. ER10–685, Midwest Operator, Inc. Docket No. EL10–77, City of Pella, Iowa Independent Transmission System Docket No. ER09–1396, Midwest v. Midwest Independent Transmission Independent Transmission System Operator, Inc. System Operator, Inc. and Docket No. ER10–686, Otter Tail Power Operator, Inc. MidAmerican Energy Company, Inc. Company. Docket No. ER09–1422, Midwest Docket No. EL10–78, PJM Docket No. ER10–687, Midwest Independent Transmission System Interconnection, L.L.C. Independent Transmission System Operator, Inc. Docket No. ER10–8, Midwest Operator, Inc. and ALLETE, Inc. Docket No. ER09–1432, Midwest Independent Transmission System Docket No. ER10–691, Duke Energy Independent Transmission System Operator, Inc. Indiana, Inc. Operator, Inc. Docket Nos. ER10–9, 10–73, 10–74, Docket No. ER10–706, Midwest Docket No. ER09–1431, Midwest Dairyland Power Cooperative v. Independent Transmission System Independent Transmission System Midwest Independent Transmission Operator, Inc. Operator, Inc. System Operator, Inc. Docket No. ER10–810, Midwest Docket No. ER09–1435, Midwest Docket No. ER10–27, Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Operator, Inc. Docket No. ER10–839, Midwest Docket No. ER09–1526, Midwest Docket Nos. ER10–209, EL10–12, and Independent Transmission System Independent Transmission System ER10–640, Commonwealth Edison Operator, Inc. Operator, Inc. Company and Commonwealth Edison Docket No. ER10–863, Midwest Docket No. ER09–1543, Midwest Company of Indiana, Inc. v. Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Operator, Inc. Docket No. ER10–866, Midwest Docket No. ER09–1575, Midwest Docket No. ER10–128, Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Operator, Inc. Docket No. ER10–867, Midwest Docket No. ER09–1719, Midwest Docket No. ER10–224, Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Operator, Inc. Docket No. ER10–884, Midwest Docket No. ER09–1727, Midwest Docket No. ER10–277, Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Operator, Inc. Docket No. ER10–938, Duke Energy Docket No. ER09–1769, Midwest Docket No. ER10–279, Midwest Corporation. Independent Transmission System Independent Transmission System Docket No. ER10–953, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER09–1779, Midwest Docket No. ER10–316, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–957, Midwest Operator, Inc. Operator, Inc. Independent Transmission System

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Operator, Inc., PJM Interconnection, Docket No. ER10–1361, Midwest Docket No. ER10–1913, Midwest L.L.C., and Southwest Power Pool, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–962, Union Electric Operator, Inc. Operator, Inc. Company. Docket No. ER10–1366, Midwest Docket No. ER10–1997, Midwest Docket No. ER10–970, FirstEnergy Independent Transmission System Independent Transmission System Solutions Corp. Operator, Inc. Operator, Inc. Docket No. ER10–978, Wolverine Power Docket No. ER10–1377, Xcel Energy Docket No. ER10–2052, Midwest Supply Cooperative, Inc. Services, Inc. Independent Transmission System Docket No. ER10–1004, Midwest Docket No. ER10–1400, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–2072, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1007, Midwest Docket No. ER10–1413, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–2080, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1024, Midwest Docket No. ER10–1444, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–2090, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1036, Midwest Docket No. ER10–1446, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–2283, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1069, Southwest Docket No. ER10–1463, Midwest Operator, Inc. Power Pool, Inc. Independent Transmission System Docket No. ER10–2523, Midwest Docket No. ER10–1070, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–1485, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–2524, Midwest Docket No. ER10–1071, Midwest Operator, Inc. Independent Transmission System Docket No. ER10–1492, Midwest Independent Transmission System Operator, Inc. Independent Transmission System Docket No. ER10–2540, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1085, Midwest Docket No. ER10–1552, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–2844, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1086, Midwest Docket No. ER10–1561, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–2869, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1098, Midwest Docket No. ER10–1562, Duke Energy Operator, Inc. Independent Transmission System Ohio, Inc., and Duke Energy Docket No. ER10–3152, Midwest Operator, Inc. Kentucky, Inc. Independent Transmission System Docket No. ER10–1132, Midwest Docket No. ER10–1648, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–3180, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1194, Midwest Docket No. ER10–1666, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER10–3229, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1244, Midwest Docket No. ER10–1649, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER11–15, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1251, Midwest Docket No. ER10–1668, Midwest Operator, Inc. Independent Transmission System Independent Transmission System Docket No. ER11–16, Midwest Operator, Inc. Operator, Inc. Independent Transmission System Docket No. ER10–1273, Joint Pricing Docket No. ER10–1677, Midwest Operator, Inc. Zone Revenue Allocation Agreement Independent Transmission System Docket No. ER11–22, Midwest between Great River Energy, Central Operator, Inc. Independent Transmission System Minnesota Municipal Power Agency, Docket No. ER10–1696, Midwest Operator, Inc. Northern States Power Company and Independent Transmission System Docket No. ER11–28, Midwest Southern Minnesota Municipal Power Operator, Inc. Independent Transmission System Agency. Docket No. ER10–1701, Ameren Operator, Inc. Docket No. ER10–1296, Wisconsin Services Company as Agent for Docket No. ER11–64, Midwest Electric Power Company. Illinois Power Company. Independent Transmission System Docket No. ER10–1301, Notice of Docket Nos. ER10–1732 and ER10–1733, Operator, Inc. Cancellation of Adjacent Balancing Midwest Independent Transmission Docket No. ER11–93, Midwest Authority Coordination Agreement System Operator, Inc. Independent Transmission System between the Midwest ISO and Docket No. ER10–1791, Midwest Operator, Inc. Dairyland Power Cooperative. Independent Transmission System Docket No. ER11–99, Midwest Docket No. ER10–1305, Xcel Energy Operator, Inc. and the Midwest ISO Independent Transmission System Services Inc. Transmission Owners. Operator, Inc. Docket No. ER10–1349, Midwest Docket No. ER10–1814, Midwest Docket No. ER11–134, Midwest Independent Transmission System Independent Transmission System Independent Transmission System Operator, Inc. Operator, Inc. Operator, Inc.

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Docket No. ER11–1844, Midwest Docket No. ES10–31, Midwest Panel meeting will be held on Tuesday, Independent Transmission System Independent Transmission System February 15, 2011 from 9 a.m. to 5 p.m. Operator, Inc. Operator, Inc. (Eastern Time) and on Wednesday, Docket No. ER11–1845, Midwest Docket No. ES10–35, Integrys Energy February 16, 2011 from 8 a.m. to 10 p.m. Independent Transmission System Services, Inc. and Macquarie Cook (Eastern Time). Operator, Inc. Power Inc. ADDRESSES: The public meeting will be Docket No. ER11–1851, Midwest Docket No. PL10–4, Enforcement of held at the Carolina Inn, 211 Pittsboro Independent Transmission System Statutes, Orders, Rules, and Street Chapel Hill, NC 27516 (919–933– Operator, Inc. Regulations. 2001). Docket No. ER11–1863, Midwest Docket No. RM09–13, Time Error FOR FURTHER INFORMATION CONTACT: Any Independent Transmission System Correction Reliability Standard. member of the public who want further Operator, Inc. Docket No. RM10–9, Transmission information concerning the February 15 Docket No. ER11–1991, Midwest Loading Relief Reliability Standard and 16, 2011 public meeting may Independent Transmission System and Curtailment Priorities. contact Dr. Holly Stallworth, Designated Operator, Inc. Docket No. RM10–11, Integration of Federal Officer (DFO), EPA Science Docket No. ER11–1967, Midwest Variable Energy Resources. Advisory Board (1400R), U.S. Independent Transmission System Docket No. RM10–13, Credit Reforms in Environmental Protection Agency, 1300 Operator, Inc. Organized Wholesale Electric Pennsylvania Avenue, NW., Docket No. ER11–1976, Midwest Markets. Washington, DC 20004; via telephone/ Independent Transmission System Docket No. RM10–17 and EL09–68, voice mail (202) 546–2073; fax (202) Operator, Inc. Demand Response Compensation in 565–2098; or e-mail at stallworth.holly@ Docket No. ER11–2053, Midwest Organized Wholesale Energy Markets. epa.gov. General information Independent Transmission System For more information, contact Patrick concerning the CASAC and the CASAC Operator, Inc. Clarey, Office of Energy Markets documents can be found on the EPA Docket No. ER11–2059, Midwest Regulation, Federal Energy Regulatory Web site at http://www.epa.gov/casac. Independent Transmission System Commission at (317) 249–5937 or Operator, Inc. SUPPLEMENTARY INFORMATION: Docket No. ER11–2104, Midwest [email protected], or Christopher Background: Pursuant to the Federal Independent Transmission System Miller, Office of Energy Markets Advisory Committee Act (FACA), Public Operator, Inc. Regulation, Federal Energy Regulatory Law 92–463 5 U.S.C., App. 2, notice is Docket No. ER11–2113, Midwest Commission at (317) 249–5936 or hereby given that the CASAC NOX and Independent Transmission System [email protected]. SOX Secondary NAAQS Review Panel Operator, Inc. Nathaniel J. Davis, Sr., will hold a public meeting to provide review comments on the public welfare Docket No. ER11–2123, Midwest Deputy Secretary. implications of standards for NOX and Independent Transmission System [FR Doc. 2011–1311 Filed 1–21–11; 8:45 am] Operator, Inc. SOX. The Clean Air Scientific Advisory BILLING CODE 6717–01–P Docket No. ER11–2208, Midwest Committee (CASAC) was established Independent Transmission System under section 109(d)(2) of the Clean Air Operator, Inc. Act (CAA or Act) (42 U.S.C. 7409) as an Docket No. ER11–2275, Midwest ENVIRONMENTAL PROTECTION independent scientific advisory Independent Transmission System AGENCY committee. CASAC provides advice, Operator, Inc. [FRL–9255–8] information and recommendations on Docket No. ER11–2276, Midwest the scientific and technical aspects of Independent Transmission System Science Advisory Board Staff Office; air quality criteria and national ambient Operator, Inc. Notification of a Public Meeting of the air quality standards (NAAQS) under Docket No. ER11–2277, Midwest Clean Air Scientific Advisory sections 108 and 109 of the Act. The Independent Transmission System Committee (CASAC) Oxides of CASAC Panel will comply with the Operator, Inc. Nitrogen (NOX) and Sulfur Oxides provisions of FACA and all appropriate Docket No. ER11–2300, Midwest (SOX) Secondary Review Panel SAB Staff Office procedural policies. Independent Transmission System Section 109(d)(1) of the CAA requires Operator, Inc. AGENCY: Environmental Protection that the Agency periodically review and Docket No. ER11–2313, Midwest Agency (EPA). revise, as appropriate, the air quality Independent Transmission System ACTION: Notice. criteria and the NAAQS for the six Operator, Inc. ‘‘criteria’’ air pollutants, including NOX SUMMARY: Docket No. ER11–2334, Midwest The Environmental Protection and SOX. EPA is reviewing public Independent Transmission System Agency (EPA or Agency) Science welfare effects associated with NOX and Operator, Inc. Advisory Board (SAB) Staff Office SOX which, as defined in the CAA Docket No. ER11–2350, Midwest announces a public meeting on include, but are not limited to, effects Independent Transmission System February 15 and 16, 2011, of the Clean on soils, water, wildlife, vegetation, Operator, Inc. Air Scientific Advisory Committee visibility, weather, and climate, as well Docket No. ER11–2359, Midwest (CASAC) Oxides of Nitrogen (NOX) and as effects on materials, economic values, Independent Transmission System Sulfur Oxides (SOX) Secondary Review and personal comfort and well-being. Operator, Inc. Panel to provide review comments on The CASAC NOX and SOX Secondary Docket No. ER11–2360, Midwest EPA’s Policy Assessment for the Review NAAQS Review Panel has provided Independent Transmission System of the Secondary National Ambient Air advice and review of EPA’s assessments Operator, Inc. Quality Standards for NOX and SOX of the secondary NAAQS for NOX and Docket No. ER11–2361, Midwest (January 2011). SOX since 2008. Information about these Independent Transmission System DATES: The CASAC Oxides of Nitrogen activities can be found on the CASAC Operator, Inc. and Sulfur Oxides Secondary Review Web site at http://yosemite.epa.gov/sab/

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sabproduct.nsf/WebProjectsbyTopic independent advice to EPA. Members of proposed export transaction for receipt CASAC Open View. On April 1–2, 2010, the public can submit comments for a of an indication of a willingness to the CASAC Panel held a meeting at the Federal advisory committee to consider consider financing medium- and long- request of EPA’s Office of Air and as it develops advice for EPA. They term guarantee, direct loan and Radiation to review EPA’s draft should send their comments directly to insurance programs. document entitled Policy Assessment the Designated Federal Officer for the Form can be viewed at http:// for the Review of the Secondary relevant advisory committee. Oral www.exim.gov/pub/pending/ National Ambient Air Quality Statements: To be placed on the public EIB95_09.pdf. Standards for NOX and SOX: First speaker list for the meeting, interested DATES: Comments should be received on External Review Draft (March 2010) (75 parties should notify Dr. Stallworth, or before March 25, 2011 to be assured FR 10479–10481). CASAC provided DFO, by e-mail no later than February of consideration. EPA with an advisory report reviewing 7, 2011. Individuals making oral that draft document on June 22, 2010 statements will be limited to five ADDRESSES: Comments may be [Review of the Policy Assessment for the minutes per speaker. Written submitted electronically on http:// Review of the Secondary National Statements: Written statements for the www.regulations.gov or by mail to Michele Kuester, Export Import Bank of Ambient Air Quality Standards for NOX meeting should be received in the SAB the United States, 811 Vermont Ave., and SOX: First Draft (March 2010) Staff Office by February 7, 2011 so that (EPA–CASAC–10–014)], available at the information may be made available NW., Washington, DC 20571. http://yosemite.epa.gov/sab/sabproduct. to the Panel for its consideration prior SUPPLEMENTARY INFORMATION: Titles and nsf/33219585C42C55218525777A0 to this meeting. Written statements Form Number: EIB 95–09. Letter of 06DE787/$File/EPA-CASAC-10-014- should be supplied to the DFO via e- Interest Application. unsigned.pdf. As noticed in 75 FR mail (acceptable file format: Adobe OMB Number: 3048–0005. 54871–54872, on October 6–7, 2010, the Acrobat PDF, MS Word, WordPerfect, Type of Review: Regular. CASAC Panel met to review EPA’s MS PowerPoint, or Rich Text files in Need and Use: Ex-Im Bank’s Letter of Policy Assessment for the Review of the IBM–PC/Windows 98/2000/XP format). Interest (LI) is a pre-export tool to help Secondary National Ambient Air Accessibility: For information on get financing off to a quick start. The LI Quality Standards for NOX and SOX: access or services for individuals with is an indication of Ex-Im’s willingness Second External Review Draft disabilities, please contact Dr. to consider financing for a given export (September 2010). CASAC transmitted Stallworth at the phone number or e- transaction. LIs are used during the its advisory report reviewing the second mail address noted above, preferably at bidding or negotiating stage of an export draft Policy Assessment on December 9, least ten days prior to the meeting, to sale or before going on a marketing trip. 2010 [Review of the Policy Assessment give EPA as much time as possible to Ex-Im Bank uses the requested for the Review of the Secondary process your request. information to determine the applicability of the proposed export National Ambient Air Quality Standard Dated: January 13, 2011. transaction for receipt of this indication for NOX and SOX: Second Draft (EPA– Anthony F. Maciorowski, CASAC–11–003)], available at http:// of willingness to consider financing. Deputy Director, EPA Science Advisory Board Affected Public: This form affects yosemite.epa.gov/sab/sabproduct.nsf/0/ Staff Office. 0fc13c821ee6181a85257473005ae1ec! entities involved in the export of U.S. [FR Doc. 2011–1347 Filed 1–21–11; 8:45 am] OpenDocument&TableRow=2.3#2. goods and services. CASAC will meet on February 15 and BILLING CODE 6560–50–P Annual Number of Respondents: 400. 16, 2011 to review EPA’s final Policy Estimated Time per Respondent: 0.5 Assessment. hours. Technical Contacts: Any technical EXPORT-IMPORT BANK OF THE U.S. Government Annual Burden Hours: questions concerning the Policy [Public Notice 2011–0002] 200. Assessment may be directed to Dr. Frequency of Reporting or Use: On Richard Scheffe at [email protected] Agency Information Collection occasion. or 919–541–4650. Activities: Final Collection; Comment Sharon A. Whitt, Availability of Meeting Materials: The Request EPA will post the final Policy Agency Clearance Officer. Assessment at http://www.epa.gov/ttn/ AGENCY: Export-Import Bank of the U.S. [FR Doc. 2011–1308 Filed 1–21–11; 8:45 am] naaqs/standards/no2so2sec/cr_pa.html. ACTION: Submission for OMB review and BILLING CODE 6690–01–P Prior to the meeting, the agenda and comments request. other materials will be accessible through the calendar link on the blue Form Title: Letter of Interest Application (EIB 95–09). FEDERAL COMMUNICATIONS navigation bar at http://www.epa.gov/ COMMISSION casac/. SUMMARY: The Export-Import Bank of Procedures for Providing Public Input: the United States (Ex-Im Bank), as a part Sunshine Act Meeting; FCC To Hold Public comment for consideration by of its continuing effort to reduce Open Commission Meeting Tuesday, EPA’s Federal advisory committees and paperwork and respondent burden, January 25, 2011 panels has a different purpose from invites the general public and other public comment provided to EPA Federal Agencies to comment on the January 18, 2011. program offices. Therefore, the process proposed information collection, as The Federal Communications for submitting comments to a Federal required by the Paperwork Reduction Commission will hold an Open Meeting advisory committee is different from the Act of 1995. on the subject listed below on Tuesday, process used to submit comments to an Our customers will be able to submit January 25, 2011, which is scheduled to EPA program office. Federal advisory this form on paper or electronically. The commence at 10:30 a.m. in Room TW– committees and panels, including information collected will allow Ex-Im C305, at 445 12th Street, SW., scientific advisory committees, provide Bank to determine the applicability of a Washington, DC.

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Item No. Bureau Subject

1 ...... PUBLIC SAFETY AND HOME- TITLE: Service Rules for the 698–746, 747–762 and 777–792 MHz bands (WT Docket No. LAND SECURITY. 06–150); Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band (PS Docket No. 06–229); and Amendment of Part 90 of the Commis- sion’s Rules (WP Docket No. 07–100) SUMMARY: The Commission will consider an Order and Further Notice of Proposed Rule- making to ensure that the public safety broadband network is interoperable nationwide.

The meeting site is fully accessible to services call (703) 993–3100 or go to ACTION: Update Listing of Financial people using wheelchairs or other http://www.capitolconnection.gmu.edu. Institutions in Liquidation. mobility aids. Sign language Copies of materials adopted at this interpreters, open captioning, and meeting can be purchased from the SUMMARY: Notice is hereby given that assistive listening devices will be FCC’s duplicating contractor, Best Copy the Federal Deposit Insurance provided on site. Other reasonable and Printing, Inc. (202) 488–5300; Fax Corporation (Corporation) has been accommodations for people with (202) 488–5563; TTY (202) 488–5562. appointed the sole receiver for the These copies are available in paper disabilities are available upon request. following financial institutions effective format and alternative media, including In your request, include a description of as of the Date Closed as indicated in the large print/type; digital disk; and audio the accommodation you will need and listing. This list (as updated from time a way we can contact you if we need and video tape. Best Copy and Printing, to time in the Federal Register) may be more information. Last minute requests Inc. may be reached by e-mail at relied upon as ‘‘of record’’ notice that the will be accepted, but may be impossible [email protected]. to fill. Send an e-mail to: [email protected] Corporation has been appointed receiver Federal Communications Commission. for purposes of the statement of policy or call the Consumer & Governmental Marlene H. Dortch, Affairs Bureau at 202–418–0530 (voice), published in the July 2, 1992 issue of Secretary. the Federal Register (57 FR 29491). For 202–418–0432 (tty). [FR Doc. 2011–1502 Filed 1–20–11; 4:15 pm] Additional information concerning further information concerning the this meeting may be obtained from BILLING CODE 6712–01–P identification of any institutions which Audrey Spivack or David Fiske, Office have been placed in liquidation, please of Media Relations, (202) 418–0500; visit the Corporation Web site at http:// TTY 1–888–835–5322. Audio/Video FEDERAL DEPOSIT INSURANCE www.fdic.gov/bank/individual/failed/ coverage of the meeting will be CORPORATION banklist.html or contact the Manager of broadcast live with open captioning Update to Notice of Financial Receivership Oversight in the over the Internet from the FCC Live Web Institutions for Which the Federal appropriate service center. page at http://www.fcc.gov/live. Deposit Insurance Corporation Has For a fee this meeting can be viewed Dated: January 18, 2011. Been Appointed Either Receiver, Federal Deposit Insurance Corporation. live over George Mason University’s Liquidator, or Manager Capitol Connection. The Capitol Pamela Johnson, Connection also will carry the meeting AGENCY: Federal Deposit Insurance Regulatory Editing Specialist. live via the Internet. To purchase these Corporation.

INSTITUTIONS IN LIQUIDATION [In alphabetical order]

FDIC Ref. No. Bank name City State Date closed

10327 ...... Oglethorpe Bank ...... Brunswick ...... GA 1/14/2011

[FR Doc. 2011–1312 Filed 1–21–11; 8:45 am] bank holding company and all of the (12 U.S.C. 1843). Unless otherwise BILLING CODE P banks and nonbanking companies noted, nonbanking activities will be owned by the bank holding company, conducted throughout the United States. including the companies listed below. Unless otherwise noted, comments FEDERAL RESERVE SYSTEM The applications listed below, as well regarding each of these applications as other related filings required by the must be received at the Reserve Bank Formations of, Acquisitions by, and Board, are available for immediate indicated or the offices of the Board of Mergers of Bank Holding Companies inspection at the Federal Reserve Bank Governors not later than February 18, indicated. The application also will be 2011. The companies listed in this notice available for inspection at the offices of have applied to the Board for approval, the Board of Governors. Interested A. Federal Reserve Bank of Dallas (E. pursuant to the Bank Holding Company persons may express their views in Ann Worthy, Vice President) 2200 Act of 1956 (12 U.S.C. 1841 et seq.) writing on the standards enumerated in North Pearl Street, Dallas, Texas 75201– (BHC Act), Regulation Y (12 CFR part the BHC Act (12 U.S.C. 1842(c)). If the 2272: 225), and all other applicable statutes proposal also involves the acquisition of 1. Citizens National Bancshares of and regulations to become a bank a nonbanking company, the review also Bossier, Inc., Bossier City, Louisiana; to holding company and/or to acquire the includes whether the acquisition of the acquire 100 percent of the voting shares assets or the ownership of, control of, or nonbanking company complies with the of Citizens Bankshares of Springhill, the power to vote shares of a bank or standards in section 4 of the BHC Act Inc., and indirectly acquire voting

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shares of Citizens Bank & Trust DEPARTMENT OF DEFENSE ‘‘Information Collection 9000–0138’’ on Company, both in Springhill, Louisiana. your attached document. GENERAL SERVICES • Board of Governors of the Federal Reserve Fax: 202–501–4067. ADMINISTRATION • System, January 19, 2011. Mail: General Services Administration, Regulatory Secretariat Robert deV. Frierson, NATIONAL AERONAUTICS AND (MVCB), 1275 First Street, NE., Deputy Secretary of the Board. SPACE ADMINISTRATION Washington, DC 20417. ATTN: Hada [FR Doc. 2011–1337 Filed 1–21–11; 8:45 am] [Docket 2010–0083; Sequence 24; OMB Flowers/IC 9000–0138. BILLING CODE 6210–01–P Control No. 9000–0138] Instructions: Please submit comments only and cite Information Collection Federal Acquisition Regulation; 9000–0138, in all correspondence FEDERAL RESERVE SYSTEM Submission for OMB Review; Contract related to this collection. All comments Financing Notice of Proposals To Engage in received will be posted without change Permissible Nonbanking Activities or AGENCIES: Department of Defense (DOD), to http://www.regulations.gov, including To Acquire Companies That Are General Services Administration (GSA), any personal and/or business Engaged in Permissible Nonbanking and National Aeronautics and Space confidential information provided. Activities Administration (NASA). FOR FURTHER INFORMATION CONTACT: Mr. ACTION: Notice of request for public Edward Chambers, Procurement The companies listed in this notice comments regarding an extension to an Analyst, Contract Policy Branch, GSA, have given notice under section 4 of the existing OMB clearance. (202) 501–4770 or e-mail [email protected]. Bank Holding Company Act (12 U.S.C. SUMMARY: Under the provisions of the 1843) (BHC Act) and Regulation Y, Paperwork Reduction Act of 1995 (44 SUPPLEMENTARY INFORMATION: (12 CFR part 225) to engage de novo, or U.S.C. chapter 35), the Regulatory A. Purpose to acquire or control voting securities or Secretariat will be submitting to the assets of a company, including the Office of Management and Budget The Federal Acquisition Streamlining companies listed below, that engages (OMB) a request to review and approve Act (FASA) of 1994, Public Law 103– either directly or through a subsidiary or an extension to a currently approved 355, provided authorities that other company, in a nonbanking activity information collection requirement streamlined the acquisition process and that is listed in § 225.28 of Regulation Y concerning contract financing. A notice minimize burdensome Government- (12 CFR 225.28) or that the Board has was published in the Federal Register at unique requirements. Sections 2001 and determined by Order to be closely 75 FR 29547 on May 26, 2010. One 2051 of FASA substantially changed the related to banking and permissible for comment was received. statutory authorities for Government bank holding companies. Unless Public comments are particularly financing of contracts. Sections 2001(f) otherwise noted, these activities will be invited on: Whether this collection of and 2051(e) provide specific authority conducted throughout the United States. information is necessary for the proper for Government financing of purchases Each notice is available for inspection performance of functions of the FAR, of commercial items, and sections at the Federal Reserve Bank indicated. and whether it will have practical 2001(b) and 2051(b) substantially The notice also will be available for utility; whether our estimate of the revised the authority for Government inspection at the offices of the Board of public burden of this collection of financing of purchases of non- Governors. Interested persons may information is accurate, and based on commercial items. express their views in writing on the valid assumptions and methodology; Sections 2001(f) and 2051(e) provide question whether the proposal complies ways to enhance the quality, utility, and specific authority for Government with the standards of section 4 of the clarity of the information to be financing of purchases of commercial BHC Act. collected; and ways in which we can items. These paragraphs authorize the minimize the burden of the collection of Government to provide contract Unless otherwise noted, comments information on those who are to financing with certain limitations. regarding the applications must be respond, through the use of appropriate Sections 2001(b) and 2051(b) also received at the Reserve Bank indicated technological collection techniques or amended the authority for Government or the offices of the Board of Governors other forms of information technology. financing of non-commercial purchases not later than February 8, 2011. DATES: Submit comments on or before by authorizing financing on the basis of A. Federal Reserve Bank of Kansas February 23, 2011. certain classes of measures of City (Dennis Denney, Assistant Vice ADDRESSES: Submit comments performance. President) 1 Memorial Drive, Kansas identified by Information Collection To implement these changes, DOD, City, Missouri 64198–0001: 9000–0138 by any of the following NASA, and GSA amended the FAR by 1. American State Bancshares, Inc.; to methods: revising Subparts 32.0, 32.1, and 32.5; acquire 100 percent of the voting shares • Regulations.gov: http:// by adding new Subparts 32.2 and 32.10; of ASB Holdings, LLC, both in Great www.regulations.gov. Submit comments and by adding new clauses to 52.232. Bend, Kansas, and thereby engage in via the Federal eRulemaking portal by The coverage enables the Government consulting services, pursuant to section inputting ‘‘Information Collection 9000– to provide financing to assist in the 225.28(b)(9)(i)(A) of Regulation Y. 0138’’ under the heading ‘‘Enter performance of contracts for commercial Board of Governors of the Federal Reserve Keyword or ID’’ and selecting ‘‘Search’’. items and provide financing for non- System, January 19, 2011. Select the link ‘‘Submit a Comment’’ that commercial items based on contractor corresponds with ‘‘Information performance. Robert deV. Frierson, Collection 9000–0138’’. Follow the The single public comment was not Deputy Secretary of the Board. instructions provided at the ‘‘Submit a relevant, however, as it did not address [FR Doc. 2011–1336 Filed 1–21–11; 8:45 am] Comment’’ screen. Please include your the burden statement set forth in the BILLING CODE 6210–01–P name, company name (if any), and Federal Register Notice.

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B. Annual Reporting Burden blog.citizen.apps.gov/ SUMMARY: NICEATM, in collaboration _ _ Public reporting burden for this GSA PSC Manual/. Comments on the with the Interagency Coordinating collection of information is estimated to draft PSC Manual must be posted at Committee on the Validation of http://blog.citizen.apps.gov/ Alternative Methods (ICCVAM), average 2 hours per request for _ _ commercial financing and 2 hours per GSA PSC Manual, ‘‘Comments’’ section, announces a public meeting of an request for performance-based between February 8, 2011 and March 9, independent scientific peer review 2011. panel (Panel) to evaluate the validation financing, including the time for ® reviewing instructions, searching FOR FURTHER INFORMATION CONTACT: Ms. status of LUMI–CELL ER (BG1Luc ER existing data sources, gathering and Pat Brooks at [email protected]. TA), an in vitro transcriptional maintaining the data needed, and SUPPLEMENTARY INFORMATION: activation (TA) assay used to identify completing and reviewing the collection The Products and Services Code (PSC) chemicals that can interact with human of information. Manual provides codes to describe estrogen receptors (ERs). Validated The annual reporting burden for products, services, and research and assays that can detect the interaction of commercial financing is estimated as development purchased by the chemicals with specific hormone follows: government. The codes are one of the receptors, including ERs, have been Respondents: 1,000. data elements reported in the Federal accepted and included in the U.S. Responses per Respondent: 5. Procurement Data System (FPDS). GSA, Environmental Protection Agency (EPA) Total Responses: 5,000. which maintains the PSC Manual, is in Endocrine Disruptor Screening Program Hours per Response: 2. the process of updating the manual. The (EDSP) (http://www.epa.gov/endo/pubs/ Total Burden Hours: 10,000. changes will include updating the assayvalidation/status.htm). The annual reporting burden for descriptions, adding or deleting codes Consequently, the BG1Luc ER TA may performance-based financing is as necessary, and adding be applicable for addressing the ER TA estimated as follows: environmental/sustainability attributes component of the EPA EDSP Tier 1 Respondents: 500. required for reporting to the Office of screening battery. Responses per Respondent: 12. Management and Budget. At this meeting, the Panel will review Total Responses: 6,000. A draft of the proposed PSC Manual the draft BRD for the BG1Luc ER TA Hours per Response: 2. will be posted in a GSA blog Total Burden Hours: 12,000. and evaluate the extent to which Obtaining Copies of Proposals: application, http:// established validation and acceptance blog.citizen.apps.gov/ criteria have been appropriately Requesters may obtain a copy of the _ _ information collection documents from GSA PSC Manual/ on February 8, 2011. addressed. The Panel also will be asked There will be a ‘‘Comment’’ section in the General Services Administration, to comment on the extent to which the the blog. A thirty (30) day comment Regulatory Secretariat (MVCA), 1275 information included in the BRD period will be available. First Street, NE., Washington, DC 20417, supports ICCVAM’s draft test method telephone (202) 501–4755. Please cite Dated: January 18, 2011. recommendations. OMB Control No. 9000–0138, Contract Rodney Lantier, NICEATM invites public comments on the draft BRD and draft ICCVAM test Financing, in all correspondence. Assistant Deputy Associate Administrator, Office of Acquisition Policy, Office of method recommendations. These Dated: January 13, 2011. Governmentwide Policy. documents are available on the Millisa Gary, [FR Doc. 2011–1291 Filed 1–21–11; 8:45 am] NICEATM–ICCVAM Web site at: Acting Director, Office of Governmentwide BILLING CODE 6820–34–P http://iccvam.niehs.nih.gov/methods/ Acquisition Policy. endocrine/PeerPanel11.htm. [FR Doc. 2011–1290 Filed 1–21–11; 8:45 am] DATES: The meeting will be held on BILLING CODE 6820–EP–P DEPARTMENT OF HEALTH AND March 29–30, 2011, from 8:30 a.m. to HUMAN SERVICES 5 p.m. each day. In order to facilitate planning for this meeting, persons GENERAL SERVICES Independent Scientific Peer Review wishing to attend are asked to register ADMINISTRATION Panel Meeting on an In Vitro Estrogen by March 15, 2011, via the NICEATM– [Docket No. 2011–0006; Sequence 2] Receptor Transcriptional Activation ICCVAM Web site (http:// Test Method for Endocrine Disruptor iccvam.niehs.nih.gov/contact/reg-form- Federal Procurement Data System Chemical Screening; National EDpanel.htm). Comments should be Product Service Code Manual Update Toxicology Program (NTP); NTP sent by March 10, 2011. AGENCY: Office of Governmentwide Interagency Center for the Evaluation ADDRESSES: The meeting will be held at Policy, General Services Administration of Alternative Toxicological Methods the National Institutes of Health (NIH), (GSA). (NICEATM); Announcement of an William H. Natcher Conference Center, Independent Scientific Peer Review 45 Center Drive, Bethesda, MD 20892. ACTION: Notice. Panel Meeting on an In Vitro Estrogen Persons needing special assistance in SUMMARY: This notice announces that Receptor Transcriptional Activation order to attend, such as sign language the Products and Services Code (PSC) Test Method for Endocrine Disruptor interpretation or other reasonable Manual, which provides codes to Chemical Screening; Availability of accommodation, should contact 301– describe products, services, and Draft Background Review Document 402–8180 (voice) or 301–435–1908 TTY research and development purchased by (BRD); Request for Comments (text telephone) at least seven business the government, is in the process of days before the event. AGENCY: National Institute of being updated; GSA, which maintains Environmental Health Sciences FOR FURTHER INFORMATION CONTACT: Dr. the PSC Manual, is in the process of (NIEHS), National Institutes of Health Warren Casey, Deputy Director, updating the manual. (NIH), HHS. NICEATM, NIEHS, P.O. Box 12233, DATES: Effective date: January 24, 2011. Mail Stop: K2–16, Research Triangle ACTION: Meeting announcement and Comment date: A draft of the PSC Park, NC 27709, (telephone) 919–541– request for comments. Manual will be posted at http:// 2384, (fax) 919–541–0947, (e-mail)

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[email protected]. Courier address: Peer Review Panel Meeting Web site (http://iccvam.niehs.nih.gov) NICEATM, NIEHS, 530 Davis Drive, This meeting will take place March identified by the individual’s name and Room 2035, Morrisville, NC 27560. 29–30, 2011, at the National Institutes of affiliation or sponsoring organization (if SUPPLEMENTARY INFORMATION: Health (NIH) William H. Natcher applicable). NICEATM will provide these comments to the Panel and Background Conference Center, 45 Center Drive, Bethesda, MD 20892. It will begin at ICCVAM agency representatives and In January 2004, Xenobiotics 8:30 a.m. and is scheduled to conclude make them available to the public at the Detection Systems, Inc. (XDS, Durham, each day at approximately 5 p.m. The meeting. NC) nominated their LUMI–CELL® TA meeting is open to the public at no Opportunity will be provided for (BG1Luc ER TA) Test Method for an charge, with attendance limited only by members of the public to present oral interlaboratory validation study to be the space available. The Panel will comments at designated times during coordinated by NICEATM. This method consider the draft ICCVAM BRD, the peer review. Up to seven minutes uses BG–1 cells, a human ovarian recommendations, and performance will be allotted per speaker. If you wish carcinoma cell line that was stably standards for the test method and to present oral statements at the meeting transfected with an estrogen-responsive evaluate the extent to which the draft (one speaker per organization), contact luciferase reporter gene, to measure ICCVAM test method recommendations NICEATM (see FOR FURTHER whether and to what extent a substance are supported by the information INFORMATION CONTACT) by March 2, 2011. induces or inhibits TA activity via ER provided in the draft BRD. Please provide a written copy of your mediated pathways. Included in the Additional information about the comments with contact information nomination package were test results meeting, including a roster of the Panel (name, affiliation, mailing address, from XDS for 56 of the 78 ICCVAM members and the draft agenda, will be phone, fax, e-mail, and sponsoring Reference Substances for agonist posted on the NICEATM–ICCVAM Web organization, if applicable) when activity and 16 of the 78 ICCVAM site at http://iccvam.niehs.nih.gov/ registering to make oral comments. If it Reference Substances for antagonist methods/endocrine/PeerPanel11.htm is not possible to provide a copy of your activity. These studies were funded two weeks before the meeting. This statement in advance, please bring 40 copies to the meeting for distribution to primarily by a Small Business information will also be available after the Panel and to supplement the record. Innovation Research (SBIR) grant that date by contacting NICEATM (see Written statements can supplement and (SBIR43ES010533–01) from the NIEHS. FOR FURTHER INFORMATION CONTACT). expand the oral presentation. Please In accordance with the ICCVAM Attendance and Registration provide NICEATM with copies of any nomination process, NICEATM supplementary written statement using conducted a pre-screen evaluation of the In order to facilitate planning for this meeting, persons wishing to attend are the guidelines outlined above. nomination package to determine the Summary minutes and the Panel’s extent to which it addressed the asked to register by March 15, 2011, via the NICEATM–ICCVAM Web site at final report will be available following ICCVAM prioritization criteria and the meeting on the NICEATM–ICCVAM adherence to the ICCVAM http://iccvam.niehs.nih.gov/contact/reg- form-EDpanel.htm. Web site (http://iccvam.niehs.nih.gov). recommendations for the ICCVAM will consider the Panel’s standardization and validation of in Availability of the Documents conclusions and recommendations and vitro endocrine disruptor test methods. The draft BRD and draft ICCVAM test any public comments received in Based on this evaluation, ICCVAM method recommendations will be finalizing their test method recommended a high priority for posted no later than February 1, 2011 on recommendations for the test method. validation studies for the BG1Luc ER the NICEATM–ICCVAM Web site TA test method. The NIEHS Background Information on ICCVAM (http://iccvam.niehs.nih.gov/methods/ and NICEATM subsequently agreed to support the endocrine/PeerPanel11.htm) or may be validation study in light of its obtained by contacting NICEATM (see ICCVAM is an interagency committee participation as one of the three NTP FOR FURTHER INFORMATION CONTACT). composed of representatives from 15 agencies, whose mission includes the Federal regulatory and research agencies development and validation of Request for Public Comments that use or generate toxicological and improved testing methods. NICEATM invites the submission of safety testing information. ICCVAM The international interlaboratory written comments on the draft BRD, conducts technical evaluations of new, validation study of the BG1Luc ER TA draft ICCVAM test method revised, and alternative methods with test method has been completed. The recommendations, and draft regulatory applicability and promotes study included three laboratories performance standards by March 10, the scientific validation and regulatory sponsored by NICEATM, the European 2011. NICEATM prefers that comments acceptance of toxicological and safety- Centre for the Validation of Alternative be submitted electronically via the testing methods that more accurately Methods, and the Japanese Center for NICEATM–ICCVAM Web site (http:// assess the safety and hazards of the Validation of Alternative Methods. iccvam.niehs.nih.gov/contact/ chemicals and products and that reduce, NICEATM and ICCVAM have FR_pubcomment.htm) or via e-mail to refine (decrease or eliminate pain and prepared a draft BRD that provides [email protected]. Written distress), and replace animal use. The comprehensive summaries of data, comments may also be sent by mail, fax, ICCVAM Authorization Act of 2000 (42 analyses of test method accuracy and or e-mail to Dr. Casey (see FOR FURTHER U.S.C. 285l-3, available at http:// reliability, and related information INFORMATION CONTACT). When submitting iccvam.niehs.nih.gov/docs/about_docs/ characterizing the current validation written comments, please refer to this PL106545.pdf) established ICCVAM as a status of the test method. The draft BRD Federal Register notice and include permanent interagency committee of the forms the basis for ICCVAM test method appropriate contact information (name, NIEHS under NICEATM. NICEATM recommendations on usefulness and affiliation, mailing address, phone, fax, administers ICCVAM and provides limitations, standardized test method e-mail, and sponsoring organization, if scientific and operational support for protocols, future studies, and applicable). NICEATM will post all ICCVAM-related activities. NICEATM performance standards. comments on the NICEATM–ICCVAM and ICCVAM work collaboratively to

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evaluate new and improved test Laboratory Services, Centers for Disease is requesting technical review of the methods applicable to the needs of Control and Prevention, 1600 Clifton draft CIB. The draft document and Federal agencies. Additional Road, Atlanta, Georgia 30333, phone: instructions for submitting comments information about ICCVAM and (404) 498–0554, e-mail: can be found at http://www.cdc.gov/ NICEATM is available on the [email protected]. niosh/docket/review/docket156/ NICEATM–ICCVAM Web site at http:// SUPPLEMENTARY INFORMATION: Purpose: default.html. iccvam.niehs.nih.gov. The purpose of the meeting is for the Public Comment Period: Comments Dated: January 13, 2011. Task Force to consider the findings of must be received by March 15, 2011. A public meeting to be convened John R. Bucher, reviews and issue recommendations and either in Cincinnati, Ohio or via Associate Director, National Toxicology findings to help inform decision making Teleweb may be scheduled at a date and Program. about policy, practice, and research in a time to be announced later if [FR Doc. 2011–1329 Filed 1–21–11; 8:45 am] wide range of U.S. settings. determined to be necessary. This public BILLING CODE 4140–01–P Matters To Be Discussed: Effectiveness of small media client- meeting will be announced via a oriented screening interventions to subsequent notice. DEPARTMENT OF HEALTH AND decrease breast, cervical and colorectal ADDRESSES: Written comments, HUMAN SERVICES cancers; privatization of alcohol retail identified by docket number NIOSH– sales; school dismissal policy to reduce 156, may be submitted by any of the Centers for Disease Control and influenza transmission; client or family following ways: • Prevention incentives to reduce vaccine Mail: NIOSH Docket Office, Robert preventable diseases; clinic based A. Taft Laboratories, MS–C34, 4676 Meeting of the Task Force on Columbia Parkway, Cincinnati, OH Community Preventive Services education when used alone to reduce vaccine preventable diseases; and 45226. • Facsimile: (513) 533–8285. AGENCY: Centers for Disease Control and extended school hours to promote • Prevention (CDC), Department of Health health equity. New reviews on E-mail: [email protected]. and Human Services (HHS). cardiovascular disease and skin cancer All information received in response to this notice will be available for public ACTION: Notice of meeting. will also be discussed. Meeting Accessibility: This meeting is examination and copying at the NIOSH SUMMARY: The Centers for Disease open to the public, limited only by Docket Office, 4676 Columbia Parkway, Control and Prevention (CDC) space available. Room 111, Cincinnati, Ohio 45226. A announces the next meeting of the Task complete electronic docket containing Force on Community Preventive Dated: January 7, 2011. all comments submitted will be Services (Task Force). The Task Force— Tanja Popovic, available on the NIOSH Web page at an independent, nonfederal body of Deputy Associate Director for Science, http://www.cdc.gov/niosh/docket, and nationally known leaders in public Centers for Disease Control and Prevention. comments will be available in writing health practice, policy, and research [FR Doc. 2011–1302 Filed 1–21–11; 8:45 am] by request. NIOSH includes all who are appointed by the CDC BILLING CODE 4163–18–P comments received without change in Director—was convened in 1996 by the the docket, including any personal Department of Health and Human information provided. All electronic Services (HHS) to assess the DEPARTMENT OF HEALTH AND comments should be formatted as effectiveness of community, HUMAN SERVICES Microsoft Word. Please make reference environmental, population, and to docket number NIOSH 156. Centers for Disease Control and healthcare system interventions in FOR FURTHER INFORMATION CONTACT: Prevention G. public health and health promotion. Scott Dotson, NIOSH, Robert A. Taft During this meeting the Task Force will [Docket Number NIOSH–156] Laboratories, MS–C32, 4676 Columbia consider the findings of systematic Parkway, Cincinnati, OH 45226, reviews and issue recommendations and Request for the Technical Review of telephone (513) 533–8540. the Draft Current Intelligence Bulletin findings to help inform decision making SUPPLEMENTARY INFORMATION: In 1974, (CIB): Derivation of Immediately about policy, practice, and research in a the National Institute for Occupational Dangerous to Life and Health (IDLH) wide range of U.S. settings. The Task Safety and Health (NIOSH) and the Values Force’s recommendations, along with Occupational Safety and Health the systematic reviews of the scientific AGENCY: National Institute for Administration (OSHA) jointly initiated evidence on which they are based, are Occupational Safety and Health the development of occupational health compiled in the Guide to Community (NIOSH) of the Centers for Disease standards consistent with Section 6(b) Preventive Services (Community Guide). Control and Prevention (CDC), of the Occupational Safety and Health DATES: The meeting will be held on Department of Health and Human Act of 1970 for substances with then- Wednesday, February, 16, 2011 from Services (HHS). existing OSHA permissible exposure 8:30 a.m. to 5:30 p.m. EST and ACTION: Notice of public comment limits (PELs). This joint effort was Thursday, February 17, 2011 from 8:30 period. called the Standards Completion a.m. to 1 p.m. EST. Program (SCP). As part of the respirator ADDRESSES: Atlanta Marriott Century SUMMARY: The National Institute for selection process for each draft Center, 2000 Century Blvd., NE., Occupational Safety and Health technical standard, Immediately Atlanta, GA. (NIOSH) of the Centers for Disease Dangerous to Life and Health (IDLH) FOR FURTHER INFORMATION CONTACT: Sara Control and Prevention (CDC) is values were determined for each Dodge, Division of Community conducting a public review of the draft, chemical. The purpose of deriving an Preventive Services, Epidemiology and Current Intelligence Bulletin (CIB): IDLH value was to provide guidance on Analysis Program Office, Office of Derivation of Immediately Dangerous to respirator selection and to establish a Surveillance, Epidemiology, and Life and Health (IDLH) Values. NIOSH maximum exposure concentration in

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which workers, in the event of value for vinyl acetate (CAS #108–50–4) 3794. respiratory protection failure (e.g., based on the new process. [email protected]. contaminant breakthrough in a cartridge Dated: January 13, 2011. SUPPLEMENTARY INFORMATION: Under the respirator or stoppage of air flow in a John Howard, PRA (44 U.S.C. 3501–3520), Federal supplied-air respirator), could escape Director, National Institute for Occupational Agencies must obtain approval from the safely when the exposure was below the Safety and Health, Centers for Disease Control Office of Management and Budget IDLH value. and Prevention. (OMB) for each collection of Since the establishment of the original [FR Doc. 2011–1301 Filed 1–21–11; 8:45 am] information they conduct or sponsor. IDLH values in 1974, NIOSH has BILLING CODE 4163–19–P ‘‘Collection of information’’ is defined in continued to review the available 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) scientific data to improve the protocol and includes Agency requests or used to derive the acute exposure DEPARTMENT OF HEALTH AND requirements that members of the public guidelines, in addition to the chemical- HUMAN SERVICES submit reports, keep records, or provide specific IDLH values. This draft CIB information to a third party. Section represents the most recent update of the Food and Drug Administration 3506(c)(2)(A) of the PRA (44 U.S.C. scientific rationale and process used to [Docket No. FDA–2011–N–0044] 3506(c)(2)(A)) requires Federal Agencies derive IDLH values based on health to provide a 60-day notice in the effects considerations determined Agency Information Collection Federal Register concerning each through a critical assessment of the Activities; Proposed Collection; proposed collection of information, toxicology and human health effects Comment Request; Guidance for including each proposed extension of an data. Industry and Food and Drug existing collection of information, The new process relies on a weight- Administration Staff; Section 905(j) before submitting the collection to OMB of-evidence approach based on Reports: Demonstrating Substantial for approval. To comply with this scientific judgment for establishing Equivalence for Tobacco Products requirement, FDA is publishing notice IDLH values that allows for the critical of the proposed collection of AGENCY: Food and Drug Administration, evaluation of the quality and information set forth in this document. HHS. consistency of the scientific data, and in With respect to the following extrapolation from the available data to ACTION: Notice. collection of information, FDA invites the IDLH value. The weight-of-evidence SUMMARY: The Food and Drug comments on these topics: (1) Whether approach refers to the critical the proposed collection of information examination of all the available data Administration (FDA) is announcing an opportunity for public comment on the is necessary for the proper performance from diverse lines of evidence and the of FDA’s functions, including whether derivation of a scientific interpretation proposed collection of certain information by the Agency. Under the the information will have practical based on the collective body of data utility; (2) the accuracy of FDA’s including its relevance, quality and Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to estimate of the burden of the proposed reported results. Guidelines are collection of information, including the presented to aid in the selection of the publish notice in the Federal Register concerning each proposed collection of validity of the methodology and critical adverse effect, a point of assumptions used; (3) ways to enhance departure (POD) or the point on the information, including each proposed extension of an existing collection of the quality, utility, and clarity of the dose-response curve from which dose information to be collected; and (4) extrapolation is initiated, and applying information, and to allow 60 days for public comment in response to the ways to minimize the burden of the default uncertainty factors (UFs) to collection of information on derive the IDLH value. Conceptually, notice. This notice solicits comments on the information request regarding the respondents, including through the use the derivation process presented in this of automated collection techniques, CIB is similar to that used in other risk Guidance for Industry and FDA Staff; Section 905(j) Reports: Demonstrating when appropriate, and other forms of assessment applications including the information technology. process steps of: Substantial Equivalence for Tobacco • Hazard characterization, Products. Information Request Regarding • Identification of critical adverse DATES: Submit either electronic or Guidance for Industry and FDA Staff; effects, written comments on the collection of Section 905(j) Reports: Demonstrating • Identification of a POD, information by March 25, 2011. Substantial Equivalence for Tobacco • Application of an appropriate UF ADDRESSES: Submit electronic Products (OMB Control Number 0910– based on the study and POD, and comments on the collection of 0673—Extension) • Determination of the final risk information to http:// On June 22, 2009, the President value. www.regulations.gov. Submit written signed the Family Smoking Prevention Supplemental information included comments on the collection of and Tobacco Control Act (the Tobacco within this draft CIB includes (1) An information to the Division of Dockets Control Act) (Pub. L. 111–31) into law. overview of the literature search strategy Management (HFA–305), Food and Drug The Tobacco Control Act amended the used to identify relevant data, (2) the Administration, 5630 Fishers Lane, rm. Federal Food, Drug, and Cosmetic Act scheme used to prioritize and select 1061, Rockville, MD 20852. All (FD&C Act) by adding a new chapter chemicals for which an IDLH value will comments should be identified with the granting FDA important new authority be established and (3) an overview of docket number found in brackets in the to regulate the manufacture, marketing, the analysis applied by NIOSH to heading of this document. and distribution of tobacco products to develop a scientifically-based approach FOR FURTHER INFORMATION CONTACT: protect the public health generally and for the selection of the UF during the Jonna Capezzuto, Office of Information to reduce tobacco use by minors. derivation of IDLH values. In addition, Management, Food and Drug Section 905(j) of the FD&C Act Appendix A of the draft CIB presents an Administration, 1350 Piccard Dr. PI50– authorizes FDA to establish the form for example of the derivation of an IDLH 400B, Rockville, MD 20850. 301–796– the submission of information related to

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substantial equivalence (21 U.S.C. intended to assist persons submitting sections related to substantial 387e(j)). In a level 1 guidance document reports under section 905(j) of the FD&C equivalence. issued under the Good Guidances Act, and explains, among other things, Estimation of Burden Practices regulation (21 CFR 10.115), FDA’s interpretation of the statutory FDA provides recommendations FDA estimates the burden for this collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN

Annual FD&C Act sections Number of frequency per Total annual Hours per Total hours respondents response responses response

905(j) and 910(a) ...... 150 1 150 360 54,000

Total ...... 54,000 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA has based these estimates on DATES: Fax written comments on the prescription drug advertising information related to other regulated collection of information by February regulations at § 202.1 (21 CFR 202.1) products and FDA’s expectations 23, 2011. describe requirements and standards for regarding the tobacco industry’s use of ADDRESSES: To ensure that comments on print and broadcast advertisements. the 905(j) pathway to market their the information collection are received, Section 202.1 applies to advertisements products. Table 1 of this document OMB recommends that written published in journals, magazines, other describes the annual reporting burden comments be faxed to the Office of periodicals, and newspapers, and as a result of the implementation of the Information and Regulatory Affairs, advertisements broadcast through media substantial equivalence requirements of OMB, Attn: FDA Desk Officer, FAX: such as radio, television, and telephone sections 905(j) and 910(a) of the FD&C 202–395–7285, or e-mailed to communication systems. Print Act (21 U.S.C. 387e(j) and 387j(a)). FDA [email protected]. All advertisements must include a brief estimates that it will receive 150 section comments should be identified with the summary of each of the risk concepts 905(j) reports each year and that it will OMB control number 0910–new and from the product’s approved package take a manufacturer approximately 360 title ‘‘Prescription Drug labeling (§ 202.1(e)(1)). Advertisements hours to prepare a report of substantial Advertisements’’. Also include the FDA that are broadcast through media such equivalence for a new tobacco product. docket number found in brackets in the as television, radio, or telephone Therefore, FDA estimates the burden for heading of this document. communications systems must disclose submission of substantial equivalence FOR FURTHER INFORMATION CONTACT: the major risks from the product’s information will be 54,000 hours. Elizabeth Berbakos, Office of package labeling in either the audio or audio and visual parts of the Dated: January 14, 2011. Information Management, Food and Drug Administration, 1350 Piccard Dr., presentation (§ 202.1(e)(1)); this Leslie Kux, ‘‘ PI50–400B, Rockville, MD 20850. 301– disclosure is known as the major Acting Assistant Commissioner for Policy. ’’ 796–3792. statement. If a broadcast advertisement [FR Doc. 2011–1276 Filed 1–21–11; 8:45 am] [email protected]. omits the major statement, or if the BILLING CODE 4160–01–P major statement minimizes the risks SUPPLEMENTARY INFORMATION: In associated with the use of the drug, the compliance with 44 U.S.C. 3507, FDA advertisement could render the drug DEPARTMENT OF HEALTH AND has submitted the following proposed misbranded in violation of the FD&C HUMAN SERVICES collection of information to OMB for Act, (21 U.S.C. 352(n) and section 201 review and clearance. of the FD&C Act (21 U.S.C. 321(n)), and Food and Drug Administration Prescription Drug Advertisements— FDA’s implementing regulations at (OMB Control Number 0910)—New § 202.1(e). [Docket No. FDA–2010–N–0110] Advertisements subject to the Section 502(n) of the Federal Food, requirements at § 202.1 are subject to Agency Information Collection Drug, and Cosmetic Act (the FD&C Act) the PRA because these advertisements Activities; Submission for Office of (21 U.S.C. 352(n)) requires that disclose information to the public. In Management and Budget Review; manufacturers, packers, and distributors addition, § 202.1(e)(6) and (j) include Comment Request; Prescription Drug (sponsors) who advertise prescription provisions that are subject to OMB Advertisements human and animal drugs, including approval under the PRA. The biological products for humans, disclose information collection requirements in AGENCY: Food and Drug Administration, in advertisements certain information § 202.1 have not previously been HHS. about the advertised product’s uses and submitted to OMB for approval. With ACTION: Notice. risks. For prescription drugs and this notice, we are seeking comment on biologics, section 502(n) of the FD&C the proposed information collection. SUMMARY: The Food and Drug Act requires advertisements to contain Administration (FDA) is announcing ‘‘* * * a true statement * * *’’ of Reporting to FDA that a proposed collection of certain information including ‘‘*** Section 202.1(e)(6) includes a information has been submitted to the information in brief summary relating to provision that is subject to the PRA. Office of Management and Budget side effects, contraindications, and Section 202.1(e)(6) permits a person (OMB) for review and clearance under effectiveness * * *’’ as required by who would be adversely affected by the the Paperwork Reduction Act of 1995. regulations issued by FDA. FDA’s enforcement of a provision of

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§ 202.1(e)(6) to request a waiver from of this information collection that FDA Disclosures to the Public FDA for that provision. The waiver would receive one advertisement Under § 202.1, advertisements for request must set forth clearly and requiring prior approval annually under human and animal prescription drug concisely the petitioner’s interest in the § 202.1(j)(1). The hours per response is and biological products must comply advertisement, the specific provision of the estimated time that a respondent with the standards described in that § 202.1(e)(6) from which a waiver is would spend preparing information to section. sought, a complete copy of the be submitted to FDA under § 202.1(j)(1). Based on FDA data, CDER estimates advertisement, and a showing that the Based on its experience reviewing other that approximately 15,000 advertisement is not false, lacking in fair advertisements, FDA estimates that advertisements for prescription drugs, balance or otherwise misleading, or approximately 2 hours on average including print and broadcast otherwise violative of section 502(n) of would be needed per submission, advertisements, are prepared by the FD&C Act. including the time it takes to prepare, approximately 300 companies under FDA has not received any waiver assemble, and copy the necessary § 202.1 annually, CBER estimates that requests under § 202.1(e)(6) in the past information. approximately 1,000 of these 10 years. However, we estimate for the advertisements are prepared by purposes of this information collection FDA has not received any program approximately 30 companies annually, that FDA would receive one waiver information required under and CVM estimates that approximately request annually under § 202.1(e)(6). § 202.1(j)(1)(iii) in the past 10 years. The hours per response is the estimated However, we estimate for the purposes 800 of these advertisements are time that a respondent would spend of this information collection that FDA prepared by approximately 25 preparing information to be submitted would receive one submission of companies annually. FDA anticipates to FDA under § 202.1(e)(6). Based on its program information annually under that this estimate will moderately experience reviewing other waiver § 202.1(j)(1)(iii). The hours per response increase in the near future. The requests, FDA estimates that is the estimated time that a respondent estimated total number of approximately 12 hours on average would spend preparing information to advertisements under § 202.1 is 16,800. would be needed per submission, be submitted to FDA under The hours per response is the estimated including the time it takes to prepare, § 202.1(j)(1)(iii). Based on its experience time that a respondent would spend assemble, and copy the necessary reviewing advertisement-related preparing an advertisement subject to information. information, FDA estimates that § 202.1. Based on its experience Section 202.1(j), which sets forth approximately 12 hours on average reviewing advertisements, FDA requirements for the dissemination of would be needed per submission, estimates that approximately 400 hours advertisements subject to the standards including the time it takes to prepare, on average would be needed per in § 202.1(e), contains the following assemble, and copy the necessary advertisement, including the time it information collection that is subject to information. takes to prepare, assemble, and copy the necessary information. the PRA: Based on FDA data, the Center for Under § 202.1(j)(1), a sponsor must Under § 202.1, if information that the Drug Evaluation and Research (CDER) submit advertisements to FDA for prior use of a prescription drug may cause estimates that approximately 1,150 draft approval before dissemination if: fatalities or serious damage has not been (1) The sponsor or FDA has received promotional pieces are received from widely publicized in the medical information that has not been widely approximately 125 companies annually literature, a sponsor must include such publicized in medical literature that the for Agency comment prior to information in the advertisements for use of the drug may cause fatalities or publication under § 202.1(j)(4), the that drug. FDA is not aware of any serious damage; (2) FDA has notified the Center for Biologics Evaluation and advertisements that required inclusion sponsor that the information must be Research (CBER) estimates that of information on fatalities or serious part of the advertisements for the drug; approximately 250 draft promotional damage associated with use of the drug and (3) the sponsor has failed to present pieces are received from approximately under § 202.1(j)(1) in the past 10 years. to FDA a program for assuring that such 25 companies annually under However, we estimate for the purposes information will be publicized promptly § 202.1(j)(4), and the Center for of this information collection that one and adequately to the medical Veterinary Medicine (CVM) estimates advertisement would require inclusion profession in subsequent that approximately 5 draft promotional of such information annually under advertisements, or if such a program has pieces are received from approximately § 202.1(j)(1). The hours per response is been presented to FDA but is not being 5 companies annually under the estimated time that a respondent followed by the sponsor. Under § 202.1(j)(4). FDA anticipates that this would spend preparing information to § 202.1(j)(1)(iii), a sponsor must provide submission rate will moderately comply with § 202.1(j)(1). Based on its to FDA a program for assuring that increase in the near future. The experience reviewing changes to significant new adverse information estimated total number of submissions advertisements, FDA estimates that about the drug that becomes known (i.e., under § 202.1(j)(4) is 1,405. The hours approximately 40 hours on average use of drug may cause fatalities or per response is the estimated time that would be needed to comply with serious damage) will be publicized a respondent would spend preparing the § 202.1(j)(1), including the time it takes promptly and adequately to the medical information to be submitted to FDA to prepare the necessary information. profession in any subsequent under § 202.1(j)(4). Based on its In the Federal Register of March 17, advertisements. experience reviewing advertisements 2010 (75 FR 12756), FDA published a Under § 202.1(j)(4), a sponsor may submitted prior to publication for 60-day notice requesting public voluntarily submit advertisements to Agency comment, FDA estimates that comment on the proposed collection of FDA for comment prior to publication. approximately 20 hours on average information. We received one comment. FDA has not received any would be needed per submission, The comment said that any waiver advertisements requiring prior approval including the time it takes to prepare, requests FDA receives in the future under § 202.1(j)(1) in the past 10 years. assemble, and copy the necessary under § 202.1(e)(6) should be granted However, we estimate for the purposes information. only for extraordinary reasons because

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of the ‘‘high public interest value indication that no advertisements are significant risks that have not been associated with parties fully complying received under § 202.1(j)(1). The widely publicized is appropriately with information requests concerning comment said that FDA should more presented in promotional labeling and prescription drugs.’’ vigorously investigate and penalize or advertising. FDA regularly FDA Response: FDA is not aware of otherwise sanction sponsors who fail to communicates these requests to any request for a waiver under ensure that significant new adverse sponsors through supplement letters § 202.1(e)(6). If we receive such a waiver information about a drug that becomes sent by OND review divisions and safety request in the future, we will consider known to the sponsors is advertised in update letters sent by DDMAC. DDMAC this comment in determining whether or compliance with § 202.1(j). is not aware of any drugs that have not to grant the request. FDA Response: FDA properly enforces required prior approval under Concerning the statement that FDA the requirements of § 202.1(j). § 202.1(j)—but DDMAC is consistently has not received any advertisements Additionally, the Division of Drug in contact with OND and sponsors to requiring prior approval under Marketing, Advertising and ensure that promotional labeling § 202.1(j)(1) in the past 10 years, the Communication (DDMAC) works accurately communicates serious and comment said this may be indicative of closely with the Office of New Drugs significant risk information. FDA’s failure to ensure compliance with (OND) and sponsors to ensure that FDA estimates the burden of this this provision, rather than simply an information about serious and collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Annual 21 CFR section Type of submission Number of frequency per Total annual Hours per Total hours respondents response responses response

202.1(e)(6) ...... Waiver request to FDA ...... 1 1 1 12 12 202.1(j)(1) ...... Submission of advertisement to FDA 1 1 1 2 2 for prior approval. 202.1(j)(1)(iii) ...... Providing a program to FDA for as- 1 1 1 12 12 suring that adverse information about the drug will be publicized. 202.1(j)(4) ...... Voluntarily submitting the advertise- 155 9 1,395 20 27,900 ment to FDA prior to publication for comment.

