Vol. 78 Wednesday, No. 167 August 28, 2013

Pages 53017–53236

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 78, No. 167

Wednesday, August 28, 2013

Agriculture Department Defense Department See Food Safety and Inspection Service See Air Force Department See Forest Service See Army Department NOTICES Air Force Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 53132–53133 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 53134 National Commission on the Structure of the Air Force, 53133–53134 Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Department of Transportation Viticultural Areas: See Pipeline and Hazardous Materials Safety Eagle Peak Mendocino County and Mendocino and Administration Redwood Valley; Establishment and Realignment, 53103–53104 Energy Department See Energy Information Administration Army Department See Federal Energy Regulatory Commission NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Environmental Management Site-Specific Advisory Submissions, and Approvals, 53134–53135 Board, Nevada, 53135 Centers for Disease Control and Prevention Energy Information Administration NOTICES NOTICES Charter Renewals: Agency Information Collection Activities; Proposals, Advisory Board on Radiation and Worker Health, 53147 Submissions, and Approvals, 53135–53137 Meetings: National Center for Health Statistics, Classifications and Environmental Protection Agency Public Health Data Standards, 53148–53149 RULES Subcommittee for Dose Reconstruction Reviews, Air Quality State Implementation Plans; Approvals and Advisory Board on Radiation and Worker Health, Promulgations: etc., 53147–53148 Nevada; Regional Haze Federal Implementation Plan; Extension of BART Compliance Date for Reid Centers for Medicare & Medicaid Services Gardner Generating Station, 53033–53038 NOTICES Air Quality: Medicare and Medicaid Programs: Definition of Volatile Organic Compounds; Exclusion of Continued Approval of American Osteopathic trans 1-chloro-3,3,3-trifluoroprop-1-ene, 53029–53033 Association/Healthcare Facilities Accreditation Pesticide Tolerances: Program Hospital Accreditation Program, 53149– Ethyl-2E,4Z-Decadienoate (Pear Ester), 53051–53054 53150 Halosulfuron-methyl, 53047–53051 Pyraclostrobin, 53039–53047 Children and Families Administration Sanctions; Determinations: NOTICES California; San Joaquin Valley, 53038–53039 Meetings: PROPOSED RULES Advisory Committee on the Maternal, Infant, and Early Air Quality State Implementation Plans; Approvals and Childhood Home Visiting Program Evaluation, Promulgations: 53150–53151 California; San Joaquin Valley; Contingency Measures for the 1997 PM2.5 Standards, 53113–53124 Coast Guard NOTICES PROPOSED RULES Draft IRIS Carcinogenicity Assessment for Ethylene Oxide, Drawbridge Operations: 53138–53139 Hackensack River, Kearny and Jersey City, NJ, 53104– Pesticide Registrations: 53107 Applications for New Uses, 53139–53141 Passaic River, Kearny and Newark, NJ, 53107–53109 Requests to Voluntarily Cancel Certain Pesticide Security Zones: Registrations, 53141–53143 Naval Base Point Loma, Naval Mine Anti Submarine Proposed Consent Decrees, Clean Air Act Citizen Suit, Warfare Command, San Diego Bay, San Diego, CA, 53143–53144 53109–53113 Requests for Nominations: Experts to Review the Draft Toxicological Assessments Commerce Department for Ammonia, Trimethylbenzenes, etc., 53144–53146 See Foreign-Trade Zones Board See International Trade Administration Executive Office of the President See National Oceanic and Atmospheric Administration See Presidential Documents

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See Trade Representative, Office of United States NOTICES Endangered and Threatened Wildlife and Plants: Export-Import Bank Recovery Plan for Phyllostegia hispida; Addendum to the NOTICES Molokai Plant Cluster Recovery Plan, 53155–53156 Applications for Long-Term Loan or Financial Guarantee in Meetings: Excess of $100 Million, 53146 Sport Fishing and Boating Partnership Council, 53156 Permits: Federal Aviation Administration Endangered and Threatened Species, 53157–53158 RULES Pilot Certification and Qualification Requirements for Air Food and Drug Administration Carrier Operations; Correction, 53025–53026 NOTICES PROPOSED RULES Draft Guidance for Industry and Staff; Availability: Airworthiness Directives: Applicability of Good Laboratory Practice in Premarket Bombardier, Inc. Airplanes, 53080–53083 Device Submissions; Questions and Answers, 53151– The Boeing Company Airplanes, 53078–53080 53152 NOTICES Prescription Drug User Fee Rates for Fiscal Year 2014; Land Releases: Correction, 53152 Penn Yan Airport, 53184 Petitions for Exemption; Summaries, 53185–53186 Food Safety and Inspection Service RULES Federal Communications Commission Salmonella Verification Sampling Program: RULES Analysis of Raw Beef for Shiga Toxin-Producing Radio Broadcasting Services: Escherichia coli and Salmonella, 53017–53020 Chillicothe, Dublin, Hillsboro, and Marion, OH, 53054– 53055 Foreign Assets Control Office PROPOSED RULES NOTICES First Responder Network Authority Filing, 53124–53126 Blocking and Unblocking of Persons and Properties, 53191– 53193 Federal Energy Regulatory Commission NOTICES Foreign–Trade Zones Board Complaints: NOTICES Flint Hills Resources Alaska, LLC v. BP Pipelines Reorganizations under Alternative Site Frameworks: (Alaska) Inc., et al., 53137 Proposed Foreign-Trade Zone, Ontario County, NY, Meetings: 53127–53128 South Carolina Public Service Authority; Santee-Cooper Biological Opinion, 53138 Forest Service Texas Eastern Transmission, LP; Technical Conference, NOTICES 53137–53138 Meetings: Delta-Bienville Resource Advisory Committee, 53127 Federal Highway Administration NOTICES Health and Human Services Department Environmental Impact Statements; Availability, etc.: See Centers for Disease Control and Prevention I–94 East-West Corridor, Milwaukee County, WI, 53186– See Centers for Medicare & Medicaid Services 53187 See Children and Families Administration See Food and Drug Administration Federal Reserve System See Health Resources and Services Administration NOTICES See National Institutes of Health Changes in Bank Control: NOTICES Acquisitions of Shares of a Bank or Bank Holding Agency Information Collection Activities; Proposals, Company, 53146 Submissions, and Approvals, 53146–53147

Federal Transit Administration Health Resources and Services Administration NOTICES NOTICES Meetings: Meetings: Alternatives Analysis of the GA 400 Transit Initiative, Advisory Committee on the Maternal, Infant, and Early Fulton County, GA, 53187–53189 Childhood Home Visiting Program Evaluation, 53150–53151 Fish and Wildlife Service RULES Homeland Security Department Endangered and Threatened Wildlife and Plants: See Coast Guard Impact Analyses of Critical Habitat, 53058–53076 Migratory Bird Hunting: Indian Affairs Bureau Early Seasons and Bag and Possession Limits for Certain PROPOSED RULES Migratory Game Birds in the Contiguous United Leasing of Osage Reservation Lands for Oil and Gas Mining, States, etc., 53200–53216 53083–53103 Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2013– Interior Department 14 Early Season, 53218–53229 See Fish and Wildlife Service

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See Indian Affairs Bureau National Oceanic and Atmospheric Administration See Land Management Bureau RULES Endangered and Threatened Wildlife and Plants: Internal Revenue Service Impact Analyses of Critical Habitat, 53058–53076 RULES Fisheries of the Exclusive Economic Zone Off Alaska: Regulations Enabling Elections for Certain Transaction Reallocation of Pacific Cod in the Bering Sea and under Section 336(e); Correction, 53026–53027 Aleutian Islands Management Area, 53076–53077 NOTICES NOTICES Meetings: Meetings: Tax Exempt and Government Entities Division Advisory Mid-Atlantic Fishery Management Council; Correction, Group, 53194 53132 Nuclear Regulatory Commission International Trade Administration RULES NOTICES Branch Technical Position on the Import of Non-U.S. Antidumping and Countervailing Duty Administrative Origin Radioactive Sources, 53020–53025 Reviews; Results, Extensions, Amendments, etc., NOTICES 53128–53132 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53173 International Trade Commission NOTICES Occupational Safety and Health Administration Investigations; Terminations, Modifications and Rulings, NOTICES etc.: Agency Information Collection Activities; Proposals, Semiconductor Chips with Dram Circuitry, and Modules Submissions, and Approvals: and Products Containing Same, 53159 Standard for Welding, Cutting, and Brazing, 53159–53161 Office of the Director of National Intelligence Judicial Conference of the United States See National Intelligence, Office of the National Director NOTICES Meetings: Office of United States Trade Representative Committee on Rules of Practice and Procedure, 53159 See Trade Representative, Office of United States

Labor Department Peace Corps See Occupational Safety and Health Administration PROPOSED RULES Freedom of Information Act Administration; Correction, Land Management Bureau 53083 NOTICES NOTICES Alaska Native Claims Selection, 53158 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 53173–53174 Central Montana Resource Advisory Council, 53158 Pipeline and Hazardous Materials Safety Administration NOTICES National Credit Union Administration Pipeline Safety: NOTICES Recall on Leak Repair Clamps Due to Defective Seal, Agency Information Collection Activities; Proposals, 53190–53191 Submissions, and Approvals, 53161–53172 Postal Service National Highway Traffic Safety Administration RULES NOTICES Balloting Materials Postage, 53027–53029 Petitions for Inconsequential Noncompliance; Denials: Dorel Juvenile Group, 53189–53190 Presidential Documents PROCLAMATIONS National Institutes of Health Special Observances: 50th Anniversary of the March on Washington for Jobs NOTICES and Freedom (Proc. 9004), 53235–53236 Agency Information Collection Activities; Proposals, Women’s Equality Day (Proc. 9003), 53231–53234 Submissions, and Approvals: Palliative Care; Conversations Matter Evaluation, 53152– Railroad Retirement Board 53153 NOTICES Exclusive Patent Licenses: Agency Information Collection Activities; Proposals, Use of Exenatide for the Treatment of Neurodegenerative Submissions, and Approvals, 53174–53175 Diseases, 53153–53154 Meetings: Securities and Exchange Commission National Cancer Institute, 53154–53155 NOTICES Applications: National Intelligence, Office of the National Director Northwestern Mutual Life Insurance Co., et al., 53175– NOTICES 53179 Agency Information Collection Activities; Proposals, Self-Regulatory Organizations; Proposed Rule Changes: Submissions, and Approvals, 53172–53173 New York Stock Exchange, LLC, 53181–53183

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NASDAQ Stock Market, LLC, 53179–53181 Principles of Excellence Complaint System Intake, 53196–53197 Surface Transportation Board Request for Disinterment, 53197–53198 RULES State Cemetery Data, 53194–53195 Fees for Services Performed in Connection with Licensing Statement of Heirs for Payment of Credits Due Estate of and Related Services; 2013 Update, 53055–53058 Deceased Veteran, 53196 Trade Representative, Office of United States NOTICES Trans-Pacific Partnership Agreement; Interim Separate Parts In This Issue Environmental Review, 53183–53184 Part II Transportation Department Interior Department, Fish and Wildlife Service, 53200– See Federal Aviation Administration 53216 See Federal Highway Administration See Federal Transit Administration Part III See National Highway Traffic Safety Administration Interior Department, Fish and Wildlife Service, 53218– See Pipeline and Hazardous Materials Safety 53229 Administration See Surface Transportation Board Part IV Presidential Documents, 53231–53236 Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Foreign Assets Control Office See Internal Revenue Service Reader Aids Consult the Reader Aids section at the end of this page for Veterans Affairs Department phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Agency Information Collection Activities; Proposals, To subscribe to the Federal Register Table of Contents Submissions, and Approvals: LISTSERV electronic mailing list, go to http:// Declaration of Status of Dependents, 53194 listserv.access.gpo.gov and select Online mailing list Dental Patient Satisfaction Survey, 53195 archives, FEDREGTOC-L, Join or leave the list (or change Loan Service Report, 53195–53196 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9003...... 53233 9004...... 53235 9 CFR 310...... 53017 10 CFR 110...... 53020 14 CFR 141...... 53025 Proposed Rules: 39 (2 documents) ...... 53078, 53080 22 CFR Proposed Rules: 303...... 53083 25 CFR Proposed Rules: 226...... 53083 26 CFR 1 (2 documents) ...... 53026 27 CFR Proposed Rules: 9...... 53103 33 CFR Proposed Rules: 117 (2 documents) ...... 53104, 53107 165...... 53109 39 CFR 111...... 53027 40 CFR 51...... 53029 52 (2 documents) ...... 53033, 53038 180 (3 documents) ...... 53039, 53047, 53051 Proposed Rules: 52...... 53113 47 CFR 73...... 53054 Proposed Rules: 27...... 53124 90...... 53124 49 CFR 1002...... 53055 50 CFR 20 (2 documents) ...... 53200, 53218 424...... 53058 679...... 53076

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Rules and Regulations Federal Register Vol. 78, No. 167

Wednesday, August 28, 2013

This section of the FEDERAL REGISTER prevalence in raw ground beef and beef products distributed in commerce are contains regulatory documents having general manufacturing trimmings products. wholesome; not adulterated; and applicability and legal effect, most of which Finally, this document discusses properly marked, labeled, and packaged. are keyed to and codified in the Code of changes that the Agency is considering As part of its inspection program, FSIS Federal Regulations, which is published under related to FSIS Salmonella sampling collects samples of these products for 50 titles pursuant to 44 U.S.C. 1510. and testing of other products. laboratory analysis (21 U.S.C. 642(a)). The Code of Federal Regulations is sold by DATES: Submit comments on or before History of the Salmonella Verification the Superintendent of Documents. Prices of September 27, 2013. Interested parties Sampling Program new books are listed in the first FEDERAL need to get their comments in on time REGISTER issue of each week. because the Agency does not intend to The Salmonella verification sampling grant any extensions of the comment program formally began with the period. Agency’s final rule, entitled ‘‘Pathogen DEPARTMENT OF AGRICULTURE Reduction; Hazard Analysis and Critical ADDRESSES: FSIS invites interested Control Point (PR/HACCP) Systems,’’ Food Safety and Inspection Service persons to submit comments on this which FSIS published on July 25, 1996 document. Comments may be submitted (61 FR 38805–38989; http:// 9 CFR Part 310 by one of the following methods: www.fsis.usda.gov/OPPDE/rdad/ Federal eRulemaking Portal: This [Docket No. FSIS–2012–0038] FRPubs/93-016F.pdf). Among other Web site provides the ability to type things, the PR/HACCP rule set Changes to the Salmonella Verification short comments directly into the Salmonella performance standards for Sampling Program: Analysis of Raw comment field on this Web page or establishments producing selected Beef for Shiga Toxin-Producin attach a file for lengthier comments. Go classes of raw meat products, including Escherichia coli and Salmonella to http://www.regulations.gov/. Follow ground beef, steers and heifers, and the on-line instructions at that site for cows and bulls (9 CFR 310.25(b)). In AGENCY: Food Safety and Inspection submitting comments. Service, USDA. 2011, FSIS stopped sampling and Mail, including CD–ROMs, etc.: Send testing for Salmonella in steers and ACTION: Request for comments. to Docket Clerk, U.S. Department of heifers and cows and bulls because Agriculture, Food Safety and Inspection SUMMARY: The Food Safety and percent positive findings were very low Service, Patriots Plaza 3, 1400 Inspection Service (FSIS) is announcing (less than one percent), and this carcass Independence Avenue SW., Mailstop changes to its procedures for Salmonella sampling was expensive for the Agency. 3782, Room 8–163B, Washington, DC verification sampling program of raw As stated in the PR/HACCP rule (at 61 20250–3700. beef products. On the date that FSIS FR 38835), FSIS selected Salmonella for Hand- or courier-delivered submittals: will announce in the Federal Register the performance standard because it is Deliver to Patriots Plaza 3, 355 E. Street document that responds to any the most common cause of foodborne SW., Room 8–163B, Washington, DC comments on this document, FSIS will illness associated with meat and poultry 20250–3700. discontinue Salmonella sampling set products; it is present to varying degrees Instructions: All items submitted by procedures (‘‘HC01’’) in ground beef in all major species; and the mail or electronic mail must include the products, except in establishments with interventions targeted at reducing Agency name and docket number FSIS– results that exceeded the standard for Salmonella may help reduce 2012–0038. Comments received in Salmonella in that establishment’s most contamination by other enteric response to this docket will be made recently completed sample set (i.e., in pathogens. available for public inspection and those establishments in Category 3). At FSIS uses the Salmonella posted without change, including any the same time, FSIS will begin performance standards to verify process personal information, to http:// analyzing for Salmonella all raw beef control in slaughter and certain www.regulations.gov. processing operations. The performance samples that it collects for Shiga toxin- Docket: For access to background standard for ground beef is based on the producing Escherichia coli (STEC) documents or to comments received, go industry average (percent positive analysis. Therefore, FSIS will begin to the FSIS Docket Room at Patriots samples) estimated from baseline analyzing for Salmonella all samples of Plaza 3, 355 E. Street SW., Room 164, surveys conducted before PR/HACCP raw ground beef, beef manufacturing Washington, DC 20250–3700 between 8 was implemented. trimmings, bench trim, and other raw a.m. and 4:30 p.m., Monday through ground beef components that it collects Friday. Under the existing Salmonella for STEC testing. To be consistent with verification sampling program, the the Agency’s STEC analytic sample FOR FURTHER INFORMATION CONTACT: Agency assesses whether establishments portions, FSIS laboratories will increase Rachel Edelstein, Assistant meet the Salmonella standard by the raw ground beef analytic sample Administrator, Office of Policy and collecting randomly selected product portion for Salmonella analysis from 25 Program Development; Telephone: (202) samples using the risk-based, 3-category grams to 325 grams. This notice 205–0495; or by Fax: (202) 720–2025. establishment classification system describes how FSIS intends to use the SUPPLEMENTARY INFORMATION: FSIS announced on February 27, 2006 (71 FR results from its verification sampling administers a regulatory program under 9772). FSIS inspection program program to develop new Salmonella the Federal Meat Inspection Act (FMIA) personnel collect samples and submit performance standards for ground beef (21 U.S.C. 601 et seq.) that is intended them to FSIS laboratories for analysis product and to estimate Salmonella to ensure that meat and meat food over a defined number of sequential

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days of production to complete a sample Salmonella by increasing the raw obtain. Through this new approach, set. As detailed in the February 2006 ground beef analytic sample portion for FSIS will be able to analyze for notice, the maximum number of Salmonella analysis and increasing the Salmonella beef manufacturing positive samples per set for the ground number of establishments being trimmings and other raw ground beef beef product category is 5 of 53. sampled at any given time. As is also components at slaughter establishments. FSIS presently categorizes discussed below, FSIS intends to FSIS believes sampling these products establishment performance as follows: develop new performance standards will provide FSIS more information I. Category 1. Consistent Process Control: that will likely lead establishments about Salmonella at these Establishments with percent positive producing ground beef to strengthen establishments than FSIS was able to Salmonella samples at 50 percent or less their own Salmonella control measures. gather through carcass testing. of the performance standard in the two Such changes at establishments will FSIS will increase the raw ground most recently completed sample sets. likely have a positive impact on public beef analytic portion for Salmonella II. Category 2T. Variable Process Control but health. analysis from 25 grams to 325 grams to Transitioning Towards Consistent be consistent with the STEC analytic Process Control: Establishments with Changes to Salmonella Verification percent positive Salmonella samples at sample portions. To support an increase Sampling Programs for Raw Ground in the sample size analyzed, FSIS 50 percent or less of the performance Beef Products standard in the most recently completed evaluated the FSIS Salmonella detection sample set, but greater than 50 percent Beginning on the date FSIS will method (FSIS Microbiology Laboratory of the performance standard in the announce in the Federal Register notice Guidebook Chapter 4.06) using 325 previously completed sample set. that responds to any comments on this gram samples. Based on this analysis, III. Category 2. Variable Process Control: notice, FSIS will discontinue FSIS expects the increase in the Establishments with percent positive Salmonella sampling sets (‘‘HC01’’) for analytical portion size to have at least Salmonella samples above 50 percent but ground beef product except for not exceeding the standard in the most the same, but likely more of a positive, recently completed sample set. establishments in Category 3. At the impact on public health because the IV. Category 3. Highly Variable Process same time, FSIS will begin analyzing for likelihood of detecting positive samples Control: Establishments with percent Salmonella all raw beef samples it increases with the analytical portion positive Salmonella samples exceeding collects for STEC testing. Therefore, size. As is explained above, FSIS will the performance standard in the most FSIS will begin analyzing for continue to schedule sets for raw recently completed sample set. Salmonella all samples of raw ground ground beef in those establishments in FSIS collects ground beef samples beef, beef manufacturing trimmings, Category 3. FSIS laboratories will under project code ‘‘HC01’’ as part of bench trim, and other raw ground beef continue to evaluate raw ground beef the Salmonella verification sampling components that its personnel collect product samples collected as part of a program and under project code for STEC testing, including raw ground set using a 25-gram analytic sample ‘‘MT43’’ as part of the E. coli O157:H7 beef products FSIS samples at retail portion. verification sampling program. stores and ground beef, trim, and other FSIS intends to enumerate samples Following the implementation of PR/ raw ground beef components FSIS that confirm Salmonella-positive using HACCP, FSIS analyzed only one samples at import establishments. the Most Probable Number (MPN) pathogen per sample. Then, in 2008, Whenever FSIS finds a product quantitative procedure. FSIS will FSIS began analyzing for Salmonella sample positive for E. coli O157:H7 or continue to evaluate Salmonella isolates and E. coli O157:H7 ground beef a non-O157 STEC, FSIS conducts from the screen-positive samples for samples from establishments producing follow-up sampling of product from the multi-drug resistance, to serotype the less than 1,000 pounds of product per establishment that produced the samples, and to use pulsed-field gel day (under the MT43S code). Using this positive product and at all suppliers electrophoresis (PFGE) to identify approach, FSIS effectively gained that provided the source materials for specific strains of Salmonella. sampling efficiencies without overly the product. When FSIS begins Through this analysis, FSIS will burdening the establishment with analyzing for Salmonella the product determine whether Agency-positive additional sample collection. collected for STEC analysis, FSIS will Salmonella results are associated with also begin analyzing for Salmonella the illnesses or serotypes of human health Public Health Concerns follow-up samples it collects in significance. As is currently the case, if Salmonella bacteria are among the response to STEC positive results. FSIS finds that establishments have most frequently reported causes of FSIS analyzes beef manufacturing produced product associated with foodborne illness. In December 2011, a trimmings for E. coli O157:H7 and the illness, FSIS will typically conduct an multi-state outbreak linked to a multi- following non-O157 STECs: O26, O45, Incident Investigation Team Review or drug resistant strain of Salmonella O103, O111, O121, and O145. FSIS Food Safety Assessment at the sickened 19 people in the Northeast analyzes raw ground beef and raw establishment. United States (http://www.cdc.gov/ ground beef components other than beef salmonella/typhimurium-groundbeef/ manufacturing trimmings for E. coli Estimating Prevalence 010512/index.html). In June 2012, FSIS O157:H7 only. FSIS is not making any In developing all of its prevalence was notified of a cluster of Salmonella changes to the STEC sampling and estimates, FSIS defines prevalence as enteriditis illnesses linked to ground testing programs at this time. the proportion of applicable product beef consumption with approximately The changes that FSIS is announcing that would test positive for a given 50 case-patients across nine states to its Salmonella sampling procedures pathogen if the entire population were (http://www.cdc.gov/salmonella/ will permit FSIS to analyze more sampled and analyzed during a enteritidis-07-12/index.html). The samples at the same time for lower specified time period. Although it outbreaks referenced here and others Agency costs than the present method. provides a useful indication of process suggest that Salmonella in ground beef Also, as noted above, FSIS stopped control within that establishment, set- is a continuing public health concern. testing beef carcasses for Salmonella based verification sampling that FSIS The changes described below will because the Agency sampling costs did currently uses for Salmonella sampling likely improve FSIS’s ability to detect not justify the results FSIS was able to and testing in many products is not

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designed to estimate national standard in the Federal Register before Other Sampling Procedures prevalence of Salmonella by class of implementing the standard. Consistent with current sampling In 2011, FSIS estimated the national products. As is discussed above, under procedures, when an establishment prevalence of Salmonella in beef the set-based approach, FSIS collects either processes all raw ground beef manufacturing trimmings (http:// samples from the same establishment on product into ready-to-eat (RTE) product www.fsis.usda.gov/wps/wcm/connect/ a daily basis until it has collected the or moves it to another federally- f07f5e1d-63f2-4ec8-a83a-e1661307b2c3/ necessary number of samples in the inspected establishment for further Baseline_Data_Domestic_Beef_ applicable performance standard. In processing into RTE product, the Trimmings_Rev.pdf?MOD=AJPERES). 2012, FSIS evaluated many of its product will be excluded from Agency After careful consideration, FSIS does sampling programs as a means to verification sampling for E. coli calculate prevalence estimates for not believe the low incidence of Salmonella on beef manufacturing O157:H7 and Salmonella. pathogens in FSIS-regulated products Individual sample results generated (http://www.fsis.usda.gov/wps/wcm/ trimmings supports development of a Salmonella performance standard for from this program will be reported connect/56b2ccbd-ad57-4311-b6df- through the Agency’s Public Health 289822d28115/Prevalence_Estimates_ beef manufacturing trimmings. FSIS is considering using the results of this Information System. FSIS will ensure Report.pdf?MOD=AJPERES). The that result information is made available Agency concluded, given the estimation to develop guidance that will assist establishments in preventing to establishments. Because FSIS does construction of the FSIS pathogen not recognize Salmonella as a pathogen verification sampling programs at that Salmonella contamination in beef manufacturing trimmings. that would ordinarily render the time, that it was only possible to utilize product injurious to health, and thus as the E. coli O157:H7 pathogen FSIS recently revised other existing Salmonella performance standards to an adulterant within the meaning of 21 verification testing program for raw U.S.C. 601(m)(1), individual Salmonella ground beef (‘‘MT43’’) to estimate achieve a public health objective. In July 2011, FSIS implemented new sample results will not result in national prevalence. Since that time, regulatory control actions. Therefore, FSIS has redesigned its beef performance standards for both Salmonella and Campylobacter for after receiving STEC (O157:H7 and non- manufacturing trimmings verification O157) results, establishments will not sampling program such that, with a chilled carcasses in young chicken (broilers) and turkey slaughter need to continue to hold product that larger number of analyzed samples, it has tested negative for STEC. If raw, too is suitable for estimating prevalence establishments (76 FR 15282; March 21, 2011). By December 2011, the young non-intact beef product or raw, intact (http://www.fsis.usda.gov/wps/wcm/ beef product that is intended for use as connect/15e75329-978f-43f0-b8fe- chicken industry was meeting the acceptable Campylobacter percent raw, non-intact product tests positive 101845d898f0/Redesign_Beef_Trim_ positive reflected in the new standard at for STEC, the product is adulterated Sampling_ 9.43 percent (10.4 percent acceptable). within the meaning of 21 U.S.C. Methodology.pdf?MOD=AJPERES). Should FSIS develop new Salmonella 601(m)(1) (76 FR 58157; Sep. 20, 2011) When FSIS begins analyzing all STEC performance standards for ground beef, unless further processed to destroy the samples for Salmonella, FSIS will be FSIS believes that ground beef pathogen. able to estimate the prevalence of establishments would improve process Other Changes Under Consideration Salmonella in raw ground beef and beef control to meet the new performance manufacturing trimmings. Therefore, standard in a similar manner. In addition to ground beef, FSIS is FSIS will avoid the added expense of Except for Category 3 establishments, considering moving Salmonella conducting separate baseline studies at FSIS will discontinue set testing at least sampling from a set-based approach to periodic intervals to determine until it establishes a revised Salmonella a continuous sampling and ‘‘moving Salmonella prevalence in these performance standard for ground beef. window’’ approach for all classes of products and will enhance the use of Meanwhile, FSIS is considering products subject to FSIS sampling and inspection resources. In addition, by alternative sampling plans. One option testing for Salmonella. As is discussed using these continuous sampling that FSIS is considering is a ‘‘moving above, this approach will allow FSIS programs rather than scheduled sets, window’’ sampling plan in which FSIS more flexibility in scheduling and FSIS will be able to analyze findings would evaluate a set number of collecting samples. over time to determine trends and sequential results from single In addition, FSIS is considering evaluate program effectiveness. establishment to assess process control. implementing new sampling of product Because of the limited number of For example, if FSIS chose to evaluate classes not subject to FSIS sampling and available samples scheduled and 20 results under the moving window testing for Salmonella. For example, collected, FSIS does not believe it is approach, FSIS would assess the most FSIS is contemplating initiating possible to estimate prevalence for recent 20 FSIS results for a particular sampling and testing for Salmonella in Salmonella in raw ground beef establishment. This new approach pork trim, pork parts, ground pork, components other than beef would allow for on-going scheduled chicken parts, and lamb carcasses. manufacturing trimmings (such as FSIS Salmonella sampling, similar to Before FSIS makes any change of this bench trim). the approach FSIS uses for STEC type in its testing, it will provide notice testing, as compared to a set-based and an opportunity for comment in the New Performance Standards approach in which FSIS schedules a Federal Register. After collecting at least three months large number of sequential samples at Should FSIS decide to start testing of data using the new sampling and an establishment as part of a set. The new products for Salmonella, it would testing procedures, FSIS intends to ‘‘moving window’’ approach would begin by sampling to assess the conduct a risk assessment and develop provide FSIS with more flexibility for prevalence of Salmonella in each of the a revised Salmonella performance scheduling sample collection at new products sampled. Upon standard for raw ground beef at a 325 different establishments. The Agency completion of the exploratory sampling gram sample size. FSIS will publish the requests comment on the ‘‘moving period (at least three months and revised Salmonella performance window’’ approach. possibly longer), FSIS would develop

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new performance standards. FSIS would Done at Washington, DC on: August 16, distributed from the United States in announce the tentative standards in the 2013. order to prevent sources from being Federal Register and request comment Alfred V. Almanza, orphaned overseas where regulatory on them before finalizing. Administrator. programs may not exist or function to an [FR Doc. 2013–20995 Filed 8–27–13; 8:45 am] optimal level. USDA Nondiscrimination Statement BILLING CODE 3410–DM–P DATES: The BTP is effective on The U.S. Department of Agriculture September 27, 2013. (USDA) prohibits discrimination in all ADDRESSES: You can access publicly its programs and activities on the basis NUCLEAR REGULATORY available documents related to this of race, color, national origin, gender, COMMISSION document using the following methods: Federal e-Rulemaking Portal: Go to religion, age, disability, political beliefs, 10 CFR Part 110 sexual orientation, and marital or family http://www.regulations.gov and search status. (Not all prohibited bases apply to [NRC–2012–0008] for documents filed under Docket ID all programs.) [NRC–2007–0009]. Address questions Branch Technical Position on the about NRC dockets to Ms. Carol Persons with disabilities who require Import of Non-U.S. Origin Radioactive Gallagher at 301–492–3668 or by email alternative means for communication of Sources [email protected]. program information (Braille, large NRC’s Public Document Room (PDR): AGENCY: U.S. Nuclear Regulatory print, audiotape, etc.) should contact The public may examine and have Commission. USDA’s Target Center at (202) 720–2600 copied, for a fee, publicly available (voice and TTY). ACTION: Final Branch Technical documents at the NRC’s PDR, Public Position. To file a written complaint of File Area O1 F21, One White Flint discrimination, write USDA, Office of SUMMARY: In 2010, the U.S. Nuclear North, 11555 Rockville Pike, Rockville, the Assistant Secretary for Civil Rights, Regulatory Commission (NRC) staff Maryland, 20852. 1400 Independence Avenue SW., published a final rule amending its NRC’s Agencywide Documents Access Washington, DC 20250–9410 or call regulations concerning export and and Management System (ADAMS): (202) 720–5964 (voice and TTY). USDA import of nuclear equipment and Publicly available documents created or received at the NRC are available is an equal opportunity provider and material. Among other things, it added electronically at the NRC’s electronic employer. the phrase ‘‘of U.S. origin’’ to the first exclusion to the definition of Reading Room at http://www.nrc.gov/ Additional Public Notification ‘‘radioactive waste’’ to confirm that the reading-rm/adams.html. From this page, return of U.S. origin radioactive sources the public can gain entry into ADAMS, FSIS will announce this notice online is not classified as the import of which provides text and image files of through the FSIS Web page located at radioactive waste. The NRC staff drafted NRC’s public documents. If you do not http://www.fsis.usda.gov/wps/portal/ the Branch Technical Position (BTP) on have access to ADAMS or if there are fsis/topics/regulations/federal-register. the Import of Non-U.S. Origin Sources problems in accessing the documents FSIS will also make copies of this to provide additional guidance on the located in ADAMS, contact the NRC’s Federal Register publication available application of this exclusion in the PDR reference staff at 1–800–397–4209, through the FSIS Constituent Update, regulations. 301–415–4737, or by email to which is used to provide information In developing this BTP, the NRC staff [email protected]. regarding FSIS policies, procedures, has engaged with States, Low-Level FOR FURTHER INFORMATION CONTACT: regulations, Federal Register notices, Waste Compacts, industry, and the Jennifer C. Tobin, Office of International FSIS public meetings, and other types of public by providing two opportunities Programs, U.S. Nuclear Regulatory information that could affect or would for public comment via Federal Register Commission, MS–O4E21, Washington, be of interest to constituents and Notice and a public meeting in 2012. DC 20555–0001; telephone: (301) 415– stakeholders. The Update is The exclusion in 10 CFR part 110 2328; email: [email protected]. communicated via Listserv, a free reflects the United States’ commitments SUPPLEMENTARY INFORMATION: to the policy of safe storage and disposal electronic mail subscription service for I. History of disused sources in the international industry, trade groups, consumer II. Branch Technical Position context, including under the Code of interest groups, health professionals, III. Analysis of Public Comments on Practice on the International and other individuals who have asked Proposed Branch Technical Position Transboundary Movement of to be included. The Update is also Radioactive Waste (Code of Practice), I. History available on the FSIS Web page. In Joint Convention on the Safety of Spent The NRC published ‘‘Notice of Public addition, FSIS offers an electronic mail Fuel Management and the Safety of Meeting and Request for Comment on subscription service which provides Radioactive Waste Management (Joint the BTP on the Import of Non-U.S. automatic and customized access to Convention), and the International Origin Radioactive Sources,’’ 77 FR selected food safety news and Atomic Energy Agency’s (IAEA) Code of 2924 (January 20, 2012), and received information. This service is available at Conduct on the Safety and Security of five comment letters as a result of that http://www.fsis.usda.gov/wps/portal/ Radioactive Sources (Code of Conduct— publication. The NRC staff made no fsis/programs-and-services/email- along with the supplementary Guidance substantive changes to the draft BTP subscription-service. Options range from on Import and Export). The United based on these comment letters. recalls to export information to States’ commitments include not However, minor editorial changes were regulations, directives and notices. exporting radioactive waste to other made to the draft BTP to provide greater Customers can add or delete countries for disposal and, in light of clarity. subscriptions themselves, and have the the United States’ strong domestic The NRC published ‘‘Request for option to password protect their regulatory program, allowing return of Comment on the BTP on the Import of accounts. disused sources manufactured or Non-U.S. Origin Radioactive Sources,’’

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77 FR 64435 (October 22, 2012), and relevant NRC or Agreement State international development of the Joint received eight comment letters as a regulations and that the importer satisfy Convention on the Safety of Spent Fuel result of that publication. Many of those the terms for the general license set Management and the Safety of comments were on the existing forth in 10 CFR 110.50. Radioactive Waste Management (Joint regulations (10 CFR part 110) rather The NRC staff has developed this BTP Convention) that opened for signature in than the BTP. This final BTP does not to provide guidance to source September 1997 and entered into force amend the regulations in 10 CFR part manufacturers, distributors, or other in 2001. In terms of this BTP, a key 110; rather, it clarifies what is meant by entities on the NRC’s application of the point in the legally-binding Joint ‘‘U.S. origin’’ and explains how the NRC sealed source exclusion to imports into Convention to which the United States staff interprets this exclusion to the the United States of non-U.S. origin is a party, is found in Article 28, definition of ‘‘radioactive waste’’ as disused sources.2 ‘‘Disused Sealed Sources,’’ which states: used in 10 CFR 110.2. The NRC staff B. Background ‘‘A Contracting Party shall allow for response to the eight comment letters On July 28, 2010, the NRC published reentry into its territory of disused sealed can be found in this Federal Register sources if, in the framework of its national Notice as well as at ML13177A163. a final rule in the Federal Register (75 FR 44072) that amended several law, it has accepted that they be returned to a manufacturer qualified to receive and II. Branch Technical Position provisions in 10 CFR part 110 to possess the disused sealed sources.’’ A. Introduction improve NRC’s regulatory framework for the export and import of nuclear Nearly identical language was The NRC’s regulations in 10 CFR part equipment, material, and radioactive included in the non-legally binding 110 (Part 110), ‘‘Export and Import of waste. The sealed source exclusion to Code of Conduct on the Safety and Nuclear Equipment and Material,’’ the definition of ‘‘radioactive waste’’ Security of Radioactive Sources (Code of establish the general and specific export was revised, in response to a comment, Conduct), along with the supplementary and import licensing requirements for to confirm that the exclusion only Guidance on Import and Export, that special nuclear, source, and byproduct applies to sources of ‘‘U.S. origin’’ being was internationally approved in 2003 material including radioactive waste. returned to an authorized domestic and to which the United States made a ‘‘Radioactive waste’’ is defined in 10 licensee. The addition of the term ‘‘U.S. political commitment in 2004. In CFR 110.2 as: origin’’ to the sealed source exclusion accordance with the Code of Practice, ‘‘. . . [a]ny material that contains or is was consistent with the original intent the Joint Convention, and the Code of contaminated with source, byproduct or of the exclusion, initially adopted in a Conduct (including the supplemental 3 special nuclear material that by its 1995 rule. Guidance on Import and Export), the possession would require a specific In September 1990, the IAEA General NRC believed that encouraging return of radioactive material license in accordance Conference adopted the Code of Practice with this Chapter [10 CFR Chapter I] and is disused sources to the country of origin on the International Transboundary would help prevent sources from imported or exported for the purposes of Movement of Radioactive Waste (Code disposal in a land disposal facility as defined becoming ‘‘orphaned’’ by facilitating in 10 CFR Part 61, a disposal area as defined of Practice) which provides that ‘‘[t]he responsible handling of sources at the in Appendix A of 10 CFR Part 40, or an sending State should take the end of their life cycle. See Import and equivalent facility. . . .’’ appropriate steps necessary to permit Export of Radioactive Waste, 57 FR readmission into its territory of any 17859, 17861 (July 21, 1992) (proposed There are six exclusions in 10 CFR radioactive waste previously transferred rule): 110.2 to the definition of ‘‘radioactive from its territory if such transfer is not waste.’’ The sealed source exclusion or cannot be completed in conformity (‘‘the return of used or depleted sealed (exclusion one) is defined as radioactive with this Code . . ., unless an alternate sources, gauges, and similar items to the U.S. material that is ‘‘[o]f U.S. origin and safe arrangement can be made.’’ This or to another original exporting country for contained in a sealed source, or device Code of Practice served as a basis for the reconditioning, recycling or disposal may containing a sealed source, that is being sealed source exclusion in the 1992 . . . help ensure that such materials are returned to a manufacturer, distributor proposed rule (57 FR 17859) that handled responsibly and not left in dispersed and perhaps unregulated locations around or other entity which is authorized to described a United States policy of the world’’). receive and possess the sealed source or encouraging the return of disused the device containing a sealed source.’’ 1 sources to the country of origin for the The NRC’s willingness to embrace Disused sources that satisfy an purposes of helping to ensure that the this policy was in large part informed by exclusion to the definition of sources will be handled responsibly at U.S. industry comments that there is a: ‘‘radioactive waste’’ may be imported the end of their life cycle. The (returned) under the general license in regulatory history of this rule, finalized ‘‘widely accepted practice, usually rooted in 10 CFR 110.27, which requires that the a sales or leasing contract or other agreement, in 1995 (60 FR 375567), was in of returning depleted sealed radioactive U.S. consignee be authorized to receive principal and intent identical to the and possess the material under the sources, used gauges, and other instruments sealed source exclusion embraced by containing radioactive materials . . . to the the proposed rule. In the Statements of original supplier/manufacturer for recycle or 1 The NRC provided the following guidance on Consideration, the NRC described the scope of ‘‘U.S. origin’’ on NRC’s Export and disposal.’’ (57 FR 17864) Import Web page at (http://www.nrc.gov/about-nrc/ industry practice as limited to return of ip/export-import.html): ‘‘U.S. origin was added in disused sources to the original supplier See also, e.g., id. at 17861 (‘‘the sale the first exclusion to the definition of radioactive or country of origin. of a source is often conditioned on later waste to clarify that the exclusion only applies to Shortly thereafter, the adoption of the return of the source for disposal’’). sources of U.S. origin. U.S. origin sources may Code of Practice resulted in the include sources with U.S. origin material and Accordingly, central to the sealed sources or devices manufactured, assembled or source exclusion was the NRC’s distributed by a U.S. company from a licensed 2 The terms ‘‘supplier’’ and ‘‘importer’’ are used understanding, based on U.S. industry domestic facility. Disused sources that originated in interchangeably in this document with representations, that new and disused a country other than the United States would ‘‘manufacturers, distributors, or other entity.’’ sources are routinely exchanged on a require a specific license if being exported or 3 Import and Export of Radioactive Waste, 60 FR imported for disposal.’’ 37556 (July 21, 1995). ‘‘one-for-one’’ basis—i.e., a new source

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is exchanged for a disused source 4 deemed to be of U.S. origin for the for the availability and access to —with the result that the number of purposes of the sealed source exclusion disposal options. disused sources imported is not greater to the definition of ‘‘radioactive waste’’ Consistent with 10 CFR 110.53, the than the number of new sources in 10 CFR 110.2.5 This application of NRC staff may inspect the licensee’s exported. the sealed source exclusion is limited to records, premises, and activities After the addition of ‘‘U.S. origin’’ to disused sources imported into the pertaining to its exports and imports to the sealed source exclusion in the 2010 United States that have been exchanged ensure compliance with the sealed rule, it came to the NRC staff’s attention for a new source in a foreign country on source exclusion to the definition of that, while it remains a widespread a ‘‘one-for-one’’ basis. Accordingly, it is ‘‘radioactive waste.’’ industry practice to exchange new and the NRC’s expectation that the number This position was distributed to all disused sources on a ‘‘one-for-one’’ of disused sources imported by the Agreement States and material licensees basis, the current global supply market manufacturer or distributor into the as a proposed document for comment does not always allow a supplier to United States must not be greater than and is publicly available for use by all definitively ascertain the origin of a the number of new or refurbished potentially affected parties. particular disused source that is sources exported by that manufacturer Additionally, the NRC staff has exchanged for a new one before import or distributor. coordinated this position with the and receipt of the disused source. With The NRC staff believes that this Department of Energy/National Nuclear established customers, the disused application of the sealed source Safety Administration’s (DOE/NNSA) sources will generally be of U.S. origin; exclusion reasonably balances the Global Threat Reduction Initiative however, for new customers, some of interests of public health and safety and (GTRI) and confirmed that NRC does not the sources initially being returned may international policy interests in have jurisdiction over the GTRI not be of U.S. origin. The result is still responsible handling of sources at the program. a ‘‘one-for-one’’ exchange, resulting in end of their useful life. The approach D. Implementation the number imported not being greater preserves the fundamental policy than new sources exported. rationale underlying the original This technical position reflects the Once a source is imported and exclusion—to prevent sources from current NRC staff position on acceptable received, the manufacturer, distributor, being dispersed in unregulated locations use of the general license for import of or other entity technically has the around the world by facilitating a ‘‘one- disused radioactive sources. Therefore, ability to determine the source’s origin. for-one’’ exchange of U.S.-supplied new except in those cases in which the However, the only way for the supplier and disused sources—while achieving source manufacturer or distributor to accomplish this is by exposing its occupational doses to workers that are proposes an acceptable alternative personnel to additional radiation doses. as low as reasonably achievable, as method for complying with the Specifically, the supplier must use a specified in 10 CFR 20.1101(b). definition of ‘‘radioactive waste’’ in glove-box to take the source out of its The NRC staff expects U.S. Section 110.2, the guidance described casing to read the serial numbers and manufacturers, distributors, and herein will be used in the evaluation of correlate those numbers to different suppliers to make a good faith effort to the use of the general import license for manufacturer’s coding patterns. determine source origin before an disused sources. C. Regulatory Position import occurs. A good faith effort by the III. Analysis of Public Comments on importer includes, but is not limited to, The NRC staff has construed the ‘‘U.S. Proposed Branch Technical Position origin’’ provision in the context of the communication of U.S. import The NRC received responses from industry’s recent clarification of requirements with its foreign customers, eight organizations including States, international source exchange practices. examination of a photograph of the licensees, and others on the proposed The NRC staff recognizes that in some source the customer seeks to exchange, BTP on the Import of Non-U.S. Origin circumstances it may not be feasible for and obtaining other relevant Radioactive Sources, 77 FR 64435 the importer to determine the country of information related to the disused (October 22, 2012) that was published origin for disused sources it seeks to sources’ origin. It is recommended that for a 60-day public comment period. exchange prior to import. If, after a good U.S. importers retain copies of their The commenters were: the Northwest faith effort and without exposing communications with their foreign Interstate Compact on Low-Level personnel to additional doses, the U.S. customers regarding U.S. import Radioactive Waste Management manufacturer, distributor, or other requirements. At all times, the U.S. (Northwest Compact), the State of entity cannot determine whether an importer must comply with the specific Utah’s Department of Environmental imported disused source that has been license requirement for disused sources Quality (UDEQ), the State of Virginia’s exchanged for a new source is of U.S. known to be of non-U.S. origin prior to Department of Health–Division of origin, the source in question shall be import into the United States. The Radiological Health (State of Virginia), specific license requirements include the Organization of Agreement States meeting the provisions/conditions of the 4 The sealed sources are changed out when the (OAS), the Nuclear Energy Institute decay of the source limits the usefulness of the material possession license which may (NEI), the International Source material. At this point, a supplier typically will limit the quantity/activity held in send a new source and the user will return the used Suppliers and Producers Association storage on site. Licensees should (ISSPA), QSA Global Inc. (QSA), the source in the same shielded container. This practice consider the potential ramifications and is typically formalized in the contract between the Low-Level Radioactive Waste Forum user and the supplier. Sometimes the sources are costs of extended storage due to lack of Inc.–Disused Sources Working Group still useful and can be recycled for re-use in a disposal options. Licensees should (LLW Forum), and International different application. In that case, the sixth recognize that the low-level radioactive exclusion to the definition of ‘‘radioactive waste’’ Isotopes Inc. (International Isotopes). applies and the source can be imported under a waste compacts have legal jurisdiction Most of the comments did not general license even if it is non-U.S. origin. disagree with the underlying rationale 5 Guidance on this exclusion can be found on NRC’s The definition of ‘‘radioactive waste’’ in this for the regulation in Part 110 and Export and Import Web page at http://www.nrc.gov/ BTP paper pertains solely to export and import. It about-nrc/ip/export-import.html and is in harmony does not affect or alter the domestic regulations of justification for the BTP’s interpretation with this position paper. ‘‘waste’’ as defined in 10 CFR 20.1003. (i.e., to construe non-U.S. origin disused

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sources as U.S. origin under certain disused source imported for disposal in industrial, or other types of sources that circumstances for purpose of exclusion a Part 61 or Part 40 (Appendix A), or are included in devices. For those one to the definition of radioactive equivalent facility, even if it contains radiographic exposure devices, as waste in 10 CFR 110.2.) Instead, many section 11e(3) or section 11e(4) material, defined in 10 CFR 34.3, which meet the of the comments appear to request that would qualify as radioactive waste performance requirement of 10 CFR NRC revise or clarify the existing under the Part 110 definition of 34.20(b)(2) and qualify as Type B exclusions to the definition of ‘‘radioactive waste’’ since disposal transport containers in accordance with radioactive waste in Part 110. Although would ‘‘. . . require a specific the applicable requirements of 10 CFR only minimal changes are being made to radioactive material license in part 71, the radiographic exposure the proposed BTP (mainly to provide accordance with this Chapter and is device houses the source and is integral more historical background and context imported or exported for the purposes of to the use of the material for its and to explicitly point out costs and disposal in a land disposal facility . . .’’ intended purpose. The sealed source access to limited disposal options), the pursuant to NRC’s regulations. The term exclusion is applicable as is the ‘‘one- NRC staff found the comments useful in ‘‘equivalent facility’’ used here refers to for-one’’ discussion. These are not the identifying concerns and is formally Part 61 equivalent facilities in foreign same as shipping containers that are responding to those comments in countries for export purposes and does used solely for transferring new or used conjunction with publication of the not relate to import of disused sources. sources. NRC does not consider a Type final BTP in the Federal Register. This clarification is not directly related B shipping container that is not integral to the discussion of U.S. origin in the to the use of the material for its Comment Response BTP and therefore has been included as intended purpose to be a device, as the Comment: Four commenters (NEI, a frequently asked question (FAQ) on term is commonly used and understood OAS, ISSPA, and the State of Virginia) NRC’s Web site at http://www.nrc.gov/ in NRC’s domestic regulatory program. agreed with the guidance provided in about-nrc/ip/faq.html. A device typically only contains one the proposed BTP and urged NRC staff Comment: QSA requested that the source whereas a shipping container can to publish the final document in the final BTP include clarification of include a number of sources with Federal Register in the near future. Footnote 1 in the BTP.6 Specifically, different origins. All of the sources in Response: The comment resolution QSA commented that: the shipping container need to be taken into account in the one-to-one exchange document will be published in the ‘‘We understood that the draft BTP was Federal Register in conjunction with going to further clarify, that if a non-U.S. and determining origin. the final BTP. origin source is contained in a U.S. device, Comment: The LLW Forum requested Comment: International Isotopes and and that U.S. device needs to be returned to that further interactions with the NRC NEI requested that clarification the U.S. for use, then that can be considered take place regarding the first and sixth regarding disused sources containing a legitimate import regardless of the source exclusions of the definition of byproduct material as defined under origin. We suggest the BTP add further ‘‘radioactive waste’’ in 10 CFR 110.2. section 11e(3) or section 11e(4) of the clarification on this point for sources The first exclusion addresses U.S. returned in a device under footnote 1. This origin. The sixth exclusion concerns Atomic Energy Act be included in the change will continue to support international BTP. The commenters asked for commerce, and will not impose unfair legitimate recycling of radioactive ‘‘additional language to be added to the competitive restrictions on U.S. sources. BTP to address the import of non-U.S. manufacturers since many other countries do Response: As stated in the final rule, origin sources containing accelerator not have this restriction.’’ the NRC added a sixth exclusion to the definition of ‘‘radioactive waste’’ to produced radioisotopes or Radium-226 QSA explained that disused sources clarify that the definition does not which can be disposed of in non-Part 61 (both U.S. and foreign origin) are loaded include material imported solely for the or equivalent facilities’’ as it was into U.S. shipping containers, purposes of recycling and not for waste unclear to them if ‘‘equivalent facility’’ presumably when customers order management or disposal where there is could include Resource Conservation replacement sources and if they have a market for the recycled material and and Recovery Act (RCRA) facilities. limited or no storage capacity for spent evidence of a contract or business To address this concern, International sources. QSA’s interpretation of ‘‘U.S. agreement can be produced upon Isotopes suggested that a footnote be origin’’ devices include U.S. shipping added to the BTP such as the following: request by the NRC. containers. Specifically, QSA uses the In addition to the LLW Forum’s ‘‘Non-U.S. origin radioactive sources terms ‘‘device’’ and ‘‘shipping comment, the NRC also received several containing byproduct material, as defined in container’’ interchangeably in the 10 questions from industry regarding the paragraphs (3) and (4) of the definition of CFR 110.2 definition of ‘‘radioactive applicability of the sixth exclusion to ‘‘byproduct material’’ set forth in 20.1003, material.’’ does not require a specific import license if long-lived isotopes sealed in radioactive The NRC staff believes that the sources. Specifically, the NRC has been it [the material] is intended for disposal at a guidance for ‘‘U.S. origin’’ in Footnote disposal facility authorized to dispose of asked for clarification on the such material in accordance with any Federal 1 is clearly addressing medical, applicability of exclusion six in cases or State solid or hazardous waste law, where sources were imported for 6 including the Solid Waste Disposal Act, as The NRC provided the following guidance on recovery and reuse of the radioactive authorized under the Energy Policy Act of the scope of ‘‘U.S. origin’’ on NRC’s Export and Import Web page at (http://www.nrc.gov/about-nrc/ material but, upon import, due to the 2005.’’ ip/export-import.html): ‘‘U.S. origin was added in condition of the source or device, it was Response: Any disused source the first exclusion to the definition of radioactive determined that the material could not waste to clarify that the exclusion only applies to imported for disposal in a RCRA facility sources of U.S. origin. U.S. origin sources may be recovered or reused as intended. The would not be treated as ‘‘radioactive include sources with U.S. origin material and NRC staff recognizes that in some waste’’ under NRC’s definition of sources or devices manufactured, assembled or circumstances sources imported with radioactive waste found in 10 CFR part distributed by a U.S. company from a licensed the intent to recycle may be discovered domestic facility. Disused sources that originated in 110.2 since it is not being disposed of a country other than the United States would to be not recyclable. The NRC staff in a Part 61, Part 40 (Appendix A) or require a specific license if being exported or construes the sixth exclusion in 10 CFR equivalent facility. Conversely, any imported for disposal.’’ 110.2 to authorize import for recycle

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and/or reuse under the general license waste following its use within a foreign Amended Resolution and Order’’ would to apply in a situation where, based on country, prior to its return to the U.S. appear not to allow sources used in the best available information and after manufacturer.’’ foreign jurisdictions (to the end of a good faith effort to determine Furthermore, The Northwest Compact useful life) to be disposed of at a recyclability of the source(s) prior to the stated that: Compact facility even if a source import taking place, a U.S. company ‘‘It is difficult to envision the return of a originated in a Northwest Compact imports a source with the intent of ‘‘depleted’’ radioactive sealed source as member state and is considered to be recovering the radioactive material for anything other than the return of waste that ‘‘U.S. origin’’ and excluded from the reuse in another application but upon was generated within a foreign country. definition of radioactive waste by the import discovers that a source is not Without such a policy, there is little NRC for purposes of import. The incentive for out-of-region states or foreign Northwest Compact thus purports to recyclable. A good faith effort by the countries to develop the capacity to properly importer includes, but is not limited to, handle radioactive sealed sources following have the authority to prevent return to communication of U.S. import their useful life.’’ the U.S. of disused sources originating requirements with its foreign customers, in the U.S. but used in a foreign The Northwest Compact examination of a photograph of the country. recommended that the NRC add a source(s) the customer seeks to The NRC staff believes that the statement such as the following to the Northwest Compact’s interpretation of exchange, and other relevant BTP: information related to the source’s country of origin and what is ‘‘foreign’’ recyclability such as current activity ‘‘Returned sources may have limited waste is inconsistent with the level. disposal access as the interstate compacts in commonly understood and accepted which three of the four operating Part 61 At all times, the U.S. importer must interpretation of country of origin for commercial disposal facilities in the U.S. are disused sources (i.e., the country where comply with the specific license located may view the returned radioactive requirement for ‘‘radioactive waste’’ as sealed sources as foreign low-level waste and the disused sources were manufactured defined in 10 CFR 110.2. Any person would not provide access for disposal.’’ rather than used) under the who imports materials under a general international agreements to which the Response: The NRC disagrees that a U.S. is a signatory, including the Code license for recycling using exclusion six, U.S.-manufactured source that was used but with the intent of disposing of that of Practice, the Joint Convention, and outside the U.S. should be treated as the Code of Conduct, all of which material in the United States would be foreign-generated radioactive waste for subject to NRC enforcement action. In expect that signatory countries be purposes of import under Part 110. As responsible for the disposition of addition, there may be instances in stated in the BTP, facilitating return of which some small value may be disused sources originating within their U.S.-manufactured disused sources own country. obtained from the materials that are through the use of a general license, imported, but the primary intention is To the extent that the Northwest among other things, furthers Compact is suggesting that its Compact for disposal. In such cases, to avoid international policy objectives regarding possible enforcement action the NRC authority may be exercised in a manner disused sources committed to by the that is contrary to federal law, including staff should be consulted before any United States, including the United such imports are made. It is NRC regulations, and underlying U.S. States’ implementation of the Code of policy objectives to promote responsible recommended that U.S. importers retain Conduct. Specifically, paragraph 27 of handling of disused sources on an copies of their communications with the Code of Conduct states: international scale, the NRC staff their foreign customers regarding U.S. disagrees. Section 4(b)(4) of the Low import requirements and records of ‘‘Every State should allow for re-entry into its territory of disused radioactive sources if, in Level Radioactive Waste Policy Act of efforts taken to determine recyclability the framework of its national law, it has 1985, as amended, provides that, of the source(s) prior to import. This accepted that they be returned to a ‘‘[e]xcept as expressly provided in this guidance is also posted as an FAQ on manufacturer authorized to manage the Act, nothing contained in this Act or the import/export Web site at http:// disused sources.’’ any compact may be construed to limit www.nrc.gov/about-nrc/ip/faq.html. The return of disused sources to the the applicability of any Federal law or Comment: The Northwest Compact country of origin is a well-established to diminish or otherwise impair the pointed out that NRC’s definition of industry practice not only in the United jurisdiction of any Federal agency. . . .’’ radioactive waste to exclude U.S. origin States but in many other countries. The NRC staff questions whether disused sources is not consistent with Global implementation of the Code of application of the Northwest Compact’s the Compact’s definition of radioactive Practice, Joint Convention, and Code of ‘‘Resolution’’ in a manner that would waste in its ‘‘Resolution Clarifying the Conduct (including the supplementary interfere with the federal scheme for Third Amended Resolution and Order,’’ Guidance on Import and Export) responsible disposition of U.S. origin which the Compact claims requires provides responsible end-of-life disused sources used overseas, treating U.S.-manufactured disused management for all international parties including disused sources originating sources that are used outside the U.S. as (see Background section of BTP for within a Northwest Compact member foreign radioactive waste. According to additional details). The practice of state, would be a permissible exercise of the Northwest Compact: allowing return to the U.S. under Compact authority consented to by ‘‘A depleted sealed source means that the general license of U.S.-manufactured Congress under the Northwest Interstate useful life of the returned radioactive sealed disused sources has been in use in the Compact on Low-Level Radioactive sources is exhausted or used up which means United States at least since the mid- Waste Management. The NRC staff the Compacts would view such sources as 1990’s. recognizes, however, that legal and radioactive waste. Following purchase from a The NRC staff recognizes that policy issues regarding the interface U.S. manufacturer, the source spent its entire useful life employed for its specific purpose differences in interpretation of the between federal authority and state in the foreign country. So although the BTP meaning of ‘‘foreign’’ radioactive waste compact authority have yet to be tested would allow such sources to be returned to may limit disposal options for licensees. in this particular context and, in any the manufacturer as material, in reality the The Northwest Compact’s current event, are beyond the scope of the BTP. radioactive sealed source actually became ‘‘Resolution Clarifying the Third We reiterate that the BTP itself is

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consistent with the NRC rule regarding (emphasis added)) where ‘‘. . . when the NRC is in the process of import and export of radioactive waste ‘‘management’’ includes authorization developing policy positions on the disposal that has been in place since 1995, and, for long-term storage under a company’s of disused sources, the NRC should evaluate through its limitation to one-for-one NRC or Agreement State issued whether the position is consistent with the exchanges, has a neutral effect on policies of interstate compacts that host Part possession license. A general license (10 61 commercial low-level radioactive waste disposal capacity constraints within the CFR 110.27) is contingent on ‘‘the U.S. disposal facilities and should also include U.S. The NRC staff also notes that the consignee [being] authorized to receive consultation and communication with other nine Low-Level Waste Compacts and possess the material under a general affected compacts and sited states.’’ and ten unaffiliated States have not or specific NRC or Agreement State Response: The NRC staff works within expressed specific views on the waste license . . .’’ Among other things, the the confines of the Atomic Energy Act management practices that apply to domestic authorization sets possession of 1954, as amended, and recognizes the disused radioactive sources. limits and provisions for long-term authorities granted to the States and By addressing this aspect of the storage. The NRC staff is aware that Compacts in the Low Level Waste Northwest Compact’s comment in this there may not be disposal options for Policy Act of 1985. The LLW Compacts comment resolution document some sources due to current Compact are provided multiple opportunities to (published at the same time as the BTP), policies on admittance of out-of- comment on publications for the NRC is reiterating to licensees the Compact waste. rulemaking in Part 110, Part 110 specific potential limits both to disposal options Agreement State and NRC possession license applications for import of for disused sources and long-term license holders historically have not radioactive waste, and guidance storage capacity at the licensees’ differentiated use or storage of documents such as the BTP (see pre- respective sites. radioactive sources based on origin. In emption response above). Comment: Three commenters terms of their possession limits and Comment: International Isotopes (Northwest Compact, LLW Forum and storage capacity, licensees handle the suggested that the final BTP should UDEQ) would like additional language sources identically regardless of origin ‘‘recognize the practice of a ‘‘one-for- added to the BTP to acknowledge the in order to protect public health and one’’ source exchange and acknowledge lack of current disposal options for non- safety. With the ‘‘one-for-one’’ exchange that there are complexities associated U.S. origin disused radioactive sources. required under the BTP, there should be the radioactive source supply chain.’’ UDEQ commented that ‘‘[t]he no increase in the volume of disused More specifically, International Isotopes importation of sources/devices not sources for management or disposal as points out that the timing of exports and directly attributable to U.S.-origin a result of the BTP. The application of imports over the course of a timeframe certainly raises a concern regarding this BTP is limited to those radioactive might not align specifically with the disposal site access in Utah.’’ UDEQ sources that have been exchanged on a ‘‘one-for-one’’ principle on which the suggested adding clarification to the ‘‘one-for-one’’ basis and after a good BTP is based. BTP to state that where disposal of such faith effort has been made by the Response: The NRC staff recognizes sources is not an option, a licensee importer to determine the origin. that importing/exporting trends and an Accordingly, it is the NRC’s expectation ‘‘. . . would still be required to store these importer’s intent are licensee and sources safely, to meet the financial that the number of disused sources isotope-specific and will be considered assurance provisions as applicable in the imported by the manufacturer or on a case-by-case basis by NRC staff. regulations, and would have to dispose of the distributor into the United States must sources in an authorized facility at some not be greater than the number of new Dated at Rockville, Maryland, this 22nd time. The DEQ staff expects that licensees day of August, 2013. would consider the additional costs for or refurbished sources exported by that For the Nuclear Regulatory Commission. potential storage and out-of-compact disposal manufacturer or distributor. in deciding whether to import sources . . .’’ Comment: The Northwest Compact Charlotte Abrams, UDEQ also suggested adding more and the UDEQ suggested that the final Acting Director, Office of International Program. explanatory text regarding potential BTP include language explicitly: storage and disposal considerations and ‘‘. . . informing U.S. licensees to consider [FR Doc. 2013–20975 Filed 8–27–13; 8:45 am] requirements directly into the BTP as a the ramifications and costs of the potential BILLING CODE 7590–01–P clarifying footnote. The Northwest need for extended storage in the absence of Compact and LLW Forum raised similar a recycling or subsequent disposal option for concerns about potential impacts on imported sources and devices as well as the DEPARTMENT OF TRANSPORTATION legal jurisdictions of low-level radioactive capacity for domestic long-term storage waste compacts in terms of the availability of Federal Aviation Administration and ultimate disposal by NRC and or access to disposal activities.’’ Agreement State licensees. Specifically, 14 CFR Part 141 the LLW Forum observed that Response: The NRC is aware that the costs of long term storage may be an [Docket No. FAA–2010–0100; Amdt. No. ‘‘. . . although NRC may allow certain issue for some licensees. For this reason, radioactive sources to be imported into the 141–17A] NRC has added language to the final country under the proposed BTP, the agency RIN 2120–AJ67 should be aware that there may not be a BTP to reflect the Northwest Compact and State of Utah concerns regarding the disposal option for the sources depending Pilot Certification and Qualification upon the policies of the particular Compact availability and access to the limited Requirements for Air Carrier and/or sited state to which the sources are disposal options currently available. Operations; Correction being returned.’’ Comment: The LLW Forum expressed Response: A specific license for the that ‘‘the NRC should show greater AGENCY: Federal Aviation import of radioactive waste must ‘‘. . . deference to the LLW Compacts and Administration, DOT. name an appropriate facility that has host states through earlier and more ACTION: Final rule; correction. agreed to accept and is authorized to active involvement in the import of possess the waste for management or potentially non-U.S. origin radioactive SUMMARY: The FAA is correcting a final disposal . . .’’ (10 CFR 110.43(d) sources for disposal.’’ They suggest that: rule published on July 15, 2013 (78 FR

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42324). In that final rule, which became DEPARTMENT OF THE TREASURY 02]) (the proposed’’ is corrected to read effective on the date of publication, the ‘‘947 [73 FR 49965]) (the proposed’’. Internal Revenue Service FAA amended its regulations to create Martin V. Franks, new certification and qualification 26 CFR Part 1 Chief, Publications and Regulations Branch, requirements for pilots in air carrier Legal Processing Division, Associate Chief operations. The FAA inadvertently Counsel (Procedure and Administration). [TD 9619] listed an incorrect amendment number [FR Doc. 2013–20495 Filed 8–27–13; 8:45 am] for that final rule. This document BILLING CODE 4830–01–P corrects that error. RIN 1545–BD84 DATES: Effective: August 28, 2013. Regulations Enabling Elections for DEPARTMENT OF THE TREASURY FOR FURTHER INFORMATION CONTACT: For Certain Transaction Under Section technical questions concerning this 336(e); Correction Internal Revenue Service correction contact Barbara Adams, Air AGENCY: Internal Revenue Service (IRS), Transportation Division, AFS–200, 26 CFR Part 1 Treasury. Federal Aviation Administration, 800 [TD 9619] Independence Avenue SW., ACTION: Correction to final regulations. Washington, DC 20591; telephone (202) RIN 1545–BD84 267–8166; facsimile (202) 267–5299, SUMMARY: This document describes email [email protected]. corrections to final regulations [TD Regulations Enabling Elections for 9619] that provide guidance under Certain Transaction Under Section For legal questions concerning this section 336(e) of the Internal Revenue 336(e); Correction correction contact Anne Moore, Office Code (CODE), which authorizes the of the Chief Counsel—International issuance of regulations under which an AGENCY: Internal Revenue Service (IRS), Law, Legislation, and Regulations election may be made to treat sale, Treasury. Division, AGC–240, Federal Aviation exchange or distribution of at least 80 ACTION: Correcting amendment. Administration, 800 Independence percent of the voting power and value Avenue SW., Washington, DC 20591; of the stock of a corporation (target) as SUMMARY: This document contains telephone (202) 267–3123; facsimile a sale of all its underlying assets. These amendments to correct errors in final (202) 267–7971, email anne.moore@ regulations were published in the regulations [TD 9619] that provide faa.gov. Federal Register on Wednesday, May guidance under section 336(e) of the 15, 2013. Internal Revenue Code (CODE), which SUPPLEMENTARY INFORMATION: authorizes the issuance of regulations DATES: This correction is effective on under which an election may be made Background August 28, 2013, and is applicable to treat sale, exchange or distribution of beginning May 15, 2013. On July 15, 2013, the FAA published at least 80 percent of the voting power a final rule entitled, ‘‘Pilot Certification FOR FURTHER INFORMATION CONTACT: and value of the stock of a corporation (target) as a sale of all its underlying and Qualification Requirements for Air Mark J. Weiss, (202) 622–7930 (not a assets. These regulations were Carrier Operations’’ (78 FR 42324). In toll-free number). published in the Federal Register on that final rule, which became effective SUPPLEMENTARY INFORMATION: Wednesday, May 15, 2013. July 15, 2013, the FAA amended part Background DATES: 141. The FAA inadvertently listed the This correction is effective on August 28, 2013, and is applicable incorrect amendment number for part The final regulations (TD 9619) that beginning May 15, 2013. 141 in the header information of the are the subject of this correction are final rule as 141–1. The correct under section 336(e) of the Code. FOR FURTHER INFORMATION CONTACT: amendment number is 141–17. Mark J. Weiss, (202) 622–7930 (not a Need for Correction toll-free number). Correction As published May 15, 2013 [78 FR SUPPLEMENTARY INFORMATION: In the final rule, FR Doc. 2013–16849, 28467] TD 9619 contains errors that may Background published on July 15, 2013, at 78 FR prove to be misleading and is in need of clarification. The final regulations (TD 9619) that 42324, make the following correction: are the subject of this correction are 1. On page 42324 in the heading of Correction of Publication under section 336(e) of the Code. the final rule, revise ‘‘Amdt. No. 141–1’’ Accordingly, the publication of the Need for Correction to read as ‘‘Amdt. No. 141–17’’. final regulations [TD 9619], which were the subject of FR Doc. 2013–11522, is As published May 15, 2013 [78 FR Issued in Washington, DC, under the 28467] TD 9619 contains errors that may authority provided by 49 U.S.C. 106(f), corrected as follows: prove to be misleading and is in need 44701(a) and Secs. 216–217, Public Law 111– 1. On page 28467, column 2, in the of clarification. 216, 124 Stat. 2348 on August 23, 2013. preamble under the caption ‘‘Paperwork Brenda D. Courtney, Reduction Act’’, the fourth line from the List of Subjects in 26 CFR Part 1 Acting Director, Office of Rulemaking. top, the language, ‘‘in §§ 1.336–2(h) and Income taxes, Reporting and [FR Doc. 2013–20962 Filed 8–27–13; 8:45 am] 1.336–4(c)(4). This’’ is corrected to read recordkeeping requirements. ‘‘in §§ 1.336–2(h) and 1.336–4(c). This’’. BILLING CODE 4910–13–P 2. On page 28467, column 2, in the Correction of Publication preamble under the caption Accordingly, 26 CFR part 1 is ‘‘Background’’, second paragraph, fifth corrected by making the following line, the language, ‘‘947 [73 FR 49965– correcting amendments:

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PART 1—INCOME TAXES POSTAL SERVICE • Return postage is guaranteed through a postage due account. ■ Paragraph 1. The authority citation 39 CFR Part 111 • Postage on the ballot is prepaid by for part 1 continues to read in part as stamps, meter, or Permit Reply Mail. follows: Balloting Materials Postage Comments and Discussion Authority: 26 U.S.C. 7805 * * * AGENCY: Postal ServiceTM. The Postal Service received fourteen ■ ACTION: Par. 2. In § 1.336–2, paragraphs Final rule. formal responses to the proposed rule. (b)(1)(i)(C) and (h)(8) Example 2. (ii) are Thirteen responses were received from revised to read as follows: SUMMARY: The Postal Service will revise Mailing Standards of the United States State election officials and one comment § 1.336–2 Availability, mechanics, and Postal Service, Domestic Mail Manual was received from a consumer. Several consequences of section 336(e) election. (DMM®) 703.8.0 to require that all ballot responses included comments about * * * * * types include in the balloting materials more than one issue. Comments and responses are as follows. (b) * * * a marking to indicate that the proper One commenter pointed out that in (1) * * * amount of postage must be paid and the the preamble the word ‘‘sufficient’’ was (i) * * * balloting materials must also indicate the specific amount of postage for the included in the markings to indicate (C) Tiered targets. In the case of that the proper amount of postage must parent-subsidiary chains of corporations return of ballots, unless mailed under certain specified exceptions. be paid, but was omitted in the making section 336(e) elections, the proposed text of DMM 703.8.1.2. We DATES: deemed asset disposition of a higher-tier Effective date: October 7, 2013. regret any confusion, and note that the subsidiary is considered to precede the FOR FURTHER INFORMATION CONTACT: word ‘‘sufficient’’ will not be required deemed asset disposition of a lower- Steven Monteith at (202) 268–6983, or in the markings required by the final subsidiary. Garry Rodriguez at 202–268–7281. rule. * * * * * SUPPLEMENTARY INFORMATION: On May 2, Some commenters indicated that they (h) * * * 2013, the Postal Service published a are already including different (8) * * * proposed rule (78 FR 25677–25678) variations of the proposed markings. Example 2. *** inviting comments on revisions to the The Postal Service appreciates this (ii) Making of election for S standards for balloting materials. In proactive approach and will make the Corporation Target. Because S response to this proposed rule, the necessary changes to also allow the use Corporation Target is an S Corporation Postal Service received several of approved versions. Target, in order to make a section 336(e) comments that are summarized and One commenter questioned the election for the qualified stock discussed below. requirement to indicate the specific disposition of S Corporation Target, the After considering the comments amount of postage required, based on requirements of paragraph (h)(3) of this received, the Postal Service will revise the current use of ForeverTM stamps. section must be satisfied. On or before the DMM to require that the balloting The value of a Forever stamp is widely the due date of S Corporation Target’s materials for all types of ballots, publicized as the current First-Class Federal income tax return that includes whether disseminated hardcopy or Mail single-piece 1-ounce price. When a Date 1, A, B, C, and S Corporation electronically, must indicate in a Forever stamp is used on a piece Target must enter into a written, binding prominent location the proper amount requiring postage greater than the First- agreement to make a section 336(e) of First-Class Mail® postage that must be Class Mail single-piece 1-ounce price, election; S Corporation Target must paid. This information must be included additional postage must be affixed. retain a copy of the written agreement; in the balloting materials (i.e., on the Other commenters voiced practical and S Corporation Target must attach ballot, ballot instructions, mailing concerns about the requirement to the section 336(e) election statement to instructions, or the envelope) with the indicate the specific amount of postage its timely filed Federal income tax marking ‘‘First-Class Mail postage must for the return of the ballot. These return for the taxable year that includes be applied.’’ Alternatively, the marking concerns included the need to order Date 1. ‘‘Apply First-Class Mail postage here’’ election envelopes in bulk, management * * * * * could be printed in the upper right of excess inventory, and the effect of ■ Par. 3. Section 1.1502–13 is amended corner of the address side of the annual price changes. In response to by revising the heading of paragraph envelope used by the voter to return the these concerns, the definition of (f)(5)(ii)(C) to read as follows: ballot to election officials. The Postal ‘‘balloting materials’’ has been Service will also accept approved broadened to include ‘‘mailing § 1.1502–13 Intercompany transactions. variations of the above markings. instructions.’’ This will provide election * * * * * Additionally, this final rule requires officials an alternative to printing the (f) * * * that the balloting materials indicate in a markings on the ballot, voting (5) * * * prominent location the specific amount instructions, or return envelope. (ii) * * * of First-Class Mail postage required for Some commenters expressed concerns (C) Sections 338(h)(10) and 336(e). the return of the ballot to election regarding the ability of election officials *** officials. to determine the specific postage The marking requirements will not * * * * * required to return the ballot. The apply to balloting materials that meet amount of postage communicated to Martin V. Franks, one of the following exceptions: voters should be based only on what is Chief, Publications and Regulations Branch, • The balloting materials are qualified required to be returned. Local postal Legal Processing Division, Associate Chief under the special exemption for military personnel are available to work with Counsel, (Procedure and Administration). and overseas voting. election officials to determine the [FR Doc. 2013–20491 Filed 8–27–13; 8:45 am] • The ballot is returned under amount of postage which should be ® BILLING CODE 4830–01–P Business Reply Mail service. applied.

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One commenter suggested the use of Some commenters questioned the One commenter inquired regarding a static URL or telephone number in treatment of ballots returned with the treatment of matter sent as Free lieu of the proposed markings. We insufficient postage. Generally, mail of Matter for the Blind and Other believe that placing the correct postage any class received at either the office of Physically Handicapped Persons. due notification in a prominent location mailing or office of address without Subject to the standards in DMM within the balloting materials will have enough postage is marked to show the 703.5.0, acceptable matter sent to the higher visibility and encourage voter total deficiency of postage and is blind or other physically handicapped compliance. A link to an ancillary delivered to the addressee on payment persons may be entered as domestic information source may be provided as of the charges marked on the mail. If mail free of postage. Under DMM a supplement. ballots are returned with insufficient 703.5.2, reading matter in braille or 14- One commenter raised concerns over postage, the Postal Service will deliver point or larger sightsaving type is the ability to provide the postage these ballots to election officials and considered acceptable matter subject to amount for the return of the ballot on collect postage due from election opening and inspection by the USPS. In electronic ballots that are printed by the officials who accept delivery of short accordance with DMM 703.5.3 matter voter. The Postal Service recognizes the paid ballots. The Postal Service may also be mailed free of postage by potential for inconsistency when voters recommends that all election officials blind or other physically handicapped self-print ballots and use unspecified have a postage due account for the persons. This matter includes unsealed paper and envelope configurations. The payment of postage due or use Business letters in braille or in 14-point or larger Postal Service recommends that election Reply Mail service. If election officials sightsaving type containing no officials include a supplementary decline to pay the postage due for short advertising. Where requested, the Postal notification specifically directed to paid ballots, the ballots will be handled Service will cooperate with election voters who self-print and return ballots, under the standards provided in DMM officials regarding any modification of such as: ‘‘Please be sure to affix the 604.8.0. the vote-by-mail process to correct amount of First-Class Mail One commenter stated that accommodate the needs of blind or postage when returning ballots through implementation of the new standards other physically handicapped voters. the U.S. Mail.’’ would lead not only to increased Some additional comments were Some commenters suggested an printing costs, but also to voter received, generally pertaining to mail exception to the proposed requirements disenfranchisement. To the contrary, the classification, pricing, special should be made based on an Postal Service anticipates that the new ® exemptions, delivery, and postage arrangement with the USPS to pay for standards will improve the vote-by-mail payment methods. These comments all ballots returned with insufficient process for all participants, and thus have been deemed by the Postal Service postage. The Postal Service recognizes encourage an increase in voter to be beyond the scope of this rule. and appreciates the local partnerships participation. While some election that many election officials have with officials have arrangements in place to In addition, based on subsequent the Postal Service. Therefore, we have process ballots with insufficient communication with election officials, included use of a postage due account postage, many do not. Since each the Postal Service has revised its to pay postage due on all short-paid election cycle presents a different set of original proposal to include the ballots as an exception to the markings. parameters for ballot creation and for prepayment of postage by stamps, One commenter questioned the means the size and weight of the mail piece, meter, or Permit Reply Mail, as an of verification to ensure compliance we believe that voters need to be better additional exception to the marking with the marking requirements. As part informed of the correct postage required standards. of the verification procedure, mailers to return a ballot by mail. Informing The Postal Service adopts the are required to provide a sample of voters will enhance the vote-by-mail following changes to Mailing Standards balloting materials to the Business Mail process: of the United States Postal Service, Entry Unit (BMEU) at the time of D Voters will know what postage is Domestic Mail Manual (DMM), mailing. If a sample is not provided, required to return their ballot and will incorporated by reference in the Code of BME staff will contact the mail provider be more likely to apply the correct First- Federal Regulations. See 39 CFR 111.1. or mail owner and request that the Class Mail postage. required sample be provided to the D Election officials will incur less List of Subjects in 39 CFR Part 111 BMEU the same day. To ensure expense to pay the postage due on Administrative practice and consistency and provide clarity, the returned ballots. procedure, Postal Service. requirement to provide a sample with D The Postal Service will be able to Accordingly, 39 CFR part 111 is each mailing will be added to the DMM. process ballots in a timely manner and amended as follows: One commenter questioned the expedite their return to election treatment of balloting materials that do officials, without the added delay and PART 111—[AMENDED] not comply with the marking expense of calculating and collecting requirements. The Postal Service will postage due. ■ 1. The authority citation for 39 CFR actively assist election officials to In sum, the requirement to inform the part 111 continues to read as follows: comply with the applicable postal laws voter about the correct postage required and regulations governing mail to return a ballot by mail has numerous Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– preparation and mailability. Information benefits. The design and prominent 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001–3011, 3201– about USPS standards is available from placement of the notification will assist 3219, 3403–3406, 3621, 3622, 3626, 3632, postmasters, BME managers, the Pricing in this process. Election officials will 3633, and 5001. and Classification Service Center have several options for compliance, manager, and Postal Explorer® at including the choice to establish a ■ 2. Revise the following sections of pe.usps.com. Election officials also have postage due or Business Reply Mail Mailing Standards of the United States the option of using Business Reply Mail account and can select the one they Postal Service, Domestic Mail Manual service or establishing a ‘‘postage due’’ believe is the easiest and least costly to (DMM), as follows: account in lieu of using the markings. implement. * * * * *

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Mailing Standards of the United States for any election, whether disseminated the national ambient air quality Postal Service, Domestic Mail Manual hardcopy or electronically, must standards (NAAQS) for ozone under (DMM) indicate in a prominent location on the title I of the Clean Air Act (CAA). This * * * * * balloting materials the specific amount final action adds trans 1-chloro-3,3,3- of First-Class Mail postage required for trifluoroprop-1-ene (also known as 700 Special Standards return by mail to election officials. SolsticeTM 1233zd(E)) to the list of compounds excluded from the [Revise the heading of 703 as follows:] 8.1.5 Verification regulatory definition of VOCs on the 703 Nonprofit Standard Mail and/or Except for ballots meeting one of the basis that this compound makes a Other Unique Eligibility exceptions under 8.1.2, each mailing negligible contribution to tropospheric * * * * * must be accompanied by a complete ozone formation. As a result, if you are sample mailpiece. subject to certain federal regulations [Revise the heading of 8.0 as follows:] limiting emissions of VOCs, your [Revise the heading of renumbered 8.2 TM 8.0 Balloting Materials as follows:] emissions of Solstice 1233zd(E) may not be regulated for some purposes. This [Renumber 8.1 and 8.2 as 8.2 and 8.3. 8.2 Special Exemption action may also affect whether Add new 8.1 as follows:] TM 8.2.1 Definition Solstice 1233zd(E) is considered as a 8.1 Basic Standards VOC for state regulatory purposes, [Revise the introductory text of depending on whether the state relies 8.1.1 Definition renumbered 8.2.1 as follows:] on the EPA’s regulatory definition of Balloting materials include postcard Balloting materials may be sent VOCs. An exemption for SolsticeTM applications, all ballot types, voting through the mail without prepayment of 1233zd(E) was promulgated first as a instructions, mailing instructions, and postage to enable persons in the direct final rulemaking but was return envelopes. following categories to apply for withdrawn because EPA received an adverse comment. 8.1.2 Exceptions to Standards registration and vote by absentee ballot when absent from the place of voting DATES: This rule is effective on An exception to the marking and residence and otherwise eligible to vote September 27, 2013. verification standards in 8.1.3 through as an absentee: 8.1.5 is granted for one of the following ADDRESSES: The EPA has established a reasons: * * * * * docket for this action under Docket ID a. Ballots are mailed under 8.2, [Delete renumbered heading 8.3, No. EPA–HQ–OAR–2012–0393. All Special Exemption. Marking, and renumber 8.3.1 as 8.2.5, documents in the docket are listed on b. Ballots are returned under 505.1.0, Exhibit 8.3.1 as Exhibit 8.2.5, 8.3.2 as the www.regulations.gov Web site. Business Reply Mail. 8.2.6, Exhibit 8.3.2 as Exhibit 8.2.6, and Although listed in the index, some c. A postage due account has been 8.3.3 as 8.2.7.] information is not publicly available, established to guarantee the payment of i.e., confidential business information return postage. * * * * * (CBI) or other information whose d. Prepayment of return postage is We will publish an appropriate disclosure is restricted by statute. made by stamps, meter, or Permit Reply amendment to 39 CFR part 111 to reflect Certain other material, such as Mail. these changes. copyrighted material, will be publicly 8.1.3 Postage Stanley F. Mires, available only in hard copy. Publicly Attorney, Legal Policy and Legislative Advice. available docket materials are available Except for ballots meeting one of the either electronically in [FR Doc. 2013–20799 Filed 8–27–13; 8:45 am] exceptions under 8.1.2, balloting www.regulations.gov or in hard copy at BILLING CODE 7710–12–P materials for any election, whether the Docket ID No. EPA–HQ–OAR–2012– disseminated hardcopy or 0393, EPA/DC, EPA West, Room 3334, electronically, must indicate in a 1301 Constitution Avenue NW., prominent location that the proper ENVIRONMENTAL PROTECTION Washington, DC. The Public Reading amount of postage must be paid. This AGENCY Room is open from 8:30 a.m. to 4:30 information must be included in the 40 CFR Part 51 p.m., Monday through Friday, excluding balloting materials with the marking legal holidays. The telephone number ‘‘First-Class Mail postage must be [EPA–HQ–OAR–2012–0393; FRL–9844–3] for the Public Reading Room is (202) applied.’’ Alternatively, the marking RIN 2060–AR67 566–1744, and the telephone number for ‘‘Apply First-Class Mail postage here’’ the Air and Radiation Docket and may be printed in the upper right corner Air Quality: Revision to Definition of Information Center is (202) 566–1742. of the address side of the return Volatile Organic Compounds— For additional information about the envelope. Approved versions will also Exclusion of trans 1-chloro-3,3,3- EPA’s public docket, visit the EPA be acceptable in either location. Election trifluoroprop-1-ene [SolsticeTM Docket Center homepage at: http:// officials should consult with postal 1233zd(E)] www.epa.gov/epahome/dockets.htm. officials to assist with mailpiece design, FOR FURTHER INFORMATION CONTACT: barcode placement, and to determine AGENCY: Environmental Protection David Sanders, Office of Air Quality the proper amount of postage required Agency (EPA). Planning and Standards, Air Quality for mailing ballots to voters and the ACTION: Final rule. Policy Division, Mail Code C539–01, return of ballots to election officials. SUMMARY: The EPA is taking final action Research Triangle Park, NC 27711; 8.1.4 Notification of Postage to revise the regulatory definition of telephone: (919) 541–3356; fax number: Requirement on Return Ballots volatile organic compounds (VOCs) for 919–541–0824; email address: Except for ballots meeting one of the purposes of preparing state [email protected]. exceptions under 8.1.2, all ballot types implementation plans (SIPs) to attain SUPPLEMENTARY INFORMATION:

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I. General Information F. Executive Order 13175: Consultation State Implementation Plans’’ (Interim and Coordination with Indian Tribal Guidance) (70 FR 54046, September 13, A. Does this action apply to me? Governments 2005). The EPA uses the reactivity of G. Executive Order 13045: Protection of ethane as the threshold for determining Entities potentially affected by this Children from Environmental Health and final rule include, but are not Safety Risks whether a compound has negligible necessarily limited to, state and local air H. Executive Order 13211: Actions that reactivity. Compounds that are less pollution control agencies that adopt Significantly Affect Energy Supply, reactive than, or equally reactive to, and implement regulations to control air Distribution or Use ethane under certain assumed emissions of VOCs; industries involved I. National Technology Transfer and conditions may be deemed negligibly Advancement Act in the manufacture or use of reactive and therefore suitable for J. Executive Order 12898: Federal Actions exemption from the regulatory refrigerants, aerosol and non-aerosol to Address Environmental Justice in solvents and blowing agents for Minority Populations and Low-Income definition of VOCs. Compounds that are insulating foams; and manufacturers of Populations more reactive than ethane continue to refrigeration equipment, hot water K. Congressional Review Act be considered VOCs for regulatory heaters and waste heat recovery L. Judicial Review purposes and therefore are subject to control requirements. The selection of equipment. If you have questions II. Background regarding the applicability of this action ethane as the threshold compound was to a particular entity, consult the person A. The EPA’s VOC Exemption Policy based on a series of smog chamber listed in the preceding FOR FURTHER Tropospheric ozone, commonly experiments that underlay the 1977 INFORMATION CONTACT section. This known as smog, is formed when VOCs policy. action has no substantial direct effects and nitrogen oxides (NOX) react in the The EPA has used three different on industry because it does not impose atmosphere in the presence of sunlight. metrics to compare the reactivity of a any new mandates on these entities, but, Because of the harmful health effects of specific compound to that of ethane: (i) to the contrary, removes SolsticeTM ozone, the EPA and state governments The reaction rate constant (known as 1233zd(E) from the regulatory definition limit the amount of VOCs that can be kOH) with the hydroxyl radical (OH); (ii) of VOCs. The use of this compound released into the atmosphere. VOCs are the maximum incremental reactivity remains subject to other restrictions those organic compounds of carbon that (MIR) on a reactivity per unit mass under the CAA. Specifically, the use of form ozone through atmospheric basis; and (iii) the MIR expressed on a this compound as an aerosol propellant, photochemical reactions. Different reactivity per mole basis. A full blowing agent or refrigerant, or any VOCs have different levels of reactivity. description of each metric and how it is other use in which it would substitute That is, they do not react to form ozone derived can be found in the direct final for chlorofluorocarbons, at the same speed or do not form ozone rulemaking (78 FR 11101, February 15, hydrochlorofluorocarbons or their to the same extent. Some VOCs react 2013) and is not repeated here. substitutes, is subject to restrictions slowly or form less ozone; therefore, B. Petition to List SolsticeTM 1233zd(E) under the Significant New Alternatives changes in their emissions have less as an Exempt Compound Policy (SNAP) program (CAA § 612; 40 and, in some cases, very limited effects CFR part 82 subpart G). The SNAP on local or regional ozone pollution Honeywell Inc. submitted a petition program has issued final approvals for episodes. It has been the EPA’s policy to the EPA on July 19, 2011, requesting TM SolsticeTM 1233zd(E) as a suitable foam that organic compounds with a that Solstice 1233zd(E) (CAS number and refrigerant substitute and as a negligible level of reactivity should be 102687–65–0) be exempted from VOC propellant (74 FR 50129, September 30, excluded from the regulatory definition control based on its low reactivity 1 2009; 75 FR 34017, June 16, 2010), and of VOCs so as to focus VOC control relative to ethane. The petitioner TM as a solvent for metals, electronics, and efforts on compounds that do indicated that Solstice 1233zd(E) may precision cleaning and in adhesives, significantly increase ozone be used in a variety of applications, coatings, and inks. concentrations. The EPA also believes including as a solvent in aerosol and that exempting such compounds creates non-aerosol applications, as a blowing B. How is this preamble organized? an incentive for industry to use agent in insulating foams for Table of Contents negligibly reactive compounds in place refrigerators/freezers and hot water of more highly reactive compounds that heaters and as a refrigerant in I. General Information are regulated as VOCs. The EPA lists commercial chillers and waste heat A. Does this action apply to me? recovery (Rankin cycle) systems. A B. How is this preamble organized? compounds that it has determined to be negligibly reactive in its regulations as fuller description of the petition II. Background regarding SolsticeTM 1233zd(E), A. The EPA’s VOC Exemption Policy being excluded from the regulatory B. Petition to List SolsticeTM 1233zd(E) as definition of VOCs (40 CFR 51.100(s)). including a discussion of other an Exempt Compound Section 302(s) of the CAA specifies compounds for which it would C. Contribution to Tropospheric Ozone that the EPA has the authority to define substitute, is found in the direct final D. Health and Environmental Risks the meaning of ‘‘VOC,’’ and hence what rulemaking (78 FR 11101, February 15, III. Proposed Action and Response to compounds shall be treated as VOCs for 2013) and is not repeated here. Comments regulatory purposes. The policy of C. Contribution to Tropospheric Ozone IV. Final Action excluding negligibly reactive V. Statutory and Executive Order Reviews compounds from the regulatory Detailed information on the ozone TM A. Executive Order 12866: Regulatory definition of VOCs was first set forth in reactivity of Solstice 1233zd(E) was Planning and Review and Executive presented in the direct final rulemaking Order 13563: Improving Regulation and the ‘‘Recommended Policy on Control of Regulatory Review Volatile Organic Compounds’’ (42 FR 35314, July 8, 1977) and was 1 Trans 1-chloro-3,3,3-trifluoroprop-1-ene will B. Paperwork Reduction Act also be marketed by Honeywell under the trade C. Regulatory Flexibility Act supplemented most recently with the names SolsticeTM N12 Refrigerant, SolsticeTM D. Unfunded Mandates Reform Act ‘‘Interim Guidance on Control of Liquid Blowing Agent (SolsticeTM LBA), and E. Executive Order 13132: Federalism Volatile Organic Compounds in Ozone SolsticeTM Performance Fluid.

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(78 FR 11101, February 15, 2013) and is SolsticeTM 1233zd(E) is not halogen. Honeywell also explains that summarized here. flammable. SolsticeTM 1233zd(E) is not the OEL of 300 ppm is Honeywell’s own TM Solstice 1233zd(E) has a higher kOH expected to undergo wet or dry recommendation and that this level is value than ethane, meaning that it deposition to an appreciable extent. higher than three other particular initially reacts more quickly in the SolsticeTM 1233zd(E) has a 100-yr chemicals that have already been atmosphere than ethane. However, a global warming potential (GWP) excluded from the regulatory definition molecule of SolsticeTM 1233zd(E) is less reported as 4.7 to 7 and an atmospheric of VOCs. Honeywell states that reactive than a molecule of ethane in lifetime of approximately 26 to 31 days SolsticeTM 1233zd(E) is not a listed terms of complete ozone forming or less. The net GWP effect of increased chemical substance in the regulations of activity as shown by the molar-based use of SolsticeTM 1233zd(E) in place of the Occupational Safety and Health MIR (g O3/mole VOC) values. Also, a certain other compounds will be Administration (OSHA), nor would it be gram of SolsticeTM 1233zd(E) has a advantageous. classified as acutely toxic based on lower MIR value than a gram of ethane. III. Proposed Action and Response to OSHA health hazard criteria. Honeywell Thus, under the Interim Guidance, TM Comments also notes that Solstice 1233zd(E) is SolsticeTM 1233zd(E) is eligible to be not a hazardous air pollutant under the exempted from the regulatory definition Based on both the mass and molar Clean Air Act. of VOCs, based on both mass-based and MIR values for SolsticeTM 1233zd(E) EPA Response: The EPA agrees with molar-based MIR. being equal to or less than that of the factual information provided in the ethane, the EPA issued a direct final comments from Honeywell. The EPA D. Health and Environmental Risks rule (78 FR 11101, February 15, 2013) notes that the only fact cited in the The preamble to the direct final and a parallel notice-and-comment single adverse comment is that the rulemaking (78 FR 11101, February 15, proposal (78 FR 11119, February 15, (Honeywell-recommended) OEL for 2013) provided background information 2013) to find that SolsticeTM 1233zd(E) SolsticeTM 1233zd(E) is 300 ppm. The on the Premanufacture Notice (PMN) is ‘‘negligibly reactive’’ and to exempt commenter does not argue or present review and SNAP program review of SolsticeTM 1233zd(E) from the any evidence that exposures to workers SolsticeTM 1233zd(E). That preamble regulatory definition of VOCs at 40 CFR or the public will approach this level. also presented other information 51.100(s). The EPA does not agree that keeping relevant to any potential health or Comments: The EPA received three SolsticeTM 1233zd(E) within the environmental risks. This information is comments on the parallel notice-and- regulatory definition of VOCs would summarized here. comment proposal during its comment increase worker or public awareness of As a chemical not yet introduced into period. Only one commenter, an its potential toxicity at high exposure commerce, SolsticeTM 1233zd(E) individual, expressed reservations about levels or help them to limit their completed a PMN review on January 30, the proposed exemption.3 This exposures, in the context of other 2012. After considering all relevant data commenter believes that the low ozone mechanisms operating to inform and currently available, the EPA was unable reactivity of SolsticeTM 1233zd(E) is not protect workers and the public from to find any unreasonable risks to human sufficient to exempt it from the high exposures, because such health or the environment from the regulatory definition of VOCs in light of individuals are unlikely to be aware of expected use of the substance. Based on what the commenter says are its hazards the details of the EPA’s regulatory this finding, the EPA did not find it to humans and the environment. The definition of VOCs and because necessary to take any actions to prevent commenter characterizes SolsticeTM individuals do not necessarily associate unreasonable risk under the Toxic 1233zd(E) as being a toxin and a mere qualification as a VOC with Substance Control Act (TSCA). halogen and notes that it has an hazard. There are more direct and The SNAP program review of occupational exposure limit (OEL) of customary ways for people likely to be SolsticeTM 1233zd(E) described the 300 parts per million (ppm). The exposed to the chemical to become potential health effects of SolsticeTM commenter says that removing aware of needed precautions (e.g., 1233zd(E) as being common to many SolsticeTM 1233zd(E) from the material safety data sheets). Issues of refrigerants, foam agents and solvents, regulatory definition of VOCs would workplace exposure were considered in including many of those already listed trivialize the safety hazards posed by its the EPA’s reviews of this compound as acceptable under SNAP. Potential use and that keeping SolsticeTM under the PMN and SNAP program and health effects of this substitute include 1233zd(E) within the regulatory the EPA felt that existing measures were serious eye irritation, skin irritation and definition of VOCs would incline appropriate to prevent unreasonable frostbite. EPA anticipates that users will people who work near and on it to treat risk. be able to meet the manufacturer’s it with caution. As stated previously, the EPA finds recommended workplace exposure limit Two comments, one from the that SolsticeTM 1233zd(E) qualifies as and address potential health risks by petitioner Honeywell and the other from negligibly reactive with respect to its following requirements and an individual, supported the proposed contribution to tropospheric ozone recommendations in the material safety exemption. Honeywell’s comments formation. In addition, we believe that data sheet and in any other safety directly address the assertions made by risks not related to tropospheric ozone precautions common to the refrigeration the commenter who expressed the associated with currently allowed uses and air conditioning industry, the foam reservations noted above. Honeywell of the chemical are acceptable and that blowing industry and the solvent-based notes that SolsticeTM 1233zd(E) does not any new or increased risk from potential cleaning industry and common when meet the common definition of a new uses are adequately addressed by using adhesives and coatings.2 ‘‘toxin’’ and that it is not itself a other existing programs and policies, specifically the SNAP program. We also 2 Since publication of the direct final rule and reviewing SolsticeTM 1233zd(E) for use as a believe that the comparable or lower parallel proposed rule, the SNAP program found refrigerant for non-mechanical heat transfer. GWP of SolsticeTM 1233zd(E) compared SolsticeTM 1233zd(E) acceptable for use as a solvent 3 The EPA considered this comment to be an for metals, electronics, and precision cleaning and adverse comment and accordingly withdrew the to other acceptable substitutes is an in adhesives, coatings, and inks (78 FR 29034, May direct final rule before it became effective. 78 FR additional reason to approve the 17, 2013). The SNAP program is currently still 23149, April 18, 2013. SolsticeTM 1233zd(E) petition given that

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applying the Interim Guidance itself V. Statutory and Executive Order will not have a significant economic supports such approval. Reviews impact on a substantial number of small entities if the rule relieves regulatory A. Executive Order 12866: Regulatory IV. Final Action burden, or otherwise has a positive Planning and Review and Executive economic effect on all of the small The EPA is taking final action to Order 13563: Improving Regulation and entities subject to the rule. This final approve the petition for exemption of Regulatory Review rule removes SolsticeTM 1233zd(E) from SolsticeTM 1233zd(E) from the This action is not a ‘‘significant the regulatory definition of VOCs and regulatory definition of VOCs. regulatory action’’ under the terms of thereby relieves users of the compound If an entity uses or produces Executive Order 12866 (58 FR 51735, from requirements to control emissions SolsticeTM 1233zd(E) and is subject to October 4, 1993) and is therefore not of the compound. We have, therefore, the EPA regulations limiting the use of subject to review under Executive concluded that today’s final rule will VOC in a product other than an aerosol Orders 12866 and 13563 (76 FR 3821, relieve regulatory burden for all affected coating, limiting the VOC emissions January 21, 2011). small entities. from a facility, or otherwise controlling B. Paperwork Reduction Act D. Unfunded Mandates Reform Act the use of VOC for purposes related to This action does not impose an attaining the ozone NAAQS, then the This action contains no federal information collection burden under the compound will not be counted as a VOC mandates under the provisions of Title provisions of the Paperwork Reduction II of the Unfunded Mandates Reform in determining whether these regulatory Act, 44 U.S.C. 3501 et seq. Burden is Act of 1995 (UMRA), 2 U.S.C. 1531– obligations have been met. Emissions of defined at 5 CFR 1320.3(b). It does not 1538 for state, local or tribal this compound will not be considered contain any recordkeeping or reporting governments or the private sector. The in determining whether a proposed new requirement. action imposes no enforceable duty on or modified source triggers the C. Regulatory Flexibility Act any state, local or tribal governments or applicability of Prevention of the private sector. Therefore, this action Significant Deterioration (PSD) The Regulatory Flexibility Act (RFA) is not subject to the requirements of requirements, in areas where the PSD generally requires an agency to prepare sections 202 and 205 of the UMRA. program is implemented by the EPA or a regulatory flexibility analysis of any This action is also not subject to the a delegated state, local or tribal agency. rule subject to notice and comment requirements of section 203 of UMRA This action may also affect whether rulemaking requirements under the because it contains no regulatory SolsticeTM 1233zd(E) is considered as a Administrative Procedure Act or any requirements that might significantly or VOC for state regulatory purposes to other statute unless the agency certifies uniquely affect small governments. This reduce ozone formation, if a state relies that the rule will not have a significant final rule removes SolsticeTM 1233zd(E) on the EPA’s regulatory definition of economic impact on a substantial from the regulatory definition of VOCs VOCs. States are not obligated to number of small entities. Small entities and thereby relieves users of the exclude from control as a VOC those include small businesses, small compound from requirements to control organizations and small governmental compounds that the EPA has found to emissions of the compound. jurisdictions. be negligibly reactive. However, states For purposes of assessing the impacts E. Executive Order 13132: Federalism may not take credit for controlling these of this action on small entities, small This action does not have federalism compounds in their ozone control entity is defined as: (1) A small business implications. It will not have substantial strategies. as defined by the Small Business direct effects on the states, on the This action is consistent with the Administration (SBA) regulation (see 13 relationship between the national Interim Guidance in that two of the CFR 121.201); (2) a small governmental government and the states, or on the three reactivity metric values for jurisdiction that is a government of a distribution of power and SolsticeTM 1233zd(E) compare favorably city, county, town, school district or responsibilities among the various to the corresponding values for ethane. special district with a population of less levels of government, as specified in This action is also supported by our than 50,000; and (3) a small Executive Order 13132. This final rule inability in the Premanufacture organization that is any not-for-profit removes SolsticeTM 1233zd(E) from the Notification Review Program to find any enterprise which is independently regulatory definition of VOCs and unreasonable risks to human health or owned and operated and is not thereby relieves users from the environment from the expected use dominant in its field. requirements to control emissions of the After considering the economic of the substance, our finding in the compound. Thus, Executive Order impacts of today’s final rule on small SNAP program review of this chemical 13132 does not apply to this rule. entities, I certify that this action will not that use of this chemical in currently have a significant economic impact on F. Executive Order 13175: Consultation allowed applications poses lower or a substantial number of small entities. and Coordination with Indian Tribal comparable overall risk to human health In determining whether a rule has a Governments and the environment than other significant economic impact on a This action does not have tribal acceptable options for the same uses, substantial number of small entities, the implications, as specified in Executive and on our confidence that the SNAP impact of concern is any significant Order 13175 (65 FR 67249, November 9, program would prevent the use of this adverse economic impact on small 2000). It would not have substantial chemical in any additional applications entities, since the primary purpose of direct effects on tribal governments, on subject to review by the SNAP program the regulatory flexibility analyses is to the relationship between the federal where such use would pose a significant identify and address regulatory government and Indian Tribes, or on the risk to human health or the alternatives ‘‘which minimize any distribution of power and environment. significant economic impact of the rule responsibilities between the federal on small entities.’’ 5 USC 603 and 604. government and Indian Tribes, as Thus, an agency may certify that a rule specified in Executive Order 13175.

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Thus, Executive Order 13175 does not environmental effects of their programs, Dated: August 16, 2013. apply to this rule. policies and activities on minority Gina McCarthy, populations and low-income G. Executive Order 13045: Protection of Administrator. populations in the United States. Children From Environmental Health For reasons set forth in the preamble, and Safety Risks The EPA has determined that this part 51 of chapter I of title 40 of the final rule will not have This action is not subject to EO 13045 Code of Federal Regulations is amended disproportionately high and adverse as follows: (62 FR 19885, April 23, 1997) because human health or environmental effects it is not economically significant as on minority or low-income populations PART 51—REQUIREMENTS FOR defined in EO 12866. While this final because it will not affect the level of PREPARATION, ADOPTION, AND rule is not subject to the Executive protection provided to human health or SUBMITTAL OF IMPLEMENTATION Order, the EPA has reason to believe the environment. PLANS that ozone has a disproportionate effect K. Congressional Review Act on active children who play outdoors ■ 1. The authority citation for Part 51, (62 FR 38856; 38859, July 18, 1997). The The Congressional Review Act, 5 Subpart F, continues to read as follows: EPA has not identified any specific U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401, 7411, 7412, studies on whether or to what extent Business Regulatory Enforcement TM 7413, 7414, 7470–7479, 7501–7508, 7601, Solstice 1233zd(E) may affect Fairness Act of 1996, generally provides and 7602. children’s health. that before a rule may take effect, the § 51.100—[Amended] H. Executive Order 13211: Actions That agency promulgating the rule must Significantly Affect Energy Supply, submit a rule report, which includes a ■ 2. Section 51.100 is amended at the Distribution or Use copy of the rule, to each House of the end of paragraph (s)(1) introductory text This action is not subject to Executive Congress and to the Comptroller General by removing the words ‘‘and Order 13211 (66 FR 28355 (May 22, of the United States. The EPA will perfluorocarbon compounds which fall 2001)), because it is not a significant submit a report containing this rule and into these classes:’’ and adding in their regulatory action under Executive Order other required information to the U.S. place the words ‘‘trans 1-chloro-3,3,3- 12866. Senate, the U.S. House of trifluoroprop-1-ene; and Representatives and the Comptroller perfluorocarbon compounds which fall I. National Technology Transfer and General of the United States prior to into these classes:’’. Advancement Act publication of the rule in the Federal [FR Doc. 2013–21014 Filed 8–27–13; 8:45 am] Section 12(d) of the National Register. A major rule cannot take effect BILLING CODE 6560–50–P Technology Transfer and Advancement until 60 days after it is published in the Act of 1995 (‘‘NTTAA’’), Public Law Federal Register. This action is not a 104–113, section 12(d), (15 U.S.C. 272 ‘‘major rule’’ as defined by 5 U.S.C. ENVIRONMENTAL PROTECTION note) directs the EPA to use voluntary 804(2). This rule will be effective on AGENCY consensus standards in its regulatory September 27, 2013. 40 CFR Part 52 activities unless to do so would be L. Judicial Review inconsistent with applicable law or [EPA–R09–OAR–2013–0148; FRL–9843–8] otherwise impractical. Voluntary Under section 307(b)(1) of the CAA, petitions for judicial review of this consensus standards are technical Approval and Promulgation of Air action must be filed in the United States standards (e.g., materials specifications, Quality Implementation Plans; Nevada; Court of Appeals for the District of test methods, sampling procedures and Regional Haze Federal Implementation Columbia Circuit Court within 60 days business practices) that are developed or Plan; Extension of BART Compliance from the date the final action is adopted by voluntary consensus Date for Reid Gardner Generating published in the Federal Register. standards bodies. The NTTAA directs Station the EPA to provide Congress, through Filing a petition for review by the OMB, explanations when the agency Administrator of this final action does AGENCY: Environmental Protection decides not to use available and not affect the finality of this action for Agency (EPA). applicable voluntary consensus the purposes of judicial review nor does ACTION: Final rule. standards. This rulemaking does not it extend the time within which a involve technical standards. Therefore, petition for judicial review must be SUMMARY: The Environmental Protection the EPA has not considered the use of final, and shall not postpone the Agency (EPA) is taking final action to any voluntary consensus standards. effectiveness of such action. Thus, any extend the compliance date for NOX petitions for review of this action emission limits, under the Best J. Executive Order 12898: Federal related to the exemption of SolsticeTM Available Retrofit Technology (BART) Actions To Address Environmental 1233zd(E) from the regulatory definition requirements of the Regional Haze Rule, Justice in Minority Populations and of VOCs must be filed in the Court of for Units 1, 2, and 3 at the Reid Gardner Low-Income Populations Appeals for the District of Columbia Generating Station (RGGS) by 18 Executive Order (EO) 12898 (59 FR Circuit within 60 days from the date months from January 1, 2015, to June 7629, Feb. 16, 1994) establishes federal final action is published in the Federal 30, 2016. EPA’s BART determination executive policy on environmental Register. was promulgated in a Federal justice. Its main provision directs Implementation Plan (FIP) on August List of Subjects in 40 CFR Part 51 federal agencies, to the greatest extent 23, 2012. On March 26, 2013, EPA practicable and permitted by law, to Environmental protection, granted reconsideration of the make environmental justice part of their Administrative practice and procedure, compliance date and proposed to extend mission by identifying and addressing, Air pollution control, Ozone, Reporting the compliance date for the NOX as appropriate, disproportionately high and recordkeeping requirements, emission limits applicable to Units 1, 2, and adverse human health or Volatile organic compounds. and 3 at RGGS.

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DATES: This rule is effective on reconsideration and also proposed to received comment letters in support of September 27, 2013. extend the BART compliance date for the proposed extension of the ADDRESSES: EPA established a docket NOX for the affected units by 18 months, compliance date, from NV Energy and for this action at EPA–R09–OAR–2013– from January 1, 2015 to June 30, 2016. NDEP.3 NDEP noted that the extended 0148. Generally, documents in the The notice of proposed rulemaking compliance date would still result in the docket are available electronically at published on March 26, 2013, provides installation and operation of new NOX www.regulations.gov or in hard copy at additional detail regarding the history of controls more than 1 year earlier than the EPA Region 9 office. Documents EPA actions related to BART for RGGS, the 5-year maximum period allowed for from EPA’s final BART determination the petition for reconsideration, a BART under the Clean Air Act and the and FIP for RGGS, promulgated on summary of supplemental information Regional Haze Rule. August 23, 2012, are generally available submitted by NV Energy to demonstrate In its comment letter to EPA dated electronically in a different docket: that the extended compliance date of May 14, 2013, NV Energy also provided EPA–R09–OAR–2011–0130. Please note June 30, 2016, is as expeditious as additional information regarding an that while many of the documents in the practicable, and EPA’s demonstration amendment to Senate Bill 123 docket are available electronically at that the extension does not interfere introduced to the Nevada Legislature in www.regulations.gov, some information with attainment, reasonable further April, 2013 (known as ‘‘NVision’’). may not be specifically listed in the progress, or any other applicable NVision proposed to retire some of the index to the docket or may be publicly requirement of the Clean Air Act (CAA). coal-fired units owned by NV Energy on available only in hard copy at the EPA This information is not restated here. an accelerated schedule and to replace Region 9 office (e.g., copyrighted See 78 FR 18280 (March 26, 2013). retired generation with energy from new natural gas-fired units and renewable material, large maps, multi-volume II. EPA Responses to Public Comments reports, or otherwise voluminous sources. NVision would require early materials), and some may not be EPA provided a 60-day public retirement of Units 1, 2, and 3 at RGGS publicly available in electronic or hard comment period for our proposed by the end of 2014, prior to the original copy form (e.g., confidential business rulemaking that was scheduled to close compliance date in our August 23, 2012 information). To view the hard copy on May 28, 2013. On April 4, 2013, EPA final rulemaking and the extended materials, please schedule an provided notice in the Federal Register compliance date we proposed on March 26, 2013. Because NV Energy must also appointment during normal business of a public hearing and a short file its plan to the Nevada Public hours with the contact person listed in extension of the comment period to May Utilities Commission for review and the FOR FURTHER INFORMATION CONTACT 30, 2013 (78 FR 20290). The public approval, NV Energy states that the section. hearing was held on April 29, 2013, in Moapa, Nevada. EPA received oral earliest date it would receive a decision FOR FURTHER INFORMATION CONTACT: comments from 12 individuals during on the plan would be in the first quarter Anita Lee, U.S. EPA, Region 9, 75 the public hearing. Prior to the close of of 2014. Given the current uncertainty Hawthorne Street (AIR–2), San the public comment period, EPA also regarding approval of NVision, NV Francisco, CA 94105. Anita Lee can also received three written comment letters. Energy stated in its letter that it will be reached at (415) 972–3958, or via Oral comments made during the continue to move forward on an _ electronic mail at r9 airplanning@ public hearing are summarized below expeditious schedule to comply with epa.gov. and are followed by EPA’s responses to BART emission limits for NOX at RGGS 4 SUPPLEMENTARY INFORMATION: those comments. In general, comments by June 30, 2016. Throughout this document, ‘‘we’’, ‘‘us’’, made during the public hearing All written comments submitted to and ‘‘our’’ refer to the United States expressed concerns related to the health EPA express either no position on, or Environmental Protection Agency impacts on the Moapa community from are in support of, our proposed action (EPA). RGGS and expressed opposition to the to extend the BART compliance date. proposed extension of the BART Because our final action extends the Table of Contents compliance date as proposed, we are not compliance date for NOX. Members of I. Background and Purpose the Moapa Band of Paiute Indians providing any further responses to those II. EPA Responses to Public Comments (Moapa Band) and the Sierra Club, as written comments. Oral comments made III. Summary of EPA Action well as legal counsel representing the during the public hearing express IV. Statutory and Executive Order Reviews Moapa Band and the Sierra Club, additional concerns related to RGGS and the proposed compliance date I. Background provided oral testimony during the public hearing.1 Subsequent to the extension. We respond below to the EPA provided a detailed description public hearing, and prior to the close of comments received during the public of the BART requirements of the the comment period, the legal counsel hearing that are relevant to our Regional Haze Rule and our analysis of representing the Moapa Band, the Sierra proposed action. the Nevada Division of Environmental Comment 1: In general, the Club, and the National Parks Protection’s (NDEP) BART commenters opposed extending the Conservation Association, submitted a determination for RGGS elsewhere. See compliance date for meeting the NO written comment letter stating that the X 77 FR 21896 (April 12, 2012). EPA took emission limits at RGGS. A number of groups took no position on the proposed final action on the BART determination compliance date extension.2 EPA also for NOX emissions from Unit 1, 2, and 3 See comment letter from Starla Lacy, NV 3 at RGGS on August 23, 2012 (77 FR Energy, to EPA, dated May 14, 2013, available as 1 The transcript for the April 29, 2013 public document 0010 in the docket for this rulemaking. 50936). On October 19, 2012, Nevada hearing is available as document 0014 in the docket See also comment letter from Rob Bamford, NDEP, Energy (NV Energy, also known as for this rulemaking (EPA–R09–OAR–2013–0148). to EPA, dated May 15, 2013, available as document Nevada Power Company), filed a 2 See comment letter from Dan Galpern, Law number 0009 in the docket for this rulemaking. petition to the EPA Administrator for Offices of Charles M. Tebbutt, on behalf of the 4 The schedule for compliance with BART Sierra Club, the National Parks Conservation emission limits for NOX is outlined in greater detail reconsideration of the BART Association, and the Moapa Band of Paiute Indians, in the letter from Starla Lacy, NV Energy to Anita compliance date. On March 26, 2013, to EPA, dated May 28, 2013, available as document Lee, EPA, dated January 31, 2013, available as EPA granted the petition for 0013 in the docket for this rulemaking. document 0004 in the docket for this rulemaking.

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commenters indicated that the plant has by the end of 2014, these units must discussed in our proposed rulemaking, been in operation for many years and comply with BART emission limits by EPA has promulgated standards, known should no longer be allowed to operate June 30, 2016, a date which is as as the national ambient air quality without controls. Some commenters expeditious as practicable and within standards (NAAQS), for seven stated that an extension is not necessary five years of the final rule. pollutants, including NO2, ozone and in light of the plan to shut the plant Comment 2: Some commenters particulate matter with a diameter less down next year, and one added that expressed skepticism about NV Energy’s than or equal to 2.5 micrometers 7 maintaining the current compliance pledge to retire its coal-fired boilers at (PM2.5). The primary NAAQS standards schedule will give NV Energy added RGGS and the passage of pending state protect public health, including the incentive to go through with the legislation, which would codify the health of ‘‘sensitive’’ populations, such shutdown. proposed retirement schedule. These as asthmatics, children, and the elderly, Response 1: EPA disagrees with the commenters encouraged the EPA to while the secondary NAAQS standards comment that RGGS is operating follow through with the existing protect public welfare, including without controls. RGGS currently compliance schedule in the event that damage to animals, crops, vegetation, operates with SO2 and particulate NV Energy does not retire the plant and buildings. Using a process that matter controls, as well as older low- voluntarily or at the behest of state considers air quality data and other NOX burners with overfire air. Units 1, legislation. factors, EPA designates areas as 2, and 3 at RGGS are subject to BART Response 2: EPA understands that the ‘‘nonattainment’’ if those areas cause or based on their age, emissions of NVision plan has been approved by the contribute to violations of a NAAQS. visibility-impairing pollutants, and their Nevada Legislature and signed by RGGS is located in Clark County, impact on visibility at Class I areas. The Governor Brian Sandoval on June 11, Nevada. Portions of Clark County (the CAA and the Regional Haze Rule 2013.5 NV Energy must also file its plan Las Vegas Valley) have previously been require BART controls to be installed as that includes early retirement of Units 1, designated nonattainment for PM10, expeditiously as practicable, but in no 2, and 3 at RGGS to the Nevada Public carbon monoxide, and the 1997 8-hour event later than five years from the date Utilities Commission for review and ozone standard. RGGS is not located in of the final rulemaking. As discussed in approval. the portion of Clark County that was greater detail in our notice of As stated in Response 1, EPA is taking designated nonattainment for PM10. reconsideration and proposed final action to extend the compliance Additionally, Clark County is now in rulemaking, our proposed extension of date by 18 months based on our attainment with the NAAQS for carbon the compliance date by 18 months, from determination that the schedule for monoxide and ozone.8 This means that January 1, 2015 to June 30, 2016, is compliance that provides approximately the air quality in the area surrounding consistent with the CAA and the 14 months per unit for the procurement, RGGS is meeting all the NAAQS set by Regional Haze Rule. The extension is installation, and testing of new BART EPA to protect human health. justified by an expeditious schedule for controls, is reasonable and as Comment 4: Two commenters urged the installation of multiple control expeditious as practicable. For this the EPA to consider the broader technologies that require detailed reason, the extended compliance date of ramifications of BART controls, warning engineering, procurement, construction, June 30, 2016 is consistent with the that more stringent control of air installation, and testing of new controls, CAA and the Regional Haze Rule. emissions would lead to an increased as well as regulatory approvals from the Comment 3: Several commenters waste stream and more contaminants Nevada Public Utilities Commission and stated that residents of southern Nevada flowing into wastewater ponds and the Nevada Division of Environmental and the Moapa Band of Paiute Indians eventually into nearby landfills that Protection, with an average time of 14 suffer from a variety of health issues, burden the Moapa community. months per unit to meet new BART including asthma attacks, lung disease, Response 4: EPA understands that emission limits. RGGS is following its cancer, and heart disease, which they impacts from the landfills near the plan to install new controls to comply believe are attributable to emissions Moapa community are important issues. with BART emission limits as from RGGS. A few commenters However, EPA’s proposed rulemaking expeditiously as practicable and within recounted their personal experiences addressed only the compliance date by a timeframe that is less than five years with deteriorating health or the health which the affected units at RGGS must from the final BART rulemaking. problems of loved ones. Two meet emission limits required under the As stated previously, although NV commenters argued that emissions BART provisions of the CAA and Energy plans to retire Units 1, 2, and 3 produced by the RGGS are not restricted Regional Haze Rule. Therefore, at RGGS by the end of 2014, NV Energy to the area around the plant, but impact comments related to additional waste must also file its plan to the Nevada neighboring cities and states as well. resulting from emission control Public Utilities Commission for review Response 3: EPA understands that the technologies are not relevant to our and approval. NV Energy states that the health of the Moapa community is an current action. Discussions and earliest date it would receive a decision important issue. Our final BART on the plan would be in the first quarter determination for RGGS is expected to 7 The other pollutants are sulfur dioxide, carbon monoxide, lead, and PM . of 2014. Given the current uncertainty 6 10 significantly reduce emissions of NOX. 8 See: ‘‘Determination of Attainment for PM10 for regarding the approval of NVision, NV Ozone and fine particles are formed in the Las Vegas Valley Nonattainment Area, NV,’’ 75 Energy stated in its letter that it the atmosphere from reactions between FR 45485 (August 3, 2012); ‘‘Approval and continues to move forward on its Promulgation of Implementation Plans and NOX and other pollutants. Nitrogen expeditious schedule to comply with Designation of Areas for Air Quality Planning dioxide, or NO2, is a component of NOX. Purposes; State of Nevada; Redesignation of Las BART emission limits for NOX at RGGS Ozone, fine particles and NO2 have all Vegas Valley to Attainment for the Carbon by June 30, 2016. Therefore, EPA’s been associated with various effects on Monoxide Standard,’’ 75 FR 59090 (September 27, action is still necessary despite NV human health and the environment. As 2010); and ‘‘Approval and Promulgation of Energy’s plans to retire Units 1, 2 and Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Nevada; 3 at RGGS. This final action requires 5 http://www.leg.state.nv.us/Session/77th2013/ Redesignation of Clark County to Attainment for the that in the event Units 1, 2, and 3 Reports/history.cfm?billname=SB123. 1997 8-Hour Ozone Standard,’’ 78 FR 1149 (January continue operation and are not retired 6 See 77 FR 50936 (August 23, 2012). 8, 2013).

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considerations of non-air quality defined at 5 CFR 1320.3(b). Because the governments on compliance with the environmental impacts of potential action merely extends a compliance regulatory requirements. controls were addressed in the proposed date, it does not impose an information This final rule does not contain a rule dated April 12, 2012 (77 FR 21896) collection burden and the Paperwork Federal mandate that may result in and in the final rulemaking dated Reduction Act does not apply. expenditures of $100 million or more August 23, 2012 (77 FR 50942). for state, local, and tribal governments, Comment 5: Two commenters C. Regulatory Flexibility Act in the aggregate, or the private sector in discussed how emissions from the The Regulatory Flexibility Act (RFA) any one year. This action merely RGGS have impacted local vegetation generally requires an agency to prepare finalizes an 18-month extension of a and wildlife, making it difficult for the a regulatory flexibility analysis of any compliance date. Thus, this rule is not tribal community to exercise its cultural rule subject to notice and comment subject to the requirements of sections practices (e.g., herbal medicine). rulemaking requirements under the 202 or 205 of UMRA. Response 5: EPA understands that the Administrative Procedure Act or any This final rule is also not subject to health of local vegetation and wildlife other statute unless the agency certifies the requirements of section 203 of are important issues to the Moapa that the rule will not have a significant UMRA because it contains no regulatory community. In addition to ozone economic impact on a substantial requirements that might significantly or production, emissions of NOX also number of small entities. Small entities uniquely affect small governments. This contribute to acid and nutrient include small businesses, small rule does not impose regulatory deposition. These processes can affect organizations, and small governmental requirements on any government entity. the health of terrestrial and aquatic jurisdictions. E. Executive Order 13132: Federalism ecosystems through acidification or For purposes of assessing the impacts 9 This final action does not have eutrophication. Our final BART of today’s proposed rule on small determination for RGGS is expected to federalism implications. It will not have entities, small entity is defined as: (1) A significantly reduce emissions of NO substantial direct effects on the states, X. small business as defined by the Small In addition, EPA sets secondary on the relationship between the national Business Administration’s (SBA) standards to protect public welfare, government and the states, or in the regulations at 13 CFR 121.201; (2) a including damage to animals and distribution of power and small governmental jurisdiction that is a vegetation. In general, the secondary responsibilities among the various government of a city, county, town, standards for the criteria pollutants are levels of government, as specified in school district or special district with a less stringent than, or equal to, the Executive Order 13132. This action population of less than 50,000; and (3) primary standards. Because RGGS is not finalizes an 18-month extension of a a small organization that is any not-for- located in an area that is designated compliance date. Thus, Executive Order profit enterprise which is independently nonattainment for any NAAQS, air 13132 does not apply to this action. EPA owned and operated and is not quality in the area surrounding RGGS is further notes that we received a dominant in its field. meeting the NAAQS set by EPA to comment letter from the Nevada protect human health and public After considering the economic Division of Environmental Protection in welfare, including animals and impacts of this final action on small support of the extended compliance vegetation. entities, I certify that this final action date for RGGS. will not have a significant economic III. Summary of EPA Action impact on a substantial number of small F. Executive Order 13175: Consultation EPA is taking final action to extend entities. The owner of the affected units and Coordination With Indian Tribal the date by which Units 1, 2, and 3 at at Reid Gardner Generating Station, Governments RGGS must comply with NOX emission Nevada Energy, also known as Nevada Under Executive Order 13175 (65 FR limits under the BART requirement of Power Company, is not a small entity 67249, November 9, 2000), EPA may not the Regional Haze Rule, by 18 months, and the final extended compliance date issue a regulation that has tribal from January 1, 2015 to June 30, 2016. is supported by this entity. See Mid-Tex implications, that imposes substantial Electric Cooperative, Inc. v. FERC, 773 IV. Statutory and Executive Order direct compliance costs, and that is not F.2d 327 (D.C. Cir. 1985). Reviews required by statute, unless the federal D. Unfunded Mandates Reform Act government provides the funds A. Executive Order 12866: Regulatory (UMRA) necessary to pay the direct compliance Planning and Review and Executive costs incurred by tribal governments, or Order 13563: Improving Regulation and Title II of the Unfunded Mandates EPA consults with tribal officials early Regulatory Review 13563 Reform Act of 1995 (UMRA), 2 U.S.C. in the process of developing the This final action extends the 1531–1538, requires Federal agencies, proposed regulation and develops a compliance date for a single source to unless otherwise prohibited by law, to tribal summary impact statement. comply with the emission limits in an assess the effects of their regulatory EPA has concluded that this final rule existing FIP. This type of action is actions on State, local, and tribal may have tribal implications because exempt from review under Executive governments and the private sector. the Reid Gardner Generating Station is Orders (EO) 12866 (58 FR 51735, Federal agencies must also develop a located adjacent to reservation lands of October 4, 1993) and EO 13563 (76 FR plan to provide notice to small the Moapa Band of Paiute Indians. 3821, January 21, 2011). governments that might be significantly However, it will neither impose or uniquely affected by any regulatory substantial direct compliance costs on B. Paperwork Reduction Act requirements. The plan must enable tribal governments, nor preempt tribal This final action does not impose an officials of affected small governments law. information collection burden under the to have meaningful and timely input in During a telephone call on March 15, provisions of the Paperwork Reduction the development of EPA regulatory 2013, and in a letter of the same date, Act, 44 U.S.C. 3501 et seq. Burden is proposals with significant Federal Regional Administrator Blumenfeld intergovernmental mandates and must invited Chairman William Anderson of 9 See, for example, 77 FR 20218 (April 3, 2012). inform, educate, and advise small the Moapa Band of Paiute Indians to

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consult on our proposed action to I. National Technology Transfer and of the United States. Section 804 extend the compliance date for Reid Advancement Act exempts from section 801 the following Gardner. On April 29, 2013, EPA held Section 12(d) of the National types of rules (1) rules of particular a public hearing in the Administration Technology Transfer and Advancement applicability; (2) rules relating to agency Building of the Moapa Band of Paiute Act of 1995 (NTTAA), Public Law 104– management or personnel; and (3) rules Indians, in Moapa, Nevada, to accept 113, 12(10) (15 U.S.C. 272 note) directs of agency organization, procedure, or comment on the proposed action. EPA to use voluntary consensus practice that do not substantially affect During the public hearing, EPA received standards (VCS) in its regulatory the rights or obligations of non-agency comments from 12 individuals, activities unless to do so would be parties. 5 U.S.C. 804(3). EPA is not including Chairman Anderson, several inconsistent with applicable law or required to submit a rule report members of the Moapa Band, and the otherwise impractical. VCS are regarding today’s final action under Sierra Club. A letter from the attorney technical standards (e.g., materials section 801 because this is a rule of particular applicability and only applies jointly representing the Moapa Band of specifications, test methods, sampling to one facility, the Reid Gardner Paiute Indians, the Sierra Club, and the procedures and business practices) that Generating Station. National Parks Conservation are developed or adopted by the VCS Association, expressed no position on bodies. The NTTAA directs EPA to L. Petitions for Judicial Review our action to extend the compliance provide Congress, through annual date for RGGS by 18 months. EPA did reports to OMB, with explanations Under section 307(b)(1) of the CAA, not receive a response regarding when the Agency decides not to use petitions for judicial review of this action must be filed in the United States government-to-government consultation available and applicable VCS. Court of Appeals for the appropriate from Chairman Anderson. This final rulemaking does not involve technical standards. Therefore, circuit by October 28, 2013. Filing a Additionally, for prior actions related EPA is not considering the use of any petition for reconsideration by the to regional haze and the Reid Gardner VCS. administrator of this final rule does not Generating Station, EPA consulted with affect the finality of this rule for the Chairman Anderson and other tribal J. Executive Order 12898: Federal purposes of judicial review nor does it representatives early in the process to Actions To Address Environmental extend the time within which a petition allow the Moapa Band of Piute Indians Justice in Minority Populations and for judicial review may be filed, and Low-Income Populations to have meaningful and timely input shall not postpone the effectiveness of into its development. During the Executive Order 12898 (59 FR 7629, such rule or action. This action may not comment period for those prior actions, February 16, 1994), establishes federal be challenged later in proceedings to the Moapa Band raised concerns to EPA executive policy on environmental enforce its requirements. (See CAA about the environmental impacts of this justice. Its main provision directs section 307(b)(2)). federal agencies, to the greatest extent facility. For those previous rulemakings, List of Subjects in 40 CFR Part 52 EPA consulted the Moapa Band practicable and permitted by law, to regarding these concerns and visited the make environmental justice part of their Environmental protection, Air reservation and the facility. Additional mission by identifying and addressing, pollution control, Incorporation by details of our consultation with the as appropriate, disproportionately high reference, Nitrogen dioxide. and adverse human health or Moapa Band are provided in section environmental effects of their programs, Authority: 42 U.S.C. 7401 et seq. IV.F of our final rulemaking published policies, and activities on minority Dated: August 16, 2013. on August 23, 2012 (77 FR 50936). populations and low-income Gina McCarthy, G. Executive Order 13045: Protection of populations in the United States. Administrator. Children From Environmental Health EPA has determined that this final Risks and Safety Risks rule will not have disproportionately For the reasons stated in the high and adverse human health or preamble, Part 52, chapter I, title 40 of EPA interprets EO 13045 (62 FR environmental effects on minority or the Code of Federal Regulations is 19885, April 23, 1997) as applying only low-income populations because, while amended as follows: to those regulatory actions that concern the final rule provides an 18-month health or safety risks, such that the extension in the compliance date, the PART 52—[AMENDED] analysis required under section 5–501 of facility will still achieve significant the EO has the potential to influence the reductions in NOX emissions. The new ■ 1. The authority citation for Part 52 regulation. This action is not subject to compliance date for reducing emissions continues to read as follows: is less than five years from the effective EO 13045 because it does not establish Authority: 42 U.S.C. 7401 et seq. an environmental standard intended to date of the final BART determination, mitigate health or safety risks. This final consistent with the BART provisions Subpart DD—Nevada action addresses regional haze and under the CAA. visibility protection. K. Congressional Review Act ■ 2. Section 52.1488 is amended by revising paragraph (f)(3) to read as H. Executive Order 13211: Actions The Congressional Review Act, 5 follows: Concerning Regulations That U.S.C. 801 et seq., as added by the Small Significantly Affect Energy Supply, Business Regulatory Enforcement § 52.1488 Visibility protection. Distribution, or Use Fairness Act of 1996, generally provides * * * * * that before a rule may take effect, the This action is not subject to Executive agency promulgating the rule must (f) * * * Order 13211 (66 FR 28355 (May 22, submit a rule report, which includes a (3) Compliance date. The owners and 2001)), because it is exempt under copy of the rule, to each House of the operators subject to this section shall Executive Order 12866. Congress and to the Comptroller General comply with the emission limitations

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and other requirements of this section unless you provide it in the body of that the deficiency forming the basis of by June 30, 2016, and thereafter. your comment. If you send email the disapproval has been corrected. * * * * * directly to EPA, your email address will On July 3, 2013, the State of California [FR Doc. 2013–20749 Filed 8–27–13; 8:45 am] be automatically captured and included submitted as a SIP revision the BILLING CODE 6560–50–P as part of the public comment. If EPA SJVUAPCD’s ‘‘Quantifying cannot read your comment due to Contingencies for the 2008 PM2.5 Plan’’ technical difficulties and cannot contact (dated June 20, 2013) (‘‘Contingency ENVIRONMENTAL PROTECTION you for clarification, EPA may not be Measure SIP’’). In the Proposed Rules AGENCY able to consider your comment. section of today’s Federal Register, we Docket: Generally, documents in the are proposing to approve this SIP 40 CFR Part 52 docket for this action are available revision because we believe that it [EPA–R09–OAR–2013–0534; FRL–9900–36– electronically at www.regulations.gov corrects the deficiency identified in our Region 9] and in hard copy at EPA Region 9, 75 November 9, 2011 partial disapproval Hawthorne Street, San Francisco, action. Based on today’s proposed Interim Final Determination to Stay and California. While all documents in the approval, we are taking this final Defer Sanctions; California; San docket are listed at rulemaking action, effective on publication, to stay the imposition of Joaquin Valley www.regulations.gov, some information the offset sanctions and to defer the may be publicly available only at the AGENCY: U.S. Environmental Protection imposition of the highway sanctions hard copy location (e.g., copyrighted Agency (EPA). triggered by our November 9, 2011 material, large maps), and some may not ACTION: Interim final rule. partial disapproval. be publicly available in either location EPA is providing the public with an SUMMARY: EPA is making an interim (e.g., CBI). To inspect the hard copy opportunity to comment on this stay final determination to stay the materials, please schedule an and deferral of sanctions. If comments imposition of offset sanctions and to appointment during normal business are submitted that change our defer the imposition of highway hours with the contact listed in the FOR assessment described in this final sanctions based on a proposed approval FURTHER INFORMATION CONTACT section. determination and the proposed full of revisions to the San Joaquin Valley FOR FURTHER INFORMATION CONTACT: approval of the Contingency Measure portion of the California State Frances Wicher, EPA Region 9, (415) SIP, we intend to take subsequent final Implementation Plan published 972–3957, [email protected]. action to re-impose sanctions pursuant elsewhere in this Federal Register. The to 40 CFR 52.31(d). If no comments are SUPPLEMENTARY INFORMATION: revisions concern the Clean Air Act submitted that change our assessment, Throughout this document, ‘‘we,’’ ‘‘us’’ nonattainment area contingency then all sanctions and sanction clocks and ‘‘our’’ refer to EPA. measure requirement for the 1997 will be permanently terminated on the annual and 24-hour national ambient air I. Background effective date of a final rule approval. quality standards for fine particulate matter (PM2.5) in the San Joaquin Valley. On November 9, 2011 (76 FR 69896), II. EPA Action DATES: This interim final determination we published a partial approval and We are making an interim final is effective on August 28, 2013. partial disapproval of the San Joaquin determination to stay the imposition of However, comments will be accepted Valley Unified Air Pollution Control the offset sanctions and to defer the until September 27, 2013. District’s (SJVUAPCD or District) 2008 imposition of the highway sanctions ADDRESSES: Submit comments, PM2.5 Plan and the California Air associated with our partial disapproval identified by docket number EPA–R09– Resources Board’s (CARB) 2007 State of the SJV PM2.5 SIP, based on our OAR–2013–0534, by one of the Strategy (collectively the ‘‘SJV PM2.5 concurrent proposal to approve the following methods: SIP’’). As part of this action, EPA State’s SIP revision as correcting the • Federal eRulemaking Portal: disapproved the contingency measure deficiency that initiated these sanctions. www.regulations.gov. Follow the on-line provisions in the SJV PM2.5 SIP as Because EPA has preliminarily instructions. failing to meet the requirements of determined that the State has corrected • Email: [email protected]. Clean Air Act (CAA) section 172(c)(9) the deficiency identified in EPA’s • Mail or deliver: Frances Wicher and 40 CFR 51.1012, which require that partial disapproval action, relief from (AIR–2), U.S. Environmental Protection the SIP for each PM2.5 nonattainment sanctions should be provided as quickly Agency Region 9, 75 Hawthorne Street, area contain contingency measures to be as possible. Therefore, EPA is invoking San Francisco, CA 94105. implemented if the area fails to make the good cause exception under the Instructions: All comments will be reasonable further progress or to attain Administrative Procedure Act (APA) in included in the public docket without the NAAQS by the applicable not providing an opportunity for change and may be made available attainment date. See 76 FR 41338, 41357 comment before this action takes effect online at www.regulations.gov, to 41559 (July 13, 2011) and 76 FR (5 U.S.C. 553(b)(3)). However, by this including any personal information 69896, 69924 (November 9, 2011). This action EPA is providing the public with provided, unless the comment includes disapproval action became effective on a chance to comment on EPA’s Confidential Business Information (CBI) January 9, 2012 and started a sanctions determination after the effective date, or other information whose disclosure is clock for imposition of offset sanctions and EPA will consider any comments restricted by statute. Information that 18 months after January 9, 2012 and received in determining whether to you consider CBI or otherwise protected highway sanctions 6 months later, reverse such action. should be clearly identified as such and pursuant to CAA section 179 and our EPA believes that notice-and- should not be submitted through regulations at 40 CFR 52.31. As such, comment rulemaking before the www.regulations.gov or email. offset sanctions applied on July 9, 2013 effective date of this action is www.regulations.gov is an ‘‘anonymous and will continue to apply, and impracticable and contrary to the public access’’ system, and EPA will not know highway sanctions will apply on interest. EPA has reviewed the State’s your identity or contact information January 9, 2014, unless EPA determines submittal and, through its proposed

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action, is indicating that it is more likely distribution of power and reference, Intergovernmental than not that the State has corrected the responsibilities among the various regulations, Ozone, Particulate matter, deficiency that started the sanctions levels of government, as specified in Reporting and recordkeeping clocks. Therefore, it is not in the public Executive Order 13132 (64 FR 43255, requirements. interest to initially impose sanctions or August 10, 1999). Dated: August 15, 2013. to keep applied sanctions in place when This rule is not subject to Executive Jared Blumenfeld, the State has most likely done all it can Order 13045, ‘‘Protection of Children to correct the deficiency that triggered from Environmental Health Risks and Regional Administrator, Region 9. the sanctions clocks. Moreover, it would Safety Risks’’ (62 FR 19885, April 23, [FR Doc. 2013–21011 Filed 8–27–13; 8:45 am] be impracticable to go through notice- 1997), because it is not economically BILLING CODE 6560–50–P and-comment rulemaking on a finding significant. that the State has corrected the The requirements of section 12(d) of deficiency prior to the rulemaking the National Technology Transfer and ENVIRONMENTAL PROTECTION approving the State’s submittal. Advancement Act of 1995 (15 U.S.C. AGENCY 272) do not apply to this rule because Therefore, EPA believes that it is 40 CFR Part 180 necessary to use the interim final it imposes no standards. rulemaking process to stay and defer This rule does not impose an [EPA–HQ–OPP–2012–0549; FRL–9395–5] sanctions while EPA completes its information collection burden under the rulemaking process on the approvability provisions of the Paperwork Reduction Pyraclostrobin; Pesticide Tolerances Act of 1995 (44 U.S.C. 3501 et seq.). of the State’s submittal. Moreover, with AGENCY: Environmental Protection respect to the effective date of this The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Agency (EPA). action, EPA is invoking the good cause ACTION: Final rule. exception to the 30-day notice Business Regulatory Enforcement requirement of the APA because the Fairness Act of 1996, generally provides SUMMARY: This regulation establishes purpose of this notice is to relieve a that before a rule may take effect, the tolerances for residues of pyraclostrobin restriction (5 U.S.C. 553(d)(1)). agency promulgating the rule must in or on multiple commodities which submit a rule report to Congress and the are identified and discussed later in this III. Statutory and Executive Order Comptroller General. However, section document. This regulation additionally Reviews 808 provides that any rule for which the removes several permanent and time- This action stays and defers federal issuing agency for good cause finds that limited tolerances that will be sanctions and imposes no additional notice and public procedure thereon are superseded by tolerances established by requirements. impracticable, unnecessary, or contrary this action. Interregional Research Under Executive Order 12866 (58 FR to the public interest, shall take effect at Project Number 4 (IR–4) and BASF 51735, October 4, 1993), this action is such time as the agency promulgating Corporation requested tolerances not a ‘‘significant regulatory action’’ and the rule determines. 5 U.S.C. 808(2). associated with pesticide petition (PP) therefore is not subject to review by the EPA has made such a good cause numbers 2E8069 and 2F8038, Office of Management and Budget. finding, including the reasons therefore, respectively, under the Federal Food, This action is not subject to Executive and established an effective date of Drug, and Cosmetic Act (FFDCA). Order 13211, ‘‘Actions Concerning August 28, 2013. EPA will submit a DATES: This regulation is effective report containing this rule and other Regulations That Significantly Affect August 28, 2013. Objections and required information to the U.S. Senate, Energy Supply, Distribution, or Use’’ (66 requests for hearings must be received the U.S. House of Representatives, and FR 28355, May 22, 2001) because it is on or before October 28, 2013, and must the Comptroller General of the United not a significant regulatory action. be filed in accordance with the The Administrator certifies that this States prior to publication of the rule in instructions provided in 40 CFR part action will not have a significant the Federal Register. A major rule 178 (see also Unit I.C. of the economic impact on a substantial cannot take effect until 60 days after it SUPPLEMENTARY INFORMATION). number of small entities under the is published in the Federal Register. Regulatory Flexibility Act (5 U.S.C. 601 This rule is not a ‘‘major rule’’ as ADDRESSES: The docket for this action, et seq.). defined by 5 U.S.C. 804(2). identified by docket identification (ID) This rule does not contain any Under section 307(b)(1) of the CAA, number EPA–HQ–OPP–2012–0549, is unfunded mandate or significantly or petitions for judicial review of this available at http://www.regulations.gov uniquely affect small governments, as action must be filed in the United States or at the Office of Pesticide Programs described in the Unfunded Mandates Court of Appeals for the appropriate Regulatory Public Docket (OPP Docket) Reform Act of 1995 (Pub. L. 104–4). circuit by October 28, 2013. Filing a in the Environmental Protection Agency This rule does not have tribal petition for reconsideration by the Docket Center (EPA/DC), EPA West implications because it will not have a Administrator of this final rule does not Bldg., Rm. 3334, 1301 Constitution Ave. substantial direct effect on one or more affect the finality of this rule for the NW., Washington, DC 20460–0001. The Indian tribes, on the relationship purpose of judicial review nor does it Public Reading Room is open from 8:30 between the federal government and extend the time within which petition a.m. to 4:30 p.m., Monday through Indian tribes, or on the distribution of for judicial review may be filed, and Friday, excluding legal holidays. The power and responsibilities between the shall not postpone the effectiveness of telephone number for the Public federal government and Indian tribes, as such rule or action. This action may not Reading Room is (202) 566–1744, and specified by Executive Order 13175 (65 be challenged later in proceedings to the telephone number for the OPP FR 67249, November 9, 2000). enforce its requirements (see section Docket is (703) 305–5805. Please review This action does not have federalism 307(b)(2)). the visitor instructions and additional implications because it does not have information about the docket available substantial direct effects on the States, List of Subjects in 40 CFR Part 52 at http://www.epa.gov/dockets. on the relationship between the national Environmental protection, Air FOR FURTHER INFORMATION CONTACT: Lois government and the States, or on the pollution control, Incorporation by Rossi, Registration Division (7505P),

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Office of Pesticide Programs, disclosed publicly by EPA without prior pome, group 11 at 1.5 ppm; grape at 2.0 Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your ppm; strawberry at 1.2 ppm; vegetable, Pennsylvania Ave. NW., Washington, objection or hearing request, identified bulb, group 3 at 0.9 ppm; vegetable, DC 20460–0001; telephone number: by docket ID number EPA–HQ–OPP– fruiting, group 8 at 1.4 ppm; borage, (703) 305–7090; email address: 2012–0549, by one of the following seed at 0.45 ppm; castor oil plant, seed [email protected]. methods: at 0.45 ppm; chinese tallowtree, seed at • SUPPLEMENTARY INFORMATION: Federal eRulemaking Portal: http:// 0.45 ppm; crambe, seed at 0.45 ppm; www.regulations.gov. Follow the online cuphea, seed at 0.45 ppm; echium, seed I. General Information instructions for submitting comments. at 0.45 ppm; euphorbia, seed at 0.45 A. Does this action apply to me? Do not submit electronically any ppm; evening primrose, seed at 0.45 information you consider to be CBI or ppm; flax seed at 0.45 ppm; gold of You may be potentially affected by other information whose disclosure is pleasure, seed at 0.45 ppm; hare’s ear this action if you are an agricultural restricted by statute. mustard, seed at 0.45 ppm, jojoba, seed • producer, food manufacturer, or Mail: OPP Docket, Environmental at 0.45 ppm; lesquerella, seed at 0.45 pesticide manufacturer. The following Protection Agency Docket Center (EPA/ ppm, lunaria, seed at 0.45 ppm; list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. meadowfoam, seed at 0.45 ppm; Classification System (NAICS) codes is NW., Washington, DC 20460–0001. • milkweed, seed at 0.45 ppm; mustard, not intended to be exhaustive, but rather Hand Delivery: To make special seed at 0.45 ppm; niger seed, seed at provides a guide to help readers arrangements for hand delivery or 0.45 ppm; oil radish, seed at 0.45 ppm; determine whether this document delivery of boxed information, please poppy, seed at 0.45 ppm; rapeseed, seed applies to them. Potentially affected follow the instructions at http:// at 0.45 ppm; rose hip, seed at 0.45 ppm; entities may include: www.epa.gov/dockets/contacts.htm. safflower, seed at 0.45 ppm; sesame, • Crop production (NAICS code 111). Additional instructions on seed at 0.45 ppm; stokes aster, seed at • Animal production (NAICS code commenting or visiting the docket, 0.45 ppm; sunflower, seed at 0.45 ppm; 112). along with more information about sweet rocket, seed at 0.45 ppm; • Food manufacturing (NAICS code dockets generally, is available at tallowwood, seed at 0.45 ppm; tea oil 311). http://www.epa.gov/dockets. plant, seed at 0.45 ppm; and ternonia, • Pesticide manufacturing (NAICS II. Summary of Petitioned-for seed at 0.45 ppm. That document code 32532). Tolerances referenced a summary of the petition B. How can I get electronic access to In the Federal Register of January 16, prepared on behalf of IR–4 by BASF other related information? 2013 (78 FR 3377) (FRL–9375–4), EPA Corporation, the registrant, which is You may access a frequently updated issued a document pursuant to FFDCA available in the docket, http:// electronic version of EPA’s tolerance section 408(d)(3), 21 U.S.C. 346a(d)(3), www.regulations.gov. There were no regulations at 40 CFR part 180 through announcing the filing of a pesticide comments received in response to the the Government Printing Office’s e-CFR petition (PP 2E8069) by IR–4, 500 notice of filing. site at http://www.ecfr.gov/cgi-bin/text- College Road East, Suite 201 W, Additionally, in the Federal Register idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Princeton, NJ 08540. The petition of August 22, 2012 (77 FR 50661) (FRL– 40tab_02.tpl. requested that 40 CFR 180.582 be 9358–9), EPA issued a document amended by establishing tolerances for pursuant to FFDCA section 408(d)(3), 21 C. How can I file an objection or hearing residues of the fungicide pyraclostrobin, U.S.C. 346a(d)(3), announcing the filing request? carbamic acid, [2-[[[1-(4-chlorophenyl)- of a pesticide petition (PP 2F8038) by Under FFDCA section 408(g), 21 1H-pyrazol-3- BASF Corporation, 26 Davis Drive, P.O. U.S.C. 346a, any person may file an yl]oxy]methyl]phenyl]methoxy-, methyl Box 13528, Research Triangle Park, NC, objection to any aspect of this regulation ester and its metabolite methyl-N-[[[1- 27709–3528. The petition requested that and may also request a hearing on those (4-chlorophenyl) pyrazol-3- 40 CFR 180.582 be amended by objections. You must file your objection yl]oxy]otolyl] carbamate (BF 500–3), establishing tolerances for residues of or request a hearing on this regulation expressed as the parent compound, in or the fungicide pyraclostrobin, carbamic in accordance with the instructions on artichoke, globe at 3.0 parts per acid, expressed as the parent provided in 40 CFR part 178. To ensure million (ppm); endive, belgium at 3.0 compound, in or on sugarcane, cane at proper receipt by EPA, you must ppm; and persimmon at 3.0 ppm. The 0.2 ppm. No tolerances were proposed identify docket ID number EPA–HQ– petition additionally requested that EPA for the processed commodities refined OPP–2012–0549 in the subject line on establish tolerances in or on vegetable, sugar and molasses, as no concentration the first page of your submission. All bulb, group 3–07 at 0.9 ppm; vegetable, of pyraclostrobin residues are expected objections and requests for a hearing fruiting, group 8–10 at 1.4 ppm; fruit, in these commodities. That document must be in writing, and must be citrus, group 10–10 at 2.0 ppm; fruit, referenced a summary of the petition received by the Hearing Clerk on or pome, group 11–10 at 1.5 ppm; oilseed, prepared by BASF Corporation, the before October 28, 2013. Addresses for group 20 at 0.45 ppm; caneberry registrant, which is available in the mail and hand delivery of objections subgroup 13–07A at 4.0 ppm; bushberry docket, http://www.regulations.gov. and hearing requests are provided in 40 subgroup 13–07B at 4.0 ppm; small There were no comments received in CFR 178.25(b). fruit, vine climbing subgroup (except response to the notice of filing. In addition to filing an objection or fuzzy kiwi) 13–07F at 2.0 ppm; and low Based upon review of the data hearing request with the Hearing Clerk growing berry subgroup 13–07G at 1.2 supporting the petition, EPA has revised as described in 40 CFR part 178, please ppm. Further, upon approval of these the proposed tolerance level in or on submit a copy of the filing (excluding subgroup/crop group tolerances the endive, belgium. Further, the petitioner any Confidential Business Information petition also requested that the later requested to amend low growing (CBI)) for inclusion in the public docket. following existing tolerances be berry subgroup 13–07G to exclude Information not marked confidential removed for berry, group 13 at 4.0 ppm; cranberry. The reasons for these changes pursuant to 40 CFR part 2 may be fruit, citrus, group 10 at 2.0 ppm; fruit, are explained in Unit IV.C.