Total ...... 27,926 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2—ESTIMATED ANNUAL THIRD PARTY DISCLOSURE BURDEN 1

Annual 21 CFR section Type of submission Number of frequency of Total annual Hours per Total hours respondents disclosure disclosure disclosure

202.1 ...... Advertisements prepared in accord- 355 47 16,685 400 6,674,000 ance with § 202.1. 202.1(j)(1) ...... Including information about the 1 1 1 40 40 drug’s fatalities or serious damage in the advertisement.

Total ...... 6,674,040 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: January 14, 2011. DEPARTMENT OF HEALTH AND for the notice of public meeting entitled Leslie Kux, HUMAN SERVICES Generic Drug User Fee; Public Meeting; Acting Assistant Commissioner for Policy. Request for Comments, published in the Food and Drug Administration [FR Doc. 2011–1275 Filed 1–21–11; 8:45 am] Federal Register of August 9, 2010 (75 FR 47820). In that notice, FDA BILLING CODE 4160–01–P [Docket No. FDA–2010–N–0381] announced a public meeting that took Generic Drug User Fee; Notice of place on September 17, 2010, to gather Public Meeting; Reopening of the stakeholder input on the development Comment Period of a generic drug user fee program. FDA is reopening the comment period to AGENCY: Food and Drug Administration, permit public consideration of late- HHS. received comments and to provide an ACTION: Notice; reopening of the opportunity for all interested parties to comment period. provide information and share views on the matter. SUMMARY: The Food and Drug Administration (FDA) is reopening until DATES: Submit either electronic or February 23, 2011, the comment period written comments by February 23, 2011.

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ADDRESSES: Submit electronic document. Received comments may be susceptibility of enteric bacteria to comments to http:// seen in the Division of Dockets antimicrobial agents of medical www.regulations.gov. Submit written Management between 9 a.m. and 4 p.m., importance. The NARMS program, comments to the Division of Dockets Monday through Friday. established in 1996, is a collaboration Management (HFA–305), Food and Drug Dated: January 18, 2011. between FDA, CDC, USDA, and State Administration, 5630 Fishers Lane, rm. Leslie Kux, and local health departments. NARMS 1061, Rockville, MD 20852. also has established collaborations with Acting Assistant Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: scientists and surveillance systems [FR Doc. 2011–1274 Filed 1–21–11; 8:45 am] Peter C. Beckerman, Office of Policy, monitoring antimicrobial resistance in Food and Drug Administration, 10903 BILLING CODE 4160–01–P other countries. New Hampshire Ave., Bldg. 32, rm. Foodborne diseases are an important 4238, Silver Spring, MD 20993. 301– cause of morbidity and mortality DEPARTMENT OF HEALTH AND worldwide. Travel, migration, and 796–4830. FAX: 301–847–3541. e-mail: HUMAN SERVICES [email protected]. distribution of contaminated food SUPPLEMENTARY INFORMATION: Food and Drug Administration contribute to the problem of foodborne diseases. Non-typhoidal Salmonella and I. Background [Docket No. FDA–2010–N–0620] Campylobacter are the leading bacterial causes of foodborne illness in the In the Federal Register of August 9, The National Antimicrobial Resistance 2010 (75 FR 47820), FDA published a United States and many countries. Each Monitoring System Strategic Plan year over two million people in the notice of a public meeting on the 2011–2015; Request for Comments development of a generic drug user fee United States are infected with these program. In that notice, FDA posed AGENCY: Food and Drug Administration, bacteria, resulting in tens of thousands several questions related to a user fee for HHS. of hospitalizations and hundreds of human generic drugs, and sought public ACTION: Notice; request for comments. deaths. Certain populations, such as input on such a program. The Agency young children (<5 years), the elderly, received submissions and presentations SUMMARY: The Food and Drug and the immunocompromised, are at from the public meeting, which are now Administration (FDA) is announcing the higher risk for infection. Most posted on FDA’s Web site. In the availability for public comment of a Salmonella and Campylobacter Federal Register of November 4, 2010 document for The National infections are self-limited, but (75 FR 67984), FDA subsequently Antimicrobial Resistance Monitoring antimicrobial agents are essential to reopened the comment period for 30 System (NARMS) entitled ‘‘NARMS treat severe illness. Antimicrobial days to allow consideration of Strategic Plan 2011–2015.’’ The resistance occurs among bacterial submissions received after the original document outlines the strategic goals foodborne pathogens and is recognized docket closing date. Because FDA has and objectives for 2011 through 2015 of as a global public health hazard. since received multiple requests to the NARMS program developed by the NARMS monitors antimicrobial reopen the docket, including requests participating Agencies (FDA, the susceptibility in enteric bacteria from from generic industry segments that did Centers for Disease Control and humans, retail meats, and food- not previously comment, FDA has Prevention (CDC), and the United States producing animals. The human isolate decided to reopen the docket to permit Department of Agriculture (USDA)) component of NARMS was initiated in public input on all the submissions. based on recommendations of an 1996, and at that time tested only non- Interested persons were originally External Subcommittee of the Science typhoidal Salmonella and Escherichia given until October 17, 2010, to Board to FDA. The Agency is soliciting coli O157 isolates. In 1997, testing of comment on the development of a public comment on the goals and Campylobacter isolates began, followed generic drug user fee program. FDA is objectives in the Strategic Plan and by Salmonella serotype Typhi and now reopening the docket to permit whether the goals and objectives meet Shigella in 1999. The animal component comment until February 23, 2011. the recommendations of the of NARMS started in 1997, with subcommittee. monitoring of Salmonella isolated from II. Request for Comments DATES: Submit either electronic or chicken, turkey, cattle, and swine FDA has received several requests to written comments by March 25, 2011. carcasses, and later expanded to include allow interested persons additional time Campylobacter (1998), E. coli (2000), ADDRESSES: Submit electronic to comment. The requesters represent and Enterococcus (2003) isolated from comments to http:// manufacturers of active pharmaceutical chicken carcasses. The retail meat ingredients who did not previously www.regulations.gov. Submit written component of NARMS started in 2002 respond to FDA’s specific requests for comments to the Division of Dockets with testing of Salmonella, comments. In light of these requests, Management (HFA–305), Food and Drug Campylobacter, E. coli, and FDA is reopening the comment period Administration, 5630 Fishers Lane, rm. Enterococcus isolates from meat for an additional 30 days. 1061, Rockville, MD 20852. commodities sold in retail stores. FOR FURTHER INFORMATION CONTACT: In addition to monitoring, NARMS III. How To Submit Comments Patrick McDermott, Center for conducts epidemiologic and Regardless of attendance at the public Veterinary Medicine (HFV–530), Food microbiologic research studies. Some meeting interested persons may submit and Drug Administration, 8401 studies examine risk factors and clinical either electronic or written comments to Muirkirk Rd., Laurel, MD 20708. 301– outcomes of infections with specific the Division of Dockets Management 210–4213. e-mail: bacterial serotypes or subsets of bacteria (see ADDRESSES). It is only necessary to [email protected]. that exhibit particular resistance send one set of comments. It is no SUPPLEMENTARY INFORMATION: patterns. NARMS research studies also longer necessary to send two copies of focus on understanding the genetic mailed comments. Identify comments I. Background mechanisms of antimicrobial resistance with the docket number found in NARMS is a national public health in enteric bacteria and the mechanisms brackets in the heading of this surveillance program that monitors the that permit the transfer of resistance

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between bacteria, on improving III. Electronic Access at the contact information below. Individuals who plan to attend the meeting and need methods for isolation and typing, and Persons with access to the Internet on developing new methods for special assistance should notify Dr. Weiss at may obtain the document at either least 10 days prior to the meeting, using the antimicrobial susceptibility testing. http://www.fda.gov/AnimalVeterinary/ address and phone number below. Members Additionally, NARMS examines enteric SafetyHealth/AntimicrobialResistance/ of the public will have the opportunity to bacteria for genetic interrelatedness NationalAntimicrobial provide comments at the meeting. using methods such as pulsed-field gel ResistanceMonitoringSystem/ For Further Information Contact: Anyone electrophoresis (PFGE) and multilocus default.htm or http:// requesting additional details should contact Dr. Joan Weiss, Designated Federal Official, sequence typing. NARMS scientists www.regulations.gov. enter PFGE results into CDC’s PulseNet within the Bureau of Health Professions of the Health Resources and Services database or USDA’s VetNet database. Dated: January 11, 2011. Leslie Kux, Administration. Dr. Weiss may be reached in one of three following methods: (1) Via In March 2007, an External Acting Assistant Commissioner for Policy. Subcommittee of the Science Board to written request to: Dr. Joan Weiss, Designated [FR Doc. 2011–1278 Filed 1–21–11; 8:45 am] FDA conducted a review of the NARMS Federal Official, Bureau of Health BILLING CODE 4160–01–P Professions, Health Resources and Services program. This subcommittee made Administration, Parklawn Building, Room 9– recommendations related to four areas 36, 5600 Fishers Lane, Rockville, Maryland of work performed by NARMS: (1) DEPARTMENT OF HEALTH AND 20852; (2) via telephone at (301) 443–6950 or Sampling, (2) research, (3) international HUMAN SERVICES (3) via e-mail at [email protected]. In the activities, and (4) data management and absence of Dr. Weiss, CAPT Norma J. Hatot, reporting. Included in the report was a Health Resources and Services Senior Nurse Consultant, may be contacted recommendation to develop long-range Administration via telephone at (301) 443–2681 or by e-mail strategic plans. In September 2008, at [email protected]. NARMS held an interagency planning Advisory Committee on Dated: January 18, 2011. meeting in Athens, GA to prioritize the Interdisciplinary, Community-Based Robert Hendricks, Science Board subcommittee’s Linkages; Notice of Meeting Director, Division of Policy and Information Coordination. recommendations and implement In accordance with section 10(a)(2) of measures to address them. In August the Federal Advisory Committee Act [FR Doc. 2011–1349 Filed 1–21–11; 8:45 am] 2009, a second meeting was held in (Pub. L. 92–463), notice is hereby given BILLING CODE 4165–15–P Rockville, MD to report on progress, and of the following meeting: to begin formulating the Strategic Plan that is the subject of this notice. Name: Advisory Committee on DEPARTMENT OF HEALTH AND Interdisciplinary, Community-Based HUMAN SERVICES NARMS has established four strategic Linkages (ACICBL). goals: (1) To develop, implement, and Dates and Times: February 24, 2011, 8:30 National Institutes of Health optimize a shared database, with a.m. to 5 p.m., EST. February 25, 2011, 8:30 advanced data acquisition, analysis, and a.m. to 4 p.m., EST. National Center for Research reporting tools; (2) to make sampling Place: Hyatt Regency Bethesda, One Resources; Notice of Closed Meetings more representative and more Bethesda Metro Center (7400 Wisconsin applicable to trend analysis; (3) to Avenue), Bethesda, Maryland 20814. Pursuant to section 10(d) of the Telephone: (301) 657–1234. Federal Advisory Committee Act, as strengthen collaborative research Status: The meeting will be open to the projects; and (4) to support international amended (5 U.S.C. App.), notice is public. hereby given of the following meetings. activities that promote food safety, Purpose: The members of the ACICBL will especially those that promote mitigation The meetings will be closed to the advance the planning required to develop public in accordance with the of the spread of antimicrobial-resistant their 11th Annual Report for the Secretary of bacteria and resistance determinants. the Department of Health and Human provisions set forth in sections These four goals are discussed more Services (the Secretary) and Congress, using 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., fully in the Strategic Plan and build on the working topic, Continuing Education, as amended. The grant applications and the progress made since NARMS’ Professional Development and Lifelong the discussions could disclose Learning for the 21st Century Health Care confidential trade secrets or commercial inception, with special emphasis on the Workforce. The meeting will provide the recommendations made by the FDA property such as patentable material, planning and writing sub-committees with and personal information concerning Science Board subcommittee based on the opportunity to review the urgent issues its review of the NARMS program in individuals associated with the grant related to the training programs, identify applications, the disclosure of which 2007. resources that will address the gaps and further strengthen the outcomes from these would constitute a clearly unwarranted II. Comments efforts, examine testimony from the experts invasion of personal privacy. in the field, and offer recommendations for Interested persons may submit to the Name of Committee: National Center for improvement of these training programs to Research Resources Special Emphasis Panel. Division of Dockets Management (see the Secretary and the Congress. Date: March 1, 2011. ADDRESSES) either electronic or written Agenda: The ACICBL agenda includes an Time: 12 p.m. to 2 p.m. comments regarding this document. It is overview of the Committee’s general business Agenda: To review and evaluate grant only necessary to send one set of activities, presentations by and dialogue with applications. comments. It is no longer necessary to experts, and discussion sessions specific to Place: National Institutes of Health, One send two copies of mailed comments. the development of recommendations to be Democracy Plaza, 6701 Democracy Identify comments with the docket addressed in the 11th Annual ACICBL Boulevard, Conference Room 989, Bethesda, Report. Agenda items are subject to change number found in brackets in the MD 20892. as dictated by the priorities of the Committee. Contact Person: Martha F. Matocha, PhD, heading of this document. Received Supplementary Information: Requests to Scientific Review Officer, Office of Review, comments may be seen in the Division make oral comments or to provide written National Center for Research Resources, of Dockets Management between 9 a.m. comments to the ACICBL should be sent to National Institutes of Health, 6701 and 4 p.m., Monday through Friday. Dr. Joan Weiss, Designated Federal Official, Democracy Blvd., 1 Democracy Plaza, Rm.

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1070, Bethesda, MD 20892. 301–435–0813. DHHS/NIH/NIAID, 6700B Rockledge Drive, applications, the disclosure of which [email protected]. Room 3246, Bethesda, MD 20892. 301–443– would constitute a clearly unwarranted Name of Committee: National Center for 8115. [email protected]. invasion of personal privacy. Research Resources Special Emphasis Panel. This notice is being published less than 15 Date: March 15, 2011. days prior to the meeting due to the timing Name of Committee: National Institute of Time: 12 p.m. to 2 p.m. limitations imposed by the review and Mental Health Special Emphasis Panel; Agenda: To review and evaluate grant funding cycle. Adolescent OCD Treatment Development. Date: February 7, 2011. applications. Name of Committee: Allergy, Immunology, Time: 4 p.m. to 5 p.m. Place: National Institutes of Health, One and Transplantation Research Committee. Agenda: To review and evaluate grant Democracy Plaza, 6701 Democracy Date: February 23–24, 2011. applications. Boulevard, Conference Room 989, Bethesda, Time: 8 a.m. to 5:30 p.m. Place: National Institutes of Health, MD 20892. Agenda: To review and evaluate grant Neuroscience Center, 6001 Executive Contact Person: Martha F. Matocha, PhD, applications. Boulevard, Rockville, MD 20852. (Telephone Scientific Review Officer, Office of Review, Place: Renaissance Mayflower Hotel, 1127 Conference Call.) National Center for Research Resources, Connecticut Avenue, NW., Washington, DC Contact Person: Francois Boller, MD, PhD, National Institutes of Health, 6701 20036. Scientific Review Officer, Division of Democracy Blvd., 1 Democracy Plaza, Rm. Contact Person: Zhuqing Li, PhD, Extramural Activities, National Institute of 1070, Bethesda, MD 20892. 301–435–0813. Scientific Review Officer, Scientific Review Mental Health, NIH, Neuroscience Center, [email protected]. Program, Division of Extramural Activities, 6001 Executive Blvd., Room 6142, MSC 9606, (Catalogue of Federal Domestic Assistance DHHS/NIH/NIAID, 6700B Rockledge Drive, Bethesda, MD 20892–9606. 301–443–1513. Program Nos. 93.306, Comparative Medicine; MSC 7616, Bethesda, MD 20892–7616. 301– [email protected]. 402–9523. [email protected]. 93.333, Clinical Research; 93.371, Biomedical Name of Committee: National Institute of Technology; 93.389, Research Infrastructure, Name of Committee: National Institute of Mental Health Special Emphasis Panel; 93.306, 93.333; 93.702, ARRA Related Allergy and Infectious Diseases Special Epigenomic Modifications In Construction Awards., National Institutes of Emphasis Panel; Innate Immunity. Neurodevelopment. Health, HHS) Date: March 8, 2011. Date: March 2, 2011. Time: 1:15 p.m. to 4:45 p.m. Dated: January 18, 2011. Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant Jennifer S. Spaeth, Agenda: To review and evaluate grant applications applications. Director, Office of Federal Advisory Place: National Institutes of Health, 6700B Place: Melrose Hotel, 2430 Pennsylvania Committee Policy. Rockledge Drive, Bethesda, MD 20817. Ave., NW., Washington, DC 20037. [FR Doc. 2011–1327 Filed 1–21–11; 8:45 am] (Telephone Conference Call.) Contact Person: David W Miller, PhD, Contact Person: Sujata Vijh, PhD, Scientific BILLING CODE 4140–01–P Scientific Review Officer, Division of Review Officer, Scientific Review Program, Extramural Activities, National Institute of Division of Extramural Activities, NIAID/ Mental Health, NIH, Neuroscience Center, NIH/DHHS, 6700B Rockledge Drive, MSC 6001 Executive Blvd., Room 6140, MSC 9608, DEPARTMENT OF HEALTH AND 7616, Bethesda, MD 20892. 301–594–0985. HUMAN SERVICES Bethesda, MD 20892–9608. 301–443–9734. [email protected]. [email protected]. (Catalogue of Federal Domestic Assistance National Institutes of Health (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, Program Nos. 93.242, Mental Health Research and Transplantation Research; 93.856, National Institute of Allergy and Grants; 93.281, Scientist Development Microbiology and Infectious Diseases Award, Scientist Development Award for Infectious Diseases; Notice of Closed Research, National Institutes of Health, HHS) Meetings Clinicians, and Research Scientist Award; Dated: January 18, 2011. 93.282, Mental Health National Research Pursuant to section 10(d) of the Jennifer S. Spaeth, Service Awards for Research Training, National Institutes of Health, HHS) Federal Advisory Committee Act, as Director, Office of Federal Advisory amended (5 U.S.C. App.), notice is Committee Policy. Dated: January 14, 2011. hereby given of the following meetings. [FR Doc. 2011–1326 Filed 1–21–11; 8:45 am] Jennifer S. Spaeth, The meetings will be closed to the BILLING CODE 4140–01–P Director, Office of Federal Advisory public in accordance with the Committee Policy. provisions set forth in sections [FR Doc. 2011–1330 Filed 1–21–11; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P as amended. The grant applications and HUMAN SERVICES the discussions could disclose confidential trade secrets or commercial National Institutes of Health DEPARTMENT OF HEALTH AND property such as patentable material, HUMAN SERVICES and personal information concerning National Institute of Mental Health; individuals associated with the grant Notice of Closed Meetings National Institutes of Health applications, the disclosure of which Pursuant to section 10(d) of the National Institute of Diabetes and would constitute a clearly unwarranted Federal Advisory Committee Act, as invasion of personal privacy. Digestive and Kidney Diseases; Notice amended (5 U.S.C. App.), notice is of Closed Meeting Name of Committee: National Institute of hereby given of the following meetings. Allergy and Infectious Diseases Special The meetings will be closed to the Pursuant to section 10(d) of the Emphasis Panel; Program on Drug Resistance. public in accordance with the Federal Advisory Committee Act, as Date: February 9, 2011. provisions set forth in sections amended (5 U.S.C. App.), notice is Time: 2 p.m. to 6 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., hereby given of the following meeting. Agenda: To review and evaluate grant as amended. The grant applications and The meeting will be closed to the applications Place: National Institutes of Health, 6700B the discussions could disclose public in accordance with the Rockledge Drive, Bethesda, MD 20817. confidential trade secrets or commercial provisions set forth in sections (Telephone Conference Call.) property such as patentable material, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Yong Gao, PhD, Scientific and personal information concerning as amended. The grant applications and Review Officer, Scientific Review Program, individuals associated with the grant the discussions could disclose

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confidential trade secrets or commercial Name of Committee: National Institute of ACTION: Notice of availability. property such as patentable material, Dental and Craniofacial Research Special and personal information concerning Emphasis Panel, ZDE1 VH (13) NIDCR SUMMARY: In accordance with Section individuals associated with the grant Review of Small Research Grants for Data 743 of Division C of the Consolidated Analysis and Statistical Methodology (R03). applications, the disclosure of which Appropriations Act of 2010 (Pub. L. Date: February 14, 2011. 111–117), the Department of Homeland would constitute a clearly unwarranted Time: 11 a.m. to 1 p.m. invasion of personal privacy. Security (DHS) is publishing this notice Agenda: To review and evaluate grant to advise the public of the availability Name of Committee: National Institute of applications. Place: National Institutes of Health, One of the FY 2010 Service Contract Diabetes and Digestive and Kidney Diseases inventory. This inventory provides Special Emphasis Panel; R24 Seeding Democracy Plaza, 6701 Democracy Application. Boulevard, Bethesda, MD 20892. information on service contract actions Date: February 3, 2011. Contact Person: Victor Henriquez, PhD, over $25,000 that were made in FY Time: 10 a.m. to 12 p.m. Scientific Review Officer, DEA/SRB/NIDCR, 2010. The information is organized by Agenda: To review and evaluate grant 6701 Democracy Blvd., Room 668, Bethesda, function to show how contracted applications. MD 20892–4878. 301–451–2405. resources are distributed throughout the Place: National Institutes of Health, Two [email protected]. agency. The inventory has been Democracy Plaza, 6707 Democracy Name of Committee: National Institute of developed in accordance with guidance Boulevard, Bethesda, MD 20892. (Telephone Dental and Craniofacial Research Special issued on November 5, 2010 by the Conference Call.) Emphasis Panel, Review Conference Grant Office of Management and Budget’s Contact Person: D.G. Patel, PhD, Scientific Applications (R13s). Review Officer, Review Branch, DEA, Date: March 29, 2011. Office of Federal Procurement Policy NIDDK, National Institutes of Health, Room Time: 2 p.m. to 3 p.m. (OFPP). OFPP’s guidance is available at 756, 6707 Democracy Boulevard, Bethesda, Agenda: To review and evaluate grant http://www.whitehouse.gov/sites/ MD 20892–5452. (301) 594–7682. applications. default/files/omb/procurement/memo/ [email protected]. Place: National Institutes of Health, One service-contract-inventories-guidance- This notice is being published less than 15 Democracy Plaza, 6701 Democracy 11052010.pdf. DHS has posted its days prior to the meeting due to the timing Boulevard, Bethesda, MD 20892. (Virtual inventory for public review at: http:// limitations imposed by the review and Meeting.) www.dhs.gov/xopnbiz/regulations/ funding cycle. Contact Person: Mary Kelly, Scientific editorial_0504.shtm under ‘‘Acquisition Review Officer, Scientific Review Branch, (Catalogue of Federal Domestic Assistance National Inst of Dental & Craniofacial Reports and Notices.’’ Program Nos. 93.847, Diabetes, Research, NIH 6701 Democracy Blvd, room FOR FURTHER INFORMATION CONTACT: For Endocrinology and Metabolic Research; 672, MSC 4878, Bethesda, MD 20892–4878. questions about this notice, please 93.848, Digestive Diseases and Nutrition 301–594–4809. [email protected]. Research; 93.849, Kidney Diseases, Urology contact Gail Carter at and Hematology Research, National Institutes Name of Committee: National Institute of [email protected] or telephone of Health, HHS) Dental and Craniofacial Research Special 202–447–5302. Emphasis Panel, Review Extramural Loan Dated: January 18, 2011. Repayment Applications. Richard Gunderson, Jennifer S. Spaeth, Date: March 30, 2011. Deputy Chief Procurement Officer. Director, Office of Federal Advisory Time: 1 p.m. to 2 p.m. [FR Doc. 2011–1351 Filed 1–21–11; 8:45 am] Agenda: To review and evaluate grant Committee Policy. BILLING CODE 9110–9B–P [FR Doc. 2011–1328 Filed 1–21–11; 8:45 am] applications. Place: National Institutes of Health, One BILLING CODE 4140–01–P Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892. (Virtual DEPARTMENT OF HOMELAND Meeting.) SECURITY DEPARTMENT OF HEALTH AND Contact Person: Mary Kelly, Scientific [Docket No. DHS–2011–0002] HUMAN SERVICES Review Officer, Scientific Review Branch, National Inst of Dental & Craniofacial Homeland Security Advisory Council National Institutes of Health Research, NIH 6701 Democracy Blvd., room 672, MSC 4878, Bethesda, MD 20892–4878. AGENCY: The Office of Policy, DHS. _ National Institute of Dental & 301–594–4809. mary [email protected]. ACTION: Notice of partially closed Craniofacial Research; Notice of (Catalogue of Federal Domestic Assistance Federal Advisory Committee Meeting. Closed Meetings Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of SUMMARY: The Homeland Security Pursuant to section 10(d) of the Health, HHS) Advisory Council (HSAC) will meet on Federal Advisory Committee Act, as Dated: January 18, 2011. February 8, 2011 in Washington, DC. amended (5 U.S.C. App.), notice is Jennifer S. Spaeth, The meeting will be partially closed to hereby given of the following meetings. Director, Office of Federal Advisory the public. The meetings will be closed to the Committee Policy. DATES: The HSAC will meet on public in accordance with the [FR Doc. 2011–1325 Filed 1–21–11; 8:45 am] Tuesday, February 8, 2011 from 9:20 provisions set forth in sections BILLING CODE 4140–01–P a.m. to 3 p.m. EST. The open portion of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the meeting will be from approximately as amended. The grant applications and 9:20 a.m. to 11:45 a.m. the discussions could disclose ADDRESSES: The meeting will be held in DEPARTMENT OF HOMELAND confidential trade secrets or commercial the Capital Ballroom at the Embassy SECURITY property such as patentable material, Suites—Convention Center, 900 10th and personal information concerning Public Availability of DHS Fiscal Year Street, NW., Washington, DC 20001. individuals associated with the grant 2010 Service Contract Inventory Written comments must be submitted applications, the disclosure of which and received by February 2, 2011. would constitute a clearly unwarranted AGENCY: Office of the Chief Procurement Comments must be identified by Docket invasion of personal privacy. Officer, DHS. No. DHS 2011–0002 and may be

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submitted by one of the following Analysis and a high level DHS official review, as required by the Paperwork methods: regarding domestic and international Reduction Act. The Department is • Federal eRulemaking Portal: http:// threats to our homeland security; a soliciting public comments on the www.regulations.gov. Follow the presentation on the timely sharing of subject proposal. instructions for submitting comments. specific incident threat and law DATES: Comment Due Date: March 25, • E-mail: [email protected]. Include enforcement information with State, 2011. docket number in the subject line of the local, Tribal and private partners within ADDRESSES: Interested persons are message. the Homeland Security Advisory • invited to submit comments regarding Fax: (202) 282–9207 System; and a briefing from Customs this proposal. Comments should refer to • Mail: Homeland Security Advisory and Border Protection on threats at the the proposal by name and/or OMB Council, Department of Homeland Southwest Border and joint operations Control Number and should be sent to: Security, Mailstop 0450, 245 Murray with Mexican law enforcement Michael Morse, Office of Policy Lane, SW., Washington, DC 20528. personnel to address violence and Development and Research, Department Instructions: All submissions received illegal border crossings. Under 5 U.S.C. of Housing and Urban Development, ‘‘ must include the words Department of 552b(c)(7)(E)&(F), disclosure of this 451 7th Street, SW., Room 8128, ’’ Homeland Security and DHS–2011– information could reveal investigative Washington, DC 20410–6000. 0002, the docket number for this action. techniques and procedures not generally FOR FURTHER INFORMATION CONTACT: Comments received will be posted available to the public allowing those Michael Morse at (202) 402–5738 (this without alteration at http:// with interests against the United States is not a toll-free number), for copies of www.regulations.gov, including any to circumvent the law, thereby the proposed forms and other available personal information provided. endangering the life or physical safety of documents. Docket: For access to the docket to law enforcement personnel. SUPPLEMENTARY INFORMATION: The read background documents or Additionally, under 5 U.S.C. Department of Housing and Urban comments received by the DHS 552b(c)(9)(B), disclosure of these Development will submit the proposed Homeland Security Advisory Council, techniques and procedures could extension of information collection to go to http://www.regulations.gov. frustrate the successful implementation OMB for review, as required by the FOR FURTHER INFORMATION CONTACT of protective measures designed to keep : Paperwork Reduction Act of 1995 (44 our country safe. HSAC Staff at [email protected] or 202– U.S.C. Chapter 35, as amended). This A briefing on the Cyber Storm III 447–3135. Notice is soliciting comments from Exercise will include lessons learned SUPPLEMENTARY INFORMATION: Notice of members of the public and affected and vulnerabilities of cyber assets, as this meeting is given under the Federal agencies concerning the proposed well as potential methods to improve a Advisory Committee Act, 5 U.S.C. App. collection of information to: (1) Evaluate Federal response to a cyber attack. The HSAC provides independent, whether the proposed collection of Under 5 U.S.C. 552b(c)(9)(B), disclosure objective advice and recommendations information is necessary for the proper of this information would be a road map for the consideration of the Secretary of performance of the functions of the to those who wish to attack our cyber the Department of Homeland Security agency, including whether the security, and hence, would certainly on matters related to homeland security. information will have practical utility; frustrate the successful implementation The Council is comprised of leaders of (2) evaluate the accuracy of the agency’s of preventive and Counter measures to local law enforcement, first responders, estimate of the burden of the proposed protect our cybersecurity. State and local government, the private collection of information; (3) enhance sector, and academia. Accordingly, this meeting will be partially closed to the public. the quality, utility, and clarity of the The HSAC will meet for the purpose information to be collected; and (4) of receiving information and swearing Becca Sharp, minimize the burden of the collection of in new members. Executive Director, Homeland Security information on those who are to The open portions of the meeting will Advisory Council, DHS. respond; including through the use of include opening remarks from the [FR Doc. 2011–1345 Filed 1–21–11; 8:45 am] appropriate automated collection HSAC leadership, a ceremonial BILLING CODE 9110–9M–P techniques or other forms of information swearing in of new members, ‘‘If You technology, e.g., permitting electronic See Something, Say SomethingTM’’ submission of responses. public awareness campaign, and DEPARTMENT OF HOUSING AND This Notice also lists the following Suspicious Activity Reporting’’ URBAN DEVELOPMENT information: Programs, a View From the Hill, DHS Title of Proposal: Transformation Community Resilience Efforts, and [Docket No. FR–5486–N–01] Initiative: Natural Experiment Grant closing remarks. Program. The closed portions of the meeting Notice of Proposed Information Description of Information Collection: will address threats to our homeland Collection for Public Comment: Notice This is a new information collection. security, results of a cyber security of Funding Availability for the The purpose of this effort is to provide exercise, sharing information with Transformation Initiative: Natural funding to support scientific research others, and Southwest Border Experiment Grant Program that makes use of natural experiments to operations. AGENCY: Office of the Assistant evaluate the impacts of local, State, and Basis for Closure: In accordance with Secretary for Policy Development and Federal policies. In Fiscal Year (FY) Section 10(d) of the Federal Advisory Research, HUD. 2010, approximately $600,000 has been Committee Act, it has been determined ACTION: Notice. made available for this program by the that certain portions of the meeting Department of Housing and Urban require closure as the premature SUMMARY: The proposed information Development Appropriations Act, 2010 disclosure of the information would not collection requirement described below (Pub. L. 111–117 approved December be in the public interest. There will be will be submitted to the Office of 16, 2009). This program is approved briefings from DHS Intelligence and Management and Budget (OMB) for under HUD’s research authority under

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the Transition Initiative Fund. The Members of Affected Public: to complete an application. Almost all maximum grant performance period is Nonprofit organizations, for profit of this time is invested by a professor or 24 months. An applicant can request organizations located in the U.S. (HUD other senior administrator who would $100,000 to $250,000 per award, will not pay fee or profit for the work oversee the program. HUD estimates the depending on the scope of the research conducted under this NOFA), mean hourly rate at $30. For 20 proposed. Awards under this NOFA foundations, think tanks, consortia, applications, the computation is as will be made in the form of a Institutions of higher education follows: 20 applications × 42 hours × Cooperative Agreement. The actual accredited by a national or regional $30 per hours= $25,200. Notice of Funding Availability (NOFA) accrediting agency recognized by the (2) Post-Award will contain the selection criteria for U.S. Department of Education and other awarding grants and specific entities that will sponsor a researcher, HUD estimates that each grantee will requirements that will apply to selected expert or analyst. spend approximately 6 hours a year grantees. Estimation of the total numbers of maintaining records. HUD also OMB Control Number: None. hours needed to prepare the information estimates that each grantee will spend Agency Form Numbers: SF–424, SF– collection including number of approximately 4 hours a year preparing 424 Supplemental, HUD–424–CB, SF– respondents, frequency of responses, monitoring reports. Clerical staff and LLL, HUD–2880, HUD–2993, HUD– and hours of responses: faculty/supervisory staff will share this 96010 and HUD–96011. http:// burden. HUD estimates the applicable (1) Pre-Award portal.hud.gov/portal/page/portal/HUD/ hourly rate at $15. The computation is program_offices/administration/ HUD estimates that each applicant as follow: 5 grantees × 10 hours × $15 hudclips/forms. spends approximately 42 person-hours an hour = $750.

Number of Responses Total annual Hours per Description of information collection respondents per year responses response Total hours

SF424 ...... 20 1 20 0.75 15 SF424 Supplement ...... 20 1 20 0.08 1.6 HUD 424CB ...... 20 1 20 3 60 SFLLL ...... 20 1 20 0.17 3 .4 HUD 2880 (2510–0011) ...... 20 1 20 0 0 HUD 96010 (2535–0114) ...... 20 1 20 3 60 Rating factor 1 ...... 20 1 20 7 140 Rating factor 2 ...... 20 1 20 7 140 Rating factor 3 ...... 20 1 20 7 140 Rating factor 4 ...... 20 1 20 7 140 Rating factor 5 ...... 20 1 20 7 140 Subtotal (Application) ...... 20 1 20 42 840 Quarterly Reports ...... 5 4 20 6 120 Record keeping ...... 5 ...... 5 4 20

Total ...... 20 ...... 40 Varies 980

Total Estimated Burden Hours: 980. DEPARTMENT OF HOUSING AND ADDRESSES: Interested persons are Status of the proposed information URBAN DEVELOPMENT invited to submit comments regarding collection: New collection. this proposal. Comments should refer to [Docket No. FR–5486–N–03] the proposal by name and/or OMB Status of the proposed information Control Number and should be sent to: collection: Pending OMB approval. Notice of Proposed Information Michael Morse, Office of Policy Authority: U.S. Code Title 12 1701z; Collection for Public Comment: Notice Development and Research, Department Research and demonstrations. of Funding Availability for the of Housing and Urban Development, 451 7th Street, SW., Room 8130, Dated: January 13, 2011. Transformation Initiative: Homeless Families Small Grant Research Washington, DC 20410–6000. Raphael W. Bostic, Demonstration Program FOR FURTHER INFORMATION CONTACT: Assistant Secretary for Policy Development Michael Morse at (202) 402–5738 (this and Research. AGENCY: Office of the Assistant is not a toll-free number), for copies of [FR Doc. 2011–1348 Filed 1–21–11; 8:45 am] Secretary for Policy Development and the proposed forms and other available BILLING CODE 4210–67–P Research, HUD. documents. ACTION: Notice. SUPPLEMENTARY INFORMATION: The Department of Housing and Urban SUMMARY: The proposed information Development will submit the proposed collection requirement described below extension of information collection to will be submitted to the Office of OMB for review, as required by the Management and Budget (OMB) for Paperwork Reduction Act of 1995 (44 review, as required by the Paperwork U.S.C. Chapter 35, as amended). This Reduction Act. The Department is Notice is soliciting comments from soliciting public comments on the members of the public and affected subject proposal. agencies concerning the proposed DATES: Comment Due Date: March 25, collection of information to: (1) Evaluate 2011. whether the proposed collection of

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information is necessary for the proper This Notice also lists the following LLL, HUD–2880, HUD–2993, HUD– performance of the functions of the information: 96010 and HUD–96011. agency, including whether the Title of Proposal: Notice of Funding Members of the Affected Public: Availability for the Transformation information will have practical utility; Institutions of higher education Initiative: Homeless Families Small (2) evaluate the accuracy of the agency’s accredited by a national or regional Grant Research Demonstration Program. estimate of the burden of the proposed accrediting agency recognized by the collection of information; (3) enhance OMB Control Number: None. Description of the Need for the U.S. Department of Education are the the quality, utility, and clarity of the Information and Proposed Use: The official applicants. Estimation of the information to be collected; and (4) information is being collected to select total number of hours needed to prepare minimize the burden of the collection of applicants for award in this statutorily the information collection including information on those who are to created competitive grant program and number of respondents, frequency of respond; including through the use of to monitor performance of grantees to response, and hours of response: appropriate automated collection ensure they meet statutory and program Information pursuant to grant award techniques or other forms of information goals and requirements. will be submitted once a year. The technology, e.g., permitting electronic Agency Form Numbers: SF–424, SF– following chart details the respondent submission of responses. 424 Supplemental, HUD–424–CB, SF– burden on a quarterly and annual basis:

Number of Total annual Hours per respondents responses response Total hours

Applicants ...... 15 15 35 525 Quarterly Reports ...... 2 8 6 48 Final Reports ...... 2 2 2 4 Recordkeeping ...... 2 2 4 8

Total ...... 21 27 54 585

Status of the proposed information SW., Room B133–P3214, Washington, taken by HUD’s Mortgagee Review collection: Pending OMB approval. DC 20410–8000; telephone (202) 708– Board under HUD’s regulations at 24 Authority: Section 3506 of the Paperwork 2830 (this is not a toll-free number). CFR part 25. Reduction Act of 1995, 44 U.S.C. Chapter 35, Persons with hearing or speech Cause: HUD’s regulations permit HUD as amended. impairments may access that number to terminate the Agreement with any mortgagee having a default and claim Dated: January 13, 2011. through TTY by calling the Federal Information Relay Service at (800) 877– rate for loans endorsed within the Raphael W. Bostic, 8339. preceding 24 months that exceeds 200 Assistant Secretary for Policy Development percent of the default and claim rate SUPPLEMENTARY INFORMATION: HUD has and Research. within the geographic area served by a the authority to address deficiencies in [FR Doc. 2011–1356 Filed 1–21–11; 8:45 am] HUD field office, and also exceeds the the performance of lenders’ loans as BILLING CODE 4210–67–P national default and claim rate. For the provided in HUD’s mortgagee approval 45th review period, HUD is terminating regulations at 24 CFR 202.3. On May 17, the Agreement of mortgagees whose 1999 HUD published a notice (64 FR DEPARTMENT OF HOUSING AND default and claim rate exceeds both the 26769), on its procedures for URBAN DEVELOPMENT national rate and 200 percent of the terminating Origination Approval [Docket No. FR- 5411–N–07] field office rate. Agreements with FHA lenders and Effect: Termination of the Agreement Credit Watch Termination Initiative placement of FHA lenders on Credit precludes branch(es) of the mortgagee Termination of Origination Approval Watch status (an evaluation period). In from originating FHA-insured single- Agreements the May 17, 1999 notice, HUD advised family mortgages within the area of the that it would publish in the Federal HUD field office(s) listed in this notice. AGENCY: Office of the Assistant Register a list of mortgagees, which Mortgagees authorized to purchase, Secretary for Housing—Federal Housing have had their Origination Approval hold, or service FHA-insured mortgages Commissioner, HUD. Agreements terminated. may continue to do so. ACTION: Notice. Termination of Origination Approval Loans that closed or were approved Agreement: Approval of a mortgagee by before the termination became effective SUMMARY: This notice advises of the HUD/FHA to participate in FHA may be submitted for insurance cause and effect of termination of mortgage insurance programs includes endorsement. Approved loans are those Origination Approval Agreements taken an Origination Approval Agreement already underwritten and approved by a by HUD’s Federal Housing (Agreement) between HUD and the DE underwriter, and cases covered by a Administration (FHA) against HUD- mortgagee. Under the Agreement, the firm commitment issued by HUD. Cases approved mortgagees through the FHA mortgagee is authorized to originate at earlier stages of processing cannot be Credit Watch Termination Initiative. single-family mortgage loans and submit submitted for insurance by the This notice includes a list of mortgagees them to FHA for insurance terminated branch; however, they may which have had their Origination endorsement. The Agreement may be be transferred for completion of Approval Agreements terminated. terminated on the basis of poor processing and underwriting to another FOR FURTHER INFORMATION CONTACT: The performance of FHA-insured mortgage FHA-insured mortgagee with direct Quality Assurance Division, Office of loans originated by the mortgagee. The endorsement approval for the area Housing, Department of Housing and termination of a mortgagee’s Agreement covered by the termination. Mortgagees Urban Development, 451 Seventh Street, is separate and apart from any action are obligated to continue to pay existing

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insurance premiums and meet all other mortgagee’s application for mortgagee must also submit a written obligations associated with insured reinstatement must be in a format corrective action plan to address each of mortgages. prescribed by the Secretary and signed the issues identified in the CPA’s report, A terminated mortgagee may apply for by the mortgagee. In addition, the along with evidence that the plan has reinstatement of the Origination application must be accompanied by an been implemented. The application for Approval Agreement if the approval for independent analysis of the terminated a new Agreement should be in the form the affected branch or branches has been office’s operations as well as its of a letter, accompanied by the CPA’s terminated for at least six months and mortgage production, specifically report and corrective action plan. The the mortgagee continues to be an including the FHA-insured mortgages request should be sent to the Director, approved mortgagee meeting the cited in its termination notice. This Office of Lender Activities and Program requirements of 24 CFR 202.5, 202.6, independent analysis shall identify the Compliance, 451 Seventh Street, SW., 202.7, 202.8 and 202.12. However, underlying cause for the mortgagee’s Room B133–P3214, Washington, DC Mortgagee Letter 2010–20 and Final high default and claim rate. The 20410–8000 or by courier to 490 Rule 5356–F–02 at 24 CFR 202 analysis must be prepared by an eliminates FHA approval for loan independent Certified Public L’Enfant Plaza, East, SW., Suite 3214, correspondents after December 31, 2010. Accountant (CPA) qualified to perform Washington, DC 20024–8000. Therefore, HUD will not accept requests audits under Government Auditing Action: The following mortgagees for reinstatement from loan Standards as provided by the have had their Origination Agreements correspondents after that date. The Government Accountability Office. The terminated by HUD:

Mortgagee branch HUD office Termination Homeowner- Mortgagee name office address jurisdictions effective date ship centers

Access Mortgage Services Inc ...... 97 Main St., Ste 209, Woodbridge, NJ 07095 Newark ...... 11/23/2010 ... Philadelphia Anchor Mortgage ...... 6260 S Rainbow Blvd., Ste 100, Las Vegas, Las Vegas .... 11/16/2010 ... Santa Ana NV 89118. Benefit Funding Corp ...... 10724 Baltimore Ave., Beltsville, MD 20705 .... Washington .. 11/15/2010 ... Philadelphia Birmingham Bancorp Mortgage Corp ...... 6230 Orchard Lake Rd., Ste 280, West Bloom- Detroit ...... 11/15/2010 ... Philadelphia field, MI 48322. Dedicated Mortgage Associates LLC ...... 225 Derry Rd., Hudson, NH 03051 ...... Bangor ...... 11/15/2010 ... Philadelphia Equitable Trust Mortgage Corp ...... 5024 Campbell Blvd., Ste G, Baltimore, MD Washington .. 11/15/2010 ... Philadelphia 21236. Equity Source Home Loans LLC...... 150 Airport Rd., Ste 1100, Lakewood, NJ Camden ...... 12/14/2010 ... Philadelphia 08701. Equity Source Home Loans LLC ...... 1120 Campus Dr., Morganville, NJ 07751 ...... Camden ...... 12/14/2010 ... Philadelphia First Performance Mortgage Corp ...... 1221 Lake Dr., SE., Ste 103, Bessemer, AL Birmingham .. 11/15/2010 ... Atlanta 35022. Freedom Mortgage Corp ...... 10500 Kincaid Dr., Ste 300, Fishers, IN 46037 Indianapolis .. 11/15/2010 ... Atlanta Homeland Lending Inc ...... 105 S Wheeler St., Ste 300, Plant City, FL Jacksonville .. 11/15/2010 ... Atlanta 33563. Metro Finance Corp ...... 30 S Stolp Ave., Ste 314, Aurora, IL 60506 .... Chicago ...... 11/15/2010 ... Atlanta Moncor Inc...... 4660 Wadsworth Blvd., Wheat Ridge, CO Denver ...... 11/16/2010 ... Denver 80033. MVB Mortgage Corp...... 24400 Northwestern Hwy., Southfield, MI Detroit ...... 11/16/2010 ... Philadelphia 48075. Signature One Mortgage Inc ...... 5875 S Rainbow Blvd., Ste 110, Las Vegas, Las Vegas .... 11/15/2010 ... Santa Ana NV 89118. Valor Financial Services LLC ...... 1911 Rohlwing Rd., Ste A, Rolling Meadows, Chicago ...... 11/16/2010 ... Atlanta IL 60008.

Dated: January 12, 2011. ACTION: Notice. whichever rate is higher. The interest David H. Stevens, rate for debentures issued under these Assistant Secretary for Housing—Federal SUMMARY: This notice announces other provisions with respect to a loan Housing Commissioner. changes in the interest rates to be paid or mortgage committed or endorsed [FR Doc. 2011–1360 Filed 1–21–11; 8:45 am] on debentures issued with respect to a during the 6-month period beginning 7 BILLING CODE 4210–67–P loan or mortgage insured by the Federal January 1, 2011, is 3 ⁄8 percent. Housing Administration under the However, as a result of an amendment provisions of the National Housing Act to section 224 of the Act, if an insurance DEPARTMENT OF HOUSING AND (the Act). The interest rate for claim relating to a mortgage insured URBAN DEVELOPMENT debentures issued under section under sections 203 or 234 of the Act and 221(g)(4) of the Act during the 6-month endorsed for insurance after January 23, 1 [Docket No. FR–5493–N–01] period beginning January 1, 2011, is 2 ⁄2 2004, is paid in cash, the debenture percent. The interest rate for debentures interest rate for purposes of calculating Mortgage and Loan Insurance issued under any other provision of the a claim shall be the monthly average Programs Under the National Housing Act is the rate in effect on the date that yield, for the month in which the the commitment to insure the loan or Act—Debenture Interest Rates default on the mortgage occurred, on mortgage was issued, or the date that the United States Treasury Securities AGENCY: Office of the Assistant loan or mortgage was endorsed (or adjusted to a constant maturity of 10 Secretary for Housing—Federal Housing initially endorsed if there are two or Commissioner, HUD. more endorsements) for insurance, years.

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FOR FURTHER INFORMATION CONTACT: Effec- Therefore, for all claims paid in cash on Yong Sun, Department of Housing and tive On or after Prior to mortgages insured under section 203 or Urban Development, 451 Seventh Street, interest 234 of the National Housing Act and rate SW., Room 5148, Washington, DC endorsed for insurance after January 23,

20410–8000; telephone (202) 402–4778 91⁄2 ...... Jan. 1, 1980 ..... July 1, 1980. 2004, the debenture interest rate will be (this is not a toll-free number). 97⁄8 ...... July 1, 1980 ...... Jan. 1, 1981. the monthly average yield, for the Individuals with speech or hearing 113⁄4 .... Jan. 1, 1981 ..... July 1, 1981. month in which the default on the impairments may access this number 127⁄8 .... July 1, 1981 ...... Jan. 1, 1982. mortgage occurred, on United States 3 through TTY by calling the toll-free 12 ⁄4 .... Jan. 1, 1982 ..... Jan. 1, 1983. Treasury Securities adjusted to a 101⁄4 .... Jan. 1, 1983 ..... July 1, 1983. Federal Information Relay Service at constant maturity of 10 years, as found 103⁄8 .... July 1, 1983 ...... Jan. 1, 1984. in Federal Reserve Statistical Release H– (800) 877–8339. 111⁄2 .... Jan. 1, 1984 ..... July 1, 1984. 3 15. The Federal Housing Administration SUPPLEMENTARY INFORMATION: Section 13 ⁄8 .... July 1, 1984 ...... Jan. 1, 1985. 5 has codified this provision in HUD 224 of the Act (12 U.S.C. 1715o) 11 ⁄8 .... Jan. 1, 1985 ..... July 1, 1985. 111⁄8 .... July 1, 1985 ...... Jan. 1, 1986. regulations at 24 CFR 203.405(b) and 24 provides that debentures issued under 1 10 ⁄4 .... Jan. 1, 1986 ..... July 1, 1986. CFR 203.479(b). the Act with respect to an insured loan 81⁄4 ...... July 1, 1986 ...... Jan. 1. 1987. Section 221(g)(4) of the Act provides or mortgage (except for debentures 8 ...... Jan. 1, 1987 ..... July 1, 1987. that debentures issued pursuant to that issued pursuant to section 221(g)(4) of 9 ...... July 1, 1987 ...... Jan. 1, 1988. paragraph (with respect to the the Act) will bear interest at the rate in 91⁄8 ...... Jan. 1, 1988 ..... July 1, 1988. assignment of an insured mortgage to 93⁄8 ...... July 1, 1988 ...... Jan. 1, 1989. the Secretary) will bear interest at the effect on the date the commitment to 1 insure the loan or mortgage was issued, 9 ⁄4 ...... Jan. 1, 1989 ..... July 1, 1989. ‘‘going Federal rate’’ in effect at the time 9 ...... July 1, 1989 ...... Jan. 1, 1990. the debentures are issued. The term or the date the loan or mortgage was 81⁄8 ...... Jan. 1, 1990 ..... July 1, 1990. endorsed (or initially endorsed if there 9 ...... July 1, 1990 ...... Jan. 1, 1991. ‘‘going Federal rate’’ is defined to mean are two or more endorsements) for 83⁄4 ...... Jan. 1, 1991 ..... July 1, 1991. the interest rate that the Secretary of the insurance, whichever rate is higher. 81⁄2 ...... July 1, 1991 ...... Jan. 1, 1992. Treasury determines, pursuant to a This provision is implemented in HUD’s 8 ...... Jan. 1, 1992 ..... July 1, 1992. statutory formula based on the average regulations at 24 CFR 203.405, 203.479, 8 ...... July 1, 1992 ...... Jan. 1, 1993. yield on all outstanding marketable 73⁄4 ...... Jan. 1, 1993 ..... July 1, 1993. 207.259(e)(6), and 220.830. These Treasury obligations of 8- to 12-year 7 ...... July 1, 1993 ...... Jan. 1, 1994. maturities, for the 6-month periods of regulatory provisions state that the 5 6 ⁄8 ...... Jan. 1, 1994 ..... July 1, 1994. January through June and July through applicable rates of interest will be 3 7 ⁄4 ...... July 1, 1994 ...... Jan. 1, 1995. December of each year. Section 221(g)(4) published twice each year as a notice in 83⁄8 ...... Jan. 1, 1995 ..... July 1, 1995. is implemented in the HUD regulations the Federal Register. 71⁄4 ...... July 1, 1995 ...... Jan. 1, 1996. 61⁄2 ...... Jan. 1, 1996 ..... July 1, 1996. at 24 CFR 221.255 and 24 CFR 221.790. Section 224 further provides that the 71⁄4 ...... July 1, 1996 ...... Jan. 1, 1997. The Secretary of the Treasury has interest rate on these debentures will be 63⁄4 ...... Jan. 1, 1997 ..... July 1, 1997. determined that the interest rate to be set from time to time by the Secretary 71⁄8 ...... July 1, 1997 ...... Jan. 1, 1998. borne by debentures issued pursuant to of HUD, with the approval of the 63⁄8 ...... Jan. 1, 1998 ..... July 1, 1998. section 221(g)(4) during the 6-month 1 Secretary of the Treasury, in an amount 6 ⁄8 ...... July 1, 1998 ...... Jan. 1, 1999. period beginning January 1, 2011, is 21⁄2 not in excess of the annual interest rate 51⁄2 ...... Jan. 1, 1999 ..... July 1, 1999. percent. 1 determined by the Secretary of the 6 ⁄8 ...... July 1, 1999 ...... Jan. 1, 2000. The subject matter of this notice falls 61⁄2 ...... Jan. 1, 2000 ..... July 1, 2000. Treasury pursuant to a statutory formula within the categorical exemption from 61⁄2 ...... July 1, 2000 ...... Jan. 1, 2001. based on the average yield of all 6 ...... Jan. 1, 2001 ..... July 1, 2001. HUD’s environmental clearance procedures set forth in 24 CFR outstanding marketable Treasury 57⁄8 ...... July 1, 2001 ...... Jan. 1, 2002. obligations of maturities of 15 or more 51⁄4 ...... Jan. 1, 2002 ..... July 1, 2002. 50.19(c)(6). For that reason, no years. 53⁄4 ...... July 1, 2002 ...... Jan. 1, 2003. environmental finding has been 5 ...... Jan. 1, 2003 ..... July 1, 2003. prepared for this notice. The Secretary of the Treasury (1) has 1 4 ⁄2 ...... July 1, 2003 ...... Jan. 1, 2004. (Authority: Sections 211, 221, 224, National determined, in accordance with the 1 5 ⁄8 ...... Jan. 1, 2004 ..... July 1, 2004. Housing Act, 12 U.S.C. 1715b, 1715l, 1715o; provisions of section 224, that the 1 2 5 ⁄ ...... July 1, 2004 ...... Jan. 1, 2005. Section 7(d), Department of HUD Act, 42 7 statutory maximum interest rate for the 4 ⁄8 ...... Jan. 1, 2005 ..... July 1, 2005. U.S.C. 3535(d).) 1 period beginning January 1, 2011, is 37⁄8 4 ⁄2 ...... July 1, 2005 ...... Jan. 1, 2006. percent; and (2) has approved the 47⁄8 ...... Jan. 1, 2006 ..... July 1, 2006. Dated: January 12, 2011. 3 establishment of the debenture interest 5 ⁄8 ...... July 1, 2006 ...... Jan. 1, 2007. David H. Stevens, 43⁄4 ...... Jan. 1, 2007 ..... July 1, 2007. Assistant Secretary for Housing—Federal rate by the Secretary of HUD at 37⁄8 5 ...... July 1, 2007 ...... Jan. 1, 2008. Housing Commissioner. percent for the 6-month period 41⁄2 ...... Jan. 1, 2008 ..... July 1, 2008. [FR Doc. 2011–1358 Filed 1–21–11; 8:45 am] beginning January 1, 2011. This interest 45⁄8 ...... July 1, 2008 ...... Jan. 1, 2009. BILLING CODE 4210–67–P rate will be the rate borne by debentures 41⁄8 ...... Jan. 1, 2009 ..... July 1, 2009 issued with respect to any insured loan 41⁄8 ...... July 1, 2009 ...... Jan. 1, 2010. or mortgage (except for debentures 41⁄4 ...... Jan. 1, 2010 ..... July 1, 2010. 1 issued pursuant to section 221(g)(4)) 4 ⁄8 ...... July 1, 2010 ...... Jan. 1, 2011. DEPARTMENT OF THE INTERIOR 37⁄8 ...... Jan. 1, 2011 ..... July 1, 2011. with insurance commitment or Office of the Secretary endorsement date (as applicable) within Section 215 of Division G, Title II of the first 6 months of 2011. Public Law 108–199, enacted January Establishment of the Ocean Energy For convenience of reference, HUD is 23, 2004 (HUD’s 2004 Appropriations Safety Advisory Committee publishing the following chart of Act) amended section 224 of the Act, to AGENCY: Department of the Interior. debenture interest rates applicable to change the debenture interest rate for ACTION: Establishment of the Ocean mortgages committed or endorsed since purposes of calculating certain Energy Safety Advisory Committee. January 1, 1980: insurance claim payments made in cash.

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SUMMARY: In accordance with the Members of the Committee will Group II ...... Shell Oil Company. provisions of the Federal Advisory include representatives from the Shell Offshore Inc. Committee Act (FACA), as amended, 5 offshore energy industry; the academic SWEPI LP. U.S.C. App. 2, and with the concurrence community; non-governmental Shell Frontier Oil & Gas Inc. Shell Onshore Ventures Inc. of the General Services Administration, organizations; and the Federal SOI Finance Inc. the Department of the Interior is Government, including BOEMRE, the Shell Rocky Mountain Pro- announcing the establishment of the Department of Energy, the National duction LLC. Ocean Energy Safety Advisory Oceanic and Atmospheric Shell Gulf of Mexico Inc. Committee (Committee). The purpose of Administration, and the United States East Resources Management, the Committee is to provide advice on Coast Guard. LLC. matters and actions relating to offshore The Committee will meet Group III ...... BP America Production Com- energy safety, including, but not limited approximately five times annually, and pany. to drilling and workplace safety, well at such times as designated by the DFO. BP Exploration & Production Inc. intervention and containment, and oil The Secretary of the Interior will BP Exploration (Alaska) Inc. spill response. The Committee will also appoint members to the Committee, Group IV ...... Chevron Corporation. facilitate collaborative research and with input and recommendations from Chevron U.S.A. Inc. development, training and execution in the above-referenced Federal agencies, Chevron Midcontinent, LP. these and other areas relating to offshore the offshore energy industry, the Unocal Corporation. energy safety. academic community and other Union Oil Company of Cali- The Department of the Interior is stakeholders. fornia. seeking nominations for individuals to Certification Statement: I hereby Pure Partners, LP. be considered as Committee members. Group V ...... ConocoPhillips Company. certify that the establishment of the ConocoPhillips Alaska, Inc. DATES: Written nominations must be Ocean Energy Safety Advisory Phillips Pt. Arguello Produc- received by February 23, 2011. Committee is necessary and is in the tion Company. ADDRESSES: Send nominations to: public interest in connection with the Burlington Resources Oil & Lindsay Dubin, Special Assistant to the performance of duties imposed on the Gas Company LP. Director, Bureau of Ocean Energy Department of the Interior under the Burlington Resources Off- Management, Regulation and Outer Continental Shelf Lands Act, as shore Inc. Enforcement, 1849 C Street, NW., amended, 43 U.S.C. 1331 et seq. The Louisiana Land and Ex- ploration Company. Mailstop 5438, Washington, DC 20240; Dated: January 19, 2011. Inexeco Oil Company. [email protected]. Ken Salazar, Group VI ...... Eni Petroleum Co. Inc. FOR FURTHER INFORMATION CONTACT: Secretary of the Interior. Eni Petroleum US LLC. Lindsay Dubin, Special Assistant to the Eni Oil US LLC. [FR Doc. 2011–1374 Filed 1–21–11; 8:45 am] Director, Bureau of Ocean Energy Eni Marketing Inc. Management, Regulation and BILLING CODE 4310–MR–P Eni BB Petroleum Inc. Enforcement, 1849 C Street, NW., Eni US Operating Co. Inc. Eni BB Pipeline LLC. Mailstop 5438, Washington, DC 20240; DEPARTMENT OF THE INTERIOR Group VII ...... Petrobras America Inc. [email protected]. Petroleo Brasileiro S.A. SUPPLEMENTARY INFORMATION: The Bureau of Ocean Energy Management, Group VIII ..... StatoilHydro ASA. Offshore Energy Safety Advisory Regulation and Enforcement Statoil Gulf of Mexico LLC. Committee is being established in StatoilHydro USA E&P, Inc. connection with the responsibilities of Notice on Outer Continental Shelf Oil StatoilHydro Gulf Properties and Gas Lease Sales Inc. the Department of the Interior under the Group IX ...... Total E&P, Inc. Outer Continental Shelf Lands Act, as AGENCY: Bureau of Ocean Energy amended, 43 U.S.C. 1331 et seq. The Management, Regulation and Dated: January 3, 2011. Secretary of the Interior certifies that the Enforcement, Interior. Michael R. Bromwich, formation of the Committee is necessary ACTION: List of restricted joint bidders. and is in the public interest. Director, Bureau of Ocean Energy The Committee will conduct its SUMMARY: Pursuant to the authority Management, Regulation and Enforcement. operations in accordance with the vested in the Director of the Bureau of [FR Doc. 2011–1319 Filed 1–21–11; 8:45 am] provisions of the FACA. It will report to Ocean Energy Management, Regulation BILLING CODE 4310–MR–P the Secretary of the Interior through the and Enforcement by the joint bidding Director of the Bureau of Ocean Energy provisions of 30 CFR 256.41, each entity Management, Regulation and within one of the following groups shall DEPARTMENT OF THE INTERIOR Enforcement (BOEMRE), or the be restricted from bidding with any Fish and Wildlife Service Designated Federal Officer (DFO). entity in any other of the following BOEMRE will provide administrative groups at Outer Continental Shelf oil [FWS–R4–R–2010–N217; 40136–1265–0000– and logistical support to the Committee. and gas lease sales to be held during the S3] The purpose of the Committee is to bidding period November 1, 2010, provide advice on matters and actions through April 30, 2011. The List of Lake Wales Ridge National Wildlife relating to offshore energy safety, Restricted Joint Bidders published in Refuge, Highlands and Polk Counties, including, but not limited to drilling the Federal Register on May 3, 2010, FL; Final Comprehensive Conservation and workplace safety, well intervention covered the period May 1, 2010, through Plan and Finding of No Significant and containment, and oil spill response, October 31, 2010. Impact for Environmental Assessment and to facilitate collaborative research AGENCY: Fish and Wildlife Service, and development, training and Group I ...... Exxon Mobil Corporation. Interior. execution in these and other areas ExxonMobil Exploration Com- ACTION: Notice of availability. relating to offshore energy safety. pany.

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SUMMARY: We, the Fish and Wildlife these plants and animals, the refuge has plan for achieving refuge purposes and Service (Service), announce the not been opened to the public. contributing toward the mission of the availability of our final comprehensive Each of the four units comprising the National Wildlife Refuge System, conservation plan (CCP) and finding of refuge has its own particular merits and consistent with sound principles of fish no significant impact (FONSI) for the value. Ten Federally listed plants, and wildlife management, conservation, environmental assessment for Lake including the only protected population legal mandates, and our policies. In Wales Ridge National Wildlife Refuge of the Federally listed endangered addition to outlining broad management (NWR). In the final CCP, we describe Garrett’s mint, and five Federally listed direction on conserving wildlife and how we will manage this refuge for the animals are known to exist on the their habitats, CCPs identify wildlife- next 15 years. refuge’s Flamingo Villas Unit, including dependent recreational opportunities the threatened Florida scrub-jay. The ADDRESSES: You may obtain a copy of available to the public, including Carter Creek Unit is an excellent the CCP by writing to: Mr. Charles opportunities for hunting, fishing, example of endemic-rich Lake Wales Pelizza, Refuge Manager, 1339 20th wildlife observation, wildlife Ridge sandhill, where 13 Federally Street, Vero Beach, FL 32960–3559, or photography, and environmental listed plants exist, including an by e-mail to: [email protected]. education and interpretation. We will introduced population of the Florida review and update the CCP at least The CCP may also be accessed and ziziphus, once thought to be extinct. It every 15 years in accordance with the downloaded from the Service’s Web is one of only a dozen populations Administration Act. site: http://southeast.fws.gov/planning/ known and one of the rarest and most ‘‘ ’’ under Final Documents. endangered plants in the State. Eight Comments FOR FURTHER INFORMATION CONTACT: Mr. Federally listed plants and two We made copies of the Draft CCP/EA Charles Pelizza; telephone: 772/562– Federally listed animals occur on the available for a 30-day public review and 3909, extension 244; e-mail: small, 36-acre Lake McLeod Unit, one of comment period via a Federal Register [email protected]; or Mr. Bill but two protected sites where the notice on April 30, 2010 (75 FR 22832). Miller; telephone: 561/715–0023; e- endangered scrub lupine occurs. The We received comments from local mail: [email protected]. Snell Creek Unit contains the vast citizens and organizations. SUPPLEMENTARY INFORMATION: majority of the refuge’s sand pine scrub Selected Alternative habitat where rare, threatened, and Introduction endangered species are known to occur, After considering the comments we received, and based on the professional With this notice, we finalize the CCP including the endangered sand skink. judgment of the planning team, we process for Lake Wales Ridge NWR. We The refuge exists as part of a network selected Alternative B for started this process through a notice in of scrubs which include lands managed implementation. the Federal Register on June 20, 2008 by the U.S. Avon Park Air Force Range, State of Florida, The Nature The primary focus under Alternative (73 FR 35149). B is management for rare, threatened, Lake Wales Ridge NWR is a unit of Conservancy, Archbold Biological Station, and Polk and Highland and endangered species. Implementing the Merritt Island National Wildlife Alternative B is expected to result in Refuge Complex and is administered by Counties, with similar purposes to protect and manage what remains of this restoring, improving, and maintaining and co-managed with Pelican Island and habitat conditions for the many and Archie Carr National Wildlife Refuges, unique ecosystem. We announce our decision and the varied rare, threatened, and endangered colloquially termed the Pelican Island availability of the final CCP and FONSI species found on the refuge. Increased National Wildlife Refuge Complex. for Lake Wales Ridge NWR in information on a variety of species, Lake Wales Ridge NWR is one of the accordance with the National suites of species, and habitats will first of its kind in the National Wildlife Environmental Policy Act (NEPA) (40 enhance our decision-making. Further Refuge System to target community- CFR 1506.6(b)) requirements. We benefits will be realized from increased level conservation—specifically scrub completed a thorough analysis of control of exotic, invasive, and nuisance habitat—a unique vegetation type impacts on the human environment, species, and implementation of a largely restricted to the central Florida which we included in the Draft prescribed fire program to target ridge systems occurring on the remnants Comprehensive Conservation Plan and restoration of habitats to pre-fire of ancient beach and sand dune systems Environmental Assessment for Lake exclusion conditions in support of rare, from Ocala National Forest to southern Wales Ridge NWR. The CCP will guide threatened, and endangered species. We Highlands County, Florida. us in managing and administering Lake will coordinate with partners to address The refuge consists of 1,842.4 acres in Wales Ridge NWR for the next 15 years. challenges related to the impacts of fee title across four management units Compatibility determinations are landscape-level ecosystem stresses, within a 12-unit approved acquisition available in the CCP and include including climate change and habitat boundary. These four units are as Research, Wildlife Observation and conversion. We will increase our follows: Flamingo Villas (1,037.6 acres), Photography, and Environmental science and management capacities. We Carter Creek (627.5 acres), Lake McLeod Education and Interpretation. will enhance resource protection (38 acres), and Snell Creek (139.3 acres). through focused and innovative land The refuge contains prime examples of Background acquisition strategies and provide several highly imperiled ecosystems, The National Wildlife Refuge System boundary protection from illicit uses. To including Florida scrub and sandhill, as Administration Act of 1966 (16 U.S.C. achieve this, we will work with well as over half of the Federally listed 668dd–668ee) (Administration Act), as governmental and non-governmental plant species endemic to the Lake Wales amended by the National Wildlife partners, area communities, and local Ridge. The refuge protects 17 Federally Refuge System Improvement Act of businesses, in addition to pursuing listed plants, 40 endemic plants, 6 listed 1997, requires us to develop a CCP for additional staff to address management animals, and 1 candidate species, and each national wildlife refuge. The concerns. more than 40 endemic invertebrates. purpose for developing a CCP is to Alternative B is considered to be the Because of the potential for impacts to provide refuge managers with a 15-year most effective for meeting the purposes

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of the refuge. It addresses priority issues 3. Reports from the Flight 93 respondents, proposed frequency of such as: (1) Declines in and threats to Memorial Task Force and National Park response, and estimated total burden rare, threatened, and endangered Service. may be obtained from the RegInfo.gov species; (2) lack of baseline information 4. Old Business. Web site, http://www.reginfo.gov/ on resources; (3) lack of an effective 5. New Business. public/do/PRAMain or by contacting approach to apply fire management and 6. Public Comments. Michel Smyth by telephone at 202–693– measure fire effects; (4) existence, 7. Closing Remarks. 4129 (this is not a toll-free number) or persistence, and spread of exotic, FOR FURTHER INFORMATION CONTACT: sending an e-mail to invasive, and nuisance species; (5) Joanne M. Hanley, Superintendent, [email protected]. management challenges resulting from Flight 93 National Memorial, 109 West Submit comments about this request fragmented conservation lands under Main Street, Somerset, PA 15501. to the Office of Information and multiple jurisdictions; (6) inability to 814.443.4557. Regulatory Affairs, Attn: OMB Desk complete acquisition within the refuge’s SUPPLEMENTARY INFORMATION: The Officer for the Department of Labor, approved acquisition boundary; (7) meeting will be open to the public. Any Employment and Training threats and impacts of an increasing member of the public may file with the Administration (ETA), Office of human population; (8) lack of on-site Commission a written statement Management and Budget, Room 10235, staff and resources to address needs; concerning agenda items. Address all Washington, DC 20503, Telephone: and (9) lack of understanding on the statements to: Flight 93 Advisory 202–395–6929/Fax: 202–395–6881 effects of global climate change on Commission, 109 West Main Street, (these are not toll-free numbers), e-mail: _ resources. Somerset, PA 15501. Before including OIRA [email protected]. FOR FURTHER INFORMATION CONTACT: Authority your address, phone number, e-mail address, or other personal identifying Contact Michel Smyth by telephone at This notice is published under the information in your comment, you 202–693–4129 (this is not a toll-free authority of the National Wildlife should be aware that your entire number) or by e-mail at Refuge System Improvement Act of comment—including your personal [email protected]. 1997, Public Law 105–57. identifying information—may be made SUPPLEMENTARY INFORMATION: This Dated: October 22, 2010. publicly available at any time. While information collection permits the DOL Mark J. Musaus, you can ask us in your comment to to meet its statutory responsibilities for Acting Regional Director. withhold your personal identifying program administration, management, information from public review, we [FR Doc. 2011–1305 Filed 1–21–11; 8:45 am] and oversight under the Immigration cannot guarantee that we will be able to BILLING CODE 4310–55–P and Naturalization Act. Form ETA 750 do so. part A collects information needed for Dated: December 23, 2010. the professional athlete labor DEPARTMENT OF THE INTERIOR Joanne M. Hanley, certification program for both temporary Superintendent, Flight 93 National Memorial. and permanent athletes. The H–2B National Park Service program establishes a means for [FR Doc. 2011–1352 Filed 1–21–11; 8:45 am] employers to bring nonimmigrant aliens Flight 93 National Memorial Advisory BILLING CODE P to the U.S. to perform nonagricultural Commission work of a temporary or seasonal nature as defined at 8 U.S.C. AGENCY: National Park Service, Interior. DEPARTMENT OF LABOR 1101(a)(15)(H)(ii)(b) and explained in ACTION: Notice of February 5, 2011, Office of the Secretary regulations section 8 CFR 214.2(h)(6). Meeting. Professional athletes are included in the H–2B program. Form ETA 750 part B SUMMARY: This notice sets forth the date Agency Information Collection collects information about the of the February 5, 2011, meeting of the Activities; Submission for OMB professional athlete on whose behalf an Flight 93 Advisory Commission. Review; Comment Request; Application for Alien Employment application for permanent labor DATES: The public meeting of the Certification certification is filed. Part B is also Advisory Commission will be held on required by the DHS for aliens applying Saturday, February 5, 2011, from ACTION: Notice. for the National Interest Waiver (NIW) 10 a.m. to 1 p.m. (Eastern). The of the job offer requirement. Part B Commission will meet jointly with the SUMMARY: The Department of Labor provides detailed information about an Flight 93 Memorial Task Force. (DOL) hereby announces the submission alien’s education and work history, as Location: The meeting will be held of the information collection request required and explained in regulations via teleconference at the Flight 93 (ICR) sponsored by the Employment and section 8 CFR 204.5(k)(4)(ii). National Memorial office, 109 West Training Administration (ETA) titled, Under the PRA, a Federal agency Main Street, Suite 104, Somerset, PA ‘‘Application for Alien Employment generally cannot conduct or sponsor a 15501. Certification,’’ to the Office of collection of information unless it is Management and Budget (OMB) for Agenda currently approved by the OMB under review and approval for continued use the PRA and displays a currently valid The February 5, 2011, joint in accordance with the Paperwork OMB control number. Furthermore, the Commission and Task Force meeting Reduction Act of 1995 (Pub. L. 104–13, public is generally not required to will consist of: 44 U.S.C. chapter 35). respond to a collection of information 1. Opening of Meeting and Pledge of DATES: Submit comments on or before unless it displays a currently valid OMB Allegiance. February 23, 2011. control number. In addition, 2. Review and Approval of ADDRESSES: A copy of this ICR, with notwithstanding any other provisions of Commission Minutes from November applicable supporting documentation; law, no person shall generally be subject 10, 2010. including a description of the likely to penalty for failing to comply with a

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collection of information if the Total Estimated Annual Costs Burden: section 30 CFR 77.1900 requires an collection of information does not $207,747. underground coal mine operator to display a currently valid OMB control Dated: January 18, 2011. submit for approval a plan that will number. See 5 CFR 1320.5(a) and Michel Smyth, provide for the safety of workmen in 1320.6. The DOL obtains OMB approval each slope or shaft that is commenced Departmental Clearance Officer. for this information collection under or extended from the surface to the OMB Control Number 1205–0015. The [FR Doc. 2011–1294 Filed 1–21–11; 8:45 am] underground coal mine. current OMB approval is scheduled to BILLING CODE 4510–30–P This information collection is subject expire on January 31, 2011; however, it to the PRA. A Federal agency generally should be noted that information DEPARTMENT OF LABOR cannot conduct or sponsor a collection collections submitted to the OMB of information, and the public is receive a month-to-month extension Office of the Secretary generally not required to respond to an while they undergo review. For information collection, unless it is additional information, see the related Agency Information Collection currently approved by the OMB under notice published in the Federal Register Activities; Submission for OMB the PRA and displays a currently valid on August 20, 2010 (75 FR 51484). Review; Comment Request; Slope and OMB Control Number. In addition, Interested parties are encouraged to Shaft Sinking Plans notwithstanding any other provisions of send comments to the OMB, Office of law, no person shall generally be subject Information and Regulatory Affairs at ACTION: Notice. to penalty for failing to comply with a ADDRESSES the address shown in the SUMMARY: The Department of Labor collection of information if the section within 30 days of publication of (DOL) hereby announces submission of collection of information does not this notice in the Federal Register. In the Mine Safety and Health display a currently valid OMB control order to ensure appropriate Administration (MSHA) sponsored number. See 5 CFR 1320.5(a) and consideration, comments should information collection request (ICR) 1320.6. The DOL obtains OMB approval reference OMB Control Number 1205– titled, ‘‘Slope and Shaft Sinking Plans,’’ for this information collection under 0015. The OMB is particularly to the Office of Management and Budget OMB Control Number 1219–0019. The interested in comments that: current OMB approval is scheduled to • (OMB) for review and approval for Evaluate whether the proposed continued use in accordance with the expire on January 31, 2011; however, it collection of information is necessary Paperwork Reduction Act of 1995 should be noted that information for the proper performance of the (Pub. L. 104–13, 44 U.S.C. chapter 35). collections submitted to the OMB functions of the agency, including receive a month-to-month extension DATES: Submit comments on or before whether the information will have while they undergo review. For February 23, 2011. practical utility; additional information, see the related ADDRESSES: • Evaluate the accuracy of the A copy of this ICR, with notice published in the Federal Register agency’s estimate of the burden of the applicable supporting documentation; on September 16, 2010 (Vol. 75 FR proposed collection of information, including a description of the likely 56562). including the validity of the respondents, proposed frequency of Interested parties are encouraged to methodology and assumptions used; response, and estimated total burden send comments to the OMB, Office of • Enhance the quality, utility, and may be obtained from the RegInfo.gov Information and Regulatory Affairs at Web site, http://www.reginfo.gov/ clarity of the information to be the address shown in the ADDRESSES collected; and public/do/PRAMain or by contacting section within 30 days of publication of Michel Smyth by telephone at 202–693– • Minimize the burden of the this notice in the Federal Register. In 4129 (this is not a toll-free number) or collection of information on those who order to ensure appropriate sending an e-mail to are to respond, including through the consideration, comments should [email protected]. use of appropriate automated, reference OMB Control Number 1219– Submit comments about this request electronic, mechanical, or other 0019. The OMB is particularly to the Office of Information and technological collection techniques or interested in comments that: Regulatory Affairs, Attn: OMB Desk other forms of information technology, • Officer for the Department of Labor, Evaluate whether the proposed e.g., permitting electronic submission of Mine Safety and Health Administration collection of information is necessary responses. (MSHA), Office of Management and for the proper performance of the Agency: Employment and Training Budget, Room 10235, Washington, DC functions of the agency, including Administration (ETA). 20503, Telephone: 202–395–6929/Fax: whether the information will have Type of Review: Revision of a practical utility; 202–395–6881 (these are not toll-free • currently approved collection. numbers), e-mail: Evaluate the accuracy of the Title of Collection: Application for [email protected]. agency’s estimate of the burden of the Alien Employment Certification. proposed collection of information, Form Number: ETA–750 part A, ETA– FOR FURTHER INFORMATION CONTACT: including the validity of the 750 part B. Contact Michel Smyth by telephone at methodology and assumptions used; OMB Control Number: 1205–0015. 202–693–4129 (this is not a toll-free • Enhance the quality, utility, and Affected Public: Private sector, number) or by e-mail at clarity of the information to be _ _ businesses or other for-profits and not- DOL PRA [email protected]. collected; and for-profit institutions. SUPPLEMENTARY INFORMATION: Federal • Minimize the burden of the Total Estimated Number of Mine Safety and Health Act of 1977 collection of information on those who Respondents: 2,035. (Mine Act) section 103(h), 30 U.S.C. are to respond, including through the Total Estimated Number of 813, authorizes the MSHA to collect use of appropriate automated, Responses: 2,035. information necessary to carry out the electronic, mechanical, or other Total Estimated Annual Burden agency’s duty in protecting the safety technological collection techniques or Hours: 3,696. and health of miners. Regulations other forms of information technology,

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e.g., permitting electronic submission of scheduling priorities of the key science.nasa.gov/missions/msl/. NASA responses. participants. Visitors will need to show was unable to finish preparation of the Agency: Mine Safety and Health a valid picture identification such as a MSL Mission in time for the 2009 Administration (MSHA). driver’s license to enter the NASA launch opportunity, and NASA Science Title of Collection: Slope and Shaft Headquarters building (West Lobby— Mission Directorate (SMD) Associate Sinking Plans. Visitor Control Center), and must state Administrator issued a modified ROD OMB Control Number: 1219–0019. that they are attending the NASA indicating NASA’s decision to complete Affected Public: Private sector, Advisory Council meeting in room 9H40 preparation and launch the MSL businesses or other for-profits. before receiving an access badge. All mission in 2011. The full text of the Total Estimated Number of non-U.S citizens must fax a copy of modified ROD is provided below. Respondents: 73. their passport, and print or type their DATES: Effective Date: January 24, 2011. Total Estimated Number of name, current address, citizenship, FOR FURTHER INFORMATION CONTACT: Responses: 73. company affiliation (if applicable) to Additional information about NASA’s Total Estimated Annual Burden include address, telephone number, and MSL Mission is available on the MSL Hours: 1,460. their title, place of birth, date of birth, Mission Web site at http:// Total Estimated Annual Costs Burden: U.S. visa information to include type, science.nasa.gov/missions/msl/. Agency $1,272. number, and expiration date, U.S. Social Point of Contact: Mr. Dave Lavery, Dated: January 18, 2011. Security Number (if applicable), and Planetary Science Division, Science Michel Smyth, place and date of entry into the U.S. Fax Mission Directorate, NASA Departmental Clearance Officer. to Marla King, NASA Advisory Council Headquarters, Washington, DC 20546– [FR Doc. 2011–1306 Filed 1–21–11; 8:45 am] Administrative Officer, FAX: (202) 358– 0001, telephone 202–358–4800, or 3030, by no later than February 1, 2011. BILLING CODE 4510–43–P electronic mail [email protected]. To expedite admittance, attendees with SUPPLEMENTARY INFORMATION: U.S. citizenship can provide identifying information 3 working days in advance Modified Record of Decision: NASA NATIONAL AERONAUTICS AND by contacting Marla King via e-mail at MSL Mission SPACE ADMINISTRATION [email protected] or by telephone This modified Record of Decision [Notice: (11–007)] at (202) 358–1148 or fax: (202) 358– (ROD) documents NASA’s consideration 3030. of possible changes in the potential NASA Advisory Council; Meeting Dated: January 14, 2011. environmental impacts of the Mars AGENCY: National Aeronautics and P. Diane Rausch, Science Laboratory (MSL) mission with Space Administration. Advisory Committee Management Officer, the launch postponed from the original ACTION: Notice of Meeting. National Aeronautics and Space 2009 launch opportunity to the next Administration. available launch opportunity in 2011. SUMMARY: In accordance with the [FR Doc. 2011–1367 Filed 1–21–11; 8:45 am] This document modifies the ROD Federal Advisory Committee Act, Public BILLING CODE 7510–13–P issued for the MSL mission on Law 92–463, as amended, the National December 27, 2006. In 2006, NASA Aeronautics and Space Administration decided to complete preparations for announces a meeting of the NASA NATIONAL AERONAUTICS AND launch of the MSL mission during a Advisory Council. SPACE ADMINISTRATION September to November 2009 launch period and to operate the mission using DATES: Thursday, February 10, 2011, [Notice (11–008)] 8 a.m.–5 p.m., Local Time. Friday, a Multi-Mission Radioisotope February 11, 2011, 8 a.m.–12 p.m., Local National Environmental Policy Act; Thermoelectric Generator (MMRTG) as Time. Mars Science Laboratory (MSL) the primary power source for the rover. ADDRESSES: NASA Headquarters, 300 E Mission However, in December 2008, NASA Street, SW., Room 9H40, (PRC), made a determination that the MSL Washington, DC 20456. AGENCY: National Aeronautics and rover could not be ready in time for the Space Administration (NASA). original 2009 launch window because of FOR FURTHER INFORMATION CONTACT: ACTION: Notice of Modified Record of unexpected spacecraft technical and Ms. Marla King, NAC Administrative testing challenges. Launch opportunities Officer, National Aeronautics and Space Decision (ROD) for MSL Final Environmental Impact Statement (EIS). for Mars missions occur approximately Administration Headquarters, every 26 months; consequently, the next Washington, DC 20546, (202) 358–1148. SUMMARY: Pursuant to the National launch opportunity is November to SUPPLEMENTARY INFORMATION: The Environmental Policy Act, as amended, December 2011. NASA is continuing agenda for the meeting will include (NEPA) (42 U.S.C. 4321 et seq.), the preparations for launch of the MSL reports from the NAC Committees: Council on Environmental Quality mission during this next launch —Aeronautics. Regulations for Implementing the opportunity. —Audit, Finance and Analysis. Procedural Provisions of NEPA (40 CFR In considering the launch of the MSL —Commercial Space. parts 1500–1508), and NASA’s NEPA mission during late 2011, NASA —Education and Public Outreach. policy and procedures (14 CFR part identified factors that might affect the —Exploration. 1216, subpart 1216.3), NASA prepared environmental impact analysis —Science. and issued the Final EIS for the presented in the existing Final —Space Operations. proposed MSL Mission. A ROD was Environmental Impact Statement (FEIS) —Technology and Innovation. issued on December 27, 2006 indicating for the MSL mission. The Department of The meeting will be open to the public NASA’s decision to prepare and launch Energy (DOE) helped NASA reassess up to the seating capacity of the room. the MSL Mission in 2009. A copy of the potential radiological impacts by It is imperative that the meeting be held Final EIS and ROD are available at the evaluating the nuclear risk described in on this date to accommodate the following Web site: http:// the 2006 FEIS against up to date

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information regarding the MSL mission NASA published a Notice of three members of the public presented and use of the 2011 launch opportunity. Availability (NOA) of the DEIS for the oral comments, were included in the Factors included in this evaluation MSL mission in the Federal Register on FEIS as Appendix E; no oral comments included the launch vehicle selection, September 5, 2006 (71 FR 52347). The were presented during the October 10 duration and time of the launch period, DEIS was mailed by NASA to 59 meeting. meteorology for the launch period, potentially interested Federal, State and The EPA published a finding of no launch trajectories, and ground local agencies, organizations and objection (i.e., LO—Lack of Objection) processing of the launch vehicle. NASA individuals. In addition, the DEIS was to the Proposed Action regarding also reassessed the non-radiological publicly available in electronic format NASA’s DEIS in the Federal Register on environmental impacts discussed in the on NASA’s Web site. The U.S. November 3, 2006 (71 FR 64701). FEIS against up to date information Environmental Protection Agency (EPA) NASA published its NOA for the FEIS regarding the MSL mission. Factors published its NOA for the DEIS in the in the Federal Register on November 21, included in this evaluation included Federal Register on September 8, 2006 2006 (71 FR 67389), and mailed copies updated information concerning (71 FR 53093), initiating the 45-day to 119 Federal, State and local agencies, spacecraft trajectories and potential review and comment period. organizations, and individuals. In reentry accidents and environments. The public review and comment addition, NASA made the FEIS period closed on October 23, 2006. available in electronic format on its Web Background (Purpose and Need for the NASA received ten comment site and mailed the FEIS to commentors Proposed Mission) submissions (letters and other written on the DEIS. NASA sent e-mail The purpose of the MSL mission is to comments) from three Federal agencies, notifications to 23 individuals who had both conduct comprehensive science on one State agency, one private submitted comments on the DEIS via e- the surface of Mars and demonstrate organization, and five individuals. The mail or had previously expressed technological advancements in the comments received included ‘‘no interest in the MSL mission. The EPA exploration of Mars. As described in the comment’’, requests for clarification of published its NOA in the Federal 2006 FEIS, the mission’s overall specific sections of text, and objections Register on November 24, 2006 (71 FR scientific goals are: (1) Assess the to the use of nuclear material for space 67863), initiating the 30-day waiting biological potential of at least one missions. In addition, NASA received a period, which ended on December 26, selected site on Mars; (2) characterize total of 34 comment submissions via 2006. The EPA issued a finding of no the geology and geochemistry of the electronic mail (e-mail) from 32 objection to the Proposed Action in the landing region at all appropriate spatial individuals. These comment FEIS on December 21, 2006. No scales; (3) investigate planetary submissions include objections to the additional comments were received by processes of relevance to past use of nuclear material for space NASA during this period. habitability; and (4) characterize the missions, and general support for the On December 27, 2006, NASA issued broad spectrum of the Martian surface proposed MSL mission. These a ROD to complete preparations for radiation environment. The objectives comments were considered in launch of the proposed MSL mission planned for the mission are described in developing the FEIS, and responses to during September through November the December 27, 2006, NASA Record of these comments were prepared and 2009 and to operate the mission using Decision for the MSL mission. included in the FEIS as Appendix D. an MMRTG as the primary power source In addition to soliciting comments for History of MSL NEPA Compliance for the rover. submittal by letter and e-mail, NASA Activities held three meetings during which the Key Environmental Issues Addressed in NASA prepared an environmental public was invited to provide both oral the MSL EIS impact statement (EIS) to analyze the and written comments on the MSL Two key environmental issues potential environmental impacts of the DEIS. Two meetings were held on addressed in the MSL EIS were the air planned MSL mission. The DOE was a September 27, 2006, at the Florida Solar emissions that would accompany cooperating agency in the EIS because Energy Center in Cocoa, Florida, and normal launch of the MSL spacecraft, the Proposed Action would use a DOE- one meeting was held on October 10, and the environmental consequences developed and owned radioisotope 2006, at the Hyatt Regency Hotel in associated with potential launch power system (RPS), specifically the Washington, DC. NASA placed paid accidents. MMRTG, to provide electrical power for advertisements announcing the dates, Environmental Consequences of a the MSL rover. times, and purpose of the public Normal Launch On March 10, 2006, NASA published meetings in local and regional a Notice of Intent in the Federal newspapers together with the full text of The primary environmental impacts Register (71 FR 12402) to prepare an EIS NASA’s NOA in the legal notices of a normal mission launch would be and conduct scoping for the MSL section of each newspaper. Members of associated with airborne emissions from mission. Public input and comments on the public attending each meeting were the strap-on solid rocket boosters that alternatives, potential environmental asked to register their attendance at the would be used on the Atlas V launch impacts and concerns associated with meeting. However, registration was not vehicle. Air emissions from the liquid the proposed MSL mission were a requirement for anyone wishing to propellant engines on the Atlas V core requested. The scoping period ended on present either oral or written comments. vehicle, although large in magnitude, April 24, 2006. One scoping comment Eleven members of the public registered would be relatively inconsequential in was received during this period from a for the 1 p.m. meeting and seven terms of environmental effects. The Federal agency expressing concerns registered for the 6 p.m. meeting on effects of a normal launch would regarding habitat management of September 27 in Cocoa, Florida. Eleven include short-term adverse impacts on threatened and endangered species near members of the public registered for the air quality within the exhaust cloud at the MSL launch site at Cape Canaveral meeting on October 10 in Washington, and near the launch pad, and the Air Force Station (CCAFS), Florida. DC. Excerpts of the official transcripts potential for acidic deposition from the These concerns were addressed in the taken by a court reporter during the solid booster exhaust on the vegetation Draft EIS (DEIS). September 27 meetings, during which and surface water bodies at and near the

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launch complex. Shortly after lift-off, was a principal focus of the MSL EIS. fail to destroy the launch vehicle. The the exhaust cloud would be transported As described in the MSL EIS, depending mean probabilities of these events were downwind and upward, eventually upon the sequence of events, some estimated to range from 1 in 8,000 to 1 dissipating to background launch accidents could result in release in 800,000. These less likely accidents concentrations. Because launches from of some of the plutonium dioxide could, however, expose the MMRTG to Cape Canaveral Air Force Station (PuO2) contained in the MMRTG, which severe accident environments, including (CCAFS) are relatively infrequent events could have adverse impacts on human mechanical damage, fragments, and and winds rapidly disperse and dilute health and the environment.Results of solid propellant fires, and could result the launch emissions to background the DOE risk assessment for the EIS in higher releases of PuO2 (up to 2 concentrations, no long-term adverse showed that the most likely outcome of percent of the MMRTG inventory) with impacts to air quality in offsite areas implementing the MSL mission would the corresponding potential for higher would be anticipated. Surface waters in be a successful launch with no release consequences. The maximally exposed the immediate area of the exhaust cloud of radioactive materials. For most individual could receive a mean dose would temporarily acidify from launch-related problems that could ranging from a fraction of one rem up deposition of hydrogen chloride, but no occur prior to launch, the most likely to about 30 rem following the more prolonged acidification or other long- result would be a safe hold or severe types of less likely accidents, term adverse effects would be termination of the launch countdown. such as ground impact of the entire anticipated. Biota in the immediate The EIS risk assessment did, however, launch vehicle, which are considered to vicinity of the launch pad could be identify potential launch accidents that, be very unlikely (i.e., probabilities damaged or killed by intense heat although unlikely, could result in a ranging from 1 in 10,000 to 1 in 1 following ignition and hydrogen release of PuO2 in the launch area, million). Assuming no mitigation chloride deposition from the exhaust southern Africa following suborbital actions, such as sheltering and cloud, but no long-term adverse effects reentry and other global locations exclusion of people from contaminated to biota would be anticipated. Neither following orbital reentry. land areas, radiation doses to the short-term nor long-term adverse For those postulated accidents with a potentially exposed members of the impacts to threatened or endangered release which could occur in and near population from a very unlikely launch species would be expected. No the launch area, the predicted mean accident could result in up to 60 mean significant socioeconomic impacts radiological dose to the maximally additional cancer fatalities over the long would be expected on nearby exposed individual was about 0.14 rem, term. communities, and no impacts would be which is the equivalent of about 40 For the very unlikely accident that expected to cultural, historical, or percent of the normal annual involved ground impact of the entire archeological resources as a result of the background dose received by each launch vehicle, roughly 90 square member of the U.S. population during a MSL mission launch. kilometers (about 35 square miles) of Some short-term ozone degradation year. No short-term radiological effects land area could be contaminated above μ 2 would occur along the flight path as the would be expected from any of these the 0.2 Ci/m screening level. Atlas V launch vehicle passes through exposures. Each exposure would, Contamination at this level could the stratosphere and deposits ozone- however, increase the statistical necessitate radiological surveys and depleting chemicals from the exhaust likelihood of a cancer fatality over the potential mitigation and cleanup products of the solid rocket boosters. long term. For such unlikely accidents actions. with a release, additional latent cancer However, the depletion trail from a fatalities are predicted to be small. (i.e., Non-Radiological Considerations launch vehicle has been estimated to be a mean of 0.4 additional latent cancer The two non-radiological accidents of largely temporary, and is self-healing fatalities among the potentially exposed greatest concern would be a liquid within a few hours of the vehicle’s members of the local population near propellant spill during fueling passage. The total contribution to the the launch area, and a mean of 0.2 operations and a launch vehicle failure. average annual depletion of ozone from additional latent cancer fatalities among A liquid propellant spill during fueling the launch of large expendable launch potentially exposed members of the operations would not be expected to vehicles with solid rocket boosters in a global population). These estimates of result in any public health impacts or given year has been estimated to be health consequences assumed no any long-term environmental small (approximately 0.014 percent per mitigation actions, such as sheltering consequences. Fueling operations for year). Because launches at CCAFS are and exclusion of people from the Atlas V involve rocket propellant-1 always separated by at least a few days, contaminated land areas. (a form of kerosene), liquid hydrogen, combined impacts in the sense of holes Potential environmental liquid oxygen, and hydrazine. Launch in the ozone layer combining or contamination was evaluated in terms of preparation activities at CCAFS are reinforcing one another cannot occur. land area exceeding various screening subject to environmental regulations, Launch of the Atlas V for the MSL levels and dose-rate related criteria. including spill prevention and response mission would produce a very small Results of the MSL EIS risk assessment requirements, and U.S. Air Force fraction (less than 0.00001 percent) of indicated that a potential, but unlikely (USAF) and launch service contractor the annual net greenhouse gases emitted launch area accident, involving the safety requirements specify detailed by the United States. Therefore, launch intentional destruction of all launch policies and procedures to be followed of the mission would not be anticipated vehicle stages freeing the MMRTG to fall to ensure worker and public safety to substantially contribute to the to the ground, could result in about six during all liquid propellant fueling accumulation of greenhouse gases. square kilometers (about two square operations. Spill containment would be Environmental Consequences of miles) potentially contaminated above in place prior to any propellant transfer Potential Accidents the 0.2 μCi/m2 screening level. to capture any potential release. Less likely launch accidents were also A launch vehicle failure on or near Radiological Considerations assessed. These events were postulated the launch area during the first few Consideration of launch accidents for cases in which an accident occurs in seconds of flight could result in the involving radiological consequences the launch area and the safety systems release of the propellants (solid and

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liquid) onboard the Atlas V and the maximum individual dose (the largest spacecraft, would be expected to fall spacecraft. The resulting emissions expected dose that any person could over the Atlantic Ocean. Under certain would resemble those from a normal receive for a particular accident); (2) launch accident conditions, there is a launch, consisting principally of carbon impacts to the exposed portion of the small probability the spacecraft with a monoxide, carbon dioxide, hydrogen population in terms of the potential for full propellant load (475 kg) could chloride, oxides of nitrogen, and additional latent cancer fatalities due to reenter prior to achieving orbit and aluminum oxide from the combusted a radioactive release (i.e., cancer impact land in southern Africa or propellants. A launch vehicle failure fatalities that are in excess of those Madagascar. The probability of such an would result in the prompt combustion latent cancer fatalities which the general accident occurring and leading to a land of a portion of the released liquid population would normally experience impact is on the order of 1 in 20,000. As propellants, depending on the degree of from all causes over a long-term period indicated in the FEIS, the MSL mixing and ignition sources associated following the release); and (3) impacts spacecraft’s propellant is hydrazine. The with the accident, and somewhat slower to the environment in terms of land area overall risk of an individual injury burning of the solid propellant contaminated at or above specified resulting from the land impact of a fragments. Falling debris would be levels. spacecraft and exposure to hydrazine is expected to land on or near the launch In considering the launch of the MSL less than one in 100,000. pad resulting in potential secondary mission during late 2011, NASA In other potential accident scenarios ground-level explosions and localized identified factors that might have an (i.e., those occurring after achievement fires. After the launch vehicle clears impact on the environmental of the park orbit), the spacecraft could land, debris from an accident would be consequences described in the existing reenter from orbit, potentially impacting expected to fall over the Atlantic Ocean. EIS. DOE in cooperation with NASA land anywhere between 36° north or Modeling of accident consequences evaluated their risk assessment south of the equator. Under these with meteorological parameters that supporting the EIS against up to date conditions, only a small portion (i.e. would result in the greatest information regarding the MSL mission less than about 5%) of the full concentrations of emissions over land and use of the 2011 launch opportunity. propellant load could reach the ground areas indicates that the emissions would Factors in that evaluation included the if the tanks did not burst due to reentry not reach levels threatening public launch vehicle selection, duration and heating effects and release their contents health. Some burning solid and liquid time of the launch period, meteorology into the atmosphere. The overall propellants could enter surface water for the launch period, launch probability of this type of accident bodies and the ocean, resulting in short- trajectories, and ground processing of occurring is less than 1 in 200. In this term, localized degradation of water the launch vehicle. type of accident it is extremely unlikely quality and conditions toxic to aquatic DOE evaluated the changes associated that there would be any hydrazine life. Such chemicals entering the ocean with the 2011 launch in terms of residual remaining inside the propellant would be rapidly dispersed and potential changes in (1) impacts to tanks at the point of ground impact. buffered, resulting in little long-term individuals in terms of the maximum individual dose; (2) impacts to the Incomplete and Unavailable adverse impact on water quality and Information resident biota. exposed portion of the population in terms of the potential for additional As is typical for complex, long lead Reconsideration of Environmental latent cancer fatalities due to a time NASA missions such as MSL, Issues in Light of Up to Date Mission radioactive release; and (3) impacts to several technical issues that could affect Information and the Proposed 2011 the environment in terms of land area the results summarized in this modified Launch of MSL contaminated at or above specified ROD will undergo continuing Radiological Considerations levels. DOE documented the results of evaluation as a part of a more detailed this evaluation and provided the results safety analysis and as part of other non- DOE’s risk assessment for the MSL to NASA. DOE’s conclusion is that the mission specific test and analysis work EIS was developed during the time updated results are consistent with by NASA and DOE. Issues that continue when the candidate launch vehicles results reported in the MSL FEIS and to be evaluated include: being considered by NASA for the MSL summarized in the 2006 MSL ROD and • The solid propellant fire mission were the Atlas V 541 and the the preceding section of this ROD. environment and its potential effect on Delta IV Heavy, prior to NASA’s the release of PuO from an MMRTG, Non-Radiological Considerations 2 selection of the Atlas V 541. A • The behavior of solid PuO2 and composite approach was taken in the The non-radiological environmental PuO2 vapor in the fire environment and risk assessment in which results for impacts from a normal launch in 2011 the potential for PuO2 vapor to permeate representative configurations of the also remain unchanged from those the graphite components in an MMRTG, Atlas V 541 and Delta IV Heavy launch expected for the 2009 launch • The mechanical response of the vehicles were combined in a opportunity. MMRTG for the mission-specific probability-weighted manner to derive Similarly, expected non-radiological configuration of the MSL mission, and accident probabilities, potential releases impacts associated with potential • The risks (i.e., probabilities and of PuO2 in case of an accident, launch accidents are also unchanged effects) from release of spacecraft and radiological consequences, and mission from those for the 2009 launch launch vehicle propellants in various risks. Differences in the two launch opportunity. However, because there launch accident scenarios. vehicles in terms of design, accident has been some recent heightened Results from these ongoing analyses probabilities and accident environments general interest in the non-radiological and tests are not anticipated to were taken into account in developing hazards associated with reentering substantively affect the environmental composite results. space objects, the following additional evaluations summarized in this For the MSL EIS, radiological impacts information is provided. modified ROD. However, NASA will or consequences for each postulated Consistent with the FEIS, after the review such results as they become accident were calculated in terms of: (1) launch vehicle clears land, debris from available and will consider their Impacts to individuals in terms of the an accident including the MSL potential effects on the MSL

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environmental impact analyses and, as to request clearance of this collection. In that responds to current concerns and appropriate, the need for additional accordance with the requirement of projections about the growing demand MSL environmental documentation. Section 3506(c)(2)(A) of the Paperwork for professionals and information Reduction Act of 1995, we are providing Conclusion technology workers in the U.S. and opportunity for public comment on this seeks solutions to help ensure the Based on CEQ regulations, action. breadth and depth of the STEM specifically 40 CFR 1502.9(c)(1), the two After obtaining and considering workforce. Information technologies are situations in which an agency must public comment, NSF will prepare the integral to both the workplace and issue a supplemental EIS are: (i) submission requesting OMB clearance everyday activities of most Americans. Substantial changes in the proposed of this collection for no longer than 3 They are part of how people learn, how action that are relevant to years. they interact with each other and environmental concerns or (ii) Comments are invited on: (a) Whether information, and how they represent significant new circumstances or the proposed collection of information and understand their world. Attaining a information relevant to environmental is necessary for the proper performance basic understanding of these concerns associated with the proposed of the functions of the Agency, technologies and mastery of essential action. Using these criteria, NASA has including whether the information shall technical skills is a requirement for evaluated its updated MSL mission have practical utility; (b) the accuracy of information, including the changes to the Agency’s estimate of the burden of anyone to benefit from innovation in the the mission associated with a 2011 the proposed collection of information; modern world. The technological launch opportunity and further (c) ways to enhance the quality, utility, growth of the nation depends on a considered DOE’s evaluation of the and clarity of the information on technologically literate citizenry. ITEST existing EIS risk assessment. Based respondents, including through the use is designed to increase the opportunities upon these evaluations, NASA has of automated collection techniques or for students and teachers to learn about, concluded there are no substantial other forms of information technology; experience, and use information changes relevant to environmental and (d) ways to minimize the burden of technologies within the context of concerns associated with the updated the collection of information on science, technology, engineering, and mission information and change in respondents, including through the use mathematics (STEM), including launch opportunity from 2009 to 2011. of automated collection techniques or Information Technology (IT) courses. NASA has further concluded there are other forms of information technology. Supported projects are intended to no significant new circumstances or DATES: Written comments should be provide opportunities for K–12 children information relevant to environmental received by March 25, 2011 to be and teachers to build the skills and concerns associated with the updated assured of consideration. Comments knowledge needed to advance their mission information and change in received after that date will be study, and to function and to contribute launch opportunity from 2009 to 2011. considered to the extent practicable. in a technologically rich society. Decision ADDRESSES: Written comments Additionally, exposure to engaging regarding the information collection and applications of IT is a means to Based upon all of the forgoing, requests for copies of the proposed stimulate student interest in the field including consideration of the 2006 information collection request should be and an important precursor to the Record of Decision, it is my decision to addressed to Suzanne Plimpton, Reports academic preparation needed to pursue complete development and preparations Clearance Officer, National Science IT careers. for launch of the proposed MSL mission Foundation, 4201 Wilson Blvd., Rm. during November–December 2011, and The ITEST program evaluation will 295, Arlington, VA 22230, or by e-mail to operate the mission using an MMRTG characterize the variety of ITEST to [email protected]. as the primary power source for the projects, measure the rigor of individual rover. FOR FURTHER INFORMATION CONTACT: project evaluations, estimate outcomes Suzanne Plimpton on (703) 292–7556 or Edward J. Weiler, NASA Science for students and teachers involved in a send e-mail to [email protected]. sample of projects, and identify Mission Directorate (SMD) Associate Individuals who use a Administrator exemplary project models. In order to telecommunications device for the deaf accomplish these tasks, the ITEST Signed: August 23, 2010 (TDD) may call the Federal Information program evaluation will employ a Dated: January 14, 2011. Relay Service (FIRS) at 1–800–877–8339 mixed-method approach including case Charles J. Gay, between 8 a.m. and 8 p.m., Eastern time, studies, quasi-experiments, and Deputy Associate Administrator, Science Monday through Friday. extensive document review. This Mission Directorate. SUPPLEMENTARY INFORMATION: information collection request will [FR Doc. 2011–1366 Filed 1–21–11; 8:45 am] Title of Collection: Innovative include a series of protocols to be used BILLING CODE P Technology Experiences for Students while conducting site visit interviews, a and Teachers (ITEST) Program. list of documents to be requested during Evaluation for the National Science visits, and a student-survey instrument NATIONAL SCIENCE FOUNDATION Foundation to measure project outcomes. Comment Request: Innovative OMB Number: 3145–NEW. Estimate of Burden Technology Experiences for Students Expiration Date of Approval: Not and Teachers (ITEST) Program applicable. Respondents: Individuals. Type of request: Initial Clearance. Frequency: Annual. AGENCY: National Science Foundation. Abstract Estimated Number of Respondents: ACTION: Notice. Innovative Technology Experiences 1,402. SUMMARY: The National Science for Students and Teachers (ITEST) is a Estimated Burden Hours on Foundation (NSF) is announcing plans National Science Foundation program Respondents: 1,052 hours.

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Dated: January 19, 2011. Dated: January 19, 2011. in STEM is a vital aspect of the NSF Suzanne H. Plimpton, Susanne Bolton, mission, and CEOSE recommendations Reports Clearance Officer, National Science Committee Management Officer. assist NSF in fulfilling this aspect of its Foundation. [FR Doc. 2011–1344 Filed 1–21–11; 8:45 am] mission. Recommendations for membership [FR Doc. 2011–1373 Filed 1–21–11; 8:45 am] BILLING CODE 7555–01–P BILLING CODE 7555–01–P are encouraged from the STEM community, including professional NATIONAL SCIENCE FOUNDATION societies, academe, industry, and NATIONAL SCIENCE FOUNDATION government. Recommended individuals Committee on Equal Opportunity in should possess expertise in a Committee on Equal Opportunities in Science and Engineering Solicitation disciplinary or interdisciplinary field(s) Science and Engineering (CEOSE); of Recommendations for Membership supported by NSF, as well as knowledge Notice of Meeting and experience related to broadening SUMMARY: The National Science participation by underrepresented In accordance with the Federal Foundation (NSF) solicits groups (women, underrepresented Advisory Committee Act (Pub. L. 92– recommendations for membership on minorities, and persons with 463, as amended), the National Science the Committee on Equal Opportunities disabilities) in STEM. NSF seeks Foundation announces the following in Science and Engineering (CEOSE) qualified individuals for current and meeting: (1173). Recommendations should future vacancies. Recommendations will consist of the name of the recommended be kept on file for 12 months from the Name: Committee on Equal Opportunities individual, the individual’s curriculum recommendation deadline stated above. in Science and Engineering (1173). vita, and an expression of the Dates/Time: February 8, 2011, 9 a.m.–5:30 recommended individual’s interest, and Dated: January 18, 2011. p.m. February 9, 2011, 9 a.m.–2 p.m. include the following contact Susanne Bolton, Place: Arlington, Virginia 22203. information: recommended individual’s Committee Management Officer. Additional meeting location information will be available at http://www.nsf.gov/od/oia/ address, telephone number, FAX [FR Doc. 2011–1272 Filed 1–21–11; 8:45 am] activities/ceose/index.jsp. number, and e-mail address. Self BILLING CODE 7555–01–P Type of Meeting: Open. recommendations are accepted. Contact Person: Dr. Margaret E.M. Tolbert, DATES: Recommendations must be Senior Advisor and CEOSE Executive Liaison received no later than March 14, 2011. POSTAL REGULATORY COMMISSION Office of Integrative Activities, National ADDRESSES: Recommendations should [Docket No. CP2011–58; Order No. 652] Science Foundation, 4201 Wilson Boulevard be sent to Dr. Margaret Tolbert, CEOSE Arlington, VA 22230. Telephone Numbers: Executive Liaison at National Science New Postal Product (703) 292–4216, 703–292–8040 Foundation, Room 935, 4201 Wilson [email protected]. Blvd., Arlington, VA 22230 or to AGENCY: Postal Regulatory Commission. Minutes: Minutes may be obtained from ACTION: Notice. the Executive Liaison at the above address or [email protected]. the Web site at http://www.nsf.gov/od/oia/ FOR FURTHER INFORMATION CONTACT: SUMMARY: The Commission is noticing a activities/ceose/index.jsp. Please see http://www.nsf.gov/od/oia/ recently-filed Postal Service request to Purpose of Meeting: To study NSF activities/ceose/index.jsp. Call the enter into an additional Global Reseller programs and policies and provide advice CEOSE Executive Liaison at 703–292– Expedited Package contract. This and recommendations to the National 8040, or send an e-mail message to document invites public comments on Science Foundation (NSF) concerning [email protected]. broadening participation in science and the request and addresses several engineering. SUPPLEMENTARY INFORMATION: Members related procedural steps. Agenda: are appointed by the Director of the NSF DATES: Comments are due: January 24, to serve on the Committee for a three 2011. Tuesday and Wednesday, February 8–9, year term. With appropriate 2011 ADDRESSES: Submit comments justification, members may be electronically via the Commission’s Opening Statement by the CEOSE Chair. reappointed for only one additional Filing Online system at http:// Remarks by the Interim Director of the NSF three year term (42 U.S.C. 1885c). www.prc.gov. Commenters who cannot Office of Integrative Activities. CEOSE provides advice to NSF on the Presentations and Discussions: submit their views electronically should ✓ Discussion of Plans for the Mini- implementation of the provisions of the contact the person identified in FOR Symposium on the Science of Broadening Science and Engineering Equal FURTHER INFORMATION CONTACT by Participation Opportunities Act (42 U.S.C. 1885), and telephone for advice on alternatives to ✓ Reports from CEOSE Liaisons to NSF on NSF matters relating to opportunities electronic filing. Advisory Committees for the participation in, and FOR FURTHER INFORMATION CONTACT: ✓ Discussion of NSF Responses to CEOSE advancement of, women, minorities, Stephen L. Sharfman, General Counsel, Recommendations and persons with disabilities in [email protected] or 202–789– ✓ ‘‘ Review of the Draft 2009–2010 CEOSE education, training, and science and 6820. Biennial Report to Congress’’ engineering research programs (42 ✓ SUPPLEMENTARY INFORMATION: Conversation with Dr. Subra Suresh, U.S.C. 1885c). Director, National Science Foundation ✓ NSF is dedicated to the support of Table of Contents Report on OISE Technical Support to education and fundamental research in Minority Serving Institutions I. Introduction ✓ Update on the National Science Board science, technology, engineering, and II. Notice of Filing Study of the NSF Merit Review Criteria mathematics (STEM) disciplines. NSF’s III. Ordering Paragraphs ✓ mission is to ensure that the United The State of the National Science I. Introduction Foundation Relative to Diversity and States maintains leadership in scientific Inclusion discovery and the development of new On January 14, 2011, the Postal ✓ Discussion of Unfinished Business technologies. Broadening participation Service filed a notice announcing that it

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has entered into an additional Global pertaining to customer-specific By the Commission. Reseller Expedited Package (GREP) information, e.g., customer’s name, Shoshana M. Grove, contract.1 The Postal Service believes address, representative, signatory, Secretary. the instant contract is functionally notice of postage changes and minimum [FR Doc. 2011–1335 Filed 1–21–11; 8:45 am] equivalent to the previously submitted revenue. Id. at 4–5. The Postal Service BILLING CODE 7710–FW–P GREP contracts, and is supported by states that the differences, which Governors’ Decision No. 10–1, attached include price variations based on to the Notice and originally filed in updated costing information and OFFICE OF SCIENCE AND Docket No. CP2010–36. Id. at 1, volume commitments, do not alter the TECHNOLOGY POLICY Attachment 3. The Notice explains that contract’s functional equivalency. Id. at Order No. 445, which established GREP 4. The Postal Service asserts that National Ocean Council; Development Contracts 1 as a product, also authorized ‘‘[b]ecause the agreement incorporates of Strategic Action Plans for the functionally equivalent agreements to be the same cost attributes and National Policy for the Stewardship of included within the product, provided methodology, the relevant the Ocean, Our Coasts, and the Great that they meet the requirements of 39 characteristics of this GREP contract are Lakes U.S.C. 3633. Id. at 1–2. Additionally, the similar, if not the same, as the relevant Postal Service requested to have the characteristics of the contract filed in ACTION: Notice of Intent To Prepare contract in Docket No. CP2010–36 serve Docket No. CP2010–36.’’ Id. Strategic Action Plans for the Nine as the baseline contract for future The Postal Service concludes that its Priority Objectives for Implementation functional equivalence analyses of the filing demonstrates that the new GREP of the National Policy for the GREP Contracts 1 product. contract complies with the requirements Stewardship of the Ocean, Our Coasts, The instant contract. The Postal of 39 U.S.C. 3633 and is functionally and the Great Lakes. Request for Service filed the instant contract equivalent to the baseline GREP comments. pursuant to 39 CFR 3015.5. In addition, contract. It states that the differences do SUMMARY: On July 19, 2010, President the Postal Service contends that the not affect the services being offered or instant contract is in accordance with Obama signed Executive Order 13547 the fundamental structure of the establishing a National Policy for the Order No. 445. The term of the contract contract. Therefore, it requests that the is 1 year from the date the Postal Service Stewardship of the Ocean, our Coasts, instant contract be included within the and the Great Lakes (‘‘National Policy’’). notifies the customer that all necessary GREP Contracts 1 product. Id. at 6. regulatory approvals have been That Executive Order adopts the Final received. Notice at 3. It may, however, II. Notice of Filing Recommendations of the Interagency Ocean Policy Task Force (‘‘Final be terminated by either party on not less The Commission establishes Docket than 30 days’ written notice. Id. Recommendations’’) and directs Federal No. CP2011–58 for consideration of agencies to take the appropriate steps to Attachment 1, at 5. matters related to the contract identified In support of its Notice, the Postal implement them. The Executive Order in the Postal Service’s Notice. Service filed four attachments as creates an interagency National Ocean follows: Interested persons may submit Council (NOC) to strengthen ocean • Attachment 1—a redacted copy of comments on whether the Postal governance and coordination, identifies the contract and applicable annexes; Service’s contract is consistent with the nine priority actions for the NOC to • Attachment 2—a certified statement policies of 39 U.S.C. 3632, 3633, or pursue, and adopts a flexible framework required by 39 CFR 3015.5(c)(2); 3642. Comments are due no later than for effective coastal and marine spatial • Attachment 3—a redacted copy of January 24, 2011. The public portions of planning to address conservation, Governors’ Decision No. 10–1 which this filing can be accessed via the economic activity, user conflict, and establishes prices and classifications for Commission’s Web site (http:// sustainable use of the ocean, our coasts GREP contracts, a description of www.prc.gov). and the Great Lakes. applicable GREP contracts, formulas for The Commission appoints Paul L. Purpose: The NOC is announcing its prices, an analysis of the formulas, and Harrington to serve as Public intent to prepare strategic action plans certification of the Governors’ vote; and Representative in the captioned for the nine priority objectives • Attachment 4—an application for proceeding. identified in the Final non–public treatment of materials to Recommendations and is requesting maintain redacted portions of the III. Ordering Paragraphs input on the development of these contract and supporting documents It is ordered: strategic action plans. (For general under seal. information about the NOC and a copy 1. The Commission establishes Docket The Notice advances reasons why the of Executive Order 13547 and the Final No. CP2011–58 for consideration of instant GREP contract fits within the Recommendations, please see: http:// matters raised by the Postal Service’s Mail Classification Schedule language www.WhiteHouse.gov/oceans). Public Notice. for GREP Contracts 1. The Postal Service comments will inform the preparation identifies customer-specific information 2. Comments by interested persons in of the strategic action plans. All and general contract terms that this proceeding are due no later than comments will be collated and posted distinguish the instant contract from the January 24, 2011. on the NOC Web site. baseline GREP agreement. It states that 3. Pursuant to 39 U.S.C. 505, Paul L. Public Comment: The NOC is seeking the instant contract differs from the Harrington is appointed to serve as the public input as it develops the strategic contract in Docket No. CP2010–36 Officer of the Commission (Public action plans for the priority objectives. Representative) to represent the To be considered during the 1 Notice of United States Postal Service of Filing interests of the general public in this development of the draft strategic action a Functionally Equivalent Global Reseller proceeding. plans, comments should be submitted Expedited Package Negotiated Service Agreement and Application For Non-Public Treatment of 4. The Secretary shall arrange for by April 29, 2011. Draft strategic action Materials Filed Under Seal, January 14, 2011 publication of this Order in the Federal plans will be released for public review (Notice). Register. in the summer of 2011, allowing

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additional opportunity for the public to conservation, economic activity, user protection and restoration strategy that provide comments. Plans are expected conflict, and sustainable use of the is science-based and aligns conservation to be completed by the end of 2011. ocean, our coasts, and the Great Lakes. and restoration goals at the Federal, In this public comment period, the The National Policy provides a State, Tribal, local, and regional levels; NOC is interested in comments that comprehensive approach, based on Objective 7: Water Quality and address the opportunities, obstacles, science and technology, to uphold our Sustainable Practices on Land: Enhance and metrics of progress relevant to each stewardship responsibilities and ensure water quality in the ocean, along our of the priority objectives. Comments accountability for our actions to present coasts, and in the Great Lakes by should take into account that the and future generations. The Obama promoting and implementing strategic action plans should address the Administration intends, through the sustainable practices on land; key areas identified in the Final National Policy, to provide a model of Objective 8: Changing Conditions in Recommendations, including, as balanced, productive, efficient, the Arctic: Address environmental appropriate, the importance of sustainable, and informed ocean, stewardship needs in the Arctic Ocean integrating local, regional, and national coastal, and Great Lakes use, and adjacent coastal areas in the face of efforts. management, and conservation. The climate-induced and other The NOC is requesting responses to Final Recommendations provide an environmental changes; and the following questions for each of the implementation strategy that describes a Objective 9: Ocean, Coastal, and Great priority objectives: Lakes Observations, Mapping, and • clear set of priority objectives that our What near-term, mid-term, and Nation should pursue to further the Infrastructure: Strengthen and integrate long-term actions would most National Policy. Federal and non-Federal ocean effectively help the Nation achieve this The nine priority objectives seek to observing systems, sensors, data policy objective? collection platforms, data management, • address some of the most pressing What are some of the major challenges facing the ocean, our coasts, and mapping capabilities into a national obstacles to achieving this objective; are and the Great Lakes. The nine priority system and integrate that system into there opportunities this objective can objectives are identified below. international observation efforts. These priority objectives are meant to further, including transformative Additional information about each provide a bridge between the National changes in how we address the priority may be found at http:// Policy and action on the ground and in stewardship of the oceans, coasts, and www.WhiteHouse.gov/oceans. the water, but they do not prescribe Great Lakes? Objective 1: Ecosystem-Based • specific actions or responsibilities. The What milestones and performance Management: Adopt ecosystem-based NOC is responsible for developing measures would be most useful for management as a foundational principle strategic action plans to achieve the measuring progress toward achieving for the comprehensive management of priority objectives. As envisioned, the this priority objective? the ocean, our coasts, and the Great Comments should be submitted plans will: Lakes; electronically at http:// • Identify specific and measurable Objective 2: Coastal and Marine www.WhiteHouse.gov/administration/ near-term, mid-term, and long-term Spatial Planning: Implement eop/oceans/comment or can be sent by actions, with appropriate milestones, comprehensive, integrated, ecosystem- mail to: National Ocean Council, 722 performance measures, and outcomes to based coastal and marine spatial Jackson Place, NW., Washington, DC fulfill each objective; planning and management in the United 20503. • Consider smaller-scale, States; incremental, and opportunistic efforts FOR FURTHER INFORMATION CONTACT: Objective 3: Inform Decisions and that could build upon existing activities, Additional information regarding this Improve Understanding: Increase as well as more complex, larger-scale request can be found at http:// knowledge to continually inform and actions that have the potential to be www.WhiteHouse.gov/oceans. improve management and policy truly transformative; Questions about the content of this decisions and the capacity to respond to • Identify key lead and participating request may be sent to http:// change and challenges. Better educate agencies; www.WhiteHouse.gov/administration/ the public through formal and informal • Identify gaps and needs in science eop/oceans/contact or by mail (please programs about the ocean, our coasts, and technology; and allow additional time for processing) to and the Great Lakes; • Identify potential resource the address above. Objective 4: Coordinate and Support: requirements and efficiencies; and steps SUPPLEMENTARY INFORMATION: On July Better coordinate and support Federal, for integrating or coordinating current 19, 2010, President Obama signed State, Tribal, local, and regional and out-year budgets. Executive Order 13547 establishing a management of the ocean, our coasts, The plans will be adaptive to allow National Policy for the Stewardship of and the Great Lakes. Improve for modification and addition of new the Ocean, our Coasts, and the Great coordination and integration across the actions based on new information or Lakes (‘‘National Policy’’). That Federal Government and, as changing conditions. Their effective Executive Order adopts the Final appropriate, engage with the implementation will also require clear Recommendations of the Interagency international community; and easily understood requirements and Ocean Policy Task Force and directs Objective 5: Resiliency and regulations, where appropriate, that Federal agencies to take the appropriate Adaptation to Climate Change and include enforcement as a critical steps to implement them. The Executive Ocean Acidification: Strengthen component. Implementation of the Order creates an interagency National resiliency of coastal communities and National Policy for the stewardship of Ocean Council (NOC) to strengthen marine and Great Lakes environments the ocean, our coasts, and the Great ocean governance and coordination, and their abilities to adapt to climate Lakes will recognize that different legal identifies nine priority actions for the change impacts and ocean acidification; regimes, with their associated freedoms, NOC to pursue, and adopts a flexible Objective 6: Regional Ecosystem rights, and duties, apply in different framework for effective coastal and Protection and Restoration: Establish maritime zones. The plans will be marine spatial planning to address and implement an integrated ecosystem implemented in a manner consistent

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with applicable international For further information and to Advices 5 B–3 and E–1 to reflect the new conventions and agreements and with ascertain what, if any, matters have been category of remote specialist. customary international law as reflected added, deleted or postponed, please Currently, Phlx has several types of in the Law of the Sea Convention. The contact: Registered Options Traders (‘‘ROTs’’) 6 The Office of the Secretary at (202) plans and their implementation will be that can register as market makers on assessed and reviewed annually by the 551–5400. the Exchange, including specialists, NOC and modified as needed based on Dated: January 20, 2011. Streaming Quote Traders (‘‘SQTs’’),7 and the success or failure of the agreed upon Elizabeth M. Murphy, Remote Streaming Quote Traders actions. 8 The NOC is committed to Secretary. (‘‘RSQTs’’). Specialists are floor-based transparency in developing strategic [FR Doc. 2011–1513 Filed 1–20–11; 4:15 pm] Exchange members who are registered action plans and implementing the BILLING CODE 8011–01–P as options specialists pursuant to Rule National Policy. As the NOC develops 1020(a). An SQT has a physical and revises the plans, it will ensure presence on the options floor (though SECURITIES AND EXCHANGE substantial opportunity for public they may be ‘‘in-crowd’’ or ‘‘out-of- COMMISSION participation. The NOC will also crowd’’) and is authorized to generate actively engage interested parties, [Release No. 34–63717; File No. SR–Phlx– and submit option quotations including, as appropriate, State, Tribal, 2010–145] electronically in options to which such and local authorities, regional SQT is assigned, but may only do so governance structures, academic Self-Regulatory Organizations; when he or she is physically present on NASDAQ OMX PHLX LLC; Notice of institutions, nongovernmental the floor of the Exchange. An RSQT, on Filing of Amendment No. 1 and Order organizations, recreational interests, and the other hand, has no physical trading Granting Accelerated Approval to a private enterprise. floor presence and instead is authorized Proposed Rule Change, as Modified by Ted Wackler, Amendment No. 1 Thereto, Relating to to generate and submit option Deputy Chief of Staff, OSTP. the Establishment of Remote quotations electronically in options to [FR Doc. 2011–1316 Filed 1–21–11; 8:45 am] Specialists which such RSQT has been assigned. The various market making BILLING CODE P January 14, 2011. requirements applicable to each I. Introduction category of market maker are set forth in Rule 1014. Rules 500 through 599 (the SECURITIES AND EXCHANGE On October 14, 2010, NASDAQ OMX COMMISSION ‘‘Allocation and Assignment Rules’’) PHLX LLC (‘‘Phlx’’ or the ‘‘Exchange’’) generally describe the process for filed with the Securities and Exchange Sunshine Act Meeting application and appointment of Commission (‘‘Commission’’), pursuant specialists, SQTs and RSQTs, as well as to Section 19(b)(1) of the Securities Notice is hereby given, pursuant to the allocation of classes of options to the provisions of the Government in the Exchange Act of 1934 (‘‘Act’’),1 and Rule them.9 Sunshine Act, Public Law 94–409, that 19b–4 thereunder,2 a proposed rule the Securities and Exchange change to allow certain Phlx exchange Accordingly, while Phlx’s rules Commission will hold a Closed Meeting members to act as option specialists that provide for remote market-making ROTs on Thursday, January 27, 2011 at 2 p.m. are not physically present on the option (i.e., RSQTs), they do not provide for Commissioners, Counsel to the trading floor. The proposed rule change remote specialists. Rather, Phlx’s rules Commissioners, the Secretary to the was published for comment in the currently require that each options class Commission, and recording secretaries Federal Register on November 2, 2010.3 and series listed on the Exchange have will attend the Closed Meeting. Certain On January 11, 2011, the Exchange filed a specialist physically present on the staff members who have an interest in Amendment No. 1 to the proposed rule the matters also may be present. change.4 The Commission received no 5 Phlx’s Options Floor Procedure Advices The General Counsel of the comments on the proposal. This order (‘‘OFPAs’’ or ‘‘Advices’’) are part of the Exchange’s Commission, or his designee, has provides notice of filing of Amendment minor rule plan (‘‘MRP’’ or ‘‘Minor Rule Plan’’), which consists of Advices with preset fines, certified that, in his opinion, one or No. 1 and grants accelerated approval to pursuant to Rule 19d–1(c) under the Act (17 CFR more of the exemptions set forth in 5 the proposed rule change, as modified 240.19d–1(c)). See e.g., Securities Exchange Act U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) by Amendment No. 1. Release No. 50997 (January 7, 2005), 70 FR 2444 and 17 CFR 200.402(a)(3), (5), (7), 9(ii) (January 13, 2005) (SR–Phlx–2003–40) (order II. Description of the Proposal approving the Exchange’s Options Floor Broker and (10), permit consideration of the Management System). As this time, Phlx is not scheduled matters at the Closed The Exchange proposes to amend proposing to change any of the fines that are Meeting. Phlx Option Rules 501, 506, 507, 1014, applicable under any of the Advices. Commissioner Casey, as duty officer, and 1020 to provide for remote 6 A ROT is a member who has received voted to consider the items listed for the specialists under limited circumstances permission from the Exchange to trade in options for his own account. Phlx also has Directed SQTs Closed Meeting in a closed session. and amend its Option Floor Procedure and Directed RSQTs, which receive Directed Orders The subject matter of the Closed as defined in Rule 1080(l)(i)(A). Specialists may Meeting scheduled for Thursday, 1 15 U.S.C. 78s(b)(1). likewise receive Directed Orders. Further, Phlx January 27, 2011 will be: 2 17 CFR 240.19b–4. rules also provide for non-streaming ROTs (‘‘non- 3 See Securities Exchange Act Release No. 63192 SQT ROT’’), which can make markets in certain institution and settlement of injunctive (October 27, 2010), 75 FR 67427 (‘‘Notice’’). options on an issue-by-issue basis. See Rule actions; institution and settlement of 4 On December 16, 2010, the Exchange extended 1014(b)(ii)(C). administrative proceedings; and other the period for Commission consideration of its 7 See Rule 1014(b)(ii)(A). matters relating to enforcement proceedings. proposal to January 14, 2011. See 15 U.S.C. 8 See Rule 1014(b)(ii)(B). 78s(b)(2)(A)(ii)(II) (concerning the ability of the self- 9 The Allocation and Assignment Rules also At times, changes in Commission regulatory organization that filed a proposed rule indicate under what circumstances new allocations priorities require alterations in the change to extend the time period for Commission may not be made. See, e.g., Supplementary Material scheduling of meeting items. consideration of its proposal). .01 to Rule 506.