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III. Aggregate Risk Assessment and food consumption. Pyraclostrobin also toxicity studies can be found at Determination of Safety causes intestinal disturbances, as http://www.regulations.gov in Section 408(b)(2)(A)(i) of FFDCA indicated by increased incidence of document: ‘‘Pyraclostrobin—Human allows EPA to establish a tolerance (the diarrhea or duodenum mucosal Health Risk Assessment for a Section 3 legal limit for a pesticide chemical thickening. These intestinal effects Registration of New Uses on Sugarcane, residue in or on a food) only if EPA appeared to be related to the irritating Globe Artichoke, Belgium Endive, determines that the tolerance is ‘‘safe.’’ action on the mucus membranes as Persimmon, Greenhouse Grown Tomato Section 408(b)(2)(A)(ii) of FFDCA demonstrated by irritation seen in the Transplants for Home Consumer defines ‘‘safe’’ to mean that ‘‘there is a primary eye irritation study. In the rat Market, and Residential Ornamentals, reasonable certainty that no harm will acute and subchronic neurotoxicity Landscape Gardens, Fruit Trees, and result from aggregate exposure to the studies, neuropathology and behavior Nut Trees; Plus Crop Group Expansions/ pesticide chemical residue, including changes were not observed. Revisions for Bulb Vegetable Group 3– all anticipated dietary exposures and all In the rat developmental toxicity 07, Fruiting Vegetable Group 8–10, other exposures for which there is study, developmental toxicity including Citrus Fruit Group 10–10, Pome Fruit reliable information.’’ This includes an increased incidence of dilated renal Group 11–10, Berry Subgroups 13–07A, exposure through drinking water and in pelvis and cervical ribs occurred at a B, F, and G, and Oilseed Group 20’’ at residential settings, but does not include dose greater than the dose causing pages 43–49 in docket ID number EPA– occupational exposure. Section maternal toxicity (including decreased HQ–OPP–2012–0549. 408(b)(2)(C) of FFDCA requires EPA to body weights and body weight gains B. Toxicological Points of Departure/ give special consideration to exposure and reduced food consumption and Levels of Concern of infants and children to the pesticide reduced food efficiency). The rabbit developmental toxicity study indicates chemical residue in establishing a Once a pesticide’s toxicological qualitative evidence of increased tolerance and to ‘‘ensure that there is a profile is determined, EPA identifies developmental susceptibility based on reasonable certainty that no harm will toxicological points of departure (POD) increased resorptions per litter, result to infants and children from and levels of concern to use in increased post-implantation loss and aggregate exposure to the pesticide evaluating the risk posed by human dams with total resorptions, in the chemical residue. . . .’’ exposure to the pesticide. For hazards presence of maternal toxicity (reduced Consistent with FFDCA section that have a threshold below which there body weight gain, food consumption, 408(b)(2)(D), and the factors specified in is no appreciable risk, the toxicological and food efficiency). In a dose range- FFDCA section 408(b)(2)(D), EPA has POD is used as the basis for derivation finding one-generation reproduction reviewed the available scientific data of reference values for risk assessment. study, systemic toxicity was manifested and other relevant information in PODs are developed based on a careful as decreased body weight and body support of this action. EPA has analysis of the doses in each weight gain in both the parents and sufficient data to assess the hazards of toxicological study to determine the offspring. The effects occurred at the and to make a determination on dose at which no adverse effects are same dose levels for both parental and aggregate exposure for pyraclostrobin observed (the NOAEL) and the lowest the offspring, but the decrease in pup including exposure resulting from the dose at which adverse effects of concern weight was more than that in the tolerances established by this action. are identified (the LOAEL). Uncertainty/ parental animals. However, the body EPA’s assessment of exposures and risks safety factors are used in conjunction weight effect was not found in the associated with pyraclostrobin follows. with the POD to calculate a safe guideline 2-generation reproduction exposure level—generally referred to as A. Toxicological Profile study in either parental or offspring a population-adjusted dose (PAD) or a EPA has evaluated the available animals at similar dose level. No reference dose (RfD)—and a safe margin toxicity data and considered its validity, reproductive toxicity was seen. completeness, and reliability as well as Pyraclostrobin has been classified as of exposure (MOE). For non-threshold the relationship of the results of the not likely to be carcinogenic to humans risks, the Agency assumes that any studies to human risk. EPA has also based on the lack of treated related amount of exposure will lead to some considered available information increase in tumor incidence in degree of risk. Thus, the Agency concerning the variability of the adequately conducted carcinogenicity estimates risk in terms of the probability sensitivities of major identifiable studies in rats and mice. Pyraclostrobin of an occurrence of the adverse effect subgroups of consumers, including did not cause mutagenicity or expected in a lifetime. For more infants and children. genotoxicity in the in vivo and in vitro information on the general principles There are no concerns for assays, nor did it cause immunotoxicity EPA uses in risk characterization and a reproductive susceptibility, in T-cell dependent antibody response complete description of the risk neurotoxicity, mutagenicity, assays in mice with preliminary review. assessment process, see http:// genotoxicity, or immunotoxicity. The Specific information on the studies www.epa.gov/pesticides/factsheets/ most consistently observed effects received and the nature of the adverse riskassess.htm. resulting from pyraclostrobin exposure effects caused by pyraclostrobin as well A summary of the toxicological across species, genders, and treatment as the no-observed-adverse-effect-level endpoints for pyraclostrobin used for durations were diarrhea and decreased (NOAEL) and the lowest-observed- human risk assessment is shown in body weight, body weight gain, and adverse-effect-level (LOAEL) from the Table 1. of this unit.

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TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR PYRACLOSTROBIN FOR USE IN HUMAN HEALTH RISK ASSESSMENT

Point of departure Exposure/scenario and uncertainty/safe- RfD, PAD, LOC for Study and toxicological effects ty factors risk assessment

Acute dietary (Females 13–49 NOAEL = 5.0 mg/kg/ Acute RfD = 0.05 Developmental toxicity—rabbit. LOAEL = 10.0 mg/kg/day years of age). day. mg/kg/day. based on developmental toxicity findings of increased resorp- UFA = 10x aPAD = 0.05 mg/kg/ tions. UFH = 10x day FQPA SF = 1x Acute dietary (General popu- NOAEL = 300 mg/ Acute RfD = 3.0 mg/ Acute neurotoxicity—rat. LOAEL = 1000 mg/kg/day based on lation including infants and kg/day. kg/day. decreased body weight gain in males. children). UFA = 10 x aPAD = 3.0 mg/kg/ UFH = 10 x day FQPA SF = 1x Chronic dietary (All populations) NOAEL= 3.4 mg/kg/ Chronic RfD = 0.034 Carcinogenicity—rat. LOAEL = 9.2 mg/kg/day based on de- day. mg/kg/day. creased body weight/body weight gain, kidney tubular casts UFA = 10x cPAD = 0.034 mg/ and atrophy in both sexes; increased incidence of liver ne- UFH = 10 x kg/day crosis and erosion/ulceration of the glandular-stomach and FQPA SF = 1x fore-stomach in males. Incidental oral short-term (1 to NOAEL= 5.8 mg/kg/ LOC for MOE = 100 Subchronic toxicity—dog. LOAEL = 12.9 mg/kg/day based on 30 days) and intermediate- day. increased incidence of diarrhea, clinical chemistry changes, term (1 to 6 months). UFA = 10 x duodenum mucosal hypertrophy, and decreased body weight UFH = 10x and food intake/efficiency. FQPA SF = 1x Dermal short-term (1 to 30 Oral study NOAEL = LOC for MOE = 100 Developmental toxicity—rabbit. LOAEL = 10.0 mg/kg/day days) and intermediate-term 5.0 mg/kg/day based on developmental toxicity findings of increased resorp- (1 to 6 months). (dermal absorption tions and maternal toxicity based on decreased body weight rate = 14%). gain and decreased food intake/efficiency. UFA = 10 x UFH = 10x FQPA SF = 1x Inhalation short-term ...... Inhalation study LOC for MOE = 100 Inhalation toxicity—rat. LOAEL = 6.9 mg/kg/day (air concentra- (1 to 30 days) and inter- NOAEL = 0.23 tion = 0.03 mg/L) based on duodenum mucosal hyperplasia mediate-term (1 to 6 months). mg/kg/day. and respiratory system findings including alveolar UFA = 10 x histiocytosis and olfactory atrophy/necrosis in nasal tissue. UFH = 10 x FQPA SF = 1x

Cancer (Oral, dermal, inhala- Classification: ‘‘not likely to be carcinogenic to humans’’ based on the absence of significant tumor increases tion). in two adequate rodent carcinogenicity studies. FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies).

C. Exposure Assessment consumption data from the U.S. Experimentally-derived processing Department of Agriculture’s (USDA’s) factors were used for fruit juices, 1. Dietary exposure from food and National Health and Nutrition tomato, sugar cane, and wheat feed uses. In evaluating dietary Examination Survey, What We Eat in commodities. For all other processed exposure to pyraclostrobin, EPA America (NHANES/WWEIA) from 2003 commodities, DEEM default processing considered exposure under the through 2008. As to residue levels in factors were assumed. petitioned-for tolerances as well as all food, EPA used tolerance-level residues iii. Cancer. Based on the data existing pyraclostrobin tolerances in 40 or highest field trial residues and summarized in Unit III.A., EPA has CFR 180.582. EPA assessed dietary empirical or default processing factors. concluded that pyraclostrobin does not exposures from pyraclostrobin in food Experimentally-derived processing pose a cancer risk to humans. Therefore, as follows: factors were used for fruit juices, a dietary exposure assessment for the i. Acute exposure. Quantitative acute tomato, sugarcane, and wheat purpose of assessing cancer risk is dietary exposure and risk assessments commodities. For all other processed unnecessary. are performed for a food-use pesticide, commodities, DEEM default processing iv. Percent crop treated (PCT) if a toxicological study has indicated the factors were assumed. information. Section 408(b)(2)(F) of possibility of an effect of concern ii. Chronic exposure. In conducting FFDCA states that the Agency may use occurring as a result of a 1-day or single the chronic dietary exposure assessment data on the actual percent of food exposure. Such effects were identified EPA used the food consumption data treated for assessing chronic dietary risk for pyraclostrobin. from the USDA’s 2003–2008 NHANES/ only if: In estimating acute dietary exposure, WWEIA. As to residue levels in food, • Condition a: The data used are EPA used Dietary Exposure Evaluation EPA included tolerance-level or average reliable and provide a valid basis to Model software with the Food field trial residues, average percent crop show what percentage of the food Commodity Intake Database (DEEM– treated (PCT) estimates when available, derived from such crop is likely to FCID) Version 3.16, which uses food and empirical processing factors. contain the pesticide residue.

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• Condition b: The exposure estimate from Federal and private market survey indoor pest control, termiticides, and does not underestimate exposure for any data, which are reliable and have a valid flea and tick control on pets). significant subpopulation group. basis. The Agency is reasonably certain Pyraclostrobin is currently registered for • Condition c: Data are available on that the percentage of the food treated the following uses and additional pesticide use and food consumption in is not likely to be an underestimation. proposed uses that could result in a particular area, the exposure estimate As to conditions b and c, regional residential handler and postapplication does not understate exposure for the consumption information and exposures: Treated gardens, fruit or nut population in such area. consumption information for significant trees, tomato transplants, and turf. EPA In addition, the Agency must provide subpopulations is taken into account assessed residential exposure using the for periodic evaluation of any estimates through EPA’s computer-based model following assumptions: Short-term adult used. To provide for the periodic for evaluating the exposure of handler exposures via the dermal and evaluation of the estimate of PCT as significant subpopulations including inhalation routes resulting from required by FFDCA section 408(b)(2)(F), several regional groups. Use of this application of pyraclostrobin to gardens, EPA may require registrants to submit consumption information in EPA’s risk trees, and turf. Short-term dermal data on PCT. assessment process ensures that EPA’s postapplication exposures were The following average PCT estimates exposure estimate does not understate assessed for adults, youth 11 to 16 years were used in the chronic dietary risk exposure for any significant old, and children 6 to 11 years old. assessments for the crops that are subpopulation group and allows the Short-term dermal and incidental oral currently registered for pyraclostrobin: Agency to be reasonably certain that no exposures were assessed for children 1 almonds 40%; apples 15%; apricots regional population is exposed to to < 2 years old. Based on the registered 25%; barley 10%; green beans 5%; residue levels higher than those uses of pyraclostrobin on residential blueberries 45%; broccoli 5%; cabbage estimated by the Agency. Other than the and golf course turf, intermediate-term 10%; caneberries 50%; cantaloupes data available through national food postapplication exposures are possible. 15%; carrots 35%; cauliflower 2.5%; consumption surveys, EPA does not However, since the short- and celery 2.5%; cherries 50%; corn 10%; have available reliable information on intermediate-term endpoints and PODs cotton 2.5%; cucumber 5%; dry beans/ the regional consumption of food to for dermal and oral routes are the same, peas 10%; garlic 15%; grapefruit 25%; which pyraclostrobin may be applied in the short-term exposure and risk grapes 30%; hazelnuts (filberts) 15%; a particular area. estimates are considered to be protective lemons 2.5%; lettuce 5%; nectarines 2. Dietary exposure from drinking of potential intermediate-term exposure 10%; onions 20%; oranges 5%; peaches water. The Agency used screening level and risk. 20%; peanuts 25%; pears 15%; green water exposure models in the dietary For the aggregate assessment, peas 5%; pecans 2.5%; peppers 10%; exposure analysis and risk assessment inhalation and dermal exposures were pistachios 30%; plums/prunes 5%; for pyraclostrobin in drinking water. not aggregated together because the potatoes 15%; pumpkins 20%; soybeans These simulation models take into toxicity effect from the inhalation route 5%; spinach 5%; squash 15%; account data on the physical, chemical, of exposure was different than the effect strawberries 65%; sugar beets 45%; and fate/transport characteristics of from the dermal route of exposure. The sweet corn 5%; tangelos 15%; pyraclostrobin. Further information scenarios with the highest residential tangerines 10%; tomatoes 25%; walnuts regarding EPA drinking water models exposures that were used in the short- 1%; watermelons 30%; wheat 5%. used in pesticide exposure assessment term aggregate assessment for In most cases, EPA uses available data can be found at http://www.epa.gov/ pyraclostrobin are as follows: from United States Department of oppefed1/models/water/index.htm. • Adult short-term aggregate Agriculture/National Agricultural Based on the Pesticide Root Zone assessment—Residential inhalation Statistics Service (USDA/NASS), Model/Exposure Analysis Modeling exposure from application proprietary market surveys, and the System (PRZM/EXAMS) and Screening pyraclostrobin to turf via manually National Pesticide Use Database for the Concentration in Ground Water (SCI– pressurized hand wand or backpack chemical/crop combination for the most GROW) models, the estimated drinking sprayer; residential dermal recent 6–7 years. EPA uses an average water concentrations (EDWCs) of postapplication exposure via activities PCT for chronic dietary risk analysis. pyraclostrobin for acute exposures are on treated turf. The average PCT figure for each existing estimated to be 35.6 parts per billion • Youth (11–16 years old) short-term use is derived by combining available (ppb) for surface water and 0.06 ppb for aggregate assessment—Residential public and private market survey data ground water. Chronic exposures for dermal exposure from postapplication for that use, averaging across all non-cancer assessments are estimated to golfing on treated turf. observations, and rounding to the be 2.3 ppb for surface water and 0.02 • Children (6–11 years old) short- nearest 5%, except for those situations ppb for ground water. term aggregate assessment—Residential in which the average PCT is less than Modeled estimates of drinking water dermal exposures from postapplication one. In those cases, 1% is used as the concentrations were directly entered activities in treated gardens. average PCT and 2.5% is used as the into the dietary exposure model. For • Children (1 < 2 years old) short- maximum PCT. EPA uses a maximum acute dietary risk assessment, the water term aggregate assessment—Residential PCT for acute dietary risk analysis. The concentration value of 35.6 ppb was dermal and hand-to-mouth exposures maximum PCT figure is the highest used to assess the contribution to from postapplication exposure to treated observed maximum value reported drinking water. For chronic dietary risk turf. within the recent 6 years of available assessment, the water concentration of Further information regarding EPA public and private market survey data value 2.3 ppb was used to assess the standard assumptions and generic for the existing use and rounded up to contribution to drinking water. inputs for residential exposures may be the nearest multiple of 5%. 3. From non-dietary exposure. The found at http://www.epa.gov/pesticides/ The Agency believes that the three term ‘‘residential exposure’’ is used in trac/science/trac6a05.pdf. conditions discussed in Unit III.C.1.iv. this document to refer to non- 4. Cumulative effects from substances have been met. With respect to occupational, non-dietary exposure with a common mechanism of toxicity. condition a, PCT estimates are derived (e.g., for lawn and garden pest control, Section 408(b)(2)(D)(v) of FFDCA

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requires that, when considering whether i. The toxicity database for residential exposure to the appropriate to establish, modify, or revoke a pyraclostrobin is complete. PODs to ensure that an adequate MOE tolerance, the Agency consider ii. There is no indication that exists. ‘‘available information’’ concerning the pyraclostrobin is a neurotoxic chemical. 1. Acute risk. An acute aggregate risk cumulative effects of a particular Effects seen in the acute and subchronic assessment takes into account acute pesticide’s residues and ‘‘other neurotoxicity studies in rats are exposure estimates from dietary substances that have a common considered to reflect perturbations in consumption of food and drinking mechanism of toxicity.’’ mitochondrial respiration leading to water. Using the exposure assumptions EPA has not found pyraclostrobin to effects on energy production rather than discussed in this unit for acute share a common mechanism of toxicity signs of neurotoxicity; therefore, there is exposure, the acute dietary exposure with any other substances, and no need for a developmental from food and water to pyraclostrobin pyraclostrobin does not appear to neurotoxicity study or additional UFs to will occupy 87% of the aPAD for produce a toxic metabolite produced by account for neurotoxicity females 13–49 years old; and 2.8% for other substances. For the purposes of iii. There is no evidence that children 1–2 years old, the population this tolerance action, therefore, EPA has pyraclostrobin results in increased group receiving the greatest exposure for assumed that pyraclostrobin does not susceptibility in rats in the prenatal the general U.S. population, including have a common mechanism of toxicity developmental study or in young rats in infants and children. with other substances. For information the 2-generation reproduction study. 2. Chronic risk. Using the exposure regarding EPA’s efforts to determine The prenatal rabbit developmental assumptions described in this unit for which chemicals have a common toxicity study showed qualitative chronic exposure, EPA has concluded mechanism of toxicity and to evaluate evidence of increased susceptibility to that chronic exposure to pyraclostrobin the cumulative effects of such prenatal rabbits; however, this study from food and water will utilize 27% of chemicals, see EPA’s Web site at was chosen for endpoint selection for the cPAD for children 1–2 years old, the the acute dietary (females 13–49) and population group receiving the greatest http://www.epa.gov/pesticides/ short-term dermal exposure scenarios. exposure. Based on the explanation in cumulative. This study has a clearly defined NOAEL Unit III.C.3., regarding residential use D. Safety Factor for Infants and of 5.0 mg/kg/day. EPA did not identify patterns, chronic residential exposure to Children any residual uncertainties after residues of pyraclostrobin is not establishing toxicity endpoints and expected. 1. In general. Section 408(b)(2)(C) of traditional UFs to be used in the risk 3. Short-term risk. Short-term FFDCA provides that EPA shall apply assessment of pyraclostrobin. The aggregate exposure takes into account an additional tenfold (10X) margin of degree of concern for prenatal and/or short-term residential exposure plus safety for infants and children in the postnatal toxicity is low. chronic exposure to food and water case of threshold effects to account for iv. There are no residual uncertainties (considered to be a background prenatal and postnatal toxicity and the identified in the exposure databases. exposure level). Pyraclostrobin is completeness of the database on toxicity The acute dietary exposure assessments currently registered for uses that could and exposure unless EPA determines were performed assuming 100 PCT and result in short-term residential based on reliable data that a different tolerance-level or highest field trial exposure, and the Agency has margin of safety will be safe for infants residues. The chronic dietary exposure determined that it is appropriate to and children. This additional margin of assessments were performed using aggregate chronic exposure through food safety is commonly referred to as the average PCT estimates, when available, and water with short-term residential FQPA Safety Factor (SF). In applying and tolerance-level or highest field trial exposures to pyraclostrobin. this provision, EPA either retains the residues. These data are reliable and are Using the exposure assumptions default value of 10X, or uses a different not expected to underestimate risks to described in this unit for short-term additional safety factor when reliable adults or children. EPA made exposures, EPA has concluded the data available to EPA support the choice conservative (protective) assumptions in combined short-term food, water, and of a different factor. the ground and surface water modeling residential exposures result in aggregate 2. Prenatal and postnatal sensitivity. used to assess exposure to MOEs of 120 for children 1–2 years old, There is no evidence that pyraclostrobin pyraclostrobin in drinking water. EPA 360 for children 6–11 years old, 1,500 results in increased susceptibility in rats used similarly conservative assumptions for youth 11–16 years old, 760 for adult or rabbits in the prenatal developmental to assess postapplication exposure of handlers, and 230 for adults from studies or in young rats in the 2- children as well as incidental oral postapplication exposures. Because generation reproduction study. exposure of toddlers. These assessments EPA’s level of concern for Although there is qualitative evidence will not underestimate the exposure and pyraclostrobin is a MOE of 100 or of increased susceptibility in the risks posed by pyraclostrobin. below, these MOEs are not of concern. prenatal development study in rabbits, 4. Intermediate-term risk. the Agency did not identify any residual E. Aggregate Risks and Determination of Intermediate-term aggregate exposure uncertainties after establishing toxicity Safety takes into account intermediate-term endpoints and traditional UFs to be EPA determines whether acute and residential exposure plus chronic used in the risk assessment of chronic dietary pesticide exposures are exposure to food and water (considered pyraclostrobin. The degree of concern safe by comparing aggregate exposure to be a background exposure level). for prenatal and/or postnatal toxicity is estimates to the acute PAD (aPAD) and Pyraclostrobin is currently registered for low. chronic PAD (cPAD). For linear cancer uses that could result in intermediate- 3. Conclusion. EPA has determined risks, EPA calculates the lifetime term residential exposure; however, that reliable data show the safety of probability of acquiring cancer given the since the short- and intermediate-term infants and children would be estimated aggregate exposure. Short-, endpoints and PODs for dermal and oral adequately protected if the FQPA SF intermediate-, and chronic-term risks routes are the same, the short-term were reduced to 1X. That decision is are evaluated by comparing the exposure and risk estimates are based on the following findings: estimated aggregate food, water, and considered to be protective of potential

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intermediate-term exposure and risk The U.S. tolerance is based on OECD tolerance calculation procedures. and an intermediate-term aggregate application of the Organization for EPA is additionally removing the time- assessment was not performed. Economic Cooperation and limited tolerance in or on sugarcane, 5. Aggregate cancer risk for U.S. Development (OECD) tolerance cane at 0.02 ppm as it will be population. Based on the lack of calculation procedures to the validated superseded by the permanent tolerance evidence of carcinogenicity in two field trial data, which shows that the at 0.2 ppm. Finally, EPA is removing the adequate rodent carcinogenicity studies, U.S. tolerance for globe artichoke must time-limited tolerance in or on pyraclostrobin is not expected to pose a be at 3.0 ppm to avoid violations for sugarcane, molasses at 0.4 ppm, as the cancer risk to humans. crops treated in accordance with the Agency has determined that no 6. Determination of safety. Based on EPA approved label. These different concentration of pyraclostrobin residues these risk assessments, EPA concludes tolerance levels may be due, in part, to are expected in these commodities and the different residue definitions for that there is a reasonable certainty that the tolerance is therefore not necessary. pyraclostrobin for the U.S. tolerances no harm will result to the general The information regarding sugarcane, population or to infants and children and the Codex MRLs. Codex established molasses was included in the August from aggregate exposure to MRLs for residues of pyraclostrobin 22, 2012 (77 FR 50661) notice of filing pyraclostrobin residues. only, and in the U.S. tolerances, are currently established for parent and its for PP number 2F8038. IV. Other Considerations desmethoxy metabolite (methyl-N-[[[1- V. Conclusion A. Analytical Enforcement Methodology (4-chlorophenyl)-1H-pyrazol-3- yl]oxy]methyl] phenylcarbamate). Therefore, tolerances are established Two adequate methods are available Currently, pyraclostrobin has over 100 for residues of pyraclostrobin, carbamic to enforce the tolerance expression for tolerances for multiple commodities and acid, [2-[[[1-(4-chlorophenyl)-1H- residues of pyraclostrobin and the crop groups. When this chemical goes pyrazol-3- metabolite BF 500–3 in or on plant through registration review the U.S. commodities: A liquid chromatography yl]oxy]methyl]phenyl]methoxy-, methyl EPA will determine if it is possible to ester) and its desmethoxy metabolite with tandem mass spectrometry (LC/ change the existing residue definition to MS/MS) method, BASF Method D9908; (methyl N-[[[1-(4-chlorophenyl)-1H- align with Codex which would pyrazol-3-yl]oxy]methyl]phenyl and a high-performance LC with potentially allow for harmonization of ultraviolet detection (HPLC/UV) carbamate), calculated as the MRL and tolerance levels. However, stoichiometric equivalent of method, Method D9904. The methods given the number of existing tolerances may be found in the Pesticide Analytical pyraclostrobin in or on artichoke, globe it is not appropriate to consider such a at 3.0 ppm; endive, belgium at 4.0 ppm; Manual, Volume I. change for this petition only. Therefore, persimmon at 3.0 ppm; sugarcane, cane because the residue definitions are B. International Residue Limits at 0.20 ppm; vegetable, bulb, group 3– currently different and pyraclostrobin 07 at 0.9 ppm; vegetable, fruiting, group In making its tolerance decisions, EPA field trials in the U.S. show higher seeks to harmonize U.S. tolerances with residue levels than Codex MRL levels, it 8–10 at 1.4 ppm; fruit, citrus, group 10– international standards whenever is not possible to harmonize the U.S. 10 at 2.0 ppm; fruit, pome, group 11–10 possible, consistent with U.S. food tolerance for globe artichoke with the at 1.5 ppm; oilseed group 20 at 0.45 safety standards and agricultural Codex MRL. Additionally, the following ppm; caneberry subgroup 13–07A at 4.0 practices. EPA considers the U.S. crop group tolerances established ppm; bushberry subgroup 13–07B at 4.0 international maximum residue limits in this action could not be harmonized ppm; fruit, small vine climbing, except (MRLs) established by the Codex because of the difference in residue fuzzy kiwifruit, subgroup 13–07F at 2.0 Alimentarius Commission (Codex), as definitions between U.S. tolerances for ppm; and berry, low growing, subgroup required by FFDCA section 408(b)(4). pyraclostrobin and Codex MRLs. The 13–07G, except cranberry at 1.2 ppm. The Codex Alimentarius is a joint crop group tolerances which could not This regulation additionally removes United Nations Food and Agriculture be harmonized with Codex MRLs for established tolerances in or on Organization/World Health commodities in these crop group vegetable, bulb, group 3; vegetable, Organization food standards program, tolerances include: The bulb vegetable fruiting, group 8; fruit, citrus, group 10; and it is recognized as an international group 3–07; the fruiting vegetables fruit, pome, group 11; cotton, food safety standards-setting group 8–10; the pome fruit group 11–10; undelinted seed; borage, seed; castor oil organization in trade agreements to the caneberry subgroup 13–07A; the plant, seed; Chinese tallowtree, seed; which the United States is a party. EPA bushberry subgroup 13–07B; the small crambe, seed; cuphea, seed; echium, may establish a tolerance that is fruit vine climbing subgroup 13–07F; seed; euphorbia, seed; evening different from a Codex MRL; however, and the low growing berry subgroup 13– primrose, seed; flax, seed; gold of FFDCA section 408(b)(4) requires that 07G. The Codex has established an MRL pleasure, seed; hare’s ear mustard, seed; EPA explain the reasons for departing for the Codex equivalent of the U.S. from the Codex level. jojoba, seed; lesquerella, seed; lunaria, citrus fruit group 10–10 and for the seed; meadowfoam, seed; milkweed, The Codex has not established a MRL oilseed group 20, but although the seed; mustard, seed; niger seed, seed; oil for pyraclostrobin in or on sugarcane, numerical levels for the U.S. and Codex radish, seed; poppy, seed; rapeseed, endive, belgium, and persimmon. A crop groups are the same, the numerical seed; rose hip, seed; safflower, seed; Codex MRL has been established for values refer to different residues. pyraclostrobin in or on globe artichoke sesame, seed; stokes aster, seed; at 2.0 ppm. EPA has determined that the C. Revisions to Petitioned-for Tolerances sunflower, seed; sweet rocket, seed; U.S. tolerance should be set at 3.0 ppm. Based on the data submitted with the tallowwood, seed; tea oil plant, seed; The field trials comprising the data set petition, EPA is revising the proposed vernonia, seed; berry, group 13; grape; used by Codex are from Europe, and tolerance in or on endive, belgium from and strawberry. This regulation finally these trials were conducted under an 3.0 ppm to 4.0 ppm. The Agency revised removes the time-limited tolerances in application rate and preharvest interval this tolerance level based on analysis of or on sugarcane, cane and sugarcane, different from that on the U.S. trials. the residue field trial data using the molasses.

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VI. Statutory and Executive Order as described under Title II of the Commodity Parts per million Reviews Unfunded Mandates Reform Act of 1995 This final rule establishes tolerances (UMRA) (2 U.S.C. 1501 et seq.). Berry, low growing, sub- This action does not involve any group 13–07G, except under FFDCA section 408(d) in cranberry ...... 1 .2 response to a petition submitted to the technical standards that would require Agency consideration of voluntary Brassica, head and stem, Agency. The Office of Management and subgroup 5A ...... 5 .0 Budget (OMB) has exempted these types consensus standards pursuant to section Brassica, leafy greens, sub- of actions from review under Executive 12(d) of the National Technology group 5B ...... 16 .0 Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act of 1995 Bushberry subgroup 13– Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). 07B ...... 4 .0 October 4, 1993). Because this final rule Caneberry subgroup 13– VII. Congressional Review Act 07A ...... 4.0 has been exempted from review under Pursuant to the Congressional Review Canistel ...... 0 .6 Executive Order 12866, this final rule is Citrus, dried pulp ...... 12 .5 not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and Citrus, oil ...... 9 .0 entitled ‘‘Actions Concerning Coffee, green bean ...... 1 0 .3 Regulations That Significantly Affect other required information to the U.S. Corn, field, forage ...... 5.0 Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of Corn, field, grain ...... 0.1 FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller Corn, field, refined oil ...... 0.2 Order 13045, entitled ‘‘Protection of General of the United States prior to Corn, field, stover ...... 17 .0 publication of the rule in the Federal Corn, pop, grain ...... 0.1 Children From Environmental Health Corn, pop, stover ...... 17.0 Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Corn, sweet, forage ...... 5.0 April 23, 1997). This final rule does not Corn, sweet, kernel plus contain any information collections List of Subjects in 40 CFR Part 180 cob with husks removed 0 .04 subject to OMB approval under the Corn, sweet, stover ...... 23 .0 Environmental protection, Paperwork Reduction Act (PRA) (44 Cotton, gin byproducts ...... 30 Administrative practice and procedure, U.S.C. 3501 et seq.), nor does it require Endive, belgium ...... 4 .0 Agricultural commodities, Pesticides any special considerations under Fruit, citrus, group 10–10 ... 2.0 and pests, Reporting and recordkeeping Fruit, pome, group 11–10 ... 1.5 Executive Order 12898, entitled requirements. Fruit, small vine climbing, ‘‘Federal Actions to Address except fuzzy kiwifruit, Environmental Justice in Minority Dated: August 14, 2013. subgroup 13–07F ...... 2 .0 Populations and Low-Income Lois Rossi, Fruit, stone, group 12 ...... 2.5 Populations’’ (59 FR 7629, February 16, Director, Registration Division, Office of Grain, aspirated fractions ... 2.5 1994). Pesticide Programs. Grape, raisin ...... 7 .0 Since tolerances and exemptions that Grass, forage ...... 10 Therefore, 40 CFR chapter I is Grass, hay ...... 4.5 are established on the basis of a petition amended as follows: under FFDCA section 408(d), such as Grass, seed screenings ...... 27 the tolerance in this final rule, do not Grass, straw ...... 14 PART 180—[AMENDED] Hop, dried cones ...... 23 .0 require the issuance of a proposed rule, Mango ...... 0 .6 the requirements of the Regulatory ■ 1. The authority citation for part 180 Nut, tree, group 14 ...... 0.04 Flexibility Act (RFA) (5 U.S.C. 601 et continues to read as follows: Oat, grain ...... 1.2 seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371. Oat, hay ...... 18 This final rule directly regulates Oat, straw ...... 15 growers, food processors, food handlers, ■ 2. In § 180.582: Oilseed group 20 ...... 0.45 and food retailers, not States or tribes, ■ a. Revise the table in paragraph (a)(1). Papaya ...... 0.6 nor does this action alter the ■ b. Remove the commodities Pea, succulent ...... 0 .2 ‘‘Sugarcane, cane’’ and ‘‘Sugarcane, Pea and bean, dried relationships or distribution of power shelled, except soybean, and responsibilities established by molasses’’ in the table in paragraph (b). subgroup 6C ...... 0 .5 ■ Congress in the preemption provisions c. Revise the table in paragraph (b). Peanut ...... 0 .05 of FFDCA section 408(n)(4). As such, The revisions read as follows: Peanut, refined oil ...... 0.1 the Agency has determined that this Peppermint, tops ...... 8 .0 § 180.582 Pyraclostrobin; tolerances for Persimmon ...... 3.0 action will not have a substantial direct residues. effect on States or tribal governments, Pistachio ...... 0 .7 on the relationship between the national (a) General. (1) * * * Radish, tops ...... 16 government and the States or tribal Rye, grain ...... 0 .04 Commodity Parts per million Rye, straw ...... 0.5 governments, or on the distribution of Sapodilla ...... 0.6 power and responsibilities among the Alfalfa, forage ...... 10 Sapote, black ...... 0 .6 various levels of government or between Alfalfa, hay ...... 30 Sapote, mamey ...... 0.6 the Federal Government and Indian Almond, hulls ...... 7 .0 Sorghum, grain, forage ...... 5 .0 tribes. Thus, the Agency has determined Apple, wet pomace ...... 8 .0 Sorghum, grain, grain ...... 0.60 that Executive Order 13132, entitled Artichoke, globe ...... 3.0 Sorghum, grain, stover ...... 0.80 ‘‘Federalism’’ (64 FR 43255, August 10, Avocado ...... 0.6 Soybean, forage ...... 11 1999) and Executive Order 13175, Banana ...... 0 .04 Soybean, hay ...... 14 entitled ‘‘Consultation and Coordination Barley, grain ...... 1.4 Soybean, hulls ...... 0 .06 Barley, hay ...... 25 Soybean, seed ...... 0.04 with Indian Tribal Governments’’ (65 FR Barley, straw ...... 6 .0 Spearmint, tops ...... 8.0 67249, November 9, 2000) do not apply Bean, succulent shelled ..... 0.5 Star apple ...... 0.6 to this final rule. In addition, this final Beet, sugar, dried pulp ...... 1.0 Sugarcane, cane ...... 0.20 rule does not impose any enforceable Beet, sugar, roots ...... 0.2 Vegetable, bulb, group 3– duty or contain any unfunded mandate Beet, sugar, tops ...... 8.0 07 ...... 0 .9

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Commodity Parts per million Commodity Parts per million Commodity Parts per million

Vegetable, cucurbit, group Vegetable, leaves of root Vegetables, foliage of leg- 9 ...... 0 .5 and tuber, group 2, ex- ume, group 7 ...... 25 Vegetable, foliage of leg- cept sugar beet ...... 16.0 Wheat, grain ...... 0 .02 ume, except soybean, Vegetable, legume, edible Wheat, hay ...... 6.0 subgroup 7A ...... 25 .0 podded, subgroup 6A ..... 0 .5 Wheat, straw ...... 8.5 Vegetable, fruiting, group Vegetable, root, except 8–10 ...... 1 .4 sugar beet, subgroup 1B 0.4 * * * * * Vegetable, leafy, except Vegetable, tuberous and (b) Section 18 emergency exemptions. brassica, group 4 ...... 29 .0 corm, subgroup 1C ...... 0 .04 ***

Parts per Expiration/rev- Commodity million ocation date

Endive, belgium ...... 11.0 12/31/13

* * * * * the visitor instructions and additional or request a hearing on this regulation [FR Doc. 2013–20921 Filed 8–27–13; 8:45 am] information about the docket available in accordance with the instructions BILLING CODE 6560–50–P at http://www.epa.gov/dockets. provided in 40 CFR part 178. To ensure FOR FURTHER INFORMATION CONTACT: Lois proper receipt by EPA, you must Rossi, Registration Division (7505P), identify docket ID number EPA–HQ– ENVIRONMENTAL PROTECTION Office of Pesticide Programs, OPP–2012–0586 in the subject line on AGENCY Environmental Protection Agency, 1200 the first page of your submission. All Pennsylvania Ave. NW., Washington, objections and requests for a hearing 40 CFR Part 180 DC 20460–0001; telephone number: must be in writing, and must be [EPA–HQ–OPP–2012–0586; FRL–9393–8] (703) 305–7090; email address: received by the Hearing Clerk on or [email protected]. before October 28, 2013. Addresses for Halosulfuron-methyl; Pesticide SUPPLEMENTARY INFORMATION: mail and hand delivery of objections Tolerances and hearing requests are provided in 40 I. General Information AGENCY: Environmental Protection CFR 178.25(b). Agency (EPA). A. Does this action apply to me? In addition to filing an objection or ACTION: Final rule. You may be potentially affected by hearing request with the Hearing Clerk this action if you are an agricultural as described in 40 CFR part 178, please SUMMARY: This regulation establishes producer, food manufacturer, or submit a copy of the filing (excluding tolerances for residues of halosulfuron- pesticide manufacturer. The following any Confidential Business Information methyl in or on artichoke and caneberry list of North American Industrial (CBI)) for inclusion in the public docket. subgroup 13–07A. The Interregional Classification System (NAICS) codes is Information not marked confidential Research Project Number 4 (IR–4) not intended to be exhaustive, but rather pursuant to 40 CFR part 2 may be requested these tolerances under the provides a guide to help readers disclosed publicly by EPA without prior Federal Food, Drug, and Cosmetic Act determine whether this document notice. Submit the non-CBI copy of your (FFDCA). applies to them. Potentially affected objection or hearing request, identified DATES: This regulation is effective entities may include: by docket ID number EPA–HQ–OPP– • August 28, 2013. Objections and Crop production (NAICS code 111). • 2012–0586, by one of the following requests for hearings must be received Animal production (NAICS code methods: 112). on or before October 28, 2013, and must • • Food manufacturing (NAICS code Federal eRulemaking Portal: http:// be filed in accordance with the www.regulations.gov. Follow the online instructions provided in 40 CFR part 311). • Pesticide manufacturing (NAICS instructions for submitting comments. 178 (see also Unit I.C. of the code 32532). Do not submit electronically any SUPPLEMENTARY INFORMATION). information you consider to be CBI or ADDRESSES: The docket for this action, B. How can I get electronic access to other information whose disclosure is identified by docket identification (ID) other related information? restricted by statute. number EPA–HQ–OPP–2012–0586, is You may access a frequently updated • available at http://www.regulations.gov Mail: OPP Docket, Environmental electronic version of EPA’s tolerance Protection Agency Docket Center (EPA/ or at the Office of Pesticide Programs regulations at 40 CFR part 180 through Regulatory Public Docket (OPP Docket) DC), (28221T), 1200 Pennsylvania Ave. the Government Printing Office’s e-CFR NW., Washington, DC 20460–0001. in the Environmental Protection Agency site at http://www.ecfr.gov/cgi-bin/text- • Docket Center (EPA/DC), EPA West idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Hand Delivery: To make special Bldg., Rm. 3334, 1301 Constitution Ave. 40tab_02.tpl. arrangements for hand delivery or NW., Washington, DC 20460–0001. The delivery of boxed information, please Public Reading Room is open from 8:30 C. How can I file an objection or hearing follow the instructions at http:// a.m. to 4:30 p.m., Monday through request? www.epa.gov/dockets/contacts.html. Friday, excluding legal holidays. The Under FFDCA section 408(g), 21 Additional instructions on commenting telephone number for the Public U.S.C. 346a, any person may file an or visiting the docket, along with more Reading Room is (202) 566–1744, and objection to any aspect of this regulation information about dockets generally, is the telephone number for the OPP and may also request a hearing on those available at http://www.epa.gov/ Docket is (703) 305–5805. Please review objections. You must file your objection dockets.

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II. Summary of Petitioned-For and risks associated with halosulfuron- B. Toxicological Points of Departure/ Tolerance methyl follows. Levels of Concern In the Federal Register of September A. Toxicological Profile Once a pesticide’s toxicological 28, 2012 (77 FR 59578) (FRL–9364–6), profile is determined, EPA identifies EPA issued a document pursuant to EPA has evaluated the available toxicological points of departure (POD) FFDCA section 408(d)(3), 21 U.S.C. toxicity data and considered their and levels of concern to use in 346a(d)(3), announcing the filing of a validity, completeness, and reliability as evaluating the risk posed by human pesticide petition (PP 2E8050) by IR–4, well as the relationship of the results of exposure to the pesticide. For hazards IR–4 Project Headquarters, 500 College the studies to human risk. EPA has also that have a threshold below which there Rd. East, Suite 201 W., Princeton, NJ considered available information is no appreciable risk, the toxicological 08540. The petition requested that 40 concerning the variability of the POD is used as the basis for derivation CFR 180.479 be amended by sensitivities of major identifiable of reference values for risk assessment. establishing tolerances for residues of subgroups of consumers, including PODs are developed based on a careful the herbicide halosulfuron-methyl, infants and children. With repeated analysis of the doses in each methyl 5-[(4,6-dimethoxy-2- dosing, halosulfuron-methyl produces toxicological study to determine the pyrimidinyl)amino] non-specific effects, which are dose at which no adverse effects are carbonylaminosulfonyl]-3-chloro-1- frequently characterized by reduced observed (the NOAEL) and the lowest methyl-1H-pyrazole-4-carboxylate, body weight/body weight gain in the dose at which adverse effects of concern including its metabolites and test animals. In the prenatal are identified (the LOAEL). Uncertainty/ degradates, in or on artichoke and developmental toxicity study in rats, safety factors are used in conjunction caneberry subgroup 13–07A at 0.05 increases in resorptions, soft tissue with the POD to calculate a safe parts per million (ppm). That document (dilation of the lateral ventricles) and exposure level—generally referred to as referenced a summary of the petition skeletal variations, and decreases in a population-adjusted dose (PAD) or a prepared by Gowan Company, the body weights were seen in the fetuses reference dose (RfD)—and a safe margin registrant, which is available in the compared to clinical signs and of exposure (MOE). For non-threshold docket, http://www.regulations.gov. decreases in body weights and food risks, the Agency assumes that any There were no comments received in consumption in the maternal animals at amount of exposure will lead to some response to the notice of filing. a similar dose level. In the rabbit degree of risk. Thus, the Agency developmental toxicity study, increases estimates risk in terms of the probability III. Aggregate Risk Assessment and in resorptions and post-implantation of an occurrence of the adverse effect Determination of Safety losses and decrease in mean litter size expected in a lifetime. For more Section 408(b)(2)(A)(i) of FFDCA were seen in the presence of decreases information on the general principles allows EPA to establish a tolerance (the in body weight and food consumption EPA uses in risk characterization and a legal limit for a pesticide chemical in maternal animals were observed. complete description of the risk residue in or on a food) only if EPA However, a clear no observed adverse assessment process, see http:// determines that the tolerance is ‘‘safe.’’ effect level (NOAEL) for these effects www.epa.gov/pesticides/factsheets/ Section 408(b)(2)(A)(ii) of FFDCA was established in both rat and rabbit riskassess.htm. defines ‘‘safe’’ to mean that ‘‘there is a developmental toxicity studies. A summary of the toxicological reasonable certainty that no harm will Halosulfuron-methyl did not produce endpoints for halosulfuron-methyl used result from aggregate exposure to the reproductive effects. No neurotoxic for human risk assessment is discussed pesticide chemical residue, including effects were observed in the acute or in Unit III. of the final rule published in all anticipated dietary exposures and all subchronic neurotoxicity studies. the Federal Register of December 3, other exposures for which there is Halosulfuron-methyl is classified as 2012 (77 FR 71555) (FRL–9370–6). reliable information.’’ This includes ‘‘not likely to be carcinogenic to C. Exposure Assessment exposure through drinking water and in humans.’’ It is negative for mutagenicity residential settings, but does not include in a battery of genotoxicity studies. 1. Dietary exposure from food and occupational exposure. Section feed uses. In evaluating dietary 408(b)(2)(C) of FFDCA requires EPA to Although there is no immunotoxicity exposure to halosulfuron-methyl, EPA give special consideration to exposure study for halosulfuron-methyl, the considered exposure under the of infants and children to the pesticide available data indicate that petitioned-for tolerances as well as all chemical residue in establishing a halosulfuron-methyl is unlikely to be an existing halosulfuron-methyl tolerances tolerance and to ‘‘ensure that there is a immuno toxicant. EPA is currently in 40 CFR 180.479. EPA assessed dietary reasonable certainty that no harm will reviewing a waiver request for these exposures from halosulfuron-methyl in result to infants and children from data. food as follows: aggregate exposure to the pesticide Specific information on the studies i. Acute exposure. Quantitative acute chemical residue. . . .’’ received and the nature of the adverse dietary exposure and risk assessments Consistent with FFDCA section effects caused by halosulfuron-methyl are performed for a food-use pesticide, 408(b)(2)(D), and the factors specified in as well as the NOAEL and Lowest if a toxicological study has indicated the FFDCA section 408(b)(2)(D), EPA has Observed-Adversed-Effective-Level possibility of an effect of concern reviewed the available scientific data (LOAEL) from the toxicity studies can occurring as a result of a 1-day or single and other relevant information in be found at http://www.regulations.gov exposure. There was no indication of an support of this action. EPA has in document: ‘‘Halosulfuron-Methyl: adverse effect attributable to a single sufficient data to assess the hazards of Human Health Risk Assessment for dose for the general U.S. population and to make a determination on Proposed New Uses on Artichoke and including infants and children. aggregate exposure for halosulfuron- Caneberry (Crop subgroup 13–07A),’’ Therefore, an acute dietary assessment methyl including exposure resulting dated March 25, 2013, pp. 30–34, docket was not conducted for the U.S. general from the tolerances established by this ID number EPA–HQ–OPP–2012–0586– population. However, such effects were action. EPA’s assessment of exposures 0004. identified for females 13–49 years old

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for halosulfuron-methyl. In estimating 59.2 ppb for surface water and 0.065 D. Safety Factor for Infants and acute dietary exposure, EPA used the ppb for ground water. Children Dietary Exposure Evaluation Model— Modeled estimates of drinking water 1. In general. Section 408(b)(2)(C) of Food Consumption Intake Database concentrations were directly entered FFDCA provides that EPA shall apply (DEEM–FCID, ver. 3.16), which into the dietary exposure model. For an additional tenfold (10X) margin of incorporates consumption information both the acute and chronic dietary risk safety for infants and children in the from the United States Department of assessments, the water concentration case of threshold effects to account for Agriculture (USDA) National Health and value of 59.2 ppb was used to assess the prenatal and postnatal toxicity and the Nutrition Examination Survey, What We contribution to drinking water. completeness of the database on toxicity Eat in America (NHANES/WWEIA); 3. From non-dietary exposure. The and exposure unless EPA determines 2003–2008). As to residue levels in based on reliable data that a different food, EPA conducted an unrefined term ‘‘residential exposure’’ is used in this document to refer to non- margin of safety will be safe for infants assessment that assumed 100 percent and children. This additional margin of crop treated (PCT), dietary exposure occupational, non-dietary exposure (e.g., for lawn and garden pest control, safety is commonly referred to as the evaluation model (DEEM) 7.81 default Food Quality Protection Act (FQPA) processing factors, and tolerance-level indoor pest control, termiticides, and flea and tick control on pets). Safety Factor (SF). In applying this residues for all existing and proposed provision, EPA either retains the default uses. Halosulfuron-methyl is currently value of 10X, or uses a different ii. Chronic exposure. In conducting registered for the following uses that additional safety factor when reliable the chronic dietary exposure assessment could result in residential exposures: data available to EPA support the choice EPA used the DEEM–FCID, ver. 3.16 Residential turf use. EPA assessed of a different factor. which incorporates consumption residential exposure using the following 2. Prenatal and postnatal sensitivity. information from the USDA NHANES/ assumptions: Residential handler short- The prenatal and postnatal toxicity WWEIA; 2003–2008. As to residue term (1–30 days) dermal and inhalation database for halosulfuron-methyl levels in food, EPA conducted an exposures, and residential post- includes rat and rabbit developmental unrefined assessment that assumed 100 application short-term dermal and toxicity studies and a 2-generation PCT, DEEM 7.81 default processing incidental oral (hand-to-mouth, object- reproduction toxicity study in rats. As factors, and tolerance-level residues for to-mouth, and soil ingestion) exposures discussed in Unit III.A., there was no all existing and proposed uses. are expected from activities associated quantitative evidence for increased iii. Cancer. Based on the data with the existing uses. Intermediate- susceptibility following prenatal and/or summarized in Unit III.A., EPA has term exposures are not likely because of postnatal exposure. However, there was concluded that halosulfuron methyl the intermittent nature of applications qualitative evidence for increased does not pose a cancer risk to humans. by homeowners. susceptibility of fetuses in the rat and Therefore, a dietary exposure Further information regarding EPA rabbit developmental studies. In the rat assessment for the purpose of assessing standard assumptions and generic study, increases in resorptions, soft cancer risk is unnecessary. inputs for residential exposures may be tissue (dilation of the lateral ventricles) iv. Anticipated residue and PCT found at http://www.epa.gov/pesticides/ and skeletal variations, and decreases in information. EPA did not use trac/science/trac6a05.pdf. body weights were seen in the fetuses anticipated residue or PCT information compared to clinical signs and 4. Cumulative effects from substances in the dietary assessment for decreases in body weights and food with a common mechanism of toxicity. halosulfuron-methyl. Tolerance level consumption in the maternal animals. Section 408(b)(2)(D)(v) of FFDCA residues and100 PCT were assumed for In the rabbit study, increases in requires that, when considering whether all food commodities. resorptions and post-implantation losses to establish, modify, or revoke a 2. Dietary exposure from drinking and decrease in mean litter size was tolerance, the Agency consider water. The Agency used screening level seen in the presence of decreases in ‘‘available information’’ concerning the water exposure models in the dietary body weight and food consumption in cumulative effects of a particular exposure analysis and risk assessment maternal animals. Thus, in both species, pesticide’s residues and ‘‘other for halosulfuron-methyl in drinking the developmental effect was substances that have a common water. These simulation models take considered to be qualitatively more mechanism of toxicity.’’ into account data on the physical, severe than maternal effects (i.e., chemical, and fate/transport EPA has not found halosulfuron- qualitative evidence for susceptibility). characteristics of halosulfuron-methyl. methyl to share a common mechanism Nevertheless, the degree of concern for Further information regarding EPA of toxicity with any other substances, these effects is low, and there are no drinking water models used in pesticide and halosulfuron-methyl does not residual uncertainties for prenatal exposure assessment can be found at appear to produce a toxic metabolite toxicity in both rats and rabbits for the http://www.epa.gov/oppefed1/models/ produced by other substances. For the following reasons: water/index.htm. purposes of this tolerance action, i. In both studies, there are clear Based on the Tier 1 Rice Model v.1.0 therefore, EPA has assumed that NOAELs/LOAELs for developmental and Screening Concentration in Ground halosulfuron-methyl does not have a and maternal toxicities. Water (SCI–GROW) models, common mechanism of toxicity with ii. Developmental effects were seen in respectively, the estimated drinking other substances. For information the presence of maternal toxicity. water concentrations (EDWCs) of regarding EPA’s efforts to determine iii. The effects were only seen at the halosulfuron-methyl for acute exposures which chemicals have a common high dose. are estimated to be 59.2 parts per billion mechanism of toxicity and to evaluate iv. In rats, developmental effects were (ppb) for surface water and 0.065 ppb the cumulative effects of such seen at a dose which approached the for ground water. chemicals, see EPA’s Web site at limit-dose. For chronic exposures for non-cancer http://www.epa.gov/pesticides/ 3. Conclusion. EPA has determined assessments EDWC’s are estimated to be cumulative. that reliable data show the safety of

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infants and children would be given the estimated aggregate exposure. pathway. Because there is no adequately protected if the FQPA SF Short-term, intermediate-term, and intermediate-term residential exposure, were reduced to 1X. That decision is chronic-term risks are evaluated by the intermediate-term aggregate risk based on the following findings: comparing the estimated aggregate food, would be equivalent to the chronic i. The toxicity database for water, and residential exposure to the dietary exposure estimate. Chronic halosulfuron-methyl is complete except appropriate PODs to ensure that an dietary exposure has already been for an immunotoxicity study. In the adequate MOE exists. assessed under the appropriately absence of specific immunotoxicity 1. Acute risk. Using the exposure protective cPAD (which is at least as studies, EPA has evaluated the available assumptions discussed in this unit for protective as the equivalent POD value halosulfuron-methyl toxicity data to acute exposure, the acute dietary used to assess intermediate-term risk), determine whether an additional exposure from food and water to no further assessment of intermediate- uncertainty factor is needed to account halosulfuron-methyl will occupy <1% term risk is necessary. or potential immunotoxicity. The of the aPAD for females 13–49 years, the 5. Aggregate cancer risk for U.S. toxicology database for halosulfuron- population group receiving the greatest population. Based on the lack of methyl does not show any evidence of exposure. evidence of carcinogenicity in two biologically relevant effects on the 2. Chronic risk. Using the exposure adequate rodent carcinogenicity studies, immune system following exposure to assumptions described in this unit for halosulfuron-methyl is not expected to this chemical. The overall weight-of- chronic exposure, EPA has concluded pose a cancer risk to humans. evidence suggests that this chemical that chronic exposure to halosulfuron- 6. Determination of safety. Based on does not directly target the immune methyl from food and water will utilize these risk assessments, EPA concludes system. Based on these considerations, 5.5% of the cPAD for all children 1–2 that there is a reasonable certainty that EPA does not believe that conducting years old, the population group no harm will result to the general immunotoxicity testing will result in a receiving the greatest exposure. Chronic population, or to infants and children point of departure lower than those residential exposure to residues of from aggregate exposure to already selected for halosulfuron-methyl halosulfuron-methyl is not expected. halosulfuron-methyl residues. risk assessment, and an additional Therefore, the chronic aggregate risk database uncertainty factor is not would be equivalent to the chronic IV. Other Considerations needed to account for the lack of this dietary exposure estimate. A. Analytical Enforcement Methodology study. 3. Short-term risk. Short-term ii. There is no indication that aggregate exposure takes into account An adequate analytical method is halosulfuron-methyl is a neurotoxic short-term residential exposure plus available for enforcement of tolerances chemical and there is no need for a chronic exposure to food and water for halosulfuron-methyl residues in developmental neurotoxicity study or (considered to be a background plants. The gas chromatography (GC) additional uncertainty factors to account exposure level). Halosulfuron-methyl is method quantifies halosulfuron-methyl for neurotoxicity. currently registered for uses that could as its rearrangement ester (RRE; 1-H- iii. Although there is qualitative result in short-term residential pyrazole-4-carboxylic acid, 3-chloro-5- evidence of increased susceptibility in exposure, and the Agency has [(4,6-dimethoxy-2-pyrimidinyl)amino]- the prenatal developmental studies in determined that it is appropriate to 1-methyl, methyl ester) using rats and rabbits, as discussed in Unit aggregate chronic exposure through food thermionic-specific detection (TSD, III.D.2., there are no residual and water with short-term residential nitrogen specific). For confirmation, the uncertainties after establishing toxicity exposures to halosulfuron-methyl. RRE can be determined by gas endpoints and the degree of concern for Using the exposure assumptions chromatography mass spectroscopic pre- and/or postnatal toxicity is low. described in this unit for short-term detection (GC/MS). iv. There are no residual uncertainties exposures, EPA has concluded the The method may be requested from: identified in the exposure databases. combined short-term food, water, and Chief, Analytical Chemistry Branch, The dietary food exposure assessments residential exposures result in aggregate Environmental Science Center, 701 were performed based on 100 PCT and MOEs of 1,800 for adults and 840 for Mapes Rd., Ft. Meade, MD 20755–5350; tolerance-level residues. EPA made children. Residential exposure for use in telephone number: (410) 305–2905; conservative (protective) assumptions in the aggregate assessment of adults and email address: residuemethods@ the ground and surface water modeling children 1 to <2 years old reflects the epa.gov. combined post-application dermal plus used to assess exposure to halosulfuron- B. International Residue Limits methyl in drinking water. EPA used hand-to-mouth exposures from turf similarly conservative assumptions to treated with liquid applications of In making its tolerance decisions, EPA assess postapplication exposure of halosulfuron-methyl. Because EPA’s seeks to harmonize U.S. tolerances with children as well as incidental oral level of concern for halosulfuron-methyl international standards whenever exposure of toddlers. These assessments is a MOE of 100 or below, these possible, consistent with U.S. food will not underestimate the exposure and estimates of aggregate risk do not exceed safety standards and agricultural risks posed by halosulfuron-methyl. the Agency’s level of concern. practices. EPA considers the 4. Intermediate-term risk. international maximum residue limits E. Aggregate Risks and Determination of Intermediate-term aggregate exposure (MRLs) established by the Codex Safety takes into account intermediate-term Alimentarius Commission (Codex), as EPA determines whether acute and residential exposure plus chronic required by FFDCA section 408(b)(4). chronic dietary pesticide exposures are exposure to food and water (considered The Codex Alimentarius is a joint safe by comparing aggregate exposure to be a background exposure level). An United Nations Food and Agriculture estimates to the acute population intermediate-term adverse effect was Organization/World Health adjusted dose (aPAD) and chronic identified; however, halosulfuron- Organization food standards program, population adjusted dose (cPAD). For methyl is not registered for any use and it is recognized as an international linear cancer risks, EPA calculates the patterns that would result in food safety standards-setting lifetime probability of acquiring cancer intermediate-term residential exposure organization in trade agreements to

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which the United States is a party. EPA Congress in the preemption provisions § 180.479 Halosulfuron-methyl; tolerances may establish a tolerance that is of FFDCA section 408(n)(4). As such, for residues. different from a Codex MRL; however, the Agency has determined that this (a) * * * FFDCA section 408(b)(4) requires that action will not have a substantial direct (2) * * * EPA explain the reasons for departing effect on States or tribal governments, from the Codex level. There are no on the relationship between the national Commodity Parts per Codex MRLs established for residues of government and the States or tribal million halosulfuron-methyl in/on any governments, or on the distribution of commodity. power and responsibilities among the ***** V. Conclusion various levels of government or between Artichoke ...... 0.05 the Federal Government and Indian Therefore, tolerances are established tribes. Thus, the Agency has determined ***** for residues of the herbicide that Executive Order 13132, entitled Caneberry subgroup 13–07A ..... 0.05 halosulfuron-methyl, methyl 5-[(4,6- ‘‘Federalism’’ (64 FR 43255, August 10, dimethoxy-2-pyrimidiny)amino] 1999) and Executive Order 13175, ***** carbonylaminosulfonyl]-3-chloro-1- entitled ‘‘Consultation and Coordination methyl-1H-pyrazole-4-carboxylate, with Indian Tribal Governments’’ (65 FR * * * * * [FR Doc. 2013–20906 Filed 8–27–13; 8:45 am] including its metabolites and 67249, November 9, 2000) do not apply degradates, in or on the commodities to this final rule. In addition, this final BILLING CODE 6560–50–P artichoke at 0.05 ppm and caneberry rule does not impose any enforceable subgroup 13–07A at 0.05 ppm. duty or contain any unfunded mandate ENVIRONMENTAL PROTECTION VI. Statutory and Executive Order as described under Title II of the AGENCY Reviews Unfunded Mandates Reform Act of 1995 This final rule establishes tolerances (UMRA) (2 U.S.C. 1501 et seq.). 40 CFR Part 180 under FFDCA section 408(d) in This action does not involve any [EPA–HQ–OPP–2011–1018; FRL–9396–8] response to a petition submitted to the technical standards that would require Agency. The Office of Management and Agency consideration of voluntary Ethyl-2E,4Z-Decadienoate (Pear Ester); Budget (OMB) has exempted these types consensus standards pursuant to section Exemption From the Requirement of a of actions from review under Executive 12(d) of the National Technology Tolerance Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act of 1995 Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). AGENCY: Environmental Protection October 4, 1993). Because this final rule Agency (EPA). VII. Congressional Review Act has been exempted from review under ACTION: Final rule. Executive Order 12866, this final rule is Pursuant to the Congressional Review SUMMARY: This regulation establishes an not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will exemption from the requirement of a entitled ‘‘Actions Concerning submit a report containing this rule and tolerance for residues of the biochemical Regulations That Significantly Affect other required information to the U.S. pesticide ethyl-2E,4Z-decadienoate Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of (pear ester) in or on all food FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller commodities. This regulation eliminates Order 13045, entitled ‘‘Protection of General of the United States prior to the need to establish a maximum Children from Environmental Health publication of the rule in the Federal permissible level for residues of ethyl- Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major 2E,4Z-decadienoate (pear ester). April 23, 1997). This final rule does not rule’’ as defined by 5 U.S.C. 804(2). contain any information collections DATES: This regulation is effective subject to OMB approval under the List of Subjects in 40 CFR Part 180 August 28, 2013. Objections and Paperwork Reduction Act (PRA) (44 requests for hearings must be received Environmental protection, U.S.C. 3501 et seq.), nor does it require on or before October 28, 2013, and must Administrative practice and procedure, any special considerations under be filed in accordance with the Agricultural commodities, Pesticides Executive Order 12898, entitled instructions provided in 40 CFR part and pests, Reporting and recordkeeping ‘‘Federal Actions to Address 178 (see also Unit I.C. of the requirements. Environmental Justice in Minority SUPPLEMENTARY INFORMATION). Populations and Low-Income Dated: August 14, 2013. ADDRESSES: The docket for this action, Populations’’ (59 FR 7629, February 16, Lois Rossi, identified by docket identification (ID) 1994). Director, Registration Division, Office of number EPA–HQ–OPP–2011–1018, is Since tolerances and exemptions that Pesticide Programs. available at http://www.regulations.gov are established on the basis of a petition or at the Office of Pesticide Programs under FFDCA section 408(d), such as Therefore, 40 CFR chapter I is Regulatory Public Docket (OPP Docket) the tolerance in this final rule, do not amended as follows: in the Environmental Protection Agency require the issuance of a proposed rule, Docket Center (EPA/DC), EPA West the requirements of the Regulatory PART 180—[AMENDED] Bldg., Rm. 3334, 1301 Constitution Ave. Flexibility Act (RFA) (5 U.S.C. 601 et NW., Washington, DC 20460–0001. The seq.), do not apply. ■ 1. The authority citation for part 180 Public Reading Room is open from 8:30 This final rule directly regulates continues to read as follows: a.m. to 4:30 p.m., Monday through growers, food processors, food handlers, Authority: 21 U.S.C. 321(q), 346a and 371. Friday, excluding legal holidays. The and food retailers, not States or tribes, telephone number for the Public nor does this action alter the ■ 2. In § 180.479, add alphabetically the Reading Room is (202) 566–1744, and relationships or distribution of power following commodities to the table in the telephone number for the OPP and responsibilities established by paragraph (a)(2) to read as follows: Docket is (703) 305–5805. Please review

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the visitor instructions and additional submit a copy of the filing (excluding residential settings, but does not include information about the docket available any Confidential Business Information occupational exposure. Pursuant to at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. FFDCA section 408(c)(2)(B), in FOR FURTHER INFORMATION CONTACT: Gina Information not marked confidential establishing or maintaining in effect an Burnett, Biopesticides and Pollution pursuant to 40 CFR part 2 may be exemption from the requirement of a Prevention Division (7511P), Office of disclosed publicly by EPA without prior tolerance, EPA must take into account Pesticide Programs, Environmental notice. Submit the non-CBI copy of your the factors set forth in FFDCA section Protection Agency, 1200 Pennsylvania objection or hearing request, identified 408(b)(2)(C), which require EPA to give Ave. NW., Washington, DC 20460–0001; by docket ID number EPA–HQ–OPP– special consideration to exposure of telephone number: (703) 605–0513; 2011–1018, by one of the following infants and children to the pesticide email address: [email protected]. methods: chemical residue in establishing a • Federal eRulemaking Portal: http:// tolerance and to ‘‘ensure that there is a SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online reasonable certainty that no harm will I. General Information instructions for submitting comments. result to infants and children from Do not submit electronically any A. Does this action apply to me? aggregate exposure to the pesticide information you consider to be CBI or chemical residue . . . . ’’ Additionally, You may be potentially affected by other information whose disclosure is FFDCA section 408(b)(2)(D) requires this action if you are an agricultural restricted by statute. that the Agency consider ‘‘available producer, food manufacturer, or • Mail: OPP Docket, Environmental information concerning the cumulative pesticide manufacturer. The following Protection Agency Docket Center (EPA/ effects of a particular pesticide’s list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. residues’’ and ‘‘other substances that Classification System (NAICS) codes is NW., Washington, DC 20460–0001. have a common mechanism of toxicity.’’ • not intended to be exhaustive, but rather Hand Delivery: To make special EPA performs a number of analyses to provides a guide to help readers arrangements for hand delivery or determine the risks from aggregate determine whether this document delivery of boxed information, please exposure to pesticide residues. First, applies to them. Potentially affected follow the instructions at http:// EPA determines the toxicity of entities may include: www.epa.gov/dockets/contacts.htm. pesticides. Second, EPA examines • Crop production (NAICS code 111). Additional instructions on commenting exposure to the pesticide through food, • Animal production (NAICS code or visiting the docket, along with more drinking water, and through other 112). information about dockets generally, is exposures that occur as a result of • Food manufacturing (NAICS code available at http://www.epa.gov/ pesticide use in residential settings. 311). dockets. • Pesticide manufacturing (NAICS III. Toxicological Profile II. Background and Statutory Findings code 32532). Consistent with FFDCA section In the Federal Register of March 14, 408(b)(2)(D), EPA has reviewed the B. How can I get electronic access to 2012 (77 FR 15012) (FRL–9335–9), EPA other related information? available scientific data and other issued a notice pursuant to FFDCA relevant information in support of this You may access a frequently updated section 408(d)(3), 21 U.S.C. 346a(d)(3), action and considered its validity, electronic version of 40 CFR part 180 announcing the filing of a pesticide completeness and reliability, and the through the Government Printing tolerance petition (PP 1F7901) by relationship of this information to Office’s e-CFR site at http:// Wagner Regulatory Associates, Inc. (the human risk. EPA has also considered www.ecfr.gov/cgi-bin/text- Petitioner), on behalf of Bedoukian available information concerning the idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Research, Inc., 21 Finance Drive, variability of the sensitivities of major 40tab_02.tpl. Danbury, CT 06810. The petition identifiable subgroups of consumers, requested that 40 CFR part 180 be including infants and children. C. How can I file an objection or hearing amended by establishing an exemption request? from the requirement of a tolerance for A. Overview of Pear Ester Under FFDCA section 408(g), 21 residues of ethyl-2E,4Z-decadienoate Ethyl-2E,4Z-decadienoate (pear ester) U.S.C. 346a, any person may file an (pear ester). The notice referenced a is a naturally occurring, volatile objection to any aspect of this regulation summary of the petition prepared by the substance emitted from mature, ripening and may also request a hearing on those Petitioner, which is available in the fruit, that is attractive to the codling objections. You must file your objection docket, http://www.regulations.gov. No moth (CM), Cydia pomonella, a major or request a hearing on this regulation relevant comments were received on agricultural pest of pome fruit in accordance with the instructions this notice of filing. worldwide. Male and female moths are provided in 40 CFR part 178. To ensure Section 408(c)(2)(A)(i) of FFDCA attracted to pear ester and fly to the proper receipt by EPA, you must allows EPA to establish an exemption ripening fruit, where they mate and lay identify docket ID number EPA–HQ– from the requirement of a tolerance (the their eggs. Synthetic pear ester is OPP–2011–1018 in the subject line on legal limit for a pesticide chemical structurally and functionally identical the first page of your submission. All residue in or on a food) only if EPA to the natural compound, and its objections and requests for a hearing determines that the exemption is ‘‘safe.’’ intended pesticidal use is to disrupt CM must be in writing, and must be Section 408(c)(2)(A)(ii) of FFDCA mating behavior by attracting the moths received by the Hearing Clerk on or defines ‘‘safe’’ to mean that ‘‘there is a away from the fruit, reducing their before October 28, 2013. Addresses for reasonable certainty that no harm will chances of finding mates and laying mail and hand delivery of objections result from aggregate exposure to the eggs in fruit orchards. and hearing requests are provided in 40 pesticide chemical residue, including CFR 178.25(b). all anticipated dietary exposures and all B. Biochemical Pesticide Toxicology In addition to filing an objection or other exposures for which there is Data Requirements hearing request with the Hearing Clerk reliable information.’’ This includes All applicable mammalian toxicology as described in 40 CFR part 178, please exposure through drinking water and in data requirements supporting the

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petition to exempt residues of pear ester substances that have a common VII. Other Considerations from the requirement of a tolerance in mechanism of toxicity.’’ A. Analytical Enforcement Methodology or on all food commodities have been EPA has determined pear ester to An analytical method is not required fulfilled. No toxic endpoints were have a non-toxic mode of action, and for enforcement purposes because EPA identified in studies conducted and data does not appear to produce any toxic is establishing an exemption from the obtained from open technical literature. metabolites; therefore, 408(b)(2)(D)(v) Moreover, pear ester is not likely a requirement of a tolerance without any does not apply. For information numerical limitation. mutagen or developmental toxicant. regarding EPA’s efforts to determine There are no known effects on which chemicals have a common B. International Residue Limits endocrine systems via oral, dermal, or mechanism of toxicity and to evaluate In making its tolerance decisions, EPA inhalation routes of exposure. For a the cumulative effects of such more in-depth synopses of the data seeks to harmonize U.S. tolerances with chemicals, see EPA’s Web site at http:// international standards whenever upon which EPA relied and its human www.epa.gov/pesticides/cumulative. health risk assessment based on that possible, consistent with U.S. food data can be found in the document VI. Determination of Safety for U.S. safety standards and agricultural entitled, ‘‘Federal Food, Drug, and Population, Infants and Children practices. EPA considers the Cosmetic Act (FFDCA) Considerations international maximum residue limits for Ethyl-2E,4Z-decadienoate (Pear FFDCA section 408(b)(2)(C) provides (MRLs) established by the Codex Ester),’’ available in the docket for this that, in considering the establishment of Alimentarius Commission (Codex), as action as described under ADDRESSES. a tolerance or tolerance exemption for a required by FFDCA section 408(b)(4). pesticide chemical residue, EPA shall The Codex Alimentarius is a joint IV. Aggregate Exposures assess the available information about United Nations Food and Agriculture In examining aggregate exposure, consumption patterns among infants Organization/World Health FFDCA section 408 directs EPA to and children, special susceptibility of Organization food standards program, consider available information infants and children to pesticide and it is recognized as an international concerning exposures from the pesticide chemical residues, and the cumulative food safety standards-setting residue in food and all other non- effects on infants and children of the organization in trade agreements to occupational exposures, including residues and other substances with a which the United States is a party. EPA drinking water from ground water or common mechanism of toxicity. In may establish a tolerance that is surface water and exposure through addition, FFDCA section 408(b)(2)(C) different from a Codex MRL; however, pesticide use in gardens, lawns, or provides that EPA shall apply an FFDCA section 408(b)(4) requires that buildings (residential and other indoor additional tenfold (10X) margin of safety EPA explain the reasons for departing uses). for infants and children in the case of from the Codex level. The Codex has not established a MRL A. Dietary Exposure threshold effects to account for prenatal and postnatal toxicity and the for ethyl-2E,4Z-decadienoate (pear The proposed use patterns may result completeness of the database on toxicity ester). in dietary exposure to pear ester, and exposure, unless EPA determines VIII. Conclusion although its residues are not expected to that a different margin of safety will be be any greater than that of current EPA concludes that there is a safe for infants and children. This reasonable certainty that no harm will exposure due to use of pear ester as a additional margin of safety is commonly flavoring agent. No significant exposure result to the U.S. population, including referred to as the Food Quality infants and children, from aggregate via drinking water is expected when Protection Act Safety Factor. In pear ester is used according to the exposure to residues of ethyl-2E,4Z- applying this provision, EPA either decadienoate (pear ester). EPA is product label directions. The reason for retains the default value of 10X, or uses this conclusion is that pear ester is therefore establishing an exemption a different additional or no safety factor from the requirement of a tolerance for applied at low rates, degrades rapidly, when reliable data are available to and is not directly applied to water. residues of ethyl-2E,4Z-decadienoate support a different additional or no (pear ester) in or on all food Should exposure occur, however, safety factor. As part of its qualitative minimal to no risk is expected for the commodities when applied as a codling assessment, EPA evaluated the available moth mating disruptor and used in general population, including infants toxicity and exposure data on pear ester and children, due to the low toxicity of accordance with good agricultural and considered its validity, pear ester as demonstrated in the data practices. completeness, and reliability, as well as submitted and evaluated by the Agency. the relationship of this information to IX. Statutory and Executive Order B. Other Non-Occupational Exposure human risk. EPA considers the toxicity Reviews Non-occupational exposure is not database to be complete and has This final rule establishes an expected because pear ester will be identified no residual uncertainty with exemption from the requirement of a applied as a codling moth mating regard to prenatal and postnatal toxicity tolerance under FFDCA section 408(d) disruptor for agricultural purposes only. or exposure. No hazard was identified in response to a petition submitted to based on the available studies. Based the Agency. The Office of Management V. Cumulative Effects From Substances upon its evaluation, EPA concludes that and Budget (OMB) has exempted these With a Common Mechanism of Toxicity there are no threshold effects of concern types of actions from review under Section 408(b)(2)(D)(v) of FFDCA to infants, children, or adults when pear Executive Order 12866, entitled requires that, when considering whether ester is applied as a mating disruptor of ‘‘Regulatory Planning and Review’’ (58 to establish, modify, or revoke a codling moth and used in accordance FR 51735, October 4, 1993). Because tolerance, the Agency consider with label directions and good this final rule has been exempted from ‘‘available information’’ concerning the agricultural practices. As a result, EPA review under Executive Order 12866, cumulative effects of a particular concludes that no additional margin of this final rule is not subject to Executive pesticide’s residues and ‘‘other exposure (safety) is necessary. Order 13211, entitled ‘‘Actions

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Concerning Regulations That Senate, the U.S. House of properly applied the Commission’s Significantly Affect Energy Supply, Representatives, and the Comptroller then-existing policy of not considering Distribution, or Use’’ (66 FR 28355, May General of the United States prior to compliance with the multiple 22, 2001) or Executive Order 13045, publication of the rule in the Federal ownership rule at the allotment stage. entitled ‘‘Protection of Children from Register. This action is not a ‘‘major DATES: August 28, 2013. Environmental Health Risks and Safety rule’’ as defined by 5 U.S.C. 804(2). FOR FURTHER INFORMATION CONTACT: Risks’’ (62 FR 19885, April 23, 1997). List of Subjects in 40 CFR Part 180 Andrew J. Rhodes, Media Bureau, (202) This final rule does not contain any 418–2700. information collections subject to OMB Environmental protection, SUPPLEMENTARY INFORMATION: Administrative practice and procedure, This is a approval under the Paperwork synopsis of the Commission’s Reduction Act (PRA), 44 U.S.C. 3501 et Agricultural commodities, Pesticides Memorandum Opinion and Order, MM seq., nor does it require any special and pests, Reporting and recordkeeping Docket No. 02–266, adopted July 31, considerations under Executive Order requirements. 2013, and released August 1, 2013. The 12898, entitled ‘‘Federal Actions to Dated: August 22, 2013. full text of this Commission decision is Address Environmental Justice in Steven Bradbury, available for inspection and copying Minority Populations and Low-Income Director, Office of Pesticide Programs. during normal business hours in the Populations’’ (59 FR 7629, February 16, FCC Reference Information Center 1994). Therefore, 40 CFR chapter I is Since tolerances and exemptions that amended as follows: (Room CY–A257), 445 12th Street, SW., are established on the basis of a petition Washington, DC 20554. The complete under FFDCA section 408(d), such as PART 180—[AMENDED] text of this decision may also be the exemption in this final rule, do not purchased from the Commission’s copy ■ 1. The authority citation for part 180 require the issuance of a proposed rule, contractor, Best Copy and Printing, Inc., continues to read as follows: the requirements of the Regulatory Portals II, 445 12th Street, SW., Room Flexibility Act (RFA) (5 U.S.C. 601 et Authority: 21 U.S.C. 321(q), 346a and 371. CY–B402, Washington, DC 20554, telephone 1–800–378–3160 or seq.), do not apply. ■ 2. Add § 180.1323 to subpart D to read This final rule directly regulates www.BCPIWEB.com. as follows: growers, food processors, food handlers, In the Report and Order in this and food retailers, not States or tribes, § 180.1323 Ethyl-2E,4Z-decadienoate (Pear proceeding, the Bureau granted a nor does this action alter the Ester); exemption from the requirement of Petition for Rulemaking filed by Clear relationships or distribution of power a tolerance. Channel Communications for the and responsibilities established by An exemption from the requirement reallotment, downgrade in class of Congress in the preemption provisions of a tolerance is established for residues channel, and change of community of of FFDCA section 408(n)(4). As such, of the biochemical pesticide, ethyl- license for its Station WCGX(FM) the Agency has determined that this 2E,4Z-decadienoate (pear ester), in or on (formerly WMRN–FM) from Channel action will not have a substantial direct all food commodities, when used in 295B at Marion, Ohio to Channel 294B1 effect on States or tribal governments, accordance with label directions and at Dublin, Ohio, over the objection of on the relationship between the national good agricultural practices. the Committee. See 70 FR 19337 (April government and the States or tribal 13, 2005). The Committee had argued [FR Doc. 2013–21019 Filed 8–27–13; 8:45 am] that the reallotment to Dublin could not governments, or on the distribution of BILLING CODE 6560–50–P power and responsibilities among the be implemented because it would various levels of government or between violate the local radio ownership rule. the Federal Government and Indian However, the Report and Order rejected FEDERAL COMMUNICATIONS tribes. Thus, the Agency has determined this argument, explaining that multiple COMMISSION that Executive Order 13132, entitled ownership issues are not considered in FM allotment proceedings. The ‘‘Federalism’’ (64 FR 43255, August 10, 47 CFR Part 73 1999) and Executive Order 13175, Committee sought reconsideration on entitled ‘‘Consultation and Coordination [FCC 13–105; MB Docket No. 02–266; RM– the same ground, and the Bureau denied with Indian Tribal Governments’’ (65 FR 10557] the petition in the Memorandum Opinion and Order. See 71 FR 40927 67249, November 9, 2000) do not apply Radio Broadcasting Services; to this final rule. In addition, this final (July 19, 2006). Chillicothe, Dublin, Hillsboro, and On review, the Commission finds rule does not impose any enforceable Marion, Ohio duty or contain any unfunded mandate that, contrary to the Committee’s as described under Title II of the AGENCY: Federal Communications contention, the Bureau did not err in Unfunded Mandates Reform Act of 1995 Commission. deferring the issue of compliance with (UMRA) (2 U.S.C. 1501 et seq.). ACTION: Final rule; application for the multiple ownership rule until an This action does not involve any review. implementing application was filed technical standards that would require because such an approach is consistent Agency consideration of voluntary SUMMARY: This document denies an with then-existing policy. Additionally, consensus standards pursuant to section Application for Review filed by the the Commission concludes that the 12(d) of the National Technology Committee for Competitive Columbus Bureau did not err in referring to Station Transfer and Advancement Act of 1995 Radio (‘‘Committee’’) of a Memorandum WCGX(FM) as formerly licensed to (NTTAA) (15 U.S.C. 272 note). Opinion and Order in this proceeding, Marion because the Report and Order which denied the Committee’s Petition did modify the Station WCGX(FM) X. Congressional Review Act for Reconsideration of an earlier Bureau license to specify Dublin. However, that Pursuant to the Congressional Review action, granting the reallotment, class modification had no immediate impact Act (5 U.S.C. 801 et seq.), EPA will downgrade, and change of community on competition in the Columbus radio submit a report containing this rule and of license of an Ohio FM station. The market as Clear Channel was required to other required information to the U.S. document finds that the Bureau file an implementing application and

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demonstrate compliance with the SUPPLEMENTARY INFORMATION: The By the Board, Chairman Elliott, Vice multiple ownership rule, which Clear Board’s regulations at 49 CFR 1002.3 Chairman Begeman, and Commissioner Channel did. This document is not provide for an annual update of the Mulvey. subject to the Congressional Review Act. Board’s entire user-fee schedule. Fees Derrick A. Gardner, (The Commission, is, therefore, not are generally revised based on the cost Clearance Clerk. required to submit a copy of this study formula set forth at 49 CFR Memorandum Opinion and Order to 1002.3(d). The fee changes adopted here For the reasons set forth in the GAO, pursuant to the Congressional reflect a combination of the unchanged preamble, title 49, chapter X, part 1002, Review Act, see 5 U.S.C. 801(a)(1)(A) salary costs from the 2012 User Fee of the Code of Federal Regulations is because the Application for Review was Update decision; no change in the amended as follows: denied.) publication cost levels of that decision; Federal Communications Commission. plus increase changes to two of the three PART 1002—FEES Marlene H. Dortch, Board overhead cost factors (the other ■ Secretary. overhead factor remains unchanged 1. The authority citation for part 1002 from its 2012 level), resulting from the [FR Doc. 2013–21031 Filed 8–27–13; 8:45 am] continues to read as follows: mechanical application of the update BILLING CODE 6712–01–P Authority: 5 U.S.C. 552(a)(4)(A) and 553; formula in 49 CFR 1002.3(d). Results 31 U.S.C. 9701 and 49 U.S.C. 721(a). from the formula application indicate that justified fee amounts in this 2013 ■ 2. Amend § 1002.1 by revising DEPARTMENT OF TRANSPORTATION update decision either remain paragraphs (a) and (e) to read as follows: Surface Transportation Board unchanged (50 fees) or increase (75 fees) from their respective 2012 update § 1002.1 Fees for record search, review, copying, certification, and related service. 49 CFR Part 1002 levels. No new fee items are proposed in this proceeding. Therefore, the Board * * * * * [Docket No. EP 542 (Sub-No. 21)] finds that notice and comment are (a) Certificate of the Records Officer, unnecessary for this proceeding. See Regulations Governing Fees for $18.00. Regulations Governing Fees For Services Performed in Connection Services—1990 Update, 7 I.C.C.2d 3 * * * * * With Licensing and Related Services— (1990); Regulations Governing Fees For (e) Fees for courier services to 2013 Update Services—1991 Update, 8 I.C.C.2d 13 transport agency records to provide on- AGENCY: Surface Transportation Board, (1991); and Regulations Governing Fees site access to agency records stored off- DOT. For Services—1993 Update, 9 I.C.C.2d site will be set at the rates set forth in ACTION: Final rule. 855 (1993). the Board’s agreement with its courier Additional information is contained service provider. Rate information can SUMMARY: The Board updates for 2013 in the Board’s decision. To obtain a free be obtained from the Board’s Records the fees that the public must pay to file copy of the full decision, visit the Officer, Room 1200, Surface certain cases and pleadings with the Board’s Web site at http:// Transportation Board, Washington, DC Board. The update will increase 28 fees www.stb.dot.gov or call the Board’s 20423–0001. by $100 or less, increase 47 fees by more Information Officer at (202) 245–0245. than $100, and keep the remaining 50 [Assistance for the hearing impaired is * * * * * fees at their existing level. available through Federal Information ■ 3. In § 1002.2, paragraph (f) is revised DATES: These rules are effective Relay Services (FIRS): (800) 877–8339.] to read as follows: September 27, 2013. List of Subjects in 49 CFR Part 1002 FOR FURTHER INFORMATION CONTACT: § 1002.2 Filing fees. David T. Groves, (202) 245–0327, or Administrative practice and * * * * * procedure, Common carriers, and Barbara Saddler (202) 245–0362. [TDD (f) Schedule of filing fees. for the hearing impaired: 1–800–877– Freedom of information. 8339.] Decided: August 22, 2013.

Type of proceeding Fee

PART I: Non-Rail Applications or Proceedings to Enter Upon a Particular Financial Transaction or Joint Arrangement: (1) An application for the pooling or division of traffic ...... $4,700. (2)(i) An application involving the purchase, lease, consolidation, merger, or acquisition of control of a motor carrier $2,100. of passengers under 49 U.S.C. 14303. (ii) A petition for exemption under 49 U.S.C. 13541 (other than a rulemaking) filed by a non-rail carrier not oth- $3,400. erwise covered. (iii) A petition to revoke an exemption filed under 49 U.S.C. 13541(d) ...... $2,800. (3) An application for approval of a non-rail rate association agreement. 49 U.S.C. 13703 ...... $29,600. (4) An application for approval of an amendment to a non-rail rate association agreement: (i) Significant amendment ...... $4,900. (ii) Minor amendment ...... $100. (5) An application for temporary authority to operate a motor carrier of passengers. 49 U.S.C. 14303(i) ...... $500. (6) A notice of exemption for transaction within a motor passenger corporate family that does not result in adverse $1,800. changes in service levels, significant operational changes, or a change in the competitive balance with motor pas- senger carriers outside the corporate family. (7)–(10) [Reserved] PART II: Rail Licensing Proceedings other than Abandonment or Discontinuance Proceedings: (11)(i) An application for a certificate authorizing the extension, acquisition, or operation of lines of railroad. 49 $7,800. U.S.C. 10901.

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Type of proceeding Fee

(ii) Notice of exemption under 49 CFR 1150.31–1150.35 ...... $1,900. (iii) Petition for exemption under 49 U.S.C. 10502 ...... $13,400. (12)(i) An application involving the construction of a rail line ...... $80,000. (ii) A notice of exemption involving construction of a rail line under 49 CFR 1150.36 ...... $1,900. (iii) A petition for exemption under 49 U.S.C. 10502 involving construction of a rail line ...... $80,000. (iv) A request for determination of a dispute involving a rail construction that crosses the line of another carrier $250. under 49 U.S.C. 10902(d). (13) A Feeder Line Development Program application filed under 49 U.S.C. 10907(b)(1)(A)(i) or 10907(b)(1)(A)(ii) ... $2,600. (14)(i) An application of a class II or class III carrier to acquire an extended or additional rail line under 49 U.S.C. $6,600. 10902. (ii) Notice of exemption under 49 CFR 1150.41–1150.45 ...... $1,900. (iii) Petition for exemption under 49 U.S.C. 10502 relating to an exemption from the provisions of 49 U.S.C. $7,100. 10902. (15) A notice of a modified certificate of public convenience and necessity under 49 CFR 1150.21–1150.24 ...... $1,800. (16) An application for a land-use-exemption permit for a facility existing as of October 16, 2008 under 49 U.S.C. $6,400. 10909. (17) An application for a land-use-exemption permit for a facility not existing as of October 16, 2008 under 49 $22,700. U.S.C. 10909. (18)–(20) [Reserved] PART III: Rail Abandonment or Discontinuance of Transportation Services Proceedings: (21)(i) An application for authority to abandon all or a portion of a line of railroad or discontinue operation thereof $23,700. filed by a railroad (except applications filed by Consolidated Rail Corporation pursuant to the Northeast Rail Serv- ice Act [Subtitle E of Title XI of Pub. L. 97–35], bankrupt railroads, or exempt abandonments). (ii) Notice of an exempt abandonment or discontinuance under 49 CFR 1152.50 ...... $3,900. (iii) A petition for exemption under 49 U.S.C. 10502 ...... $6,700. (22) An application for authority to abandon all or a portion of a line of a railroad or operation thereof filed by Con- $500. solidated Rail Corporation pursuant to Northeast Rail Service Act. (23) Abandonments filed by bankrupt railroads ...... $2,000. (24) A request for waiver of filing requirements for abandonment application proceedings ...... $1,900. (25) An offer of financial assistance under 49 U.S.C. 10904 relating to the purchase of or subsidy for a rail line pro- $1,600. posed for abandonment. (26) A request to set terms and conditions for the sale of or subsidy for a rail line proposed to be abandoned ...... $24,300. (27)(i) A request for a trail use condition in an abandonment proceeding under 16 U.S.C.1247(d) ...... $250. (ii) A request to extend the period to negotiate a trail use agreement ...... $450. (28)–(35) [Reserved] PART IV: Rail Applications to Enter Upon a Particular Financial Transaction or Joint Arrangement: (36) An application for use of terminal facilities or other applications under 49 U.S.C. 11102 ...... $20,300. (37) An application for the pooling or division of traffic. 49 U.S.C. 11322 ...... $10,900. (38) An application for two or more carriers to consolidate or merge their properties or franchises (or a part thereof) into one corporation for ownership, management, and operation of the properties previously in separate owner- ship. 49 U.S.C. 11324: (i) Major transaction ...... $1,599,600. (ii) Significant transaction ...... $319,900. (iii) Minor transaction ...... $7,900. (iv) Notice of an exempt transaction under 49 CFR 1180.2(d) ...... $1,800. (v) Responsive application ...... $7,900. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $10,000. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as defined at 49 $5,900. CFR 1180.2(a). (39) An application of a non-carrier to acquire control of two or more carriers through ownership of stock or other- wise. 49 U.S.C. 11324: (i) Major transaction ...... $1,599,600. (ii) Significant transaction ...... $319,900. (iii) Minor transaction ...... $7,900. (iv) A notice of an exempt transaction under 49 CFR 1180.2(d) ...... $1,400. (v) Responsive application ...... $7,900. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $10,000. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as defined at 49 $5,900. CFR 1180.2(a). (40) An application to acquire trackage rights over, joint ownership in, or joint use of any railroad lines owned and operated by any other carrier and terminals incidental thereto. 49 U.S.C. 11324: (i) Major transaction ...... $1,599,600. (ii) Significant transaction ...... $319,900. (iii) Minor transaction ...... $7,900. (iv) Notice of an exempt transaction under 49 CFR 1180.2(d) ...... $1,200. (v) Responsive application ...... $7,900. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $10,000. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as defined at 49 $5,900. CFR 1180.2(a). (41) An application of a carrier or carriers to purchase, lease, or contract to operate the properties of another, or to acquire control of another by purchase of stock or otherwise. 49 U.S.C. 11324: (i) Major transaction ...... $1,599,600. (ii) Significant transaction ...... $319,900. (iii) Minor transaction ...... $7,900.

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Type of proceeding Fee

(iv) Notice of an exempt transaction under 49 CFR 1180.2(d) ...... $1,400. (v) Responsive application ...... $7,900. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $7,100. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as defined at 49 $5,900. CFR 1180.2(a). (42) Notice of a joint project involving relocation of a rail line under 49 CFR 1180.2(d)(5) ...... $2,500. (43) An application for approval of a rail rate association agreement. 49 U.S.C. 10706 ...... $74,900. (44) An application for approval of an amendment to a rail rate association agreement. 49 U.S.C. 10706: (i) Significant amendment ...... $13,800. (ii) Minor amendment ...... $100. (45) An application for authority to hold a position as officer or director under 49 U.S.C. 11328 ...... $850. (46) A petition for exemption under 49 U.S.C. 10502 (other than a rulemaking) filed by rail carrier not otherwise cov- $8,500. ered. (47) National Railroad Passenger Corporation (Amtrak) conveyance proceeding under 45 U.S.C. 562 ...... $250. (48) National Railroad Passenger Corporation (Amtrak) compensation proceeding under Section 402(a) of the Rail $250. Passenger Service Act. (49)–(55) [Reserved] PART V: Formal Proceedings: (56) A formal complaint alleging unlawful rates or practices of carriers: (i) A formal complaint filed under the coal rate guidelines (Stand-Alone Cost Methodology) alleging unlawful $350. rates and/or practices of rail carriers under 49 U.S.C. 10704(c)(1). (ii) A formal complaint involving rail maximum rates filed under the Simplified-SAC methodology ...... $350. (iii) A formal complaint involving rail maximum rates filed under the Three Benchmark methodology ...... $150. (iv) All other formal complaints (except competitive access complaints) ...... $350. (v) Competitive access complaints ...... $150. (vi) A request for an order compelling a rail carrier to establish a common carrier rate ...... $250. (57) A complaint seeking or a petition requesting institution of an investigation seeking the prescription or division of $9,500. joint rates or charges. 49 U.S.C. 10705. (58) A petition for declaratory order: (i) A petition for declaratory order involving a dispute over an existing rate or practice which is comparable to a $1,000. complaint proceeding. (ii) All other petitions for declaratory order ...... $1,400. (59) An application for shipper antitrust immunity. 49 U.S.C. 10706(a)(5)(A) ...... $7,500. (60) Labor arbitration proceedings ...... $250. (61)(i) An appeal of a Surface Transportation Board decision on the merits or petition to revoke an exemption pur- $250. suant to 49 U.S.C. 10502(d). (ii) An appeal of a Surface Transportation Board decision on procedural matters except discovery rulings ...... $400. (62) Motor carrier undercharge proceedings ...... $250. (63)(i) Expedited relief for service inadequacies: A request for expedited relief under 49 U.S.C. 11123 and 49 CFR $250. part 1146 for service emergency. (ii) Expedited relief for service inadequacies: A request for temporary relief under 49 U.S.C. 10705 and 11102, $250. and 49 CFR part 1147 for service inadequacy. (64) A request for waiver or clarification of regulations except one filed in an abandonment or discontinuance pro- $600. ceeding, or in a major financial proceeding as defined at 49 CFR 1180.2(a). (65)–(75) [Reserved] PART VI: Informal Proceedings: (76) An application for authority to establish released value rates or ratings for motor carriers and freight forwarders $1,300. of household goods under 49 U.S.C. 14706. (77) An application for special permission for short notice or the waiver of other tariff publishing requirements ...... $100. (78) The filing of tariffs, including supplements, or contract summaries ...... $1 per page, ($26 min. charge). (79) Special docket applications from rail and water carriers: (i) Applications involving $25,000 or less ...... $75. (ii) Applications involving over $25,000 ...... $150. (80) Informal complaint about rail rate applications ...... $650. (81) Tariff reconciliation petitions from motor common carriers: (i) Petitions involving $25,000 or less ...... $75. (ii) Petitions involving over $25,000 ...... $150. (82) Request for a determination of the applicability or reasonableness of motor carrier rates under 49 U.S.C. $250. 13710(a)(2) and (3). (83) Filing of documents for recordation. 49 U.S.C. 11301 and 49 CFR 1177.3(c) ...... $44 per document. (84) Informal opinions about rate applications (all modes) ...... $250. (85) A railroad accounting interpretation ...... $1,200. (86)(i) A request for an informal opinion not otherwise covered ...... $1,600. (ii) A proposal to use on a voting trust agreement pursuant to 49 CFR 1013 and 49 CFR 1180.4(b)(4)(iv) in $5,500. connection with a major control proceeding as defined at 49 CFR 1180.2(a). (iii) A request for an informal opinion on a voting trust agreement pursuant to 49 CFR 1013.3(a) not otherwise $550. covered. (87) Arbitration of Certain Disputes Subject to the Statutory Jurisdiction of the Surface Transportation Board under 49 CFR 1108: (i) Complaint ...... $75. (ii) Answer (per defendant), Unless Declining to Submit to Any Arbitration ...... $75. (iii) Third Party Complaint ...... $75. (iv) Third Party Answer (per defendant), Unless Declining to Submit to Any Arbitration ...... $75.

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Type of proceeding Fee

(v) Appeals of Arbitration Decisions or Petitions to Modify or Vacate an Arbitration Award ...... $150. (88) Basic fee for STB adjudicatory services not otherwise covered ...... $250. (89)–(95) [Reserved] PART VII: Services: (96) Messenger delivery of decision to a railroad carrier’s Washington, DC, agent ...... $34 per delivery. (97) Request for service or pleading list for proceedings ...... $26 per list. (98) Processing the paperwork related to a request for the Carload Waybill Sample to be used in a Surface Trans- portation Board or State proceeding that: (i) Does not require a Federal Register notice: (a) Set cost portion ...... $150. (b) Sliding cost portion ...... $50 per party. (ii) Does require a Federal Register notice: (a) Set cost portion ...... $400. (b) Sliding cost portion ...... $50 per party. (99)(i) Application fee for the Surface Transportation Board’s Practitioners’ Exam ...... $200. (ii) Practitioners’ Exam Information Package ...... $25. (100) Carload Waybill Sample data: (i) Requests for Public Use File for all years prior to the most current year Carload Waybill Sample data avail- $250 per year. able, provided on CD–R. (ii) Specialized programming for Waybill requests to the Board ...... $112 per hour.

* * * * * provide that the economic analysis be habitat designations, as directed by the [FR Doc. 2013–20999 Filed 8–27–13; 8:45 am] completed and made available for President’s February 28, 2012, BILLING CODE 4915–01–P public comment at the time of memorandum (Memorandum for the publication of a proposed rule to Secretary of the Interior, Proposed designate critical habitat. Revised Habitat for the Spotted Owl: DEPARTMENT OF THE INTERIOR DATES: This final rule is effective on Minimizing Regulatory Burdens, 77 FR October 30, 2013. 12985 (March 5, 2012)). 77 FR 51503 Fish and Wildlife Service (Aug. 24, 2012). The President’s ADDRESSES: This final rule is available February 28, 2012, memorandum DEPARTMENT OF COMMERCE on the Internet at http:// directed the Secretary of the Interior to www.regulations.gov. Comments and revise the regulations implementing the National Oceanic and Atmospheric materials received, as well as supporting Endangered Species Act to provide that Administration documentation used in preparing this a draft economic analysis be completed final regulation, are available for public and made available for public comment 50 CFR Part 424 inspection, by appointment, during at the time of publication of a proposed normal business hours, at U.S. Fish and [Docket No. FWS–R9–ES–2011–0073; rule to designate critical habitat. Both Wildlife Service, Division of transparency and public comment will Docket No. 120606146–3505–01; Conservation and Classification, 4401 N 4500030114] be improved if the public has access to Fairfax Drive, Suite 420, Arlington, VA both the scientific analysis and the draft RIN 1018–AY62; 0648–BC24 22203, telephone 703/358–2171; economic analysis at the same time. We facsimile 703/358–1735. are now issuing a final rule to achieve Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: these goals. Because the Act and its and Plants; Revisions to the Douglas Krofta, Chief, Endangered implementing regulations are jointly Regulations for Impact Analyses of Species Branch of Listing, U.S. Fish and administered by the Departments of the Critical Habitat Wildlife Service, Division of Interior and Commerce, the rule has AGENCY: Fish and Wildlife Service, Conservation and Classification, 4401 N. been developed jointly. This final rule Interior; National Marine Fisheries Fairfax Drive, Suite 420, Arlington, VA also addresses several court decisions Service (NMFS), National Oceanic and 22203, telephone 703/358–2171; and is informed by conclusions from a Atmospheric Administration (NOAA), facsimile 703/358–1735; or Marta 2008 legal opinion by the Solicitor of Commerce. Nammack, National Marine Fisheries the Department of the Interior. Service, Office of Protected Resources, ACTION: Final rule. Specifically, we revise 50 CFR 424.19 to 1315 East-West Highway, Silver Spring, clarify the instructions for making SUMMARY: We, the U.S. Fish and MD 20910, telephone 301/427–8469; information available to the public, Wildlife Service (FWS) and the National facsimile 301/713–0376. If you use a considering the impacts of critical Marine Fisheries Service (NMFS) telecommunications device for the deaf habitat designations, and considering (collectively referred to as the (TDD), call the Federal Information exclusions from critical habitat. Except ‘‘Services’’ or ‘‘we’’), are finalizing a Relay Service (FIRS) at 800–877–8339. for the revision to the timing of making revision to our regulations pertaining to SUPPLEMENTARY INFORMATION: draft economic analyses available to the impact analyses conducted for public, these revisions will not change designations of critical habitat under the Executive Summary how we implement the Act; rather, the Endangered Species Act of 1973, as Why we need to publish a rule. On revisions serve to codify the current amended (the Act). This regulation is August 24, 2012, we published a practices of the agencies. This final rule being finalized as directed by the proposed rule in the Federal Register to is consistent with Executive Order President’s February 28, 2012, revise our regulations to provide the 13563, and in particular with the memorandum, which directed us to take public earlier access to the draft requirement of retrospective analysis of prompt steps to revise our regulations to economic analysis supporting critical existing rules, designed ‘‘to make the

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agency’s regulatory program more of listed species, and to achieve the or adversely modify critical habitat. effective or less burdensome in purposes of certain treaties and This benefit should be especially achieving the regulatory objectives.’’ conventions. Moreover, the Act states valuable when, for example, species This rule makes the following that it is the policy of Congress that the presence or habitats are ephemeral in changes: Federal Government will seek to nature, species presence is difficult to (1) We changed the title of section conserve threatened and endangered establish through surveys (e.g., when a 424.19 from ‘‘Final Rules—impact species, and use its authorities in species such as a plant’s ‘‘presence’’ analysis of critical habitat’’ to ‘‘Impact furtherance of the purposes of the Act. may be limited to a seed bank), or analysis and exclusions from critical In passing the Act, Congress viewed protection of unoccupied habitat is habitat.’’ We removed the reference to habitat loss as a significant factor essential for the conservation of the ‘‘[f]inal rules’’ to allow this section to contributing to species endangerment. species. apply to both proposed and final critical Habitat destruction and degradation The Secretaries of the Interior and habitat rules. We added the term have been a contributing factor causing Commerce (the ‘‘Secretaries’’) share ‘‘exclusions’’ in the title to more fully the decline of a majority of species responsibilities for implementing most describe that this section addresses both listed as threatened or endangered of the provisions of the Act. Generally, impact analyses and how they inform under the Act (Wilcove et al. 1998). The marine and anadromous species are the exclusion process under section present or threatened destruction, under the jurisdiction of the Secretary of 4(b)(2) of the Act for critical habitat. modification, or curtailment of a Commerce and all other species are (2) We divided section 424.19 into species’ habitat or range is included in under the jurisdiction of the Secretary of three paragraphs. The division into the Act as one of the factors on which the Interior, though jurisdiction is three paragraphs closely tracks the to base a determination that a species shared between the two departments for requirements of the Act under section may be a threatened or an endangered some species, such as sea turtles and 4(b)(2) and provides for a clearly species. One of the tools provided by Atlantic salmon. Authority to defined process for consideration of the Act to conserve species is administer the Act has been delegated exclusions as required under the Act. designation of critical habitat. by the Secretary of the Interior to the (3) Paragraph (a) implements the Critical habitat represents the habitat Director of the FWS and by the direction of the President’s February 28, essential for the species’ recovery. Once Secretary of Commerce to the Assistant 2012, memorandum by stating that, at designated, critical habitat provides for Administrator for Fisheries of the the time of proposing a designation of the conservation of listed species in National Oceanic and Atmospheric critical habitat, the Secretary will make several ways. Specifying the geographic Administration. available for public comment the draft location of critical habitat facilitates This final rule addresses two economic analysis of the designation. implementation of section 7(a)(1) of the developments related to 50 CFR 424.19. As it was proposed, paragraph (a) Act by identifying areas where Federal First, the Solicitor of the Department of included a third sentence, relating to agencies can focus their conservation the Interior issued a legal opinion on section 4(b)(8) of the Act, which would programs and use their authorities to October 3, 2008, regarding the Secretary have been carried over from the existing further the purposes of the Act. of the Interior’s authority to exclude regulations with modifications. This Designating critical habitat also helps areas from critical habitat designation sentence is not being implemented in focus the efforts of other conservation under section 4(b)(2) of the Act (M– this final rule to sharpen this partners, such as State and local 37016, ‘‘The Secretary’s Authority to regulation’s focus on implementing governments, nongovernmental Exclude Areas from a Critical Habitat section 4(b)(2) of the Act and to ensure organizations, and individuals. Designation under Section 4(b)(2) of the consistency with other sections of part Furthermore, when designation of Endangered Species Act’’ (Oct. 3, 2008)) 424. Please see the discussion in the critical habitat occurs near the time of (DOI 2008). The Solicitor concluded, ‘‘Rationale for Revised Paragraph (a),’’ listing, it provides early conservation among other things, that, while the Act below. planning guidance to bridge the gap requires the Secretary to consider the (4) Paragraph (b) implements the first until the Services can complete more economic impact, the impact on sentence of section 4(b)(2) of the Act, thorough recovery planning. national security, and any other relevant which directs the Secretary to consider In addition to serving as a notification impact, the decision whether to make the economic impact, the impact on tool, the designation of critical habitat exclusions under section 4(b)(2) of the national security, and any other relevant also provides a significant regulatory Act is at the discretion of the Secretary; impact of specifying any particular area protection—the requirement that that the Secretary has wide discretion as critical habitat. This paragraph states Federal agencies consult with the when weighing the benefits of exclusion that the impact analysis should focus on Services under section 7(a)(2) of the Act against the benefits of inclusion; and the incremental effects resulting from to ensure that their actions are not likely that it is appropriate for the Secretary to the designation of critical habitat. to destroy or adversely modify critical consider impacts of a critical habitat (5) Paragraph (c) implements the habitat. The Federal Government, designation on an incremental basis. second sentence of section 4(b)(2) of the through its role in water management, These conclusions have been confirmed Act, which allows the Secretary to flood control, regulation of resource- by judicial decision. See Building exclude areas from the final critical extraction and other industries, Federal Industry Ass’n of the Bay Area v. U.S. habitat designation under certain land management, and funding, Dep’t of Commerce, 2012 U.S. Dist. circumstances. authorization, or conduct of myriad Lexis 170688 (N.D. Cal. Nov. 30, 2012). other activities, may propose actions Second, the President’s February 28, Background that are likely to affect critical habitat. 2012, memorandum directed the The purposes of the Endangered The designation of critical habitat Secretary of the Interior to revise the Species Act of 1973, as amended (16 ensures that the Federal Government implementing regulations of the Act to U.S.C. 1531 et seq.) (Act), are to provide considers the effects of its actions on provide that an analysis of the economic a means to conserve the ecosystems habitat important to species’ impacts of a proposed critical habitat upon which listed species depend, to conservation and avoids or modifies designation be completed by the develop a program for the conservation those actions that are likely to destroy Services and made available to the

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public at the time of publication of a impact, of specifying any particular area which read, ‘‘Final rules—impact proposed rule to designate critical as critical habitat.’’ This evaluation is analysis of critical habitat’’ to ‘‘Impact habitat. The memo stated: ‘‘Uncertainty referred to as the ‘‘impact analysis.’’ analysis and exclusions from critical on the part of the public may be Under the second sentence of section habitat.’’ The reference to ‘‘[f]inal rules’’ avoided, and public comment 4(b)(2) of the Act, the Secretary (via was deleted to allow for the application improved, by simultaneous presentation delegated authority to the Services) of this section to both proposed and of the best scientific data available and proceeds to a process of considering final critical habitat rules. We added the the analysis of economic and other whether to exclude an area from critical term ‘‘exclusions’’ to the title to more impacts.’’ The Services have based this habitat after identifying and weighing fully describe that this section addresses final rule on the reasoning and the benefits of inclusion and exclusion. both impact analyses and how they conclusions of the Solicitor’s opinion This process is referred to as the inform the exclusion process under and the President’s February 28, 2012, ‘‘discretionary 4(b)(2) exclusion section 4(b)(2) of the Act for critical memorandum. analysis.’’ habitat. Based on public comment and for In the following text, we frequently Discussion of the Revisions to 50 CFR clarity, in this final rule, we have refer to the previous regulatory language 424.19 changed the reference to the analysis at 50 CFR 424.19 and then give detailed This final rule revises 50 CFR 424.19 under the second sentence of 4(b)(2) of information about how we revised that to clarify the instructions for making the Act from ‘‘optional weighing of language. For your convenience, we set information available to the public, benefits’’ to ‘‘discretionary 4(b)(2) out the previous text of section 424.19 considering the impacts of critical exclusion analysis.’’ here: An economic analysis is a tool that habitat designations, and considering The Secretary shall identify any significant exclusions from critical habitat. informs both the required impact activities that would either affect an area In making the specific changes to the analysis and the discretionary 4(b)(2) considered for designation as critical habitat regulations that follow, and setting out exclusion analysis. Additionally, the or be likely to be affected by the designation, the accompanying clarifying discussion draft economic analysis informs the and shall, after proposing designation of such in this preamble, the Services are determinations established under other an area, consider the probable economic and establishing prospective standards only. statutes, regulations, Executive Orders, other impacts of the designation upon Nothing in this final rule to revise the or directives that apply to rulemakings proposed or ongoing activities. The Secretary generally, including critical habitat may exclude any portion of such an area regulations is intended to require that from the critical habitat if the benefits of such any previously completed critical designations. However, the draft exclusion outweigh the benefits of specifying habitat designation be reevaluated on economic analysis addresses only the the area as part of the critical habitat. The this basis. Furthermore, we will consideration of the potential economic Secretary shall not exclude any such area if, implement the requirements of this impact of the designation of critical based on the best scientific and commercial regulation following the effective date. habitat. data available, he determines that the failure For proposed critical habitat An ‘‘incremental analysis’’ is a to designate that area as critical habitat will method of determining the probable result in the extinction of the species designations published prior to the concerned. effective date of this final regulation, the impacts of the designation; it seeks to Services will continue to follow their identify and focus solely on the impacts Rationale for the Revised Paragraph (a) current practices. over and above those resulting from existing protections. This method We divided the previous section Statutory Authority applies to the impact analysis, 424.19 into three paragraphs. The two The regulatory changes described discretionary 4(b)(2) exclusion analysis, sentences of paragraph (a) are new and below derive from sections 4(b)(2) of the and economic analysis. have been added to comply with the Presidential memorandum. They read: Act. For the convenience of the reader, Relationship of the Key Phrases we are reprinting section 4(b)(2) of the At the time of publication of a proposed Act here: The purpose of the impact analysis is rule to designate critical habitat, the to inform the Secretaries’ decision about Secretary will make available for public (2) The Secretary shall designate critical whether to engage in the discretionary comment the draft economic analysis of the habitat, and make revisions thereto, under exclusion analysis under the second designation. The draft economic analysis will subsection (a)(3) on the basis of the best be summarized in the Federal Register notice scientific data available and after taking into sentence of section 4(b)(2) of the Act. Information that is used in the impact of the proposed designation of critical consideration the economic impact, the habitat. impact on national security, and any other analysis can come from a variety of relevant impact, of specifying any particular sources, one of which is the draft The President’s February 28, 2012 area as critical habitat. The Secretary may economic analysis of the proposed memorandum directed the Secretary of exclude any area from critical habitat if he designation of critical habitat. The the Interior to take ‘prompt steps’ to determines that the benefits of such Secretaries must consider the probable revise the regulations. The first sentence exclusion outweigh the benefits of specifying economic, national security, and other of the revised regulations will comply such area as part of the critical habitat, unless relevant impacts of the designation of with the President’s direction. The he determines, based on the best scientific second sentence specifies that a and commercial data available, that the critical habitat. This comparison is done failure to designate such area as critical through the method of an incremental summary of the draft economic analysis habitat will result in the extinction of the analysis of economic, national security, is to be published in the Federal species concerned. and other relevant impacts. The Register notice of the proposed incremental-analysis methodology designation of critical habitat. The draft Definition of Key Phrases compares conditions with and without economic analysis itself is to be made Under the first sentence of section the designation of critical habitat. available on http://www.regulations.gov 4(b)(2) of the Act, the Services are along with the proposed designation of required to take ‘‘into consideration the Revisions to 50 CFR 424.19 critical habitat or on other Web sites as economic impact, the impact on We changed the title of this section deemed appropriate by the Services. It national security, and any other relevant from that of the previous regulation, is this summary of the draft economic

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analysis that will constitute the between the designation and particular to exclude areas under section 4(b)(2) of Services’ consideration of the economic types of activities, Federal agencies the Act, if the Secretary decides to impact, as required under the first must determine whether their engage in that discretionary analysis. sentence of section 4(b)(2) of the Act, of individual proposed actions trigger the Also in paragraph (b), we retained the proposed designation of critical requirement for section 7 consultations. from previous section 424.19 the habitat for a species. And if an agency does consult on an phrases ‘‘probable’’ and ‘‘upon proposed As set out in the proposed rule, action, the Services will make an or ongoing activities.’’ These phrases paragraph (a) included a third sentence adverse modification determination by provide guidance that the Services which would have carried over the first applying the standards of section 7 to should not consider improbable or half of the first sentence of the previous the facts of the action at issue, rather speculative impacts. However, the section 424.19, with modifications. As a than by looking to the general Services do not intend that the term result of public comment and review of statements made in compliance with ‘‘probable’’ requires a showing of the provisions for proposed and final section 4(b)(8) of the Act in the statistical probability or any specific rules at 50 CFR 424.16(b) (Proposed preamble to the critical habitat numeric likelihood. Moreover, the rules) and 424.18(a)(2) (Final rules— designation. ‘‘activities’’ at issue are only those that general), respectively, we have removed would require consultation under the proposed third sentence from this Rationale for the Revised Paragraph (b) section 7 of the Act. See DOI 2008 at final regulation. Paragraph (b) implements the first 10–12. Although impact analyses are Sections 424.16(b) and 424.18(a)(2) sentence of section 4(b)(2) of the Act based on the best scientific data govern the contents of Federal Register (‘‘The Secretary shall designate critical available, any predictions of future notices for proposed and final rules, habitat . . . after taking into impacts are inherently uncertain and respectively. Each states that the rule consideration the economic impact, the subject to change. Thus, the Services will, to the maximum extent practicable, impact on national security, and any should consider the likely general ‘‘include a brief description and other relevant impact, of specifying any impact of the designation and not make evaluation of those activities (whether particular area as critical habitat.’’). The specific predictions of the outcome of public or private) that . . . may first sentence of new section 424.19(b) particular section 7 consultations that adversely modify such habitat or [may] carries over the second half of the first have not in fact been completed. be affected by such designation.’’ (The sentence of the previous section 424.19, We added the phrase ‘‘national edited language varies slightly between with modifications, and thus repeats the security’’ to reflect statutory the two provisions.) This language basic statutory requirement. We amendments to section 4(b)(2) of the Act implements section 4(b)(8) of the Act. replaced ‘‘after proposing designation of (National Defense Authorization Act for The third sentence of the proposed rule such an area’’ with ‘‘[p]rior to finalizing Fiscal Year 2004, Pub. L. 108–136). was similar. In this final rule, we are the designation of critical habitat’’ to Also, we added the word ‘‘relevant’’ to deleting that sentence because it is expressly provide for more flexibility in the other impacts that the Services must redundant with the language in sections the timing of the consideration. Thus consider to more closely track the 424.16(b) and 424.18(a)(2). Compliance the first sentence of paragraph (b) reads: statutory language. with section 4(b)(8) of the Act fits more The first sentence of paragraph (b) logically in those provisions, as they Prior to finalizing the designation of critical habitat, the Secretary will consider uses the term ‘‘consider,’’ which reflects address the contents of Federal Register the statutory term ‘‘consideration’’ in notices, which is the subject of section the probable economic, national security, and other relevant impacts of the designation section 4(b)(2) of the Act. This final 4(b)(8) of the Act. This change also has upon proposed or ongoing activities. regulation does not further define this the benefit of simplifying section 424.19 The statute itself requires only that term. However, we agree with the so that it addresses only one statutory Solicitor’s 2008 Opinion that, in the provision (section 4(b)(2) of the Act), the consideration occur—it does not specify when in the rulemaking process context of section 4(b)(2) of the Act, to rather than two different provisions. ‘‘consider’’ impacts the Services must Although the language in sections it must occur. Furthermore, the Presidential memorandum only gather available information about the 424.16(b) and 424.18(a)(2) repeats the impacts on proposed or ongoing statutory language, we note that the required the Services to change the timing of the availability of the activities that would be subject to ‘‘may adversely modify’’ language could section 7 consultation, and then must be misinterpreted to suggest that certain economic analysis of designations of give careful thought to the relevant activities necessarily must undergo critical habitat and did not speak to the information in the context of deciding section 7 consultation, or that the timing of the mandatory considerations whether to proceed with the Services must predetermine the result of specified in the Act. That being said, we discretionary 4(b)(2) exclusion analysis. any future section 7 consultation. stress that the Act’s legislative history is clear that Congress intended See DOI 2008 at 14–16. Properly interpreted, this language The second and third sentences of consideration of economic impacts to reflects Congress’s intent that the paragraph (b) are additions that provide neither affect nor delay the listing of Services alert the public to the general further guidance on how the Services relationship between the designation of species. Therefore, regardless of the will consider impacts of critical habitat critical habitat and types of activities point in the rulemaking process at designation. They read: that may occur on the landscape, which consideration of economic without definitively asserting that impacts of a designation of critical The Secretary will consider impacts at a consultations are required for such habitat begins, that consideration must scale that the Secretary determines to be activities, or what the results of any be kept analytically distinct from, and appropriate, and will compare the impacts consultations might be. Congress’s use have no effect on the outcome or timing with and without the designation. Impacts of the word ‘‘may’’ in this phrase of, listing determinations. We also note may be qualitatively or quantitatively supports our interpretation. Thus, that a draft economic analysis of a described. notwithstanding any statement in the critical habitat designation is only one The first phrase of the second proposed or final critical habitat of many pieces of information the sentence, ‘‘[t]he Secretary will consider designation about the relationship Secretaries use in determining whether impacts at a scale that the Secretary

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determines to be appropriate,’’ clarifies impacts to Federal actions could occur (available at http:// that the Secretary has the discretion to on private as well as public lands. www.whitehouse.gov/omb/circulars/ determine the scale at which impacts In addition to using an incremental a004/a-4.pdf). are considered. The Secretary would analysis in the impacts analysis, the Nonetheless, between 2002 and 2007, determine the appropriate scale based Secretary will use an incremental the Services generally did not conduct on what would most meaningfully or analysis in the discretionary analysis an incremental analysis; instead, they sufficiently inform the decision in a under the second sentence of section conducted a broader analysis of impacts particular context. For example, for a 4(b)(2), if the Secretary decides to pursuant to the guidance from the wide-ranging species covering a large undertake that discretionary analysis. In United States Court of Appeals for the area of potential habitat across several that context, the Secretary will use an Tenth Circuit in New Mexico States, a relatively coarse-scale analysis incremental analysis to identify the Cattlegrowers Ass’n v. FWS, 248 F.3d would be sufficiently informative, while benefits (economic and otherwise) of 1277 (10th Cir. 2001). The genesis of the for a narrow endemic species, with excluding an area from critical habitat, court’s conclusion in that case was the specialized habitat requirements and and will likewise use an incremental definitions of ‘‘jeopardize the continued relatively few discrete occurrences, it analysis to identify the benefits of existence of’’ and ‘‘destruction or might be appropriate to engage in a specifying an area as critical habitat. adverse modification,’’ which are the relatively fine-scale analysis for the Benefits that may be addressed in the standards for section 7 consultations in designation of critical habitat. The discretionary 4(b)(2) exclusion analysis the Services’ 1986 joint regulations. See Secretary may also use this discretion to can result from additional protections, 50 CFR 402.02. Both phrases were focus the analysis on areas where in the form of project modifications or defined in a similar manner in that each impacts are more likely. See DOI 2008 conservation measures due to looked to impacts on both survival and at 17. consultation under section 7 of the Act; recovery of the species. conversely, a benefit of exclusion can be The court in New Mexico Cattle The second phrase of the second avoiding costs associated with those Growers noted the similarity of the sentence, ‘‘and will compare the protections. In addition, benefits (and definitions, concluding that they were impacts with and without designation,’’ associated costs) can result if the ‘‘virtually identical’’ and that the clarifies that impact analyses evaluate designation triggers compliance with definition of ‘‘destruction or adverse the incremental impacts of the separate authorities that are exercised in modification’’ was in effect subsumed designation. This evaluation is part as a result of the Federal critical into the jeopardy standard. 248 F.3d at sometimes referred to as an habitat designation (e.g., additional 1283. According to the court, these ‘‘incremental analysis’’ or ‘‘baseline reviews, procedures, or protections definitions thus led FWS to conclude approach.’’ For the purpose of the under legal authorities of States or local that designation of critical habitat impacts analysis required by the first jurisdictions). See DOI 2008 at 22–23. usually had no incremental impact sentence of section 4(b)(2) of the Act, Finally, because the primary purpose beyond the impacts of the listing itself. the incremental impacts are those of an economic analysis is to facilitate Thus, given these definitions, the court probable economic, national security, the mandatory consideration of the concluded that doing only an and other relevant impacts of the economic impact of a designation of incremental analysis rendered proposed critical habitat designation on critical habitat, to inform the meaningless the requirement of ongoing or potential Federal actions that discretionary 4(b)(2) exclusion analysis, considering the impacts of the would not otherwise occur without the and to determine compliance with designation, as there were no designation. Put another way, the relevant statutes and Executive Orders, incremental impacts to consider. incremental impacts are the probable the economic analysis should focus on Although the court noted that the impacts on Federal actions for which the incremental impact of the regulatory definitions had previously the designation is the ‘‘but for’’ cause. designation. been called into question, id. at 1283 n.2 To determine the incremental impacts Use of an incremental analysis in each (citing Sierra Club v. U.S. Fish & of designating critical habitat, the of these contexts is the only logical way Wildlife Serv., 245 F.3d 434 (5th Cir. Services compare the protections to implement the Act. The purpose of 2001)), the validity of the regulations provided by the critical habitat the impact analysis is to inform the had not been challenged in the case designation (the world with the Secretary’s decision about whether to before it. Instead, to cure this apparent particular designation) to the combined engage in the discretionary exclusion problem, the court held that the FWS effects of all conservation-related analysis under the second sentence of must analyze ‘‘all of the impacts of a protections for the species and its section 4(b)(2) of the Act (addressed in critical habitat designation, regardless of habitat in the absence of the designation paragraph (c)). To understand the whether those impacts are attributable of critical habitat (the world without difference that designation of an area as co-extensively to other causes.’’ Id. at designation, i.e., the baseline condition critical habitat makes and, therefore, the 1285. including listing). Thus, determining benefits of including an area in the In 2004, the Ninth Circuit (Gifford the incremental impacts requires designation or excluding an area from Pinchot Task Force v. USFWS, 378 F.3d identifying at a general level the the designation, one must compare the 1059 (9th Cir. 2004)) invalidated the additional protections that a critical hypothetical world with the designation prior regulatory definition of habitat designation would provide for to the hypothetical world without the ‘‘destruction or adverse modification.’’ the species. This determination does not designation. For this reason, the The court held that the definition gave require prejudging the precise outcomes Services compare the protections too little protection to critical habitat by of hypothetical section 7 consultations. provided by the designation to the not giving weight to Congress’s intent Finally, the Services determine the protections without the designation. that designated critical habitat support probable impacts of those incremental This methodology is consistent with the the recovery of listed species. Since protections on Federal actions, in terms general guidance given by the Office of then, the Services have been applying of economic, national security, or other Management and Budget to executive ‘‘destruction or adverse modification’’ relevant impacts (the incremental branch agencies as to how to conduct in a way that allows the Services to impacts). See DOI 2008 at 11. Probable cost-benefit analyses. See Circular A–4 define an incremental effect of