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options floor (‘‘floor-based specialist’’).10 thereunder applicable to a national be a specialist, to indicate that in certain The Exchange notes that, historically, a securities exchange.16 Specifically, the circumstances RSQTs may seek to floor-based specialist was required for Commission finds that the proposal is register as Remote Specialists. each options class and series, consistent consistent with Section 6(b)(5) of the Specifically, the process for becoming a with the traditional model of an open Act,17 in that the proposal has been Remote Specialist would be a two-step outcry auction market featuring trading designed to promote just and equitable process.18 A member would first need to crowds at physical trading posts on the principles of trade, and to protect qualify and register as a market maker floor and Floor Brokers 11 that represent investors and the public interest. on the Exchange by becoming approved orders on the floor on behalf of others.12 By providing for Remote Specialists, as an RSQT pursuant to Rule 507.19 In addition to its floor-based trading the Commission believes that Phlx’s Then, if the RSQT wished to become a environment, Phlx also operates an proposal will allow it to list, or continue Remote Specialist, it would need to electronic system to execute option listing, an option in which it does not apply separately to become a Remote orders,13 resulting in a hybrid-model have a registered floor-based specialist. Specialist pursuant to the separate options market that combines a The concept of a Remote Specialist process set forth in Rule 501. Proposed traditional open outcry auction market would be similar to the existing class of Rule 501(f) provides that RSQTs may trading floor with electronic trading (the RSQTs, and several rules that are submit an application to be an approved ‘‘current Phlx market’’).14 presently applicable or unique to RSQTs specialist unit 20 and the Exchange may The Exchange notes that it has found would be expanded to encompass approve such application in one or more it to be difficult at times, if not Remote Specialists. Such provisions are options. Under Rule 501(f)(i), a Remote impossible, to allocate certain option generally reflective of the ‘‘remote’’ Specialist could function as a specialist products. For example, the Exchange nature of a Remote Specialist and are in one or more options only if the has found that specialists may, at times, intended to accommodate the unique Exchange determines that it cannot relinquish their options privileges, circumstances of a remote quoting allocate such option(s) to a floor-based when, for example, the underlying specialist. However, the quoting specialist.21 securities are involved in a takeover, a obligations applicable to a Remote The proposed rule would require that merger/acquisition situation, or some Specialist would be heightened over each Remote Specialist be available and type of rights offering.15 Without a floor- that which is applicable to RSQTs to reachable at all times during trading based specialist that is willing to retain reflect their status as ‘‘specialists’’ under hours for the product(s) allocated to (or accept) allocation of an option, the Exchange rules. Accordingly, all such specialist.22 Accordingly, a Remote Exchange may not list such options specialists, whether floor-based or Specialist would be required to provide pursuant to its current rules. This, in remote, would be subject to similar Exchange staff and members with turn, may negatively impact market requirements and similar privileges. telephonic and/or electronic participants and investors to the extent Specific details of various provisions in communication access to such specialist that the sudden delisting of a Phlx the Exchange’s proposed rule change are and its associated staff at all times option limits their choice of execution discussed further below. during trading hours.23 venues. As discussed below, Phlx’s Specialist Rights and Obligations Additionally, Phlx proposes to amend proposed rule change is intended to Rule 501 and 506 to indicate that back- address the difficulty that Phlx has Phlx proposes to define ‘‘remote up specialist arrangements and assistant faced in allocating options where no specialist’’ by amending Rule 1020 to specialist requirements are not floor-based specialists are willing to state that a remote specialist is a applicable to Remote Specialists.24 In accept the allocation. Specifically, Phlx qualified RSQT approved by the support of this provision, the Exchange proposes to allow for remote specialists, Exchange to function as a specialist in notes its belief that the rationale for as it currently does for RSQTs, in order one or more options, if the Exchange to expand the universe of market determines that it cannot allocate such 18 Proposed Rule 507(f) would state that nothing participants that could assume the role options to a non-remote (i.e., floor- in Rule 507 shall be construed to automatically of specialist and help ensure the listing, based) specialist. As provided in qualify an RSQT to be a Remote Specialist on the proposed Rule 501(f)(iii), a Remote Exchange. or continued listing, of options on Phlx. 19 Specialist would have all the rights and For all RSQT application and approval criteria, III. Discussion see Rule 507(a)(i)(A) through (a)(i)(G). obligations of a specialist, unless 20 A ‘‘specialist unit,’’ including a Remote After careful review, the Commission Exchange rules provide otherwise. Specialist unit, may have one or more individual finds that the proposed rule change, as Further, Phlx proposes to underscore ‘‘specialists.’’ modified by Amendment No. 1, is this principle by indicating in Rule 21 Additionally, in light of the proposed off-floor consistent with the requirements of the 1020(a) that the term ‘‘specialist’’ Remote Specialist, Phlx proposes to modify Rule 506(c) to require that the Exchange’s decisions Act and the rules and regulations includes a Remote Specialist, as defined regarding allocation of specialist privileges be not in Rule 1020(a)(ii), that is registered only communicated in writing to floor members, 10 The Exchange states in the Notice that at least pursuant to Rule 501 and that a Remote but also communicated in writing to all Exchange one exchange that uses a specialist system has Specialist has all the rights and members (both floor-based and off-floor). allowed certain option series to trade without a 22 See Proposed Rule 501(f)(ii). See also OFPA designated lead market maker (specialist). obligations of an options specialist on E–1 (Required Staffing of Options Floor). A Remote 11 See Rule 1060. the Exchange. Specialist would be required to have a 12 See Notice, supra note 3, at 75 FR 67428. Becoming a Remote Specialist representative available during the times required 13 See Rule 1080 regarding the Exchange’s by that OFPA. electronic order, trading, and execution system. The Exchange also proposes to amend 23 To the extent necessary, the Exchange 14 The current Phlx market model combining Rule 501, which generally deals with represents that it would announce such open outcry and electronic trading is also used by the process of applying for approval to communication arrangements to its members via an other options exchanges, such as Chicago Board Options Trading Alert (‘‘OTA’’) or Options Options Exchange, Inc., NYSE Amex LLC and Regulatory Alert (‘‘ORA’’). NYSE Arca, Inc. Only electronic options trading is 16 In approving the proposed rule change, the 24 The Exchange also proposes to clarify in done on other exchanges, such as the International Commission has considered the proposed rule’s Advice E–1 that a Remote Specialist is exempt from Securities Exchange, LLC and The NASDAQ Stock impact on efficiency, competition, and capital the obligation to have personnel on the trading Market LLC. formation. 15 U.S.C. 78c(f). floor, while retaining the obligation to have a 15 See Notice, supra note 3, at 75 FR 67428. 17 15 U.S.C. 78f(b)(5). representative available telephonically.

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requiring designation of an assistant security.28 Additionally, the Exchange provide or continue to provide a market specialist and a back-up specialist in the proposes to add Remote Specialists to that would not otherwise exist on the floor-based context is antiquated in the Commentary .05(c)(ii) of Rule 1014 to Exchange, which should benefit traders, context of the Exchange’s electronic- reflect that Remote Specialists will be investors, and public customers making based trading system, in which assigned treated similar to RSQTs and out-of- hedging and trading decisions. Further, RSQTs, in conjunction with other crowd SQTs for priority purposes under the proposed rules clearly provide that assigned market makers on the that Rule because they do not engage in an RSQT that becomes a Remote Exchange, are able to provide liquidity open outcry floor trading. Specialist in a particular security must in the event of a specialist’s temporary In addition, Commentary .05(b) to make a market in that security as a absence.25 Further, a similar class of Rule 1014 states that SQTs and RSQTs specialist and may not make a market as remote market makers on Phlx (RSQTs) can submit orders electronically. The an RSQT in that particular security. does not have back-up personnel Exchange is amending Commentary OFPA and Advices requirements.26 .05(b) to provide that Remote Specialists also may submit quotes electronically. The Exchange also proposes to clarify Quoting Obligations and Priority Further, Commentary .05(c)(i) provides several OFPAs regarding a Remote Remote Specialists would be subject that if a Floor Broker presents a non- Specialist’s off-floor electronic quoting to all of the obligations of a floor-based electronic order in an option assigned to and trading capabilities. Particularly, specialist on the Exchange, except an RSQT or an off-floor SQT, such the Exchange is amending Advice B–3 where otherwise noted in the RSQT or SQT may not participate in to state that a Remote Specialist is Exchange’s rules.27 Specifically, the trades stemming from the non-electronic exempted from the requirement that an Exchange proposes to amend Rule order unless the order is executed at the ROT, including a specialist, trade a 1014(b)(ii)(D)(2) to provide that Remote price quoted by the non-crowd RSQT or certain percentage of volume on the Specialists in a particular option shall SQT at the time of execution. The Exchange in person. The change reflects be responsible to quote two-sided Exchange proposes to include Remote the fact that a Remote Specialist would markets in that option to the same Specialists in Commentary .05(c)(i) to not be physically present on the extent as on-floor specialists would be establish priority for Remote Specialists Exchange’s trading floor and would required to do. The Exchange further that is coextensive with the priority instead submit quotes and orders proposes to amend Rule afforded in that Rule to RSQTs and out- remotely. Additionally, the Exchange is 1014(b)(ii)(D)(1) to state that the RSQT of-crowd SQTs. deleting Advice A–7 (specialist quoting requirements are not applicable The Commission believes that these responsibilities for cancellations) and to RSQTs when they are acting in the provisions are appropriate to set forth Advice A–10 (specialists trading the capacity of Remote Specialist. The equivalent obligations and standards book) as specialists are no longer agents intent of this provision is to establish applicable to Remote Specialists that are for the book with respect to Advice A– equivalent quoting requirements as equivalent to the obligations and 10, and both Advices are no longer between on-floor specialists and Remote standards applicable to floor-based required in light of subsequent Specialists. specialists. The Commission believes developments in the Exchange’s Currently, Rule 1014 provides that that a specialist must have an electronic trading and communication quoting obligations do not apply to affirmative obligation to hold itself out capabilities.30 RSQTs in certain types of options as willing to buy and sell options for its products and establishes an exemption own account on a regular or continuous Surveillance for RSQTs and other market makers basis to justify receiving unique benefits Finally, the Exchange represents that from the obligations set forth in Rule available to the specialist. The it has developed surveillance 1014 in certain categories of products. Commission believes that Phlx’s rules procedures for its auction and electronic The Exchange proposes to add new impose such affirmative obligations on markets and will use the surveillance language to indicate that these Remote Specialists that choose to procedures now in place to perform exemptions apply to RSQTs only when operate remotely and notes that, under surveillance of Remote Specialists.31 they are acting as RSQTs, and would not the proposal, Remote Specialists acting apply to RSQTs when they are from a remote location would still be Accelerated Approval functioning as Remote Specialists in required to meet the obligations of a In Amendment No. 1, the Exchange 29 particular options. floor-based specialist. Furthermore, clarifies the role of a RSQT acting in the Further, the Exchange proposes to the Commission believes that RSQTs capacities of both a RSQT and a Remote amend sub-paragraph (b)(ii)(B) of Rule that act as Remote Specialists where no Specialist to state that when acting as a 1014 to clarify that an RSQT cannot on-floor specialists are willing to accept, Remote Specialist in specifically simultaneously quote both as RSQT and or retain, an option allocation, would allocated classes the Remote Specialist as Remote Specialist in a particular will have all the same obligations that security. That is, if an RSQT is a Remote 28 As an example of the operation of the proposed rules wherein an RSQT may function as a are applicable to Specialists, including 32 Specialist in a particular security, the traditional RSQT and also function as a Remote continuous quoting obligations. Remote Specialist must make a market Specialist, if an RSQT is allocated two option Amendment No. 1 also amended as a specialist and may not make a classes as a Remote Specialist, in those two classes proposed Rule 501(f)(ii) to require a market as an RSQT in that particular the Remote Specialist will have the very same quoting (market making) requirements that are Remote Specialist to provide Exchange currently applicable to all specialists, including staff with either telephonic or electronic 25 In addition, the Exchange notes that nearly all continuous quoting obligations. In the remaining communication access (as originally option issues traded on Phlx are traded on multiple classes to which an RSQT is appointed, the RSQT proposed, only telephonic access was exchanges. As such, the historical risk that is will have the same quoting (market making) addressed by the assistant/backup requirement requirements that are applicable to all RSQTs. The specified). Finally, Amendment No. 1 (namely, the ability of the Exchange to foster the RSQT will not be able to submit quotes or act as provision of liquidity) is diminished. See Notice, RSQT in the two allocated Remote Specialist 30 See id. at 17. supra note 3, at 75 FR 67429. classes. See Amendment No. 1 to File No. SR–Phlx– 31 See Notice, supra note 3, at 75 FR 67431. 26 See Notice, supra note 3, at 75 FR 67429, n.20. 2010–145 at 15 n.29 (January 11, 2011). 32 See Amendment No. 1, supra note 28, at 15 27 See Proposed Rule 501(f)(iii). 29 See id. n.29.

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proposes to delete (rather than amend, business days between the hours of and Fees for Adding and Removing as originally proposed) Advices A–7 10 a.m. and 3 p.m. Copies of the filing Liquidity in Select Symbols. and A–10, which the Exchange believes also will be available for inspection and The text of the proposed rule change are no longer necessary for the reasons copying at the principal office of the is available on the Exchange’s Web site discussed above. Because the changes Exchange. All comments received will at http://nasdaqtrader.com/ proposed in Amendment No. 1 are be posted without change; the micro.aspx?id=PHLXfilings, at the minor changes to the proposal that do Commission does not edit personal principal office of the Exchange, and at not raise material issues, the identifying information from the Commission’s Public Reference Commission finds that good cause submissions. You should submit only Room. exists, consistent with Section 19(b) of information that you wish to make the Act,33 for approving the proposed available publicly. All submissions II. Self-Regulatory Organization’s rule change, as modified by Amendment should refer to File Number SR–Phlx– Statement of the Purpose of, and No. 1, prior to the thirtieth day after 2010–145 and should be submitted on Statutory Basis for, the Proposed Rule publication of notice of filing of or before February 14, 2011. Change Amendment No. 1 in the Federal Register. V. Conclusion In its filing with the Commission, the It is therefore ordered, pursuant to Exchange included statements IV. Solicitation of Comments Section 19(b)(2) of the Act,34 that the concerning the purpose of and basis for Interested persons are invited to proposed rule change (SR–Phlx–2010– the proposed rule change and discussed submit written data, views, and 145), as modified by Amendment No. 1, any comments it received on the arguments concerning the foregoing, be, and it hereby is, approved. proposed rule change. The text of these including whether the proposed rule For the Commission, by the Division of statements may be examined at the change, as modified by Amendment No. Trading and Markets, pursuant to delegated places specified in Item IV below. The 1, is consistent with the Act. Comments authority.35 Exchange has prepared summaries, set may be submitted by any of the Elizabeth M. Murphy, forth in sections A, B, and C below, of following methods: Secretary. the most significant aspects of such statements. Electronic Comments [FR Doc. 2011–1297 Filed 1–21–11; 8:45 am] • Use the Commission’s Internet BILLING CODE 8011–01–P A. Self-Regulatory Organization’s comment form (http://www.sec.gov/ Statement of the Purpose of, and rules/sro.shtml); or Statutory Basis for, the Proposed Rule • Send an e-mail to rule- SECURITIES AND EXCHANGE Change [email protected]. Please include File COMMISSION 1. Purpose Number SR–Phlx–2010–145 on the [Release No. 34–63718; File No. SR–Phlx– subject line. 2011–005] The purpose of the proposed rule change is to amend the list of Select Paper Comments Self-Regulatory Organizations; Notice Symbols 3 in Section I of the Exchange’s • Send paper comments in triplicate of Filing and Immediate Effectiveness Fee Schedule, titled Rebates and Fees to Elizabeth M. Murphy, Secretary, of Proposed Rule Change by NASDAQ for Adding and Removing Liquidity in Securities and Exchange Commission, OMX PHLX LLC Relating to Rebates Select Symbols. Specifically, the 100 F Street, NE., Washington, DC and Fees for Adding and Removing Exchange is proposing to remove 20549–1090. Liquidity in Select Symbols Motorola, Inc. (‘‘MOT’’) and add All submissions should refer to File January 14, 2011. Motorola Solutions, Inc. (‘‘MSI’’) due to Number SR–Phlx–2010–145. This file Pursuant to Section 19(b)(1) of the a recent corporate action which took number should be included on the Securities Exchange Act of 1934 place on January 4, 2011. subject line if e-mail is used. To help the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Commission process and review your 2. Statutory Basis notice is hereby given that on January 5, comments more efficiently, please use 2011, NASDAQ OMX PHLX LLC (‘‘Phlx’’ only one method. The Commission will The Exchange believes that its or ‘‘Exchange’’) filed with the Securities post all comments on the Commission’s proposal to amend its Fee Schedule is and Exchange Commission (‘‘SEC’’ or 4 Internet Web site (http://www.sec.gov/ consistent with Section 6(b) of the Act ‘‘Commission’’) the proposed rule rules/sro.shtml). Copies of the in general, and furthers the objectives of change as described in Items I, II, and 5 submission, all subsequent Section 6(b)(4) of the Act in particular, III, below, which Items have been amendments, all written statements in that it is an equitable allocation of prepared by the Exchange. The with respect to the proposed rule reasonable fees and other charges among Commission is publishing this notice to change that are filed with the Exchange members and other persons solicit comments on the proposed rule Commission, and all written using its facilities. The Exchange change from interested persons. communications relating to the believes that the proposed removal of proposed rule change between the I. Self-Regulatory Organization’s MOT and the proposed addition of MSI Commission and any person, other than Statement of the Terms of Substance of from the Select Symbols are both those that may be withheld from the the Proposed Rule Change equitable and reasonable because those public in accordance with the amendments would uniformly apply to The Exchange proposes to amend the all categories of participants. provisions of 5 U.S.C. 552, will be Select Symbols in Section I of the available for Web site viewing and Exchange’s Fee Schedule titled Rebates printing in the Commission’s Public 3 The term ‘‘Select Symbols’’ refers to the symbols which are subject to the Rebates and Fees for Reference Room, 100 F Street, NE., 34 15 U.S.C. 78s(b)(2). Adding and Removing Liquidity in Select Symbols Washington, DC 20549, on official 35 17 CFR 200.30–3(a)(12). in Section I of the Exchange’s Fee Schedule. 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78f(b). 33 15 U.S.C. 78s(b). 2 17 CFR 240.19b–4. 5 15 U.S.C. 78f(b)(4).

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B. Self-Regulatory Organization’s the Commission’s Internet Web site 19b–4(f)(6) under the Act,3 which Statement on Burden on Competition (http://www.sec.gov/rules/sro.shtml). renders the proposal effective upon The Exchange does not believe that Copies of the submission, all subsequent filing with the Commission. The the proposed rule change will impose amendments, all written statements Commission is publishing this notice to any burden on competition not with respect to the proposed rule solicit comments on the proposed rule necessary or appropriate in furtherance change that are filed with the change from interested persons. of the purposes of the Act. Commission, and all written communications relating to the I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s proposed rule change between the Statement of the Terms of the Substance Statement on Comments on the Commission and any person, other than of the Proposed Rule Change Proposed Rule Change Received From those that may be withheld from the The Exchange is filing this proposed Members, Participants, or Others public in accordance with the rule change to delay the application of provisions of 5 U.S.C. 552, will be No written comments were either NASDAQ Rule 4611(d) for an additional available for Web site viewing and solicited or received. 90 days. The text of the proposed rule printing in the Commission’s Public III. Date of Effectiveness of the Reference Room on official business change is available at http:// Proposed Rule Change and Timing for days between the hours of 10 a.m. and nasdaq.cchwallstreet.com/, at the Commission Action 3 p.m. Copies of such filing also will be Exchange’s principal office, and at the Commission’s Public Reference Room. The foregoing rule change has become available for inspection and copying at effective pursuant to Section the principal offices of the Exchange. II. Self-Regulatory Organization’s 19(b)(3)(A)(ii) of the Act.6 At any time All comments received will be posted Statement of the Purpose of, and within 60 days of the filing of the without change; the Commission does Statutory Basis for, the Proposed Rule proposed rule change, the Commission not edit personal identifying Change summarily may temporarily suspend information from submissions. You such rule change if it appears to the should submit only information that In its filing with the Commission, the Commission that such action is you wish to make available publicly. All Exchange included statements necessary or appropriate in the public submissions should refer to File concerning the purpose of and basis for interest, for the protection of investors, Number SR–Phlx–2011–005, and should the proposed rule change and discussed or otherwise in furtherance of the be submitted on or before February 14, any comments it received on the purposes of the Act. If the Commission 2011. proposed rule change. The text of these takes such action, the Commission shall For the Commission, by the Division of statements may be examined at the institute proceedings to determine Trading and Markets, pursuant to delegated places specified in Item IV below. The whether the proposed rule should be authority.7 Exchange has prepared summaries, set approved or disapproved. Elizabeth M. Murphy, forth in Sections A, B, and C below, of the most significant aspects of such IV. Solicitation of Comments Secretary. [FR Doc. 2011–1298 Filed 1–21–11; 8:45 am] statements. Interested persons are invited to BILLING CODE 8011–01–P submit written data, views, and A. Self-Regulatory Organization’s arguments concerning the foregoing, Statement of the Purpose of, and including whether the proposed rule SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule change is consistent with the Act. COMMISSION Change Comments may be submitted by any of 1. Purpose the following methods: [Release No. 34–63716; File No. SR– NASDAQ–2011–008] Electronic Comments On January 13, 2010, the Commission Self-Regulatory Organizations; The approved SR–NASDAQ–2008–104 • Use the Commission’s Internet NASDAQ Stock Market LLC; Notice of which established new standards for comment form (http://www.sec.gov/ Filing and Immediate Effectiveness of sponsored access as set forth in rules/sro.shtml); or Proposed Rule Change To Delay the NASDAQ Rule 4611(d), NASDAQ’s • Send an e-mail to rule- Application of NASDAQ Rule 4611(d) Market Access Rule.4 On November 3, [email protected]. Please include File 2010, the Commission adopted Rule Number SR–Phlx–2011–005 on the January 14, 2011. 15c–3 [sic] governing risk management subject line. Pursuant to Section 19(b)(1) of the controls by broker-dealers with market Paper Comments Securities Exchange Act of 1934 access which has an effective date of (‘‘Act’’),1 and Rule 19b–4 thereunder,2 • Send paper comments in triplicate January 14, 2011 and a compliance date notice is hereby given that on January 6, 5 to Elizabeth M. Murphy, Secretary, of July 14, 2011. In response to the new 2011, The NASDAQ Stock Market LLC SEC regulation, NASDAQ plans to Securities and Exchange Commission, (the ‘‘Exchange’’ or ‘‘NASDAQ’’) filed 100 F Street, NE., Washington, DC modify NASDAQ Rule 4611 and to with the Securities and Exchange make it effective prior to July 14, 2011 20549–1090. Commission (‘‘Commission’’) the All submissions should refer to File Accordingly, NASDAQ is proposing to proposed rule change as described in delay for an additional 90 days the Number SR–Phlx–2011–005. This file Items I and II below, which Items have number should be included on the implementation of new NASDAQ Rule been prepared by the Exchange. The 4611(d). subject line if e-mail is used. Exchange has designated the proposed To help the Commission process and rule change as constituting a non- 3 review your comments more efficiently, controversial rule change under Rule 17 CFR 240.19b–4(f)(6). please use only one method. The 4 Securities Exchange Act Release No. 61345 (Jan. 13, 2010) (‘‘NASDAQ Market Access Approval Commission will post all comments on 7 17 CFR 200.30–3(a)(12). Order’’). 1 15 U.S.C. 78s(b)(1). 5 Securities Exchange Act Release No. 63241 6 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–4. (Nov. 3, 2010).

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2. Statutory Basis IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated Nasdaq believes that the proposed Interested persons are invited to authority.9 rule change is consistent with the submit written data, views, and Elizabeth M. Murphy, provisions of Section 6 of the Act,6 in arguments concerning the foregoing, Secretary. general and with Section 6(b)(5) of the including whether the proposed rule [FR Doc. 2011–1296 Filed 1–21–11; 8:45 am] 7 Act, in particular, in that it is designed change, as amended, is consistent with BILLING CODE 8011–01–P to promote just and equitable principles the Act. Comments may be submitted by of trade and to protect investors and the any of the following methods: public interest. The proposal is SOCIAL SECURITY ADMINISTRATION consistent with these obligations Electronic Comments [Docket No. SSA–2011–0010] because market participants require • Use the Commission’s Internet additional time to comply with the new comment form (http://www.sec.gov/ market access provisions. Future Systems Technology Advisory rules/sro.shtml); or Panel Meeting B. Self-Regulatory Organization’s • Send an e-mail to rule- AGENCY: Statement on Burden on Competition Social Security Administration [email protected]. Please include File (SSA). Number SR–NASDAQ–2011–008 on the The Exchange does not believe that ACTION: Notice of Tenth Panel Meeting. the proposed rule change will result in subject line. any burden on competition that is not Paper Comments DATES: February 8, 2011, 10 a.m.–5 p.m., necessary or appropriate in furtherance Location: The Latham Hotel, of the purposes of the Act, as amended. • Send paper comments in triplicate Presidential Ball Room. to Elizabeth M. Murphy, Secretary, ADDRESSES: 3000 M Street, NW., C. Self-Regulatory Organization’s Securities and Exchange Commission, Washington, DC 20007. Statement on Comments on the 100 F Street, NE., Washington, DC Proposed Rule Change Received From SUPPLEMENTARY INFORMATION: 20549–1090. Members, Participants, or Others Type of meeting: The meeting is open All submissions should refer to File to the public. Purpose: The Panel, under the Federal Written comments were neither Number SR–NASDAQ–2011–008. This Advisory Committee Act of 1972, as solicited nor received. file number should be included on the amended, (hereinafter referred to as ‘‘the III. Date of Effectiveness of the subject line if e-mail is used. To help the FACA’’) shall report to and provide the Proposed Rule Change and Timing for Commission process and review your Commissioner of Social Security Commission Action comments more efficiently, please use independent advice and only one method. The Commission will recommendations on the future of Because the proposed rule change post all comments on the Commission’s systems technology and electronic does not (i) Significantly affect the Internet Web site (http://www.sec.gov/ services at the agency five to ten years protection of investors or the public rules/sro.shtml). Copies of the into the future. The Panel will interest; (ii) impose any significant submission, all subsequent recommend a road map to aid SSA in burden on competition; and (iii) become amendments, all written statements determining what future systems operative for 30 days from the date on with respect to the proposed rule technologies may be developed to assist which it was filed, or such shorter time change that are filed with the in carrying out its statutory mission. as the Commission may designate if Commission, and all written Advice and recommendations can relate consistent with the protection of communications relating to the to SSA’s systems in the area of Internet investors and the public interest, the proposed rule change between the application, customer service, or any proposed rule change has become other arena that would improve SSA’s effective pursuant to Section 19(b)(3)(A) Commission and any person, other than ability to serve the American people. of the Act and Rule 19b–4(f)(6) those that may be withheld from the Agenda: The Panel will meet on thereunder.8 public in accordance with the provisions of 5 U.S.C. 552, will be Tuesday, February 8, 2011 from 10 a.m. At any time within 60 days of the available for Web site viewing and until 5 p.m. The agenda will be filing of the proposed rule change, the printing in the Commission’s Public available on the Internet at http:// Commission summarily may Reference Room, 100 F Street, NE., www.ssa.gov/fstap/index.htm or temporarily suspend such rule change if Washington, DC 20549, on official available by e-mail or fax on request, it appears to the Commission that such business days between the hours of one week prior to the starting date. action is necessary or appropriate in the 10 a.m. and 3 p.m. Copies of such filing During the tenth meeting, the Panel public interest, for the protection of also will be available for inspection and may have experts address items of investors, or otherwise in furtherance of interest and other relevant topics to the the purposes of the Act. copying at the principal office of the Exchange. All comments received will Panel. This additional information will further the Panel’s deliberations and the be posted without change; the 6 15 U.S.C. 78f. effort of the Panel subcommittees. Commission does not edit personal 7 15 U.S.C. 78f(b)(5). The Panel will hear Public comments 8 identifying information from Pursuant to Rule 19b–4(f)(6)(iii), the Exchange on Tuesday, February 8, 2011, from 4:30 must provide written notice of its intent to file the submissions. You should submit only p.m. until 5 p.m. Individuals interested proposed rule change, along with a brief description information that you wish to make and text of the proposed rule change, at least five in providing comments in person business days prior to the date on which the available publicly. All submissions should contact the Panel staff as Exchange filed the proposed rule change. The should refer to File Number SR– outlined below to schedule a time slot. Exchange has requested that the Commission waive NASDAQ–2011–008, and should be Members of the public must schedule a the 5-day pre-filing notice requirement. The submitted on or before February 14, Commission hereby grants this request. See 17 CFR 240.19b–4(f)(6)(iii). 2011. 9 17 CFR 200.30–3(a)(12).

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time slot in order to comment. In the and Cumberland region of east-central TVA supplies bulk electric power to event public comments do not take the Tennessee. The purpose of the proposed Cumberland and Putnam counties and entire scheduled time period, the Panel project is to ensure the reliable the immediately surrounding areas in may use that time to deliberate or transmission of electric power to meet east-central Tennessee through an conduct other Panel business. Each increasing power demands in the existing network of 26 161-kilovolt (kV) individual providing public comment project area. substations and 28 161-kV transmission will be acknowledged by the Chair in In its environmental review, TVA will lines. Population in this area has grown the order in which they are scheduled evaluate the potential environmental at a rate of almost 1.8 percent per year to testify. Individuals providing public impacts of the construction, operation, since 2000. TVA studies indicate that 19 comment are limited to a maximum and maintenance of proposed new and of these substations will not meet five-minute, verbal presentation. In lieu upgraded power transmission facilities. acceptable voltage criteria by 2016, and of public comments provided in person, TVA will develop and evaluate various the remaining seven substations will be individuals may provide written alternatives, including the No Action unable to meet criteria by 2019. Five of comments to the panel for their review Alternative, in the environmental the 161-kV transmission lines are and consideration. Comments in written review. Public comments are invited expected to become overloaded by or oral form are for informational concerning both the scope of the review summer 2016, and 11 more lines are purposes only for the Panel. Public and environmental issues that should be likely to be overloaded by summer 2019. comments will not be specifically addressed. Long-range studies indicate that either addressed or receive a written response DATES: To ensure consideration, the provision of a 500-kV source or by the Panel. comments on the scope and extensive upgrades to existing 161-kV For individuals that are hearing environmental issues must be facilities will be required in the Putnam impaired and in need of sign language postmarked or e-mailed no later than County and Cumberland County area by services please contact the Panel staff as February 22, 2011. If TVA decides to 2016 to meet anticipated power loads. outlined below at least 10 business days prepare an EIS, a notice of availability Proposed Alternatives prior to the meeting so that timely of the draft document will be published arrangements can be made to provide in the Federal Register, and TVA has identified three potential this service. announcements will be placed in local alternatives to meet the identified power Contact Information: Records are kept news media. supply needs. The first involves of all proceedings and will be available upgrading existing transmission lines in for public inspection by appointment at ADDRESSES: Written comments should the area. This would require replacing the Panel office. Anyone requiring be sent to Anita Masters, NEPA conductors (i.e., ‘‘wires’’) on information regarding the Panel should Compliance Manager, Tennessee Valley approximately 54 miles of transmission contact the staff by: Authority, 1101 Market Street (LP 5U), lines and performing other upgrades Mail addressed to SSA, Future Chattanooga, Tennessee 37402–2801. (e.g., resagging and retensioning Systems Technology Advisory Panel, Comments may be e-mailed to conductors and increasing structure Room 500, Altmeyer Building, 6401 [email protected] or entered online heights) on about 115 miles of Security Boulevard, Baltimore, MD at http://www.tva.gov/environment/ transmission lines. Extensive equipment 21235–0001; Telephone at 410–966– reports/putnam/index.htm. upgrades would be required at 11 161- 2203; Fax at 410–966–7474; or e-mail to FOR FURTHER INFORMATION CONTACT: kV substations. [email protected]. Christopher A. Austin, Civil Engineer, The second potential alternative Tennessee Valley Authority, 1101 Karen Palm, involves the construction and operation Market Street (MR 4G), Chattanooga, of a new 500-kV substation in western Designated Federal Officer, Future Systems Tennessee 37402–2801; telephone: Technology Advisory Panel. Cumberland County near the existing 800–362–4355; e-mail: Campbell Junction 161-kV Substation. [FR Doc. 2011–1309 Filed 1–21–11; 8:45 am] [email protected]. Project The new substation would require an BILLING CODE 4191–02–P information is available online at area of 60 to 80 acres. Under this option, http://www.tva.gov/power/projects/ TVA would acquire a 300-foot-wide _ putnam cumb/index.htm. right-of-way, then construct, operate, TENNESSEE VALLEY AUTHORITY SUPPLEMENTARY INFORMATION: and maintain two new parallel 500-kV transmission line connections from the Putnam-Cumberland, TN—Improve Background Power Supply new substation to the TVA Roane- TVA is an agency and instrumentality Wilson 500-kV Transmission Line. The AGENCY: Tennessee Valley Authority. of the United States, established by an length of the new lines would likely be ACTION: Notice of intent. act of Congress in 1933, to foster the less than 2 miles. In addition, following social and economic welfare of the acquisition of a 100-foot-wide right-of- SUMMARY: This notice is provided in people of the Tennessee Valley region way,TVA would construct, operate, and accordance with the Council on and to promote the proper use and maintain two new 161-kV transmission Environmental Quality’s regulations conservation of the region’s natural line connections on a double-circuit line (40 CFR Parts 1500–1508) and the resources. One component of this (i.e., a line consisting of two sets of Tennessee Valley Authority’s (TVA) mission is the generation, transmission, conductors located on common procedures for implementing the and sale of reliable and affordable structures) from the new 500-kV National Environmental Policy Act electric energy. TVA provides electric substation to the existing TVA (NEPA). TVA will prepare an power to most of Tennessee and to parts Monterey-Peavine 161-kV Transmission environmental assessment (EA) or an of Virginia, North Carolina, Georgia, Line. The new connections would likely environmental impact statement (EIS) to Alabama, Mississippi, and Kentucky. be less than a mile long. New substation address the potential environmental TVA transmits this power over equipment would be installed in the effects of proposed electrical power approximately 16,000 miles of Jamestown, Tennessee, area under this supply improvements in the Putnam transmission lines. option.

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The third alternative involves and economic considerations, will be The public is invited to submit construction of a new 500-kV substation used by TVA in identifying a Preferred comments on the scope of the in Putnam County southwest of Alternative. At this time, the range of environmental review no later than the Cookeville on a 60- to 80-acre site. As alternatives TVA has identified for date given under the DATES section of part of this alternative, TVA would detailed evaluation includes the No this notice. TVA will conduct a public acquire a 300-foot-wide right-of-way Action Alternative and the three scoping meeting on January 20, 2011. and construct, operate, and maintain potential Action Alternatives described This open house meeting will begin at two new parallel 500-kV transmission above. As analyses proceed, one or more 3 p.m. and end at 7 p.m. CST. The lines from the proposed substation to alternatives may be eliminated due to meeting will be held at the Willow Place the TVA Roane-Wilson 500-kV technical infeasibility, unacceptable Conference Center, Cascade Hall, Transmission Line. These new lines are environmental impacts, or unreasonably located at 225 North Willow Avenue, expected to be less than 2 miles in high economic costs. TVA expects to Cookeville, Tennessee. At the meeting, length. TVA would also acquire right-of- evaluate multiple sites for the new TVA will present overviews of the way in order to construct, operate, and substation and various routing options proposed project and the environmental maintain four new 161-kV transmission for new transmission lines. review process, answer questions, and line connections. Two of these would be Proposed Issues To Be Addressed solicit comments on the issues of a double-circuit line located on a 100- interest to the public. The meeting will foot-wide right-of-way from the new The EA or EIS will contain be publicized through notices in local 500-kV substation to the existing TVA descriptions of the existing newspapers, TVA press releases, on the Cordell Hull-West Cookeville 161-kV environmental and socioeconomic TVA Web site at http://www.tva.gov/ Transmission Line. The other two resources within the area that would be environment/reports/putnam/index.htm connections would also be a double- affected by construction, operation, and and in letters to local elected officials. circuit line located on a 100-foot-wide maintenance of the proposed substation, right-of-way from the new 500-kV transmission lines, and associated Dated: January 13, 2011. substation to the Gallatin-West upgrades. Evaluation of potential Anda A. Ray, Cookeville 161-kV Transmission Line. environmental impacts to these Senior Vice President, Environment and About 7 to 10 miles of new right-of-way resources will include, but will not Technology. would be needed for these connections. necessarily be limited to, the potential [FR Doc. 2011–1222 Filed 1–21–11; 8:45 am] Additionally, the West Cookeville-South impacts on water quality, aquatic and BILLING CODE 8120–08–P Cookeville 161-kV Transmission Line terrestrial ecology, endangered and would be upgraded. New equipment threatened species, wetlands, aesthetics would be installed at the Jamestown and visual resources, land use, historic DEPARTMENT OF TRANSPORTATION 161-kV Substation in Fentress County, and archaeological resources, and Tennessee, and at the Monterey 161-kV socioeconomic resources. The need and Federal Aviation Administration Substation in Putnam County under this purpose of the project will be described. alternative. The range of issues to be addressed in Notice of Opportunity for Public New 500-kV transmission lines would the environmental review will be Comment on Surplus Property Release likely utilize self-supporting, laced-steel determined, in part, from scoping at Brunswick-Golden Isles Airport, towers, while new 161-kV lines would comments. The preliminary Brunswick, GA identification of reasonable alternatives probably be mounted on single- and AGENCY: Federal Aviation double-pole steel structures. Line and environmental issues in this notice Administration (FAA), DOT. construction would require removal of is not meant to be exhaustive or final. ACTION: Notice. trees within the right-of-way as well as Public and Agency Participation any other nearby tall trees that could SUMMARY: Under the provisions of Title The EA or EIS is being prepared to endanger safe operation of the line. 49, U.S.C. Section 47153(c), notice is inform decision makers and the public Construction of the 500-kV support being given that the FAA is considering about the potential environmental structures would require the excavation a request from the Glynn county Airport effects of TVA’s options for meeting of foundations for each of the tower Commission to waive the requirement anticipated electric power demands in legs. Cranes and other heavy equipment that a 16.84-acre parcel of surplus central Tennessee. The draft EA or EIS would be used to construct the towers property, located on Glynn County is anticipated to be available in late and pull the electrical conductor into Airport owned and operated land 2011. Any changes to this schedule will place. After construction, the disturbed adjacent to, but separated by a public be posted on the TVA Web site: areas would be revegetated, and the roadway, Brunswick-Golden Isles http://www.tva.gov/power/projects/ right-of-way would be maintained Airport, be used for aeronautical putnam_cumb/index.htm. The periodically to control the growth of tall purposes. vegetation. environmental review process will also After the completion of scoping, TVA serve to inform the public and the DATES: Comments must be received on will begin detailed studies for siting the decision makers of the reasonable or before February 23, 2011. substation and routing the transmission measures that would be implemented to ADDRESSES: Comments on this notice lines using maps, aerial photography, minimize adverse impacts. Other may be mailed or delivered in triplicate and other relevant data. When the Federal, State, and local agencies and to the FAA at the following address: studies have progressed sufficiently, governmental entities are invited to Atlanta Airports District Office, Attn: potentially affected landowners will be provide scoping comments. These Aimee A. McCormick, Program contacted directly, and additional field agencies include, but are not limited to, Manager, 1701 Columbia Ave., Campus surveys will be conducted. the U.S. Army Corps of Engineers, U.S. Bldg., Ste. 2–260, Atlanta, GA 30337– The results of evaluating the potential Fish and Wildlife Service, Tennessee 2747. environmental impacts and other Department of Environment and In addition, one copy of any important issues identified in the Conservation, and the Tennessee State comments submitted to the FAA must scoping process, as well as engineering Historic Preservation Officer. be mailed or delivered to Steve Brian,

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Airport Director of Brunswick-Golden regulations. By this notice, FTA is (b) Specifically address how an FTA Isles Airport at the following address: establishing an Emergency Relief Docket requirement in a policy statement, 295 Aviation Parkway, Ste. 205, for calendar year 2011. circular, agency guidance or rule will Brunswick, GA 31525. FOR FURTHER INFORMATION CONTACT: limit a grantee’s or subgrantee’s ability FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor, to respond to an emergency or disaster; Aimee McCormick, Program Manager, Legislation and Regulations Division, (c) Identify the policy statement, Atlanta Airports District Office, 1701 Office of Chief Counsel, Federal Transit circular, guidance document and/or rule Columbia Ave., Campus Bldg, Ste. Administration, 1200 New Jersey Ave., from which the grantee or subgrantee 2–260, Atlanta, GA 30337–2747, (404) SE., Room E56–306, Washington, DC seeks relief; and 305–7143. The application may be 20590, phone: (202) 366–4011, fax: (202) (d) Specify if the petition for relief is reviewed in person at this same 366–3809, or e-mail, one-time or ongoing, and if ongoing location. [email protected]. identify the time period for which the relief is requested. The time period may SUPPLEMENTARY INFORMATION: The FAA SUPPLEMENTARY INFORMATION: Pursuant not exceed three months; however, is reviewing a request by the Glynn to title 49 CFR part 601, subpart D, FTA additional time may be requested County Airport Commission to release is establishing the Emergency Relief through a second petition for relief. 16.84 acres of surplus property at the Docket for calendar year 2011. The A petition for relief from Brunswick-Golden Isles Airport. The docket may be opened at the request of administrative requirements will be property will be purchased with intent a grantee or subgrantee, or on the conditionally granted for a period of to expand an existing adjacent, Administrator’s own initiative. When three (3) business days from the date it compatible non-aeronautical facility the Emergency Relief Docket is opened, is submitted to the Emergency Relief with buffer land along the public FTA will post a notice on its Web site, Docket. FTA will review the petition roadway that currently separates it from at http://www.fta.dot.gov. In addition, a after the expiration of the three business the airport. The location of the land notice will be posted in the docket. days and review any comments relative to existing or anticipated In the event a grantee or subgrantee submitted thereto. FTA may contact the aircraft noise contours greater than believes the Emergency Relief Docket grantee or subgrantee that submitted the 65ldn are not an issue. The net proceeds should be opened and it has not been request for relief, or any party that from the sale of this property will be opened, that grantee or subgrantee may submits comments to the docket, to used for airport purposes. The proposed submit a petition in duplicate to the obtain more information prior to making use ofthis property is compatible with Administrator, via U.S. mail, to: Federal a decision. FTA shall then post a airport operations. Transit Administration, 1200 New decision to the Emergency Relief Any person may inspect the request Jersey Ave., SE., Washington, DC 20590; Docket. FTA’s decision will be based on in person at the FAA office listed above via telephone, at: (202) 366–4011; or via whether the petition meets the criteria under FOR FURTHER INFORMATION fax, at (202) 366–3472, requesting for use of these emergency procedures, CONTACT. In addition, any person may, opening of the Docket for that the substance of the request, and the upon request, inspect the request, notice emergency and including the comments submitted regarding the and other documents germane to the information set forth below. petition. If FTA does not respond to the request in person at the Brunswick- All petitions for relief from request for relief to the docket within Golden Isles Airport. administrative requirements must be three business days, the grantee or Issued in Atlanta, Georgia, on December posted in the docket in order to receive subgrantee may assume its petition is 29, 2010. consideration by FTA. The docket is granted for a period not to exceed three Scott L. Seritt, publicly accessible and can be accessed months until and unless FTA states 24 hours a day, seven days a week, via otherwise. Manager, Atlanta Airports District Office, Pursuant to section 604.2(f) of FTA’s Southern Region. the Internet at http:// www.regulations.gov. Petitions may also charter rule (73 FR 2325, Jan. 14, 2008), [FR Doc. 2011–1161 Filed 1–21–11; 8:45 am] be submitted by U.S. mail or by hand grantees and subgrantees may assist BILLING CODE 4910–13–M delivery to the DOT Docket with evacuations or other movement of Management Facility, 1200 New Jersey people that might otherwise be considered charter transportation when DEPARTMENT OF TRANSPORTATION Ave., SE., Room W12–140, Washington, DC 20590. Any grantee or subgrantee that transportation is in response to an Federal Transit Administration submitting petitions for relief or emergency declared by the President, comments to the docket must include governor, or mayor, or in an emergency [Docket FTA–2011–0001] the agency name (Federal Transit requiring immediate action prior to a formal declaration, even if a formal Notice of Establishment of Emergency Administration) and docket number declaration of an emergency is not Relief Docket for Calendar Year 2011 FTA–2011–0001. Grantees and subgrantees making submissions to the eventually made by the President, AGENCY: Federal Transit Administration docket by mail or hand delivery should governor or mayor. Therefore, a request (FTA), DOT. submit two copies. for relief is not necessary in order to ACTION: Notice. In the event a grantee or subgrantee provide this service. However, if the needs to request immediate relief and emergency lasts more than 45 calendar SUMMARY: The Federal Transit does not have access to electronic days, the grantee or subgrantee shall Administration (FTA) is establishing an means to request that relief, the grantee follow the procedures set out in this Emergency Relief Docket for calendar or subgrantee may contact any FTA notice. year 2011 so grantees and subgrantees regional office or FTA headquarters and FTA reserves the right to reopen any affected by national or regional request that FTA staff submit the docket and reconsider any decision emergencies may request relief from petition on its behalf. made pursuant to these emergency FTA administrative requirements set A petition for relief shall: procedures based upon its own forth in FTA policy statements, (a) Identify the grantee or subgrantee initiative, based upon information or circulars, guidance documents, and and its geographic location; comments received subsequent to the

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three business day comment period, or such actions were taken, are described Issued on: January 19, 2011. at the request of a grantee or subgrantee in the documentation issued in Elizabeth S. Riklin, upon denial of a request for relief. FTA connection with the project to comply Deputy Associate Administrator for Planning shall notify the grantee or subgrantee if with the National Environmental Policy and Environment, Washington, DC. it plans to reconsider a decision. FTA Act (NEPA) and in other documents in [FR Doc. 2011–1365 Filed 1–21–11; 8:45 am] decision letters, either granting or the FTA administrative record for the BILLING CODE P denying a petition, shall be posted in project. Interested parties may contact the Emergency Relief Docket and shall either the project sponsor or the relevant reference the document number of the FTA Regional Office for more DEPARTMENT OF TRANSPORTATION petition to which it relates. information on the project. Contact Issued in Washington, DC, this 19th day of National Highway Traffic Safety information for FTA’s Regional Offices Administration January 2011. may be found at http://www.fta.dot.gov. Peter Rogoff, This notice applies to all FTA [U.S. DOT Docket No. NHTSA–2010–0023] Administrator. decisions on the listed project as of the [FR Doc. 2011–1317 Filed 1–21–11; 8:45 am] Reports, Forms and Recordkeeping issuance date of this notice and all laws BILLING CODE P Requirements; Agency Information under which such actions were taken, Collection Activity Under OMB Review including, but not limited to, NEPA [42 AGENCY: DEPARTMENT OF TRANSPORTATION U.S.C. 4321–4375], Section 4(f) of the National Highway Traffic Department of Transportation Act of Safety Administration, DOT. Federal Transit Administration 1966 [49 U.S.C. 303], Section 106 of the ACTION: Notice. National Historic Preservation Act [16 SUMMARY: Notice of Limitation on Claims Against U.S.C. 470f], and the Clean Air Act [42 In compliance with the Paperwork Reduction Act of 1995 (44 Proposed Public Transportation U.S.C. 7401–7671q]. This notice does Projects U.S.C. 3501 et seq.), this notice not, however, alter or extend the announces that the Information AGENCY: limitation period of 180 days for Federal Transit Administration Collection Request (ICR) abstracted (FTA), DOT. challenges of project decisions subject below has been forwarded to the Office ACTION: Notice of limitation on claims. to previous notices published in the of Management and Budget (OMB) for Federal Register. The project and SUMMARY: This notice announces final review and comment. The ICR describes actions that are the subject of this notice the nature of the information collections environmental actions taken by the are: Federal Transit Administration (FTA) and their expected burden. The Federal for the following project: Honolulu High Project name and location: Honolulu Register Notice with a 60-day comment Capacity Transit Corridor Project, City High Capacity Transit Corridor Project, period was published on April 23, 2010 and County of Honolulu Department of Honolulu, HI. Project sponsor: City and (75 FR 21385–21386). Transportation Services, Honolulu, HI. County of Honolulu Department of DATES: Comments must be submitted on The purpose of this notice is to Transportation Services. Project or before February 23, 2011. announce publicly the environmental description: The project includes the FOR FURTHER INFORMATION CONTACT: Ms. decisions by FTA on the subject project construction and operation of an Laurie Flaherty, Program Analyst, at the and to activate the limitation on any elevated steel-wheel-on-steel-rail fixed National Highway Traffic Safety claims that may challenge these final guideway system that extends near Administration, Office of Emergency environmental actions. University of Hawai’i West O’ahu, Medical Services, NTI–140, 202–366– DATES: By this notice, FTA is advising proceeds via Farrington Highway and 2705 or via e-mail at the public of final agency actions Kamehameha Highway to Aolele Street [email protected], 1200 New subject to Section 139(l) of Title 23, serving the Airport, to Dillingham Jersey Ave., SE., W44–322, Washington, United States Code (U.S.C.). A claim Boulevard, to Nimitz Highway, to DC 20590. seeking judicial review of the FTA Halekauwila Street, and ending at the SUPPLEMENTARY INFORMATION: actions announced herein for the listed Ala Moana Center in Downtown public transportation project will be National Highway Traffic Safety Honolulu. The total project length is barred unless the claim is filed on or Administration approximately 20 miles and would before July 25, 2011. include the construction of 21 stations, Title: Request for Information, FOR FURTHER INFORMATION CONTACT: a vehicle maintenance and storage National 9–1–1 Program. Katie Grasty, Environmental Protection facility, transit centers, park-and-ride OMB Number: Enter Data. Specialist, Office of Planning and lots, traction power substations, and an Type of Request: New information Environment, 202–366–9139, or collection request. access ramp from the H–2 Freeway to Christopher Van Wyk, Attorney- Abstract: NHTSA is proposing to the Pearl Highlands park-and-ride. Final Advisor, Office of Chief Counsel, 202– issue annual RFIs seeking comments agency actions: Section 4(f) 366–1733. FTA is located at 1200 New from all sources (public, private, Jersey Avenue, SE., Washington, DC determination; Section 106 governmental, academic, professional, 20590. Office hours are from 9 a.m. to Programmatic Agreement; Section 7 Not public interest groups, and other 5:30 p.m., EST, Monday through Friday, Likely to Adversely Affect Endangered interested parties) on operational except Federal holidays. Species finding; and a Record of priorities for the National 9–1–1 SUPPLEMENTARY INFORMATION: Notice is Decision dated January 2011. Program. The National 9–1–1 Program hereby given that FTA has taken final Supporting documentation: Final currently provides: Program and policy agency actions by issuing certain Environmental Impact Statement dated coordination across Federal agencies approvals for the public transportation June 2010. and support to Public Safety Answering project listed below. The actions on this Points and related State and local project, as well as the laws under which agencies for 9–1–1 deployment and

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operations. NHTSA intends to use the voluntary. The total number of notice announces the date, time and National 9–1–1 Program to work respondents is estimated at 50. call-in information for the meeting, cooperatively with public and private Estimated Total Annual Burden: which will be open to the public. The 9–1–1 stakeholders to establish a vision NHTSA estimates that responses to the purpose of NEMSAC is to serve as a for the future of 9–1–1 services in the questions included in the proposed RFIs nationally recognized council of Nation. The RFIs will solicit comments would require an average of one hour to emergency medical services on the priorities and strategies of the complete, for a total of 50 hours. The representatives and consumers to National 9–1–1 Program to accomplish respondents would not incur any provide advice and recommendations its functions, goals and vision. In reporting costs from the information regarding Emergency Medical Services addition, the RFIs will obtain collection. The respondents also would (EMS) to the U.S. DOT’s NHTSA. expressions of interest in participating not incur any recordkeeping burden or as partners and will request responses to recordkeeping costs from the DATES: The teleconference meeting will specific questions, including critical information collection. be held on February 9, 2011 from 2 p.m. 9–1–1 issues, benefits to stakeholders, Send comments, within 30 days, to to 4 p.m. EST. A public comment period available data and methods of the Office of Information and Regulatory will take place on February 9, 2011 collection. These RFIs will NOT seek Affairs, Office of Management and between 3:30 p.m. to 3:45 p.m. EST. comment on the 9–1–1 grant program Budget, 725–17th Street, NW., Comment Date: Written comments or administered by the NHTSA. The RFIs Washington, DC 20503, Attention requests to make oral presentations will not include requests for proposals NHTSA Desk Officer. must be received by February 4, 2011. or invitations for bids. Comments are invited on: Whether In order to collect information needed the proposed collection of information ADDRESSES: The meeting will be held to develop and implement effective is necessary for the proper performance via teleconference only. Members of the strategies for the National 9–1–1 of the functions of the Department, public who wish to obtain the call-in Program to provide leadership, including whether the information will number, access code, and other coordination, guidance and direction to have practical utility; the accuracy of information for the teleconference may the enhancement of the Nation’s 9–1–1 the Department’s estimate of the burden contact Drew Dawson as listed in the services, NHTSA must utilize efficient of the proposed information collection; FOR FURTHER INFORMATION CONTACT and effective means of eliciting the ways to enhance the quality, utility and section by February 4, 2011. input and opinions of its constituency clarity of the information to be Persons may request time to make an groups. If approved, the proposed collected; and ways to minimize the oral presentation. Persons may also annual RFIs would assist the National burden of the collection of information submit written comments. Written 9–1–1 Program in addressing the myriad on respondents, including the use of comments and requests to make oral of issues posed by implementing new automated collection techniques or presentations at the meeting should technologies in 9–1–1 services in a other forms of information technology. reach Drew Dawson at the address listed systematic, prioritized fashion, with A Comment to OMB is most effective if below and must be received by February active involvement of its constituency. OMB receives it within 30 days of 4, 2011. The results of the proposed annual RFIs publication. would be used to: (1) Identify areas to All submissions received must Issued in Washington, DC, on January 19, include the docket number, NHTSA– target programs and activities to achieve 2011. the greatest benefit; (2) Develop 2011–0003, and may be submitted by Michael L. Brown, programs and initiatives aimed at any one of the following methods: cooperative efforts to enhance 9–1–1 Acting Associate Administrator for Research (1) You may submit comments by e-mail and Program Development. services nationwide; and (3) to provide to [email protected] or informational support to States, regions, [FR Doc. 2011–1363 Filed 1–21–11; 8:45 am] [email protected]; or (2) you may and localities in their own efforts to BILLING CODE P submit comments by Fax to (202) 366– enhance 9–1–1 services. 7149. Affected Public: Under this proposed DEPARTMENT OF TRANSPORTATION An electronic copy of this document effort, the National 9–1–1 Program may be downloaded from the Federal would issue annual RFIs, seeking National Highway Traffic Safety Register’s home page at http:// responses to specific questions and Administration www.archives.gov and the Government soliciting comments on the priorities Printing Office’s database at http:// and strategies used by the National [NHTSA Docket No. NHTSA–2011–0003] www.access.gpo.gov/nara. 9–1–1 Program to accomplish its functions, goals and vision, and to National Emergency Medical Services FOR FURTHER INFORMATION CONTACT: obtain expressions of interest in Advisory Council Teleconference Drew Dawson, Director, Office of participating as partners. The various Meeting Emergency Medical Services, National entities included in the constituency of AGENCY: National Highway Traffic Highway Traffic Safety Administration, the National 9–1–1 Program would be Safety Administration (NHTSA), 1200 New Jersey Avenue, SE., NTI–140, notified of the issuance of each RFI. Department of Transportation (DOT). Washington, DC 20590, Telephone Likely respondents would include Title: National Emergency Medical number (202) 366–9966; e-mail companies, agencies and organizations Services Advisory Council [email protected]. from all of the constituency groups Teleconference Meeting. SUPPLEMENTARY INFORMATION: Notice of listed above, particularly local and State ACTION: National Emergency Medical emergency communications agencies, Services Advisory Council (NEMSAC); this meeting is given under the Federal professional and industry associations, notice of Teleconference Meeting. Advisory Committee Act (FACA), Public ‘‘traditional’’ telecommunication service Law 92–463, as amended (5 U.S.C. App. providers, ‘‘public safety/emergency’’ SUMMARY: The NHTSA announces a 1 et seq.) The NEMSAC will hold a service providers and special interest teleconference meeting of the NEMSAC meeting on Wednesday February 9, advocacy organizations. Response is to be held on February 9, 2011. This 2011, via teleconference.