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designation. This process eliminated the Hatteras Access Preservation Alliance v. designation of critical habitat. Similarly, predicate for the Tenth Circuit’s DOI, 731 F. Supp. 2d 15 (D.D.C. Aug. the House Committee report that analysis. Therefore, the Services have 17, 2010). accompanied the 1978 amendments that concluded that it is appropriate to added section 4(b)(2) to the Act stated Rationale for the Revised Paragraph (c) consider the impacts of designation on that ‘‘[t]he consideration and weight an incremental basis. Paragraph (c) implements the second given to any particular impact is Indeed, no court outside of the Tenth sentence of section 4(b)(2) of the Act, completely within the Secretary’s Circuit has followed New Mexico Cattle which allows the Secretary to exclude discretion.’’ H.R. Rep. No. 95–1625, at Growers after the Ninth Circuit issued areas from the final critical habitat 17. Subsequent case law and the Gifford Pinchot Task Force. In designation under certain Solicitor’s Opinion have reflected that particular, the Ninth Circuit recently circumstances. Paragraph (c) reads: view, as does this final rule. See: concluded that the ‘‘faulty premise’’ that The Secretary has discretion to exclude • CBD v. Salazar, 2011 U.S. Dist. led to the invalidation of the any particular area from the critical habitat Lexis 26967 (D.D.C. Mar. 16, 2011); incremental analysis approach in 2001 upon a determination that the benefits of • Wyoming State Snowmobile Ass’n no longer applies. Arizona Cattle such exclusion outweigh the benefits of v. USFWS, 741 F. Supp. 2d 1245 (D. Growers Ass’n v. Salazar, 606 F.3d specifying the particular area as part of the Wyo. 2010); 1160, 1173 (9th Cir. 2010). The court critical habitat. In identifying those benefits, • DOI 2008 at 24. in addition to the impacts considered held, in light of this change in The third sentence of paragraph (c) pursuant to paragraph (b) of this section, the essentially repeats the third sentence of circumstances, that ‘‘the FWS may Secretary may consider and assign the weight employ the baseline approach in given to any benefits relevant to the the previous § 424.19. This sentence analyzing a critical habitat designation.’’ designation of critical habitat. The Secretary, incorporates the limitation in the last Id. In so holding, the court noted that however, will not exclude any particular area clause of section 4(b)(2) of the Act. See the baseline approach is ‘‘more logical if, based on the best scientific and DOI 2008 at 25. than’’ the coextensive approach. Id.; see commercial data available, the Secretary determines that the failure to designate that Summary of Comments and also: Recommendations • area as critical habitat will result in the Maddalena v. FWS, No. 08–CV– extinction of the species concerned. 02292–H (AJB) (S.D. Cal. Aug. 5, 2010); On August 24, 2012, we published a • Otay Mesa Property L.P. v. DOI, 714 The first sentence of paragraph (c) proposed rule (77 FR 51503) that F. Supp. 2d 73 (D.D.C. 2010), reversed carries over the second sentence of the requested written comments and on other grounds, 646 F.3d 914 (D.C. existing section, with modifications. information from the public on the Cir. 2011). The phrase ‘‘the Secretary has proposed revisions to the regulations • Fisher v. Salazar, 656 F. Supp. 2d discretion’’ has been added to pertaining to impact analyses conducted 1357 (N.D. Fla. 2009); emphasize that the exclusion of for designations of critical habitat under • Home Builders Ass’n of No. Cal. v. particular areas under section 4(b)(2) of the Act. The first comment period USFWS, 2006 U.S. Dist. Lexis 80255 the Act is always discretionary. See DOI opened on August 24, 2012, and closed (E.D. Cal. Nov. 2, 2006), reconsideration 2008 at 6–9, 17. For example, the on October 23, 2012. In response to that granted in part, 2007 U.S. Dist. Lexis Secretary may choose not to exclude an proposed rule, we received numerous 5208 (Jan. 24, 2007), aff’d, 616 F.3d 983 area even if the impact analysis and requests for an extension of the first (9th Cir. 2010); subsequent discretionary 4(b)(2) comment period, and we subsequently • CBD v. BLM, 422 F. Supp. 2d 1115 exclusion analysis indicate that the published a notice (77 FR 66946) that (N.D. Cal. 2006); benefits of exclusion exceed the benefits reopened the comment period from • Cape Hatteras Access Preservation of inclusion, and even if such exclusion November 8, 2012, through February 6, Alliance v. DOI, 344 F. Supp. 2d 108 would not result in the extinction of the 2013. Comments received from both (D.D.C. 2004). species. comment periods are grouped into general categories specifically relating to The Solicitor’s opinion also reaches this Additional minor changes to the first the proposed regulation revisions. conclusion. See DOI 2008 at 18–22. sentence make it more closely track the statutory language. General Comments The Services may still, in appropriate The second sentence of paragraph (c) circumstances, also analyze the broader is new. It codifies aspects of the Comment (1): Many commenters, impacts of conserving the species at legislative history, the case law, and the including federally-elected officials, issue to put the incremental impacts of Services’ practices with respect to requested an extension of the public the designation in context, or for exclusions. The second sentence comment period announced in the complying with the requirements of clarifies the breadth of the Secretary’s proposed regulation revision. other statutes or policies. See: discretion with respect to the types of Response: On November 8, 2012 (77 • Arizona Cattle Growers’ Ass’n v. benefits to consider. See: FR 66946), we reopened the public Kempthorne, 534 F. Supp. 2d 1013 (D. • CBD v. Norton, 240 F. Supp. 2d comment period for an additional 90 Ariz. 2008), aff’d, 606 F.3d 1160 (9th 1090 (D. Ariz. 2003); days to accommodate this request and Cir. 2010); • Home Builders Ass’n of No. Cal. v. allow for additional review and public • Home Builders Ass’n of No. Cal. v. USFWS, 2006 U.S. Dist. Lexis 80255 comment. USFWS, 2007 U.S. Dist. Lexis 5208 (E.D. (E.D. Cal. Nov. 2, 2006), reconsideration Comment (2): The Services should set Cal. Jan. 24, 2007), aff’d, 616 F.3d 983 granted in part 2007 U.S. Dist. Lexis out the clear expectations and (9th Cir. 2010); 5208 (Jan. 24, 2007), aff’d, 616 F.3d 983 consequences for publishing and • DOI 2008 at 21. (9th Cir. 2010); implementing the final regulation. The third sentence of paragraph (b) • DOI 2008 at 25–28. Response: We agree with the clarifies that impacts may be For example, the Secretary may commenter, and have further clarified to qualitatively or quantitatively described. consider effects on tribal sovereignty the extent possible within this final rule In other words, there is no absolute and the conservation efforts of non- our expectations of the implications of requirement that impacts of any kind be Federal partners when considering this final rule, most specifically in our expressed numerically. See Cape excluding specific areas from a responses to comments. We have

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specifically provided clarifications on: impact or interference with reasonable designation of critical habitat based on paragraph (a) of the regulation, investment-backed expectations. a discretionary 4(b)(2) exclusion regarding the shift in timing of the Comment (4): One commenter analysis using this information. economic analysis to comply with the believes that because Federal critical Comment (7): Several commenters intent of the Presidential memorandum habitat triggers additional state or local suggested specific line edits or word of February 28, 2012; paragraph (b), regulations, this rule should perform a usage. concerning the incremental approach to takings assessment because ‘‘a Response: We addressed these impact analysis, the use of either a landowner is denied economically comments as appropriate in this quantitative or qualitative analysis of beneficial or productive use of its land’’ document. economic impacts as permissible under from the designation. The commenter Comment (8): Several commenters the Office of Management and Budget gives an example of Washington’s state suggested a change in the title of the (OMB) Circular A–4, and the scale of the environmental policy act (SEPA) that regulation to ‘‘Analysis of Economic and impact analysis; and paragraph (c), the Federal critical habitat triggers Class IV Other Impacts and Exclusions from codification of Secretarial discretion as special forest practice restrictions. Critical Habitat.’’ defined by the Act and case law. The Response: We reiterate that these Response: The revised title identified desired consequences of this revision to regulations are procedural or in the proposed and this final rule gives equal weight and consideration to all the regulation are to further provide administrative in nature, and will have factors under section 4(b)(2) of the Act. clarity, promote predictability and no effect on the environment or on Changing the title to that suggested by reduce uncertainty, and to codify private property. These regulations do the commenter could imply greater established interpretation, practices, not designate critical habitat consideration of economics, above that and prevailing case law. themselves, nor will they result in any change to the outcome of, public of national security and other relevant Comment (3): One commenter involvement in, or standards used for impacts. The Services do not agree that disagrees that the proposed rule would making any critical habitat economics should be given greater not have significant takings implications determination. Therefore, the consideration than other impacts. because the Services should apply the commenter’s example of a state statute Therefore, we rejected this suggested Penn Central three-prong test for a in which additional protections are edit. taking. Also, the commenter states that triggered when critical habitat is Comment (9): The same commenters the ‘‘legitimate governmental interest’’ designated, would not be affected by suggested substantial revisions to test has been invalidated by the U.S. these regulatory revisions. We have paragraphs (b) and (c) of the proposed Supreme Court, and the Services erred revised the required determination for regulation revision, and the addition of in relying on this test. takings to make this more clear. several paragraphs, and provided Response: To clarify any confusion in Comment (5): Several commenters specific language edits. One commenter our required determination related to commented on the rationale for our stated that the Services should amend these comments, we have amended the certifications and statements regarding paragraph (b) to add language directing language in the takings assessment. the statutes and executive orders in the that analyses are to be consistent with Again, we reiterate that these revisions Required Determinations. the Data Quality Act (i.e., best available to section 50 CFR 424.19 do not affect Response: We have incorporated data standard), to ensure the scale of private property. They only govern the responses to these comments under the impact analysis is sufficient to evaluate process by which the Services will appropriate statutes or executive orders particular areas for exclusion under consider the impacts of designation of in the appropriate Required section 4(b)(2), and to indicate that critical habitat and possible exclusions Determinations section, below. quantitative assessments will be done to from those designations, and codify the Comment (6): The Services should the maximum extent practicable. The Services’ current practices. Therefore, recognize the central purpose of impact commenter’s suggested paragraph (c) these revisions cannot affect areas that analyses, namely improving the would cover data disclosure have already been designated as critical information available to those requirements, and the suggested new habitat nor change the outcome with potentially affected by critical habitat paragraph (d) would detail the use of respect to future designations, and designations, and explain how this coextensive and incremental analyses to therefore will not affect private regulation will further that purpose. more fully analyze what the commenter property. Contrary to the assertion of the Response: The Services recognize the viewed as the economic impacts. commenter, in Penn Central importance of this regulation in Finally, the suggested new paragraph (e) Transportation Co. v. City of New York, providing information to the public and would state that the Secretaries will use 438 U.S. 104 (1978), the Supreme Court those entities potentially affected by the the best available scientific and did not set forth a discrete test for designation of critical habitat. The commercial data with respect to determining whether a constitutional President’s February 28, 2012, quantitative and qualitative analyses of taking has occurred. Rather, the court memorandum directed the Services to the economic impacts of a proposed noted that there was no set formula for promulgate this rule ‘‘in order to critical habitat designation. what were ‘‘essentially ad hoc, factual provide more complete information in Response: We disagree with the inquiries,’’ although it did identify three the future regarding potential economic commenter’s suggested edits for both factors of particular significance: impacts when critical habitat proposals procedural and substantive reasons. economic impact, reasonable are first offered to the public.’’ Another First, to adopt the changes suggested by investment-backed expectations, and important purpose of the impact the commenter would be a significant the character of the government action. analysis is to provide information to the deviation from the previous and For a government action whose Secretaries in order for them to consider proposed text of the regulation and go character and effect are limited to economic impacts, the impacts to well beyond the Services’ intent in improving the efficiency and national security, and any other relevant undertaking this regulation. transparency of government procedures impacts under section 4(b)(2) of the Act. Furthermore, because they would raise and that has no on-the-ground impact, Additionally, the Secretaries may new substantive issues not discussed in there would not be any economic exclude particular areas from a the proposed rule, any such changes

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likely would need to be proposed as a additional delays in the designation of Services to consider probable economic new regulation, and go through a new critical habitat. impacts. rulemaking procedure, which would Response: We appreciate the concerns Comment (12): The Services should take a significant amount of time. To expressed by commenters on the shift in publish an initial notice of impact adopt these changes and go through a timing of the draft economic analysis, analysis calling for submission of new rulemaking would be counter to the and we do not anticipate a reduction in information to be evaluated prior to intent of the Presidential memorandum, regulatory efficiencies as a result. The proposing a critical habitat designation. which was to promptly revise our Services are committed to doing an Only following the notice of the impact regulations. Moreover, the Services do analysis sufficient, given the shift in evaluation should the Services publish not find that there is a good basis for the timing and process, to provide the the proposed critical habitat. substantive suggestions advanced by the information needed by the Secretaries to Response: In general, the Services do commenter. Accordingly, the Services make informed decisions on a factual not anticipate publishing an advanced decline to expand the scope of the rule basis. We do not anticipate that the shift notice of proposed rulemaking (ANPR) to address such issues. in timing of the analysis will introduce for our critical habitat actions prior to In conducting impact analyses, of delays in the designation process, as a publication of a proposed designation. which an economic analysis is part, the summary of the draft economic analysis However, the Services are committed to providing the public with notice and Services use the best available scientific will be made available concurrently materials related to planned actions for and commercial data available. with the publication of the proposed each upcoming year. The notice and However, the further analysis and rule. Comment (11): Many commenters materials will be made available on the interpretation of those data are subject stated that shifting the timing of the Services’ Web sites, and will include to persons seeking correction to the draft economic analysis to be earlier in appropriate contact information, which resulting disseminated information. As the rulemaking process will provide for will allow the public to provide a result of this final regulation, the draft earlier, more meaningful participation information to the Services in advance economic analysis of the proposed by the public. However, other of particular rulemakings. Further, the critical habitat designation will be commenters were concerned that this Services will be coordinating with available concurrently with the approach would limit public potentially affected Federal agencies proposed critical habitat designation participation by interested and affected during the development of the critical and the Services will seek public stakeholders in the decision-making habitat designation to assess the comment on both. Any concerns process. They believe it may reduce the probable impacts of critical habitat identified by the public in analysis or time the public has to comment on the designation. Information obtained from data could be identified and considered proposed rule. Further, they stated this this coordination or otherwise provided in the final rule. If someone requests a approach will lead to an overly narrow by the public will be used to inform our correction under the Information consideration of economic impacts, or proposed designation and economic Quality Act (also known as the Data might allow economic analyses to be analysis. Further, we will request public Quality Act), the Services will consider ignored. Several commenters stated that, comment and any additional the original source of the information by changing the timing of the economic information available on the proposed used (best available scientific and analysis to be earlier in the rulemaking designation and our draft economic commercial data) will be considered process, the Services may fail to identify analysis at the time the proposed rule against the correction suggested by the and adequately analyze impacts. publishes. complainant. Therefore, this Response: Upon publication of the Comment (13): Several commenters recommendation need not be adopted. proposed designation of critical habitat, expressed concern over the shift in Further, the recommendation for which will include a summary of the timing of the economic analysis, as the disclosure of data is addressed by the draft economic analysis, we will solicit proposed revision would allow for the requirements for Federal electronic information from the public through at draft economic analysis to take place at rulemaking as part of the e-Government least a 60-day comment period in the same time that critical habitat Act, the Administrative Procedure Act accordance with our regulations, 50 CFR designation is proposed, creating the (APA), and the Freedom of Information 424.16(c)(2), and the APA. During this potential for the analysis of economic Act and would be redundant. We comment period, the public will have impacts to inappropriately interfere address the commenter’s remaining opportunity to review the proposed with the designation process. The specific suggested changes below in our designation and the supporting draft economic analysis should not influence responses grouped by subject matter. economic analysis, and provide the identification of critical habitat, Comments on Paragraph (a) of the information and comments on both the which should be based solely on the Proposed Revision—Shift in Timing of proposed rule and the draft economic best scientific data available. Any Economic Analysis analysis simultaneously. The Act exclusion of critical habitat must be requires the Secretaries to consider supported by the record and be made Comment (10): The majority of economic impacts of a designation of only at the final rulemaking stage. commenters supported the shift in critical habitat, and the Services are Response: We appreciate and are timing of the draft economic analysis, committed to conducting an economic cognizant of this concern. We base our and stated that this approach will analysis, based on the best data identification of critical habitat solely improve the regulatory process. Several available, given the shift in timing and on the best scientific data available. commenters expressed concern that the process, sufficient to provide the Although the relevant Service will have shift in timing of the draft economic information needed by the Secretaries to an economic analysis at the time it analysis would lead to a reduction in make informed decisions on a factual proposes to designate critical habitat, regulatory efficiency. They suggested basis. The economic analysis is the that analysis will not influence the that the Services need to clarify what vehicle by which we take economic biological determination of which areas measures will be taken to ensure that impacts into consideration. We do not meet the definition of critical habitat. the proposed revisions to the economic anticipate that the shift in timing of the The economic information, along with analysis process will not introduce analysis will result in a failure of the information related to national security

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and other relevant impacts, may be used determinable on this basis. We do not published in the Federal Register is in the discretionary analysis under the anticipate using this provision with redundant if the draft economic analysis second sentence of section 4(b)(2) of the greater frequency in the future as a is otherwise available on the internet. Act. A final decision on exclusions from result of this rulemaking. Response: This final regulation will critical habitat will be made at the final Comment (16): Several commenters require the Services to provide a rulemaking stage and will be supported were concerned that only a draft of the summary of our draft economic analyses by information in the supporting record economic analysis, and not a final within our proposed designations of for the rulemaking. analysis, will be available at proposal. critical habitat. Additional supporting Comment (14): Some commenters Response: As a result of this final documents will be available in the expressed concern that when the rule, the Services will be providing a supporting record and http:// Services propose listing and critical summary of our economic analyses www.regulations.gov. The Services habitat simultaneously, having available within our proposed designations of conclude that we will further the a draft economic analysis of the critical habitat. Furthermore, we will purposes of the Act and the APA by proposed critical habitat designation make available the economic analysis including the summary of the draft might result in that analysis influencing on http://www.regulations.gov in the economic analysis in the body of the the determination of whether a species docket of the proposed rulemaking. proposed rule, as doing so will facilitate warrants listing as a threatened or However, it is the draft economic public review by having the key endangered species. analysis that should be available for the information available in one place. Response: Section 4(b)(1)(A) of the public to review and comment on Further, that summary will provide the Act states that determinations required concurrent with the proposed rule. supporting information and factual basis by section 4(a)(1) of the Act (i.e., Further, the Services have generally for the certification of specific required determinations regarding the listing found in their experience that most determinations. status of a species) be made solely on economic analyses do not substantively Comment (19): The proposed the basis of the best scientific and change following public review and regulation would require description of commercial data available. While comment, so most draft analyses can be any significant activities that are known having the draft economic analysis for a viewed as approximating the final to have the ‘‘potential to affect’’ an area proposed critical habitat designation analysis. However, we will incorporate considered for designation as critical completed and available concurrent comments and information received on habitat. But this language introduces a with the proposed listing determination the draft analysis as appropriate into the new standard not in the Act (potential may provide the opportunity for a real text of our final rule. to affect). Potential to affect is a broader or perceived influence on the listing Comment (17): A commenter standard; the standard ‘‘may adversely status ultimately given the species, the requested that, in addition to the modify’’ from the statute should be Services will ensure a separation of the analysis of economic impacts being used. Further, by using a new standard, two analyses and determinations. For made available prior to the proposal, the critical habitat proposals would have to example, one step that FWS has taken regulation be amended to include the segregate activities that have the to ameliorate this concern is to develop analysis of all other impacts specified in potential to affect from those that may listing determinations and critical the statute, and the balancing of all adversely modify. habitat designation (if prudent and relevant benefits be done prior to Response: We have removed the determinable) concurrently, but in publication of a proposed rule as well. language containing this phrase from separate rulemakings. Furthermore, the Response: While we appreciate the this final regulation. See the preamble House of Representatives conference commenter’s position, we do not agree discussion for further information. report (97–835) for the 1982 that it is wise to mandate that these Comment (20): The Services should amendments to the Act specifically additional analyses and the add to paragraph (a), ‘‘To the maximum states that economic considerations discretionary 4(b)(2) exclusion analysis extent practicable’’ to lead off. And they have no relevance to determinations of be available at that stage of the should qualify that the economic species status under the Act. designation process in all analysis will be released at the same Comment (15): Requiring the draft circumstances. The statute does not time as the proposed rule ‘‘or as soon economic analysis to be completed at specify when these additional analyses thereafter as it is available.’’ time of critical habitat proposal could should be undertaken, and the Services Response: We have removed the result in more findings by the Services find that the purposes of the statute are language containing this phrase from that critical habitat is not determinable. best served by retaining flexibility on this final regulation. However, to use Response: The regulations at 50 CFR this point to respond to the degree of this phrase to preface the requirements 424.12 (a)(2) state that ‘‘critical habitat available data and agency priorities in a of paragraph (a) would indicate that the is not determinable when one or both of particular circumstance. As a matter of Services would provide a draft the following situations exist: (i) practice, NMFS’s current procedure is economic analysis to the maximum Information sufficient to perform consistent with the commenter’s extent practicable, implying that the required analyses of the impacts of the request. FWS, as a matter of practice, Services might elect not to release the designation is lacking, or (ii) The prefers to retain a greater degree of draft economic analysis at the time of biological needs of the species are not discretion as to the timing of making the proposed rule if inconvenient, sufficiently well known to permit these analyses available, although in which is contrary to the Presidential identification of an area as critical cases where specific data on other memorandum of February 29, 2012. The habitat.’’ Thus, the Services may invoke impacts is available at the proposed rule Presidential memorandum directs the subparagraph (i) of this provision to find stage, FWS may set forth the evaluation Services to make available the draft that the designation of critical habitat is of these data and, if applicable, its economic analysis at the time of not determinable if the information to provisional 4(b)(2) exclusion analysis in publication of the proposed critical perform the economic analysis is the proposed rule. habitat rule, and the Services intend to lacking. However, it has generally not Comment (18): Providing a summary fulfill the President’s direction because been our practice to find that a of the findings of the draft economic it is consistent with the purposes of designation of critical habitat is not analysis in the proposed rule as both the Act and the APA.

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Comments on Paragraph (b) of the consideration of impacts. The Services to ‘‘hide’’ the costs of the Act. Under the Proposed Revision—Incremental vs. have consistently been evaluating the Act, the costs that stem from listing are Coextensive Analyses incremental impacts of a designation in simply not relevant, except as setting Comment (21): Absent a clear the section 4(b)(2) evaluation process for the baseline against which to measure regulatory definition of adverse some time, and this approach has been the incremental impacts of designation. modification, the Service cannot judicially recognized as more logical Moreover, as a factual matter, in the vast reasonably assess the economic impact and appropriate. FWS has been using majority of cases, there is no longer a of any critical habitat designation. the incremental analysis approach for significant time lag between listing and Response: Courts invalidated the economic analyses since 2007 in areas critical habitat designation. Comment (25): The total economic previous regulatory definition of outside the jurisdiction of the Tenth impact that should be considered is the destruction or adverse modification Circuit Court. The OMB Circular A–4 impacts both before and after critical because they found it to be contrary to supports the use of the incremental habitat is designated; in other words, the language of the Act. However, at this approach of evaluating the effects of Federal rulemakings, including the both the baseline and the incremental time the Services are operating under a evaluation of probable economic together. This approach does not 2004 Director’s memorandum and a impacts. contradict the prohibition on 2005 Assistant Administrator’s Comment (24): The incremental consideration of economic impacts due memorandum, which confirm that the approach is not consistent with to the original listing of a species, but Services use the statutory conservation Congressional intent in the Act and it does allow consideration of the full standard in implementing the legislative history as it relates to section magnitude of all economic pressures on prohibition on destruction or adverse 4(b)(2) of the Act. To be more consistent a particular community, industry, or modification of critical habitat under with the Act, the Services should activity when considering imposing the section 7 of the Act. These memoranda conduct an analysis that sums both a additional economic cost associated provide a clear and reasonable basis for baseline and an incremental analysis with a critical habitat designation, or the Services to evaluate incremental (i.e., coextensive analysis). The Act does granting exclusion (i.e., cumulative impacts due to the designation of not qualify the mandatory consideration regulatory and economic impact). critical habitat in a manner consistent of economics and other relevant factors Response: An economic analysis with the purposes and text of the Act. and, therefore, all impacts should be serves to inform the relevant Service’s Further, the Services plan to propose a considered. Another commenter stated consideration of the economic impact of new regulatory definition for that the significant lag time between a critical habitat designation. That destruction or adverse modification of listing and critical habitat often done by consideration is mandatory under the critical habitat in the near future. the Services should not be used to hide first sentence of section 4(b)(2) of the Comment (22): Many commenters the costs of the Act as ‘‘listing costs.’’ Act. That consideration, in turn, informs oppose the incremental approach to Response: Congressional intent is the Service’s decision as to whether to conducting economic analyses, arguing reflected in the language of the Act. The undertake the discretionary exclusion that this approach does not capture the purpose of consideration of impacts is analysis under the second sentence of full impact of a critical habitat to inform decisions on possible section 4(b)(2) of the Act, and, if the designation and that it would be less exclusions from critical habitat; in turn, Service chooses to do so, the ultimate transparent than a coextensive the purpose of exclusions is to avoid the outcome of that exclusion analysis. As approach. Other commenters were probable negative impacts of discussed above, only incremental supportive of the incremental-analysis designating particular areas as critical impacts of designation can be relevant approach. habitat. Fundamentally, it is not an to this analysis, because those impacts Response: As we discussed above in ‘‘impact’’ of a designation if an impact are the only ones that can be avoided by the preamble and in the proposed rule, will happen with or without the excluding a particular area from the we have concluded that an incremental designation––those impacts will not be designation. In other words, it would be analysis is consistent with the Act and avoided by exclusion. For example, the illogical to exclude an area based on general OMB guidance, and is the most impacts due to the listing of a species benefits of exclusion that will not in fact logical way of analyzing impacts. The will occur regardless of designation of follow from the exclusion. Because Services have consistently been critical habitat or exclusion of areas implementation of the exclusions evaluating the incremental impacts of a from critical habitat. Exclusion of a process of section 4(b)(2) of the Act designation in the section 4(b)(2) particular area because of an impact that necessarily depends on a weighing of evaluation process. FWS has been using will occur regardless of the exclusion the incremental benefits of exclusion the incremental analysis approach for will be completely ineffective at and inclusion, and because there is an economic analyses since 2007 in areas avoiding the impact and is illogical. We implied consistency between the two outside the jurisdiction of the Tenth conclude that Congress did not intend sentences of 4(b)(2) given that the Circuit Court. The Services have not to mandate consideration of impacts process of the first sentence informs the found that there is a diminishment or that cannot be avoided by exclusion process of the second, we conclude that lack of transparency in the process from critical habitat, and therefore that the consideration of impacts required relative to the coextensive evaluation. Congress did not intend to mandate a under the first sentence of section Comment (23): The incremental coextensive analysis. 4(b)(2) of the Act is likewise limited to approach is contrary to the Services’ With respect to the commenter’s incremental impacts. prior practice and the Presidential assertion that a delay of the critical The OMB Circular A–4 supports the memorandum. habitat designation may hide the costs use of the incremental approach of Response: The incremental approach of the designation as listing costs, we evaluating the effects of Federal is not contrary to the Services’ prior disagree. As discussed above, the rulemakings, including the evaluation of practices, nor is it contrary to the incremental-analysis approach is the probable economic impacts, in Presidential memorandum. The correct approach regardless of whether complying with other statutes and Presidential memorandum does not the designation occurs at the time of Executive Orders (which the economic specify the type of analysis to use for listing, and that approach does not serve analysis also informs). Further, as

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discussed in the preamble of our incremental approach on all Federal against which the impacts of critical proposal, use of an incremental analysis lands and the coextensive approach on habitat may be compared. is supported by relevant case law and all State and private lands. They assert Response: While we agree that in the Solicitor’s M-Opinion. It has also that this dual approach would fully some cases regulatory baseline been the general practice of the Services analyze any economic impacts and information may be limited at the time (outside the jurisdiction of the 10th would meet the intent of the President of listing, the Services will use the best Circuit Court). Moreover, even if there in considering maximum exclusion of data available in considering the was some nonstatutory policy benefit to the final revised critical habitat on impacts of designating critical habitat. doing a broader analysis of the private and State lands. Thus, when developing a critical habitat economic impacts of species Response: For consistency, the designation for a species not yet listed, conservation, in most circumstances it incremental approach should be used the Services will use their experience is not practical to conduct a robust for the entire designation, and not for and the data that is available, including evaluation of baseline effects due to data specific land ownership. Further, based the regulatory baseline condition of limitations and resource and time on OMB guidance in Circular A–4, as comparable surrogate listed species, to constraints. well as supportive case law, the establish a probable baseline condition, Comment (26): The incremental Services’ interpretation is that the as well as to determine the probable approach is overly narrow and allows incremental approach is the correct incremental impacts. The Services the Services to easily discount the approach for impact analyses (see conclude that the use of information economic impacts of critical habitat Comment (19) above for further derived from an evaluation of designations or only consider those elaboration on use of the incremental comparable surrogate species or immediately visible. The Services approach). Critical habitat receives conditions is reasonable and consistent currently narrowly interpret economic regulatory protection under section 7 of with standard economic methodology. impact as the administrative costs the Act where there is a Federal nexus, Comment (29): The incremental incurred by the section 7 consultation regardless of land ownership. Even if approach erroneously assumes that process and discounts to zero virtually the Services were to use the approach occupied critical habitat will forever all other economic impacts because they suggested by the commenter, any remain occupied. As a result, areas are too speculative or are potential exclusion analysis under considered occupied critical habitat unquantifiable. section 4(b)(2) of the Act would be within the impact analysis will have Response: The incremental approach difficult, as two different standards little or no incremental impacts over is not overly narrow, as it properly would be applied based on baseline. focuses on the probable costs resulting landownership, thereby increasing Response: Neither coextensive nor from the designation of critical habitat. complexity and decreasing transparency incremental approaches to evaluating When the Services develop a draft and credibility of such balancing. impacts are dependent upon the economic analysis to consider the The last part of the comment, occupancy of a particular area in a economic impacts of designating critical regarding maximizing exclusions from designation. While we acknowledge that habitat, we include reasonably known critical habitat, is specifically in the occupancy of a particular area may or probable impacts reasonably likely to reference to the directives in the change over time regardless of occur. Using the incremental approach, Presidential memorandum regarding designation of critical habitat or listing, we often identify administrative costs revision of critical habitat for the the Act directs us to designate critical that will result from section 7 northern spotted owl. We note that habitat at the time a species is listed, to consultation in critical habitat units that those directives in the Presidential the maximum extent prudent and are occupied by the species. Substantive memorandum do not apply to all critical determinable, based on best scientific changes in the form of project habitat rulemaking. However, the data available at the time of the modifications are less likely to be Services do consider other relevant designation. attributable solely to critical habitat, as impacts of a designation of critical Should an occupied portion of a they may also be required to avoid habitat, including probable impacts to critical habitat unit become unoccupied jeopardy to the species, which is private and State lands, in all critical over time, and a future project is prohibited regardless of the designation habitat rulemakings. Designation of initiated in that area, the probable of critical habitat. With respect to critical habitat on Federal lands incremental costs associated with any designation of critical habitat units that provides clear conservation benefits project modifications needed to avoid are unoccupied by the species, the because Federal land managers have an adverse modification generally may be Services may more frequently identify obligation under section 7(a)(1) of the higher as they are no longer considered higher probable impacts. In that Act to carry out programs to conserve to be part of the baseline. However, as circumstance, any project modifications listed species. A designation of critical impact analyses are done at the time of stemming from the consultation process habitat helps focus such programs. As a critical habitat designation, it may not would be due solely to the designation result of these considerations, the be possible to reliably predict when or of critical habitat and the requirement of Secretaries may enter into the where a range contraction may occur avoiding its adverse modification, discretionary 4(b)(2) exclusion analysis and whether this scenario would occur. because the species is not present in the to consider exclusion of non-Federal In any event, the effects of an action on area. By contrast, certain conservation lands, and may exclude particular areas a designation would be evaluated in a measures that are attributable to the from a designation of critical habitat if section 7 consultation within the scope species’ listed status, such as project the benefits of exclusion outweigh the of that consultation and will be modifications undertaken to avoid benefits of inclusion. addressed on a case-by-case basis, and jeopardy to a species, fall under the Comment (28): Since the Act requires changes in occupancy that may result in baseline costs, and are not part of the critical habitat to be designated range contraction as compared to the incremental cost of a critical habitat concurrent with listing to the maximum original designation, will be evaluated designation. extent prudent and determinable, if the within the scope of future consultations. Comment (27): Some commenters Services follow the incremental In some cases, the Services may elect to suggested that the Services use the approach, there is no regulatory baseline revise a critical habitat designation in

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the event of a serious or unanticipated critical habitat designation and is, permissible. And once it becomes range contraction to reflect a change in therefore, contrary to the Act and effective, this regulation will apply to a species’ range. In a revised unlawful. all subsequent critical habitat rulemaking, the Services could Response: In the preamble of our designations, whether or not that reconsider prior exclusions from critical proposal and this final rule, the Services designation includes area within the habitat or consider new exclusions from set forth in detail the rationale as to why geographic scope covered by the Tenth critical habitat. the incremental approach is permissible Circuit. Further, as we have explained, Comment (30): One commenter cited and supported by the Act, relevant case the more recent Ninth Circuit case law a 2012 study of 4,000 biological law, and OMB Circular A–4. In examined the predicate for the Tenth opinions conducted under section 7 of particular, as the Ninth Circuit has Circuit decision and found it no longer the Act that identified no instances noted, the Tenth Circuit’s conclusion in applied. where a consultation concluded that the New Mexico Cattle Growers was based Comment (34): The incremental action resulted in an adverse on a faulty premise. We also note that approach is not consistent with the modification of critical habitat, absent a there has been confusion as to what ‘‘best scientific data’’ requirement. comparable determination that the constitutes ‘‘all’’ economic impacts of a Response: The Act specifies that we action would also jeopardize the designation. OMB Circular A–4 states are to designate critical habitat based on continued existence of the species. As a that agencies should evaluate the the best scientific data available. The consequence, the incremental approach specific cost and benefit of the subject incremental approach broadly applies to for evaluating the impacts of critical regulation relative to a baseline, which analysis of probable impacts stemming habitat is of little value. is ‘‘the way the world would look absent from the designation of critical habitat. Response: Frequently, conservation the proposed action. It may be As stated above, when evaluating measures and project modifications are reasonable to forecast that the world probable impacts of a critical habitat negotiated with the Federal action absent the regulation will resemble the designation, the Services’ practice is to agency during the informal and formal present.’’ This approach captures all of consider only those impacts resulting consultation processes, which can have the impacts that are actually relevant to from the critical habitat (i.e., the effect of precluding an adverse the decision to be made. As applied to incremental approach), and not those modification determination. The cost of the decision of whether to exclude an impacts associated with a species’ listed these conservation measures and project area from a critical habitat designation, status or other conservation measures modifications, if resulting solely from an incremental approach evaluates the undertaken for that species. the designation, and the cost of the cost solely resulting from a specific Furthermore, the purpose of the impact consultation itself constitute the designation, which equates to the analysis is to inform decisions regarding incremental impacts of the designation, incremental difference between the exclusions from critical habitat. If the which must be evaluated under section world with and without the designation Secretaries exercise their discretion to 4(b)(2) of the Act. Thus, the lack of a in place. Thus, in determining the exclude particular areas, the determination of adverse modification incremental impacts of a designation, incremental impacts will be avoided. in a section 7 consultation does not the Services do consider ‘‘all’’ of the Data used to inform the impact analysis mean there is no incremental impact reasonably likely or probable economic that are based on probable incremental resulting from the designation. impacts of a designation. impacts are the most useful in this Comment (31): The Services have a Comment (33): Federal agencies have evaluation. Therefore, the Services do burden to clearly delineate the no authorities to resolve circuit court use the best scientific information difference between jeopardy and splits involving matters of statutory available to evaluate the incremental adverse modification when using the interpretation. The proposed rule is, impacts of a critical habitat designation. incremental approach. therefore, unlawful because it represents Comment (35): Commenters requested Response: As part of our evaluation of an improper attempt by the Services to that the Services provide clarification of the probable incremental effects, the resolve a circuit split involving a matter baseline and explain what is meant by Services make a reasonable effort to of statutory interpretation. Rulemaking ‘‘existing protections’’? explain the distinction between the is not the way to resolve the judicial Response: ‘‘Existing protections’’ results of application of the jeopardy split between 10th and 9th circuit make up the ‘‘baseline.’’ As discussed in and destruction or adverse modification decisions. Congress or the Supreme the preamble of our proposed regulation standards to the facts of each species Court should decide this issue. How revision, the baseline condition for within the limits of what can be would this rule, if finalized, apply in impact analyses is the evaluation of the predicted from the best available the 10th circuit? combined effects of all conservation- information. In the evaluation of Response: Federal agencies are related protections for a species incremental impacts, we acknowledge empowered by Congress to interpret the (including listing) and its habitat, in the the distinction between jeopardy and laws that they implement. Courts also absence of the designation of critical adverse modification is often most interpret the laws, and give varying habitat. The baseline includes the difficult to determine and articulate. degrees of deference to preexisting effects of all conservation measures and Comment (32): The Tenth Circuit agency interpretations. Agencies may regulations that are in place as a result found that the incremental approach is promulgate a rule that interprets a law of the species being listed under the Act meaningless. Through the use of this differently than does a prior judicial (i.e., the world without critical habitat approach, the Service has found that opinion. See Nat’l Cable & Telecomms. for the subject species). An analysis of critical habitat designations covering Ass’n v. Brand X Internet Servs., 545 incremental impacts identifies and vast expanses of private and public U.S. 967, 982–85 (2005). This is evaluates those impacts due solely to lands have no economic impacts other precisely what we are doing here. In the designation of critical habitat, above than incremental administrative costs other words, it is completely and beyond those already in place (i.e., associated with future section 7 appropriate for an agency to issue a rule baseline condition). consultations. The incremental that has the effect of resolving a split in Examples of existing protections may approach does not require the Services the circuit courts, so long as the include: (1) Conservation measures such to consider all economic impacts of a agency’s interpretation of the statute is as Service-approved habitat

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conservation plans (HCPs) and safe March 9, 2010, Scientific Integrity consideration of impacts of critical harbor agreements (SHAs); (2) tribal and memorandum, and the Data Quality Act. habitat designations. Federal wildlife-management and Comment (37): The qualitative Response: The Services interpret the wildlife-conservation plans; (3) State approach makes sense under Act as requiring us to consider and endangered species act regulations; (4) environmental law, but could be seen as evaluate only activities that are other conservation measures at the State subjective. However, quantitative proposed or ongoing. We note that the and local levels; and (5) project analysis could be just as subjective regulation sets out the minimum that is modifications resulting from section 7 based on how the numbers are required to comply with the mandate of consultations to avoid jeopardy to listed assembled. the first sentence of section 4(b)(2) of species. Response: We appreciate the the Act. The Services may in appropriate circumstances choose to Comments on Paragraph (b) of the observation. The Services are committed to using the best scientific information consider other reasonably probable Proposed Revision—Qualitative vs. impacts, especially in the discretionary Quantitative Analyses available in evaluating reasonably probable incremental impacts of a exclusion analysis under the second Comment (36): Several commenters critical habitat designation in our sentence of section 4(b)(2) of the Act. opposed the use of qualitative analyses impact analyses. We use these data, The Services cannot speculate about in estimating potential economic whether quantitative or qualitative, to what projects may occur in the future, impacts, and stated that all analyses make objective, substantiated but must rely on information available should be quantitative in nature. Others conclusions. regarding reasonably foreseeable or suggested that consistency with the Act, probable projects as indicated in the the President’s March 9, 2010, Scientific Comments on Paragraph (b) of the original text of this revised regulation. Integrity memorandum, and the Data Proposed Revision—Scale of Analyses To do otherwise would not provide for Quality Act require the Secretary to use, and Other Issues Related to Paragraph a reasonable or credible impact analysis. to the maximum extent practicable, a (b) Proposed and ongoing also captures quantitative assessment method, and Comment (38): The Services should those section 7 consultations that have only use qualitative assessments if data establish guidelines for determining already occurred or are in progress, so required to conduct the analysis are not appropriate and meaningful scale of that the possible effects of critical available. Further, if the Services adopt analyses. Another commenter noted that habitat may already be known, which the incremental approach, the need for paragraph (b) gives the Secretaries allows for a more accurate and credible robust, quantitative economic impact additional flexibility to determine the impact assessment. Comment (40): The Services should assessments is even greater. The scale of the analysis. add the phrase ‘‘domestic energy Services should closely examine the Response: Setting out defined security’’ following the term ‘‘national existing economic conditions and guidelines for the scale of an analysis in security,’’ as it is a critical component quantitatively compare the impacts of regulations would not be practical. Each of national security. any critical habitat designation to critical habitat designation is different Response: The current language in ensure they obtain a complete picture of in terms of area proposed, the scope of section 4(b)(2) of the Act includes the the consequences of the regulatory the applicable Federal actions, phrase ‘‘and any other relevant impact.’’ action. economic activity, and the scales for The legislative history indicates that Response: As described in OMB which data are available. Additionally, Congress intended to give the Circular A–4, ‘‘Sound quantitative the scale of the analysis is very fact Secretaries broad discretion as to what estimates of benefits and costs, where specific. Therefore, the Services must impacts to consider and what weight to feasible, are preferable to qualitative have flexibility to evaluate these give particular impacts. H.R. Rep. 95– descriptions of benefits and costs different areas in whatever way is most 1625, at 17; see, e.g., Cape Hatteras because they help decisionmakers meaningful. For example, for a narrow- Access Preservation Alliance v. DOI, understand the magnitudes of the effects endemic species, a critical habitat 731 F. Supp. 2d 15 (D.D.C. 2010) (‘‘the of alternative actions. However, some proposal may cover a small area; in Service has considerable discretion as to important benefits and costs (e.g., contrast, for a wide-ranging species, a what it defines to be ‘‘other relevant privacy protection) may be inherently critical habitat proposal may cover an impacts’’ under the ESA’’). Therefore, if too difficult to quantify or monetize area that is orders of magnitude greater. the relevant Service determines in a given current data and methods.’’ Based The appropriate scale of the impact particular designation that domestic on our years of designating critical analysis for these two species may not energy security is a relevant impact of habitat and evaluating resulting be the same. For the narrow-endemic that designation, that Service will impacts, the Services have found that, species, an impact analysis may look at consider the impacts of designation on in most instances, the data available to a very fine scale with a great level of domestic energy security. provide quantified estimates of specific detail. In contrast, the impact analysis Comment (41): The change in the impacts are limited, and as a result, the for the wide-ranging species, which may proposed revision of the standard of Services have relied on a combination of cover wide expanses of land or water, ‘‘potential’’ to ‘‘probable’’ would place a quantitative and qualitative approaches may use a coarser scale of analysis, due burden on landowners and users that is in performing our impact analyses. This to the sheer size of the proposed not authorized by the Act. This change approach is consistent with Circular A– designation. Each critical habitat is inconsistent with the statute because 4, which states ‘‘If you are not able to proposal includes a description of the there are no such limitations on impacts quantify the effects, you should present scope of the area being proposed, and considered by the Secretaries. any relevant quantitative information uses the scale of analysis appropriate to Response: The word ‘‘potential’’ was along with a description of the that situation. not in the previous language of this unquantified effects, such as ecological Comment (39): Commenters requested regulation. However, the word gains, improvements in quality of life, that the Services define ‘‘proposed and ‘‘probable’’ was in the original language and aesthetic beauty.’’ Our practice is ongoing’’ activities and ‘‘other relevant of this regulation. As discussed in the also consistent with the President’s impacts,’’ to promote consistent preamble of our proposal, we are not

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changing the term ‘‘probable.’’ The use 4(b)(2) exclusion analysis in the final the benefits of excluding a particular of this word reflects a reasonable rule or supporting record for any area area outweigh the benefits of including interpretation of the statute. that the Secretaries exercise their the area and determine whether to Realistically, the Services can only discretion to exclude. exclude such an area from the consider activities reasonably likely to Comment (43): The preamble of the designation if the exclusion will not occur, which we interpret for purposes proposed regulation states that the result in the extinction of the species. of this rule to mean the same thing as weighing of benefits (exclusion analysis) The exclusion analysis outlined in the the term ‘‘probable.’’ under section 4(b)(2) is ‘‘optional,’’ second sentence of section 4(b)(2) of the which raises serious concerns. Section Act is not required under the statute, Comments on Paragraph (c) of the 4(b)(2) requires that economic and other and for some designations the Services Proposed Revision—Secretarial impacts be considered in designating may choose not to engage in such an Discretion critical habitat. This step is mandatory. analysis. Thus, for the reasons discussed Comment (42): The proposed The revisions to section 424.19 should above and in the Solicitor’s M-Opinion, regulation change would give too much make clear that the requirement to we disagree with the commenter that latitude to the Services to make consider economic and other impacts the exclusion analysis is inconsistent and arbitrary decisions when designating critical habitat is an nondiscretionary. when designating critical habitat, integral part of the designation process However, separate and different from including the discretion to assign and will be utilized to reduce adverse the 4(b)(2) exclusion analysis discussed weights to the benefits of critical habitat impacts on land and resource users, as above, agencies are required under E.O. designations. The proposed rule lacks Congress intended. With this new 12866 to assess both the costs and the criteria or guidance, which deprives the approach, the Services may consider the benefits of the intended regulation and, public of the opportunity to comment economic analysis to be discretionary. recognizing that some costs and benefits on how the rule will be implemented. The Secretary’s discretion to exclude or are difficult to quantify, propose or Although the Act affords the Secretaries not exclude arises only after the adopt a regulation only upon a reasoned significant discretion in making these Secretary has first engaged in a determination that the benefits of the determinations, the Secretaries should mandatory consideration of economic intended regulation justify its costs. The articulate how they will exercise this impacts, followed by a nondiscretionary requirement of E.O. 12866 is applicable discretion by regulation. The criteria weighing of benefits. The third and final to the process of designating critical and guidelines should be set forth in the step is a discretionary decision whether habitat. final rule. The final regulation should to exclude or not. To minimize confusion between the outline how the Secretaries will exercise Response: There are two distinct two analyses, we have changed the discretion with requirements and processes under section 4(b)(2) of the reference to the analysis under the guidance to provide public Act—one mandatory and one second sentence of 4(b)(2) of the Act in understanding in the analysis of discretionary—and this interpretation this final rule from ‘‘optional weighing designation of critical habitat. has been confirmed by the courts of benefits’’ to ‘‘discretionary 4(b)(2) Response: One purpose of this (Building Industry Ass’n of the Bay Area exclusion analysis.’’ paragraph of the revised regulations is v. U.S. Dep’t of Commerce, 2012 U.S. Comment (44): Some commenters to clarify the relationship between the Dist. Lexis 170688 (N.D. Cal. Nov. 30, were concerned that the Secretaries mandatory consideration of impacts 2012)). The first sentence of section might not exclude areas even if the under the first sentence of section 4(b)(2) of the Act sets out a mandatory benefits of exclusion outweigh those of 4(b)(2) of the Act and the discretionary requirement that the Services consider inclusion. They argued that this exclusion authority under the second the economic impact, impact on approach would conflict with the sentence of section 4(b)(2) of the Act. national security, and any other relevant general principles of E.O. 13563 and the This distinction has been recognized by impacts prior to designating an area as intent of the 2012 Presidential courts. Building Industry Ass’n of the part of a critical habitat designation. The memorandum. The Secretaries do not Bay Area v. U.S. Dep’t of Commerce, Services will always consider such have discretion to ignore economic or 2012 U.S. Dist. Lexis 170688 (N.D. Cal. impacts as required under this sentence other impacts in designating critical Nov. 30, 2012). We disagree that it for each and every designation of habitat, as implied by the Services’ would be helpful to include specific critical habitat. The economic analysis claim in having broad discretion in guidance as to how this authority will is the vehicle by which we consider the development of an economic impact be applied in binding regulations. probable economic impacts of a critical analysis. If agency discretion is However, the Solicitor’s Section 4(b)(2) habitat designation. Thus, contrary to absolute, then this situation renders memorandum (M–37016, ‘‘The the suggestion in the comment, we do criteria set forth in section 4(b)(2) as Secretary’s Authority to Exclude Areas not consider the consideration of the serving no purpose. We understand the from a Critical Habitat Designation probable economic impacts of a critical commenters to mean that this would under Section 4(b)(2) of the Endangered habitat designation to be discretionary. render the Act’s requirement that the Species Act’’ (Oct. 3, 2008)) (DOI 2008) The second sentence of section 4(b)(2) Services consider the impacts of a provides general guidance on how to of the Act outlines a separate designation of critical habitat illusory. implement section 4(b)(2) of the Act, discretionary exclusion-analysis process Response: We agree that the and we are developing additional that the Services may elect to conduct requirement of E.O. 12866 (and guidance in a forthcoming joint agency depending on the specific facts of the incorporated by E.O. 13563) to assess policy on section 4(b)(2) exclusions. designation. The Services are the costs and benefits of a rule, and, to Ultimately, the weight given to any particularly likely to conduct this the extent permitted by law, to propose impact or benefit and the decision to discretionary analysis if the or adopt the rule only upon a reasoned exercise discretion to exclude a consideration of impacts mandated determination that the benefits of the particular area is fact specific and will under the first sentence suggests that the intended regulation justify the costs is continue to be addressed in each designation will have significant applicable to the process of designating individual rulemaking. As a matter of incremental impacts. In this exclusion critical habitat. However, as discussed practice, the Services set forth the analysis the Services analyze whether above, the authority for the assessment

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of costs and benefits to satisfy the national security, and other relevant as to whether to enter into the exclusion provisions of E.O. 12866 and E.O. 13563 impacts; and we may not exclude an analysis under section 4(b)(2) of the Act is separate and different from the area when such exclusion will result in and whether to exclude any particular authority for the discretionary exclusion the extinction of the species. As areas. For example, an appropriate analysis conducted under the second discussed above, The Services’ ability to response to a comment seeking to force sentence of section 4(b)(2) of the Act. apply this discretion is fully consistent an exclusion analysis and subsequent Because the discretionary 4(b)(2) with E.O. 12866, E.O. 13563, or the exclusion would be that the Secretary exclusion analysis and the assessment Presidential memorandum. The has considered the relevant impacts under the Executive Orders serve existence of the agencies’ broad under the first sentence of section different purposes, we do not find that discretion does not mean that section 4(b)(2) of the Act but declines to the discretionary 4(b)(2) exclusion 4(b)(2) of the Act serves no purpose. exercise the Secretary’s discretion to analysis conflicts with the general Section 4(b)(2) of the Act gives the make an exclusion. principles of the Executive Orders. In agencies authority to exclude, absent Comment (47): The public should be fact, we believe that, in general, which exclusions from critical habitat able to review and comment on the excluding an area because the benefits would not be possible. This authority Secretary’s rationale for an exclusion. of exclusion outweigh the benefits of serves an important purpose (although Response: In some cases, the Services inclusion, and not excluding an area not the purpose of allowing others to are able to provide the public with because the benefits of exclusion do not force the agencies to exercise that opportunity to review and comment on outweigh the benefits of inclusion, is authority). particular areas considered for, or fully consistent with the E.O. Comment (45): The Act requires that, proposed for, exclusion from a requirements discussed above. when the economic costs outweigh the designation of critical habitat. In other In this final rule, we acknowledge that benefits of designating critical habitat in instances, the Services may not know the first sentence of section 4(b)(2) of a certain area, the Secretaries must exert which areas will be considered or the Act sets forth a mandatory their discretion to exclude that area ultimately excluded from the final consideration of the economic, national from the designation. designation of critical habitat until after security, or other relevant impacts of Response: We disagree. The Act is receiving public comment. If the designating critical habitat. So we agree quite clear and specifically states that Secretary chooses to exercise his or her with the commenter that there is a the Secretaries ‘‘may exclude’’––we discretion to exclude a particular area, mandatory consideration of economics interpret this to mean exclusions are the discretionary 4(b)(2) exclusion and other impacts of designating critical always discretionary and never analysis will be presented in the final habitat. However, we also acknowledge mandatory. This interpretation has been rule designating critical habitat and that the second sentence of section upheld by the courts (Building Industry supporting information will be 4(b)(2) of the Act outlines a separate Ass’n of the Bay Area v. U.S. Dep’t of contained in the administrative record discretionary exclusion-analysis process Commerce, 2012 U.S. Dist. Lexis 170688 for the action. The rationale supporting that the Services may elect to conduct (N.D. Cal. Nov. 30, 2012)). Therefore, the exclusion is then available for depending on the specific facts of the exclusion of a particular area is never review. This procedure is consistent designation. The discretionary nature of mandatory. with the APA. See Home Builders Ass’n this process has most recently been Comment (46): The Services’ section of No. Cal. v. USFWS, 2006 U.S. Dist. upheld in Building Industry Ass’n of the 4(b)(2) impact analyses should be Lexis 80255 (E.D. Cal. Nov. 2, 2006), Bay Area v. U.S. Dep’t of Commerce, reviewable. The proposed regulation reconsideration granted in part 2007 2012 U.S. Dist. Lexis 170688 (N.D. Cal. would establish that the Secretaries’ U.S. Dist. Lexis 5208 (Jan. 24, 2007), Nov. 30, 2012). We note that the decision not to exclude an area from aff’d, 616 F.3d 983 (9th Cir. 2010) Services are particularly likely to critical habitat regardless of the result of (specific exclusion from critical habitat conduct this discretionary analysis if the economic impact analyses would in final rule was a logical outgrowth of the consideration of impacts mandated not be reviewable. Under the APA, the proposed rule because the proposed under the first sentence suggests that the agencies must respond to ‘‘significant rule had sought comment on whether designation will have significant comments.’’ The failure of the Services any areas should be excluded). incremental impacts, and, generally, the to provide a meaningful response to a Comment (48): The second sentence Services’ practice is to exclude an area request made by the public or other indicates that ‘‘the Secretary may from a designation when the benefits of entity, such as by providing findings consider and assign the weight to any exclusion outweigh the benefits of regarding relative costs and benefits of benefits relevant to the designation of inclusion, provided that the exclusion designating a particular area, would be critical habitat.’’ This language is an will not result in the extinction of the arbitrary, capricious, and in violation of attempt to authorize the Secretary to species. the law. Further, if the Secretaries reject consider factors beyond those specified There is no single approach for a request to exclude an area from critical in the Act, which are those directly evaluating and weighing incremental habitat, and provide an explanation for related to the conservation of the impacts resulting from a designation of that decision, that decision would be species that is the subject of the critical habitat against the conservation subject to APA review. designation. needs of a species. Thus, the Secretaries Response: Recent case law supports Response: We disagree. The first must retain discretion in choosing the our conclusion that exclusions are sentence of section 4(b)(2) of the Act methods of evaluating these issues in discretionary and the discretion not to requires consideration of ‘‘any’’ relevant the context of a particular designation. exclude an area is judicially impacts of designation, and the second The Secretaries have broad discretion unreviewable (Building Industry Ass’n sentence of section 4(b)(2) of the Act whether to exclude or not (Building of the Bay Area v. U.S. Dep’t of places no limitations as to the nature of Industry Ass’n of the Bay Area v. U.S. Commerce, 2012 U.S. Dist. Lexis 170688 the benefits that may be weighed in the Dep’t of Commerce, 2012 U.S. Dist. (N.D. Cal. Nov. 30, 2012)). While the discretionary process of considering Lexis 170688 (N.D. Cal. Nov. 30, 2012)); Services will consider all significant exclusions. Nothing in the Act suggests the only conditions are that we must comments, this process does not alter that only factors directly related to consider economic impacts, impacts to the fact that the Secretary has discretion conservation of the species can be

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considered in implementing section area from critical habitat in the would allow for the evaluation of 4(b)(2) of the Act. Section 4(b)(2) of the proposed rule. effects, and (2) FWS’ interpretation that Act is inherently broad, and the Response: Initially, to the maximum the existing regulations limited the regulation reflects the manner in which extent prudent and determinable, the ability to provide the economic analysis the Secretary should use that authority. Services are required to identify those concurrent with proposal, the Comment (49): Paragraph (c) should specific areas that meet the definition of memorandum further directed the be revised to specifically acknowledge critical habitat (in 16 U.S.C. 1532(5)), Secretary to revise the relevant and analyze the combined State, local, based on the best scientific data regulation to shift the timing of the and volunteer conservation-related available. Subsequently, the Secretaries economic analysis such that all protections for a species, and the must consider the economic impact, the subsequent critical habitat proposals Services should compare these impact to national security, and any would be published with a concurrent protections to the benefits of a critical other relevant impact of designating any economic analysis. As a result, the core habitat designation. Paragraph (c) particular area as critical habitat. See 16 of the memorandum speaks to the should be revised to include language U.S.C. 1533(b)(2). We agree with the designation process of the rulemaking defining benefits as including, but not commenter that the Secretaries may for the northern spotted owl. This limited to, local and regional economic exclude a particular area from critical regulation addresses only that portion of development and sustainability, energy habitat only after conducting a the memorandum that requires a shift in development and security, American job discretionary 4(b)(2) exclusion analysis the timing of the economic analysis. security, and volunteer conservation (though such weighing and Further, the Services chose to revise the mitigation measures. development of a 4(b)(2) report could be regulation to codify established Response: While items such as those undertaken prior to release of the interpretation, practices, and prevailing enumerated in the comment may well proposed rule). However, we note that case law. We conclude that doing so be relevant in a particular designation the determination of areas meeting the will in fact provide clarity, promote and may be considered if there is definition of critical habitat is a predictability, and reduce uncertainty, available information, the Services’ biological determination and not done consistent with Executive Order 13563. intent in promulgating this revised via a discretionary 4(b)(2) exclusion Comment (54): One commenter asked regulation is to preserve the discretion analysis. the Services to explain how the and flexibility to shape the analysis as proposed regulation change will Comments Regarding the Services’ appropriate for each situation rather decrease uncertainty and improve Response to the Presidential than to prescribe certain criteria for the public participation, as directed by the Memorandum discretionary analysis under the second Presidential memorandum. sentence of section 4(b)(2) of the Act. Comment (53): The proposed rule Response: The revisions set forth in Our intent in setting forth paragraph (c) does not meet the Executive Order this regulation will provide clarity, is only to restate Secretarial discretion 13563 (January 18, 2011) objectives of promote predictability, and reduce as provided by the Act and promoting predictability and reducing uncertainty by making the economic Congressional intent, and confirmed in uncertainty in regulatory processes. The analyses available concurrently with relevant case law. Services should implement the proposals to designate critical habitat so Comment (50): One commenter Presidential memorandum of February that the public has both the impact suggested that we revise paragraph (c) to 28, 2012, in a way that is consistent analysis and the proposal available for clarify that any exclusion is not set forth with the entire suite of regulation comment concurrently earlier in the until the rule is finalized; the reform directives. The proposed process. The Presidential memorandum commenter suggested the language regulation revision is inconsistent with states ‘‘Uncertainty on the part of the ‘‘exclude any particular area from the the intent of the Presidential public may be avoided, and public [final] critical habitat.’’ memorandum in that it does not comment improved, by simultaneous Response: While we appreciate the promote ‘‘economic growth, innovation, presentation of the best scientific data comment, we find that the edit is not competitiveness, and job creation,’’ nor available and the analysis of economic necessary, because anything set forth in does it avoid the imposition of and other impacts.’’ We conclude that a proposed regulation does not have the unnecessary costs and burdens to this regulation will achieve that goal. force of law until the rule is finalized enhance regulatory flexibility. The Further, the Services chose to address and effective. Services go beyond the Presidential other relevant points within the revised Comment (51): Add language to memorandum to advance vague regulation to codify established paragraph (c) to clarify that the standards that can further weaken interpretation, practices, and prevailing Secretary has discretion to exclude areas economic impact analysis. case law, which also should decrease from the ‘‘final’’ critical habitat Response: Many commenters uncertainty and improve public ‘‘designation’’ upon a determination misinterpreted the scope of the participation. ‘‘supported by the record.’’ Presidential memorandum. The Comment (55): Several commenters Response: We agree that decisions set Presidential memorandum was issued interpreted the Presidential forth in each rulemaking must be in response to the proposed revised memorandum to broadly instruct the supported by the record. In fact, rational critical habitat designation for the Services to consider lessening the decisionmaking supported by the northern spotted owl, and focused regulatory impacts on private and State administrative record is a bedrock specifically on the rulemaking process land owners, and consider impacts to principle of the APA that applies to all for that regulation, as evidenced in the jobs. final agency actions, and as such, does title, Presidential Memorandum— Response: Please refer to our response not need to be codified within this Proposed Revised Habitat for the under Comment 53, above. regulation. Spotted Owl: Minimizing Regulatory Comment (56): The Services assert Comment (52): The discretionary Burdens. Due to: (1) Concern for not that they will use their current 4(b)(2) exclusion analysis must occur having the economic analysis available regulation until the new regulation is prior to including any specific area as with the proposed revised critical finalized, yet it used the proposed critical habitat or excluding any specific habitat for the northern spotted owl that process in the recent rulemaking for the

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northern spotted owl. This appears to be which were not directly relevant to the to publish a notice of rulemaking for a predecisional process approach for the regulation and are, therefore, not any proposed or final rule, it must final northern spotted owl regulation addressed in this section. Below, we prepare, and make available for public and for this proposed regulation. provide a summary of the topic areas comment, a regulatory flexibility Response: For the rulemaking for the that these comments encompass. While analysis that describes the effect of the northern spotted owl proposed revised not directly relevant to this regulation, rule on small entities (i.e., small critical habitat, the FWS followed the we may address some of these issues in businesses, small organizations, and existing regulatory procedure set forth future rulemaking and policy small government jurisdictions). in 50 CFR 424.19 regarding the timing development by the Services. However, no regulatory flexibility of the draft economic analysis, because (1) Providing guidance for the analysis is required if the head of an it was made available following the methodology for conducting economic agency, or his designee, certifies that the publication of the proposed designation. analyses including data collection from rule will not have a significant The draft analysis used the incremental and coordinating with potentially economic impact on a substantial approach to evaluating impacts, which affected parties; number of small entities. SBREFA is consistent with agency practice since (2) Specific methodology for amended the Regulatory Flexibility Act 2007, the Solicitor’s memorandum (M– evaluation of direct and indirect to require Federal agencies to provide a 37016, ‘‘The Secretary’s Authority to economic effects; statement of the factual basis for Exclude Areas from a Critical Habitat (3) The relationship between critical certifying that a rule will not have a Designation under Section 4(b)(2) of the habitat and recovery; significant economic impact on a Endangered Species Act’’ (Oct. 3, 2008)) (4) The detrimental effect critical substantial number of small entities. We (DOI 2008) and case law in the Ninth habitat may have on partnerships; and certified at the proposed rule stage that Circuit. Thus we did not use a (5) Tribal sovereignty and this action would not have a significant predecisional approach for the northern coordination. economic effect on a substantial number spotted owl revised critical habitat, but Required Determinations of small entities. The following followed our normal practice. discussion explains our rationale. Comment (57): The Services are Regulatory Planning and Review This final rule revises and clarifies the improperly interpreting the February 28, (Executive Orders 12866 and 13563) regulations governing how the Services 2012, Presidential memorandum, in analyze and communicate the impacts which the Secretary of the Interior was Executive Order 12866 provides that of a possible designation of critical simply directed to provide a draft the Office of Management and Budget’s habitat, and how the Services may economic analysis at the time of Office of Information and Regulatory exercise the Secretary’s discretion to publication of the proposed northern Affairs (OIRA) will review all significant exclude areas from designations. The spotted owl critical habitat rule. The rules. The Office of Information and final revisions to the regulations apply Presidential memorandum did not Regulatory Affairs has determined that solely to the Services’ procedures for the require the Service to proceed with this rule is significant. national rulemaking nor provide Executive Order 13563 reaffirms the timing, scale, and scope of impact direction to utilize the incremental principles of E.O. 12866 while calling analyses and considering exclusions analysis in future critical habitat for improvements in the nation’s from critical habitat. The revisions rulemaking. regulatory system to promote discussed in this final regulatory Response: The Presidential predictability, to reduce uncertainty, revision serve to clarify, and do not memorandum specifically directs the and to use the best, most innovative, expand the reach of, potential Secretary of the Interior to ‘‘take prompt and least burdensome tools for designations of critical habitat. steps to propose revisions to the current achieving regulatory ends. The NMFS and FWS are the only entities rule (which, as noted, was promulgated executive order directs agencies to that are directly regulated by this rule in 1984 and requires that an economic consider regulatory approaches that because we are the only entities that can analysis be completed after critical reduce burdens and maintain flexibility designate critical habitat. No external habitat has been proposed) to provide and freedom of choice for the public entities, including any small businesses, that the economic analysis be completed where these approaches are relevant, small organizations, or small and made available for public comment feasible, and consistent with regulatory governments, will experience any at the time of publication of a proposed objectives. E.O. 13563 emphasizes economic impacts from this rule. rule to designate critical habitat.’’ While further that regulations must be based Therefore, the only effect on any the Presidential memorandum directed on the best available science and that external entities large or small would the Secretary of the Interior to revise the the rulemaking process must allow for likely be positive through reducing any regulations to shift the timing of the public participation and an open uncertainty on the part of the public by economic impact analysis for critical exchange of ideas. We have developed simultaneous presentation of the best habitat designation, it did not limit the this rule in a manner consistent with scientific data available and the scope of the revision to the regulations. these requirements. This final rule is economic analysis of the designation of To further provide clarity, promote consistent with Executive Order 13563 critical habitat. predictability, and reduce uncertainty, because it is designed ‘‘to make the We received no comments on the the Services chose to address other agency’s regulatory program more economic impact of this rule or the relevant points within the revised effective or less burdensome in certification. A final regulatory regulation to codify established achieving the regulatory objectives.’’ flexibility analysis is not required, and one was not prepared. interpretation, practices, and prevailing Regulatory Flexibility Act case law. Unfunded Mandates Reform Act Under the Regulatory Flexibility Act (2 U.S.C. 1501 et seq.) Comments Not Directly Relevant to This (as amended by the Small Business Regulation Regulatory Enforcement Fairness Act In accordance with the Unfunded Comment (58): We received numerous (SBREFA) of 1996; 5 U.S.C. 601 et seq.), Mandates Reform Act (2 U.S.C. 1501 et specific comments in several categories whenever a Federal agency is required seq.):

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(a) On the basis of information between the Federal Government and documentation requirements consistent contained in the ‘‘Regulatory Flexibility the States, or on the distribution of with 40 CFR 1508.4 and 43 CFR Act’’ section above, these final power and responsibilities among the 46.210(i). This categorical exclusion regulations would not ‘‘significantly or various levels of government. applies to policies, directives, uniquely’’ affect small governments. We regulations, and guidelines that are ‘‘of Civil Justice Reform (E.O. 12988) have determined and certify pursuant to an administrative, financial, legal, the Unfunded Mandates Reform Act, 2 These final regulations do not unduly technical, or procedural nature.’’ This U.S.C. 1502, that these regulations burden the judicial system and they action does not trigger an extraordinary would not impose a cost of $100 million meet the applicable standards provided circumstance, as outlined in 43 CFR or more in any given year on local or in sections 3(a) and 3(b)(2) of Executive 46.215, applicable to the categorical State governments or private entities. A Order 12988. These final regulations exclusion. Therefore, this rule does not Small Government Agency Plan is not would clarify how the Services will constitute a major Federal action required. As explained above, small make designations of critical habitat significantly affecting the quality of the governments would not be affected under section 4 of the Act. human environment. because the final regulations would not We have also determined that this Government-to-Government place additional requirements on any action satisfies the standards for Relationship with Tribes city, county, or other local reliance upon a categorical exclusion municipalities. In accordance with the President’s under NOAA Administrative Order (b) These final regulations would not memorandum of April 29, 1994, (NAO) 216–6. Specifically, this action produce a Federal mandate on State, ‘‘Government-to-Government Relations fits within the categorical exclusion for local, or tribal governments or the with Native American Tribal ‘‘policy directives, regulations and private sector of $100 million or greater Governments’’ (59 FR 22951), Executive guidelines of an administrative, in any year; that is, this final rule is not Order 13175, and the Department of the financial, legal, technical or procedural a ‘‘significant regulatory action’’’ under Interior’s manual at 512 DM 2, we nature.’’ NAO 216–6, section 6.03c.3(i). the Unfunded Mandates Reform Act. readily acknowledge our responsibility This action would not trigger an These final regulations would impose to communicate meaningfully with exception precluding reliance on the no obligations on State, local, or tribal recognized Federal Tribes on a categorical exclusion because it does not governments. government-to-government basis. In our involve a geographic area with unique final regulations, we explain that the characteristics, is not the subject of Takings (E.O. 12630) Secretaries have discretion to exclude public controversy based on potential In accordance with Executive Order any particular area from the critical environmental consequences, will not 12630, these final regulations would not habitat upon a determination that the result in uncertain environmental have significant takings implications. benefits of exclusion outweigh the impacts or unique or unknown risks, These final regulations would not have benefits of specifying the particular area does not establish a precedent or any actual impacts to the environment as part of the critical habitat. In decision in principle about future or to private property interests, because identifying those benefits, the proposals, will not have significant they will not result in changes to Secretaries may consider effects on cumulative impacts, and will not have applicable standards for identifying and tribal sovereignty. any adverse effects upon endangered or designating critical habitat, the level of threatened species or their habitats. Id. opportunity for public comment on Paperwork Reduction Act section 5.05c. As such, it is categorically critical habitat designations, or the This final rule does not contain any excluded from the need to prepare an outcome of critical habitat new collections of information that Environmental Assessment. In addition, determinations. Because these final require approval by the OMB under the NMFS finds that because this rule will regulations affect only procedural or Paperwork Reduction Act. This final not result in any effects to the physical administrative matters, such as the rule would not impose recordkeeping or environment, much less any adverse timing of when the draft economic reporting requirements on State or local effects, there would be no need to analysis will be prepared, they would governments, individuals, businesses, or prepare an Environmental Assessment not have the effect of compelling a organizations. An agency may not even aside from consideration of the property owner to suffer any physical conduct or sponsor, and a person is not categorical exclusion. See Oceana, Inc. invasion of their property; and would required to respond to, a collection of v. Bryson, No. C–11–6257–EMC, 2013 not deny any use of the land or aquatic information unless it displays a WL 1563675, *24–25,—F. Supp. 2d—(N. resources. Moreover, there would be currently valid OMB control number. D. Cal. April 12, 2013). Issuance of this neither any burden to public property rule does not alter the legal and from the regulations nor any barrier to National Environmental Policy Act regulatory status quo in such a way as reasonable and expected beneficial use We have analyzed this rule in to create any environmental effects. See of private property. accordance with the criteria of the Humane Soc. of U.S. v. Johanns, 520 F. National Environmental Policy Act Supp. 2d. 8, 12 (D.D.C. 2007). Federalism (E.O. 13132) (NEPA) (42 U.S.C. 4332(c)), the Council In accordance with Executive Order on Environmental Quality’s Regulations Energy Supply, Distribution or Use 13132, we have considered whether for Implementing the Procedural (E.O. 13211) these final regulations would have Provisions of NEPA (40 CFR parts 1500– Executive Order 13211 requires significant Federalism effects and have 1508), the Department of the Interior’s agencies to prepare Statements of determined that a Federalism NEPA procedures (516 DM 2 and 8; 43 Energy Effects when undertaking certain assessment is not required. These final CFR part 46), and NOAA’s actions. These final regulations are not regulations pertain only to Administrative Order regarding NEPA expected to affect energy supplies, determinations to designate critical compliance (NAO 216–6 (May 20, distribution, and use. Therefore, this habitat under section 4 of the Act, and 1999)). action is not a significant energy action, would not have substantial direct effects We have determined that this rule is and no Statement of Energy Effects is on the States, on the relationship categorically excluded from NEPA required.

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References Cited the failure to designate that area as appear at subpart H of 50 CFR part 600 A complete list of all references cited critical habitat will result in the and 50 CFR part 679. in this document is available on the extinction of the species concerned. The 2013 Pacific cod total allowable Internet at http://www.regulations.gov at Dated: May 14, 2013. catch (TAC) specified for vessels using jig gear in the BSAI is 3,251 metric tons Docket No. FWS–R9–ES–2011–0073 or Rachel Jacobson, upon request from the U.S. Fish and (mt) as established by the final 2013 and Principal Deputy Assistant Secretary for Fish 2014 harvest specifications for Wildlife Service (see FOR FURTHER and Wildlife and Parks, U.S. Department of groundfish in the BSAI (78 FR 13813, INFORMATION CONTACT). the Interior. March 1, 2013). The Administrator, Authority Dated: August 20, 2013. Alaska Region, NMFS, (Regional Alan D. Risenhoover, We are taking this action under the Administrator) has determined that jig Director, Office of Sustainable Fisheries, vessels will not be able to harvest 2,500 authority of the Endangered Species Act performing the functions and duties of the of 1973, as amended (16 U.S.C. 1531 et mt of the remaining 2013 Pacific cod Deputy Assistant Administrator for TAC allocated to those vessels under seq.). Regulatory Programs. § 679.20(a)(7)(ii)(A)(1). Therefore, in List of Subjects in 50 CFR Part 424 [FR Doc. 2013–20994 Filed 8–27–13; 8:45 am] accordance with § 679.20(a)(7)(iii)(A), Administrative practice and BILLING CODE 4310–55–P; 3520–22–P NMFS apportions 2,500 mt of Pacific procedure, Endangered and threatened cod to catcher vessels less than 60 feet species. (18.3 meters(m)) LOA using hook-and- DEPARTMENT OF COMMERCE line or pot gear. Regulation Promulgation National Oceanic and Atmospheric The 2013 Pacific cod TAC specified for catcher vessels greater than or equal PART 424—[AMENDED] Administration to 60 feet LOA using hook-and-line gear in the BSAI is 463 mt as established by ■ 1. The authority citation for part 424 50 CFR Part 679 is revised to read as follows: the final 2013 and 2014 harvest [Docket No. 121018563–3148–02] specifications for groundfish in the Authority: 16 U.S.C. 1531 et seq. BSAI (78 FR 13813, March 1, 2013). The ■ 2. Revise § 424.19 to read as follows: RIN 0648–XC831 Regional Administrator has determined that catcher vessels greater than or equal Fisheries of the Exclusive Economic § 424.19 Impact analysis and exclusions to 60 feet LOA using hook-and-line gear Zone Off Alaska; Reallocation of from critical habitat. will not be able to harvest 450 mt of the Pacific Cod in the Bering Sea and (a) At the time of publication of a remaining 2013 Pacific cod TAC Aleutian Islands Management Area proposed rule to designate critical allocated to those vessels under habitat, the Secretary will make AGENCY: National Marine Fisheries § 679.20(a)(7)(ii)(A)(3). Therefore, in available for public comment the draft Service (NMFS), National Oceanic and accordance with § 679.20(a)(7)(iii)(A), economic analysis of the designation. Atmospheric Administration (NOAA), NMFS apportions 450 mt of Pacific cod The draft economic analysis will be Commerce. to catcher vessels less than 60 feet (18.3 summarized in the Federal Register ACTION: Temporary rule; reallocation. m) LOA using hook-and-line or pot gear. notice of the proposed designation of The harvest specifications for Pacific critical habitat. SUMMARY: NMFS is reallocating the cod included in the final 2013 harvest (b) Prior to finalizing the designation projected unused amounts of Pacific cod specifications for groundfish in the of critical habitat, the Secretary will from vessels using jig gear and catcher BSAI (78 FR 13813, March 1, 2013) are consider the probable economic, vessels greater than 60 feet (18.3 meters) revised as follows: 751 mt for vessels national security, and other relevant length overall (LOA) using hook-and- using jig gear, 13 mt for catcher vessels impacts of the designation upon line gear to catcher vessels less than 60 greater than or equal to 60 feet (18.3 m) proposed or ongoing activities. The feet (18.3 meters) LOA using hook-and- LOA using hook-and-line gear, and Secretary will consider impacts at a line or pot gear in the Bering Sea and 7,577 mt to catcher vessels less than 60 scale that the Secretary determines to be Aleutian Islands management area. This feet (18.3 m) LOA using hook-and-line appropriate, and will compare the action is necessary to allow the 2013 or pot gear. impacts with and without the total allowable catch of Pacific cod to be Classification designation. Impacts may be harvested. qualitatively or quantitatively described. This action responds to the best (c) The Secretary has discretion to DATES: Effective August 23, 2013, available information recently obtained exclude any particular area from the through 2400 hrs, Alaska local time from the fishery. The Assistant critical habitat upon a determination (A.l.t.), December 31, 2013. Administrator for Fisheries, NOAA that the benefits of such exclusion FOR FURTHER INFORMATION CONTACT: (AA), finds good cause to waive the outweigh the benefits of specifying the Steve Whitney, 907–586–7269. requirement to provide prior notice and particular area as part of the critical SUPPLEMENTARY INFORMATION: NMFS opportunity for public comment habitat. In identifying those benefits, in manages the groundfish fishery in the pursuant to the authority set forth at 5 addition to the mandatory consideration Bering Sea and Aleutian Islands (BSAI) U.S.C. 553(b)(B) as such requirement is of impacts conducted pursuant to according to the Fishery Management impracticable and contrary to the public paragraph (b) of this section, the Plan for Groundfish of the Bering Sea interest. This requirement is Secretary may assign the weight given to and Aleutian Islands Management Area impracticable and contrary to the public any benefits relevant to the designation (FMP) prepared by the North Pacific interest as it would prevent NMFS from of critical habitat. The Secretary, Fishery Management Council under responding to the most recent fisheries however, will not exclude any authority of the Magnuson-Stevens data in a timely fashion and would particular area if, based on the best Fishery Conservation and Management delay the reallocation of Pacific cod scientific and commercial data Act. Regulations governing fishing by specified from other sectors to catcher available, the Secretary determines that U.S. vessels in accordance with the FMP vessels less than 60 feet (18.3 m) LOA

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using hook-and-line or pot gear. Since publish a notice providing time for This action is required by § 679.20 the fishery is currently open, it is public comment because the most and is exempt from review under important to immediately inform the recent, relevant data only became Executive Order 12866. industry as to the revised allocations. available as of August 21, 2013. Authority: 16 U.S.C. 1801 et seq. Immediate notification is necessary to The AA also finds good cause to allow for the orderly conduct and waive the 30-day delay in the effective Dated: August 23, 2013. efficient operation of this fishery, to date of this action under 5 U.S.C. Kelly Denit, allow the industry to plan for the fishing 553(d)(3). This finding is based upon Acting Deputy Director, Office of Sustainable season, and to avoid potential the reasons provided above for waiver of Fisheries, National Marine Fisheries Service. disruption to the fishing fleet as well as prior notice and opportunity for public [FR Doc. 2013–21018 Filed 8–23–13; 4:15 pm] processors. NMFS was unable to comment. BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 78, No. 167

Wednesday, August 28, 2013

This section of the FEDERAL REGISTER 30, West Building Ground Floor, Room proposed AD because of those contains notices to the public of the proposed W12–140, 1200 New Jersey Avenue SE., comments. issuance of rules and regulations. The Washington, DC 20590. We will post all comments we purpose of these notices is to give interested • Hand Delivery: Deliver to Mail persons an opportunity to participate in the receive, without change, to http:// rule making prior to the adoption of the final address above between 9 a.m. and 5 www.regulations.gov, including any rules. p.m., Monday through Friday, except personal information you provide. We Federal holidays. will also post a report summarizing each For service information identified in substantive verbal contact we receive DEPARTMENT OF TRANSPORTATION this proposed AD, contact Boeing about this proposed AD. Commercial Airplanes, Attention: Data Federal Aviation Administration & Services Management, P. O. Box 3707, Discussion MC 2H–65, Seattle, WA 98124–2207; 14 CFR Part 39 telephone 206–544–5000, extension 1; We received reports of cracks at nacelle station 300 on both lower chords [Docket No. FAA–2013–0704; Directorate fax 206–766–5680; Internet https:// Identifier 2013–NM–074–AD] www.myboeingfleet.com. You may and the web on outboard strut no. 1. review copies of the referenced service Outboard strut no. 1 had approximately RIN 2120–AA64 information at the FAA, Transport 41,300 total flight cycles and 63,300 total flight hours. The cracking was due Airworthiness Directives; The Boeing Airplane Directorate, 1601 Lind Avenue to fatigue from normal operating loads. Company Airplanes SW., Renton, Washington. For information on the availability of this The chords are the main load path for AGENCY: Federal Aviation material at the FAA, call 425–227–1221. the diagonal brace attach fitting. Administration (FAA), DOT. Cracked and severed chords and web on Examining the AD Docket ACTION: Notice of proposed rulemaking certain outboard struts could result in (NPRM). You may examine the AD docket on reduced structural integrity of the the Internet at http:// diagonal brace load path, and SUMMARY: We propose to adopt a new www.regulations.gov; or in person at the compromise the strut-to-wing airworthiness directive (AD) for certain Docket Management Facility between 9 attachment, which could result in The Boeing Company Model 747–200B, a.m. and 5 p.m., Monday through consequent separation of a strut and –200C, –200F, –300, and 747SR series Friday, except Federal holidays. The AD engine from the airplane during flight. airplanes. This proposed AD was docket contains this proposed AD, the prompted by reports of cracks of both regulatory evaluation, any comments Relevant Service Information lower chords and web on certain received, and other information. The outboard struts. This proposed AD We reviewed Boeing Alert Service street address for the Docket Office Bulletin 747–54A2237, dated March 14, would require repetitive inspections for (phone: 800–647–5527) is in the 2013. For information on the procedures cracking of the lower spar chords and ADDRESSES section. Comments will be and compliance times, see this service web, web lower spar chord available in the AD docket shortly after information at http:// modification, which includes receipt. inspections for cracking of the lower www.regulations.gov by searching for spar chords, and repetitive post FOR FURTHER INFORMATION CONTACT: Docket No. FAA–2013–0704. modification inspections for cracking of Nathan Weigand, Aerospace Engineer, FAA’s Determination the lower spar web and chord; and Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, applicable corrective actions. We are We are proposing this AD because we proposing this AD to prevent cracked 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6428; fax: evaluated all the relevant information chords and web on certain outboard and determined the unsafe condition struts, which, if the chord severs, could 425–917–6590; email: [email protected]. described previously is likely to exist or result in reduced structural integrity of develop in other products of these same the diagonal brace load path and of the SUPPLEMENTARY INFORMATION: type design. strut-to-wing attachment, and consequent separation of a strut and Comments Invited Proposed AD Requirements engine from the airplane during flight. We invite you to send any written This proposed AD would require DATES: relevant data, views, or arguments about We must receive comments on accomplishing the actions specified in this proposed AD by October 15, 2013. this proposal. Send your comments to the service information identified an address listed under the ADDRESSES ADDRESSES: You may send comments, previously, except as discussed under section. Include ‘‘Docket No. FAA– using the procedures found in 14 CFR ‘‘Differences Between the Proposed AD 2013–0704; Directorate Identifier 2013– 11.43 and 11.45, by any of the following and the Service Information.’’ methods: NM–074–AD’’ at the beginning of your • Federal eRulemaking Portal: Go to comments. We specifically invite The phrase ‘‘corrective actions’’ is http://www.regulations.gov. Follow the comments on the overall regulatory, used in this proposed AD. ‘‘Corrective instructions for submitting comments. economic, environmental, and energy actions’’ are actions that correct or • Fax: 202–493–2251. aspects of this proposed AD. We will address any condition found. Corrective • Mail: U.S. Department of consider all comments received by the actions in an AD could include, for Transportation, Docket Operations, M– closing date and may amend this example, repairs.

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Differences Between the Proposed AD • In accordance with a method that we have authorized to make those and the Service Information we approve; or findings. The service bulletin specifies to • Using data that meet the Costs of Compliance contact the manufacturer for certification basis of the airplane, and instructions on how to repair certain that have been approved by the Boeing We estimate that this proposed AD conditions, but this proposed AD would Commercial Airplanes Organization affects 25 airplanes of U.S. registry. require repairing those conditions in Designation Authorization (ODA) whom We estimate the following costs to one of the following ways: comply with this proposed AD:

ESTIMATED COSTS

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

Inspections ...... 27 work-hours × $85 per hour = $2,295 per in- $0 $2,295 per inspection $57,375 per inspection spection cycle. cycle. cycle. Modification ...... 11 work-hours × $85 per hour = $935 ...... 95 1,030 ...... 25,750. Post Modification In- 27 work-hours × $85 per hour = $2,295 per in- 0 2,295 per inspection $57,375 per inspection spection. spection cycle. cycle. cycle.

We have received no definitive data (3) Will not affect intrastate aviation (d) Subject that would enable us to provide cost in Alaska, and Joint Aircraft System Component (JASC)/ estimates for the on-condition actions (4) Will not have a significant Air Transport Association (ATA) of America Code 54, Nacelles/Pylons. specified in this proposed AD. economic impact, positive or negative, Authority for This Rulemaking on a substantial number of small entities (e) Unsafe Condition under the criteria of the Regulatory Title 49 of the United States Code This AD was prompted by reports of cracks Flexibility Act. of both lower chords and web on certain specifies the FAA’s authority to issue outboard struts. We are issuing this AD to rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39 prevent cracked chords and web on certain section 106, describes the authority of outboard struts, which, if the chord severs, the FAA Administrator. Subtitle VII: Air transportation, Aircraft, Aviation could result in reduced structural integrity of Aviation Programs, describes in more safety, Incorporation by reference, the diagonal brace load path and of the strut- detail the scope of the Agency’s Safety. to-wing attachment, and consequent authority. separation of a strut and engine from the The Proposed Amendment airplane during flight. We are issuing this rulemaking under the authority described in Subtitle VII, Accordingly, under the authority (f) Compliance Part A, Subpart III, Section 44701: delegated to me by the Administrator, Comply with this AD within the ‘‘General requirements.’’ Under that the FAA proposes to amend 14 CFR part compliance times specified, unless already section, Congress charges the FAA with 39 as follows: done. promoting safe flight of civil aircraft in (g) Initial and Repetitive Inspections PART 39—AIRWORTHINESS air commerce by prescribing regulations (1) Except as required by paragraph (j)(1) for practices, methods, and procedures DIRECTIVES of this AD, at the compliance time specified the Administrator finds necessary for in table 1 of paragraph 1.E., ‘‘Compliance,’’ safety in air commerce. This regulation ■ 1. The authority citation for part 39 of Boeing Alert Service Bulletin 747– is within the scope of that authority continues to read as follows: 54A2237, dated March 14, 2013: Do a because it addresses an unsafe condition detailed inspection for cracking of the lower Authority: 49 U.S.C. 106(g), 40113, 44701. that is likely to exist or develop on spar chords and web, a high frequency eddy products identified in this rulemaking current (HFEC) inspection for cracking of the § 39.13 [Amended] lower spar chords, and all applicable repairs action. ■ 2. The FAA amends § 39.13 by adding and modifications, in accordance with the Regulatory Findings the following new airworthiness Accomplishment Instructions of Boeing Alert Service Bulletin 747–54A2237, dated March We determined that this proposed AD directive (AD): 14, 2013, except as required by paragraph would not have federalism implications The Boeing Company: Docket No. FAA– (j)(2) of this AD. If no cracking is found, under Executive Order 13132. This 2013–0704; Directorate Identifier 2013– repeat the inspections thereafter at intervals proposed AD would not have a NM–074–AD. not to exceed 600 flight cycles, until the substantial direct effect on the States, on actions specified in paragraph (h) of this AD (a) Comments Due Date have been accomplished. Do all applicable the relationship between the national corrective actions before further flight. Government and the States, or on the We must receive comments by October 15, 2013. Accomplishing a repair and modification, distribution of power and including open-hole HFEC inspections for responsibilities among the various (b) Affected ADs cracking and applicable corrective actions levels of government. None. required by this paragraph terminates the For the reasons discussed above, I actions required by paragraphs (g) and (h) of certify this proposed regulation: (c) Applicability this AD for the repaired and modified strut only. The open-hole HFEC inspection for (1) Is not a ‘‘significant regulatory This AD applies to The Boeing Company action’’ under Executive Order 12866, cracking must be done before the Model 747–200B, 747–200C, 747–200F, 747– modification. (2) Is not a ‘‘significant rule’’ under 300, and 747SR series airplanes, certificated the DOT Regulatory Policies and in any category, as identified in Boeing Alert (h) Inspection and Modification Procedures (44 FR 11034, February 26, Service Bulletin 747–54A2237, dated March Except as required by paragraph (j)(1) of 1979), 14, 2013. this AD, at the compliance time specified in

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paragraph 1.E., ‘‘Compliance,’’ of Boeing Boeing Commercial Airplanes Organization discrepancies on certain AC generator Alert Service Bulletin 747–54A2237, dated Designation Authorization (ODA) that has mounting adapters, and replacing March 14, 2013: Do a detailed inspection for been authorized by the Manager, Seattle discrepant adapters with serviceable cracking of the lower spar chords and web, ACO, to make those findings. For a repair ones. This proposed AD would also an HFEC inspection for cracking of the lower method to be approved, the repair must meet spar chords, a lower spar chord modification, the certification basis of the airplane, and the require revising the maintenance including open-hole HFEC inspections for approval must specifically refer to this AD. program to incorporate a repetitive task cracking in the chord and all applicable specified in certain temporary revisions. corrective actions, in accordance with the (l) Related Information We are proposing this AD to detect and Accomplishment Instructions of Boeing Alert (1) For more information about this AD, correct corrosion in the AC generator Service Bulletin 747–54A2237, dated March contact Nathan Weigand, Aerospace mounting plate, which could result in a 14, 2013, except as required by paragraph Engineer, Airframe Branch, ANM–120S, gap between the AC generator and the (j)(2) of this AD. Do all applicable corrective FAA, Seattle Aircraft Certification Office, actions before further flight. Doing the 1601 Lind Avenue SW., Renton, WA 98057– generator mounting plate, and cause actions specified in this paragraph terminates 3356; phone: 425–917–6428; fax: 425–917– loss of engine oil and consequent engine the requirements of paragraph (g) of this AD 6590; email: [email protected]. failure. for the modified strut only. The open-hole (2) For service information identified in DATES: We must receive comments on HFEC inspection for cracking must be done this AD, contact Boeing Commercial this proposed AD by October 15, 2013 before the modification. Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, ADDRESSES: You may send comments by (i) Post Modification Repetitive Inspections Seattle, WA 98124–2207; telephone 206– any of the following methods: For airplanes on which a modification 544–5000, extension 1; fax 206–766–5680; • Federal eRulemaking Portal: Go to required by paragraph (g) or (h) of this AD Internet https://www.myboeingfleet.com. You http://www.regulations.gov. Follow the has been done: At the compliance time may review copies of the referenced service instructions for submitting comments. specified in table 2 of paragraph 1.E., information at the FAA, Transport Airplane • Fax: (202) 493–2251. ‘‘Compliance,’’ of Boeing Alert Service Directorate, 1601 Lind Avenue SW., Renton, • Mail: U.S. Department of Bulletin 747–54A2237, dated March 14, Washington. For information on the Transportation, Docket Operations, M– 2013, do a detailed inspection for any availability of this material at the FAA, call 30, West Building Ground Floor, Room cracking of the lower spar web and chord, 425–227–1221. and do all applicable corrective actions, in W12–140, 1200 New Jersey Avenue SE., accordance with the Accomplishment Issued in Renton, Washington, on August Washington, DC 20590. Instructions of Boeing Alert Service Bulletin 21, 2013. • Hand Delivery: U.S. Department of 747–54A2237, dated March 14, 2013, except Stephen P. Boyd, Transportation, Docket Operations, M– as required by paragraph (j)(2) of this AD. Acting Manager, Transport Airplane 30, West Building Ground Floor, Room Repeat the inspection thereafter at intervals Directorate, Aircraft Certification Service. W12–140, 1200 New Jersey Avenue SE., not to exceed 18 months. Do all applicable Washington, DC, between 9 a.m. and 5 [FR Doc. 2013–20969 Filed 8–27–13; 8:45 am] corrective actions before further flight. p.m., Monday through Friday, except BILLING CODE 4910–13–P (j) Exceptions Federal holidays. (1) Where Boeing Alert Service Bulletin For service information identified in 747–54A2237, dated March 14, 2013, DEPARTMENT OF TRANSPORTATION this proposed AD, contact Bombardier, specifies a compliance time after the original Inc., Q-Series Technical Help Desk, 123 issue date on the service bulletin, this AD Federal Aviation Administration Garratt Boulevard, Toronto, Ontario requires compliance within the specified M3K 1Y5, Canada; telephone 416–375– compliance time after the effective date of 4000; fax 416–375–4539; email this AD. 14 CFR Part 39 (2) Where Boeing Alert Service Bulletin [email protected]; [Docket No. FAA–2013–0703; Directorate Internet http://www.bombardier.com. 747–54A2237, dated March 14, 2013, Identifier 2013–NM–004–AD] specifies to contact Boeing for appropriate You may review copies of the action: Before further flight, repair the crack RIN 2120–AA64 referenced service information at the using a method approved in accordance with FAA, Transport Airplane Directorate, the procedures specified in paragraph (k) of Airworthiness Directives; Bombardier, 1601 Lind Avenue SW., Renton, WA. this AD. Inc. Airplanes For information on the availability of (k) Alternative Methods of Compliance AGENCY: Federal Aviation this material at the FAA, call 425–227– (AMOCs) Administration (FAA), DOT. 1221. (1) The Manager, Seattle Aircraft ACTION: Notice of proposed rulemaking Examining the AD Docket Certification Office, FAA, has the authority to (NPRM). approve AMOCs for this AD, if requested You may examine the AD docket on using the procedures found in 14 CFR 39.19. SUMMARY: We propose to adopt a new the Internet at http:// In accordance with 14 CFR 39.19, send your airworthiness directive (AD) for certain www.regulations.gov; or in person at the request to your principal inspector or local Bombardier, Inc. Model DHC–8–102, Docket Operations office between 9 a.m. Flight Standards District Office, as –103, –106, –201, –202, –301, –311, and and 5 p.m., Monday through Friday, appropriate. If sending information directly except Federal holidays. The AD docket to the manager of the ACO, send it to the –315 series airplanes. This proposed AD attention of the person identified in the was prompted by a report of a pilot contains this proposed AD, the Related Information section of this AD. commanding an in-flight engine shut regulatory evaluation, any comments Information may be emailed to: 9–ANM- down in response to a low oil pressure received, and other information. The Seattle-ACO–[email protected]. warning indication. Further street address for the Docket Operations (2) Before using any approved AMOC, investigation revealed the mounting office (telephone (800) 647–5527) is in notify your appropriate principal inspector, studs in the engine mounted alternating the ADDRESSES section. Comments will or lacking a principal inspector, the manager current (AC) generator mounting plate be available in the AD docket shortly of the local flight standards district office/ after receipt. certificate holding district office. were pulled out of position and the (3) An AMOC that provides an acceptable threaded interface in the plate was FOR FURTHER INFORMATION CONTACT: level of safety may be used for any repair corroded. This proposed AD would Assata Dessaline, Aerospace Engineer, required by this AD if it is approved by the require repetitive inspections for Avionics and Flight Test Branch, ANE–

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172, FAA, New York Aircraft Relevant Service Information We also estimate that it would take Certification Office, 1600 Stewart Bombardier has issued the following about 5 work-hours per product to Avenue, Suite 410, Westbury, New York service information: comply with the basic requirements of 11590; telephone (516) 228–7301; fax • Bombardier Service Bulletin 8–24– this proposed AD. The average labor (516) 794–5531. 88, dated December 13, 2011. rate is $85 per work-hour. Required SUPPLEMENTARY INFORMATION: • de Havilland Dash 8 Series 100 parts would cost about $4,000 per product. Where the service information Comments Invited Temporary Revision MRB–153, dated July 10, 2012, Part 1 Section 2–Systems, lists required parts costs that are We invite you to send any written of the de Havilland Dash 8 Series 100 covered under warranty, we have relevant data, views, or arguments about Maintenance Program Manual PSM 1– assumed that there will be no charge for this proposed AD. Send your comments 8–7 MRB Report. these parts. As we do not control to an address listed under the • de Havilland Dash 8 Series 200 warranty coverage for affected parties, ADDRESSES section. Include ‘‘Docket No. Temporary Revision MRB 2–31, dated some parties may incur costs higher FAA–2013–0703; Directorate Identifier July 10, 2012, Part 1 Section 2–Systems than estimated here. Based on these 2013–NM–004–AD’’ at the beginning of of the de Havilland Dash 8 Series 200 figures, we estimate the cost of the your comments. We specifically invite Maintenance Program Manual PSM 1– proposed AD on U.S. operators to be comments on the overall regulatory, 82–7 MRB Report. $389,400, or $4,425 per product. We have received no definitive data economic, environmental, and energy • de Havilland Dash 8 Series 300 that would enable us to provide cost aspects of this proposed AD. We will Temporary Revision MRB 3–162, dated estimates for the on-condition actions consider all comments received by the July 10, 2012, Part 1 Section 2–Systems specified in this proposed AD. closing date and may amend this of the de Havilland Dash 8 Series 300 proposed AD based on those comments. Maintenance Program Manual PSM 1– Authority for This Rulemaking We will post all comments we 83–7 MRB Report. receive, without change, to http:// Title 49 of the United States Code The actions described in this service specifies the FAA’s authority to issue www.regulations.gov, including any information are intended to correct the personal information you provide. We rules on aviation safety. Subtitle I, unsafe condition identified in the section 106, describes the authority of will also post a report summarizing each MCAI. substantive verbal contact we receive the FAA Administrator. ‘‘Subtitle VII: about this proposed AD. FAA’s Determination and Requirements Aviation Programs,’’ describes in more of This Proposed AD detail the scope of the Agency’s Discussion authority. This product has been approved by We are issuing this rulemaking under Transport Canada Civil Aviation the aviation authority of another (TCCA), which is the aviation authority the authority described in ‘‘Subtitle VII, country, and is approved for operation Part A, Subpart III, Section 44701: for Canada, has issued Canadian in the United States. Pursuant to our Airworthiness Directive, CF–2012–29, General requirements.’’ Under that bilateral agreement with the State of section, Congress charges the FAA with dated November 22, 2012 (referred to Design Authority, we have been notified after this as the Mandatory Continuing promoting safe flight of civil aircraft in of the unsafe condition described in the air commerce by prescribing regulations Airworthiness Information, or ‘‘the MCAI and service information MCAI’’), to correct an unsafe condition for practices, methods, and procedures referenced above. We are proposing this the Administrator finds necessary for for the specified products. The MCAI AD because we evaluated all pertinent states: safety in air commerce. This regulation information and determined an unsafe is within the scope of that authority An incident has been reported on the condition exists and is likely to exist or because it addresses an unsafe condition DHC–8 aeroplane of a pilot commanded in- develop on other products of the same that is likely to exist or develop on flight engine shut down in response to a[n] type design. engine low oil pressure warning indication. products identified in this rulemaking This AD requires revisions to certain action. Further investigation revealed the operator maintenance documents to mounting studs in the engine mounted AC include new actions (e.g., inspections). Regulatory Findings generator mounting plate were pulled out of position and the threaded interface in the Compliance with these inspections is We determined that this proposed AD plate corroded. This resulted in a gap required by 14 CFR 91.403(c). For would not have federalism implications between the AC generator and the generator airplanes that have been previously under Executive Order 13132. This mounting plate, leading to the loss of engine modified, altered, or repaired in the proposed AD would not have a oil and the ensuing illumination of the areas addressed by these actions, the substantial direct effect on the States, on associated engine low oil pressure warning operator may not be able to accomplish the relationship between the national indication. the inspections described in the Government and the States, or on the To ensure the integrity of the affected revisions. In this situation, to comply distribution of power and units, Part I of this [TCCA] AD mandates an with 14 CFR 91.403(c), the operator [general visual and mechanical] inspection of responsibilities among the various the affected AC generator mounting adapters must request approval for an alternative levels of government. part numbers (P/N) 31708–500 or 31708–501, method of compliance according to For the reasons discussed above, I and, as applicable, replacement with new or paragraph (j)(1) of this AD. The request certify this proposed regulation: serviceable mounting plates. should include a description of changes 1. Is not a ‘‘significant regulatory Part II of this [TCCA] AD mandates the to the required inspections that will action’’ under Executive Order 12866; incorporation of a repeat Maintenance ensure the continued operational safety 2. Is not a ‘‘significant rule’’ under the Review Board (MRB) inspection applicable to of the airplane. DOT Regulatory Policies and Procedures the replacement of the AC generator (44 FR 11034, February 26, 1979); Costs of Compliance mounting adapters P/Ns 31708–510 or 3. Will not affect intrastate aviation in 31708–511 only. Based on the service information, we Alaska; and You may obtain further information by estimate that this proposed AD would 4. Will not have a significant examining the MCAI in the AD docket. affect about 88 products of U.S. registry. economic impact, positive or negative,

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on a substantial number of small entities (g) Inspection and Removal of AC Generator Havilland Dash 8 Series 300 Maintenance under the criteria of the Regulatory Mounting Adaptor Program Manual PSM 1–83–7 MRB Report. Flexibility Act. Within 6,000 flight hours or 36 months or (i) No Alternative Actions or Intervals when the AC generator is removed for We prepared a regulatory evaluation After accomplishing the revision required service, whichever occurs first, after the by paragraph (h) of this AD, no alternative of the estimated costs to comply with effective date of this AD: Do a general visual actions (e.g., inspections) or intervals may be this proposed AD and placed it in the inspection and a mechanical inspection for used, unless the actions and intervals are AD docket. discrepancies (i.e., damage, corrosion, and approved as an AMOC in accordance with failed mechanical inspection) on AC List of Subjects in 14 CFR Part 39 the procedures specified in paragraph (j)(1) of generator mounting adapters having P/N this AD. Air transportation, Aircraft, Aviation 31708–500 and P/N 31708–501, in safety, Incorporation by reference, accordance with the Accomplishment (j) Other FAA AD Provisions Instructions of Bombardier Service Bulletin Safety. The following provisions also apply to this 8–24–88, dated December 13, 2011. If any AD: The Proposed Amendment discrepancy (i.e., damage, corrosion, or failed (1) Alternative Methods of Compliance mechanical inspection) is found, before (AMOCs): The Manager, New York Aircraft Accordingly, under the authority further flight replace the AC generator Certification Office (ACO), ANE–170, FAA, delegated to me by the Administrator, mounting adapter with a serviceable has the authority to approve AMOCs for this the FAA proposes to amend 14 CFR part mounting adapter having P/N 31708–510, P/ AD, if requested using the procedures found 39 as follows: N 31708–511, P/N 31708–500, or 31708–501, in 14 CFR 39.19. In accordance with 14 CFR in accordance with the Accomplishment 39.19, send your request to your principal PART 39—AIRWORTHINESS Instructions of Bombardier Service Bulletin inspector or local Flight Standards District 8–24–88, dated December 13, 2011. DIRECTIVES Office, as appropriate. If sending information (1) For in-service mounting adapters that directly to the ACO, send it to ATTN: have P/N 31708–500 or P/N 31708–501, ■ Program Manager, Continuing Operational 1. The authority citation for part 39 repeat the general visual and mechanical Safety, FAA, New York ACO, 1600 Stewart continues to read as follows: inspection thereafter at intervals not to Avenue, Suite 410, Westbury, New York exceed 6,000 flight hours or 36 months after Authority: 49 U.S.C. 106(g), 40113, 44701. 11590; telephone 516–228–7300; fax 516– the most recent inspection or when the AC 794–5531. Before using any approved AMOC, § 39.13 [Amended] generator is removed for service, whichever notify your appropriate principal inspector, occurs first. ■ or lacking a principal inspector, the manager 2. The FAA amends § 39.13 by adding (2) For airplanes having AC generator of the local flight standards district office/ the following new AD: mounting adapters that have P/N 31708–500 certificate holding district office. The AMOC or 31708–501: Within the later of the times Bombardier, Inc.: Docket No. FAA–2013– approval letter must specifically reference specified in paragraphs (g)(2)(i) and (g)(2)(ii) 0703; Directorate Identifier 2013–NM– this AD. of this AD, replace the AC generator 004–AD. (2) Airworthy Product: For any requirement mounting adapter with a new AC generator in this AD to obtain corrective actions from (a) Comments Due Date mounting adapter having P/N 31708–510 or a manufacturer or other source, use these We must receive comments by October 15, 31708–511. actions if they are FAA-approved. Corrective 2013. (i) Before the accumulation of 120 months actions are considered FAA-approved if they on the part. are approved by the State of Design Authority (b) Affected ADs (ii) Within 12 months or 2,000 flight hours (or their delegated agent). You are required None. or when the generator is removed from to ensure the product is airworthy before it service, whichever occurs first, after the is returned to service. (c) Applicability effective date of the AD. (k) Related Information This AD applies to Bombardier, Inc. Model (h) Airplane Maintenance Program Revision DHC–8–102, –103, –106, –201, –202, –301, (1) Refer to Mandatory Continuing –311, and –315 series airplanes; certificated For airplanes having AC generator Airworthiness Information (MCAI) Canadian in any category; serial numbers 019 through mounting adapters that have P/N 31708–510 Airworthiness Directive CF–2012–29, dated 672 inclusive. or 31708–511: Within 30 days after the November 22, 2012, and the service effective date of this AD, revise the airplane information specified in paragraphs (l)(1)(i) (d) Subject maintenance program by incorporating MRB through (l)(1)(iv) of this AD, for related Air Transport Association (ATA) of Task 2420/14 in the applicable maintenance information. America Code 24, Electrical Power. program manual specified in paragraph (i) Bombardier Service Bulletin 8–24–88, (h)(1), (h)(2), or (h)(3) of this AD. The initial dated December 13, 2011. (e) Reason compliance time for MRB Task 2420/14 is (ii) de Havilland Dash 8 Series 100 This AD was prompted by a report of a prior to the accumulation of 10,000 total Temporary Revision MRB–153, dated July 10, pilot commanding an in-flight engine shut flight hours or within 60 months since 2012, Part 1 Section 2–Systems, of the de down in response to a low oil pressure installation of the part, whichever occurs Havilland Dash 8 Series 100 Maintenance warning indication. Further investigation first. Program Manual PSM 1–8–7 MRB Report. revealed the mounting studs in the engine (1) For Model DHC–8–102, –103, and –106 (iii) de Havilland Dash 8 Series 200 mounted alternating current (AC) generator airplanes: de Havilland Dash 8 Series 100 Temporary Revision MRB 2–31, dated July mounting plate were pulled out of position Temporary Revision MRB–153, dated July 10, 10, 2012, Part 1 Section 2–Systems of the de and the threaded interface in the plate 2012, Part 1 Section 2—Systems, of the de Havilland Dash 8 Series 200 Maintenance corroded. We are issuing this AD to detect Havilland Dash 8 Series 100 Maintenance Program Manual PSM 1–82–7 MRB Report. and correct corrosion in the AC generator Program Manual PSM 1–8–7 MRB Report. (iv) de Havilland Dash 8 Series 300 mounting plate, which could result in a gap (2) For Model DHC–8–201 and –202 Temporary Revision MRB 3–162, dated July between the AC generator and the generator airplanes: de Havilland Dash 8 Series 200 10, 2012, Part 1 Section 2–Systems of the de mounting plate, and cause loss of engine oil Temporary Revision MRB 2–31, dated July Havilland Dash 8 Series 300 Maintenance and consequent engine failure. 10, 2012, Part 1 Section 2—Systems of the de Program Manual PSM 1–83–7 MRB Report. Havilland Dash 8 Series 200 Maintenance (2) For service information identified in (f) Compliance Program Manual PSM 1–82–7 MRB Report. this AD, contact Bombardier, Inc., Q-Series You are responsible for having the actions (3) For Model DHC–8–301, –311, and –315 Technical Help Desk, 123 Garratt Boulevard, required by this AD performed within the airplanes: de Havilland Dash 8 Series 300 Toronto, Ontario M3K 1Y5, Canada; compliance times specified, unless the Temporary Revision MRB 3–162, dated July telephone 416–375–4000; fax 416–375–4539; actions have already been done. 10, 2012, Part 1 Section 2—Systems of the de email [email protected];

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Internet http://www.bombardier.com. You DEPARTMENT OF THE INTERIOR Officer for the Department of the may review copies of the referenced service Interior at OIRA_submission@ information at the FAA, Transport Airplane Bureau of Indian Affairs omb.eop.gov. Please send a copy of your Directorate, 1601 Lind Avenue SW., Renton, comments to the person listed in the WA. For information on the availability of 25 CFR Part 226 FOR FURTHER INFORMATION CONTACT this material at the FAA, call 425–227–1221. section of this notice. [BIA–2013–0003; 134/A0A511010/ Issued in Renton, Washington, on August AAK1001000] FOR FURTHER INFORMATION CONTACT: Mr. 21, 2013. Eddie Streater, Designated Federal RIN 1076–AF17 Stephen P. Boyd, Officer, Bureau of Indian Affairs, P.O. Box 8002, Muscogee, OK 74402; Acting Manager, Transport Airplane Leasing of Osage Reservation Lands Directorate, Aircraft Certification Service. telephone (918) 781–4608; fax (918) for Oil and Gas Mining 718–4604; or email osageregneg@ [FR Doc. 2013–20968 Filed 8–27–13; 8:45 am] AGENCY bia.gov. Additional information on the BILLING CODE 4910–13–P : Bureau of Indian Affairs, Interior. negotiated rulemaking can be found at: http://www.bia.gov/osageregneg. ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: PEACE CORPS SUMMARY: The Bureau of Indian Affairs I. Executive Summary of Rule is proposing to revise the regulations This rule updates the oil and gas 22 CFR Part 303 addressing oil and gas mining on reservation land of the Osage Nation. regulations governing Osage County. It This rule updates the leasing procedures is intended to strengthen the RIN 0420–AA29 and rental, production, and royalties management and administration of the requirements for oil and gas on Osage Osage mineral estate for the benefit of Freedom of Information Act the Osage. These provisions provide Administration Mineral lands and is the result of a negotiated rulemaking. updated reporting and inspection requirements, further specify lessee DATES: AGENCY: Peace Corps. Comments on this proposed rule obligations with respect to operations, must be received by October 28, 2013. ACTION: Proposed rule; correction. revise royalty rate calculations and Comments on the information update the amounts for bonds, fines and collections contained in this proposed penalties. SUMMARY: The Peace Corps is correcting regulation are separate from those on a typographical error in a proposed rule the substance of the rule. Comments on II. Background that appeared in the Federal Register of the information collection burden On October 14, 2011, the United August 7, 2013. The proposed rule should be received by September 27, States and the Osage Nation (formerly updates Peace Corps regulations on the 2013 to ensure consideration, but must known as the Osage Tribe) signed a Freedom of Information Act (FOIA) to be received no later than October 28, Settlement Agreement to resolve implement guidance given by the 2013. litigation regarding alleged President and the Attorney General mismanagement of the Osage Nation’s regarding discretionary disclosures of ADDRESSES: You may submit comments by any of the following methods: oil and gas mineral estate, among other records or information exempt from claims. In the Settlement Agreement, —Federal rulemaking portal: The rule is disclosure under the FOIA, whenever the parties agreed that it would be listed under the agency name ‘‘Bureau disclosure would not foreseeably harm mutually beneficial ‘‘to address means of Indian Affairs’’ and has been an interest protected by a FOIA of improving the trust management of assigned Docket ID ‘‘BIA–2013–0003’’ exemption. The proposed rule is based the Osage Mineral Estate, the Osage at http://www.regulations.gov. on language used by Department of Tribal Trust Account, and Other Osage —Email: [email protected]. Include Justice in its FOIA regulations. Accounts.’’ The parties agreed that a the number 1076–AF17 in the subject Additionally, the proposed rule deletes review and revision of the existing line of the message. unnecessary and superfluous language regulations is warranted to better assist and ensures the rule is consistent with —Mail or hand-delivery: Mr. Eddie the Bureau of Indian Affairs (BIA) in current law. Streater, Designated Federal Officer, managing the Osage Mineral Estate. The Bureau of Indian Affairs, P.O. Box parties agreed to engage in a negotiated FOR FURTHER INFORMATION CONTACT: 8002, Muscogee, OK 74402. Include Anne Passmore, 202–692–2164. rulemaking for this purpose. For the number 1076–AF17 on the outer additional information on the negotiated Correction envelope. rulemaking, please visit http:// We cannot ensure that comments www.bia.gov/osageregneg/. The In proposed rule FR Doc. 2013–19050 received after the close of the comment Committee submitted its report to BIA published on August 7, 2013 (78 FR period (see DATES) will be included in on April 25, 2013. BIA has based this 48083), make the following correction: the docket for this rulemaking and proposed rule on the report. On page 48084, in the third column, considered. Comments sent to an third paragraph, in § 303.10(c)(2)(ii), address other than those listed above III. Detailed Explanation of Revisions remove ‘‘Executive Order 13525’’ and will not be included in the docket for This rule revises 25 CFR part 226 by add ‘‘Executive Order 13526’’ in its this rulemaking. changing all references to the ‘‘Osage place. Comments on the information Tribal Council’’ to the ‘‘Osage Minerals Dated: August 22, 2013. collections contained in this proposed Council’’ because the Osage Tribal regulation are separate from those on Council no longer exists and the Osage Garry W. Stanberry, the substance of the rule. Send Minerals Council has the authority to Deputy Associate Director, Management. comments on the information collection make decisions regarding the Osage [FR Doc. 2013–20926 Filed 8–27–13; 8:45 am] burden to OMB by facsimile to (202) minerals estate. To avoid confusion in BILLING CODE 6051–01–P 395–5806 or email to the OMB Desk terminology, this rule changes all

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references to ‘‘lease cancellation’’ to • Adds the phrase ‘‘or an authorized • Adds new definitions for ‘‘lease termination,’’ unless it is a representative’’ to all lessee definitions ‘‘avoidably lost,’’ ‘‘condensate,’’ voluntary lease cancellation by a lessee. to clarify that an authorized ‘‘drainage,’’ ‘‘marketable condition,’’ In addition, this rule adds the term representative of a lessee is bound by ‘‘maximum ultimate economic ‘‘other marketable product’’ to the the regulations; recovery,’’ ‘‘natural gas liquids,’’ ‘‘notice to lessee,’’ ‘‘onshore oil and gas order,’’ regulations to ensure that the • Deletes the definition of ‘‘major regulations do not leave a gap as to ‘‘other marketable product,’’ purchaser’’ because it is no longer other minerals. ‘‘production in paying quantities,’’ and necessary due to changes in the In § 226.1, this rule: ‘‘waste of oil and gas or other provisions dealing with royalty marketable product’’ to define new • Inserts definition of ‘‘lease’’ because payments; terms being introduced in the proposed the prior regulations did not include a • Combines the definitions for regulations. definition; ‘‘casinghead gas’’ and ‘‘natural gas’’ for This rule also adds new sections and • Changes references to a ‘‘contract’’ simplification to make one new redesignates other sections, as shown in or ‘‘agreement’’ to ‘‘lease’’; definition of ‘‘raw natural gas’’ or ‘‘gas’’; the table below.

Current 25 CFR Proposed section section Proposed change

N/A ...... 226.2 (New) ...... Clarifies what requirements govern oil and gas activities in Osage County. N/A ...... 226.3 (New) ...... Clarifies the types of notices and orders BIA can issue. N/A ...... 226.4 (New) ...... More clearly delineates and specifies the responsibilities of the Superintendent with respect to manage- ment and administration of the Osage mineral estate. 226.2 ...... 226.5 ...... Breaks each current requirement into its own paragraph for readability and extends the time for a suc- cessful bidder to deposit his payment; requires that payment be made in a specified form other than cash; increases the filing fee for submitting a completed lease form; enumerates the circumstances in which a portion of the bonus bid will be forfeited; requires that the Superintendent post legal descrip- tions within 30 days of a lease sale; and allows the Osage Minerals Council to request comparables from the Superintendent for lease sales. 226.3 ...... 226.6 ...... Increases the filing fee. 226.4 ...... 226.7 ...... Amends the provision to allow the Superintendent to specify how and where payment is made. 226.5 ...... 226.8 ...... (No substantive change.) 226.6 ...... 226.9 ...... Amends the current provision to allow personal bonds as well as surety bonds and specifies the require- ments for personal and surety bonds; the bonding amount was changed from a per lease area bond to requiring that a $5,000 per well bond is required for up to 25 wells. 226.6(d) ...... 226.10 ...... Moves provision allowing the Superintendent to increase the amount of a required bond to its own section. Clarifies the conditions for increasing a bond. N/A ...... 226.11 (New) .... Specifies the circumstances in which the Superintendent must release a bond. 226.7 ...... 226.12 ...... (No substantive change.) 226.8 ...... 226.13 ...... (No substantive change.) 226.9 ...... 226.14 ...... Increases rental rates; clarifies the lessee’s responsibility for diligent development; adds new procedures for determining diligent development of a lease; and adds in new procedures for automatic termination of a lease for failure to diligently develop. N/A ...... 226.15 (New) .... Sets forth the lessee’s obligation relating to drainage, which is not included in the current regulations. N/A ...... 226.16 (New) .... Specifies the Superintendent’s remedies when drainage has occurred. 226.10 ...... 226.17 ...... (No substantive change.) 226.11 ...... (See below) ...... Divides into several new sections for simplicity and readability, as shown below. 226.11(a) ...... 226.18 ...... Amends the royalty rate calculation for oil, subject to a price adjustment for gravity. 226.11(a) ...... 226.19 ...... Specifies how the gravity adjustment is calculated. 226.11(b) ...... 226.20 ...... Amends the royalty rate calculation for gas and specifies how gross proceeds are calculated. N/A ...... 226.21 ...... Provides that royalty is due on all oil and gas avoidably lost and sets forth the procedure for such deter- mination. 226.11(c) ...... 226.22 ...... Amends the date for payment of royalty and adds a new provision for adjusting minimum royalty. N/A ...... 226.23 (New) .... Addresses minimum royalty for other marketable products. 226.12 ...... 226.24 ...... Amends the references to royalty consistent with the new proposed changes. 226.13(a) ...... 226.25 ...... Describes how royalty payments are made, extends the deadline for reporting, and adds a provision al- lowing the Superintendent to set an alternative rate for late charges after consultation with the Osage Minerals Council. 226.13(b) ...... 226.26 ...... Describes what reports are required to be submitted to the Superintendent and adds new provisions fur- ther specifying the format of reports and information required to be submitted and includes a new provi- sion requiring that the Osage Minerals Council receive copies of reports. 226.14 ...... 226.27 ...... Extends the due date in paragraph (b) for a purchaser to submit reporting statement for oil and gas sold. 226.15 ...... (See below) ...... Divides in to several new sections for simplicity and readability, as shown below. 226.15(a) ...... 226.28 ...... (No substantive change.) 226.15(b) ...... 226.29 ...... (No substantive change.) 226.15(c) ...... 226.30 ...... (No substantive change.) 226.15(d) ...... 226.31 ...... (No substantive change.) 226.15(e) ...... 226.32 ...... (No substantive change.) N/A ...... 226.33 (New) .... More clearly specifies the general requirements governing leasing operations. 226.16 ...... 226.34 ...... (No substantive change.) 226.17 ...... 226.35 ...... (No substantive change.) 226.18 ...... 226.36 ...... Reformats for readability; adds new requirements for notice to surface owners before conducting certain activities; deletes the requirements for notice depending on surface owner residence; and applies new uniform standards regardless of residence within or outside Osage County. 226.19(a) ...... 226.37 ...... (No substantive change.)

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Current 25 CFR Proposed section section Proposed change

226.19(b), (c) .... 226.38 ...... (No substantive change.) 226.19(d) ...... 226.39 ...... Increases tank siting fees and area of occupancy. 226.20 ...... 226.40 ...... (No substantive change.) 226.21 ...... 226.41 ...... (No substantive change.) N/A ...... 226.42 (New) .... Further specifies the lessee’s obligation for production. N/A ...... 226.43 (New) .... Requires documentation for transportation of oil, gas or other marketable product to enable the Super- intendent to inspect and confirm proper transportation. 226.22 ...... 226.44 ...... (No substantive change.) N/A ...... 226.45 (New) .... Further clarifies and specifies the lessee’s environmental responsibilities and obligations while conducting operations. N/A ...... 226.46 (New) .... Requires certain safety standards for lessee operations and equipment. 226.23 ...... 226.47 ...... (No substantive change.) 226.24 ...... 226.48 ...... (No substantive change.) 226.25 ...... 226.49 ...... Deletes the requirements that wells be plugged if no apportionment agreement is accepted, making the Superintendent’s decision on apportionment final. 226.26 ...... 226.50 ...... (No substantive change.) 226.27 ...... 226.51 ...... Adds a general provision to require that gas used by the tribe must be odorized and treated to ensure human and public safety. 226.28 ...... 226.52 ...... (No substantive change.) 226.29 ...... 226.53 ...... Deletes the fee for submitting an application to plug a well; requires no fee. 226.30 ...... 226.54 ...... Divides paragraph (b) into two provisions, thereby adding a paragraph (c). Adds a new paragraph (d) re- quiring that lessee maintain records for a period of 6 years, unless notified to maintain certain records for a longer period. 226.31 ...... 226.55 ...... (No substantive change.) 226.32 ...... 226.56 ...... Reformats for readability. 226.33 ...... 226.57 ...... (No substantive change.) 226.34 ...... 226.58 ...... Adds a requirement that wells and tank batteries also be marked with lessee’s name. 226.35 ...... 226.59 ...... (No substantive change.) 226.36 ...... 226.60 ...... Adds new paragraphs (b)–(f) to require safety precautions for drilling wells generally, drilling vertical wells, maintaining and controlling high pressure or loss of circulation in wells, protecting fresh water and other minerals and ensuring safety and protection when hydrogen sulfide gas is present at certain levels. 226.37 ...... 226.61 ...... (No substantive change.) 226.38 ...... 226.62 ...... Adds new paragraphs (b)–(d) specifying requirements for measuring, calibrating and adjusting meters, in- cluding notice to and follow-up by the Superintendent; adds new provisions that require notification to the Superintendent when an oil tank is ready for removal or for witnessing gaugings, and adds that re- peated failures to comply with the new provisions subject the lessee to lease termination after consulta- tion with the Osage Minerals Council. 226.39 ...... 226.63 ...... Adds new paragraphs requiring measurement of gas to be done in accordance with BLM Onshore Oil and Gas Order 5, and specifying lessee’s obligations for calibrating, inspecting and adjusting meters, includ- ing notification and inspection by the Superintendent. Also, adds a provision that repeated failures to comply will subject the lease to termination after consultation with the Osage Minerals Council. 226.40 ...... 226.64 ...... (No substantive change.) N/A ...... 226.65 (New) .... Specifies safety and other requirements to ensure proper site security. 226.41 ...... 226.66 ...... Adds requirements to ensure that all reporting of incidents is done in a timely manner. 226.42 ...... 226.67 ...... Increases the fine from $500 to $1000 and adds provisions allowing for fine adjustments and termination of a lease for failure to comply with the regulations after consultation with the Osage Minerals Council. 226.43 ...... 226.68 ...... Increases fines that are currently $50 to $150; fines that are $100 to $250; fines that are $200 to $400; and fines that are $500 to $1000. Adds a new fine of $500 per day for failure to maintain adequate bonding and a new fine of up to $1000 per day (not to exceed 20 days) for failure of a transporter to carry proper documentation. 226.43(j) ...... 226.69 ...... More clearly sets forth the criminal procedures for providing false, misleading, or inaccurate information. N/A ...... 226.70 (New) .... Explains how fees and penalties are scaled, including specifying the interest rate for late fees. 226.44 ...... 226.71 ...... (No substantive change.) 226.45 ...... 226.72 ...... (No substantive change.) 226.46 ...... 226.73 ...... (No substantive change.)

The BIA invites comments on all of the • Whether proposed section 226.18 IV. Procedural Requirements proposed changes, but would also like (royalty) should include a deduction for A. Regulatory Planning and Review comments specifically addressing the transportation costs; (E.O. 12866 and 13563) following: • Whether to extend the time period • Whether the impact of changes in for automatic termination of a lease that Executive Order (E.O.) 12866 provides the regulations on existing leases as set does not produce in paying quantities that the Office of Information and forth in proposed section 226.8 (changes from 90 consecutive days to 180 Regulatory Affairs (OIRA) at the Office in regulations) needs to be clarified; consecutive days (or some other time of Management and Budget (OMB) will • Whether there should be a specific period) in proposed section 226.14 (e)(1) review all significant rules. OIRA has reference to nationwide bonding in (requirements for rental, drilling and determined that this rule is not proposed section 226.9 (bonding) and/or production). significant. comments on the current proposed E.O. 13563 reaffirms the principles of bonding amount; E.O. 12866 while calling for

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improvements in the nation’s regulatory enterprises because the rule is limited to potential effects on federally recognized system to promote predictability, to management and administration of the Indian tribes and Indian trust assets. reduce uncertainty, and to use the best, Osage mineral estate. This rule was developed by negotiated most innovative, and least burdensome rulemaking with representatives of the D. Unfunded Mandates Reform Act tools for achieving regulatory ends. The affected tribe. E.O. directs agencies to consider This rule does not impose an I. Paperwork Reduction Act regulatory approaches that reduce unfunded mandate on State, local, or burdens and maintain flexibility and tribal governments or the private sector This rule includes information freedom of choice for the public where of more than $100 million per year. The collections requiring approval under the these approaches are relevant, feasible, rule does not have a significant or Paperwork Reduction Act (PRA), 44 and consistent with regulatory unique effect on State, local, or tribal U.S.C. 3501 et seq. These information objectives. E.O. 13563 emphasizes governments or the private sector. A collections have not been approved further that regulations must be based statement containing the information previously because the last update to 25 on the best available science and that required by the Unfunded Mandates CFR part 226 was prior to amendments the rulemaking process must allow for Reform Act (2 U.S.C. 1531 et seq.) is not to the PRA subjecting these information public participation and an open required. collection requirements to OMB exchange of ideas. We have developed E. Takings (E.O. 12630) approval. this rule in a manner consistent with OMB Control Number: 1076–NEW. Under the criteria in Executive Order these requirements. This rule is also 12630, this rule does not affect Title: Leasing of Osage Reservation part of the Department’s commitment individual property rights protected by Lands for Oil and Gas Mining. under the Executive Order to reduce the the Fifth Amendment nor does it Brief Description of Collection: This number and burden of regulations and involve a compensable ‘‘taking.’’ A part contains leasing procedures and provide greater notice and clarity to the takings implication assessment is requirements and rental, production, public. therefore not required. and royalty requirements for leasing the B. Regulatory Flexibility Act reservation lands of the Osage Nation F. Federalism (E.O. 13132) for oil and gas mining. The Secretary The Department of the Interior Under the criteria in Executive Order must perform the information collection certifies that this rule will not have a 13132, this rule has no substantial direct requests in this part to obtain the significant economic effect on a effect on the States, on the relationship information necessary to complete substantial number of small entities between the national government and leasing transactions and monitor leased under the Regulatory Flexibility Act (5 the States, or on the distribution of property. Responses to these U.S.C. 601 et seq.). power and responsibilities among the information collection requests are C. Small Business Regulatory various levels of government. required to obtain a benefit (e.g., commercial transactions). Enforcement Fairness Act G. Civil Justice Reform (E.O. 12988) Type of Review: New information This rule is not a major rule under 5 This rule complies with the collection. U.S.C. 804(2), the Small Business requirements of Executive Order 12988. Respondents: Indians, businesses, and Regulatory Enforcement Fairness Act. It Specifically, this rule has been reviewed will not result in the expenditure by tribal authorities. to eliminate errors and ambiguity and Number of Respondents: 965. State, local, or tribal governments, in the written to minimize litigation; and is Frequency of Collection: On occasion. aggregate, or by the private sector, of written in clear language and contains Estimated Hours per Response: $100 million or more in any one year. clear legal standards. The rule’s requirements will not result Ranges from 15 minutes to 8 hours (see in a major increase in costs or prices for H. Consultation With Indian Tribes table below). consumers, individual industries, (E.O. 13175) Estimated Total Annual Responses: Federal, State, or local government In accordance with the President’s 14,414. agencies, or geographic regions. Nor will memorandum of April 29, 1994, Estimated Total Annual Burden this rule have significant adverse effects ‘‘Government-to-Government Relations Hours: 21,932. on competition, employment, with Native American Tribal Non-Hour Cost Burden: $496. investment, productivity, innovation, or Governments,’’ Executive Order 13175 The table showing the burden of the the ability of the U.S.-based enterprises (59 FR 22951, November 6, 2000), and information collection is included to compete with foreign-based 512 DM 2, we have evaluated the below for your information.

Annual Hourly burden Total annual Section Information collection Respondents responses per response hourly burden

226.5 ...... Lessee must submit completed lease form ...... 160 160 0 .5 80 226.9 ...... Lessee must submit bonds ...... 160 160 0 .5 80 226.13 ...... Corporate lessees must submit evidence of is offi- 150 150 0.25 * 38 cers’ authority to execute papers and a copy of its Articles of Incorporation. 226.26, 226.27(a) ...... Lessee must provide certified monthly reports cov- 700 8,400 0 .5 4,200 ering operations and on value of all oil/gas used off premises for development and operation. 226.27(b) ...... Purchaser of oil or gas to furnish statement of 45 540 0.5 270 gross barrels of oil or gross Mcf of gas sold and sales price per barrel or gross McF during the preceding month. 226.28 ...... Submit agreement to unitize or terminate unitiza- 1 1 1 1 tion of oil or gas leases to Secretary.

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Annual Hourly burden Total annual Section Information collection Respondents responses per response hourly burden

226.29 ...... Submit assignment or transfer of lease to Sec- 500 500 0 .5 250 retary. 226.34(b), 226.52 ...... Lessee must submit applications on BIA forms for 600 600 8 4,800 well drilling, treating, or workover operations, re- moving casing from well. Application to shut down or plug well, with justification. 226.36 ...... Lessee must notify and request meeting with sur- 160 160 1 160 face owners by certified mail, provide copy to Superintendent, and provide info at meeting. 226.40, 226.41 ...... Any person claiming an interest in the leased tract 1 1 1 1 or in damages must provide a statement show- ing the claimed interest. 226.43 ...... Drivers must carry documentation showing the 60 60 0 .5 30 amount, origin and intended first purchaser of the oil or gas or marketable product. 226.45(d) ...... Lessee must submit a contingency plan, when re- 160 160 5 800 quired. 226.54 ...... Lessee must keep a full and correct account of all 700 700 1 700 operations, receipts, and disbursements and make reports thereof, as required, make avail- able for inspection, and maintain for 6 yrs. 226.56 ...... Lessee must keep records of drilling, redrilling, 700 700 1 700 deepening, repairing, treating, plugging or aban- donment of all wells and furnish reports as re- quired in manner and method specified by Su- perintendent. 226.56 ...... Lessee must transmit to Superintendent applicable 700 700 8 5,600 information of completion of operations on any well on BIA forms; a copy of electrical, mechan- ical or radioactive log, or other types of survey of well bore, and core analysis of well. 226.56 ...... Upon request, Lessee must furnish plat of wells in 700 700 2 1,400 manner, form, and method prescribed by Super- intendent. 226.65 ...... Lessee must maintain site security plan, including 700 700 4 2,800 facility diagram. 226.66 ...... Lessee must report accidents, fires, vandalism in- 22 22 1 22 cluding an estimate of the volume of oil involved.

Total ...... 14,414 ...... 21,932

BIA invites comments on the agency, including whether the environmental effects are too broad, information collection requirements in information will have practical utility; speculative, or conjectural to lend the proposed regulation. You may (b) the accuracy of the agency’s estimate themselves to meaningful analysis and submit comments to OMB by facsimile of the burden (hours and cost) of the will later be subject to the NEPA process to (202) 395–5806 or you may send an collection of information, including the either collectively or case by case.’’ No email to the attention of the OMB Desk validity of the methodology and extraordinary circumstances exist that Officer for the Department of the assumptions used; (c) ways we could would require greater NEPA review. Interior: OIRA_submission@ enhance the quality, utility and clarity K. Effects on the Energy Supply (E.O. omb.eop.gov. Please send a copy of your of the information to be collected; and 13211) comments to the person listed in the (d) ways we could minimize the burden FOR FURTHER INFORMATION CONTACT of the collection of the information on This rule is not a significant energy section of this notice. Note that the the respondents, such as through the action under the definition in Executive request for comments on the rule and use of automated collection techniques Order 13211. A Statement of Energy the request for comments on the or other forms of information Effects is not required. information collection are separate. technology. Please note that an agency L. Clarity of This Regulation To best ensure consideration of your may not sponsor or request, and an comments on the information individual need not respond to, a We are required by Executive Orders collection, we encourage you to submit collection of information unless it has a 12866 and 12988 and by the them by September 27, 2013; while valid OMB Control Number. Presidential Memorandum of June 1, 1998, to write all rules in plain OMB has 60 days from the date of J. National Environmental Policy Act publication to act on the information language. This means that each rule we collection request, OMB may choose to This rule does not constitute a major publish must: act on or after 30 days. Comments on Federal action significantly affecting the (a) Be logically organized; the information collection should quality of the human environment. It is (b) Use the active voice to address address: (a) The necessity of this categorically excluded from further readers directly; information collection for the proper review under 43 CFR 46.210(i) because (c) Use clear language rather than performance of the functions of the these are regulations ‘‘whose jargon;

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(d) Be divided into short sections and Subpart B—Rental, Production and Royalty 226.47 When can the Superintendent grant easements for wells off leased premises? sentences; and Rental, Drilling and Production Obligations (e) Use lists and tables wherever 226.48 A lessee’s use of water. 226.14 What are the requirements for rental, 226.49 What are the responsibilities of an possible. drilling, and production? oil lessee when a gas well is drilled and If you feel that we have not met these 226.15 What are the lessee’s obligations vice versa? requirements, send us comments by one regarding drainage? 226.50 How is the cost of drilling a well of the methods listed in the 226.16 What can the Superintendent do determined? ‘‘COMMENTS’’ section. To better help when drainage occurs? 226.51 What are the requirements for using gas for operating purposes and tribal us revise the rule, your comments Lease Term should be as specific as possible. For uses? 226.17 What is the term of a lease? example, you should tell us the Subpart D—Cessation of Operations numbers of the sections or paragraphs Royalty Payments 226.52 When can a lessee shutdown, that are unclearly written, which 226.18 What is the royalty rate for oil? abandon, and plug a well? sections or sentences are too long, the 226.19 How is the gravity adjustment 226.53 When must a lessee dispose of sections where you believe lists or calculated? casings and other improvements? tables would be useful, etc. 226.20 How is the royalty on gas Subpart E—Requirements of Lessees calculated? M. Public Availability of Comments 226.21 Who determines royalty on lost or 226.54 What general requirements apply to lessees? Before including your address, phone wasted minerals? 226.22 What is the minimum royalty 226.55 When must a lessee designate number, email address, or other payment for all leases? process agents? personal identifying information in your 226.23 What royalty is due on other 226.56 What are the lessee’s record and comment, you should be aware that marketable products? reporting requirements for wells? your entire comment—including your 226.24 What purchase options does the 226.57 What line drilling limitations must a personal identifying information—may Federal Government have? lessee comply with? be made publicly available at any time. 226.25 How are royalty payments made? 226.58 What are the requirements for marking wells and tank batteries? 226.26 What reports are required to be While you can ask us in your comment 226.59 What precautions must a lessee take provided? to withhold your personal identifying to ensure natural formations are 226.27 Can a lessee enter into royalty information from public review, we protected? payment contracts and division orders? cannot guarantee that we will be able to 226.60 What are a lessee’s obligations to do so. Unit Leases, Assignments and Related maintain control of wells? Instruments 226.61 How does a lessee prevent waste of List of Subjects in 25 CFR Part 226 oil and gas and other marketable 226.28 When is unitization allowed? products? Indians-lands. 226.29 How are leases assigned? 226.62 How does a lessee measure and store 226.30 Are overriding royalty agreements For the reasons stated in the oil? allowed? 226.63 How is gas measured? preamble, the Department of the 226.31 When are drilling contracts allowed? 226.64 When can a lessee use of gas for Interior, Bureau of Indian Affairs, 226.32 When can an oil lease and a gas lifting oil? proposes to amend part 226 in Title 25 lease be combined? of the Code of Federal Regulations by 226.65 What site security standards apply Subpart C—Operations to oil and gas and other marketable revising part 226 to read as follows: product leases? 226.33 What are the general requirements 226.66 What are a lessee’s reporting governing operations? PART 226—LEASING OF OSAGE requirements for accidents, fires, theft, 226.34 What requirements apply to RESERVATION LANDS FOR OIL AND and vandalism? GAS MINING commencement of operations on a lease? 226.35 How does a lessee acquire Subpart F—Penalties Sec. permission to begin operations on a 226.67 What are the penalties for violations 226.1 Definitions. restricted homestead allotment? of lease terms? 226.2 What requirements govern oil and gas 226.36 What kind of notice and information 226.68 What are the penalties for violation activities? is required to be given surface owners of certain operating regulations? prior to commencement of drilling Subpart A—Leasing Procedure 226.69 What are the penalties for providing operations? false, inaccurate, or misleading 226.3 What orders and notices can BIA 226.37 How much of the surface may a information; or engaging in unlawful issue? lessee use? acts? 226.4 What responsibilities does the 226.38 What commencement money must 226.70 How are fees and penalties scaled? Superintendent have? the lessee pay to the surface owner? 226.5 What are the requirements for lease 226.39 What fees must lessee pay to a Subpart G—Appeals and Notices sales and approvals? surface owner for tank siting? 226.71 Who can file an appeal? 226.6 How does a lessee surrender a lease? 226.40 What is a settlement of damages 226.72 Are the notices by the 226.7 What forms of payment are claimed? Superintendent binding? acceptable? 226.41 What is the procedure for settlement 226.73 Information collection. 226.8 How do changes in the current of damages claimed? Authority: Sec. 3, 34 Stat. 543; secs. 1, 2, regulations impact leases? 226.42 What are a lessee’s obligations for 45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec. 226.9 What are the bonding requirements production? 2(a), 92 Stat. 1660. for leases? 226.43 What documentation is required for 226.10 Can the Superintendent increase the transportation of oil or gas or other § 226.1 Definitions. amount of the bond required? marketable product? 226.11 When can the Superintendent 226.44 What are a lessee’s obligations for As used in this part, terms shall have release a bond? preventing pollution? the meanings set forth in this section. 226.12 What forms are made a part of the 226.45 What are a lessee’s other Authorized representative of an oil regulations? environmental responsibilities? lessee, gas lessee, or oil and gas lessee 226.13 What information must a 226.46 What safety precautions must a means any person, group, or groups of corporation submit? lessee take? persons, partnership, association,

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company, corporation, organization or field or reservoir given existing Secretary or Superintendent may agent employed by or contracted with a knowledge of reservoir and other delegate to fulfill the responsibilities lessee or any subcontractor to conduct pertinent facts and using common and exercise the authorities under this oil and gas operations or provide industry practices for primary, part. facilities to market oil and gas. secondary or tertiary recovery Waste of oil or gas or other Avoidably lost means the venting or operations. marketable product means any act or flaring of produced gas or other Natural gas liquids (NGLs) means failure to act by the lessee that is not marketable product without the prior those gas plant products consisting of sanctioned by the Superintendent as authorization, approval, ratification, or ethane, propane, butane, or heavier necessary for proper development and acceptance of the Superintendent and liquid hydrocarbons. production and that results in: the loss of produced oil or gas or other Notice to lessees (NTLs) means a (1) A reduction in the quantity or marketable product when the written notice issued or adopted by the quality of oil and gas or other Superintendent determines that such Superintendent. NTLs implement the marketable product ultimately loss occurred as a result of: regulations in this part and operating producible from a reservoir under (1) Negligence on the part of the orders, and serve as instructions on prudent and proper operations; or lessee; or specific item(s) of importance. (2) Avoidable surface loss of oil or gas (2) The failure of the lessee to take all Oil and gas lessee means any person, or other marketable product. reasonable measures to prevent and/or firm, or corporation to whom an oil and control the loss; or gas mining lease is made under the § 226.2 What requirements govern oil and (3) The failure of the lessee to comply regulations in this part, or an authorized gas activities? fully with the applicable lease terms representative. All oil and gas activities conducted in and regulations, applicable orders and Oil lessee means any person, firm, or Osage County are subject to: notices, or the written orders of the corporation to whom an oil mining lease (a) The regulations in this part; Superintendent; or is made under the regulations in this (b) Lease terms; (4) Any combination of the foregoing. part, or an authorized representative. (c) Orders of the Superintendent; and Condensate means liquid hydro- Oil well means any well that produces (d) All other applicable laws, carbons (normally exceeding 40 degrees one barrel or more of crude petroleum regulations, and authorities. of API gravity) recovered at the surface oil for each 15,000 standard cubic feet Subpart A—Leasing Procedure without resorting to processing. of raw natural gas. Condensate is the mixture of liquid Onshore oil and gas order means a § 226.3 What orders and notices can BIA hydrocarbons that results from formal order issued or adopted by the issue? condensation of petroleum Director of the Bureau of Indian Affairs (a) In accordance with the hydrocarbons existing initially in a that implements and supplements the Administrative Procedure Act, the gaseous phase in an underground regulations in this part. Bureau of Indian Affairs (BIA), after reservoir. Osage Minerals Council means the consultation with the Osage Minerals Drainage means the migration of duly elected governing body of the Council, is authorized to: hydrocarbons, inert gases, or associated Osage Nation or Tribe of Indians of (1) Issue and make effective in Osage resources caused by production from Oklahoma vested with authority to enter County oil and gas orders or notices to other wells. into leases or take other actions on oil lessees (NTLs); or Gas lessee means any person, firm, or and gas mining pertaining to the Osage (2) Adopt onshore oil and gas orders, corporation to whom a gas mining lease Mineral Estate. NTLs, or related oil and gas regulations is made under the regulations in this Other marketable product means a issued by the Bureau of Land part, or an authorized representative. non-hydrocarbon product, including but Management. Gas well means any well that: not limited to helium, nitrogen, and (b) Adoptions by the Bureau of Indian (1) Produces raw natural gas not carbon-dioxide, for which there is a Affairs shall remain in effect according associated with crude petroleum oil at market. to their terms and shall not be modified the time of production; or Primary term means the basic period by any action of the Bureau of Land (2) Produces more than 15,000 of time for which a lease is issued Management unless the Director issues standard cubic feet of raw natural gas to during which the lease contract may be further orders to that effect in each barrel of crude petroleum oil from kept in force by payment of rentals. accordance with the Administrative the same producing formation. Production in paying quantities Procedure Act. Lease means any contract approved means production from a lease of oil by the United States under the Act of and/or gas of sufficient value to exceed § 226.4 What responsibilities does the June 28, 1906 (34 Stat. 539), as direct operating costs and the cost of Superintendent have? amended, that authorizes exploration lease rentals or minimum royalties. (a) The Superintendent is authorized for, extraction of, or removal of oil or Raw natural gas or gas means gas and directed to: gas. produced from oil and gas wells, (1) Approve unitization, Marketable condition means a including all natural gas liquids before communitization, gas storage and other condition in which lease products are any treating or processing. contractual agreements; sufficiently free from impurities and Secretary means the Secretary of the (2) Assess compensatory royalty; otherwise so conditioned that a Interior or the Secretary’s authorized (3) Approve suspensions of operations purchaser will accept them under a representative acting under delegated or production, or both; sales contract typical for the field or authority. (4) Approve and monitor other lessee area. Superintendent means the proposals for drilling, development or Maximum ultimate economic Superintendent of the Osage Agency, production of oil and gas and any other recovery means the recovery of oil and Pawhuska, Oklahoma, or the marketable product; gas and any other marketable product Superintendent’s authorized (5) Perform administrative reviews; from leased lands that a prudent lessee representative acting under delegated (6) Impose monetary assessments or could be expected to make from that authority, or such other person as the penalties;

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(7) Provide technical information and Osage Minerals Council and approval by the preparation, advertisement and advice relative to oil and gas and any the Superintendent. negotiation of leases; and/or other marketable product development (4) Within 20 days after being (3) The Osage Minerals Council may and operations; notified, the successful bidder must request the Superintendent to provide (8) Approve, inspect, and regulate the submit to the Superintendent the information regarding the current operations that are subject to the balance of the bonus, a $75 filing fee, estimated value of any or all or each of regulations in this part; and a completed lease form. the leases to the Osage Minerals Council (9) Require compliance with lease (i) The Superintendent may extend based on comparable sales of Federal, terms, with the regulations in this title the deadline for submitting the Indian, State, and private leases. and all other applicable regulations and completed lease form, but no extension (h) The Superintendent may approve laws; and shall be granted for remitting the any lease made by the Osage Minerals (10) Require that all operations be balance of moneys due. Council. conducted in a manner which protects (ii) Twenty-five percent of the bonus bid will be forfeited for the use and § 226.6 How does a lessee surrender a natural resources and environmental lease? quality, protects life and property, and benefit of the Osage Mineral Estate if results in the maximum ultimate any of the following occur: (a) The lessee may, with the approval recovery of oil and gas and any other (A) The bidder fails to pay the full of the Superintendent and payment of a marketable product with minimum consideration by the required deadline; $75 filing fee, surrender all or any waste and with minimum adverse effect or portion of any lease, have the lease on the ultimate recovery of other (B) The bidder fails to file the cancelled as to the portion surrendered mineral resources. completed lease by the required and be relieved from all subsequent obligations and liabilities. (b) The Superintendent may issue deadline or extension thereof; or (b) If the lease, or portion, being written or oral orders to govern specific (C) The lease is rejected through no surrendered is owned in undivided lease operations. Any oral orders shall fault of the Osage Minerals Council or interests by more than one party, then be confirmed in writing by the the Superintendent. the following requirements apply: Superintendent within 10 working days (5) The Superintendent may reject a (1) All parties shall join in the from issuance thereof. Before approving lease made on an accepted bid, upon application for cancellation; operations on a leasehold, the satisfactory evidence of collusion, fraud, (2) If the lease has been recorded, then Superintendent shall determine that the or other irregularity in connection with the lessee shall execute a release and lease is in effect, that acceptable bond the notice of sale. record the same in the proper office; coverage has been provided, and that (b) The Superintendent may approve (3) Surrender shall not the entitle the the proposed plan of operations is oil leases, gas leases, and oil and gas lessee to a refund of the unused portion sound. leases made by the Osage Minerals of rental paid in lieu of development, (c) The Superintendent shall establish Council in conformity with the notice of nor shall it relieve the lessee and his or procedures to ensure that each lease site sale, regulations in this part, bonds, and her sureties of any obligation and which has a history of noncompliance other instruments required. liability incurred prior to the surrender; with applicable provisions of law or (c) Within 30 days following approval (4) When there is a partial surrender regulations, lease terms, orders or of a lease, the Superintendent shall post of any lease and the acreage to be directives shall be inspected at least at the Agency, a legal description of the retained is less than 160 acres, or there once annually. Mineral Estate that was leased. (d) Prior to approval by the is a surrender of a separate horizon, the § 226.5 What are the requirements for Superintendent, each oil and/or gas surrender shall become effective only lease sales and approvals? lease and activities and installations with consent of the Osage Minerals (a) The steps in a lease sale are as associated therewith subject to these Council and approval of the follows: regulations shall be assessed and Superintendent. (1) A written application, together evaluated for its environmental impact. § 226.7 What forms of payment are with any nomination fee, for tracts to be (e) The lessee shall accept a lease with acceptable? offered for lease shall be filed with the the understanding that a mineral not Sums due under a lease contract and/ Superintendent. covered by the lease may be leased or the regulations in this part shall be (2) The Superintendent, with the separately. paid in the manner and method consent of the Osage Minerals Council, (f) No lease, assignment thereof, or specified by the Superintendent, unless shall publish notices for the sale of oil interest therein will be approved to any otherwise specified in these regulations. leases, gas leases, and oil and gas leases employee or employees of the Such sums shall be a prior lien on all to the highest responsible bidder on Government and no such employee equipment and unsold oil on the leased specific tracts of the unleased Osage shall be permitted to acquire any premises. Mineral Estate. The Superintendent may interest in leases covering the Osage require any bidder to submit satisfactory Mineral Estate by ownership of stock in § 226.8 How do changes in the current evidence of his good faith and ability to corporations having leases or in any regulations impact leases? comply with all provisions of the notice other manner. Leases issued pursuant to this part of sale. (g) The Osage Minerals Council may shall be subject to the current (3) A successful bidder must deposit utilize the following procedures among regulations of the Secretary, all of which with the Superintendent within 5 days others, in entering into a lease: are made a part of such leases: Provided, following the sale, a cashier’s check, (1) A lease may be entered into that no amendment or change of such money order, or electronic funds through competitive bidding as outlined regulations made after the approval of transfer in an amount not less than 25 in § 226.5(a)(2), negotiation, or a any lease shall operate to affect the term percent of the cash bonus offered as a combination of both; of the lease, rate of royalty, rental, or guaranty of good faith. Any and all bids (2) The Osage Minerals Council may acreage unless agreed to by both parties shall be subject to acceptance by the request the Superintendent undertake and approved by the Superintendent.

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§ 226.9 What are the bonding final approval of all abandonment has § 226.13 What information must a requirements for leases? not been given shall be collected by the corporation submit? Lessees shall furnish surety bonds or Superintendent if not replaced by other (a) If the applicant for a lease is a personal bonds acceptable to the suitable bond or letter of credit at least corporation, it shall file evidence of Superintendent as follows: 30 days before its expiration date; authority of its officers to execute (a) The per-well ‘‘Bonding Amount’’ (iii) The letter of credit shall be papers; and with its first application it shall be $5,000. payable to the Superintendent upon shall also file a certified copy of its (b) A surety bond or personal bond demand, in part or in full, upon receipt Articles of Incorporation and, if foreign equal to the Bonding Amount shall be from the Superintendent of a notice of to the State of Oklahoma, evidence filed at the time an Application for attachment stating the basis therefor, showing compliance with the Permit to Drill is approved and/or the e.g., default in compliance with the corporation laws thereof. lessee acquires liability for existing lease terms and conditions or failure to (b) Whenever deemed advisable, the wells on a lease. file a replacement in accordance with Superintendent may require a (c) A lessee shall at all times maintain paragraph (c)(5)(ii) of this section; corporation to file any additional on file with the Superintendent surety (iv) The initial expiration date of the information necessary to carry out the bonds and/or personal bonds in an letter of credit shall be at least 1 year purpose and intent of the regulations in amount equal to the Bonding Amount following the date it is filed; and this part, and such information shall be times the number of wells on the (v) The letter of credit shall contain a furnished within a reasonable time. lessee’s leases, up to a maximum of 25 provision for automatic renewal for wells. periods of not less than 1 year in the Subpart B—Rental, Production and (d) To meet the requirements of this absence of notice to the Superintendent Royalty section, a surety bond must be issued by at least 90 days prior to the originally a qualified surety company approved by stated or any extended expiration date. Rental, Drilling and Production the Department of the Treasury (see Obligations Department of the Treasury Circular No. § 226.10 Can the Superintendent increase the amount of the bond required? § 226.14 What are the requirements for 570). rental, drilling, and production? (e) Personal bonds shall be (a) The Superintendent may require (a) Oil leases, gas leases, and accompanied by at least one of the an increase in the amount of any bond combination oil and gas leases. Unless following: in appropriate circumstances, including, (1) A certificate of deposit issued by but not limited to, a history of previous the lessee shall complete and place in a financial institution, the deposits of violations, uncollected royalties due, or production a well producing and selling which are Federally insured, explicitly when the total cost of plugging existing oil and/or gas in paying quantities on granting the Secretary full authority to wells and reclaiming lands exceeds the the land embraced within the lease demand immediate payment in case of present bond amount based on the within 12 months from the date of default in the performance of the terms estimates determined by the approval of the lease, or as otherwise and conditions of the lease. The Superintendent. provided in the lease terms, or 12 certificate shall explicitly indicate on its (b) The increase in bond amount may months from the date the face that Secretarial approval is required be to any level specified by the Superintendent consents to drilling on prior to redemption of the certificate of Superintendent, but in no any restricted homestead selection, the deposit by any party. circumstances shall it exceed the total of lease shall terminate unless rental at the (2) A cashier’s check. the estimated costs of plugging and rate of not less than $3 per acre for an (3) A certified check. reclamation, the amount of uncollected oil or gas lease, or not less than $6 per (4) Negotiable Treasury securities of royalties due, plus the amount of acre for a combination oil and gas lease, the United States of a value equal to the monies owed to the lessor due to is paid at the beginning of the first year amount specified in the bond. previous violations remaining of the lease. These dollar amounts shall Negotiable Treasury securities shall be outstanding. be adjusted as specified in § 226.70. accompanied by a proper conveyance to (1) The lease may also be held for the § 226.11 When can the Superintendent remainder of its primary term without the Superintendent of full authority to release a bond? sell such securities in case of default in drilling upon payment of the specified Within 45 calendar days of receiving the performance of the terms and rental annually in advance, written notice from a lessee that a well conditions of a lease. commencing with the second lease year. has been plugged or a lease has expired, (5) An irrevocable letter of credit (2) The lease shall terminate as of the the Superintendent shall confirm that: due date of the rental unless such rental issued by a financial institution, the (a) The well has been properly deposits of which are Federally insured, shall be received by the Superintendent plugged and the well site has been on or before said date. for a specific term, identifying the reclaimed,or the lease site has been Superintendent as sole payee with full (3) The completion of a well reclaimed; producing in paying quantities shall, for authority to demand immediate (b) All property has been removed so long as such production continues, payment in the case of default in the (unless otherwise agreed to in writing relieve the lessee from any further performance of the terms and conditions by the surface owner); and of a lease. Letters of credit shall be (c) All wells have been properly payment of rental, except that, should subject to the following conditions: plugged, and then release the bond. such production cease during the (i) The letter of credit shall be issued primary term the lease may be only by a financial institution organized § 226.12 What forms are made a part of the continued only during the remaining or authorized to do business in the regulations? primary term of the lease by payment of United States; Leases, assignments, and supporting advance rental which shall commence (ii) The letter of credit shall be instruments shall be in the form on the next anniversary date of the irrevocable during its term. A letter of prescribed by the Secretary, and such lease. Rental shall be paid on the basis credit used as security for any lease forms are hereby made a part of the of a full year and no refund will be upon which drilling has taken place and regulations. made of advance rental paid in

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compliance with the regulations in this paragraph (e) to the Osage Minerals analysis, or flow tests of the draining part. Council at the same time it is delivered well. (b) The Superintendent may, with the to the lessee. (d) If a lessee assigns its interest in a consent of and under terms approved by (f) Whenever the Osage Minerals lease or transfers its operating rights, it the Osage Minerals Council, grant an Council identifies any lease that has is liable for drainage that occurs before extension of the primary term of a lease terminated or may be subject to the date the assignment or transfer is on which actual drilling of a well shall termination for any reason, the Osage approved by the Superintendent. Any have commenced within the term Minerals Council shall have the right to lessee who acquires an interest in a thereof, or for the purpose of enabling request in writing appropriate action by lease that is being drained is liable for the lessee to obtain a market for his oil the Superintendent, including but not all drainage obligations accruing on and and/or gas production. limited to the issuance of a notice of after the date the assignment or transfer (c) Irrespective of whether the lessee termination to the lessee, and may is approved by the Superintendent. has drilled or paid rental, the submit any materials or analysis in Superintendent in his discretion may § 226.16 What can the Superintendent do support of its request. Upon receipt of when drainage occurs? order further development of any leased such a request, within 90 days the (a) The Superintendent may send a acreage or separate horizon in any lease Superintendent shall either take the demand letter by certified mail, return term if, in his opinion, a prudent lessee requested action or issue a written receipt requested, or personally serve would conduct further development. A decision responsive to the request. prudent lessee will diligently develop the lessee with notice, if the (g) The Superintendent may impose the minerals underlying the leasehold. Superintendent believes that drainage is restrictions as to time of drilling and The Osage Minerals Council shall have occurring. However, the lessee’s rate of production from any well or the right to request a determination of responsibility to take protective action wells when the Superintendent judges whether there is diligent development arises when it first knew or had these restrictions to be necessary or by the Superintendent as to any lease constructive notice of the drainage, even proper for the protection of the natural and may submit any materials or when that date precedes the demand resources of the leased land and the analysis to support its request. Upon letter. interests of the Osage Mineral Estate. receipt of a request, the Superintendent (b) Since the time required to drill The Superintendent may consider, shall issue such a determination within and produce a protective well varies among other things, Federal and 90 days. according to the location and conditions (d) If the lessee refuses to comply Oklahoma laws regulating either drilling of the oil and gas reservoir, the with an order by the Superintendent to or production. Superintendent will determine this on a diligently develop its leasehold as a (h) If a lessee holds both an oil lease case-by-case basis. The Superintendent result of a determination under and a gas lease covering the same will consider several factors, including, paragraph (c) of this section, the refusal acreage, such lessee is subject to the but not limited to: will be considered a violation of the provisions of this section as to both the (1) The time required to evaluate the lease terms and said lease shall be oil lease and the gas lease. characteristics and performance of the terminated as to the acreage or horizon § 226.15 What are the lessee’s obligations draining well; the further development of which was regarding drainage? (2) Rig availability; (3) Well depth; ordered, after any appeal of an order. (a) Where lands in any leases are The Superintendent shall promptly (4) Required environmental analysis; being drained of their oil or gas content (5) Special lease stipulations that notify the lessee of such termination. by wells outside the lease, the lessee (e) Except for a lease during its provide limited time frames in which to shall drill or modify and produce all primary term for which rental payment drill; and wells necessary to protect the leased has been paid, a lease that does not (6) Weather conditions. lands from drainage within a reasonable produce in paying quantities for 90 (c) If the Superintendent determines time after the earlier of when the lessee consecutive days is thereby terminated, that a lessee did not take protective knew or should have known of the effective immediately. The action in a timely manner, the lessee drainage. In lieu of drilling or modifying Superintendent shall notify the lessee of will owe compensatory royalty for the necessary wells, the lessee may, with such termination. period of the delay. (1) The Superintendent shall have the the consent of the Superintendent, pay (d) The Superintendent will assess authority before termination to approve compensatory royalty for drainage that compensatory royalty beginning on the in writing a temporary suspension of has occurred or is occurring. first day of the month following the operations tolling the 90-day period for (b) Actions under paragraph (a) of this earliest reasonable time the lessee a specified number of days, due to force section are not required if the lessee should have taken protective action and majeure, other hardship, or other proves to the Superintendent that when continuing until: extenuating circumstance. it first knew or had constructive notice (1) The lessee drills sufficient (2) Any request for a temporary of drainage it could not produce a economic protective wells and the wells suspension of operations shall be made sufficient quantity of oil or gas from a remain in continuous production; in writing to the Superintendent no later protective well on the lease in paying (2) The draining well stops producing; than the 45th day that the lease has not quantities above the cost of drilling and or produced in paying quantities. The completing the protective well. (3) The lessee relinquishes its interest Superintendent may waive this (c) A lessee has constructive notice in the lease. requirement. that drainage may be occurring when Lease Term (3) The Superintendent in his well completion or first production discretion may extend in writing the reports for the draining well are § 226.17 What is the term of a lease? time of any temporary suspension of publicly available, or, if the lessee Leases issued under this part shall be operations. operates or owns any interest in the for a primary term as established by the (4) The Superintendent shall provide draining well or lease, upon completion Osage Minerals Council, approved by a copy of any decision under this of drill stem, production, pressure the Superintendent, and so stated in the

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notice of sale of such leases and so long removal of the oil, except where before the fifth day of the month thereafter as the minerals specified are payments are made on division orders, following production. produced in paying quantities. and settlement value per barrel shall be (c) Should the lessor, with approval of the greater of: the Secretary, elect to take the royalty in Royalty Payments (1) The average NYMEX daily price of kind, the lessee shall furnish free § 226.18 What is the royalty rate for oil? oil at Cushing, Oklahoma, for the month storage for royalty oil for a period not to exceed 60 days from date of (a) The lessee shall pay or cause to be in which the produced oil was sold, production after notice of such election. paid to the Superintendent, as royalty, adjusted for gravity using the scale the sum of not less than 20 percent of applicable under § 226.19; or § 226.19 How is the gravity adjustment the value of the oil determined under (2) The actual selling price as adjusted calculated? paragraph (b) of this section. for gravity. The applicable average (a) The gravity adjustment of Average (b) Unless the Osage Minerals NYMEX daily price of oil at Cushing, Daily NYMEX Price of oil at Cushing, Council, with approval of the Secretary, Oklahoma and gravity adjustment scale Oklahoma under § 226.18(b)(1) shall be shall elect to take the royalty in kind, shall be available from the a deduction from the price per barrel, as payment is owing at the time of sale or Superintendent upon request, on or follows:

If the gravity of the oil is . . . the rate is . . . for each . . .

(1) Between 40.0 and 44.9 degrees ...... zero. (2) Between 35.0 and 39.9 degrees ...... $0.02 ...... degree or fraction thereof below 40.0. (3) Below 35.0 degrees ...... $0.10 plus an additional $0.015 ...... one-tenth of one degree below 35.0. (4) Above 44.9 degrees ...... $0.015 ...... for each one-tenth of one degree above 44.9.

(b) The Superintendent may, on or in a comparable manner to be resolving all doubts about volume and before the fifth day of the month determined by the Superintendent. If quality in favor of the lessor. following production, publish a gravity any lessee supplies gas produced from adjustment scale for oil of gravity below one lease for operation and/or § 226.22 What is the minimum royalty payment for all leases? 40.0 degrees or above 44.9 degrees that development of any other lease, supersedes this paragraph, but only if including another lease held by the Royalty paid from producing leases the Superintendent determines, based same lessee, the royalty calculated during any year shall not be less than on substantial evidence, that market under this section shall be paid on all an amount equal to the annual rental conditions so warrant. gas so used. specified for the lease. Any § 226.20 How is the royalty on gas (c) Under this paragraph, gross underpayment of minimum royalty calculated? proceeds of the gas shall be 100 percent shall be due and payable at the end of the lease year. (a) All gas removed from the lease of the actual proceeds from sales of all from which it is produced shall be residue gas produced from the lease and (a) After the primary term, the lessee metered before removal unless one hundred percent of the actual shall submit with his payment evidence otherwise approved by the proceeds from sales of all natural gas that the lease is producing in paying Superintendent and be subject to a liquids produced from the lease quantities. royalty of not less than 20 percent of the (including drip condensate) minus the (b) The Superintendent is authorized gross proceeds of the gas. Unless the actual, reasonable cost of processing not to determine whether the lease is Osage Minerals Council, with approval to exceed 50 percent of the actual sales actually producing in paying quantities of the Secretary, shall elect to take the value of the natural gas liquids or has terminated for lack of such royalty in kind, gross proceeds shall be (including drip condensate). If the production. calculated under paragraph (b) of this actual reasonable cost of processing (c) Payment for any underpayment section; except that the Superintendent cannot be obtained, upon approval by not made within the time specified shall may direct (and the Osage Minerals the Superintendent, the lessee may be subject to a late charge at the rate of Council may request that the determine such cost in accordance with not less than 11⁄2 percent per month for Superintendent direct) any lessee, upon the alternative methodology and no less than 30 days notice, to calculate procedures in 30 CFR 1206.173. There each month or fraction thereof until gross proceeds at the higher royalty shall be no other deductions of any paid, or such other rate as may be set value of paragraph (b) or paragraph (c) kind, whether monetary or volumetric by the Superintendent after consultation of this section. or otherwise, for any purpose, including with the Osage Minerals Council. (b) Under this paragraph, gross but not limited to compression, (d) The minimum royalty shall be proceeds of the gas shall be determined dehydration, gathering, treating, or adjusted in the same manner as the by multiplying the entire volume of gas transportation. annual rental, consistent with at the well times the heating value of the §§ 226.14(a) and 226.70. § 226.21 Who determines royalty on lost or gas measured in MMBtu as determined wasted minerals? § 226.23 What royalty is due on other by periodic gas analysis, times the marketable products? Monthly Index Price in dollars per Royalty on minerals wasted or MMBtu for Oklahoma Zone 1 published avoidably lost. Royalty shall be due on A royalty on other marketable by the Department of the Interior’s all oil and gas wasted or avoidably lost, products shall be paid at the rate of not Office of Natural Resources Revenue. If the volume and quality of which shall less than 20 per cent of the actual sales that Monthly Index Price ceases to be be determined by the Superintendent value of the other marketable products published and is not otherwise after taking into consideration sold, irrespective of any other royalty available, the price shall be calculated information provided by the lessee, but due on oil or gas.

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§ 226.24 What purchase options does the (c) Report forms shall be submitted in day of the month falls on a weekend or Federal Government have? .csv (comma separated value) or ASCII holiday. In such cases, statements are Any of the executive departments of format, or such other equivalent format due on the first business day of the the U.S. Government shall have the specified by the Superintendent. The succeeding month. The Superintendent option to purchase all or any part of the Superintendent shall specify the may authorize an extension of time, not oil produced from any lease at not less method of transmittal. The to exceed 10 days, for furnishing this than the price as defined in § 226.18. Superintendent may specify that lessees statement. shall submit the reports and information § 226.25 How are royalty payments made? Unit Leases, Assignments and Related required by this section directly to other Instruments (a) Royalty payments due may be paid federal agencies within the Department by either the purchaser or the lessee. of the Interior, in lieu of the § 226.28 When is unitization allowed? (b) Unless otherwise provided by the Superintendent. The Osage Minerals Council and the Osage Minerals Council and approved (d) The Superintendent shall provide lessee or lessees, may, with the approval by the Superintendent, all payments to the Osage Minerals Council copies of of the Superintendent, unitize or merge, shall be due by the end of the month all reports under this section on at least two or more oil or oil and gas leases into following the month during which the a quarterly basis in the format originally a unit or cooperative operating plan to oil and gas is produced and sold, except received by the lessee. Upon written promote the greatest ultimate recovery when the last day of the month falls on request by the Osage Minerals Council, of oil and gas from a common source of a weekend or holiday. In such cases, the Superintendent shall require lessees supply or portion thereof embracing the payments are due on the first business to provide to the Osage Minerals lands covered by such lease or leases. day of the succeeding month. All Council copies of run tickets. (a) The cooperative or unit agreement payments shall cover the sales of the (e) Failure to remit reports shall shall be subject to the regulations in this preceding month. subject the lessee to further penalties as part and applicable laws governing the (c) Failure to make such payments provided in §§ 226.67 and 226.68 and leasing of the Osage Mineral Estate. shall subject the lessee or purchaser, shall subject any royalty payment (b) Any agreement between the parties whoever is responsible for royalty contract or division order to in interest to terminate a unit or payment, to a late charge at the rate of termination. cooperative agreement as to all or any not less than 11⁄2 percent for each month portion of the lands included shall be or fraction thereof until paid, or such § 226.27 Can a lessee enter into royalty submitted to the Superintendent for his other rate as may be set by the payment contracts and division orders? approval. Superintendent after consultation with (a) The lessee may enter into division (c) Upon approval under paragraph the Osage Minerals Council. The Osage orders or contracts with the purchasers (b) of this section, the leases included Minerals Council, subject to the of oil, gas, or derivatives therefrom that under the cooperative or unit agreement approval of the Superintendent, may will provide for the purchaser to make shall be restored to their original terms. waive the late charges. payment of royalty in accordance with (d) For the purpose of preventing his lease. The following requirements waste and to promote the greatest § 226.26 What reports are required to be apply in these cases: ultimate recovery of oil and gas from a provided? (1) The division orders or contracts common source of supply or portion The lessee shall furnish certified shall not relieve the lessee from thereof, all oil leases, oil and gas leases, monthly reports covering all operations responsibility for the payment of the and gas leases issued under this part in a form specified by the royalty should the purchaser fail to pay. shall be subject to any unit development Superintendent, whether there has been (2) No production shall be removed plan affecting the leased lands that may production or not, indicating therein the from the leased premises until a be required by the Superintendent with total amount of oil, raw natural gas, and division order and/or contract and its the consent of the Osage Minerals other products subject to royalty terms are approved by the Council. This plan shall adequately payment, by the end of the month Superintendent: protect the rights of all parties in following the month during which the (3) The Superintendent may grant interest, including the Osage Mineral oil and gas is produced and sold, except temporary permission to run oil or gas Estate. when the last day of the month falls on from a lease pending the approval of a a weekend or holiday. In such cases, division order or contract. § 226.29 How are leases assigned? reports are due on the first business day (4) The lessee shall file a certified Approved leases or any interest of the succeeding month. monthly report and pay royalty on the therein may be assigned or transferred (a) Reports covering oil production value of all oil and gas used off the only with the approval of the shall include the date of each sale of oil, premises for development and operating Superintendent. The assignee must be well or lease identity, lessee, purchaser, purposes. qualified to hold such lease under volume of oil sold, gravity of oil sold, (5) The lessee shall be responsible for existing rules and regulations and shall price paid per barrel for the sale, 40- the correct measurement and reporting furnish a satisfactory bond conditioned degree price used for the sale, gravity of all oil and/or gas taken from the for the faithful performance of the adjustment scale used for the sale, and leased premises. covenants and conditions thereof. total amount paid for the sale. (b) The lessee shall require the (a) The lessee must assign either his (b) Reports covering gas production purchaser of oil and/or gas from its lease entire interest in a lease or legal shall contain the total volume of raw or leases to furnish the Superintendent, subdivision thereof, or an undivided natural gas measured at the well, the a statement reporting the gross barrels of interest in the whole lease: Provided, BTU value of raw natural gas produced oil and/or gross Mcf of gas sold and that when an assignment covers only a at the well, the periodic gas analysis sales price per barrel and/or gross McF portion of a lease or covers interests in applicable to the sale, and the total during the preceding month, by the end separate horizons, such assignment value paid for the raw natural gas, of the month following the month shall be subject to both the consent of residue gas, natural gas liquids, and during which the oil and gas is the Osage Minerals Council and condensate. produced and sold, except when the last approval of the Superintendent.

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(b) If a lease is divided by the Subpart C—Operations drill, redrill, deepen, plug, or abandon assignment of an entire interest in any a well. part, each part shall be considered a § 226.33 What are the general separate lease and the assignee shall be requirements governing operations? § 226.35 How does a lessee acquire (a) The lessee shall comply with permission to begin operations on a bound to comply with all the terms and restricted homestead allotment? conditions of the original lease. applicable laws and regulations; with (a) The lessee may conduct operations (c) A fully executed copy of the the lease terms; and with orders and instructions of the Superintendent. within or upon a restricted homestead assignment shall be filed with the selection only with the written consent Superintendent within 30 days after the These include, but are not limited to, conducting all operations in a manner of the Superintendent. date of execution by all parties. If (b) If the allottee is unwilling to requested within the 30-day period, the that: (1) Ensures the proper handling, permit operations on his homestead, the Superintendent may grant an extension Superintendent will cause an of 15 days. measurement, disposition, and site security of leasehold production; examination of the premises to be made (d) A filing fee of $75 shall (2) Protects other natural resources with the allottee and lessee or his accompany each assignment. and environmental quality; representative. Upon finding that the (3) Protects life and property; and interests of the Osage Mineral Estate § 226.30 Are overriding royalty require that the tract be developed, the agreements allowed? (4) Results in maximum ultimate economic recovery of oil and gas and Superintendent will endeavor to have Agreements creating overriding other marketable products with the parties agree upon the terms under royalties or payments out of production minimum waste and with minimum which operations on the homestead may shall not be considered as an interest in adverse effect on ultimate recovery of be conducted. a lease as such term is used in § 226.29. (c) In the event the allottee and lessee other mineral resources. cannot reach an agreement, the matter Agreements creating overriding royalties (b) The lessee shall permit properly shall be presented by all parties before or payments out of production are identified authorized representatives of the Osage Minerals Council, and the hereby authorized and the approval of the Superintendent to enter upon, travel Council shall make its the Department of the Interior or any across, and inspect lease sites and recommendations. Such agency thereof shall not be required records normally kept on the lease recommendations shall be considered as with respect thereto, but such pertinent thereto without advance final and binding upon the allottee and agreements shall be subject to the notice. Inspections normally will be lessee. A guardian may represent the condition that nothing in any such conducted during those hours when allottee. Where no one is authorized or agreement shall be construed as responsible persons are expected to be where no person is deemed by the modifying any of the obligations of the present at the operation being inspected. lessee under its lease and the Superintendent to be a proper party to Such permission shall include access to speak for a person of unsound mind or regulations in this part. All such secured facilities on such lease sites for obligations are to remain in full force feeble understanding, the Principal the purpose of making any inspection or Chief of the Osage Tribe shall represent and effect, the same as if free of any investigation for determining whether such royalties or payments. him. there is compliance with applicable law, (d) If the allottee or his representative (a) The existence of agreements the regulations in this part, and any creating overriding royalties or does not appear before the Osage applicable orders, notices or directives. Minerals Council when notified by the payments out of production, whether or (c) For the purpose of making any not actually paid, shall not be Superintendent, or if the Council fails to inspection or investigation, the act within 10 days after the matter is considered in justifying the shutdown Superintendent shall have the same or abandonment of any well. referred to it, the Superintendent may right to enter upon or travel across any authorize the lessee to proceed with (b) Agreements creating overriding lease site as the lessee. operations in conformity with the royalties or payments out of production § 226.34 What requirements apply to provisions of his lease and the need not be filed with the regulations in this part. Superintendent unless incorporated in commencement of operations on a lease? assignments or instruments required to (a) No operations shall be permitted § 226.36 What kind of notice and be filed pursuant to § 226.29. upon any tract of land until a lease information is required to be given surface covering such tract shall have been owners prior to commencement of drilling § 226.31 When are drilling contracts approved by the Superintendent. The operations? allowed? Superintendent may grant authority to (a) The lessee shall notify or attempt The Superintendent is authorized to any party under such lease, consistent to notify the surface owner in one approve drilling contracts with a with the regulations in this part that he general written notification sent by stipulation that such approval does not or she deems proper, to conduct certified mail with a copy to the in any way bind the Department to geophysical and geological exploration Superintendent, that it plans to begin approve subsequent assignments that work. conducting the following activities over may be provided for in said contracts. (b) The lessee shall submit the term of its lease: Archeological or Approval merely authorizes entry on the applications on forms to be furnished by biological surveys, or staking of wells. lease for the purpose of development the Superintendent and secure approval (b) No operations of any kind shall work. before: commence until the lessee or its (1) Well drilling, treating, or workover authorized representative shall meet § 226.32 When can an oil lease and a gas operations are started on the leased with the surface owner or his/her lease be combined? premises. representative. The lessee must request A lessee owning both an oil lease and (2) Removing casing from any well. the meeting in writing by certified mail gas lease covering the same acreage is (c) The lessee shall notify the and provide a copy of the letter to the authorized to convert such leases to a Superintendent a reasonable time in Superintendent. Unless waived by the combination oil and gas lease. advance of starting work, of intention to Superintendent or otherwise agreed to

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between the lessee and surface owner, owner commencement money in the known address that the commencement such meeting shall be held at least 10 amount of $25 per shot hole for money is being held for payment to him calendar days prior to the explosive source (for the acquisition of upon his written request. commencement or any operations. At Single Fold (100 per cent Seismic)), or such meeting lessee or its authorized $400 per linear mile for surface source § 226.39 What fees must lessee pay to a surface owner for tank siting? representative shall comply with the data acquisition. For the purpose of following requirements: conducting a 3D seismic survey, the The lessee shall pay fees for each tank (1) Indicate the location of the well or lessee shall pay commencement money sited at the rate of $500 per tank, except wells to be drilled. in the amount of $10 per acre occupied that: (2) Arrange for a route of ingress and during the time the survey is conducted. (a) No payment shall be due for a tank egress. Upon failure to agree on a route The lessee shall also pay temporarily set on a well location site of ingress and egress, said route shall be commencement money in the amount of for drilling, completing, or testing; and set by the Superintendent. $2500 for each well. (b) The sum to be paid for a tank (3) Furnish to said surface owners the (1) After payment of commencement occupying an area more than 2500 name and address of the party or money the lessee shall be entitled to square feet shall be agreed upon representative upon whom the surface immediate possession of the drilling between the surface owner and lessee owner shall serve any claim for damages site. or, on failure to agree, the same shall be which he may sustain from mineral (2) Commencement money will not be determined by arbitration as provided development or operations, and as to required for the redrilling of a well by § 226.41. the procedure for settlement thereof as which was originally drilled under the § 226.40 What is a settlement of damages provided in § 226.41. current lease. claimed? (4) Where the drilling is to be on (3) A drilling site shall be held to the minimum area essential for operations (a) The lessee or its authorized restricted land, lessee or its authorized representative or geophysical permittee representative in the manner provided and shall not exceed one and one-half acres in area unless authorized by the shall pay for all damages to growing above shall meet with the crops, any improvements on the lands, Superintendent. Superintendent. (4) Commencement money shall be a and all other surface damages as may be (5) When the surface owner or its occasioned by operations. representative cannot be contacted at credit toward the settlement of the total damages. Commencement money shall be a credit the last known address or has not toward the settlement of the total accepted a meeting request within 30 (5) Acceptance of commencement money by the surface owner does not damages occasioned by the drilling and calendar days of receipt of the request, completion of the well for which it was the Superintendent shall, in writing, affect its right to compensation for damages as described in § 226.40, paid. Such damages shall be paid to the authorize lessee to proceed with owner of the surface and by him operations. occasioned by the drilling and completion of the well for which it was apportioned among the parties § 226.37 How much of the surface may a paid. interested in the surface, whether as lessee use? (6) Since actual damage to the surface owner, surface lessee, or otherwise, as The lessee or its authorized from operations cannot necessarily be the parties may mutually agree or as representative shall have the right to use ascertained prior to the completion of a their interests may appear. If the lessee so much of the surface of the land well as a serviceable well or dry hole, or its authorized representative and within the Osage Mineral Estate as may a damage settlement covering the surface owner are unable to agree be reasonable for operations and drilling operation need not be made concerning damages, the same shall be marketing. This includes, but is not until after completion of drilling determined by arbitration. Nothing limited to the right to, lay and maintain operations. herein contained shall be construed to pipelines, electric lines, pull rods, other (b) Where the surface is restricted deny any party the right to file an action appliances necessary for operations and land, commencement money shall be in a court of competent jurisdiction if he marketing, and the right-of-way for paid to the Superintendent for the is dissatisfied with the amount of the ingress and egress to any point of landowner. All other surface owners award. operations. shall be paid or tendered such (b) Surface owners shall notify their (a) If the lessee and surface owner are commencement money direct. lessees or tenants of the regulations in unable to agree as to the routing of (1) Where such surface owners are this part and of the necessary procedure pipelines, electric lines, etc., said neither residents of Osage County, nor to follow in all cases of alleged damages. routing shall be set by the have a representative located therein, If so authorized in writing, surface Superintendent. such payment shall be made or tendered lessees or tenants may represent the (b) The right to use water for lease to the last known address of the surface surface owners. operations is established by § 226.48. owner at least 5 days before (c) In settlement of damages on (c) The lessee shall conduct its commencing drilling operation on any restricted land, all sums due and operations in a workmanlike manner, well. payable shall be paid to the commit no waste and allow none to be (2) If the lessee is unable to reach the Superintendent for credit to the account committed upon the land, nor permit owner of the surface of the land for the of the Indian entitled thereto. The any avoidable nuisance to be purpose of tendering the Superintendent will make the maintained on the premises under its commencement money or if the owner apportionment between the Indian control. of the surface of the land refuses to landowner or owners and surface lessee accept the same, the lessee shall deposit of record. § 226.38 What commencement money such amount with the Superintendent (d) Any person claiming an interest in must the lessee pay to the surface owner? by check payable to the Bureau of any leased tract or in damages thereto, (a) Before commencing actual Indian Affairs. The superintendent shall must furnish to the Superintendent a exploration and/or development, the thereupon advise the owner of the statement in writing showing said lessee shall pay or tender to the surface surface of the land by mail at his last claimed interest. Failure to furnish such

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statement shall constitute a waiver of third arbitrator shall be borne equally by § 226.43 What documentation is required notice and estop said person from the claimant and the lessee or its for transportation of oil or gas or other claiming any part of such damages after authorized representative. Each lessee marketable product? the same shall have been disbursed. or its authorized representative and (a) Any person engaged in claimant shall pay the fee and expenses transporting by motor vehicle any oil § 226.41 What is the procedure for for the arbitrator appointed by him. from any lease site, or allocated to any settlement of damages claimed? such lease site, shall carry on his/her (e) When an act of an oil or gas lessee Where the surface owner or his lessee person, in his/her vehicle, or in his/her or its authorized representative results suffers damage due to the oil and gas immediate control, documentation in injury to both the surface owner and operations and/or marketing of oil or gas showing at a minimum; the amount, his lessee, the parties aggrieved shall by lessee or its authorized origin, and intended first purchaser of join in the appointment of an arbitrator. representative, the procedure for the oil. recovery shall be as follows: Where the injury complained of is (b) Any person engaged in (a) The party or parties aggrieved chargeable to more than one oil or gas transporting any oil or gas or other shall, as soon as possible after the lessee, or its authorized representative, marketable product by pipeline from discovery of any damages, serve written all such chargeable lessees or any lease site, or allocated to any lease notice to lessee or its authorized representatives shall join in the site, shall maintain documentation representative as provided by § 226.36. appointment of an arbitrator. showing, at a minimum, the amount, Written notice shall contain the nature (f) Any two of the arbitrators may origin, and intended first purchaser of and location of the alleged damages, the make a decision as to the amount of such oil or gas or other marketable date of occurrence, the names of the damage due. The decision shall be in product. party or parties causing said damages, writing and shall be served forthwith (c) On any lease site, any authorized and the amount of damages. It is not upon the parties in interest. Each party representative of the Superintendent intended by this requirement to limit shall have 90 days from the date the who is properly identified may stop and the time within which action may be decision is served in which to file an inspect any motor vehicle that he/she brought in the courts to less than the 90- action in a court of competent has probable cause to believe is carrying day period allowed by section 2 of the jurisdiction. If no such action is filed oil from any such lease site, or allocated Act of March 2, 1929 (45 Stat. 1478, within said time and the award is to such lease site, to determine whether 1479). against the lessee or its authorized the driver possesses proper (b) If the alleged damages are not representative, he/she shall pay the documentation for the load of oil. adjusted at the time of such notice, the same, together with interest at an annual (d) Any authorized representative of lessee or its authorized representative rate established for the Internal Revenue the Superintendent who is properly shall try to adjust the claim with the Service from date of award, within 10 identified and who is accompanied by party or parties aggrieved within 20 days after the expiration of said period an appropriate law enforcement officer, days from receipt of the notice. If the for filing an action. or an appropriate law enforcement claimant is the owner of restricted (g) The lessee or its authorized officer alone, may stop and inspect any property and a settlement results, a copy motor vehicle which is not on a lease of the settlement agreement shall be representative shall file with the Superintendent a report on each site if he/she has probable cause to submitted to the Superintendent for believe the vehicle is carrying oil from approval. If the settlement agreement settlement agreement, setting out the nature and location of the damage, date, a lease site, or allocated to a lease site, concerning the restricted property is to determine whether the driver approved by the Superintendent, and amount of the settlement, and any other pertinent information. possesses proper documentation for the payment shall be made to the load of oil. Superintendent for the benefit of said § 226.42 What are a lessee’s obligations claimant. for production? § 226.44 What are a lessee’s obligations (c) If the parties fail to adjust the for preventing pollution? claim within the 20 days specified, then (a) The lessee shall put into (a) All lessees, contractors, drillers, within 10 days thereafter each of the marketable condition at no cost to the service companies, pipe pulling and interested parties shall appoint an lessor, all oil, gas, and other marketable salvaging contractors, or other persons, arbitrator who immediately upon their products produced from the leased land. shall at all times conduct their appointment shall agree upon a third (b) Where oil accumulates in a pit, operations and drill, equip, operate, arbitrator. If the two arbitrators shall fail such oil must either be: produce, plug, and abandon all wells to agree upon a third arbitrator within (1) Recirculated through the regular drilled for oil or gas, service wells or 10 days, they shall immediately notify treating system and returned to the exploratory wells (including seismic, the parties in interest. If said parties stock tanks for sale; or core, and stratigraphic holes) in a cannot agree upon a third arbitrator manner that will prevent pollution and within 5 days after receipt of such (2) Pumped into a stock tank without the migration of oil, gas, salt water, or notice, the Superintendent shall appoint treatment and measured for sale in the other substance from one stratum into the third arbitrator. same manner as from any sales tank in another, including any fresh water (d) As soon as the third arbitrator is accordance with applicable orders and bearing formation. appointed, the arbitrators shall meet; notices. (b) Pits for drilling mud or deleterious hear the evidence and arguments of the (c) In the absence of prior approval substances used in the drilling, parties; and examine the lands, crops, from the Superintendent, no oil should completion, recompletion, or workover improvements, or other property alleged be pumped into a pit except in an of any well shall be constructed and to have been injured. Within 10 days emergency. Each such occurrence must maintained to prevent pollution of they shall render their decision as to the be reported to the Superintendent and surface and subsurface fresh water. amount of the damage due. The the oil promptly recovered in These pits shall be enclosed with a arbitrators shall be disinterested accordance with applicable orders and fence of at least four strands of barbed persons. The fees and expenses of the notices. wire, or an approved substitute,

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stretched taut to adequately braced discovered, but not later than the next contractor may install necessary lines corner posts, unless the surface owner, business day. and other equipment within the Osage user, or the Superintendent gives (1) The lessee shall exercise due Mineral Estate to obtain such water. consent to the contrary. Immediately diligence in taking necessary measures, Any damage resulting from such after completion of operations, pits shall subject to approval by the installation shall be settled as provided be emptied, reclaimed, and leveled Superintendent, to control and remove in § 226.41. unless otherwise requested by surface pollutants and to extinguish fires. owner or user. (2) A lessee’s compliance with the § 226.49 What are the responsibilities of requirements of the regulations in this an oil lessee when a gas well is drilled and (c) Drilling pits shall be adequate to vice versa? contain mud and other material part shall not relieve the lessee of the extracted from wells and shall have obligation to comply with other Prior to drilling, an oil or gas lessee adequate storage to maintain a supply of applicable laws and regulations. shall notify the other lessees of its intent mud for use in emergencies. (d) When required by the to drill. When an oil lessee in drilling Superintendent, a contingency plan a well encounters a formation or zone (d) No earthen pit, except those used shall be submitted describing having indications of possible gas in the drilling, completion, procedures to be implemented to protect production, or the gas lessee in drilling recompletion or workover of a well, life, property, and the environment. a well encounters a formation or zone shall be constructed, enlarged, (e) The lessee’s liability for damages having indication of possible oil reconstructed or used without approval to third parties shall be governed by production, the lessee shall immediately of the Superintendent. Unlined earthen applicable law. notify the other lessee and the pits shall not be used for the storage of Superintendent. The lessee drilling the salt water or other deleterious § 226.46 What safety precautions must a well shall obtain all information that a substances. lessee take? prudent lessee would utilize to evaluate (e) Deleterious fluids other than fresh The lessee shall perform operations the productive capability of such water drilling fluids used in drilling or and maintain equipment in a safe and formation or zone. workover operations, which are workmanlike manner. The lessee shall (a) Gas well to be turned over to gas displaced or produced in well take all precautions necessary to lessee. If an oil lessee drills a gas well, completion or stimulation procedures, provide adequate protection for the it shall, without removing from the well including, but not limited to, fracturing, health and safety of life and the any of the casing or other equipment, acidizing, swabbing, and drill stem protection of property. Such precautions immediately shut the well in and notify tests, shall be collected into a pit lined shall not relieve the lessee of the the gas lessee and the Superintendent. with plastic of at least 30 mil or a metal responsibility for compliance with other tank and maintained separately from pertinent health and safety requirements (1) If the gas lessee does not, within above-mentioned drilling fluids to allow under applicable laws or regulations. 45 days after receiving notice and for separate disposal. determining the cost of drilling, elect to § 226.47 When can the Superintendent take over such well and reimburse the § 226.45 What are a lessee’s other grant easements for wells off leased oil lessee the cost of drilling, including environmental responsibilities? premises? all damages paid and the cost in-place The Superintendent, with the consent (a) The lessee shall conduct of casing, tubing, and other equipment, of the Osage Minerals Council, may operations in a manner which protects the oil lessee shall immediately confine grant commercial and noncommercial the mineral resources, other natural the gas to the original stratum. The easements for wells off the leased resources, and environmental quality. disposition of such well and the premises to be used for purposes The lessee shall comply with the production therefrom shall then be associated with oil and gas production. pertinent orders of the Superintendent subject to the approval of the Rents payable to the Osage Mineral and other standards and procedures as Superintendent. Estate for such easements shall be in an set forth in the applicable laws, (2) If the oil lessee and gas lessee amount agreed to by Grantee and the regulations, lease terms and conditions, cannot agree on the cost of the well, the Osage Minerals Council, subject to the and the approved drilling plan or Superintendent will apportion the cost approval of the Superintendent. Grantee subsequent operations plan. between the oil and gas lessees. shall be responsible for all damages (b) The lessee shall exercise due care (b) Oil well to be turned over to oil resulting from the use of such wells and and diligence to assure that leasehold lessee. If a gas lessee drills an oil well, settlement for any damages shall be operations do not result in undue then it must immediately, without made as provided in § 226.41. damage to surface or subsurface removing from the well any of the resources or surface improvements. § 226.48 A lessee’s use of water. casing or other equipment, notify the oil (1) All produced water must be The lessee or his contractor may, with lessee and the Superintendent. disposed of by injection into the the approval of the Superintendent, use (1) If the oil lessee does not, within 45 subsurface, in approved pits, or by other water from streams and natural water days after receipt of notice and cost of methods which have been approved by courses to the extent that such use does drilling, elect to take over the well, it the Superintendent. not diminish the supply below the must immediately notify the gas lessee. (2) Upon the conclusion of operations, requirements of the surface owner from From that point, the Superintendent the lessee shall reclaim the disturbed whose land the water is taken. must approve the disposition of the surface in a manner approved or Similarly, the lessee or his contractor well, and any gas produced from it. prescribed by the Superintendent. may use water from reservoirs formed (2) If the oil lessee chooses to take (c) All spills or leakages of oil, gas, by the impoundment of water from such over the well, it must pay to the gas other marketable products, produced streams and natural water courses, if lessee: water, toxic liquids, or waste materials, such use does not exceed the quantity (i) The cost of drilling the well, blowouts, fires, personal injuries, and to which they originally would have including all damages paid; and fatalities shall be reported by the lessee been entitled had the reservoirs not (ii) The cost in place of casing and to the Superintendent as soon as been constructed. The lessee or his/her other equipment.

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(3) If the oil lessee and the gas lessee offered by a gas purchaser. This bore is to be protected, and the cannot agree on the cost of the well, the requirement shall be subject to the contemplated eventual disposition of Superintendent will apportion the cost determination by the Superintendent the well. The method of conditioning between the oil and gas lessees. that gas in sufficient quantities is such well shall be subject to the (c) Lands not leased. If a gas lessee available above that needed for lease approval of the Superintendent. drills an oil well upon lands not leased operation and that no waste would (b) Prior to permanent abandonment for oil purposes or vice versa, the result. In the absence of a gas purchaser, of any well, the oil lessee or the gas Superintendent may, until such time as the rate to be paid by the Osage Tribe lessee, as the case may be, shall offer the said lands are leased, permit the lessee shall be determined by the well to the other for his recompletion or who drilled the well to operate and Superintendent based on prices being use under such terms as may be market the production therefrom. When paid by purchasers in the Osage Mineral mutually agreed upon but not in conflict said lands are leased, the lessee who Estate. The Osage Tribe is to furnish all with the regulations. Failure of the drilled and completed the well shall be necessary materials and labor for such lessee receiving the offer to reply within reimbursed by the oil or gas lessee for connection with the lessee’s gas system. 10 days after receipt thereof shall be the cost of drilling said well, including The use of such gas shall be at the risk deemed a rejection of the offer. If, after all damages paid and the cost of in- of the Osage Tribe at all times. indicating acceptance, the two parties place casing, tubing, and other (2) Any member of the Osage Tribe cannot agree on the terms of the offer equipment. If the lessee does not elect residing in Osage County and outside a within 30 days, the disposition of such to take over said well as provided above, corporate city is entitled to the use at well shall be determined by the the disposition of such well and the his own expense of not to exceed Superintendent. production therefrom shall be 400,000 cubic feet of gas per calendar (c) The Superintendent is authorized determined by the Superintendent. In year for his principal residence at a rate to shut in a lease when the lessee fails the event the oil lessee and gas lessee not to exceed the amount paid by a gas to comply with the terms of the lease, cannot agree on the cost of the well, purchaser plus 10 percent. This the regulations, and/or orders of the such cost shall be apportioned between requirement shall be subject to the Superintendent. the oil and gas lessee by the determination by the Superintendent § 226.53 When must a lessee dispose of Superintendent. that gas in sufficient quantities is casings and other improvements? available above that needed for lease (a) Upon termination of a lease, § 226.50 How is the cost of drilling a well operation and that no waste would determined? permanent improvements, unless result. In the absence of a gas purchaser, otherwise provided by written The term ‘‘cost of drilling’’ as applied the amount to be paid by the Tribal where one lessee takes over a well agreement with the surface owner and member shall be determined by the filed with the Superintendent, shall drilled by another, shall include all Superintendent. Gas to Tribal members reasonable, usual, necessary, and proper remain a part of said land and become shall not be royalty free. The Tribal the property of the surface owner upon expenditures. A list of expenses member is to furnish all necessary mentioned in this section shall be termination of the lease, other than by material and labor for such connection termination for cause. Exceptions presented to proposed purchasing lessee to the lessee’s gas system, and shall within 10 days after the completion of include personal property not limited to maintain his own lines. The use of such tools, tanks, pipelines, pumping and the well. In the event of a disagreement gas shall be at the risk of the Tribal between the parties as to the charges drilling equipment, derricks, engines, member at all times. machinery, tubing, and the casings of all assessed against the well that is to be (3) Gas furnished by the lessee under wells. When any lease terminates, all taken over, such charges shall be paragraphs (b)(1) and (2) of this section such personal property shall be determined by the Superintendent. may be terminated only with the removed within 90 days or such approval of the Superintendent. A § 226.51 What are the requirements for reasonable extension of time as may be written application for termination must using gas for operating purposes and tribal granted by the Superintendent. be made to the Superintendent showing uses? Otherwise, the ownership of all casings justification. All gas used in accordance with this shall revert to lessor and all other section must first be odorized and Subpart D—Cessation of Operations personal property and permanent treated in accordance with industry improvements to the surface owner. standards for safe use. § 226.52 When can a lessee shutdown, Nothing herein shall be construed to (a) Gas to be furnished oil lessee. The abandon, and plug a well? relieve the lessee of responsibility for lessee of a producing gas lease shall No well shall be abandoned until its removing any such personal property or furnish the oil lessee sufficient gas for lack of further profitable production of permanent improvements from the operating purposes at a rate to be agreed oil and/or gas has been demonstrated to premises if required by the upon, or on failure to agree, the rate the satisfaction of the Superintendent. Superintendent and restoring the shall be determined by the The lessee shall not shut down, premises as nearly as practicable to the Superintendent: Provided, that the oil abandon, or otherwise discontinue the original state. lessee shall at his own expense and risk, operation or use of any well for any (b) Upon termination of lease for furnish and install the necessary purpose without the written approval of cause. When there has been a connections to the gas lessee’s well or the Superintendent. All applications for termination for cause, the lessor shall be pipeline. All such connections shall be such approval shall be submitted to the entitled and authorized to take reported in writing to the Superintendent on forms furnished by immediate possession of the lease Superintendent. the Superintendent. premises and all permanent (b) Use of gas by Osage Tribe. (1) Gas (a) Application for authority to improvements and all other equipment from any well or wells shall be permanently shut down or discontinue necessary for the operation of the lease. furnished to any Tribal-owned building the use or operation of a well shall set (c) Wells to be abandoned shall be or enterprise at a rate not to exceed the forth the justification, probable promptly plugged as prescribed by the price less the royalty being received or duration, the means by which the well Superintendent. Applications to plug

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shall include a statement affirming maintained for a longer period. When an determine conditions in the well or compliance with § 226.52 and shall set audit or investigation is underway, producing reservoir and to obtain forth reasons for plugging, a detailed records shall be maintained until the information concerning formations statement of the proposed work, lessee is released in writing from the drilled, and shall furnish such reports as including the kind, location, and length obligation to maintain the records. required in the manner and method of plugs (by depth), plans for mudding specified by the Superintendent. and cementing, testing, parting and § 226.55 When must a lessee designate (c) Within 10 days after completion of process agents? removing casing, and any other operations on any well, the lessee shall pertinent information: Provided, that (a) Before actual drilling or transmit to the Superintendent: the Superintendent may give oral development operations are commenced (1) All applicable information on permission and instructions pending on leased lands, the lessee or assignee, forms furnished by the Superintendent; receipt of a written application to plug if not a resident of the State of (2) A copy of the electrical, a newly drilled hole. The lessee shall Oklahoma, shall appoint a local or mechanical or radioactive log, or other submit a written application for resident representative within the State types of survey of the well bore; and authority to plug a well. of Oklahoma on whom the (3) The core analysis obtained from (d) The lessee shall plug and fill all Superintendent may serve notice or the well. dry or abandoned wells in a manner to otherwise communicate in securing (d) The lessee shall also submit other confine the fluid in each formation compliance with the regulations in this reports and records of operations as may bearing fresh water, oil, gas, salt water, part, and shall notify the be required and in the manner, form, and other minerals, and to protect it Superintendent of the name and post and method prescribed by the against invasion of fluids from other office address of the representative Superintendent. sources. Mud-laden fluid, cement, and appointed. (e) The lessee shall measure (b) Where several parties own a lease other plugs shall be used to fill the hole production of oil, gas, other marketable jointly, one representative or agent shall from bottom to top. product, and water from individual be designated whose duties shall be to (1) If a satisfactory agreement is wells at reasonably frequent intervals to act for all parties concerned. reached between the lessee and the the satisfaction of the Superintendent. Designation of such representative surface owner, subject to the approval of (f) Upon request and in the manner, should be made by the party in charge the Superintendent, the lessee may form and method prescribed by the of operations. condition the well for use as a fresh Superintendent, the lessee shall furnish (c) In the event of the incapacity or water well and shall so indicate on the a plat showing the location, designation, absence from the State of Oklahoma of plugging record. and status of all wells on the leased such designated local or resident (2) The manner in which plugging lands, together with such other representative, the lessee shall appoint material shall be introduced and the pertinent information as the a substitute to serve in his stead. In the type of material so used shall be subject Superintendent may require. to the approval of the Superintendent. absence of such representative or (3) Within 10 days after plugging, the appointed substitute, any employee of § 226.57 What line drilling limitations must lessee shall file with the Superintendent the lessee upon the leased premises or a lessee comply with? a complete report of the plugging of person in charge of drilling or related The lessee shall not drill within 300 each well. operations thereon shall be considered feet of the boundary line of leased lands, (4) When any well is plugged and the representative of the lessee for the or locate any well or tank within 200 abandoned, the lessee shall, within 90 purpose of service of orders or notices feet of any public highway, any days, clean up the premises around as herein provided. established watering place, or any such well to the satisfaction of the § 226.56 What are the lessee’s record and building used as a dwelling, granary, or Superintendent. reporting requirements for wells? barn, except with the written permission of the Superintendent. Subpart E—Requirements of Lessees (a) The lessee shall keep accurate and complete records of the drilling, Failure to obtain advance written § 226.54 What general requirements apply redrilling, deepening, repairing, permission from the Superintendent to lessees? treating, plugging, or abandonment of shall subject the lessee to termination of (a) The lessee shall comply with all all wells. These records shall show: the lease and/or plugging of the well. orders or instructions issued by the (1) All the formations penetrated, the § 226.58 What are the requirements for Superintendent. The Superintendent or content and character of the oil, gas, marking wells and tank batteries? his representative may enter upon the other marketable product, or water in The lessee shall clearly and leased premises for the purpose of each formation, and the kind, weight, permanently mark all wells and tank inspection. size, landed depth, and cement record batteries in a conspicuous place with (b) The lessee shall keep a full and of casing used in drilling each well; the number, legal description, operator’s correct account of all operations, (2) The record of drill-stem and other name, lessee’s name, and telephone receipts, and disbursements and make bottom hole pressure or fluid sample number, and shall take all necessary reports thereof, as required. surveys, temperature surveys, precautions to preserve these markings. (c) The lessee’s books and records directional surveys, and the like; shall be available to the Superintendent (3) The materials and procedure used § 226.59 What precautions must a lessee for inspection. in the treating or plugging of wells or in take to ensure natural formations are (d) The lessee shall maintain and preparing them for temporary protected? preserve records for 6 years from the abandonment; and The lessee shall, to the satisfaction of day on which the relevant transaction (4) Any other information obtained in the Superintendent, take all proper recorded occurred unless the the course of well operation. precautions and measures to prevent Superintendent notifies the lessee of an (b) The lessee shall take such samples damage or pollution of oil, gas, fresh audit or investigation involving the and make such tests and surveys as may water, or other mineral bearing records and that they must be be required by the Superintendent to formations.

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§ 226.60 What are a lessee’s obligations to marketable products and shall not this subparagraph shall subject the maintain control of wells? wastefully utilize oil or gas or other lessee to a penalty of $500. This dollar (a) In drilling operations in fields marketable products. amount shall be adjusted as specified in where high pressures, lost circulation, (b) The Superintendent shall have the § 226.70. Repeated failures to inform the or other conditions exist which could authority to impose such requirements Superintendent shall render the lease result in blowouts, the lessee shall as he deems necessary to prevent waste subject to termination after consultation install an approved gate valve or other of oil and gas and other marketable with the Osage Minerals Council. controlling device in proper working products and to promote the greatest (d) The Superintendent shall have the condition for use until the well is ultimate recovery of oil and gas and right to witness all gaugings, completed. At all times, preventative other marketable products. unannounced, on each lease. The lessee measures must be taken in all well (c) For purposes of this section, waste shall fully cooperate with such gaugings operations to maintain proper control of includes, but is not limited to, the and repeated failures to comply shall subsurface strata. inefficient excessive or improper use or render the lease subject to termination (b) Drilling wells. The lessee shall take dissipation of reservoir energy which after consultation with the Osage all necessary precautions to keep each would reasonably reduce or diminish Minerals Council. well under control at all times, and shall the quantity of oil or gas or other § 226.63 How is gas measured? utilize and maintain materials and marketable product that might equipment necessary to insure the safety ultimately be produced, or the (a) All gas required to be measured of operating conditions and procedures. unnecessary or excessive surface loss or shall be measured in accordance with (c) Vertical drilling. The lessee shall destruction, without beneficial use, of the standards, procedures, and practices conduct drilling operations in a manner oil, gas or other marketable product. set forth in Bureau of Land Management so that the completed well does not Onshore Oil and Gas Order 5, § 226.62 How does a lessee measure and Measurement of Gas, and any deviate significantly from the vertical store oil? without the prior written approval of amendments thereto. To the extent that (a) All production run from the lease the Superintendent. Significant Onshore Oil and Gas Order 5 conflicts shall be measured according to methods deviation means a projected deviation of with any provision of these regulations, and devices approved by the the well bore from the vertical of 10° or these regulations shall control. Superintendent. Facilities suitable for (b) All gas, required to be measured, more, or a projected bottom hole containing and measuring accurately all shall be measured by meter (preferably location which could be less than 200 crude oil produced from the wells shall of the orifice meter type) unless feet from the spacing unit or lease be provided by the lessee and shall be otherwise agreed to in writing by the boundary. Any well which deviates located on the leasehold unless Superintendent. All gas meters must be more than 10° from the vertical or could otherwise approved by the approved by the Superintendent and result in a bottom hole location less Superintendent. The lessee shall furnish installed at the expense of the lessee or than 200 feet from the spacing unit or to the Superintendent a copy of 100- purchaser at such places as may be lease boundary without prior written percent capacity tank table for each agreed to in writing by the approval must be reported promptly to tank. Meters and installations for Superintendent. For computing the the Superintendent. In these cases, a measuring oil must be approved. volume of all gas produced, sold or directional survey is required. (b) The lessee must ensure that each subject to royalty, the standard of (d) High pressure or loss of Lease Automatic Custody Transfer pressure shall be 14.65 pounds to the circulation. The lessee shall take (LACT) meter is inspected, calibrated, square inch, and the standard of immediate steps and utilize necessary and adjusted at least twice in each temperature shall be 60 degrees F. All resources to maintain or restore control calendar year, no less than five months measurements of gas shall be adjusted of any well in which the pressure apart. The lessee must ensure that the by computation to these standards, equilibrium has become unbalanced. (e) Protection of fresh water and other Superintendent is given 48 hours prior regardless of the pressure and minerals. The lessee shall isolate notice of all LACT meter inspections, temperature at which the gas was freshwater-bearing and other usable calibrations, and adjustments. The actually measured, unless otherwise water containing 5,000 ppm or less of Superintendent shall have the right to authorized in writing by the dissolved solids and other mineral- witness, unannounced, all LACT meter Superintendent. (c) The lessee must ensure that each bearing formations and protect them inspections, calibrations, and meter is inspected, calibrated, and from contamination. Tests and surveys adjustments. The lessee shall fully adjusted at least twice in each calendar of the effectiveness of such measures cooperate with such witnessing. If the year, no less than five months apart. The shall be conducted by the lessee using Superintendent is not present, then he lessee must ensure that the procedures and practices approved or may request records relating to all LACT Superintendent is given 48 hours prior prescribed by the Superintendent. meter inspections, calibrations, and (f) Whenever applicable given the adjustments. Repeated failures to notice of all meter inspections, circumstances, the lessee shall conduct comply with this subparagraph shall calibrations, and adjustments. The activities in accordance with the render the lease subject to termination Superintendent shall have the right to standards and procedures set forth in after consultation with the Osage witness, unannounced, all meter Bureau of Land Management Onshore Minerals Council. inspections, calibrations, and Order 6, Hydrogen Sulfide Operations, (c) When a tank of oil is ready for adjustments. The lessee shall fully and any amendments thereto. removal by the purchaser, the lessee cooperate with such witnessing or be shall ensure that the Superintendent is subject to lease termination. If the § 226.61 How does a lessee prevent waste informed of that fact before the Superintendent is not present, he may of oil and gas and other marketable purchaser is so informed via an request records relating to all meter products? electronic or telephonic method inspections, calibrations, and (a) The lessee shall conduct all established by the Superintendent for adjustments. Repeated failures to operations in a manner that will prevent reporting pursuant to this subparagraph. comply with this subparagraph shall waste of oil and gas and other Failure to comply with the provisions of render the lease subject to termination

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after consultation with the Osage piping around the LACT. All compliance with the plan. At the Minerals Council. components of the LACT that are used lessee’s option, a single plan may for volume or quality determinations of include all of the lessee’s leases, units, § 226.64 When can a lessee use of gas for the oil shall be effectively sealed. For and communitized areas, provided the lifting oil? systems where production may only be plan clearly identifies each lease, unit, The lessee shall not use raw natural removed through the LACT, no sales or or communitized area included within gas from a distinct or separate stratum equalizer valves need be sealed. the scope of the plan and the extent to for the purpose of flowing or lifting the However, any valves which may allow which the plan is applicable to each oil, except where the lessee has an access for removal of oil before lease, unit, or communitized area so approved right to both the oil and the measurement through the LACT shall be identified. gas, and then only with the approval of effectively sealed. (2) The lessee shall retain the plan, the Superintendent of such use and of (3) There shall be no by-pass piping but shall notify the Superintendent of the manner of its use. around gas meters. Equipment which its completion and which leases, units, permits changing the orifice plate § 226.65 What site security standards and communitized areas are involved. apply to oil and gas and other marketable without bleeding the pressure off the gas Such notification is due at the time the product leases? meter run is not considered a by-pass. plan is completed as required by (4) For oil measured and sold by hand (a) Definitions. The following paragraph (c)(1) of this section. Such gauging, all appropriate valves shall be notification shall include the location definitions apply to terms used in this sealed during the production or sales section. and normal business hours of the office phase, as applicable. where the plan will be maintained. Appropriate valves. Those valves in a (5) Circulating lines having valves particular piping system, i.e., fill lines, Upon request, all plans shall be made which may allow access to remove oil available to the Superintendent. equalizer or overflow lines, sales lines, from storage and sales facilities to any circulating lines, and drain lines that (3) The plan shall include the other source except through the treating frequency and method of the lessee’s shall be sealed during a given operation. equipment back to storage shall be Effectively sealed. The placement of a inspection and production volume effectively sealed as near the storage recordation. The Superintendent may, seal in such a manner that the position tank as possible. of the sealed valve may not be altered upon examination, require adjustment (6) The lessee, with reasonable of the method or frequency of without the seal being destroyed. frequency, shall inspect all leases to Production phase. That period of time inspection. determine production volumes and that (d) Site facility diagrams. (1) Facility or mode of operation during which the minimum site security standards are diagrams are required for all facilities crude oil is delivered directly to or being met. The lessee shall retain which are used in storing oil/ through production vessels to the records of such inspections and condensate. Facility diagrams shall be storage facilities and includes all measurements for 6 years from filed within 60 days after new operations at the facility other than generation. Such records and measurement facilities are installed or those defined by the sales phase. measurements shall be available to the existing facilities are modified. Sales phase. That period of time or Superintendent upon request. (2) No format is prescribed for facility mode of operation during which crude (7) Any lessee may request the diagrams. They are to be prepared on oil is removed from the storage facilities Superintendent to approve a variance 81⁄2″ × 11″ paper, if possible, and be for sales, transportation or other from any of the minimum standards legible and comprehensible to a person purposes. prescribed by this section. The variance with ordinary working knowledge of oil Seal. A device, uniquely numbered, request shall be submitted in writing to field operations and equipment. The which completely secures a valve. the Superintendent who may consider diagram need not be drawn to scale. (b) Minimum Standards. Each lessee such factors as regional oil field facility (3) A site facility diagram shall shall comply with the following characteristics and fenced, guarded accurately reflect the actual conditions minimum standards to assist in sites. The Superintendent may approve at the site and shall, commencing with providing accountability of oil or gas a variance if the proposed alternative the header if applicable, clearly identify production: will ensure measures equal to or in the vessels, piping, metering system, (1) All lines entering or leaving oil excess of the minimum standards and pits, if any, which apply to the storage tanks shall have valves capable provided in paragraph (b) of this section handling and disposal of oil, gas and of being effectively sealed during the will be put in place to detect or prevent water. The diagram shall indicate which production and sales operations unless internal and external theft, and will valves shall be sealed and in what otherwise modified by other result in proper production position during the production or sales subparagraphs of this paragraph, and accountability. phase. The diagram shall clearly any equipment needed for effective (c) Site security plans. (1) Site security identify the lease on which the facility sealing, excluding the seals, shall be plans, which include the lessee’s plan is located and the site security plan to located at the site. For a minimum of 6 for complying with the minimum which it is subject, along with the years the lessee shall maintain a record standards enumerated in paragraph (b) location of the plan. of seal numbers used and shall of this section for ensuring document on which valves or accountability of oil/condensate § 226.66 What are a lessee’s reporting connections they were used as well as production are required for all facilities requirements for accidents, fires, theft, and when they were installed and removed. and such facilities shall be maintained vandalism? The site facility diagram(s) shall show in compliance with the plan. For new Lessees shall make a complete report which valves will be sealed in which facilities, notice shall be given that it is to the Superintendent of all accidents, position during both the production and subject to a specific existing plan, or a fires, or acts of theft and vandalism sales phases of operation. notice of a new plan shall be submitted, occurring on the leased premises as (2) Each LACT system shall employ no later than 60 days after completion soon as discovered, but not later than meters that have non-resettable of construction or first production, and the next business day. Said report shall totalizers. There shall be no by-pass on that date the facilities shall be in include an estimate of the volume of oil

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involved. Lessees also are expected to the Superintendent in writing under not less than 11⁄2 percent per month for report such thefts promptly to local law authority provided in this part, if said each month or fraction thereof until enforcement agencies and internal operation is thereafter performed by or paid, or such other rate as may be set company security. through the Superintendent, the actual by the Superintendent after consultation cost of performance thereof, plus 25 with the Osage Minerals Council. The Subpart F—Penalties percent. Osage Minerals Council, subject to the § 226.67 What are the penalties for (j) For failure to maintain adequate approval of the Superintendent, may violations of lease terms? bonding as required by § 226.9, $500 per waive the late charge. day. Violation of any of the terms or (k) Whenever a transporter fails to Subpart G—Appeals and Notices conditions of any lease or of the permit inspection for proper regulations in this part shall subject the § 226.71 Who can file an appeal? documentation by any authorized lease to termination by the Any person, firm or corporation representative of the Superintendent, Superintendent after consultation with aggrieved by any decision or order the transporter shall be liable for a civil the Osage Minerals Council; or the issued by or under the authority of the penalty of up to $1,000 per day for the lessee to a fine of not more than $1000 Superintendent, by virtue of the violation, not to exceed a maximum of per day for each day of noncompliance regulations in this part, may appeal 20 days, dating from the date of notice with the written orders of the pursuant to 25 CFR part 2. of the failure to permit inspection and Superintendent; or to both such fine and continuing until the proper lease termination. The dollar amount of § 226.72 Are the notices by the documentation is provided. Superintendent binding? penalties under this section shall be adjusted as specified in § 226.70. All § 226.69 What are the penalties for Notices and orders issued by the penalties and fines shall be paid to the providing false, inaccurate, or misleading Superintendent to the representative Superintendent in the form of a money information; or engaging in unlawful acts? shall be binding on the lessee. The order, cashier’s check or electronic (a) The lessee or its authorized Superintendent may in his/her funds transfer. representative is hereby notified that discretion increase the time allowed in criminal procedures are provided by 18 his/her orders and notices. § 226.68 What are the penalties for violation of certain operating regulations? U.S.C. 1001 for knowingly filing § 226.73 Information collection. fraudulent reports and information. The collections of information in this In lieu of the penalties provided (b) Any person shall be liable for a under § 226.67, penalties may be part have been approved by the Office civil penalty of up to $25,000 per of Management and Budget under 44 imposed by the Superintendent for violation for each day such violation violation of certain sections of the U.S.C. 3501 et seq. and assigned OMB continues, not to exceed a maximum of Control Number 1076–0XXX. Response regulations of this part as follows, with 20 days if he/she: the dollar amounts in this section is required to obtain a benefit. A Federal (1) Knowingly or willfully prepares, agency may not conduct or sponsor, and adjusted as specified in § 226.70: maintains or submits false, inaccurate or (a) For failure to obtain permission to you are not required to respond to, a misleading reports, notices, affidavits, collection of information unless it start operations required by § 226.34(a), records, data or other written $150 per day. displays a currently valid OMB Control information required by this part; or Number. (b) For failure to file records required (2) Knowingly or willfully takes or by § 226.56, $150 per day until removes, transports, uses or diverts any Dated: August 16, 2013. compliance is met. oil or gas or other marketable product Kevin K. Washburn, (c) For failure to mark wells or tank from any lease without having valid Assistant Secretary—Indian Affairs. batteries as required by § 226.58, $150 legal authority to do so; or [FR Doc. 2013–20764 Filed 8–27–13; 8:45 am] per day for each well or tank battery. (3) Purchases, accepts, sells, BILLING CODE 4310–02–P (d) For failure to construct and transports or conveys to another any oil maintain pits as required by § 226.44(b) or gas or other marketable product and (d), $150 for each day after knowing or having reason to know that DEPARTMENT OF THE TREASURY operations are commenced on any well such oil or gas was stolen or unlawfully until compliance is met. removed or diverted from a lease. Alcohol and Tobacco Tax and Trade (e) For failure to comply with § 226.60 (c) The dollar amount of penalties Bureau regarding control of wells, $250 per day. under this section shall be adjusted as (f) For failure to notify specified in § 226.70. 27 CFR Part 9 Superintendent before drilling, redrilling, deepening, plugging, or § 226.70 How are fees and penalties [Docket No. TTB–2013–0004; Notice No. abandoning any well, as required by scaled? 135A; Re: Notice No. 135] §§ 226.34(b) through (c) and 226.49, (a) Whenever the settlement value for RIN 1513–AB96 $400 per day. a barrel of oil under § 226.18 in any (g) For failure to properly care for and month is greater than $100 in the month Proposed Establishment of the Eagle dispose of deleterious fluids as provided preceding the assessment of any dollar Peak Mendocino County Viticultural in § 226.44(e), $1,000 per day until amount in §§ 226.14, 226.62(c), 226.67, Area and Realignments of the compliance is met. and 226.68, the dollar amount shall be Mendocino and Redwood Valley (h) For failure to file plugging reports adjusted by dividing by 100 and Viticultural Areas; Comment Period as required by § 226.53(d) and for failure multiplying by the Settlement Price for Reopening to file reports as required by § 226.26, Oil for the preceding month. AGENCY: Alcohol and Tobacco Tax and $150 per day for each violation until (b) Fines and penalties under this part Trade Bureau, Treasury. compliance is met. that are not received within 10 days ACTION: Notice of proposed rulemaking; (i) For failure to perform or start an after notice of the fine or penalty shall reopening of comment period. operation within 5 days after ordered by be subject to late charges at the rate of

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SUMMARY: The Alcohol and Tobacco Tax minor realignments of the existing vehicular traffic while continuing to and Trade Bureau is reopening the ‘‘Mendocino’’ (27 CFR 9.93) and meet the reasonable needs of navigation. comment period for Notice No. 135, ‘‘Redwood Valley’’ (27 CFR 9.153) DATES: Comments and related material Proposed Establishment of the Eagle viticultural areas in order to eliminate must be received by the Coast Guard on Peak Mendocino County Viticultural any potential overlaps with the or before October 28, 2013. Area and Realignments of the proposed Eagle Peak Mendocino County ADDRESSES: You may submit comments Mendocino and Redwood Valley viticultural area. The 60-day comment identified by docket number USCG– Viticultural Areas, a notice of proposed period for Notice No. 135, originally 2013–0639 using any one of the rulemaking published in the Federal closed on August 26, 2013. following methods: Register on June 27, 2013. TTB is taking On August 20, 2013, TTB received a (1) Federal Rulemaking Portal: this action in response to a request from letter from a Washington, DC attorney http://www.regulations.gov. an interested party. requesting a 60-day extension of the (2) Fax: 202–493–2251. DATES: For Notice No. 135, the proposed comment period for Notice No. 135 in (3) Mail or Delivery: Docket rule published on June 27, 2013 (78 FR order to review the proposal ‘‘to ensure Management Facility (M–30), U.S. 38618), written comments are now due that it does not adversely affect any Department of Transportation, West on or before October 28, 2013. interests related to the requested Building Ground Floor, Room W12–140, ADDRESSES: You may send comments on viticultural area.’’ (This request is 1200 New Jersey Avenue SE., Notice No. 135 to one of the following posted as Comment 7 within Docket No. Washington, DC, 20590–0001. addresses: TTB–2013–0004 at Deliveries accepted between 9 a.m. and • http://www.regulations.gov (via the www.regulations.gov). 5 p.m., Monday through Friday, except online comment form for Notice No. 135 In response to this request, TTB federal holidays. The telephone number as posted within Docket No. TTB–2013– reopens the comment period for Notice is 202–366–9329. 0004 at ‘‘Regulations.gov,’’ the Federal No. 135 for an additional 60 days. See the ‘‘Public Participation and e-rulemaking portal); Therefore, comments on Notice No. 135 Request for Comments’’ portion of the • U.S. Mail: Director, Regulations and are now due on or before October 28, SUPPLEMENTARY INFORMATION section Rulings Division, Alcohol and Tobacco 2013. below for instructions on submitting Tax and Trade Bureau, 1310 G Street comments. To avoid duplication, please Drafting Information NW., Box 12, Washington, DC 20005; or use only one of these four methods. • Hand delivery/courier in lieu of Michael D. Hoover of the Regulations FOR FURTHER INFORMATION CONTACT: If mail: Alcohol and Tobacco Tax and and Rulings Division drafted this notice. you have questions on this proposed Trade Bureau, 1310 G Street NW., Suite Dated: August 22, 2013. rule, call or email Mr. Joe Arca, Project 200E, Washington, DC 20005. John J. Manfreda, Officer, First Coast Guard District Bridge See the Public Participation section of Administrator. Program, telephone 212–668–7165, this notice for specific instructions and email [email protected]. If you have [FR Doc. 2013–20950 Filed 8–27–13; 8:45 am] requirements for submitting comments, questions on viewing or submitting and for information on how to request BILLING CODE 4810–31–P material to the docket, call Barbara a public hearing. Hairston, Program Manager, Docket You may view copies of the petition, Operations, telephone 202–366–9826. Notice No. 135, selected supporting DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: materials, and all public comments SECURITY associated with this proposal within Tables of Acronyms Coast Guard Docket No. TTB–2013–0004 at http:// CFR Code of Federal Regulations www.regulations.gov. You also may DHS Department of Homeland Security view copies of the petition, Notice No. 33 CFR Part 117 FR Federal Register 135, the supporting materials, and all NPRM Notice of Proposed Rulemaking [Docket No. USCG–2013–0639] public comments associated with this § Section Symbol proposal by appointment at the TTB RIN 1625–AA09 U.S.C. United States Code Information Resource Center, 1310 G A. Public Participation and Request for Street NW., Washington, DC 20005. Drawbridge Operation Regulation; Comments Please call 202–453–2270 to make an Hackensack River, Kearny and Jersey appointment. City, NJ We encourage you to participate in this rulemaking by submitting FOR FURTHER INFORMATION CONTACT: AGENCY: Coast Guard, DHS. comments and related materials. All Karen A. Thornton, Regulations and ACTION: Notice of proposed rulemaking. comments received will be posted, Rulings Division, Alcohol and Tobacco without change to http:// Tax and Trade Bureau, 1310 G Street SUMMARY: The Coast Guard proposes to www.regulations.gov and will include NW., Box 12, Washington, DC 20005; temporarily modify the operating any personal information you have telephone 202–453–1039, ext. 175. schedule that governs the Route 1 & 9 provided. SUPPLEMENTARY INFORMATION: In Notice (Lincoln Highway) Bridge across the No. 135, a notice of proposed Hackensack River, mile 2.0, between 1. Submitting Comments rulemaking published in the Federal Kearny and Jersey City, New Jersey. The If you submit a comment, please Register on June 27, 2013 (78 FR 38618), bridge owner, New Jersey Department of include the docket number for this the Alcohol and Tobacco Tax and Trade Transportation, submitted a request to rulemaking (USCG–2013–0639), Bureau (TTB) requested public restrict bridge openings during the indicate the specific section of this comment on the proposed establishment morning and afternoon rush hour document to which each comment of the approximately 26,260-acre ‘‘Eagle periods to alleviate traffic congestion applies, and provide a reason for each Peak Mendocino County’’ American resulting from area roadway closures. It suggestion or recommendation. You viticultural area in northern California. is expected that this change to the may submit your comments and The same document also proposed regulations would provide relief to material online (http://

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www.regulations.gov), or by fax, mail or 4. Public Meeting will be under construction from March hand delivery, but please use only one We do not now plan to hold a public 1, 2014 through March 1, 2016. Tide dependent, deep draft vessels of these means. If you submit a meeting. But you may submit a request would be able to request bridge comment online via http:// for one using one of the four methods www.regulations.gov, it will be openings during the rush hour closure specified under ADDRESSES. Please periods provided at least a twelve hour considered received by the Coast Guard explain why one would be beneficial. If when you successfully transmit the advance notice is given by calling the we determine that one would aid this comment. If you fax, hand deliver, or number posted at the bridge. rulemaking, we will hold one at a time mail your comment, it will be Based on the above information, the and place announced by a later notice considered as having been received by Coast Guard believes it is reasonable to in the Federal Register. the Coast Guard when it is received at allow the Route 1 & 9 (Lincoln the Docket Management Facility. We B. Basis and Purpose Highway) Bridge to remain in the closed position during the morning and recommend that you include your name The Route 1 & 9 (Lincoln Highway) afternoon rush hours to facilitate and a mailing address, an email address, Bridge at mile 2.0, across the additional vehicular traffic detoured or a phone number in the body of your Hackensack River between Kearny and during the two year bridge deck document so that we can contact you if Jersey City, New Jersey, has a vertical we have questions regarding your replacement project at the Pulaski clearance of 40 feet at mean high water submission. Skyway Bridge from March 1, 2014 and 45 feet at mean low water. The To submit your comment online, go to through March 1, 2016. http://www.regulations.gov, type the drawbridge operation regulations are The twelve hour advance notice docket number USCG–2013–0639 in the listed at 33 CFR 117.723. requirement for bridge openings during ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ The waterway users are recreational the rush hour periods gives mariners Click on ‘‘Submit a Comment’’ on the and commercial vessels. ample time to plan and optimize their line associated with this rulemaking. If The owner of the bridge, New Jersey transits through the waterway and also you submit your comments by mail or Department of Transportation, gives the bridge owner the opportunity hand delivery, submit them in an submitted a request to the Coast Guard to alert commuters of any expected to temporarily change the drawbridge unbound format, no larger than 81⁄2; by delays caused by pending bridge 11 inches, suitable for copying and operating regulations. openings. electronic filing. If you submit them by The purpose of this temporary rule is If the Route 1 & 9 Bridge opened mail and would like to know that they to help provide relief from vehicular frequently for vessel traffic during the reached the Facility, please enclose a traffic congestion during the morning morning and afternoon rush hours, stamped, self-addressed postcard or and afternoon vehicular rush hour given the additional detoured vehicular envelope. We will consider all periods due to local construction traffic, it likely would result in comments and material received during detours. Vehicular traffic will be significant vehicular traffic delays that the comment period and may change detoured for two years from the adjacent could impact the ability for emergency the rule based on your comments. Pulaski Skyway Bridge which will be vehicles to respond to emergency under construction to replace its deck situations. 2. Viewing Comments and Documents commencing on March 1, 2014 and To view comments, as well as continuing through March 1, 2016. D. Regulatory Analyses documents mentioned in this preamble The existing regulations require the We developed this proposed rule after as being available in the docket, go to bridge to open on signal at all times. considering numerous statutes and http://www.regulations.gov, type the Under this proposed temporary rule executive orders related to rulemaking. docket number (USCG–2013–0639) in the Route 1 & 9 (Lincoln Highway) Below we summarize our analyses the ‘‘SEARCH’’ box and click Bridge would open on signal; except based on these statutes or executive ‘‘SEARCH.’’ Click on Open Docket that, the draw need not open for the orders. Folder on the line associated with this passage of vessel traffic between 6 a.m. 1. Regulatory Planning and Review rulemaking. You may also visit either and 10 a.m. and 2 p.m. and 6 p.m., the Docket Management Facility in Monday through Friday, except This proposed rule is not a Room W12–140 on the ground floor of holidays ‘‘significant regulatory action’’ under the Department of Transportation West Tide dependent deep draft vessels section 3(f) of Executive Order 12866, Building, 1200 New Jersey Avenue SE., may request bridge openings during the Regulatory Planning and Review, as Washington, DC 20590, between 9 a.m. rush hour closure periods provided at supplemented by Executive Order and 5 p.m., Monday through Friday, least a twelve hour advance notice is 13563, Improving Regulation and except Federal holidays. We have an given by calling the number posted at Regulatory Review, and does not require agreement with the Department of the bridge. an assessment of potential costs and benefits under section 6(a)(3) of Order Transportation to use the Docket C. Discussion of Proposed Rule Management Facility. 12866, or under section 1 of Executive The Coast Guard proposes to change Order 13563. The Office of Management 3. Privacy Act the drawbridge operation regulations at and Budget has not reviewed it under Anyone can search the electronic 33 CFR 117.723 by adding paragraph (i) those Orders. We believe that this rule form of comments received into any of to allow the bridge owner to keep the is not a significant regulatory action our dockets by the name of the Route 1 & 9 (Lincoln Highway) Bridge because the bridge provides adequate individual submitting the comment (or in the closed position during the clearance for recreational vessels to signing the comment, if submitted on morning and afternoon rush hour transit the bridge in the closed position behalf of an association, business, labor periods between 6 a.m. and 10 a.m. and and the commercial vessels will be able union, etc.). You may review a Privacy 2 p.m. and 6 p.m., Monday through to request openings between 6 p.m. and Act notice regarding our public dockets Friday, except holidays, to facilitate 6 a.m. and again, from 10 a.m. until 2 in the January 17, 2008, issue of the additional vehicular traffic detoured p.m. provided the requisite advance Federal Register (73 FR 3316). from the Pulaski Skyway Bridge which notice is given by calling the number

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posted at the bridge. Additionally, The Coast Guard will not retaliate Protection of Children from commercial deep draft vessel traffic may against small entities that question or Environmental Health Risks and Safety request bridge openings during the complain about this proposed rule or Risks. This rule is not an economically closure periods if at least a twelve hour any policy or action of the Coast Guard. significant rule and would not create an advance notice is given. environmental risk to health or risk to 4. Collection of Information safety that might disproportionately 2. Impact on Small Entities This proposed rule would call for no affect children. The Regulatory Flexibility Act of 1980 new collection of information under the 11. Indian Tribal Governments (RFA), 5 U.S.C. 601–612, as amended, Paperwork Reduction Act of 1995 (44 requires federal agencies to consider the U.S.C. 3501–3520). This proposed rule does not have potential impact of regulations on small 5. Federalism tribal implications under Executive entities during rulemaking. The term Order 13175, Consultation and ‘‘small entities’’ comprises small A rule has implications for federalism Coordination with Indian Tribal businesses, not-for-profit organizations under Executive Order 13132, Governments, because it would not have that are independently owned and Federalism, if it has a substantial direct a substantial direct effect on one or effect on the States, on the relationship operated and are not dominant in their more Indian tribes, on the relationship between the national government and fields, and governmental jurisdictions between the Federal Government and the States, or on the distribution of with populations of less than 50,000. Indian tribes, or on the distribution of power and responsibilities among the The Coast Guard certifies under 5 power and responsibilities between the various levels of government. We have Federal Government and Indian tribes. U.S.C. 605(b) that this proposed rule analyzed this proposed rule under that would not have a significant economic Order and have determined that it does 12. Energy Effects impact on a substantial number of small not have implications for federalism. entities. This proposed rule is not a ‘‘significant energy action’’ under This proposed rule would affect the 6. Protest Activities Executive Order 13211, Actions following entities, some of which might The Coast Guard respects the First Concerning Regulations That be small entities: The owners or Amendment rights of protesters. Significantly Affect Energy Supply, operators of vessels needing to transit Protesters are asked to contact the Distribution, or Use. through the bridge between 6 a.m. and person listed in the FOR FURTHER 10 a.m. or between 2 p.m. and 6 p.m. INFORMATION CONTACT section to 13. Technical Standards This action will not have a significant coordinate protest activities so that your This proposed rule does not use economic impact on a substantial message can be received without technical standards. Therefore, we did number of small entities for the jeopardizing the safety or security of not consider the use of voluntary following reasons: The bridge provides people, places or vessels. consensus standards. 40 feet of vertical clearance at mean 7. Unfunded Mandates Reform Act high water that should accommodate all 14. Environment the present vessel traffic except deep The Unfunded Mandates Reform Act We have analyzed this proposed rule draft vessels. The bridge will continue of 1995 (2 U.S.C. 1531–1538) requires under Department of Homeland to open on signal for commercial deep Federal agencies to assess the effects of Security Management Directive 023–01, draft vessel traffic provided at least a their discretionary regulatory actions. In and Commandant Instruction twelve hour advance notice is given. particular, the Act addresses actions M16475.lD which guides the Coast Additionally, all other vessels can that may result in the expenditure by a Guard in complying with the National transit the bridge between 6 p.m. and 6 State, local, or tribal government, in the Environmental Policy Act of 1969 a.m. and again, from 10 a.m. until 2 p.m. aggregate, or by the private sector of (NEPA)(42 U.S.C. 4321–4370f), and provided the requisite amount of notice $100,000,000 (adjusted for inflation) or have made a preliminary determination is given. more in any one year. Though this that this action is one of a category of If you think that your business, proposed rule will not result in such an actions which do not individually or expenditure, we do discuss the effects of organization, or governmental cumulatively have a significant effect on this rule elsewhere in this preamble. jurisdiction qualifies as a small entity the human environment. This proposed and that this rule would have a 8. Taking of Private Property rule simply promulgates the operating significant economic impact on it, This proposed rule would not cause a regulations or procedures for please submit a comment (see taking of private property or otherwise drawbridges. This rule is categorically ADDRESSES) explaining why you think it have taking implications under excluded, under figure 2–1, paragraph qualifies and how and to what degree Executive Order 12630, Governmental (32)(e), of the Instruction. this rule would economically affect it. Actions and Interference with Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental 3. Assistance for Small Entities Constitutionally Protected Property Rights. analysis checklist and a categorical Under section 213(a) of the Small exclusion determination are not Business Regulatory Enforcement 9. Civil Justice Reform required for this rule. We seek any Fairness Act of 1996 (Pub. L. 104–121), This proposed rule meets applicable comments or information that may lead we want to assist small entities in standards in sections 3(a) and 3(b)(2) of to the discovery of significant understanding this proposed rule. If the Executive Order 12988, Civil Justice environmental impact from the rule would affect your small business, Reform, to minimize litigation, proposed rule. organization, or governmental eliminate ambiguity, and reduce List of Subjects in 33 CFR Part 117 jurisdiction and you have questions burden. concerning its provisions or options for Bridges. compliance, please contact the person 10. Protection of Children For the reasons discussed in the listed in the FOR FURTHER INFORMATION We have analyzed this proposed rule preamble, the Coast Guard proposes to CONTACT, above. under Executive Order 13045, amend 33 CFR part 117 as follows:

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PART 117—DRAWBRIDGE DATES: Comments and related material of these means. If you submit a OPERATION REGULATIONS must be received by the Coast Guard on comment online via http:// or before October 28, 2013. www.regulations.gov, it will be ■ 1. The authority citation for part 117 ADDRESSES: You may submit comments considered received by the Coast Guard continues to read as follows: identified by docket number USCG– when you successfully transmit the Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 2013–0638 using any one of the comment. If you fax, hand deliver, or Department of Homeland Security Delegation following methods: mail your comment, it will be No. 0170.1. (1) Federal Rulemaking Portal: considered as having been received by ■ 2. From March 1, 2014 until March 1, http://www.regulations.gov. the Coast Guard when it is received at 2016, add paragraph (i) to § 117.723 to (2) Fax: 202–493–2251. the Docket Management Facility. We read as follows: (3) Mail or Delivery: Docket recommend that you include your name Management Facility (M–30), U.S. and a mailing address, an email address, § 117.723 Hackensack River. Department of Transportation, West or a phone number in the body of your * * * * * Building Ground Floor, Room W12–140, document so that we can contact you if (i) The draw of the Route 1 & 9 1200 New Jersey Avenue SE., we have questions regarding your (Lincoln Highway) Bridge, mile 2.0, Washington, DC 20590–0001. Deliveries submission. between Kearny and Jersey City, shall accepted between 9 a.m. and 5 p.m., To submit your comment online, go to open on signal; except that, the draw Monday through Friday, except federal http://www.regulations.gov, type the need not open for the passage of vessel holidays. The telephone number is 202– docket number USCG–2013–0638 in the traffic between 6 a.m. and 10 a.m. and 366–9329. ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ between 2 p.m. and 6 p.m., Monday See the ‘‘Public Participation and Click on ‘‘Submit a Comment’’ on the through Friday, except holidays. Tide Request for Comments’’ portion of the line associated with this rulemaking. If dependent deep draft vessels may SUPPLEMENTARY INFORMATION section you submit your comments by mail or request bridge openings between 6 a.m. below for instructions on submitting hand delivery, submit them in an and 10 a.m. and between 2 p.m. and 6 comments. To avoid duplication, please unbound format, no larger than 8c by 11 p.m. provided at least a twelve hour use only one of these four methods. inches, suitable for copying and advance notice is given by calling the FOR FURTHER INFORMATION CONTACT: If number posted at the bridge. you have questions on this proposed electronic filing. If you submit them by rule, call or email Mr. Joe Arca, Project mail and would like to know that they Dated: August 7, 2013. reached the Facility, please enclose a D.B. Abel, Officer, First Coast Guard District Bridge Program, telephone 212–668–7165, stamped, self-addressed postcard or Rear Admiral, U.S. Coast Guard, Commander, envelope. We will consider all First Coast Guard District. email [email protected]. If you have questions on viewing or submitting comments and material received during [FR Doc. 2013–20685 Filed 8–27–13; 8:45 am] material to the docket, call Barbara the comment period and may change BILLING CODE 9110–04–P Hairston, Program Manager, Docket the rule based on your comments. Operations, telephone 202–366–9826. 2. Viewing Comments and Documents DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: To view comments, as well as SECURITY Tables of Acronyms documents mentioned in this preamble Coast Guard CFR Code of Federal Regulations as being available in the docket, go to DHS Department of Homeland Security http://www.regulations.gov, type the 33 CFR Part 117 FR Federal Register docket number (USCG–2013–0638) in NPRM Notice of Proposed Rulemaking the ‘‘SEARCH’’ box and click [Docket No. USCG–2013–0638] § Section Symbol ‘‘SEARCH.’’ Click on Open Docket U.S.C. United States Code Folder on the line associated with this RIN 1625–AA09 A. Public Participation and Request for rulemaking. You may also visit either Comments the Docket Management Facility in Drawbridge Operation Regulation; Room W12–140 on the ground floor of We encourage you to participate in Passaic River, Kearny and Newark, NJ the Department of Transportation West this rulemaking by submitting Building, 1200 New Jersey Avenue SE., AGENCY: Coast Guard, DHS. comments and related materials. All Washington, DC, 20590, between 9 a.m. ACTION: comments received will be posted, Notice of proposed rulemaking. and 5 p.m., Monday through Friday, without change to http:// except Federal holidays. We have an SUMMARY: The Coast Guard proposes to www.regulations.gov and will include agreement with the Department of temporarily modify the operating any personal information you have Transportation to use the Docket schedule that governs the Route 1 & 9 provided. (Lincoln Highway) Bridge across the Management Facility. 1. Submitting Comments Passaic River, mile 1.8, between 3. Privacy Act Kearney and Newark, New Jersey. The If you submit a comment, please bridge owner, New Jersey Department of include the docket number for this Anyone can search the electronic Transportation, submitted a request to rulemaking (USCG–2013–0638), form of comments received into any of restrict bridge openings during the indicate the specific section of this our dockets by the name of the morning and afternoon rush hour document to which each comment individual submitting the comment (or periods to alleviate traffic congestion applies, and provide a reason for each signing the comment, if submitted on resulting from area roadway closures. It suggestion or recommendation. You behalf of an association, business, labor is expected that this change to the may submit your comments and union, etc.). You may review a Privacy regulations would provide relief to material online (http:// Act notice regarding our public dockets vehicular traffic while continuing to www.regulations.gov), or by fax, mail or in the January 17, 2008, issue of the meet the reasonable needs of navigation. hand delivery, but please use only one Federal Register (73 FR 3316).

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4. Public Meeting periods between 6 a.m. and 10 a.m. and and the commercial vessels will be able We do not now plan to hold a public 2 p.m. and 6 p.m., Monday through to request openings between 6 p.m. and meeting. But you may submit a request Friday, except holidays, to facilitate 6 a.m. and again, from 10 a.m. until 2 for one using one of the four methods additional vehicular traffic detoured p.m. provided the requisite advance from the Pulaski Skyway Bridge which notice is given by calling the number specified under ADDRESSES. Please will be under construction from March posted at the bridge. Additionally, explain why one would be beneficial. If 1, 2014 through March 1, 2016. commercial deep draft vessel traffic may we determine that one would aid this Tide dependent deep draft vessels request bridge openings during the rulemaking, we will hold one at a time would be able to request bridges closure periods if at least a twelve hour and place announced by a later notice openings during the rush hour closed advance notice is given. in the Federal Register. periods provided at least a twelve hour 2. Impact on Small Entities B. Basis and Purpose advance notice is given by calling the number posted at the bridge. The Regulatory Flexibility Act of 1980 The Route 1 & 9 (Lincoln Highway) Based on the above information, the (RFA), 5 U.S.C. 601–612, as amended, Bridge at mile 1.8, across the Passaic Coast Guard believes it is reasonable to requires federal agencies to consider the River between Kearney and Newark, allow the Route 1 & 9 (Lincoln potential impact of regulations on small New Jersey, has a vertical clearance of Highway) Bridge to remain in the closed entities during rulemaking. The term 40 feet at mean high water and 45 feet position during the morning and ‘‘small entities’’ comprises small at mean low water. The drawbridge afternoon rush hours to facilitate businesses, not-for-profit organizations operation regulations are listed at 33 additional vehicular traffic detoured that are independently owned and CFR 117.739(b). during the two year bridge deck operated and are not dominant in their The waterway users are recreational replacement project at the Pulaski fields, and governmental jurisdictions and commercial vessels. Skyway Bridge from March 1, 2014 with populations of less than 50,000. The owner of the bridge, New Jersey through March 1, 2016. The Coast Guard certifies under 5 Department of Transportation, The twelve hour advance notice U.S.C. 605(b) that this proposed rule submitted a request to the Coast Guard requirement for bridge openings during would not have a significant economic to temporarily change the drawbridge the rush hour periods gives mariners impact on a substantial number of small operating regulations. ample time to plan and optimize their entities. The purpose of this temporary rule is transits through the waterway and also This proposed rule would affect the to help provide relief by reducing gives the bridge owner the opportunity following entities, some of which might vehicular traffic congestion during the to alert commuters of any expected be small entities: the owners or morning and afternoon vehicular rush delays caused by pending bridge operators of vessels needing to transit hour periods due to local construction openings. through the bridge between 6 a.m. and detours. Vehicular traffic will be If the Route 1 & 9 Bridge opened 10 a.m. or between 2 p.m. and 6 p.m. detoured from the adjacent Pulaski frequently for vessel traffic during the This action will not have a significant Skyway Bridge to the Route 1 & 9 Bridge morning and afternoon rush hours, economic impact on a substantial (Lincoln Highway) Bridge for two years given the additional detoured vehicular number of small entities for the commencing on March 1, 2014 and traffic, it likely would result in following reasons: The high vertical continuing through March 1, 2016, significant vehicular traffic delays that clearance of 40 feet at mean high water while the Pulaski Skyway Bridge is could impact the ability for emergency should accommodate all present vessel under construction to replace its deck. vehicles to respond to emergency traffic except deep draft. The bridge will The existing regulations require the situations. continue to open on signal for Route 1 & 9 (Lincoln Highway) Bridge commercial deep draft vessel traffic to open on signal at all times provided D. Regulatory Analyses provided at least a twelve hour advance a four hour advance notice is given. We developed this proposed rule after notice is given. Additionally, all other Under this proposed temporary rule, considering numerous statutes and vessels can transit the bridge between 6 the draw would open on signal executive orders related to rulemaking. p.m. and 6 a.m. and again, from 10 a.m. provided a four hour advance notice is Below we summarize our analyses until 2 p.m. provided the requisite given; except that, the draw need not based on these statutes or executive amount of notice is given. open for the passage of vessel traffic orders. If you think that your business, between 6 a.m. and 10 a.m. and 2 p.m. organization, or governmental 1. Regulatory Planning and Review and 6 p.m., Monday through Friday, jurisdiction qualifies as a small entity except holidays. Tide dependent deep This proposed rule is not a and that this rule would have a draft vessels may request bride openings ‘‘significant regulatory action’’ under significant economic impact on it, during the two rush hour closure section 3(f) of Executive Order 12866, please submit a comment (see periods provided at least a twelve hour Regulatory Planning and Review, as ADDRESSES) explaining why you think it advance notice is given by calling the supplemented by Executive Order qualifies and how and to what degree number posted at the bridge. 13563, Improving Regulation and this rule would economically affect it. Regulatory Review, and does not require C. Discussion of Proposed Rule an assessment of potential costs and 3. Assistance for Small Entities The Coast Guard proposes to suspend benefits under section 6(a)(3) of Order Under section 213(a) of the Small the drawbridge operation regulations at 12866, or under section 1 of Executive Business Regulatory Enforcement 33 CFR 117.739(b) until March 1, 2016. Order 13563. The Office of Management Fairness Act of 1996 (Pub. L. 104–121), The Coast Guard proposes to and Budget has not reviewed it under we want to assist small entities in temporarily add paragraph (p) to section those Orders. We believe that this rule understanding this proposed rule. If the 117.739 to allow the bridge owner to is not a significant regulatory action rule would affect your small business, keep the Route 1 & 9 (Lincoln Highway) because the bridge provides adequate organization, or governmental Bridge in the closed position during the clearance for recreational vessels to jurisdiction and you have questions morning and afternoon rush hour transit the bridge in the closed position concerning its provisions or options for

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compliance, please contact the person 10. Protection of Children For the reasons discussed in the listed in the FOR FURTHER INFORMATION We have analyzed this proposed rule preamble, the Coast Guard proposes to CONTACT, above. under Executive Order 13045, amend 33 CFR part 117 as follows: The Coast Guard will not retaliate Protection of Children from PART 117—DRAWBRIDGE against small entities that question or Environmental Health Risks and Safety OPERATION REGULATIONS complain about this proposed rule or Risks. This rule is not an economically any policy or action of the Coast Guard. significant rule and would not create an ■ 1. The authority citation for part 117 4. Collection of Information environmental risk to health or risk to continues to read as follows: safety that might disproportionately This proposed rule would call for no affect children. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; new collection of information under the Department of Homeland Security Delegation Paperwork Reduction Act of 1995 (44 11. Indian Tribal Governments No. 0170.1. U.S.C. 3501–3520). This proposed rule does not have ■ 2. From March 1, 2014 until March 1, 2016, suspend § 117.739(b) and add a 5. Federalism tribal implications under Executive Order 13175, Consultation and new temporary paragraph (p) to read as A rule has implications for federalism Coordination with Indian Tribal follows: under Executive Order 13132, Governments, because it would not have § 117.739 Passaic River. Federalism, if it has a substantial direct a substantial direct effect on one or effect on the States, on the relationship more Indian tribes, on the relationship * * * * * (p) The draw of the Route 1 & 9 between the national government and between the Federal Government and (Lincoln Highway) Bridge, mile 1.8, the States, or on the distribution of Indian tribes, or on the distribution of between Kearny and Newark, shall open power and responsibilities among the power and responsibilities between the on signal if at least a four hour advance various levels of government. We have Federal Government and Indian tribes. analyzed this proposed rule under that notice is given, except that, the draw Order and have determined that it does 12. Energy Effects need not open for the passage of vessel not have implications for federalism. This proposed rule is not a traffic between 6 a.m. and 10 a.m. and between 2 p.m. and 6 p.m., Monday 6. Protest Activities ‘‘significant energy action’’ under Executive Order 13211, Actions through Friday, except holidays. Tide The Coast Guard respects the First Concerning Regulations That dependent deep draft vessels may Amendment rights of protesters. Significantly Affect Energy Supply, request bridge openings between 6 a.m. Protesters are asked to contact the Distribution, or Use. and 10 a.m. and between 2 p.m. and 6 person listed in the ‘‘FOR FURTHER p.m. provided at least a twelve hour INFORMATION CONTACT’’ section to 13. Technical Standards advance notice is given by calling the coordinate protest activities so that your This proposed rule does not use number posted at the bridge. message can be received without technical standards. Therefore, we did * * * * * jeopardizing the safety or security of not consider the use of voluntary Dated: August 7, 2013. people, places or vessels. consensus standards. D.B. Abel, 7. Unfunded Mandates Reform Act 14. Environment Rear Admiral, U.S. Coast Guard, Commander, The Unfunded Mandates Reform Act We have analyzed this proposed rule First Coast Guard District. of 1995 (2 U.S.C. 1531–1538) requires under Department of Homeland [FR Doc. 2013–20684 Filed 8–27–13; 8:45 am] Federal agencies to assess the effects of Security Management Directive 023–01, BILLING CODE 9110–04–P their discretionary regulatory actions. In and Commandant Instruction particular, the Act addresses actions M16475.lD which guides the Coast that may result in the expenditure by a Guard in complying with the National DEPARTMENT OF HOMELAND State, local, or tribal government, in the Environmental Policy Act of 1969 SECURITY aggregate, or by the private sector of (NEPA) (42 U.S.C. 4321–4370f), and Coast Guard $100,000,000 (adjusted for inflation) or have made a preliminary determination more in any one year. Though this that this action is one of a category of 33 CFR Part 165 proposed rule will not result in such an actions which do not individually or expenditure, we do discuss the effects of cumulatively have a significant effect on [Docket No. USCG–2013–0580] this rule elsewhere in this preamble. the human environment. This proposed RIN 1625–AA87 rule simply promulgates the operating 8. Taking of Private Property regulations or procedures for Security Zones; Naval Base Point This proposed rule would not cause a drawbridges. This rule is categorically Loma; Naval Mine Anti-Submarine taking of private property or otherwise excluded, under figure 2–1, paragraph Warfare Command; San Diego Bay, have taking implications under (32)(e), of the Instruction. San Diego, CA Executive Order 12630, Governmental Under figure 2–1, paragraph (32)(e), of Actions and Interference with the Instruction, an environmental AGENCY: Coast Guard, DHS. Constitutionally Protected Property analysis checklist and a categorical ACTION: Notice of proposed rulemaking. Rights. exclusion determination are not SUMMARY: The Coast Guard proposes 9. Civil Justice Reform required for this rule. We seek any comments or information that may lead extending a portion of an existing San This proposed rule meets applicable to the discovery of significant Diego Bay security zone at Naval Base standards in sections 3(a) and 3(b)(2) of environmental impact from the Point Loma to support the construction Executive Order 12988, Civil Justice proposed rule. of a new Naval fuel pier. In addition to Reform, to minimize litigation, the extension of the Naval Base Point eliminate ambiguity, and reduce List of Subjects in 33 CFR Part 117 Loma security zone, a new security zone burden. Bridges. will be established at the Naval Mine

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and Anti-Submarine Warfare Command comments and related materials. All and 5 p.m., Monday through Friday, to protect the relocated marine mammal comments received will be posted except Federal holidays. program. These security zone without change to http:// 3. Privacy Act modifications are intended to restrict www.regulations.gov and will include vessels from a portion of the San Diego any personal information you have Anyone can search the electronic Bay in order to ensure the safety and provided. form of comments received into any of security of Naval assets. Both Security our dockets by the name of the 1. Submitting Comments Zones will safeguard Naval assets, such individual submitting the comment (or as vessels, property and waterfront If you submit a comment, please signing the comment, if submitted on facilities from destruction, loss of injury include the docket number for this behalf of an association, business, labor from sabotage or other subversive acts. rulemaking, indicate the specific section union, etc.). You may review a Privacy No persons or vessel may enter or of this document to which each Act notice regarding our public dockets remain in the security zones without comment applies, and provide a reason in the January 17, 2008, issue of the permission of the Captain of the Port, for each suggestion or recommendation. Federal Register (73 FR 3316). You may submit your comments and The Commander of Naval Base Point 4. Public Meeting Loma, the Commander of the Naval material online at http:// Mine Anti Submarine Warfare www.regulations.gov, or by fax, mail, or We do not now plan to hold a public Command, the Commander of Naval hand delivery, but please use only one meeting. But you may submit a request Region Southwest, or a designated of these means. If you submit a for one, using one of the methods representative of those individuals. comment online, it will be considered specified under ADDRESSES. Please DATES: Comments and related material received by the Coast Guard when you explain why you believe a public must be received by the Coast Guard on successfully transmit the comment. If meeting would be beneficial. If we or before October 28, 2013. you fax, hand deliver, or mail your determine that one would aid this Requests for public meetings must be comment, it will be considered as rulemaking, we will hold one at a time received by the Coast Guard on or before having been received by the Coast and place announced by a later notice September 27, 2013. Guard when it is received at the Docket in the Federal Register. Management Facility. We recommend ADDRESSES: You may submit comments B. Regulatory History and Information identified by docket number using any that you include your name and a mailing address, an email address, or a On October 1, 2009, the U.S. Coast one of the following methods: Guard published a final rule entitled (1) Federal eRulemaking Portal: telephone number in the body of your ‘‘Security Zone; Naval Base Point Loma; http://www.regulations.gov. document so that we can contact you if (2) Fax: 202–493–2251. we have questions regarding your San Diego Bay, San Diego, CA’’ in the (3) Mail or Delivery: Docket submission. Federal Register. At the request of the Management Facility (M–30), U.S. To submit your comment online, go to U.S. Navy, the revised security zone Department of Transportation, West http://www.regulations.gov, type the combined two existing security zones. Building Ground Floor, Room W12–140, docket number [USCG–2013–0580] in The new security zone also extended 1200 New Jersey Avenue SE., the ‘‘SEARCH’’ box and click the existing security zone along the Washington, DC 20590–0001. Deliveries ‘‘SEARCH.’’ Click on ‘‘Submit a naval base and provided an additional accepted between 9 a.m. and 5 p.m., Comment’’ on the line associated with 500 feet of protection for installation of Monday through Friday, except federal this rulemaking. water barriers to provide a line of holidays. The telephone number is 202– If you submit your comments by mail demarcation and defensive measures as 366–9329. See the ‘‘Public Participation or hand delivery, submit them in an a safety guard from destruction, loss or and Request for Comments’’ portion of unbound format, no larger than 8c by 11 injury from sabotage or other subversive the SUPPLEMENTARY INFORMATION section inches, suitable for copying and acts, accidents, or other causes of below for further instructions on electronic filing. If you submit similar nature. submitting comments. comments by mail and would like to For more information on existing To avoid duplication, please use only know that they reached the Facility, regulatory actions for the preexisting one of these three methods. please enclose a stamped, self-addressed security zone, see docket USCG–2008– FOR FURTHER INFORMATION CONTACT: If postcard or envelope. We will consider 1016 on www.regulations.gov or 74 FR you have questions on this rule, call or all comments and material received 50708 in the October 1, 2009 edition of email Lieutenant John Bannon, U.S. during the comment period and may the Federal Register. The existing security zone in 33 CFR Coast Guard Sector San Diego; change the rule based on your 165.1102, which resides within an telephone (619) 278–7261 or by email at comments. existing U.S. Army Corp of Engineers [email protected]. If you have 2. Viewing Comments and Documents Restricted Area (see 33 CFR 334.870), is questions on viewing or submitting To view comments, as well as now in need of another expansion to material to the docket, call Barbara documents mentioned in this preamble provide the same level of protection for Hairston, Program Manager, Docket as being available in the docket, go to a new fuel pier being built to replace the Operations, telephone (202) 366–9826. http://www.regulations.gov, type the existing pier. The new pier will be built SUPPLEMENTARY INFORMATION: docket number (USCG–2013–0580) in further out towards the main channel Table of Acronyms the ‘‘SEARCH’’ box and click and allow for deeper draft vessels. The ‘‘SEARCH.’’ Click on Open Docket expansion of the fuel pier and increased DHS Department of Homeland Security FR Federal Register Folder on the line associated with this size of the security zone of 500 feet NPRM Notice of Proposed Rulemaking rulemaking. You may also visit the around the front face of the fuel pier Docket Management Facility in Room still allows for safe transit between the A. Public Participation and Request for W12–140 on the ground floor of the required additional security and the Comments Department of Transportation West federal channel, during the new pier We encourage you to participate in Building, 1200 New Jersey Avenue SE., development and after completion, for this rulemaking by submitting Washington, DC 20590, between 9 a.m. commercial and recreational vessels.

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Because of construction activities, the and Anti-Submarine Warfare Command does not require an assessment of marine mammal pens will temporarily for the U.S. Navy to house relocated potential costs and benefits under be moved from their present location at marine mammal pens. The proposed section 6(a)(3) of Executive Order 12866 Naval Base Point Loma to the Naval security zone at the Naval Base Point or under section 1 of Executive Order Mine and Anti-Submarine Warfare Loma Fuel Pier would entirely overlap 13563. The Office of Management and Command, and an impermanent the existing security zone at 33 CFR Budget has not reviewed it under those security zone of 100 feet from shore will 165.1102, which would be amended to Orders. be established for their safety and reflect the additional coordinates from This determination is based on the security. the additional 500 feet of standoff size and location of the security zones. Vessels that may operate for recreational C. Basis and Purpose distance adjacent to the fuel pier. The limits of the expanded Naval Base Point or commercial purposes within the area The legal basis for the rule is the Loma Fuel Pier security zone will be encompassed by the security zone Coast Guard’s authority to establish bound by the following coordinates: expansion and establishment, will not regulated navigation areas and limited 32°42′28.8″ N, 117°14′13.2″ W be impacted by the proposed regulation. access areas: 33 U.S.C. 1231; 46 U.S.C. 32°42′ 28.8″N, 117°14′12.6″ W Sufficient navigable water exists Chapter 701, 3306, 3703; 50 U.S.C. 191, 32°42′ 10.2″ N, 117°14′3″ W adjacent to the security zones and the 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 32°42′6.2″ N, 117°14′1.5″ W Federal channel. 160.5; Public Law 107–295, 116 Stat. ° ′ ″ ° ′ ″ 32 41 49.5 N, 117 14 7 W 2. Impact on Small Entities 2064; Department of Homeland Security 32°41′47.4″ N, 117°14′11.4″ W Delegation No. 0170.1. 32°41′43.8″ N, 117°14′12.6″ W The Regulatory Flexibility Act of 1980 The U.S. Navy is requesting an 32°41′31.8″ N, 117°14′13.8″ W (RFA), 5 U.S.C. 601–612, as amended, extension of the existing security zone 32°41′33″ N, 117°14′1.2″ W requires federal agencies to consider the for the Naval Base Point Loma Fuel Pier 32°41′10.2″ N, 117°13′57″ W potential impact of regulations on small construction and the establishment of a 32°41′10.2″ N, 117°13′58.2″ W entities during rulemaking. The term security zone at the Naval Mine and ‘‘small entities’’ comprises small The proposed security zone at the Anti-Submarine Warfare Command to businesses, not-for-profit organizations Naval Mine and Anti-Submarine temporarily house the Navy’s marine that are independently owned and Warfare Command would provide for mammal program during the operated and are not dominant in their 100 feet of standoff distance. The limits construction phase of the new fuel pier. fields, and governmental jurisdictions of the new Naval Mine and Anti- The extended security zone at Naval with populations of less than 50,000. Submarine Warfare Command security Base Point Loma will add an additional The Coast Guard certifies under 5 U.S.C. zone will be bound by the following 500 feet east to provide standoff from 605(b) that this proposed rule will not coordinates: the new replacement fuel pier which have a significant economic impact on will exist closer to the federal channel 32°43′40.9″ N, 117°12′54.9″ W ° ′ ″ ° ′ ″ a substantial number of small entities. in deeper water. The marine mammal 32 43 40.6 N, 117 12 52.3 W (1) This proposed rule would affect ° ′ ″ ° ′ ″ pen security zone will also be 32 43 22.5 N, 117 12 57.8 W the following entities, some of which ° ′ ″ ° ′ ″ established at the Naval Mine and Anti- 32 43 23.4 N, 117 13 1.3 W might be small entities: the owners or Submarine Warfare Command to Both Security Zones will safeguard operators of vessels intending to transit provide a 100 foot standoff for marine Naval assets, such as vessels and or anchor in a portion of the San Diego mammal pens. The marine mammal waterfront facilities from destruction, Bay. pens need to be moved due to the loss of injury from sabotage, or other (2) This proposed rule would not have construction near their current pens. subversive acts, accidents or other a significant economic impact on a Both Security Zones will safeguard causes of a similar nature and still allow substantial number of small entities Naval assets, such as vessels and for safe navigation around the security because vessel traffic can pass safely waterfront facilities from destruction, zones. No persons or vessel may enter around the security zones. loss of injury from sabotage, or other or remain in the security zones without If you think that your business, subversive acts, accidents or other permission of either the Captain of the organization, or governmental causes of a similar nature and still allow Port, the Commander of Naval Base jurisdiction qualifies as a small entity for safe navigation around the security Point Loma, the Commander of the and that this rule would have a zones. No persons or vessel may enter Naval Mine Anti Submarine Warfare significant economic impact on it, or remain in the security zones without Command, the Commander of Naval please submit a comment (see permission of the Captain of the Port, Region Southwest, or a designated ADDRESSES) explaining why you think it The Commander of Naval Base Point representative of those individuals. qualifies and how and to what degree Loma, the Commander of the Naval this rule would economically affect it. E. Regulatory Analyses Mine Anti Submarine Warfare 3. Assistance for Small Entities Command, the Commander of Naval We developed this proposed rule after Region Southwest, or a designated considering numerous statutes and Under section 213(a) of the Small representative of those individuals. executive orders related to rulemaking. Business Regulatory Enforcement Below we summarize our analyses Fairness Act of 1996 (Pub. L. 104–121), D. Discussion of Proposed Rule based on a number of these statutes or we want to assist small entities in As stated above, to safeguard portions executive orders. understanding this proposed rule. If the of the San Diego Bay in direct support rule would affect your small business, of the U.S. Navy, the Coast Guard 1. Regulatory Planning and Review organization, or governmental proposes the expansion of a portion of This proposed rule is not a significant jurisdiction and you have questions the existing San Diego Bay naval regulatory action under section 3(f) of concerning its provisions or options for security zone at Naval Base Point Loma Executive Order 12866, Regulatory compliance, please contact the person surrounding the existing and planned Planning and Review, as supplemented listed in the FOR FURTHER INFORMATION rebuilt fuel pier and the creation of a by Executive Order 13563, Improving CONTACT, above. The Coast Guard will security zone indefinitely at Naval Mine Regulation and Regulatory Review, and not retaliate against small entities that

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question or complain about this 10. Protection of Children From environmental analysis checklist proposed rule or any policy or action of Environmental Health Risks supporting this determination and a the Coast Guard. We have analyzed this proposed rule Categorical Exclusion Determination are available in the docket where indicated 4. Collection of Information under Executive Order 13045, Protection of Children from under ADDRESSES. We seek any This proposed rule will not call for a Environmental Health Risks and Safety comments or information that may lead new collection of information under the Risks. This rule is not an economically to the discovery of a significant Paperwork Reduction Act of 1995 (44 significant rule and would not create an environmental impact from this U.S.C. 3501–3520.). environmental risk to health or risk to proposed rule. safety that might disproportionately 5. Federalism List of Subjects in 33 CFR Part 165 affect children. Harbors, Marine safety, Navigation A rule has implications for federalism 11. Indian Tribal Governments (water), Reporting and recordkeeping under Executive Order 13132, requirements, Security measures, Federalism, if it has a substantial direct This proposed rule does not have Waterways. effect on the States, on the relationship tribal implications under Executive between the national government and Order 13175, Consultation and For the reasons discussed in the the States, or on the distribution of Coordination with Indian Tribal preamble, the Coast Guard proposes to power and responsibilities among the Governments, because it would not have amend 33 CFR part 165 as follows: various levels of government. We have a substantial direct effect on one or more Indian tribes, on the relationship PART 165—REGULATED NAVIGATION analyzed this proposed rule under that AREAS AND LIMITED ACCESS AREAS Order and determined that this rule between the Federal Government and Indian tribes, or on the distribution of does not have implications for ■ 1. The authority citation for part 165 federalism. power and responsibilities between the Federal Government and Indian tribes. continues to read as follows: 6. Protest Activities Authority: 33 U.S.C. 1231; 46 U.S.C. 12. Energy Effects Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; The Coast Guard respects the First This proposed rule is not a 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Amendment rights of protesters. ‘‘significant energy action’’ under Pub. L. 107–295, 116 Stat. 2064; Department Protesters are asked to contact the Executive Order 13211, Actions of Homeland Security Delegation No. 0170.1. person listed in the FOR FURTHER Concerning Regulations That ■ 2. Revise § 165.1102 to read as INFORMATION CONTACT section to Significantly Affect Energy Supply, follows: coordinate protest activities so that your Distribution, or Use. message can be received without § 165.1102 Security Zone; Naval Base Point Loma; San Diego Bay, San Diego, CA. jeopardizing the safety or security of 13. Technical Standards people, places or vessels. This proposed rule does not use (a) Location. The following area is a technical standards. Therefore, we did security zone: The water adjacent to the 7. Unfunded Mandates Reform Act not consider the use of voluntary Naval Base Point Loma, San Diego, CA, consensus standards. enclosed by the following coordinates: The Unfunded Mandates Reform Act ° ′ ″ ° ′ ″ of 1995 (2 U.S.C. 1531–1538) requires 32 42 28.8 N, 117 14 13.2 W, (Point A) 14. Environment 32°42′28.8″ N, 117°14′12.6″ W, (Point B) Federal agencies to assess the effects of ° ′ ″ ° ′ ″ their discretionary regulatory actions. In We have analyzed this proposed rule 32 42 10.2 N, 117 14 3 W, (Point C) 32°42′6.2″ N, 117°14′1.5″ W, (Point D) particular, the Act addresses actions under Department of Homeland 32°41′49.5″ N, 117°14′7″ W, (Point E) that may result in the expenditure by a Security Management Directive 023–01 and Commandant Instruction 32°41′47.4″ N, 117°14′11.4″ W, (Point F) State, local, or tribal government, in the 32°41′43.8″ N, 117°14′12.6″ W, (Point G) aggregate, or by the private sector of M16475.lD, which guide the Coast Guard in complying with the National 32°41′31.8″ N, 117°14′13.8″ W, (Point H) $100,000,000 (adjusted for inflation) or 32°41′33″ N, 117°14′1.2″ W, (Point I) more in any one year. Though this Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and 32°41′10.2″ N, 117°13′57″ W, (Point J) proposed rule would not result in such 32°41′10.2″ N, 117°13′58.2″ W, (Point K) an expenditure, we do discuss the have made a preliminary determination Thence running generally north along effects of this rule elsewhere in this that this action is one of a category of the shoreline to Point A. preamble. actions that do not individually or cumulatively have a significant effect on (b) Regulations. (1) The general 8. Taking of Private Property the human environment. regulations governing security zones This proposed rule involves found in 33 CFR 165.33 apply to the This proposed rule would not cause a modifying an already existing security security zone described in paragraph (a) taking of private property or otherwise zone to provide for greater vessel of this section. have taking implications under protection for a new fuel pier and the (2) Entry into, or remaining in, the Executive Order 12630, Governmental adding of a new security zone areas of either zone is prohibited unless Actions and Interference with indefinitely for the protection of authorized by the Captain of the Port Constitutionally Protected Property relocated U.S. Navy marine mammal San Diego; Commanding Officer, Naval Rights. pens. This rule only relates to the Base Point Loma; or Commander, Naval 9. Civil Justice Reform establishment and modification of Region Southwest. limited access areas, and not to the (3) Persons desiring to transit the area This proposed rule meets applicable environmental impacts with the of the security zone may request standards in sections 3(a) and 3(b)(2) of development of a new pier. permission from the Captain of the Port Executive Order 12988, Civil Justice This rule is categorically excluded San Diego at telephone number (619) Reform, to minimize litigation, from further review under paragraph 278–7033 or on VHF channel 16 (156.8 eliminate ambiguity, and reduce 34(g) of Figure 2–1 of the Commandant MHz) or from either the Commanding burden. Instruction. A preliminary Officer, Naval Base Point Loma or the

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Commanding Officer Navy Region San Diego at telephone number (619) measure requirements for the 1997 Southwest by calling the Navy Port 278–7033 or on VHF channel 16 (156.8 annual and 24-hour fine particulate Operation Dispatch at telephone MHz) or from either the Commanding matter (PM2.5) national ambient air number (619) 556–1433 or on VHF–FM Officer, Naval Mine Anti Submarine quality standards in the San Joaquin channels 16 or 12. If permission is Warfare Command or the Commander, Valley. Final approval of this SIP granted, all persons and vessels must Navy Region Southwest by calling the revision would terminate the sanctions comply with the instructions of the Navy Port Operation Dispatch at clocks and a federal implementation Captain of the Port San Diego or his or telephone number (619) 556–1433 or on plan clock that were triggered by EPA’s her designated representative. VHF–FM channels 16 or 12. If partial disapproval of a related SIP (c) Definitions. For purposes of this permission is granted, all persons and submission on November 9, 2011 (76 FR section: Captain of the Port San Diego, vessels must comply with the 69896). means the Commanding Officer of the instructions of the Captain of the Port DATES: Any comments must arrive by Coast Guard Sector San Diego; San Diego or his or her designated September 27, 2013. Commander, Navy Region Southwest, representative. ADDRESSES: Submit comments, means the Navy Region Commander (c) Definitions. For purposes of this identified by docket number EPA–R09– responsible for the Southwest Region; section: Captain of the Port San Diego, OAR–2013–0534, by one of the Commanding Officer, Naval Base Point means the Commanding Officer of the following methods: Loma, means the Installation Coast Guard Sector San Diego; • Federal eRulemaking Portal: Commander of the naval base located on Commander, Navy Region Southwest, www.regulations.gov. Follow the online Point Loma, San Diego, California; means Navy Region Commander instructions. Designated Representative, means any responsible for the Southwest Region; • Email: [email protected]. U.S. Coast Guard commissioned, Commanding Officer, Naval Mine Anti • Mail or deliver: Frances Wicher, warrant, or petty officer who has been Submarine Warfare Command, means Office of Air Planning (AIR–2), U.S. designated by the Captain of the Port the Installation Commander of the naval Environmental Protection Agency San Diego to assist in the enforcement base located on Point Loma, San Diego, Region 9, 75 Hawthorne Street, San of the security zone described in California; Designated Representative, Francisco, CA 94105. paragraph (a) of this section. means any U.S. Coast Guard Instructions: All comments will be (d) Enforcement. The U.S. Coast commissioned, warrant, or petty officer included in the public docket without Guard may be assisted in the patrol and who has been designated by the Captain change and may be made available enforcement of the security zone of the Port San Diego to assist in the online at www.regulations.gov, described in paragraph (a) of this enforcement of the security zone including any personal information section by the U.S. Navy and local law described in paragraph (a) of this provided, unless the comment includes enforcement agencies. section. Confidential Business Information (CBI) ■ 3. Add § 165.1103 to read as follows: (d) Enforcement. The U.S. Coast or other information whose disclosure is § 165.1103 Security Zone; Naval Mine Anti Guard may be assisted in the patrol and restricted by statute. Information that Submarine Warfare Command; San Diego enforcement of the security zone you consider CBI or otherwise protected Bay, San Diego, CA. described in paragraph (a) of this should be clearly identified as such and (a) Location. (1) The following area is section by the U.S. Navy and local law should not be submitted through a security zone: The water adjacent to enforcement agencies. www.regulations.gov or email. The the Naval Mine Anti Submarine Warfare Dated: July 30, 2013. www.regulations.gov Web site is an Command, bound by the following J.A. Janszen, ‘‘anonymous access’’ system, and EPA coordinates: Commander, U.S. Coast Guard, Acting, will not know your identity or contact 32°43′40.9″ N, 117°12′54.9″ W (A) Captain of the Port San Diego. information unless you provide it in the 32°43′40.6″ N, 117°12′52.3″ W (B) [FR Doc. 2013–20781 Filed 8–27–13; 8:45 am] body of your comment. If you send ° ′ ″ ° ′ ″ 32 43 22.5 N, 117 12 57.8 W (C) BILLING CODE 9110–04–P email directly to EPA, your email 32°43′23.4″ N, 117°13′1.3″ W (D) address will be automatically captured Thence running generally northwest and included as part of the public comment. If EPA cannot read your along the shoreline to Point A. ENVIRONMENTAL PROTECTION comments due to technical difficulties (2) The proposed security zone at the AGENCY Naval Mine Anti Submarine Warfare and cannot contact you for clarification, Command would be established to 40 CFR Part 52 EPA may not be able to consider your provide for the 100 feet of standoff comment. distance. [EPA–R09–OAR–2013–0534; FRL–9900–35– Docket: The index to the docket Region 9] (b) Regulations. (1) The general (docket number EPA–R09–OAR–2013– regulations governing security zones Approval and Promulgation of 0534) for this action is available found in 33 CFR 165.33 apply to the Implementation Plans; California; San electronically on the security zone described in paragraph (a) Joaquin Valley; Contingency Measures www.regulations.gov Web site and in of this section. for the 1997 PM Standards hard copy at EPA Region 9, 75 (2) Entry into, or remaining in, the 2.5 Hawthorne Street, San Francisco, areas of either zone is prohibited unless AGENCY: U.S. Environmental Protection California, 94105. While all documents authorized by the Captain of the Port Agency (EPA). in the docket are listed in the index, San Diego; Commanding Officer, Naval ACTION: Proposed rule. some information may be publicly Mine Anti Submarine Warfare available only at the hard copy location Command; or Commander, Naval SUMMARY: EPA is proposing to approve (e.g., copyrighted material), and some Region Southwest. a state implementation plan (SIP) may not be publicly available at either (3) Persons desiring to transit the area revision submitted by the State of location (e.g., CBI). To inspect the hard of the security zone may request California to address Clean Air Act copy materials, please schedule an permission from the Captain of the Port nonattainment area contingency appointment during normal business

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hours with the contact listed in the FOR this area is the San Joaquin Valley the contingency measures and specify a FURTHER INFORMATION CONTACT section Unified Air Pollution Control District schedule for their implementation. Id. below. (SJVUAPCD or ‘‘District’’). The contingency measure provisions FOR FURTHER INFORMATION CONTACT: California has made numerous SIP in the SJV PM2.5 SIP consisted of several Frances Wicher, Air Planning Office submittals to address the SJV’s different types of measures, including (AIR–2), U.S. Environmental Protection nonattainment designation for the 1997 surplus emission reductions in the RFP Agency, Region 9, (415) 972–3957, PM2.5 NAAQS. The two principal ones demonstration; commitments by the District to take specific actions; a [email protected]. are the SJVUAPCD’s ‘‘2008 PM2.5 Plan,’’ submitted on June 30, 2008, and the contingency provision in the District’s SUPPLEMENTARY INFORMATION: California Air Resources Board’s Rule 4901, ‘‘Wood Burning Fireplaces Throughout this document, ‘‘we,’’ ‘‘us’’ and Wood Burning Heaters Residential and ‘‘our’’ refer to EPA. (CARB’s) ‘‘State Strategy for California’s 2007 State Implementation Plan’’ (‘‘2007 Woodburning;’’ post-attainment year Table of Contents State Strategy’’), submitted on (2015) reductions from CARB mobile source measures; reductions resulting I. Background November 16, 2007 and revised in 2009 II. Clean Air Act Requirements for and 2011 through CARB’s ‘‘2009 State from the District’s expenditure of Contingency Measures Strategy Status Report’’ 2 and ‘‘2011 incentive program funds; and other III. Review of the Submitted San Joaquin Progress Report.’’ 3 reductions from implemented District Valley PM2.5 Contingency Measure SIP On November 9, 2011, EPA partially rules that were not otherwise relied on A. The Submitted San Joaquin Valley PM2.5 approved and partially disapproved the in the attainment and RFP Contingency Measure SIP District’s 2008 PM Plan and the demonstrations. See 76 FR 41338, 41357 B. Clean Air Act Procedural Requirements 2.5 revised 2007 State Strategy (collectively to 41359; see also Final TSD for SJV for SIP Submissions PM SIP at pp. 126 to 136. EPA found C. Evaluation of the Contingency Measure the ‘‘SJV PM2.5 SIP’’) (76 FR 69896). 2.5 SIP EPA’s partial disapproval of the SJV that, although several of these measures individually qualified for approval as 1. Contingency Measures for Failure To PM2.5 SIP was based on our Meet the 2012 Reasonable Further determination that its contingency contingency measures, collectively the Progress Milestone measure provisions failed to meet the measures identified in the SJV PM2.5 SIP 2. Contingency Measures for Failure To requirements of Clean Air Act (CAA) did not provide sufficient SIP-creditable Attain section 172(c)(9) and 40 CFR 51.1012, emission reductions for contingency D. Clean Air Act Section 110(l) measure purposes . See id. and 76 FR IV. Proposed Actions and Request for Public which require that the SIP for each PM nonattainment area contain 69896, 69918 to 69919. Comment 2.5 Specifically, for RFP contingency V. Statutory and Executive Order Reviews contingency measures to be implemented if the area fails to make measures for the 2012 milestone year, I. Background the SJV PM SIP relied on surplus reasonable further progress (RFP) or to 2.5 reductions of direct PM and the two On July 18, 1997, EPA established attain the NAAQS by the applicable 2.5 regulated precursors 4 in the RFP new national ambient air quality attainment date. See 76 FR 41338, 41357 demonstration, which provided some of standards (NAAQS) for PM2.5 to 41359 (July 13, 2011) and 76 FR the needed emission reductions but did (particulate matter with a diameter of 69896, 69918 to 69919 and 69924. not provide enough to achieve roughly 2.5 microns or less) including annual As we explained in our proposed one-year’s worth of RFP (76 FR 41338, standards of 15.0 micrograms per cubic action on the SJV PM SIP, 2.5 41359 (Table 10)).5 For attainment meter (mg/m3) based on a 3-year average contingency measures must be fully contingency measures in 2015, the SJV of annual mean PM2.5 concentrations adopted rules or control measures that PM SIP relied on the State’s continued and 24-hour (daily) standards of 65 mg/ are ready to be implemented quickly 2.5 m3 based on a 3-year average of the 98th implementation of mobile source without significant additional action by measures, a contingency provision in percentile of 24-hour concentrations. the state. See 76 FR 41338, 41357; see See 62 FR 36852 and 40 CFR 50.7. the District’s Rule 4901, and surplus also ‘‘Final Technical Support reductions from other District rules that Effective April 5, 2005, EPA designated Document and Responses to Comments, the San Joaquin Valley (SJV) in would reduce emissions substantially in Final Rulemaking Action on the San 2015. Overall, the attainment California as nonattainment for the 1997 Joaquin Valley PM2.5 State contingency measures in the SJV PM annual and 24-hour PM standards. 2.5 2.5 Implementation Plan,’’ Air Division, SIP provided all of the needed SO See 70 FR 944 (January 5, 2005) and 40 x U.S. EPA Region 9, September 30, 2011 reductions but only about two-thirds of CFR 81.305.1 The SJV PM 2.5 (‘‘Final TSD for SJV PM2.5 SIP’’) at pp. the needed NO and direct PM nonattainment area is located in the X 2.5 126 to 134. We further explained that reductions for 2015. Accordingly, we southern half of California’s central these measures must not be relied on in disapproved the contingency measure valley and includes all or part of eight the plan to demonstrate RFP or provisions in the SJV PM2.5 SIP for counties: San Joaquin, Stanislaus, attainment and should provide SIP-

Merced, Madera, Fresno, Tulare, Kings, 4 creditable emission reductions To demonstrate attainment of the 1997 PM2.5 and the valley portion of Kern. The local equivalent to approximately one year of NAAQS, the SJV PM2.5 SIP relied on reductions of air district with primary responsibility RFP. Id. Finally, we stated that the SIP direct PM2.5 and two PM2.5 precursor pollutants: for developing the state implementation should contain trigger mechanisms for nitrogen oxides (NOX) and sulfur oxides (SOx). It did not rely on reductions of the two other chemical plan (SIP) to attain the PM2.5 NAAQS in precursors to PM2.5: volatile organic compounds 2 CARB, ‘‘Status Report on the State Strategy for (VOC) and ammonia. See 76 FR 41338, 41353 and 1 EPA has also designated the San Joaquin Valley California’s 2007 State Implementation Plan (SIP) 76 FR 69896, 69924. 5 as nonattainment for the more stringent 24-hour and Proposed Revision to the SIP Reflecting The SJV PM2.5 SIP also contained provisions 3 PM2.5 NAAQS of 35 mg/m , which EPA promulgated Implementation of the 2007 State Strategy,’’ dated addressing RFP contingency measures for the 2009 on October 17, 2006 and codified at 40 CFR 50.13 March 24, 2009, adopted April 24, 2009. milestone year, but EPA concluded it was not (74 FR 58688, November 13, 2009). In this 3 CARB, ‘‘Progress Report on Implementation of necessary to evaluate these provisions given the preamble, all references to the PM2.5 NAAQS, PM2.5 State Implementation Plans (SIP) for the District had demonstrated that the area met the unless otherwise specified, are to the 1997 24-hour South Coast and San Joaquin Valley Air Basins and applicable 2009 RFP milestone year targets for 3 PM2.5 standards of 65 mg/m and annual standards Proposed SIP Revisions,’’ dated March 29, 2011 and direct PM2.5, NOX, and SOx (76 FR 41338, 41358 to of 15 mg/m3 as codified in 40 CFR 50.7. adopted April 28, 2011. 41359).