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Agenda of Council Teleconference (NSR) has agreed to grant CSX Board decisions and notices are Meeting, February 9, 2011 Transportation, Inc. (CSXT) temporary available on our Web site at http:// The tentative agenda includes the overhead trackage rights generally www.stb.dot.gov. following: between CSXT’s connection to NSR’s Decided: January 18, 2011. tracks at Deepwater, W.Va., milepost By the Board. Wednesday February 9, 2011 V434.1 located on the Vaco Branch via Alloy, W.Va., east to the connection Rachel D. Campbell, (1) Opening Remarks—Chair and Director, Office of Proceedings. Designated Federal Officer. with the Vaughn Railroad Company at Jeffrey Herzig, (2) Introduction of Members and all in milepost WV227.6, including all attendance. necessary tracks designated for the Clearance Clerk. (3) Overview of Health Care Reform purposes of movement by NSR’s [FR Doc. 2011–1300 Filed 1–21–11; 8:45 am] and Emergency Medical Services. operating officer, including head and BILLING CODE 4915–01–P (4) Other Business. tail room as necessary. The lines in (5) Public Comment Period. question total 12.3 miles of track. (6) Next Steps and Future Meetings. The exemption became effective on DEPARTMENT OF VETERANS While the entire meeting is open to January 18, 2011, and will expire on AFFAIRS July 1, 2011.1 CSXT explains that the the public, the public comment period [OMB Control No. 2900–New (VOV)] will take place on February 9, 2011 temporary trackage rights will permit it to resume overhead rail service to the between 3:30 and 3:45 p.m. EST. 2 Proposed Information Collection Public Attendance: The meeting is Fola Coal Mine at Bickmore, W.Va. As a condition to this exemption, any (Veterans Benefits Administration open to the public. Persons with employees affected by the temporary (VBA) Voice of the Veteran (VOV) Pilot disabilities who require special trackage rights will be protected by the Surveys) Activity: Comment Request assistance should advise Drew Dawson conditions imposed in Norfolk and of their anticipated special needs as AGENCY: Veterans Benefits Western Railway—Trackage Rights— early as possible. Members of the public Administration, Department of Veterans Burlington Northern, 354 I.C.C. 605 who wish to make comments on Affairs. (1978), as modified in Mendocino Coast ACTION: Notice. February 9, 2011 between 3:30 and 3:45 Railway—Lease and Operate— p.m. are requested to register in California Western Railroad, 360 I.C.C. SUMMARY: The Veterans Benefits advance. In order to allow as many 653 (1980), and any employees affected people as possible to speak, speakers are Administration (VBA), Department of by the discontinuance of those trackage Veterans Affairs (VA), is announcing an requested to limit their remarks to rights will be protected by the 3 minutes. For those wishing to submit opportunity for public comment on the conditions set out in Oregon Short Line proposed collection of certain written comments, please follow the Railroad—Abandonment Portion procedure noted above. information by the agency. Under the Goshen Branch Between Firth and Paperwork Reduction Act (PRA) of Individuals wishing to register for Ammon, in Bingham and Bonneville attendance in the teleconference must 1995, Federal agencies are required to Counties, Idaho, 360 I.C.C. 91 (1979). publish notice in the Federal Register provide their name, affiliation, phone This notice is filed under 49 CFR number, and e-mail address to Drew concerning each proposed collection of 1180.2(d)(8). If it contains false or information, including each proposed Dawson by e-mail at misleading information, the exemption [email protected] or by telephone new collection, and allow 60 days for is void ab initio. Petitions to revoke the public comment in response to the at (202) 366–9966 no later than February exemption under 49 U.S.C. 10502(d) 4, 2011. There will be limited call-in notice. This notice solicits comments may be filed at any time. The filing of information needed to determine lines, so please register early. Pre- a petition to revoke will not beneficiary satisfaction with benefit registration is necessary to enable automatically stay the effectiveness of application and servicing processes for proper arrangements. Minutes of the the exemption. NEMSAC Meeting will be available to An original and 10 copies of all the VBA Compensation and Pension the public online at http:// pleadings, referring to Docket No. FD (C&P) Service, Education (EDU) Service, www.ems.gov. 35460, must be filed with the Surface Vocational Rehabilitation and Transportation Board, 395 E Street, SW., Employment (VR&E) Service and Loan Issued on: January 19, 2011. Guaranty (LGY) Service. Michael L. Brown, Washington, DC 20423–0001. In addition, a copy of each pleading must DATES: Written comments and Acting Associate Administrator for Research recommendations on the proposed and Program Development. be served on Louis E. Gitomer, Law Offices of Louis E. Gitomer, 600 collection of information should be [FR Doc. 2011–1364 Filed 1–21–11; 8:45 am] Baltimore Avenue, Suite 301, Towson, received on or before March 25, 2011. BILLING CODE 4910–59–P MD 21204. ADDRESSES: Submit written comments on the collection of information through 1 DEPARTMENT OF TRANSPORTATION By decision served on January 18, 2011, the the Federal Docket Management System Board granted CSXT’s request for waiver of 49 CFR (FDMS) at http://www.Regulations.gov 1180.4(g) and allowed the exemption to become Surface Transportation Board effective immediately. or to Nancy J. Kessinger, Veterans 2 CSXT used to use its own line to serve this Benefits Administration (20M35), [Docket No. FD 35460] mine, but it cannot do so now, because a necessary Department of Veterans Affairs, 810 bridge has been closed due to safety concerns since Vermont Avenue, NW., Washington, DC CSX Transportation, Inc.—Temporary September 2010. After the closure, CSXT had been Trackage Rights—Norfolk Southern providing service to the mine over NSR lines 20420 or e-mail Railway Company pursuant to a detour agreement. That agreement has [email protected]. Please refer to now expired. NSR is willing to continue to allow ‘‘OMB Control No. 2900–New (VOV)’’ in Pursuant to a written trackage rights CSXT to use its lines to reach the mine, but NSR any correspondence. During the now wishes that such service be provided through agreement dated January 16, 2011, temporary trackage rights. CSXT expects the bridge comment period, comments may be Norfolk Southern Railway Company to be in service again by July 1, 2011. viewed online through FDMS.

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FOR FURTHER INFORMATION CONTACT: fielding period. The sample will be benefit application within 90 days (i.e., Nancy J. Kessinger at (202) 461–9769 or stratified as follows: (1) Type of benefit the original end-product has been FAX (202) 275–5947. (i.e., Compensation, Pension), (2) cleared within the past 90 days) prior to SUPPLEMENTARY INFORMATION: Under the claimants who were found eligible, (3) the fielding period. The sample will be PRA of 1995 (Pub. L. 104–13; 44 U.S.C. claimants who were found ineligible stratified as follows: (1) Accepted and 3501–3521), Federal agencies must and are not appealing their claim. The enrolled, (2) accepted and not enrolled, obtain approval from the Office of survey pool for the pilot Compensation (3) denied. The survey pool for the pilot Management and Budget (OMB) for each servicing questionnaire will include Education Servicing questionnaire will collection of information they conduct individuals who have been receiving include beneficiaries who have been or sponsor. This request for comment is compensation benefits for at least 6 enrolled and receiving education benefit being made pursuant to Section months or individuals who received a payments for at least 2 consecutive 3506(c)(2)(A) of the PRA. decision on a compensation claim 6–18 school terms prior to the fielding period. With respect to the following months prior to the field period. The collection of information, VBA invites sample will be stratified as follows: (1) c. Loan Guaranty (LGY) Service comments on: (1) Whether the proposed Individuals who were granted a Surveys collection of information is necessary decision, are receiving benefits and not J.D. Power will be pilot testing two for the proper performance of VBA’s appealing their benefit, (2) individuals survey instruments for the Loan functions, including whether the who were granted a decision, are Guaranty (LGY) Service line of business. information will have practical utility; receiving benefits and are appealing Based on the numerous interviews (2) the accuracy of VBA’s estimate of the their benefit, (3) individuals who were conducted, JDPA has separated the burden of the proposed collection of denied benefits and are appealing, (4) Veterans experience with Loan information; (3) ways to enhance the individuals who were denied benefits Guaranty into two categories—Home quality, utility, and clarity of the and are not appealing. The survey pool Loan Enrollment and Processing, and information to be collected; and (4) for the pilot Pension servicing Specially Adapted Housing Servicing ways to minimize the burden of the questionnaire will include individuals (Assessment and Grant Process). There collection of information on who have been receiving pension will be one survey instrument for the respondents, including through the use benefits for at least 6 months or Home Loan category, and one survey of automated collection techniques or individuals who received a decision on instrument for the Specially Adapted the use of other forms of information a pension claim 6–18 months prior to Housing category. The Home Loan technology. the field period. The sample will be Enrollment questionnaire will include Title: Veterans Benefits stratified as follows: (1) Individuals who factors relating to benefit eligibility and Administration (VBA) Voice of the were granted a decision, are receiving the application process, benefit Veteran (VOV) Pilot Surveys. benefits and not appealing their benefit, entitlement, benefit information, and (2) individuals who were granted a a. Compensation and Pension (C&P) VA personnel. Additionally, the Home decision, are receiving benefits and are Service Surveys Loan questionnaire will address areas appealing for additional special benefits specific to the Loan Process. The J.D. Power will be pilot testing three (i.e., Aid and Attendance, Housebound), survey instruments for the Specially Adapted Housing Servicing (3) individuals who were denied questionnaire will include the same Compensation and Pension (C&P) benefits and are appealing. Service line of business. Based on the factors as Home Loan, but will address numerous interviews conducted, JDPA b. Education (EDU) Service Surveys the grant process rather than the loan has separated the Veterans experience J.D. Power will be pilot testing two process. The results of the pilot test will with C&P into two categories— survey instruments for the Education be used to examine the effectiveness Enrollment in a Benefit and Servicing of (EDU) Service line of business. Based on and reliability of the survey instrument, a Benefit. There will be one survey the numerous interviews conducted, including an evaluation of the levels of instrument for the Enrollment category JDPA has separated the Veterans non-response for each question. that will be used for both compensation experience with Education into two The survey pool for the pilot LGY and pension claimants; compensation categories—Enrollment in a Benefit and Enrollment questionnaire will include beneficiaries and pension beneficiaries Servicing of a Benefit. There will be one individuals who closed a VA home loan will receive separate Servicing survey instrument for the Enrollment in the 30 days prior to the fielding instruments. The Enrollment category and one survey instrument for period. The sample will be stratified as questionnaire will include factors the Servicing category. The Enrollment follows: (1) Those who closed on relating to benefit eligibility and the questionnaire will include factors purchase loans, (2) those who received application process, benefit entitlement, relating to benefit eligibility and the loans for interest rate reductions, and benefit information, and VA personnel. application process, benefit entitlement, (3) those who obtained cash out or other The Servicing questionnaires will benefit information, and VA personnel. refinancing. The survey pool for the include the same factors as Enrollment, The Servicing questionnaire will pilot SAH servicing questionnaire will with the exception of benefit eligibility include the same factors as Enrollment, include individuals who are eligible for and the application process factor. The with the exception of benefit eligibility a specially adapted housing grant in FY results of the pilot test will be used to and the application process factor. The 2009. The sample will be stratified as examine the effectiveness and reliability results of the pilot test will be used to follows: (1) Those who have not yet of the survey instrument, including an examine the effectiveness and reliability applied, (2) those who have applied but evaluation of the levels of non-response of the survey instrument, including an have not yet received a decision, for each question. evaluation of the levels of non-response (3) those who have received an approval The survey pool for the pilot C&P for each question. on their grant and are currently Enrollment questionnaire will include The survey pool for the pilot somewhere in post-approval, (4) those individuals who have received a Education Enrollment questionnaire who have had all their funds disbursed decision on a compensation or pension will include individuals who have and final accounting is not yet benefit claim within 30 days prior to the received a decision on their education complete, and (5) those who have had

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all of their funds disbursed and final decided not to pursue the program, (3) VBA has engaged J.D. Power and accounting is complete. those who applied, showed up for an Associates to conduct this survey initial appointment and were not found initiative. The questionnaires are d. Vocational Rehabilitation and entitled to the program. The survey pool drafted in accordance with the J.D. Employment (VR&E) Service Surveys for the pilot VR&E Servicing Power and Associates Index Model—the J.D. Power will be pilot testing three questionnaire will include individuals cornerstone of all proprietary and survey instruments for the Vocational who have entered and been enrolled in syndicated research studies conducted Rehabilitation and Employment (VR&E) one of the five tracks for at least 60 days by J.D. Power. The model will allow J.D. Service line of business. Based on the prior to the fielding period. The sample Power to quantify, based on the survey numerous interviews conducted, JDPA will be stratified as follows: (1) Veterans data, what is most important and least has separated the Veterans experience who are currently participating, important with regard to satisfying our with Education into three categories— (2) Veterans who have been nation’s Veterans. Enrollment in a Benefit, Servicing of a rehabilitated, (3) Veterans who did not All survey instruments for each line Benefit, and Escaped Beneficiaries. fully complete program (negative of business, Compensation and Pension There will be one survey instrument for closures), and (4) Veterans who have Service, Education Service, Vocational the Enrollment category, one survey reached maximum rehabilitation gain Rehabilitation and Employment Service, instrument for the Servicing category, and could not proceed in program. The and Loan Guaranty Service, will contain and one survey instrument for the survey pool for the pilot VR&E Escaped common factors to allow VBA to Escaped Beneficiary category. The Beneficiary questionnaire will include compare scores across lines of business. Enrollment questionnaire will include individuals who dropped out of the In addition, JDPA will be in a position factors relating to benefit eligibility and program prior to completing a to provide VBA with an Overall the application process, benefit rehabilitation plan. The sample will be Satisfaction score for their experience entitlement, benefit information, and stratified as follows: (1) Applicants who across all benefits provided by VBA. VA personnel. The Servicing never attended the initial meeting with Affected Public: Individuals and questionnaire will include the same a counselor, (2) applicants who were factors as Enrollment, with the Households. determined to be entitled and did not Estimated Annual Burden: exception of benefit eligibility and the complete a rehabilitation plan, and (3) application process factor. The Escaped a. Compensation and Pension (C&P) applicants who started, but did not Service Surveys—3,000 hours. Beneficiary questionnaire will include complete rehabilitation (i.e., negative similar factors to Enrollment and b. Education (EDU) Service Surveys— closures). Servicing; however, the questionnaire 1,500 hours. OMB Control Number: 2900—New will address the experience that is c. Loan Guaranty (LGY) Service (VOV). unique to potential beneficiaries who Surveys—1,125 hours. Type of Review: New collection. applied for the benefit but decided not d. Vocational Rehabilitation and Abstract: In 2008, VBA recognized a to pursue the benefit or services Employment (VR&E) Service Surveys— need to develop and design an provided, including the reasons why 1,875 Hours integrated, comprehensive Voice of the they chose not to continue with the Estimated Average Burden per benefit application process or the VR&E Veteran (VOV) measurement program for their lines of business. This Respondent: 15 minutes. program. The results of the pilot test Frequency of Response: One time. will be used to examine the continuous measurement program will effectiveness and reliability of the help VBA understand what is important Estimated Number of Respondents: survey instrument, including an to Veterans relative to VBA services and a. Compensation and Pension (C&P) evaluation of the levels of non-response will provide VA/VBA leadership with Service Surveys—12,000. for each question. actionable and timely customer b. Education (EDU) Service Surveys— The survey pool for the pilot VR&E feedback on how VBA is performing 6,000. Enrollment questionnaire will include against those metrics. Insights will help c. Loan Guaranty (LGY) Service individuals who had an initial meeting identify opportunities for improvement Surveys—4,500. with their VR&E counselor and were and measure the impact of improvement d. Vocational Rehabilitation and granted a decision regarding their initiatives. Employment (VR&E) Service Surveys— entitlement in the past 60 days prior to The program started with numerous 7,500. the fielding period. The sample will be interviews with stakeholders at various Dated: January 18, 2011. stratified as follows: (1) Those who levels within the VBA organization and applied, showed up for an initial Veterans Service Organizations to By direction of the Secretary. appointment, were found entitled to and identify information needs and Denise McLamb, decided to pursue the program, (2) those perceived gaps in current processes. Program Analyst, Enterprise Records Service. who applied, showed up for an initial Surveys are designed to address those [FR Doc. 2011–1273 Filed 1–21–11; 8:45 am] appointment, were found entitled to and needs. BILLING CODE 8320–01–P

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Part II

Environmental Protection Agency

40 CFR Parts 9 and 63 National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities; Final Rule

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ENVIRONMENTAL PROTECTION stakeholders and State and local agency through Friday, excluding legal AGENCY representatives are addressed in this holidays. The telephone number for the action. We are also denying Public Reading Room is (202) 566–1744. 40 CFR Parts 9 and 63 reconsideration on one issue raised in a The Air and Radiation Docket and [EPA–HQ–OAR–2006–0406, FRL–9253–7] petition for reconsideration received by Information Center’s Web site is: http:// the Agency on the final rules. wwwlepa.gov/oar/docket.html. The RIN 2060–AP16 DATES: These final rules are effective on electronic mail (e-mail) address for the January 24, 2011. The incorporation by Air and Radiation Docket is: a-and-r- National Emission Standards for reference of certain publications listed [email protected], the telephone number Hazardous Air Pollutants for Source in the rule is approved by the Director is (202) 566–1742, and the Fax number Categories: Gasoline Distribution Bulk of the Federal Register as of January 24, is (202) 566–9744. Terminals, Bulk Plants, and Pipeline 2011. Facilities; and Gasoline Dispensing FOR FURTHER INFORMATION CONTACT: Facilities ADDRESSES: EPA has established a docket for this action under Docket ID General and Technical Information: AGENCY: Environmental Protection No. EPA–HQ–OAR–2006–0406. All Mr. Stephen Shedd, Office of Air Agency (EPA). documents in the docket are listed on Quality Planning and Standards, Sector ACTION: Final rule; amendments. the http://www.regulations.gov Web Policies and Programs Division, site. Although listed in the index, some Coatings and Chemicals Group (E143– SUMMARY: This action promulgates information is not publicly available, 01), U.S. EPA, Research Triangle Park, amendments to the National Emission e.g., confidential business information NC 27711, telephone: (919) 541–5397, Standards for Hazardous Air Pollutants or other information whose disclosure is facsimile number: (919) 685–3195, for Source Categories: Gasoline restricted by statute. Certain other e-mail address: [email protected]. Distribution Bulk Terminals, Bulk material, such as copyrighted material, Compliance Information: Ms. Maria Plants, and Pipeline Facilities; and is not placed on the Internet and will be Malave, Office of Compliance, Air Gasoline Dispensing Facilities, which publicly available only in hard copy Compliance Branch (2223A), U.S. EPA, EPA promulgated on January 10, 2008, form. Publicly available docket Ariel Rios Building, 1200 Pennsylvania and amended on March 7, 2008. In this materials are available either Avenue, NW., Washington, DC 20460, action, EPA is finalizing amendments electronically through http:// telephone: (202) 564–7027, e-mail and clarifications to certain definitions www.regulations.gov or in hard copy at address: and applicability provisions of the final the Air and Radiation Docket in the EPA [email protected]. rules in response to some of the issues Headquarters Library, EPA West raised in the petitions for Building, Room 3334, 1301 Constitution SUPPLEMENTARY INFORMATION: Regulated reconsideration. In addition, several Ave., NW., Washington, DC. Entities. Categories and entities other compliance-related questions The Public Reading Room is open potentially regulated by this action posed by various individual from 8:30 a.m. to 4:30 p.m., Monday include:

Category NAICS * Examples of regulated entities

Industry ...... 324110, 493190, 486910, Operations at area sources that transfer and store gasoline, including bulk termi- 424710, 447110, 447190. nals, bulk plants, pipeline facilities, and gasoline dispensing facilities. Federal/State/local/Tribal governments. * North American Industry Classification System.

This table is not intended to be III. Summary of Changes Since Proposal I. National Technology Transfer and exhaustive, but rather provides a guide IV. Summary of Comments and Responses Advancement Act for readers regarding entities likely to be A. Applicability J. Executive Order 12898: Federal Actions regulated by this action. To determine B. Throughput Thresholds To Address Environmental Justice in whether your facility is regulated by this C. Rule Clarifications Minority Populations and Low-Income action, you should examine the D. Comments Addressing Other Provisions Populations applicability criteria in 40 CFR part 63, That Were Not Proposed To Be Amended K. Congressional Review Act subpart BBBBBB and 40 CFR part 63, V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory I. General Information subpart CCCCCC. If you have any Planning and Review A. Where can I get a copy of this questions regarding the applicability of B. Paperwork Reduction Act this action to a particular entity, consult C. Regulatory Flexibility Act document? either the air permit authority for the D. Unfunded Mandates Reform Act In addition to being available in the entity or your EPA regional (UMRA) representative as listed in 40 CFR 63.13. docket, an electronic copy of these final E. Executive Order 13132: Federalism amendments will also be available on Outline: The information presented in F. Executive Order 13175: Consultation the Worldwide Web (WWW) through this preamble is organized as follows: and Coordination With Indian Tribal the EPA’s Technology Transfer Network I. General Information Governments G. Executive Order 13045: Protection of (TTN). Following the Administrator’s A. Where can I get a copy of this signature, a copy of this action will be document? Children From Environmental Health B. Judicial Review Risks and Safety Risks posted on the TTN’s policy and II. Background Information H. Executive Order 13211: Actions guidance page for newly proposed or A. Petitions for Reconsideration and Concerning Regulations That promulgated rules at http:// Judicial Review Significantly Affect Energy Supply, www.epa.gov/ttn/oarpg/. The TTN at B. Other Stakeholder Issues Distribution, or Use EPA’s Web site provides information

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and technology exchange in various and 0173). The Alliance also filed a After considering this matter, we deny areas of air pollution control. petition for judicial review of the final reconsideration of the third issue in the rules in the United States Court of Alliance’s petition for reconsideration. B. Judicial Review Appeals for the District of Columbia Under CAA section 307(b)(7)(B), the Under section 307(b)(1) of the Clean Circuit. In addition, the Alliance, API, Administrator must initiate Air Act (CAA), judicial review of these and several other stakeholders (affected reconsideration proceedings with final rules is available only by filing a facilities and State and local respect to provisions that are of central petition for review in the United States government agencies) contacted EPA relevance to the rule at issue if the Court of Appeals for the District of with questions on issues related to the petitioner shows that it was Columbia Circuit by March 25, 2011. implementation of the final rules. impracticable to raise an objection to a Under section 307(b)(2) of the CAA, the rule within the public comment period requirements established by these final A. Petitions for Reconsideration and or that the grounds for the objection rules may not be challenged separately Judicial Review arose after the public comment period in any civil or criminal proceedings 1. The Alliance Petition but within the period for filing petitions brought by EPA to enforce these for judicial review. The Alliance requirements. The Alliance’s petition for attempted neither demonstration in its Section 307(d)(7)(B) of the CAA reconsideration identified three issues petition for reconsideration; instead, it further provides that ‘‘[o]nly an for reconsideration (see the preamble to merely asserted that ‘‘neither the objection to a rule or procedure which the proposed rule for a discussion of proposal nor the final rule provided any was raised with reasonable specificity these issues (74 FR 66471)). The first notice’’ that these tanks could be subject during the period for public comment two issues were regarding the definition to the rules (see Docket No. EPA–HQ– (including any public hearing) may be of ‘‘Bulk Gasoline Plant.’’ We granted OAR–2006–0406, item 0152.1). Such raised during judicial review.’’ This reconsideration of these two issues in assertion is not sufficient under CAA section also provides a mechanism for the proposed rule (74 FR 66471). We are section 307(d)(7)(B) for requiring EPA to us to convene a proceeding for taking final action with regard to those reconsider this issue. The provision that reconsideration, ‘‘[i]f the person raising issues in today’s notice. the Alliance alleges provoked this third an objection can demonstrate to the EPA issue, the originally promulgated The Alliance raised a third issue in its that it was impracticable to raise such definition of ‘‘bulk gasoline plant,’’ was petition for reconsideration, which objection within [the period for public included in the original proposal questioned the inclusion of gasoline comment] or if the grounds for such published on November 9, 2006 (see 40 storage tanks used to fuel emergency objection arose after the period for CFR 63.11100, 73 FR 1916, 1940). The generators and fire pumps as being public comment (but within the time Alliance had ample time during the 60- subject to 40 CFR part 63, subpart specified for judicial review) and if such day public comment period to raise its BBBBBB or 40 CFR part 63, subpart objection is of central relevance to the concern that this definition of ‘‘bulk CCCCCC. The Alliance stated in both its outcome of the rule.’’ Any person gasoline plant’’ ‘‘could be read to cover seeking to make such a demonstration to petition for reconsideration and in its gasoline storage tanks that fuel us should submit a Petition for comments submitted on the proposed emergency generators and fire pumps.’’ Reconsideration to the Office of the amendments that gasoline storage tanks (See Docket No. EPA–HQ–OAR–2006– Administrator, U.S. EPA, Room 3000, that fuel fire pumps and emergency 0406, item 0152.1.) However, the Ariel Rios Building, 1200 Pennsylvania generators should not be covered by Alliance did not raise this concern in its Ave., NW., Washington, DC 20460, with subparts BBBBBB or CCCCCC. They January 8, 2007 comments that it a copy to both the person(s) listed in the stated that many of these pieces of submitted on that proposal (see Docket preceding FOR FURTHER INFORMATION equipment are fueled by gasoline No. EPA–HQ–OAR–2006–0406, item CONTACT section, and the Associate storage tanks holding less than 250 0094.1) and has not provided any other General Counsel for the Air and gallons. The Alliance acknowledged explanation in its petition for Radiation Law Office, Office of General that other gasoline storage tanks fueling reconsideration regarding why doing so Counsel (Mail Code 2344A), U.S. EPA, this equipment are above this 250-gallon was ‘‘impracticable.’’ Additionally, the 1200 Pennsylvania Ave., NW., level, but it asserts that the gasoline Alliance has not provided any argument Washington, DC 20460. storage tanks still have very low regarding why its concern ‘‘arose after monthly throughput. The Alliance also II. Background Information the public comment period but within stated that most emergency generator the period for filing petitions for judicial On January 10, 2008 (73 FR 1916), and fire pump gasoline storage tanks review.’’ Finally, the Alliance has EPA promulgated National Emission will have zero gallons per day offered no explanation as to why its Standards for Hazardous Air Pollutants throughput and are likely to be filled particular issue with this particular for Source Categories: Gasoline only once or twice per year after routine provision is of ‘‘central relevance to the Distribution Bulk Terminals, Bulk maintenance and testing. The Alliance rule.’’ Since the Alliance has not Plants, and Pipeline Facilities; and further stated that regulating this demonstrated how its request meets the Gasoline Dispensing Facilities (40 CFR equipment under subparts BBBBBB or requirements of CAA section part 63, subpart BBBBBB and 40 CFR CCCCCC could potentially cover 307(d)(7)(B), EPA is denying part 63, subpart CCCCCC) pursuant to thousands of emergency generator and reconsideration of this issue in its sections 112(c)(3) and 112(d)(5) of the fire pump gasoline storage tanks petition for reconsideration.1 CAA. On March 10, 2008, the nationwide at various types of facilities Furthermore, we disagree with the Administrator received two petitions for that may not otherwise have air Alliance that gasoline storage tanks that reconsideration of the final rules. One permitting requirements. Thus, in its petition was filed by the Alliance of petition for reconsideration, the 1 While EPA did grant reconsideration on the Automobile Manufacturers (Alliance) Alliance suggested that EPA entirely Alliance’s other issues in its petition for and the other by the American exempt these gasoline storage tanks reconsideration which also involved the definition of ‘‘bulk gasoline plant’’, EPA did so for completely Petroleum Institute (API) (Docket No. from regulation under either subpart independent reasons unrelated to this third issue. EPA–HQ–OAR–2006–0406, items 0174 BBBBBB or subpart CCCCCC. See 74 FR 66470, 66471.

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fuel emergency generators and fire or issues related to the implementation 4. We have revised the proposed pumps should not be regulated as part of the final rules. We are finalizing the amendments to entry 2 of Table 1 to 40 of the Gasoline Distribution area source proposed changes to the rules resulting CFR part 63, subpart BBBBBB, to category. This alleged issue is from these issues as described in section correctly specify that the secondary seal essentially just a request from the IV of this preamble. requirements from 40 CFR part 60, Alliance that EPA exempt from The amendments being promulgated subpart Kb (40 CFR 60.112b(a)(1)(ii)(B) regulation gasoline storage tanks fueling address both the petitions for and (a)(1)(iv) through (ix)) or 40 CFR emergency generators and fuel pumps. reconsideration and the additional part 63, subpart WW (40 CFR However, as we stated in the preamble questions from other stakeholders. Our 63.1063(a)(1)(i)(C) and (D)) do not apply to the proposed amendments (74 FR responses to the stakeholder questions to internal floating roof tanks that are 66474), the CAA requires that EPA set do not substantially change the level of subject only to subpart BBBBBB. Federal emission standards under CAA the standards but clarify some of the 5. In 40 CFR part 63, subpart section 112(d) for source categories requirements. These clarifications do BBBBBB, the following revisions have listed under CAA section 112(c)(3). The not change the impacts of the rules. been made to the definitions in 40 CFR list of source categories was developed 63.11100: Thus, the estimates of environmental, • based on an emission inventory. The cost, and information collection impacts We have revised the proposed emission inventory for GDF is based on are not substantially different than definition of ‘‘gasoline storage tank’’ to the total volume of gasoline consumed estimated at promulgation of these add an item (3) that specifically nationwide (including domestic rules, and no changes have been made excludes sumps, including butane production, plus imports and stock to the estimates presented in the final blending sample recovery tanks (SRT), changes from the previous year, minus rules. and oil/water separators, from the exports), the emission factor for gasoline definition of gasoline storage tank. loading losses, and the amount of III. Summary of Changes Since • We have also added a fourth item submerged and splash loading and Proposal in the definition of ‘‘gasoline storage tank’’ excluding ‘‘tanks or vessels vapor balancing in the industry. Total This section presents a brief summary permanently attached to mobile sources gasoline consumption is the total used of the significant changes that have been such as trucks, railcars, barges, or nationwide, so the emission inventory made in the final rule as a result of our includes emissions estimates for all end ships.’’ consideration of the public comments • users of gasoline, which includes We have amended the definition of on the proposed rule. Each of the items ‘‘pipeline pumping station’’ to read: ‘‘a gasoline used in these emergency listed below is discussed in detail in generators and fire pumps. See 74 FR facility along a pipeline containing section IV of this preamble. pumps to maintain the desired pressure 66470, 66474. Additionally, the types of 1. In the final rule, we have added a gasoline storage tanks identified by the and flow of product through the provision to paragraph (g) in 40 CFR pipeline and not containing gasoline Alliance are essentially the same as 63.11081 clarifying that ‘‘An enforceable those found at other GDF, except that storage tanks other than surge control State, local, or Tribal permit limitation tanks.’’ the average or typical size and gasoline on throughput, established prior to the throughput tend to be smaller than for 6. We have added a new paragraph (f) applicable compliance date, may be to 40 CFR 63.11113 of 40 CFR part 63, the gasoline storage tanks at a more used in lieu of the 20,000 gallons per typical GDF that refuel primarily motor subpart CCCCCC, stating that the day design capacity throughput vehicles. We considered both the size compliance date for existing GDF that threshold, to determine whether the and throughput of gasoline storage tanks only load gasoline into fuel tanks other facility is a bulk gasoline plant or a bulk at GDF in the selection of the control than those in motor vehicles, as defined terminal.’’ requirements in the current rule, so the in 40 CFR 63.11132, is January 24, 2014. 2. In the final rule, we have clarified types of controls, and the control levels Also, we have added text to paragraph in 40 CFR 63.11092(b)(1)(iii)(B)(1), that required, are appropriate for even the (e) of 40 CFR 63.11111 in the final rule the purpose of a heat sensing device smallest gasoline storage tanks. stating that the date of the start of used to monitor a thermal oxidizer is to recordkeeping for these existing GDF is 2. The API Petition ‘‘send,’’ rather than to ‘‘display’’ (as the date of publication of these final The API Petition for Reconsideration stated in the proposal), either a positive amendments. For new sources identified four issues regarding or a negative parameter value as a signal constructed, or for existing sources clarifications that they suggested should to indicate the presence or absence, reconstructed, after the date of be made to the final rules. We granted respectively, of the pilot flame. We also publication of these final amendments, reconsideration of all four issues and clarified that the analyzer for recordkeeping must begin upon startup addressed them in the preamble and the conducting monthly measurements of of the affected facility. rule text revisions that were included in the carbon outlet volatile organic 7. We have revised 40 CFR 63.11120 the proposed amendments. Additional compound (VOC) concentration (from a to include a new paragraph (d) that adds discussion of the final amendments to carbon bed) can be permanently a cross-reference to the vapor tightness the rules as a result of our mounted (i.e., it need not be portable as testing requirements found in 40 CFR reconsideration of the issues in the API was previously stated in the rule at 40 63.11092(f). The vapor tightness testing petition, and our rationale for the CFR 63.11092(b)(1)(i)(B)(1)(iii)). was not previously listed in 40 CFR amendments, is presented in section IV 3. We have added text to 40 CFR 63.11120. of this preamble. 63.11092(f) specifying that facilities that 8. We have added rule text in 40 CFR are subject to subpart XX of 40 CFR part 63.11124(a)(1) stating that GDF that are B. Other Stakeholder Issues 60 may elect, after notification to the now subject to the rule because they In addition to the petitions discussed subpart XX delegated authority, to only load gasoline into fuel tanks other above, the Alliance, API, and several comply with the annual certification than those in motor vehicles, as defined other stakeholders (affected facilities test for gasoline cargo tanks as specified in 40 CFR 63.11132, must submit Initial and State and local government in paragraphs (f)(1) and (f)(2) of this Notifications within 120 days of agencies) contacted EPA with questions section. publication of these final amendments.

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9. We have revised 40 CFR We received no comments specifically control emissions. The commenter 63.11124(a)(2) and (b)(2) to include a addressing the proposed revision to the noted that, in addition to applying good requirement that facilities must state in definition of ‘‘bulk gasoline plants’’ and management practices, small GDF must their Notification of Compliance Status are finalizing the definition as proposed. also be able to produce records to prove the facility is under 10,000 gpm (NOCS) report whether the facilities’ 2. Definition of Gasoline Dispensing throughput. The commenter asserted gasoline throughput is determined Facility based on the volume of gasoline loaded that it is not reasonable to believe that into all gasoline storage tanks, or on the We proposed amending the definition the majority of these small GDF will volume of gasoline dispensed from all of ‘‘gasoline dispensing facility’’ in 40 keep these gasoline throughput records, gasoline storage tanks. We have also CFR part 63, subpart CCCCCC to clarify nor that EPA or the delegated State specifically included the 60-day time our intent to include all stationary agencies will be able to assure frame for the submittal of the NOCS in facilities that dispense gasoline into the compliance with the recordkeeping 40 CFR 63.11124(a)(2). fuel tanks of all end users of gasoline. requirements. Further, the commenter The proposed definition is: ‘‘Gasoline 10. We have corrected a typographical suggested that some facilities may dispensing facility (GDF) means any error in proposed 40 CFR 63.11125(c). exceed the 10,000 gpm throughput stationary facility which dispenses threshold levels when considering The citation included in the paragraph gasoline into the fuel tank of a motor ‘‘ fueling nonroad vehicles or nonroad should be to § 63.11094(b)(2)(i) through vehicle, motor vehicle engine, nonroad (viii)’’ rather than to ‘‘§ 63.11094(b)(i) engines. vehicle, or nonroad engine, including a A second commenter stated many of through (viii)’’ as it appeared in the nonroad vehicle or nonroad engine used the same concerns as the previous reconsideration proposal. solely for competition. These facilities commenter and also stated that, without 11. In 40 CFR part 63, subpart include, but are not limited to, facilities any objective research, the Agency CCCCCC, we have added the CAA that dispense gasoline into on- and off- concluded that the newly-affected definition of motor vehicles to the road, street, or highway motor vehicles, sources would all have throughputs less definitions found in 40 CFR 63.11132. lawn equipment, boats, test engines, than 10,000 gpm and therefore be IV. Summary of Comments and landscaping equipment, generators, subject to only 40 CFR 63.11116. The Responses pumps, and other gasoline-fueled commenter stated that some of their engines and equipment.’’ facilities would not fit into this Amendments to the gasoline Comment: One commenter presumed scenario; as a result, they distribution area source rules were recommends that, if EPA finalizes the would be given only a few months to proposed on December 15, 2009 (74 FR proposed definition of GDF, EPA extend install submerged fill pipes on all its 66470). The 60-day public comment the compliance date for facilities that storage tanks. period ended on February 16, 2010, and may now become affected facilities The commenter also stated that EPA we received 17 comment letters. under 40 CFR part 63, subpart CCCCCC. ignores the coincident impacts of a Comments were received from industry The commenter suggested that since source being regulated under the representatives, trade associations, State EPA will likely not issue the final NESHAP. For example, the commenter and local air pollution control agencies, amendments until just prior to the stated that they are covered by a New and private citizens. The final rule January 10, 2011, compliance date, Jersey Department of Environmental amendments reflect our consideration of many affected sources may be unaware Protection (NJDEP) General Air Permit. the significant comments received on that they are subject to subpart CCCCCC. The commenter explained that the the proposed action. This section The commenter requests that EPA NJDEP General Air Permit excludes presents a summary of the significant consider extending the compliance date coverage for any source that is covered comments received and our responses to for GDF that exceed the 10,000 gallons under 40 CFR part 63. As a result, the those comments. per month (gpm) throughput level commenter said that they will have to purely because they dispense gasoline apply for, pay the fees for, and obtain A. Applicability to end users other than motor vehicles. an individual permit. The commenter 1. Definition of Bulk Gasoline Plant The commenter asserted that these asserted that this will also work against facilities may not be able to install the the NJDEP’s focus on General Air We proposed revising the definition necessary control equipment prior to the Permits, which ensures environmental of ‘‘bulk gasoline plant’’ in subpart January 10, 2011, deadline, and should protection while freeing staff resources BBBBBB to clarify that gasoline from be provided additional time to comply for more worthwhile tasks. The these facilities is subsequently loaded with the submerged fill requirements. commenter stated that the rule should into gasoline cargo tanks for transport to The commenter stated that the be revised to read as follows: GDF. The proposed definition is as proposed new definition of GDF greatly ‘‘(c) If you have an existing affected follows: ‘‘Bulk gasoline plant means any expands the affected source category source that becomes subject to the gasoline storage and distribution facility beyond the ‘‘fuel tank of a motor control requirements in this subpart that receives gasoline by pipeline, ship vehicle’’ category in the current rule. after January 10, 2008, you must comply or barge, or cargo tank and subsequently The commenter stated that while many with the standards in this subpart no loads the gasoline into gasoline cargo of the additional affected sources may later than 3 years after the affected tanks for transport to gasoline fall under the 10,000 gpm throughput source becomes subject to the control dispensing facilities, and has a gasoline level, these facilities would still become requirements in this subpart.’’ throughput of less than 20,000 gallons affected facilities under the national Response: We continue to believe that per day. Gasoline throughput shall be emission standards for hazardous air the preamble to the January 10, 2008, the maximum calculated design pollutants (NESHAP). The commenter final rule was clear that, as discussed in throughput as may be limited by stated that State agencies accepting the proposal, all facilities that dispense compliance with an enforceable delegation of these NESHAP must be gasoline, both public and private, were condition under Federal, State, or local able to sufficiently implement and subject to the rule. However, we law and discoverable by the enforce the standards for all affected acknowledged that our intent may have Administrator and any other person.’’ facilities, not just facilities required to been misinterpreted by some readers

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because the January 10, 2008, final rule affected GDF (see 40 CFR unintended implications. The definition of GDF only referenced the 63.11132(f)(2)), whichever is later. commenters provided extensive dispensing of gasoline into the fuel tank Comment: One commenter suggested comments in support of their position of a ‘‘motor vehicle.’’ CAA section 216(2) that, to clarify that a single site may that the definition of ‘‘gasoline storage defines the term motor vehicle as ‘‘any contain multiple GDF, the following tank’’ should be exactly the same as is self-propelled vehicle designed for sentence be added at the end of the found in 40 CFR part 60, subpart Kb, transporting persons or property on a proposed definition of GDF: ‘‘Each i.e., that the definition should street or highway.’’ The combination of separate gasoline dispensing activity specifically exclude process tanks. The these two definitions results in a and associated gasoline storage tank or commenters stated that subpart Kb and definition of GDF that is more limited tanks shall be considered an individual other EPA regulations have than what we intended when GDF for the purposes of this rule.’’ distinguished between vessels that serve promulgating the final rule. Thus, we Response: Section 63.11111(h) of 40 a storage function and vessels that serve agree with the commenters that some CFR part 63, subpart CCCCCC, as a process function. The commenters facilities that are subject to 40 CFR part proposed, included the following stated that, by removing the process 63, subpart CCCCCC because they sentence: ‘‘If an area source has two or tank exclusion, the rule may dispense gasoline to end users other more GDF at separate locations within inadvertently bring underground sumps than those defined in the January 10, the area source, each GDF is treated as and oil/water separators into the rule. 2008, final rule, or specifically defined a separate affected source.’’ We believe The commenters further stated that in the CAA as motor vehicles, may not that this statement is appropriate to these vessels are not ‘‘storage’’ tanks. have considered themselves subject to resolve the commenter’s concern, that it The commenters explained that sumps the rule prior to the clarification of the is more specific, and that it is more that collect drained material such that it definition of GDF. This segment of the appropriate in the applicability section can be pumped to storage or otherwise GDF population includes those that rather than in the definition of a GDF. re-injected into the system, serve a dispense gasoline into the fuel tank of We are, therefore, not incorporating this process rather than a storage function. a nonroad vehicle, or nonroad engine, change into the definition of GDF as The commenters stated that a typical including a nonroad vehicle or nonroad requested by the commenter. sump has a capacity of approximately engine used solely for competition. It 3. Tanks With Infrequent Use 1,200 gallons, and is used to collect would also include facilities dispensing liquid from thermal relief valves, We proposed to amend item 1 of gasoline into lawn equipment, boats, sample collection activities, and Table 1 of 40 CFR part 63, subpart test engines, landscaping equipment, maintenance activities. The commenters BBBBBB by adding a subcategory that generators, pumps, and other gasoline- further stated that most sumps are specifies the control requirements for fueled engines and equipment. equipped with a pump that starts tanks that have a capacity of less than We recognize that the source category automatically as liquids accumulate, 151 cubic meters and a throughput of was more narrowly defined in the final and that the liquids are either pumped less than 480 gallons per day (gpd). We rule than we intended, so we are back into the pipeline or to a larger did not receive comments on this finalizing the proposed amendments to transmix tank and are not stored long- proposed amendment and have the definition of ‘‘gasoline dispensing term in the sump. The commenters included it in the final rule. facility’’ to correctly define the source stated that there is no way to install category. Because the sources described 4. Surge Control Tanks floating roofs on these vessels, and above were only clearly informed that We proposed to add a definition of installation of a pressure/vacuum (p/v) 40 CFR part 63, subpart CCCCCC was ‘‘surge control tanks’’ and to amend vent on these vessels could result in applicable to them as of the December Table 1 of 40 CFR part 63, subpart back pressure in the system which 15, 2009, proposal date, we agree that BBBBBB by adding an entry 3 that could cause vapors to go back into the these newly covered sources should be specifies control requirements for these loading system. The commenter also allowed additional time in which to tanks. We did not receive comments on stated that one particular type of sump, comply with the revised final rule. this proposed amendment and have a butane SRT, should not be considered In the final rule, we have added the included it in the final rule. a storage tank. The commenter CAA definition of ‘‘motor vehicles’’ in explained that, for terminals with 40 CFR 63.11132, and have also added 5. Definition of Gasoline Storage Tank butane blending, a SRT is part of the a new paragraph (f) to 40 CFR 63.11113 We proposed to amend 40 CFR part apparatus required by the applicable indicating the compliance dates for new 63, subpart BBBBBB to include the American Society for Testing and and existing GDF that only load gasoline following definition of ‘‘gasoline storage Materials (ASTM) test method for the into fuel tanks other than those in motor tank’’: ‘‘Gasoline storage tank or vessel routine automatic product sampling vehicles, as defined in 40 CFR 63.11132. means each tank, vessel, reservoir, or performed for the butane blending For existing GDF that are subject to the container used for the storage of process. The commenter stated that control requirements in this subpart gasoline, but does not include: (1) these small tanks (250- or 500-gallons only because they load gasoline into Frames, housing, auxiliary supports, or capacity) collect used samples of fuel tanks other than those in motor other components that are not directly gasoline. The commenter also stated vehicles, as defined in § 63.11132, the involved in the containment of gasoline that a floating roof would not be feasible compliance date is January 24, 2014. For or gasoline vapors; or (2) subsurface in such small tanks, and closing the new or reconstructed GDF that are caverns or porous rock reservoirs.’’ This tank with a pressure vent would subject to the control requirements in definition is based on the definition of interfere with the ASTM test method for this subpart only because they load ‘‘storage vessel’’ found in 40 CFR part 60, which the tank is installed. The gasoline into fuel tanks other than those subpart Kb without the exemption for commenter further stated that the ASTM in motor vehicles, as defined in 40 CFR ‘‘process tank.’’ test method requires the analysis to be 63.11132, the compliance date is either Comment: Commenters object to the performed at atmospheric pressure, and, the date of publication of these final proposed definition of ‘‘gasoline storage thus, the SRT is equipped with an open rules or the date of startup of the tank’’ and believe that it has potentially vent in order to prevent back pressure

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in the analyzer. The commenter ‘‘gasoline storage tank.’’ Since we have such as trucks, railcars, barges, or concluded by saying that a SRT is not excluded these tanks from the definition ships.’’ used for gasoline ‘‘storage,’’ but rather, it of ‘‘gasoline storage tank,’’ they are not Comment: Commenters stated that an collects material, for sampling purposes, subject to control requirements under unintended consequence of the within the butane blending process these rules. ‘‘gasoline storage tank’’ definition, as before the material is automatically As provided for under these rules, proposed, is that it could be transferred back into the system. whether any other types of tanks used misconstrued in a manner that would One commenter also provided at bulk facilities or GDF are subject to result in pipeline pumping stations supporting data regarding the cost and the requirements of these rules depends being deemed pipeline breakout emission reduction potential of on whether those tanks meet the stations. The commenters stated that if installing p/v vents on sumps and definition of ‘‘gasoline storage tank’’ in a surge control tank or an underground underground vessels. The commenter the rules (see 40 CFR 63.11100 of sump at a pipeline pumping station stated that the cost of installing a p/v subpart BBBBBB and 63.11132 of were construed as being a storage vessel, vent on an average sized sump would be subpart CCCCCC). For the gasoline then this facility would be rendered a approximately $15,000, the hazardous distribution area source category, the pipeline breakout station under the air pollutant (HAP) reductions would distinction between a ‘‘process tank’’ present definition of a pipeline only be about 6 pounds per year, and and any other type of tank is not pumping station. They pointed out that the cost-effectiveness, even if the p/v relevant for deciding whether the rules in the preamble for the final rule, EPA vent eliminated breathing losses are applicable. Instead, if a tank used at concluded that it is not necessary for entirely, would be over $1 million per a bulk facility or a GDF meets the pipeline pumping stations to submit ton of HAP controlled. definition of ‘‘gasoline storage tank,’’ it semi-annual reports for periods in The commenters requested that, if will be subject to the applicable which no deviation occurred. The EPA will not maintain the process tank requirements in the rule. If that tank commenters further stated that pipeline exemption, EPA add an exclusion under does not qualify as a ‘‘gasoline storage breakout stations, however, must submit ‘‘ ’’ the gasoline storage tank definition for tank,’’ it will not be regulated under semi-annual reports regardless of sumps, including butane blending SRT, these rules. Stakeholders that have whether any deviations occurred. The and oil/water separators. The questions about the applicability of commenters stated that misclassification commenters also stated that if EPA will these rules to particular tanks at their of pipeline pumping stations as pipeline not return the process tank exclusion to facilities may seek assistance from the breakout stations would impose a the ‘‘gasoline storage tank’’ definition, applicable EPA Regional Office or the significant burden on these facilities to EPA should specify a separate delegated State or local authorities (see submit reports that EPA has already compliance period for process tanks 40 CFR 63.11099 and 63.11131, as concluded are unnecessary. The (such as flow-through sumps that applicable). Additionally, EPA will commenters request that the rule be accumulate gasoline) and allow 3 years consider providing specific exclusions clarified to avoid a misclassification of from the date of publication of the final for specific tanks in the ‘‘gasoline pipeline pumping stations as pipeline amendments. storage tank’’ definition as is being done breakout stations. Response: Prior to receiving these today if such action seems appropriate. comments, we were not aware of the Comment: The commenters also Response: We agree with the issue related to sumps, including butane stated that the proposed definition of commenters that the definition of blending SRT, and oil/water separators. ‘‘gasoline storage tank’’ fails to ‘‘pipeline pumping stations’’ needs to be After reviewing these comments, we distinguish between gasoline storage clarified. It is not our intent that the agree that these particular types of tanks tanks located at the terminal and the presence of surge control tanks or sump should not be considered ‘‘gasoline tank trucks that are loaded at the tanks result in a pipeline pumping storage tanks’’ for the purposes of these terminal. They pointed out that 40 CFR station being required to submit semi- rules. Based on the information part 60, subpart Kb makes this annual reports for periods in which no provided by the commenters, we distinction by exempting ‘‘Vessels deviation occurs, as required for a concluded that these types of tanks are permanently attached to mobile vehicles pipeline breakout station. However, as not ‘‘gasoline storage tanks’’ and not part such as trucks, railcars, barges, or discussed earlier, we have excluded of the gasoline distribution source ships.’’ The commenters stated that a sump tanks from the definition of a category because the liquids that are similar clarification should be made in ‘‘gasoline storage tank,’’ so that is not an collected and stored in them do not 40 CFR part 63, subpart BBBBBB. issue with the definition of ‘‘pipeline meet the definition of ‘‘gasoline.’’ In Response: We considered the pumping station.’’ addition, information provided by the commenter’s position and agree that Additionally, as stated earlier, we did commenters indicates that emissions mobile tanks such as tank trucks that are not receive adverse comments on our from these types of tanks are low loaded at the terminal were not proposed control requirements for surge because they are located underground intended to be included in the ‘‘gasoline control tanks in Table 1 of 40 CFR part and it is not cost-effective to enclose storage tank’’ definition as proposed. 63, subpart BBBBBB by adding an entry and control emissions by installing p/v Such mobile tanks serve a different 3 (not item 2, as the commenter stated) vent valves. We agree that sumps, purpose than stationary gasoline storage that applies to pipeline breakout including butane blending SRT, and oil/ tanks, and the applicable emission stations and pipeline pumping stations water separators are likely not cost- control technologies are also different. (see title of § 63.11087). Thus, we are effective to control based on the We did not anticipate that there would amending the definition of ‘‘pipeline information provided by the be any confusion caused by the lack of pumping station’’ in this final rule to commenters. In the final rule, we have a specific exclusion for mobile tanks mean ‘‘a facility along a pipeline revised the definition of ‘‘gasoline from the definition of gasoline storage containing pumps to maintain the storage tank’’ to add an item (3) that tanks. We are, however, adding a fourth desired pressure and flow of product specifically excludes sumps, including item in the definition of ‘‘gasoline through the pipeline and not containing butane blending SRT, and oil/water storage tank’’ excluding ‘‘tanks or vessels gasoline storage tanks other than surge separators from the definition of permanently attached to mobile sources control tanks.’’

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6. Aviation Gasoline at Airports and only gasoline storage tanks with of gasoline from the gasoline cargo tank Marine Tank Vessel Loading at Bulk gasoline throughput of 10,000 gallons or into the GDF’s fixed storage tanks is Facilities more per month would be required to subject to requirements under subpart We proposed to specifically exclude submit them. Also, as with any other CCCCCC. In the final rule we are the loading of aviation gasoline into emission source at a facility, once the requiring that the management practices storage tanks at airports and the loading temporary or contractor gasoline storage required under 40 CFR 63.11116 must of gasoline into marine tank vessels at tank is removed from the facility, the be met during all steps in the gasoline bulk facilities from 40 CFR part 63, owner’s or operator’s obligation to keep distribution process. In other words, the records regarding that gasoline storage intermediate operations (see 40 CFR subpart BBBBBB and 40 CFR part 63, tank would also end. The commenter 63.11111(j)) of loading a portable subpart CCCCCC. We did not receive did not address directly our proposed gasoline tank at a GDF, delivering the comments on this proposed exclusion position that the owner or operator of a gasoline via the portable gasoline tank, and have included it in the final rules. facility is ultimately responsible for and dispensing the gasoline from the 7. Temporary/Contractor Tanks ensuring that all emission sources at the portable gasoline tank into gasoline- We did not propose changes to the facility comply with the requirements of fueled engines or pieces of equipment rule to address a question of how 40 any applicable standards. Nor did any (the end-use fuel tank) at the GDF, are CFR part 63, subpart CCCCCC applies to other commenters submit comments all part of the gasoline distribution temporary or contractor gasoline storage opposed to our stated position. process. These intermediate operations are subject to the 40 CFR 63.11116 tanks. We asked for comment on the 8. Coverage of Tanks Used To Fuel management practices (minimize spills following rationale for not making any Vehicles and To Fill Cargo Tanks for and evaporation). There are no changes: ‘‘It appears it is the On-Site Fuel Redistribution notifications or reporting required under responsibility of the owner or operator We proposed adding text to each 40 CFR 63.11116; thus, the only of the affected facility to ensure that all subpart to clarify how the two subparts requirement applicable to these emission sources at the facility comply would be applied to gasoline storage intermediate operations is to utilize the with the requirements of any applicable tanks that are used to fuel vehicles, but management practices. standards. It seems owners or operators that may also be used to dispense Comment: One commenter requested could consider this responsibility when gasoline into portable tanks or cargo that EPA clarify that gasoline loaded negotiating contracts with third parties tanks, as follows: into portable gasoline tanks does not and address it in the contracts for the • Add a paragraph (h) to 40 CFR need to be included in the monthly specific work being done. Thus, the 63.11081 of subpart BBBBBB to read as throughput calculation, assuming you requirements in the General Provisions follows: ‘‘Storage tanks that are used to are calculating the monthly throughput will likely adequately address the load gasoline into a cargo tank for the by considering the gasoline loaded into stakeholder’s concern.’’ on-site redistribution of gasoline to (rather than dispensed from) all fixed Comment: One commenter expressed another storage tank are subject to this gasoline storage tanks at the GDF. The concern with the approach EPA has subpart.’’ commenter explained that, with this taken regarding temporary/contractor • Add a paragraph (j) to 40 CFR clarification, monthly throughput gasoline storage tanks. The commenter’s 63.11111 of subpart CCCCCC to read as calculated using the gasoline loaded concern is that the approach could follows: ‘‘The dispensing of gasoline into the fixed gasoline storage tank and create very burdensome paperwork from a fixed gasoline storage tank at a the portable gasoline storage tank would demands for temporary gasoline storage GDF into a portable gasoline tank for the not be double-counted. tanks due to the initial notifications and on-site delivery and subsequent Response: As discussed in the other potential requirements, such as dispensing of the gasoline into the fuel proposal preamble (74 FR 66478), recordkeeping and compliance tank of a motor vehicle or other monthly gasoline throughput may be certifications, under 40 CFR part 63, gasoline-fueled engine or equipment measured as either the volume of subpart CCCCCC. The commenter also used within the area source is subject to gasoline going into the gasoline storage asked whether a facility would be § 63.11116 of this subpart.’’ tanks at a GDF or, alternatively, the required to submit a notification to EPA Comment: One commenter noted that volume of gasoline coming out of the when the temporary gasoline storage the proposed definition of GDF requires gasoline storage tanks. In most tank is removed from the facility. The that the facility be stationary. The instances, we expect that measurement commenter suggested that EPA clarify commenter stated that the paragraph (j) of the volume of gasoline going into the that any applicable recordkeeping added to 40 CFR 63.11111 of subpart gasoline storage tanks is most requirements for temporary or CCCCCC, however, contradicts this appropriate because gasoline storage contractor gasoline storage tanks be definition and appears to impose tank loadings tend to be done much less terminated when the gasoline storage requirements on portable gasoline tanks often, and involve much greater tank is removed from the site. used for subsequent dispensing. The quantities at one time, whereas the Response: We have not made any commenter asked that EPA clarify that dispensing of the gasoline usually changes in the final rule as a result of portable gasoline tanks are not subject to occurs in frequent, but low volumes. these comments. A gasoline storage tank the requirements in 40 CFR 63.11116 The commenter is correct that gasoline temporarily located at a facility should based on the proposed language in 40 loaded into portable gasoline tanks does be treated the same as any other CFR 63.11111(j). The commenter stated not need to be included in the monthly gasoline storage tank at the facility in that the requirements should only apply throughput calculation if you are that routine notifications to the to the gasoline dispensing from the calculating the monthly throughput by delegated permitting agency would be fixed gasoline storage tank at the GDF. considering the gasoline loaded into needed when the gasoline storage tank Response: While we agree with the (rather than dispensed from) all fixed becomes subject to the standard or is commenter that a GDF is a stationary gasoline storage tanks at the GDF. removed from the facility. We do not source, there are certain steps that take However, in cases where a facility is consider these notifications to be overly place at the GDF that involve mobile measuring throughput based on the burdensome, especially considering that equipment. For example, the off-loading volume pumped out of the GDF, the

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loading of a portable tank from the standards applicable to the portable appropriately regulated under 40 CFR GDF’s fixed gasoline storage tank would gasoline tanks involved in the gasoline part 63, subpart VVVVVV, and should count as throughput, but the subsequent redistribution operations at the area be exempted from 40 CFR part 63, off-loading from the portable tank source are the management practices in subpart BBBBBB, and from 40 CFR part would not. Regardless of which 40 CFR 63.11116. 63, subpart CCCCCC. The commenter measurement alternative a facility Comment: One commenter does not stated that, by requiring facilities to chooses to use, however, the gasoline agree with the proposed revision to 40 make a case-by-case comparison of each throughput to be used in determining CFR 63.11081(h) for facilities that condition in different Federal standards, the applicable control requirements for primarily operate as GDF, but the proposed amendments will only any GDF is the volume measured for the infrequently may need to redistribute serve to make the regulations more fixed gasoline storage tanks at the entire small amounts of gasoline between difficult for affected facilities to comply GDF. different gasoline storage tanks located with, and for State agencies to Comment: One commenter stated that within the same site. The commenter implement and enforce. new paragraph (j) of 40 CFR 63.11111 stated that GDF that incidentally and Another commenter stated that it is its requires additional explanation. The infrequently redistribute gasoline on- understanding that a given NESHAP is commenter stated that it is unclear what site should only be regulated as GDF a set of requirements that work in requirements apply to a fixed gasoline under 40 CFR part 63, subpart CCCCCC. unison to create a system to ensure storage tank that dispenses gasoline into Response: Our intent for proposing sources are properly identified, both portable gasoline tanks (for further the revision to 40 CFR 63.11081(h) was controlled, and monitored to ensure distribution at the area source) and to ensure that facilities that use a larger sufficient environmental protections. directly into the fuel tanks of the end central gasoline storage tank to act as a The commenter stated that the system users of gasoline such that it has a total feeder tank for smaller gasoline storage will fail to be cohesive when individual monthly throughput that equals or tanks that are located on the same site components of separate NESHAP are exceeds 10,000 gallons. The commenter were subject to the standards for bulk combined. The commenter claims that asked: ‘‘[I]f the transfer to a portable gasoline plants. We specified in the new this approach is haphazard and source is only subject to 40 CFR paragraph 40 CFR 63.11081(h) that the dissociative. The commenter believes 63.11116, is the transfer to fuel tanks of provision applied to gasoline storage that this case-by-case comparison end users based upon the monthly tanks that load gasoline into a cargo method of addressing duplicative throughput to those end users or to the tank. To minimize emissions, the emission standards is without entire throughput from the GDF?’’ loading of a gasoline cargo tank should precedent, serves only to create Response: As explained in the only be performed using submerged confusion, and is almost guaranteed to previous response, monthly throughput filling. Thus, we disagree with the lead to conflict over which part of is determined either by accounting for commenter that a facility that loads different rules are the most stringent. all gasoline going into or coming out of gasoline into a cargo tank for The commenter claims that this is a the fixed gasoline storage tanks at the redistribution on-site should be unique approach to duplicative rules. GDF. The monthly throughput for the regulated as a GDF, even if such an The commenter stated that, under the fixed gasoline storage tanks at a GDF operation only occurs infrequently. maximum achievable control determines the applicable control Also, the commenter did not explain technology standards (MACT) rules, a requirements for those fixed gasoline why such activities occur, how source is explicitly exempt from storage tanks. For GDF that choose to frequently they occur, what type of duplicate standards if the source is measure monthly throughput based on vessel is used for the redistribution, or already covered. The commenter further the total amount of gasoline dispensed what volumes of gasoline are typical of stated that the same should be applied from the fixed gasoline storage tanks at these activities. We continue to believe to the area source NESHAP. The the GDF, it does not matter whether the that the addition of new paragraph 40 commenter requested that EPA specify gasoline is pumped into portable tanks CFR 63.11081(h) provides more clarity the hierarchy of NESHAP applicability or into the fuel tanks of the end users to the rules. However, we acknowledge for a given classification of sources so of the gasoline. The amount dispensed that it is possible that no matter how the that one, and only one, NESHAP in both situations would be included in final rules are worded, there may be standard applies to a source or process calculating the monthly throughout for situations where the applicability of the within a source. that GDF. In the commenter’s example, rules will need to be resolved on a case- Response: We disagree with the if a fixed gasoline storage tank dispenses by-case basis with the delegated commenter’s assertions regarding the gasoline into both portable gasoline permitting authority. proposed provisions. Each source has an tanks (for further distribution at the area obligation to comply with all applicable source) and directly into the fuel tanks 9. Applicability to Sources That Are Federal requirements. However, to the of the end users of gasoline, such that Subject to and Complying With 40 CFR extent that a source is subject to the GDF has a total monthly throughput Part 63, Subpart VVVVVV multiple requirements, that source may that equals or exceeds 10,000 gallons, We proposed amending 40 CFR part elect, under either 40 CFR 63.11081(i) or the fixed gasoline storage tank would be 63, subpart BBBBBB and 40 CFR part 40 CFR 63.11111(k), to comply only subject to either the submerged fill 63, subpart CCCCCC to specify that, if with the more stringent provisions in requirements of 40 CFR 63.11117 or the an affected source under either of these the applicable subparts. These elective vapor balance requirements of 40 CFR subparts is also subject to another provisions do not relieve a source of its 63.11118, depending on the total Federal rule like 40 CFR part 63, subpart legal obligation to be in compliance monthly throughput of the GDF. VVVVVV, the owner or operator may with all applicable requirements, but As a result of questions by this and elect to comply only with the more the provisions do allow a facility to other commenters regarding the stringent provisions of the applicable identify and comply with only one set applicability of standards to the loading subparts. of requirements (i.e., the most stringent of portable gasoline tanks, we have Comment: One commenter stated that requirements in the overlapping rules). clarified the proposed text of 40 CFR gasoline used as a feedstock at a The provisions themselves are optional; 63.11111(j) to state clearly that the only chemical manufacturing facility is those facilities that find them too

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complex or burdensome may choose not gasoline plant standards rather than the could limit the drop-out option to those to use them and instead comply with all bulk gasoline terminal standards. In the GDF that do not exceed a throughput applicable subparts. Therefore, we are final rule, we have added a provision to threshold more than a fixed number of finalizing 40 CFR 63.11081(i) of subpart paragraph (g) in 40 CFR 63.11081 times within a set period. The BBBBBB, and 40 CFR 63.11111(i) of clarifying that ‘‘An enforceable State, commenter stated that once a GDF subpart CCCCCC, as proposed. local, or Tribal permit limitation on exceeds the applicable throughput throughput, established prior to the threshold more than the minimum B. Throughput Thresholds applicable compliance date, may be allowable occurrences, the NESHAP 1. Once Over a Throughput Threshold used in lieu of the 20,000 gpd design regulations could then become We proposed adding provisions to 40 capacity throughput threshold to permanent as EPA is proposing to do CFR part 63, subpart BBBBBB and 40 determine whether the facility is a bulk after only a single occurrence. CFR part 63, subpart CCCCCC, clarifying gasoline plant or a bulk gasoline One commenter also states that, as terminal.’’ our intent that once an affected source’s with GDF, if EPA allows actual Comment: Commenters do not throughput exceeds an applicable throughput volumes to determine the support the ‘‘once in/always in’’ (OIAI) throughput threshold in either subpart, 20,000 gpd threshold for bulk gasoline provisions. The commenters disagree plants as they recommend, additional the affected source will remain subject that the ongoing compliance costs for a to the requirements for sources above language is needed to prevent GDF with a monthly throughput that permanent regulation of a facility if it the threshold, even if the affected exceeds, and subsequently falls below, source’s throughput later falls below the exceeds the threshold due to a one-time 100,000 gallons, are ‘‘minor components event. The commenter stated that EPA applicable throughput threshold. of the total cost of control.’’ Commenters Comment: One commenter stated that, should allow these facilities to exceed stated that the rules would require that the 20,000 gpd threshold on a minimum based on EPA’s current definition for sources continue to comply with the ‘‘bulk gasoline terminal,’’ gasoline number of days over a defined period of vapor balance testing and reporting time before imposing permanent throughput may be limited by requirements, and subsequently the compliance with an enforceable regulatory jurisdiction over the facility. associated maintenance and Response: Several commenters condition under State law. The recordkeeping, rather than just the commenter further stated that many provide additional justifications as to submerged fill and work practice why they disagree with our intent to existing bulk gasoline plants have actual standards set forth in 40 CFR 63.11117 throughputs far below the 20,000 gpd require a GDF to continue to comply and 40 CFR 63.11116, respectively. The with the vapor balance requirements of threshold, but may not have taken a commenters also stated that EPA ignores permit limit or other enforceable the rule, even when its gasoline the fact that the costs of compliance are throughput decreases below the condition prior to January 10, 2008, to often greater for the administrative limit throughput. The commenter noted applicable threshold. Some commenters burden than for the physical have referenced EPA’s 1995 OIAI policy that State agencies should have the requirements. Therefore, according to discretion, prior to the January 10, 2011, as part of their justification for changing the commenters, if EPA reduced the rule this proposed requirement and compliance date, to issue permits or requirements coincident with gasoline regulations limiting the throughput of indicated that it should not apply in this use reductions, it would lower rule. We agree that the OIAI policy does affected sources that can demonstrate compliance costs while maintaining the that actual throughput never exceeded not apply to area sources; therefore, it is environmental benefit. not relevant to this rule. The OIAI 20,000 gpd. The commenter stated that One of the commenters noted that the this is consistent with what EPA has policy is intended to address situations OIAI requirement does not encourage a where a major source becomes an area allowed for other NESHAP. The site to reduce its gasoline usage which source, which is not the case in commenter recommends that EPA would be a win-win situation for all question.2 Thus, the OIAI policy is not modify proposed paragraph 40 CFR environmental impacts. The commenter relied upon for the applicable 63.11081(f) by adding the italicized text, believes that EPA’s 1995 OIAI policy provisions in these rules. as follows: (f) If your affected source’s applies to major sources subject to Another commenter indicated that the throughput ever exceeds an applicable MACT standards, and would not apply OIAI policy ‘‘does not encourage throughput threshold in the definition to this area source regulation. of ‘‘bulk gasoline terminal,’’ or in item 1 Several of the commenters suggested reduction of gasoline usage which in Table 2 to this subpart on or after the that, if a GDF can demonstrate that its would be a win-win situation for all ’’ applicable compliance date, the affected monthly throughput has dropped below environmental impacts. First, as stated source will remain subject to the a throughput threshold and maintained above, the OIAI policy does not apply requirements for sources above the that level for a set period of time here. Second, we disagree with the threshold, even if the affected source (commenters suggested 1 year to 3 commenter’s position regarding this throughput later falls below the years), the GDF should be allowed to provision’s impact on gasoline usage applicable throughput threshold. begin complying with the requirements since gasoline throughput is a function Response: We considered the for the lesser throughput threshold. One of consumer demand, and we have commenter’s recommendation and agree commenter recommended that, if a already considered seasonal fluctuations that it is reasonable to allow bulk facility’s GDF falls below the 100,000 in the applicable definitions. In other gasoline distribution facilities to gpm threshold, it should have the words, we do not agree that requiring a establish enforceable permit limitations option to determine how and when it GDF to maintain a particular level of on throughput prior to the applicable will maintain and test its vapor balance control is what will determine the compliance date. Such throughput system rather than following the gasoline throughput at that particular limitations would allow a facility whose prescriptive rules. One commenter GDF; instead, it is the consumer design capacity is above the 20,000 gpd stated that EPA should allow GDF to ‘‘ ’’ 2 Specifically, the policy provides that major bulk terminal threshold, but whose drop out of NESHAP requirements sources can become area sources up until the first actual throughput is always below the once applicable throughput thresholds substantive compliance date of the major source threshold, to be subject to the bulk are no longer being met, and that EPA MACT standard.