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failure to satisfy the CAA’s contingency 13543 to 13544. Additionally, States use as contingency measures one or measure requirements for the 2012 RFP must show that their contingency more Federal or local measures that are milestone year and for the 2015 measures can be implemented with in place and provide reductions that are attainment date.6 See 76 FR 41338, minimal further action on their part and in excess of the reductions required by 41359 and 76 FR 69896, 69924. without additional rulemaking actions the attainment demonstration or RFP such as public hearings or legislative II. Clean Air Act Requirements for plan. See, e.g., 62 FR 15844 (April 3, review. In general, EPA expects actions Contingency Measures 1997) (direct final rule approving an needed to effect full implementation of Indiana ozone SIP revision); 62 FR CAA section 172(c)(9) requires that the measures to occur within 60 days 66279 (December 18, 1997) (final rule the SIP for each nonattainment area after EPA notifies the State of an area’s approving an Illinois ozone SIP ‘‘provide for the implementation of failure to meet RFP or attain. See 57 FR revision); 66 FR 30811 (June 8, 2001) specific measures to be undertaken if 13498, 13512 and 13543 to 13544; see (direct final rule approving a Rhode the area fails to make reasonable further also 59 FR 41998, 42014 to 42015 Island ozone SIP revision); 66 FR 586 progress, or to attain the [NAAQS] by (August 16, 1994) (‘‘PM–10 (January 3, 2001) (final rule approving the attainment date applicable under Addendum’’). District of Columbia, Maryland, and [part D of title I]’’ and requires that these Consistent with these interpretations Virginia ozone SIP revisions); and 66 FR measures ‘‘take effect without further of the Clean Air Act, EPA explained in 634 (January 3, 2001) (final rule action by the State or EPA.’’ The CAA the preamble to its 2007 implementation approving a Connecticut ozone SIP does not specify how many contingency rule for the 1997 PM2.5 NAAQS that the revision). A state may use the same measures are required or the magnitude SIP should contain trigger mechanisms measures for both RFP and attainment of emission reductions that must be for the contingency measures, specify a contingency if the measures will provided by these measures. Consistent schedule for implementation, and provide reductions in the relevant years. with the text of section 172(c)(9), indicate that the measures will be If these measures are first triggered for however, these measures must be implemented without significant further failure to make RFP, however, the state specific, adopted measures that are action by the State or EPA. See 72 FR would need to submit replacement ready to be implemented quickly upon 20586, 20642 to 20645 (April 25, 2007) contingency measures for attainment 8 failure to meet RFP or failure of the area and 40 CFR 51.1012. purposes (57 FR 13498, 13511). to meet the standard by its attainment Contingency measures can include With respect to the level of emission 7 date. Federal, state, and local measures reductions associated with contingency EPA provided guidance on the section already scheduled for implementation measures, EPA has recommended that 172(c)(9) contingency measure that provide emission reductions in states consider ‘‘the potential nature and requirement in an interpretative excess of those needed to provide for extent of any attainment shortfall for the document entitled ‘‘State RFP or expeditious attainment. The key area’’ and the amount of actual emission Implementation Plans; General is that the contingency measures reductions required by the SIP control Preamble for the Implementation of provide for additional emission strategy to attain the standards. See PM– Title I of the Clean Air Act Amendments reductions that are not relied on for RFP 10 Addendum at 42015; see also 72 FR of 1990,’’ 57 FR 13498 (April 16, 1992) or attainment and that are not included 20586, 20643. The contingency (‘‘General Preamble’’). As EPA in the attainment demonstration. The measures are to be implemented in the explained in the General Preamble, purpose is ‘‘to provide a cushion while event that the area does not meet RFP ‘‘contingency measures should, at a the plan is being revised to meet the or attain the standards by the attainment minimum, ensure that an appropriate missed milestone’’ (72 FR 20586, 20642 date, and ‘‘should represent a portion of level of emission reduction progress to 20643). Nothing in the statute the actual emission reductions continues to be made if attainment [or] precludes a state from implementing necessary to bring about attainment in RFP is not achieved and additional such measures before they are triggered. area’’ (72 FR 20586, 20643). planning by the State is needed’’ (57 FR See, e.g., LEAN v. EPA, 382 F.3d 575 Accordingly, EPA has recommended 13498, 13511). These emission (5th Cir. 2004) (upholding contingency that the emission reductions anticipated reductions would be in addition to measures that were previously required by the contingency measures should be those that were already scheduled to and implemented where they were in equal to approximately one-year’s worth occur in accordance with the plan for excess of the attainment demonstration of emission reductions needed to the area. See Id. at n. 2 and 57 FR 13498, and RFP SIP). EPA has approved numerous SIPs achieve RFP for the area. See id. and 6 PM–10 Addendum at 42015. EPA’s partial disapproval of the SJV PM2.5 SIP under this interpretation—i.e., SIPs that based on these deficiencies triggered mandatory III. Review of the Submitted San sanctions clocks under CAA section 179(b) and an 8 Although the U.S. Court of Appeals for the Joaquin Valley PM2.5 Contingency obligation on EPA to promulgate a Federal District of Columbia (DC Circuit) recently remanded Implementation Plan (FIP) within two years (76 FR this rule and directed EPA to re-promulgate it Measure SIP 69896, 69924). The first sanctions, the offset pursuant to subpart 4 of part D, title I of the CAA A. The Submitted San Joaquin Valley sanction under CAA section 179(b)(2), became (see Natural Resources Defense Council v. EPA, 706 effective in the SJV area 18 months after the F.3d 428 (DC Cir., Jan. 4, 2013)), the court’s ruling PM2.5 Contingency Measure SIP effective date of EPA’s final disapproval, i.e., on in this case does not affect EPA’s action on the On July 3, 2013, CARB submitted the July 9, 2013 (40 CFR 52.31(d)). In a separate action Contingency Measure SIP. Subpart 4 of part D, title published in today’s Federal Register, EPA is I of the Act contains no specific provision ‘‘Quantifying Contingencies for the 2008 staying the offset sanction and deferring the governing contingency measures for PM10 or PM2.5 PM2.5 Plan’’ (dated June 20, 2013) application of highway funding sanctions, based on nonattainment areas that supersedes the general (‘‘Contingency Measure SIP’’) as a today’s proposed rule to fully approve the contingency measure requirement for all revision to the California State Contingency Measure SIP. See ‘‘Interim Final nonattainment areas in CAA section 172(c)(9). Determination to Stay and Defer Sanctions; San Thus, even if EPA applies the subpart 4 Implementation Plan. The State and Joaquin Valley’’ in the Rules section of today’s requirements to our evaluation of the Contingency District adopted the Contingency Federal Register. Measure SIP and disregards the provisions of the Measure SIP to correct the SIP 7 We refer to those measures addressing failure to 2007 PM2.5 implementation rule recently remanded deficiencies identified in EPA’s make RFP as ‘‘RFP contingency measures’’ and by the court, the general requirement for those measures addressing failure to attain as contingency measures in CAA section 172(c)(9) November 9, 2011 partial disapproval of ‘‘attainment contingency measures.’’ continues to apply. the SJV PM2.5 SIP by (1) confirming that

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the SJV area had met its 2012 RFP excerpts); and (8) CARB, ‘‘The Carl the relevant geographic area, of a public milestones and (2) expanding upon the Moyer Program Guidelines,’’ approved hearing on the proposed revisions, a attainment contingency measures in the April 28, 2011 (selected excerpts). public comment period of at least 30 SJV PM2.5 SIP to establish a contingency CARB submitted additional technical days, and an opportunity for a public plan that achieves SIP-creditable support for its PM2.5 to NOX conversion hearing. emission reductions equivalent to analysis on August 6, 2013. See CARB’s SIP submission includes approximately one year’s worth of RFP Memorandum dated August 13, 2013 public process documentation for the in 2015. See generally Contingency from Scott Bohning, EPA Region 9 to Contingency Measure SIP, including Measure SIP. The July 3, 2013 File for docket EPA–R09–OAR–2013– documentation of duly-noticed public submission includes a copy of the 0534, San Joaquin Valley action; hearings held by the District on June 20, Contingency Measure SIP revision itself; Subject: Contingency precursor 2013 and by CARB on June 27, 2013. a letter dated July 3, 2013 from Richard effectiveness ratio using additional See SJVUAPCD Board Resolution No. Corey, Executive Officer, CARB, to Jared information. 13–6–18, pp. 2 and 3 and CARB Blumenfeld, Regional Administrator, In sum, the Contingency Measure SIP Resolution 13–30, p. 3. We find that the EPA Region 9, submitting the adopted contains (1) the District’s demonstration process followed by the District and Contingency Measure SIP for EPA that actual emission levels in the SJV in CARB in adopting the Contingency review; CARB Resolution 13–30 (June 2012 were below the milestone year Measure SIP complies with the 27, 2013) adopting the Contingency targets identified in the SJV PM2.5 SIP procedural requirements for SIP Measure SIP; a letter dated June 21, and approved by EPA for the 2012 RFP revisions under CAA section 110 and 2013 from Samir Sheikh, Director of year; and (2) identification of EPA’s implementing regulations.9 Strategies and Incentives, SJVUAPCD, to contingency measures that provide 2015 CAA section 110(k)(1)(B) requires Richard Corey, Executive Officer, CARB, emission reductions not relied on for EPA to determine whether a SIP submitting the adopted Contingency RFP or attainment that are submission is complete within 60 days Measure SIP for CARB review and approximately equivalent to one-year’s of receipt. Our SIP completeness criteria approval; SJVUPACD Board Resolution worth of RFP. The District’s calculation are found in 40 CFR part 51, Appendix No. 13–6–18 approving the Contingency of 2015 emission reductions in the V. We determined that the Contingency Measure SIP; technical support Contingency Measure SIP includes: Measure SIP is complete on August 12, documentation; and public process reductions from contingency measures 2013. See letter from dated August 12, documentation. that we previously identified as SIP- 2013 Deborah Jordan, Air Division creditable measures as part of our 2011 Director EPA Region 9 to Richard Corey, On July 24, 2013, the District clarified action on the SJV PM2.5 SIP, a revised Executive Officer, Air Resources Board. its intent that EPA review, as support calculation of emission reductions from C. Evaluation of the Contingency documentation for the Contingency the District’s woodburning control Measure SIP Measure SIP, additional materials measure (Rule 4901) based on updated related to incentive programs that the air quality and emissions data, emission 1. Contingency Measures for Failure To District had submitted to EPA under reductions resulting from the District’s Meet the 2012 Reasonable Further separate cover. See email dated July 24, implementation of incentive programs, Progress Milestone 2013, from Samir Sheikh, SJVUAPCD, to and substitution of surplus direct PM2.5 Kerry Drake, EPA Region 9, ‘‘RE: Per our The Contingency Measure SIP reductions for NOX reductions. For the conversation earlier.’’ These includes a demonstration that emissions SJV PM2.5 SIP, emission reductions of direct PM , NO , and SO in 2012 supplemental materials include: (1) equivalent to one year’s worth of RFP 2.5 X x SJVUAPCD Rule 9610, ‘‘State were all below the corresponding 2012 are 2.5 tpd of direct PM2.5, 31.6 tpd of Implementation Plan Credit for RFP milestone year emissions targets NOX and 0.2 tpd of SOx. See 76 FR Emission Reductions Generated through that EPA approved as part of the SJV 41338, 41359 (Table 10) and Final TSD PM SIP. See Contingency Measure Incentive Programs,’’ adopted June 20, for SJV PM SIP, p. 131. 2.5 2.5 SIP, p. 2. To make this demonstration, 2013; (2) SJVUAPCD, Rule 9610 Final We provide below a summary of our the District used the emission inventory Staff Report (including appendices), evaluation of the Contingency Measures from the 2011 Progress Report, adjusted dated June 20, 2013; (3) SJVUAPCD, SIP. For a more detailed discussion of to remove uncreditable reductions,10 ‘‘2013 Annual Demonstration Report,’’ EPA’s analyses, see Air Division, EPA dated June 2013 (including associated Region 9, ‘‘Technical Support and compared it to the SIP-approved electronic ‘‘Data Sheet’’); (4) CARB, Document—Proposed Approval of Clean 2012 RFP milestone year targets. Based ‘‘Carl Moyer Program: Guideline Criteria Air Act Section 172(c)(9) Contingency on this comparison, the District for On-Road and Off-Road Projects,’’ Measures—San Joaquin Valley State dated July 2013; (5) CARB, ‘‘San Joaquin 9 The State also provided public notice and a Implementation Plan for Attainment of hearing on Rule 9610 before submitting the rule and Valley Air Pollution Control District the 1997 PM2.5 Standards,’’ August 15, associated support documents to EPA as a SIP Proposed Rule 9610, Responses to U.S. 2013 (‘‘Proposal TSD’’), available in the revision. See letter dated June 26, 2013 from EPA’s Request to Address ‘Integrity docket for this proposed rule. Richard Corey, Executive Officer, CARB to Jared Elements’ in the Proposition 1B: Goods Blumenfeld, Regional Administrator, EPA Region 9 (submitting Rule 9610) and CARB Executive Order Movement Emission Reduction Program B. Clean Air Act Procedural Requirements for SIP Submissions S–13–006, dated June 26, 2013. EPA is not acting Guidelines,’’ draft, revised June 6, 2013; on Rule 9610 at this time but is reviewing it as (6) CARB, ‘‘Proposition 1B: Goods CAA sections 110(a) and 110(l) support material for the Contingency Measure SIP. Movement Emission Reduction require that revisions to a SIP be Other supplemental materials related to incentive programs that the State submitted to EPA under Program, Final Guidelines for adopted by the State after reasonable separate cover are not subject to additional State Implementation,’’ adopted February 28, notice and public hearing. EPA has procedures under the Act as they provide only 2008 (selected excerpts); (7) CARB, promulgated specific procedural technical support and do not alter the substance of ‘‘Proposition 1B: Goods Movement requirements for SIP revisions in 40 the Contingency Measure SIP. All of these supplemental materials are available in EPA’s Emission Reduction Program, Final CFR part 51, subpart F. These docket for this rulemaking. 2010 Guidelines for Implementation,’’ requirements include publication of 10 For a description of these uncreditable adopted March 25, 2010 (selected notices, by prominent advertisement in reductions, see Proposal TSD, Table E–4, p. 15.

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concluded that it met its approved 2012 to meet the CAA’s attainment 4354 (Glass Melting Furnaces).14 The RFP milestone year targets and, contingency measure requirement for Contingency Measure SIP also identifies accordingly, that RFP contingency the 1997 PM2.5 NAAQS. These projected these SOX reductions from State and measures for this milestone year are no emission reductions are categorized as District control measures as attainment longer needed. Id. follows: (1) Surplus emission reductions contingency measures, and EPA agrees We agree with the District’s from adopted and implemented State that these measures provide 3 tpd of conclusion that the SJV area has now and District regulatory measures, i.e., SOX reductions that are not relied on for met its approved 2012 RFP milestone emission reductions not relied on for RFP or attainment and, therefore, year targets 11 and that RFP contingency RFP or attainment; (2) emission qualify for approval as attainment measures for 2012 are, therefore, no reductions from a contingency provision contingency measures. longer needed. The emission inventory in the District woodburning rule; (3) Finally, the SJV PM2.5 SIP included a used in the RFP demonstration in the emission reductions resulting from the contingency provision in section 5.6.5 SJV PM2.5 SIP is expressed in tons per District’s implementation of incentive of District Rule 4901 (Wood Burning average annual day, an appropriate programs, and (4) substitution of Fireplaces and Wood Burning Heaters). metric for measuring progress for the surplus direct PM2.5 contingency This provision requires that 60 days annual PM2.5 standard. The inventory in reductions for NOX contingency after EPA finds the SJV has failed to the 2011 Progress Report, used in the reductions. We address each of these attain the 1997 PM2.5 NAAQS, the Contingency Measure SIP to categories of emission reductions below. District will lower the level at which demonstrate that the 2012 RFP targets mandatory curtailment of residential have been met, is the most recent a. Regulatory Measures and Programs wood burning is required from a average annual day inventory currently The SJV PM2.5 SIP, which EPA predicted level of 30 mg/m3 to 20 mg/m3. available for the SJV. However, as an partially approved and partially EPA approved this rule, including the additional check, EPA also reviewed the disapproved in November 2011 (76 FR contingency provision, on November 10, average winter day inventory recently 69896), provided for the continuing 2009 (74 FR 57907). submitted as part of the District’s 2012 implementation of existing CARB As part of the SJV PM2.5 SIP, the PM2.5 Plan for attaining of the 2006 24- mobile source measures that will District had preliminarily estimated the hour PM2.5 NAAQS and determined that achieve 21 tpd of NOX reductions in emissions reduction from this the conclusion that the area has met its 2015. See 76 FR 41338, 41359 (Table 9) contingency provision at 1.6 tons of approved 2012 milestone year targets is and Final TSD for SJV PM2.5 SIP, p. 135. direct PM2.5 per average annual day. also supported by this inventory. See These mobile source emission This estimate was derived by reviewing Proposal TSD, pp. 16 to 17. reductions are surplus to the reductions 2006 air quality data to determine how Based on our evaluation, EPA relied upon to demonstrate attainment many additional curtailment days proposes to find that the RFP because they occur in 2015 (after would be required at the lower (20 mg/ contingency measure requirement for implementation of all control measures m3) threshold. As part of the revised the 2012 RFP milestone year is now necessary for expeditious attainment) 12 analysis contained in the Contingency moot as applied to the SJV. The sole and will achieve approximately two- Measure SIP, the District reviewed purpose of RFP contingency measures is thirds of the NOX emission reductions ambient air quality data for the 2009– to provide continued progress if an area needed to achieve one-year’s worth of 2013 period to determine the numbers fails to meet its RFP goal. Failure to RFP. The Contingency Measure SIP also of ‘‘No Burn’’ days that it would have meet the 2012 milestone year target identifies these same mobile source required had the lower mandatory would have required California to emissions reductions as attainment curtailment level (20 mg/m3) been implement RFP contingency measures contingency measures, and EPA agrees effective during these years. Based on and to revise the SJV PM 2.5 SIP to assure that these emission reductions qualify these updated data, the District revised that the plan still provided for for approval as attainment contingency the estimated additional emission attainment by the applicable attainment measures. reductions expected from the Rule 4901 date of April 5, 2015. In this case, Additionally, the SJV PM2.5 SIP contingency provision to 3.12 tpd of however, the Contingency Measure SIP showed that continuing implementation direct PM and 0.32 tpd of NO . See demonstrates that actual emission levels 2.5 X of CARB’s mobile source control Contingency Measure SIP, pp. 4 to 6. in 2012 met the approved 2012 RFP program and District rules would EPA now finds that these updated milestone year targets for all three provide 3 tpd of SOX reductions beyond calculations of the projected emission pollutants (PM 2.5, NOX, and SOX) the levels needed for expeditious reductions from Rule 4901 are regulated in the SJV PM2.5 SIP. attainment in 2015. See 76 FR 41338, reasonable and, therefore, agrees with Accordingly, RFP contingency measures 41359 (Table 10) and Final TSD for SJV the District that Rule 4901 provides 3.1 for 2012 no longer have meaning or PM2.5 SIP, p. 135. These surplus tpd of direct PM reductions and 0.3 purpose, and therefore EPA proposes to 2.5 reductions are primarily due to the low- tpd of NO reductions that qualify for find that the requirement for them is X sulfur content requirements in CARB approval as attainment contingency now moot. diesel fuel regulations for on- and off- measures. 13 2. Contingency Measures for Failure To road equipment and SOX limits in In sum, taking into account surplus Attain District Rule 4320 (Advanced Emission emission reductions in the SJV PM2.5 Reduction Option for Boilers) and Rule The Contingency Measure SIP SIP that EPA previously identified as identifies projected emission reductions available for contingency measure 12 Consistent with CAA section 172(c)(1) and 40 for 2015 on which the District is relying purposes and the District’s revised CFR 51.1007(b), the SJV PM2.5 SIP provides for the estimate of emissions reduction from implementation of all control measures needed for 11 The 2012 RFP milestone year targets that EPA attainment as expeditiously as practicable and no the contingency provision in the SIP- approved as part of the RFP demonstration in the later than the beginning of the year prior to the 14 SJV PM2.5 SIP are identified as ‘‘revised projected attainment date (i.e., by January 2014) (76 FR EPA approved CARB’s diesel fuel regulations controlled emissions levels’’ for 2012 in EPA’s 69896, 69916 to 69917). on May 12, 2010 (75 FR 26653), Rule 4320 on 13 proposed action on the SJV PM2.5 SIP (76 FR 41338, See 13 CCR section 2281 (‘‘Sulfur Content of March 25, 2011 (76 FR 16696), and Rule 4354 on 41357 (Table 9)). Diesel Fuel’’). August 29, 2011 (76 FR 53640).

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approved Rule 4901, the total amount of reduction of emissions from stationary, regulatory programs through voluntary, emission reductions from regulatory area, and/or mobile sources in an nonregulatory changes in local control measures that we are proposing efficient manner. EPA has promulgated transportation sector activity levels or to approve as part of the Contingency regulations for statutory EIPs required changes in in-use vehicle and engine Measure SIP are as follows: 21.3 tpd of under section 182(g) of the Act and has fleet composition). A discretionary EIP NOX reductions from the continuing issued guidance for discretionary or VMEP submission must be implementation of CARB’s mobile EIPs.15 See 59 FR 16690 (April 7, 1994) accompanied by sufficient technical source control program and District (codified at 40 CFR part 51, subpart U) support for EPA to determine that the Rule 4901; 3.1 tpd of direct PM2.5 and ‘‘Improving Air Quality with statutory criteria for approval are met— reductions from the contingency Economic Incentive Programs,’’ U.S. e.g., procedures designed to compare provision in District Rule 4901; and 3 EPA, Office of Air and Radiation, projected emission reductions with tpd of surplus SOX reductions from January 2001 (EPA–452/R–01–001) actual emission reductions achieved; District rules limiting SOX emissions (‘‘2001 EIP’’). Where a State relies upon State commitments to monitor, assess, and CARB’s mobile source control a discretionary EIP in a SIP submission, and report on program implementation program, including its low-sulfur diesel EPA evaluates the programmatic and actual emission reductions fuel regulation. elements of the EIP to determine achieved; and procedures for the State whether the resulting emission to remedy emission reduction shortfalls b. Discretionary Economic Incentive reductions are quantifiable, surplus, in a timely manner. See 2001 EIP at Programs enforceable and permanent. See 2001 Section 5.0 and 1997 VMEP at pp. 6, 7. The Contingency Measure SIP states EIP at Section 4.1. These four The State must also demonstrate that it that NOX and PM2.5 emission reductions fundamental ‘‘integrity elements,’’ has adequate personnel and program to be achieved through the which apply to all EIPs and other resources to implement the program and implementation of specific incentive incentive/voluntary measures relied on that the EIP or VMEP does not interfere programs in the San Joaquin Valley are for SIP purposes, are designed to ensure with other requirements of the Act. See available for contingency measure that such programs and measures satisfy id. and 2001 EIP at Section 11.0. With purposes in 2015. See Contingency the applicable requirements of the Act. respect to VMEPs, EPA has in the past Measure SIP, pp. 7 to 9. The incentive See id.; see also ‘‘Guidance on generally limited the amount of programs identified in the Contingency Incorporating Voluntary Mobile Source emission reductions allowed in a SIP to Measure SIP for this purpose are as Emission Reduction Programs in State three percent (3 percent) of the total follows: the Carl Moyer Memorial Air Implementation Plans (SIPs),’’ October projected future year emission Quality Standards Attainment Program 24, 1997 (‘‘1997 VMEP’’); ‘‘Incorporating reductions required to attain the (Carl Moyer Program), implemented Voluntary Stationary Source Emission relevant NAAQS, and for any particular through a partnership between CARB Reduction Programs Into State SIP submittal to demonstrate attainment and local air districts; the Proposition Implementation Plans—Final Policy,’’ or maintenance of the NAAQS or 1B: Goods Movement Emission January 19, 2001; ‘‘Incorporating progress toward attainment (RFP), 3 Reduction Program (Prop 1B), also Emerging and Voluntary Measures in a percent of the specific statutory implemented through a partnership State Implementation Plan (SIP),’’ requirement. See 1997 VMEP at 5. between CARB and local air districts; September 2004; ‘‘Guidance on i. Overview of SJVUAPCD’s Incentive- and the U.S. Department of Agriculture, Incorporating Bundled Measures in a Based Emission Reductions Natural Resources Conservation State Implementation Plan,’’ August 16, Service’s (NRCS) Environmental Quality 2005; and ‘‘Roadmap for Incorporating The Carl Moyer Program is a Incentives Program (EQIP), Energy Efficiency/Renewable Energy California grant program established in implemented by NRCS. See id. We are Policies and Programs into State and 1998 that provides funding to encourage proposing to approve 4.15 tpd of NOX Tribal Implementation Plans,’’ July the voluntary purchase of cleaner-than- reductions and 0.10 tpd of direct PM2.5 2012. required engines, equipment, and other reductions from specific Carl Moyer We are evaluating the incentive-based emission reduction technologies. See Program and Prop 1B projects, as emission reductions in the Contingency generally CARB, ‘‘The Carl Moyer identified in the Contingency Measure Measure SIP in accordance with these Program Guidelines, Approved SIP and in this proposed rule, for fundamental integrity elements as Revisions 2011,’’ Release Date: February purposes of satisfying the contingency applied, in particular, to discretionary 8, 2013, at Chapter 1 (available measure requirement for the 1997 PM2.5 ‘‘financial mechanism EIPs’’ and electronically at http://www.arb.ca.gov/ NAAQS. ‘‘voluntary mobile source emission msprog/moyer/moyer.htm). In its first The CAA explicitly provides for the reduction programs’’ (VMEPs). See 2001 12 years, the Carl Moyer Program use of economic incentives as one tool EIP at Section 8.0 (describing ‘‘financial provided over $680 million in state and for states to use to achieve attainment of mechanism EIP’’ as a mechanism that local funds to reduce air pollution from the NAAQS. See, e.g., CAA section indirectly reduces emissions by equipment statewide, e.g., by replacing 110(a)(2)(A) (requiring that each SIP increasing costs for high emitting older trucks with newer, cleaner trucks, ‘‘include enforceable emission activities—e.g., through fees/taxes on retrofitting controls on existing engines, limitations and other control measures, emissions and subsidies targeted at and encouraging the early retirement of means, or techniques (including promoting pollution-reducing activities older, more polluting vehicles. Id. economic incentives such as fees, or products) and 1997 VMEP at p. 3 The Prop 1B program is a California marketable permits, and auctions of (describing ‘‘VMEP’’ as a mobile source grant program established in 2007, as a emissions rights), as well as schedules strategy that complements existing result of State bond funding approved and timetables for compliance, as may by voters, which provides $1 billion in be necessary or appropriate to meet the 15 A ‘‘discretionary economic incentive program’’ funding to CARB to reduce air pollution applicable requirements of [the Act]’’); is ‘‘any EIP submitted to the EPA as an emissions and health risks from freight see also sections 172(c)(6), 183(e)(4). implementation plan revision for purposes other movement along California’s priority than to comply with the statutory requirements of Economic incentive programs (EIPs) use sections 182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of trade corridors. Under the enabling market-based strategies to encourage the the Act’’ (40 CFR 51.491). legislation (California Senate Bill 88 and

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Assembly Bill 201 (2007)), CARB relies on projections of emission reductions that are quantifiable, surplus, awards grants to fund projects proposed reductions from incentive programs to enforceable, and permanent: (1) by local agencies that are involved in satisfy a CAA SIP requirement must ‘‘Proposition 1B: Goods Movement freight movement or air quality include a demonstration that each Emission Reduction Program, Final improvements associated with goods applicable incentive program guideline 2010 Guidelines for Implementation,’’ movement activities. Upon receipt of continues to provide for ‘‘SIP-creditable adopted March 25, 2010; (2) such grants, the local agencies are then emission reductions’’—i.e., emission ‘‘Proposition 1B: Goods Movement responsible for providing financial reductions that are quantifiable, surplus, Emission Reduction Program, Final incentives to owners of equipment used enforceable, and permanent, as those Guidelines for Implementation,’’ in freight movement to upgrade to terms are defined in Rule 9610. See Rule adopted February 28, 2008; and (3) ‘‘The cleaner technologies, consistent with 9610, section 7.0 and section 2.25 Carl Moyer Program Guidelines,’’ program guidelines adopted by CARB. (definition of ‘‘SIP-Creditable Emission approved April 28, 2011. See email See generally ‘‘Strategic Growth Plan Reduction’’). In addition, each such SIP dated July 24, 2013 from Samir Sheikh, Bond Accountability, Goods Movement submission must include an enforceable SJVUAPCD, to Kerry Drake, EPA Region Emission Reduction Program,’’ commitment that: (1) Identifies 9, ‘‘RE: Per our conversation earlier.’’ In Approved February 27, 2008 (available incentive program guidelines used to addition, the Contingency Measure SIP electronically at http://www.arb.ca.gov/ generate projected SIP-creditable contains an enforceable commitment by _ bonds/gmbond/docs/gm emission reductions; (2) identifies the District: (1) to ‘‘account for’’ the _ _ _ accountability with links 2–27–08.pdf). emission reductions ‘‘projected to be District’s claimed 4.15 tpd of NOX The Contingency Measure SIP states achieved through the use of secured or reductions and 0.10 tpd of direct PM2.5 that a total of 10.9 tpd of NOX reasonably anticipated incentive reductions ‘‘in annual demonstration reductions and 0.44 tpd of direct PM2.5 program funding’’ and estimated reports pursuant to the requirements of reductions, to be achieved in 2015 numbers of projects and willing Rule 9610’’; and (2) if there is a shortfall through implementation of the Carl participants; (3) is specifically adopted in emission reductions from these Moyer Program, Prop 1B, and EQIP, are by the District as part of the SIP and incentive programs, to ‘‘adopt and available for contingency measure accounted for in subsequent annual submit to EPA substitute rules and purposes and that these emission demonstration reports; and (4) states measures that will achieve equivalent reductions exceed the 4.15 tpd of NOX that ‘‘if either the District or EPA finds emission reductions as expeditiously as reductions and 0.10 tpd of direct PM2.5 that there is a SIP shortfall for a practicable and no later than any reductions needed to satisfy the particular year, the District will adopt applicable implementation deadline in contingency measure requirement for and submit to EPA, by specified dates, the CAA or EPA’s implementing 2015. See Contingency Measure SIP, p. substitute rules and measures that will regulations, by no later than December 7. To support the District’s conclusion achieve equivalent emission reductions 31, 2016.’’ See SJVUAPCD Board that these NOX and direct PM2.5 as expeditiously as practicable and no Resolution No. 13–6–18 at p. 3. reductions from incentive programs are later than any applicable quantifiable, surplus, enforceable and implementation deadline in the Clean Finally, information provided to permanent, the Contingency Measure Air Act or EPA’s implementing support the Contingency Measure SIP SIP cites specified requirements in regulations.’’ See Rule 9610, sections 7.1 demonstrates that the District has SJVUAPCD Rule 9610, a regulation through 7.4. adequate personnel and program adopted by the District on June 20, 2013 Consistent with these criteria, the resources to implement the Carl Moyer to establish administrative processes Contingency Measure SIP contains the Program and Prop 1B programs. See, and criteria for documenting emission State’s and District’s demonstrations e.g., ‘‘The Carl Moyer Program reductions achieved through incentive that specified portions of the following Guidelines’’ (approved April 28), programs for CAA SIP purposes. See id. Prop 1B and Carl Moyer Program Chapter 3 (‘‘Program Administration’’); at 7, 8 (citing Proposed SJVUAPCD Rule guidelines 18 provide for emission ‘‘2011 Proposition 1B: Goods Movement 9610, section 7.0). According to the Emission Reduction Program, Final District, the 4.15 tpd of NOX reductions SIP relies upon emission reductions that are 2010 Guidelines for Implementation’’ quantified and tracked pursuant to the requirements and 0.10 tpd of direct PM2.5 reductions (adopted March 25, 2010) at Chapter III of Rule 9610, however, EPA has reviewed relevant (‘‘Local Agency Project Proposal’’); and from incentive programs that it is provisions of Rule 9610 and related support relying upon to satisfy the attainment documents, consistent with the District’s intent. See letter dated January 2, 2013 from James contingency measure requirement (for email dated July 24, 2013 from Samir Sheikh, Goldstene, Executive Officer, CARB, to 2015) satisfy the requirements of section SJVUAPCD, to Kerry Drake, EPA Region 9, ‘‘RE: Per Seyed Sadredin, Air Pollution Control our conversation earlier.’’ 16 Officer, SJVUAPCD, enclosing 7.0 of proposed Rule 9610 and, 18 The District’s Board Resolution adopting the therefore, qualify for SIP credit under Contingency Measure SIP broadly identifies ‘‘the ‘‘Incentive Program Review Report, San the CAA. incentive program guidelines identified in Section Joaquin Valley Air Pollution Control Under section 7.0 of Rule 9610,17 each 3.1 of Rule 9610, the 2013 Draft Annual District Fiscal Years 2006–07 through Demonstration Report, and the Manual of 2009–10.’’ SIP submission as to which the District Procedures to quantify SIP-creditable emission reductions relied upon to satisfy the PM2.5 16 ii. Evaluation of Applicable Incentive The Contingency Measure SIP references contingency measure requirement for 2015 in the Program Guidelines and Projects ‘‘proposed’’ Rule 9610 because the rule was not yet amount of 4.15 tons per day (tpd) of NOX adopted at the time the District was developing the reductions and 0.10 tpd of direct PM2.5 reductions. Contingency Measure SIP. Rule 9610, as adopted by . . .’’ and the Contingency Measure SIP similarly We have evaluated specific portions the SJVUAPCD Governing Board on June 20, 2013, identifies the Carl Moyer Program, Prop 1B, and of the three incentive program is substantively unchanged from the proposed rule EQIP (NRCS) in their entirety as the basis for the guidelines identified above (the 2008 that the District made available for public comment District’s claimed NOX and direct PM2.5 emission and 2010 Prop 1B guidelines and 2011 on May 21, 2013, and section 7.0 of the adopted reductions. See SJVUAPCD Board Resolution No. rule is identical to the text in the proposed rule. 13–6–18, p. 3 and Contingency Measure SIP, p. 7. Unless otherwise noted, all references to Rule 9610 In this proposed rule, however, EPA is evaluating Measure SIP does not contain adequate technical herein are to the rule as adopted June 20, 2013. only a subset of these guidelines (i.e., specified documentation for EPA to fully evaluate all of the 17 EPA is not proposing at this time to act on Rule portions of those Carl Moyer Program and Prop 1B incentive programs referenced in the SIP 9610 itself. To the extent the Contingency Measure guidelines identified herein), as the Contingency submission.

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Carl Moyer Program guideline) 19 and program and Carl Moyer Program that estimates for 2015 provided in Table 18 believe, with one exception, that they provide an adequate basis for the of the 2013 Annual Demonstration provide for emission reductions that are District’s claimed NOX and direct PM2.5 Report, which identifies the total 22 quantifiable, surplus, enforceable, and emission reductions for 2015. The reductions, in tons per day, of NOX, permanent consistent with the Contingency Measure SIP states that it particulate matter (PM) and ‘‘reactive requirements of the CAA. The one relies on incentive-based emission organic gases’’ (ROGs) 25 that the District exception is the option for the State to reductions to be achieved from expects will be achieved by Prop 1B grant a longer project life on a case-by- ‘‘already-executed, legally binding projects related to on-road trucks case basis ‘‘if an applicant provides contracts’’ rather than on projections of between 2009 and 2020. See 2013 justifying documentation.’’ See, e.g., future funding and participation rates. Annual Demonstration Report at 40, ‘‘The Carl Moyer Program Guidelines,’’ See Contingency Measure SIP at 7, 8. Table 18 (‘‘SIP-Creditable Incentive- approved April 28, 2011, Chapter 9 (Off- According to the 2013 Annual Based Emission Reductions for On-Road Road Equipment Replacement) at Demonstration Report and associated Trucks’’). Additionally, the Data Sheet section C.1(C)(5) (‘‘Project Life’’). This ‘‘Data Sheet,’’ 23 on-road vehicle indicates that 853 of these 1243 projects option to grant a longer project life on replacement projects that have been subject to Prop 1B funds have a project a case-by-case basis provides the State funded through the Prop 1B program life ending after December 31, 2016 and with broad discretion to extend the and off-road vehicle replacement will, therefore, continue to generate duration of emission reductions claimed projects that have been funded through emission reductions through at least the from an equipment replacement project the Carl Moyer Program are expected to end of 2016. See Proposal TSD at without any EPA oversight or public achieve NOX and direct PM2.5 emission Attachment A (‘‘Prop 1B: On-Road process. Because these case-by-case reductions in amounts adequate to cover Vehicle Replacement projects achieving determinations could undermine the the incentive-related emission emission reductions through 2015’’) and integrity of the program (e.g., by reductions claimed by the District in the Memorandum from Idalia Perez to File undermining EPA’s ability to limit SIP Contingency Measure SIP (i.e., the 4.15 dated July 22, 2013. These funded credit to the period during which the tpd of NOX reductions and 0.10 tpd of projects are expected to achieve 2.35 tpd emission reductions are ‘‘surplus’’ to direct PM2.5 reductions claimed for of NOX reductions and 0.09 tpd of PM other requirements), EPA cannot grant 2015). Each of these funded projects is reductions in 2016. See id. and 2013 SIP credit for emission reductions from subject to one of the three incentive Annual Demonstration Report at 40, projects subject to such a determination program guidelines identified above Table 18. unless the District submits the (i.e., the 2008 Prop 1B guideline, 2010 Similarly, the Data Sheet identifies individual determination for EPA Prop 1B guideline, or 2011 Carl Moyer 675 ‘‘off-road vehicle replacement’’ review and approval through the SIP Program guideline). projects funded through the Carl Moyer process. Specifically, the Data Sheet identifies Program that have a ‘‘project life’’ With the limited exception of these 1243 ‘‘on-road vehicle replacement’’ ending on or after January 1, 2021 and provisions regarding case-by-case projects funded through the Prop 1B therefore will continue to achieve determinations, the portions of the program that have a ‘‘project life’’ emission reductions well past the end of identified program guidelines that we ending on or after January 1, 2016 and 2015.26 Collectively, these 675 funded have reviewed establish clear criteria therefore will continue to achieve projects are projected to achieve 1.23 that enable the District to quantify the emission reductions at least through the tpd of NOX reductions and 0.06 tpd of emission reductions attributed to end of 2015.24 Collectively, these 1243 PM reductions in 2015. See specified projects with a reasonable funded projects are projected to achieve Memorandum from Idalia Perez to File level of accuracy; verify that those 3.78 tpd of NOX reductions and 0.15 tpd dated July 22, 2013. These totals are emission reductions are ‘‘surplus’’ as of PM reductions in 2015. See consistent with the emission reduction that term is defined in section 2.27 of Memorandum from Idalia Perez to File estimates for 2015 provided in Table 13 Rule 9610 20; enforce the conditions of dated July 22, 2013. These totals are of the 2013 Annual Demonstration program grants to ensure that contracted consistent with the emission reduction Report, which identifies the total emission reductions are achieved; and reductions, in tons per day, of NOX, PM monitor the continuing implementation programs, as contracted between the Grantee and and ROGs that the District expects will of program grants to ensure that the District, NRCS, or CARB using incentive be achieved by Carl Moyer Program program guidelines at the time of contracting. Such emission reductions are ‘‘permanent’’ actions include, but are not limited to, projects related to off-road vehicle throughout the life of each project. For replacements, retrofits, new purchases, new replacement between 2009 and 2020. a more detailed discussion of EPA’s practices, and repower.’’ See 2013 Annual Demonstration Report review of the relevant portions of these 22 EPA is not reviewing projects funded through at 37, Table 13 (‘‘SIP-Creditable the EQIP program at this time because the three program guidelines, see Proposal Contingency Measure SIP does not contain Incentive-Based Emission Reductions TSD, pp. 29 to 42. adequate documentation regarding this program. for Off-Road Compression-Ignition Additionally, we have evaluated the See n. 18, supra. District’s documentation for specific 23 Available at http://www.valleyair.org/MOP/ 25 California uses the term ‘‘reactive organic projects 21 funded through the Prop 1B docs/9610ProjectDataforPublicUNLOCKED8–7– gases’’ (ROGs) to refer generally to volatile organic 13.xlsx. compounds (VOCs) as defined in 40 CFR 51.100(s). 24 In the Data Sheet, these Prop 1B projects are 26 19 In the Data Sheet, these Carl Moyer Program Relevant excerpts of these three guidelines are listed under the following columns: (1) Component: projects are listed under the following columns: (1) available in EPA’s docket for this rulemaking. ‘‘On-Road Prop 1B’’; (2) Component Option: Component: ‘‘Off-Road’’; (2) Component Option: 20 Section 2.27 of Rule 9610 defines the term ‘‘Vehicle Replacement’’ and ‘‘Vehicle Replacement ‘‘Vehicle Replacement’’; and (3) Applicable ‘‘surplus’’ as follows: ‘‘for purposes of this rule, 2 for 1’’; and (3) Applicable Guideline: ‘‘Prop 1B Guideline: ‘‘Carl Moyer 2011.’’ EPA has compiled emission reductions are surplus when they are not 2008’’ and ‘‘Prop 1B 2010.’’ EPA has compiled these these Carl Moyer Program projects into a separate otherwise required by any federal, state, or local Prop 1B projects into a separate document which document which identifies each project by its regulation, or other legal mandate, and are in excess identifies each project by its unique ‘‘project unique ‘‘project identification’’ code and of the baseline emission inventories underlying a identification’’ code and information regarding the information regarding the emission reductions it SIP attainment demonstration.’’ emission reductions it will achieve over its lifetime, will achieve over its lifetime, in tons. See Proposal 21 Section 2.19 of Rule 9610 defines the term in tons. See Proposal TSD at Attachment A (‘‘Prop TSD at Attachment B (‘‘Carl Moyer Program: Off- ‘‘project’’ as follows: ‘‘for purposes of this rule, 1B: On-Road Vehicle Replacement projects Road Vehicle Replacement projects achieving actions taken to reduce emissions through incentive achieving emission reductions through 2015’’). emission reductions through 2015’’).

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Equipment Replacement Claimed iii. Evaluation of SJVUAPCD’s EPA, no later than December 31, 2016, Pursuant to Section 3.1’’). All of these Enforceable Commitments ‘‘substitute rules and measures that will funded projects are expected to We have evaluated the Board achieve equivalent emission reductions continue achieving emission reductions commitments submitted as part of the as expeditiously as practicable and no through at least 2021. See Proposal TSD Contingency Measure SIP and find that later than any applicable at Attachment B (‘‘Carl Moyer Program: they establish clear obligations on the implementation deadline in the CAA or Off-Road Vehicle Replacement projects District’s part to monitor, assess, and EPA’s implementing regulations,’’ if achieving emission reductions through report on program implementation and there is a shortfall in emission 2015’’) and Memorandum from Idalia actual emission reductions achieved reductions. SJVUAPCD Board Perez to File dated July 22, 2013. and to remedy any emission reduction Resolution No. 13–6–18, p. 3. Consistent Although Chapter 9 of the 2011 Carl shortfalls in a timely manner, consistent with this commitment, EPA expects the Moyer Program guideline contains with EPA policy. Specifically, District to confirm as part of its 2014 several provisions allowing for case-by- SJVUAPCD Board Resolution No. 13–6– and 2015 Annual Demonstration 27 case determinations, we understand 18 contains two key components Reports whether the claimed 4.15 tpd of that the District’s 2015 emission designed to ensure that the 4.15 tpd of NOX reductions and 0.10 tpd of direct reduction estimates for Carl Moyer NOX reductions and 0.10 tpd of direct PM2.5 reductions are expected to occur projects in Table 13 of the 2013 Annual PM2.5 reductions claimed in the in 2015 as projected, and to provide the Demonstration Report do not rely on District’s Contingency Measure SIP are basis for its conclusion—e.g., any projects subject to case-by-case enforceable under the CAA. information about actual program determinations, as such determinations The first key component is a participation rates, actual reported are not eligible for SIP credit unless commitment to ‘‘account for’’ these activity data, project audits, usage reviewed through a public process and emission reductions ‘‘in annual reports, and other project monitoring submitted to EPA as part of a SIP demonstration reports pursuant to the activities consistent with the submission meeting the requirements of requirements of Rule 9610.’’ SJVUAPCD requirements of Rule 9610, section 4.0. Rule 9610.28 Board Resolution No. 13–6–18 at p. 3. If the District finds that there may be a We conclude that the District’s Rule 9610 specifically requires the shortfall in the claimed emission documentation regarding these Prop 1B District to submit to EPA, no later than reductions for 2015, the District will be and Carl Moyer Program projects is August 31 of each year, an ‘‘annual required to identify in its 2014 or 2015 adequate to ensure that the associated demonstration report’’ that includes the Annual Demonstration Report both the NOX and direct PM2.5 emission following elements: (1) Identification of estimated amount of the SIP shortfall (in reductions can be monitored and SIP-creditable emission reductions tons per day, by pollutant) and the verified. In any future SIP that relies on generated through incentive programs specific remedy to be implemented in incentive-based emission reductions implemented in the preceding year(s), the event of a shortfall—i.e., the quantified pursuant to the requirements summarized by pollutant, years that the substitute rules and measures that will of Rule 9610, we expect the District will emission reductions occur (project life), achieve equivalent emission reductions, specifically identify the types of projects cost effectiveness, funding amount, to be submitted to EPA no later than relied upon to generate the emission incentive program guideline, and December 31, 2016. See Rule 9610, reductions and the specific incentive project type; (2) identification of SIP section 4.4 (‘‘The District shall identify program guidelines that apply to those commitment(s) that the District has and quantify SIP commitment shortfalls, projects and we expect the subsequent satisfied, in whole or in part, through if any, and remedies for addressing said annual demonstration reports will then SIP-creditable emission reductions from shortfalls’’ as part of the annual list the individual projects relied upon the identified incentive programs; (3) demonstration report). Finally, EPA to achieve those reductions, as provided identification and quantification of SIP expects the District’s 2016 Annual in our Proposal TSD. We note that the commitment shortfalls, if any, and Demonstration Report will either 4.15 tpd of NOX reductions and 0.10 tpd remedies for addressing said shortfalls; confirm that the claimed 4.15 tpd of of direct PM2.5 reductions attributed to (4) detailed information about each NOX reductions and 0.10 tpd of direct the Carl Moyer Program and Prop 1B in specific project achieving SIP-creditable PM2.5 reductions actually occurred in 2015 for contingency measure purposes emission reductions, e.g., unique project 2015 as projected or identify and each amount to less than 2 percent of identification numbers, implementation quantify the specific SIP shortfalls and the total projected emission reductions dates, applicable incentive program specific remedies to be implemented of each pollutant needed to attain the guideline(s), and quantified emission consistent with the District’s 29 1997 PM2.5 NAAQS in the SJV. reductions per year and aggregated over commitment. Any conclusion that the the project life, by pollutant; and (5) a District’s claimed 4.15 tpd of NOX 27 See, e.g., ‘‘The Carl Moyer Program summary of monitoring and reductions and 0.10 tpd of PM2.5 Guidelines,’’ approved April 28, 2011, Chapter 9 enforcement activities conducted during (Off-Road Equipment Replacement) at section reductions actually occurred in 2015 C.1(C)(5) (‘‘Project Life’’). the reporting period for incentive must be supported by documentation of 28 Rule 9610 specifically prohibits the use of any projects for which SIP-creditable actual emissions, based on historical case-by-case determination to quantify emission emission reductions are being claimed. annual usage (i.e., reported activity reductions for SIP purposes ‘‘unless such See Rule 9610, sections 4.1–4.6 and 5.0. data), actual program participation rates, determination is reviewed through a public process The second key component is a and submitted to EPA in accordance with Section project audits, and other information 7.0 [of Rule 9610].’’ See Rule 9610 at section 3.2.2; commitment to adopt and submit to consistent with the requirements of see also 2013 Annual Demonstration Report at 11. sections 4.0 to 4.6 of Rule 9610. For a Neither the 2013 Annual Demonstration Report nor SOX reductions. See 76 FR 69896, 69923 (Table 4, more detailed discussion of our the Contingency Measure SIP specifically identifies line A) and Final TSD for SJV PM2.5 SIP, p. 113 any case-by-case determination for EPA review. (Table G–2, line C). Thus, the incentive program evaluation of these commitments, see 29 The SJV PM2.5 SIP projects the total amounts reductions identified in the Contingency Measure Proposal TSD, pp. 42 to 44. of emission reductions needed to attain the PM2.5 SIP amount to approximately 1.5 percent of the These Board commitments obligate NAAQS, from a 2005 base year to a 2014 attainment NOX reductions and 0.4 percent of the direct PM2.5 year, are as follows: 284.2 tpd of NOX reductions; reductions needed for timely attainment of the the District to monitor, assess, and 22.7 tpd of direct PM2.5 reductions; and 1.8 tpd of PM2.5 NAAQS in the SJV. report on program implementation and

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30 actual emission reductions achieved implementation of the Carl Moyer demonstration in the SJV PM2.5 Plan, and, ultimately, enable EPA and the Program and Prop 1B program grants CARB developed an equivalency ratio public to determine whether the with respect to the specific Prop 1B and between emission reductions of direct District’s claimed emission reductions Carl Moyer projects identified in EPA’s PM2.5 and of NOX. For each pollutant, (4.15 tpd of NOX reductions and 0.10 Proposal TSD. See Proposal TSD at CARB modeled the ambient effect of a tpd of direct PM2.5 reductions) actually Attachment A (‘‘Prop 1B: On-Road 10 percent reduction of emissions over occurred in 2015. Based on the District’s Vehicle Replacement projects achieving the modeling domain. The long history of successful emission reductions through 2015’’) and concentration change per emission implementation and enforcement of Attachment B (‘‘Carl Moyer Program: change gave a precursor effectiveness Prop 1B and Carl Moyer Program grants Off-Road Vehicle Replacement projects value for NOX and an effectiveness and the detailed requirements in the achieving emission reductions through value for direct PM2.5. The ratio of these associated incentive program 2015’’). two effectiveness values provided the guidelines, we fully expect that EPA supports and encourages the NOX-PM2.5 equivalency ratio. SJVUAPCD will achieve the required continuing efforts by CARB, the District, Emission reductions of direct PM emission reductions in 2015 as and NRCS to make incentive programs 2.5 from the District’s wood burning projected. However, should EPA find and voluntary measures an effective part restrictions tend to be concentrated in based on the 2014 or 2015 Annual of the SJV’s strategy for clean air. We the SJV’s urban areas. These urban areas Demonstration Report that the District’s commit to continue our work with these also typically record the highest PM2.5 claimed 4.15 tpd of NOX reductions and agencies to establish reliable procedures ambient levels in the SJV. As explained 0.10 tpd of direct PM2.5 reductions may for documenting the emission above, the District is proposing to not occur in 2015 as projected, EPA will reductions associated with voluntary substitute these urban-centered direct promptly notify the District of its and incentive programs for SIP PM reductions for region-wide NO potential obligation to adopt and submit purposes, in particular through the 2.5 X reductions. Because these wood burning substitute rules and measures consistent District’s implementation of Rule 9610, reductions are concentrated in areas with its Board commitment no later which EPA intends to act on in the near most like to experience high levels of than December 31, 2016, so that the future. Our collective goal is to establish ambient PM , their impact on these District has ample time to develop and a process that ensures that the emission 2.5 ambient levels will likely be greater adopt such rules/measures consistent reductions resulting from voluntary and than the same amount of PM with this deadline. Subsequently, incentive programs are quantifiable, 2.5 reductions distributed over the entire should EPA determine that the SJV area surplus, enforceable, and permanent nonattainment area. CARB’s full has failed to attain the PM2.5 NAAQS by consistent with CAA requirements as modeling domain approach, which the applicable attainment date of April interpreted in EPA guidance. We assumed distributed PM reductions, 5, 2015, the District will be obligated to welcome public comments on how best 2.5 will therefore tend to underestimate the verify through its next annual report to achieve this goal. (i.e., the 2016 Annual Demonstration impact of direct PM2.5 reductions from c. Substitution of Direct PM2.5 wood burning restrictions on ambient Report) whether the 4.15 tpd of NOX Reductions for NOX Reductions concentrations. As a result the 9:1 ratio reductions and 0.10 tpd of PM2.5 reductions identified in the Contingency The District estimated, based on of NOX to PM2.5 emission reductions in Measure SIP occurred in 2015, and if monitored air quality over the past five this case gives a conservatively high not, to adopt and submit substitute rules winter seasons, that triggering the estimate of the direct PM2.5 emission and measures to EPA consistent with its contingency provision in the District’s reductions needed to substitute for a Board commitment no later than woodburning rule would reduce direct given amount of NOX reductions. EPA proposes to approve the use of this ratio December 31, 2016. PM2.5 emissions by a further 3.12 tpd. See Contingency Measure SIP, p. 6. This for purposes of quantifying emission iv. Conclusion on SJVUAPCD’s level of reduction exceeds the 2.5 tpd of reductions to satisfy the CAA section Incentive-Based Emission Reductions 172(c)(9) attainment contingency direct PM2.5 reductions needed to meet Based on our evaluation of the the CAA contingency requirement for measure requirement for the 1997 PM2.5 31 District’s commitments regarding the this pollutant by 0.62 tpd. Taking into NAAQS in the SJV. For further information, see the Proposal TSD, Carl Moyer Program and Prop 1B and account the 0.1 tpd of direct PM2.5 related technical documentation reductions from incentive programs pp. 44–45. provided by the District in its SIP discussed above in section III.C.2.b, the d. Summary submission, we propose to find that the District then converted the total amount 2015 emission reductions associated of surplus direct PM2.5 reductions (0.72 In sum, EPA believes that the with these specific incentive programs tpd) into NOX reductions at a ratio of 9 Contingency Measure SIP identifies SIP- satisfy the statutory criteria for SIP tons of NOX for each ton of direct PM2.5. creditable attainment contingency credit and to approve these emission Based on this PM2.5 to NOX conversion, measures that will achieve a total of reductions as attainment contingency the District concluded that a 0.72 tpd 31.6 tpd of NOX, 2.5 tpd of direct PM2.5, measures for the 1997 PM2.5 NAAQS in reduction in direct PM2.5 emissions has and 3 tpd of SOX reductions in 2015. the SJV. Upon EPA’s final approval of the same ambient air quality impact as EPA believes that these emission the Contingency Measure SIP, the a 6.48 tpd reduction in NOX emissions. reductions will equal or exceed one- District’s commitments will become Using the Community Multiscale Air year’s worth of RFP as calculated in federally enforceable and will obligate it Quality (CMAQ) modeling application EPA’s 2011 final action on the SJV PM2.5 to monitor, assess, and report to EPA on underlying the attainment SIP. See Table 1.

30 EPA approved this air quality modeling as part 31 EPA has previously approved the use of this 41349 (noting adequacy of CARB’s ratio for of its approval of the attainment demonstration in ratio for use in transportation conformity purposes of assessing the effect of ‘‘area-wide the SJV PM2.5 Plan. See 76 FR 41338, 41349 and 76 determinations for the 1997 PM2.5 NAAQS in the emissions changes,’’ e.g., to address RFP, FR 69896, 69924. SJV. See 76 FR 69896, 69923. See also 76 FR 41338, contingency measures, and conformity budgets).

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TABLE 1— SUMMARY OF 2015 EMISSION REDUCTIONS CREDITABLE AS ATTAINMENT CONTINGENCY MEASURES [In tons per day]

NOX Direct PM2.5 SOX

California/Federal Mobile Source 21 ...... Control Program. Surplus SOX Reductions from ...... 3. CARB and District Rules. [Incentive Programs] ...... 4.15 ...... 0.1 Contingency Provision in District 0.3 ...... 3.1 Rule 4901. Substitution of surplus direct PM2.5 6.5 ...... ¥0.7 reductions for NOX reductions.

TOTAL EMISSION REDUC- 31.9 ...... 2.5 ...... 3. TIONS:. Emission reductions equal to one- 31.6 ...... 2.5 ...... 0.2. year’s worth of RFP 32. Contingency measure requirement Yes ...... Yes ...... Yes. met?.

Based on our evaluation, we are SIP and only expands upon the the SJV PM2.5 SIP on November 9, 2011 proposing to fully approve the contingency measure portion of the SJV (76 FR 69896) and would, therefore, Contingency Measure SIP as satisfying PM2.5 SIP, which EPA had partially terminate the CAA section 179(b) the attainment contingency measure disapproved in November 2011. We sanction and sanction clocks triggered requirement in CAA section 172(c)(9) propose to determine that our approval by that action and the obligation on EPA for the 1997 PM2.5 NAAQS in the San of the Contingency Measure SIP would to promulgate a federal implementation Joaquin Valley nonattainment area. All comply with CAA section 110(l) plan under CAA section 110(c). of the emission reductions relied on to because the proposed SIP revision We will accept comments from the meet the attainment contingency would not interfere with the on-going public on these proposals for the next measure requirement are provided by process for ensuring that requirements 30 days. The deadline and instructions control measures or incentive programs for RFP and attainment of the NAAQS for submission of comments are that are fully adopted under State law. are met, and the submitted SIP corrects provided in the ‘‘Date’’ and ‘‘Addresses’’ These measures and programs provide SIP deficiencies that were the basis for sections at the beginning of this SIP-creditable emission reductions that EPA’s November 9, 2011 partial preamble. are not relied on in the SJV PM2.5 SIP disapproval of the SJV PM2.5 SIP. to demonstrate RFP or attainment and V. Statutory and Executive Order IV. Proposed Actions and Request for provide for an appropriate level of Reviews Public Comment continued emission reduction progress Under the Clean Air Act, the For the reasons discussed above, we should the SJV area fail to attain by its Administrator is required to approve a are proposing to conclude that the statutory attainment date and SIP submission that complies with the Contingency Measure SIP submitted by necessitate additional planning. provisions of the Act and applicable CARB on July 3, 2013, satisfies the Federal regulations (42 U.S.C. 7410(k); D. Clean Air Act Section 110(l) attainment contingency measure 40 CFR 52.02(a)). Thus, in reviewing SIP CAA section 110(l) prohibits EPA requirement in CAA section 172(c)(9) submissions, EPA’s role is to approve from approving any SIP revision that for the 1997 PM NAAQS in the San 2.5 State choices, provided that they meet would interfere with any applicable Joaquin Valley nonattainment area and the criteria of the Clean Air Act. requirement concerning attainment and to fully approve this submission into the Accordingly, this proposed action RFP or any other applicable CAA California SIP. We are also proposing to merely proposes to approve State law as requirement. The Contingency Measure conclude that the RFP contingency meeting Federal requirements and does SIP corrects SIP deficiencies identified measure requirement in CAA section not impose additional requirements in EPA’s November 9, 2011 partial 172(c)(9) for the 2012 milestone year is beyond those imposed by State law. For approval and partial disapproval of the moot as applied to the San Joaquin SJV PM SIP (76 FR 69896). that reason, this proposed action: 2.5 Valley because the area achieved its • Specifically, the Contingency Measure approved emissions targets for the 2012 Is not a ‘‘significant regulatory SIP contains: (1) the District’s RFP milestone year. Finally, we are action’’ subject to review by the Office demonstration that actual emission proposing to approve enforceable of Management and Budget under levels in the SJV in 2012 were below the commitments by the SJVUAPCD to Executive Order 12866 (58 FR 51735, approved 2012 RFP milestone year monitor, assess, and report on actual (October 4, 1993); • targets and (2) identification of SIP- NOX and direct PM2.5 emission does not impose an information creditable emission reductions to be reductions achieved through its collection burden under the provisions achieved in 2015 that are not relied on implementation of specific Prop 1B and of the Paperwork Reduction Act (44 for RFP or expeditious attainment. The Carl Moyer Program grants and to U.S.C. 3501 et seq.); Contingency Measure SIP does not alter remedy any identified emission • is certified as not having a any existing emission limitation or other reduction shortfall in a timely manner. significant economic impact on a control requirement in the applicable Finalizing these proposals would substantial number of small entities correct the deficiencies that were the under the Regulatory Flexibility Act (5 32 See ibid. basis for EPA’s partial disapproval of U.S.C. 601 et seq.);

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• does not contain any unfunded SUMMARY: On August 19, 2013, the Parts 27 and 90.2 The rules at issue mandate or significantly or uniquely Public Safety and Homeland Security include power, emission, and field affect small governments, as described Bureau of the Federal Communications strength limits and interference in the Unfunded Mandates Reform Act Commission (Commission) released a coordination procedures designed to of 1995 (Pub. L. 104–4); public notice inviting public comment prevent interference to operations of • does not have Federalism on a filing submitted by the First other Commission licensees. This implications as specified in Executive Responder Network Authority (FirstNet) proposed rule consolidation is intended Order 13132 (64 FR 43255 (August 10, on August 2, 2013, in PS Docket 12–94. to ‘‘facilitate the transition’’ of spectrum 1999)); The filing addressed consolidation of to the First Responder Network • is not an economically significant technical service rules for the 758–769 Authority (FirstNet), the entity licensed regulatory action based on health or and 788–799 MHz bands, to establish a nationwide public safety safety risks subject to Executive Order DATES: Submit comments on or before broadband network using both the 13045 (62 FR 19885 (April 23, 1997)); September 4, 2013. public safety broadband spectrum (763– • is not a significant regulatory action 768/793–798 MHz) and the adjacent ‘‘D subject to Executive Order 13211 (66 FR ADDRESSES: You may submit comments, Block’’ (758–763/788–793 MHz) 28355 (May 22, 2001)); identified by PS Docket 12–94, by any previously slated for commercial • is not subject to requirements of of the following methods: auction.3 In proposing this rule Section 12(d) of the National D Federal Communications consolidation, the Commission further Technology Transfer and Advancement Commission’s Web site: http://fjallfoss. directed its Office of Engineering and Act of 1995 (15 U.S.C. 272 note) because fcc.gov/ecfs2/. Follow the instructions Technology (OET) to suspend its application of those requirements would for submitting comments. acceptance and processing of be inconsistent with the Clean Air Act; D Mail. applications for equipment and D People With Disabilities: Contact authorization in these bands pending • does not provide EPA with the the FCC to request reasonable the adoption of technical service rules discretionary authority to address accommodations (accessible format applicable to the combined band.4 disproportionate human health or documents, sign language interpreters, In its filing, FirstNet supports environmental effects with practical, CART, etc.) by email: [email protected] ‘‘consolidating the technical appropriate, and legally permissible or phone: 202–418–0530 or TTY: 202– requirements for the former D Block into methods under Executive Order 12898 418–0432. Part 90 of the Commission’s Rules’’ and (59 FR 7629 (February 16, 1994)). For detailed instructions for recommends that the Commission ‘‘act In addition, this proposed action does submitting comments and additional quickly to amend its technical service not have tribal implications as specified information on the rulemaking process, rules to enable FirstNet to expedite the by Executive Order 13175 (65 FR 67249 see the Procedural Matters section of deployment of’’ its network.’’ 5 (November 9, 2000)), because the SIP is this document. Additionally, FirstNet urges ‘‘swift not approved to apply in Indian country FOR FURTHER INFORMATION CONTACT: Commission action to begin accepting located in the State, and EPA notes that Gene Fullano, Federal Communications and processing equipment it will not impose substantial direct Commission, Public Safety and authorizations in the newly combined costs on tribal governments or preempt Homeland Security Bureau, at (202)– spectrum,’’ citing ‘‘an imminent need tribal law. 418–0492 or [email protected]; or for authorized equipment to meet the needs of jurisdictions that may deploy List of Subjects in 40 CFR Part 52 Brian Hurley, Federal Communications Commission, Public Safety and early’’ in FirstNet’s licensed spectrum Environmental protection, Air under spectrum leases. FirstNet has pollution control, Intergovernmental Homeland Security Bureau, at (202)– 418–2220 or [email protected]. already entered lease agreements with relations, Nitrogen dioxide, Particulate the Los Angeles Regional Interoperable matter, Reporting and recordkeeping SUPPLEMENTARY INFORMATION: The Communications System (LA–RICS) and requirements, Sulfur oxides. Public Safety and Homeland Security the State of New Mexico, and it has Bureau of the Federal Communications Authority: 42 U.S.C. 7401 et seq. stated its intention to execute similar Commission provides seven days for Dated: August 15, 2013. agreements with other public safety public comment on matters raised by jurisdictions in the near future.6 While Jared Blumenfeld, the First Responder Network Authority Regional Administrator, Region 9. (FirstNet) in its August 2, 2013, filing in 2 See Implementing Public Safety Broadband [FR Doc. 2013–21010 Filed 8–27–13; 8:45 am] PS Docket 12–94.1 FirstNet’s filing Provisions of the Middle Class Tax Relief and Job BILLING CODE 6560–50–P responds to a Notice of Proposed Creation Act of 2012, PS Docket No. 12–94, Notice Rulemaking (NPRM) that seeks of Proposed Rulemaking, 28 FCC Rcd 2715 (2013) (Technical Service Rules NPRM), published in the comment on, among other matters, the Federal Register April 24, 2013 (78 FR 24138). The FEDERAL COMMUNICATIONS consolidation into Part 90 of technical comment cycle closed on June 10, 2013. COMMISSION service rules for the 758–769 and 788– 3 See id. at 2716, 2721 ¶¶ 2, 17; see also 47 U.S.C. 799 MHz bands, which, heretofore, have 1424 (2012) (establishing FirstNet). FirstNet’s license also includes the 768–769/798–799 MHz 47 CFR Parts 27 and 90 been subject to regulation under both band, id. 1401(14), 1421(a), which is currently [PS Docket No. 12–94; PS Docket No. 06– designated under Commission rules as a guard band 229; and WT Docket No. 06–150; DA 13– 1 The Bureau takes this action pursuant to its separating the broadband and narrowband segments of the 700 MHz public safety spectrum. See 47 CFR 1775] delegated authority. See 47 CFR 0.392. As noted elsewhere herein, the short time frame provided by 90.531(f). this notice is warranted in light of the pressing need 4 See id. at 2725–26 ¶ 33. First Responder Network Authority recognized by FirstNet and other commenters for 5 See Comments of the First Responder Network Filing expedition on reinitiating the currently suspended Authority (FirstNet), PS Docket 12–94 at 4 (Aug. 2, equipment authorization process. Moreover, this 2013). AGENCY: Federal Communications notice follows a full NPRM comment period. 6 See National Telecommunications and Commission. Accordingly, parties should submit any new Information Administration, FirstNet Approves ACTION: Proposed rule. arguments now in order to facilitate prompt action Resolutions on Spectrum Lease Agreement with by the Commission. LA–RICS and Personnel Acquisition Strategy,

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FirstNet supports Commission action to already reflected in the presenter’s completing the transmittal screen, ‘‘expedite a process’’ for equipment written comments, memoranda or other commenters should include their full authorization to support these early filings in the proceeding, the presenter name, U.S. Postal Service mailing deployments, it cautions that ‘‘the may provide citations to such data or address, and the applicable docket or equipment market will need to evolve arguments in his or her prior comments, rulemaking number. Parties may also once the architecture for the nationwide memoranda, or other filings (specifying submit an electronic comment by public safety broadband network has the relevant page and/or paragraph Internet email. To get filing instructions been set.’’7 numbers where such data or arguments for email comments, commenters The full text of FirstNet’s filing is can be found) in lieu of summarizing should send an email to [email protected], available in PS Docket 12–94 in the them in the memorandum. Documents and should include the following words Commission’s Electronic Comment shown or given to Commission staff in the body of the message, ‘‘get form.’’ Filing System (ECFS), http:// during ex parte meetings are deemed to A sample form and directions will be apps.fcc.gov/ecfs. be written ex parte presentations and sent in reply. Procedural Matters: The proceeding must be filed consistent with rule Parties who choose to file by paper has been designated a ‘‘permit-but- 1.1206(b). In proceedings governed by must file an original and one copy of disclose’’ proceeding in accordance rule 1.49(f) or for which the each filing. If more than one docket or with the Commission’s rules.8 Persons Commission has made available a rulemaking number appears in the making ex parte presentations must file method of electronic filing, written ex caption of this proceeding, commenters a copy of any written presentation or a parte presentations and memoranda must submit two additional copies for memorandum summarizing any oral summarizing oral ex parte each additional docket or rulemaking presentation within two business days presentations, and all attachments number. after the presentation (unless a different thereto, must be filed through the Filings can be sent by hand or deadline applicable to the Sunshine electronic comment filing system messenger delivery, by commercial period applies). Persons making oral ex available for that proceeding, and must overnight courier, or by first-class or parte presentations are reminded that be filed in their native format (e.g., .doc, overnight U.S. Postal Service mail memoranda summarizing the .xml, .ppt, searchable .pdf). Participants (although we continue to experience presentation must (1) list all persons in this proceeding should familiarize delays in receiving U.S. Postal Service attending or otherwise participating in themselves with the Commission’s ex mail). All filings must be addressed to the meeting at which the ex parte parte rules. the Commission’s Secretary, Office of presentation was made, and (2) Pursuant to sections 1.415 and 1.419 the Secretary, Federal Communications summarize all data presented and of the Commission’s rules, 47 CFR Commission, as follows: arguments made during the 1.415, 1.419, interested parties may file —All hand-delivered paper filings for presentation. If the presentation comments by the date referenced above. the Commission’s Secretary must be consisted in whole or in part of the All filings should refer to PS Docket No. delivered to FCC Headquarters at 445 presentation of data or arguments 12–94. Comments may be filed: (1) 12th St. SW., Room TW–A325, Using the Commission’s Electronic Washington, DC 20554. All hand http://www.ntia.doc.gov/press-release/2013/ Comment Filing System (ECFS), or (2) deliveries must be held together with firstnet-approves-resolutions-spectrum-lease- by filing paper copies. See Electronic rubber bands or fasteners. Envelopes agreement-la-rics-and-personnel-acqu (last visited Filing of Documents in Rulemaking must be disposed of before entering Aug. 15, 2013); National Telecommunications and Proceedings, 63 FR 24121 (1998). Information Administration, FirstNet Approves the building. The filing hours at this Spectrum Lease Agreement with New Mexico; Comments filed in response to this location are 8:00 a.m. to 7:00 p.m. Provides Status Update on Remaining Projects, Public Notice will be available for Please Note: This is the only location http://www.ntia.doc.gov/press-release/2013/ public inspection and copying in the where hand-delivered or messenger- firstnet-approves-spectrum-lease-agreement-new- Commission’s Reference Center, Room delivered paper filings for the mexico-provides-status-update-rema (last visited Aug. 15, 2013). According to FirstNet the lease with CY–A257, 445 12th Street SW., Commission’s Secretary will be LA–RICS is the first such agreement between Washington, DC 20554, and via the accepted. The Commission’s former FirstNet and one of the seven public safety Commission’s Electronic Comment filing location at 236 Massachusetts Broadband Technology Opportunities Program Filing System (ECFS) by entering the Ave. NE., is permanently closed. grantees. These include: the Adams County docket number, PS Docket No. 12–94. (Colorado) Communications Center, the City of —Commercial overnight mail (other Charlotte (North Carolina), the Executive Office of Copies of the request are also available than U.S. Postal Service Express Mail the State of Mississippi, the Los Angeles Regional from Best Copy and Printing, Inc., and Priority Mail) must be sent to Interoperable Communications System Authority, telephone (800) 378–3160, facsimile 9300 East Hampton Drive, Capitol Motorola Solutions, Inc. (the Bay Area Regional (301) 816–0169, email FCC@ Interoperable Communications Systems Authority Heights, MD 20743. (BayRICS), San Francisco Bay area), the New Jersey BCPIWEB.com. —U.S. Postal Service first-class mail, Department of the Treasury, and the New Mexico Comments may be filed using the Express Mail, and Priority Mail Department of Information Technology. See id. ECFS or by filing paper copies. See should be addressed to 445 12th FirstNet is also engaged in lease negotiations with Electronic Filing of Documents in Street SW., Washington, DC 20554. the State of Texas, which holds a Special Temporary Authorization (STA) from the Rulemaking Proceedings, 63 FR 24121 —All filings must be addressed to the Commission to pursue early deployment in the (1998). Comments filed through the Commission’s Secretary, Office of the band of a public safety network that ‘‘support[s] ECFS can be sent as an electronic file Secretary, Federal Communications specific public safety needs.’’ See Implementing via the Internet to http://www.fcc.gov/ Commission. Provisions of the Middle Class Tax Relief and Job Creation Act of 2012, PS Docket 12–94, Order, DA cgb/ecfs/. Generally, only one copy of Parties are requested to send one copy 13–319 at 2 ¶ 5(PSHSB 2013). The Commission an electronic submission must be filed. of their comments and reply comments granted this STA for ‘‘limited deployment’’ of a If multiple docket or rulemaking to Best Copy and Printing, Inc., Portals public safety broadband network within Harris numbers appear in the caption of this II, 445 12th Street SW., Room CY–B402, County, Texas, ‘‘as FirstNet prepares to commence its nationwide deployment.’’ Id. at 1 ¶ 2 proceeding, however, commenters must Washington, DC 20554, (800) 378–3160, 7 Comments of FirstNet at 3. transmit one electronic copy of the email [email protected]. 8 See Technical Service Rules NPRM, 28 FCC Rcd comments to each docket or rulemaking Alternate formats of this Public Notice at 2733–34 ¶ 62. number referenced in the caption. In (computer diskette, large print, audio

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recording, and Braille) are available to 418–0432 (TTY), or send an email to Federal Communications Commission. persons with disabilities by contacting [email protected]. Lisa M. Fowlkes, the Consumer & Governmental Affairs Deputy Chief, Public Safety and Homeland Bureau at (202) 418–0530 (voice), (202) Security Bureau. [FR Doc. 2013–21040 Filed 8–27–13; 8:45 am] BILLING CODE 6712–01–P

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Notices Federal Register Vol. 78, No. 167

Wednesday, August 28, 2013

This section of the FEDERAL REGISTER between 8:00 a.m. and 8:00 p.m., amended (19 U.S.C. 81a–81u), and the contains documents other than rules or Eastern Standard Time, Monday regulations of the Board (15 CFR part proposed rules that are applicable to the through Friday. 400). It was formally docketed on public. Notices of hearings and investigations, SUPPLEMENTARY INFORMATION: Persons August 22, 2013. The applicant is committee meetings, agency decisions and authorized to make the proposal under rulings, delegations of authority, filing of who wish to bring related matters to the petitions and applications and agency attention of the Committee may file Chapter 190, Laws of New York 2013, statements of organization and functions are written statements with the Committee Section 224–28. examples of documents appearing in this staff before or after the meeting. Written The proposed zone would be the third section. comments should be sent to Michael T. zone for the Rochester CBP port of Esters, Designated Federal Officer, entry. The existing zones are as follows: Bienville Ranger District Office, 3473 FTZ 141, Monroe County (Grantee: DEPARTMENT OF AGRICULTURE Hwy 35 South, Forest, Mississippi County of Monroe, Board Order 355, 39074. Comments may also be sent via April 2, 1987); and, FTZ 284, Genesee Forest Service email to [email protected], or via County (Grantee: Genesee Gateway facsimile to 601–469–2513. Local Development Corporation, Board Delta-Bienville Resource Advisory Meeting Accommodations: If you are Order 1865, December 4, 2012). Committee a person requiring reasonable The applicant’s proposed service area AGENCY: Forest Service, USDA. accommodation, please make requests under the ASF would be Ontario, ACTION: Notice of meeting. Date change. in advance for sign language Wayne, Seneca, Yates, Steuben and interpreting, assistive listening devices Livingston Counties, New York. If SUMMARY: The Delta-Bienville Resource or other reasonable accommodation for approved, the applicant would be able Advisory Committee (RAC) will meet in access to the facility or proceedings by to serve sites throughout the service area Forest, Mississippi. The committee is contacting the person listed in the based on companies’ needs for FTZ meeting as authorized under the Secure section titled FOR FURTHER INFORMATION designation. The proposed service area Rural Schools and Community Self- CONTACT. All reasonable is adjacent to the Rochester Customs Determination Act (Pub. L. 110–343) accommodation requests are managed and Border Protection port of entry. and in compliance with the Federal on a case by case basis. The applicant is requesting approval Advisory Committee Act. The purpose Dated: August 22, 2013. of an initial subzone for Crosman of the meeting is to present proposed Christopher Locke, Corporation under the ASF with the projects for discussion and approval. Acting District Ranger. following sites: Proposed Site 1 (49.69 DATES: The meeting date previously [FR Doc. 2013–20963 Filed 8–27–13; 8:45 am] acres)—7629 Routes 5 & 20, Bloomfield, published in the Federal Register on Ontario County; and, Proposed Site 2 BILLING CODE 3410–11–P August 9, 2013 is being changed and (4.41 acres) 1360 County Road #8, will be held September 23, 2013, at 6:00 Farmington, Ontario County. Specific p.m.; with an alternate date of production approvals are not being DEPARTMENT OF COMMERCE September 24, 2013, at 6 p.m. sought at this time. Such requests would ADDRESSES: The meeting will be held at Foreign-Trade Zones Board be made to the FTZ Board on a case-by- the Bienville Ranger District Work case basis. Center, Hwy 501 South, 935A South [B–80–2013] In accordance with the FTZ Board’s Raleigh Street, Forest, Mississippi. To regulations, Elizabeth Whiteman of the Proposed Foreign-Trade Zone— verify date of meeting, please contact Ontario County, New York Under FTZ Staff is designated examiner to the RAC Coordinator listed in For Alternative Site Framework evaluate and analyze the facts and Further Information Contact. Written information presented in the application comments may be submitted as An application has been submitted to and case record and to report findings described under Supplementary the Foreign-Trade Zones (FTZ) Board by and recommendations to the FTZ Board. Information. All comments, including Ontario County, New York, to establish Public comment is invited from names and addresses, when provided, a foreign-trade zone in Ontario County, interested parties. Submissions shall be are placed in the record and are adjacent to the Rochester CBP port of addressed to the FTZ Board’s Executive available for public inspection and entry, under the alternative site Secretary at the address below. The copying. The public may inspect framework (ASF) adopted by the FTZ closing period for their receipt is comments received at Bienville Ranger Board (15 CFR 400.2(c)). The ASF is an October 28, 2013. Rebuttal comments in District Office. Visitors are encouraged option for grantees for the establishment response to material submitted during to call ahead to facilitate entry into the or reorganization of zones and can the foregoing period may be submitted building. permit significantly greater flexibility in during the subsequent 15-day period to FOR FURTHER INFORMATION CONTACT: the designation of new ‘‘subzones’’ or November 12, 2013. Nefisia Kittrell, RAC Coordinator, at ‘‘usage-driven’’ FTZ sites for operators/ A copy of the application will be 601–469–3811 or via email at nkittrell@ users located within a grantee’s ‘‘service available for public inspection at the fs.fed.us. area’’ in the context of the FTZ Board’s Office of the Executive Secretary, Individuals who use standard 2,000-acre activation limit for Foreign-Trade Zones Board, Room telecommunication devices for the deaf a zone project. The application was 21013, U.S. Department of Commerce, (TDD) may call the Federal Information submitted pursuant to the provisions of 1401 Constitution Avenue NW., Relay Service (FIRS) at 1–800–877–8339 the Foreign-Trade Zones Act, as Washington, DC 20230–0002, and in the

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‘‘Reading Room’’ section of the FTZ electronically at http:// Department will not collapse companies Board’s Web site, which is accessible iaaccess.trade.gov in accordance with for purposes of respondent selection. via www.trade.gov/ftz. 19 CFR 351.303. See Antidumping and Parties are requested to (a) identify FOR FURTHER INFORMATION CONTACT: Countervailing Duty Proceedings: which companies subject to review Elizabeth Whiteman at Electronic Filing Procedures; previously were collapsed, and (b) [email protected] or (202) Administrative Protective Order provide a citation to the proceeding in 482–0473. Procedures, 76 FR 39263 (July 6, 2011). which they were collapsed. Further, if Such submissions are subject to companies are requested to complete Dated: August 22, 2013. verification in accordance with section the Quantity and Value Questionnaire Andrew McGilvray, 782(i) of the Tariff Act of 1930, as for purposes of respondent selection, in Executive Secretary. amended (‘‘Act’’). Further, in general each company must report [FR Doc. 2013–21030 Filed 8–27–13; 8:45 am] accordance with 19 CFR 351.303(f)(1)(i), volume and value data separately for BILLING CODE 3510–DS–P a copy must be served on every party on itself. Parties should not include data the Department’s service list. for any other party, even if they believe they should be treated as a single entity Respondent Selection DEPARTMENT OF COMMERCE with that other party. If a company was In the event the Department limits the collapsed with another company or International Trade Administration number of respondents for individual companies in the most recently examination for administrative reviews, completed segment of this proceeding Initiation of Antidumping and the Department intends to select where the Department considered Countervailing Duty Administrative respondents based on U.S. Customs and collapsing that entity, complete quantity Reviews and Request for Revocation Border Protection (‘‘CBP’’) data for U.S. and value data for that collapsed entity in Part imports during the POR. We intend to must be submitted. AGENCY: Import Administration, release the CBP data under Administrative Protective Order Deadline for Withdrawal of Request for International Trade Administration, Administrative Review Department of Commerce. (‘‘APO’’) to all parties having an APO SUMMARY: The Department of Commerce within seven days of publication of this Pursuant to 19 CFR 351.213(d)(1), a (‘‘the Department’’) has received initiation notice and to make our party that has requested a review may requests to conduct administrative decision regarding respondent selection withdraw that request within 90 days of reviews of various antidumping and within 21 days of publication of this the date of publication of the notice of countervailing duty orders and findings Federal Register notice. The initiation of the requested review. The with July anniversary dates. In Department invites comments regarding regulation provides that the Department accordance with the Department’s the CBP data and respondent selection may extend this time if it is reasonable regulations, we are initiating those within five days of placement of the to do so. In order to provide parties administrative reviews. CBP data on the record of the applicable additional certainty with respect to review. when the Department will exercise its DATES: Effective August 28, 2013. In the event the Department decides discretion to extend this 90-day FOR FURTHER INFORMATION CONTACT: it is necessary to limit individual deadline, interested parties are advised Brenda E. Waters, Office of AD/CVD examination of respondents and that the Department does not intend to Operations, Customs Unit, Import conduct respondent selection under extend the 90-day deadline unless the Administration, International Trade section 777A(c)(2) of the Act: requestor demonstrates that an Administration, U.S. Department of In general, the Department has found extraordinary circumstance has Commerce, 14th Street and Constitution that determinations concerning whether prevented it from submitting a timely Avenue NW., Washington, DC 20230, particular companies should be withdrawal request. Determinations by telephone: (202) 482–4735. ‘‘collapsed’’ (i.e., treated as a single the Department to extend the 90-day SUPPLEMENTARY INFORMATION: entity for purposes of calculating deadline will be made on a case-by-case antidumping duty rates) require a basis. Background substantial amount of detailed The Department has received timely information and analysis, which often Separate Rates requests, in accordance with 19 CFR require follow-up questions and In proceedings involving non-market 351.213(b), for administrative reviews of analysis. Accordingly, the Department economy (‘‘NME’’) countries, the various antidumping and countervailing will not conduct collapsing analyses at Department begins with a rebuttable duty orders and findings with July the respondent selection phase of this presumption that all companies within anniversary dates. review and will not collapse companies the country are subject to government All deadlines for the submission of at the respondent selection phase unless control and, thus, should be assigned a various types of information, there has been a determination to single antidumping duty deposit rate. It certifications, or comments or actions by collapse certain companies in a is the Department’s policy to assign all the Department discussed below refer to previous segment of this antidumping exporters of merchandise subject to an the number of calendar days from the proceeding (i.e., investigation, administrative review in an NME applicable starting time. administrative review, new shipper country this single rate unless an review, or changed circumstances exporter can demonstrate that it is Notice of No Sales review). For any company subject to this sufficiently independent so as to be If a producer or exporter named in review, if the Department determined, entitled to a separate rate. this notice of initiation had no exports, or continued to treat, that company as To establish whether a firm is sales, or entries during the period of collapsed with others, the Department sufficiently independent from review (‘‘POR’’), it must notify the will assume that such companies government control of its export Department within 60 days of continue to operate in the same manner activities to be entitled to a separate publication of this notice in the Federal and will collapse them for respondent rate, the Department analyzes each Register. All submissions must be filed selection purposes. Otherwise, the entity exporting the subject

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merchandise under a test arising from notice. In responding to the publication of this Federal Register the Final Determination of Sales at Less certification, please follow the notice. In responding to the Separate Than Fair Value: Sparklers from the ‘‘Instructions for Filing the Rate Status Application, refer to the People’s Republic of China, 56 FR 20588 Certification’’ in the Separate Rate instructions contained in the (May 6, 1991), as amplified by Final Certification. Separate Rate application. Separate Rate Status Determination of Sales at Less Than Certifications are due to the Department Applications are due to the Department Fair Value: Silicon Carbide from the no later than 60 calendar days after no later than 60 calendar days of People’s Republic of China, 59 FR 22585 publication of this Federal Register publication of this Federal Register (May 2, 1994). In accordance with the notice. The deadline and requirement notice. The deadline and requirement separate rates criteria, the Department for submitting a Certification applies for submitting a Separate Rate Status assigns separate rates to companies in equally to NME-owned firms, wholly Application applies equally to NME- NME cases only if respondents can foreign-owned firms, and foreign sellers owned firms, wholly foreign-owned demonstrate the absence of both de jure who purchase and export subject firms, and foreign sellers that purchase and de facto government control over merchandise to the United States. and export subject merchandise to the export activities. Entities that currently do not have a United States. All firms listed below that wish to separate rate from a completed segment qualify for separate rate status in the of the proceeding 1 should timely file a For exporters and producers who administrative reviews involving NME Separate Rate Application to submit a separate-rate status application countries must complete, as demonstrate eligibility for a separate or certification and subsequently are appropriate, either a separate rate rate in this proceeding. In addition, selected as mandatory respondents, application or certification, as described companies that received a separate rate these exporters and producers will no below. For these administrative reviews, in a completed segment of the longer be eligible for separate rate status in order to demonstrate separate rate proceeding that have subsequently unless they respond to all parts of the eligibility, the Department requires made changes, including, but not questionnaire as mandatory entities for whom a review was limited to, changes to corporate respondents. requested, that were assigned a separate structure, acquisitions of new Initiation of Reviews rate in the most recent segment of this companies or facilities, or changes to proceeding in which they participated, their official company name,2 should In accordance with 19 CFR to certify that they continue to meet the timely file a Separate Rate Application 351.221(c)(1)(i), we are initiating criteria for obtaining a separate rate. The to demonstrate eligibility for a separate administrative reviews of the following Separate Rate Certification form will be rate in this proceeding. The Separate antidumping and countervailing duty available on the Department’s Web site Rate Status Application will be orders and findings. We intend to issue at http://www.trade.gov/ia on the date of available on the Department’s Web site the final results of these reviews not publication of this Federal Register at http://www.trade.gov/ia on the date of later than July 30, 2014.

Period to be reviewed

Antidumping Duty Proceedings Finland: Purified Carboxymethylcellulose A–405–803 ...... 7/1/12–6/30/13 CP Kelco Oy India: Polyethylene Terephthalate (PET) Film A–533–824 ...... 7/1/12–6/30/13 Ester Industries Ltd Garware Polyester Ltd Jindal Poly Films Limited of India MTZ Polyesters Ltd Polyplex Corporation Ltd SRF Ltd Uflex Limited Vacmet Italy: Certain Pasta A–475–818 ...... 7/1/12–6/30/13 Alica srl Dalla Costa Alimentare srl Delverde Industrie Alimentari S.p.A Ghigi Industria Agroalimentare in San Clemente srl Molino e Pastificio Tomasello S.p.A Pasta Lensi S.r.l Pasta Zara S.p.A Pastificio Toscano srl Rummo S.p.A. Molino e Pastificio Valdigrano di Flavio Pagani S.r.L Russian Federation: Solid Urea A–821–801 ...... 7/1/12–6/30/13 MCC EuroChem Spain: Chlorinated Isocyanurates 3 A–469–814 ...... 6/1/12–5/31/13 Ercros, S.A Taiwan: Polyethylene Terephthalate (PET) Film A–583–837 ...... 7/1/12–6/30/13 Nan Ya Plastics Corporation

1 Such entities include entities that have not shipper review, etc.) and entities that lost their 2 Only changes to the official company name, participated in the proceeding, entities that were separate rate in the most recently completed rather than trade names, need to be addressed via preliminarily granted a separate rate in any segment of the proceeding in which they a Separate Rate Application. Information regarding currently incomplete segment of the proceeding participated. new trade names may be submitted via a Separate (e.g., an ongoing administrative review, new Rate Certification.

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Period to be eviewed

Shinkong Materials Technology Corporation The Netherlands: Purified Carboxymethylcellulose A–421–811 ...... 7/1/12–6/30/13 Akzo Nobel Functional Chemicals B.V The People’s Republic of China: Certain Steel Grating 4 A–570–947 ...... 7/1/12–6/30/13 Anping Jinyuan Metal Anping Jinyuan Metal Co., Ltd Comtrust Metal & Ware Mesh Products Co. Ltd Comtrust Metal Wire Mesh Product Factory Dalian AW Gratings Dalian AW Gratings, Ltd Fujian Youxi Best Arts & Crafts Co., Ltd Guangzhou Webforge Guangzhou Webforge Grating Co., Ltd Hebei Jinshi Industrial Metal Hebei Jinshi Industrial Metal Co., Ltd Jiashan Qilimei Grating Jiashan Qilmei Grating Co., Ltd Kingjoy Building Decorative Materials Co Ltd Ningbo Haitian International Co., Ltd Ningbo Jiulong Machinery Manufacturing Co., Ltd Ningbo Lihong Steel Grating Co., Ltd Ningbo Zhenhai Jiulong Electronic Equipment Factory Shanghai Shenhao Steel Structure Designing Shanghai Shenhao Steel Structure Designing Co., Ltd Shanghai DAHE Grating Co., Ltd Sinosteel Yantai Steel Grating Co., Ltd Tianchang Flying-Dragon Metallic Products Tianchang Flying-Dragon Metallic Products Co., Ltd Qing Auging Mechancial Xinxing Grating Factory Yantai Hercules Metal Ltd Yantai Xinke Steel Structure Co., Ltd Zhejian Hengzhou Steel Grating Zhejian Hengzhou Steel Grating Co., Ltd The People’s Republic of China: Certain Steel Threaded Rod 56 A–570–932 ...... 4/1/12–3/31/13 The People’s Republic of China: Circular Welded Carbon Quality Steel Pipe 7 A–570–910 ...... 7/1/12–6/30/13 Baoshan Iron & Steel Co., Ltd Beijing Jia Mei AO Trading Co., Ltd Beijing Jinghua Global Trading Co., Ltd Benxi Northern Steel Pipes, Co. Ltd CNOOC Kingland Pipeline Co., Ltd ETCO (China) International Trading Co., Ltd Guangzhou Juyi Steel Pipe Co., Ltd Huludao City Steel Pipe Industrial Jiangsu Changbao Steel Tube Co., Ltd Jiangsu Yulong Steel Pipe Co., Ltd Liaoning Northern Steel Pipe Co., Ltd Pangang Chengdu Group Iron & Steel Co., Ltd Shanghai Zhongyou TIPO Steel Pipe Co., Ltd Tianjin Haoyou Industry Trade Co., Ltd Tianjin Baolai International Trade Co., Ltd Tianjin Longshenghua Import & Export Tianjin Shuangjie Steel Pipe Co., Ltd Weifang East Steel Pipe Co., Ltd WISCO & CRM Wuhan Materials & Trade Zhejiang Kingland Pipeline Industry Co., Ltd. Countervailing Duty Proceedings India: Polyethylene Terephthalate (PET) Film C–533–825 ...... 1/1/12–12/31/12 Ester Industries Ltd Garware Polyester Ltd Jindal Poly Films Limited of India MTZ Polyesters Ltd Polyplex Corporation Ltd SRF Ltd Uflex Limited Vacmet Italy: Certain Pasta C–475–819 ...... 1/1/12–12/31/12 DeMatteis Agroalimentare S.p.A Delverde Industrie Alimentari S.p.A Fratelli DeCecco di Filippo Fara San Martino S.p.A Ghigi Industria Agroalimentare in San Clemente srl Pasta Granoro S.r.L. aka Pastifico Attilio Mastromauro Granoro S.r.L

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Period to be eviewed

Valdigrano di Flavio Pagani S.r.L The People’s Republic of China: Circular Welded Carbon Quality Steel Pipe C–570–911 ...... 1/1/12–12/31/12 Baoshan Iron & Steel Co., Ltd Beijing Jia Mei AO Tading Co., Ltd Beijing Jinghua Global Trading Co Benxi Northern Steel Pipes, Co. Ltd CNOOC Kingland Pipeline Co., Ltd ETCO (China) International Trading Co., Ltd Guangzhou Juyi Steel Pipe Co., Ltd Huludao City Steel Pipe Industrial Jiangsu Changbao Steel Tube Co., Ltd Jiangsu Yulong Steel Pipe Co., Ltd Liaoning Northern Steel Pipe Co., Ltd Pangang Chengdu Group Iron & Steel Co., Ltd Shanghai Zhongyou TIPO Steel Pipe Co., Ltd Tianjin Haoyou Industry Trade Co Tianjin Longshenghua Import & Export Tianjin Shuangjie Steel Pipe Co., Ltd Weifang East Steel Pipe Co., Ltd WISCO & CRM Wuhan Materials & Trade Zhejiang Kingland Pipeline Industry Co., Ltd.

Suspension Agreements review), the Secretary, if requested by a Revised Factual Information None domestic interested party within 30 Requirements days of the date of publication of the On April 10, 2013, the Department During any administrative review notice of initiation of the review, will published Definition of Factual covering all or part of a period falling determine, consistent with FAG Italia v. Information and Time Limits for between the first and second or third United States, 291 F.3d 806 (Fed Cir. Submission of Factual Information: and fourth anniversary of the 2002), as appropriate, whether Final Rule, 78 FR 21246 (April 10, publication of an antidumping duty antidumping duties have been absorbed 2013), which modified two regulations order under 19 CFR 351.211 or a by an exporter or producer subject to the related to antidumping and determination under 19 CFR review if the subject merchandise is countervailing duty proceedings: The 351.218(f)(4) to continue an order or sold in the United States through an definition of factual information (19 suspended investigation (after sunset importer that is affiliated with such CFR 351.102(b)(21)), and the time limits exporter or producer. The request must for the submission of factual 3 The company name listed above was misspelled include the name(s) of the exporter or information (19 CFR 351.301). The final in the initiation notice that published on August 1, 2013 (78 FR 46566). The correct spelling of the producer for which the inquiry is rule identifies five categories of factual company is listed in this notice. requested. information in 19 CFR 351.102(b)(21), 4 If one of the above-named companies does not For the first administrative review of which are summarized as follows: (i) qualify for a separate rate, all other exporters of any order, there will be no assessment Evidence submitted in response to Certain Steel Grating from the PRC who have not questionnaires; (ii) evidence submitted qualified for a separate rate are deemed to be of antidumping or countervailing duties in support of allegations; (iii) publicly covered by this review as part of the single PRC on entries of subject merchandise entity of which the named exporters are a part. available information to value factors entered, or withdrawn from warehouse, 5 If one of the above-named companies does not under 19 CFR 351.408(c) or to measure for consumption during the relevant qualify for a separate rate, all other exporters of the adequacy of remuneration under 19 Certain Steel Threaded Rod the PRC who have not provisional-measures ‘‘gap’’ period, of CFR 351.511(a)(2); (iv) evidence placed qualified for a separate rate are deemed to be the order, if such a gap period is covered by this review as part of the single PRC on the record by the Department; and (v) applicable to the POR. entity of which the named exporters are a part. evidence other than factual information 6 In the initiation that published on June 3, 2013 Interested parties must submit described in (i)–(iv). The final rule (78 FR 33052) the Department incorrectly identified that administrative reviews were initiated on the applications for disclosure under requires any party, when submitting antidumping duty order of Certain Steel Threaded administrative protective orders in factual information, to specify under Rod from the PRC for the following companies: (1) accordance with 19 CFR 351.305. On which subsection of 19 CFR China Jiangsu International Economic Technical January 22, 2008, the Department Cooperation Corporation; (2) Ningbo Baoli 351.102(b)(21) the information is being Machinery Manufacture Co., Ltd.; and (3) Shanghai published Antidumping and submitted and, if the information is P&J International Trading Co., Ltd. The Department Countervailing Duty Proceedings: submitted to rebut, clarify, or correct is now correcting that notice: The Department is Documents Submission Procedures; factual information already on the initiating administrative reviews on the antidumping duty order of Certain Steel Threaded APO Procedures, 73 FR 3634 (January record, to provide an explanation Rod from the PRC for the following companies: (1) 22, 2008). Those procedures apply to identifying the information already on China Friendly Nation Hardware Technology administrative reviews included in this the record that the factual information Limited; and (2) Orient International Holding notice of initiation. Parties wishing to Shanghai Rongheng Intl Trading Co. Ltd. seeks to rebut, clarify, or correct. The 7 If one of the above-named companies does not participate in any of these final rule also modified 19 CFR 351.301 qualify for a separate rate, all other exporters of administrative reviews should ensure so that, rather than providing general Circular Welded Carbon Quality Steel Pipe from the that the meet the requirements of these time limits, there are specific time limits PRC who have not qualified for a separate rate are procedures (e.g., the filing of separate based on the type of factual information deemed to be covered by this review as part of the single PRC entity of which the named exporters are letters of appearance as discussed at 19 being submitted. These modifications a part. CFR 351.103(d)). are effective for all segments initiated on

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or after May 10, 2013. Please review the DEPARTMENT OF COMMERCE Dated: August 23, 2013. final rule, available at http:// Tracey L. Thompson, ia.ita.doc.gov/frn/2013/1304frn/2013- National Oceanic and Atmospheric Acting Deputy Director, Office of Sustainable 08227.txt, prior to submitting factual Administration Fisheries, National Marine Fisheries Service. information in this segment. RIN 0648–XC797 [FR Doc. 2013–20987 Filed 8–27–13; 8:45 am] Any party submitting factual BILLING CODE 3510–22–P information in an antidumping duty or Mid-Atlantic Fishery Management Council (MAFMC); Meeting; Correction countervailing duty proceeding must DEPARTMENT OF DEFENSE certify to the accuracy and completeness AGENCY: National Marine Fisheries of that information. See section 782(b) Service (NMFS), National Oceanic and Office of the Secretary of the Act. Parties are hereby reminded Atmospheric Administration (NOAA), that revised certification requirements Commerce. [Docket ID DoD–2013–OS–0119] are in effect for company/government ACTION: Notice of public meeting; Submission for OMB Review; officials as well as their representatives. correction. Comment Request Ongoing segments of any antidumping duty or countervailing duty proceedings SUMMARY: The Mid-Atlantic Fishery ACTION: Notice. initiated on or after March 14, 2011 Management Council’s Spiny Dogfish should use the formats for the revised Advisory Panel (AP) will meet to SUMMARY: The Department of Defense certifications provided at the end of the develop a Fishery Performance Report has submitted to OMB for clearance, the Interim Final Rule. See Certification of for the Spiny Dogfish fishery in following proposal for collection of preparation for the Council and the information under the provisions of the Factual Information to Import Council’s Scientific and Statistical Paperwork Reduction Act (44 U.S.C. Administration During Antidumping Committee review of specifications that Chapter 35). and Countervailing Duty Proceedings: have been set for the 2014 fishing year. DATES: Consideration will be given to all Interim Final Rule, 76 FR 7491 The meeting date and time are being comments received by September 27, (February 10, 2011) (‘‘Interim Final corrected in this document. All other 2013. Rule’’), amending 19 CFR 351.303(g)(1) information previously-published is and (2); Certification of Factual FOR FURTHER INFORMATION CONTACT: Fred repeated here. Licari, 571–372–0493. Information to Import Administration DATES: Tuesday, September 10, 2013 at SUPPLEMENTARY INFORMATION: Title, during Antidumping and Countervailing 1 p.m. until 4 p.m. Duty Proceedings: Supplemental Interim Associated Form and OMB Number: ADDRESSES: The meeting will be held Final Rule, 76 FR 54697 (September 2, National Geospatial-Intelligence Agency via Webinar with a listening station also Enterprise Workforce System; OMB 2011). All segments of any antidumping available at the Council Address below. duty or countervailing duty proceedings Control Number 0704–TBD. Webinar link: http:// Type of Request: New Collection. initiated on or after August 16, 2013, mafmc.adobeconnect.com/dogfish/ Number of Respondents: 12,000. should use the formats for the revised Council Address: Mid-Atlantic Fishery Responses per Respondent: 1. certifications provided at the end of the Management Council, 800 N. State Annual Responses: 12,000. Final Rule. See Certification of Factual Street, Suite 201, Dover, DE 19901; Average Burden per Response: 30 Information To Import Administration telephone: (302) 674–2331. minutes. Annual Burden Hours: 6,000. During Antidumping and FOR FURTHER INFORMATION CONTACT: Needs and Uses: The information Countervailing Duty Proceedings, 78 FR Christopher M. Moore Ph.D., Executive collection requirement is necessary to 42678 (July 17, 2013) (‘‘Final Rule’’); see Director, Mid-Atlantic Fishery maintain and disseminate employee also the frequently asked questions Management Council, 800 N. State information to facilitate a variety of regarding the Final Rule, available at Street, Suite 201, Dover, DE 19901; NGA’s mission-related duties, including http://ia.ita.doc.gov/tlei/notices/ telephone: (302) 526–5255. activities related to administrative factual_info_final_rule_FAQ_ SUPPLEMENTARY INFORMATION: The matters, account creation, operations 07172013.pdf. The Department intends original notice published at 78 FR support, access controls, workforce to reject factual submissions in any 48421, August 8, 2013, and the security, training records, expertise, proceeding segments if the submitting correction to the meeting time competency management, polygraph party does not comply with applicable published at 78 FR 52135, August 22, information, drug, vision and medical revised certification requirements. 2013. This document corrects the test results, Federal reporting These initiations and this notice are meeting time and date. The Advisory requirements, and domestic and in accordance with section 751(a) of the Panel will develop a Fishery international counterintelligence. Act (19 USC 1675(a)) and 19 CFR Performance Report for consideration by Affected Public: Individuals or 351.221(c)(1)(i). the Council and the Council’s SSC as households. they review spiny dogfish management Frequency: On occasion. Dated: August 21, 2013. measures established for the 2014 Respondent’s Obligation: Required to Gary Taverman, fishing year. Obtain or Retain Benefits. OMB Desk Officer: Ms. Jasmeet Senior Advisor for Antidumping and Special Accommodations: Countervailing Duty Operations. Seehra. [FR Doc. 2013–21022 Filed 8–27–13; 8:45 am] The meeting is physically accessible Written comments and to people with disabilities. Requests for recommendations on the proposed BILLING CODE 3510–DS–P sign language interpretation or other information collection should be sent to auxiliary aids should be directed to M. Ms. Jasmeet Seehra at the Office of Jan Saunders at the Mid-Atlantic Management and Budget, Desk Officer Council Office (302) 526–5251 at least for DoD, Room 10236, New Executive five days prior to the meeting date. Office Building, Washington, DC 20503.

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You may also submit comments, Officer, National Commission on the Written Comments: Pursuant to 41 identified by docket number and title, Structure of the Air Force, 1950 Defense CFR 102–3.105(j) and 102–3.140 and by the following method: Pentagon, Room 3A874, Washington, section 10(a)(3) of the FACA, the public • Federal eRulemaking Portal: http:// DC 20301–1950. Email: or interested organizations may submit www.regulations.gov. Follow the [email protected]. Desk (703) written comments to the Commission in instructions for submitting comments. 545–9113. Facsimile (703) 692–5625. response to the stated agenda of the Instructions: All submissions received SUPPLEMENTARY INFORMATION: Purpose of open meeting or the Commission’s must include the agency name, docket Meeting: The members of the mission. The Designated Federal Officer number and title for this Federal Commission will hear testimony from (DFO) will review all submitted written Register document. The general policy individual witnesses and then will statements. Written comments should for comments and other submissions discuss the information presented at the be submitted to Mrs. Marcia Moore, from members of the public is to make hearings. DFO, via facsimile or electronic mail, these submissions available for public the preferred modes of submission. Each Agenda viewing on the Internet at http:// page of the comment must include the www.regulations.gov as they are On September 14, 2013, a subset of author’s name, title or affiliation, received without change, including any members from the Commission will tour address, and daytime phone number. personal identifiers or contact units located at Selfridge Air National All contact information may be found in information. Guard Base. the FOR FURTHER INFORMATION CONTACT DOD Clearance Officer: Ms. Patricia The hearing and meeting on Saturday section. Toppings. September 14, 2013 is expected to Oral Comments: In addition to written Written requests for copies of the include representatives from the statements, one hour will be reserved information collection proposal should Michigan Governor’s office, local U.S. for individuals or interested groups to be sent to Ms. Toppings at WHS/ESD Air Force and Michigan National Guard address the Commission on Saturday, Information Management Division, 4800 leadership who have been asked to September 14, 2013. Interested oral Mark Center Drive, East Tower, Suite testify and address the evaluation commenters must summarize their oral 02G09, Alexandria, VA 22350–3100. factors under consideration by the statement in writing and submit with Commission for a U.S. Air Force their registration. The Commission’s Dated: August 23, 2013. structure that—(a) Meets current and staff will assign time to oral commenters Aaron Siegel, anticipated requirements of the at the meeting, for no more than 5 Alternate OSD Federal Register Liaison combatant commands; (b) achieves an minutes each. While requests to make Officer, Department of Defense. appropriate balance between the regular an oral presentation to the Commission [FR Doc. 2013–21003 Filed 8–27–13; 8:45 am] and reserve components of the Air will be honored on a first come, first BILLING CODE 5001–06–P Force, taking advantage of the unique served basis, other opportunities for oral strengths and capabilities of each; (c) comments will be provided at future ensures that the regular and reserve meetings. DEPARTMENT OF DEFENSE components of the Air Force have the Registration: Individuals who wish to capacity needed to support current and attend the public hearing and meeting Office of the Secretary anticipated homeland defense and on Saturday, September 14, 2013 are Meeting of the National Commission disaster assistance missions in the encouraged to register for the event in on the Structure of the Air Force United States; (d) provides for sufficient advance with the Designated Federal numbers of regular members of the Air Officer, using the electronic mail and AGENCY: Director of Administration and Force to provide a base of trained facsimile contact information found in Management, DoD. personnel from which the personnel of the FOR FURTHER INFORMATION CONTACT ACTION: Notice of Advisory Committee the reserve components of the Air Force section. The communication should Meeting. could be recruited; (e) maintains a include the registrant’s full name, title, peacetime rotation force to support affiliation or employer, email address, SUMMARY: Under the provisions of the operational tempo goals of 1:2 for and daytime phone number. If Federal Advisory Committee Act regular members of the Air Forces and applicable, include written comments (FACA) of 1972 (5 U.S.C., Appendix, as 1:5 for members of the reserve and a request to speak during the oral amended), the Government in the components of the Air Force; and (f) comment session. (Oral comment Sunshine Act of 1976 (5 U.S.C. 552b, as maximizes and appropriately balances requests must be accompanied by a amended), and 41 CFR 102–3.150, the affordability, efficiency, effectiveness, summary of your presentation.) Department of Defense (DoD) announces capability, and readiness. Individual Registrations and written comments that the following Federal advisory Commissioners will also report their must be typed. activities, information collection, and committee meeting of the National Background Commission on the Structure of the Air analyses to the full Commission. Force (‘‘the Commission’’) will take Meeting Accessibility: Pursuant to 5 The National Commission on the place. U.S.C. 552b, as amended, and 41 CFR Structure of the Air Force was 102–3.140 through 102–3.165, and the established by the National Defense DATES: Date of Open Meeting, including availability of space, the meeting is Authorization Act for Fiscal Year 2013 Hearing and Commission Discussion: open to the public. The building is fully (Pub. L. 112–239). The Department of Saturday, September 14, 2013, from 1:00 handicap accessible. Several public Defense sponsor for the Commission is p.m. to 5:00 p.m. Registration will begin parking facilities are nearby. the Director of Administration and at 12:30 p.m. Photography and videography is Management, Office of the Secretary of ADDRESSES: Chesterfield Township permitted, but must be previously Defense. The Commission is tasked to Meeting Room, 47275 Sugarbush Road, arranged through: Penny Carroll, 127th submit a report, containing a Chesterfield, MI, 48047. Wing Chief, Public Affairs, 29553 comprehensive study and FOR FURTHER INFORMATION CONTACT: Mrs. George Avenue, Selfridge ANGB, MI recommendations, by February 1, 2014 Marcia Moore, Designated Federal 48045, (586) 239–5576. to the President of the United States and

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the Congressional defense committees. • Mail: Federal Docket Management DEPARTMENT OF DEFENSE The report will contain a detailed System Office, 4800 Mark Center Drive, statement of the findings and East Tower, Suite 02G09, Alexandria, Department of the Army conclusions of the Commission, together VA 22350–3100. [Docket ID USA–2013–0020] with its recommendations for such Instructions: All submissions received legislation and administrative actions it must include the agency name, docket Submission for OMB Review; may consider appropriate in light of the number and title for this Federal Comment Request results of the study. The comprehensive Register document. The general policy study of the structure of the U.S. Air for comments and other submissions ACTION: Notice. Force will determine whether, and how, from members of the public is to make SUMMARY: The Department of Defense the structure should be modified to best these submissions available for public has submitted to OMB for clearance, the fulfill current and anticipated mission viewing on the Internet at http:// following proposal for collection of requirements for the U.S. Air Force in www.regulations.gov as they are information under the provisions of the a manner consistent with available received without change, including any Paperwork Reduction Act (44 U.S.C. resources. personal identifiers or contact Chapter 35). information. Dated: August 23, 2013. DATES: Consideration will be given to all Aaron Siegel, FOR FURTHER INFORMATION CONTACT: To comments received by September 27, Alternate OSD Federal Register Liaison request more information on this 2013. Officer, Department of Defense. proposed information collection or to FOR FURTHER INFORMATION CONTACT: Fred [FR Doc. 2013–20991 Filed 8–27–13; 8:45 am] obtain a copy of the proposal and Licari, 571–372–0493. BILLING CODE 5001–06–P associated collection instruments, SUPPLEMENTARY INFORMATION: please write to HQ Air Education and Title, Associated Form and OMB Training Command (AETC/A5TS), Number: Application for Department of DEPARTMENT OF DEFENSE ATTN: Mr. M. Rasti, 1150 East 5th the Army Permit; ENG Form 4345; OMB Street, Suite 210, JBSA Randolph TX Department of the Air Force Control Number 0710–0003. 78150, or call 210–652–2299. Type of Request: Extension. SUPPLEMENTARY INFORMATION: Number of Respondents: 80,000. [Docket ID: USAF–2013–0034] Title; Associated Form; and OMB Responses Per Respondent: 1. Proposed Collection; Comment Number: Graduate Training Integration Annual Responses: 80,000. Average Burden per Response: 11 Request Management System (GTIMS), OMB Number 0701–TBD. hours. AGENCY: Air Education and Training Needs and Uses: Require the Annual Burden Hours: 880,000. Command (AETC/A5TS), Department of collection of specific information on Needs and Uses: Information the Air Force/Headquarters, Department prospective Air Force contract flight collected ins used to evaluate, as of Defense. instructors. It is necessary to create required by law, proposed construction or filing in waters of the United States ACTION: Notice. records that are used to ensure they are qualified to be flight instructors. that result in impacts to the aquatic environment and nearby properties, and SUMMARY: In compliance with Section Affected Public: Individuals or to determine if issuance of a permit is 3506(c)(2)(A) of the Paperwork households. in the public interest. Respondents are Reduction Act of 1995, the Department Annual Burden Hours: 63. of the Air Force announces a proposed private landowners, businesses, non- Number of Respondents: 250. public information collection and seeks profit organizations, and government public comment on the provisions Responses per Respondent: 1. agencies. Respondents also include thereof. Comments are invited on: (a) Average Burden per Response: 15 sponsors of proposed and approved whether the proposed collection of minutes. mitigation banks and in-lieu fee information is necessary for the proper Frequency: On occasion. programs. performance of the functions of the Respondents are former military Affected Public: Individuals or agency, including whether the members, now members of the general households; business or other for-profit; information shall have practical utility; public, who become contract employees not-for-profit institutions; farms; Federal (b) the accuracy of the agency’s estimate that provide flying training instruction government; State, local, or tribal of the burden of the proposed to military students. Regulations government. information collection; (c) ways to stipulate that these individuals maintain Frequency: On occasion. enhance the quality, utility, and clarity instructor certifications in accordance Respondent’s Obligation: Required to of the information to be collected; and with Federal and Air Force obtain or retain benefits. (d) ways to minimize the burden of the requirements to ensure students are OMB Desk Officer: Mr. Jim Laity. Written comments and information collection on respondents, properly trained. Requesting and recommendations on the proposed including through the use of automated receiving direct feedback from this information collection should be sent to collection techniques or other forms of group would be helpful to inform and Mr. Jim Laity at the Office of information technology. modify processes and procedures that Management and Budget, Desk Officer DATES: Consideration will be given to all pertain to others in this same category in the future. for DoD, Room 10236, New Executive comments received by October 28, 2013. Office Building, Washington, DC 20503. ADDRESSES: You may submit comments, Dated: August 23, 2013. You may also submit comments, identified by docket number and title, Aaron Siegel, identified by docket number and title, by any of the following methods: Alternate OSD Federal Register Liaison by the following method: • Federal eRulemaking Portal: http:// Officer, Department of Defense. • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the [FR Doc. 2013–21001 Filed 8–27–13; 8:45 am] www.regulations.gov. Follow the instructions for submitting comments. BILLING CODE 5001–06–P instructions for submitting comments.

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Instructions: All submissions received public at its advisory committee burden of the collection of information must include the agency name, docket meetings and will make every effort to on respondents, including through the number and title for this Federal accommodate persons with physical use of automated collection techniques Register document. The general policy disabilities or special needs. If you or other forms of information for comments and other submissions require special accommodations due to technology. from members of the public is to make a disability, please contact Barbara DATES: Comments must be filed by these submissions available for public Ulmer at least seven days in advance of October 28, 2013. If you anticipate that viewing on the Internet at http:// the meeting at the phone number listed you will be submitting comments, but www.regulations.gov as they are above. Written statements may be filed find it difficult to do so within the received without change, including any with the Board either before or after the period of time allowed by this notice, personal identifiers or contact meeting. Individuals who wish to make please advise the EIA–3 Survey Manager information. oral presentations pertaining to agenda at EIA of your intention to make a DOD Clearance Officer: Ms. Patricia items should contact Barbara Ulmer at submission as soon as possible. Toppings. the telephone number listed above. The ADDRESSES: Written comments should Written requests for copies of the request must be received five days prior be sent to: Attn: Tejasvi Raghuveer, information collection proposal should to the meeting and reasonable provision EIA–3 Survey Manager, U.S. Energy be sent to Ms. Toppings at WHS/ESD will be made to include the presentation Information Administration, EI–24, Information Management Division, 4800 in the agenda. The Deputy Designated 1000 Independence Avenue SW., Mark Center Drive, East Tower, Suite Federal Officer is empowered to Washington, DC 20585. 02G09, Alexandria, VA 22350–3100. conduct the meeting in a fashion that To ensure receipt of the comments by Dated: August 23, 2013. will facilitate the orderly conduct of the due date, submission by email Aaron Siegel, business. Individuals wishing to make ([email protected]) is Alternate OSD Federal Register Liaison public comments can do so during the recommended. Alternatively, Ms. Officer, Department of Defense. 15 minutes allotted for public Raghuveer may be contacted by [FR Doc. 2013–21012 Filed 8–27–13; 8:45 am] comments. telephone at 202–586–8926. Minutes: Minutes will be available by BILLING CODE 5001–06–P FOR FURTHER INFORMATION CONTACT: writing to Barbara Ulmer at the address Requests for additional information or listed above or at the following Web copies of any forms and instructions site: http://nv.energy.gov/nssab/ DEPARTMENT OF ENERGY should be directed to Ms. Tejasvi MeetingMinutes.aspx. Raghuveer at the contact information Environmental Management Site- Issued at Washington, DC, on August 21, listed above. The proposed forms and Specific Advisory Board, Nevada 2013. instructions are available on the Internet LaTanya R. Butler, at: http://www.eia.gov/survey/#coal. AGENCY: Department of Energy. Deputy Committee Management Officer. SUPPLEMENTARY INFORMATION: ACTION: Notice of open meeting. [FR Doc. 2013–20977 Filed 8–27–13; 8:45 am] This information collection request SUMMARY: This notice announces a BILLING CODE 6450–01–P contains: (1) OMB No. 1905–0167; (2) meeting of the Environmental Information Collection Request Title: Management Site-Specific Advisory Coal Markets Reporting System. The Board (EM SSAB), Nevada. The Federal DEPARTMENT OF ENERGY survey forms included in this system are: EIA–3 ‘‘Quarterly Coal Advisory Committee Act (Pub. L. 92– Energy Information Administration 463, 86 Stat. 770) requires that public Consumption and Quality Report, Manufacturing and Transformation/ notice of this meeting be announced in Agency Information Collection the Federal Register. Processing Coal Plants and Commercial Extension and Institutional Coal Users; ’’EIA–6Q ’’ DATES: Wednesday, September 18, 2013, Quarterly Coal Report (Standby);’’ EIA– 4:00 p.m. AGENCY: U.S. Energy Information Administration (EIA), Department of 7A ‘‘Coal Production and Preparation ADDRESSES: National Atomic Testing Energy (DOE). Report;’’ EIA–8A ‘‘Coal Stocks Report;’’ Museum, 755 E. Flamingo Road, Las EIA–20 ‘‘Weekly Coal Monitoring Vegas, Nevada 89119. ACTION: Information collection extension with change, comment request. Report, Coal Burning Utilities and FOR FURTHER INFORMATION CONTACT: Independent Power Producers Barbara Ulmer, Board Administrator, SUMMARY: The EIA, pursuant to the (Standby);’’ (3) Type of Request: Three- 232 Energy Way, M/S 505, North Las Paperwork Reduction Act of 1995, year extension with changes; (4) Vegas, Nevada 89030. Phone: (702) 630– intends to extend for three years with Purpose: The Federal Energy 0522; Fax (702) 295–5300 or Email: the Office of Management and Budget Administration Act of 1974 (15 U.S.C. [email protected]. (OMB) the Coal Markets Reporting 761 et seq.) and the DOE Organization SUPPLEMENTARY INFORMATION: System. Comments are invited on: (a) Act (42 U.S.C. 7101 et seq.) require the Purpose of the Board: The purpose of Whether the proposed collection of EIA to carry out a centralized, the Board is to make recommendations information is necessary for the proper comprehensive, and unified energy to DOE–EM and site management in the performance of the functions of the information program. This program areas of environmental restoration, agency, including whether the collects, evaluates, assembles, analyzes, waste management, and related information shall have practical utility; and disseminates information on energy activities. (b) the accuracy of the agency’s estimate resource reserves, production, demand, Tentative Agenda: of the burden of the proposed collection technology, and related economic and 1. Fiscal Year 2014 Work Plan of information, including the validity of statistical information. This information Development the methodology and assumptions used; is used to assess the adequacy of energy 2. Election of Officers (c) ways to enhance the quality, utility, resources to meet near and longer term Public Participation: The EM SSAB, and clarity of the information to be domestic demands and to promote Nevada, welcomes the attendance of the collected; and (d) ways to minimize the sound policymaking, efficient markets,

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and public understanding of energy and • Create ‘‘Part 5: Coking Plants Only’’ open market sales data. This will also its interaction with the economy and the to accommodate respondents of allow for improved frame maintenance environment. discontinued Form EIA–5 and collect on the EIA–8A, which covers coal EIA surveys are conducted to collect data regarding coke production. traders, brokers, and terminals. coal market data. The data elements Disclosure limitation procedures will • For any Export Coal Sales to coal include production, consumption, continue to be applied to all cost and brokers, coal traders, or coal terminals, receipts, stocks, and prices. Information revenue data reported in Part V. what are their contact name, company pertaining to the quality of the coal is • No longer collect Synfuel data name, email address, and telephone also collected. Aggregates of this • Minor revisions to instructions and number? This question will be used to collection are used to support public definitions run a cross-survey comparison with the policy analyses of the coal industry, Form EIA–7A: Coal Production and EIA–8A in hopes of eliminating double- economic modeling, forecasting, coal Preparation Report counting of export coal sales and supply and demand studies, and in improving export-related data. • Change title of survey to ‘‘Annual guiding research and development Form EIA–8A: Coal Stocks Report programs. EIA publications, including Survey of Coal Production and Preparation’’ • Change title of survey to ‘‘Annual the Monthly Energy Review, Quarterly • Coal Report, Quarterly Coal Distribution Modify questions, response options, Survey of Coal Stocks and Coal Exports’’ • Report, Annual Coal Report, and and instructions to provide respondents Simplify questions, response Annual Coal Distribution Report, each with more detail and to improve options, and instructions to provide contain data collected through the coal navigation respondents with more detail and to • Update Unsecured Communication improve navigation production and consumption surveys • listed above. The EIA uses the data in Method(s) to include email, fax, and Update Secure Communication short-term and long-term models such mail Method to include the Internet Data • Create a field for adjustment to coal as the Short-Term Integrated Forecasting Collections (IDC) System stocks to account for stocks held on- and • System (STIFS) and the National Energy Modify Unsecured Communication off-site at the end of the reporting year Method(s) to include email, fax, and Modeling System (NEMS) Coal Market • Add new fields for metallurgical Module. The forecast data also appear in mail and non-metallurgical coal under • Require additional contact the Short-Term Energy Outlook and the sections on Open and Captive Market Annual Energy Outlook publications. information when a company is sold or Sales to gather more accurate revenue merges during the reporting year (4a) Proposed Changes: The EIA data from each type of sale. Disclosure • Amend the Required Respondents proposes to make changes to Forms limitation procedures will be applied to section of the survey to require EIA–3, EIA–6Q, EIA–7A, EIA–8A, and protect the data elements from being respondents to report coal exported EIA–20. The EIA proposes to attributed to any specific company. since prior reporting year discontinue standby Forms EIA–1 and EIA proposes adding the following • Revise list of locations where U.S. EIA–4. Together, these two standby questions to Form EIA–7A: originated stocks are held to include forms were intended to collect data from • Did the company that owns the ‘‘OT—Other’’ non-electric sector respondents in the mining operation cease operations • Add new fields for metallurgical event of a coal supply disruption. To during the reporting year? This question and non-metallurgical coal to various date, these forms have never been will be used to help maintain the EIA– sections of the survey to gather more deployed. Also, the possibility of such 7A frame and review data discrepancies accurate revenue data about the a disruption to non-electric sector as reported by respondents that metallurgical coal market respondents seems minimal. In answered ‘‘yes’’ to the question. EIA proposes adding the following addition, coal and coke data collected • Report the county, state, and questions to Form EIA–8A: on Form EIA–5 in Schedules II, III, and mining dates of the surface mining • Did the company for which you are IV will now be collected on Form EIA– activity. The Mine Safety and Health reporting export coal that originated in 3. Hence, the EIA proposes to Administration assigns this location the United States during the reporting discontinue the Form EIA–5. Detailed every quarter. Adding this question year? This is a screening question that descriptions of proposed changes to would track production by county more will help ensure an accurate accounting individual forms follow. accurately. of all coal brokers that also act as • Form EIA–3: Quarterly Coal What is the average heat content for exporters. • Consumption and Quality Report, all coal mined at this mine during the What was the operational status of Manufacturing and Transformation/ reporting year? EIA’s State Energy Data your company during the reporting Processing Coal Plants and Commercial System publishes heat content of coal year? This question will be used to help and Institutional Coal Users produced by state. Currently, this maintain the EIA–8A frame and review production heat content data is data discrepancies as reported by • Change the title of the survey to estimated by EIA staff using coal-quality respondents that answered ‘‘yes’’ to the ‘‘Quarterly Survey of Non-Electric data collected, in relation to coal question. Sector Coal Data’’ receipts, at end-use sectors as a proxy. • Modify the scope of the survey, as This question would provide the actual Standby Forms EIA–6Q: Quarterly Coal defined under the purpose section, to production-based quality data needed to Report (Standby) and EIA–20: Weekly include coke plants replace the estimation. Coal Monitoring Report, Coal Burning • Remove Secure File Transfer from • For any Captive Market Sales or Utilities and Independent Power Communication Method transfer of coal to the parent company Producers (Standby) • Re-categorize mail as an Unsecured or a subsidiary of the parent company, • Change standby form titles to Form Communication Method what are their contact name, company EIA–6: ‘‘Emergency Coal Supply • Change Site County to Site City name, email address, and telephone Survey’’ and Form EIA–20: ‘‘Emergency • Request EIA–923 ID in the number? This question helps verify the Weekly Coal Monitoring Survey for Coal Company Contact Information Section accuracy of captive market sales vs. Burning Power Producers.’’

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• Make minor revisions to Issued in Washington, DC, on August 22, The Respondent’s answer, motions to instructions and definitions 2013. intervene, and protests must be served Stephanie Brown, on the Complainants. Eliminating Form EIA–5: Quarterly Director, Office of Survey Development and The Commission encourages Coal Consumption and Quality Statistical Integration, U.S. Energy electronic submission of protests and Report—Coke Plants Information Administration. interventions in lieu of paper using the [FR Doc. 2013–20978 Filed 8–27–13; 8:45 am] ‘‘eFiling’’ link at http://www.ferc.gov. Eliminating Form EIA–5 and the BILLING CODE 6450–01–P Persons unable to file electronically proposed changes to Form EIA–3 will should submit an original and 14 copies result in the absorption of all 19 EIA– of the protest or intervention to the 5 respondents into the EIA–3 frame, DEPARTMENT OF ENERGY Federal Energy Regulatory Commission, reduce quarterly maintenance of two 888 First Street NE., Washington, DC separate internet data collection systems Federal Energy Regulatory 20426. with nearly identical layouts and edits, Commission This filing is accessible on-line at and create a single survey for all non- [Docket Nos. OR13–31–000] http://www.ferc.gov, using the electric sector coal users. ‘‘eLibrary’’ link and is available for Flint Hills Resources Alaska, LLC, BP review in the Commission’s Public Eliminating Standby Forms EIA–1: Pipelines (Alaska) Inc., ConocoPhillips Reference Room in Washington, DC. Weekly Coal Monitoring Report— Transportation Alaska, Inc., There is an ‘‘eSubscription’’ link on the General Industries and Blast Furnaces ExxonMobil Pipeline Company; Notice Web site that enables subscribers to and EIA–4: Weekly Coal Monitoring of Complaint receive email notification when a Report—Coke Plants document is added to a subscribed Take notice that on August 20, 2013, docket(s). For assistance with any FERC Standby Forms EIA–1 and EIA–4 were pursuant to section 9, 13(1), and 15(1) Online service, please email intended to collect data from non- of the Interstate Commerce Act, 49 [email protected], or call electric sector respondents in the event U.S.C. 9, 13(1), and 15(1), Rule 206 of (866) 208–3676 (toll free). For TTY, call of a coal supply disruption. To date, the Rules of Practice and Procedures of (202) 502–8659. these forms have never been deployed. the Federal Energy Regulatory Comment Date: 5:00 p.m. Eastern Also, the possibility of such a Commission (Commission), 18 CFR Time on September 9, 2013. disruption to non-electric sector 365.206 (2013), and section 343.2 of the Kimberly D. Bose, respondents seems minimal. Procedural Rules Applicable to Oil Eliminating these two survey forms Pipeline Proceedings, 18 CFR 343.2 Secretary. would be optimal. (2013), Flint Hills Resources Alaska, [FR Doc. 2013–20924 Filed 8–27–13; 8:45 am] LLC (FHR or Complainant) filed a BILLING CODE 6717–01–P (5) Estimated Number of Survey formal complaint against BP Pipelines Respondents: (Alaska) Inc., ConocoPhillips • Form EIA–3 will consist of 508 Transportation Alaska, Inc., and DEPARTMENT OF ENERGY respondents; the increase from the ExxonMobil Pipeline Company Federal Energy Regulatory current 489 respondents is because of (collectively, Respondents), petitioning Commission the additional 19 EIA–5 respondents the Commission to investigate the that will begin reporting on Form EIA– continuing reasonableness of the [Docket No. RP13–1015–000] 3. existing Quality Bank provisions of the Texas Eastern Transmission, LP; • EIA–7A will consist of 1,208 Respondents’ tariffs governing the method of making monetary Notice of Technical Conference respondents. adjustments among TAPS shippers to • Take notice that the Commission Staff EIA–8A will consist of 86 account for the differences between the will convene a technical conference in respondents. quality of the crude oil tendered for the above-referenced proceeding on (6) Annual Estimated Number of Total transportation and the quality of the Thursday, September 12, 2013, at 10:00 Responses: 3326. crude oil received by that shipper. a.m. (Eastern Standard Time), in a room • The Complainant certifies that copies to be designated at the offices of the Form EIA–3, 2,032 responses. of the complaint were served on the • Federal Energy Regulatory Commission, EIA–7A, 1,208 respondents. contacts for the Respondents as listed 888 First Street NE., Washington, DC • EIA–8A, 86 respondents. on the Commission’s list of Corporate 20426. Officials. (7) Annual Estimated Number of At the technical conference, the Any person desiring to intervene or to Commission Staff and the parties to the Burden Hours: Total annual burden protest this filing must file in hours for all three surveys: 3834. proceeding can discuss all of the issues accordance with Rules 211 and 214 of raised by Texas Eastern Transmission, (8) Annual Estimated Reporting and the Commission’s Rules of Practice and LP’s (Texas Eastern) filing. In particular, Recordkeeping Cost Burden: EIA Procedure (18 CFR 385.211 and as discussed in the Order Accepting and estimates that there are no additional 385.214). Protests will be considered by Suspending Tariff Record and costs to respondents associated with the the Commission in determining the Establishing Technical Conference surveys other than the costs associated appropriate action to be taken, but will Proceedings 1 in this docket, Texas with the burden hours. not serve to make protestants parties to Eastern should be prepared to address the proceeding. Any person wishing to the concerns raised by the parties in this Statutory Authority: Section 13(b) of the become a party must file a notice of Federal Energy Administration Act of 1974, proceeding and, if necessary, to provide intervention or motion to intervene, as additional technical, engineering and Pub. L. 93–275, codified at 15 U.S.C. 772(b), appropriate. The Respondent’s answer and the DOE Organization Act of 1977, Pub. and all interventions, or protests must 1 L. 95–91, codified at 42 U.S.C. 7101 et seq. Texas Eastern Transmission, LP, 144 FERC be filed on or before the comment date. ¶ 61,082, at P 19 (2013).

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operational support for its proposal, were held in 2011 and 2012 to discuss Assessment (NCEA) within the EPA including support for its assertion that what is needed to complete formal Office of Research and Development its proposal is not barred by the 2010 consultation for the two sturgeon (ORD). This draft assessment is not final Settlement. Consistent with the species. as described in EPA’s information Commission’s Natural Gas At the request of NMFS, Commission quality guidelines, and it does not Interchangeability Policy Statement, staff will meet with representatives of represent and should not be construed Texas Eastern should be prepared to NMFS and SCPSA, the Commission’s to represent Agency policy or views. explain how its proposal differs from non-federal representative for the Discussion of the draft IRIS the Natural Gas Council Plus interim Santee-Cooper Project, to continue the carcinogenicity assessment for ethylene guidelines.2 In addition, any party on-going discussions of what is needed oxide will be included on the agenda of proposing alternatives to Texas to complete formal consultation for the the IRIS bimonthly public meeting to be Eastern’s proposal should be prepared shortnose and Atlantic sturgeon. The held on October 23–24, 2013, at EPA to support its position with adequate meeting will be held on Thursday, offices in Arlington, Virginia. technical, engineering and operational September 19, 2013, from 9:00 a.m. to Information on this meeting, including information. 5:00 p.m. at NMFS’ office at 263 13th meeting location, time, registration, and FERC conferences are accessible Avenue South, St. Petersburg, Florida. participation procedures will be under section 508 of the Rehabilitation All local, state, and federal agencies, available at the IRIS Web site (http:// Act of 1973. For accessibility and interested parties, are hereby www.epa.gov/iris/publicmeeting/). accommodations please send an email invited to attend and observe this to [email protected] or call toll free meeting. Questions concerning the DATES: The public comment period (866) 208–3372 (voice) or (202) 502– meeting should be directed to Robert began on July 23, 2013, and is being 8659 (TTY), or send a fax to (202) 208– Hoffman of NMFS at (727) 824–5312. extended to end on October 11, 2013. 2106 with the required Comments should be in writing and Dated: August 20, 2013. must be received by EPA by October 11, accommodations. Kimberly D. Bose, All interested persons are permitted 2013. Secretary. to attend. For further information please ADDRESSES: The draft ‘‘Evaluation of the [FR Doc. 2013–20923 Filed 8–27–13; 8:45 am] contact Oscar Santillana at (202) 502– Inhalation Carcinogenicity of Ethylene 6392 or email Oscar.Santillana@ BILLING CODE 6717–01–P Oxide’’ is available primarily via the ferc.gov, and David Maranville at (202) Internet on the NCEA home page under 502–6351 or email David.Maranville@ the Recent Additions and Publications ferc.gov. ENVIRONMENTAL PROTECTION menus at http://www.epa.gov/ncea. A AGENCY Dated: August 20, 2013. limited number of paper copies are Kimberly D. Bose, [FRL–9900–46–ORD; Docket ID No. EPA– available from the Information Secretary. HQ–ORD–2006–0756] Management Team, NCEA; telephone: 703–347–8561; facsimile: 703–347– [FR Doc. 2013–20925 Filed 8–27–13; 8:45 am] Notice of Extension of Public BILLING CODE 6717–01–P 8691. If you request a paper copy, please Comment Period on the Draft IRIS provide your name, mailing address, Carcinogenicity Assessment for and the document title. Comments may Ethylene Oxide and Addition of DEPARTMENT OF ENERGY be submitted electronically via http:// Ethylene Oxide to October IRIS www.regulations.gov, by email, by mail, Federal Energy Regulatory Bimonthly Meeting Agenda by facsimile, or by hand delivery/ Commission AGENCY: Environmental Protection courier. Please follow the detailed [Project No. 199–205] Agency (EPA). instructions provided in the SUPPLEMENTARY INFORMATION section of ACTION: Notice of Extension of Public South Carolina Public Service Comment Period to October 11, 2013, this notice. Authority; Notice of Meeting to and Addition of Ethylene Oxide to FOR FURTHER INFORMATION CONTACT: For Discuss Santee-Cooper Biological October IRIS Bimonthly Meeting information on the federal docket, Opinion Agenda. contact the Office of Environmental Information Docket; telephone: 202– On July 15, 2010, the National Marine SUMMARY: EPA is announcing an Fisheries Service (NMFS) filed its 566–1752; facsimile: 202–566–9744; or extension of the public comment period _ Biological Opinion (BO) on the email: Docket [email protected]. For for the IRIS external review draft information on the IRIS bimonthly relicensing of the Santee-Cooper carcinogenicity assessment titled, Hydroelectric Project No. 199. The public meeting, contact Christine Ross, ‘‘Evaluation of the Inhalation IRIS Staff, National Center for document included NMFS’ terms and Carcinogenicity of Ethylene Oxide’’ conditions for protection of the Environmental Assessment, (8601P), (EPA/635/R–13/128a and EPA/635/R– U.S. Environmental Protection Agency, endangered shortnose and Atlantic 13/128b) and the draft peer review sturgeon. Commission staff, the South 1200 Pennsylvania Avenue NW., charge questions. The original Federal Washington, DC 20460; telephone: 703– Carolina Public Service Authority Register notice announcing the public (SCPSA), the South Carolina 347–8592; facsimile: 703–347–8689; or comment period was published on July email: [email protected]. If you Department of National Resources, and 23, 2013. We are extending the deadline U.S. Army Corps of Engineers filed have questions about the document, for this public comment period from contact Jennifer Jinot, National Center comments on the draft BO in September September 5, 2013, to October 11, 2013, 2010. Several meetings and workshops for Environmental Assessment; at the request of the American telephone: 703–347–8597; facsimile: Chemistry Council and the Ethylene 2 703–347–8690; or email: Policy Statement on Provisions Governing Oxide Sterilization Association, Inc. Natural Gas Quality and Interchangeability in [email protected]. Interstate Natural Gas Pipeline Company Tariffs, The draft assessment was prepared by 115 FERC ¶ 61,325, at PP 34, 37 (2006). the National Center for Environmental SUPPLEMENTARY INFORMATION:

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I. Information About IRIS reviewed by the EPA’s Science Advisory personal information provided, unless a EPA’s IRIS Program is a human health Board (SAB) Chemical Assessment comment includes information claimed assessment program that evaluates Advisory Committee (CAAC) for peer to be confidential Business Information quantitative and qualitative risk review. The EPA SAB is a body (CBI) or other information whose information on effects that may result established under the Federal Advisory disclosure is restricted by statute. Do from exposure to chemical substances Committee Act with a broad mandate to not submit information that you found in the environment. Through the advise the Agency on scientific matters. consider to be CBI or otherwise IRIS Program, EPA provides the highest The public comment period and protected through http:// quality science-based human health bimonthly public meeting announced in www.regulations.gov or email. The assessments to support the Agency’s this notice are separate processes from http://www.regulations.gov Web site is regulatory activities and decisions to the SAB/CAAC peer review. The SAB an ‘‘anonymous access’’ system, which protect public health. The IRIS database will schedule one or more public peer- means EPA will not know your identity contains information for more than 500 review meetings which will be or contact information unless you chemical substances that can be used to announced in a separate Federal provide it in the body of your comment. support the first two steps (hazard Register Notice at a later date. If you send an email comment directly identification and dose-response V. How To Submit Technical Comments to EPA without going through http:// evaluation) of the human health risk to the Docket at http:// www.regulations.gov; your email assessment process. When supported by www.regulations.gov address will be automatically captured available data, IRIS provides health and included as part of the comment Submit your comments, identified by effects information and toxicity values that is placed in the public docket and Docket ID No. EPA–HQ–ORD–2006– for health effects (including cancer and made available on the Internet. If you effects other than cancer). Government 0756 by one of the following methods: submit an electronic comment, EPA • http://www.regulations.gov: Follow and others combine IRIS toxicity values recommends that you include your the on-line instructions for submitting with exposure information to name and other contact information in comments. the body of your comment and with any characterize public health risks of • Email: [email protected]. chemical substances; this information is • Fax: 202–566–9744. disk or CD–ROM you submit. If EPA then used to support risk management • Mail: Office of Environmental cannot read your comment due to decisions designed to protect public Information (OEI) Docket (Mail Code: technical difficulties and cannot contact health. 28221T), U.S. Environmental Protection you for clarification, EPA may not be able to consider your comment. II. Extension of Comment Period Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. The phone Electronic files should avoid the use of The EPA is extending the deadline for number is 202–566–1752. special characters, any form of submitting comments on the draft • Hand Delivery: The OEI Docket is encryption, and be free of any defects or ‘‘Evaluation of the Inhalation located in the EPA Headquarters Docket viruses. For additional information Carcinogenicity of Ethylene Oxide’’ and Center, EPA West Building, Room 3334, about EPA’s public docket visit the EPA on the draft peer review charge 1301 Constitution Ave. NW., Docket Center homepage at http:// questions to October 11, 2013. The Washington, DC. The EPA Docket www.epa.gov/epahome/dockets.htm. original deadline for comments was Center’s Public Reading Room is open All documents in the docket are listed September 5, 2013. The EPA’s decision from 8:30 a.m. to 4:30 p.m., Monday in the http://www.regulations.gov index. responds to requests to extend the through Friday, excluding legal Although listed in the index, some comment deadline. The EPA believes holidays. The telephone number for the information is not publicly available, that this extension will assist in Public Reading Room is 202–566–1744. e.g., CBI or other information whose providing an adequate amount of Deliveries are only accepted during the disclosure is restricted by statute. additional time for the public to review docket’s normal hours of operation, and Certain other material, such as the drafts and to provide written copyrighted material, will be publicly comments. special arrangements should be made for deliveries of boxed information. If available only in hard copy. Publicly III. Bimonthly Public Meeting you provide comments by mail or hand available docket materials are available either electronically in http:// In addition to the extension to the delivery, please submit one unbound original with pages numbered www.regulations.gov or in hard copy at public comment period announced in the OEI Docket in the EPA Headquarters this notice, the draft assessment will be consecutively, and three copies of the Docket Center. discussed at the first IRIS bimonthly comments. For attachments, provide an public meeting scheduled for October index, number pages consecutively with Dated: August 19, 2013. 23–24, 2013. Information on this the comments, and submit an unbound Lynn Flowers, meeting, including meeting location, original and three copies. Acting Director, National Center for time, registration, and participation Instructions for submitting comments Environmental Assessment. procedures will be available at the IRIS to the EPA Docket: Direct your [FR Doc. 2013–20913 Filed 8–27–13; 8:45 am] Web site (http://www.epa.gov/iris/ comments to Docket ID No. EPA–HQ– BILLING CODE 6560–50–P publicmeeting/). The purpose of the ORD–2006–0756. Please ensure that IRIS public meeting is to allow all your comments are submitted within interested parties to present scientific the specified comment period. ENVIRONMENTAL PROTECTION and technical comments on the draft Comments received after the closing AGENCY date will be marked ‘‘late,’’ and may IRIS health assessment and charge [EPA–HQ–OPP–2013–0038; FRL–9398–2] questions to EPA and other interested only be considered if time permits. It is parties attending the meeting. EPA’s policy to include all comments it Pesticide Product Registration; receives in the public docket without Receipt of Application for New Uses IV. Peer Review change and to make the comments In addition to this public comment available online at http:// AGENCY: Environmental Protection period, the draft assessment will be www.regulations.gov, including any Agency (EPA).

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ACTION: Notice. B. What should I consider as I prepare does not imply a decision by the Agency my comments for EPA? on the following applications: SUMMARY: This notice announces the receipt of applications to add new food 1. Submitting CBI. Do not submit this 1. Registration Number: 71512–7. uses on previously registered pesticide information to EPA through Docket ID Number: EPA–HQ–OPP– products containing the insecticide regulations.gov or email. Clearly mark 2013–0038. Company name and flonicamid, pursuant to the provisions the part or all of the information that address: ISK Bioscience Corporation, of the Federal Insecticide, Fungicide, you claim to be CBI. For CBI 7470 Auburn Rd., Suite A, Concord, OH and Rodenticide Act (FIFRA). information in a disk or CD–ROM that 44077. Active ingredient: Flonicamid. you mail to EPA, mark the outside of the Product Name: Technical Flonicamid DATES: Comments must be received on disk or CD–ROM as CBI and then Insecticide. Proposed Use(s): Alfalfa, or before September 27, 2013. identify electronically within the disk or forage; alfalfa, hay; alfalfa, seed; clover, ADDRESSES: Submit your comments, CD–ROM the specific information that forage; clover, hay; fruit, pome (crop identified by docket identification (ID) is claimed as CBI. In addition to one group 11–10); fruit, stone (crop group number EPA–HQ–OPP–2013–0038, by complete version of the comment that 12–12); peppermint, tops; spearmint, one of the following methods: includes information claimed as CBI, a tops; vegetable, cucurbit (crop group 9); • Federal eRulemaking Portal: http:// copy of the comment that does not and vegetable, fruiting (crop group 8– www.regulations.gov. Follow the online contain the information claimed as CBI 10). instructions for submitting comments. must be submitted for inclusion in the Do not submit electronically any 2. Registration Number: 71512–9. public docket. Information so marked Docket ID Number: EPA–HQ–OPP– information you consider to be will not be disclosed except in 2013–0038. Company name and Confidential Business Information (CBI) accordance with procedures set forth in address: ISK Bioscience Corporation, or other information whose disclosure is 40 CFR part 2. 7470 Auburn Rd., Suite A, Concord, OH restricted by statute. 2. Tips for preparing your comments. 44077. Active ingredient: Flonicamid. • Mail: OPP Docket, Environmental When submitting comments, remember Product Name: Technical Flonicamid Protection Agency Docket Center (EPA/ to: Insecticide. Proposed Use(s): Alfalfa, DC), (28221T), 1200 Pennsylvania Ave. i. Identify the document by docket ID forage; alfalfa, hay; alfalfa, seed; clover, NW., Washington, DC 20460–0001. number and other identifying forage; clover, hay; fruit, pome (crop • Hand Delivery: To make special information (subject heading, Federal arrangements for hand delivery or Register date and page number). group 11–10); fruit, stone (crop group delivery of boxed information, please ii. Follow directions. The Agency may 12–12); peppermint, tops; spearmint, follow the instructions at http:// ask you to respond to specific questions tops; vegetable, cucurbit (crop group 9); www.epa.gov/dockets/contacts.html. or organize comments by referencing a and vegetable, fruiting (crop group 8– Additional instructions on Code of Federal Regulations (CFR) part 10). commenting or visiting the docket, or section number. 3. Registration Number: 71512–10. along with more information about iii. Explain why you agree or disagree; Docket ID Number: EPA–HQ–OPP– dockets generally, is available at suggest alternatives and substitute 2013–0038. Company name and http://www.epa.gov/dockets. language for your requested changes. address: ISK Bioscience Corporation, FOR FURTHER INFORMATION CONTACT: Lois iv. Describe any assumptions and 7470 Auburn Rd., Suite A, Concord, OH A. Rossi, Registration Division (7504P), provide any technical information and/ 44077. Active ingredient: Flonicamid. Office of Pesticide Programs, or data that you used. Product Name: Technical Flonicamid Environmental Protection Agency, 1200 v. If you estimate potential costs or Insecticide. Proposed Use(s): Alfalfa, Pennsylvania Ave. NW., Washington, burdens, explain how you arrived at forage; alfalfa, hay; alfalfa, seed; clover, DC 20460–0001; telephone number: your estimate in sufficient detail to forage; clover, hay; fruit, pome (crop (703) 305–7090; email address: allow for it to be reproduced. group 11–10); and fruit, stone (crop [email protected]. vi. Provide specific examples to group 12–12); peppermint, tops; illustrate your concerns and suggest SUPPLEMENTARY INFORMATION: spearmint, tops; vegetable, cucurbit alternatives. (crop group 9); and vegetable, fruiting I. General Information vii. Explain your views as clearly as (crop group 8–10). possible, avoiding the use of profanity A. Does this action apply to me? 4. Registration Number: 71512–14. or personal threats. Docket ID Number: EPA–HQ–OPP– You may be potentially affected by viii. Make sure to submit your 2013–0038. Company name and this action if you are an agricultural comments by the comment period address: ISK Bioscience Corporation, producer, food manufacturer, or deadline identified. pesticide manufacturer. The following 7470 Auburn Rd., Suite A, Concord, OH list of North American Industrial II. Registration Applications 44077. Active ingredient: Flonicamid. Classification System (NAICS) codes is EPA has received four applications for Product Name: Technical Flonicamid not intended to be exhaustive, but rather the addition of new food uses on Insecticide. Proposed Use(s): Alfalfa, provides a guide to help readers previously registered pesticide products forage; alfalfa, hay; alfalfa, seed; clover, determine whether this document containing the insecticide, flonicamid forage; clover, hay; fruit, pome (crop applies to them. Potentially affected (N-(cyanomethyl)-4-(trifluoromethyl)-3- group 11–10); fruit, stone (crop group entities may include: pyridinecarboxamide, (Decisions Nos. 12–12); peppermint, tops; spearmint, • Crop production (NAICS code 111). 473574, 473576, 473579, 473580, tops; vegetable, cucurbit (crop group 9); • Animal production (NAICS code 473581, 473582, 473583, and 473584), and vegetable, fruiting (crop group 8– 112). pursuant to the provisions of FIFRA 10). • Food manufacturing (NAICS code section 3(c), and is publishing this List of Subjects 311). notice of receipt of these applications • Pesticide manufacturing (NAICS pursuant to FIFRA section 3(c)(4). Environmental protection, Pesticides code 32532). Notice of receipt of these applications and pest.

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Dated: August 22, 2013. • Hand Delivery: To make special iv. Describe any assumptions and G. Jeffrey Herndon, arrangements for hand delivery or provide any technical information Acting Director, Registration Division, Office delivery of boxed information, please and/or data that you used. of Pesticide Programs. follow the instructions at http:// v. If you estimate potential costs or [FR Doc. 2013–21017 Filed 8–27–13; 8:45 am] www.epa.gov/dockets/contacts.htm. burdens, explain how you arrived at BILLING CODE 6560–50–P Additional instructions on your estimate in sufficient detail to commenting or visiting the docket, allow for it to be reproduced. along with more information about vi. Provide specific examples to ENVIRONMENTAL PROTECTION dockets generally, is available at illustrate your concerns and suggest AGENCY http://www.epa.gov/dockets. alternatives. vii. Explain your views as clearly as [EPA–HQ–OPP–2010–0014; FRL–9396–4] FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr., Pesticide Re-Evaluation possible, avoiding the use of profanity Notice of Receipt of Requests To Division (7508P), Office of Pesticide or personal threats. viii. Make sure to submit your Voluntarily Cancel Certain Pesticide Programs, Environmental Protection comments by the comment period Registrations Agency, 1200 Pennsylvania Ave. NW., deadline identified. Washington, DC 20460–0001; telephone AGENCY: Environmental Protection number: (703) 308–8195; email address: II. What action is the agency taking? Agency (EPA). [email protected]. ACTION: Notice. This notice announces receipt by the SUPPLEMENTARY INFORMATION: Agency of requests from registrants to SUMMARY: In accordance with the I. General Information cancel 17 pesticide products registered Federal Insecticide, Fungicide, and under FIFRA section 3 or 24(c). These Rodenticide Act (FIFRA), EPA is issuing A. Does this action apply to me? registrations are listed in sequence by a notice of receipt of requests by This action is directed to the public registration number (or company registrants to voluntarily cancel certain in general, and may be of interest to a number and 24(c) number) in Table 1 of pesticide registrations. Included in this wide range of stakeholders including this unit. notice is a request from Nufarm SA to environmental, human health, and This notice announces receipt by EPA voluntarily cancel the last three agricultural advocates; the chemical of a request from the registrant Nufarm remaining amitrole products registered industry; pesticide users; and members SA to cancel the last three remaining for use in the United States. EPA of the public interested in the sale, amitrole product registrations. Amitrole intends to grant these requests at the distribution, or use of pesticides. is a triazole-containing herbicide close of the comment period for this registered for use for outdoor general announcement unless the Agency B. What should I consider as I prepare weed control to non-agricultural rights- receives substantive comments within my comments for EPA? of-way, industrial and construction the comment period that would merit its 1. Submitting CBI. Do not submit this sites, fencerows, and other uncultivated further review of the requests, or unless information to EPA through areas. Tolerances are not currently the registrants withdraw its requests. If regulations.gov or email. Clearly mark established for amitrole as there are no these requests are granted, any sale, the part or all of the information that registered food or feed uses. There are distribution, or use of products listed in you claim to be CBI. For CBI no residential uses currently registered this notice will be permitted after the information in a disk or CD–ROM that for amitrole. The registration review registration has been canceled only if you mail to EPA, mark the outside of the process for amitrole began in June 2011, such sale, distribution, or use is disk or CD–ROM as CBI and then with the issuance of the Preliminary consistent with the terms as described identify electronically within the disk or Work Plan for Registration Review in in the final order. CD–ROM the specific information that the docket EPA–HQ–OPP–2011–0105 DATES: Comments must be received on is claimed as CBI. In addition to one for a 60-day public comment period. or before February 24, 2014. complete version of the comment that The Amitrole Final Work Plan for ADDRESSES: Submit your comments, includes information claimed as CBI, a Registration Review was completed and identified by docket identification (ID) copy of the comment that does not placed in the docket in December 2011, number EPA–HQ–OPP–2010–0014, by contain the information claimed as CBI and the registration review data-call-in one of the following methods: must be submitted for inclusion in the was issued in November 2012. Nufarm • Federal eRulemaking Portal: http:// public docket. Information so marked SA is the only current registrant of www.regulations.gov. Follow the online will not be disclosed except in amitrole products. In a letter to EPA, instructions for submitting comments. accordance with procedures set forth in dated May 30, 2013, Nufarm SA Do not submit electronically any 40 CFR part 2. requested voluntary cancellation of the information you consider to be 2. Tips for preparing your comments. amitrole technical product (EPA Confidential Business Information (CBI) When submitting comments, remember Registration No. 33688–5) and the two or other information whose disclosure is to: remaining amitrole end-use products restricted by statute. i. Identify the document by docket ID (EPA Registration Nos. 33688–6 and • Mail: OPP Docket, Environmental number and other identifying 33688–10). These are the last three Protection Agency Docket Center (EPA/ information (subject heading, Federal amitrole products registered for use in DC), (28221T), 1200 Pennsylvania Ave. Register date and page number). the United States. NW., Washington, DC 20460–0001. ii. Follow directions. The Agency may Unless the Agency determines that Submit written withdrawal request by ask you to respond to specific questions there are substantive comments that mail to: Pesticide Re-Evaluation or organize comments by referencing a warrant further review of the requests or Division (7508P), Office of Pesticide Code of Federal Regulations (CFR) part the registrants withdraw their requests, Programs, Environmental Protection or section number. EPA intends to issue an order in the Agency, 1200 Pennsylvania Ave. NW., iii. Explain why you agree or disagree; Federal Register canceling all of the Washington, DC 20460–0001. ATTN: suggest alternatives and substitute affected registrations listed in Table 1 of John W. Pates, Jr. language for your requested changes. this unit.

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TABLE 1—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration No. Product name Chemical name

000100–00736 ...... Banner GL ...... Propiconazole. 000100–00737 ...... Tilt Gel Fungicide ...... Propiconazole. 000400–00587 ...... Technical Orthosulfamuron ...... Orthosulfamuron. 000400–00588 ...... Percutio GR ...... Orthosulfamuron. 000400–00589 ...... Percutio WG ...... Orthosulfamuron. 000400–00590 ...... Percutio XT ...... Orthosulfamuron. 012455–00134 ...... Technical Hydramethylnon ...... Hydramethylnon. 033688–00005 ...... Technical Amitrole ...... Amitrole. 033688–00006 ...... Maxata Brand Industrial Herbicide ...... Amitrole. 033688–00010 ...... Maxata Water Soluble Granules ...... Amitrole. 062190–00008 ...... Wolman Concentrate 72% ...... Arsenic Oxide (As2O5), Chromic Acid, Cupric Oxide. CA–100005 ...... Terad 3 Ag Pellets ...... 9,10-Secocholesta-5,7,10(19)-trien-3-ol, (3 beta.,5Z,7E)-. NC–090005 ...... Milestone VM ...... Triisoprpoanolamine salt of aminopyralid. NC–100004 ...... Milestone VM ...... Triisoprpoanolamine salt of aminopyralid. WA–980019 ...... Agri-Mek 0.15 EC, Miticide/Insecticide ...... Abamectin. WI–110003 ...... Lorsban 15G ...... Chlorpyrifos. WI–110005 ...... Spartan 4F ...... Sulfentrazone.

Table 2 of this unit includes the this unit, in sequence by EPA company numbers of the products listed in this names and addresses of record for all number. This number corresponds to unit. registrants of the products in Table 1 of the first part of the EPA registration

TABLE 2—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION

EPA Company No. Company name and address

100 WA–980019 ...... Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419–8300. 400 ...... Chemtura Corporation, 199 Benson Road, Middlebury, CT 06749. 12455, CA–100005 ...... Bell Laboratories, Inc., 3699 Kinsman Blvd., Madison, WI 53704. 33688 ...... Nufarm SA, Agent: Nufarm Americas, Inc., 4020 Aerial Center Parkway, Suite 101, Morrisville, NC 27560. 62190 ...... Arch Wood Protection, Inc., 5660 New Northside Drive NW., Suite 1100, Atlanta, GA 30328. NC–090005, NC–100004, WI– Dow AgroSciences LLC, 9330 Zionsville Rd, 308/2E, Indianapolis, IN 46268–1054. 110003. WI–110005 ...... FMC Corp., Agricultural Products Group, ATTN: Michael C. Zucker, 1735 Market St., Room 1978, Philadel- phia, PA 19103.

III. What is the agency’s authority for The registrants in Table 2 of Unit II. these pesticide products, upon taking this action? have not requested that EPA waive the cancellation of the products identified 180-day comment period. Accordingly, Section 6(f)(1) of FIFRA provides that in Table 1 of Unit II., EPA anticipates EPA will provide a 180-day comment a registrant of a pesticide product may allowing registrants to sell and period on the proposed requests. at any time request that any of its distribute existing stocks of these pesticide registrations be canceled. IV. Procedures for Withdrawal of products for 1 year after publication of FIFRA further provides that, before Request the Cancellation Order in the Federal Register. Thereafter, registrants will be acting on the request, EPA must publish Registrants who choose to withdraw a a notice of receipt of any such request prohibited from selling or distributing request for cancellation should submit the pesticides identified in Table 1 of in the Federal Register. such withdrawal in writing to the Unit II., except for export consistent Section 6(f)(1)(B) of FIFRA requires person listed under FOR FURTHER with FIFRA section 17 or for proper that before acting on a request for INFORMATION CONTACT. If the products voluntary cancellation, EPA must have been subject to a previous disposal persons other than the provide a 30-day public comment cancellation action, the effective date of registrants will generally be allowed to period on the request for voluntary cancellation and all other provisions of sell, distribute, or use existing stocks cancellation or use termination. In any earlier cancellation action are until such stocks are exhausted, addition, FIFRA section 6(f)(1)(C) controlling. provided that such sale, distribution, or requires that EPA provide a 180-day use is consistent with the terms of the comment period on a request for V. Provisions for Disposition of Existing previously approved labeling on, or that voluntary cancellation or termination of Stocks accompanied, the canceled products. any minor agricultural use before Existing stocks are those stocks of List of Subjects granting the request, unless: registered pesticide products that are 1. The registrants request a waiver of currently in the United States and that Environmental protection, Pesticides the comment period, or were packaged, labeled, and released for and pests. 2. The EPA Administrator determines shipment prior to the effective date of that continued use of the pesticide the cancellation action, because the would pose an unreasonable adverse Agency has identified no significant effect on the environment. potential risk concerns associated with

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Dated: August 21, 2013. Washington, DC 20460; telephone: (202) notice, the Agency will accept written Linda Arrington, 564–5601; fax number (202) 564–5603; comments relating to the proposed Acting Director, Pesticide Re-Evaluation email address: [email protected]. consent decree from persons who are Division, Office of Pesticide Programs. SUPPLEMENTARY INFORMATION: not named as parties or intervenors to [FR Doc. 2013–21021 Filed 8–27–13; 8:45 am] the litigation in question. EPA or the I. Additional Information About the BILLING CODE 6560–50–P Department of Justice may withdraw or Proposed Consent Decree withhold consent to the proposed The proposed consent decree would consent decree if the comments disclose ENVIRONMENTAL PROTECTION resolve a lawsuit filed by Sandra L. Bahr facts or considerations that indicate that AGENCY and David Matusow (‘‘Plaintiffs’’) such consent is inappropriate, seeking to compel the Administrator to improper, inadequate, or inconsistent Proposed Consent Decree, Clean Air take actions under CAA section with the requirements of the Act. Unless Act Citizen Suit 110(c)(1) to promulgate a federal EPA or the Department of Justice AGENCY: Environmental Protection implementation plan (‘‘FIP’’) for the determines that consent to this consent Agency (EPA). State of Arizona. A portion of Arizona, decree should be withdrawn, the decree including Maricopa County and a part ACTION: Notice of proposed consent will be affirmed. of Pinal County, is designated decree; request for public comment. nonattainment for the National Ambient II. Additional Information About Commenting on the Proposed Consent SUMMARY: In accordance with section Air Quality Standard (‘‘NAAQS’’) for 113(g) of the Clean Air Act, as amended particulate matter ten microns in Decree (‘‘CAA’’ or the ‘‘Act’’), notice is hereby diameter or less (‘‘PM10’’). This area is A. How can I get a copy of the consent given of a proposed consent decree to classified as a ‘‘serious’’ PM10 decree? address a lawsuit filed by Sandra L. nonattainment area. Because the area had not attained the NAAQS by the The official public docket for this Bahr and David Matusow in the United action (identified by Docket ID No. States District Court for the District of applicable statutory attainment date, Arizona was required to submit a EPA–HQ–OGC–2013–0609) contains a Arizona: Bahr, et al. v. McCarthy, No. copy of the proposed consent decree. 2:13–cv–00872 SMM (D. AZ). On April revision to its state implementation plan The official public docket is available 30, 2013, Plaintiffs filed a complaint (‘‘SIP’’) to meet the requirements of for public viewing at the Office of alleging that EPA failed to perform a CAA section 189(d). On February 14, Environmental Information (OEI) Docket mandatory duty under CAA section 2011, EPA found that Arizona failed to in the EPA Docket Center, EPA West, 110(c)(1) to promulgate a federal make the SIP submission required under Room 3334, 1301 Constitution Ave. implementation plan for the State of CAA section 189(d) by the required NW., Washington, DC. The EPA Docket Arizona that arose as a result of EPA’s deadline. This finding of failure to Center Public Reading Room is open February 14, 2011, finding of failure to submit started a 2-year clock under CAA from 8:30 a.m. to 4:30 p.m., Monday submit a revision to the state section 110(c)(1) for EPA to promulgate through Friday, excluding legal implementation plan required under a FIP to meet the obligations of CAA CAA section 189(d), by the required section 189(d). EPA did not promulgate holidays. The telephone number for the deadline. The proposed consent decree the required FIP by the statutory Public Reading Room is (202) 566–1744, establishes deadlines for EPA to take deadline and this is the basis for the and the telephone number for the OEI action. Plaintiffs’ mandatory duty lawsuit at Docket is (202) 566–1752. issue in the proposed consent decree. An electronic version of the public DATES: Written comments on the The proposed consent decree docket is available through proposed consent decree must be provides that no later than January 14, www.regulations.gov. You may use received by September 27, 2013. 2014, a notice or notices of the Agency’s www.regulations.gov to submit or view ADDRESSES: Submit your comments, proposed action or actions to either public comments, access the index identified by Docket ID number EPA– approve a SIP, promulgate a FIP, or listing of the contents of the official HQ–OGC–2013–0609, online at approve a SIP in part with the public docket, and to access those www.regulations.gov (EPA’s preferred promulgation of a partial FIP to address documents in the public docket that are method); by email to oei.docket@ the requirements of CAA section 189(d). available electronically. Once in the epa.gov; by mail to EPA Docket Center, The proposed consent decree also system, key in the appropriate docket Environmental Protection Agency, provides that no later than June 2, 2014, identification number then select Mailcode: 2822T, 1200 Pennsylvania a notice or notices of the Agency’s final ‘‘search’’. Ave. NW., Washington, DC 20460–0001; action or actions to either approve a SIP, It is important to note that EPA’s or by hand delivery or courier to EPA promulgate a FIP, or approve a SIP in policy is that public comments, whether Docket Center, EPA West, Room 3334, part with the promulgation of a partial submitted electronically or in paper, 1301 Constitution Ave. NW., FIP to address the requirements of CAA will be made available for public Washington, DC, between 8:30 a.m. and section 189(d). The proposed consent viewing online at www.regulations.gov 4:30 p.m. Monday through Friday, decree requires that no later than 15 without change, unless the comment excluding legal holidays. Comments on business days following signature of contains copyrighted material, CBI, or a disk or CD–ROM should be formatted each notice, EPA shall send the notice other information whose disclosure is in Word or ASCII file, avoiding the use or notices to the Office of the Federal restricted by statute. Information of special characters and any form of Register for review and publication in claimed as CBI and other information encryption, and may be mailed to the the Federal Register. After EPA fulfills whose disclosure is restricted by statute mailing address above. its obligations under the proposed is not included in the official public FOR FURTHER INFORMATION CONTACT: consent decree, the consent decree shall docket or in the electronic public Geoffrey L. Wilcox, Air and Radiation be terminated and the case dismissed docket. EPA’s policy is that copyrighted Law Office (2344A), Office of General with prejudice. material, including copyrighted material Counsel, U.S. Environmental Protection For a period of thirty (30) days contained in a public comment, will not Agency, 1200 Pennsylvania Ave. NW., following the date of publication of this be placed in EPA’s electronic public

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docket but will be available only in ENVIRONMENTAL PROTECTION Risk Information System (IRIS). The printed, paper form in the official public AGENCY SAB and the CAAC, augmented with docket. Although not all docket additional experts, will comply with the [FRL–9900–45–OA] materials may be available provisions of FACA and all appropriate electronically, you may still access any Request for Nominations of Experts To SAB Staff Office procedural policies. of the publicly available docket Augment the Science Advisory Board The National Center for materials through the EPA Docket Chemical Assessment Advisory Environmental Assessment (NCEA) in Center. Committee for the Review of the EPA’s the EPA’s Office of Research and Development (ORD) develops Draft Toxicological Assessments for B. How and to whom do I submit toxicological reviews/assessments for Ammonia, Trimethylbenzenes and the comments? various chemicals for EPA’s Integrated Evaluation of Inhalation Risk Information System (IRIS). NCEA Carcinogenicity of Ethylene Oxide You may submit comments as has developed two separate draft IRIS provided in the ADDRESSES section. AGENCY: Environmental Protection assessments for ammonia and Please ensure that your comments are Agency (EPA). trimethylbenzenes, and a draft submitted within the specified comment ACTION: Notice. evaluation of the inhalation period. Comments received after the carcinogenicity for ethylene oxide for close of the comment period will be SUMMARY: The EPA Science Advisory IRIS. NCEA has asked the SAB to peer marked ‘‘late.’’ EPA is not required to Board (SAB) Staff Office requests public review draft documents for ammonia, consider these late comments. nominations of scientific experts to trimethylbenzenes, and ethylene oxide. If you submit an electronic comment, augment the SAB Chemical Assessment The SAB Staff Office is seeking experts EPA recommends that you include your Advisory Committee (CAAC) to form to augment the SAB CAAC to form three name, mailing address, and an email three panels for the review of: (1) The separate panels to conduct the peer address or other contact information in EPA’s draft Toxicological Review of reviews. the body of your comment and with any Ammonia; (2) the EPA’s draft (1) NCEA’s draft Toxicological Review disk or CD ROM you submit. This Toxicological Review of of Ammonia (August 2013) represents a ensures that you can be identified as the Trimethylbenzenes; and (3) the EPA’s reassessment of the toxicity of ammonia. submitter of the comment and allows draft Evaluation of the Inhalation The assessment and proposed charge EPA to contact you in case EPA cannot Carcinogenicity of Ethylene Oxide In questions may be found at the following read your comment due to technical Support of Summary Information on the URL: http://yosemite.epa.gov/sab/ _ difficulties or needs further information Integrated Risk Information System sabproduct.nsf/fedrgstr activites/ on the substance of your comment. Any (IRIS). IRIS%20Ammonia?OpenDocument. The ammonia assessment currently posted to identifying or contact information DATES: Nominations should be the IRIS database includes an inhalation provided in the body of a comment will submitted by September 18, 2013 per reference concentration (RfC, posted in be included as part of the comment that the instructions below. is placed in the official public docket, 1991). For the 2013 draft review, NCEA FOR FURTHER INFORMATION CONTACT: Any evaluated epidemiological data, and made available in EPA’s electronic member of the public wishing further public docket. If EPA cannot read your experimental animal data, and other information regarding this Notice and relevant data from studies of the comment due to technical difficulties Request for Nominations may contact and cannot contact you for clarification, noncancer and cancer effects of the appropriate Designated Federal ammonia. This reassessment includes EPA may not be able to consider your Officer for the specific review, as comment. an inhalation RfC and a qualitative identified below. Nominators unable to cancer descriptor. The assessment does Use of the www.regulations.gov Web submit nominations electronically as not include an oral reference dose (RfD) site to submit comments to EPA described below may contact the or a quantitative cancer assessment electronically is EPA’s preferred method Designated Federal Officers for because NCEA considered that adequate for receiving comments. The electronic assistance. General information information was not available. public docket system is an ‘‘anonymous concerning the EPA SAB can be found (2) NCEA’s draft Toxicological Review access’’ system, which means EPA will at the EPA SAB Web site at http:// of Trimethylbenzenes (August 2013) is not know your identity, email address, www.epa.gov/sab. the first IRIS assessment developed for or other contact information unless you SUPPLEMENTARY INFORMATION: trimethylbenzenes (TMBs), including provide it in the body of your comment. Background: The SAB (42 U.S.C. 1,2,3–TMB; 1,2,4–TMB; 1,3,5–TMB. The In contrast to EPA’s electronic public 4365) is a chartered Federal Advisory assessment and proposed charge docket, EPA’s electronic mail (email) Committee that provides independent questions may be found at the following system is not an ‘‘anonymous access’’ scientific and technical peer review, URL: http://yosemite.epa.gov/sab/ system. If you send an email comment advice, consultation, and sabproduct.nsf/fedrgstr_activites/ directly to the Docket without going recommendations to the EPA IRIS%20Trimethylbenzenes? through www.regulations.gov, your Administrator on the technical basis for OpenDocument. NCEA has evaluated email address is automatically captured EPA actions. As a Federal Advisory experimental animal data and other and included as part of the comment Committee, the SAB conducts business relevant noncancer data in this that is placed in the official public in accordance with the Federal assessment. The assessment includes an docket, and made available in EPA’s Advisory Committee Act (FACA) (5 inhalation RfC, oral RfD, and qualitative electronic public docket. U.S.C. App. 2) and related regulations. cancer descriptor for each isomer. The Dated: August 20, 2013. The SAB Chemical Assessment assessment does not include a Advisory Committee (CAAC) is a quantitative cancer assessment. Lorie J. Schmidt, subcommittee of the SAB that provides (3) NCEA has developed a draft Associate General Counsel. advice through the chartered SAB Evaluation of the Inhalation [FR Doc. 2013–21023 Filed 8–27–13; 8:45 am] regarding assessments of environmental Carcinogenicity of Ethylene Oxide (July BILLING CODE 6560–50–P chemicals available on EPA’s Integrated 2013 Draft). The draft evaluation and

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proposed charge questions may be Thomas Carpenter, Designated Federal nominees identified by respondents to found at the following URL: http:// Officer (DFO), SAB Staff Office, by this Federal Register notice, and yosemite.epa.gov/sab/sabproduct.nsf/ telephone/voice mail at (202) 564–4885, additional experts identified by the SAB fedrgstr_activites/Eto%20Inhalation by fax at (202) 565–2098, or via email Staff, will be posted in a List of %20Carcinogenicity?OpenDocument. at [email protected]. Candidates for each of the three panels This draft evaluation has been revised (3) For the peer review of the EPA’s on the SAB Web site at http:// based on recommendations provided by draft Evaluation of the Inhalation www.epa.gov/sab. Public comments on the SAB in 2007 resulting from their Carcinogenicity of Ethylene Oxide, the each List of Candidates will be accepted peer review of an earlier version of the SAB Staff Office is seeking expertise in for 21 days. The public will be carcinogenicity assessment. The SAB epidemiology, biostatistics, exposure- requested to provide relevant report, Review of Office of Research and response modeling, genotoxicity, cancer information or other documentation on Development (ORD) draft assessment biology, and risk assessment. Questions nominees that the SAB Staff Office entitled, ‘‘Evaluation of the regarding this review may be directed to should consider in evaluating Carcinogenicity of Ethylene Oxide’’ Mr. Aaron Yeow, Designated Federal candidates. (EPA–SAB–08–004), is available at: Officer (DFO), SAB Staff Office, by For the EPA SAB Staff Office a http://yosemite.epa.gov/sab/ telephone/voice mail at (202) 564–2050, balanced review panel includes sabproduct.nsf/02ad90b136fc21e by fax at (202) 565–2098, or via email candidates who possess the necessary f85256eba00436459/ at [email protected]. domains of knowledge, the relevant 5D661BC118B527A385257 Process and Deadline for Submitting scientific perspectives (which, among 3B80068C97B/$File/EPA-SAB-08-004- Nominations: Any interested person or other factors, can be influenced by work unsigned.pdf. organization may nominate qualified history and affiliation), and the Technical Contact for EPA’s draft individuals in the areas of expertise collective breadth of experience to assessments: For information described above for possible service on adequately address the charge. In concerning the EPA draft assessments, any of the augmented CAAC panels forming these expert panels, the SAB please contact Dr. Samantha Jones, identified in this notice. Staff Office will consider public National Center for Environmental Nominations should be submitted in comments on the Lists of Candidates, Assessment, Office of Research and electronic format (preferred over hard information provided by the candidates Development, U.S. EPA, 1200 copy) following the instructions for themselves, and background Pennsylvania Avenue NW., Mail Code ‘‘Nominating Experts to Advisory Panels information independently gathered by 8601P, Washington, DC 20460, phone and Ad Hoc Committees Being the SAB Staff Office. Selection criteria (703) 347–8580 or via email at Formed,’’ http://www.epa.gov/sab to be used for panel membership [email protected]. provided on the SAB Web site (see the include: (a) Scientific and/or technical Request For Nominations: The SAB ‘‘Nomination of Experts’’ link on the expertise, knowledge, and experience Staff Office is seeking nominations of blue navigational bar at http:// (primary factors); (b) availability and nationally and internationally www.epa.gov/sab). To receive full willingness to serve; (c) absence of recognized scientists with demonstrated consideration, nominations should financial conflicts of interest; (d) expertise and research to augment the include all of the information requested absence of an appearance of a loss of CAAC for three separate review panels. below. impartiality; (e) skills working in (1) For the peer review of the EPA’s EPA’s SAB Staff Office requests committees, subcommittees and draft Toxicological Review of Ammonia, contact information about the person advisory panels; and, (f) for the panel as the SAB Staff Office seeks experts in making the nomination; contact a whole, diversity of expertise and one or more of the following areas, with information about the nominee; the scientific points of view. a particular focus on ammonia: disciplinary and specific areas of The SAB Staff Office’s evaluation of toxicology of ammonia (and ammonium expertise of the nominee; the nominee’s an absence of financial conflicts of compounds); epidemiology with resume or curriculum vitae; sources of interest will include a review of the experience in respiratory effects (i.e., recent grant and/or contract support; ‘‘Confidential Financial Disclosure irritants and measures of lung function); and a biographical sketch of the Form for Special Government toxicokinetics and the role of nominee indicating current position, Employees Serving on Federal Advisory endogenous ammonia in maintaining educational background, research Committees at the U.S. Environmental nitrogen homeostasis; and inhalation activities, and recent service on other Protection Agency’’ (EPA Form 3110– toxicology. Questions regarding this national advisory committees or 48). This confidential form allows review should be directed to Dr. Sue national professional organizations. government officials to determine Shallal, Designated Federal Officer Persons having questions about the whether there is a statutory conflict (DFO), SAB Staff Office, by telephone/ nomination procedures, or who are between a person’s public voice mail at (202) 564–2057, by fax at unable to submit nominations through responsibilities (which include (202) 565–2098, or via email at the SAB Web site, should contact Dr. membership on an EPA federal advisory [email protected]. Sue Shallal, Mr. Thomas Carpenter, or committee) and private interests and (2) For the peer review of the EPA’s Mr. Aaron Yeow, as indicated above in activities, or the appearance of a lack of draft Toxicological Review of this notice. Nominations should be impartiality, as defined by federal Trimethylbenzenes, the SAB seeks submitted in time to arrive no later than regulation. The form may be viewed and experts in one or more of the following September 18, 2013. EPA values and downloaded from the following URL areas, particularly with respect to welcomes diversity. In an effort to address http://yosemite.epa.gov/sab/ trimethylbenzenes: Developmental obtain nominations of diverse sabproduct.nsf/Web/ neurotoxicity, developmental toxicity, candidates, EPA encourages ethics?OpenDocument. pharmacokinetic modeling, respiratory nominations of women and men of all The approved policy under which the and inhalation toxicology, racial and ethnic groups. EPA SAB Office selects members for hematological toxicology, and The EPA SAB Staff Office will subcommittees and review panels is carcinogenicity. Questions regarding acknowledge receipt of nominations. described in the following document: this review should be directed to Mr. The names and biosketches of qualified Overview of the Panel Formation

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Process at the Environmental Protection Minutes of Meetings of Board of shares of The Bank of Delmarva, Agency Science Advisory Board (EPA– Directors’’ on http://exim.gov/ Seaford, Delaware. SAB–EC–02–010), which is posted on newsandevents/boardmeetings/board/. B. Federal Reserve Bank of Chicago the SAB Web site at http:// Confidential Information: Please note (Colette A. Fried, Assistant Vice www.epa.gov/sab/pdf/ec02010.pdf. that this notice does not include President) 230 South LaSalle Street, Dated: August 19, 2013. confidential or proprietary business Chicago, Illinois 60690–1414: information; information which, if 1. Ann Kennedy Irish; Ann Kennedy Christopher Zarba, disclosed, would violate the Trade Irish, as trustee of the Ann Kennedy Acting Director, Science Advisory Board Staff Secrets Act; or information which Irish Trust; the Ann Kennedy Irish Office. would jeopardize jobs in the United Trust; David H. Irish, as trustee of the [FR Doc. 2013–20911 Filed 8–27–13; 8:45 am] States by supplying information that David H. Irish Trust; the David H. Irish BILLING CODE 6560–50–P competitors could use to compete with Trust; Susan Irish Stewart, as trustee of companies in the United States. the Susan Irish Stewart Revocable DATES: Comments must be received on Intervivos Trust; the Susan Irish Stewart EXPORT–IMPORT BANK or before September 23, 2013 to be Revocable Intervivos Trust, all of Harbor [Public Notice 2013–0039] assured of consideration before final Springs, Michigan; Tracy Irish Texter; consideration of the transaction by the Tracy Irish Texter; John F. Texter, as Application for Final Commitment for a Board of Directors of Ex-Im Bank. trustees of the John F. Texter and Tracy Long-Term Loan or Financial ADDRESSES: Comments may be I. Texter Trust; the John F. Texter and Guarantee in Excess of $100 Million: submitted through Regulations.gov at Tracy I. Texter Trust, all of Middleville, AP088147XX WWW.REGULATIONS.GOV. To submit Michigan; Colin David Irish, Marquette, Michigan; Perry Irish Hodgson; AGENCY: a comment, enter EIB–2013–0039 under Export-Import Bank of the Alexander Irish Hodgson, and Raymond United States. the heading ‘‘Enter Keyword or ID’’ and select Search. Follow the instructions Earhart Hodgson, all of Charlevoix, ACTION: Notice. provided at the Submit a Comment Michigan; and Liam Foster Hodgson, Beaver Island, Michigan; all as members SUMMARY: This Notice is to inform the screen. Please include your name, of the Hodgson Family Control Group, public, in accordance with Section company name (if any) and EIB–2013– to retain voting shares of Charlevoix 3(c)(10) of the Charter of the Export- 0039 on any attached document. First Corporation, and thereby indirectly Import Bank of the United States (‘‘Ex- Cristopolis A. Dieguez, retain voting shares of Charlevoix State Im Bank’’), that Ex-Im Bank has received Program Specialist, Office of General Counsel. Bank, both in Charlevoix, Michigan. an application for final commitment for [FR Doc. 2013–20901 Filed 8–27–13; 8:45 am] a long-term loan or financial guarantee Board of Governors of the Federal Reserve in excess of $100 million (as calculated BILLING CODE 6690–01–P System, August 23, 2013. in accordance with Section 3(c)(10) of Margaret McCloskey Shanks, the Charter). Comments received within Deputy Secretary of the Board. FEDERAL RESERVE SYSTEM the comment period specified below [FR Doc. 2013–20998 Filed 8–27–13; 8:45 am] will be presented to the Ex-Im Bank Change in Bank Control Notices; BILLING CODE 6210–01–P Board of Directors prior to final action Acquisitions of Shares of a Bank or on this Transaction. Bank Holding Company Reference: AP088147XX. DEPARTMENT OF HEALTH AND Purpose and Use: The notificants listed below have HUMAN SERVICES Brief description of the purpose of the applied under the Change in Bank transaction: Control Act (12 U.S.C. 1817(j)) and Office of the Secretary To support the export of U.S.- § 225.41 of the Board’s Regulation Y (12 [Document Identifier: HHS–OS–20358–60D] manufactured commercial aircraft to CFR 225.41) to acquire shares of a bank Hong Kong. or bank holding company. The factors Agency Information Collection Brief non-proprietary description of that are considered in acting on the Activities; Proposed Collection; Public the anticipated use of the items being notices are set forth in paragraph 7 of Comment Request exported: the Act (12 U.S.C. 1817(j)(7)). To provide air cargo services globally. The notices are available for AGENCY: Office of the Secretary, HHS. To the extent that Ex-Im Bank is immediate inspection at the Federal ACTION: Notice. reasonably aware, the item(s) being Reserve Bank indicated. The notices exported may be used to produce also will be available for inspection at SUMMARY: In compliance with section exports or provide services in the offices of the Board of Governors. 3506(c)(2)(A) of the Paperwork competition with the exportation of Interested persons may express their Reduction Act of 1995, the Office of the goods or provision of services by a views in writing to the Reserve Bank Secretary (OS), Department of Health United States industry. indicated for that notice or to the offices and Human Services, announces plans Parties: of the Board of Governors. Comments to submit an Information Collection must be received not later than Request (ICR), described below, to the Principal Supplier: The Boeing September 12, 2013. Office of Management and Budget Company A. Federal Reserve Bank of Richmond (OMB). The ICR is for extending the use Obligor: Cathay Pacific Airways (Adam M. Drimer, Assistant Vice of the approved information collection Guarantor(s): N/A President) 701 East Byrd Street, assigned OMB control number 0990– Description of Items Being Exported: Richmond, Virginia 23261–4528: 0317, which expires on October 31, Boeing 747 aircraft 1. Kenneth Ray Lehman, Arlington 2013. Prior to submitting ICR to OMB, Information on Decision: Information Virginia; to acquire voting shares of OS seeks comments from the public on the final decision for this transaction Delmar Bancorp, Salisbury Maryland, regarding the burden estimate, below, or will be available in the ‘‘Summary and thereby indirectly acquire voting any other aspect of the ICR.

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DATES: Comments on the ICR must be exclusively by CDC; a supplement form that satisfactory progress is being made received on or before October 28, 2013. used exclusively by Substance Abuse on funded projects. ADDRESSES: Submit your comments to Mental Health Services Administration Likely Respondents: CDC, SAMHSA, Information.CollectionClearance@ (SAMHSA), and the Single Source IHS, OS, FDA, and HRSA hhs.gov or by calling (202) 690–6162. Agency (SSA) notification form, as well Burden Statement: Burden in this FOR FURTHER INFORMATION CONTACT: as continued use of the project abstract context means the time expended by Information Collection Clearance staff, form. In addition, HHS will continue to persons to generate, maintain, retain, Information.CollectionClearance@ include the use of the 5161–1 form for disclose or provide the information hhs.gov or (202) 690–6162. several emergency acts and funding that requested. This includes the time were the result of the September 11th SUPPLEMENTARY INFORMATION: When needed to review instructions, to submitting comments or requesting attack on the World Trade Center, develop, acquire, install and utilize information, please include the specifically, the Public Health technology and systems for the purpose document identifier HHS–OS–0990– Preparedness for Response to of collecting, validating and verifying 0317–60D for reference. Bioterrorism (Emergency Supplement) information, processing and Information Collection Request Title: (CDC), the Bioterrorism Hospital maintaining information, and disclosing HHS Supplemental Form to the SF–424 Preparedness Program cooperative and providing information, to train (HHS 5161–1) agreement (HRSA), and 2 emergency personnel and to be able to respond to OMB No.: 0990–0317. response grants from (SAMHSA). a collection of information, to search Abstract: HHS is requesting clearance Need and Proposed Use of the data sources, to complete and review for the Checklist and Program Narrative Information: Each agency’s financial the collection of information, and to & the Public Health System Impact assistance program evaluates the transmit or otherwise disclose the Statement (PHSIS), used by several information provided by the applicants information. The total annual burden former PHS agencies within HHS; CDC to select the ones most likely to meet hours estimated for this ICR are 0.1113 supplemental forms used program objectives and to determine summarized in the table below.

Avg. burden Forms No. of Response per per response Total burden respondents respondent (in hours) (in hours)

Program Narrative, Checklist, & Project Abstract ...... 7,338 1 4 29,373 Program Narrative, Checklist & Project Narrative (CDC) ...... 59 6 24 8,496 Program Narrative, Checklist, & Project Narrative (HRSA) ...... 59 1 50 2,950 CDC Form 0.1113 ...... 1,000 1 30/60 500 Public Health Impact Statement (PHSIS) ...... 2,845 2.5 10/60 1,185

Total ...... 42,691

OS specifically requests comments on DEPARTMENT OF HEALTH AND meetings and other committee (1) The necessity and utility of the HUMAN SERVICES management activities, for both the proposed information collection for the Centers for Disease Control and proper performance of the agency’s Centers for Disease Control and Prevention, and the Agency for Toxic functions, (2) the accuracy of the Prevention (CDC) Substances and Disease Registry. estimated burden, (3) ways to enhance Advisory Board on Radiation and Catherine Ramadei, the quality, utility, and clarity of the Worker Health: Notice of Charter Acting Director, Management Analysis and information to be collected, and (4) the Renewal Services Office, Centers for Disease Control use of automated collection techniques and Prevention. or other forms of information This gives notice under the Federal [FR Doc. 2013–20974 Filed 8–27–13; 8:45 am] technology to minimize the information Advisory Committee Act (Pub. L. 92– BILLING CODE 4163–18–P collection burden. 463) of October 6, 1972, that the Advisory Board on Radiation and Darius Taylor, Worker Health, Department of Health DEPARTMENT OF HEALTH AND Deputy Information Collection Clearance and Human Services, has been renewed HUMAN SERVICES Officer. for a 2-year period through August 3, [FR Doc. 2013–20959 Filed 8–27–13; 8:45 am] 2015. Centers for Disease Control and Prevention BILLING CODE 4151–17–P For Further Information Contact: Mr. Theodore Katz, Designated Federal Subcommittee for Dose Officer, Advisory Board on Radiation Reconstruction Reviews (SDRR), and Worker Health, Department of Advisory Board on Radiation and Health and Human Services, 1600 Worker Health (ABRWH or the Clifton Road, M/S E20, Atlanta, Georgia, Advisory Board), National Institute for 30341, telephone 404/498–2533, or fax Occupational Safety and Health 404/498–2570. (NIOSH) The Director, Management Analysis and Services Office, has been delegated In accordance with section 10(a)(2) of the authority to sign Federal Register the Federal Advisory Committee Act notices pertaining to announcements of (Pub. L. 92–463), the Centers for Disease

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Control and Prevention (CDC), Matters to Be Discussed: The agenda meeting live via Webcast at hhtp:// announces the following meeting for the for the Subcommittee meeting includes: www.cms.gov/live/. aforementioned subcommittee: dose reconstruction program quality Security Considerations: Due to Time and Date: 10:00 a.m.–5:00 p.m., management and assurance activities, increased security requirements CMS September 30, 2013. including: current findings from NIOSH has instituted stringent procedures for Place: Audio Conference Call via FTS internal dose reconstruction blind entrance into the building by non- Conferencing. The USA toll-free, dial-in reviews; and discussion of dose government employees. Attendees will number is 1–866–659–0537 and the pass reconstruction cases under review (set need to present valid government-issued code is 9933701. 9, and Rocky Flats Plant, Los Alamos picture identification, and sign-in at the Status: Open to the public, but National Laboratory, and Paducah and security desk upon entering the without a public comment period. To Portsmouth Gaseous Diffusion Plants building. Attendees who wish to attend access by conference call dial the cases from sets 10–13). the September 18–19, 2013, ICD–9–CM following information 1(866) 659–0537, The agenda is subject to change as C&M meeting must submit their name Participant Pass Code 9933701. priorities dictate. and organization by September 6, 2013, Background: The Advisory Board was for inclusion on the visitor list. This established under the Energy Employees In the event an individual cannot attend, written comments may be visitor list will be maintained at the Occupational Illness Compensation front desk of the CMS building and used Program Act of 2000 to advise the submitted. Any written comments received will be provided at the meeting by the guards to admit visitors to the President on a variety of policy and meeting. technical functions required to and should be submitted to the contact person below well in advance of the Participants who attended previous implement and effectively manage the ICD–9–CM C&M meetings will no longer new compensation program. Key meeting. Contact Person for More Information: be automatically added to the visitor functions of the Advisory Board include list. You must request inclusion of your providing advice on the development of Theodore Katz, Designated Federal Official, NIOSH, CDC, 1600 Clifton name prior to each meeting you wish probability of causation guidelines that attend. have been promulgated by the Road, Mailstop E–20, Atlanta, Georgia 30333, Telephone (513) 533–6800, Toll Please register to attend the meeting Department of Health and Human on-line at: http://www.cms.hhs.gov/ Services (HHS) as a final rule; advice on Free 1(800) CDC–INFO, Email ocas@ cdc.gov. apps/events/. methods of dose reconstruction, which Please contact Mady Hue (410–786– The Director, Management Analysis have also been promulgated by HHS as 4510 or [email protected]), for and Services Office, has been delegated a final rule; advice on the scientific questions about the registration process. validity and quality of dose estimation the authority to sign Federal Register Purpose: The ICD–9–CM Coordination and reconstruction efforts being notices pertaining to announcements of and Maintenance (C&M) Committee is a performed for purposes of the meetings and other committee public forum for the presentation of compensation program; and advice on management activities, for both the proposed modifications to the petitions to add classes of workers to the Centers for Disease Control and International Classification of Diseases, Special Exposure Cohort (SEC). Prevention and the Agency for Toxic Ninth Revision, Clinical Modification, In December 2000, the President Substances and Disease Registry. the International Classification of delegated responsibility for funding, Catherine Ramadei, Diseases, Tenth Revision, Clinical staffing, and operating the Advisory Modification and ICD–10-Procedure Board to HHS, which subsequently Acting Director, Management Analysis and Services Office, Centers for Disease Control Coding System. delegated this authority to CDC. NIOSH and Prevention. Matters To Be Discussed: Agenda implements this responsibility for CDC. items include: September 18–19, 2013. The charter was issued on August 3, [FR Doc. 2013–20973 Filed 8–27–13; 8:45 am] BILLING CODE 4163–18–P ICD–10 Topics: 2001, renewed at appropriate intervals, Insertion of bone graft and will expire on August 3, 2015. Implantation of neurostimulation device Purpose: The Advisory Board is DEPARTMENT OF HEALTH AND ICD–10 Updates charged with (a) providing advice to the HUMAN SERVICES ICD–10–CM Diagnosis Topics: Secretary, HHS, on the development of Gastrointestinal Stromal Tumors guidelines under Executive Order Centers for Disease Control and Hearing Loss 13179; (b) providing advice to the Prevention Low lying placenta Secretary, HHS, on the scientific Mental and Behavioral disorders validity and quality of dose National Center for Health Statistics Neurology topics reconstruction efforts performed for this (NCHS), Classifications and Public Observation and evaluation for program; and (c) upon request by the Health Data Standards Staff, newborns Secretary, HHS, advise the Secretary on Announces the Following Meeting Oromaxillofacial Disorders whether there is a class of employees at Pediatric topics any Department of Energy facility who Name: ICD–9–CM Coordination and Periorbital and Preseptal Cellulitis were exposed to radiation but for whom Maintenance (C&M) Committee meeting. Periprosthetic Fractures it is not feasible to estimate their Time and Date: 9:00 a.m.–5:00 p.m., Traumatic Brain Injury radiation dose, and on whether there is September 18–19, 2013. Unintended awareness under general reasonable likelihood that such Place: Centers for Medicare and anesthesia radiation doses may have endangered Medicaid Services (CMS) Auditorium, Vaccine and prophylactic the health of members of this class. The 7500 Security Boulevard, Baltimore, immunotherapy administration ICD– Subcommittee for Dose Reconstruction Maryland 21244. 10–CM Addendum Reviews was established to aid the Status: Open to the public, limited Agenda items are subject to change as Advisory Board in carrying out its duty only by the space available. The meeting priorities dictate. to advise the Secretary, HHS, on dose room accommodates approximately 240 Note: CMS and NCHS will no longer reconstruction. people. We will be broadcasting the provide paper copies of handouts for the

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meeting. Electronic copies of all meeting Cindy Melanson, (410) 786–0310. accrediting organizations to reapply for materials will be posted on the CMS and Patricia Chmielewski, (410) 786–6899. continued approval of its accreditation NCHS Web sites prior to the meeting at SUPPLEMENTARY INFORMATION: program every 6 years or sooner as http://www.cms.hhs.gov/ determined by CMS. ICD9ProviderDiagnosticCodes/03_ I. Background meetings.asp#TopOfPage and http:// The American Osteopathic www.cdc.gov/nchs/icd/icd9cm_ Under the Medicare program, eligible Association/Healthcare Facilities maintenance.htm beneficiaries may receive covered Accreditation Program’s (AOA/HFAP) services in a hospital provided certain current term of approval for their Contact Persons for Additional requirements are met. Section 1861(e) of hospital accreditation program expires Information: Donna Pickett, Medical the Social Security Act (the Act) September 25, 2013. Systems Administrator, Classifications establishes distinct criteria for facilities and Public Health Data Standards Staff, seeking designation as a hospital. II. Application Approval Process NCHS, 3311 Toledo Road, Room 2337, Regulations concerning provider Section 1865(a)(3)(A) of the Act Hyattsville, Maryland 20782, email agreements are at 42 CFR part 489 and provides a statutory timetable to ensure [email protected], telephone 301–458–4434 those pertaining to activities relating to that our review of applications for CMS- (diagnosis); Mady Hue, Health the survey and certification of facilities approval of an accreditation program is Insurance Specialist, Division of Acute are at 42 CFR part 488. The regulations conducted in a timely manner. The Act Care, CMS, 7500 Security Boulevard, at 42 CFR part 482 specify the provides us 210 days after the date of Baltimore, Maryland, 21244, email conditions that a hospital must meet to receipt of a complete application, with [email protected], telephone participate in the Medicare program, the any documentation necessary to make 410–786–4510 (procedures). scope of covered services, and the the determination, to complete our The Director, Management Analysis conditions for Medicare payment for survey activities and application and Services Office, has been delegated hospitals. process. Within 60 days after receiving the authority to sign Federal Register Generally, to enter into an agreement, a complete application, we must notices pertaining to announcements of a hospital must first be certified by a publish a notice in the Federal Register meetings and other committee State survey agency as complying with that identifies the national accrediting management activities, for both the the conditions or requirements set forth body making the request, describes the Centers for Disease Control and in part 482. Thereafter, the hospital is request, and provides no less than a 30- Prevention, and the Agency for Toxic subject to regular surveys by a State day public comment period. At the end Substances and Disease Registry. survey agency to determine whether it of the 210-day period, we must publish Catherine Ramadei, continues to meet these requirements. a notice in the Federal Register Acting Director, Management Analysis and However, there is an alternative to approving or denying the application. Services Office, Centers for Disease Control surveys by state agencies. Certification and Prevention. by a nationally recognized accreditation III. Provisions of the Proposed Notice [FR Doc. 2013–20976 Filed 8–27–13; 8:45 am] program can substitute for ongoing state On March 22, 2013, we published a BILLING CODE 4163–18–P review. proposed notice in the Federal Register Section 1865(a)(1) of the Act provides (78 FR 17677) announcing AOA/HFAP’s that, if a provider entity demonstrates request for approval of its hospital DEPARTMENT OF HEALTH AND through accreditation by an approved accreditation program. In the proposed HUMAN SERVICES national accrediting organization that all notice, we detailed our evaluation applicable Medicare conditions are met criteria. Under section 1865(a)(2) of the Centers for Medicare & Medicaid or exceeded, CMS will deem those Act and in our regulations at § 488.4 and Services provider entities as having met the § 488.8, we conducted a review of AOA/ requirements. Accreditation by an [CMS–3281–FN] HFAP’s application in accordance with accrediting organization is voluntary the criteria specified by our regulations, Medicare and Medicaid Programs: and is not required for Medicare which include, but are not limited to the Continued Approval of American participation. following: Osteopathic Association/Healthcare If an accrediting organization is • An onsite administrative review of Facilities Accreditation Program (AOA/ recognized by the Secretary of the AOA/HFAP’s: (1) Corporate policies; (2) HFAP’s) Hospital Accreditation Department of Health and Human financial and human resources available Program Services as having standards for to accomplish the proposed surveys; (3) accreditation that meet or exceed procedures for training, monitoring, and AGENCY: Centers for Medicare & Medicare requirements, any provider evaluation of its surveyors; (4) ability to Medicaid Services, HHS. entity accredited by the national investigate and respond appropriately to ACTION: Final notice. accrediting body’s approved program complaints against accredited facilities; would be deemed to have met the and (5) survey review and decision- SUMMARY: This final notice announces Medicare conditions. A national making process for accreditation. our decision to approve American accrediting organization applying for • The comparison of AOA/HFAP’s Osteopathic Association/Healthcare approval of its accreditation program accreditation to our current Medicare Facilities Accreditation Program (AOA/ under part 488, subpart A, must provide hospital conditions of participation. HFAP) for continued recognition as a CMS with reasonable assurance that the • A documentation review of AOA/ national accrediting organization for accrediting organization requires the HFAP’s survey process to: hospitals that wish to participate in the accredited provider entities to meet ++ Determine the composition of the Medicare or Medicaid programs. requirements that are at least as survey team, surveyor qualifications, DATES: This final notice is effective stringent as the Medicare conditions. and AOA/HFAP’s ability to provide September 25, 2013 through September Our regulations concerning the continuing surveyor training. 25, 2019. approval of accrediting organizations ++ Compare AOA/HFAP’s processes FOR FURTHER INFORMATION CONTACT: are set forth at § 488.4 and § 488.8(d)(3). to those of state survey agencies, Valarie Lazerowich, (410) 786–4750. The regulations at § 488.8(d)(3) require including survey frequency, and the

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ability to investigate and respond • To meet the requirements at DEPARTMENT OF HEALTH AND appropriately to complaints against § 482.41(c)(4), AOA/HFAP revised its HUMAN SERVICES accredited facilities. standards to include the National Fire ++ Evaluate AOA/HFAP’s procedures Protection Association (NFPA) 99:1999: Administration for Children and for monitoring hospitals out of 5–4.1.1 requirement that addresses the Families compliance with AOA/HFAP’s program capability of controlling the relative requirements. The monitoring humidity at a level of 35 percent or Health Resources and Services procedures are used only when AOA/ greater within anesthetizing locations. Administration HFAP identifies noncompliance. If • noncompliance is identified through To meet the requirements at § 488.4 Advisory Committee on the Maternal, validation reviews, the State survey (a) (6), AOA/HFAP revised its Infant and Early Childhood Home agency monitors corrections as specified ‘‘Complaint/Incident Management Visiting Program Evaluation; Notice of at § 488.7(d). Policy,’’ to ensure all onsite complaint Meeting ++ Assess AOA/HFAP’s ability to surveys are documented on a survey report deficiencies to the surveyed report. ACTION: Notice of Meeting: Advisory Committee on the Maternal, Infant and facilities and respond to the facility’s • To meet the requirements of Section plan of correction in a timely manner. Early Childhood Home Visiting Program 2728 of the SOM, AOA/HFAP will ++ Establish AOA/HFAP’s ability to Evaluation (MIECHVE). provide CMS with electronic data and continue to use its internal monitoring reports necessary for effective validation plan to ensure timeframes for sending or Authority: Section 10(a)(2) of the Federal and assessment of the organization’s receiving a plan of correction (PoC) are Advisory Committee Act (Pub. L. 92–463), survey process. met. notice is hereby given of the following ++ Determine the adequacy of staff • To meet the requirements of Section meeting: and other resources. 2728B of the SOM, AOA/HFAP will Name: Advisory Committee on the ++ Confirm AOA/HFAP’s ability to continue to conduct monthly internal Maternal, Infant, and Early Childhood provide adequate funding for audits to ensure accepted PoC’s contain Home Visiting Program Evaluation. performing required surveys. all of the required elements. Date and Time: September 12, 2013, ++ Confirm AOA/HFAP’s policies 2–6 PM ET. with respect to whether surveys are B. Term of Approval Place: Webinar. announced or unannounced. The Advisory Committee on the ++ Obtain AOA/HFAP’s agreement to Based on our review and observations Maternal, Infant and Early Childhood provide CMS with a copy of the most described in section III of this final Home Visiting Program Evaluation current accreditation survey together notice, we have determined that AOA/ (Committee) will meet for its fourth with any other information related to HFAP’s hospital accreditation program session on September 12, 2013, 2–6 PM the survey as we may require, including requirements meet or exceed our ET. The purpose of the meeting is to corrective action plans. requirements. Therefore, we approve allow the Committee to comment on the In accordance with section AOA/HFAP as a national accreditation progress of the analysis plan of the 1865(a)(3)(A) of the Act, the March 22, organization for hospitals that request MIHOPE project. The general public can 2013 proposed notice also solicited participation in the Medicare program, join the meeting via webinar by logging public comments regarding whether effective September 25, 2013 through onto https://www4.gotomeeting.com/ AOA/HFAP’s requirements met or September 25, 2019. register/330659039, and then follow the exceeded the Medicare conditions of instructions for registering. Participants participation for hospitals. We received V. Collection of Information should launch the webinar no later than no comments in response to our Requirements 1:40 a.m. EST in order for the logistics proposed notice. to be established for participation in the This document does not impose call. If there are technical problems IV. Provisions of the Final Notice information collection and gaining access to the call or webinar, A. Differences Between AOA/HFAP’s recordkeeping requirements. please call 888–569–3848 or press *0 Standards and Requirements for Consequently, it need not be reviewed during the call, and for GoToWebinar Accreditation and Medicare’s by the Office of Management and technical support call (800 263 6317) Conditions and Survey requirements Budget under the authority of the Meeting Registration: General public We compared AOA/HFAP’s hospital Paperwork Reduction Act of 1995 (44 participants are asked to register for the requirements and survey process with U.S.C. 35). conference by going to the registration the Medicare conditions of participation (Catalog of Federal Domestic Assistance Web site at https:// and survey process as outlined in the Program No. 93.778, Medical Assistance www4.gotomeeting.com/register/ State Operations Manual (SOM). Our Program; No. 93.773 Medicare—Hospital 330659039. review and evaluation of AOA/HFAP’s Insurance Program; and No. 93.774, Special Accommodations: Attendees hospital application, which were Medicare—Supplementary Medical with special needs requiring conducted as described in section III of Insurance Program) accommodations such as large print this final notice, yielded the following: materials or other accommodations may • To meet the requirements at Dated: July 19, 2013. make requests when registering at the § 482.41(a)(1), AOA/HFAP revised its Marilyn Tavenner, online Web site by answering the standards to include the requirement for Administrator, Centers for Medicare & ‘‘Special accommodations’’ question on Type 1 Essential Electrical Systems Medicaid Services, HHS. the registration page: https:// (EES) generators in all hospitals. [FR Doc. 2013–21008 Filed 8–23–13; 4:15 pm] www4.gotomeeting.com/register/ • To meet the requirements at 330659039. § 482.41(b)(1)(ii), AOA/HFAP revised its BILLING CODE P Agenda: The meeting will include standards to ensure roller latches no updates on the progress of the longer exist on hospital corridor doors. evaluation, the outline for the report,

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and the plan for analyzing the states’ participant outcomes varies across New Hampshire Ave., Bldg. 66, Rm. needs assessment and baseline family, programs and populations; and (c) the 4613, Silver Spring, MD 20993–0002; or staff and program data that will be the potential for the activities conducted Office of Communication, Outreach, and focus of the report. Agenda items are under such programs, if scaled broadly, Development (HFM–40), Center for subject to change as priorities dictate. to enhance health care practices, Biologics Evaluation and Research Public Comments: Members of the eliminate health disparities, improve (CBER), Food and Drug Administration, public may submit written comments health care system quality, and reduce 1401 Rockville Pike, suite 200N, that will be distributed to Committee costs. Rockville, MD 20852–1448. Send one members prior to the meeting. Written self-addressed adhesive label to assist comments must be received by Monday, Naomi Goldstein, that office in processing your request, or September 9, 2013 for consideration. Director, Office of Planning, Research, and fax your request to CDRH at 301–847– Comments can be submitted to T’Pring Evaluation, ACF. 8149. See the SUPPLEMENTARY Westbrook at Tpring.Westbrook@ Rebecca Slifkin, INFORMATION section for information on acf.hhs.gov. Director, Office of Planning, Analysis and electronic access to the guidance. Evaluation, HRSA. Submit electronic comments on the FOR FURTHER INFORMATION CONTACT: Any [FR Doc. 2013–20725 Filed 8–27–13; 8:45 am] draft guidance to http:// person interested in obtaining other BILLING CODE 4184–22–M www.regulations.gov. Submit written information relevant to joining the comments to the Division of Dockets webinar can contact Carolyn Swaney at Management (HFA–305), Food and Drug [email protected]. DEPARTMENT OF HEALTH AND Administration, 5630 Fishers Lane, Rm. SUPPLEMENTARY INFORMATION: The HUMAN SERVICES 1061, Rockville, MD 20852. Identify Advisory Committee on the Maternal, comments with the docket number Infant and Early Childhood Home Food and Drug Administration found in brackets in the heading of this Visiting Program Evaluation is [Docket No. FDA–2013–D–0918] document. authorized by subsection 511(g)(1) of FOR FURTHER INFORMATION CONTACT: Title V of the Social Security Act (42 The Applicability of Good Laboratory Victoria Hampshire, Center for Devices U.S.C. 701 et seq.) as amended by Practice in Premarket Device and Radiological Health, Food and Drug section 2951 of the Patient Protection Submissions: Questions and Answers; Administration, 10903 New Hampshire and Affordable Care Act of 2010 (Pub. Draft Guidance for Industry and Food Ave., Bldg. 66, rm. 1218, Silver Spring, L. 111–148) (Affordable Care Act). The and Drug Administration Staff; MD 20993–0002, 301–796–6375; or purpose of the Committee is to advise Availability Stephen Ripley, Center for Biologics the Secretary of Health and Human Evaluation and Research (HFM–17), Services on the design, plan, progress, AGENCY: Food and Drug Administration, HHS. Food and Drug Administration, 1401 and findings of the evaluation required Rockville Pike, suite 200N, Rockville, ACTION: for the home visiting program under the Notice. MD 20852–1448, 301–827–6210. Affordable Care Act. More specifically, SUPPLEMENTARY INFORMATION: the Committee is to review, and make SUMMARY: The Food and Drug recommendations on, the design and Administration (FDA) is announcing the I. Background plan for this evaluation; maintain and availability of the draft guidance entitled ‘‘The Applicability of Good FDA issued the GLP regulations in advise the Secretary regarding the response to public concerns that several progress of the evaluation; and Laboratory Practice in Premarket Device Submissions: Questions & Answers.’’ important studies supporting the safety comment, if the Committee so desires, of FDA-regulated products were on the report submitted to Congress This draft guidance answers commonly asked questions about the applicability seriously flawed due to poor research under subsection 511(g)(3) of Title V. practices and laboratory misconduct. The Department of Health and Human of good laboratory practice (GLP) to nonclinical laboratory studies The GLP regulations apply to Services has contracted with MDRC, nonclinical laboratory studies formerly known as Manpower conducted in support of research and marketing applications for medical supporting the safety of FDA-regulated Demonstration Research Corporation, a products (21 CFR 58.1). The draft nonprofit, nonpartisan education and devices. This draft guidance is not final nor is it in effect at this time. guidance provides clarification on GLP social policy research organization, to terminology, the types of medical device DATES: conduct the evaluation of the MIECHV Although you can comment on research or marketing applications that program. any guidance at any time (see 21 CFR are subject to the GLP regulation, and, As specified in the legislation, the 10.115(g)(5)), to ensure that the Agency if applicable, the types of information evaluation will provide a state-by-state considers your comment on this draft related to GLP that should be provided analysis of the needs assessments and guidance before it begins work on the to FDA. the States’ actions in response to the final version of the guidance, submit assessments. Additionally, as specified either electronic or written comments II. Significance of Guidance in the legislation, the evaluation will on the draft guidance by November 26, This draft guidance is being issued provide an assessment of: (a) The effect 2013. consistent with FDA’s good guidance of early childhood home visiting ADDRESSES: Submit written requests for practices regulation (21 CFR 10.115). programs on outcomes for parents, single copies of the draft guidance The draft guidance, when finalized, will children, and communities with respect document entitled ‘‘The Applicability of represent the Agency’s current thinking to domains specified in the Affordable Good Laboratory Practice in Premarket on good laboratory practices. It does not Care Act (such as maternal and child Device Submissions: Questions & create or confer any rights for or on any health status, school readiness, and Answers’’ to the Division of Small person and does not operate to bind domestic violence, among others); (b) Manufacturers, International, and FDA or the public. An alternative the effectiveness of such programs on Consumer Assistance, Center for approach may be used if such approach different populations, including the Devices and Radiological Health, Food satisfies the requirements of the extent to which the ability to improve and Drug Administration (CDRH), 10903 applicable statute and regulations.

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III. Electronic Access DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES Persons interested in obtaining a copy of the draft guidance may do so by using Food and Drug Administration National Institutes of Health the Internet. A search capability for all Submission for OMB Review; CDRH guidance documents is available [Docket No. FDA–2013–N–0007] at http://www.fda.gov/MedicalDevices/ Comment Request: Palliative Care: DeviceRegulationandGuidance/ Prescription Drug User Fee Rates for Conversations Matter Evaluation GuidanceDocuments/default.htm. Fiscal Year 2014; Correction SUMMARY: Under the provisions of Guidance documents are also available Section 3507(a)(1)(D) of the Paperwork at http://www.regulations.gov or from AGENCY: Food and Drug Administration, Reduction Act of 1995, the National CBER at http://www.fda.gov/Biologics HHS. Institute of Nursing Research (NINR), BloodVaccines/ ACTION: Notice; correction. the National Institutes of Health (NIH) GuidanceComplianceRegulatory has submitted to the Office of Information/default.htm. To receive Management and Budget (OMB) a SUMMARY: The Food and Drug ‘‘The Applicability of Good Laboratory request for review and approval of the Administration is correcting a notice Practice in Premarket Device information collection listed below. entitled ‘‘Prescription Drug User Fee Submissions: Questions & Answers,’’ This proposed information collection Rates for Fiscal Year 2014’’ that you may either send an email request to was previously published in the Federal appeared in the Federal Register of [email protected] to receive an Register on June, 14, 2013, page 35942 August 2, 2013 (78 FR 46980). The electronic copy of the document or send and allowed 60-days for public document announced the Fiscal Year a fax request to 301–847–8149 to receive comment. No public comments were 2014 fee rates for the Prescription Drug a hard copy. Please use the document received. The purpose of this notice is User Fee Act. The document was number 1779 to identify the guidance to allow an additional 30 days for public published with four errors. This you are requesting. comment. The National Institutes of document corrects those errors. Health may not conduct or sponsor, and IV. Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: the respondent is not required to respond to, an information collection The draft guidance refers to currently David Miller, Office of Financial Management (HFA–100), Food and Drug that has been extended, revised, or approved collections of information implemented on or after October 1, found in FDA regulations. These Administration, 1350 Piccard Dr., PI50, Rm. 210J, Rockville, MD 20850, 301– 1995, unless it displays a currently valid collections of information are subject to OMB control number. 796–7103. review by the Office of Management and Written comments and/or suggestions Budget (OMB) under the Paperwork SUPPLEMENTARY INFORMATION: In the regarding the item(s) contained in this Reduction Act of 1995 (44 U.S.C. 3501– Federal Register of Friday, August 2, notice, especially regarding the 3520). The collections of information in 2013, in FR Doc. 2013–18624, on pages estimated public burden and associated 21 CFR part 807, subpart E, have been 46981 and 46982 the following response time, should be directed to the: approved under OMB control number corrections are made: Office of Management and Budget, Office of Regulatory Affairs, OIRA_ 0910–0120; the collections of 1. On page 46981, in the second [email protected] or by fax to information in 21 CFR part 812 have column, in the second sentence of the 202–395–6974, Attention: NIH Desk been approved under OMB control second paragraph under I. Background, Officer. To obtain a copy of the data number 0910–0078; and the collections ‘‘$718,699,000’’ is corrected to read collection plans and instruments, of information in 21 CFR part 814 have ‘‘$718,669,000’’. been approved under OMB control submit comments in writing, or request number 0910–0231. 2. On page 46981, in the third more information on the proposed column, in the first sentence of the first project, contact: Ms. Adrienne V. Comments paragraph under II. Fee Revenue Burroughs, Health Communications Amount for 2014, ‘‘$718,699,000’’ is Specialist, Office of Communications Interested persons may submit either corrected to read ‘‘$718,669,000’’. and Public Liaison, NINR, NIH, electronic comments regarding this 3. On page 46981, in the third Building 31, Room 5B10, 31 Center document to http://www.regulations.gov Drive, Bethesda, MD 20892, or call non- or written comments to the Division of column, in the first sentence of the first paragraph under A. FY 2014 Statutory toll-free number (301) 496–0256, or Dockets Management (see ADDRESSES). It Email your request, including your is only necessary to send one set of Fee Revenue Adjustments for Inflation, ‘‘$718,699,000’’ is corrected to read address to: [email protected]. comments. Identify comments with the Formal requests for additional plans and ‘‘$718,669,000’’. docket number found in brackets in the instruments must be requested in heading of this document. Received 4. On page 46982, in the first column, writing. comments may be seen in the Division in the first sentence of the first Proposed Collection: Palliative Care: of Dockets Management between 9 a.m. paragraph under B. FY 2014 Statutory Conversations Matter Evaluation, -0925- and 4 p.m., Monday through Friday, and Fee Revenue Adjustments for Workload, New—National Institute of Nursing will be posted to the docket at http:// ‘‘$718,699,000’’ is corrected to read Research (NINR), National Institutes of www.regulations.gov. ‘‘$718,669,000’’. Health (NIH). Dated: August 22, 2013. Dated: August 22, 2013. Need and Use of Information Collection: NINR developed Palliative Leslie Kux, Leslie Kux, Care: Conversations Matter, a pediatric Assistant Commissioner for Policy. Assistant Commissioner for Policy. palliative care campaign to address the [FR Doc. 2013–20916 Filed 8–27–13; 8:45 am] [FR Doc. 2013–20958 Filed 8–27–13; 8:45 am] communications challenges faced by BILLING CODE 4160–01–P BILLING CODE 4160–01–P health care providers who recommend

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and provide palliative care to pediatric campaign is effective, relevant, and addressing the communications needs populations. NINR is launching this useful to health care providers who of health care providers around this effort to increase the use of palliative recommend and provide palliative care topic. care for children living with serious to pediatric populations; (2) to better OMB approval is requested for 3 illness or life-limiting conditions. The understand the information needs of years. There are no costs to respondents Palliative Care: Conversations Matter health care providers to inform future other than their time. The total evaluation will assess the information campaign efforts; and (3) examine how estimated annualized burden hours are and materials being disseminated as effective the campaign materials are in 200. part of the official campaign. Survey starting and continuing a pediatric findings will help (1) Determine if the palliative care conversation and Estimated Annualized Burden Hours

TABLE A–12–1—ESTIMATES OF ANNUAL BURDEN HOURS

Average time Type of respondents Number of Frequency of per response Total burden respondents response (in hours ) hours

Physicians ...... 150 2 20/60 100 Nurses ...... 150 2 20/60 100

Total ...... 300 ...... 200 * The average time for completing one of the surveys is 20 minutes; this includes reading the consent form on page 1 of the survey.

Dated: August 19, 2013. Exendin–4, Peptide Analogs and Uses Peptide Analogs and Uses Thereof’’ Amanda Greene, Thereof’’ (HHS Ref. No. E–049–2001/0– (HHS Ref. No. E–049–2001/0–EP–16); NINR PRA Liaison, Science Evaluation US–21); PCT Patent Application No. Indian Patent Application No. 0488/ Officer, NINR, NIH. PCT/US2002/024141, filed July 30, DELNP/2004, filed February 27, 2004, [FR Doc. 2013–21005 Filed 8–27–13; 8:45 am] 2002, entitled ‘‘GLP–1, Exendin–4, entitled ‘‘GLP–1, Exendin–4, Peptide BILLING CODE 4140–01–P Peptide Analogs and Uses Thereof’’ Analogs and Uses Thereof’’ (HHS Ref. (HHS Ref. No. E–049–2001/0–PCT–02); No. E–049–2001/0–IN–07); Japanese Australian Patent No. 2002317599, Patent Application No. 2003–517083, DEPARTMENT OF HEALTH AND issued July 17, 2008, entitled ‘‘GLP–1, filed February 2, 2004, entitled ‘‘GLP–1, HUMAN SERVICES Exendin–4, Peptide Analogs and Uses Exendin–4, Peptide Analogs and Uses Thereof’’ (HHS Ref. No. E–049–2001/0– Thereof’’ (HHS Ref. No. E–049–2001/0– National Institutes of Health AU–04); Australian Patent No. JP–08); Japanese Patent Application No. 2008202893, issued April 26, 2012, 2009–262568, filed November 18, 2009, Prospective Grant of Exclusive Patent entitled ‘‘GLP–1, Exendin–4, Peptide entitled ‘‘GLP–1, Exendin–4, Peptide License: Use of Exenatide for the Analogs and Uses Thereof’’ (HHS Ref. Analogs and Uses Thereof’’ (HHS Ref. Treatment of Neurodegenerative No. E–049–2001/0–JP–15; and Japanese Diseases No. E–049–2001/0–AU–10); Australian Patent Application No. 2012202081, Patent Application No. 2013–007743, AGENCY: National Institutes of Health, filed April 11, 2012, entitled ‘‘GLP–1, filed January 18, 2013, entitled ‘‘GLP–1, HHS. Exendin–4, Peptide Analogs and Uses Exendin–4, Peptide Analogs and Uses Thereof’’ (HHS Ref. No. E–049–2001/0– ACTION: Notice. Thereof’’ (HHS Ref. No. E–049–2001/0– AU–20); Canadian Patent Application JP–22). The patent rights in these SUMMARY: This is notice, in accordance No. 2455963, filed January 29, 2004, inventions have been assigned to the with 35 U.S.C. 209 and 37 CFR Part 404, entitled ‘‘GLP–1, Exendin–4, Peptide Government of the United States of that the National Institutes of Health, Analogs and Uses Thereof’’ (HHS Ref. America. The territory of the Department of Health and Human No. E–049–2001/0–CA–05); European prospective Exclusive Patent License Services, is contemplating the grant of Patent No. 1411968, issued September may be worldwide, and the field of use an Exclusive Patent License to Peptron, 17, 2008, entitled ‘‘GLP–1, Exendin–4, may be limited to ‘‘Methods of using Inc., a company having a place of Peptide Analogs and Uses Thereof’’ exenatide for the treatment of business in Daejeon, South Korea, to (HHS Ref. No. E–049–2001/0–EP–06) neurodegenerative disease in humans.’’ practice the inventions embodied in and validated in Germany (HHS Ref. No. DATES: Only written comments and/or U.S. Provisional Patent Application No. E–049–2001/0–DE–11), France (HHS applications for a license which are 60/309,076, filed July 31, 2001, entitled Ref. No. E–049–2001/0–FR–12), and received by the NIH Office of ‘‘Long-Acting Insulinotropic Peptides Great Britain (HHS Ref. No. E–049– Technology Transfer on or before and Uses Thereof’’ (HHS Ref. No. E– 2001/0–GB–13); European Patent No. September 27, 2013 will be considered. 049–2001/0–US–01); U.S. Patent No. 2022505, issued December 14, 2011, ADDRESSES: Requests for copies of the 7,576,050, issued August 18, 2009, entitled ‘‘GLP–1, Exendin–4, Peptide patent application(s), inquiries, entitled ‘‘GLP–1 Exendin–4 Peptide Analogs and Uses Thereof’’ (HHS Ref. comments, and other materials relating Analogs and Uses Thereof’’ (HHS Ref. No. E–049–2001/0–EP–09) and to the contemplated Exclusive Patent No. E–049–2001/0–US–03); U.S. Patent validated in Germany (HHS Ref. No. E– License should be directed to: Tara L. No. 8,278,272, issued October 2, 2012, 049–2001/0–DE–17), France (HHS Ref. Kirby, Ph.D., Senior Licensing and entitled ‘‘GLP–1, Exendin–4, Peptide No. E–049–2001/0–FR–18), and Great Patenting Manager, Office of Analogs and Uses Thereof’’ (HHS Ref. Britain (HHS Ref. No. E–049–2001/0– Technology Transfer, National Institutes No. E–049–2001/0–US–14); U.S. Patent GB–19); European Patent Application of Health, 6011 Executive Boulevard, Application No. 13/594,313, filed No. 10177860.3, filed September 21, Suite 325, Rockville, MD 20852–3804; August 24, 2012, entitled ‘‘GLP–1, 2010, entitled ‘‘GLP–1, Exendin–4, Telephone: (301) 435–4426; Facsimile:

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(301) 402–0220; Email: tarak@ DEPARTMENT OF HEALTH AND Officer, Special Review and Logistics Branch, mail.nih.gov. A signed confidentiality HUMAN SERVICES Division of Extramural Activities, National nondisclosure agreement will be Cancer Institute, NIH, 9609 Medical Center National Institutes of Health Drive, Room 7W254, Bethesda, MD 20892– required to receive copies of any patent 8329, 240–276–6378, soldatenkovv@ applications that have not been National Cancer Institute; Notice of mail.nih.gov. published or issued by the United States Closed Meetings Name of Committee: National Cancer Patent and Trademark Office or the Institute Special Emphasis Panel NCI World Intellectual Property Pursuant to section 10(d) of the Omnibus Grants on Cancer Genetics and Organization. Federal Advisory Committee Act, as Etiology. amended (5 U.S.C. App.), notice is Date: October 22–23, 2013. SUPPLEMENTARY INFORMATION: This hereby given of the following meetings. Time: 8:00 a.m. to 6:00 p.m. technology relates to the use of The meetings will be closed to the Agenda: To review and evaluate grant glucagon-like peptide–1 (GLP–1), applications. public in accordance with the Place: Embassy Suites Alexandria—Old exendin–4, and analogs for the provisions set forth in sections Town, 1900 Diagonal Road, Alexandria, VA treatment of neurodegenerative diseases. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 22314. These peptides are GLP–1 receptor as amended. The grant applications and Contact Person: Marvin L. Salin, Ph.D., agonists and incretin mimetics, and the discussions could disclose Scientific Review Officer, Special Review enhance glucose-dependent insulin confidential trade secrets or commercial and Logistics Branch, Division of Extramural secretion and regulate glucagon property such as patentable material, Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W236, secretion. As such, they have been used and personal information concerning individuals associated with the grant Bethesda, MD 20892–8329, 240–276–6369, in the treatment of type 2 diabetes. The [email protected]. inventors have shown that these applications, the disclosure of which would constitute a clearly unwarranted Name of Committee: National Cancer peptides also exert neurotrophic and Institute Initial Review Group Subcommittee neuroprotective effects in a variety of invasion of personal privacy. F–Institutional Training and Education. predictive models of neurodegeneration, Name of Committee: National Cancer Date: October 28–29, 2013. and thus may represent potential Institute Special Emphasis Panel Detection of Time: 7:30 p.m. to 4:00 p.m. therapeutics for neurodegenerative Pathogen Induced Cancer. Agenda: To review and evaluate grant Date: October 1, 2013. applications. diseases, including Alzheimer’s disease, Time: 1:00 p.m. to 3:00 p.m. Place: Residence Inn Arlington Capital Parkinson’s disease, Huntington’s Agenda: To review and evaluate grant View, 2850 South Potomac Avenue, disease, amyotrophic lateral sclerosis applications. Arlington, VA 22202. (ALS), peripheral neuropathy Place: National Cancer Institute Shady Contact Person: Timothy C. Meeker, Ph.D., (associated or unassociated with Grove, 9609 Medical Center Drive, Room MD, Scientific Review Officer, Resources and diabetes) and stroke. 7W034, Rockville, MD 20850, (Telephone Training Review Branch, Division of Conference Call). Extramural Activities, National Cancer The prospective Exclusive Patent Contact Person: Adriana Stoica, Ph.D., Institute, NIH, 9609 Medical Center Drive, License may be granted unless the NIH Scientific Review Officer, Special Review & Room 7W624, Bethesda, MD 20850, 240– receives written evidence and argument, Logistics Branch, Division of Extramural 276–6464, [email protected]. within thirty (30) days from the date of Activities, National Cancer Institute, NIH, Name of Committee: National Cancer this published notice, that establishes 9609 Medical Center Drive, Room 7W234, Institute Special Emphasis Panel Research Rockville, MD 20850, 240–276–6368, that the grant of the contemplated Answers to NCI’s Provocative Questions- [email protected]. Group A (R01). license would not be consistent with the Name of Committee: National Cancer Date: October 31–November 1, 2013. requirements of 35 U.S.C. 209 and 37 Institute Special Emphasis Panel Planning for Time: 7:30 a.m. to 5:30 p.m. CFR Part 404. a National Center for Particle Beam Radiation Agenda: To review and evaluate grant Complete applications for a license in Therapy Research. applications. the prospective field of use that are filed Date: October 3, 2013. Place: Bethesda North Marriott Hotel & Time: 9:00 a.m. to 12:00 p.m. Conference Center, 5701 Marinelli Road, in response to this notice will be treated Agenda: To review and evaluate grant Bethesda, MD 20852. as objections to the grant of the applications. Contact Person: Clifford W Schweinfest, Exclusive Patent License. Comments Place: National Cancer Institute Shady Ph.D., Scientific Review Officer, Special and objections submitted to this notice Grove, 9609 Medical Center Drive, Room Review and Logistics Branch, Division of will not be made available for public 6W032, Rockville, MD 20850, (Telephone Extramural Activities, National Cancer inspection and, to the extent permitted Conference Call). Institute, NIH, 9609 Medical Center Drive, Contact Person: Thomas A. Winters, Ph.D., Room 7W108, Bethesda, MD 20892–9750, by law, will not be released under the Scientific Review Officer, Special Review & 240–276–6378, [email protected]. Freedom of Information Act, 5 U.S.C. Logistics Branch, Division of Extramural Name of Committee: National Cancer 552. Activities, National Cancer Institute, NIH, Institute Special Emphasis Panel Dated: August 22, 2013. 9609 Medical Center Drive, Room 7W412, Collaborative Human Tissue Network Bethesda, MD 20892–9750, 240–276–6386, (CHTN) (UM1). Richard U. Rodriguez, [email protected]. Date: November 4–5, 2013. Director, Division of Technology Development Name of Committee: National Cancer Time: 1:00 p.m. to 5:00 p.m. and Transfer, Office of Technology Transfer, Institute Special Emphasis Panel Informatics Agenda: To review and evaluate grant National Institutes of Health. Technology for Cancer Research. applications. [FR Doc. 2013–20945 Filed 8–27–13; 8:45 am] Date: October 22, 2013. Place: National Cancer Institute Shady Time: 8:00 a.m. to 5:00 p.m. Grove, 9609 Medical Center Drive, Room: BILLING CODE 4140–01–P Agenda: To review and evaluate grant Nov 4–6W030 & Nov 5–7W030, Rockville, applications. MD 20850, (Telephone Conference Call). Place: Bethesda Marriott Suites-Hotel, 6711 Contact Person: Donald L Coppock, Ph.D., Democracy Blvd., Bethesda, MD 20817. Scientific Review Officer, Special Review Contact Person: Viatcheslav A and Logistics Branch, Division of Extramural Soldatenkov, MD, Ph.D., Scientific Review Activities, National Cancer Institute, NIH,

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9609 Medical Center Drive, Room 7W260, DEPARTMENT OF THE INTERIOR threatened species, unless such a plan Bethesda, MD 20892–9750, 240–276–6382, would not promote the conservation of [email protected]. Fish and Wildlife Service the species. Section 4(f) of the Act requires that public notice, and an Name of Committee: National Cancer [FWS–R1–ES–2013–N105; Institute Special Emphasis Panel Small FXES11130100000C2–134–FF01E00000] opportunity for public review and Grants Program for Cancer Epidemiology comment, be provided during recovery (R03). Endangered and Threatened Wildlife plan development. The draft recovery Date: November 7, 2013. and Plants; Recovery Plan for plan for Phyllostegia hispida was Time: 8:00 a.m. to 6:00 p.m. Phyllostegia hispida; Addendum to the published on June 2, 2011, and was Agenda: To review and evaluate grant Molokai Plant Cluster Recovery Plan available for public comment through applications. August 1, 2011 (76 FR 31973). We have Place: Bethesda North Marriott Hotel & AGENCY: Fish and Wildlife Service, considered information we received Conference Center, 5701 Marinelli Road, Interior. from public comments and peer Bethesda, MD 20852. ACTION: Notice of document availability. reviewers in our preparation of the final Contact Person: Joyce C. Pegues, Ph.D., recovery plan, and have summarized Scientific Review Officer, Special Review SUMMARY: We, the U.S. Fish and that information in an appendix of the and Logistics Branch, Division of Extramural Wildlife Service, announce the approved recovery plan. We welcome Activities, National Cancer Institute, NIH, availability of our final recovery plan for continuing public comment on this 9609 Medical Center Drive, Room 7W248, Phyllostegia hispida (no common name) recovery plan, and we will consider all Rockville, MD 20850, 240–276–6375, under the Endangered Species Act of substantive comments on an ongoing [email protected]. 1973, as amended (Act). This plant basis to inform the implementation of Name of Committee: National Cancer species is endemic to the island of recovery activities and future updates to Institute Special Emphasis Panel NCI Molokai, Hawaii. This plan is an the recovery plan. Experimental Therapeutics—Clinical Trials addendum to the recovery plan for the We listed Phyllostegia hispida under Network with Phase 1 Emphasis. Molokai Plant Cluster, published in the Act as an endangered species Date: November 12, 2013. September of 1996. The plan includes without critical habitat on March 17, Time: 8:00 a.m. to 4:00 p.m. recovery objectives and criteria, and 2009 (74 FR 11319). Phyllostegia Agenda: To review and evaluate grant specific recovery actions necessary to hispida is found only on the island of applications. achieve downlisting and delisting of the Molokai. Currently there are less than Place: National Cancer Institute, Shady species and its removal from the Federal 10 wild mature individuals, 3 wild Grove 9609 Medical Center Drive, Room List of Endangered and Threatened seedlings, and approximately 7 to 10 TE408–410, Rockville, MD 20850, Wildlife and Plants. reintroduced individuals on the island (Telephone Conference Call). ADDRESSES: An electronic copy of the of Molokai. No known population is Contact Person: Timothy C. Meeker, Ph.D., recovery plan is available at http:// entirely protected from the numerous MD, Scientific Review Officer, Resources and www.fws.gov/endangered/species/ factors threatening the species’ recovery, Training Review Branch, Division of recovery-plans.html and http:// and the species is endangered Extramural Activities, National Cancer www.fws.gov/pacific/ecoservices/ throughout its range. P. hispida is Institute, NIH, 9609 Medical Center Drive, endangered/recovery/plans.html. Copies typically found in wet Metrosideros Room 7W624, Bethesda, MD 20850, 240– of the recovery plan are also available polymorpha (ohia)—dominated forest, 276–6464, [email protected]. by request from the U.S. Fish and occurring between 1,112 and 1,280 Information is also available on the Wildlife Service, Pacific Islands Fish meters (3,650 and 4,200 feet) elevation. The major threats to all known Institute’s/Center’s home page: http:// and Wildlife Office, 300 Ala Moana populations are habitat degradation by deainfo.nci.nih.gov/advisory/irg/irg.htm, Boulevard, Room 3–122, Box 50088, feral pigs (Sus scrofa); habitat where an agenda and any additional Honolulu, HI 96850 (telephone: 808– degradation by and competition with information for the meeting will be posted 792–9400). when available. invasive introduced plants; predation or FOR FURTHER INFORMATION CONTACT: (Catalogue of Federal Domestic Assistance herbivory by rats (Rattus spp.) and Kristi Young, Deputy Field Supervisor, nonnative slugs; climate change; habitat Program Nos. 93.392, Cancer Construction; at the above Honolulu address. 93.393, Cancer Cause and Prevention degradation by landslides and flooding; SUPPLEMENTARY INFORMATION: Research; 93.394, Cancer Detection and and the negative demographic and Diagnosis Research; 93.395, Cancer Background genetic consequences of extremely small Treatment Research; 93.396, Cancer Biology population size, as well as the Recovery of endangered or threatened Research; 93.397, Cancer Centers Support; consequent vulnerability to extinction animals and plants is a primary goal of 93.398, Cancer Research Manpower; 93.399, through deterministic or stochastic Cancer Control, National Institutes of Health, the Endangered Species Act (Act) (16 (chance) events. Native caterpillar HHS) U.S.C. 1531 et seq.) and our endangered species may also pose an herbivory species program. Recovery means threat to this species. Dated: August 22, 2013. improvement of the status of listed The short-term recovery objectives for Melanie J. Gray, species to the point at which listing is Phyllostegia hispida focus on stabilizing no longer required under the criteria set all existing populations. To be Program Analyst, Office of Federal Advisory out in section 4(a)(1) of the Act. considered stable, the species must be Committee Policy. Recovery plans describe actions managed to control threats (e.g., feral [FR Doc. 2013–20944 Filed 8–27–13; 8:45 am] considered necessary for the ungulates and invasive plants) and be BILLING CODE 4140–01–P conservation of listed species, establish represented in an ex situ population criteria for downlisting or delisting, and (such as a nursery or arboretum). The estimate time and cost for implementing long-term objectives leading to the measures needed for recovery. downlisting and delisting are an The Act requires the development of increase in populations and their recovery plans for endangered or numbers. This increase may require

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outplanting, development of appropriate public teleconference of the Sport constituency groups, and government. management and monitoring plans at Fishing and Boating Partnership The 18-member Council, appointed by each site, and conservation agreements Council (Council). the Secretary of the Interior, includes with landowners to ensure threats are DATES: Teleconference: Friday, the Service Director and the president of controlled in perpetuity. September 13, 2013, 12 p.m. to 1 p.m. the Association of Fish and Wildlife As the species meets reclassification (Eastern daylight time). For deadlines Agencies, who both serve in ex officio and recovery criteria, we will review the and directions on registering to listen to capacities. Other Council members are species’ status and consider the species the teleconference, submitting written directors from State agencies for reclassification or removal from the material, and giving an oral responsible for managing recreational Federal List of Endangered and presentation, please see ‘‘Public Input’’ fish and wildlife resources and Threatened Wildlife and Plants. under SUPPLEMENTARY INFORMATION. individuals who represent the interests Authority: The authority for this action is FOR FURTHER INFORMATION CONTACT: of saltwater and freshwater recreational section 4(f) of the Endangered Species Act, Douglas Hobbs, Council Coordinator, fishing, recreational boating, the 16 U.S.C. 1533 (f). 4401 North Fairfax Drive, Mailstop recreational fishing and boating Dated: July 30, 2013. 3103–AEA, Arlington, VA 22203; industries, recreational fisheries resource conservation, Native American Richard R. Hannan, telephone (703) 358–2336; fax (703) 358–2548; or email doug_hobbs@ tribes, aquatic resource outreach and Acting Regional Director, Pacific Region, U.S. education, and tourism. Background Fish and Wildlife Service. fws.gov. information on the Council is available SUPPLEMENTARY INFORMATION: In [FR Doc. 2013–20965 Filed 8–27–13; 8:45 am] at http://www.fws.gov/sfbpc. BILLING CODE 4310–55–P accordance with the requirements of the Federal Advisory Committee Act, 5 Meeting Agenda U.S.C. App., we announce that Sport DEPARTMENT OF THE INTERIOR Fishing and Boating Partnership The Council will hold a Council will hold a teleconference. teleconference to: Fish and Wildlife Service • Consider and approve a response to Background a request for comments on [FWS–HQ–EA–2013–N154; FF09X60000– The Council was formed in January recommendation number 17, Hunting, FVWF97920900000–XXX] 1993 to advise the Secretary of the Fishing and Outdoor Recreation Sport Fishing and Boating Partnership Interior, through the Director of the strategy, of the National Wildlife Refuge Council; Teleconference Service, on nationally significant System Vision, and recreational fishing, boating, and • Consider other Council business, AGENCY: Fish and Wildlife Service, aquatic resource conservation issues. including planning for the October 2013 Interior. The Council represents the interests of meeting. the public and private sectors of the ACTION: Notice of teleconference. The final agenda will be posted on the sport fishing, boating, and conservation Internet at http://www.fws.gov/sfbpc. SUMMARY: We, the U.S. Fish and communities and is organized to Wildlife Service (Service), announce a enhance partnerships among industry, Public Input

You must contact the Council Coordinator (see FOR FURTHER If you wish to INFORMATION CONTACT) no later than

Listen to the teleconference ...... Monday, September 9, 2013. Submit written information or questions before the teleconference for the council to consider during the tele- Monday, September 9, 2013. conference. Give an oral presentation during the teleconference ...... Monday, September 9, 2013.

Submitting Written Information or Giving an Oral Presentation accommodated on the agenda, may Questions submit written statements to the Individuals or groups requesting to Council Coordinator up to 30 days Interested members of the public may make an oral presentation during the subsequent to the teleconference. submit relevant information or teleconference will be limited to 2 questions for the Council to consider minutes per speaker, with no more than Meeting Minutes during the teleconference. Written a total of 15 minutes for all speakers. statements must be received by the date Interested parties should contact the Summary minutes of the listed in ‘‘Public Input’’ under Council Coordinator, in writing teleconference will be maintained by SUPPLEMENTARY INFORMATION, so that the (preferably via email; see FOR FURTHER the Council Coordinator (see FOR information may be made available to INFORMATION CONTACT), to be placed on FURTHER INFORMATION CONTACT) and will the Council for their consideration prior the public speaker list for this be available for public inspection within to this teleconference. Written teleconference. To ensure an 90 days of the meeting and will be statements must be supplied to the opportunity to speak during the public posted on the Council’s Web site at Council Coordinator in one of the comment period of the teleconference, http://www.fws.gov/sfbpc. following formats: One hard copy with members of the public must register Stephen Guertin, original signature, and one electronic with the Council Coordinator. Director. copy via email (acceptable file formats Registered speakers who wish to expand are Adobe Acrobat PDF, MS Word, MS upon their oral statements, or those who [FR Doc. 2013–20937 Filed 8–27–13; 8:45 am] PowerPoint, or rich text file). had wished to speak but could not be BILLING CODE 4310–55–P

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DEPARTMENT OF THE INTERIOR Applications Available for Review and • Phantom Tryonia (Tryonia Comment cheatumi) Fish and Wildlife Service • We invite local, State, Tribal, and Diminutive amphipod (Gammarus hyalleloides) [FWS–R2–ES–2013–N139; Federal agencies, and the public to • FXES11130200000–134–FF02ENEH00] comment on the following applications. Pecos amphipod (Gammarus pecos) Please refer to the appropriate permit Permit TE–94766A Endangered and Threatened Species number (e.g., Permit No. TE–123456) Applicant: Carmen Greenwood, Permit Applications when requesting application documents Oklahoma State University, Stillwater, and when submitting comments. AGENCY: Fish and Wildlife Service, Oklahoma. Documents and other information the Interior. Applicant requests an amendment to applicants have submitted with these ACTION: Notice of receipt of applications; a current permit for research and applications are available for review, request for public comment. recovery purposes to conduct presence/ subject to the requirements of the absence surveys of American burying SUMMARY: We, the U.S. Fish and Privacy Act (5 U.S.C. 552a) and beetle (Nicrophorus americanus) within Wildlife Service, invite the public to Freedom of Information Act (5 U.S.C. Kentucky and Arkansas. comment on the following applications 552). to conduct certain activities with Permit TE–004439 endangered or threatened species. The Permit TE–00284A Applicant: Albuquerque BioPark, Endangered Species Act of 1973, as Applicant: Stephanie Rainwater, Albuquerque, New Mexico. amended (Act), prohibits activities with Collinsville, Oklahoma. Applicant requests an amendment to endangered and threatened species Applicant requests a renewal to a a current permit for research and unless a Federal permit allows such current permit for research and recovery recovery purposes to conduct activities. The Act and the National purposes to conduct presence/absence Environmental Policy Act also require surveys, trap and relocate activities and husbandry and holding of loach that we invite public comment before other research activities for the minnow (Tiaroga cobitis) and spikedace issuing these permits. American burying beetle (Nicrophorus (Meda fulgida) at the BioPark in Albuquerque, New Mexico. DATES: To ensure consideration, written americanus) within Arkansas, Kansas, comments must be received on or before Ohio, Oklahoma, South Dakota, and Permit TE–819473 Texas. September 27, 2013. Applicant: Grand Canyon National ADDRESSES: Marty Tuegel, Section 10 Permit TE–08339B Park, Grand Canyon, Arizona. Coordinator, by U.S. mail at Division of Applicant: U.S. Forest Service, Applicant requests a renewal to a Endangered Species, U.S. Fish and current permit for research and recovery Wildlife Service, P.O. Box 1306, Room Apache-Sitgreaves National Forest, Springerville, Arizona. purposes to conduct presence/absence 6034, Albuquerque, NM at 505–248– surveys of the following animal species 6920. Please refer to the respective Applicant requests a new permit for research and recovery purposes to and seed collection for the following permit number for each application plant species in Arizona: when submitting comments. conduct presence/absence surveys and • monitoring of the following species in California condor (Gymnogyps FOR FURTHER INFORMATION CONTACT: Arizona: californianus) Susan Jacobsen, Chief, Endangered • • Humpback chub (Gila cypha) Gila chub (Gila intermedia) • Species Division, P.O. Box 1306, • Loach minnow (Tiaroga cobitis) Razorback sucker (Xyrauchen Albuquerque, NM 87103; 505–248– • Mexican gray wolf (Canis lupus texanus) • 6651. baileyi) Sentry milk-vetch (Astragalus SUPPLEMENTARY INFORMATION: • Razorback sucker (Xyrauchen cremnophylax var. cremnophylax) • Southwestern willow flycatcher Public Availability of Comments texanus) • Southwestern willow flycatcher (Empinodax traillii extimus) The Act (16 U.S.C. 1531 et seq.) (Empidonax traillii extimus) Permit TE–045236 prohibits activities with endangered and • Spikedace (Meda fulgida) threatened species unless a Federal • Three Forks springsnail Applicant: SWCA, Inc., Albuquerque, permit allows such activities. Along (Pyrgulopsis trivialis) New Mexico. with our implementing regulations in Applicant requests an amendment to the Code of Federal Regulations (CFR) at Permit TE–676811 a current permit for research and 50 CFR 17, the Act provides for permits, Applicant: U.S. Fish and Wildlife recovery purposes to conduct presence/ and requires that we invite public Service-Region 2, Albuquerque, New absence surveys of American burying comment before issuing these permits. Mexico. beetle (Nicrophorus americanus) within A permit granted by us under section Applicant requests an amendment to Arkansas, Nebraska, Oklahoma, and 10(a)(1)(A) of the Act authorizes a current permit for research and Texas. applicants to conduct activities with recovery purposes to conduct presence/ National Environmental Policy Act U.S. endangered or threatened species absence surveys and recovery activities (NEPA) for scientific purposes, enhancement of on seven endangered invertebrates survival or propagation, or interstate within Arizona and Texas: In compliance with NEPA (42 U.S.C. commerce. Our regulations regarding • Three Forks springsnail 4321 et seq.), we have made an initial implementation of section 10(a)(1)(A) (Pyrgulopsis trivialis) determination that the proposed permits are found at 50 CFR 17.22 for • Phantom springsnail (Pyrgulopsis activities in these permits are endangered wildlife species, 50 CFR texana) categorically excluded from the 17.32 for threatened wildlife species, 50 • Diamond Tryonia (Pseudotryonia requirement to prepare an CFR 17.62 for endangered plant species, adamantina) environmental assessment or and 50 CFR 17.72 for threatened plant • Gonzales Tryonia (Tryonia environmental impact statement (516 species. circumstriata) DM 6 Appendix 1, 1.4C(1)).