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demand for gasoline from that GDF that might do so again at some point in the 11 months, and then dividing that sum will dictate its gasoline throughput. near future. Thus, in addition to the by 12.’’ Additionally, a GDF has the option of environmental gain in requiring the One commenter further stated that establishing an enforceable gasoline continued use of controls, there is a determining throughput categories throughput limit in its applicable permit practical economic incentive to based on calendar year data would be if that GDF wants to maintain a certain maintaining the equipment.’’ (74 FR much easier, and in the worst case, maximum level of gasoline throughput 66478) Finally, as also stated in the would result in a delay in determining below the threshold level such that the proposed amendments, requiring vapor the applicability of a particular GDF is subject to less stringent control balance systems to remain operational at requirement to a given facility of 1 year. requirements in the rule. GDF ‘‘will continue to achieve The commenter stated that, given that Several additional commenters raised substantial emissions reductions, even if facilities whose throughput increases to concerns with the compliance costs of the facility’s throughput decreases a level that requires greater controls are complying with the more stringent below the applicable thresholds.’’ (74 FR given 3 years to comply, a modest delay requirements, i.e., vapor balance system 66478) in how soon this throughput increase is rather than submerged fill. However, as Based on the above, we have decided detected does not seem that significant. stated in the proposed amendments (74 against allowing a facility to drop One commenter suggested the FR 66478), ‘‘neither of these control controls when gasoline throughput falls calculation be simplified by allowing a technologies requires significant below an applicable threshold as it will facility to use the calendar year annual ongoing operating costs[; rather,] the not result in a significant reduction in throughput divided by 12 to calculate primary control costs that the facility compliance costs and it will not have an monthly throughput. This commenter would incur would be for the initial overall benefit to the environment. We believes this would simplify the calculation significantly for these installation [of the equipment].’’ The are therefore finalizing these provisions facilities and will maintain the benefit ongoing operating costs (e.g., inspection as proposed. and maintenance of controls plus of eliminating seasonal variations. The monitoring, recordkeeping, and 2. Monthly Throughput Definition commenter stated that many GDF that submit calendar year annual reporting costs) associated with running We proposed revising the definition throughputs to the county, obtain those either a submerged fill system or a vapor of monthly throughput in 40 CFR part numbers directly from their suppliers balance system are reasonable for GDF 63, subpart CCCCCC, to remove the based on annual gasoline purchased for based on the low costs for these items. phrase ‘‘rolling 30-day average’’ in the the calendar year. For vapor balance systems, these costs final rule, as well as adding a include inspection and maintenance of Response: We continue to believe that clarification on how it is calculated. We the proposed procedure for calculating the system (about $180 per year 3), the also proposed adding text to allow periodic pressure testing (estimated to throughput at a GDF is appropriate and throughput to be based on the volume have finalized that procedure in the cost about $700 and is required once of gasoline dispensed by a GDF. every three years, or about $230 per final rule. As we stated in the preamble Comment: Commenters believe that to the proposal (74 CFR 66478), this was year) and other monitoring, reporting, the definition of ‘‘monthly throughput’’ and recordkeeping requirements (about the method used to analyze the and the requirement in 40 CFR environmental and cost-effectiveness $575 per year). For submerged fill 63.11111(e) to demonstrate/document systems these costs would be similar calculations for the throughput throughput, when taken in conjunction thresholds. We believe that this (inspection and maintenance costs are with the proposed amendments to the procedure is the best way to avoid the estimated to be about $100 per year, definition of GDF, will impose impacts of seasonal variations in plus similar monitoring, reporting, and additional and unnecessary throughput calculations because it is recordkeeping costs of about $340) recordkeeping requirements for based on data that cover an entire year. except that there is no vapor pressure facilities. One of the commenters stated For example, facilities that have a required. In other words, the annualized that the requirement that affected significant spike in throughput in the costs of running the vapor balance sources calculate their throughput every summer months are able to lower that system are estimated to be only $310 day will be a large new administrative spike by including the throughput ($80 plus $230) per year higher than the burden on newly-covered sources with during fall and winter in the costs of running a submerged fill absolutely no environmental benefit. calculation. In other situations, system. Therefore, we disagree that the The commenter stated that EPA’s throughput may peak in the fall and costs of complying with the vapor proposal will require them to dedicate winter months, and be low in the balance system requirements should be resources to calculate gasoline summer. a reason for allowing facilities that cross throughput for each day of the year, and As one commenter pointed out, the applicable threshold level to instead claims this is an unreasonable basing the calculation on the calendar continue complying with the submerged administrative burden, and that EPA year period would result in facilities fill requirements. Instead, as we stated should revise the proposal to read as determining their throughput and the ‘‘ previously (74 FR 66478), it would follows: ‘‘Monthly throughput means the applicable control requirement, only most likely be more trouble and expense total volume of gasoline that is loaded once per year. We do not consider this to discontinue the use of [either of] the into, or dispensed from, all gasoline to be appropriate nor that it represents controls and to properly remove the storage tanks at each GDF during a our intent that facilities achieve ’’ equipment than to continue their use. calendar month. Monthly throughput is continuous compliance with the ‘‘ Also, it would be reasonable to assume calculated by summing the volume of standards. that if a facility once crossed an gasoline loaded into, or dispensed from, The throughput calculation procedure applicable throughput threshold, it all gasoline storage tanks at each GDF is simple and will not require facilities during the current month, plus the total to expend significant extra resources. It 3 ‘‘Gasoline Distribution Area Source Control Cost seems reasonable to expect that nearly Estimates’’ October 3, 2006, prepared for the volume of gasoline loaded into, or November 9, 2009 proposed rule. Docket item EPA– dispensed from, all gasoline storage all GDF facilities already keep a record HQ–OAR–2006–0406–0063. tanks at each GDF during the previous of each cargo tank delivery of gasoline

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to the facility. For those days when no alternative methods for calculating their heavier compliance burden. The deliveries are made, the facility would monthly throughput. commenter believes that permanently merely enter a ‘‘zero’’ in their records. In Response: We have not made any regulating small bulk gasoline plants addition, the rule does not require that changes to the definition based on this that otherwise have small daily gasoline the actual calculation of throughput be comment. The commenter did not offer throughput as if they were a large performed every day. For example, a any recommendations regarding ‘‘gasoline terminal,’’ based solely on facility that receives a delivery of alternative methods that could be used maximum design capacity, and not gasoline once per week could update or any reasons why alternative methods actual throughput, serves no regulatory the running volume of gasoline would be beneficial. We believe that by purpose. The commenter urges EPA to delivered, and perform the throughput offering facilities the choice of adopt language that would base calculation only on those days when a calculating throughput based on the threshold calculations on actual delivery is made. For each intervening volume of gasoline delivered to the throughputs averaged over 365 days. day when no deliveries are received, the facility, or on the volume of gasoline The commenter also recommends that calculated monthly throughput would dispensed from the facility, we have EPA allow these facilities to exceed the always be equal to or less than that provided sufficient flexibility. Also, 20,000 gpd threshold on a minimum calculated on the day of the last requiring all affected facilities to use number of days over a defined period of delivery. For the reasons described one of these two approaches for time before imposing permanent above, we have concluded that the calculating their throughput will regulatory jurisdiction over the facility. procedure for calculating monthly simplify the implementation and Response: The threshold for throughput is appropriate. enforcement of the rule. distinguishing whether a distribution Comment: One commenter fully Comment: One commenter stated that facility is a bulk gasoline plant or a bulk ‘‘ ’’ supports the proposed method of the definition of monthly throughput gasoline terminal for the purpose of calculating monthly throughput for GDF in 40 CFR 63.11132 gives a choice for these rules is the same as the threshold and believes that it is a more equitable calculating monthly throughput as in 40 CFR part 63, subpart R (the major either the total volume of gasoline that method to determine GDF monthly source Gasoline Distribution NESHAP), is loaded into all gasoline storage tanks, threshold throughputs. However, with and 40 CFR part 60, subpart XX (the or the total volume of gasoline that is regard to daily throughput calculations New Source Performance Standards dispensed from all gasoline storage for bulk gasoline plants, the commenter (NSPS) for Bulk Gasoline Terminals). tanks. The commenter stated that noted that EPA is proposing new These rules were published as final clarification is needed that, if one language in 40 CFR 63.11081 that rules on December 14, 1994, and August method is chosen over the other, the specifically prohibits averaging to 18, 1983, respectively. Therefore, we source must then stay with that choice determine actual throughput thresholds. have been using this methodology since of calculating monthly throughput for Instead, according to the commenter, August of 1983, and are concerned that the duration of existence of the GDF for the NESHAP require the 20,000 gpd clarity, simplicity, and enforcement threshold to be based on the maximum changes made at this point would be purposes, or recommended that one of calculated design throughput for any confusing to many stakeholders. In the choices be taken out of the rule. single day. The commenter believes, as addition, we do not want to create a Response: We agree with the with GDF, the maximum daily situation where some facilities could commenter that facilities subject to 40 throughput for bulk gasoline plants fall between the definition of a bulk CFR part 63, subpart CCCCCC should be should be based on actual daily terminal and the definition of a bulk required to document whether they throughputs averaged over a 365-day plant (i.e., a gap in coverage). Thus, we have chosen to calculate monthly period. The commenter stated that disagree with the commenter that the throughput based on gasoline volume determining the 20,000 gpd threshold definition should now be changed to loaded into all storage tanks or gasoline based on maximum calculated design use a different method for calculating volume dispensed from all storage throughput is too broad of a standard to throughput. It is also important to note tanks. We have revised 40 CFR be a reliable determinant for that the definition of a bulk gasoline 63.11124(a)(2) and (b)(2) to include a applicability of the NESHAP plant provides that facilities may limit requirement that facilities must state in requirements. The commenter further their throughput by compliance with an their NOCS report the basis they will stated that maximum daily design enforceable condition under Federal, use to calculate monthly throughput. throughputs can range significantly State, or local law. Thus, a facility The second sentence in each of these depending on factors that have nothing whose maximum calculated design paragraphs now reads: ‘‘The NOCS must to do with actual throughput, or even throughput is above the 20,000 gpd be signed by a responsible official who the size of the tank. The commenter threshold may still be considered a bulk must certify its accuracy, must indicate urges the EPA to adopt language that gasoline plant if the actual throughput whether the source has complied with allows the 20,000 gpd throughput is limited to less than 20,000 gpd by an the requirements of this subpart, and calculation for bulk gasoline plants to be enforceable condition of a permit. must indicate whether the facilities’ based on the actual daily throughput 3. Start of Throughput Records monthly throughput is calculated based averaged over 365 days. The commenter on the volume of gasoline loaded into stated that this language is essential We proposed in both 40 CFR part 63, all storage tanks or on the volume of because the actual daily throughput at subpart BBBBBB and 40 CFR part 63, gasoline dispensed from all storage bulk gasoline plants is far less than the subpart CCCCCC that existing sources tanks.’’ 20,000 gpd threshold under the rule. begin keeping records and calculating Comment: One commenter The commenter is concerned that throughput as of January 10, 2008 (the recommends that EPA add a sentence to calculation of throughput based on date of promulgation of the final rules). the proposed new definition for maximum daily design capacity rather For new sources constructed, or for ‘‘monthly throughput’’ in 40 CFR part than actual throughput could bump existing sources reconstructed after 63, subpart CCCCCC, stating that the bulk plants up to ‘‘gasoline terminal’’ November 9, 2006, we proposed that Administrator may allow GDF with less status under the rule, a regulatory recordkeeping must begin upon startup than 10,000 gpm throughput to use change that would impose a much of the affected facility.

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Comment: Commenters stated their sources constructed, or for existing or electronic record of the start and end concerns with the EPA’s proposed dates sources reconstructed, after January 24, of a shutdown event may be used.’’ for compliance with recordkeeping 2011, recordkeeping must begin upon Comment: Commenters supported requirements. One of the commenters startup of the affected facility. EPA’s clarification that records of stated that EPA has proposed to clarify As to the second comment on shutdown events may be either manual (in 40 CFR 63.11111(e)) that changing the start of recordkeeping for or electronic. The commenters stated, recordkeeping of monthly throughput existing sources from the date of the however, that detailed requirements for should have begun when the original final rule (January 10, 2008) to one year the record of a shutdown event are rule was adopted (January 10, 2008), but prior to the final compliance date of specified in 40 CFR that this will not be possible for sites January 10, 2011, we continue to believe 63.11092(b)(1)(i)(B)(2)(v) and that become newly subject to the rule as that it is reasonable to expect facilities (b)(1)(iii)(B)(2)(v), and, thus, the phrase a result of this rulemaking. The to begin keeping throughput records as ‘‘start and end of a’’ is unnecessary and commenters recommended adding the soon as they become subject to the rules, potentially confusing. The commenters following language to 40 CFR and that records for 3 years of operation request that this phrase be deleted such 63.11111(e): ‘‘If an existing source are better than records for only 1 year. that the sentence reads as follows: ‘‘A becomes subject to this subpart after Thus, owners or operators of all existing manual or electronic record of the January 10, 2008, recordkeeping must affected sources that did not begin shutdown event may be used.’’ begin on the date that it becomes subject keeping records as of January 10, 2008, Response: In previous comments on to this subpart.’’ because they did not consider this paragraph, the commenters One of the commenters stated that themselves subject to the rules, should suggested that either manual or they support the proposed clarification begin keeping records as of the date of electronic records of shutdown events on how to calculate the monthly these final revisions to the rules should be allowed. We agreed with the throughput, but noted that requiring (January 24, 2011). All other existing commenter that the intent of the throughput records back to January 10, sources should keep records of provision was to generate a record of 2008, could cause a GDF that has not throughput as of January 10, 2008. As such events, not to specify the exact been tracking monthly throughput since mentioned above, new sources must form in which the record was generated. January 10, 2008, to be out of begin keeping throughout records upon Thus, the revision that we proposed compliance. The commenter stated that start-up. We have clarified these would allow for the manual recording of the compliance date for existing sources requirements in the final rule at 40 CFR a shutdown event as an alternative to an for 40 CFR part 63, subpart CCCCCC is 63.11111(e). electronic record. We disagree with the January 10, 2011, and, while they agree commenter, however, that the record of with EPA’s logic that ‘‘it is in the best 4. Multiple Tanks at Multiple Locations a shutdown event should not include interest of the facility to be aware as at Affected Sources both the time that the event began and early as possible what control We proposed to add a new paragraph requirements must be met,’’ there are the time that the unit was restarted after (h) in 40 CFR 63.11111 of 40 CFR part the event ended. It is important that the many GDF facilities with a monthly 63, subpart CCCCCC to clarify that a throughput significantly less than beginning and ending times, and, thus, single area source may have multiple the duration of such an event, be 10,000 gallons for which control is not GDF. We received no comments on the required. The commenter stated that recorded. We consider the requirements proposed new paragraph and have in the paragraph to be clear and these facilities should not be considered incorporated it into the final rule. out of compliance if throughput records reasonable, and to meet the were not retained beginning on January C. Rule Clarifications commenter’s original desire that manual 10, 2008. The commenter proposes that records be allowed. We have finalized 1. Recordkeeping for Continuous the text of this paragraph as proposed. documentation of the monthly Compliance Monitoring throughput for existing sources begins 2. Submerged Fill Drop Tube on January 10, 2010. The commenter The final rule language for alternative Measurements and Alternatives stated that, based on the proposed monitoring of control devices, in 40 CFR definition of monthly throughput, using 63.11092(b)(1)(i)(B)(2)(ii) and One stakeholder questioned how to a start date of January 10, 2010, would (b)(1)(iii)(B)(2)(ii) of subpart BBBBBB, measure the distance of the fill pipe provide sufficient data to determine inadvertently included the emergency from the bottom of the gasoline storage which threshold applies. shutdown system among the equipment tank when the end of the fill pipe is cut Response: As discussed in an earlier to be checked on a daily basis. The at a 45 degree angle. In the preamble to response, we agree with the commenters proposed amendments clarified that the the proposed rule, we explained that the that some facilities that are subject to 40 emergency shutdown system, which is measurement of the distance of the fill CFR part 63, subpart CCCCCC, because not part of the emissions control system, pipe from the bottom of the gasoline they dispense gasoline to end users is not subject to the rule, but that the storage tank should be made at the point other than motor vehicles, may not have system is to be checked semi-annually. in the opening of the pipe that is the considered themselves subject to the We received no comments on this greatest distance from the bottom of the rule prior to the clarification of the amendment and have finalized the gasoline storage tank. We did not definition of GDF. In the final rule (40 amendment, as proposed. receive any comments on this approach. CFR 63.11113(f)), we have clarified the We also proposed revising the We proposed, in both subparts, to compliance dates for GDF that only load verification sentences in 40 CFR allow existing gasoline storage tanks to gasoline into fuel tanks other than those 63.11092(b)(1)(i)(B)(2)(ii) and have fill pipes that are further from the in motor vehicles, as defined in 40 CFR (b)(1)(iii)(B)(2)(ii) of 40 CFR part 63, bottom of the gasoline storage tank than 63.11132. Thus we are also adding text subpart BBBBBB to read as follows: specified in 40 CFR 63.11086(a) and 40 to paragraph (e) of 40 CFR 63.11111 in ‘‘Verification shall be through visual CFR 63.11117(b) if the owner can the final rule stating that the date of the observation, or through an automated demonstrate that at all times the level of start of recordkeeping for those existing alarm or shutdown system that monitors the liquid in the gasoline storage tank is GDF is January 24, 2011. For those new and records system operation. A manual above the entire opening of the fill pipe,

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provided adequate recordkeeping is should make such a demonstration, but BBBBBB was to provide that all vapor performed, and records are maintained. merely provided them the alternative to processors required in Table 2 item 1(b) Comment: Commenters expressed do so. Thus, it is the responsibility of for gasoline loading rack(s) at a bulk concerns related to the proposed the owner or operator to document to gasoline terminal with gasoline amendment to 40 CFR 63.11086. The the inspector’s satisfaction that the throughput of 250,000 gpd, or greater, commenters stated that it is not clear liquid level in the gasoline storage tank must have continuous compliance what kinds of records will be required, prior to each loading is sufficient to monitoring under 40 CFR 63.11092(b). and it will be difficult for field cover the fill pipe. Basically, the owner We proposed to clarify 40 CFR 63.11092 inspectors to ensure compliance. One of or operator will have the dimensions of by restructuring paragraphs (b) and the commenters questioned whether the gasoline storage tank and the depth (b)(1) as follows: (1) Revised 40 CFR daily delivery and dispensing records of the drop tube, and, from that 63.11092(b) becomes the introductory would be sufficient, or if an information, can calculate the amount of language that requires all affected instantaneous accounting of gasoline gasoline that must remain in the tank to facilities to monitor vapor processors; storage tank level would be required. always keep the end of the fill pipe and (2) revised paragraph 40 CFR One commenter stated that it would submerged. Thus, the owner or operator 63.11092(b)(1) lists the specific require a great deal of work for an must keep records of those calculations monitoring requirements for: (a) Carbon inspector to determine that the level had and of the amount of gasoline that is adsorption systems (40 CFR actually NEVER fallen below the always maintained in the gasoline 63.11092(b)(1)(i)); (b) condenser systems acceptable level between inspections, storage tank prior to refilling the (40 CFR 63.11092(b)(1)(ii)); and (c) and, in reality, the records would gasoline storage tank. thermal oxidation systems (40 CFR probably never be checked. The Comment: One commenter asked if 63.11092(b)(1)(iii)). Section commenter believes that the effort of ‘‘portable’’ fill tubes are forbidden by the 63.11092(b)(1)(iv) remains the same and reviewing the proper records would be rule. The commenter stated that they contains the alternative monitoring much more complicated than installing have some facilities with smaller provisions. the properly cut fill pipe. gasoline storage tanks (typically <2,000 We also proposed clarifying our intent One commenter stated that, to ensure gallons), particularly aboveground regarding the monitoring for the compliance, inspectors would have to gasoline storage tanks, that use portable presence of a pilot flame by adding a review daily gasoline storage tank level fill tubes when filling the gasoline sentence to 40 CFR data for months or years. The storage tanks, as allowed by their local 63.11092(b)(1)(iii)(B)(1), which reads as commenter further stated that, given the regulations for GDF, and asks that this follows: ‘‘The monitor shall show a lack of specificity in the proposal as to be addressed in the rule. positive parameter value to indicate that how the necessary records must be kept The same commenter also stated that the pilot flame is on, or a negative by the facility, there could be significant they have facilities that have fill tube parameter value to indicate that the recordkeeping differences, and diffusers installed at the bottom of the pilot flame is off.’’ extremely large data review would be fill tubes which prevent the Comment: Commenters stated that, required to determine compliance. The measurement of tube depth from the under the proposed amendments, EPA commenter then stated that to have to bottom of the gasoline storage tank. The would require a continuous monitoring review months of this type of data could commenter questioned how they should system (CMS) for any performance test be quite time-consuming for the verify on-going compliance of these option chosen under 40 CFR inspector. The commenter stated that facilities with the depth requirements. 63.11092(a). The commenters stated that most State regulations that have been in The commenter recommended the rule this would extend CMS requirements to place for years just specify a depth for specifically state how on-going a population of control devices that had the drop tube, such as the 6-inch or 12- compliance with the depth requirement not been previously understood to be inch length, and this has not presented is verified. subject to those requirements. The significant difficulty for tank owner Response: The rule does not specify commenters noted that the original rule compliance. Two of the commenters that fill pipes must be permanently promulgated in January 2008, stated that recommended that EPA modify the installed. Therefore, the types of a CMS was only required for regulations to require a specific length portable fill pipes mentioned by the performance tests under 40 CFR for the drop tube. commenter are not forbidden by the 63.11092(a)(1), and excluded those Response: The proposed amendment rule. With regard to the commenter’s addressed under 40 CFR 63.11092(a)(2) to 40 CFR 63.11086 provides an question about fill pipes that have and (a)(3). The commenters stated that alternative to meeting the applicable 6- diffusers installed, we can only in EPA’s proposed rule, 40 CFR or 12-inch requirement for submerged recommend that the inspector work 63.11092(b) and (b)(1) have been fill pipes, and should not be chosen by with the owner or operator of the rewritten from the original rule, and the the owner or operator if they cannot gasoline storage tank to obtain sufficient result is that CMS would now be maintain proper documentation because information on the design of the diffuser required for all facilities covered under it is, or becomes, too burdensome. We so that the actual measurement of the 40 CFR 63.11092(b)(1) through (5). The proposed, and have finalized, this fill pipe can be adjusted to account for commenter expressed concern that this alternative for owners or operators in the diffuser. The commenter, a county new language could be interpreted as cases where they ‘‘can demonstrate that enforcement agency representative, did requiring the installation of an add-on the liquid level in the gasoline storage not state how they currently account for monitoring device where one was not tank is always above the entire opening the diffusers when performing previously understood to be needed. of the fill pipe.’’ We also specified that inspections of facilities within the The commenter stated that this could ‘‘documentation providing such county. result in a significant investment of demonstration must be made available resources. for inspection by the Administrator’s 3. Continuous Compliance Monitoring Additionally, the commenters stated delegated representative during the of All Vapor Processors that, as contained in 40 CFR course of a site visit.’’ We did not We proposed clarifications that the 63.11092(b)(4) and (b)(5), the proposed specify how the owner or operator intent in 40 CFR part 63, subpart rule adds an ‘Administrator Approval’

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step that had not previously been The January 10, 2008, final rule did not of a thermal oxidation system pilot required for sources employing 40 CFR exempt anyone from the continuous flame shall be monitored using a heat- 63.11092(a)(2) or 40 CFR 63.11092(a)(3) monitoring requirements. Thus, it is not sensing device, such as an ultraviolet in lieu of 40 CFR 63.11092(a)(1). The clear how the commenters came to their beam sensor or a thermocouple, commenters stated that this change conclusion that some facilities did not installed in proximity of the pilot light would add an approval step to a have to comply with the continuous to indicate the presence of a flame. The population of control devices that were monitoring requirements. However, heat-sensing device shall send a positive not previously deemed subject to this given that there was confusion, and parameter value to indicate that the requirement, and that the time given that the commenters are trade pilot flame is on, or a negative remaining prior to the compliance date organizations that represent the majority parameter value to indicate that the for the rule is insufficient to develop, of bulk gasoline terminals, we agreed pilot flame is off.’’ gain approval of, and implement a CMS that clarifications were needed. We Response: We considered the plan. proposed such clarifications and are clarification recommended by the Finally, the commenters stated that, finalizing them in this rulemaking. commenters and agree that the purpose given that this change in guidance has The commenter also mentioned of the heat sensing device is to send the effect of extending the CMS Administrator approval as a new either a positive or a negative parameter requirement to a population of control requirement. As explained above, it has value as a signal to indicate the devices that were previously understood always been our intent that vapor presence or absence of the pilot flame. to not be subject to this requirement, processors must have continuous Thus, it is the action of sending the and the fact that there had not been fair monitoring and must comply with all of appropriate signal to the loading system notice of this change, EPA should the associated requirements. The that is significant, not the actual extend the compliance period for approval of the CMS monitoring plan by ‘‘displaying’’ of the positive or negative implementing CMS at facilities that, in the Administrator (or the delegated parameter value. In the final rule, we lieu of conducting a new initial authority) is not a new requirement but have incorporated the clarification into performance test, utilize the provisions was always a part of the process of 40 CFR 63.11092(b)(1)(iii)(B)(1), as of 40 CFR 63.11092(a)(2) or 40 CFR implementing the continuous recommended by the commenters. 63.11092(a)(3). The commenters stated monitoring provisions. In other words, 4. Secondary Rim Seal Requirements that EPA should allow 3 years from the the requirement for obtaining Specified Under 40 CFR Part 63, date of publication of the final Administrator approval was included in Subpart WW amendments for implementation of the final rule and was not newly CMS for these facilities. proposed in the proposed amendments We proposed clarifying in item 2(d) in Response: The General Provisions (73 FR 1936–1938). Table 1 to 40 CFR part 63, subpart defines CMS as ‘‘a comprehensive term CAA section 112(i)(3)(B) provides that BBBBBB, that the same rim seal that may include, but is not limited to, EPA, or the delegated State or local requirements are intended regardless of continuous emission monitoring authority, may grant an existing source whether the owner/operator opts to systems, continuous opacity monitoring a 1-year extension for compliance with comply with 40 CFR part 60, subpart systems, continuous parameter an emission standard if such time is Kb, or 40 CFR part 63, subpart WW. In monitoring systems, or other manual or needed to install controls for meeting either case, the secondary seal automatic monitoring that is used for the standard. However, because the requirements are meant to not apply to demonstrating compliance with an continuous monitoring requirements internal floating-roof tanks that are applicable regulation on a continuous that we have clarified in these subject only to 40 CFR part 63, subpart basis as defined by the regulation.’’ amendments are not emission BBBBBB. Thus, a CMS is not necessarily an add- standards, we are not extending the Comment: Commenters stated that on emissions monitor, but may be any compliance date for these continuous they appreciate EPA’s intended type of manual or automatic monitoring monitoring requirements. clarification, but stated that EPA’s that shows that the pollution controls Comment: Commenters support EPA’s attempt to make the necessary are operating properly on a continuous clarification that monitoring the pilot corrections in Table 1 failed to properly basis. For example, a heat-sensing flame on a thermal oxidation system do so. The commenters provided edits device installed in proximity to the pilot meets the requirements for a CMS, with to the proposed Table 1 revisions that light of a flare to indicate the presence the presence of the pilot flame they claim will clearly specify that the of a flame would be a CMS because it constituting the monitored operating secondary seal requirements from 40 would show whether or not the flare parameter. The commenters request, CFR part 60, subpart Kb (40 CFR was operational.4 however, a clarification in the rule 60.112b(a)(1)(ii)(B) and (a)(1)(iv) As stated in the preamble to the language. The commenters stated that through (ix)), or 40 CFR part 63, subpart proposed amendments (74 FR 66481), it the requirement is for the monitoring WW (40 CFR 63.1063(a)(1)(i)(C) and (D)) was our intent that all vapor processors system to ‘‘automatically prevent do not apply to internal floating roof required under item 1(b) of Table 2 to gasoline loading operations from tanks that are subject only to 40 CFR 40 CFR part 63, subpart BBBBBB for beginning at any time that the pilot part 63, subpart BBBBBB. gasoline loading rack(s) at a bulk flame is absent.’’ Thus, according to the Response: We reviewed the gasoline terminal with gasoline commenters, the requirement is for the commenter’s recommended edits to the throughput of 250,000 gpd, or greater, heat-sensing device to send a signal (or proposed Table 1 revisions and agree must have continuous compliance refrain from sending a signal) to allow that the edits are appropriate. In the monitoring under 40 CFR 63.11092(b). loading to commence, rather than to proposal, we inadvertently referred to visually display the parameter value the secondary seal requirements from 40 4 It is our understanding that all control devices (i.e., on or off). The commenters CFR part 63, subpart WW in the same include process monitors such as these to assist the recommended that this clarification Table 1 entry as the requirements from owner/operator in the proper operation of the device. Thus, these CMS are not likely to be might be achieved by the following edits 40 CFR part 60, subpart Kb. Our intent significantly different than what would be used in to the rule language: 40 CFR was to discuss subpart Kb and subpart the absence of these standards. 63.11092(b)(1)(iii)(B)(1), ‘‘The presence WW in separate Table 1 entries. Thus,

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we have revised the text of items 2.(b) Response: We agree with the 63.11124(a)(2) and (b)(2) to be and 2.(d) in Table 1 to 40 CFR part 63, commenter that those GDF that would consistent with the 60-day time frame subpart BBBBBB to read as follows: be considered ‘‘newly-subject’’ affected specified in 40 CFR 63.9(h) for submittal ‘‘(b) Equip each internal floating roof sources as a result of revisions to the of the NOCS for GDF. In each paragraph, gasoline storage tank according to the subparts should have adequate time to the revised text would read as follows: requirements in § 60.112b(a)(1) of this submit new or revised Initial ‘‘You must submit a Notification of chapter, except for the secondary seal Notifications. We have included in the Compliance Status to the applicable requirements under final rule provisions that specify that EPA Regional Office and the delegated § 60.112b(a)(1)(ii)(B) and the sources that have become affected State authority, as specified in § 63.13, requirements in § 60.112b(a)(1)(iv) sources as a result of the revisions to the in accordance with the schedule through (ix) of this chapter;’’ subpart have 120 days in which to specified in § 63.9(h).’’ ‘‘(d) Equip and operate each internal submit the Initial Notification. Comment: One commenter stated that, and external floating roof gasoline For GDF, in the final rule we have because there are no initial performance storage tank according to the applicable clarified the compliance dates for GDF tests or compliance demonstrations for requirements in § 63.1063(a)(1) and (b), that only load gasoline into fuel tanks owners and operators subject to the except for the secondary seal other than those in motor vehicles, as control requirements in 40 CFR requirements under § 63.1063(a)(1)(i)(C) defined in 40 CFR 63.11132. We have 63.11117 (submerged fill), it is unclear and (D), and equip each external also added rule text in 40 CFR when the NOCS is due for these sources. floating roof gasoline storage tank 63.11124 5 stating that GDF that only The commenter stated that if it is EPA’s according to the requirements of load gasoline into fuel tanks other than intent for sources subject to the control § 63.1063(a)(2) if such storage tank does those in motor vehicles, as defined in 40 requirements in 40 CFR 63.11117 to not currently meet the requirements of CFR 63.11132, must submit Initial submit their NOCS within 60 days of § 63.1063(a)(1).’’ Notifications 6 by May 24, 2011. Those the compliance date, this should be sources include GDF that dispense expressly stated in the rule. 5. Monitoring of Submerged Fill gasoline into portable tanks or to end Response: We agree with the Loading Racks users other than motor vehicles, as recommendation made by the We proposed a clarification that the defined in 40 CFR 63.11132, and that commenter, and have included the 60- testing and monitoring provisions of 40 may not have considered themselves day timeframe for the submittal of the CFR 63.11092 in subpart BBBBBB do subject to the rule prior to the NOCS in 40 CFR 63.11124(a)(2), which not apply to bulk gasoline terminals clarification of the definition of GDF. now reads: ‘‘You must submit a with throughputs below the threshold Notification of Compliance Status to the 7. Notification of Compliance Status value of 250,000 gpd. We received no applicable EPA Regional office and the (NOCS) comments related to the proposed delegated State authority, as specified in clarification and have incorporated it In the January 10, 2008, final rule (40 § 63.13, within 60 days of the applicable into the final rule. CFR part 63, subpart CCCCCC), 40 CFR compliance date specified in § 63.11113, 63.11124(a)(2) and (b)(2) stated that the 6. Initial Notifications unless you meet the requirements in NOCS be submitted by the compliance paragraph (a)(3) of this section.’’ We did not propose revisions to the date specified in 40 CFR 63.11113. Initial Notification requirements, but we However, Table 3 indicates that the 8. Storage Tank Inspections did solicit comment on whether the NOCS should be submitted according to We received several questions from provisions, as written, including those the schedule specified in 40 CFR stakeholders regarding the specific in the General Provisions, are sufficient 63.9(h), which states that the NOCS is requirements for gasoline storage tank for accommodating all facilities who due 60 days following the compliance inspections under 40 CFR part 63, find it necessary to submit a revised demonstration. Stakeholders pointed subpart BBBBBB. However, we Notification or a new Notification as a out this inconsistency, and we proposed proposed to leave the gasoline storage result of amendments to the rule. revising the rule text in 40 CFR tank inspection requirements Comment: One commenter restated unchanged from the January 10, 2008, that EPA should clarify how newly- 5 40 CFR 63.11124(a)(1) applies to GDF with final rule. We received no comments subject sites should proceed with monthly throughput of 10,000 gallons of gasoline or related to this proposal, and have not submitting Initial Notifications. The more, and 40 CFR 63.11124(b)(1) applies to GDF with monthly throughput of 100,000 gallons of revised the gasoline storage tank commenter stated that, in the preamble, gasoline or more. As specified in 40 CFR inspection requirements. EPA states that newly-subject sites 63.11116(b), GDF with monthly throughput of less would have 120 days after the source than 10,000 gallons of gasoline are not required to 9. General Provisions Applicability becomes subject to the relevant standard submit notifications or reports, but must have We proposed to revise certain entries records available within 24 hours of a request by to submit the Initial Notification in the Administrator to document gasoline in Table 3 to 40 CFR part 63, subpart accordance with 40 CFR 63.9(b)(2). The throughput. BBBBBB, and Table 3 to 40 CFR part 63, commenter stated that 40 CFR 6 These notifications must include the following subpart CCCCCC, to eliminate 63.11124(a)(1) does not reference 40 information: The name and address of the owner or requirements related to startup, operator; the address (i.e., physical location) of the CFR 63.9(b)(2), however, and that affected source; an identification of the relevant shutdown, and malfunction (SSM) confuses the subject. They suggested standard, or other requirement, that is the basis of plans, which are not required under edits to 40 CFR 63.11124(a)(1) that the notification, and the source’s compliance date; these subparts. We proposed that in the would revise the first sentence to read: a brief description of the nature, size, design, and ‘‘applicability’’ column in Table 3 for ‘‘ method of operation of the source and an You must submit an Initial Notification identification of the types of emission points within each subpart, the entries for 40 CFR that you are subject to this subpart by the affected source subject to the relevant standard 63.7(e)(1), 63.8(c), and 63.10(b)(2)(i) May 9, 2008, or within 120 calendar and types of hazardous air pollutants emitted; and through (iv) be changed from ‘‘yes’’ to days after you become subject to a statement of whether the affected source is a ‘‘no.’’ Since proposal, we have identified major source or an area source. Notifications must § 63.11117, whichever is later, unless be submitted to the Administrator, the appropriate certain other provisions listed in Table you meet the requirements in paragraph Regional office, and the State, as specified in 40 3 to each subpart that are related to the (a)(3) of this section.’’ CFR 63.9. now vacated SSM provisions (Sierra

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Club v. EPA, 551 F 1019 (DC Cir., 2008), requirements. The commenter have revised the text of 40 CFR part 63, cert. denied, 130 S. Ct. 1735 (U.S. suggested, however, that EPA revise subpart CCCCCC accordingly. 2010)), and that warrant revision. Table 3 to clarify the Agency’s intent Comment: Commenters believe that Specifically, in the final rule, we have that facilities with gasoline throughput all sources should be subject to testing revised Table 3 to subpart BBBBBB to less than 10,000 gallons are not required requirements under 40 CFR part 63, specify that the following provisions do to submit any notifications or reports. subpart CCCCCC to ensure the not apply: 40 CFR 63.6(e)(1)(i) and (ii), The commenter stated that, as written, equipment is functioning properly, and 63.7(e)(1), 63.8(c)(1)(i) and (iii), Table 3 appears to require such facilities meeting compliance and manufacturer 63.10(b)(2)(i), (ii), (iv) and (v). We have to submit some notifications (such as specifications to insure equitable revised Table 3 to subpart CCCCCC to compliance certifications under 40 CFR treatment. One commenter notes that 40 specify that the following provisions do 63.9(h)). The commenter suggested that CFR 63.11120 states: ‘‘The second not apply: 40 CFR 63.6(e)(1)(i) and (ii), EPA include a statement in Table 3 that option (compliance under 63.7(e)(1), 63.8(c)(1)(i) and (iii), the requirements of 40 CFR part 63, § 63.11118(b)(2)) does not require the 63.10(b)(2)(i), (ii), (iv) and (v). We also subpart A do not apply to facilities only periodic testing in § 63.11120(a), but added language to both subparts subject to 40 CFR 63.11116. periodic testing may be required under BBBBBB and CCCCCC specifying that Response: We disagree with the State, local, or Tribal rule or permits.’’ owners or operators have a general duty commenter’s suggestion that Table 3 be The commenter believes this is a to minimize emissions and provisions revised to specifically note each problem as many GDF located in rural for recordkeeping and reporting of requirement that does not apply to GDF areas most likely not affected by existing periods of malfunctions of process that are subject only to the management State rules will be subject to expensive equipment, or air pollution control and practices in 40 CFR 63.11116. We have, testing requirements, while those monitoring equipment. however, revised the text in 40 CFR regulated in the urban areas and having As stated earlier, in the proposed 63.11116(b) to state that ‘‘you are not the most impact on sensitive amendments we proposed to change the required to submit notifications or populations may not be subject to ‘‘yes’’ to a ‘‘no’’ in the ‘‘applicability’’ reports as specified in § 63.11125, testing requirements, depending upon column of Table 3 in both subparts § 63.11126, or subpart A of this part.’’ State, local, or Tribal rule. The BBBBBB and CCCCCC for the following This text appears sufficient to exclude commenter stated that they feel the time provisions: 40 CFR 63.8(c)(1)(ii) and applicable sources from the General period for all sources to eventually 63.10(b)(2)(iii). We proposed these Provision requirements to submit become subject to testing requirements changes because we received comments notifications or reports. as ‘‘new’’ will produce an inequity from stakeholders that these provisions among the industry that may not make 10. Compliance Testing for GDF relate to SSM plans, which are not regulatory nor economic sense. The required under these rules. After further In the December 15, 2009, proposal, other commenter stated that it is the reviewing these provisions, we found we presented the results of our analysis older systems that are more prone to that these particular provisions are not of whether Bay Area Air Quality leakage because they lack many of the SSM-related; rather, these provisions Management District Source Test leak prevention features, such as address CMS equipment and Procedure ST–30, a test method for adaptors, that will not leak when maintenance of air pollution control and static pressure testing of a vapor balance loosened or over-tightened, as required monitoring equipment, respectively. system, could be accepted as an for the newer systems, yet they may Therefore, for subpart BBBBBB, we are alternative to the California Air never be tested. The commenter stated not making the proposed changes but Resources Board (CARB) 201.3 that if periodic testing is needed for instead will finalize Table 3 in subpart procedure required under 40 CFR newer systems to verify the BBBBBB to indicate a ‘‘yes’’ for the 63.11120(a)(2) of 40 CFR part 63, effectiveness of the vapor recovery applicability of these provisions. subpart CCCCCC. We found that the system, then it most surely is also Subpart CCCCCC does not have any original version of Bay Area ST–30 did needed for the older systems. The CMS requirements, so we will finalize not include procedures for testing the commenter noted that the components the ‘‘no’’ for 63.8(c)(1)(ii) and a ‘‘yes’’ for integrity of p/v valves installed on the that most often leak vapors from storage 63.10(b)(2)(iii) for the applicability of gasoline storage tanks, and, therefore, systems, such as the vapor adaptors, these provisions in Table 3 to subpart would not be an acceptable alternative spill containment manhole drain valves, CCCCCC. to CARB 201.3. However, we also found and p/v vent valves, are readily We also proposed amending the entry that the Bay Area Air Quality accessible from grade, and do not for 40 CFR 63.5 (submittal of Management District amended Bay Area require excavation to be repaired or construction/reconstruction ST–30 on December 21, 1994, to add the replaced. The commenter stated that notifications) in Table 3 to 40 CFR part p/v valve and p/v valve connections as keeping older systems vapor tight 63, subpart CCCCCC to state that the components of the system during the should be no more of a chore than requirements of 40 CFR 63.5 do not testing, and that CARB subsequently keeping the newer systems vapor tight. apply to facilities that are only subject issued a letter of equivalency stating Response: We did not propose any to 40 CFR 63.11116. The only control that Bay Area ST–30 was equivalent to change to the periodic testing requirements that these facilities are CARB 201.3. We proposed that Bay Area requirements for GDF in the December subject to are the Management Practices ST–30, as amended on December 21, 15, 2009, proposal, nor have we made specified in 40 CFR 63.11116; therefore, 1994, be considered to meet the any change in the final rule. Many the submittal of notifications is not requirements of subpart CCCCCC. facilities that are complying with State, necessary. We did not receive any We did not receive any comments local, or Tribal rules or permits, and comments on this proposed regarding our analysis of Bay Area ST– have chosen to comply with the amendment, and are finalizing the 30, or our proposal that it be allowed as compliance option under 40 CFR amendment as proposed. an alternative to CARB 201.3. Therefore, 63.11118(b)(2), will be required under Comment: One commenter supports in the final rule, we have incorporated the State, local, or Tribal rule or permit most of the revisions that EPA proposed Bay Area ST–30 by reference as an to perform some combination of relative to the General Provision allowable alternative test method, and periodic inspection and testing of the

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vapor balance systems. We do not want as applicable in the final rule. We The commenters stated that the item in to interfere with, or create unnecessary believe the commenter missed the point the affected source was ‘‘gasoline storage duplication of, the operation of these that the rule requires new sources and tanks,’’ but, through what EPA is State, local, or Tribal programs. existing sources that have to install a proposing, it has effectively become Additionally, over time, all will perform new vapor balance system to test that ‘‘tanks storing or processing gasoline or this testing because reconstructed GDF system at the time of installation. We any mixture that contains any amount of or new GDF starting up on or after continue to believe that is appropriate. gasoline.’’ The commenters pointed out January 10, 2008, will be subject to the that on page A–27 of EPA’s document, 11. Gasoline, Denatured Ethanol, and periodic testing under this rule. Documentation for Developing the Transmix Comment: We proposed adding a new Initial Source Category List-Final paragraph (e) to 40 CFR 63.11113 in 40 Several commenters submitted Report, EPA–450/3–91–030, July 1992, CFR part 63, subpart CCCCCC to specify comments regarding the relationship EPA clearly defines the Gasoline that new sources (installed after between the proposed definition of Distribution source category. They November 9, 2006) must test within 180 gasoline and the proposal that emissions further stated that EPA has not provided days after startup, and existing sources from the storage of denatured ethanol adequate notice and comment must conduct all performance tests and transmix be subject to the (including a cost- effectiveness within 180 days after the compliance standards. demonstration) justifying the expansion date (if installed on or before December Comments Related to the Definition of of this source category. The commenters 15, 2009), or upon installation of the Gasoline also stated that EPA repeatedly complete system (if installed after dismisses the third criterion of the December 15, 2009). We proposed this We proposed adding the definition of ‘‘gasoline’’ definition. The commenters new paragraph because the dates by gasoline to these subparts even though stated that, specifically, ethanol is not a which periodic tests should be the NSPS is cross-referenced in the ‘‘fuel for internal combustion engines.’’ conducted were not explicitly stated in definitions of 40 CFR part 63, subparts The commenters further stated that the January 10, 2008, final rule. One BBBBBB and 40 CFR part 63, subpart ethanol (even when denatured) cannot commenter believes that setting the CCCCCC. The proposed definition is as be directly consumed in an internal compliance date for existing facilities follows: ‘‘Gasoline means any petroleum combustion engine without true based on the December 15, 2009, date of distillate or petroleum distillate/alcohol gasoline to facilitate its combustion, and EPA’s proposed amendments adds an blend having a Reid vapor pressure of that these emission sources were not additional level of confusion and 27.6 kilopascals or greater, which is included among the emission sources complexity for affected GDF, and for used as a fuel for internal combustion for which the determination of a need delegated State agencies implementing engines.’’ We received no negative for a gasoline distribution area source and enforcing these regulations. The comments on incorporation of this rule were based, nor were they included commenter believes the performance definition, so the final rules include this in the evaluation of control measures for testing deadline for existing facilities definition. this rule. The commenters stated that should be consistent with the NESHAP Comments Related to Denatured Ethanol the inclusion of denatured ethanol in General Provisions, and with other the definition of gasoline will create NESHAP regulations. The commenter We stated in the preamble the significant regulatory burdens with little recommends that EPA revise the following (74 FR 66485): ‘‘[W]e are to no benefit for reducing the release of proposed amendments for 40 CFR proposing that any gasoline mixture HAP to the environment. One 63.11113(e)(2) to the following: with alcohol should be considered commenter also provided data ‘‘(2) For an existing affected source, gasoline, and be controlled under the supporting their claim that the proposed the initial compliance test must be current control requirements in subpart control of denatured ethanol tanks is not conducted no later than 180 days after BBBBBB and CCCCCC. We are asking cost-effective. the applicable compliance date for comment on including any mixture, The commenters further stated that if specified in paragraphs (b) or (c) of this on whether this level of control is EPA does extend the applicability of section.’’ appropriate, and if not, we are this rule to tanks storing denatured Response: The January 10, 2008, final requesting data on what level of control ethanol, then the required control rule and the December 15, 2009, of those emissions is appropriate.’’ We measure should be the same as specified proposed amendments contain a proposed that such mixtures should be in the proposed item 3 to Table 1 for requirement that facilities must test controlled the same as gasoline and surge control tanks, in that the their vapor balance systems ‘‘at the time asked for comment. requirements of Table 1, item 2 would of installation.’’ As explained in the Comment: Commenters stated that not be warranted for the de minimis preamble to the proposal (74 FR 66484, denatured ethanol does not meet the level of HAP involved. The commenters third column), the best time to perform definition of gasoline, and that it is not also stated that EPA should specify a the initial test of these systems is when appropriate to regulate denatured separate compliance period for tanks they are being installed. We recognize, ethanol under any NESHAP because it that would become subject to the rule however, that many facilities already contains only a de minimis solely by virtue of storing denatured have vapor balance systems installed, concentration of HAP. The commenters ethanol—allowing 3 years from the date and that not all of these systems may stated that non-gasoline sources in the of publication of the final amendments. have been tested at the time of petroleum liquids distribution system One commenter stated that if EPA installation. We proposed that these have been previously evaluated by EPA intended to propose an alternative systems must conduct their initial tests in the Organic Liquids Distribution definition for ‘‘gasoline,’’ EPA should within 180 days after the compliance (Non-Gasoline) source category, for have included the alternative definition date because we had failed to specify a which EPA determined that an area in the proposed rule amendments rather date in the final rule text, and because source rule was not warranted. The than simply mentioning its proposal in 180 days after the compliance date is commenters stated that this source the preamble. The commenter believes consistent with 40 CFR 63.7(a)(2) in the category was limited to gasoline that EPA should allow stakeholders a General Provisions that was referenced distribution (not ethanol or transmix). clear opportunity to comment on the

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specific definition or definitions that for Handling, Storing, and Dispensing sources (ILTA), transmix typically EPA is proposing. Second, the E85, put out by the United States contains between 35- and 65-percent commenter believes that it is important Department of Energy. The commenter gasoline and has a vapor pressure of to ensure consistency among standards stated that there can be significant about 2.5. Thus, transmix would not regulating gasoline (NSPS, major source problems if the proper materials are not typically meet the gasoline definition’s NESHAP, and area source NESHAP) and used, and if tanks that have been used vapor pressure criteria. However, to make certain that only the affected for other petroleum products are not because of the potential variability of source categories are regulated under 40 properly cleaned and proper the mixture, we cannot be sure that all CFR part 63, subpart BBBBBB and 40 components are not used. The transmix will be excluded by the vapor CFR part 63, subpart CCCCCC. commenter noted that CARB has pressure criteria of the definition.’’ The Response: As discussed above, we approved a number of Stage I systems commenters stated that, given this have finalized the definition of gasoline for E85, including an E85 p/v vent guidance, owners/operators of gasoline as proposed. Our intention was not to valve, and vapor and fill adaptors. distribution facilities believed, in good change the definition of gasoline, but Response: We agree with the faith, that transmix tanks would be instead to incorporate the established commenter that blends of gasoline and subject to the rule only if the vapor definition into these standards instead ethanol that are used as a fuel, and meet pressure of the mixture stored in the of simply referring to the definition in the definition of gasoline should be transmix tank exceeded the criterion other standards. subject to regulation when they are specified in the definition of gasoline, Commenters provided many reasons stored at gasoline distribution facilities. which is a Reid vapor pressure of 27.6 to support their position that emissions We also agree that owners or operators kilopascals (4 pounds per square inch). from the storage of denatured ethanol should follow appropriate procedures, The commenters also asserted that, in should not be regulated under 40 CFR and use appropriate materials when stating that they could not be sure that part 63, subpart BBBBBB or 40 CFR part storing and handling these blends. The all transmix would be excluded, EPA 63, subpart CCCCCC. We considered the purpose of these standards, however, is implicitly acknowledged that most comments, and agree that it is not to require the source category to reduce transmix would be excluded. The appropriate to include the storage of HAP emissions to the applicable level. commenters noted that the preamble to denatured ethanol in this source The emission standards are based on the proposed amendments stipulates category. Denatured ethanol does not consideration of the level of HAP that all transmix should be considered meet the definition of ‘‘gasoline’’ emissions from the affected sources and gasoline for purposes of the rule. One because it typically does not have ‘‘a the most appropriate control commenter stated that facilities should Reid vapor pressure of 27.6 kilopascals technologies that are available to reduce be allowed to test the transmix to or greater’’ and it is not ‘‘used as a fuel the emissions. These standards are not determine applicability to this rule. for internal combustion engines.’’ Thus, intended to provide specific guidance or The commenters also stated that, tanks storing denatured ethanol are not requirements on handling, storing, or given that this change in guidance has ‘‘gasoline storage tanks,’’ and, therefore, dispensing procedures that are the effect of extending the applicability not subject to subpart BBBBBB or unrelated to HAP emission reductions. of the rule to a population of transmix subpart CCCCCC. In addition, we Thus, we are not requiring handbook tanks that were previously understood determined that the potential guidance in the final rule. to not be subject to the rule, the fact that there had not been fair notice of this environmental benefit (HAP reduction) Comments Related to Transmix change, and the resulting requirement is minimal, and that the installation of We proposed in the preamble that for many of these tanks to be equipped storage tank controls (floating roofs) on because transmix contains various with internal floating roofs, EPA should a tank storing denatured ethanol concentrations of gasoline and other specify a separate compliance period for containing 5-percent gasoline is not products, to the degree that it would not transmix tanks—allowing 3 years from cost-effective.7 For these reasons, we be feasible to specify in advance the the date of publication of the final concluded that tanks storing denatured percentage and concentration of amendments. ethanol should not be included in the gasoline in the mixture, it should be Response: As in the case of denatured Gasoline Distribution source category; stored and considered gasoline for the ethanol discussed above, we received therefore, the final rule does not include purposes of these regulations. numerous comments regarding the the storage of denatured ethanol as an Comment: Commenters provided question of whether transmix should be affected source. comments on how the definition of included in the Gasoline Distribution Comments Related to the Handling of gasoline related to transmix. Their Area Source category and should be Gasoline-Ethanol Blends comments were essentially the same as subject to these standards. After those submitted on the topic of considering these comments, we Comment: One commenter expressed denatured ethanol related to the concluded that, while transmix does concern related to E85. The commenter definition of gasoline. Additionally, the contain gasoline, the mixture itself does thinks that specifically including E85 commenters referred to the December not meet all of the criteria specified in and other gasoline-ethanol blends is 19, 2007, memorandum, Summary of the final definition of ‘‘gasoline,’’ which very good and important. The Comments and Responses to Public is the focus of the source category. commenter suggested that it be required, Comments on November 9, 2006 Transmix is a mixture of gasoline and or at least recommended, that all Proposal for Gasoline Distribution Area other petroleum distillates that typically facilities that convert old tanks and Sources, Stephen A. Shedd to Kent C. contain between 35- and 65-percent Stage I systems for E85, or new tanks Hustvedt (December 2007 EPA Memo), gasoline, and, with the higher and Stage I systems follow the in which EPA stated: ‘‘The concentrations of gasoline, may have a guidelines in the July 2006, Handbook determination of whether transmix vapor pressure above the 27.6 kilopascal would or would not meet the definition threshold in the definition of ‘‘gasoline.’’ 7 We determined that the HAP cost-effectiveness ‘‘ of adding a floating roof to a typical tank storing of gasoline would depend on the ratio However, transmix is not used as a fuel denatured ethanol would be about $700,000 per of the individual products included in for internal combustion engines;’’ ton. the mixture. According to industry therefore, transmix does not meet the

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definition of ‘‘gasoline.’’ For these ‘‘§ 63.11094(b)(2)(i) through (viii)’’ rather Response: We considered the reasons, we concluded that tanks storing than to ‘‘§ 63.11094(b)(i) through (viii)’’ commenter’s recommendation and agree transmix should not be included in the as it appears in the proposal. that there is no reason to have two sets gasoline distribution area source Response: We agree with the of testing criteria that use nearly the category; therefore, the final rule does commenter that it is reasonable to same pressure test. However, 40 CFR not include the tanks storing transmix expect that the vapor tightness testing part 63, subpart BBBBBB (at 40 CFR as an affected source. requirements for cargo tanks at GDF 63.11092(f)) also requires a test under 12. Table 1 Requirements for ‘‘New’’ would be included in 40 CFR 63.11120, vacuum, while 40 CFR part 60, subpart Storage Tanks ‘‘What testing and monitoring XX does not. We also agree that there requirements must I meet?’’ We have would be no benefit to requiring that a We proposed rule text in 40 CFR part revised 40 CFR 63.11120 to include a cargo tank be tested twice to satisfy the 63, subpart CCCCCC to clarify that new paragraph (d) that cross-references testing requirements in subpart XX and ‘‘new’’ GDF storage tanks were those the vapor tightness testing requirements subpart BBBBBB (these requirements constructed after the November 9, 2006, found in 40 CFR 63.11092(f). are also referenced in 40 CFR part 63, publication of the proposed rule. We We also agree with the commenter subpart CCCCCC). We have added text received no comments related to the that proposed 40 CFR 63.11125(c) to 40 CFR 63.11092(f) specifying that proposed clarification and have contains a typographical error. The ‘‘facilities that are subject to subpart XX incorporated it into the final rule. citation included in the paragraph of 40 CFR part 60 may elect, after 13. Requirements for Gasoline should be to ‘‘§ 63.11094(b)(2)(i) through notification to the subpart XX delegated Containers (viii)’’ rather than to ‘‘§ 63.11094(b)(i) authority, to comply with paragraphs (f)(1) and (f)(2) of this section.’’ We proposed to add paragraph (d) to through (viii)’’ as it appears in the 40 CFR 63.11116 in 40 CFR part 63, proposal. We have corrected this error D. Comments Addressing Other subpart CCCCCC stating that ‘‘Portable in the final rule. Provisions That Were Not Proposed To gasoline containers that meet the Comment: Commenters requested Be Amended requirements of 40 CFR part 59, subpart clarification of the requirements for Comment: Commenters request that F, are considered acceptable for vapor tightness testing of gasoline cargo the language of item 1(c) in Table 2 to compliance with paragraph (a)(3) of this tanks. The commenters stated that the 40 CFR part 63, subpart BBBBBB be section.’’ We received no comments annual vapor tightness test specified in edited to clarify the intent. A similar related to the proposed clarification, 40 CFR part 63, subpart BBBBBB is provision in the Marine Tank Vessel and have incorporated it into the final nominally the same as that specified in Loading MACT rule specifies that the rule. 40 CFR part 60, subpart XX. They further stated that each of these rules is vapor collection system shall be 14. Cargo Tank Testing and understood to require pressurizing the designed to ‘‘prevent HAP vapors Documentation tank to 18 inches of water column, and collected at one loading berth from We proposed revising the definition each rule requires that the pressure drop passing through another loading berth to of ‘‘vapor-tight gasoline cargo tank’’ in in 5 minutes shall not exceed 3 inches the atmosphere.’’ Commenters assert 40 CFR part 63, subpart BBBBBB (and of water column. However, the that similar clarity could be brought to including the same definition in 40 CFR commenters stated that in subpart XX, this rule by editing this item to read as part 63, subpart CCCCCC) to change the the 18-inch water column pressure is follows: ‘‘Design and operate the vapor reference to the vapor tightness test approximated as 450 millimeter (mm) of collection system to prevent any TOC requirements from those found in 40 water, but in subpart BBBBBB it is vapors collected at one loading rack or CFR 60.501 (40 CFR part 60, subpart approximated as 460 mm of water. The lane from passing through another XX) to those found in 40 CFR commenters further stated that subpart loading rack or lane to the atmosphere.’’ 63.11092(f). The proposed definition XX specifies the limit on pressure drop Response: We have revised item 1(c) reads as follows: ‘‘vapor-tight gasoline as 75 mm of water, whereas subpart in Table 2 to 40 CFR part 63, subpart cargo tank means a gasoline cargo tank BBBBBB specifies 3 inches of water. BBBBBB, as recommended by the which has demonstrated within the 12 The commenters stated that the commenter. preceding months that it meets the preamble to the proposed amendments Comment: One commenter requested annual certification test requirements in characterize the subpart BBBBBB vapor clarification that the analyzer for § 63.11092(f).’’ tightness test requirements as being conducting monthly measurements of Comment: One commenter stated that different than the requirements the carbon outlet VOC concentration the most obvious and reasonable place specified in subpart XX, and the (from a carbon bed) can be permanently to look for the testing requirements for proposed amendments change the cited mounted (i.e., it need not be portable, as vapor tightness testing of cargo tanks at requirements in the definition of a stated in the rule at 40 CFR GDF would be in 40 CFR 63.11120. The vapor-tight gasoline cargo tank from 63.11092(b)(1)(i)(B)(1)(iii)). The commenter pointed out that 40 CFR those in 40 CFR 60.501 to those in 40 commenter stated that the subject 63.11120, which addresses all other CFR 63.11092(f). The commenters stated sentence in the final rule currently testing and monitoring requirements, that many facilities, however, will be reads: ‘‘Measurements shall be made fails to include anything about the vapor subject to both regulations and there is using a portable analyzer, in accordance tightness testing for cargo tanks. The no apparent benefit to testing a gasoline with 40 CFR part 60, Appendix A–7, commenter stated that, for clarity, the cargo tank twice for essentially the same EPA Method 21 for open-ended lines.’’ vapor tightness testing requirements for criteria. The commenters request that The commenter suggested that the cargo tanks should be added to 40 CFR EPA stipulate in subpart BBBBBB that phrase ‘‘or a permanently mounted 63.11120. The commenter also pointed compliance with the annual vapor analyzer’’ be inserted into the current out a typographical error in proposed 40 tightness testing specified in subpart rule language. CFR 63.11125(c). The commenter stated BBBBBB satisfies the annual vapor Response: We agree with the that the citation included in the tightness testing requirement of subpart commenter that it is not necessary that paragraph should be to XX. the analyzer be portable and have made

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the recommended revision in the final profit enterprise which is independently governments, on the relationship rule. owned and operated and is not between the Federal government and dominant in its field. Indian Tribes, or on the distribution of V. Statutory and Executive Order After considering the economic power and responsibilities between the Reviews impacts of these final amendments on Federal government and Indian Tribes. A. Executive Order 12866: Regulatory small entities, I certify that this action Thus, Executive Order 13175 does not Planning and Review will not have a significant economic apply to these final amendments. impact on a substantial number of small This action is not a ‘‘significant G. Executive Order 13045: Protection of entities. The final amendments do not regulatory action’’ under the terms of Children From Environmental Health impose any new requirement on small Executive Order 12866 (58 FR 51735, Risks and Safety Risks entities that are not currently required October 4, 1993) and is, therefore, not by the final rules (i.e., minimizing EPA interprets Executive Order 13045 subject to review under the Executive gasoline spills and evaporation). (62 FR 19885, April 23, 1997) as Order. applying to those regulatory actions that D. Unfunded Mandates Reform Act B. Paperwork Reduction Act concern health or safety risks, such that (UMRA) the analysis required under section 5– This action does not impose any new These final amendments do not 501 of the Executive Order has the information collection burden. The final contain a Federal mandate that may potential to influence the regulation. amendments clarify, but do not add result in expenditures of $100 million or This action is not subject to Executive requirements that increase the more for State, local, and Tribal Order 13045 because it is based solely collection burden. The information governments, in the aggregate, or the on technology performance. collection requirements contained in the private sector in any one year. These H. Executive Order 13211: Actions existing regulations at 40 CFR part 63, final amendments clarify certain Concerning Regulations That subpart BBBBBB and 40 CFR part 63, provisions and correct typographical Significantly Affect Energy Supply, subpart CCCCCC were sent to the Office errors in the rule text for a rule EPA Distribution, or Use of Management and Budget (OMB) for previously determined did not include approval under the provisions of the a Federal mandate that may result in an These final amendments are not Paperwork Reduction Act, 44 U.S.C. estimated cost of $100 million or more subject to Executive Order 13211 (66 FR 3501, et seq. OMB approved Information (69 FR 5061, February 3, 2004). Thus, 18355, May 22, 2001) because they are Collection Request (ICR) 2237.02— the final amendments are not subject to not a significant energy action under NESHAP for Source Categories: the requirements of sections 202 or 205 Executive Order 12866. Gasoline Distribution Bulk Terminals, of UMRA. Bulk Plants, and Pipeline Facilities; and I. National Technology Transfer and The final amendments are also not Advancement Act Gasoline Dispensing Facilities (40 CFR subject to the requirements of section part 63, subpart BBBBBB and 40 CFR 203 of UMRA because they contain no Section 12(d) of the National part 63, subpart CCCCCC) (Final Rule) regulatory requirements that might Technology Transfer and Advancement and assigned OMB control number significantly or uniquely affect small Act of 1995 (NTTAA), Public Law 104– 2060–0620. This ICR was approved by governments. The final amendments 113, 12(d) (15 U.S.C. 272 note) directs OMB without change. The OMB control clarify certain provisions and correct EPA to use voluntary consensus numbers for EPA regulations in 40 CFR typographical errors in the rule text; standards (VCS) in its regulatory are listed in 40 CFR part 9. We are thus, they should not affect small activities unless to do so would be amending 40 CFR part 9 to add the OMB governments. inconsistent with applicable law or control numbers for these rules. otherwise impractical. VCS are E. Executive Order 13132: Federalism technical standards (e.g., materials C. Regulatory Flexibility Act These final amendments do not have specifications, test methods, sampling The Regulatory Flexibility Act (RFA) federalism implications. They will not procedures, and business practices) that generally requires an agency to prepare have substantial direct effects on the are developed or adopted by VCS a regulatory flexibility analysis of any States, on the relationship between the bodies. NTTAA directs EPA to provide rule subject to notice and comment national government and the States, or Congress, through OMB, explanations rulemaking requirements under the on the distribution of power and when the Agency decides not to use Administrative Procedure Act, or any responsibilities among the various available and applicable VCS. other statute unless the Agency certifies levels of government, as specified in The final amendments involve that the rule will not have a significant Executive Order 13132. They provide technical standards. In the final rule economic impact on a substantial clarification and correct typographical promulgated on January 10, 2008 (73 FR number of small entities. Small entities errors. These changes do not modify 1916), we considered NTTAA. Since include small businesses, small existing, or create new responsibilities then, an additional standard was organizations, and small governmental among EPA Regional Offices, States, or presented by stakeholders. The EPA has jurisdictions. local enforcement agencies. Thus, decided to use that additional standard, For purposes of assessing the impacts Executive Order 13132 does not apply as discussed in section IV.C.10 of this of the final amendments on small to these final amendments. preamble, entitled ‘‘Bay Area Air entities, small entity is defined as: (1) A Quality Management District Source small business as defined by the Small F. Executive Order 13175: Consultation Test Procedure ST–30—Static Pressure Business Administration’s regulations at and Coordination With Indian Tribal Integrity Test, Underground Storage 13 CFR 121.201; (2) a small Governments Tanks,’’ adopted November 30, 1983, governmental jurisdiction that is a These final amendments do not have and amended December 21, 1994. The government of a city, county, town, Tribal implications, as specified in test method will be incorporated by school district or special district with a Executive Order 13175 (65 FR 67249, reference (see 40 CFR 63.14). This population of less than 50,000; or (3) a November 9, 2000). They will not have method is available at http:// small organization that is any not-for- substantial direct effects on Tribal www.arb.ca.gov/DRDB/BA/CURHTML/

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ST/st30.pdf, or from the Bay Area Air K. Congressional Review Act Reporting and recordkeeping Quality Management District, 939 Ellis The Congressional Review Act, 5 requirements. Street, San Francisco, California 94109. U.S.C. 801, et seq., as added by the Dated: January 10, 2011. J. Executive Order 12898: Federal Small Business Regulatory Enforcement Lisa P. Jackson, Actions To Address Environmental Fairness Act of 1996, generally provides Administrator. Justice in Minority Populations and that before a rule may take effect, the For the reasons set out in the agency promulgating the rule must Low-Income Populations preamble, parts 9 and 63 of title 40, submit a rule report, which includes a chapter I, of the Code of Federal copy of the rule, to each House of the Executive Order 12898 (59 FR 7629, Regulations are amended as follows: February 16, 1994) establishes Federal Congress and to the Comptroller General executive policy on environmental of the United States. EPA will submit a PART 9—[AMENDED] justice. Its main provision directs report containing these final Federal agencies, to the greatest extent amendments and other required ■ 1. The authority citation for part 9 information to the United States Senate, practicable and permitted by law, to continues to read as follows: the United States House of make environmental justice part of their Representatives, and the Comptroller Authority: 7 U.S.C. 135, et seq., 136–136y; mission by identifying and addressing, 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; General of the United States prior to 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 as appropriate, disproportionately high publication of the final amendments in and adverse human health or U.S.C. 1251, et seq., 1311, 1313d, 1314, 1321, the Federal Register. A major rule 1326, 1330, 1344, 1345(d) and (e), 1361; E.O. environmental effects of their programs, cannot take effect until 60 days after it 11735, 38 FR 21243, 3 CFR 1971–1975 policies, and activities on minority is published in the Federal Register. Comp., p. 973; 42 U.S.C. 241, 242b, 243, 246, populations and low-income This action is not a ‘‘major rule’’ as 300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4, populations in the United States. defined by 5 U.S.C. 804(2). These final 300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j– amendments will be effective on 4, 300j–9, 1857, et seq., 6901–6992k, 7401– EPA has determined that these final 7671q, 7542, 9601–9657, 11023, 11048. amendments will not have January 24, 2011. disproportionately high and adverse List of Subjects ■ 2. The table in § 9.1 is amended by human health or environmental effects adding the following entries in on minority or low-income populations 40 CFR Part 9 numerical order under the undesignated because they do not affect the level of Environmental protection, Reporting center heading ‘‘National Emission protection provided to human health or and recordkeeping requirements. Standards for Hazardous Air Pollutants the environment. These final 40 CFR Part 63 for Source Categories’’ to read as amendments do not relax the control follows: Environmental protection, measures on sources regulated by the Administrative practice and procedure, § 9.1 OMB approvals under the Paperwork rule and will not cause emissions Air pollution control, Incorporation by Reduction Act increases from these sources. reference, Intergovernmental relations, * * * * *

40 CFR citation OMB control No.

******* National Emission Standards for Hazardous Air Pollutants for Source Categories 3

******* 63.11080–63.11100 ...... 2060–0620 63.11110–63.11132 ...... 2060–0620

******* 3 The ICRs referenced in this section of the table encompass the applicable General Provisions contained in 40 CFR part 63, subpart A, which are not independent information collection requirements.

* * * * * following Web site: http:// § 63.11081 Am I subject to the www.arb.ca.gov/DRDB/BA/CURHTML/ requirements in this subpart? PART 63—[AMENDED] ST/st30.pdf. * * * * * (c) Gasoline storage tanks that are ■ 3. The authority citation for part 63 (1) ‘‘BAAQMD Source Test Procedure located at affected sources identified in continues to read as follows: ST–30—Static Pressure Integrity Test, paragraphs (a)(1) through (a)(4) of this Authority: 42 U.S.C. 7401, et seq. Underground Storage Tanks,’’ adopted November 30, 1983, and amended section, and that are used only for dispensing gasoline in a manner ■ 4. Section 63.14 is amended by adding December 21, 1994, IBR approved for consistent with tanks located at a new paragraph (o) to read as follows: § 63.11120(a)(2)(iii). gasoline dispensing facility as defined § 63.14 Incorporations by reference. (2) [Reserved] in § 63.11132, are not subject to any of * * * * * the requirements in this subpart. These (o) The following material is available Subpart BBBBBB—[AMENDED] tanks must comply with subpart from the Bay Area Air Quality CCCCCC of this part. Management District (BAAQMD), 939 ■ 5. Section 63.11081 is amended by (d) The loading of aviation gasoline Ellis Street, San Francisco, California adding paragraphs (c) through (j) to read into storage tanks at airports, and the 94109, and is also available at the as follows: subsequent transfer of aviation gasoline

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within the airport, is not subject to this § 63.11082(d), recordkeeping to is the greatest distance from the bottom subpart. document applicable throughput must of the storage tank. (e) The loading of gasoline into begin on January 10, 2008. Records (1) Submerged fill pipes installed on marine tank vessels at bulk facilities is required under this paragraph shall be or before November 9, 2006, must be no not subject to this subpart. kept for a period of 5 years. more than 12 inches from the bottom of (f) If your affected source’s throughput ■ 6. Section 63.11083 is amended by the tank. ever exceeds an applicable throughput revising paragraph (c) to read as follows: (2) Submerged fill pipes installed after threshold in the definition of ‘‘bulk November 9, 2006, must be no more gasoline terminal’’ or in item 1 in Table § 63.11083 When do I have to comply with than 6 inches from the bottom of the 2 to this subpart, the affected source this subpart? tank. will remain subject to the requirements * * * * * (3) Submerged fill pipes not meeting for sources above the threshold, even if (c) If you have an existing affected the specifications of paragraphs (a)(1) or the affected source throughput later falls source that becomes subject to the (a)(2) of this section are allowed if the below the applicable throughput control requirements in this subpart owner or operator can demonstrate that threshold. because of an increase in the daily the liquid level in the gasoline storage (g) For the purpose of determining throughput, as specified in option 1 of tank is always above the entire opening gasoline throughput, as used in the Table 2 to this subpart, you must of the fill pipe. Documentation definition of bulk gasoline plant and comply with the standards in this providing such demonstration must be bulk gasoline terminal, the 20,000 subpart no later than 3 years after the made available for inspection by the gallons per day threshold throughput is affected source becomes subject to the Administrator’s delegated representative the maximum calculated design control requirements in this subpart. during the course of a site visit. throughout for any day, and is not an ■ 7. A new § 63.11085 is added (b) Gasoline storage tanks with a average. An enforceable State, local, or following the Emission Limitations and capacity of less than 250 gallons are not Tribal permit limitation on throughput, Management Practices heading to read required to comply with the control established prior to the applicable as follows: requirements in paragraph (a) of this compliance date, may be used in lieu of section, but must comply only with the the 20,000 gallons per day design § 63.11085 What are my general duties to minimize emissions? requirements in paragraph (d) of this capacity throughput threshold to section. determine whether the facility is a bulk Each owner or operator of an affected gasoline plant or a bulk gasoline source under this subpart must comply * * * * * terminal. with the requirements of paragraphs (a) ■ 9. Section 63.11092 is amended by: (h) Storage tanks that are used to load and (b) of this section. ■ a. Revising paragraph (a) introductory gasoline into a cargo tank for the on-site (a) You must, at all times, operate and text; redistribution of gasoline to another maintain any affected source, including ■ b. Revising paragraph (b) introductory storage tank are subject to this subpart. associated air pollution control text; (i) For any affected source subject to equipment and monitoring equipment, ■ c. Revising paragraph (b)(1) the provisions of this subpart and in a manner consistent with safety and introductory text; another Federal rule, you may elect to good air pollution control practices for ■ d. Revising paragraph comply only with the more stringent minimizing emissions. Determination of (b)(1)(i)(B)(1)(iii); provisions of the applicable subparts. whether such operation and ■ e. Revising paragraph (b)(1)(i)(B)(2)(ii); You must consider all provisions of the maintenance procedures are being used ■ f. Revising paragraph rules, including monitoring, will be based on information available (b)(1)(i)(B)(2)(iii); recordkeeping, and reporting. You must to the Administrator, which may ■ g. Revising paragraph (b)(1)(iii)(B)(1); identify the affected source and include, but is not limited to, ■ h. Revising paragraph provisions with which you will comply monitoring results, review of operation (b)(1)(iii)(B)(2)(ii); in your Notification of Compliance and maintenance procedures, review of ■ i. Revising paragraph Status required under § 63.11093. You operation and maintenance records, and (b)(1)(iii)(B)(2)(iii); also must demonstrate in your inspection of the source. ■ j. Revising paragraph (f) introductory Notification of Compliance Status that (b) You must keep applicable records text; and each provision with which you will and submit reports as specified in ■ k. Adding a new paragraph (g) to read comply is at least as stringent as the § 63.11094(g) and § 63.11095(d). as follows: otherwise applicable requirements in ■ 8. Section 63.11086 is amended by this subpart. You are responsible for § 63.11092 What testing and monitoring revising paragraphs (a) and (b) to read requirements must I meet? making accurate determinations as follows: concerning the more stringent (a) Each owner or operator of a bulk provisions; noncompliance with this § 63.11086 What requirements must I meet gasoline terminal subject to the rule is not excused if it is later if my facility is a bulk gasoline plant? emission standard in item 1(b) of Table determined that your determination was * * * * * 2 to this subpart must comply with the in error, and, as a result, you are (a) Except as specified in paragraph requirements in paragraphs (a) through violating this subpart. Compliance with (b) of this section, you must only load (d) of this section. this rule is your responsibility, and the gasoline into storage tanks and cargo * * * * * Notification of Compliance Status does tanks at your facility by utilizing (b) Each owner or operator of a bulk not alter or affect that responsibility. submerged filling, as defined in gasoline terminal subject to the (j) For new or reconstructed affected § 63.11100, and as specified in provisions of this subpart shall install, sources, as specified in § 63.11082(b) paragraphs (a)(1), (a)(2), or (a)(3) of this calibrate, certify, operate, and maintain, and (c), recordkeeping to document section. The applicable distances in according to the manufacturer’s applicable throughput must begin upon paragraphs (a)(1) and (2) of this section specifications, a continuous monitoring startup of the affected source. For shall be measured from the point in the system (CMS) while gasoline vapors are existing sources, as specified in opening of the submerged fill pipe that displaced to the vapor processor

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systems, as specified in paragraphs negative parameter value to indicate process and air pollution control and (b)(1) through (5) of this section. For that the pilot flame is off. monitoring equipment to its normal or each facility conducting a performance * * * * * usual manner of operation. test under paragraph (a)(1) of this (2) *** ■ 11. Section 63.11095 is amended by section, and for each facility utilizing (ii) The owner or operator shall verify, adding a new paragraph (a)(4) and a the provisions of paragraphs (a)(2) or during each day of operation of the new paragraph (d) to read as follows: (a)(3) of this section, the CMS must be loading rack, the proper operation of the installed by January 10, 2011. assist-air blower and the vapor line § 63.11095 What are my reporting (1) For each performance test valve. Verification shall be through requirements? conducted under paragraph (a)(1) of this visual observation, or through an (a) * * * section, the owner or operator shall automated alarm or shutdown system (4) For storage vessels complying with determine a monitored operating that monitors system operation. A § 63.11087(b) after January 10, 2011, the parameter value for the vapor manual or electronic record of the start storage vessel’s Notice of Compliance processing system using the procedures and end of a shutdown event may be Status information can be included in specified in paragraphs (b)(1)(i) through used. the next semi-annual compliance report (iv) of this section. During the (iii) The owner or operator shall in lieu of filing a separate Notification performance test, continuously record perform semi-annual preventive of Compliance Status report under the operating parameter as specified maintenance inspections of the thermal § 63.11093. under paragraphs (b)(1)(i) through (iv) of oxidation system, including the * * * * * this section. automated alarm or shutdown system (d) Each owner or operator of an (i) * * * for those units so equipped, according affected source under this subpart shall (B) * * * to the recommendations of the submit a semiannual report including (1) *** manufacturer of the system. the number, duration, and a brief (iii) Conduct monthly measurements * * * * * description of each type of malfunction of the carbon bed outlet volatile organic (f) The annual certification test for which occurred during the reporting compounds (VOC) concentration over gasoline cargo tanks shall consist of the period and which caused or may have the last 5 minutes of an adsorption cycle test methods specified in paragraphs caused any applicable emission for each carbon bed, documenting the (f)(1) or (f)(2) of this section. Affected limitation to be exceeded. The report highest measured VOC concentration. facilities that are subject to subpart XX must also include a description of Measurements shall be made using a of 40 CFR part 60 may elect, after actions taken by an owner or operator portable analyzer, or a permanently notification to the subpart XX delegated during a malfunction of an affected mounted analyzer, in accordance with authority, to comply with paragraphs source to minimize emissions in 40 CFR part 60, Appendix A–7, EPA (f)(1) and (2) of this section. accordance with § 63.11085(a), Method 21 for open-ended lines. * * * * * including actions taken to correct a (2) *** (g) Conduct of performance tests. malfunction. The report may be (ii) The owner or operator shall verify, Performance tests conducted for this submitted as a part of the semiannual during each day of operation of the subpart shall be conducted under such compliance report, if one is required. loading rack, the proper valve conditions as the Administrator Owners or operators of affected bulk sequencing, cycle time, gasoline flow, specifies to the owner or operator, based plants and pipeline pumping stations purge air flow, and operating on representative performance (i.e., are not required to submit reports for temperatures. Verification shall be performance based on normal operating periods during which no malfunctions through visual observation, or through conditions) of the affected source. Upon occurred. an automated alarm or shutdown system request, the owner or operator shall ■ 12. Section 63.11100 is amended by: that monitors system operation. A make available to the Administrator ■ a. Adding, in alphabetical order, new manual or electronic record of the start such records as may be necessary to definitions of ‘‘gasoline,’’ ‘‘gasoline and end of a shutdown event may be determine the conditions of storage tank or vessel,’’ and ‘‘surge used. performance tests. control tank or vessel’’; and (iii) The owner or operator shall ■ 10. Section 63.11094 is amended by ■ b. Revising the definitions of ‘‘bulk perform semi-annual preventive adding a new paragraph (g) to read as gasoline plant,’’ ‘‘pipeline pumping maintenance inspections of the carbon follows: station,’’ and ‘‘vapor-tight gasoline cargo adsorption system, including the tank’’ to read as follows: § 63.11094 What are my recordkeeping automated alarm or shutdown system requirements? § 63.11100 What definitions apply to this for those units so equipped, according subpart? to the recommendations of the * * * * * (g) Each owner or operator of an * * * * * manufacturer of the system. affected source under this subpart shall Bulk gasoline plant means any * * * * * keep records as specified in paragraphs gasoline storage and distribution facility (iii) * * * (g)(1) and (2) of this section. that receives gasoline by pipeline, ship (B) * * * (1) Records of the occurrence and or barge, or cargo tank, and (1) The presence of a thermal duration of each malfunction of subsequently loads the gasoline into oxidation system pilot flame shall be operation (i.e., process equipment) or gasoline cargo tanks for transport to monitored using a heat-sensing device, the air pollution control and monitoring gasoline dispensing facilities, and has a such as an ultraviolet beam sensor or a equipment. gasoline throughput of less than 20,000 thermocouple, installed in proximity of (2) Records of actions taken during gallons per day. Gasoline throughput the pilot light, to indicate the presence periods of malfunction to minimize shall be the maximum calculated design of a flame. The heat-sensing device shall emissions in accordance with throughput as may be limited by send a positive parameter value to § 63.11085(a), including corrective compliance with an enforceable indicate that the pilot flame is on, or a actions to restore malfunctioning condition under Federal, State, or local

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law, and discoverable by the (2) Subsurface caverns or porous rock storage tanks other than surge control Administrator and any other person. reservoirs; tanks. * * * * * (3) Oil/water separators and sumps, * * * * * Gasoline means any petroleum including butane blending sample Surge control tank or vessel means, distillate or petroleum distillate/alcohol recovery tanks, used to collect drained for the purposes of this subpart, those blend having a Reid vapor pressure of material such that it can be pumped to tanks or vessels used only for 27.6 kilopascals or greater, which is storage or back into a process; or controlling pressure in a pipeline used as a fuel for internal combustion system during surges or other variations engines. (4) Tanks or vessels permanently from normal operations. attached to mobile sources such as * * * * * * * * * * trucks, railcars, barges, or ships. Gasoline storage tank or vessel means Vapor-tight gasoline cargo tank means each tank, vessel, reservoir, or container * * * * * a gasoline cargo tank which has used for the storage of gasoline, but does Pipeline pumping station means a demonstrated within the 12 preceding not include: facility along a pipeline containing months that it meets the annual (1) Frames, housing, auxiliary pumps to maintain the desired pressure certification test requirements in supports, or other components that are and flow of product through the § 63.11092(f). not directly involved in the containment pipeline, and not containing gasoline ■ 13. Table 1 to Subpart BBBBBB of Part of gasoline or gasoline vapors; 63 is revised to read as follows:

TABLE 1 TO SUBPART BBBBBB OF PART 63—APPLICABILITY CRITERIA, EMISSION LIMITS, AND MANAGEMENT PRACTICES FOR STORAGE TANKS

If you own or operate . . . Then you must . . .

1. A gasoline storage tank meeting either of the following conditions: Equip each gasoline storage tank with a fixed roof that is mounted to (i) a capacity of less than 75 cubic meters (m3); or the storage tank in a stationary manner, and maintain all openings in (ii) a capacity of less than 151 m3 and a gasoline throughput of 480 a closed position at all times when not in use. gallons per day or less. Gallons per day is calculated by summing the current day’s throughput, plus the throughput for the previous 364 days, and then dividing that sum by 365. 2. A gasoline storage tank with a capacity of greater than or equal to Do the following: 75 m3 and not meeting any of the criteria specified in item 1 of this (a) Reduce emissions of total organic HAP or TOC by 95 weight-per- Table. cent with a closed vent system and control device, as specified in § 60.112b(a)(3) of this chapter; or (b) Equip each internal floating roof gasoline storage tank according to the requirements in § 60.112b(a)(1) of this chapter, except for the secondary seal requirements under § 60.112b(a)(1)(ii)(B) and the re- quirements in § 60.112b(a)(1)(iv) through (ix) of this chapter; and (c) Equip each external floating roof gasoline storage tank according to the requirements in § 60.112b(a)(2) of this chapter, except that the requirements of § 60.112b(a)(2)(ii) of this chapter shall only be required if such storage tank does not currently meet the requirements of § 60.112b(a)(2)(i) of this chapter; or (d) Equip and operate each internal and external floating roof gaso- line storage tank according to the applicable requirements in § 63.1063(a)(1) and (b), except for the secondary seal requirements under § 63.1063(a)(1)(i)(C) and (D), and equip each external floating roof gasoline storage tank according to the requirements of § 63.1063(a)(2) if such storage tank does not currently meet the re- quirements of § 63.1063(a)(1). 3. A surge control tank ...... Equip each tank with a fixed roof that is mounted to the tank in a sta- tionary manner and with a pressure/vacuum vent with a positive cracking pressure of no less than 0.50 inches of water. Maintain all openings in a closed position at all times when not in use.

■ 14. Table 2 to Subpart BBBBBB of Part 63 is revised to read as follows:

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TABLE 2 TO SUBPART BBBBBB OF PART 63—APPLICABILITY CRITERIA, EMISSION LIMITS, AND MANAGEMENT PRACTICES FOR LOADING RACKS

If you own or operate . . . Then you must . . .

1. A bulk gasoline terminal loading rack(s) with a gasoline throughput (a) Equip your loading rack(s) with a vapor collection system designed (total of all racks) of 250,000 gallons per day, or greater. Gallons per to collect the TOC vapors displaced from cargo tanks during product day is calculated by summing the current day’s throughput, plus the loading; and throughput for the previous 364 days, and then dividing that sum by (b) Reduce emissions of TOC to less than or equal to 80 mg/l of gaso- 365. line loaded into gasoline cargo tanks at the loading rack; and (c) Design and operate the vapor collection system to prevent any TOC vapors collected at one loading rack or lane from passing through another loading rack or lane to the atmosphere; and (d) Limit the loading of gasoline into gasoline cargo tanks that are vapor tight using the procedures specified in § 60.502(e) through (j) of this chapter. For the purposes of this section, the term ‘‘tank truck’’ as used in § 60.502(e) through (j) of this chapter means ‘‘cargo tank’’ as defined in § 63.11100. 2. A bulk gasoline terminal loading rack(s) with a gasoline throughput (a) Use submerged filling with a submerged fill pipe that is no more (total of all racks) of less than 250,000 gallons per day. Gallons per than 6 inches from the bottom of the cargo tank; and day is calculated by summing the current day’s throughput, plus the (b) Make records available within 24 hours of a request by the Admin- throughput for the previous 364 days, and then dividing that sum by istrator to document your gasoline throughput. 365.

■ 15. Table 3 to Subpart BBBBBB of Part ■ d. Revising entry 63.7(e)(3); ■ i. Adding entries 63.10(b)(2)(i), 63 is amended by: ■ e. Removing entry 63.8(c)(1)(i)–(iii); 63.10(b)(2)(ii), 63.10(b)(2)(iii), ■ a. Removing entry 63.6(e)(1); ■ f. Adding entries 63.8(c)(1)(i), (c)(1)(ii) 63.10(b)(2)(iv), and 63.10(b)(2)(v); and ■ b. Adding entries 63.6(e)(1)(i) and and 63.8(c)(1)(iii); ■ j. Revising entry 63.10(d)(5) to read as 63.6(e)(1)(ii); ■ g. Revising entry 63.9(h)(1)-(6); ■ c. Revising entry 63.7(e)(1); ■ h. Removing entry 63.10(b)(2)(i)–(iv); follows:

TABLE 3 TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS

Citation Subject Brief description Applies to subpart BBBBBB

******* 63.6(e)(1)(i) ...... General duty to minimize Operate to minimize emissions at all times; No. See § 63.11085 for general duty require- emissions. information Administrator will use to deter- ment. mine if operation and maintenance re- quirements were met. 63.6(e)(1)(ii) ...... Requirement to correct mal- Owner or operator must correct malfunctions No. functions as soon as pos- as soon as possible. sible.

******* 63.7(e)(1) ...... Conditions for Conducting Performance test must be conducted under No, § 63.11092(g) specifies conditions for Performance Tests. representative conditions. conducting performance tests.

******* § 63.7(e)(3) ...... Test Run Duration ...... Must have three test runs of at least 1 hour Yes, except for testing conducted under each; compliance is based on arithmetic § 63.11092(a). mean of three runs; conditions when data from an additional test run can be used.

******* § 63.8(c)(1)(i) ...... Operation and Maintenance Must maintain and operate each CMS as No. of CMS. specified in § 63.6(e)(1). § 63.8(c)(1)(ii) ...... Operation and Maintenance Must keep parts for routine repairs readily Yes. of CMS. available. § 63.8(c)(1)(iii) ...... Operation and Maintenance Requirement to develop SSM Plan for CMS No. of CMS.

******* § 63.9(h)(1)–(6) .... Notification of Compliance Contents due 60 days after end of perform- Yes, except as specified in § 63.11095(a)(4); Status. ance test or other compliance demonstra- also, there are no opacity standards. tion, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authority.

******* § 63.10(b)(2)(i) ..... Records related to SSM ...... Recordkeeping of occurrence and duration No. of startups and shutdowns.

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TABLE 3 TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued

Citation Subject Brief description Applies to subpart BBBBBB

§ 63.10(b)(2)(ii) ..... Records related to SSM ...... Recordkeeping of malfunctions ...... No. See § 63.11094(g) for recordkeeping of (1) occurrence and duration and (2) ac- tions taken during malfunction. § 63.10(b)(2)(iii) .... Maintenance records ...... Recordkeeping of maintenance on air pollu- Yes. tion control and monitoring equipment. § 63.10(b)(2)(iv) .... Records Related to SSM ...... Actions taken to minimize emissions during No. SSM. § 63.10(b)(2)(v) .... Records Related to SSM ...... Actions taken to minimize emissions during No. SSM.

******* § 63.10(d)(5) ...... SSM Reports ...... Contents and submission ...... No. See § 63.11095(d) for malfunction re- porting requirements.

*******

Subpart CCCCCC—[AMENDED] (i) If your affected source’s throughput § 63.11113 When do I have to comply with ever exceeds an applicable throughput this subpart? ■ 16. Section 63.11111 is amended by: threshold, the affected source will * * * * * ■ a. Revising paragraph (e); remain subject to the requirements for (c) If you have an existing affected ■ b. Revising paragraph (g); and sources above the threshold, even if the source that becomes subject to the ■ c. Adding new paragraphs (h) through affected source throughput later falls control requirements in this subpart (k) to read as follows: below the applicable throughput because of an increase in the monthly threshold. throughput, as specified in § 63.11111(c) § 63.11111 Am I subject to the (j) The dispensing of gasoline from a or § 63.11111(d), you must comply with requirements in this subpart? fixed gasoline storage tank at a GDF into the standards in this subpart no later * * * * * a portable gasoline tank for the on-site than 3 years after the affected source (e) An affected source shall, upon delivery and subsequent dispensing of becomes subject to the control request by the Administrator, the gasoline into the fuel tank of a motor requirements in this subpart. demonstrate that their monthly vehicle or other gasoline-fueled engine * * * * * throughput is less than the 10,000- or equipment used within the area (e) The initial compliance gallon or the 100,000-gallon threshold source is only subject to § 63.11116 of demonstration test required under level, as applicable. For new or this subpart. § 63.11120(a)(1) and (2) must be reconstructed affected sources, as (k) For any affected source subject to conducted as specified in paragraphs specified in § 63.11112(b) and (c), the provisions of this subpart and (e)(1) and (2) of this section. recordkeeping to document monthly another Federal rule, you may elect to (1) If you have a new or reconstructed throughput must begin upon startup of comply only with the more stringent affected source, you must conduct the the affected source. For existing sources, provisions of the applicable subparts. initial compliance test upon installation as specified in § 63.11112(d), You must consider all provisions of the of the complete vapor balance system. recordkeeping to document monthly rules, including monitoring, (2) If you have an existing affected throughput must begin on January 10, recordkeeping, and reporting. You must source, you must conduct the initial 2008. For existing sources that are identify the affected source and compliance test as specified in subject to this subpart only because they provisions with which you will comply paragraphs (e)(2)(i) or (e)(2)(ii) of this load gasoline into fuel tanks other than in your Notification of Compliance section. those in motor vehicles, as defined in Status required under § 63.11124. You (i) For vapor balance systems installed § 63.11132, recordkeeping to document also must demonstrate in your on or before December 15, 2009, you monthly throughput must begin on Notification of Compliance Status that must test no later than 180 days after the January 24, 2011. Records required each provision with which you will applicable compliance date specified in under this paragraph shall be kept for a comply is at least as stringent as the paragraphs (b) or (c) of this section. (ii) For vapor balance systems period of 5 years. otherwise applicable requirements in installed after December 15, 2009, you this subpart. You are responsible for * * * * * must test upon installation of the making accurate determinations (g) The loading of aviation gasoline complete vapor balance system. concerning the more stringent into storage tanks at airports, and the (f) If your GDF is subject to the control provisions, and noncompliance with subsequent transfer of aviation gasoline requirements in this subpart only this rule is not excused if it is later within the airport, is not subject to this because it loads gasoline into fuel tanks determined that your determination was subpart. other than those in motor vehicles, as in error, and, as a result, you are (h) Monthly throughput is the total defined in § 63.11132, you must comply violating this subpart. Compliance with volume of gasoline loaded into, or with the standards in this subpart as this rule is your responsibility and the dispensed from, all the gasoline storage specified in paragraphs (f)(1) or (f)(2) of Notification of Compliance Status does tanks located at a single affected GDF. this section. If an area source has two or more GDF not alter or affect that responsibility. (1) If your GDF is an existing facility, at separate locations within the area ■ 17. Section 63.11113 is amended by you must comply by January 24, 2014. source, each GDF is treated as a separate revising paragraph (c) and adding new (2) If your GDF is a new or affected source. paragraphs (e) and (f) to read as follows: reconstructed facility, you must comply

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by the dates specified in paragraphs gasoline into storage tanks at your (c) Conduct of performance tests. (f)(2)(i) and (ii) of this section. facility by utilizing submerged filling, as Performance tests conducted for this (i) If you start up your GDF after defined in § 63.11132, and as specified subpart shall be conducted under such December 15, 2009, but before January in paragraphs (b)(1), (b)(2), or (b)(3) of conditions as the Administrator 24, 2011, you must comply no later than this section. The applicable distances in specifies to the owner or operator based January 24, 2011. paragraphs (b)(1) and (2) shall be on representative performance (i.e., (ii) If you start up your GDF after measured from the point in the opening performance based on normal operating January 24, 2011, you must comply of the submerged fill pipe that is the conditions) of the affected source. Upon upon startup of your GDF. greatest distance from the bottom of the request, the owner or operator shall ■ 18. A new § 63.11115 is added storage tank. make available to the Administrator following the Emission Limitations and (1) Submerged fill pipes installed on such records as may be necessary to Management Practices heading to read or before November 9, 2006, must be no determine the conditions of as follows: more than 12 inches from the bottom of performance tests. the tank. (d) Owners and operators of gasoline § 63.11115 What are my general duties to (2) Submerged fill pipes installed after cargo tanks subject to the provisions of minimize emissions? November 9, 2006, must be no more Table 2 to this subpart must conduct Each owner or operator of an affected than 6 inches from the bottom of the annual certification testing according to source under this subpart must comply tank. the vapor tightness testing requirements with the requirements of paragraphs (a) (3) Submerged fill pipes not meeting found in § 63.11092(f). and (b) of this section. the specifications of paragraphs (b)(1) or ■ 22. Section 63.11124 is amended by: (a) You must, at all times, operate and (b)(2) of this section are allowed if the ■ a. Revising paragraph (a)(1) maintain any affected source, including owner or operator can demonstrate that introductory text; associated air pollution control the liquid level in the tank is always ■ b. Revising the first two sentences in equipment and monitoring equipment, above the entire opening of the fill pipe. paragraph (a)(2); in a manner consistent with safety and Documentation providing such ■ c. Revising paragraph (b)(1) good air pollution control practices for demonstration must be made available introductory text; and minimizing emissions. Determination of for inspection by the Administrator’s ■ d. Revising the first two sentences in whether such operation and delegated representative during the paragraph (b)(2) to read as follows: maintenance procedures are being used course of a site visit. § 63.11124 What notifications must I will be based on information available * * * * * submit and when? to the Administrator which may ■ (a) * * * include, but is not limited to, 21. Section 63.11120 is amended by: ■ a. Revising paragraph (a) introductory (1) You must submit an Initial monitoring results, review of operation text; Notification that you are subject to this and maintenance procedures, review of ■ b. Revising paragraph (a)(2) subpart by May 9, 2008, or at the time operation and maintenance records, and introductory text; you become subject to the control inspection of the source. ■ c. Adding paragraph (a)(2)(iii); requirements in § 63.11117, unless you (b) You must keep applicable records ■ d. Adding paragraph (c); and meet the requirements in paragraph and submit reports as specified in ■ e. Adding paragraph (d) to read as (a)(3) of this section. If your affected § 63.11125(d) and § 63.11126(b). follows: source is subject to the control ■ 19. Section 63.11116 is amended by requirements in § 63.11117 only because revising paragraph (b) and adding a new § 63.11120 What testing and monitoring requirements must I meet? it loads gasoline into fuel tanks other paragraph (d) to read as follows: than those in motor vehicles, as defined (a) Each owner or operator, at the time § 63.11116 Requirements for facilities with in § 63.11132, you must submit the of installation, as specified in Initial Notification by May 24, 2011. monthly throughput of less than 10,000 § 63.11113(e), of a vapor balance system gallons of gasoline. The Initial Notification must contain the required under § 63.11118(b)(1), and information specified in paragraphs * * * * * every 3 years thereafter, must comply (b) You are not required to submit (a)(1)(i) through (iii) of this section. The with the requirements in paragraphs notification must be submitted to the notifications or reports as specified in (a)(1) and (2) of this section. § 63.11125, § 63.11126, or subpart A of applicable EPA Regional Office and this part, but you must have records * * * * * delegated State authority as specified in (2) You must demonstrate compliance available within 24 hours of a request by § 63.13. with the static pressure performance the Administrator to document your * * * * * requirement specified in item 1(h) of gasoline throughput. (2) You must submit a Notification of Table 1 to this subpart for your vapor Compliance Status to the applicable * * * * * balance system by conducting a static (d) Portable gasoline containers that EPA Regional Office and the delegated pressure test on your gasoline storage State authority, as specified in § 63.13, meet the requirements of 40 CFR part tanks using the test methods identified 59, subpart F, are considered acceptable within 60 days of the applicable in paragraphs (a)(2)(i), (a)(2)(ii), or compliance date specified in § 63.11113, for compliance with paragraph (a)(3) of (a)(2)(iii) of this section. this section. unless you meet the requirements in * * * * * ■ paragraph (a)(3) of this section. The 20. Section 63.11117 is amended by (iii) Bay Area Air Quality revising paragraph (b) to read as follows: Notification of Compliance Status must Management District Source Test be signed by a responsible official who § 63.11117 Requirements for facilities with Procedure ST–30—Static Pressure must certify its accuracy, must indicate monthly throughput of 10,000 gallons of Integrity Test—Underground Storage whether the source has complied with gasoline or more. Tanks, adopted November 30, 1983, and the requirements of this subpart, and * * * * * amended December 21, 1994 must indicate whether the facilities’ (b) Except as specified in paragraph (incorporated by reference, see § 63.14). monthly throughput is calculated based (c) of this section, you must only load * * * * * on the volume of gasoline loaded into

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all storage tanks or on the volume of requirements of paragraphs (c)(2)(i) and vehicle,’’ ‘‘nonroad engine,’’ ‘‘nonroad gasoline dispensed from all storage (ii) of this section. vehicle,’’ and ‘‘vapor-tight gasoline cargo tanks.* * * (i) The owner or operator may keep tank’’; and * * * * * records of only the most recent vapor ■ b. By revising, in alphabetical order, (b) * * * tightness test with the cargo tank, and the definitions of ‘‘gasoline cargo tank,’’ keep records for the previous 4 years at (1) You must submit an Initial ‘‘gasoline dispensing facility,’’ and their office or another central location. Notification that you are subject to this ‘‘monthly throughput’’ to read as (ii) Vapor tightness testing records follows: subpart by May 9, 2008, or at the time that are kept at a location other than you become subject to the control with the cargo tank must be instantly § 63.11132 What definitions apply to this requirements in § 63.11118. If your available (e.g., via e-mail or facsimile) to subpart? affected source is subject to the control the Administrator’s delegated * * * * * requirements in § 63.11118 only because representative during the course of a site Gasoline means any petroleum it loads gasoline into fuel tanks other visit or within a mutually agreeable time distillate or petroleum distillate/alcohol than those in motor vehicles, as defined frame. Such records must be an exact blend having a Reid vapor pressure of in § 63.11132, you must submit the duplicate image of the original paper 27.6 kilopascals or greater, which is Initial Notification by May 24, 2011. copy record with certifying signatures. used as a fuel for internal combustion The Initial Notification must contain the (d) Each owner or operator of an engines. information specified in paragraphs affected source under this subpart shall Gasoline cargo tank means a delivery (b)(1)(i) through (iii) of this section. The keep records as specified in paragraphs tank truck or railcar which is loading or notification must be submitted to the (d)(1) and (2) of this section. unloading gasoline, or which has loaded applicable EPA Regional Office and (1) Records of the occurrence and or unloaded gasoline on the delegated State authority as specified in duration of each malfunction of immediately previous load. § 63.13. operation (i.e., process equipment) or Gasoline dispensing facility (GDF) * * * * * the air pollution control and monitoring means any stationary facility which (2) You must submit a Notification of equipment. dispenses gasoline into the fuel tank of Compliance Status to the applicable (2) Records of actions taken during a motor vehicle, motor vehicle engine, EPA Regional Office and the delegated periods of malfunction to minimize nonroad vehicle, or nonroad engine, State authority, as specified in § 63.13, emissions in accordance with including a nonroad vehicle or nonroad in accordance with the schedule § 63.11115(a), including corrective engine used solely for competition. specified in § 63.9(h). The Notification actions to restore malfunctioning These facilities include, but are not of Compliance Status must be signed by process and air pollution control and limited to, facilities that dispense a responsible official who must certify monitoring equipment to its normal or gasoline into on- and off-road, street, or its accuracy, must indicate whether the usual manner of operation. highway motor vehicles, lawn source has complied with the ■ 24. Section 63.11126 is revised to read equipment, boats, test engines, requirements of this subpart, and must as follows: landscaping equipment, generators, indicate whether the facility’s § 63.11126 What are my reporting pumps, and other gasoline-fueled throughput is determined based on the requirements? engines and equipment. volume of gasoline loaded into all (a) Each owner or operator subject to Monthly throughput means the total storage tanks or on the volume of the management practices in § 63.11118 volume of gasoline that is loaded into, gasoline dispensed from all storage shall report to the Administrator the or dispensed from, all gasoline storage tanks. * * * results of all volumetric efficiency tests tanks at each GDF during a month. * * * * * required under § 63.11120(b). Reports Monthly throughput is calculated by ■ 23. Section 63.11125 is amended by submitted under this paragraph must be summing the volume of gasoline loaded adding a new paragraph (c) and a new submitted within 180 days of the into, or dispensed from, all gasoline paragraph (d) to read as follows: completion of the performance testing. storage tanks at each GDF during the (b) Each owner or operator of an current day, plus the total volume of § 63.11125 What are my recordkeeping affected source under this subpart shall gasoline loaded into, or dispensed from, requirements? report, by March 15 of each year, the all gasoline storage tanks at each GDF * * * * * number, duration, and a brief during the previous 364 days, and then (c) Each owner or operator of a description of each type of malfunction dividing that sum by 12. gasoline cargo tank subject to the which occurred during the previous Motor vehicle means any self- management practices in Table 2 to this calendar year and which caused or may propelled vehicle designed for subpart must keep records documenting have caused any applicable emission transporting persons or property on a vapor tightness testing for a period of limitation to be exceeded. The report street or highway. 5 years. Documentation must include must also include a description of Nonroad engine means an internal each of the items specified in actions taken by an owner or operator combustion engine (including the fuel § 63.11094(b)(2)(i) through (viii). during a malfunction of an affected system) that is not used in a motor Records of vapor tightness testing must source to minimize emissions in vehicle or a vehicle used solely for be retained as specified in either accordance with § 63.11115(a), competition, or that is not subject to paragraph (c)(1) or paragraph (c)(2) of including actions taken to correct a standards promulgated under section this section. malfunction. No report is necessary for 7411 of this title or section 7521 of this (1) The owner or operator must keep a calendar year in which no title. all vapor tightness testing records with malfunctions occurred. Nonroad vehicle means a vehicle that the cargo tank. ■ 25. Section 63.11132 is amended as is powered by a nonroad engine, and (2) As an alternative to keeping all follows: that is not a motor vehicle or a vehicle records with the cargo tank, the owner ■ a. By adding, in alphabetical order, used solely for competition. or operator may comply with the the definitions of ‘‘gasoline,’’ ‘‘motor * * * * *

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Vapor-tight gasoline cargo tank means certification test requirements in ■ 26. Table 1 to subpart CCCCCC of part a gasoline cargo tank which has § 63.11092(f) of this part. 63 is amended by adding a footnote 1, demonstrated within the 12 preceding and by revising entry 2 to read as months that it meets the annual follows:

TABLE 1 TO SUBPART CCCCCC OF PART 63—APPLICABILITY CRITERIA AND MANAGEMENT PRACTICES FOR GASOLINE DISPENSING FACILITIES WITH MONTHLY THROUGHPUT OF 100,000 GALLONS OF GASOLINE OR MORE 1

If you own or operate . . . Then you must . . .

******* 2. A new or reconstructed GDF, or any storage tank(s) constructed Equip your gasoline storage tanks with a dual-point vapor balance sys- after November 9, 2006, at an existing affected facility subject to tem, as defined in § 63.11132, and comply with the requirements of § 63.11118. item 1 in this Table. 1 The management practices specified in this Table are not applicable if you are complying with the requirements in § 63.11118(b)(2), except that if you are complying with the requirements in § 63.11118(b)(2)(i)(B), you must operate using management practices at least as stringent as those listed in this Table.

■ 27. Table 2 to Subpart CCCCCC of Part 63 is amended by revising entry (vi) to read as follows:

TABLE 2 TO SUBPART CCCCCC OF PART 63—APPLICABILITY CRITERIA AND MANAGEMENT PRACTICES FOR GASOLINE CARGO TANKS UNLOADING AT GASOLINE DISPENSING FACILITIES WITH MONTHLY THROUGHPUT OF 100,000 GAL- LONS OF GASOLINE OR MORE

If you own or operate . . . Then you must . . .

******* (vi) The filling of storage tanks at GDF shall be limited to unloading from vapor-tight gasoline cargo tanks. Documentation that the cargo tank has met the specifications of EPA Method 27 shall be carried with the cargo tank, as specified in § 63.11125(c).

■ 28. Table 3 to Subpart CCCCCC of Part ■ e. Revising entry 63.8(c)(1)(i)–(iii); ■ j. Revising entry 63.10(e)(3)(i)–(iii); 63 is amended by: ■ f. Revising entry 63.8(c)(2)–(8); and ■ ■ g. Removing entry 63.10(b)(2)(i)–(iv); a. Revising entry 63.5; ■ k. Revising entry 63.10(e)(3)(iv)–(v) to ■ b. Removing entry 63.6(e)(1); ■ h. Adding entries 63.10(b)(2)(i), ■ c. Adding entries 63.6(e)(1)(i) and 63.10(b)(2)(ii), 63.10(b)(2)(iii), read as follows: 63.6(e)(1)(ii); 63.10(b)(2)(iv), and 63.10(b)(2)(v); ■ d. Revising entry 63.7(e)(1); ■ i. Revising entry 63.10(d)(5);

TABLE 3 TO SUBPART CCCCCC OF PART 63—APPLICABILITY OF GENERAL PROVISIONS

Applies to subpart Citation Subject Brief description CCCCCC

******* § 63.5 ...... Construction/Reconstruc- Applicability; applications; approvals ...... Yes, except that these noti- tion. fications are not required for facilities subject to § 63.11116.

******* 63.6(e)(1)(i) ...... General duty to minimize Operate to minimize emissions at all times; information No. See § 63.11115 for emissions. Administrator will use to determine if operation and general duty require- maintenance requirements were met. ment. 63.6(e)(1)(ii) ...... Requirement to correct Owner or operator must correct malfunctions as soon No. malfunctions ASAP. as possible.

******* 63.7(e)(1) ...... Conditions for Conducting Performance test must be conducted under represent- No, § 63.11120(c) specifies Performance Tests. ative conditions. conditions for conducting performance tests.

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TABLE 3 TO SUBPART CCCCCC OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued

Applies to subpart Citation Subject Brief description CCCCCC

******* § 63.8(c)(1)(i)–(iii) ...... Operation and Mainte- Must maintain and operate each CMS as specified in No. nance of Continuous § 63.6(e)(1); must keep parts for routine repairs Monitoring Systems readily available; must develop a written SSM plan (CMS). for CMS, as specified in § 63.6(e)(3). § 63.8(c)(2)–(8) ...... CMS Requirements ...... Must install to get representative emission or param- No. eter measurements; must verify operational status before or at performance test.

******* § 63.10(b)(2)(i) ...... Records related to SSM .... Recordkeeping of occurrence and duration of startups No. and shutdowns. § 63.10(b)(2)(ii) ...... Records related to SSM .... Recordkeeping of malfunctions ...... No. See § 63.11125(d) for recordkeeping of (1) oc- currence and duration and (2) actions taken during malfunction. § 63.10(b)(2)(iii) ...... Maintenance records ...... Recordkeeping of maintenance on air pollution control Yes. and monitoring equipment. § 63.10(b) ...... Records Related to SSM ... Actions taken to minimize emissions during SSM ...... No. (2)(iv) ...... § 63.10(b) ...... Records Related to SSM ... Actions taken to minimize emissions during SSM ...... No. (2)(v) ......

******* § 63.10(d)(5) ...... SSM Reports ...... Contents and submission ...... No. See § 63.11126(b) for malfunction reporting re- quirements.

******* § 63.10(e)(3)(i)–(iii) ...... Reports ...... Schedule for reporting excess emissions ...... No. § 63.10(e)(3)(iv)–(v) ...... Excess Emissions Reports Requirement to revert to quarterly submission if there No. is an excess emissions and parameter monitor exceedances (now defined as deviations); provision to request semiannual reporting after compliance for 1 year; submit report by 30th day following end of quarter or calendar half; if there has not been an ex- ceedance or excess emissions (now defined as devi- ations), report contents in a statement that there have been no deviations; must submit report con- taining all of the information in §§ 63.8(c)(7)–(8) and 63.10(c)(5)–(13).

*******

[FR Doc. 2011–906 Filed 1–21–11; 8:45 am] BILLING CODE 6560–50–P

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Part III

Department of Defense

General Services Administration

National Aeronautics and Space Administration

48 CFR Chapter 1 and Parts 1, 9, 12, et al. Federal Acquisition Regulations; Rules

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DEPARTMENT OF DEFENSE and National Aeronautics and Space FOR FURTHER INFORMATION CONTACT: The Administration (NASA). analyst whose name appears in the table GENERAL SERVICES ACTION: Summary presentation of rules. below in relation to each FAR case. ADMINISTRATION Please cite FAC 2005–49 and the SUMMARY: This document summarizes specific FAR case number. For NATIONAL AERONAUTICS AND the Federal Acquisition Regulation information pertaining to status or SPACE ADMINISTRATION (FAR) rules agreed to by DOD, GSA, and publication schedules, contact the NASA in this Federal Acquisition Regulatory Secretariat at (202) 501– 48 CFR Chapter 1 Circular (FAC) 2005–49. A companion 4755. [Docket FAR 2011–0076, Sequence 1] document, the Small Entity Compliance Guide (SECG), follows this FAC. The Federal Acquisition Regulation; FAC, including the SECG, is available Federal Acquisition Circular 2005–49; via the Internet at http:// Introduction www.regulations.gov. AGENCY: Department of Defense (DoD), DATES: For effective dates see separate General Services Administration (GSA), documents, which follow.

LIST OF RULE IN FAC 2005–49

Subject FAR case Analyst

Public Access to the Federal Awardee Performance and Integrity Information System (Interim) ...... 2010–016 Loeb.