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Public Availability of Comments DATES: Any party claiming a property Land Management (BLM) Central All comments and materials we interest in the lands affected by the Montana Resource Advisory Council receive in response to this request will decision may appeal the decision in (RAC) will meet as indicated below. be available for public inspection, by accordance with the requirements of 43 CFR part 4 within the following time DATES: The meeting will be September appointment, during normal business 18–19, 2013. The September 18 meeting hours at the address listed in the limits: 1. Unknown parties, parties unable to will begin at 10 a.m. with a 30-minute ADDRESSES section of this notice. be located after reasonable efforts have public comment period and will Before including your address, phone adjourn at 6:00 p.m. The September 19 number, email address, or other been expended to locate, parties who fail or refuse to sign their return receipt, meeting will begin at 8 a.m. with a 30- personal identifying information in your minute public comment period comment, you should be aware that and parties who receive a copy of the beginning at 10 a.m. and will adjourn at your entire comment—including your decision by regular mail which is not 12 p.m. personal identifying information—may certified, return receipt requested, shall have until September 27, 2013 to file an be made publicly available at any time. ADDRESSES: The meetings will be in the While you can ask us in your comment appeal. 2. Parties receiving service of the Bureau of Land Management, Central to withhold your personal identifying decision by certified mail shall have 30 Montana District Office, Lewistown information from public review, we days from the date of receipt to file an Field Office Conference room at 920 NE cannot guarantee that we will be able to appeal. Main, Lewistown, Montana. do so. Parties who do not file an appeal in FOR FURTHER INFORMATION CONTACT: Gary Authority accordance with the requirements of 43 L. ‘‘Stan’’ Benes, Central Montana We provide this notice under section CFR part 4 shall be deemed to have District Manager, Lewistown Field 10 of the Act (16 U.S.C. 1531 et seq.) waived their rights. Notices of appeal Office, 920 NE Main, Lewistown, MT transmitted by electronic means, such as Dated: August 15, 2013. 59457, (406) 538–1900, facsimile or email, will not be accepted [email protected]. Persons who use a Benjamin N. Tuggle, as timely filed. telecommunications device for the deaf Regional Director, Southwest Region. ADDRESSES: A copy of the decision may (TDD) may call the Federal Information [FR Doc. 2013–20966 Filed 8–27–13; 8:45 am] be obtained from: Bureau of Land Relay Service (FIRS) at 1–800–677–8339 BILLING CODE 4310–55–P Management, Alaska State Office, 222 to contact the above individual during West Seventh Avenue, #13, Anchorage, normal business hours. The FIRS is AK 99513–7504. DEPARTMENT OF THE INTERIOR available 24 hours a day, 7 days a week FOR FURTHER INFORMATION CONTACT: The to leave a message or question with the Bureau of Land Management BLM by phone at 907–271–5960 or by above individual. You will receive a email at blm_ak_akso_public_room@ reply during normal business hours. [F–14866–A, F–14866–A2; LLAK940000– blm.gov. Persons who use a L14100000–HY0000–P] Telecommunications Device for the Deaf SUPPLEMENTARY INFORMATION: This 15- (TDD) may call the Federal Information member council advises the Secretary of Alaska Native Claims Selection Relay Service (FIRS) at 1–800–877–8339 the Interior on a variety of management AGENCY: Bureau of Land Management, to contact the BLM during normal issues associated with public land Interior. business hours. In addition, the FIRS is management in Montana. During these available 24 hours a day, 7 days a week, ACTION: Notice of Decision Approving meetings the council will participate in/ to leave a message or question with the Lands for Conveyance. discuss/act upon these topics/activities: BLM. The BLM will reply during a roundtable discussion among council SUMMARY: As required by 43 CFR normal business hours. members and the BLM; Montana State 2650.7(d), notice is hereby given that an Joe J. Labay, Director update; Lands with Wilderness appealable decision will be issued by Land Transfer Resolution Specialist, Characteristics field trip; 9th District the Bureau of Land Management (BLM) Division of Lands and Cadastral. Court Decisions; Monument Leases to Sea Lion Corporation. The decision [FR Doc. 2013–20989 Filed 8–27–13; 8:45 am] Vacated; Sage Grouse and Lewistown approves the surface estate in the lands BILLING CODE 4310–JA–P RMP update; HiLine RMP; and District described below for conveyance Manager updates. All RAC meetings are pursuant to the Alaska Native Claims open to the public. Each formal RAC Settlement Act (43 U.S.C. 1601, et seq.). DEPARTMENT OF THE INTERIOR meeting will also have time allocated for The subsurface estate in these lands will hearing public comments. Depending on be conveyed to Calista Corporation Bureau of Land Management the number of persons wishing to when the surface estate is conveyed to Sea Lion Corporation. The lands are in [LLMTL00000.L10200000.PG0000] comment and time available, the time the vicinity of Hooper Bay, Alaska, and for individual oral comments may be Notice of Public Meeting; Central limited. are located in: Montana Resource Advisory Council Seward Meridian, Alaska Gary L. ‘‘Stan’’ Benes, AGENCY: Bureau of Land Management, Central Montana District Manager. T. 20 N., R. 87 W., Interior. Secs. 2 to 6, inclusive; [FR Doc. 2013–20967 Filed 8–27–13; 8:45 am] ACTION: Notice of public meeting. Secs. 8 to 11, inclusive. BILLING CODE 4310–DN–P Containing 4,516.46 acres. SUMMARY: In accordance with the Notice of the decision will also be Federal Land Policy and Management published once a week for four Act and the Federal Advisory consecutive weeks in the Delta Committee Act of 1972, the U.S. Discovery. Department of the Interior, Bureau of

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INTERNATIONAL TRADE to several patents but not with respect SUMMARY: The Advisory Committee on COMMISSION to U.S. Patent No. 7,659,571 (‘‘the ’571 Rules of Criminal Procedure will hold a patent’’). On April 8, 2013, complainant one-day meeting. The meeting will be [Investigation No. 337–TA–819] Elpida and Nanya filed petitions for open to public observation but not Certain Semiconductor Chips With review of certain portions of the ID but participation. Dram Circuitry, and Modules and not for review of the determination of DATES: October 18, 2013. Products Containing Same: Notice of no violation with respect to the ’571 Time: 8:30 a.m. to 5:00 p.m. Commission Determination To patent. On July 2, 2013, the Commission ADDRESSES: University of Utah, S.J. Terminate the Investigation Based on determined not to review the Quinney College of Law, 332 South Settlement determination of no violation with 1400 East, Salt Lake City, UT 84112. respect to the ’571 patent and that FOR FURTHER INFORMATION CONTACT: AGENCY: U.S. International Trade determination became final. The Jonathan C. Rose, Secretary and Chief Commission. Commission determined to review the Rules Officer, Rules Committee Support remainder of the ID and requested ACTION: Notice. Office, Administrative Office of the certain briefing from the parties and United States Courts, Washington, DC SUMMARY: Notice is hereby given that from the public. 20544, telephone (202) 502–1820. the U.S. International Trade On July 31, 2013, the parties jointly Commission has determined to moved for termination of the Dated: August 23, 2013. terminate the above-captioned investigation based on a settlement Jonathan C. Rose, investigation based on a settlement agreement. Secretary and Chief Rules Officer . agreement between the parties. The Commission has determined that [FR Doc. 2013–20980 Filed 8–27–13; 8:45 am] FOR FURTHER INFORMATION CONTACT: the motion to terminate the BILLING CODE 2210–55–P Clark S. Cheney, Office of the General investigation based on a settlement Counsel, U.S. International Trade agreement complies with Commission Commission, 500 E Street SW., Rule 210.21 (19 CFR 210.21). The DEPARTMENT OF LABOR Washington, DC 20436, telephone 202– Commission has further determined that 205–2661. Copies of non-confidential terminating the investigation based on Occupational Safety and Health documents filed in connection with this the settlement agreement between Administration Elpida and Nanya is not contrary to the investigation are or will be available for [Docket No. OSHA–2010–0037] inspection during official business public interest. Accordingly, the hours (8:45 a.m. to 5:15 p.m.) in the Commission has determined to grant the Standard for Welding, Cutting, and Office of the Secretary, U.S. joint motion and terminate the Brazing; Extension of the Office of International Trade Commission, 500 E investigation. Management and Budget’s (OMB) Street SW., Washington, DC 20436, The issues previously under review Approval of Information Collection telephone 202–205–2000. General by the Commission are now moot in (Paperwork) Requirements information concerning the Commission view of the parties’ settlement. The AGENCY: Occupational Safety and Health may also be obtained by accessing its portions of the ID previously under Administration (OSHA), Labor. Internet server (http://www.usitc.gov). review by the Commission do not The public record for this investigation constitute a Commission determination ACTION: Request for public comments. may be viewed on the Commission’s and have been set aside. See Commission Rule 210.45(c) (19 CFR SUMMARY: OSHA solicits public electronic docket (EDIS) at http://edis. comments concerning its proposal to usitc.gov. Hearing-impaired persons are 210.45(c)). The authority for the Commission’s extend the Office of Management and advised that information on this matter determination is contained in section Budget’s (OMB) approval of the can be obtained by contacting the 337 of the Tariff Act of 1930, as information collection requirements Commission’s TDD terminal on 202– amended (19 U.S.C. 1337), and in Part contained in the Standard for Welding, 205–1810. 210 of the Commission’s Rules of Cutting, and Brazing (29 CFR Part 1910, SUPPLEMENTARY INFORMATION: The Practice and Procedure (19 CFR Part Subpart Q). The information collected is Commission instituted this investigation 210). used by employers and workers on December 21, 2011, based on a whenever welding, cutting, and brazing complaint filed by Elpida Memory, Inc., By order of the Commission. are performed. The purpose of the of Tokyo, Japan, and Elpida Memory Issued: August 22, 2013. information is to ensure that employers (USA) Inc. of Sunnyvale, California Lisa R. Barton, evaluate hazards associated with (collectively, ‘‘Elpida’’). 76 FR 79215 Acting Secretary to the Commission. welding and ensure that adequate (Dec. 21, 2011). The complaint alleged [FR Doc. 2013–20952 Filed 8–27–13; 8:45 am] measures are taken to make the process violations of section 337 of the Tariff BILLING CODE 7020–02–P safe. Act of 1930, as amended (19 U.S.C. DATES: Comments must be submitted 1337), based on infringement of several (postmarked, sent, or received) by U.S. patents. The notice of investigation JUDICIAL CONFERENCE OF THE October 28, 2013. named Nanya Technology Corporation UNITED STATES ADDRESSES: of Tao Yuan, Taiwan, and Nanya Electronically: You may submit Technology Corporation, U.S.A. of Meeting of the Judicial Conference comments and attachments Santa Clara, California (collectively, Committee on Rules of Practice and electronically at http:// ‘‘Nanya’’), as respondents. The Office of Procedure www.regulations.gov, which is the Unfair Import Investigations did not AGENCY: Judicial Conference of the Federal eRulemaking Portal. Follow the participate in the investigation. United States Advisory Committee on instructions online for submitting On March 26, 2013, the ALJ issued a Rules of Criminal Procedure. comments. final initial determination (‘‘ID’’) finding Facsimile: If your comments, ACTION: Notice of open meeting. a violation of section 337 with respect including attachments, are not longer

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than 10 pages, you may fax them to the program ensures that information is in and Brazing Standard. The Agency will OSHA Docket Office at (202) 693–1648. the desired format, reporting burden summarize the comments submitted in Mail, hand delivery, express mail, (time and costs) is minimal, collection response to this notice, and will include messenger, or courier service: When instruments are clearly understood, and this summary in its request to OMB. using this method, you must submit a OSHA’s estimate of the information Type of Review: Extension of a copy of your comments and attachments collection burden is accurate. The currently approved collection. to the OSHA Docket Office, OSHA Occupational Safety and Health Act of Title: Standard for Welding, Cutting, Docket No. OSHA–2010–0037, U.S. 1970 (the OSH Act) (29 U.S.C. 651 et and Brazing. Department of Labor, Occupational seq.) authorizes information collection OMB Control Number: 1218–0207. Safety and Health Administration, by employers as necessary or Affected Public: Business or other for- Room N–2625, 200 Constitution Avenue appropriate for enforcement of the OSH profits. NW., Washington, DC 20210. Deliveries Act or for developing information Number of Respondents: 20,094. (hand, express mail, messenger, and regarding the causes and prevention of Frequency of Response: On occasion. courier service) are accepted during the occupational injuries, illnesses, and Total Responses: 80,657. Average Time per Response: OSHA Department of Labor’s and Docket accidents (29 U.S.C. 657). The OSH Act estimates it will take 1 minute (.02 hour) Office’s normal business hours, 8:15 also requires OSHA to obtain such to maintain the inspection certification a.m. to 4:45 p.m., e.t. information with minimum burden record to 5 minutes (.08 hour) for each Instructions: All submissions must upon employers, especially those welder to perform the inspection include the Agency name and OSHA operating small businesses, and to periodically (semiannually). docket number (OSHA–2010–0037) for reduce to the maximum extent feasible Estimated Total Burden Hours: 5,635. the Information Collection Request unnecessary duplication of efforts in Estimated Cost (Operation and (ICR). All comments, including any obtaining information (29 U.S.C. 657). Maintenance): $0. personal information you provide, are Section 1910.255(e) requires that a placed in the public docket without periodic inspection of resistance IV. Public Participation—Submission of change, and may be made available welding equipment be made by Comments on This Notice and Internet online at http://www.regulations.gov. qualified maintenance personnel, and Access to Comments and Submissions For further information on submitting that a certification record be generated You may submit comments in comments see the ‘‘Public and maintained. The certification shall response to this document as follows: Participation’’ heading in the section of include the date of the inspection, the (1) Electronically at http:// this notice titled SUPPLEMENTARY signature of the person who performed www.regulations.gov, which is the INFORMATION. the inspection and the serial number, or Federal eRulemaking Portal; (2) by Docket: To read or download other identifier, for the equipment facsimile (fax); or (3) by hard copy. All comments or other material in the inspected. The record shall be made comments, attachments, and other docket, go to http://www.regulations.gov available to an OSHA inspector upon material must identify the Agency name or the OSHA Docket Office at the request. The maintenance inspection and the OSHA docket number for the address above. All documents in the ensures that welding equipment is in ICR (Docket No. OSHA–2010–0037). docket (including this Federal Register safe operating condition while the You may supplement electronic notice) are listed in the http:// maintenance record provides evidence submissions by uploading document www.regulations.gov index; however, to workers and Agency compliance files electronically. If you wish to mail some information (e.g., copyrighted officers that employers performed the additional materials in reference to an material) is not publicly available to required inspections. electronic or facsimile submission, you read or download from the Web site. All II. Special Issues for Comment must submit them to the OSHA Docket submissions, including copyrighted Office (see the section of this notice OSHA has a particular interest in material, are available for inspection titled ADDRESSES). The additional and copying at the OSHA Docket Office. comments on the following issues: • materials must clearly identify your You may also contact Theda Kenney at Whether the proposed information collection requirements are necessary electronic comments by your name, the address below to obtain a copy of date, and the docket number so the the ICR. for the proper performance of the Agency’s functions, including whether Agency can attach them to your FOR FURTHER INFORMATION CONTACT: the information is useful; comments. Theda Kenney or Todd Owen, • The accuracy of OSHA’s estimate of Because of security procedures, the Directorate of Standards and Guidance, the burden (time and costs) of the use of regular mail may cause a OSHA, U.S. Department of Labor, Room information collection requirements, significant delay in the receipt of N–3609, 200 Constitution Avenue NW., including the validity of the comments. For information about Washington, DC 20210; telephone (202) methodology and assumptions used; security procedures concerning the 693–2044. • The quality, utility, and clarity of delivery of materials by hand, express SUPPLEMENTARY INFORMATION: the information collected; and delivery, messenger, or courier service, • please contact the OSHA Docket Office I. Background Ways to minimize the burden on employers who must comply; for at (202) 693–2350, (TTY (877) 889– The Department of Labor, as part of its example, by using automated or other 5627). Comments and submissions are continuing effort to reduce paperwork technological information collection posted without change at http:// and respondent (i.e., employer) burden, and transmission techniques. www.regulations.gov. Therefore, OSHA conducts a preclearance consultation cautions commenters about submitting program to provide the public with an III. Proposed Actions personal information such as social opportunity to comment on proposed The Agency requests an adjustment security numbers and dates of birth. and continuing information collection decrease of 300 burden hours (from Although all submissions are listed in requirements in accord with the 5,935 burden hours to 5,635 burden the http://www.regulations.gov index, Paperwork Reduction Act of 1995 hours) associated with the collection of some information (e.g., copyrighted (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This information in the Welding, Cutting, material) is not publicly available to

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read or download through this Web site. OMB Contact: Office of Management II. Data All submissions, including copyrighted and Budget, ATTN: Desk Officer for Title: Production of Non-public material, are available for inspection the National Credit Union Records and Testimony of Employees in and copying at the OSHA Docket Office. Administration, Office of Information Legal Proceedings (Touhy Request). Information on using the http:// and Regulatory Affairs, Washington, OMB Number: 3133–0146. www.regulations.gov Web site to submit DC 20503. Form Number: None. comments and access the docket is Type of Review: Reinstatement, with FOR FURTHER INFORMATION CONTACT: available at the Web site’s ‘‘User Tips’’ change, of a previously approved link. Contact the OSHA Docket Office Requests for additional information, a collection. for information about materials not copy of the information collection Description: The regulation in 12 CFR available through the Web site and for request, or a copy of submitted part 792, Subpart C details the assistance in using the Internet to locate comments should be directed to Tracy requirements for obtaining the docket submissions. Crews at the National Credit Union production of nonpublic NCUA records Administration, 1775 Duke Street, for use in legal proceedings and V. Authority and Signature Alexandria, VA 22314–3428, or at (703) testimony of NCUA personnel. David Michaels, Ph.D., MPH, 518–6444. Respondents: Respondents will most Assistant Secretary of Labor for SUPPLEMENTARY INFORMATION: likely be persons involved in legal Occupational Safety and Health, proceedings. directed the preparation of this notice. I. Abstract and Request for Comments Estimated No. of Respondents/ The authority for this notice is the Recordkeepers: 20. Paperwork Reduction Act of 1995 (44 NCUA is reinstating a previously Estimated Burden Hours per U.S.C. 3506 et seq.) and Secretary of approved collection of information for Response: 2 hours. Labor’s Order No. 1–2012 (77 FR 3912, 3133–0146. 12 CFR part 792, Subpart C Frequency of Response: Reporting, on January 25, 2012). requires anyone requesting NCUA non- occasion. Estimated Total Annual Burden Signed at Washington, DC, on August 22, public records for use in legal 2013. proceedings, or similarly the testimony Hours: 40. Estimated Total Annual Cost: None. David Michaels, of NCUA personnel, to provide NCUA with information regarding the Assistant Secretary of Labor for Occupational By the National Credit Union Safety and Health. requester’s grounds for the request. This Administration Board on August 22, 2013. process is also known as a ‘‘Touhy [FR Doc. 2013–20954 Filed 8–27–13; 8:45 am] Gerard Poliquin, Request’’. The information collected BILLING CODE 4510–26–P Secretary of the Board. will help the NCUA decide whether to [FR Doc. 2013–20946 Filed 8–27–13; 8:45 am] release non-public records or permit BILLING CODE 7535–01–P employees to testify in legal NATIONAL CREDIT UNION proceedings. ADMINISTRATION NCUA regulations also require an NATIONAL CREDIT UNION Agency Information Collection entity or person in possession of NCUA ADMINISTRATION Activities: Submission to OMB for records to notify the NCUA upon receipt Agency Information Collection Reinstatement, With Change, of a of a subpoena for those records. The Activities: Submission to OMB for Previously Approved Collection; NCUA requires this notice to protect its Comment Request Reinstatement, Without Change, of a records and, when necessary, intervene Previously Approved Collection; in litigation or file an objection to the AGENCY: National Credit Union Comment Request Administration (NCUA). disclosure of its confidential information in the appropriate court or AGENCY: National Credit Union ACTION: Request for comment. tribunal. Administration (NCUA). SUMMARY: The NCUA intends to submit The NCUA requests that you send ACTION: Request for comment. the following information collection to your comments on this collection to the SUMMARY: The NCUA intends to submit the Office of Management and Budget location listed in the addresses section. the following information collection to (OMB) for review and clearance under Your comments should address: (a) The the Office of Management and Budget the Paperwork Reduction Act of 1995. necessity of the information collection (OMB) for review and clearance under The information collection relates to for the proper performance of NCUA, the Paperwork Reduction Act of 1995. requests for non-public records and for including whether the information will This information collection is published testimony by NCUA employees in legal have practical utility; (b) the accuracy of to obtain comments from the public. proceedings. This information our estimate of the burden (hours and The information collection applies to collection notice is published to obtain cost) of the collection of information, credit unions that engage in member comments from the public. including the validity of the business lending and requires written DATES: Comments will be accepted until methodology and assumptions used; (c) loan policies that address the various September 27, 2013. ways we could enhance the quality, aspects of the member business loan ADDRESSES: Interested parties are utility, and clarity of the information to program. Credit unions desiring a invited to submit written comments to be collected; and (d) ways we could waiver from appraisal requirements, the NCUA Contact and the OMB minimize the burden of the collection of aggregate construction and development Reviewer listed below: the information on the respondents such loan, loan-to-value ratios, personal NCUA Contact: Tracy Crews, National as through the use of automated liability and guarantee requirements, Credit Union Administration, 1775 collection techniques or other forms of unsecured lending limits to one Duke Street, Alexandria, Virginia information technology. It is NCUA’s borrower, aggregate unsecured lending 22314–3428, Fax No. 703–837–2861, policy to make all comments available limits, or outstanding loans to one Email: [email protected]. to the public for review. borrower limits of NCUA’s Rules and

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Regulations, must submit certain Part 723 also permits credit unions to necessity of the information collection information to NCUA for consideration. apply for a waiver from certain for the proper performance of NCUA, Finally, a credit union seeking regulatory requirements. 12 CFR including whether the information will regulatory approval to purchase certain 723.10–11. Specifically, the rule permits have practical utility; (b) the accuracy of business loans in addition to those, waivers from the following our estimate of the burden (hours and which are statutorily limited, must requirements or limitations: appraisal cost) of the collection of information, submit certain information to NCUA for requirements, aggregate construction including the validity of the consideration. and development loan limits, minimum methodology and assumptions used; (c) DATES: Comments will be accepted borrower equity requirements for ways we could enhance the quality, September 27, 2013. construction and development loans, utility, and clarity of the information to ADDRESSES: Interested parties are loan-to-value ratios, personal liability be collected; and (d) ways we could invited to submit written comments to and guarantee requirements, unsecured minimize the burden of the collection of the NCUA Contact and the OMB lending limits to one borrower, the information on the respondents such Reviewer listed below: aggregate unsecured lending limits, and as through the use of automated NCUA Contact: Tracy Crews, National outstanding loans to one borrower collection techniques or other forms of Credit Union Administration, 1775 limits. NCUA needs certain information information technology. It is NCUA’s Duke Street, Alexandria, Virginia from a credit union to consider the policy to make all comments available 22314–3428, Fax No. 703–837–2861, waiver request and evaluate the risks to the public for review. and impact of the waiver on the credit Email: [email protected]. II. Data OMB Contact: Office of Management union and potential effect on the and Budget, ATTN: Desk Officer for NCUSIF. OMB Number: 3133–0101. Form Number: N/A. the National Credit Union Finally, part 723 permits a credit union to obtain regulatory approval so Type of Review: Reinstatement, Administration, Office of Information that it may purchase certain business without change. and Regulatory Affairs, Washington, purpose loans in addition to those Title: 12 CFR parts 723.5—Develop DC 20503. which are statutorily limited. 12 CFR Written Loan Policies—and 723.11— FOR FURTHER INFORMATION CONTACT: 723.16(b)(2). NCUA needs certain Provide Waiver Requests. Request for additional information, a information from a credit union to Description: The general purpose of copy of the information collection evaluate its request so that NCUA may the requirements imposed by the rule is request, or a copy of submitted assess safety and soundness to ensure that loans are made, comments should be directed to Tracy considerations and potential effect on documented, and accounted for Crews at the National Credit Union the NCUSIF. properly and for the ultimate protection Administration, 1775 Duke Street, NCUA examiners review the credit of the National Credit Union Share Alexandria, VA 22314–3428, or at (703) union policies during regulatory Insurance Fund. Respondents are 518–6444. examinations. These reviews allow federally insured credit unions who SUPPLEMENTARY INFORMATION: examiners to determine the make business loans as defined in the regulation. I. Abstract and Request for Comments appropriateness and risks of the programs they address for both the Respondents: Federally Insured Credit NCUA is amending/reinstating the credit union and the NCUSIF. Written Unions. collection for 3133–0101. Part 723 policies enable examiners to determine Estimated No. of Respondents/ implements provisions in the Federal that the credit union is, in fact, Recordkeepers: 1,116. Credit Union Act (Act) for business following its own business planning in Estimated Burden Hours per loans and addresses NCUA’s safety and engaging member business lending. As Response: 4–17 hours. soundness concerns regarding this part of the examination process, this Frequency of Response: activity. Part 723 requires that credit review helps prevent losses to credit Recordkeeping, reporting and on unions that engage in business lending unions and the NCUSIF. occasion. maintain written loan policies that For waiver requests, the information Estimated Total Annual Burden address various aspects of the activity, in the requests permits NCUA staff to Hours: 9,492 hours. including identification of the types of make a reasonable determination of the Estimated Total Annual Cost: $0. business loans the credit union will appropriateness of the requests. For loan By the National Credit Union make, qualifications of loan officers, approval requests, the information in Administration Board on August 22, 2013. documentation requirements for the requests permits NCUA staff to Gerard Poliquin, creditworthiness of borrowers, collateral determine the appropriateness and risks Secretary of the Board. requirements, loan procedures, interest of the loan purchases the credit union [FR Doc. 2013–20947 Filed 8–27–13; 8:45 am] rates and maturities, and so forth. 12 proposes for both the credit union and BILLING CODE 7535–01–P CFR 723.6. Business lending is the NCUSIF. recognized as inherently riskier than An increase in the reporting burden consumer lending and requires from the prior submission occurred due NATIONAL CREDIT UNION particular expertise. Before to an adjustment to the estimated ADMINISTRATION promulgation of the member business responses based upon current credit loan regulation in the 1980s, business union activity. While the number of Agency Information Collection loans caused significant losses to the respondents decreased, the estimated Activities: Submission to OMB for credit unions and the National Credit waiver activity increased resulting in an Reinstatement, Without Change, of a Union Share Insurance Fund (NCUSIF). overall increase in annual response Previously Approved Collection; Requiring federally-insured credit hours. Comment Request unions to develop specific business loan The NCUA requests that you send AGENCY: National Credit Union policies and procedures protects the your comments on this collection to the Administration (NCUA). safety and soundness of credit unions location listed in the addresses section. ACTION: Request for comment. and the NCUSIF. Your comments should address: (a) The

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SUMMARY: The NCUA intends to submit requirement. There is no change in NATIONAL CREDIT UNION the following information collection to burden hours from previous submission. ADMINISTRATION the Office of Management and Budget The NCUA requests that you send (OMB) for review and clearance under your comments on this collection to the Agency Information Collection the Paperwork Reduction Act of 1995. location listed in the addresses section. Activities: Submission to OMB for This information collection is published Your comments should address: (a) The Reinstatement, With Change, of a to obtain comments from the public. necessity of the information collection Previously Approved Collection; The NCUA rules and regulations, place for the proper performance of NCUA, Comment Request a maximum borrowing limit on including whether the information will AGENCY: National Credit Union federally insured credit unions. State have practical utility; (b) the accuracy of Administration (NCUA). chartered federally insured credit our estimate of the burden (hours and ACTION: Request for comment. unions must seek a waiver of the cost) of the collection of information, borrowing limit from the NCUA including the validity of the SUMMARY: The NCUA intends to submit Regional Director prior to exceeding this methodology and assumptions used; (c) the following information collection to limitation. ways we could enhance the quality, the Office of Management and Budget DATES: Comments will be accepted until utility, and clarity of the information to (OMB) for review and clearance under September 27, 2013. be collected; and (d) ways we could the Paperwork Reduction Act of 1995. ADDRESSES: Interested parties are minimize the burden of the collection of This information collection notice is invited to submit written comments to the information on the respondents such published to obtain comments from the the NCUA Contact and the OMB as through the use of automated public. This is related to NCUA’s Reviewer listed below: collection techniques or other forms of regulation on mergers of federally- information technology. It is NCUA’s insured credit unions and voluntary NCUA Contact: Tracy Crews, National policy to make all comments available termination or conversion of insured Credit Union Administration, 1775 to the public for review. status. Duke Street, Alexandria, Virginia 22314–3428, Fax No. 703–837–2861, II. Data DATES: Comments will be accepted until Email: [email protected]. September 27, 2013. Title: Maximum Borrowing Authority, ADDRESSES: OMB Contact: Office of Management 12 CFR 741.2. Interested parties are and Budget, ATTN: Desk Officer for invited to submit written comments to the National Credit Union OMB Number: 3133–0168. the NCUA Contact and the OMB Administration, Office of Information Form Number: None. Reviewer listed below: and Regulatory Affairs, Washington, Type of Review: Reinstatement, NCUA Contact: Tracy Crews, National DC 20503. without change, of a previously Credit Union Administration, 1775 FOR FURTHER INFORMATION CONTACT: approved collection. Duke Street, Alexandria, Virginia Requests for additional information, a Description: 12 CFR 741.2 places a 22314–3428, Fax No. 703–837–2861, copy of the information collection maximum borrowing limitation on Email: [email protected]. request, or a copy of submitted federally insured credit unions of 50 OMB Contact: Office of Management comments should be directed to Tracy percent of paid-in and unimpaired and Budget, ATTN: Desk Officer for Crews at the National Credit Union capital and surplus. The collection of the National Credit Union Administration, 1775 Duke Street, information requirement is for those Administration, Office of Information Alexandria, VA 22314–3428, or at (703) federally insured state-chartered credit and Regulatory Affairs, Washington, 518–6444. unions seeking a waiver from the DC 20503. maximum borrowing limitation of 50 SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: percent of paid-in and unimpaired Requests for additional information, a I. Abstract and Request for Comments capital and surplus. These credit unions copy of the information collection NCUA is reinstating the collection for must submit a detailed safety and request, or a copy of submitted 3133–0168. The collection of soundness analysis, a proposed comments should be directed to Tracy information requirement is for those aggregate amount, a letter from the state Crews at the National Credit Union state chartered federal insured credit regulator approving the request and an Administration, 1775 Duke Street, unions seeking a waiver from the explanation of the need for the waiver Alexandria, VA 22314–3428, or at (703) borrowing limit. These credit unions to the NCUA Regional Director. 518–6444. Respondents: Credit unions. must submit a detailed safety and SUPPLEMENTARY INFORMATION: soundness analysis, a proposed Estimated No. of Respondents/ aggregate amount, a letter from the state Recordkeepers: 2. I. Abstract and Request for Comments regulator approving the request and an Estimated Burden Hours per NCUA is reinstating a previously explanation of the need for the waiver Response: 8 hours. approved collection of information for to the NCUA Regional Director. This Frequency of Response: Reporting, 12 CFR part 708b, Mergers of Federally collection of information is necessary to and on occasion. Insured Credit Unions; Voluntary protect the National Credit Union Share Estimated Total Annual Burden Termination or Conversion of Insured Insurance Fund (‘‘Fund’’). The NCUA Hours: 16 hours. Status. The Federal Credit Union Act Board has determined that borrowing in Estimated Total Annual Cost: $496. (Act) authorizes the NCUA Board to excess of 50 percent of paid-in and prescribe rules regarding mergers of unimpaired capital and surplus may By the National Credit Union federally-insured credit unions and cause an undue risk to the Fund and a Administration Board on August 22, 2013. changes in insured status and requires loss of confidence in the credit union Gerard Poliquin, written approval of the Board before one system. The NCUA must be made aware Secretary of the Board. or more federally-insured credit of and be able to monitor those credit [FR Doc. 2013–20940 Filed 8–27–13; 8:45 am] union(s) merge or before a federally- unions seeking a waiver from the BILLING CODE 7535–01–P insured credit union terminates federal

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share insurance or converts to insurance in the future, NCUA estimates be collected; and (d) ways we could nonfederal share insurance. 12 U.S.C. there will be minimal burden in the minimize the burden of the collection of 1752(7), 1766(a), 1785(b), 1785(c), and form of collections of information on the information on the respondents such 1789(a). Part 708b of NCUA’s Rules and those credit unions. NCUA estimates it as through the use of automated Regulations sets forth the procedural will take each credit union collection techniques or other forms of and disclosure requirements for mergers approximately 12 hours to: information technology. It is NCUA’s of federally-insured credit unions, a. Prepare the required termination policy to make all comments available federal share insurance terminations, documents and submit the required to the public for review. and conversions from federal share information to NCUA (§ 708b.201); insurance to nonfederal (private) b. Notify the members and send them II. Data insurance. The rule is designed to the ballot (§ 708b.202); ensure NCUA has sufficient information c. Provide the required insurance OMB Number: 3133–0024. to determine whether to approve a disclosures in other communications Form Number: None. proposed merger, share insurance that the credit union plans to send to its Title: Mergers of Federally Insured termination, or share insurance members (§ 708b.206); Credit Unions; Voluntary Termination d. Notify NCUA of the results of the conversion. It further ensures that or Conversion of Insured Status, 12 CFR termination vote (§ 708b.201(d)(2)); and members of credit unions have part 708b. sufficient and accurate information to e. Provide members notice of exercise their vote properly concerning termination of insurance (§ 708b.202(c)). Type of Review: Reinstatement, with a proposed merger, insurance Zero respondents times 12 hours per change, of a previously approved termination, or insurance conversion. respondent equals zero total annual collection. The rule also protects the property burden hours associated with this Description: Part 708b of NCUA’s interests of members who may lose their collection of information. Rules and Regulations sets forth the federal share insurance due to a merger, Share Insurance Conversions procedural and disclosure requirements share insurance termination, or share Approximately two credit unions for mergers of federally-insured credit insurance conversion. 12 CFR part 708b. unions, federal share insurance The categories of burden for credit each year engage in private share insurance conversions outside of the terminations, and conversions from unions complying with part 708b may federal share insurance to nonfederal include the following: merger context. NCUA estimates there will be minimal burden in the form of (private) insurance. Submission of this Mergers collections of information, since NCUA information is designed to ensure NCUA Each year, there are approximately provides forms and form language in the has sufficient information whether to 240 mergers involving federally-insured regulation. NCUA estimates that it will approve a proposed merger, share credit unions (both natural person and take each credit union approximately 12 insurance termination, or share corporate credit unions). NCUA hours to: insurance conversion. It further ensures estimates it will take two merging credit a. Prepare the required conversion that members of credit unions have unions approximately 35 hours between documents and submit the required sufficient and accurate information to them to: information to NCUA (§§ 708b.203, exercise their vote properly concerning a. Prepare the required merger 708b.301(a)); a proposed merger, insurance documents (§ 708b.103); b. Notify members of the conversion termination, or insurance conversion. b. Collect and submit the required and send them the ballot (§§ 708b.204, The rule also protects the property information to NCUA (§ 708b.104); 708b.301(b) and (c)); interests of members who may lose their c. Provide the required insurance c. Provide the required insurance federal share insurance due to a merger, disclosures in other communications disclosures in other communications share insurance termination, or share that the credit union plans to send to its that the credit union plans to send to its insurance conversion. members if the merger involves a share members (§ 708b.206); insurance conversion (§ 708b.206); d. Notify NCUA of the results of the Respondents: Federally-insured credit d. Notify members of the merger and conversion vote (§ 708b.301(d)); and unions. send them the ballot (§§ 708b.106, e. Provide members notice of Estimated Number of Respondents: 708b.303(a), 708b.303(b)); conversion of insurance (§ 708b.204(c)). 242. e. Notify NCUA of the results of the Two respondents times 12 hours per Frequency of Response: Once; on merger vote (§§ 708b.107, 708b.303(c)); respondent equals 24 total annual f. Notify NCUA of the merger’s burden hours associated with this occasion. completion (§ 708b.108); and collection of information. Estimated Time per Response: Ranges g. Notify members of the results of the The NCUA requests that you send from 12 to 35 hours. your comments on this collection for merger and the possible effect on their Estimated Total Annual Burden Part 708b to the locations listed in the insurance coverage (§ 708b.101(e)). Hours: 8,424 hours. The 240 respondents (the two merging addresses section. Your comments credit unions together treated as one should address: (a) The necessity of the Estimated Total Annual Cost: respondent) times 35 hours per information collection for the proper $336,960. respondent equals 8,400 total annual performance of NCUA, including By the National Credit Union burden hours associated with this whether the information will have Administration Board on August 22, 2013. practical utility; (b) the accuracy of our collection of information. Gerard Poliquin, estimate of the burden (hours and cost) Share Insurance Termination of the collection of information, Secretary of the Board. Typically, no credit unions each year including the validity of the [FR Doc. 2013–20943 Filed 8–27–13; 8:45 am] engage in share insurance terminations. methodology and assumptions used; (c) BILLING CODE 7535–01–P If one or more credit unions were to ways we could enhance the quality, engage in a voluntary termination of utility, and clarity of the information to

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NATIONAL CREDIT UNION I. Abstract and Request for Comments programmatic modifications associated ADMINISTRATION NCUA is reinstating the information with increased number of respondents collection previously approved under and the use of technology. The increase Agency Information Collection OMB control number 3133–0166. Under in the number of respondents caused a Activities: Submission to OMB for HMDA, depository institutions that corresponding increase in the estimated Reinstatement, With Change, of a have a home office or branch office burden hours associated with the Previously Approved Collection located within a metropolitan statistical collection, even though NCUA estimates AGENCY: National Credit Union area must compile and make available the time per reportable loan application Administration (NCUA). to the public the number and total necessary to submit the information collection will not change. ACTION: Request for comment. dollar amount of mortgage loans originated (or for which the institution NCUA requests that you send your SUMMARY: The NCUA is submitting the received completed applications) or comments on this collection to the following information collection to the purchased during each year. 12 U.S.C. location listed in the addresses section. Office of Management and Budget 2801 et seq. The Consumer Financial Your comments should address: (a) The (OMB) for reinstatement under the Protection Bureau implements HMDA necessity of the information collection Paperwork Reduction Act of 1995. under Regulation C, 12 CFR part 1003. for the proper performance of NCUA, Notice of this information collection is Regulation C requires financial including whether the information will published to obtain comments from the institutions and mortgage lending have practical utility; (b) the accuracy of public. Under the Home Mortgage institutions to report data about home our estimate of the burden (hours and Disclosure Act (HMDA), financial purchase loans and refinancings that cost) of the collection of information, institutions that meet the reporting originated or purchased, or for which including the validity of the criteria must compile and make applications were received, and to methodology and assumptions used; (c) available data about their housing- disclose the data to the public. ways we could enhance the quality, related lending activity. The data is Under this information collection, utility, and clarity of the information to made available to the public for the credit unions meeting the criteria be collected; and (d) ways we could purposes of: (1) Helping to determine described in HMDA and Regulation C minimize the burden of the collection of whether financial institutions are must compile, report, and make the information on the respondents such serving the housing needs of their available data about home purchase as through the use of automated communities; (2) assisting public loans and refinancings they originate, collection techniques or other forms of officials in distributing public-sector purchase, or for which they receive information technology. It is NCUA’s investment so as to attract private applications. The data is made available policy to make all comments available investment to areas where it is needed; to the public to help to determine to the public for review. and (3) assisting in identifying possible whether credit unions, along with other II. Data discriminatory lending patterns and financial institutions and other Title: HMDA Requirements under 12 enforcing anti-discrimination statutes. mortgage lenders, are serving the U.S.C. 2801–2810 and Regulation C, 12 The information collection will assist housing needs of their members and to CFR part 1003. NCUA to ensure credit unions are in assist public officials in distributing compliance with fair lending laws and OMB Number: 3133–0166. public-sector investment so as to attract regulations. Form Number: NONE. private investment to areas where it is Type of Review: Reinstatement, with DATES: Comments will be accepted until needed. Additionally, federal regulators September 27, 2013. change, of a previously approved use the data to identify possible collection. ADDRESSES: Interested parties are discriminatory lending patterns and Description: The collection of this invited to submit written comments to enforce antidiscrimination statutes. data is required under the Home the NCUA contact and OMB reviewer Specifically, NCUA uses HMDA data Mortgage Disclosure Act. The data listed below: to examine credit union compliance collection is intended to provide the NCUA Contact: Tracy Crews, National with the Equal Credit Opportunity Act public with loan data that can be used Credit Union Administration, 1775 and the Fair Housing Act. NCUA also (1) To help determine whether financial Duke Street, Alexandria, Virginia uses the data to report credit union institutions are serving the housing 22314–3428, Fax No. 703–837–2861, lending practices to Congress and the needs of their communities; (2) to assist Email: [email protected]. public. The Federal Financial public officials in distributing public- OMB Contact: ATTN: Desk Officer for Institutions Examination Council sector investments so as to attract the National Credit Union compiles the data and makes it available private investment to areas where it is Administration, Office of to the public annually to carry out the needed; and (3) to assist in identifying Management and Budget, Office of purposes of HMDA. possible discriminatory lending patterns Information and Regulatory Affairs, NCUA is requesting reinstatement of and enforcing anti-discrimination Washington, DC 20503. OMB control number 3133–0166, with statutes. FOR FURTHER INFORMATION CONTACT: changes in the estimated burden due to Respondents: Credit unions. Requests for additional information or a an increase in the number of reporting Estimated No. of Respondents/Record copy of the information collection credit unions and the cost of the keepers: 2,015. request, or a copy of submitted technology used to submit the Estimated Burden Hours per comments should be directed to Tracy information. Since the initial approval Response: 47.25 hours. Crews at the National Credit Union of the information collection, the Frequency of Response: Record- Administration, 1775 Duke Street, number of credit unions involved in keeping, Third party disclosure and Alexandria, VA 22314–3428, or at (703) mortgage lending has increased slightly Reporting Annually. 518–6444. from 1,996 credit unions to 2,015 credit Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: Proposal unions. The estimated cost of the Hours: 95,210 hours. for the following collection of information collection has been Estimated Total Annual Cost: information: adjusted to reflect the cost of $1,428,150.

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By the National Credit Union SUPPLEMENTARY INFORMATION: Form Number: None. Administration Board on August 22, 2013. Type of Review: Third party I. Abstract and Request for Comments Gerard Poliquin, disclosure, and reporting, on occasion. Secretary of the Board. NCUA is amending/reinstating the Description: 12 CFR part 748 requires [FR Doc. 2013–20929 Filed 8–27–13; 8:45 am] collection for 3133–0033. NCUA is federally insured credit unions to renewing the requirements for Federally BILLING CODE 7535–01–P develop a written security program to Insured Credit Unions to maintain an safeguard sensitive member information security program and an information. This information collection NATIONAL CREDIT UNION incident response plan that complies requires that such programs be designed ADMINISTRATION with Title V of the Gramm-Leach-Bliley to respond to incidents of unauthorized Act, 15 U.S.C. 6801 et seq. Section 748.0 access or use, in order to prevent Agency Information Collection of NCUA’s Rules and Regulations, 12 substantial harm or serious Activities: Submission to OMB for CFR 748.0, directs federally insured inconvenience to members. Reinstatement, Without Change, of a credit unions to adopt a security Respondents: Federally insured credit Previously Approved Collection; program that includes ensuring the unions. Comment Request security and confidentiality of member Estimated Number of Respondents/ records, protecting against the Record keepers: 6,753. AGENCY: National Credit Union anticipated threats or hazards to the Estimated Burden Hours per Administration (NCUA). security or integrity of such records, and Response: 20 hours. ACTION: Request for comment. protecting against unauthorized access Frequency of Response: On occasion. to or use of such records that could Estimated Total Annual Burden SUMMARY: The NCUA intends to submit result in substantial harm or serious Hours: 138,300 hours. the following information collection to inconvenience to a member. The Estimated Total Annual Cost: None. the Office of Management and Budget security program also contains a By the National Credit Union (OMB) for review and clearance under requirement to respond to incidents of Administration Board on August 22, 2013. the Paperwork Reduction Act of 1995. unauthorized access to or use of Gerard Poliquin, This information collection is published member information that could result in Secretary of the Board. to obtain comments from the public. substantial harm or serious NCUA is renewing the requirements for [FR Doc. 2013–20938 Filed 8–27–13; 8:45 am] inconvenience to a member. Proper BILLING CODE 7535–01–P Federally Insured Credit Unions to incident response includes a maintain an information security notification requirement to the affected program and an incident response plan member. NCUA examiners review the NATIONAL CREDIT UNION that complies with Title V of the programs to determine whether the ADMINISTRATION Gramm-Leach-Bliley Act. The program credit union’s procedures comply with and response plan are required by the the information security and incident Agency Information Collection NCUA rules and regulations. Appendix response requirements. There is a Activities: Submission to OMB for B contains guidance on creating an decrease of 39,776 hours from the last Reinstatement, Without Change, of a effective incident response plan in the submission (2007). The decrease is a Previously Approved Collection; event of unauthorized access to member result of an adjustment to the number of Comment Request information and the requirements of the credit unions from 8,695 to 6,753. This AGENCY: notices distributed to the affected decline is from credit union mergers National Credit Union members. and liquidations. Administration (NCUA). ACTION: Request for comment. DATES: Comments will be accepted until The NCUA requests that you send September 27, 2013. your comments on this collection to the SUMMARY: The NCUA intends to submit ADDRESSES: Interested parties are location listed in the addresses section. the following information collection to invited to submit written comments to Your comments should address: (a) The the Office of Management and Budget the NCUA Contact and OMB Reviewer necessity of the information collection (OMB) for review and clearance under listed below: for the proper performance of NCUA, the Paperwork Reduction Act of 1995. including whether the information will This information collection is published NCUA Contact: Tracy Crews, National have practical utility; (b) the accuracy of Credit Union Administration, 1775 to obtain comments from the public. our estimate of the burden (hours and The NCUA rules and regulations, limit Duke Street, Alexandria, Virginia cost) of the collection of information, 22314–3428, Fax No. 703–837–2861, nonmember and public unit deposits in including the validity of the federally insured credit unions to 20 Email: [email protected]. methodology and assumptions used; (c) OMB Contact: Office of Management percent of their shares or $3.0 million, ways we could enhance the quality, and Budget, ATTN: Desk Officer for whichever is greater. utility, and clarity of the information to the National Credit Union DATES: Comments will be accepted until be collected; and (d) ways we could Administration, Office of Information September 27, 2013. minimize the burden of the collection of and Regulatory Affairs, Washington, the information on the respondents such ADDRESSES: Interested parties are DC 20503. as through the use of automated invited to submit written comments to FOR FURTHER INFORMATION CONTACT: collection techniques or other forms of the NCUA Contact and the OMB Requests for additional information, a information technology. It is NCUA’s Reviewer listed below: copy of the information collection policy to make all comments available NCUA Contact: Tracy Crews, National request, or a copy of submitted to the public for review. Credit Union Administration, 1775 comments should be directed to Tracy Duke Street, Alexandria, Virginia Crews at the National Credit Union II. Data 22314–3428, Fax No. 703–837–2861, Administration, 1775 Duke Street, Title: 12 CFR part 748, Security Email: [email protected]. Alexandria, VA 22314–3428, or at (703) Program and Appendix B. OMB Contact: Office of Management 518–6444. OMB Number: 3133–0033. and Budget, ATTN: Desk Officer for

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the National Credit Union federally insured credit unions to 20 the National Credit Union Administration, Office of Information percent of their shares or $3.0 million, Administration, Office of Information and Regulatory Affairs, Washington, whichever is greater. The collection of and Regulatory Affairs, Washington, DC 20503. information requirement is for those DC 20503. FOR FURTHER INFORMATION CONTACT: credit unions seeking an exemption FOR FURTHER INFORMATION CONTACT: Requests for additional information, a from the above limit. Requests for additional information, a copy of the information collection Respondents: Credit Unions seeking copy of the information collection request, or a copy of submitted an exemption from the limits on share request, or a copy of submitted comments should be directed to Tracy deposits by public unit and nonmember comments should be directed to Tracy Crews at the National Credit Union accounts set by 12 CFR 701.32. Crews at the National Credit Union Estimated No. of Respondents/ Administration, 1775 Duke Street, Administration, 1775 Duke Street, Recordkeepers: 20. Alexandria, VA 22314–3428, or at (703) Alexandria, VA 22314–3428, or at (703) 518–6444. Estimated Burden Hours per Response: 2 hours. 518–6444. SUPPLEMENTARY INFORMATION: Frequency of Response: Other. As SUPPLEMENTARY INFORMATION: I. Abstract and Request for Comments exemption is requested. Estimated Total Annual Burden I. Abstract and Request for Comments NCUA is reinstating the collection for Hours: 40. NCUA is amending/reinstating the 3133–0114. The collection of Estimated Total Annual Cost: $1,240. collection for 3133–0167. The collection information requirement is that those By the National Credit Union of information requirement is that any credit unions seeking an exemption Administration Board on August 22, 2013. insured credit union must apply for and from the nonmember deposit limit must Gerard Poliquin, receive approval from the NCUA adopt a specific written plan and submit Secretary of the Board. Regional Director before establishing a their lending and investment policies, a credit union branch outside the United copy of their latest financial statement, [FR Doc. 2013–20932 Filed 8–27–13; 8:45 am] BILLING CODE 7535–01–P States unless the foreign branch is and an explanation of the request to the located on a United States military NCUA Regional Director. NCUA uses institution or embassy outside the this information to determine whether a NATIONAL CREDIT UNION United States. The application must particular credit union will be granted ADMINISTRATION include (1) A business plan, (2) written an exemption to the limit on approval by the state supervisory agency nonmember and public unit deposits. Agency Information Collection if the applicant is a state-chartered This collection of information is Activities: Submission to OMB for credit union, and (3) documentation necessary to protect the National Credit Reinstatement, Without Change, of a evidencing written permission from the Union Share Insurance Fund (‘‘Fund’’). Previously Approved Collection; host country to establish the branch that There is no change to the burden hours Comment Request explicitly recognizes NCUA’s authority from previous submissions. to examine and take any enforcement The NCUA requests that you send AGENCY: National Credit Union Administration (NCUA). actions, including conservatorship and your comments on this collection to the liquidation actions. There is no change ACTION: Request for comment. location listed in the addresses section. to the burden hours from previous Your comments should address: (a) The submissions. necessity of the information collection SUMMARY: The NCUA intends to submit for the proper performance of NCUA, the following information collection to The NCUA requests that you send including whether the information will the Office of Management and Budget your comments on this collection to the have practical utility; (b) the accuracy of (OMB) for review and clearance under location listed in the addresses section. our estimate of the burden (hours and the Paperwork Reduction Act of 1995. Your comments should address: (a) The cost) of the collection of information, This information collection is published necessity of the information collection including the validity of the to obtain comments from the public. for the proper performance of NCUA, methodology and assumptions used; (c) The NCUA rules and regulations, including whether the information will ways we could enhance the quality, contain a provision that any insured have practical utility; (b) the accuracy of utility, and clarity of the information to credit union must apply for and receive our estimate of the burden (hours and be collected; and (d) ways we could approval from the regional director cost) of the collection of information, minimize the burden of the collection of before establishing a credit union including the validity of the the information on the respondents such branch outside the United States unless methodology and assumptions used; (c) as through the use of automated the foreign branch is located on a ways we could enhance the quality, collection techniques or other forms of United States military institution or utility, and clarity of the information to information technology. It is NCUA’s embassy outside the United States. be collected; and (d) ways we could policy to make all comments available DATES: Comments will be accepted until minimize the burden of the collection of to the public for review. September 27, 2013. the information on the respondents such ADDRESSES: Interested parties are as through the use of automated II. Data invited to submit written comments to collection techniques or other forms of Title: Payment on Shares by Public the NCUA Contact and the OMB information technology. It is NCUA’s Units and Nonmembers. Reviewer listed below: policy to make all comments available OMB Number: 3133–0114. NCUA Contact: Tracy Crews, National to the public for review. Form Number: None. Credit Union Administration, 1775 II. Data Type of Review: Reinstatement, Duke Street, Alexandria, Virginia without change, of a previously 22314–3428, Fax No. 703–837–2861, Title: 12 CFR 741.11 of NCUA’s Rules approved collection. Email: [email protected]. and Regulations, Foreign Branching. Description: 12 CFR 701.32 limits OMB Contact: Office of Management OMB Number: 3133–0167. nonmember and public unit deposits in and Budget, ATTN: Desk Officer for Form Number: None.

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Type of Review: Reinstatement, Duke Street, Alexandria, Virginia II. Data without change, of a previously 22314–3428, Fax No. 703–837–2861, Proposal for the following collection approved collection. Email: [email protected]. of information: Description: Section 741.11 contains a OMB Contact: Office of Management OMB Number: 3133–0108. provision that any insured credit union and Budget, ATTN: Desk Officer for Form Number: None. must apply for and receive approval the National Credit Union Type of Review: Reinstatement of a from the NCUA Regional Director before Administration, Office of Information previously approved collection. establishing a credit union branch and Regulatory Affairs, Washington, Title: Monitoring Bank Secrecy Act outside the United States unless the DC 20503. Compliance. foreign branch is located on a United FOR FURTHER INFORMATION CONTACT: Description: The collection is needed States military institution or embassy Requests for additional information, a to allow NCUA to determine whether outside the United States. The copy of the information collection credit unions have established a application must include (1) A business request, or a copy of submitted program reasonably designed to assure plan, (2) written approval by the state comments should be directed to Tracy and monitor their compliance with supervisory agency if the applicant is a Crews at the National Credit Union currency recordkeeping and reporting state-chartered credit union, and (3) Administration, 1775 Duke Street, requirements established by Federal documentation evidencing written Alexandria, VA 22314–3428, or at (703) statute and Department of Treasury permission from the host country to 518–6444. Regulations. establish the branch that explicitly SUPPLEMENTARY INFORMATION: Respondents: Federally Insured Credit recognizes NCUA’s authority to examine Unions. and take any enforcement actions, to I. Abstract and Request for Comments Estimated Number of Respondents/ include conservatorship and liquidation NCUA is reinstating the collection for Recordkeepers: 6,753. actions. 3133–0108. Section 748.2 of NCUA’s Estimated Burden Hours per Estimated No. of Respondents/ regulations, 12 CFR 748.2, directs credit Response: 16 hours. Frequency of Response: Annually. Recordkeepers: 3. unions to adopt a written program and Estimated Total Annual Burden Estimated Burden Hours per to maintain procedures that ensure the Response: 16 hours. Hours: 108,048. credit union’s continued compliance Estimated Total Annual Cost: 0. Frequency of Response: Reporting and with the Bank Secrecy Act (BSA) (31 other (one time only). U.S.C. 5311–5330) and Department of By the National Credit Union Estimated Total Annual Burden Treasury’s reporting and recordkeeping Administration Board on August 22, 2013. Hours: 48. regulations (31 CFR part 1000). NCUA Gerard Poliquin, Estimated Total Annual Cost: $1,488. examiners review the programs to Secretary of the Board. By the National Credit Union determine whether the credit union’s [FR Doc. 2013–20948 Filed 8–27–13; 8:45 am] Administration Board on August 22, 2013. procedures comply with the Bank BILLING CODE 7535–01–P Gerard Poliquin, Secrecy Act requirements. The Secretary of the Board. requirement that credit unions establish [FR Doc. 2013–20936 Filed 8–27–13; 8:45 am] written BSA compliance procedures is a NATIONAL CREDIT UNION ADMINISTRATION BILLING CODE 7535–01–P one-time event, but revisions to those procedures must occur as deemed necessary. Agency Information Collection Activities: Submission to OMB for NATIONAL CREDIT UNION NCUA examiners review the written Reinstatement, Without Change, of a ADMINISTRATION procedures during examinations in order to ensure the implementation of Previously Approved Collection; Agency Information Collection adequate systems for complying with Comment Request Activities: Submission to OMB for the BSA and its implementing AGENCY: National Credit Union Reinstatement of a Previously regulations. Administration (NCUA). Approved Information Collection; The NCUA requests that you send ACTION: Request for comment. Comment Request your comments on this collection to the location listed in the addresses section. SUMMARY: The NCUA intends to submit AGENCY: National Credit Union Your comments should address: (a) The the following information collection to Administration (NCUA). necessity of the information collection the Office of Management and Budget ACTION: Request for comment. for the proper performance of NCUA, (OMB) for review and clearance under including whether the information will the Paperwork Reduction Act of 1995. SUMMARY: The NCUA intends to submit the following information collection to have practical utility; (b) the accuracy of This information collection relates to the Office of Management and Budget our estimate of the burden (hours and NCUA rules and regulations, which (OMB) for review and clearance under cost) of the collection of information, require a federal credit union (FCU) to the Paperwork Reduction Act of 1995. including the validity of the monitor its eligibility to qualify for a This information collection is published methodology and assumptions used; (c) higher fidelity coverage deductible and to obtain comments from the public. ways we could enhance the quality, to notify the NCUA if its financial utility, and clarity of the information to condition changes resulting in the loss DATES: Comments will be accepted until be collected; and (d) ways we could of that eligibility for the higher September 27, 2013. minimize the burden of the collection of deductible. This information collection ADDRESSES: Interested parties are the information on the respondents such notice is published to obtain comments invited to submit written comments to as through the use of automated from the public. This requirement the NCUA Contact and the OMB collection techniques or other forms of enables NCUA to monitor the FCU’s Reviewer listed below: information technology. It is NCUA’s financial condition for safety and NCUA Contact: Tracy Crews, National policy to make all comments available soundness purposes and helps to assure Credit Union Administration, 1775 to the public for review. that FCUs are properly and adequately

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protected against potential losses due to our estimate of the burden (hours and each credit union to have a vital records insider abuse such as fraud and cost) of the collection of information, preservation program that includes embezzlement. including the validity of the procedures for maintaining duplicate DATES: Comments will be accepted until methodology and assumptions used; (c) vital records at a location far enough September 27, 2013. ways we could enhance the quality, from the credit union’s offices to avoid utility, and clarity of the information to the simultaneous loss of both sets of ADDRESSES: Interested parties are records in the event of a disaster. The invited to submit written comments to be collected; and (d) ways we could NCUA’s rules and regulations require a the NCUA Contact and the OMB minimize the burden of the collection of written vital records preservation Reviewer listed below: the information on the respondents such as through the use of automated program that includes a schedule for the NCUA Contact: Tracy Crews, National collection techniques or other forms of storage and destruction of records and Credit Union Administration, 1775 information technology. It is NCUA’s emergency contact information for Duke Street, Alexandria, Virginia policy to make all comments available employees, officials, regulatory offices, 22314–3428, Fax No. 703–837–2861, to the public for review. and vendors used to support vital Email: [email protected]. records. OMB Contact: Office of Management II. Data and Budget, ATTN: Desk Officer for DATES: Comments will be accepted until Title: 12 CFR part 713, Fidelity Bond the National Credit Union September 27, 2013. and Insurance Coverage for Federal Administration, Office of Information ADDRESSES: Interested parties are Credit Unions. and Regulatory Affairs, Washington, invited to submit written comments to OMB Number: 3133–0170. the NCUA Contact and the OMB DC 20503. Form Number: None. Reviewer listed below: FOR FURTHER INFORMATION CONTACT: Type of Review: Reinstatement, Requests for additional information, a without change, of a previously NCUA Contact: Tracy Crews, National copy of the information collection approved collection. Credit Union Administration, 1775 request, or a copy of submitted Description: The regulation in 12 CFR Duke Street, Alexandria, Virginia comments should be directed to Tracy part 713, details the requirements for 22314–3428, Fax No. 703–837–2861, Crews at the National Credit Union FCU compliance regarding fidelity bond Email: [email protected]. Administration, 1775 Duke Street, and insurance coverage. The regulation OMB Contact: Office of Management and Budget, ATTN: Desk Officer for Alexandria, VA 22314–3428, or at (703) includes instructions for those FCUs the National Credit Union 518–6444. that no longer qualify for a higher Administration, Office of Information SUPPLEMENTARY INFORMATION: deductible. and Regulatory Affairs, Washington, I. Abstract and Request for Comments Respondents: Federal credit unions. Estimated No. of Respondents/ DC 20503. NCUA is reinstating a previously Recordkeepers: 5. FOR FURTHER INFORMATION CONTACT: approved collection of information for Estimated Burden Hours per Requests for additional information, a 3133–0170. The regulation calls for an Response: 1 hour. copy of the information collection FCU that ceases to meet eligibility Frequency of Response: On occasion. request, or a copy of submitted requirements for the higher deductible Estimated Total Annual Burden comments should be directed to Tracy to obtain a policy with the required Hours: 5 hours. Crews at the National Credit Union coverage and to notify the appropriate Estimated Total Annual Cost: None. Administration, 1775 Duke Street, NCUA regional office of its changed Alexandria, VA 22314–3428, or at (703) status. The notice must also confirm By the National Credit Union 518–6444. Administration Board on August 22, 2013. that the FCU has obtained the required SUPPLEMENTARY INFORMATION: coverage. The information will be used Gerard Poliquin, by the regional office in its efforts to Secretary of the Board. I. Abstract and Request for Comments monitor credit unions for safe and [FR Doc. 2013–20933 Filed 8–27–13; 8:45 am] NCUA is reinstating and amending sound operations and is critically BILLING CODE 7535–01–P the collection for 3133–0032. Credit important in helping to avert or union records preservation programs minimize losses to the National Credit enable NCUA to ensure that federally- Union Share Insurance Fund (NCUSIF). NATIONAL CREDIT UNION insured credit unions (FICUs) can The NCUSIF provides federally ADMINISTRATION reconstruct their vital records in the event that records are destroyed by a guaranteed account insurance for all Agency Information Collection catastrophe and facilitates restoration of federally insured credit unions. Activities: Submission to OMB for vital member services. The program Adequate insurance coverage can avert Reinstatement, With Change, of a does not have to be submitted to the a credit union from failing due to Previously Approved Collection; NCUA but must be available for review insolvency; alternatively, where Comment Request insolvency and failure do occur, the by examination staff. The frequency of NCUA, in its capacity as receiver for the AGENCY: National Credit Union collection will be unique to each credit failed FCU, can recoup some of its Administration (NCUA). union based on its operations, storage losses through a claim under an ACTION: Request for comment. schedule, and storage methods, but insurance policy. occurs on a flow basis at least quarterly. The NCUA requests that you send SUMMARY: The NCUA intends to submit NCUA has modified the cost basis for your comments on this collection to the the following information collection to this data collection to focus on the location listed in the addresses section. the Office of Management and Budget recordkeeping labor cost of maintaining Your comments should address: (a) The (OMB) for review and clearance under a records preservation program rather necessity of the information collection the Paperwork Reduction Act of 1995. than the technology cost to store records for the proper performance of NCUA, This information collection is published offsite. NCUA believes that including whether the information will to obtain comments from the public. electronically backing up and storing have practical utility; (b) the accuracy of The NCUA’s rules and regulations direct credit union records offsite has become

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a usual and customary business NATIONAL CREDIT UNION soundness in the credit union industry practice. Therefore, credit union labor ADMINISTRATION and to protect the interests of credit costs are the appropriate recordkeeping union members where a federal credit burden associated with maintaining a Agency Information Collection union provides overdraft protection to a records preservation program under part Activities: Submission to OMB for member without having his or her credit 749. This is the primary reason why the Reinstatement, With Change, of a application on file. NCUA has also total annual burden has decreased, Previously Approved Collection; authorized federally insured credit along with a decline in the number of Comment Request unions to offer lending-related incentive FICUs from 8,420 to 6,753 and newly pay to employees, provided they AGENCY: National Credit Union chartered FICUs from 15 to 5. establish written policies regarding such Administration (NCUA). The NCUA requests that you send plans. 12 CFR 701.21(c)(8). NCUA ACTION: Request for comment. your comments on this collection to the believes those written policies are necessary to ensure a plan is fully location listed in the addresses section. SUMMARY: The NCUA intends to submit considered before being adopted and for Your comments should address: (a) The the following information collection to the examination process. NCUA necessity of the information collection the Office of Management and Budget examiners use the information in these for the proper performance of NCUA, (OMB) for review and clearance under policies to review for safety and including whether the information will the Paperwork Reduction Act of 1995. have practical utility; (b) the accuracy of soundness. This submission represents This information collection is published an adjustment to the recordkeeping hour our estimate of the burden (hours and to obtain comments from the public. cost) of the collection of information, and cost burden since the last NCUA has authorized federal credit submission. Based on information in including the validity of the unions to advance money to members to methodology and assumptions used; (c) March 2013 call reports, we estimate cover account deficits without having a approximately 1,725 federal credit ways we could enhance the quality, credit application on file if the credit utility, and clarity of the information to unions are required to have written union has a written overdraft policy. overdraft policies and approximately be collected; and (d) ways we could NCUA has also authorized federally minimize the burden of the collection of 575 federally insured credit unions are insured credit unions to offer lending- required to have written policies for the information on the respondents such related incentive pay to employees, as through the use of automated lending-related employee incentive pay provided they establish written policies plans. collection techniques or other forms of regarding such plans. information technology. It is NCUA’s The NCUA requests that you send DATES: Comments will be accepted until your comments on this collection to the policy to make all comments available September 27, 2013. to the public for review. location listed in the addresses section. ADDRESSES: Interested parties are Your comments should address: (a) The II. Data invited to submit written comments to necessity of the information collection for the proper performance of NCUA, Title: Records Preservation under 12 the NCUA Contact and the OMB including whether the information will CFR part 749. Reviewer listed below: have practical utility; (b) the accuracy of OMB Number: 3133–0032. NCUA Contact: Tracy Crews, National Credit Union Administration, 1775 our estimate of the burden (hours and Form Number: None. Duke Street, Alexandria, Virginia cost) of the collection of information, Type of Review: Reinstatement, with 22314–3428, Fax No. 703–837–2861, including the validity of the change, of a previously approved Email: [email protected]. methodology and assumptions used; (c) collection. OMB Contact: Office of Management ways we could enhance the quality, Description: Part 749 of NCUA and Budget, ATTN: Desk Officer for utility, and clarity of the information to Regulations directs each credit union to the National Credit Union be collected; and (d) ways we could develop and maintain a records Administration, Office of Information minimize the burden of the collection of preservation program and maintain a log and Regulatory Affairs, Washington, the information on the respondents such for records stored and destroyed. DC 20503. as through the use of automated Respondents: All credit unions. FOR FURTHER INFORMATION CONTACT: collection techniques or other forms of Estimated Number of Respondents/ Requests for additional information, a information technology. It is NCUA’s Recordkeepers: 6,758. This total consists copy of the information collection policy to make all comments available of 6,753 existing FICUs as of 3/31/2013, request, or a copy of submitted to the public for review. and an anticipated 5 newly chartered comments should be directed to Tracy II. Data FICUs in 2013. Crews at the National Credit Union Title: Organization and Operations of Estimated Burden Hours per Administration, 1775 Duke Street, Federal Credit Unions (12 CFR Part Response: 2 hours for existing FICUs Alexandria, VA 22314–3428, or at (703) 701), (previously titled Overdraft and and 8 hours for newly chartered FICUs. 518–6444. Lending-Related Employee Incentive Frequency of Response: Quarterly. SUPPLEMENTARY INFORMATION: Pay Plan Policies). Estimated Total Annual Burden I. Abstract and Request for Comments OMB Number: 3133–0139. Hours: 13,546. Form Number: None. Estimated Total Annual Cost: NCUA is reinstating the collection of Type of Review: Reinstatement, with $427,512. information for 3133–0139. NCUA has change, of a previously approved authorized federal credit unions to collection. By the National Credit Union advance money to members to cover Description: Federal credit unions Administration Board on August 22, 2013. account deficits without having a credit wishing to advance money to members Gerard Poliquin, application on file if the credit union to cover account deficits without having Secretary of the Board. has a written overdraft policy. 12 CFR a credit application on file must [FR Doc. 2013–20931 Filed 8–27–13; 8:45 am] 701.21(c)(3). NCUA believes a written establish a written overdraft policy. BILLING CODE 7535–01–P policy is necessary to ensure safety and Federally insured credit unions wishing

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to pay lending-related incentives to NCUA Contact: Tracy Crews, National develop and implement a written employees must establish written Credit Union Administration, 1775 Identity Theft Prevention Program policies. Duke Street, Alexandria, Virginia (Program). In developing the Program, Respondents: Certain Federal and 22314–3428, Fax No. 703–837–2861, financial institutions and creditors are federally insured credit unions. Email: [email protected]. required to consider the guidelines in Estimated No. of Respondents/ OMB Contact: Office of Management Appendix J to part 717 and include Recordkeepers: 2,300. and Budget, ATTN: Desk Officer for those that are appropriate. The initial Estimated Burden Hours per the National Credit Union Program must be approved by the board Response: 3 hours for overdraft policy Administration, Office of Information of directors or an appropriate committee and 2 hours for lending-related and Regulatory Affairs, Washington, thereof. The board, an appropriate employee incentive pay plan policies. DC 20503. committee thereof, or a designated Frequency of Response: On occasion. FOR FURTHER INFORMATION CONTACT: employee at the level of senior Estimated Total Annual Burden Requests for additional information, a management must be involved in the Hours: 6,325 hours. oversight of the Program. In addition, Estimated Total Annual Cost: copy of the information collection staff members must be trained to carry $158,125. request, or a copy of submitted comments should be directed to Tracy out the Program. Pursuant to Section By the National Credit Union Crews at the National Credit Union 717.91, each credit and debit card issuer Administration Board on August 22, 2013. Administration, 1775 Duke Street, is required to establish and implement Gerard Poliquin, Alexandria, VA 22314–3428, or at (703) policies and procedures to assess the Secretary of the Board. 518–6444. validity of a change of address request [FR Doc. 2013–20941 Filed 8–27–13; 8:45 am] E&I Contact: Program Officer Judy under certain circumstances. Before BILLING CODE 7535–01–P Graham [email protected], 703–518– issuing an additional or replacement 6360. card, the card issuer must notify the SUPPLEMENTARY INFORMATION: cardholder or use another means to NATIONAL CREDIT UNION assess the validity of the change of ADMINISTRATION I. Abstract and Request for Comments address. Agency Information Collection NCUA is reinstating and amending Burden estimate: The hourly burden Activities: Submission to OMB for the collection for 3133–0175. This increased despite a decline in Reinstatement, With Change, of a collection of information is required by respondents due to an increase in the Previously Approved Collection; Sections 114 of the Fair and Accurate estimated processing times. NCUA Comment Request Credit Transactions Act (FACT Act), estimates 4,206 respondents (FCUs with Public Law 108–159, amending the Fair assets of $10 million or less). Each FCU AGENCY: National Credit Union Credit Reporting Act, 15 U.S.C. 1681– requires 111 hours annually for a total Administration (NCUA). 1681x. NCUA is renewing its collection, of 466,866 hours annually. ACTION: Request for comment. and also updating the collection to Included in the NCUA estimates of reflect that a portion of the FACT Act the 4,206 annual respondents annually, SUMMARY: The NCUA intends to submit authority has been transferred to the the following information collection to two are new FCUs requiring a one-time Bureau of Consumer Financial additional 250 hours for program the Office of Management and Budget Protection (CFPB) pursuant to Title X of (OMB) for review and clearance under development. Therefore, the new FCUs the Dodd-Frank Act, Public Law 111– incur an additional 500 hours annually. the Paperwork Reduction Act of 1995. 203, 124 Stat. 1955, and republished as This information collection is published CFPB regulations at 76 FR 79308, Dec. Hence, NCUA’s estimated total annual to obtain comments from the public. 21, 2011. The burden estimates for this burden is 467,366 hours, based upon the The collection is related to the portion of the collection have been 111 hours for the annual program and requirement that each federal credit revised to remove the burden additional 250 hours for new FCU union (FCU) must establish reasonable attributable to the four federally insured program development. policies and procedures for credit unions with over $10 billion in The NCUA requests that you send implementing the red flag guidelines to total assets, now carried by CFPB your comments on this collection to the identify possible risks to FCU members pursuant to section 1025 of the Dodd- location listed in the addresses section. or to an FCU’s safety and soundness. Frank Act. As required by Section 114 Your comments should address: (a) The Each FCU also must develop an Identity of the FACT Act, Appendix J to 12 CFR necessity of the information collection Theft Prevention Program, provide staff part 717 contains red flag guidelines for for the proper performance of NCUA, training, and report to its board of FCUs to use in identifying patterns, including whether the information will directors, a board committee, or senior practices, and specific forms of activity have practical utility; (b) the accuracy of management, at least annually. Due to that indicate the possible existence of our estimate of the burden hours of the the transferring of agency identity theft. In addition, 12 CFR collection of information, including the responsibilities under the Dodd-Frank 717.90 requires each FCU to establish validity of the methodology and Wall Street Reform and Consumer reasonable policies and procedures to assumptions used; (c) ways we could Protection Act, (Dodd-Frank Act), this address the risk of identity theft that enhance the quality, utility, and clarity notice and collection have been incorporate the guidelines. Pursuant to of the information to be collected; and modified since the 60-day notice to Section 717.91, credit card and debit (d) ways we could minimize the burden reflect the current regulatory landscape. card issuers must implement reasonable of the collection of the information on DATES: Comments will be accepted until policies and procedures to assess the the respondents such as through the use September 27, 2013. validity of a request for a change of of automated collection techniques or ADDRESSES: Interested parties are address under certain circumstances. other forms of information technology. invited to submit written comments to Section 717.90 requires each NCUA It is NCUA’s policy to make all the NCUA Contact and the OMB regulated FCUs that offers or maintains comments available to the public for Reviewer listed below: one or more covered accounts to review.

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II. Data NCUA Contact: Tracy Crews, National for the proper performance of NCUA, Title: Identity Theft Red Flags under Credit Union Administration, 1775 including whether the information will the FACT Act of 2003, 12 CFR Part 717. Duke Street, Alexandria, Virginia have practical utility; (b) the accuracy of OMB Number: 3133–0175. 22314–3428, Fax No. 703–837–2861, our estimate of the burden (hours and Form Number: None. Email: [email protected]. cost) of the collection of information, Type of Review: Reinstatement, with OMB Contact: Office of Management including the validity of the change, of a previously approved and Budget, ATTN: Desk Officer for methodology and assumptions used; (c) collection. the National Credit Union ways we could enhance the quality, Description: This collection of Administration, Office of Information utility, and clarity of the information to information is pursuant to regulations and Regulatory Affairs, Washington, be collected; and (d) ways we could implementing Sections 114 of the FACT DC 20503. minimize the burden of the collection of Act related to guidelines for identifying FOR FURTHER INFORMATION CONTACT: the information on the respondents such patterns, practices and activity Requests for additional information, a as through the use of automated indicative of possible identity theft. The copy of the information collection collection techniques or other forms of FACT Act regulations require FCUs to request, or a copy of submitted information technology. It is NCUA’s establish policies and procedures to comments should be directed to Tracy policy to make all comments available implement the red flag guidelines. Crews at the National Credit Union to the public for review. Respondents: Federal Credit Unions. Administration, 1775 Duke Street, II. Data Estimated No. of Respondents/Record Alexandria, VA 22314–3428, or at (703) keepers: 4,206. 518–6444. Title: Purchase of Assets and Assumptions of Liabilities. Estimated Burden Hours per SUPPLEMENTARY INFORMATION: Response: 111 hours. OMB Number: 3133–0169. Form Number: None. Frequency of Response: Initial and I. Abstract and Request for Comments Type of Review: Reinstatement Annual. NCUA is reinstating the collection for without change. Estimated Total Annual Burden 3133–0169. FICUs will apply to the Description: This information Hours: 467,366 NCUA for approval to purchase assets or collection is required under Section 205 Estimated Total Annual Cost: N/A. assume liabilities of privately-insured of the Federal Credit Union Act (FCU By the National Credit Union credit unions or other financial Act) to allow federally-insured credit Administration Board on August 22, 2013. institutions. NCUA will use the unions (FICUs) to purchase assets or Gerard Poliquin, information in the application to assume liabilities of privately-insured Secretary of the Board. determine the safety and soundness of credit unions, other financial the transaction and risk to the National [FR Doc. 2013–20939 Filed 8–27–13; 8:45 am] institutions, or their successor in Credit Union Share Insurance Fund BILLING CODE 7535–01–P interest. (NCUSIF). Respondents: FICUs will apply to the NCUA anticipates a FICU’s NCUA for approval to purchase assets or NATIONAL CREDIT UNION application for approval to purchase assume liabilities of privately-insured ADMINISTRATION assets or assume liabilities of a credit unions or other financial privately-insured credit union or other institutions. Agency Information Collection financial institution would consist of a Estimated No. of Respondents/ Activities: Submission to OMB for cover letter and any transaction Recordkeepers: 5. Reinstatement, Without Change, of a documents already prepared by the Estimated Burden Hours per Previously Approved Collection; FICU in conjunction with the Response: 1 hour. Comment Request anticipated purchase or assumption. Frequency of Response: Reporting and NCUA believes this would take one on occasion. AGENCY: National Credit Union hour or less to prepare and transmit the Estimated Total Annual Burden Administration (NCUA). cover letter and attach any additional Hours: 5 hours. ACTION: Request for comment. documents; therefore, there is no Estimated Total Annual Cost: None. increase or decrease in the burden for By the National Credit Union SUMMARY: The NCUA intends to submit this data collection. The term the following information collection to Administration Board on August 22, 2013. ‘‘transaction documents’’ include Gerard Poliquin, the Office of Management and Budget contracts, agreements, letters, offers, or Secretary of the Board. (OMB) for review and clearance under similar documents already created the Paperwork Reduction Act of 1995. between two parties as evidence of a [FR Doc. 2013–20942 Filed 8–27–13; 8:45 am] This information collection is published transaction or negotiation. NCUA does BILLING CODE 7535–01–P to obtain comments from the public and not require FICUs to prepare these is required under Section 205 of the documents and believes they are created Federal Credit Union Act (FCU Act) to in the regular course of business. OFFICE OF THE DIRECTOR OF allow federally-insured credit unions Therefore, NCUA has used one burden NATIONAL INTELLIGENCE (FICUs) to purchase assets or assume hour per credit union per filing required liabilities of privately-insured credit from an FICU to prepare a letter Agency Information Collection unions, other financial institutions, or requesting NCUA’s approval of the Activities their successor in interest. transaction and describing the AGENCY: Office of the Director of DATES: Comments will be accepted until transaction. National Intelligence (ODNI). September 27, 2013. The NCUA requests that you send ACTION: Notice. ADDRESSES: Interested parties are your comments on this collection to the invited to submit written comments to location listed in the addresses section. SUMMARY: The Whistleblower Protection the NCUA Contact and the OMB Your comments should address: (a) The Enhancement Act of 2012 (WPEA) was Reviewer listed below: necessity of the information collection signed into law on 27 November 2012

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(Pub. L. 112–199). The law strengthens Dated: August 19, 2013. Regulations (10 CFR), establish the protections for federal employees Mark W. Ewing, requirements for access to special who disclose evidence of waste, fraud, Chief Management Officer. nuclear material, and the criteria and or abuse. In addition, the WPEA [FR Doc. 2013–20992 Filed 8–27–13; 8:45 am] procedures for resolving questions modifies rules on the use of BILLING CODE 3910–A79–P–P concerning the eligibility of individuals nondisclosure policies, forms, or to receive special nuclear material agreements by government agencies. access authorization. Agencies are required to update any NUCLEAR REGULATORY The public may examine and have nondisclosure policies, forms, or COMMISSION copied for a fee publicly available agreements to conform to the new documents, including the final requirements in the WPEA. [Docket No. NRC–2013–0112] supporting statement, at the NRC’s Accordingly, ODNI is hereby giving Public Document Room, Room O–1F21, public notice that Section 10 of Agency Information Collection One White Flint North, 11555 Rockville Standard Form 312: Classified Activities: Submission for the Office of Pike, Rockville, Maryland 20852. The Information Nondisclosure Agreement, Management and Budget (OMB) OMB clearance requests are available at is being updated as described in the Review; Comment Request the NRC’s Web site: http://www.nrc.gov/ Supplementary Information section of AGENCY: Nuclear Regulatory public-involve/doc-comment/omb/. this notice. Commission. The document will be available on the FOR FURTHER INFORMATION CONTACT: NRC’s home page site for 60 days after ACTION: Notice of the OMB review of the signature date of this notice. Requests for additional information information collection and solicitation Comments and questions should be should be directed to Ms. Jennifer of public comment. Hudson, Office of the Chief Information directed to the OMB reviewer listed Officer, Information Management SUMMARY: The U.S. Nuclear Regulatory below by September 27, 2013. Division, Office of the Director of Commission (NRC) has recently Comments received after this date will National Intelligence, Washington, DC submitted to OMB for review the be considered if it is practical to do so, 20511. following proposal for the collection of but assurance of consideration cannot SUPPLEMENTARY INFORMATION: Section 10 information under the provisions of the be given to comments received after this of Standard Form 312 is being updated Paperwork Reduction Act of 1995 (44 date. to include the following statutory U.S.C. Chapter 35). The NRC hereby Chad Whiteman, Desk Officer, Office changes required pursuant to § 115 of informs potential respondents that an of Information and Regulatory Affairs Public Law 112–199 (5 U.S.C. 2302): agency may not conduct or sponsor, and (3150–0062), NEOB–10202, Office of that a person is not required to respond Management and Budget, Washington, 1. ‘‘These provisions are consistent with DC 20503. and do not supersede, conflict with, or to, a collection of information unless it displays a currently valid OMB control Comments can also be emailed to otherwise alter the employee obligations, _ _ rights, or liabilities created by existing statute number. The NRC published a Federal Chad S [email protected] or or Executive order relating to (1) Classified Register notice with a 60-day comment submitted by telephone at 202–395– information, (2) communications to Congress, period on this information collection on 4718. (3) the reporting to an Inspector General of June 12, 2013 (78 FR 35329). The NRC’s Clearance Officer is a After ‘‘the Intelligence Identities Protection 1. Type of submission, new, revision, Tremaine Donnell, 301–415–6258. Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential or extension: Extension. Dated at Rockville, Maryland, this 22nd Government violation of any law, rule, or 2. The title of the information day of August, 2013. regulation, or mismanagement, a gross waste collection: 10 CFR Part 11, ‘‘Criteria and For the Nuclear Regulatory Commission. of funds, an abuse of authority, or a Procedures for Determining Eligibility Tremaine Donnell, substantial and specific danger to public for Access to or Control Over Special health or safety, or (4) any other NRC Clearance Officer, Office of Information Nuclear Material.’’ Services. whistleblower protection. The definitions, 3. Current OMB approval number: requirements, obligations, rights, sanctions, [FR Doc. 2013–20953 Filed 8–27–13; 8:45 am] 3150–0062. and liabilities created by controlling BILLING CODE 7590–01–P Executive orders and statutory provisions are 4. The form number if applicable: N/ incorporated into this agreement and are A. controlling.’’ 5. How often the collection is 2. The language in section 10 of the current required: On Occasion. PEACE CORPS Standard Form 312 will now appear in new 6. Who will be required or asked to section 11. Information Collection Request; report: Employees (including applicants Submission for OMB Review Abstract: The National Security Act of for employment), contractors, and 1947, as amended by the Intelligence consultants of NRC licensees and AGENCY: Peace Corps. Reform and Terrorism Prevention Act of contractors whose activities involve ACTION: 30-Day notice and request for 2004, and Executive Order13467, access to, or control over, special comments. ‘‘Reforming Processes Related to nuclear material at either fixed sites or Suitability for Government for transportation activities. SUMMARY: The Peace Corps will submit Employment, Fitness for Contractor 7. An estimate of the number of the following information collection Employees, and Eligibility for Access to annual responses: 328. request to the Office of Management and Classified National Security 8. The estimated number of annual Budget (OMB) for approval. The Information,’’ authorizes the DNI as the respondents: 2. purpose of this notice is to allow 30 Security Executive Agent to develop 9. An estimate of the total number of days for public comment in the Federal standard forms that promote uniformity hours needed annually to complete the Register preceding submission to OMB. and consistency in the implementation requirement or request: 82. We are conducting this process in of the Government’s security clearance 10. Abstract: The NRC regulations in accordance with the Paperwork program. part 11 of Title 10 of the Code of Federal Reduction Act of 1995. Peace Corps

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received two comments noting that This notice issued in Washington, DC, on RRB utilizes the following four forms to Peace Corps should not ‘‘define couples August 21, 2013. obtain information from railroad as same sex’’, which will be addressed Garry W. Stanberry, employers, nonrailroad employers, and in the supporting statement. Deputy Associate Director, Management. claimants, that is needed to determine whether a claimed day or days of DATES: Submit comments on or before [FR Doc. 2013–20927 Filed 8–27–13; 8:45 am] September 27, 2013. BILLING CODE 6051–01–P unemployment or sickness were improperly or fraudulently claimed: ADDRESSES: Comments should be Form ID–5i, Request for Employment addressed to Denora Miller, Freedom of RAILROAD RETIREMENT BOARD Information; Form ID–5R (SUP), Report Information Act Officer. Denora Miller of Employees Paid RUIA Benefits for can be contacted by telephone at 202– Agency Forms Submitted for OMB Every Day in Month Reported as Month 692–1236 or email at pcfr@ Review, Request for Comments of Creditable Service; Form ID–49R, peacecorps.gov. Email comments must Railroad Payroll Record Check; and be made in text and not in attachments. Summary: In accordance with the Form UI–48, Statement Regarding Paperwork Reduction Act of 1995 (44 FOR FURTHER INFORMATION CONTACT: Benefits Claimed for Days Worked. U.S.C. Chapter 35), the Railroad Completion is voluntary. One response Denora Miller at Peace Corps address Retirement Board (RRB) is forwarding above. is requested of each respondent. an Information Collection Request (ICR) To qualify for unemployment or SUPPLEMENTARY INFORMATION: to the Office of Information and sickness benefits payable under Section Method: The same sex domestic Regulatory Affairs (OIRA), Office of 2 of the Railroad Unemployment partner applicants will be given this Management and Budget (OMB). Our Insurance Act (RUIA), a railroad form prior to staging. ICR describes the information we seek employee must have certain qualifying to collect from the public. Review and earnings in the applicable base year. In Title: Affidavit Declaring Domestic approval by OIRA ensures that we Partner Relationship. addition, to qualify for extended or impose appropriate paperwork burdens. accelerated benefits under Section 2 of OMB Control Number: 0420-pending. The RRB invites comments on the the RUIA, a railroad employee who has Type of information collection: New. proposed collection of information to exhausted his or her rights to normal Affected public: Individuals or determine (1) The practical utility of the benefits must have at least 10 years of households. collection; (2) the accuracy of the railroad service (under certain Respondents’ obligation to reply: estimated burden of the collection; (3) conditions, military service may be Required to obtain or retain benefits. ways to enhance the quality, utility, and credited as months of railroad service). clarity of the information that is the Burden to the public: Accelerated benefits are unemployment subject of collection; and (4) ways to or sickness benefits that are payable to (a) Estimated number of respondents: minimize the burden of collections on a railroad employee before the regular 130 respondents, including the use of July 1 beginning date of a benefit year (b) Frequency of response: one time automated collection techniques or if an employee has 10 or more years of (c) Estimated average burden per other forms of information technology. service and is not qualified for benefits response: 2 minutes Comments to the RRB or OIRA must in the current benefit year. (d) Estimated total reporting burden: contain the OMB control number of the During the RUIA claims review 4.33 hours ICR. For proper consideration of your process, the RRB may determine that comments, it is best if the RRB and unemployment or sickness benefits (e) Estimated annual cost to OIRA receive them within 30 days of respondents: $0.00 cannot be awarded because RRB records the publication date. show insufficient qualifying service General description of collection: This Under Section 1(k) of the Railroad and/or compensation. When this occurs, form seeks information necessary for the Unemployment Insurance Act (RUIA), the RRB allows the claimant the Peace Corps’ Office of Volunteer unemployment and sickness benefits are opportunity to provide additional Recruitment and Selection to verify that not payable for any day remuneration is information if they believe that the RRB same sex domestic partners applying to payable or accrues to the claimant. Also service and compensation records are be accepted and placed together as Section 4(a-1) of the RUIA provides that incorrect. Peace Corps Volunteers meet the unemployment or sickness benefits are Depending on the circumstances, the agency’s criteria for placement as a not payable for any day the claimant RRB provides the following forms to couple. receives the same benefits under any obtain information needed to determine Request for Comment: Peace Corps law other than the RUIA. Under if a claimant has sufficient service or invites comments on whether the Railroad Retirement Board (RRB) compensation to qualify for proposed collection of information is regulations, 20 CFR 322.4(a), a unemployment or sickness benefits. necessary for proper performance of the claimant’s certification or statement on Form UI–9, Statement of Employment functions of the Peace Corps, including an RRB-provided claim form that he or and Wages; Form UI–23, Statement of whether the information will have she did not work on any day claimed Service for Railroad Unemployment practical use; the accuracy of the and did not receive income such as Insurance Benefits; Form UI–44, Claim agency’s estimate of the burden of the vacation pay or pay for time lost shall for Credit for Military Service; Form ID– proposed collection of information, constitute sufficient evidence unless 4F, Advising of Ineligibility for including the validity of the information there is conflicting evidence. Further, Unemployment Benefits; Form ID–4U, to be collected; and, ways to minimize under 20 CFR 322.4(b), when there is a Advising of Service/Earnings the burden of the collection of question raised as to whether or not Requirements for Unemployment information on those who are to remuneration is payable or has accrued Benefits; Form ID–4X, Advising of respond, including through the use of to a claimant with respect to a claimed Service/Earnings Requirements for automated collection techniques, when day or days, an investigation shall be Sickness Benefits; Form ID–4Y, appropriate, and other forms of made with a view to obtaining Advising of Ineligibility for Sickness information technology. information sufficient for a finding. The Benefits; Form ID–20–1, Advising that

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Normal Unemployment Benefits Are OMB Control Number: 3220–0025. determine whether unemployment or About to Be Exhausted; Form ID–20–2, Forms submitted: UI–9, UI–23, UI–44, sickness benefits were improperly Advising that Normal Sickness Benefits UI–48, ID–4F, ID–4U, ID–4X, ID–4Y, ID– obtained. 5I, ID–5R (SUP), ID–49R, ID–20–1, ID– Are About to Be Exhausted; and Form Changes proposed: The RRB proposes ID–20–4, Advising that Normal Sickness 20–2, and ID–20–4. to add to Items 4a and 5a of Form UI– Benefits Are About to Be Exhausted/ Type of request: Revision of a 48, Statement Regarding Benefits Non-Entitlement. Completion of these currently approved collection. forms is required to obtain or retain a Affected public: Private Sector; Claimed for Days Worked, two ‘‘go to’’ benefit. One response is required of Businesses or other for profits. references to improve navigating the each respondent. Abstract: The information collection form. The RRB also proposes to remove Previous Requests for Comments: The has two purposes. When RRB records the following seven forms from the RRB has already published the initial indicate that railroad service and/or information collection due to under 10 60-day notice (78 FR 38412 on June 26, compensation is insufficient to qualify a responses a year: ID–4F, ID–4Y, ID–20– 2013) required by 44 U.S.C. 3506(c)(2). claimant for unemployment or sickness 1, ID–20–2, ID–20–4, ID–49R, and UI– That request elicited no comments. benefits, the RRB obtains information 23. needed to reconcile the compensation The burden estimate for the ICR is as Information Collection Request (ICR) and/or service on record with that follows: Title: RUIA Investigations and claimed by the employee. Other forms Continuing Entitlement. in the collection allow the RRB to

Time Burden Form No. Annual responses (minutes) (hours)

ID–5i ...... 1,050 15 262 ID–5R (SUP) ...... 400 10 67 UI–48 ...... 14 12 3 UI–9 ...... 69 10 11 UI–44 ...... 10 5 1 ID–4U ...... 35 5 3 ID–4X ...... 25 5 2

Total ...... 1,603 ...... 349

Additional Information or Comments: 26(c) of the Investment Company Act of of the Commodities Return Strategy Copies of the forms and supporting 1940, as amended (the ‘‘1940 Act’’ or Portfolio (the ‘‘Replaced Fund’’), a series documents can be obtained from Dana ‘‘Act’’) and an order of exemption of the Northwestern Mutual Series Hickman at (312) 751–4981 or pursuant to Section 17(b) of the Act Fund, Inc. (the ‘‘Series Fund’’), under [email protected]. from Section 17(a) of the Act. each of the variable annuity contracts Comments regarding the information and variable life insurance policies collection should be addressed to APPLICANTS: The Northwestern Mutual issued by the Separate Accounts Charles Mierzwa, Railroad Retirement Life Insurance Company (the (collectively, the ‘‘Contracts’’). The Board, 844 North Rush Street, Chicago, ‘‘Company’’), NML Variable Annuity Section 17 Applicants seek an order Illinois, 60611–2092 or Account A (‘‘VA Account A’’), NML pursuant to Section 17(b) of the 1940 [email protected] and to the Variable Annuity Account B (‘‘VA Act exempting them from 17(a) of the OMB Desk Officer for the RRB, Fax: Account B’’) and NML Variable Annuity Act to the extent necessary to permit 202–395–6974, Email address: Account C (‘‘VA Account C,’’ and them to engage in certain in-kind [email protected]. together with VA Account A and VA transactions in connection with the Account B, the ‘‘Annuity Accounts’’) substitution (‘‘In-Kind Transactions’’). Charles Mierzwa, and Northwestern Mutual Variable Life Chief of Information Resources Management. Account (‘‘VL Account’’) and DATES: Filing Date: The application was [FR Doc. 2013–20979 Filed 8–27–13; 8:45 am] Northwestern Mutual Variable Life filed on March 6, 2013, and the BILLING CODE 7905–01–P Account II (‘‘VL Account II,’’ together amended and restated application was with VL Account, the ‘‘Life Accounts,’’ filed on July 12, 2013. and together with the Annuity HEARING OR NOTIFICATION OF A HEARING: SECURITIES AND EXCHANGE Accounts, the ‘‘Separate Accounts’’). An order granting the application will COMMISSION The Company and the Separate be issued unless the Commission orders Accounts are collectively referred to hearing. Interested persons may request [Investment Company Act Release No. herein as the ‘‘Substitution Applicants.’’ 30671; File No. 812–14128] a hearing by writing to the Secretary of The Substitution Applicants and Credit the Commission and serving the The Northwestern Mutual Life Suisse Trust are also collectively applicants with a copy of the request, Insurance Company, et al.; Notice of referred to as the ‘‘Section 17 personally or by mail. Hearing requests Application Agency: Securities and Applicants.’’ should be received by the Commission Exchange Commission (‘‘SEC’’ or SUMMARY OF THE APPLICATION: The by 5:30 p.m. on September 17, 2013, ‘‘Commission’’) Substitution Applicants seek an order and should be accompanied by proof of pursuant to Section 26(c) of the 1940 service on the applicants in the form of August 22, 2013. Act, approving the substitution of shares an affidavit or, for lawyers, a certificate ACTION: Notice of application for an of the Commodity Return Strategy of service. Hearing requests should state order approving the substitution of Portfolio (the ‘‘Replacement Fund’’), a the nature of the requester’s interest, the certain securities pursuant to Section series of Credit Suisse Trust, for shares reason for the request, and the issues

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contested. Persons who wish to be have been registered under the 9. The Replacement Fund is registered notified of a hearing may request Securities Act of 1933. The application as an open-end management investment notification by writing to the Secretary sets forth the registration statement file company and is a series of the Series of the Commission. numbers for the Contracts and the Fund (File Number 811–07261). It offers ADDRESSES: Secretary, SEC, 100 F Street Separate Accounts. its shares only to variable annuity and NE., Washington, DC 20549–1090. 4. The variable annuity Contracts are variable life insurance contracts offered Applicants: Chad E. Fickett, Assistant either flexible premium variable annuity by the separate accounts of certain General Counsel, The Northwestern contracts or unallocated group insurance companies, to certain tax- Mutual Life Insurance Company, 720 combination variable annuity contracts. qualified pension and retirement plans East Wisconsin Avenue, Milwaukee, The variable life insurance Contracts are and other investment companies. either variable whole life forms of Wisconsin 53202; Thomas E. Bisset, 10. The Replacement Fund has insurance contracts or variable universal Esq., Sutherland Asbill & Brennan LLP, entered into an investment advisory life insurance contracts. Under each of 700 Sixth Street NW., Suite 700, agreement with CSAM under which the Contracts (the proper form of which Washington, DC 20001–3980; Joanne CSAM acts as investment adviser for the is provided to every Contract owner) as Doldo, Credit Suisee Asset Management, Replaced Fund’s portfolio of well as the prospectus for each Contract, LLC, One Madison Avenue, New York, investments. CSAM does not have the the Company has the right to substitute New York 10010. authority to retain sub-advisers to shares of one fund for shares of another FOR FURTHER INFORMATION CONTACT: fund managed by either the same manage all or a portion of the Mark Cowan, Senior Counsel, or investment adviser or by a different Replacement Fund’s assets without Michael L. Kosoff, Branch Chief, investment adviser. obtaining shareholder approval. CSAM Insured Investments Office, Division of 5. The Replaced Fund is registered as voluntarily waives fees and reimburse Investment Management, at (202) 551– an open-end management investment expenses so that the Replacement 6795. company and is a series of the Series Fund’s annual operating expenses will SUPPLEMENTARY INFORMATION: The Fund (File Number 811–03990). It offers not exceed 1.05% of average daily net following is a summary of the its shares only to the Company and the assets. application. The complete application Accounts for purposes of funding the 11. The Replacement Fund is neither may be obtained via the Commission’s Contracts. an affiliate nor a second-tier affiliate of Web site by searching for the file 6. The Replaced Fund has entered the Company or the Accounts. However, number, or for an applicant using the into an investment advisory agreement for purposes of Section 2(a)(3) of the Company name box, at http:// with Mason Street Advisors, LLC 1940 Act, after the substitution the www.sec.gov/search/search.htm, or by (‘‘MSA’’), a wholly-owned subsidiary of Replacement Fund may be deemed an calling (202) 551–8090. the Company. affiliate of the Company and the 7. The Series Fund has received an Applicants’ Representations Accounts, if the Accounts own 5% or exemptive order from the Commission more of the shares of the Replacement 1. The Company, on its own behalf (‘‘Multi-Manager Order’’) that permits Fund. CSAM is currently a second-tier and on behalf of their respective the Manager, or any entity controlling, affiliate of the Accounts by virtue of its separate accounts, proposes to controlled by, or under common control role as investment sub-adviser to the substitute shares of the Replacement (within the meaning of Section 2(a)(9) of Replaced Fund. Fund for shares of the Replaced Fund the 1940 Act) with the Manager, subject 12. The Substitution Applicants state held by the Separate Accounts to fund to certain conditions, to hire and replace that the Funds’ investment objectives, the Contracts. unaffiliated subadvisors and to enter 2. The Company is the depositor and into and amend sub-advisory principal investment strategies and risks sponsor of the Separate Accounts. agreements without shareholder are substantially the same. A 3. Each of VA Account A, VA approval. comparison of the investing objectives, Account B, VA Account C, VL Account 8. MSA has entered into a sub- strategies and risks of the Replaced and VL Account II is a ‘‘separate advisory agreement with Credit Suisse Fund and the Replacement Fund is account’’ as defined by Rule 0–1(e) Asset Management, LLC (‘‘CSAM’’). included in the application. under the Act and each is registered CSAM is part of the asset management 13. The following table compares the under the Act as a unit investment trust business of Credit Suisse Group AG, a fees and expenses of the Replaced Fund for the purpose of funding the Contracts. worldwide bank and financial services and the Replacement Fund as of the Security interests under the Contracts provider. year ended December 31, 2012:

The replace- The replaced fund ment fund (percent) (percent)

Management Fee ...... 0.80 ...... 0.50 Distribution and Service (12b–1) Fee ...... None ...... 0.25 Other Expenses ...... 0.16 ...... 0.59 Acquired Fund Fees and Expenses ...... 0.07 ...... N/A Total Annual Operating Expenses ...... 121.03 ...... 131.34 Expense Reimbursement and Fee Waiver ...... (0.08) ...... N/A Total Annual Operating Expenses After Expense Reimburse- 140.95 ...... 1 1.34 ment and Waiver.

1 Restated to reflect current fees. 2 Includes fees and expenses incurred indirectly investment vehicles as well as the expenses of by the Replaced Fund as a result of its investments investing in the NMSF Subsidiary (referred to as in investment companies and other pooled ‘‘Acquired Fund Fees and Expenses’’).

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14. The Substitution Applicants state pension plans, as well as other Legal Analysis and Conditions that the reason for the proposed investment companies. 19. By supplements to the Contract substitution is in response to a recent 16. The Replaced Fund’s total net prospectuses or by disclosures in the rule amendment adopted by the CFTC assets as of May 1, 2013 were prospectuses for the Contracts for new that eliminated the Replaced Fund’s $135,658,744, compared to total net Contract owners after May 1, 2013, the ability to rely on the exclusion provided assets of the Replacement Fund of Company notified existing Contract by CFTC Rule 4.5 to avoid regulation as $84,596,457. However, unlike the owners of its intention to take the a commodity pool unless it were to Replaced Fund, the availability of the necessary actions, including seeking the substantially curtail its use of futures, Replacement Fund is not restricted to order requested by the Application, to options, swaps and other financial the Accounts, but instead is available to carry out the proposed substitution as instruments now regulated by the CFTC, the variable separate accounts of described herein. These disclosures which would prevent it from pursuing multiple insurance companies, pension advise Contract owners that the its principal investment strategies. MSA plans and other investment companies, Company has filed or would file an has informed the Replaced Fund’s offering greater potential for even application to seek approval of the Board of Directors that in light of the further asset growth and economies of substitution, and that if the substitution consequences of these new regulatory scale. is approved, any Contract value requirements, it has determined to 17. The Company also believes that an allocated to the subaccount investing in discontinue its services as investment important consideration for substituting the Replaced Fund on the date of adviser to the Replaced Fund and that the Replacement Fund for the Replaced substitution will be automatically the Replaced Fund be terminated. Given Fund is Contract owner expectations transferred to the subaccount investing these circumstances, the Replaced regarding performance. For the one year in the Replacement Fund. Fund’s Board of Directors, at a meeting period ended December 31, 2012 20. In addition, these disclosures of the Board held on February 21, 2013, investment performance of the inform Contract owners that any decided to terminate the Replaced Fund Replacement Fund was 0.26% higher Contract owner not wanting his or her and liquidate its assets as soon as is than the Replaced Fund’s return for the entire Contract value in the Replaced Fund to be automatically transferred to reasonably practicable. comparable period (though long-term the Replacement Fund on the date of 15. The Substitution Applicants performance is less subject to substitution should consider represent that replacing the Replaced comparison given the relatively recent transferring the Contract value in the Fund with the Replacement Fund will inception date of the Replaced Fund). Replaced Fund to other investment provide the best possible consistency in Both Funds, however, share the same options available under the Contract. terms of investment objectives and Morningstar rankings and categories. strategies, risks, and management, and The disclosures also inform Contract 18. The Substitution Applicants note owners that the Company does not provides comparable performance. The that the overall expenses of the impose charges in connection with the Replacement Fund has an identical Replacement Fund are higher than the transfer to any of the investment options investment objective and nearly overall expenses of the Replaced Fund. available under the Contract, nor does identical investment strategies to those In light of this, and consistent with prior the Company impose restrictions on of the Replaced Fund. The Replacement substitution applications, for twenty- transfers (other than short-term trading Fund also provides the greatest possible four months following the date of the restrictions on frequent transfers to continuity of investment management substitution and for those Contracts prevent market timing transactions and services because the investment adviser with Contract value invested in the other restrictions noted in the to the Replacement Fund is the current Replaced Fund on the date of the applicable Contract prospectus). Finally, sub-adviser to the Replaced Fund, and proposed substitution, on or around the the disclosures explain that the the same portfolio managers make the last day of each fiscal period (not to Company bears all expenses related to day-to-day investment decisions for exceed a fiscal quarter), the Company the substitution, and that there would both Funds. In addition, the will reimburse Contract owners to the be no tax consequences for Contract Replacement Fund offers an immediate extent the sum of the operating owners as a result of the substitution. opportunity for increased economies of expenses of the Replacement Fund Additionally, within five days following scale resulting from the infusion of (taking into account any fee waivers and the date of substitution, Contract owners assets currently held by the Replaced expense reimbursements) and affected by the substitution will be Fund, as well as future opportunity for subaccount expenses for such period notified in writing that the substitution asset growth due to its availability to exceeds, on an annualized basis, the was carried out. This notice will largely other, unaffiliated separate accounts and sum of the operating expenses of the restate the information set forth in the Replaced Fund (taking into account any prospectus and prospectus supplements 3 ‘‘Other Expenses’’ include expenses of both the fee waivers and expense described above. The forms of the Replacement Fund and the Credit Suisse Subsidiary. reimbursements) and subaccount proposed supplements were attached as 4 MSA has entered into a written expense expenses for the fiscal year preceding exhibits A–1 and A–2, respectively, to limitation agreement under which it has agreed to the date of the proposed substitution.5 the initial Application.6 limit the total expenses of the Replaced Fund In addition, for twenty-four months 21. The current summary or statutory (excluding taxes, brokerage, other investment- following the date of the proposed prospectus for the Replacement Fund related costs, interest and dividend expenses and will have been provided to all Contract charges and extraordinary expenses) to an annual substitution, the Company will not rate 0.95 of the Replaced Fund’s average net assets. increase total separate account charges owners prior to the date of substitution. This expense limitation agreement may be for Contracts outstanding on the date of The Company currently intends the terminated by MSA at any time after April 30, 2014. the proposed substitution. effective date of the substitution to be MSA has entered into an agreement to waive its no later than the fourth quarter of 2013, management fee in an amount equal to the management fee paid to it by the NMSF Subsidiary. 5 For purposes of this limitation, Net Total depending on SEC approval as well as This waiver will remain in effect for the life of the Annual Operating Expenses of the Replaced Fund Replaced Fund, as long as the Replaced Fund are 0.95%. See the fee table comparison in the 6 See File No. 812–14128, filed March 6, 2013 remains invested in the NMSF Subsidiary. ‘‘Fees and Expenses’’ section above. (SEC accession number 0001193125–13–093752).

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operational or other factors that may described in appropriate supplements voting securities are directly or affect the implementation of the and elsewhere, the Contracts will offer indirectly owned, controlled, or held substitution transaction. The effective Contract owners the opportunity to with power to vote, by such other date of the substitution may be earlier. make a one-time transfer out of the person; . . . (E) if such other person is All Contract owners will have been affected subaccount into any of the an investment company, any investment given sufficient advance notice of the remaining subaccounts without any cost adviser thereof . . . .’’ date on which the substitution will take or limitation other than those disclosed 30. Shares held by an insurance effect. in the applicable prospectuses company separate account are legally 22. The substitution will not cause the previously provided to Contract owners. owned by the insurance company. The Contract fees and charges currently Contract owners always have the right Company does not currently own any being paid by existing Contract owners to change their allocations at any time part of the Replacement Fund. to be greater after the substitution than without restrictions or charges of any Therefore, the Replacement Fund is not before the substitution. The proposed sort beyond those already noted. The currently an affiliate (or an affiliate of an substitution will also not be treated as proposed substitution, therefore, will affiliate) of the Company’s Accounts or a transfer of Contract value for purposes not result in the type of costly forced the Company despite the fact that the of determining the number of transfers redemption that Section 26(c) was Replaced Fund and the Replacement permitted under the Contracts’ short- designed to prevent. Fund share an investment adviser, term trading restrictions. 26. The Substitution Applicants CSAM. It is anticipated, however, that 23. The Company will not exercise submit that the proposed substitution after the substitution transaction one or any reserved right it may have under the meets the standards set forth in Section more of the Company’s Accounts would Contracts to impose additional charges 26(c) and that, if implemented, the own more than 5% of the Replacement for transfers of accumulated Contract substitution would not raise any of the Fund. Under these circumstances, value for a period of at least 30 calendar aforementioned concerns that Congress because the proposed substitution may days following the effective date of the intended to address when the 1940 Act be effected, in whole or in part, by substitution. Similarly, after giving was amended to include this provision. means of in-kind redemptions and proper notice in advance of the In addition, the Substitution Applicants subsequent purchases of shares, the substitution, the Company will permit submit that the proposed substitution proposed substitution may be deemed to Contract owners to make their first meets the standards that the involve one or more purchases or sales transfer of accumulated Contract value Commission and its Staff have applied of securities or property between out of the Replaced Fund to another to substitutions that have been approved affiliated persons. investment option (or the fixed option in the past. 31. Accordingly, as the Company and in the case of certain Variable Annuity the Replacement Fund could be viewed contracts), without such transfer being Section 17(b) Relief as affiliated persons of one another, it is treated as a transfer for purposes of the 27. The Section 17 Applicants also conceivable that this aspect of the Contracts’ short-term trading request an order of the Commission proposed substitution could be viewed restrictions. As previously noted, the under Section 17(b) exempting them as being prohibited by Section 17(a). Contracts do not currently impose from the provisions of Section 17(a) to Therefore, the Section 17 Applicants (although they reserve the right to the extent necessary to permit the have determined that, out of an impose) any charges or fees for Company to carry out the In-Kind abundance of caution, it is prudent to executing transfers. Transactions. seek relief from Section 17(a) in the 28. Section 17(a)(1) of the 1940 Act, context of this Amended Application for Section 26(c) Relief in relevant part, prohibits any affiliated the in-kind purchases and sales of the 24. The Substitution Applicants person of a registered investment Replacement Fund’s shares. request that the Commission issue an company, or any affiliated person of 32. The Section 17 Applicants submit order pursuant to Section 26(c) of the such person (‘‘first tier affiliates’’ and that the terms of the proposed in-kind 1940 Act approving the substitution by ‘‘second tier affiliates’’, respectively), purchases of shares of the Replacement the Company of shares of the acting as principal, from knowingly Fund, including the consideration to be Replacement Fund for shares of the selling any security or other property to paid and received, as described in this Replaced Fund. Section 26(c) of the that investment company. Section Amended Application, are reasonable 1940 Act requires the depositor of a 17(a)(2) of the 1940 Act generally and fair and do not involve registered unit investment trust holding prohibits such persons acting as overreaching on the part of any persons securities of a single issuer to receive principals from knowingly purchasing concerned. The Section 17 Applicants Commission approval before any security or other property from the also submit that the proposed in-kind substituting the securities held by the registered investment company. purchases will be consistent with the trust. 29. Pursuant to Section 17(a) of the investment policies of the Replaced 25. The Substitution Applicants assert 1940 Act, the Section 17 Applicants Fund and the Replacement Fund, as that the proposed substitution is not the may be considered affiliates of one or recited in the current registration type of substitution that Section 26(c) more of the Funds involved in the statements and reports filed by them was designed to prevent. Unlike proposed substitution, based upon the under the 1940 Act. Finally, the Section traditional unit investment trusts where definition of ‘‘affiliated person’’ under 17 Applicants submit that the proposed a depositor could only substitute an Section 2(a)(3) of the 1940 Act. Section substitution is consistent with the investment security in a manner which 2(a)(3) defines an ‘‘affiliated person’’ of general purposes of the 1940 Act. permanently affected all the investors in another person, in relevant part, as ‘‘(A) 33. The Section 17 Applicants assert the trust, the Contracts provide each any person directly or indirectly that, to the extent that the in-kind Contract owner with the right to owning, controlling, or holding with purchases are deemed to involve exercise his or her own judgment and power to vote, 5 per centum or more of principal transactions among affiliated transfer Contract values into other the outstanding voting securities of such persons, the procedures described subaccounts and a fixed option as other person; (B) any person 5 per below should be sufficient to assure that applicable. Moreover, as is or will be centum or more of whose outstanding the terms of the proposed transactions

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are reasonable and fair to all Contract effected based upon (1) the independent proposed substitution by redeeming owners. The Section 17 Applicants market price of the portfolio securities shares of the Replaced Fund in-kind and maintain that the terms of the proposed valued as specified in paragraph (b) of using securities distributed as in-kind purchase transactions, including Rule 17a–7, and (2) the net asset value redemption proceeds to purchase shares the consideration to be paid and per share of each Fund involved valued of the Replacement Fund. received by each Fund, are reasonable, in accordance with the procedures Conclusion fair and do not involve overreaching on disclosed in its registration statement the part of any person principally and as required by Rule 22c–1 under the For the reasons and upon the facts set because the transactions will conform 1940 Act. Moreover, consistent with forth above and in the application, the with all but one of the conditions Rule 17a–7(d), no brokerage Substitution Applicants and the Section enumerated in Rule 17a–7. The commissions, fees, or other costs or 17 Applicants believe that the requested proposed transactions will take place at remuneration will be paid in connection orders meet the standards set forth in relative net asset values as of the date with the proposed transactions, except Section 26(c) of the Act and Section of substitution in conformity with the for any brokerage commissions paid in 17(b) of the Act, respectively, and requirements of Section 22(c) of the connection with the liquidation of the should therefore, be granted. 1940 Act and Rule 22c–1 thereunder securities that are not distributed as part For the Commission, by the Division of with no change in the amount of any of the in-kind redemption, which Investment Management, under delegated Contract owner’s Contract value or brokerage costs will be borne by the authority. death benefit or in the dollar value of Company or its affiliates and not by Kevin M. O’Neill, his or her investment in any of the Contract owners. Deputy Secretary. Accounts. Contract owners will not 36. Consistent with Section 17(b) and [FR Doc. 2013–20955 Filed 8–27–13; 8:45 am] suffer any adverse tax consequences as Rule 17a–7(c), any in-kind redemptions BILLING CODE 8011–01–P a result of the substitution. The fees and and purchases for purposes of the charges under the Contracts will not proposed substitution will be transacted increase because of the substitution. in a manner consistent with the SECURITIES AND EXCHANGE 34. Even though the Section 17 investment objectives and policies of COMMISSION Applicants may not rely on Rule 17a– the Funds, as recited in their 7, the Section 17 Applicants believe that registration statements. Any in-kind [Release No. 34–70245; File No. SR– NASDAQ–2013–110] the Rule’s conditions outline the type of redemption will be effected on a pro- safeguards that result in transactions rata basis, where the Replacement Fund Self-Regulatory Organizations; The that are fair and reasonable to registered will receive an approximate NASDAQ Stock Market LLC; Notice of investment company participants and proportionate share of every security Filing and Immediate Effectiveness of preclude overreaching in connection position in the Replaced Fund’s Proposed Rule Change To Amend with an investment company by its portfolio in accordance with the Chapter VII, Section 6 of the Rules of affiliated persons. The board of the Signature Letter, as supplemented by the NASDAQ Options Market To Permit Replacement Fund has adopted the SEC in subsequent no-action letters. the Exchange To Establish Wider Bid/ procedures, as required by paragraph CSAM, the adviser to the Replacement Ask Differentials for Certain Options (e)(1) of Rule 17a–7, pursuant to which Fund, will examine the securities being With High Premiums or Other Special a series may purchase and sell securities transferred to the Replacement Fund to Characteristics to and from their affiliates. The Section ensure they are consistent with the 17 Applicants will carry out the Replacement Fund’s investment August 22, 2013. proposed in-kind purchases in objective and policies and will retain Pursuant to Section 19(b)(1) of the conformity with all of the conditions of only those securities that it would have Securities Exchange Act of 1934 Rule 17a–7 and the Replacement Fund’s acquired for the Replacement Fund in a (‘‘Act’’),1 and Rule 19b–4 thereunder,2 procedures adopted thereunder, except cash transaction. In addition, the notice is hereby given that on August that the consideration paid for the redeeming and purchasing values of 19, 2013 The NASDAQ Stock Market securities being purchased or sold may such securities will be the same. LLC (‘‘NASDAQ’’ or the ‘‘Exchange’’) not be entirely cash. The investment 37. The Section 17 Applicants submit filed with the Securities and Exchange adviser for the Replacement Fund will that the in-kind redemptions and Commission (‘‘Commission’’) a examine any securities received from an purchases described above are proposed rule change as described in in-kind redemption, and accept any consistent with the general purposes of Items I, II and III below, which Items securities that they would otherwise the 1940 Act as stated in the Findings have been prepared by the Exchange. have purchased for cash for the and Declaration of Policy in Section 1 The Commission is publishing this Replacement Fund to hold. The of the 1940 Act and that the proposed notice to solicit comments on the circumstances surrounding the transactions do not present any of the proposed rule change from interested proposed substitution will be such as to conditions or abuses that the 1940 Act persons. offer the Replacement Fund the same was designed to prevent. The degree of protection from overreaching Commission has previously granted I. Self-Regulatory Organization’s that Rule 17a–7 provides the relief to others based on similar facts. Statement of the Terms of Substance of Replacement Fund generally in The Section 17 Applicants represent the Proposed Rule Change connection with the purchase and sale that the proposed in-kind purchases NASDAQ is proposing to amend of securities under that Rule in the meet all the requirements of Section Chapter VII, Section 6 (Market Maker ordinary course of its business. In 17(b) of the 1940 Act and request that Quotations) of the rules of the NASDAQ particular, the proposed transactions the Commission issue an order pursuant Options Market (‘‘NOM’’) to permit the will not be effected at a price that is to Section 17(b) of the 1940 Act Exchange to establish wider bid/ask disadvantageous to the Replacement exempting them from the provisions of differentials for certain options with Fund. Section 17(a) to the extent necessary to 35. Although the transactions may not permit the Company, on behalf of the 1 15 U.S.C. 78s(b)(1). be entirely for cash, each will be Accounts, to carry out in-kind the 2 17 CFR 240.19b–4.

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high premiums or other special 2. Statutory Basis At any time within 60 days of the characteristics. filing of the proposed rule change, the The proposed rule change is Commission summarily may consistent with the Act and the rules II. Self-Regulatory Organization’s temporarily suspend such rule change if and regulations thereunder, including Statement of the Purpose of, and it appears to the Commission that such the requirements of Section 6(b) of the Statutory Basis for, the Proposed Rule action is necessary or appropriate in the Act.5 In particular, the Exchange Change public interest, for the protection of believes the proposed rule change is investors, or otherwise in furtherance of In its filing with the Commission, consistent with the Section 6(b)(5) 6 the purposes of the Act. If the NASDAQ included statements requirements that the rules of an concerning the purpose of, and basis for, Commission takes such action, the exchange be designed to promote just Commission shall institute proceedings the proposed rule change and discussed and equitable principles of trade, to to determine whether the proposed rule any comments it received on the prevent fraudulent and manipulative should be approved or disapproved. proposed rule change. The text of those acts, to foster cooperation and statements may be examined at the coordination with persons engaged in IV. Solicitation of Comments places specified in Item IV below. The facilitating transactions in securities, to Interested persons are invited to Exchange has prepared summaries, set remove impediments to and to perfect submit written data, views, and forth in sections A, B, and C below, of the mechanism for a free and open arguments concerning the foregoing, the most significant parts of such market and a national market system, including whether the proposed rule statements. and, in general, to protect investors and change is consistent with the Act. the public interest. Here, the proposal A. Self-Regulatory Organization’s Comments may be submitted by any of will allow the Exchange to adjust price the following methods: Statement of the Purpose of, and differentials in a manner that Statutory Basis for, the Proposed Rule encourages quoting and trading activity. Electronic Comments Change The Exchange believes that the • Use the Commission’s Internet 1. Purpose proposed rule change will enhance comment form (http://www.sec.gov/ competition because the Exchange will rules/sro.shtml); or The purpose of this proposed rule be able adjust bid/ask differentials in a • Send an email to rule-comments@ change is to amend Chapter VII, Section manner similar to Phlx, CBOE, ISE, and sec.gov. Please include File Number SR– 6 of the rules of NOM to permit the NYSE [sic]. NASDAQ–2013–110 on the subject line. Exchange to establish wider bid/ask Paper Comments differentials for certain options with B. Self-Regulatory Organization’s • high premiums or other special Statement on Burden on Competition Send paper comments in triplicate characteristics. This proposed rule change does not to Elizabeth M. Murphy, Secretary, impose any burden on competition that Securities and Exchange Commission, Currently, the spread on options on 100 F Street NE., Washington, DC equities and index options must not is not necessary or appropriate in furtherance of the purposes of the Act. 20549–1090. exceed $5. For in-the-money series All submissions should refer to File where the market for the underlying In this regard and as indicated above, the Exchange notes that the rule Number SR–NASDAQ–2013–110. This security is wider than $5, the bid/ask file number should be included on the differential may be as wide as the proposed here is already in use by other options exchanges. subject line if email is used. To help the quotation for the underlying security on Commission process and review your 3 the primary market. C. Self-Regulatory Organization’s comments more efficiently, please use In this filing, the Exchange seeks the Statement on Comments on the only one method. The Commission will capability to establish wider bid/ask Proposed Rule Change Received From post all comments on the Commission’s differentials for options that have high Members, Participants or Others Internet Web site (http://www.sec.gov/ premiums or other special Written comments were neither rules/sro.shtml). Copies of the characteristics. For high premium solicited nor received. submission, all subsequent options, the current five dollar range amendments, all written statements can expose market makers to III. Date of Effectiveness of the with respect to the proposed rule disproportionate risk in dealing with Proposed Rule Change and Timing for change that are filed with the those issues thereby discouraging them Commission Action Commission, and all written from quoting in those instruments. As Because the foregoing proposed rule communications relating to the such, the Exchange proposes to be able change does not: (i) Significantly affect proposed rule change between the to modify the bid/ask differential for the protection of investors or the public Commission and any person, other than one or more series or classes of options, interest; (ii) impose any significant those that may be withheld from the as appropriate, in response to high burden on competition; and (iii) become public in accordance with the differential prices, market conditions, or operative for 30 days from the date on provisions of 5 U.S.C. 552, will be other special factors impacting a which it was filed, or such shorter time available for Web site viewing and particular option, options series, or class as the Commission may designate, it has printing in the Commission’s Public of option. become effective pursuant to Section Reference Room on official business The Exchange notes that this 19(b)(3)(A)(ii) of the Act 7 and days between the hours of 10:00 a.m. flexibility is already permitted by the subparagraph (f)(6) of Rule 19b–4 and 3:00 p.m. Copies of such filing also rules of many other options exchanges.4 thereunder.8 will be available for inspection and copying at the principal offices of the Exchange. All comments received will 3 See NOM Rule Chapter VII Section 6(d)(ii). 5 15 U.S.C. 78f(b). 4 See Phlx Rule 1014(c)(i)(A)(1)(a); CBOE Rule 6 15 U.S.C. 78f(b)(5). be posted without change; the 44.4(e); ISE Rule 803(b)(4); NYSE MKT Rule 7 15 U.S.C. 78s(b)(3)(a)(ii). Commission does not edit personal 925NY(b)(4)(E). 8 17 CFR 240.19b–4(f)(6). identifying information from

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submissions. You should submit only a carve-out or spin-off transaction. The comply with the requirement of Section information that you wish to make proposed rule change was published for 303A.07(c) of the Manual. By contrast, available publicly. comment in the Federal Register on July Section 303A.00 currently does not All submissions should refer to File 8, 2013.5 The Commission received one provide any transition period for Number SR–NASDAQ–2013–110, and comment letter on the proposal.6 This compliance with the internal audit should be submitted on or before order approves the proposed rule function requirement to a company September 18, 2013. change. which is listing in connection with: (i) Its IPO, or (ii) by means of a carve-out For the Commission, by the Division of II. Description of the Proposal Trading and Markets, pursuant to delegated or spin-off transaction.9 In its filing, the authority.9 For companies listing on the Exchange stated that it believes that the 7 Kevin M. O’Neill, Exchange in connection with an IPO, lack of a transition period in relation to Deputy Secretary. or by means of a carve-out or spin-off the internal audit function requirement transaction, Section 303A.07(c) of the [FR Doc. 2013–20934 Filed 8–27–13; 8:45 am] for these categories of newly-listed Manual requires that those companies companies is anomalous in light of the BILLING CODE 8011–01–P comply with the internal audit function treatment of companies transferring requirement at the time of listing. from other markets. Accordingly, the SECURITIES AND EXCHANGE Specifically, Section 303A.07(c) of the Exchange has proposed to amend COMMISSION Manual requires that any listed Section 303A.00 to extend the company subject to Section 303A.07 application of the one-year transition [Release No. 34–70246; File No. SR–NYSE– must have an internal audit function to period to comply with the internal audit 2013–40] provide management and the audit function requirement to such categories committee with ongoing assessments of of newly-listed companies. Further, the Self-Regulatory Organizations; New the listed company’s risk management Exchange proposed to amend Section York Stock Exchange LLC; Order processes and system of internal 303A.07 to include a sentence explicitly Approving Proposed Rule Change control. A listed company may choose stating that, although Section 303A.00 Amending 303A.00 of the Exchange’s to outsource this function to a third permits certain categories of newly- Listed Company Manual To Provide a party service provider other than its listed companies to have a transition One-Year Transition Period To Comply independent auditor. period, that all companies that are With the Internal Audit Requirement of According to the Exchange, consistent subject to Section 303A.07 would be Section 303A.07(c) for Companies with the transition provisions of Section required to have an internal audit Listing in Connection With an Initial 303A.00 of the Manual, any company function no later than one year after Public Offering, or by Means of a listing upon transfer from another their listing date. Carve-Out or Spin-Off Transaction national securities exchange that does Several provisions in Section 303A.07 August 22, 2013. not have an internal audit function set forth duties of the audit committee requirement has one year from the date with respect to the internal audit I. Introduction of listing to comply with the Exchange’s function requirement. In its filing, the On June 18, 2013, New York Stock internal audit function requirement in Exchange has proposed to amend those Exchange LLC (‘‘NYSE’’ or the Section 303A.07(c) of the Manual.8 provisions to clarify the duties of the ‘‘Exchange’’) filed with the Securities Neither the Nasdaq Stock Market LLC audit committee with respect to the and Exchange Commission (‘‘Nasdaq’’) nor NYSE MKT LLC (‘‘NYSE internal audit function during any (‘‘Commission’’), pursuant to Section MKT’’) has an internal audit function transition period applicable to IPOs, 19(b)(1) 1 of the Securities Exchange Act requirement for companies listing on transfers from another national of 1934 (‘‘Exchange Act’’),2 and Rule their exchange. Consequently, any securities exchange, carve-outs and 19b–4 thereunder,3 a proposed rule company transferring its listing from spin-offs. The Exchange has proposed to change to amend 303A.00 of the Nasdaq or NYSE MKT to the NYSE has amend the following sections of the Exchange’s Listed Company Manual one year from the date of listing to Manual as described below: • (the ‘‘Manual’’) to provide a one-year Section 303A.07(b)(i)(A) currently transition period to comply with the Exchange’s proposed amendment would provide a requires that the audit committee’s one-year transition period for compliance with the charter must provide that the committee internal audit function requirement of internal audit function requirement to all Section 303A.07(c) for companies listing companies currently eligible for the IPO transition will assist board oversight of: (1) The in connection with an initial public periods in Section 303A.00. integrity of the listed company’s offering (as new registrants under the 5 See Securities Exchange Act Release No. 69914 financial statements, (2) the listed Exchange Act) (‘‘IPO’’),4 or by means of (July 2, 2013), 78 FR 40816. company’s compliance with legal and 6 See Letter from Richard F. Chambers, President regulatory requirements, (3) the and Chief Executive Officer, The Institute of 9 17 CFR 200.30–3(a)(12). Internal Auditors to Elizabeth M. Murphy, independent auditor’s qualifications 1 15 U.S.C. 78s(b)(1). Secretary, Commission, dated July 29, 2013. and independence, and (4) the 2 15 U.S.C. 78a. 7 The Commission notes that companies listing on 3 17 CFR 240.19b–4. the Exchange must register under Section 12(b) of 9 Section 102.01B of the Manual defines a carve- 4 For purposes of Section 303A other than the Exchange Act. out as the initial offering of an equity security to Sections 303A.06 (which incorporates Exchange 8 Section 303.00 of the Manual states, among the public by a publicly traded company for an Act Rule 10A–3 by reference) and 303A.12(b), other things, that a company previously registered underlying interest in its existing business (which Section 303A.00 currently provides that a company pursuant to Section 12(b) of the Exchange Act must may be subsidiary, division, or business unit). For is considered to be listing in conjunction with an satisfy the requirements of Section 303A, which all practical purposes, a carve-out is the same as an IPO if, immediately prior to listing, it does not have includes the internal audit function requirement of IPO, as it involves the listing of a newly-public a class of common stock registered under the Section 303A.07(c), within one year of the listing company in connection with the initial public Exchange Act. Consequently, a company whose to the extent that the national securities exchange offering of its common stock. A spin-off involves common stock has not previously been registered on which it was listed did not have the same the distribution by a listed company of all of the under the Exchange Act is eligible to avail itself of requirement, with the exception of Section 303A.06 outstanding common stock of a subsidiary to the the IPO transition periods in Section 303A.00 including, if applicable, the independence listed company’s shareholders and the listing of the regardless of whether that company is conducting requirements of Section 303A.02, which must be new company, generally without any concurrent a public offering at the time of its initial listing. The complied with at the time of listing. offering.

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performance of the listed company’s to comply with the internal audit whether publicly traded or privately internal audit function and independent function requirement to companies held, should have an internal audit auditors. The proposed amendment listing in connection with their IPO or function. In its comment letter, the IIA would provide that if the listed by means of a carve-out or spin-off stated that it opposes the Exchange’s company does not yet have an internal transaction does not, in its view, give proposed rule change because it will audit function because it is availing rise to any novel regulatory issues that relax an important governance itself of a transition period pursuant to do not arise in connection with the requirement. Additionally, the IIA Section 303A.00, the company’s charter existing transition provision for stated that because newly-public must provide that the committee will companies transferring from another companies are typically upgrading their assist board oversight of the design and national securities exchange. The accounting systems and internal implementation of the internal audit Exchange stated that it believes that controls and hiring additional staff to function. providing a transitional period after meet the greater demands placed on • Section 303A.07(b)(i)(E) currently listing for a newly public company to public companies, an internal audit states that the audit committee’s charter establish its internal audit function function would assist the board and must provide that the committee will would benefit investors by making the senior management in assessing these meet separately, periodically, with company’s implementation of the critical systems and internal controls as management, internal auditors (or other internal audit function more effective they are being developed, implemented, personnel responsible for the internal and efficient and reducing the costs that enhanced and/or upgraded. Regarding audit function) and independent a company faces in its first year as a NYSE’s statement that a one-year auditors. The proposed amendment public company. The Exchange further transition period would give a newly- would provide that if the listed believes that the proposed transition appointed audit committee the company does not yet have an internal period would also limit any interference opportunity to become familiar with the audit function because it is availing by the Exchange’s internal audit internal controls and risk management itself of a transition period pursuant to requirement with a company’s business of the company and determine a Section 303A.00, the audit committee decision regarding the timing and use of suitable internal audit function for the must meet periodically with the resources relating to its initial listing. In company, the IIA stated its belief that company personnel primarily that regard, the Exchange noted in its there was greater value to the company’s responsible for the design and filing that newly-public companies are board of directors, management, and implementation of the internal audit typically in the process of upgrading investors in having a chief audit function. • their accounting systems and internal executive on staff as soon as possible to Section 303A.07(b)(i)(F) currently controls and hiring additional staff to assist in developing the internal audit requires the audit committee’s charter to meet the greater demands placed on function and providing expert advice provide that the committee will review public companies. The Exchange in and counseling on internal control and with the independent auditor any audit support of its proposal also stated its risk management during such a problems or difficulties and belief that a one-year transition period formative stage for the company and the management’s response. This review is would give a newly-appointed audit audit committee. Additionally, the IIA required to include, among other things, committee an opportunity to become acknowledged that other national a discussion of the responsibilities, familiar with the internal controls and securities exchanges do not have rules budget and staffing of the listed risk management of the company and comparable to NYSE’s rules, but company’s internal audit function. The determine what kind of internal audit nevertheless stated its belief that NYSE proposed amendment would provide function is suitable for the company should continue to set the standard for that if the listed company does not yet have an internal audit function because given its specific circumstances. U.S. company listing requirements and it is availing itself of a transition period As noted in its proposal, the Exchange not weaken its stance as those rules pursuant to Section 303A.00, this believes that given the limited scope of apply to IPOs, new registrants, carve- review should include a discussion of the proposed transition provision and outs and spin-offs. The IIA also believes management’s plans with respect to the the fact that other national securities that companies that understand the responsibilities, budget and staffing of exchanges do not have comparable important role that internal audits play the internal audit function and the rules, the extension of the transition in overall good corporate governance company’s plans for the implementation provision to IPOs, carve-outs and spin- will comply with more than just the of the internal audit function. offs is consistent with the protection of minimum aspects of any governance • Section 303A.07(b)(i)(H) currently investors and the public interest and rule. that investors would be at least as well states that the audit committee’s charter IV. Discussion and Commission Finding must provide that the committee will protected by having these companies report regularly to the board of directors listed on the Exchange, where they After careful consideration, the to review, among other things, the would be subject to such a requirement Commission finds that the proposed performance of the company’s internal after the transition period. rule change is consistent with the requirements of the Act and rules and audit function. The proposed III. Comments amendment would provide that if the regulations thereunder applicable to a 11 listed company does not yet have an The Commission received one national securities exchange. In internal audit function because it is comment letter on the proposed change particular, the Commission finds that availing itself of a transition period from The Institute of Internal Auditors the proposed rule change is consistent 10 12 pursuant to Section 303A.00, the audit (‘‘the IIA’’). Given the important role with Section 6(b)(5) of the Act, in that committee should review with the board of a robust internal audit function, the it is designed to promote just and management’s activities with respect to IIA believes that all organizations, 11 the design and implementation of the In approving the proposed rule changes, the 10 The IIA stated that it is a globally recognized Commission has considered their impact on internal audit function. authority of the internal auditing profession and efficiency, competition, and capital formation. See In its filing, the Exchange stated its represents more than 180,000 members, one-third of 15 U.S.C. 78c(f). belief that providing a transition period whom reside in the United States. 12 15 U.S.C. 78f(b)(5).

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equitable principles of trade, to foster that the transition is limited in duration For the Commission, by the Division of cooperation and coordination with and that during any transition period Trading and Markets, pursuant to delegated 15 persons engaged in regulating, clearing, the audit committee will continue to authority. settling, processing information with have a role in overseeing the listed Kevin M. O’Neill, respect to, and facilitating transactions company’s financial systems and Deputy Secretary. in securities, to remove impediments to internal controls over financial [FR Doc. 2013–20956 Filed 8–27–13; 8:45 am] and perfect the mechanism of a free and reporting and will also be involved in BILLING CODE 8011–01–P open market and a national market overseeing the design and system, and, in general, to protect implementation of the company’s investors and the public interest. internal audit function during that OFFICE OF THE UNITED STATES The Commission believes that the period. In this regard, the Exchange has TRADE REPRESENTATIVE proposed rule change, which would specifically amended its rules to make Request for Public Comments provide a one-year transition period to clear, as required to be set forth in the comply with the internal audit Regarding the Interim Environmental audit committees’ written charter requirement of Section 303A.07(c) for Review of the Trans-Pacific provisions, that a listed company’s audit companies listing in connection with an Partnership Agreement IPO or by means of a carve-out or spin- committee still has responsibilities as to AGENCY: Office of the United States off transaction, is consistent with the the oversight of the design and Trade Representative. Act. The Commission notes that this implementation of the company’s change will provide a transition period internal audit function during any one ACTION: Notice of availability and to comply with the internal audit year transition period, as well as a request for public comments. requirement, to review and discuss function requirement to companies SUMMARY: The Office of the U.S. Trade management’s plans with respect to the listing in connection with an IPO, or by Representative (USTR), on behalf of the responsibilities, budget and staffing of means of a carve-out or spin-off Trade Policy Staff Committee (TPSC), transaction, while retaining its general the internal audit function and plans for invites written comments from the requirement that all such companies its implementation. These charter public on the interim environmental must have an internal audit function no provisions and responsibilities of the review of the proposed Trans-Pacific later than one year from the company’s audit committee should help to ensure Partnership Agreement (TPP). The listing date. Moreover, the Commission that the internal audit function is being interim environmental review will be notes that with this change, companies developed with oversight from the audit available at: http://www.ustr.gov/trade- listing in connection with an IPO, or by committee during the transition period, topics/environment/environmental- means of a carve-out or spin-off and is on track to be implemented no reviews. transaction will be subject to the same later than one year from the company’s DATES: In order to be assured of one year deadline to comply with the listing on the Exchange. internal audit function requirements of consideration, comments should be Section 303A.07(c) that applies to any The Commission further notes that, submitted not later than 11:59 p.m., company listing upon transfer from although this proposed rule change will September 25, 2013 to inform the another national securities exchange allow certain companies a one-year negotiations and the final that does not have the same internal transition period, these same companies environmental review of the agreement. audit function requirement. will continue to be subject to the ADDRESSES: Submissions should be The Commission has also considered requirements of Section 13(b)(2)(B) of made via the Internet at the comment letter of the IIA and agrees the Exchange Act, and the rules www.regulations.gov docket number that an internal audit function plays an thereunder, that require registered USTR–2013–0028. For alternatives to important role in overall good corporate companies to devise and maintain a on-line submissions please contact governance for all public companies. system of internal accounting controls. Yvonne Jamison (202–395–3475). The The Commission notes, however, that as The Commission believes that an public is strongly encouraged to file of the date of this order, no other internal audit function can, among other submissions electronically rather than national securities exchange has things, assist newly listed companies on by facsimile or mail. comparable rules requiring listed the NYSE in meeting their obligations FOR FURTHER INFORMATION CONTACT: companies to maintain an internal audit under Section 13(b)(2)(B). As a result, Questions regarding the submission of function.13 The Commission also notes companies eligible to avail themselves comments in response to this notice of the proposed transition period are should be directed to Yvonne Jamison at 13 The Commission notes that Nasdaq had encouraged to implement an internal (202) 395–3475. Questions concerning previously proposed to require listed companies to the interim environmental review have an internal audit function similar to NYSE’s audit function as quickly as possible. requirement prior to the change being approved in should be addressed to David Oliver at this order. However, on May 7, 2013 Nasdaq V. Conclusion (202) 395–7320. withdrew its proposal. Nasdaq stated it was SUPPLEMENTARY INFORMATION: It is therefore ordered, pursuant to The Trade withdrawing its proposal so that it may fully Act of 2002 provides that the President consider the comments submitted on it, but that it Section 19(b)(2) of the Act 14 that the shall conduct environmental reviews of ‘‘. . . remains committed to the underlying goal of proposed rule change (SR–NYSE–2013– the proposal, to help ensure that listed companies certain international trade agreements 40) is approved. have appropriate processes in place to assess risks consistent with Executive Order 13141– and the system of internal controls, and intends to file a revised proposal.’’ See Securities Exchange Environmental Review of Trade Act Release 69792 (June 18, 2013), 78 FR 37867 Agreements (64 FR 63,169, Nov. 18, (June 24, 2013). To date, Nasdaq has not filed a 1999) and its implementing guidelines revised proposal. NYSE MKT had also filed a internal audit function is important for listed (65 FR 79,442, Dec. 19, 2000) and report proposal to adopt an internal audit function companies. requirement but withdrew its proposal on May 14, on such reviews to the Committee on 2013. (SR–NYSEMKT–2013–41) The Commission 14 15 U.S.C. 78f(b)(2). Ways and Means of the House of continues to believe, as noted above, that an 15 17 CFR 200.30–3(a)(12). Representatives and the Committee on

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Finance of the Senate. The Executive should begin with the characters ‘‘BC’’. The parcel is located on the northwest Order and guidelines are available at: Any page containing business corner of the Penn Yan Airport. The http://www.ustr.gov/trade-topics/ confidential information must be clearly tract currently consists of 0.069 +/¥ environment/environmental-reviews. marked ‘‘BUSINESS CONFIDENTIAL’’ acres of land and it is currently vacant. The purpose of environmental reviews on the top of that page. Filers of The requested release is for the purpose is to ensure that policymakers and the submissions containing business of permitting the airport owner (Yates public are informed about reasonably confidential information must also County) to grant an easement of 0.069 foreseeable environmental impacts of submit a public version of their +/¥acres for ingress/egress to a boat trade agreements (both positive and comments. The file name of the public storage and maintenance facility to be negative), to identify complementarities version should begin with the character constructed by Land and Sea Properties between trade and environmental ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be on airports lands previously released. objectives, and to help shape followed by the name of the person or The proposed 50′ +/¥ wide by 60.11′ appropriate responses if environmental entity submitting the comments. Filers +/¥easement is required to comply impacts are identified. Reviews are submitting comments containing no with the Town of Milo requirement to intended to be one tool, among others, business confidential information for integrating environmental should name their file using the name provide emergency equipment ingress/ information and analysis into the fluid, of the person or entity submitting the egress to the Land and Sea Properties dynamic process of trade negotiations. comments. boat storage and maintenance facility USTR and the Council on Please do not attach separate cover from the Penn Yan Airport access road. Environmental Quality jointly oversee letters to electronic submissions; rather, Documents reflecting the Sponsor’s implementation of the Order and include any information that might request are available, by appointment Guidelines. USTR, through the Trade appear in a cover letter in the comments only, for inspection at the Office of the Policy Staff Committee (TPSC), is themselves. Similarly, to the extent Yates County Legislature and the FAA responsible for conducting the possible, please include any exhibits, New York Airport District Office. individual reviews. annexes, or other attachments in the Requirements for Submissions: same file as the submission itself, not as DATES: Comments must be received by Persons submitting comments must do separate files. September 27, 2013. so in English and must indicate (on the As noted, USTR strongly urges ADDRESSES: first page of the submission) ‘‘Comments Comments on this submitters to file comments through the application may be mailed or delivered Regarding the TPP Interim www.regulations.gov Web site if at all Environmental Review.’’ In order to be to the FAA at the following address: possible. Any alternative arrangements Steven M. Urlass, Manager, FAA New assured of consideration, comments must be made with Ms. Jamison in should be submitted by 11:59 p.m., York Airports District Office, 600 Old advance of transmitting a comment. Ms. Country Road, Suite 446, Garden City, September 25, 2013. In order to ensure Jamison may be contacted at (202) 395– New York 11530. In addition, a copy of the timely receipt and consideration of 3475. General information concerning any comments submitted to the FAA comments, USTR strongly encourages USTR is available at www.ustr.gov. commenters to make on-line Comments will be placed in the must be mailed or delivered to Mr. H. submissions, using the docket and open to public inspection, Taylor Fitch, Chairman, Yates County www.regulations.gov Web site. To except business confidential Legislature, at the following address: submit comments via information. Comments may be viewed 417 Liberty Street, Penn Yan, NY. www.regulations.gov, enter docket on the www.regulations.gov Web site by 14527. number USTR–2013–0028 on the home entering the relevant docket number in page and click ‘‘search.’’ The site will FOR FURTHER INFORMATION CONTACT: the search field on the home page. provide a search-results page listing all Steven M. Urlass, Manager, New York documents associated with this docket. William Shpiece, Airports District Office, 600 Old Find a reference to this notice and click Acting Chair, Trade Policy Staff Committee. Country Road, Suite 446, Garden City, on the link entitled ‘‘Comment Now!’’ [FR Doc. 2013–20930 Filed 8–27–13; 8:45 am] New York 11530; telephone (516) 227– (For further information on using the BILLING CODE 3290–F3–P 3803; FAX (516) 227–3813; email www.regulations.gov Web site, please [email protected]. consult the resources provided on the Web site by clicking on ‘‘How to Use SUPPLEMENTARY INFORMATION: Section This Site’’ on the left side of the home DEPARTMENT OF TRANSPORTATION 125 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st page). Federal Aviation Administration The www.regulations.gov Web site Century (AIR21) requires the FAA to allows users to provide comments by Land Release for Penn Yan Airport provide an opportunity for public notice filling in a ‘‘Type Comment’’ field, or by and comment before the Secretary may attaching a document using an ‘‘Upload AGENCY: Federal Aviation waive a Sponsor’s Federal obligation to File’’ field. USTR prefers that comments Administration, DOT. use certain airport land for aeronautical be provided in an attached document. ACTION: Notice, request for public use. USTR prefers submissions in Microsoft comment. Word (.doc) or Adobe Acrobat (.pdf). If Issued in Garden City, New York on the submission is in an application SUMMARY: The Federal Aviation August 21, 2013. other than those two, please indicate the Administration is requesting public Steven M. Urlass, name of the application in the ‘‘Type comment on the Penn Yan Airport Manager, New York, Airports District Office, Comment’’ field. (PEO), Penn Yan, New York, Notice of Eastern Region. For any comments submitted Proposed Release from Aeronautical Use [FR Doc. 2013–21002 Filed 8–27–13; 8:45 am] ¥ electronically containing business of approximately 0.069 +/ acres of BILLING CODE 4910–13–P confidential information, the file name airport property, to allow for non- of the business confidential version aeronautical development.