SUPPLEMENTARY INFORMATION: A DEPARTMENT OF DEFENSE DATES: Effective Date: January 24, 2011. summary for the FAR rule follows. For Comment Date: Interested parties the actual revisions and/or amendments GENERAL SERVICES should submit written comments to the made by this FAR case, refer to FAR ADMINISTRATION Regulatory Secretariat on or before Case 2010–016. March 25, 2011 to be considered in the NATIONAL AERONAUTICS AND formulation of a final rule. FAC 2005–49 amends the FAR as SPACE ADMINISTRATION Applicability Date: This rule applies specified below: to solicitations issued on or after Public Access to the Federal Awardee 48 CFR Parts 1, 9, 12, and 52 January 24, 2011. Contracting officers are encouraged, to the extent feasible, to Performance and Integrity Information [FAC 2005–49; FAR Case 2010–016; Docket System (FAR Case 2010–016) (Interim) 2010–0016, Sequence 1] amend existing solicitations in accordance with FAR 1.108(d), in order This interim rule amends the FAR to RIN 9000–AL94 to include the clause at FAR 52.209–9 implement section 3010 of the in contracts to be awarded on or after Federal Acquisition Regulation; Public January 24, 2011. Prior to April 15, Supplemental Appropriations Act, 2010 Access to the Federal Awardee (Pub. L. 111–212), enacted July 29, 2011, contracting officers shall Performance and Integrity Information bilaterally modify existing contracts, 2010. Section 3010 requires that the System Administrator of the General Services including indefinite-delivery indefinite- quantity contracts, that contain the post all information contained in the AGENCIES: Department of Defense (DoD), clause 52.209–8, Updates of Information Federal Awardee Performance and General Services Administration (GSA), and National Aeronautics and Space Regarding Responsibility Matters, if a Integrity Information System (FAPIIS), six-month update will be due on or after excluding past performance reviews, on Administration (NASA). ACTION: Interim rule. April 15, 2011. The modification shall a publicly available Web site. replace the clause 52.209–8 with a new This interim rule notifies contractors SUMMARY: DoD, GSA, and NASA are clause 52.209–9, Updates of Publicly that FAPIIS data, excluding past issuing an interim rule amending the Available Information Regarding performance reviews, will be available Federal Acquisition Regulation (FAR) to Responsibility Matters, Alternate I (JAN to the public after a certain date, and implement section 3010 of 2011). If the contracting officer is unable creates a new FAR clause to support the Supplemental Appropriations Act, to negotiate this modification prior to posting of information in FAPIIS. 2010. Section 3010 requires that the April 15, 2011, the contracting officer Contracting officers are encouraged to information in the Federal Awardee shall obtain approval at least one level the extent feasible to amend existing Performance and Integrity Information above the contracting officer to negotiate solicitations in accordance with FAR System (FAPIIS), excluding past an alternate resolution. 1.108(d), in order to include this revised performance reviews, shall be made ADDRESSES: Submit comments publicly available. This interim rule clause in contracts to be awarded on or identified by FAC 2005–49, FAR Case notifies contractors of this new statutory after the effective date of this rule. 2010–016, by any of the following requirement for public access to FAPIIS methods: Dated: January 19, 2011. and creates a new FAR clause to support • Regulations.gov: http:// Michael O. Jackson, the posting of information in FAPIIS www.regulations.gov. Submit comments Acting Director, Office of Governmentwide consistent with section 3010. All via the Federal eRulemaking portal by Acquisition Policy. information posted in FAPIIS on or after inputting ‘‘FAR Case 2010–016’’ under [FR Doc. 2011–1324 Filed 1–21–11; 8:45 am] April 15, 2011, except for past the heading ‘‘Enter Keyword or ID’’ and performance reviews, will be publicly selecting ‘‘Search.’’ Select the link BILLING CODE 6820–EP–P available. ‘‘Submit a Comment’’ that corresponds

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with ‘‘FAR Case 2010–016.’’ Follow the (Pub. L. 111–212), enacted July 29, Regarding Responsibility Matters. The instructions provided at the ‘‘Submit a 2010, modifies section 872(e)(1) to current clause states that only Comment’’ screen. Please include your require that the Administrator of Government personnel and authorized name, company name (if any), and ‘‘FAR General Services post all FAPIIS users performing business on behalf of Case 2010–016’’ on your attached information, excluding past the Government will have access to a document. performance reviews, on a publicly contractor’s record in the FAPIIS • Fax: (202) 501–4067. available Web site. FAPIIS will now system. The new clause does not • Mail: General Services become the publicly available Web site. include this statement but instead Administration, Regulatory Secretariat To comply with section 3010, this provides notice to contractors that all (MVCB), ATTN: Hada Flowers, 1275 preamble contains instructions to information posted in FAPIIS on or after First Street, NE., 7th Floor, Washington, contracting officers on modifying April 15, 2011, except past performance DC 20417. existing contracts to incorporate the reviews, will be publicly available. The Instructions: Please submit comments new clause. To begin the transition new clause also states that requests to only and cite FAC 2005–49, FAR Case process and lessen the number of review the information posted in FAPIIS 2010–016, in all correspondence related contracts that will require modification before April 15, 2011, will be subject to to this case. All comments received will when the interim rule is published, the the Freedom of Information Act (FOIA) be posted without change to http:// Department of Defense’s Director of process. www.regulations.gov, including any Defense Procurement and Acquisition The new FAR clause will be personal and/or business confidential Policy issued a Class Deviation for the implemented in the following manner: information provided. Department on October 12, 2010 (see a. New contracts. On or after the effective date of this interim rule, FOR FURTHER INFORMATION CONTACT: Mr. http://www.acq.osd.mil/dpap/policy/ contracting officers will be required to Edward Loeb, Procurement Analyst, at policyvault/USA005830-10-DPAP.pdf). insert the FAR clause 52.209–9, in (202) 501–0650 for clarification of On October 14, 2010, the Civilian accordance with the prescription at FAR content. For information pertaining to Agency Acquisition Council (CAAC) 9.104–7(c), in solicitations issued on or status or publication schedules, contact Chair issued a Consultation for Class Deviation letter recommending that after the date of this rule and resultant the Regulatory Secretariat at (202) 501– civilian agencies authorize a class contracts. As explained immediately 4755. Please cite FAC 2005–49, FAR deviation (see https:// above in paragraph 2. of this Case 2010–016. www.acquisition.gov/comp/caac/ Background, information posted under SUPPLEMENTARY INFORMATION: caacletters/CAAC-Letter-2011-01.pdf). the new clause on or after April 15, I. Background Both the DoD deviation and the CAAC 2011, except for past performance letter provide a contract clause that reviews, will be released to the public. DoD, GSA, and NASA published a complies with section 3010 and was Information posted before April 15, final rule in the Federal Register at 75 expected to be included in the interim 2011, will continue to be handled under FR 14059 on March 23, 2010, FAR Case rule. Agencies were encouraged to take FOIA. However, the clause at FAR 2008–027, Federal Awardee advantage of the deviations until this 52.209–9, Alternate I, requires this Performance and Integrity Information FAPIIS interim rule became effective. information to be reposted if a six- System, to implement the requirements To implement section 3010, the month update will be due on or after of FAPIIS. This rule became effective on following steps have been, or are being April 15, 2011. The reposted April 22, 2010. That rulemaking and the taken: information will be made available to associated launch of FAPIIS in April 1. Enhanced FAPIIS functionality. the public. 2010 are part of an ongoing effort by the The Managers of the FAPIIS system, in b. Existing contracts. Prior to April 15, Administration to enhance the consultation with the Civilian Agency 2011, contracting officers will be Government’s ability to evaluate the Acquisition Council and the Defense required to bilaterally modify existing business ethics and quality of Acquisition Regulations Council (the contracts (including indefinite-delivery prospective contractors competing for Councils), are making changes to the indefinite-quantity contracts) that Federal contracts. That rulemaking also FAPIIS architecture to support the contain the FAR clause 52.209–8, if a addresses requirements set forth in transparency requirements of section six-month update will be due on or after section 872 of the Clean Contracting Act 3010. The current architecture, April 15, 2011. The modification shall of 2008 (subtitle G of title VIII of Pub. consistent with the rule effective on replace the FAR clause 52.209–8 with L. 110–417) (41 U.S.C. 417b) for a April 22, 2010, provides a one-stop the new FAR clause 52.209–9. If the system containing specific information information system to help acquisition contracting officer is unable to negotiate on the integrity and performance of officials make informed decisions about this modification prior to April 15, covered Federal agency contractors. an offeror’s business integrity, but lacks 2011, the contracting officer will be Additional information on FAR Case the functionality to make information required to obtain approval at least one 2008–027 may be found in the Federal immediately available to the public as it level above the contracting officer to Register at 75 FR 14059, March 23, is posted in the system. On and after negotiate an alternate resolution. 2010. April 15, 2011, when system changes 3. FAPIIS and CCR Notice. A notice With respect to the availability of are completed, information posted to has been posted on the FAPIIS Web site, information in FAPIIS, section 872(e)(1) FAPIIS by offerors, contractors, and available at http:// states, in pertinent part, that the Government personnel will be publicly www.cpars.csd.disa.mil/ Administrator of General Services ‘‘shall available in accordance with section FAPIISmain.htm, as well as on the ensure that the information in the 3010. Central Contractor Registration at database is available to appropriate 2. New FAR clause. The Councils http://www.ccr.gov through which acquisition officials of Federal agencies have developed a new FAR clause offerors submit certain information to and to such other government officials 52.209–9, Updates of Publicly Available FAPIIS to alert offerors, contractors, and as the Administrator determines Information Regarding Responsibility Government officials to the appropriate.’’ Section 3010 of the Matters, to replace the current FAR requirements of section 3010 and the Supplemental Appropriations Act, 2010 clause 52.209–8, Updates of Information actions they need to take in

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implementing this law. For contracting IV. Paperwork Reduction Act PART 1—FEDERAL ACQUISITION officers, this includes taking appropriate REGULATIONS SYSTEM steps to ensure that they do not post The interim rule does not contain any information in the system on or after new information collection 1.106 [Amended] April 15, 2011, that would create a harm requirements that require the approval ■ 2. Amend section 1.106, in the table protected by a disclosure exemption of the Office of Management and Budget following the introductory text, by under FOIA. For example, heightened under the Paperwork Reduction Act (44 adding in numerical sequence, FAR attention might need to be given to U.S.C. chapter 35). The existing burden segment ‘‘52.209–7’’ and its whether documentation supporting a hours for the information collection corresponding OMB Control Number non-responsibility determination or requirements that will now be in ‘‘9000–0174’’, and FAR segment termination for default decision should 52.209–7 and 52.209–9 were initially ‘‘52.209–9’’ and its corresponding OMB be redacted before the determination or approved under OMB clearance 9000– Control Number ‘‘9000–0174’’. decision is posted. 0174 with regard to FAR Case 2008–027, The Federal Acquisition Regulatory with a reference only to 52.209–7, PART 9—CONTRACTOR Council (OFPP, DoD, GSA, and NASA) because initially all burdens were QUALIFICATIONS are continuing to consider the need for included in that provision. However, in additional regulatory or other guidance the final rule under FAR Case 2008–027, ■ 3. Amend section 9.104–7 by revising to address the implementation of the ongoing portion of the reporting to paragraph (c) to read as follows: FAPIIS was separated out of the FAR section 3010 and welcome public 9.104–7 Solicitation provisions and comment on this issue. provision 52.209–7 and incorporated contract clauses. Finally, this rule makes several into FAR clause 52.209–8. This transfer * * * * * conforming changes and technical did not change the number of approved (c)(1) The contracting officer shall corrections: hours. In this case, the burden for • FAR 9.104–7 and 12.301—Modifies 52.209–8 is transferred to 52.209–9, insert the clause at 52.209–9, Updates of the clause prescriptions to prescribe the again without any change to the burden Publicly Available Information new clause. hours initially approved under OMB Regarding Responsibility Matters— • FAR 52.209–7—Relocates the clearance 9000–0174. (i) In solicitations where the resultant definition of ‘‘Principal’’, in alphabetical contract value is expected to exceed order, in paragraph (a) of the clause. V. Determination To Issue an Interim $500,000; and Rule (ii) In contracts in which the offeror II. Executive Order 12866 checked ‘‘has’’ in paragraph (b) of the A determination has been made under This is a significant regulatory action provision 52.209–7. the authority of the Secretary of Defense and, therefore, was subject to review (2) For solicitations issued prior to (DoD), the Administrator of General under Section 6(b) of Executive Order April 15, 2011, and resultant contracts, Services (GSA), and the Administrator 12866, Regulatory Planning and Review, use the clause with its Alternate I. of the National Aeronautics and Space dated September 30, 1993. This rule is Administration (NASA) that urgent and not a major rule under 5 U.S.C. 804. PART 12—ACQUISITION OF compelling reasons exist to promulgate COMMERCIAL ITEMS III. Regulatory Flexibility Act this interim rule without prior ■ DoD, GSA, and NASA do not expect opportunity for public comment. This 4. Amend section 12.301 by revising this interim rule to have a significant action is necessary because the rule paragraph (d)(4) to read as follows: implements section 3010 of the economic impact on a substantial 12.301 Solicitation provisions and number of small entities within the Supplemental Appropriations Act, 2010 contract clauses for the acquisition of meaning of the Regulatory Flexibility (Pub. L. 111–212), which was signed on commercial items. July 29, 2010, and was effective upon Act, 5 U.S.C. 601, et seq., because this * * * * * enactment. However, pursuant to 41 rule just notifies the contractors that the (d) * * * U.S.C. 418b and FAR 1.501–3(b), DoD, public will have access to the database. (4)(i) Insert the clause at 52.209–9, GSA, and NASA will consider public The rule does not impose any new Updates of Publicly Available comments received in response to this burdens on small entities but just makes Information Regarding Responsibility interim rule in the formation of the final editorial changes to 52.209–7 and Matters, as prescribed in 9.104–7(c). rule. transfers the information collection (ii) Use the clause with its Alternate requirement of 52.209–8 to new clause List of Subjects in 48 CFR Parts 1, 9, 12, I as prescribed in 9.104–7(c)(2). 52.209–9. and 52 * * * * * Therefore, an Initial Regulatory Flexibility Analysis has not been Government procurement. PART 52—SOLICITATION PROVISIONS performed. DoD, GSA, and NASA invite Dated: January 19, 2011. AND CONTRACT CLAUSES comments from small business concerns Michael O. Jackson, and other interested parties on the ■ 5. Amend section 52.209–7 by— expected impact of this rule on small Acting Director, Office of Governmentwide ■ a. Revising the date of the provision; Acquisition Policy. entities. ■ b. Adding to paragraph (a), in DoD, GSA, and NASA will also Therefore, DoD, GSA, and NASA alphabetical order, the definition consider comments from small entities amend 48 CFR parts 1, 9, 12, and 52 as ‘‘Principal’’; concerning the existing regulations in set forth below: ■ c. Removing from paragraph (d) the subparts affected by the rule in word ‘‘enter’’ and adding the word ‘‘post’’ accordance with 5 U.S.C. 610. Interested ■ 1. The authority citation for 48 CFR in its place; and parties must submit such comments parts 1, 9, 12, and 52 continues to read ■ d. Removing the undesignated separately and should cite 5 U.S.C. 610 as follows: paragraph that follows paragraph (d). (FAC 2005–49, FAR Case 2010–016), in Authority: 40 U.S.C. 121(c); 10 U.S.C. The revised and added text reads as correspondence. chapter 137; and 42 U.S.C. 2473(c). follows:

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52.209–7 Information Regarding as long as the associated information is and National Aeronautics and Space Responsibility Matters. retained, i.e., for a total period of 6 years. Administration (NASA). * * * * * Contractor comments will remain a part of the record unless the Contractor revises ACTION: Small Entity Compliance Guide. Information Regarding Responsibility them. Matters (JAN 2011) (3)(i) Public requests for system SUMMARY: This document is issued information posted prior to April 15, 2011, (a) * * * will be handled under Freedom of under the joint authority of DOD, GSA, Principal means an officer, director, Information Act procedures, including, and NASA. This Small Entity owner, partner, or a person having where appropriate, procedures promulgated Compliance Guide has been prepared in primary management or supervisory under E.O. 12600. accordance with section 212 of the responsibilities within a business entity (ii) As required by section 3010 of Public Small Business Regulatory Enforcement (e.g., general manager; plant manager; Law 111–212, all information posted in Fairness Act of 1996. It consists of a head of a division or business segment; FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly summary of rules appearing in Federal and similar positions). available. Acquisition Circular (FAC) 2005–49, * * * * * which amend the Federal Acquisition (End of clause) 52.209–8 [Removed and reserved] Regulation (FAR). Interested parties may Alternate I (JAN 2011). As prescribed in ■ 6. Remove and reserve section obtain further information regarding 9.104–7(c)(2), redesignate paragraph (a) of the these rules by referring to FAC 2005–49, 52.209–8. basic clause as paragraph (a)(1) and add the ■ 7. Add section 52.209–9 to read as following paragraph (a)(2): which precedes this document. The follows: (2) At the first semi-annual update on or documents are also available via the after April 15, 2011, the Contractor shall post Internet at http://www.regulations.gov. 52.209–9 Updates of Publicly Available again any required information that the Information Regarding Responsibility Contractor posted prior to April 15, 2011. DATES: For effective dates see separate Matters. documents, which follow. [FR Doc. 2011–1323 Filed 1–21–11; 8:45 am] As prescribed at 9.104–7(c), insert the BILLING CODE 6820–EP–P FOR FURTHER INFORMATION CONTACT: The following clause: analyst whose name appears in the table Updates of Publicly Available below. Please cite FAC 2005–49 and the Information Regarding Responsibility DEPARTMENT OF DEFENSE specific FAR case number. For Matters (JAN 2011) GENERAL SERVICES information pertaining to status or ADMINISTRATION publication schedules, contact the (a) The Contractor shall update the Regulatory Secretariat at (202) 501– information in the Federal Awardee Performance and Integrity Information NATIONAL AERONAUTICS AND 4755. System (FAPIIS) on a semi-annual basis, SPACE ADMINISTRATION throughout the life of the contract, by posting the required information in the Central 48 CFR Chapter 1 Contractor Registration database at http:// www.ccr.gov. [Docket FAR 2011–0077, Sequence 1] (b)(1) The Contractor will receive notification when the Government posts new Federal Acquisition Regulation; information to the Contractor’s record. Federal Acquisition Circular 2005–49; (2) The Contractor will have an Small Entity Compliance Guide opportunity to post comments regarding information that has been posted by the AGENCY: Department of Defense (DoD), Government. The comments will be retained General Services Administration (GSA),

LIST OF RULE IN FAC 2005–49

Subject FAR case Analyst

Public Access to the Federal Awardee Performance and Integrity Information System (Interim) ...... 2010–016 Loeb.

SUPPLEMENTARY INFORMATION: A (Pub. L. 111–212), enacted July 29, Contracting officers are encouraged to summary for the FAR rule follows. For 2010. Section 3010 requires that the the extent feasible to amend existing the actual revisions and/or amendments Administrator of the General Services solicitations in accordance with FAR made by this FAR case, refer to FAR post all information contained in the 1.108(d), in order to include this revised Case 2010–016. Federal Awardee Performance and clause in contracts to be awarded on or FAC 2005–49 amends the FAR as Integrity Information System (FAPIIS), after the effective date of this rule. specified below: excluding past performance reviews, on Dated: January 19, 2011. a publicly available Web site. Public Access to the Federal Awardee This interim rule notifies contractors Michael O. Jackson, Performance and Integrity Information that FAPIIS data, excluding past Acting Director, Office of Governmentwide System (FAR Case 2010–016) (Interim) performance reviews, will be available Acquisition Policy. This interim rule amends the FAR to to the public after a certain date, and [FR Doc. 2011–1322 Filed 1–21–11; 8:45 am] implement section 3010 of the creates a new FAR clause to support the BILLING CODE 6820–EP–P Supplemental Appropriations Act, 2010 posting of information in FAPIIS.

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Part IV

Department of Housing and Urban Development

24 CFR Parts 5, 200, 203, et al. Equal Access to Housing in HUD Programs—Regardless of Sexual Orientation or Gender Identity; Proposed Rule

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DEPARTMENT OF HOUSING AND Commenters should follow the individuals and families. HUD fulfills URBAN DEVELOPMENT instructions provided on that site to this responsibility by taking such submit comments electronically. actions as necessary so that all who are 24 CFR Parts 5, 200, 203, 236, 570, 574, 2. Submission of Comments by Mail. otherwise eligible to participate in HUD and 982 Comments may be submitted by mail to programs will not be excluded based on [Docket No. FR 5359–P–01] the Regulations Division, Office of criteria that are irrelevant to the purpose General Counsel, Department of of HUD’s programs, such as sexual RIN 2501–AD49 Housing and Urban Development, 451 orientation or gender identity. 7th Street, SW., Room 10276, There is evidence suggesting that Equal Access to Housing in HUD Washington, DC 20410–0500. LGBT individuals and families do not Programs—Regardless of Sexual have equal access to housing. For Orientation or Gender Identity Note: To receive consideration as public comments, comments must be submitted example, a 2007 study of housing AGENCY: Office of the Secretary, HUD. through one of the two methods specified discrimination based on sexual orientation conducted by Michigan fair ACTION: Proposed rule. above. Again, all submissions must refer to the docket number and title of the rule. housing centers found disparate SUMMARY: As the Nation’s housing No Facsimile Comments. Facsimile treatment in 32 out of 120 fair housing agency, HUD administers programs (FAX) comments are not acceptable. tests it conducted. Testers posing as gay designed to meet the goal of ensuring Public Inspection of Public or lesbian home seekers received decent housing and suitable living Comments. All properly submitted unfavorable treatment on issues such as environment for all. In pursuit of this comments and communications whether housing was available, the goal, it is HUD’s responsibility to ensure submitted to HUD will be available for amount of rent, application fees, and that all who are otherwise eligible to public inspection and copying between levels of encouragement as compared to participate in HUD’s programs have 8 a.m. and 5 p.m. weekdays at the above testers posing as heterosexual home equal access to these programs and have address. Due to security measures at the seekers. The gay and lesbian testers also the opportunity to compete fairly for HUD Headquarters building, an were subjected to offensive comments. HUD funds without being subject to appointment to review the public See Michigan Fair Housing Center’s ‘‘ arbitrary exclusion. comments must be scheduled in Report on Sexual Orientation and Housing Discrimination in Michigan’’ There is evidence, however, that advance by calling the Regulations January 2007 at http:// lesbian, gay, bisexual, and transgender Division at 202–708–3055 (this is not a www.fhcmichigan.org/images/ (LGBT) individuals and families are toll-free number). Individuals with being arbitrarily excluded from some Arcus_web1.pdf. speech or hearing impairments may A recent survey of more than 6,000 housing opportunities in the private access this number via TTY by calling sector. Through this proposed rule, transgender persons conducted by the the Federal Information Relay Service at National Center for Transgender HUD strives to ensure that its core 800–877–8339. Copies of all comments programs are open to all eligible Equality and the National Gay and submitted are available for inspection Lesbian Task Force (Task Force) individuals and families regardless of and downloading at http:// sexual orientation or gender identity. indicated significant levels of housing www.regulations.gov. instability for transgender people. DATES: Comment Due Date: March 25, FOR FURTHER INFORMATION CONTACT: 2011. Twenty-six percent of respondents Kenneth J. Carroll, Director, Fair reported having to find different places ADDRESSES: Interested persons are Housing Assistance Program Division, to sleep for short periods of time due to invited to submit comments regarding Office of Fair Housing and Equal bias. Eleven percent of respondents this proposed rule to the Regulations Opportunity, Department of Housing reported having been evicted due to Division, Office of General Counsel, and Urban Development, 451 7th Street, bias, and 19 percent reported becoming Department of Housing and Urban SW., Room 5206, Washington, DC homeless due to bias. See November Development, 451 7th Street, SW., 20410–8000; telephone number 202– 2009, ‘‘Preliminary Findings, National Room 10276, Washington, DC 20410– 708–2333 (this is not a toll-free Transgender Discrimination Survey,’’ at 0500. There are two methods for number). Persons with hearing or http://www.thetaskforce.org/ submitting public comments. All speech challenges may access this reports_and_research/ submissions and other communications number through TTY by calling the toll- trans_survey_preliminary_findings. must refer to the above docket number free Federal Information Relay Service In light of the increasing awareness of and title. at 800–877–8339. housing discrimination against LGBT 1. Electronic Submission of SUPPLEMENTARY INFORMATION: persons, a growing number of States, Comments. Interested persons may counties, and cities are enacting laws submit comments electronically through I. Background that prohibit discrimination in housing the Federal eRulemaking Portal at Like all Federal agencies, HUD is on the basis of sexual orientation or http://www.regulations.gov. HUD charged with ensuring equal access to gender identity. Twenty States, the strongly encourages commenters to Federal programs that it administers. District of Columbia, and over 200 submit comments electronically. HUD also has a unique charge, as the localities have enacted such laws.2 The Electronic submission of comments Nation’s housing agency, to promote the legislative records of some of these allows the commenter maximum time to Federal goal of providing decent enactments are a source of further prepare and submit a comment, ensures housing and a suitable living evidence of housing discrimination timely receipt by HUD, and enables environment for all.1 Accordingly, HUD HUD to make them immediately has a responsibility to ensure equal 2 See, e.g., Laws Prohibiting Discrimination Based available to the public. Comments access to its core rental assistance and on Sexual Orientation and Gender Identity submitted electronically through the (Institute of Real Estate Management (IREM) homeownership programs for all eligible Legislative Staff July 2007, which is available at http://www.regulations.gov Web site can http://www.irem.org/pdfs/publicpolicy/Anti- be viewed by other commenters and 1 This goal is rooted in section 2 of the Housing discrimination.pdf); see also http://www.hrc.org/ interested members of the public. Act of 1949, 42 U.S.C. 1441. issues/5499.htm.

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based on sexual orientation or gender the context of the Federal workforce in orientation or gender identity.’’ The identity. For example, in a State its publication ‘‘Addressing Sexual regulations for the HUD programs to legislative hearing on a proposed Orientation in Federal Civilian which the prohibition on such inquiries amendment to the North Dakota fair Employment: A Guide to Employee apply already include cross-reference to housing law that would add sexual Rights.’’ (See http://www.opm.gov/er/ § 5.105, and with the amendment to this orientation to the list of protected address.pdf at page 4.) The rule would section, the cross-reference would now characteristics, a woman recounted how define ‘‘gender identity,’’ consistent with include the prohibition in § 5.105(a). she and her partner were evicted once the definition of ‘‘gender identity’’ in the This policy prohibiting inquiries the landlord learned her partner was not Matthew Shepard and James Byrd, Jr. regarding sexual orientation or gender a man. See ‘‘Gay-rights Advocates Press Hate Crimes Prevention Act, Public Law identity is undertaken pursuant to for Change in N.D. Law,’’ February 4, 111–84, Division E, Section 4707(c)(4) HUD’s general rulemaking authority 2009, Bismarck Tribune, at http:// (18 U.S.C. 249(c)(4)), as ‘‘actual or granted by section 7(d) of the www.bismarcktribune.com/news/state- perceived gender-related Department of Housing and Urban and-regional/article_fb795f86-fc42- characteristics.’’ Development Act (42 U.S.C. 3535(d)) and HUD’s specific rulemaking 5184-b6d6-ad424e3243ce.html. B. Prohibiting Inquiries Regarding The U.S. Congress has acted to protect authority to establish eligibility criteria Sexual Orientation or Gender Identity the rights of LGBT individuals to be free for participation in HUD programs from bias-motivated crime. In October To further ensure equal access to granted by the statutes that establish the 2009, Federal legislation was enacted HUD’s housing and housing-related various HUD programs. service programs without regard to adding certain crimes motivated by a C. Prohibiting Sexual Orientation and sexual orientation or gender identity, victim’s actual or perceived sexual Gender Identity as Grounds for HUD is proposing to prohibit inquiries orientation or gender identity to the list Decisionmaking in Federal Housing regarding sexual orientation or gender of hate crimes covered by existing Administration (FHA) Programs Federal law. See Matthew Shepard and identity. This prohibition would James Byrd, Jr. Hate Crimes Prevention preclude owners and operators of HUD- Section 203.33(b) of HUD’s FHA Act, Division E of the National Defense assisted housing or housing whose regulations (24 CFR 203.33(b)) provides Authorization Act for Fiscal Year 2010 financing is insured by HUD from that a mortgagee’s determination of the (Pub. L. 111–84, approved October 28, inquiring about the sexual orientation or adequacy of a single-family mortgagor’s 2009). In support of this enactment, gender identity of an applicant for, or income ‘‘shall be made in a uniform Congress found that violence motivated occupant of, the dwelling, whether manner without regard to’’ specified by the actual or perceived sexual renter- or owner-occupied. While the prohibited grounds. The proposed rule orientation or gender identity of the rule prohibits inquiries regarding sexual would add actual or perceived sexual victim ‘‘poses a serious national orientation or gender identity, nothing orientation and gender identity to the problem’’ because, among other things, in the rule prohibits any individual prohibited grounds enumerated in 24 it ‘‘devastates not just the actual victim from voluntarily self-identifying his or CFR 203.33(b) to ensure FHA-insured and the family and friends of the victim, her sexual orientation or gender lenders do not deny or otherwise alter but frequently savages the community identity. Additionally, this rule is not the terms of mortgages on the basis of sharing the traits that caused the victim intended to prohibit otherwise lawful criteria that are irrelevant to the purpose to be selected.’’ (See Pub. L. 111–84, inquiries of an applicant or occupant’s of obtaining FHA-mortgage insurance. Division E, Sec. 4702(1), (5).) sex where the housing provided or to be D. Eligible Families in HUD Programs In considering the mounting evidence provided to the individual involves the For the following HUD regulations of violence and discrimination against sharing of sleeping areas or bathrooms. specified below, this proposed rule LGBT persons, the Department is Through this rulemaking, HUD is clarifies that all otherwise eligible concerned that its own programs may proposing to institute this policy in its families, regardless of marital status, not be fully open to LGBT individuals rental assistance and homeownership sexual orientation, or gender identity, and families. Accordingly, consistent programs, which include HUD’s Federal have the opportunity to participate in with steps being taken at all levels of Housing Administration (FHA) HUD programs. The majority of HUD’s government to protect LGBT persons mortgage insurance programs, rental housing and homeownership from discrimination, HUD is initiating community development programs, and 3 programs already interpret ‘‘family’’ this rulemaking in an effort to ensure public and assisted housing programs. broadly. Family includes a single person that its rental housing and This prohibition on inquiries regarding and families with or without children, homeownership programs remain open sexual orientation or gender identity just to cite two examples. This proposed to all eligible persons regardless of would be provided in a new paragraph rule clarifies that families who are sexual orientation or gender identity. (a)(2) added to 24 CFR 5.105. Section 5.105 of HUD’s regulations is entitled otherwise eligible for HUD programs II. This Proposed Rule ‘‘Other Federal Requirements.’’ The may not be excluded because one or more members of the family may be an A. Defining Sexual Orientation and proposed rule would divide the existing LGBT individual or have an LGBT Gender Identity paragraph (a) into two new subparagraphs. The text in the current relationship or be perceived to be such The proposed rule would amend 24 paragraph (a) would become an individual or in such relationship. CFR 5.100, which contains definitions subparagraph (a)(1), but retain the This section lists the HUD programs generally applicable to HUD programs, heading and content as currently found for which this proposed rule clarifies to include definitions of ‘‘sexual in § 5.105(a). A new subparagraph (a)(2) and confirms the broad meaning of orientation’’ and ‘‘gender identity.’’ would be added, entitled ‘‘Prohibition family. Section 5.100 would define ‘‘sexual 1. Section 8 Tenant-Based Assistance on inquiries regarding sexual orientation’’ as ‘‘homosexuality, (Housing Choice Voucher Program) and ’’ heterosexuality, or bisexuality. This is 3 Institution of this policy in HUD’s Native Public Housing Programs (24 CFR part the definition that the Office of American programs will be undertaken by separate 5 and 24 CFR part 982). The proposed Personnel Management (OPM) uses in rulemaking. rule would amend the regulations in 24

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CFR 5.403, which contains the member is, respectively, for each of CFR 200.3. This regulatory section definitions applicable to HUD’s Housing these terms, a person with disabilities, would be amended to cross-reference to Choice Voucher (HCV) and public a person at least 62 years of age, or a ‘‘family’’ in 24 CFR 5.403. housing programs. The term ‘‘family,’’ person who is at least 50 years of age In addition to the proposed provided in part 5 for these HUD but below the age of 62. To each of these amendment to 24 CFR 200.3, HUD terms, the proposed rule adds the term programs, is based on section 3 of the proposes to amend 24 CFR 236.1. U.S. Housing Act of 1937 (42 U.S. ‘‘co-head.’’ ‘‘Co-head’’ is a term that has long been Section 236.1(a) contains the savings 1437a) (1937 Act). Section 3(b)(3)(B) of clause of applicable regulations for the the 1937 Act provides as follows: used in supplementary documents to HUD’s rental assistance programs. Form mortgages insured under the Rental and Families.—The term ‘‘families’’ includes Cooperative Housing for Lower Income families with children and, in the cases of HUD–50058 pertaining to the Multifamily Tenant Characteristics Families Program, for which new elderly families, near-elderly families, and mortgages have not been insured since disabled families, means families whose System (MTCS) and its accompanying heads (or their spouses), or whose sole Instruction Booklet use the term ‘‘co- 1983. Although no new mortgages are members, are elderly, near-elderly, or head’’ and provides that ‘‘co-head’’ is an insured under this program, authority persons with disabilities, respectively. The individual in the household who is remains to refinance mortgages insured term includes, in the cases of elderly equally responsible for the lease with under section 236 of the National families, near-elderly families, and disabled the head of household. HUD’s Web page Housing Act (NHA) or to finance, families, 2 or more elderly persons, near- devoted to frequently asked questions pursuant to section 236(j)(3) of the elderly persons, or persons with disabilities about general income and rent NHA, the purchase by a cooperative or living together, and 1 or more such persons nonprofit corporation or association of a living with 1 or more persons determined determination for HUD’s rental housing under the public housing agency plan to be programs provides in the answer to project assisted under section 236. The essential to their care or well-being. question 38 an example of co-head as proposed amendment would provide follows: ‘‘An example of this [co-head] that the term ‘‘family’’ in 24 CFR 200.3(a) Section 3(b)(3)(A) of the 1937 Act would be an unmarried couple or two applies to any refinancing of a mortgage provides that the term ‘‘single person’’ persons living together and listed as insured under section 236 of the NHA, includes a family that consists of a head and co-head on the lease or to financing, pursuant to section single person. (See Section 3(b)(3)(C) of agreement.’’ (See http://www.hud.gov/ the 1937 Act.) Section 3(b)(3)(C) 236(j)(3) of the NHA, of the purchase, by offices/pih/programs/ph/rhiip/ a cooperative or nonprofit corporation provides that the temporary absence of faq_gird.cfm). a child from a home due to placement or association, of a project assisted The inclusion in the proposed under section 236. in foster care shall not be considered in amendment to § 5.403 of ‘‘co-head,’’ determining family composition and again a familiar term to housing 3. Community Development Block family size, meaning that a child, providers of HUD assistance, would not Grants (CDBG) Programs (24 CFR Part although absent from the home, is still change the meaning of the statutory 570). Section 570.3 of the CDBG considered a family member. Sections term ‘‘heads’’ of household, which is not regulations (24 CFR part 570, subpart A) 3(b)(3)(D), (E), (F), and (G) also specify currently defined in statute or provides basic definitions that are the meaning of the following terms: regulation. The inclusion would merely applicable to all CDBG programs. The elderly person, person with disabilities, codify HUD’s existing interpretation of proposed rule would amend 24 CFR displaced person, and near-elderly ‘‘heads,’’ which, as noted above, 570.3 to cross-reference to the term person. All of these statutory terms are recognizes that some families living in ‘‘family’’ in 24 CFR 5.403. The proposed currently captured in the term ‘‘family’’ HUD-assisted rental housing have more rule would revise the term ‘‘household’’ in § 5.403. than one family head. Nor would in § 570.3, another term used in CDBG These statutory terms result in an including the term ‘‘co-head’’ in programs, to ensure there is no expansive view of what can constitute a ‘‘disabled family,’’ ‘‘elderly family,’’ and exclusion of an eligible household on family, and the 1937 Act provides ‘‘near-elderly family’’ alter or expand the the basis of sexual orientation or gender examples of what the term ‘‘families’’ meaning of ‘‘spouse.’’ Consistent with identity. The revisions to ‘‘household’’ includes but does not limit the longstanding HUD interpretation, a head would also remove some redundancy in composition of families to the statutory and co-head of the family may be a terminology. The current term examples. Consistent with the broad married couple, an unmarried couple, or ‘‘household’’ provides that occupants of meaning given to the term family by the two adults living together who are listed a household may be a single family or 1937 Act, this proposed rule, clarifies as head and co-head on the lease one person living alone, but the term that a family, however composed, is a agreement. ‘‘family,’’ as discussed earlier in this family regardless of marital status, The proposed rule would add preamble, includes a single person. sexual orientation, or gender. The term ‘‘family,’’ as provided in 24 CFR 5.403, Accordingly, the revisions to ‘‘ ’’ family in § 5.403 is similar in to the list of general definitions in ‘‘household’’ are designed to eliminate ‘‘ substance to the term family § 5.100, and clarify that the term is any conflict between the terms composition’’ in § 982.201, but HUD applicable to all HUD programs unless ‘‘household’’ and ‘‘family.’’ finds that the statutory terms are more otherwise provided in the regulations coherently reflected in § 982.201. for a specific HUD program. 4. Housing Opportunities for Persons Therefore, in addressing the term The proposed rule also would add to With AIDS (HOPWA) (24 CFR Part 574). ‘‘family’’ in § 5.403, HUD has structured 24 CFR 982.4 and § 982.201 a cross- The proposed rule would amend 24 CFR the organization of this term as found in reference to the term ‘‘family’’ in 24 CFR 574.3 to cross-reference to ‘‘family’’ in 24 § 982.201. 5.403. CFR 5.403, and to remove obsolete This proposed rule also would amend 2. Federal Housing Administration language that states that for a person to the terms ‘‘disabled family,’’ ‘‘elderly (FHA) Programs (24 CFR Parts 200, 203, be eligible to live with another person, family,’’ and ‘‘near-elderly family’’ in 236, and 291). Basic definitions that are the other person must be determined to § 5.403. Each of these terms is stated as generally applicable to all FHA be important to the person’s care or a family whose head, spouse, or sole multifamily programs are found in 24 well-being.

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E. HUD Programs for Which Eligible IV. Findings and Certifications Environmental Impact Family Does Not Require Amendment Executive Order 12866, Regulatory This proposed rule sets forth The proposed rule does not revise the Planning and Review nondiscrimination standards. term ‘‘family’’ in the regulations for the Accordingly, under 24 CFR 50.19(c)(3), OMB reviewed this proposed rule Home Investment Partnership Program, this rule is categorically excluded from under Executive Order 12866 (entitled which are codified at 24 CFR part 92. environmental review under the ‘‘Regulatory Planning and Review’’). A ‘‘Family’’ in § 92.2 already cross- National Environmental Policy Act of determination was made that this references to the term family in § 5.403. 1969 (42 U.S.C. 4321). proposed rule is a ‘‘significant regulatory The proposed rule would not amend the action,’’ as defined in section 3(f) of the part 891 definitions of ‘‘household’’ Executive Order 13132, Federalism Order (although not economically (§ 891.105), ‘‘elderly person’’ (§ 891.205), significant, as provided in section 3(f)(1) Executive Order 13132 (entitled or ‘‘disabled household’’ (§ 891.305) of the Order). The docket file is ‘‘Federalism’’) prohibits an agency from governing programs that provide available for public inspection in the publishing any rule that has federalism Supportive Housing for the Elderly and Regulations Division, Office of General implications if the rule either: (i) Persons with Disabilities. These Counsel, Department of Housing and Imposes substantial direct compliance programs already provide meanings for Urban Development, 451 7th Street, costs on State and local governments the term family. SW., Room 10276, Washington, DC and is not required by statute, or (ii) Additionally, the rule does not 20410–0500. Due to security measures preempts State law, unless the agency propose to amend the term ‘‘family’’ in at the HUD Headquarters building, meets the consultation and funding the Project-Based Voucher (PBV) please schedule an appointment to requirements of section 6 of the Program regulations, codified at 24 CFR review the docket file by calling the Executive Order. This proposed rule part 983. The PBV regulations, in Regulations Division at 202–402–3055 would not have federalism implications § 983.4, already cross-reference to the (this is not a toll-free number). and would not impose substantial direct definitions in 24 CFR part 5, subpart D, Individuals with speech or hearing compliance costs on State and local which includes the § 5.403. impairments may access this number governments or preempt State law F. Changes to HUD Forms via TTY by calling the Federal within the meaning of the Executive Information Relay Service at 800–877– Order. 8339. This rule, as proposed, does not Unfunded Mandates Reform Act impose any new information collection Regulatory Flexibility Act requirements on participants in the Title II of the Unfunded Mandates covered HUD programs. Rather than The Regulatory Flexibility Act (RFA) Reform Act of 1995 (2 U.S.C. 1531– requiring collection of information, the (5 U.S.C. 601 et seq.) generally requires 1538) (UMRA) establishes requirements rule prohibits inquiries regarding sexual an agency to conduct a regulatory for Federal agencies to assess the effects orientation or gender identity of any flexibility analysis of any rule subject to of their regulatory actions on State, individual or family receiving housing notice and comment rulemaking local, and Tribal governments, and on assistance or benefitting from mortgage requirements, unless the agency certifies the private sector. This proposed rule insurance under the covered HUD that the rule will not have a significant would not impose any Federal mandates programs. At the final rule stage, if HUD economic impact on a substantial on any State, local, or Tribal identifies any forms for which the number of small entities. This proposed governments, or on the private sector, regulatory citation to the term ‘‘family’’ rule would not impose any new costs, within the meaning of the UMRA. must be included as a result of or modify existing costs, applicable to List of Subjects promulgation of this rule, HUD will HUD grantees. Rather, the purpose of work with the Office of Management the proposed rule is to ensure open 24 CFR Part 5 and Budget (OMB) to include such term. access to HUD’s core programs, As noted earlier in this preamble, such regardless of sexual orientation or Administrative practice and inquiry is irrelevant to an individual’s gender identity. In this rule, HUD procedure, Aged, Claims, Drug abuse, or family’s eligibility to participate in a affirms the broad meaning of ‘‘family’’ Drug traffic control, Grant programs— HUD-covered program. that is already provided for in HUD housing and community development, programs by statute. The only Grant programs—Indians, Individuals III. Solicitation of Comments clarification that HUD makes is that a with disabilities, Loan programs— The Department welcomes comment family is a family as currently provided housing and community development, on the amendments proposed in this in statute and regulation, regardless of Low and moderate income housing, rule, including identification of any marital status, sexual orientation, or Mortgage insurance, Pets, Public program area which may have been gender identity. Accordingly, the housing, Rent subsidies, Reporting and inadvertently overlooked and should undersigned certifies that this rule will recordkeeping requirements. not have a significant economic impact reference ‘‘family’’ in 24 CFR 5.403. The 24 CFR Part 200 Department also welcomes any on a substantial number of small information regarding exclusion or entities. Administrative practice and discrimination on the basis of sexual Notwithstanding HUD’s procedure, Claims, Equal employment orientation or gender identity in HUD determination that this rule will not opportunity, Fair housing, Home programs. Such information will help have a significant effect on a substantial improvement, Housing standards, Lead the Department in its effort to craft number of small entities, HUD poisoning, Loan programs—housing and regulations that will effectively ensure specifically invites comments regarding community development, Mortgage access to HUD programs by all eligible any less burdensome alternatives to this insurance, Organization and functions persons regardless of sexual orientation rule that will meet HUD’s objectives as (Government agencies), Penalties, or gender identity. described in the preamble to this rule. Reporting and recordkeeping.

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24 CFR Part 203 Family has the meaning provided this disability. It may include two or more Hawaiian Natives, Home term in § 5.403, and applies to all HUD persons with disabilities living together, improvement, Indians—lands, Loan programs unless otherwise provided in or one or more persons with disabilities programs—housing and community the regulations for a specific HUD living with one or more live-in aides. development, Mortgage insurance, program. * * * * * Reporting and recordkeeping * * * * * Elderly family means a family whose requirements, Solar energy. Gender identity means actual or head (including co-head), spouse, or perceived gender-related characteristics. sole member is a person who is at least 24 CFR Part 236 * * * * * 62 years of age. It may include two or Grant programs—housing and Sexual orientation means more persons who are at least 62 years community development, Low- and homosexuality, heterosexuality, or of age living together, or one or more moderate-income housing, Mortgage bisexuality. persons who are at least 62 years of age insurance, Rent subsidies, Reporting * * * * * living with one or more live-in aides. and recordkeeping requirements. 4. In § 5.105, the introductory text is Family includes but is not limited to, 24 CFR Part 570 revised, paragraph (a) is redesignated as regardless of marital status, actual or paragraph (a)(1), and a new paragraph perceived sexual orientation, or gender Administrative practice and (a)(2) is added to read as follows: identity, the following: procedure, American Samoa, (1) A single person, who may be an Community development block grants, § 5.105 Other Federal requirements. elderly person, displaced person, Grant programs—education, Grant The requirements set forth in this disabled person, near-elderly person, or programs—housing and community section apply to all HUD programs, any other single person; or development, Guam, Indians, Loan except as may be otherwise noted in the (2) A group of persons residing programs—housing and community respective program regulations in title development, Low and moderate together, and such group includes, but 24 of the CFR, or unless inconsistent is not limited to: income housing, Northern Mariana with statutes authorizing certain HUD Islands, Pacific Islands Trust Territory, (i) A family with or without children programs: (a child who is temporarily away from Puerto Rico, Reporting and (a)(1) Nondiscrimination and equal recordkeeping requirements, Student the home because of placement in foster opportunity. *** care is considered a member of the aid, Virgin Islands. (2) Prohibition on inquiries regarding family); sexual orientation or gender identity. No 24 CFR Part 574 (ii) An elderly family; owner or administrator of HUD-assisted (iii) A near-elderly family; Community facilities, Grant or HUD-insured housing, approved programs—health programs, Grant lender in an FHA mortgage insurance (iv) A disabled family; programs—housing and community program, nor any (or any other) (v) A displaced family; and development, Grant programs—social recipient or subrecipient of HUD funds (vi) The remaining member of a tenant programs, HIV/AIDS, Low and moderate may inquire about the sexual family. income housing, Reporting and orientation, or gender identity of an * * * * * recordkeeping requirements. applicant for, or occupant of, a HUD- Near-elderly family means a family 24 CFR Part 982 assisted dwelling or a dwelling whose whose head (including co-head), Grant programs—housing and financing is insured by HUD, whether spouse, or sole member is a person who community development, Grant renter- or owner-occupied. This is at least 50 years of age but below the programs—Indians, Indians, Public prohibition on inquiries regarding age of 62; or two or more persons, who housing, Rent subsidies, Reporting and sexual orientation or gender identity are at least 50 years of age but below the recordkeeping requirements. does not prohibit any individual from age of 62, living together; or one or more persons who are at least 50 years of age Accordingly, for the reasons stated voluntarily self-identifying his or her but below the age of 62, living with one above, HUD proposes to amend 24 CFR sexual orientation or gender identity. or more live-in aides. parts 5, 200, 203, 236, 570, 574, and 982 This prohibition on inquiries regarding as follows: sexual orientation or gender identity * * * * * does not prohibit lawful inquiries of an PART 5—GENERAL HUD PROGRAM applicant or occupant’s sex where the PART 200—INTRODUCTION TO FHA REQUIREMENTS; WAIVERS housing provided or to be provided to PROGRAMS the individual involves the sharing of 6. The authority citation for 24 CFR 1. The authority citation for 24 CFR sleeping areas or bathrooms. part 5 continues to read as follows: part 200 continues to read as follows: * * * * * Authority: 42 U.S.C. 3535(d), unless Authority: 12 U.S.C. 1702–1715z–21; 42 otherwise noted. Subpart D—Definitions for Section 8 U.S.C. 3535(d). 2. The heading of subpart A is revised and Public Housing Assistance Under 7. Section 200.3(a) is revised to read to read as follows: the United States Housing Act of 1937 as follows: Subpart A—Generally Applicable 5. In § 5.403, the definitions of § 200.3 Definitions. ‘‘Disabled family,’’ ‘‘Elderly family,’’ Definitions and Requirements; Waivers (a) The definitions ‘‘Department,’’ ‘‘family,’’ and ‘‘Near-elderly family’’ are ‘‘Elderly person,’’ ‘‘Family,’’ ‘‘HUD,’’ and 3. In § 5.100, definitions for ‘‘family,’’ revised to read as follows: ‘‘Secretary,’’ as used in this subpart A, ‘‘gender identity,’’ and ‘‘sexual shall have the meanings given these orientation’’ are added to read as § 5.403 Definitions. definitions in 24 CFR part 5. follows: * * * * * Disabled family means a family whose * * * * * § 5.100 Definitions. head (including co-head), spouse, or 8. Section 200.300 is revised to read * * * * * sole member is a person with a as follows:

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§ 200.300 Nondiscrimination and fair under section 236, or to financing family described in this definition who housing policy. pursuant to section 236(j)(3) of the were living in a unit assisted under the Federal Housing Administration purchase, by a cooperative or nonprofit HOPWA program with the person with programs shall be administered in corporation or association of a project AIDS at the time of his or her death. accordance with: assisted under section 236. * * * * * (a) The nondiscrimination and fair * * * * * housing requirements set forth in 24 PART 982—SECTION 8 TENANT- CFR part 5, including the prohibition on PART 570—COMMUNITY BASED ASSISTANCE: HOUSING inquiries regarding sexual orientation or DEVELOPMENT BLOCK GRANTS CHOICE VOUCHER PROGRAM gender identity set forth in 24 CFR 13. The authority citation for 24 CFR 5.105(a)(2); and 17. The authority citation for 24 CFR part 570 continues to read as follows: (b) The affirmative fair housing part 982 continues to read as follows: marketing requirements in 24 CFR part Authority: 42 U.S.C. 3535(d), and 5301– Authority: 42 U.S.C. 1437f and 3535(d). 200, subpart M and 24 CFR part 108. 5320. 18. In § 982.4, paragraphs (a)(1) is PART 203—SINGLE FAMILY Subpart A—General Provisions revised, paragraph (a)(2) is removed, MORTGAGE INSURANCE 14. In § 570.3, the definitions of paragraph (a)(3) is redesignated as new paragraph (a)(2), and the definition of 9. The authority citation for 24 CFR ‘‘family’’ and ‘‘household’’ are revised to read as follows: ‘‘family’’ in paragraph (b) is revised to part 203 continues to read as follows: read as follows: Authority: 12 U.S.C. 1709, 1710, 1715b, § 570.3 Definitions. § 982.4 Definitions. 1715z–16, and 1715u; 42 U.S.C. 3535(d). * * * * * 10. In § 203.33, paragraph (b) is Family refers to the definition of (a) Definitions found elsewhere. (1) revised to read as follows: ‘‘family’’ set out in 24 CFR 5.403. General definitions. The following terms Household means all persons are defined in part 5, subpart A of this § 203.33 Relationship of income to occupying a housing unit. The title: 1937 Act, covered person, drug, mortgage payments. occupants may be a family, as defined drug-related criminal activity, Federally * * * * * in 24 CFR 5.403, two or more families assisted housing, guest, household, (b) Determinations of adequacy of living together, or any other group of HUD, MSA, other person under the mortgagor income under this section related or unrelated persons who share tenant’s control, public housing, Section shall be made in a uniform manner living arrangements, regardless of 8, and violent criminal activity. without regard to race, color, religion, marital status, actual or perceived * * * * * sex, national origin, familial status, sexual orientation, or gender identity. (b) * * * handicap, marital status, actual or * * * * * Family. A person or group of persons, perceived sexual orientation, gender as determined by the PHA consistent identity, source of income of the PART 574—HOUSING with 24 CFR 5.403, approved to reside mortgagor, or location of the property. OPPORTUNITIES FOR PERSONS WITH AIDS in a unit with assistance under the PART 236—MORTGAGE INSURANCE program. See discussion of family AND INTEREST REDUCTION 15. The authority citation for 24 CFR composition at § 982.201(c). PAYMENT FOR RENTAL PROJECTS part 574 continues to read as follows: * * * * * Authority: 42 U.S.C. 3535(d) and 12901– 19. In § 982.201, paragraph (c) is 11. The authority citation for 24 CFR 12912. revised to read as follows: part 236 continues to read as follows: 16. In § 574.3, the definition of § 982.201 Eligibility and targeting. Authority: 12 U.S.C. 1715b and 1715z–1; ‘‘family’’ is revised to read as follows: 42 U.S.C. 3535(d). * * * * * 12. Section 236.1 is amended to add § 574.3 Definitions. (c) Family composition. See definition a sentence at the end of paragraph (a) to * * * * * of ‘‘family’’ in 24 CFR 5.403. read as follows: Family is defined as set forth in 24 * * * * * CFR 5.403 and includes one or more § 236.1 Applicability, cross-reference, and eligible persons living with another Dated: December 1, 2010. savings clause. person or persons, regardless of marital Shaun Donovan, (a) Applicability. * * * The definition status, or actual or perceived sexual Secretary. of family in 24 CFR 200.3(a) applies to orientation or gender identity, and the [FR Doc. 2011–1346 Filed 1–21–11; 8:45 am] any refinancing of a mortgage insured surviving member or members of any BILLING CODE 4210–67–P

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Reader Aids Federal Register Vol. 76, No. 15 Monday, January 24, 2011

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revison date of each title. Presidential Documents 1 CFR 50...... 3540 Executive orders and proclamations 741–6000 52...... 3540 The United States Government Manual 741–6000 Proposed Rules: 72...... 2277 304...... 1542 73...... 1376 Other Services 431...... 648 3 CFR Electronic and on-line services (voice) 741–6020 1021...... 214 Privacy Act Compilation 741–6064 Proclamations: Public Laws Update Service (numbers, dates, etc.) 741–6043 8622...... 2241 12 CFR TTY for the deaf-and-hard-of-hearing 741–6086 8623...... 3817 707...... 3487 8624...... 3819 Proposed Rules: ELECTRONIC RESEARCH Executive Orders: 3...... 1890 World Wide Web 13563...... 3821 208...... 1890 Full text of the daily Federal Register, CFR and other publications Administrative Orders: 225...... 1890 is located at: www.fdsys.gov. Memorandums: 325...... 1890 Federal Register information and research tools, including Public Memorandum of Inspection List, indexes, and links to GPO Access are located at: January 6, 2011 ...... 1977 13 CFR www.ofr.gov. Memo. of January 18, 115...... 2571 2011 (2011-1386) ...... 3825 E-mail Proposed Rules: Memo. of January 18, 107...... 2029 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 2011 (2011-1387) ...... 3827 an open e-mail service that provides subscribers with a digital Notices: 14 CFR form of the Federal Register Table of Contents. The digital form Notice of January 13, 1...... 5 of the Federal Register Table of Contents includes HTML and 2011 ...... 3009 PDF links to the full text of each document. 39 ...... 253, 255, 419, 421, 423, Presidential Determinations: To join or leave, go to http://listserv.access.gpo.gov and select 426, 428, 430, 432, 435, No. 2011-6 of Online mailing list archives, FEDREGTOC-L, Join or leave the list 437, 441, 444, 1339, 1342, November 29, (or change settings); then follow the instructions. 1346, 1349, 1351, 1979, 2010 ...... 1333 PENS (Public Law Electronic Notification Service) is an e-mail 1983, 1985, 1990, 1993, 1996, 2572, 4056 service that notifies subscribers of recently enacted laws. 5 CFR 65...... 9 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 3401...... 1335 and select Join or leave the list (or change settings); then follow 71 ...... 1511, 1512, 1513, 1999, the instructions. Proposed Rules: 2000, 2609, 2799, 2800, 531...... 1096 FEDREGTOC-L and PENS are mailing lists only. We cannot 2801, 3011 575...... 1096 respond to specific inquiries. 77...... 2802 97 ...... 1354, 1355, 4061, 4064 Reference questions. Send questions and comments about the 7 CFR Federal Register system to: [email protected] 135...... 3831 52...... 251 The Federal Register staff cannot interpret specific documents or Proposed Rules: 301 ...... 1337, 1338, 1339, 3011 regulations. 17...... 2035 1491...... 4027 Reminders. Effective January 1, 2009, the Reminders, including 25...... 291, 472 2904...... 3790 Rules Going Into Effect and Comments Due Next Week, no longer 39...28, 31, 34, 42, 46, 50, 292, 3565...... 1 appear in the Reader Aids section of the Federal Register. This 477, 480, 482, 485, 721, information can be found online at http://www.regulations.gov. Proposed Rules: 1552, 1556, 2279, 2281, 185...... 3046 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 2284, 2605, 2607, 2840, 205...... 288 longer appears in the Federal Register. This information can be 2842, 2846, 2848, 3054, 210...... 2494 found online at http://bookstore.gpo.gov/. 3561, 3564, 3566, 3854, 220...... 2494 3856 400...... 718 71 ...... 489, 1377, 1378, 1380, FEDERAL REGISTER PAGES AND DATE, JANUARY 2572, 3569, 3570, 3571 9 CFR 1–250...... 3 77...... 490 251–418...... 4 93...... 4046 15 CFR 419–696...... 5 94...... 4046 697–1058...... 6 95...... 4046 732...... 1059 1059–1332...... 7 201...... 3485 734...... 1059 1333–1510...... 10 Proposed Rules: 740...... 1059 1511–1978...... 11 103...... 2268 748...... 2802 1979–2242...... 12 112...... 2268 772...... 1059 2243–2570...... 13 114...... 2268 774...... 1059 2571–2798...... 14 Proposed Rules: 10 CFR 2799–3010...... 18 30...... 4002 3011–3484...... 19 72...... 2243 922...... 294, 2611 3485–3820...... 20 430...... 972 3821–4026...... 21 Proposed Rules: 16 CFR 4027–4200...... 24 40...... 1100 305...... 1038

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17 CFR 24...... 3502 35...... 709 680...... 3853 200...... 2805 25...... 3502 52 ...... 15, 1525, 2263, 2581, 201...... 4066 26...... 3502 2589, 2591, 2829, 3023, 47 CFR 202...... 4066 40...... 3502 4076 73...... 4078 232...... 1514 41...... 3502 60...... 2832, 3517 90...... 2598 70...... 3489, 3502 63...... 2832, 4156 240...... 4066 Proposed Rules: 275...... 255 Proposed Rules: 70...... 4076 81 ...... 1532, 3838, 3840 20 ...... 1126, 2297, 2625 279...... 255 4...... 3573 73...... 3875 5...... 3584 180...... 3026 Proposed Rules: 239...... 270 90...... 3064 1...... 722 19...... 3584 24...... 3584 258...... 270 37...... 722, 1214 799...... 1067 48 CFR 38...... 722 25...... 3584 1500...... 3843 Ch. 1...... 4188, 4191 39...... 722, 3698 26...... 3584 1501...... 3843 1...... 4188 40...... 722 40...... 3584 1502...... 3843 9...... 4188 240 ...... 824, 2049, 2287, 3859 41...... 3584 1505...... 3843 12...... 4188 249 ...... 824, 2049, 2287 70...... 3584 1506...... 3843 52...... 4188 1507...... 3843 18 CFR 28 CFR 216...... 3536 1508...... 3843 570...... 1516 219...... 3536 Proposed Rules: Proposed Rules: 225...... 3536 410...... 295 29 CFR 49...... 2056 227...... 3536 51...... 1109 19 CFR 233...... 3536 24...... 2808 52 ...... 298, 491, 508, 752, 758, 4022...... 2578 245...... 3536 10...... 697 763, 1109, 1578, 1579, 249...... 3536 12...... 3012 Proposed Rules: 2066, 2070, 2293, 2294, 252...... 25, 3536 452...... 1559 24...... 697 2853, 2859, 4084 1804...... 4079 145...... 2573 55...... 1389 30 CFR 1845...... 2001 159...... 2573 60 ...... 2056, 2860, 3060, 3587 1852...... 2001, 4079 162...... 697 3020...... 1357 63...... 2056, 2860 163...... 697 Proposed Rules: 70...... 4084 49 CFR 173...... 2573 70...... 2617 72...... 1109 174...... 2573 71...... 2617 75...... 2056 105...... 454 178...... 697 72...... 2617 78...... 1109 107...... 454 75...... 2617 86...... 2056 171...... 454, 3308 20 CFR 90...... 2617 89...... 2056 172...... 3308 416...... 446 92...... 2056 173...... 3308 655...... 3452 32 CFR 94...... 2056 175...... 3308 176...... 3308 185...... 2246 97...... 1109 21 CFR 180...... 3308 199...... 2253 98...... 3062 152...... 302 541...... 2598 50...... 256 Proposed Rules: 510...... 2807 180...... 3422 571...... 3212 199 ...... 2288, 2290, 2291 230...... 303 580...... 1367 522...... 2807, 3488 311...... 56 Proposed Rules: 258...... 303 585...... 3212 16...... 737 33 CFR 271...... 2618 Proposed Rules: 300...... 510 195...... 303 1107...... 737 117 ...... 12, 1359, 3516, 3837 1308...... 2287 761...... 2056 228...... 64 146...... 2254 1065...... 2056 229...... 2200 24 CFR 165 ...... 12, 1065, 1360, 1360, 238...... 2200 1362, 1519, 1521, 2579, 41 CFR Proposed Rules: 567...... 2631 2827, 2829, 3014 Proposed Rules: 5...... 4194 571...... 78 Proposed Rules: 60-1...... 62 200...... 4194 575...... 2309 100 .....1381, 1384, 1564, 1568, 60-2...... 62 591...... 2631 203...... 4194 3057 42 CFR 592...... 2631 236...... 4194 165...... 1386, 1568 570...... 4194 593...... 2631 405...... 1670 1011...... 766 574...... 4194 36 CFR 409...... 1670 982...... 4194 1034...... 766 261...... 3015 410...... 1366, 1670 1102...... 766 25 CFR 1200...... 1523 411...... 1670 1104...... 766 413...... 628, 1670 Proposed Rules: Proposed Rules: 1115...... 766 7...... 57 414...... 1670 Ch. I ...... 2617 415...... 1670 230...... 744 50 CFR 424...... 1670 26 CFR 37 CFR Proposed Rules: 17...... 3029 1 ...... 708, 1063, 3837 71...... 678 32...... 3938 202...... 4072 31...... 708 422...... 2454 300 ...... 283, 464, 2011 40...... 708, 709 38 CFR 480...... 2454 660...... 3539 301...... 708, 709 679 .....26, 466, 467, 469, 1539, Proposed Rules: 74...... 3017 44 CFR 2027, 3044, 3045, 4081, 1 ...... 1101, 1105, 2852 Proposed Rules: 64...... 2596 4082 31...... 1105, 2852 5...... 2766 65 ...... 17, 23, 2837 Proposed Rules: 300...... 2617 67 ...... 272, 1093, 1535, 3524, 17 ...... 304, 2076, 2863, 3069, 39 CFR 301...... 2852 3531 3392 Proposed Rules: Proposed Rules: 226...... 515, 1392 27 CFR 3050...... 296, 297 67 ...... 1121, 3590, 3595, 3596 300...... 2871 4...... 3489 622...... 3596, 4084 9...... 3489 40 CFR 45 CFR 635...... 2313 19...... 3502 9...... 1067, 4156 170...... 1262 648...... 2640

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S. 118/P.L. 111–372 S. 3481/P.L. 111–378 to make stabilization fund expenditures without borrowing LIST OF PUBLIC LAWS Section 202 Supportive To amend the Federal Water Housing for the Elderly Act of Pollution Control Act to clarify from the Treasury. (Jan. 4, 2011; 124 Stat. 4134) This is a continuing list of 2010 (Jan. 4, 2011; 124 Stat. Federal responsibility for 4077) stormwater pollution. (Jan. 4, public bills from the current Last List January 10, 2011 session of Congress which S. 841/P.L. 111–373 2011; 124 Stat. 4128) have become Federal laws. It Pedestrian Safety S. 3592/P.L. 111–379 may be used in conjunction Enhancement Act of 2010 To designate the facility of the with ‘‘P L U S’’ (Public Laws (Jan. 4, 2011; 124 Stat. 4086) United States Postal Service Update Service) on 202–741– located at 100 Commerce Public Laws Electronic S. 1481/P.L. 111–374 6043. This list is also Drive in Tyrone, Georgia, as Notification Service available online at http:// Frank Melville Supportive the ‘‘First Lieutenant Robert (PENS) www.archives.gov/federal- Housing Investment Act of Wilson Collins Post Office register/laws.html. 2010 (Jan. 4, 2011; 124 Stat. Building’’. (Jan. 4, 2011; 124 4089) The text of laws is not Stat. 4130) PENS is a free electronic mail published in the Federal S. 3036/P.L. 111–375 S. 3874/P.L. 111–380 notification service of newly Register but may be ordered National Alzheimer’s Project Reduction of Lead in Drinking enacted public laws. To in ‘‘slip law’’ (individual Act (Jan. 4, 2011; 124 Stat. Water Act (Jan. 4, 2011; 124 subscribe, go to http:// pamphlet) form from the 4100) Stat. 4131) listserv.gsa.gov/archives/ Superintendent of Documents, S. 3243/P.L. 111–376 S. 3903/P.L. 111–381 U.S. Government Printing publaws-l.html Anti-Border Corruption Act of To authorize leases of up to Office, Washington, DC 20402 2010 (Jan. 4, 2011; 124 Stat. 99 years for lands held in Note: This service is strictly (phone, 202–512–1808). The 4104) text will also be made trust for Ohkay Owingeh for E-mail notification of new available on the Internet from S. 3447/P.L. 111–377 Pueblo. (Jan. 4, 2011; 124 laws. The text of laws is not GPO Access at http:// Post-9/11 Veterans Stat. 4133) available through this service. www.gpoaccess.gov/plaws/ Educational Assistance S. 4036/P.L. 111–382 PENS cannot respond to index.html. Some laws may Improvements Act of 2010 To clarify the National Credit specific inquiries sent to this not yet be available. (Jan. 4, 2011; 124 Stat. 4106) Union Administration authority address.

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