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DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time is to improve the public’s awareness of, or to the Docket Management Facility in and participation in, this aspect of Federal Aviation Administration Room W12–140 of the West Building FAA’s regulatory activities. Neither [Summary Notice No. PE–2013–37] Ground Floor at 1200 New Jersey publication of this notice nor the Avenue SE., Washington, DC, between 9 inclusion or omission of information in Petition for Exemption; Summary of a.m. and 5 p.m., Monday through the summary is intended to affect the Petition Received Friday, except Federal holidays. legal status of the petition or its final FOR FURTHER INFORMATION CONTACT: disposition. AGENCY: Federal Aviation Mark Forseth, ANM–113, (425) 227– Administration (FAA), DOT. DATES: Comments on this petition must 2796, Federal Aviation Administration, identify the petition docket number ACTION: Notice of petition for exemption 1601 Lind Avenue SW., Renton, WA involved and must be received on or received. 98057–3356, or Andrea Copeland, before September 17, 2013. SUMMARY: This notice contains a ARM–208, Office of Rulemaking, ADDRESSES: You may send comments summary of a petition seeking relief Federal Aviation Administration, 800 identified by Docket Number FAA– from specified requirements of Title 14, Independence Avenue SW., 2013–0101 using any of the following Code of Federal Regulations (14 CFR). Washington, DC 20591; email methods: The purpose of this notice is to improve [email protected]; (202) 267– • Government-wide rulemaking Web the public’s awareness of, and 8081. site: Go to http://www.regulations.gov participation in, this aspect of the FAA’s This notice is published pursuant to and follow the instructions for sending regulatory activities. Neither publication 14 CFR 11.85. your comments electronically. of this notice nor the inclusion or Issued in Washington, DC, on August 23, • Mail: Send comments to the Docket omission of information in the summary 2013. Management Facility; U.S. Department is intended to affect the legal status of Brenda D. Courtney, of Transportation, 1200 New Jersey the petition or its final disposition. Acting Director, Office of Rulemaking. Avenue SE., West Building Ground DATE: Comments on this petition must Floor, Room W12–140, Washington, DC identify the petition docket number Petition For Exemption 20590. • involved and must be received on or Docket No.: FAA–2013–0560 Fax: Fax comments to the Docket before September 17, 2013. Petitioner: Dassault Aviation Management Facility at 202–493–2251. • Hand Delivery: Bring comments to ADDRESSES: You may send comments Section of 14 CFR Affected: §§ 25.629 the Docket Management Facility in identified by docket number FAA– & 25.671 Room W12–140 of the West Building 2013–0560 using any of the following Description of Relief Sought: Ground Floor at 1200 New Jersey methods: Petitioner requests relief from • Government-wide rulemaking Web requirements of 14 Code of Federal Avenue SE., Washington, DC, between 9 site: Go to http://www.regulations.gov Aviation Regulations 25.629 and 25.671 a.m. and 5 p.m., Monday through and follow the instructions for sending for aeroelastic stability evaluations Friday, except Federal holidays. Privacy: We will post all comments your comments digitally. regarding flutter, divergence, control • Mail: Send comments to the Docket reversal, and any undue loss of stability we receive, without change, to http:// Management Facility; U.S. Department and control as a result of structural www.regulations.gov, including any of Transportation, 1200 New Jersey deformation; and the airplane must be personal information you provide. Avenue SE., West Building Ground shown by analysis, tests, or both to be Using the search function of our docket Floor, Room W12–140, Washington, DC capable of continued safe flight and Web site, anyone can find and read the 20590. landing, following a dual hydraulic- comments received into any of our • Fax: Fax comments to the Docket system failure or any single failure in dockets, including the name of the Management Facility at 202–493–2251. combination with a probable hydraulic individual sending the comment (or • Hand Delivery: Bring comments to failure, on Dassault Falcon 900 signing the comment for an association, the Docket Management Facility in airplanes equipped with blended business, labor union, etc.). You may Room W12–140 of the West Building winglets. review DOT’s complete Privacy Act Statement in the Federal Register Ground Floor at 1200 New Jersey [FR Doc. 2013–20971 Filed 8–27–13; 8:45 am] Avenue SE., Washington, DC, between 9 published on April 11, 2000 (65 FR BILLING CODE 4910–13–P a.m. and 5 p.m., Monday through 19477–78). Friday, except Federal holidays. Docket: To read background documents or comments received, go to Privacy: We will post all comments DEPARTMENT OF TRANSPORTATION we receive, without change, to http:// http://www.regulations.gov at any time www.regulations.gov, including any Federal Aviation Administration or to the Docket Management Facility in personal information you provide. Room W12–140 of the West Building Using the search function of our docket [Summary Notice No. PE–2013–41] Ground Floor at 1200 New Jersey Web site, anyone can find and read the Avenue SE., Washington, DC, between 9 Petition for Exemption; Summary of a.m. and 5 p.m., Monday through comments received into any of our Petition Received dockets, including the name of the Friday, except Federal holidays. individual sending the comment (or AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: signing the comment for an association, Administration (FAA), DOT. Michael Menkin, ANM–113, business, labor union, etc.). You may ACTION: Notice of petition for exemption Standardization Branch, Federal review the DOT’s complete Privacy Act received. Aviation Administration, Transport Statement in the Federal Register Airplane Directorate, 1601 Lind Ave. published on April 11, 2000 (65 FR SUMMARY: This notice contains a SW., Renton, WA 98057; email 19477–78). summary of a petition seeking relief [email protected]; 425–227– Docket: To read background from specified requirements of FAA’S 2793; fax: 425–227–1320; or Andrea documents or comments received, go to regulations. The purpose of this notice Copeland, ARM–200, Office of

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Rulemaking, Federal Aviation Floor, Room W12–140, Washington, DC DEPARTMENT OF TRANSPORTATION Administration, 800 Independence 20590. Federal Highway Administration Avenue SW., Washington, DC 20591; • Fax: Fax comments to the Docket email andrea.copeland @faa.gov; (202) Management Facility at 202–493–2251. 267–8081. Revised Notice of Intent To Prepare an • This notice is published pursuant to Hand Delivery: Bring comments to Environmental Impact Statement: 14 CFR 11.85. the Docket Management Facility in Milwaukee County, Wisconsin Room W12–140 of the West Building AGENCY: Federal Highway Issued in Washington, DC, on August 22, Ground Floor at 1200 New Jersey 2013. Administration (FHWA), DOT. Avenue SE., Washington, DC, between 9 Ida Klepper, a.m. and 5 p.m., Monday through ACTION: Revised notice of intent. Acting Director, Office of Rulemaking. Friday, except Federal holidays. SUMMARY: The FHWA is issuing this Petition For Exemption Privacy: We will post all comments revised Notice of Intent to advise the Docket No.: FAA–2013–0711 we receive, without change, to http:// public that the project limits for the I– Petitioner: The Boeing Company www.regulations.gov, including any 94 East-West Corridor Environmental Section of 14 CFR Affected: personal information you provide. Impact Statement (EIS) will be § 25.853(d) and Special Conditions 25– Using the search function of our docket extended; the project is located in 370–SC. Web site, anyone can find and read the Milwaukee County, Wisconsin. Description of Relief Sought: To allow comments received into any of our FOR FURTHER INFORMATION CONTACT: the use of Ensolite as an energy dockets, including the name of the Bethaney Bacher-Gresock, absorbing material on side-facing, individual sending the comment (or Environmental Program Manager, business-class passenger seats with signing the comment for an association, FHWA Wisconsin Division Office, City inflatable restraints on Boeing Model business, labor union, etc.). You may Center West, 525 Junction Road, Suite 787 Series airplanes. review DOT’s complete Privacy Act 8000, Madison, WI 53717; Telephone: [FR Doc. 2013–20922 Filed 8–27–13; 8:45 am] Statement in the Federal Register (608) 662–2119. BILLING CODE 4910–13–P published on April 11, 2000 (65 FR SUPPLEMENTARY INFORMATION: The 19477–78). FHWA, in cooperation with the Docket: To read background Wisconsin Department of DEPARTMENT OF TRANSPORTATION documents or comments received, go to Transportation (WisDOT), issued a http://www.regulations.gov at any time Notice of Intent May 18, 2012 to prepare Federal Aviation Administration an EIS for proposed improvements in or to the Docket Management Facility in the I–94 corridor between 70th Street on [Summary Notice No. PE–2013–40] Room W12–140 of the West Building the west and 25th Street on the east Ground Floor at 1200 New Jersey Petition for Exemption; Summary of (2.85 miles). This revised Notice of Avenue SE., Washington, DC, between 9 Petition Received Intent extends the eastern project limits a.m. and 5 p.m., Monday through from 25th Street to 16th Street; the EIS Friday, except Federal holidays. AGENCY: Federal Aviation for the I–94 East-West Corridor project Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: now extends from 70th Street on the ACTION: Notice of petition for exemption Andrea Copeland, ARM–208, Office of west to 16th Street on the east (3.5 received. Rulemaking, Federal Aviation miles). The extension is in response to Administration, 800 Independence additional work necessary east of 25th SUMMARY: This notice contains a Street to accommodate alternatives that summary of a petition seeking relief Avenue SW., Washington, DC 20591; would tie back into I–94 near 16th from specified requirements of 14 CFR. email [email protected]; (202) Street and better match the recently The purpose of this notice is to improve 267–8081. This notice is published pursuant to reconstructed Marquette Interchange. the public’s awareness of, and The purpose of the project remains 14 CFR 11.85. participation in, this aspect of FAA’s the same, is to replace deteriorating regulatory activities. Neither publication Issued in Washington, DC, on August 23, pavement and bridges and improve of this notice nor the inclusion or 2013. safety, while identifying methods to omission of information in the summary Brenda D. Courtney, accommodate existing and projected is intended to affect the legal status of Acting Director, Office of Rulemaking. future traffic volumes; this may result in the petition or its final disposition. the full reconstruction and redesign of DATE: Comments on this petition must Petition For Exemption the I–94 corridor. The EIS will also identify the petition docket number and evaluate interchanges with I–94 at 68th Docket No.: FAA–2013–0605 must be received on or before Street/70th Street, Hawley Road, September 17, 2013. Petitioner: Aerovias de Me´xico, S.A. Mitchell Boulevard, US 41/STH 341 ADDRESSES: You may send comments de C.V. (Aeromexico) (Stadium Interchange), 35th Street and identified by Docket Number FAA– Section of 14 CFR Affected: 26th Street/Saint Paul Avenue as well as 2013–0605 using any of the following 129.117(e)(1) US 41 at Wisconsin Avenue/Wells methods: Street. The EIS will be developed in Description of Relief Sought: • Government-wide rulemaking Web accordance with 23 U.S.C. 139, 23 CFR Petitioner is requesting a 12-month site: Go to http://www.regulations.gov 771, and 40 CFR parts 1500–1508. and follow the instructions for sending extension of the December 26, 2014, Public involvement is a critical your comments electronically. compliance date to install a component of the National • Mail: Send comments to the Docket Flammability Reduction Means (FRM) Environmental Policy Act (NEPA) Management Facility; U.S. Department in 50% of its airplanes. project development process and will of Transportation, 1200 New Jersey [FR Doc. 2013–20970 Filed 8–27–13; 8:45 am] continue to occur throughout the Avenue SE., West Building Ground BILLING CODE 4910–13–P development of the EIS. Specific efforts

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to encourage involvement by, and solicit DEPARTMENT OF TRANSPORTATION DATES: An early scoping meeting where comments from, minority and low- the public and interested agencies can income populations in the project study Federal Transit Administration learn more about and comment on the area will continue to be made. The EIS scope of the alternatives analysis will be Early Scoping Notification for the held on September 26, 2013, at 6:30 will be made available for review by Alternatives Analysis of the GA 400 federal and state resource agencies and p.m. to 8:30 p.m. The location of this Transit Initiative in Fulton County, meeting is indicated under ADDRESSES the public. Public information meetings, Georgia all of which are announced in advance, below. were held August 21 and 23, 2012; AGENCY: Federal Transit Administration At the early scoping meeting, MARTA December 5–6, 2012; May 21–22, 2013; (FTA), United States Department of will provide information on the alternatives analysis progress along with and July 30–31, 2013. In addition, a Transportation (USDOT). opportunities for written comments. public hearing will be held after the ACTION: Notice of early scoping meeting. Written or electronic scoping comments completion of the Draft EIS. SUMMARY: The Federal Transit are requested by October 28, 2013, and Inquiries related to the I–94 East-West Administration (FTA) and the can be sent or emailed to the MARTA Corridor Study can be sent to Metropolitan Atlanta Rapid Transit project manager at the address below. [email protected]. A public Authority (MARTA) issue this early Comments may also be offered at the Web site has been established for the scoping notice to advise other agencies early scoping meeting. project and will be maintained and the public that they intend to ADDRESSES: Written or electronic throughout the study for public explore potential alternatives for comments should be sent to Ms. Janide comment and information at http:// providing high-capacity transit in the Sidifal, Project Manager, MARTA, 2424 www.sefreeways.org. To ensure that the GA 400 corridor in north Fulton County, Piedmont Road NE., Atlanta GA 30324– full range of issues related to this GA from Dunwoody to Alpharetta that 3330 or by email to connect400@ proposed action are addressed and all would improve transit linkages and itsmarta.com. If submitting an significant issues identified, comments coverage to communities within this electronic comment, please type corridor and would enhance mobility and suggestions are invited from all ‘‘Connect 400 Early Scoping Comment and accessibility to and within the interested parties. Comments and for MARTA’’ in the subject line of the corridor by providing a more robust questions concerning the proposed email. MARTA maintains a Facebook transit network that offers an alternative page for the Connect 400 project and action and the EIS should be directed to to automobile travel. This notice invites the FHWA address provided above. will notify Facebook followers, in the public and agency officials to help conjunction with publication of this Projects receiving Federal funds must support the ongoing alternatives notice, to submit comments to the comply with Title VI of the Civil Rights analysis and system planning effort by aforementioned email address as well. Act and Executive Order 12898 Federal commenting on the project’s purpose The address for the early scoping Actions to Address Environmental and need, the project study area, the meeting is as follows: Justice in Minority and Low-Income alternatives being considered, the Alpharetta City Hall, 2 Main Street, Populations. Federal law prohibits transportation problems that are being Alpharetta, GA 30009. discrimination on the basis of race, addressed by the alternatives analysis The meeting location is accessible to color, age, sex, or country of national study, public participation and outreach persons with disabilities. If translation, origin in the implementation of this methods, the relevant transportation signing services, or other special and community impacts and benefits project. It is also Federal policy to accommodations are needed, please being considered, known environmental identify and address any contact the Project Manager, Ms. Janide issues raised by public and agency Sidifall at [email protected] or disproportionately high and adverse coordination to date, and the projected effects of federal projects on the health 404–848–5828; or the Senior Director of capital and operating costs of this Transit System Planning, Mr. Don or environment of minority and low- project. Williams at [email protected] or income populations to the greatest The early scoping process is intended 404–848–4422 at least one week before extent practicable and permitted by law. to support the alternatives analysis and the scoping meeting. (Catalog of Federal Domestic Assistance a future National Environmental Policy FOR FURTHER INFORMATION CONTACT: Mr. Program Number 20.205, Highway Planning Act (NEPA) scoping process and will Keith Melton, Community Planner, FTA and Construction. The regulations help streamline the future development Region IV, 230 Peachtree Street NW., implementing Executive Order 12372 of an environmental impact statement Suite 800, Atlanta, GA 30303 or email: regarding intergovernmental consultation on (EIS), if warranted. In addition, it Federal programs and activities apply to this supports FTA planning requirements [email protected]. program.) associated with the New Starts SUPPLEMENTARY INFORMATION: (‘‘Section 5309’’) funding program for Early Scoping Issued on: August 22, 2013. certain kinds of major capital Bethaney Bacher-Gresock, investments. While recent legislation Early scoping is an optional early step Major Projects Environmental Manager, has led to changes in the New Starts in the NEPA process that precedes Federal Highway Administration, Madison process, MARTA will comply with all NEPA scoping, which normally begins Wisconsin. relevant FTA requirements relating to when the FTA and the grant applicant [FR Doc. 2013–20964 Filed 8–27–13; 8:45 am] planning and project development to publish a notice of intent to prepare an BILLING CODE 4910–22–P help analyze and screen alternatives in EIS. FTA encourages the use of early preparation for the NEPA process. scoping for major planning activities Public meetings are described and studies that may receive other FTA immediately below. A more detailed funding as a way to start the NEPA discussion of the project and this early process during earlier project planning scoping process is included in sections phases. Early scoping is intended to that follow. generate public and agency review and

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comments on the scope of a planning MARTA heavy rail and bus. The Georgia movement, which constrains economic effort within a defined transportation Regional Transportation Authority development opportunities; and corridor, which helps the agency to (GRTA) also operates two bus routes • Air quality—The continued growth determine which particular alignment that connect the southern portion of the of vehicular travel will negatively affect variations, should receive more focused GA 400 corridor with express bus air quality in the study area and the study and development to streamline service at peak hours from the north and region. the NEPA process. Early scoping can southeast from outside the GA 400 Potential Alternatives serve not only to streamline the NEPA corridor. Rail service extends from process, but also to firmly link Downtown Atlanta to the major retail MARTA is exploring alternative transportation planning and NEPA; and employment centers, including the transit mode, alignment, and design making sure that the public and Medical Center and Perimeter Center in options for high capacity transit service interested agencies are given the Dunwoody and Sandy Springs in the in the GA 400 corridor using a three- opportunity to review and provide southern portion of the corridor. step evaluation process. The three-step comments on the results of planning MARTA Bus service primarily functions evaluation process includes a Fatal Flaw activities and studies that can then be as feeder service to MARTA heavy rail Analysis, Screen 1 and Screen 2 and is used to inform the NEPA process. Early stations from areas to the north, generally characterized by the scoping for the GA 400 Transit Initiative including Roswell, Alpharetta and application of an increasingly detailed is being conducted in support of NEPA Milton. A number of the bus routes and and comprehensive set of performance requirements and in accordance with the MARTA heavy rail stations service measures to a decreasing number of the Council on Environmental Quality’s park-and-ride facilities. alternatives. Each step in the evaluation (CEQ) and FTA’s regulations and process focuses the analysis on guidance for implementing NEPA (40 Purpose and Need for the Proposed progressively fewer alternatives with CFR 1501.2 through 1501.8 and through Project higher levels of scrutiny. In addition, 23 CFR 771.111), which encourage MARTA invites comments on the the Build Alternatives are compared not federal agencies to initiate NEPA early following preliminary statement of the only to each other but also to the No- in their planning processes. Early project’s purpose and need. Build Alternative, which provides the benchmark for establishing the travel scoping allows the scoping process to The purpose of the project is to benefits, environmental impacts of the begin as soon as there is enough provide reliable, convenient, efficient, alternatives and the cost-effectiveness of information to describe the proposal so and sustainable transit service in the GA the alternatives. The GA 400 Corridor that the public and relevant agencies 400 corridor by: Transit Initiative is currently in Screen can participate effectively. This is • Providing high capacity transit (bus particularly useful in situations when a 2. After consideration of the findings of and/or rail) through the GA 400 corridor the first and second steps in the proposed action involves a broadly study area; defined corridor with an array of transit • evaluation process, MARTA has Improving transit linkages and identified an alignment that would investment alternatives. This early coverage to communities within the scoping notice invites public and provide approximately 11.9 miles of study area; and transit service along the GA 400 corridor agency involvement with the ongoing • Enhancing mobility and supplementary planning activities and within existing right-of-way from the accessibility to and within the study existing North Springs MARTA station studies for the GA 400 Transit Initiative, area by providing a more robust transit including review of the (a) Purpose and to Windward Parkway. This alignment network that offers an alternative to is referred to as the GA 400–1A Build need, (b) the proposed alternatives, and automobile travel. (c) the potential environmental, Alternative. Bus rapid transit (BRT), The need for this project arises from transportation, and community impacts heavy rail transit (HRT), and light rail the following: and benefits to consider during the transit (LRT) are the three transit modes • Travel demand—Increased travel NEPA process. or technologies being considered for this demand and traffic congestion; corridor. The three modes each have the • The GA 400 Transit Initiative and the Transit mobility—There is same general alignment, following GA Regional Transit System inadequate transit connectivity within 400 from North Springs MARTA station The GA 400 Corridor Alternatives the northern Fulton study area and to Windward Parkway. The LRT and the Analysis (AA) was initiated by MARTA between the study area and DeKalb, BRT alternatives have six stations from in late 2011 to identify potential and Gwinnett, and Cobb Counties and south to north: Northridge, Holcomb feasible transit modal alternatives in the central Atlanta. In addition, east-west Bridge, Mansell Road, North Point Mall, GA 400 corridor to address travel transit connectivity is inadequate. The Old Milton and Windward Parkway. demands. The GA 400 corridor is the limited routes across the Chattahoochee The HRT alternative is similar, but it transportation spine of northern Fulton River reflect the inadequate transit does not include a station at Old Milton. County, one of the fastest growing sub- connectivity; The outcome of Screen 2 will be the • regions in the metro-Atlanta region. The Transit travel times—Transit travel recommendation of the preferred GA 400 Corridor AA addresses the times are not competitive with auto alternative. MARTA may also consider travel market in a study area generally travel times due to the lack of express other alternatives that arise during the extending north along GA 400 from I– service; this is true for north-south trips early scoping comment period. 285 in Dunwoody to the Fulton/Forsyth within the study area and for trips with County line north of Alpharetta, a origins and destinations outside the FTA Procedures distance of approximately 15 miles. The study area. Transit and auto travel times At the end of the alternatives analysis corridor is home to many employment cannot be compared for east-west trips process, FTA and MARTA anticipate centers, including Perimeter Center in as there is no east-west transit service; identifying a preferred mode and the southern portion of the corridor, one • Economic development—Traffic corridor for further evaluation during of the largest employment centers for congestion caused by insufficient the NEPA process. The classification of the region. Transit service to and within transportation system capacity affects the NEPA documentation will be the study area is provided primarily by both personal travel and goods determined by the FTA at the end of the

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alternatives analysis. If the preferred Highway Traffic Safety Administration the diagrams were installed on the mode and alignment involve the (NHTSA), telephone (202) 366–5754, incorrect side of the child restraint’s potential for significant environmental facsimile (202) 366–7002. base. NHTSA agrees with DJG that the impacts an EIS may be required. If an Equipment Involved: Affected are subject child restraints contain the EIS is required, a Notice of Intent to approximately 89,527 of the following proper labels with the required Prepare an EIS will be published in the models of DJG child restraint systems installation diagrams. However, DJG Federal Register by FTA and the public that were manufactured between July voluntarily provided additional and interested agencies will have the 20, 2010 and May 18, 2011: information on the labels intended to opportunity to participate in a review 22187ANL Alpha Omega Elite assist installation by adding pointing and comment period on the scope of the 22187REM Alpha Omega Elite arrows to the belt path appropriate for EIS. 22187REMA Alpha Omega Elite that configuration. NHTSA believes that the diagrams Issued on: August 23, 2013. 22187SAR Alpha Omega Elite 22187SARA Alpha Omega Elite provided by DJG are compliant with Yvette G. Taylor, S5.5.2(l) but the pointing arrows are Regional Administrator. 22465FSM Alpha Omega Elite 22790CGT Deluxe 3 in 1 misplaced due to the incorrect [FR Doc. 2013–20996 Filed 8–27–13; 8:45 am] CC033BMT Alpha Omega Elite installation of the labels creating BILLING CODE 4910–57–P CC043ANK Alpha Omega Elite confusing and misleading information CC043ANL Alpha Omega Elite that is noncompliant with S5.5 of FMVSS No. 213. The incorrect direction CC043AQS Alpha Omega Elite DEPARTMENT OF TRANSPORTATION of the pointing arrows lends to possible CC046AAI Deluxe 3 in 1 confusion that the belts should be CC046AAU Deluxe 3 in 1 National Highway Traffic Safety routed through the forward-facing CC046CTA Deluxe 3 in 1 Administration routing path rather than through the CC046SNW Deluxe 3 in 1 [Docket No. NHTSA–2012–0002; Notice 2] correct routing path. CC046WPR Deluxe 3 in 1 DJG contends that the likelihood is Dorel Juvenile Group, Denial of CC050AJH Complete Air LX low that a consumer would interpret the Petition for Decision of CC050ANY Complete Air LX arrows as indicating the proper rear- Inconsequential Noncompliance CC050ANZ Complete Air LX facing path routing through the forward- CC050AOQ Complete Air LX facing path routing. It asserts that the AGENCY: National Highway Traffic CC051AIR Complete Air SE proper rear-facing vehicle belt/LATCH Safety Administration, DOT. Summary of DJG’S Analyses: DJG routing path is shown clearly in the five ACTION: Denial of petition. described the noncompliance as diagrams on the two base labels. follows: DJG also argues that instructions SUMMARY: Dorel Juvenile Group, Inc. The child restraint systems at issue included with the subject child restraint (DJG) has determined that certain child utilize a permanently attached base systems also correctly depict the rear- restraint systems manufactured between which is equipped with color facing vehicle belt/LATCH routing path July 20, 2010 and May 18, 2011 do not coordinated Ease of Use labels including numerous times. fully comply with paragraph S5.5.2(l) of base labels depicting the rear-facing DJG noted that it has received only Federal Motor Vehicle Safety Standard mode instructions. Certain restraints one user complaint related to this issue. (FMVSS) No. 213, Child Restraint were equipped with base labels DJG also included the results of a survey Systems (49 CFR 571.213). DJG has filed positioned on the incorrect side of the conducted to illustrate any effects the an appropriate report pursuant to 49 base. Although nearly all the noncompliance may have on seat CFR Part 573, Defect and information is correct, the small installation. Noncompliance Responsibility and indicator arrows do not line up with the DJG contends that the technical Reports, dated July 19, 2011. rear-facing vehicle and LATCH belt path noncompliance issue reported in the Pursuant to 49 U.S.C. 30118(d) and for the rear-facing mode. As noted in the June 23, 2011, Noncompliance 30120(h) (see implementing rule at 49 Noncompliance Information Report, this Information Report does not constitute a CFR part 556), DJG has petitioned for an voluntarily supplied information caused safety related issue because there is no exemption from the notification and the installation diagram required by evidence that improper installation is remedy requirements of 49 U.S.C. FMVSS No. 213 S5.5.2(l) to be actually taking place in the field (as Chapter 301 on the basis that this inaccurate. evidenced by the lack of significant noncompliance is inconsequential to A noncompliance exists when the complaints from consumers, advocates, motor vehicle safety. Notice of receipt of base labels are installed incorrectly and health care specialists or anyone else). the petition was published, with a 30- the indicator arrows do not point to the DJG also states that the preponderance day comment period, on January 19, rear-facing vehicle belt/LATCH routing of correct rear-facing installation 2012 in the Federal Register (77 FR path. In this case, the arrows are diagrams and instructions appears to 2776). NHTSA received one comment actually pointing to the area below the outweigh the potential for improper from Consumers Union (CU). forward-facing vehicle belt/LATCH path installation as a result of the ambiguous To view the petition, the comment, routing but could be construed as arrows on the rear-facing installation and all supporting documents log onto pointing to the forward-facing routing labels on the base. DJG also indicated the Federal Docket Management System path. that there appears to be a low (FDMS) Web site at: http://www. DJG states that the subject child probability that improper installation is regulations.gov/. Then follow the online restraints contain the label information even possible in the vast majority of search instructions to locate docket required by S5.5.2(l). DJG asserts that vehicles surveyed, which represent a number ‘‘NHTSA–2012–0002.’’ the voluntarily supplied information cross section of vehicles in the field. CONTACT INFORMATION: For further consisting of pointing arrows caused the In summation, DJG asserts that the information on this decision, contact installation diagrams required by described noncompliance of its child Mr. Zachary R. Fraser, Office of Vehicle FMVSS No. 213 S5.5.2(l) to be restraints is inconsequential to motor Safety Compliance, the National inaccurate when the labels containing vehicle safety, and that its petition to

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exempt from providing recall In reaching our decision, NHTSA to confusion by the consumer and notification of noncompliance as carefully reviewed the subject petition increase the likelihood that the required by 49 U.S.C. 30118 and and CU’s comments. NHTSA does not restraints will be installed improperly or remedying the recall noncompliance as agree with DJG that the preponderance not at all. required by 49 U.S.C. 30120 should be of correct rear-facing installation CU reported that it tested an Alpha granted. diagrams and instructions appears to Omega Elite model which is one of the NHTSA’S Analysis of DJG’S outweigh the potential for improper DJG models included in this petition. Reasoning: To answer this petition, the installation resulting from the Based on CU observations, the rear- pertinent regulations in question are: misplaced arrows. NHTSA believes that facing belt path on the Alpha Omega FMVSS No. 213 S5.5.2 (l) requires: consumers will likely look first at Elite is not visible from the top or the (l) An installation diagram showing the diagrams on the child restraint for side of the restraint. Therefore without child restraint system installed in: guidance on correct installation, and not a label clearly indicating its location, (1) A seating position equipped with a from written instructions, particularly the rear-facing belt path could be continuous-loop lap/shoulder belt; for re-installations, i.e., removing the hidden from the consumer. In this case, (2) A seating position equipped with only restraint from one vehicle and putting it with the affected label pointing toward a lap belt, as specified in the manufacturer’s in another vehicle. The pointing arrows instructions; and the forward-facing belt path, a consumer (3) A seating position equipped with a on the label will likely be the first place may assume that the rear-facing and child restraint anchorage system. a consumer will look for guidance on forward-facing belt paths are the same, choosing the proper belt routing path. leading to an improper installation of The purpose for S5.5.2 (l) is to S5.5 of FMVSS No. 213 specifically provide consumers with an installation the restraint. addresses that additional information NHTSA Decision: In consideration of diagram depicting the proper may not confuse or mislead the user. If installation of a child restraint using the the foregoing, NHTSA has decided that a user is reading the labels for guidance the petitioner has not met its burden of attachment methods (lap/shoulder belt, on how to properly install the restraint, lap belt only, and anchorage system) persuasion that the noncompliance the directional arrows pointed in the described is inconsequential to motor available in vehicles. wrong direction clearly may present a FMVSS No. 213 S5.5 states: vehicle safety. Accordingly, DJG’s confusing picture that could lead to petition is hereby denied, and the Labeling. Any labels or written instructions improper installation and/or nonuse. petitioner must notify owners, provided in addition to those required by this NHTSA believes that the lone section shall not obscure or confuse the purchasers and dealers pursuant to 49 complaint reported by DJG does not U.S.C. 30118 and provide a remedy in meaning of the required information or be necessarily mean that consumers are otherwise misleading to the consumer * * * accordance with 49 U.S.C. 30120. installing the restraint properly. Users The purpose of S5.5 is to prevent may be installing the restraint Authority: (49 U.S.C. 30118, 30120: additional information from confusing improperly without realizing it, and delegations of authority at 49 CFR 1.95 and 501.8) or misleading the consumer, resulting in these cases therefore would not be misuse of the child restraint and/or non- reported. Issued on: August 22, 2013. use. NHTSA reviewed its Vehicle Owner Nancy Lummen Lewis, The only complaint received by DJG Questionnaire (VOQ) data and Associate Administrator for Enforcement. was submitted by a Child Passenger uncovered one VOQ, dated May 2011, [FR Doc. 2013–20960 Filed 8–27–13; 8:45 am] Safety Technician, on behalf of a which highlighted installation problems BILLING CODE 4910–59–P consumer, over concerns that the labels with the same child restraint device were put on incorrectly and the arrows when the owner attempted to follow pointed to the solid plastic and not the instructions provided on the attached DEPARTMENT OF TRANSPORTATION rear-facing belt path. label. DJG conducted a survey to NHTSA understands that the results Pipeline and Hazardous Materials demonstrate any effects the of DJG’s survey of vehicles shows a low Safety Administration noncompliance may have on seat percentage of vehicles surveyed that [Docket No. PHMSA–2013–0185] installation. DJG installed a Complete allow an improper installation because Air LX model, which represents the of the relative short length webbing for Pipeline Safety: Notice to Operators of Alpha Elite model as well, in 26 either the lower anchorage belt or the Hazardous Liquid and Natural Gas vehicles in rear-facing mode using both vehicle seat belt. However we believe Pipelines of a Recall on Leak Repair the vehicle belts and lower anchorage that the survey is limited by the Clamps Due to Defective Seal belts. According to DJG, the 26 vehicles relatively small number of vehicles represented a cross-section of vehicles surveyed compared to the entire vehicle AGENCY: Pipeline and Hazardous on the road. The vehicle belts and lower fleet and the use of only two DJG Materials Safety Administration anchorage belts were routed through the models. (PHMSA), DOT. forward-facing belt path of the Complete NHTSA believes that the misplaced ACTION: Notice; Issuance of Advisory Air LX. DJG reported that in none of the labels result in a confusion of the Bulletin. 26 vehicles was it possible to route the meaning of the required information lower anchorage belts through the (diagram showing correct installation in SUMMARY: PHMSA is issuing an forward-facing belt path and secure the the rear-facing configuration) and thus Advisory Bulletin to alert all pipeline lower anchorages to the vehicle anchor the potential for mis-installation or operators of a T.D. Williamson, Inc. bars due to the lower anchorage belts perhaps non-use of the restraint. (TDW) Leak Repair Clamp (LRC) recall being too short to allow this improper NHTSA’S Response to Consumer issued by TDW on June 17, 2013. The installation. In 5 of the 26 evaluated Union Comments: In its comment to the recall covers all TDW LRCs of any vehicles, the vehicle belt allowed for docket, CU disagrees with DJG’s pressure class and any size. The LRCs this improper installation with a assessment that the noncompliance is may develop a dangerous leak due to a coupling of the vehicle belt and vehicle inconsequential to safety because the defective seal. Hazardous liquid and buckle. incorrectly installed diagrams will lead natural gas pipeline operators should

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verify if they have any TDW LRCs customers to stop using its existing ACTION: Notice. subject to the recall by reviewing their TDW LRCs and contact TDW records and equipment for installation immediately. SUMMARY: The U.S. Department of the of these LRCs. Operators with TDW TDW has assigned personnel to Treasury’s Office of Foreign Assets LRCs should discontinue use follow-up and communicate directly Control (‘‘OFAC’’) is publishing the immediately and contact TDW for with customers on the recall process names of five individuals whose further recall instructions. Operators and progress. TDW has established a property and interests in property have can obtain recall information through Web site which offers three replacement been blocked pursuant to the Foreign TDW’s Web site at http:// options to customers to register for Narcotics Kingpin Designation Act lrc.tdwilliamson.com/ or by calling repair, obtain credit, or request a refund (‘‘Kingpin Act’’) (21 U.S.C. 1901–1908, TDW at 888–770–7085. for the LRC. TDW has designated 8 U.S.C. 1182). Additionally, OFAC is customer service personnel for each publishing additions to the identifying ADDRESSES: This document can be information for seven entities viewed on the PHMSA home page at: region on a global basis to assist with the recall process. previously designated pursuant to the http://www.phmsa.dot.gov. Kingpin Act. FOR FURTHER INFORMATION CONTACT: Ken II. Advisory Bulletin (ADB–2013–04) DATES: The designation by the Director Lee by phone at 202–366–2694 or by To: Owners and Operators of of OFAC of the five individuals email at [email protected]. Hazardous Liquid and Natural Gas identified in this notice pursuant to SUPPLEMENTARY INFORMATION: Pipeline Systems. section 805(b) of the Kingpin Act is I. Background Subject: Notice to Operators of effective on August 22, 2013. Natural Gas and Hazardous Liquid FOR FURTHER INFORMATION CONTACT: On July 17, 2013, TDW issued a recall Pipelines of a Recall on Leak Repair Assistant Director, Sanctions of its LRCs. The recall covers any TDW Clamps Due to Defective Seal. Compliance & Evaluation, Office of LRC of any pressure class or any size. Advisory: PHMSA is informing all Foreign Assets Control, U.S. Department The TDW LRC is a hinged split sleeve pipeline operators that TDW has of the Treasury, Washington, DC 20220, that is designed to fit around the deemed its LRCs defective due to the Tel: (202) 622–2490. damaged area of the affected pipe and seal contained in every clamp not SUPPLEMENTARY INFORMATION: provide a sealing barrier to arrest maintaining adequate pressure causing leaking product. The seal is activated the clamp to fail. TDW has determined Electronic and Facsimile Availability when applied pressure from bolts that failure of this clamp may cause a This document and additional causes the internal seal to encapsulate leak that could cause a fire or explosion information concerning OFAC are the leak. TDW specifies that this clamp resulting in injury or death. TDW asks available on OFAC’s Web site at provides temporary repair only when it all of its customers to stop using the http://www.treasury.gov/ofac or via is bolted closed. TDW designates the LRC immediately and return it to TDW facsimile through a 24-hour fax-on- LRC as a permanent repair when it is and follow up with TDW’s recall demand service at (202) 622–0077. welded shut; this is analogous to a full procedures for the LRC. Background encirclement welded split sleeve with PHMSA advises hazardous liquid and welded ends (e.g., B-Type Sleeve). The natural gas pipeline operators to take The Kingpin Act became law on LRC may leak when it is installed in the the following measures: December 3, 1999. The Kingpin Act bolted-closed position. According to • Verify records to determine if a establishes a program targeting the TDW, when the LRC is completely TDW LRC is installed. activities of significant foreign narcotics welded shut the defective seal is • Stop using the TDW LRC traffickers and their organizations on a encapsulated and no leakage is immediately. worldwide basis. It provides a statutory expected. • Contact TDW and follow up with its framework for the imposition of The LRCs subject to the recall were recall process. sanctions against significant foreign manufactured for TDW from September • TDW Web site: http:// narcotics traffickers and their 2002 through August 2012 to the lrc.tdwilliamson.com/. organizations on a worldwide basis, specifications of API 6H ‘‘Specification • TDW phone number: 888–770– with the objective of denying their on End Closures, Connectors, and 7085. businesses and agents access to the U.S. Swivels.’’ Ranging in size from two- Authority: 49 U.S.C. chapter 601; 49 CFR financial system and the benefits of inches to 48-inches, the LRCs are 1.53. trade and transactions involving U.S. designed for pressure classes of 150, companies and individuals. Issued in Washington, DC, on August 22, The Kingpin Act blocks all property 300, 400, 600 and 900 in accordance 2013. with ASME/ANSI B16.5 Pipe Flanges and interests in property, subject to U.S. Alan K. Mayberry, and Flanged Fittings. These LRCs were jurisdiction, owned or controlled by manufactured for use on hazardous Deputy Associate Administrator for Policy significant foreign narcotics traffickers and Programs. liquid and natural gas pipelines. as identified by the President. In TDW investigated an installed LRC, [FR Doc. 2013–20910 Filed 8–27–13; 8:45 am] addition, the Secretary of the Treasury, which indicated leakage, and BILLING CODE 4910–60–P in consultation with the Attorney determined that the manufactured seal General, the Director of the Central was defective and could potentially be Intelligence Agency, the Director of the dangerous to public safety. DEPARTMENT OF THE TREASURY Federal Bureau of Investigation, the Subsequently due to this investigation, Administrator of the Drug Enforcement TDW conducted a study through an Office of Foreign Assets Control Administration, the Secretary of independent laboratory to identify the Additional Designations, Foreign Defense, the Secretary of State, and the failure mechanism, determine repair Narcotics Kingpin Designation Act Secretary of Homeland Security may options, and evaluate the fitness of all designate and block the property and existing LRCs. TDW concluded that a AGENCY: Office of Foreign Assets interests in property, subject to U.S. recall was necessary and urges all of its Control, Treasury. jurisdiction, of persons who are found

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to be: (1) Materially assisting in, or C.V.; Linked To: GASOLINERA Mexico; R.F.C. GSA–100223–M92 providing financial or technological ALAMOS COUNTRY, S.A. DE C.V.; (Mexico) [SDNTK]. support for or to, or providing goods or Linked To: GASOLINERA Y 4. GASOLINERA ALAMOS COUNTRY, services in support of, the international SERVICIOS VILLABONITA, S.A. S.A. DE C.V., Blvd. Pedro Infante narcotics trafficking activities of a DE C.V.; Linked To: No. 3050, Col. Recursos person designated pursuant to the PETROBARRANCOS, S.A. DE C.V.; Hidraulicos, Culiacan, Sinaloa C.P. Kingpin Act; (2) owned, controlled, or Linked To: SERVICIOS 80100, Mexico; R.F.C. GAC– directed by, or acting for or on behalf of, CHULAVISTA, S.A. DE C.V.). 100224–GDA (Mexico) [SDNTK]. a person designated pursuant to the 4. VALENZUELA VALENZUELA, 5. GASOLINERA Y SERVICIOS Kingpin Act; or (3) playing a significant Vanessa (a.k.a. DE CORTEZ, VILLABONITA, S.A. DE C.V., Av. role in international narcotics Vanessa); DOB 16 Nov 1985; POB Alvaro Obregon No. 6040, Col. Villa trafficking. Culiacan, Sinaloa, Mexico; C.U.R.P. Bonita, Culiacan, Sinaloa C.P. On August 22, 2013, the Director of VAVV851116MSLLLN05 (Mexico) 80000, Mexico; R.F.C. GSV– OFAC designated the following five (individual) [SDNTK] (Linked To: 100224–773 (Mexico) [SDNTK]. individuals whose property and BUENOS AIRES SERVICIOS, S.A. 6. PETROBARRANCOS, S.A. DE C.V., interests in property are blocked DE C.V.; Linked To: ESTACIONES Av. Benjamin Hill No. 5602, Col. pursuant to section 805(b) of the DE SERVICIOS CANARIAS, S.A. Industrial el Palmito, Culiacan, Kingpin Act. DE C.V.; Linked To: GASODIESEL Sinaloa C.P. 80160, Mexico; R.F.C. 1. PARRA SANCHEZ, Mario; DOB 11 Y SERVICIOS ANCONA, S.A. DE PET–990309–G64 (Mexico) Nov 1970; POB Culiacan, Sinaloa, C.V.; Linked To: GASOLINERA [SDNTK]. Mexico; C.U.R.P. ALAMOS COUNTRY, S.A. DE C.V.; 7. SERVICIOS CHULAVISTA, S.A. DE PASM701111HSLRNR07 (Mexico) Linked To: GASOLINERA Y C.V., Blvd. Las Torres No. 2622 Pte., (individual) [SDNTK] (Linked To: SERVICIOS VILLABONITA, S.A. Fracc. Prados del Sol, Culiacan, BUENOS AIRES SERVICIOS, S.A. DE C.V.; Linked To: Sinaloa C.P. 80197, Mexico; DE C.V.; Linked To: ESTACIONES PETROBARRANCOS, S.A. DE C.V.). Calzada Las Torres S/N, Col. Prados DE SERVICIOS CANARIAS, S.A. 5. VILLEGAS LOERA, Juan Carlos, Calle del Sol Etapa 1, Culiacan, Sinaloa, DE C.V.; Linked To: GASODIESEL Golfo de California No. 1635, Mexico; R.F.C. SCU–070904–T25 Y SERVICIOS ANCONA, S.A. DE Colonia Nuevo Culiacan, Culiacan, (Mexico) [SDNTK]. C.V.; Linked To: GASOLINERA Sinaloa, Mexico; DOB 11 Apr 1958; The listings for these seven entities ALAMOS COUNTRY, S.A. DE C.V.; POB Culiacan, Sinaloa, Mexico; now appear as follows: Linked To: GASOLINERA Y C.U.R.P. VILJ580411HSLLRN09 1. BUENOS AIRES SERVICIOS, S.A. DE SERVICIOS VILLABONITA, S.A. (Mexico) (individual) [SDNTK] C.V. (n.k.a. GASOLINERA DE C.V.; Linked To: (Linked To: BUENOS AIRES MULTILOMAS, S.A. DE C.V.), PETROBARRANCOS, S.A. DE C.V.; SERVICIOS, S.A. DE C.V.; Linked Blvd. Guillermo Batiz Paredes No. Linked To: SERVICIOS To: ESTACIONES DE SERVICIOS 1100, Col. Buenos Aires, Culiacan, CHULAVISTA, S.A. DE C.V.). CANARIAS, S.A. DE C.V.; Linked Sinaloa C.P. 80199, Mexico; R.F.C. 2. SOLIS AVILES, Angello de Jesus, To: GASODIESEL Y SERVICIOS BAS–960417–PY6 (Mexico) Calle Camino Los Lagos No. 4070– ANCONA, S.A. DE C.V.; Linked To: [SDNTK]. A, Fraccionamiento Centenario, GASOLINERA ALAMOS 2. ESTACIONES DE SERVICIOS Culiacan, Sinaloa, Mexico; DOB 23 COUNTRY, S.A. DE C.V.; Linked CANARIAS, S.A. DE C.V. (n.k.a. Oct 1985; POB Escuinapa, Sinaloa, To: GASOLINERA Y SERVICIOS COMBUSERVICIOS LOS TRES Mexico; alt. POB Culiacan, Sinaloa, VILLABONITA, S.A. DE C.V.; RIOS, S.A. DE C.V.), Blvd. Enrique Mexico; C.U.R.P. Linked To: PETROBARRANCOS, Felix Castro No. 1029, Col. SOAA851023HSLLVN00 (Mexico) S.A. DE C.V.; Linked To: Desarrollo Urbano Tres Rios, (individual) [SDNTK] (Linked To: SERVICIOS CHULAVISTA, S.A. DE Culiacan, Sinaloa C.P. 80020, BUENOS AIRES SERVICIOS, S.A. C.V.). Mexico; R.F.C. ESC–100224–2J9 DE C.V.; Linked To: ESTACIONES Additionally, OFAC is publishing (Mexico) [SDNTK]. DE SERVICIOS CANARIAS, S.A. additions to the identifying information 3. GASODIESEL Y SERVICIOS DE C.V.; Linked To: GASODIESEL for the following seven entities ANCONA, S.A. DE C.V. (n.k.a. Y SERVICIOS ANCONA, S.A. DE previously designated pursuant to the GASOLINERA LA CANADA, S.A. C.V.; Linked To: GASOLINERA Kingpin Act. DE C.V.), Manuel J. Clouthier No. ALAMOS COUNTRY, S.A. DE C.V.; 1. BUENOS AIRES SERVICIOS, S.A. DE 1800, Col. Libertad, Culiacan, Linked To: GASOLINERA Y C.V., Blvd. Guillermo Batiz Paredes Sinaloa C.P.80180, Mexico; R.F.C. SERVICIOS VILLABONITA, S.A. No. 1100, Col. Buenos Aires, GSA–100223–M92 (Mexico) DE C.V.; Linked To: Culiacan, Sinaloa C.P. 80199, [SDNTK]. PETROBARRANCOS, S.A. DE C.V.; Mexico; R.F.C. BAS–960417–PY6 4. GASOLINERA ALAMOS COUNTRY, Linked To: SERVICIOS (Mexico) [SDNTK]. S.A. DE C.V. (n.k.a. GASOLINERA CHULAVISTA, S.A. DE C.V.). 2. ESTACIONES DE SERVICIOS RECURSOS HIDRAULICOS, S.A. 3. VALDEZ RODRIGUEZ, Manuel CANARIAS, S.A. DE C.V., Blvd. DE C.V.), Blvd. Pedro Infante No. Arturo; DOB 15 Dec 1985; POB Enrique Felix Castro No. 1029, Col. 3050, Col. Recursos Hidraulicos, Culiacan, Sinaloa, Mexico; C.U.R.P. Desarrollo Urbano Tres Rios, Culiacan, Sinaloa C.P. 80100, VARM851215HSLLDN09 (Mexico) Culiacan, Sinaloa C.P. 80020, Mexico; R.F.C. GAC–100224–GDA (individual) [SDNTK] (Linked To: Mexico; R.F.C. ESC–100224–2J9 (Mexico) [SDNTK]. BUENOS AIRES SERVICIOS, S.A. (Mexico) [SDNTK]. 5. GASOLINERA Y SERVICIOS DE C.V.; Linked To: ESTACIONES 3. GASODIESEL Y SERVICIOS VILLABONITA, S.A. DE C.V. (n.k.a. DE SERVICIOS CANARIAS, S.A. ANCONA, S.A. DE C.V., Manuel J. GASOLINERAS LA VILLA, S.A. DE DE C.V.; Linked To: GASODIESEL Clouthier No. 1800, Col. Libertad, C.V.), Av. Alvaro Obregon No. 6040, Y SERVICIOS ANCONA, S.A. DE Culiacan, Sinaloa C.P.80180, Col. Villa Bonita, Culiacan, Sinaloa

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C.P. 80000, Mexico; R.F.C. GSV– available from OFAC’s Web site Security and Justice, to assist in, 100224–773 (Mexico) [SDNTK]. (www.treas.gov/ofac) or via facsimile sponsor, or provide financial, material, 6. PETROBARRANCOS, S.A. DE C.V. through a 24-hour fax-on-demand or technological support for, or financial (n.k.a. SERVICIOS Y service, tel.: 202/622–0077. or other services to or in support of, GASOLINERAS BARRANCOS, S.A. Background such acts of terrorism or those persons DE C.V.), Av. Benjamin Hill No. listed in the Annex to the Order or On September 23, 2001, the President 5602, Col. Industrial el Palmito, determined to be subject to the Order or issued Executive Order 13224 (the Culiacan, Sinaloa C.P. 80160, to be otherwise associated with those Mexico; R.F.C. PET–990309–G64 ‘‘Order’’) pursuant to the International Emergency Economic Powers Act, 50 persons listed in the Annex to the Order (Mexico) [SDNTK]. or those persons determined to be 7. SERVICIOS CHULAVISTA, S.A. DE U.S.C. 1701–1706, and the United C.V. (n.k.a. GASOLINERA EL Nations Participation Act of 1945, 22 subject to subsection 1(b), 1(c), or 1(d)(i) CRUCERO LAS TORRES, S.A. DE U.S.C. 287c. In the Order, the President of the Order. C.V.), Blvd. Las Torres No. 2622 declared a national emergency to On August 22, 2013 the Director of Pte., Fracc. Prados del Sol, address grave acts of terrorism and OFAC, in consultation with the Culiacan, Sinaloa C.P. 80197, threats of terrorism committed by Departments of State, Homeland Mexico; Calzada Las Torres S/N, foreign terrorists, including the Security, Justice and other relevant Col. Prados del Sol Etapa 1, September 11, 2001 terrorist attacks in agencies, designated, pursuant to one or Culiacan, Sinaloa, Mexico; R.F.C. New York, Pennsylvania, and at the more of the criteria set forth in SCU–070904–T25 (Mexico) Pentagon. The Order imposes economic subsections 1(b), 1(c) or 1(d) of the [SDNTK]. sanctions on persons who have Order, 4 individuals whose property committed, pose a significant risk of Dated: August 22, 2013. and interests in property are blocked committing, or support acts of terrorism. pursuant to Executive Order 13224. Barbara C. Hammerle, The President identified in the Annex to Acting Director, Office of Foreign Assets the Order, as amended by Executive The listings for these individuals on Control. Order 13268 of July 2, 2002, 13 OFAC’s list of Specially Designated [FR Doc. 2013–20983 Filed 8–27–13; 8:45 am] individuals and 16 entities as subject to Nationals and Blocked Persons appear BILLING CODE 4810–AL–P the economic sanctions. The Order was as follows: further amended by Executive Order 13284 of January 23, 2003, to reflect the Individuals DEPARTMENT OF THE TREASURY creation of the Department of Homeland 1. HARB, Khalil Yusif (a.k.a. AHMAD, Office of Foreign Assets Control Security. Section 1 of the Order blocks, with Sayyid; a.k.a. HARB, Hajj Ya’taqad Khalil; certain exceptions, all property and a.k.a. HARB, Khalil Yusuf; a.k.a. HARB, Designation of 4 Individuals Pursuant Mustafa Khalil; a.k.a. MUSTAFA, Abu); to Executive Order 13224 of September interests in property that are in or hereafter come within the United States DOB 09 Oct 1958 (individual) [SDGT]. 23, 2001, ‘‘Blocking Property and 2. MANSUR, Muhammad Yusuf Ahmad or the possession or control of United Prohibiting Transactions With Persons (a.k.a. HALAWI, Hani; a.k.a. MANSOUR, States persons, of: (1) Foreign persons Who Commit, Threaten To Commit, or Mohammad Yousef; a.k.a. MANSOUR, listed in the Annex to the Order; (2) Support Terrorism’’ Mohammad Youssef; a.k.a. MANSUR, foreign persons determined by the Mohammad Yusuf Ahmad; a.k.a. AGENCY: Office of Foreign Assets Secretary of State, in consultation with MANSUR, Muhammad Yusif Ahmad; a.k.a. Control, Treasury. the Secretary of the Treasury, the SHEHAB, Sami; a.k.a. SHIHAB, Sami Hani; ACTION: Secretary of the Department of Notice. a.k.a. ‘‘HILLAWI, Jamal Hani’’; a.k.a. Homeland Security and the Attorney ‘‘SAMI, Salem Bassem’’; a.k.a. ‘‘SHIHAB, SUMMARY: The Treasury Department’s General, to have committed, or to pose Office of Foreign Assets Control Muhammad Yusuf Mansur Sami’’), Beirut, a significant risk of committing, acts of Lebanon; DOB 14 Sep 1970; alt. DOB 01 (‘‘OFAC’’) is publishing the names of 4 terrorism that threaten the security of individuals whose property and Jan 1974; alt. DOB 1980; POB Bint Jubayl, U.S. nationals or the national security, Lebanon (individual) [SDGT]. interests in property are blocked foreign policy, or economy of the United pursuant to Executive Order 13224 of 3. QABALAN, Muhammad (a.k.a. QABLAN, States; (3) persons determined by the Muhammad; a.k.a. ‘‘AL–GHUL, Hassan’’), September 23, 2001, ‘‘Blocking Property Director of OFAC, in consultation with and Prohibiting Transactions With Southern Suburbs, Beirut, Lebanon; DOB the Departments of State, Homeland 1969; citizen Lebanon (individual) [SDGT]. Persons Who Commit, Threaten To Security and Justice, to be owned or Commit, or Support Terrorism.’’ 4. KAWTHARANI, Muhammad (a.k.a. AL– controlled by, or to act for or on behalf KAWTHARANI, Jafar; a.k.a. AL– DATES: The designations by the Director of those persons listed in the Annex to KAWTHARANI, Muhammad; a.k.a. of OFAC of the 4 individuals in this the Order or those persons determined KAWTARANI, Muhammad; a.k.a. notice, pursuant to Executive Order to be subject to subsection 1(b), 1(c), or KAWTHARANI, Mohammad); DOB 1945; 13224, are effective on August 22, 2013. 1(d)(i) of the Order; and (4) except as alt. DOB 1959; alt. DOB 1961; POB Najaf, FOR FURTHER INFORMATION CONTACT: provided in section 5 of the Order and Iraq; nationality Lebanon; alt. nationality Assistant Director, Compliance after such consultation, if any, with Iraq (individual) [SDGT]. Outreach & Implementation, Office of foreign authorities as the Secretary of Foreign Assets Control, Department of State, in consultation with the Secretary Dated: August 22, 2013. the Treasury, Washington, DC 20220, of the Treasury, the Secretary of the Barbara C. Hammerle, tel.: 202/622–2490. Department of Homeland Security and Acting Director, Office of Foreign Assets SUPPLEMENTARY INFORMATION: the Attorney General, deems Control. appropriate in the exercise of his [FR Doc. 2013–20982 Filed 8–27–13; 8:45 am] Electronic and Facsimile Availability discretion, persons determined by the This document and additional Director of OFAC, in consultation with BILLING CODE 4810–AL–P information concerning OFAC are the Departments of State, Homeland

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DEPARTMENT OF THE TREASURY Last minute agenda changes may FOR FURTHER INFORMATION CONTACT: preclude advance notice. Due to limited Crystal Rennie, Enterprise Records Internal Revenue Service seating and security requirements, Service (005R1B), Department of attendees must call Cynthia Phillips- Veterans Affairs, 810 Vermont Avenue Advisory Group to the Internal Grady to confirm their attendance. Ms. NW., Washington, DC 20420, (202) 632– Revenue Service Tax Exempt and Phillips-Grady can be reached at (202) 7492 or email [email protected]. Government Entities Division (TE/GE); 283–9954. Please refer to ‘‘OMB Control No. 2900– Meeting Attendees are encouraged to arrive at 0043’’. AGENCY: Internal Revenue Service (IRS), least 30 minutes before the meeting SUPPLEMENTARY INFORMATION: Treasury. begins to allow sufficient time for Title: Declaration of Status of security clearance. Photo identification ACTION: Notice. Dependents, VA Form 21–686c. must be presented. Please use the main OMB Control Number: 2900–0043. SUMMARY: The Advisory Committee on entrance at 1111 Constitution Ave. NW., Type of Review: Revision of a Tax Exempt and Government Entities to enter the building. Should you wish currently approved collection. (ACT) will hold a public meeting on the ACT to consider a written statement, Abstract: The form is used to obtain Thursday, September 12, 2013. please call (202) 283–9742, or write to: information to confirm marital status Internal Revenue Service; 1111 FOR FURTHER INFORMATION, CONTACT: and existence of any dependent Constitution Ave. NW.; SE:T:CL—NCA– Mark Kirbabas, Acting Designated child(ren). The information is used by 679; Washington, DC 20224, or email Federal Officer, TE/GE Communications VA to determine eligibility and rate of [email protected]. and Liaison; 1111 Constitution Ave. payment for veterans and surviving NW.; SE:T:CL—NCA 679; Washington, Dated: August 22, 2013. spouses who may be entitled to an DC 20224. Telephone: 202–283–9742 Mark J. Kirbabas, additional allowance for dependents. An agency may not conduct or (not a toll-free number). Email address: Acting Designated Federal Officer, Tax [email protected]. Exempt and Government Entities Division. sponsor, and a person is not required to respond to a collection of information [FR Doc. 2013–20951 Filed 8–27–13; 8:45 am] SUPPLEMENTARY INFORMATION: By notice unless it displays a currently valid OMB herein given, pursuant to section BILLING CODE 4830–01–P control number. The Federal Register 10(a)(2) of the Federal Advisory Notice with a 60-day comment period Committee Act, 5 U.S.C. App. (1988), a soliciting comments on this collection public meeting of the ACT will be held DEPARTMENT OF VETERANS of information was published on on Thursday, September 12, 2013, from AFFAIRS February 13, 2013, at page 10266. 9:30 a.m. to 11:30 a.m., at the Internal [OMB Control No. 2900–0043] Affected Public: Individuals or Revenue Service; 1111 Constitution households. Ave. NW.; Room 3313; Washington, DC. Agency Information Collection Estimated Annual Burden: 56,500 Issues to be discussed relate to hours. Employee Plans, Exempt Organizations, (Declaration of Status of Dependents) Activity Under OMB Review Estimated Average Burden per and Government Entities. Respondent: 15 minutes. Reports from five ACT subgroups AGENCY: Veterans Benefits Frequency of Response: On occasion. cover the following topics: Administration, Department of Veterans Estimated Number of Respondents: Employee Plans Affairs 226,000. ACTION: Notice. • Analysis and Recommendations Dated: August 23, 2013. By direction of the Secretary. Regarding the Employee Plans SUMMARY: In compliance with the Compliance Resolution System (EPCRS) Paperwork Reduction Act (PRA) of 1995 Crystal Rennie, VA Clearance Officer, U.S. Department of Exempt Organizations (44 U.S.C. 3501–3521), this notice announces that the Veterans Benefits Veterans Affairs. • Leveraging Limited IRS Resources Administration (VBA), Department of [FR Doc. 2013–21007 Filed 8–27–13; 8:45 am] in the Tax Administration of Small Tax- Veterans Affairs, will submit the BILLING CODE 8320–01–P Exempt Organizations collection of information abstracted below to the Office of Management and Federal, State and Local Governments DEPARTMENT OF VETERANS • Budget (OMB) for review and comment. Leveraging Internal Controls of The PRA submission describes the AFFAIRS State and Local Governments to nature of the information collection and [OMB Control No. 2900–0559] Improve Tax Compliance • its expected cost and burden; it includes Government Levy Processing the actual data collection instrument. Agency Information Collection Improvements DATES: Comments must be submitted on Activities Under OMB Review Indian Tribal Governments or before September 27, 2013. AGENCY: National Cemetery • Supplemental Report on the ADDRESSES: Submit written comments Administration, Department of Veterans General Welfare Doctrine as Applied to on the collection of information through Affairs. Indian Tribal Governments and Their www.Regulations.gov, or to Office of ACTION: Notice. Members Information and Regulatory Affairs, Office of Management and Budget, Attn: SUMMARY: In compliance with the Tax Exempt Bonds VA Desk Officer; 725 17th St. NW., Paperwork Reduction Act (PRA) of 1995 • A Roadmap To Arbitrage Washington, DC 20503 or sent through (44 U.S.C. 3501–21), this notice Requirements For Tax-Exempt electronic mail to oira_submission@ announces that the National Cemetery Governmental Bonds and Qualified omb.eop.gov. Please refer to ‘‘OMB Administration (NCA), Department of Section 501(c)(3) Bonds of Smaller Control No. 2900–0043’’ in any Veterans Affairs, has submitted the Issuers and Conduit Borrowers correspondence. collection of information abstracted

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below to the Office of Management and DEPARTMENT OF VETERANS information; (3) ways to enhance the Budget (OMB) for review and comment. AFFAIRS quality, utility, and clarity of the The PRA submission describes the information to be collected; and (4) [OMB Control No. 2900–0764] nature of the information collection and ways to minimize the burden of the its expected cost and burden; it includes Proposed Information Collection collection of information on the actual data collection instrument. (Dental Patient Satisfaction Survey) respondents, including through the use DATES: Comments must be submitted on Activity: Comment Request of automated collection techniques or or before September 27, 2013. the use of other forms of information AGENCY: Veterans Health ADDRESSES: Submit written comments technology. Administration, Department of Veterans Titles: Survey of Healthcare on the collection of information through Affairs. Experiences, Dental Patient Satisfaction www.Regulations.gov, or to Office of Survey, VA Form 10–10070. Information and Regulatory Affairs, ACTION: Notice. OMB Control Number: 2900–0764. Office of Management and Budget, Attn: SUMMARY: The Veterans Health Type of Review: Revision of a VA Desk Officer; 725 17th St. NW., Administration (VHA), Department of currently approved collection. Washington, DC 20503 or sent through Veterans Affairs (VA), is announcing an Abstract: VA Form 10–10070 will be _ electronic mail to oira submission@ opportunity for public comment on the used to systematically obtain omb.eop.gov. Please refer to ‘‘OMB proposed collection of certain information from patients that can be Control No. 2900–0559’’ in any information by the agency. Under the used to identify problems or complaints correspondence. Paperwork Reduction Act (PRA) of that need attention and to improve the For Further Information or a Copy of 1995, Federal agencies are required to quality of dental health care services the Submission Contact: Crystal Rennie, publish notice in the Federal Register delivered to Veterans. The goal of the Records Management Service (005R1B), concerning each proposed collection of Veterans Health Administration (VHA) Department of Veterans Affairs, 810 information, including each revised is to provide high quality medical and Vermont Avenue NW., Washington, DC collection, and allow 60 days for public dental care to eligible Veterans. 20420, (202) 632–7492 or email: comment in response to the notice. This Affected Public: Individuals or [email protected]. Please refer to notice solicits comments for information households. ‘‘OMB Control No. 2900–0559’’. needed to measure patient satisfaction Estimated Annual Burden: 36,585 SUPPLEMENTARY INFORMATION: with VA’s dental services. burden hours. Title: State Cemetery Data, VA Form DATES: Written comments and Estimated Average Burden per 40–0241. recommendations on the proposed Respondent: 15 minutes. OMB Control Number: 2900–0559. Frequency of Response: On occasion. collection of information should be Estimated Number of Respondents: Type of Review: Revision of a received on or before October 28, 2013. currently approved collection. 9,146. ADDRESSES: Submit written comments Abstract: VA Form 40–0241 is used to on the collection of information through Dated: August 23, 2013. provide data regarding number of Federal Docket Management System By direction of the Secretary. interments conducted at State veterans’ (FDMS) at www.Regulations.gov; or to Crystal Rennie, cemeteries each year. The State Cynthia Harvey-Pryor, Veterans Health VA Clearance Officer, U.S. Department of Cemetery Grants Services use the data Administration (10B4), Department of Veterans Affairs. collected to project the need for Veterans Affairs, 810 Vermont Avenue [FR Doc. 2013–20990 Filed 8–27–13; 8:45 am] additional burial space and to NW., Washington, DC 20420; or email: BILLING CODE 8320–01–P demonstrate to the States (especially [email protected]. Please those without State veterans’ refer to ‘‘OMB Control No. 2900–0764 cemeteries) the viability of the program. (Dental Patient Satisfaction Survey)’’ in DEPARTMENT OF VETERANS An agency may not conduct or any correspondence. During the AFFAIRS sponsor, and a person is not required to comment period, comments may be respond to a collection of information [OMB Control No. 2900–0249] viewed online through the FDMS. unless it displays a currently valid OMB Agency Information Collection (Loan control number. The Federal Register FOR FURTHER INFORMATION CONTACT: Cynthia Harvey-Pryor at (202) 461–5870 Service Report) Activity Under OMB Notice with a 60-day comment period Review soliciting comments on this collection or fax (202) 495–5397. of information was published on June 5, SUPPLEMENTARY INFORMATION: Under the AGENCY: Veterans Benefits 2013, at page 33894. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Administration, Department of Veterans Affected Public: Federal Government, 3501–3521), Federal agencies must Affairs. and State, Local or Tribal Government. obtain approval from the Office of ACTION: Notice. Estimated Annual Burden: 12,959. Management and Budget (OMB) for each Estimated Average Burden per collection of information they conduct SUMMARY: In compliance with the Respondent: 60 minutes. or sponsor. This request for comment is Paperwork Reduction Act (PRA) of 1995 Frequency of Response: Annually. being made pursuant to Section (44 U.S.C. 3501–3521), this notice Estimated Number of Respondents: 3506(c)(2)(A) of the PRA. announces that the Veterans Benefits 361. With respect to the following Administration (VBA), Department of collection of information, VHA invites Veterans Affairs, will submit the Dated: August 23, 2013. comments on: (1) Whether the proposed collection of information abstracted By direction of the Secretary. collection of information is necessary below to the Office of Management and Crystal Rennie, for the proper performance of VHA’s Budget (OMB) for review and comment. VA Clearance Officer, U.S. Department of functions, including whether the The PRA submission describes the Veterans Affairs. information will have practical utility; nature of the information collection and [FR Doc. 2013–20988 Filed 8–27–13; 8:45 am] (2) the accuracy of VHA’s estimate of its expected cost and burden; it includes BILLING CODE 8320–01–P the burden of the proposed collection of the actual data collection instrument.

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DATES: Comments must be submitted on DEPARTMENT OF VETERANS of information was published on May or before September 27, 2013. AFFAIRS 20, 2013, at page 29434. Affected Public: Individuals or ADDRESSES: Submit written comments [OMB Control No. 2900–0046] on the collection of information through households. www.Regulations.gov, or to Office of Agency Information Collection Estimated Annual Burden: 78 hours. Information and Regulatory Affairs, (Statement of Heirs for Payment of Estimated Average Burden per Office of Management and Budget, Attn: Credits Due Estate of Deceased Respondent: 15 minutes. VA Desk Officer; 725 17th St. NW., Veteran) Activities Under OMB Review Frequency of Response: On occasion. Washington, DC 20503 or sent through Estimated Number of Respondents: electronic mail to oira_submission@ AGENCY: Veterans Benefits 312. omb.eop.gov. Please refer to ‘‘OMB Administration, Department of Veterans Dated: August 22, 2013. Affairs. Control No. 2900–0249’’ in any By direction of the Secretary. ACTION: correspondence. Notice. Crystal Rennie, FOR FURTHER INFORMATION CONTACT: SUMMARY: In compliance with the VA Clearance Officer, U.S. Department of Crystal Rennie, Enterprise Records Paperwork Reduction Act (PRA) of 1995 Veterans Affairs. Service (005R1B), Department of (44 U.S.C. 3501–3521), this notice [FR Doc. 2013–20902 Filed 8–27–13; 8:45 am] Veterans Affairs, 810 Vermont Avenue announces that the Veterans Benefits BILLING CODE 8320–01–P NW., Washington, DC 20420, (202) 632– Administration, Department of Veterans 7492 or email [email protected]. Affairs, will submit the collection of Please refer to ‘‘OMB Control No. 2900– information abstracted below to the DEPARTMENT OF VETERANS 0249’’ in any correspondence. Office of Management and Budget AFFAIRS SUPPLEMENTARY INFORMATION: (OMB) for review and comment. The [OMB Control No. 2900–NEW] Title: Loan Service Report, VA Form PRA submission describes the nature of 26–6808. the information collection and its Agency Information Collection OMB Control Number: 2900–0249. expected cost and burden and includes (Principles of Excellence Complaint the actual data collection instrument. System Intake); Comment Request Type of Review: Revision of a DATES: Comments must be submitted on currently approved collection. AGENCY: Veterans Benefits or before September 27, 2013. Abstract: VA personnel complete VA Administration, Department of Veterans Form 26–6806 during personal contact ADDRESSES: Submit written comments Affairs. on the collection of information through with delinquent obligors. VA will use ACTION: Notice. the information collected to determine www.Regulations.gov, or to Office of whether a loan default is insoluble or Information and Regulatory Affairs, SUMMARY: The Veterans Benefits whether the obligor has reasonable Office of Management and Budget, Attn: Administration (VBA) is announcing an prospects for curing the default and VA Desk Officer; 725 17th St. NW., opportunity for public comment on the maintaining the mortgage obligation in Washington, DC 20503 or sent through proposed collection of certain _ the future. The information will also be electronic mail to oira submission@ information by the agency. Under the used to intercede with the holder of the omb.eop.gov. Please refer to ‘‘OMB Paperwork Reduction Act (PRA) of loan to accept a specially arrange Control No. 2900–0046’’ in any 1995, Federal agencies are required to repayment plan or other forbearance correspondence. publish notice in the Federal Register aimed at assisting the obligor in FOR FURTHER INFORMATION CONTACT: concerning each proposed collection of retaining his or her home. Crystal Rennie, Enterprise Records information, including each proposed An agency may not conduct or Service (005R1B), Department of extension of a currently approved sponsor, and a person is not required to Veterans Affairs, 810 Vermont Avenue collection, and allow 60 days for public respond to a collection of information NW., Washington, DC 20420, (202) 632– comment in response to the notice. VA unless it displays a currently valid OMB 7492 or email [email protected]. published an emergency notice the control number. The Federal Register Please refer to ‘‘OMB Control No. 2900– Principles of Excellence Complaint Notice with a 60-day comment period 0046.’’ System Intake on April 30, 2013, that soliciting comments on this collection SUPPLEMENTARY INFORMATION: has been withdrawn. Due to a change in of information was published on May Title: Statement of Heirs for Payment the direction of the collection VA, is 20, 2013, at page 29437–29438. of Credits Due Estate of Deceased asking for public comments on the Affected Public: Individuals or Veteran, VA Form Letter 29–596. revised collection. The PRA submission households. OMB Control Number: 2900–0046. describes the nature of the information Estimated Annual Burden: 2,083 Type of Review: Extension of a collection and its expected cost and hours. currently approved collection. burden; it includes the actual data Estimated Average Burden per Abstract: VA Form 29–596 is used by collection instrument. Interested Respondent: 25 minutes. an administrator, executor, or next of persons are invited to send comments Frequency of Response: One-time. kin to support a claim for money in the regarding this burden estimate or any Estimated Number of Respondents: form of unearned or unapplied other aspect of this collection of 5,000. insurance premiums due to a deceased information, including any of the Veteran’s estate. following subjects: (1) The necessity and Dated: August 23, 2013. An agency may not conduct or utility of the proposed information By direction of the Secretary. sponsor, and a person is not required to collection for the proper performance of Crystal Rennie, respond to a collection of information the agency’s functions; (2) the accuracy VA Clearance Officer, U.S. Department of unless it displays a currently valid OMB of the estimated burden; (3) ways to Veterans Affairs. control number. The Federal Register enhance the quality, utility, and clarity [FR Doc. 2013–21000 Filed 8–27–13; 8:45 am] Notice with a 60-day comment period of the information to be collected; and BILLING CODE 8320–01–P soliciting comments on this collection (4) the use of automated collection

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techniques or other forms of information unduly aggressive recruiting techniques, Estimated Annual Burden: 300 hours. technology to minimize the information misrepresentation, payment of incentive Estimated Average Burden per collection burden. compensation, failure to meet state Respondent: 15 minutes. To obtain copies of the supporting authorization requirements, or failure to Frequency of Response: On occasion. statement and the related form for this adhere to the Principles of Excellence as Estimated Number of Respondents: information collection, contact the outlined in the Executive Order 13607, 1,200. FURTHER INFORMATION CONTACT listed in Establishing Principles of Excellence for Dated: August 23, 2013. this notice. Educational Institutions Serving Service By direction of the Secretary. DATES: Written comments and Members, Veterans, Spouses, and Other Crystal Rennie, recommendation on the proposed Family Members. VA Clearance Officer, U.S. Department of collection of information should be The VA’s Principles of Excellence Veterans Affairs. received on or before October 15, 2013. Complaint System (PoECS) will leverage DoD’s complaint system to intake and [FR Doc. 2013–20957 Filed 8–27–13; 8:45 am] ADDRESSES: Submit written comments BILLING CODE 8320–01–P on the collection of information through manage complaints utilizing their Federal Docket Management System systems architecture with each agency (FDMS) at www.Regulations.gov; or to only having access to their data. The DEPARTMENT OF VETERANS Nancy J. Kessinger, Veterans Benefits complainants will access the complaint AFFAIRS system through the GI Bill Web site and Administration (20M33), Department of eBenefits portal. Veterans, family [OMB Control No. 2900–0365] Veterans Affairs, 810 Vermont Avenue members, or other members of the NW., Washington, DC 20420 or email public will be able to open links at Agency Information Collection [email protected]. Please refer to either VA Web site location and enter (Request for Disinterment) Activities ‘‘OMB Control No. 2900—NEW the requested information. Under OMB Review (Principles of Excellence Complaint Complainants will be offered the System Intake)’’ in any correspondence. AGENCY: National Cemetery opportunity to review the information During the comment period, comments Administration, Department of Veterans in their complaint prior to clicking on may be viewed online through FDMS. Affairs. the submit button. Once a complaint is ACTION: Notice. FOR FURTHER INFORMATION CONTACT: submitted, the complainant will receive Nancy J. Kessinger at (202) 632–8924 or an email verifying that the complaint SUMMARY: In compliance with the fax (202) 632–8925. was received. At this point, the Paperwork Reduction Act (PRA) of 1995 SUPPLEMENTARY INFORMATION: Under the complaint will be stored in the (44 U.S.C. 3501–3521), this notice PRA of 1995 (Pub. L. 104–13; 44 U.S.C. complaint system and be available to announces that the National Cemetery 3501–3521), Federal agencies must select VA employees for review. VA will Administration, Department of Veterans obtain approval from the Office of review the complaint and on behalf of Affairs, will submit the collection of Management and Budget (OMB) for each the complainant will share the information abstracted below to the collection of information they conduct complaint with the institution which is Office of Management and Budget or sponsor. This request for comment is subject of the complaint. VA will (OMB) for review and comment. The being made pursuant to Section request the institution to formally PRA submission describes the nature of 3506(c)(2)(A) of the PRA. respond to the complaint within 90 the information collection and its With respect to the following days. If an institution fails to respond expected cost and burden; it includes collection of information, VBA invites within 90 days, VA will contact the the actual data collection instrument. comments on: (1) Whether the proposed institution and request a status update. DATES: Comments must be submitted on collection of information is necessary Once VA receives a response from the or before September 27, 2013. for the proper performance of VBA’s institution, VA will forward the ADDRESSES: Submit written comments functions, including whether the response to the complainant. At this on the collection of information through information will have practical utility; point, VA will close the case. Valid www.Regulations.gov, or to Office of (2) the accuracy of VBA’s estimate of the complaints received will be transmitted Information and Regulatory Affairs, burden of the proposed collection of to the central repository at FTC Office of Management and Budget, Attn: information; (3) ways to enhance the Consumer Sentinel. The information in quality, utility, and clarity of the the central repository is the same VA Desk Officer; 725 17th St. NW., Washington, DC 20503 or sent through information to be collected; and (4) information provided by the _ ways to minimize the burden of the complainant. Authorized law electronic mail to oira submission@ collection of information on enforcement officials who have been omb.eop.gov. Please refer to ‘‘OMB respondents, including through the use granted access to the FTC Consumer Control No. 2900–0365’’ in any of automated collection techniques or Sentinel database will have access to correspondence. the use of other forms of information view all complaints. The information FOR FURTHER INFORMATION CONTACT: technology. gathered through the system can only be Crystal Rennie, Enterprise Records SUPPLEMENTARY INFORMATION: obtained from the individual Service (005R1B), Department of Title: Principles of Excellence respondent. Valid complaints will be Veterans Affairs, 810 Vermont Avenue Complaint System Intake. accepted from third parties. NW., Washington, DC 20420, (202) 632– OMB Control Number: 2900—NEW We are conducting a 45-day public 7492 or email [email protected]. (Principles of Excellence Complaint comment review period pursuant to 5 Please refer to ‘‘OMB Control No. 2900– System Intake). CFR 1320.13. An agency may not 0365.’’ Type of Review: New collection. conduct or sponsor, and a person is not SUPPLEMENTARY INFORMATION: Abstract: The purpose of the required to respond to a collection of Title: Request for Disinterment, VA complaint system is to provide a information unless it displays a Form 40–4970. standardized method to submit a currently valid OMB control number. OMB Control Number: 2900–0365. complaint against an educational Affected Public: Individuals or Type of Review: Extension of a institution alleging fraudulent and households. currently approved collection.

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Abstract: Claimants complete VA jurisdiction in lieu of VA Form 40– Estimated Average Burden per Form 40–4970 to request removal of 4970. Respondent: 10 minutes. remains from a national cemetery for An agency may not conduct or Frequency of Response: On occasion. interment at another location. sponsor, and a person is not required to Estimated Number of Respondents: Interments made in national cemeteries respond to a collection of information 329. are permanent and final. All immediate unless it displays a currently valid OMB family members of the decedent, control number. The Federal Register Dated: August 22, 2013. including the person who initiated the Notice with a 60-day comment period By direction of the Secretary. soliciting comments on this collection interment, (whether or not he/she is a Crystal Rennie, of information was published on May member of the immediate family) must 20, 2013, at page 29438. VA Clearance Officer, U.S. Department of provide a written consent before Affected Public: Individuals or Veterans Affairs. disinterment is granted. VA will accept households. [FR Doc. 2013–20903 Filed 8–27–13; 8:45 am] an order from a court of local Estimated Annual Burden: 55. BILLING CODE 8320–01–P

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Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting; Early Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands; Final Rule

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DEPARTMENT OF THE INTERIOR game birds under §§ 20.101 through late-season regulations (primarily 20.107, 20.109, and 20.110 of subpart K. hunting seasons that start after October Fish and Wildlife Service Major steps in the 2013–14 regulatory 1 and most waterfowl seasons not cycle relating to open public meetings already established) in an August 22, 50 CFR Part 20 and Federal Register notifications were 2013, Federal Register (78 FR 52338). also identified in the April 9 proposed The final rule described here is the [Docket No. FWS–HQ–MB–2013–0057; sixth in the series of proposed, FF09M21200–134–FXMB1231099BPP0] rule. Further, we explained that all sections of subsequent documents supplemental, and final rulemaking RIN 1018–AY87 outlining hunting frameworks and documents for migratory game bird guidelines were organized under hunting regulations and deals Migratory Bird Hunting; Early Seasons numbered headings. Subsequent specifically with amending subpart K of and Bag and Possession Limits for documents will refer only to numbered 50 CFR part 20. It sets hunting seasons, Certain Migratory Game Birds in the items requiring attention. Therefore, it is hours, areas, and limits for mourning, Contiguous United States, Alaska, important to note that we omit those white-winged, and white-tipped doves; Hawaii, Puerto Rico, and the Virgin items requiring no attention, and band-tailed pigeons; rails; moorhens Islands remaining numbered items might be and gallinules; woodcock; common discontinuous or appear incomplete. snipe; sandhill cranes; sea ducks; early AGENCY: Fish and Wildlife Service, On June 14, 2013, we published in the (September) waterfowl seasons; Interior. Federal Register (78 FR 35844) a second migratory game birds in Alaska, Hawaii, ACTION: Final rule. document providing supplemental Puerto Rico, and the Virgin Islands; proposals for early- and late-season youth waterfowl hunting day; and some SUMMARY: This rule prescribes the migratory bird hunting regulations. The extended falconry seasons. hunting seasons, hours, areas, and daily June 14 supplement also provided National Environmental Policy Act bag and possession limits of mourning, detailed information on the 2013–14 (NEPA) white-winged, and white-tipped doves; regulatory schedule and announced the band-tailed pigeons; rails; moorhens Service Regulations Committee (SRC) The programmatic document, and gallinules; woodcock; common and Flyway Council meetings. ‘‘Second Final Supplemental snipe; sandhill cranes; sea ducks; early On June 19 and 20, 2013, we held Environmental Impact Statement: (September) waterfowl seasons; open meetings with the Flyway Council Issuance of Annual Regulations migratory game birds in Alaska, Hawaii, Consultants where the participants Permitting the Sport Hunting of Puerto Rico, and the Virgin Islands; reviewed information on the current Migratory Birds (EIS 20130139),’’ filed youth waterfowl day; and some status of migratory shore and upland with the Environmental Protection extended falconry seasons. Taking of game birds and developed Agency (EPA) on May 24, 2013, migratory birds is prohibited unless recommendations for the 2013–14 addresses NEPA compliance by the specifically provided for by annual regulations for these species plus Service for issuance of the annual regulations. This rule permits taking of regulations for migratory game birds in framework regulations for hunting of designated species during the 2013–14 Alaska, Puerto Rico, and the Virgin migratory game bird species. We season. Islands; special September waterfowl published a notice of availability in the DATES: This rule is effective on seasons in designated States; special sea Federal Register on May 31, 2013 (78 September 1, 2013. duck seasons in the Atlantic Flyway; FR 32686), and our Record of Decision and extended falconry seasons. In on July 26, 2013 (78 FR 45376). We also ADDRESSES: You may inspect comments addition, we reviewed and discussed address NEPA compliance for waterfowl received on the migratory bird hunting preliminary information on the status of hunting frameworks through the annual regulations during normal business waterfowl as it relates to the preparation of separate environmental hours at the Service’s office in Room development and selection of the assessments, the most recent being 4107, Arlington Square Building, 4501 regulatory packages for the 2013–14 ‘‘Duck Hunting Regulations for 2013– N Fairfax Drive, Arlington, VA. You regular waterfowl seasons. 14,’’ with its corresponding August 19, may obtain copies of referenced reports On July 26, 2013, we published in the 2013, finding of no significant impact. from the street address above, or from Federal Register (78 FR 45376) a third In addition, an August 1985 the Division of Migratory Bird document specifically dealing with the environmental assessment entitled Management’s Web site at http:// proposed frameworks for early-season ‘‘Guidelines for Migratory Bird Hunting www.fws.gov/migratorybirds/, or at regulations. In late August 2013, we Regulations on Federal Indian http://www.regulations.gov at Docket published in the Federal Register a final Reservations and Ceded Lands’’ is No. FWS–HQ–MB–2013–0057. rule which contained final frameworks available from the address indicated FOR FURTHER INFORMATION CONTACT: Ron for early migratory bird hunting seasons under the caption FOR FURTHER W. Kokel, Division of Migratory Bird from which wildlife conservation INFORMATION CONTACT. Management, U.S. Fish and Wildlife agency officials from the States, Puerto Service, (703) 358–1714. Rico, and the Virgin Islands selected Endangered Species Act Consideration SUPPLEMENTARY INFORMATION: early-season hunting dates, hours, areas, Section 7 of the Endangered Species and limits. Act of 1973, as amended (16 U.S.C. 1531 Regulations Schedule for 2013 On July 31–August 1, 2013, we held et seq.), provides that, ‘‘The Secretary On April 9, 2013, we published in the open meetings with the Flyway Council shall review other programs Federal Register (78 FR 21200) a Consultants at which the participants administered by him and utilize such proposal to amend 50 CFR part 20. The reviewed the status of waterfowl and programs in furtherance of the purposes proposal provided a background and developed recommendations for the of this Act’’ (and) shall ‘‘insure that any overview of the migratory bird hunting 2013–14 regulations for these species. action authorized, funded, or carried out regulations process, and addressed the Proposed hunting regulations were . . . is not likely to jeopardize the establishment of seasons, limits, and discussed for late seasons. We continued existence of any endangered other regulations for hunting migratory published the proposed frameworks for species or threatened species or result in

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the destruction or adverse modification those issued during the 2012–13 season, Paperwork Reduction Act of [critical] habitat. . . .’’ Consequently, (2) issue moderate regulations allowing This final rule does not contain any we conducted formal consultations to more days than those in alternative 1, new information collection that requires ensure that actions resulting from these and (3) issue liberal regulations approval under the Paperwork regulations would not likely jeopardize identical to the regulations in the 2012– Reduction Act of 1995 (44 U.S.C. 3501 the continued existence of endangered 13 season. For the 2013–14 season, we et seq.). We may not conduct or sponsor or threatened species or result in the chose Alternative 3, with an estimated and you are not required to respond to destruction or adverse modification of consumer surplus across all flyways of a collection of information unless it their critical habitat. Findings from $317.8–$416.8 million. We also chose displays a currently valid OMB control these consultations are included in a alternative 3 for the 2009–10, the 2010– number. OMB has reviewed and biological opinion, which concluded 11, the 2012–13, and the 2012–13 approved the information collection that the regulations are not likely to seasons. The 2013–14 analysis is part of requirements associated with migratory jeopardize the continued existence of the record for this rule and is available bird surveys and assigned the following any endangered or threatened species. at http://www.regulations.gov at Docket OMB control numbers: Additionally, these findings may have • No. FWS–HQ–MB–2013–0057. 1018–0010—Mourning Dove Call caused modification of some regulatory Count Survey (expires 4/30/2015). measures previously proposed, and the Regulatory Flexibility Act • 1018–0019—North American final frameworks reflect any such Woodcock Singing Ground Survey modifications. Our biological opinions The annual migratory bird hunting (expire 4/30/2015). resulting from this section 7 regulations have a significant economic • 1018–0023—Migratory Bird consultation are public documents impact on substantial numbers of small Surveys (expires 4/30/2014). Includes available for public inspection at the entities under the Regulatory Flexibility Migratory Bird Harvest Information address indicated under ADDRESSES. Act (5 U.S.C. 601 et seq.). We analyzed Program, Migratory Bird Hunter Regulatory Planning and Review the economic impacts of the annual Surveys, Sandhill Crane Survey, and (Executive Orders 12866 and 13563) hunting regulations on small business Parts Collection Survey. entities in detail as part of the 1981 cost- Unfunded Mandates Reform Act Executive Order 12866 provides that benefit analysis. This analysis was the Office of Information and Regulatory revised annually from 1990–95. In 1995, We have determined and certify, in Affairs (OIRA) will review all significant the Service issued a Small Entity compliance with the requirements of the rules. OIRA has reviewed this rule and Flexibility Analysis (Analysis), which Unfunded Mandates Reform Act, 2 has determined that this rule is was subsequently updated in 1996, U.S.C. 1502 et seq., that this rulemaking significant because it would have an 1998, 2004, 2008, and 2013. The will not impose a cost of $100 million annual effect of $100 million or more on or more in any given year on local or the economy. primary source of information about hunter expenditures for migratory game State government or private entities. Executive Order 13563 reaffirms the Therefore, this rule is not a ‘‘significant principles of E.O. 12866 while calling bird hunting is the National Hunting and Fishing Survey, which is conducted regulatory action’’ under the Unfunded for improvements in the nation’s Mandates Reform Act. regulatory system to promote at 5-year intervals. The 2013 Analysis predictability, to reduce uncertainty, was based on the 2011 National Hunting Civil Justice Reform—Executive Order and to use the best, most innovative, and Fishing Survey and the U.S. 12988 and least burdensome tools for Department of Commerce’s County The Department, in promulgating this achieving regulatory ends. The Business Patterns, from which it was rule, has determined that this rule will executive order directs agencies to estimated that migratory bird hunters not unduly burden the judicial system consider regulatory approaches that would spend approximately $1.5 billion and that it meets the requirements of reduce burdens and maintain flexibility at small businesses in 2013. Copies of sections 3(a) and 3(b)(2) of Executive and freedom of choice for the public the Analysis are available upon request Order 12988. where these approaches are relevant, from the Division of Migratory Bird Takings Implication Assessment feasible, and consistent with regulatory Management (see FOR FURTHER objectives. E.O. 13563 emphasizes INFORMATION CONTACT) or from our Web In accordance with Executive Order further that regulations must be based site at http://www.fws.gov/ 12630, this rule, authorized by the on the best available science and that migratorybirds/ Migratory Bird Treaty Act (16 U.S.C. the rulemaking process must allow for NewReportsPublications/SpecialTopics/ 703–711), does not have significant public participation and an open SpecialTopics.html#HuntingRegs or at takings implications and does not affect exchange of ideas. We have developed http://www.regulations.gov at Docket any constitutionally protected property this rule in a manner consistent with No. FWS–HQ–MB–2013–0057. rights. This rule will not result in the these requirements. physical occupancy of property, the An economic analysis was prepared Small Business Regulatory Enforcement physical invasion of property, or the for the 2013–14 season. This analysis Fairness Act regulatory taking of any property. In was based on data from the 2011 fact, this rule allows hunters to exercise National Hunting and Fishing Survey, This rule is a major rule under 5 otherwise unavailable privileges and, the most recent year for which data are U.S.C. 804(2), the Small Business therefore, reduce restrictions on the use available (see discussion in Regulatory Regulatory Enforcement Fairness Act. of private and public property. Flexibility Act section below). This For the reasons outlined above, this rule analysis estimated consumer surplus for will have an annual effect on the Energy Effects—Executive Order 13211 three alternatives for duck hunting economy of $100 million or more. Executive Order 13211 requires (estimates for other species are not However, because this rule establishes agencies to prepare Statements of quantified due to lack of data). The hunting seasons, we are not deferring Energy Effects when undertaking certain alternatives are (1) Issue restrictive the effective date under the exemption actions. While this rule is a significant regulations allowing fewer days than contained in 5 U.S.C. 808(1). regulatory action under Executive Order

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12866, it is not expected to adversely thereby having an influence on their subpart K, are hereby amended as set affect energy supplies, distribution, or own regulations. These rules do not forth below. use. Therefore, this action is not a have a substantial direct effect on fiscal List of Subjects in 50 CFR Part 20 significant energy action and no capacity, change the roles or Statement of Energy Effects is required. responsibilities of Federal or State Exports, Hunting, Imports, Reporting governments, or intrude on State policy and recordkeeping requirements, Government-to-Government or administration. Therefore, in Transportation, Wildlife. Relationship With Tribes accordance with Executive Order 13132, Dated: August 12, 2013. In accordance with the President’s these regulations do not have significant Rachel Jacobson, memorandum of April 29, 1994, federalism effects and do not have ‘‘Government-to-Government Relations sufficient federalism implications to Principal Assistant Deputy Secretary for Fish and Wildlife and Parks. with Native American Tribal warrant the preparation of a federalism Governments’’ (59 FR 22951), Executive summary impact statement. For the reasons set out in the Order 13175, and 512 DM 2, we have preamble, title 50, chapter I, subchapter evaluated possible effects on Federally- Regulations Promulgation B, part 20, subpart K of the Code of recognized Indian tribes and have The rulemaking process for migratory Federal Regulations is amended as determined that there are no effects on game bird hunting must, by its nature, follows: Indian trust resources. However, in the operate under severe time constraints. April 9 Federal Register, we solicited However, we intend that the public be PART 20—[AMENDED] proposals for special migratory bird given the greatest possible opportunity hunting regulations for certain Tribes on to comment. Thus, when the ■ 1. The authority citation for part 20 Federal Indian reservations, off- preliminary proposed rulemaking was continues to read as follows: reservation trust lands, and ceded lands published, we established what we Authority: Migratory Bird Treaty Act, 40 for the 2013–14 migratory bird hunting believed were the longest periods Stat. 755, 16 U.S.C. 703–712; Fish and season. The resulting proposals were possible for public comment. In doing Wildlife Act of 1956, 16 U.S.C. 742 a–j, Pub. contained in a separate August 2, 2013, this, we recognized that, when the L. 106–108, 113 Stat. 1491, Note Following proposed rule (78 FR 47136). By virtue comment period closed, time would be 16 U.S.C. 703. of these actions, we have consulted with of the essence. That is, if there were a Note: The following annual hunting Tribes affected by this rule. delay in the effective date of these regulations provided for by §§ 20.101 through regulations after this final rulemaking, 20.106 and 20.109 of 50 CFR part 20 will not Federalism Effects States would have insufficient time to appear in the Code of Federal Regulations Due to the migratory nature of certain select season dates and limits; to because of their seasonal nature. species of birds, the Federal communicate those selections to us; and ■ 2. Section 20.101 is revised to read as Government has been given to establish and publicize the necessary follows: responsibility over these species by the regulations and procedures to Migratory Bird Treaty Act. We annually implement their decisions. We find that § 20.101 Seasons, limits, and shooting prescribe frameworks from which the ‘‘good cause’’ exists, within the terms of hours for Puerto Rico and the Virgin States make selections regarding the 5 U.S.C. 553(d)(3) of the Administrative Islands. hunting of migratory birds, and we Procedure Act, and therefore, under Subject to the applicable provisions of employ guidelines to establish special authority of the Migratory Bird Treaty the preceding sections of this part, areas regulations on Federal Indian Act (July 3, 1918), as amended (16 open to hunting, respective open reservations and ceded lands. This U.S.C. 703–711), these regulations will seasons (dates inclusive), shooting and process preserves the ability of the take effect less than 30 days after hawking hours, and daily bag and States and tribes to determine which publication. Accordingly, with each possession limits for the species seasons meet their individual needs. conservation agency having had an designated in this section are prescribed Any State or Indian tribe may be more opportunity to participate in selecting as follows: restrictive than the Federal frameworks the hunting seasons desired for its State Shooting and hawking hours are one- at any time. The frameworks are or Territory on those species of half hour before sunrise until sunset. developed in a cooperative process with migratory birds for which open seasons CHECK COMMONWEALTH the States and the Flyway Councils. are now prescribed, and consideration REGULATIONS FOR AREA This process allows States to participate having been given to all other relevant DESCRIPTIONS AND ANY in the development of frameworks from matters presented, certain sections of ADDITIONAL RESTRICTIONS. which they will make selections, title 50, chapter I, subchapter B, part 20, (a) Puerto Rico.

Limits Season dates Bag Possession

Doves and Pigeons: Zenaida, white-winged, and mourning doves 1 ..... Sept. 7–Nov. 4 ...... 20 20 Scaly-naped pigeons ...... Sept. 7–Nov. 4 ...... 5 5 Ducks ...... Nov. 16–Dec. 23 & ...... 6 12 Jan. 11–Jan. 27 ...... 6 12 Common Moorhens ...... Nov. 16–Dec. 23 & ...... 6 12 Jan. 11–Jan. 27 ...... 6 12 Common Snipe ...... Nov. 16–Dec. 23 & ...... 8 16 Jan. 11–Jan. 27 ...... 8 16 1 Not more than 10 Zenaida and 3 mourning doves in the aggregate.

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Restrictions: In Puerto Rico, the masked duck, purple gallinule, Closed Areas: Closed areas are season is closed on the ruddy duck, American coot, Caribbean coot, white- described in the July 26, 2013, Federal white-cheeked pintail, West Indian crowned pigeon, and plain pigeon. Register (78 FR 45376). whistling duck, fulvous whistling duck, (b) Virgin Islands.

Limits Season dates Bag Possession

Zenaida doves ...... Sept. 1–Sept. 30 ...... 10 10 Ducks ...... CLOSED ......

Restrictions: In the Virgin Islands, the § 20.102 Seasons, limits, and shooting July 26, 2013, Federal Register (78 FR seasons are closed for ground or quail hours for Alaska. 45376). doves, pigeons, ruddy duck, white- Subject to the applicable provisions of CHECK STATE REGULATIONS FOR cheeked pintail, West Indian whistling the preceding sections of this part, areas AREA DESCRIPTIONS AND ANY duck, fulvous whistling duck, masked open to hunting, respective open ADDITIONAL RESTRICTIONS. duck, and purple gallinule. seasons (dates inclusive), shooting and Area seasons Dates Closed Areas: Ruth Cay, just south of hawking hours, and daily bag and St. Croix, is closed to the hunting of possession limits for the species North Zone ...... Sept. 1–Dec. 16. migratory game birds. All Offshore Cays designated in this section are prescribed Gulf Coast Zone ...... Sept. 1–Dec. 16. under jurisdiction of the Virgin Islands as follows: Southeast Zone ...... Sept. 16–Dec. Government are closed to the hunting of 31. migratory game birds. Shooting and hawking hours are one- Pribilof & Aleutian Islands Oct. 8–Jan. 22. half hour before sunrise until sunset. ■ Zone. 3. Section 20.102 is revised to read as Area descriptions were published in the Kodiak Zone ...... Oct. 8–Jan. 22. follows:

DAILY BAG AND POSSESSION LIMITS

Dark Common Sandhill Area Ducks 1 Light geese 2 Brant 2 geese 234 snipe cranes 5

North Zone ...... 10–30 4–12 4–12 2–6 8–24 3–9 Gulf Coast Zone ...... 8–24 4–12 4–12 2–6 8–24 2–6 Southeast Zone ...... 7–21 4–12 4–12 2–6 8–24 2–6 Pribilof and Aleutian Islands Zone ...... 7–21 4–12 4–12 2–6 8–24 2–6 Kodiak Zone ...... 7–21 4–12 4–12 2–6 8–24 2–6 1 The basic duck bag limits may include no more than 1 canvasback daily, 3 in possession, and may not include sea ducks. In addition to the basic duck limits, sea duck limits of 10 daily, 20 in possession, singly or in the aggregate, including no more than 6 each of either harlequin or long-tailed ducks, are allowed. Special sea duck limits will be available to nonresidents, but at lower daily limits than residents, and they may take no more than a possession limit of 20 per season, including no more than 4 each of harlequin and long-tailed ducks, black, surf, and white- winged scoters, and king and common eiders. In Unit 15C, Kachemak Bay east of a line from Point Pogibshi to Anchor Point, the special sea duck daily bag limit for residents and nonresidents is 2 per day, 4 in possession, for harlequin and long-tailed ducks, and 1 per day, 2 in posses- sion, for eiders (king and common collectively). Sea ducks include scoters, common and king eiders, harlequin ducks, long-tailed ducks, and common and red-breasted mergansers. The season for Steller’s and spectacled eiders is closed. 2 Dark geese include Canada and white-fronted geese. Light geese include snow geese and Ross’ geese. Separate limits apply to brant. The season for emperor geese is closed Statewide. 3 In Units 5 and 6, the taking of Canada geese is only permitted from September 28 through December 16. In the Middleton Island portion of Unit 6, the taking of Canada geese is by special permit only, with a maximum of 10 permits for the season and a daily bag and possession limit of 1. The season shall close if incidental harvest includes 5 dusky Canada geese. In Unit 6–C and on Hinchinbrook and Hawkins Islands in Unit 6–D, a special, permit-only Canada goose season may be offered. Hunters must have all harvested geese checked and classified to subspecies. The daily bag limit is 4 daily and 8 in possession. The Canada goose season will close in all of the permit areas if the total dusky goose harvest reaches 40. 4 In Units 9, 10, 17 and 18, dark goose limits are 6 per day, 12 in possession. 5 In Unit 17, the daily bag limit for sandhill cranes is 2 and the possession limit is 4.

Falconry: The total combined bag and the take of up to 3 tundra swans. seasons (dates inclusive), shooting and possession limit for migratory game Hunters will be required to file a harvest hawking hours, and daily bag and birds taken with the use of a falcon report after the season is completed. Up possession limits for the species under a falconry permit is 3 per day, 9 to 500 permits may be issued in Unit 18; designated in this section are prescribed in possession, and may not exceed a 300 permits each in Units 22 and 23; as follows: more restrictive limit for any species and 200 permits in Unit 17. Shooting and hawking hours are one- listed in this subsection. ■ 4. Section 20.103, including the half hour before sunrise until sunset Special Tundra Swan Season: In heading, is revised to read as follows: except as otherwise noted. Area Units 17, 18, 22, and 23, there will be descriptions were published in the July a tundra swan season from September 1 § 20.103 Seasons, limits, and shooting 26, 2013, Federal Register (78 FR hours for doves and pigeons. through October 31 with a season limit 45376). of 3 tundra swans per hunter. This Subject to the applicable provisions of CHECK STATE REGULATIONS FOR season is by registration permit only; the preceding sections of this part, areas AREA DESCRIPTIONS AND ANY hunters will be issued 1 permit allowing open to hunting, respective open ADDITIONAL RESTRICTIONS.

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(a) Doves. Note: Unless otherwise noted, the seasons listed below are for mourning and white- winged doves in the aggregate.

Limits Season Dates Bag Poss.

EASTERN MANAGEMENT UNIT Alabama: North Zone ...... 12 noon to sunset ...... Sept. 7 only ...... 15 15 1⁄2 hour before sunrise to sunset ...... Sept. 8–Oct. 6 & ...... 15 45 Oct. 19–Nov. 2 & ...... 15 45 Dec. 7–Dec. 31 ...... 15 45 South Zone ...... 12 noon to sunset ...... Sept. 21 only ...... 15 15 1⁄2 hour before sunrise to sunset ...... Sept. 22–Sept 29 & Oct. 12–Oct. 27 & 15 45 Nov. 29–Jan. 12. 15 45 15 45 Delaware ...... Sept. 2–Sept. 28 & ...... 15 45 ...... Oct. 21–Nov. 2 & ...... 15 45 ...... Dec. 13–Jan. 11 ...... 15 45 Florida ...... 12 noon to sunset ...... Oct. 5–Oct. 28 ...... 15 45 1⁄2 hour before sunrise to sunset ...... Nov. 16–Dec. 1 & ...... 15 45 Dec. 14–Jan. 12 ...... 15 45 Georgia ...... 12 noon to sunset ...... Sept. 7 only ...... 15 15 1⁄2 hour before sunrise to sunset ...... Sept. 8–Sept. 22 ...... 15 45 Oct. 12–Oct. 20 & ...... 15 45 Nov. 28–Jan. 11 ...... 15 45 Illinois 1 ...... Sept. 1–Oct. 27 & ...... 15 45 ...... Nov. 2–Nov. 14 ...... 15 45 Indiana ...... Sept. 1–Oct. 13 & ...... 15 45 ...... Nov. 8–Dec. 4 ...... 15 45 Kentucky ...... 11 a.m. to sunset ...... Sept. 1 only ...... 15 15 1⁄2 hour before sunrise to sunset ...... Sept. 2–Oct. 24 & ...... 15 45 Nov. 28–Dec. 6 & ...... 15 45 Dec. 28–Jan. 3 ...... 15 45 Louisiana: North Zone ...... 12 noon to sunset ...... Sept. 7 only ...... 15 15 1⁄2 hour before sunrise to sunset ...... Sept. 8–Sept. 22 & ...... 15 45 Oct. 12–Nov. 10 & ...... 15 45 Dec. 14–Jan. 6 ...... 15 45 South Zone ...... 12 noon to sunset ...... Sept. 7 only ...... 15 15 1⁄2 hour before sunrise to sunset ...... Sept. 8–Sept. 15 & ...... 15 45 Oct. 19–Dec. 1 & ...... 15 45 Dec. 21–Jan. 6 ...... 15 45 Maryland ...... 12 noon to sunset ...... Sept. 2–Oct. 5 ...... 15 45 1⁄2 hour before sunrise to sunset ...... Nov. 6–Nov. 29 & ...... 15 45 Dec. 21–Jan. 1 ...... 15 45 Mississippi: North Zone ...... Sept. 1–Sept. 22 & ...... 15 45 ...... Oct. 12–Nov. 4 & ...... 15 45 ...... Dec. 20–Jan. 12 ...... 15 45 South Zone ...... Sept. 1–Sept. 9 & ...... 15 45 ...... Oct. 5–Nov. 4 & ...... 15 45 ...... Dec. 14–Jan. 12 ...... 15 45 North Carolina ...... Sept. 2–Oct. 5 & ...... 15 45 ...... Nov. 25–Nov. 30 & ...... 15 45 ...... Dec. 13–Jan. 11 ...... 15 45 Ohio ...... Sept. 1–Oct. 21 & ...... 15 45 ...... Dec. 15–Jan. 2 ...... 15 45 Pennsylvania ...... 12 noon to sunset ...... Sept. 2–Sept. 28 & ...... 15 45 1⁄2 hour before sunrise to sunset ...... Oct. 26–Nov. 30 & ...... 15 45 Dec. 26–Jan. 1 ...... 15 45 Rhode Island ...... 12 noon to sunset ...... Sept. 14–Oct. 13 ...... 12 24 1⁄2 hour before sunrise to sunset ...... Oct. 19–Nov. 9 & ...... 12 24 Dec. 18–Jan. 4 ...... 12 24 South Carolina ...... 12 noon to sunset ...... Sept. 2–Sept. 7 ...... 15 45 1⁄2 hour before sunrise to sunset ...... Sept. 8–Oct. 5 & ...... 15 45 Nov. 23–Nov. 30 & ...... 15 45 Dec. 19–Jan. 15 ...... 15 45 Tennessee ...... 12 noon to sunset ...... Sept. 1 only ...... 15 15 1⁄2 hour before sunrise to sunset ...... Sept. 2–Sept. 26 & ...... 15 45 Oct. 12–Oct. 27 & ...... 15 45 Dec. 19–Jan. 15 ...... 15 45 Virginia ...... 12 noon to sunset ...... Sept. 2–Sept. 6 ...... 15 45

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Limits Season Dates Bag Poss.

1⁄2 hour before sunrise to sunset ...... Sept. 7–Oct. 14 & ...... 15 45 Oct. 19–Nov. 2 & ...... 15 45 Dec. 31–Jan. 11 ...... 15 45 West Virginia ...... 12 noon to sunset ...... Sept. 2 only ...... 15 15 1⁄2 hour before sunrise to sunset ...... Sept. 3–Oct. 5 & ...... 15 45 Oct. 21–Nov. 9 & ...... 15 45 Dec. 23–Jan. 4 ...... 15 45 Wisconsin ...... Sept. 1–Nov. 9 ...... 15 45 CENTRAL MANAGEMENT UNIT Arkansas ...... Sept. 1–Oct. 20 & ...... 15 45 ...... Dec. 21–Jan. 9 ...... 15 45 Colorado ...... Sept. 1–Nov. 9 ...... 15 45 Iowa ...... Sept. 1–Nov. 9 ...... 15 45 Kansas ...... Sept. 1–Oct. 31 & ...... 15 45 ...... Nov. 2–Nov. 10 ...... 15 45 Minnesota ...... Sept. 1–Nov. 9 ...... 15 45 Missouri ...... Sept. 1–Nov 9 ...... 15 45 Montana ...... Sept. 1–Oct. 30 ...... 15 45 Nebraska ...... Sept. 1–Oct. 30 ...... 15 45 New Mexico: North Zone ...... Sept. 1–Nov. 9 ...... 15 45 South Zone ...... Sept. 1–Oct. 9 & ...... 15 45 Dec. 1–Dec. 31 ...... 15 45 North Dakota ...... Sept. 1–Oct. 30 ...... 15 45 Oklahoma ...... Sept. 1–Oct. 31 & ...... 15 45 ...... Dec. 21–Dec. 29 ...... 15 45 South Dakota ...... Sept. 1–Nov. 9 ...... 15 30 Texas: 2 North Zone ...... Sept. 1–Oct. 23 & ...... 15 45 ...... Dec. 20–Jan. 5 ...... 15 45 Central Zone ...... Sept. 1–Oct. 23 & ...... 15 45 ...... Dec. 20–Jan. 5 ...... 15 45 South Zone ...... Special Area ...... Sept. 20–Oct. 23 & ...... 15 45 ...... Dec. 20–Jan. 20 ...... 15 45 (Special Season) ...... Sept. 1–Sept. 2 & ...... 15 45 12 noon to sunset ...... Sept. 7–Sept. 8 ...... 15 45 Remainder of the South Zone ...... Sept. 20–Oct. 27 & ...... 15 45 Dec. 20–Jan. 20 ...... 15 45 Wyoming ...... Sept. 1–Nov. 9 ...... 15 30 WESTERN MANAGEMENT UNIT Arizona 3 ...... Sept. 1–Sept. 15 & ...... 10 30 ...... Nov. 22–Jan. 5 ...... 10 30 California ...... Sept. 1–Sept. 15 & ...... 10 30 ...... Nov. 9–Dec. 23 ...... 10 30 Idaho ...... Sept. 1–Sept. 30 ...... 10 30 Nevada ...... Sept. 1–Sept. 30 ...... 10 30 Oregon ...... Sept. 1–Sept. 30 ...... 10 30 Utah ...... Sept. 2–Sept. 30 ...... 10 30 Washington ...... Sept. 1–Sept. 30 ...... 10 30 OTHER POPULATIONS Hawaii 4 ...... Nov. 2–Nov. 29 & ...... 10 10 ...... Dec. 1–Dec. 28 & ...... 10 10 ...... Jan. 1–Jan. 19 ...... 10 10 1 In Illinois, shooting hours are sunrise to sunset. 2 In Texas, the daily bag limit is either 15 mourning, white-winged, and white-tipped doves in the aggregate, of which no more than 2 may be white-tipped doves with a maximum 70-day season. Possession limits are three times the daily bag limit. During the special season in the Spe- cial White-winged Dove Area of the South Zone, the daily bag limit is 15 mourning, white-winged, and white-tipped doves in the aggregate, of which no more than 2 may be mourning doves and 2 may be white-tipped doves. Possession limits are three times the daily bag limit. 3 In Arizona, during September 1 through 15, the daily bag limit is 10 mourning and white-winged doves in the aggregate of which no more than 6 may be white-wing doves. During November 22 through January 5, the daily bag limit is 10 mourning doves. The possession limit is twice the daily bag limit. 4 In Hawaii, the season is only open on the island of Hawaii. The daily bag and possession limits are 10 mourning doves, spotted doves and chestnut-bellied sandgrouse in the aggregate. Shooting hours are from one-half hour before sunrise through one-half hour after sunset. Hunting is permitted only on weekends and State Holidays.

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(b) Band-tailed Pigeons.

Limits Season dates Bag Possession

Arizona ...... Sept. 6–Sept. 29 ...... 2 6 California: North Zone ...... Sept. 14–Sept. 22 ...... 2 6 South Zone ...... Dec. 14–Dec. 22 ...... 2 6 Colorado ...... Sept. 1–Sept. 30 ...... 5 15 New Mexico: 1 North Zone ...... Sept. 1–Sept. 20 ...... 5 15 South Zone ...... Oct. 1–Oct. 20 ...... 5 15 Oregon ...... Sept. 15–Sept. 23 ...... 2 6 Utah 2 ...... Sept. 2–Sept. 30 ...... 2 6 Washington ...... Sept. 15–Sept. 23 ...... 2 4 (1) In New Mexico, each band-tailed pigeon hunter must have a band-tailed pigeon hunting permit issued by the State. (2) In Utah, each band-tailed pigeon hunter must have either a band-tailed pigeon hunting permit or a special bird permit stamp issued by the State.

■ 5. Section 20.104 is revised to read as hawking hours, and daily bag and CHECK STATE REGULATIONS FOR follows: possession limits for the species AREA DESCRIPTIONS AND ANY designated in this section are prescribed ADDITIONAL RESTRICTIONS. § 20.104 Seasons, limits, and shooting as follows: hours for rails, woodcock, and common Shooting and hawking hours are one- Note: States with deferred seasons will snipe. select those seasons at the same time they half hour before sunrise until sunset select waterfowl seasons in August. Consult Subject to the applicable provisions of except as otherwise noted. Area late-season regulations for further the preceding sections of this part, areas descriptions were published in the July information. open to hunting, respective open 26, 2013, Federal Register (78 FR seasons (dates inclusive), shooting and 45376).

Sora and Virginia rails Clapper and King rails Woodcock Common snipe

Daily bag limit ...... 25 1 15 2 3 8. Possession limit ...... 75 1 45 2 9 24.

ATLANTIC FLYWAY Connecticut 3 ...... Sept. 3–Nov. 11 ...... Sept. 3–Nov. 11 ...... Oct. 23–Nov. 23 & Nov. Oct. 23–Nov. 23 & Nov. 25–Dec. 7. 25–Dec. 7. Delaware ...... Sept. 2–Nov. 9 ...... Sept. 2–Nov. 9 ...... Nov. 25–Dec. 7 & Dec. Nov. 25–Dec. 7 & Dec. 14–Jan. 14. 14–Jan. 14. Florida ...... Sept. 1–Nov. 9 ...... Sept. 1–Nov. 9 ...... Dec. 18–Jan. 31 ...... Nov. 1–Feb. 15. Georgia ...... Sept. 13–Oct. 31 & Nov. Sept. 13–Oct. 31 & Nov. Dec. 7–Jan. 20 ...... Nov. 15–Feb. 28. 15–Dec. 5. 15–Dec. 5. Maine 4 ...... Sept. 2–Nov. 9 ...... Closed ...... Oct. 1–Nov. 14 ...... Sept. 2–Dec. 15. Maryland 5 ...... Sept. 2–Nov. 9 ...... Sept. 2–Nov. 9 ...... Oct. 31–Nov. 29 & Jan. Sept. 25–Nov. 29 & Dec. 11–Jan. 25. 16–Jan. 25. Massachusetts 6 ...... Sept. 2–Nov. 9 ...... Closed ...... Deferred ...... Sept. 2–Dec. 16. New Hampshire ...... Closed ...... Closed ...... Oct. 1–Nov. 14 ...... Sept. 15–Nov. 14. New Jersey: 7 North Zone ...... Sept. 2–Nov. 10 ...... Sept. 2–Nov. 10 ...... Oct. 19–Nov. 23 ...... Sept. 17–Jan. 1. South Zone ...... Sept. 2–Nov. 10 ...... Sept. 2–Nov. 10 ...... Nov. 9–Nov. 30 & Dec. Sept. 17–Jan. 1. 19–Jan. 1. New York 8 ...... Sept. 1–Nov. 9 ...... Closed ...... Oct. 1–Nov. 14 ...... Sept. 1–Nov. 9. North Carolina ...... Sept. 7–Sept. 28 & Oct. 5– Sept. 7–Sept. 28 & Oct. 5– Dec. 12–Jan. 25 ...... Nov. 14–Feb. 28. Nov. 21. Nov. 21. Pennsylvania 9 ...... Sept. 2–Nov. 9 ...... Closed ...... Oct. 19–Nov. 30 ...... Oct. 19–Nov. 30. Rhode Island 10 ...... Sept. 1–Nov. 9 ...... Sept. 1–Nov. 9 ...... Oct. 19–Dec. 2 ...... Sept. 1–Nov. 9. South Carolina ...... Sept. 18–Sept. 22 & Oct. Sept. 18–Sept. 22 & Oct. Dec. 18–Jan. 31 ...... Nov. 14–Feb. 28. 5–Dec. 8. 5–Dec. 8. Vermont ...... Closed ...... Closed ...... Oct. 1–Nov. 14 ...... Oct. 1–Nov. 14. Virginia ...... Sept. 7–Sept. 28 & Sept. Sept. 7–Sept. 28 & Sept. Oct. 26–Nov. 1 & Dec. 5– Oct. 10–Oct. 14 & Oct. 30–Nov. 16. 30–Nov. 16. Jan. 11. 22–Jan. 31. West Virginia 11 ...... Sept. 2–Nov. 2 ...... Closed ...... Oct. 12–Nov. 25 ...... Sept. 2–Dec. 7. MISSISSIPPI FLYWAY Alabama ...... Sept. 7–Sept. 22 & Nov. Sept. 7–Sept. 22 & Nov. Dec. 18–Jan. 31 ...... Nov. 14–Feb. 28. 28–Jan. 20. 28–Jan. 20. Arkansas ...... Sept. 7–Nov. 15 ...... Closed ...... Nov. 2–Dec. 16 ...... Nov. 1–Feb. 15. Illinois 12 ...... Sept. 7–Nov. 15 ...... Closed ...... Oct. 19–Dec. 2 ...... Sept. 7–Dec. 22. Indiana 13 ...... Sept. 1–Nov. 9 ...... Closed ...... Oct. 15–Nov. 28 ...... Sept. 1–Dec. 16. Iowa 14 ...... Sept. 7–Nov. 15 ...... Closed ...... Oct. 5–Nov. 18 ...... Sept. 7–Nov. 30. Kentucky ...... Sept. 1–Nov. 9 ...... Closed ...... Nov. 1–Dec. 15 ...... Sept. 18–Oct. 27 & Nov. 28–Feb. 2.

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Sora and Virginia rails Clapper and King rails Woodcock Common snipe

Louisiana 15 ...... Sept. 14–Sept. 29 ...... Sept. 14–Sept. 29 ...... Dec. 18–Jan. 31 ...... Deferred. Michigan 16 ...... Sept. 1–Nov. 9 ...... Closed ...... Sept. 21–Nov. 4 ...... Sept. 1–Nov. 9. Minnesota ...... Sept. 1–Nov. 4 ...... Closed ...... Sept. 21–Nov. 4 ...... Sept. 1–Nov. 4. Mississippi ...... Sept. 14–Nov. 22 ...... Sept. 14–Nov. 22 ...... Dec. 18–Jan. 31 ...... Nov. 14–Feb. 28. Missouri 4 ...... Sept. 1–Nov. 9 ...... Closed ...... Oct. 15–Nov. 28 ...... Sept. 1–Dec. 16. Ohio ...... Sept. 1–Nov. 9 ...... Closed ...... Oct. 12–Nov. 25 ...... Sept. 1–Nov. 25 & Dec. 15–Jan. 4. Tennessee ...... Deferred ...... Closed ...... Oct. 26–Dec. 9 ...... Nov. 14–Feb. 28. Wisconsin ...... Deferred ...... Closed ...... Sept. 21–Nov. 4 ...... Deferred. CENTRAL FLYWAY Colorado ...... Sept. 1–Nov. 9 ...... Closed ...... Closed ...... Sept. 1–Dec. 16. Kansas ...... Sept. 1–Nov. 9 ...... Closed ...... Oct. 12–Nov. 25 ...... Sept. 1–Dec. 16. Montana ...... Closed ...... Closed ...... Closed ...... Sept. 1–Dec. 16. Nebraska ...... Sept. 1–Nov. 9 ...... Closed ...... Sept. 21–Nov. 4 ...... Sept. 1–Dec. 16. New Mexico 17 ...... Sept. 14–Nov. 22 ...... Closed ...... Closed ...... Oct. 12–Jan. 26. North Dakota ...... Closed ...... Closed ...... Sept. 21–Nov. 4 ...... Sept. 14–Dec. 1. Oklahoma ...... Sept. 1–Nov. 9 ...... Closed ...... Nov. 1–Dec. 15 ...... Oct. 1–Jan. 15. South Dakota 18 ...... Closed ...... Closed ...... Closed ...... Sept. 1–Oct. 31. Texas ...... Sept. 14–Sept. 29 & Nov. Sept. 14–Sept. 29 & Nov. Dec. 18–Jan. 31 ...... Nov. 2–Feb. 16. 2–Dec. 25. 2–Dec. 25. Wyoming 11 ...... Sept. 1–Nov. 9 ...... Closed ...... Closed ...... Sept. 1–Dec. 16. PACIFIC FLYWAY Arizona ...... Closed ...... Closed ...... Closed ...... Deferred. California ...... Closed ...... Closed ...... Closed ...... Oct. 19–Jan. 26. Colorado ...... Sept. 1–Nov. 9 ...... Closed ...... Closed ...... Sept. 1–Dec. 16. Idaho: Area 1 ...... Closed ...... Closed ...... Closed ...... Deferred. Area 2 ...... Closed ...... Closed ...... Closed ...... Deferred Montana ...... Closed ...... Closed ...... Closed ...... Sept. 1–Dec. 16. Nevada ...... Closed ...... Closed ...... Closed ...... Deferred. New Mexico 17 ...... Sept. 14–Nov. 22 ...... Closed ...... Closed ...... Oct. 12–Jan. 26. Oregon ...... Closed ...... Closed ...... Closed ...... Deferred. Utah ...... Closed ...... Closed ...... Closed ...... Oct. 5–Jan. 18. Washington ...... Closed ...... Closed ...... Closed ...... Deferred. Wyoming (11) ...... Sept. 1–Nov. 9 ...... Closed ...... Closed ...... Sept. 1–Dec. 16. 1 The bag and possession limits for sora and Virginia rails apply singly or in the aggregate of these species. 2 All bag and possession limits for clapper and king rails apply singly or in the aggregate of the two species and, unless otherwise specified, the limits are in addition to the limits on sora and Virginia rails in all States. In Connecticut, Delaware, Maryland, and New Jersey, the limits for clapper and king rails are 10 daily and 30 in possession. 3 In Connecticut, the daily bag and possession limits may not contain more than 1 king rail. 4 In Maine and Missouri, the daily bag and possession limit for sora and Virginia rails is 25. 5 In Maryland, no more than 1 king rail may be taken per day. 6 In Massachusetts, the sora rail limits are 5 daily and 5 in possession; the Virginia rail limits are 10 daily and 10 in possession. 7 In New Jersey, the season for king rails is closed by State regulation. 8 In New York, the rail daily bag and possession limits are 8 and 24, respectively. Seasons for sora and Virginia rails and common snipe are closed on Long Island. 9 In Pennsylvania, the daily bag and possession limits for rails are 3 and 9, respectively. 10 In Rhode Island, the sora and Virginia rails limits are 3 daily and 6 in possession, singly or in the aggregate; the clapper and king rail limits are 1 daily and 2 in possession, singly or in the aggregate; the woodcock limit is 3 daily and 6 in possession; the common snipe limits are 5 daily and 10 in possession. 11 In West Virginia and Wyoming, the daily bag and possession limit for sora and Virginia rails is 25; the possession limit for snipe is 16. 12 In Illinois, shooting hours are from sunrise to sunset. 13 In Indiana, the sora rail limits are 12 daily and 36 in possession. The season on Virginia rails are closed. 14 In Iowa, the limits for sora and virginia rails are 12 daily and 24 in possession. 15 Additional days occurring after September 30 will be published with the late season selections. 16 In Michigan, the possession limit for woodstock is 6. 17 In New Mexico, the rail limits are 10 daily and 20 in possession. 18 In South Dakota, the snipe limits are 5 daily and 10 in possession.

■ 6. Section 20.105 is revised to read as possession limits for the species CHECK STATE REGULATIONS FOR follows: designated in this section are prescribed AREA DESCRIPTIONS AND ANY as follows: ADDITIONAL RESTRICTIONS. § 20.105 Seasons, limits, and shooting hours for waterfowl, coots, and gallinules. Shooting and hawking hours are one- Note: States with deferred seasons may half hour before sunrise until sunset, select those seasons at the same time they Subject to the applicable provisions of except as otherwise noted. Area select waterfowl seasons in August. Consult late-seasons regulations for further the preceding sections of this part, areas descriptions were published in the July information. open to hunting, respective open 26, 2013, Federal Register (78 FR seasons (dates inclusive), shooting and 45376). (a) Common Moorhens and Purple hawking hours, and daily bag and Gallinules.

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Limits Season dates Bag Possession

ATLANTIC FLYWAY Delaware ...... Sept. 2–Nov. 9 ...... 15 45 Florida 1 ...... Sept. 1–Nov.9 ...... 15 45 Georgia ...... Deferred ...... New Jersey ...... Sept. 2–Nov. 10 ...... 10 30 New York Long Island ...... Closed ...... Remainder of State ...... Sept. 1–Nov. 9 ...... 8 24 North Carolina ...... Sept. 7–Sept. 28 & ...... 15 45 Oct. 5–Nov. 21 ...... 15 45 Pennsylvania ...... Sept. 2–Nov. 9 ...... 3 9 South Carolina ...... Sept. 18–Sept. 22 & ...... 15 45 Oct. 5–Dec. 8 ...... 15 45 Virginia ...... Sept. 7–Sept. 28 & ...... 15 45 Sept. 30–Nov. 16 ...... 15 45 West Virginia ...... Deferred ...... MISSISSIPPI FLYWAY Alabama ...... Sept. 7–Sept. 22 & ...... 15 45 Nov. 28–Jan. 20 ...... 15 45 Arkansas ...... Sept. 1–Nov. 9 ...... 15 45 Kentucky ...... Sept. 1–Nov. 9 ...... 15 45 Louisiana 2 ...... Sept. 14–Sept. 29 ...... 15 45 Michigan ...... Sept. 1–Nov. 9 ...... 1 3 Minnesota ...... Deferred ...... Mississippi ...... Sept. 14–Nov. 22 ...... 15 45 Ohio ...... Sept. 1–Nov. 9 ...... 15 45 Tennessee ...... Deferred ...... Wisconsin ...... Deferred ...... CENTRAL FLYWAY New Mexico Zone 1 ...... Sept. 28–Dec. 6 ...... 1 3 Zone 2 ...... Sept. 28–Dec. 6 ...... 1 3 Oklahoma ...... Sept. 1–Nov. 9 ...... 15 45 Texas ...... Sept. 14–Sept. 29 & ...... 15 45 Nov. 2–Dec. 25 ...... 15 45 PACIFIC FLYWAY All States ...... Deferred ...... 1 The season applies to common moorhens only. 2 Additional days occurring after September 30 will be published with the late season selections.

(b) Sea Ducks (scoter, eider, and long- ducks, singly or in the aggregate, of addition to regular duck bag limits only tailed ducks in Atlantic Flyway). Within which no more than 4 may be scoters. during the regular duck season in the the special sea duck areas, the daily bag Possession limits are three times the special sea duck hunting areas. limit is 7 scoter, eider, and long-tailed daily bag limit. These limits may be in

Limits Season dates Bag Possession

Connecticut 1 ...... Sept. 21–Jan. 20 ...... 5 15 Delaware ...... Sept. 24–Jan. 25 ...... 7 21 Georgia ...... Deferred ...... Maine 2 ...... Oct. 1–Jan. 31 ...... 7 21 Maryland ...... Deferred ...... Massachusetts ...... Deferred ...... New Hampshire 3 ...... Oct. 1–Jan. 15 ...... 7 21 New Jersey ...... Sept. 24–Jan. 25 ...... 7 21 New York ...... Oct. 17–Jan. 31 ...... 7 21 North Carolina ...... Deferred ...... Rhode Island ...... Oct. 5–Jan. 19 ...... 5 10 South Carolina ...... Deferred ...... Virginia ...... Deferred ...... Note: Notwithstanding the provisions of this Part 20, the shooting of crippled waterfowl from a motorboat under power will be permitted in Con- necticut, Delaware, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Rhode Island, South Carolina, and Virginia in those areas described, delineated, and designated in their respective hunting regulations as special sea duck hunting areas. 1 In Connecticut, the daily bag limit may include no more than 4 long-tailed ducks. 2 In Maine, the daily bag limit for eiders is 4, and the possession limit is 12. 3 In New Hampshire, the daily bag limit may include no more than 4 eiders or 4 long-tailed ducks.

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(c) Early (September) Duck Seasons. Note: Unless otherwise specified, the seasons listed below are for teal only.

Limits Season dates Bag Possession

ATLANTIC FLYWAY Delaware 1 ...... Sept. 12–Sept. 30 ...... 6 18 Florida 2 ...... Sept. 21–Sept. 25 ...... 4 12 Georgia ...... Sept. 14–Sept. 29 ...... 6 18 Maryland 1 ...... Sept. 16–Sept. 30 ...... 6 18 North Carolina 1 ...... Sept. 7–Sept. 25 ...... 6 18 South Carolina 3 ...... Sept. 14–Sept. 29 ...... 6 18 Virginia 1 ...... Sept. 16–Sept. 30 ...... 6 18 MISSISSIPPI FLYWAY Alabama ...... Sept. 7–Sept. 22 ...... 6 18 Arkansas 3 ...... Sept. 7–Sept. 22 ...... 6 18 Illinois 3 ...... Sept. 7–Sept. 22 ...... 6 18 Indiana 3 ...... Sept. 7–Sept. 22 ...... 6 18 Iowa 4 North Zone ...... Sept. 21–Sept. 25 ...... Missouri River Zone ...... Sept. 21–Sept. 25 ...... South Zone ...... Sept. 21–Sept. 25 ...... Kentucky 2 ...... Sept. 18–Sept. 22 ...... 4 12 Louisiana ...... Sept. 14–Sept. 29 ...... 6 18 Mississippi ...... Sept. 14–Sept. 29 ...... 6 18 Missouri 3 ...... Sept. 7–Sept. 22 ...... 6 18 Ohio 3 ...... Sept. 7–Sept. 22 ...... 6 18 Tennessee 2 ...... Sept. 14–Sept. 18 ...... 4 12 CENTRAL FLYWAY Colorado 1 ...... Sept. 14–Sept. 22 ...... 6 18 Kansas Low Plains ...... Sept. 7–Sept. 22 ...... 6 18 High Plains ...... Sept. 14–Sept. 22 ...... 6 18 Nebraska 1 Low Plains ...... Sept. 7–Sept. 22 ...... 6 18 High Plains ...... Sept. 7–Sept. 15 ...... 6 18 New Mexico ...... Sept. 14–Sept. 22 ...... 6 18 Oklahoma ...... Sept. 14–Sept. 29 ...... 6 18 Texas High Plains ...... Sept. 14–Sept. 29 ...... 6 18 Rest of State ...... Sept. 14–Sept. 29 ...... 6 18 1 Area restrictions. See State regulations. 2 In Florida, Kentucky, and Tennessee, the daily bag limit is 4 wood ducks and teal in the aggregate, of which no more than 2 may be wood ducks. The possession limit is twice the daily bag limit. 3 Shooting hours are from sunrise to sunset. 4 In Iowa, the September season is part of the regular season, and limits will conform to those set for the regular season. d Special Early Canada Goose Seasons.

Limits Season dates Bag Possession

ATLANTIC FLYWAY Connecticut 1 North Zone ...... Sept. 3–Sept. 30 ...... 15 45 South Zone ...... Sept. 14–Sept. 30 ...... 15 45 Delaware ...... Sept. 2–Sept. 25 ...... 15 45 Florida ...... Sept. 7–Sept. 25 ...... 5 15 Georgia ...... Sept. 7–Sept. 29 ...... 5 15 Maine Northern Zone ...... Sept. 2–Sept. 25 ...... 6 18 Southern Zone ...... Sept. 2–Sept. 25 ...... 8 24 Coastal Zone ...... Sept. 2–Sept. 25 ...... 8 24 Maryland 12 Eastern Unit ...... Sept. 2–Sept. 14 ...... 8 24 Western Unit ...... Sept. 2–Sept. 25 ...... 8 24 Massachusetts Central Zone ...... Sept. 3–Sept. 25 ...... 7 21 Coastal Zone ...... Sept. 3–Sept. 25 ...... 7 21 Western Zone ...... Sept. 3–Sept. 25 ...... 7 21 New Hampshire ...... Sept. 3–Sept. 25 ...... 5 15 New Jersey 123 ...... Sept. 2–Sept. 30 ...... 15 45 New York 4 Lake Champlain Zone ...... Sept. 3–Sept. 25 ...... 5 15

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Limits Season dates Bag Possession

Northeastern Zone ...... Sept. 1–Sept. 25 ...... 15 45 Western Zone ...... Sept. 1–Sept. 25 ...... 15 45 Southeastern Zone ...... Sept. 1–Sept. 25 ...... 15 45 Western Long Island Zone ...... Closed ...... Central Long Island Zone ...... Sept. 3–Sept. 30 ...... 15 45 Eastern Long Island Zone ...... Sept. 3–Sept. 30 ...... 15 45 North Carolina 56 ...... Sept. 2–Sept. 30 ...... 15 45 Pennsylvania 7 SJBP Zone 8 ...... Sept. 2–Sept. 25 ...... 3 9 Rest of State 9 ...... Sept. 2–Sept. 25 ...... 8 24 Rhode Island 1 ...... Sept. 1–Sept. 30 ...... 15 30 South Carolina Early-Season Hunt Unit ...... Sept. 1–Sept. 30 ...... 15 45 Vermont Lake Champlain Zone 10 ...... Sept. 3–Sept. 25 ...... 5 15 Interior Vermont Zone ...... Sept. 3–Sept. 25 ...... 5 15 Connecticut River Zone 11 ...... Sept. 3–Sept. 25 ...... 5 15 Virginia 12 ...... Sept. 2–Sept. 25 ...... 10 30 West Virginia ...... Sept. 2–Sept. 14 ...... 5 15 MISSISSIPPI FLYWAY Alabama ...... Sept. 1–Sept. 15 ...... 5 15 Arkansas 13 ...... Sept. 1–Sept. 15 ...... 2 6 Illinois North Zone ...... Sept. 1–Sept. 15 ...... 5 15 Central Zone ...... Sept. 1–Sept. 15 ...... 5 15 South Central Zone ...... Sept. 1–Sept. 15 ...... 2 6 South Zone ...... Sept. 1–Sept. 15 ...... 2 6 Indiana ...... Sept. 1–Sept. 15 ...... 5 15 Iowa South Goose Zone: Des Moines Goose Zone ...... Sept. 7–Sept. 15 ...... 5 15 Cedar Rapids/Iowa City Goose Zone ...... Sept. 7–Sept. 15 ...... 5 15 Remainder of South Zone ...... Closed ...... North Goose Zone: Cedar Falls/Waterloo Zone ...... Sept. 7–Sept. 15 ...... 5 15 Remainder of North Zone ...... Closed ...... Kentucky 13 ...... Sept. 1–Sept. 15 ...... 3 9 Michigan North Zone ...... Sept. 1–Sept. 10 ...... 5 15 Middle Zone ...... Sept. 1–Sept. 15 ...... 5 15 South Zone: Huron, Saginaw, and Tuscola Counties ...... Sept. 1–Sept. 10 ...... 5 15 Rest of South Zone ...... Sept. 1–Sept. 15 ...... 5 15 Minnesota Northwest Zone ...... Sept. 1–Sept. 20 ...... 5 15 Intensive Harvest Zone ...... Sept. 1–Sept. 20 ...... 10 30 Remainder of State ...... Sept. 1–Sept. 20 ...... 5 15 Mississippi ...... Sept. 1–Sept. 15 ...... 5 15 Ohio ...... Sept. 1–Sept. 15 ...... 5 15 Tennessee ...... Sept. 1–Sept. 15 ...... 5 15 Wisconsin ...... Sept. 1–Sept. 15 ...... 5 15 CENTRAL FLYWAY North Dakota Missouri River Zone ...... Sept. 1–Sept. 7 ...... 15 45 Remainder of State ...... Sept. 1–Sept. 15 ...... 15 45 Oklahoma ...... Sept. 14–Sept. 23 ...... 8 24 South Dakota 13 ...... Sept. 1–Sept. 30 ...... 15 45 Texas East Zone ...... Sept. 14–Sept. 29 ...... 3 9 PACIFIC FLYWAY Colorado ...... Sept. 1–Sept. 9 ...... 4 12 Oregon Northwest Zone ...... Sept. 7–Sept. 15 ...... 5 15 Southwest Zone 14 ...... Sept. 7–Sept. 11 ...... 5 15 East Zone 14 ...... Sept. 7–Sept. 11 ...... 5 15 Washington Mgmt. Area 2B ...... Sept. 1–Sept. 15 ...... 5 10 Mgmt. Areas 1 & 3 ...... Sept. 10–Sept. 15 ...... 5 10 Mgmt. Area 4 & 5 ...... Sept. 14–Sept. 15 ...... 3 6 Mgmt. Area 2A ...... Sept. 10–Sept. 15 ...... 3 6 Wyoming Teton County ...... Sept. 1–Sept. 8 ...... 3 6

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Limits Season dates Bag Possession

Rest of State ...... Sept. 1–Sept. 8 ...... 2 4 1 Shooting hours are one-half hour before sunrise to one-half hour after sunset. 2 The use of shotguns capable of holding more than 3 shotshells is allowed. 3 The use of electronic calls is allowed. 4 In New York, in all areas except the Northeastern Goose Hunting Area, shooting hours are one-half hour before sunrise to one-half hour after sunset, the use of shotguns capable of holding more than 3 shotshells is allowed, and the use of electronic calls is allowed. In the Northeastern Goose Hunting Area, shooting hours are one-half hour before sunrise to one-half hour after sunset, shotguns capable of holding more than 3 shotshells are allowed, and electronic calls are allowed only from September 1 to September 20 and September 23 to September 25. On Sep- tember 21 and September 22, shooting hours are one-half hour before sunrise to sunset, shotguns must be capable of holding no more than 3 shotshells, and electronic calls are not allowed. 5 In North Carolina, the use of unplugged guns and electronic calls is allowed in that area west of U.S. Highway 17 only. 6 In North Carolina, shooting hours are one-half hour before sunrise to one-half hour after sunset in that area west of U.S. Highway 17 only. 7 In Pennsylvania, shooting hours are one-half hour before sunrise to one-half hour after sunset from September 2 to September 13, Sep- tember 15 to September 20, and September 22 to September 25. On September 14 and September 21, shooting hours are one-half hour before sunrise to sunset. 8 In Pennsylvania, in the area south of SR 198 from the Ohio State line to intersection of SR 18, SR 18 south to SR 618, SR 618 south to US Route 6, US Route 6 east to US Route 322/SR 18, US Route 322/SR 18 west to intersection of SR 3013, SR 3013 south to the Crawford/Mercer County line, not including the Pymatuning State Park Reservoir and an area to extend 100 yards inland from the shoreline of the reservoir, ex- cluding the area east of SR 3011 (Hartstown Road), the daily bag limit is one goose with a possession limit of 3 geese. The season is closed on State Game Lands 214. However, during the youth waterfowl hunting days on September 14 and 21, regular season regulations apply. 9 In Pennsylvania, in the area of Lancaster and Lebanon Counties north of the Pennsylvania Turnpike, east of SR 501 to SR 419, south of SR 419 to the Lebanon-Berks County line, west of the Lebanon-Berks County line and the Lancaster-Berks County line to SR 1053, west of SR 1053 to the Pennsylvania Turnpike I–76, the daily bag limit is 1 goose with a possession limit of 3 geese. On State Game Lands No. 46 (Middle Creek Wildlife Mgmt Area), the season is closed. However, during the youth waterfowl hunting days on September 14 and 21, regular season regulations apply. 10 In Vermont, in Addison County north of Route 125, the daily bag and possession limit is 2 and 4, respectively. 11 In Vermont, the season in the Connecticut River Zone is the same as the New Hampshire Inland Zone season, set by New Hampshire. 12 In Virginia, shooting hours are one-half hour before sunrise to one-half hour after sunset from September 2 to September 14, and one-half hour before sunrise to sunset from September 16 to September 25 in the area east of I–95 where the September teal season is open. Shooting hours are one-half hour before sunrise to one-half hour after sunset from September 1 to September 21, and one-half hour before sunrise to sunset from September 23 to September 25 in the area west of I–95. 13 See State regulations for additional information and restrictions. 14 In Oregon, the season is closed in the Southcoast Zone and the Klamath County Zone.

(e) Regular Goose Seasons. Note: Bag and possession limits will September 30 will be published with the late conform to those set for the regular season. season selections. Additional season dates occurring after

Season dates

MISSISSIPPI FLYWAY Michigan ...... Deferred. Wisconsin North Zone ...... Sept. 16–Sept. 30. South Zone ...... Sept. 16–Sept. 30. Mississippi River Zone ...... Sept. 21–Sept. 30

(f) Youth Waterfowl Hunting Days. The Mississippi Flyway: Includes The Pacific Flyway: Includes Arizona, The following seasons are open only Alabama, Arkansas, Illinois, Indiana, California, Colorado (west of the to youth hunters. Youth hunters must be Iowa, Kentucky, Louisiana, Michigan, Continental Divide), Idaho, Montana accompanied into the field by an adult Minnesota, Mississippi, Missouri, Ohio, (including and to the west of Hill, at least 18 years of age. This adult Tennessee, and Wisconsin. Chouteau, Cascade, Meagher, and Park cannot duck hunt but may participate in The Central Flyway: Includes Counties), Nevada, New Mexico (the other open seasons. Colorado (east of the Continental Jicarilla Apache Indian Reservation and Definitions Divide), Kansas, Montana (Blaine, west of the Continental Divide), Oregon, Utah, Washington, and Wyoming (west Youth Hunters: Includes youths 15 Carbon, Fergus, Judith Basin, Stillwater, years of age or younger. Sweetgrass, Wheatland, and all Counties of the Continental Divide including the The Atlantic Flyway: Includes east thereof), Nebraska, New Mexico Great Divide Basin). Connecticut, Delaware, Florida, Georgia, (east of the Continental Divide except Note: Bag and possession limits will Maine, Maryland, Massachusetts, New that the Jicarilla Apache Indian conform to those set for the regular season Hampshire, New Jersey, New York, Reservation is in the Pacific Flyway), unless there is a special season already open North Carolina, Pennsylvania, Rhode North Dakota, Oklahoma, South Dakota, (e.g., September Canada goose season), in Island, South Carolina, Vermont, Texas, and Wyoming (east of the which case, that season’s daily bag limit will Virginia, and West Virginia. Continental Divide). prevail.

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Season dates

ATLANTIC FLYWAY Connecticut ...... Deferred. Delaware ...... Ducks, geese, brant, mergansers, and coots ...... Oct. 5 & Feb. 8. Florida ...... Deferred. Georgia ...... Ducks, geese, mergansers, coots, moorhens, and gallinules ...... Nov. 16 & 17. Maine ...... Ducks, geese, mergansers, and coots ...... North Zone ...... Sept. 14 & Dec. 7. South Zone ...... Sept. 21 & Oct. 26. Coastal Zone ...... Sept. 21 & Nov. 9. Maryland 1 ...... Deferred. Massachusetts ...... Deferred. New Hampshire ...... Ducks, geese, mergansers, and coots ...... Sept. 28 & 29. New Jersey ...... Deferred. New York 2 ...... Ducks, mergansers, coots, brant, and Canada geese ...... Long Island Zone ...... Nov. 9 & 10. Lake Champlain Zone ...... Sept. 28 & 29. Northeastern Zone ...... Sept. 21 & 22. Southeastern Zone ...... Sept. 28 & 29. Western Zone ...... Oct. 12 & 13. North Carolina ...... Deferred. Pennsylvania ...... Ducks, mergansers, Canada geese, coots, and moorhens ...... Sept. 14 & 21. Rhode Island ...... Ducks, mergansers and coots ...... Oct. 19 & 20. South Carolina ...... Deferred. Vermont ...... Ducks, geese, mergansers and coots ...... Sept. 28 & 29. Virginia ...... Deferred. West Virginia 3 ...... Ducks, geese, mergansers, coots, moorhens, and gallinules ...... Sept. 21 & Nov. 9. MISSISSIPPI FLYWAY Alabama ...... Ducks, mergansers, coots, geese, moorhens, and gallinules ...... Feb. 8 & 9. Arkansas ...... Deferred. Illinois ...... Deferred. Indiana ...... Deferred. Iowa ...... Deferred. Kentucky ...... Deferred. Louisiana ...... Deferred. Michigan ...... Ducks, geese, mergansers, coots, moorhens, and gallinules ...... Sept. 14 & 15. Minnesota ...... Ducks, geese, mergansers, coots, moorhens, and gallinules ...... Sept. 7. Mississippi ...... Deferred. Missouri ...... Deferred. Ohio ...... Deferred. Tennessee ...... Deferred. Wisconsin ...... Ducks, geese, mergansers, coots, moorhens, and gallinules ...... Sept. 14 & 15. CENTRAL FLYWAY Colorado ...... Ducks, dark geese, mergansers, and coots ...... Mountain/Foothills Zone ...... Sept. 28 & 29. Northeast Zone ...... Oct. 5 & 6. Southeast Zone ...... Oct. 19 & 20. Kansas 4 ...... Deferred. Montana ...... Ducks, geese, mergansers, and coots ...... Sept. 21 & 22. Nebraska 5 ...... Ducks, geese, mergansers, and coots ...... Deferred. New Mexico ...... Ducks, mergansers, coots, and moorhens ...... North Zone ...... Sept. 28 & 29. South Zone ...... Oct. 12 & 13. North Dakota ...... Ducks, geese, mergansers, and coots ...... Sept. 14 & 15. Oklahoma ...... Deferred. South Dakota 6 ...... Ducks, Canada geese, mergansers, and coots ...... Sept. 21 & 22. Texas ...... Deferred. Wyoming ...... Ducks, geese, mergansers, and coots ...... Zone 1 ...... Sept. 28 & 29. Zone 2 ...... Sept. 14 & 15. PACIFIC FLYWAY Arizona ...... Deferred. California ...... Ducks, geese, mergansers, coots, moorhens, gallinules, and brant ...... Deferred. Colorado ...... Ducks, geese, mergansers, and coots ...... Oct. 12 & 13. Idaho ...... Ducks, Canada geese, mergansers, coots, moorhens, and gallinules ...... Sept. 28 & 29. Montana ...... Ducks, geese, mergansers, and coots ...... Sept. 21 & 22. Nevada ...... Ducks, geese, mergansers, coots, moorhens, and gallinules ...... Northeast Zone ...... Sept. 14 & 15. Rest of State ...... Deferred. New Mexico ...... Ducks, mergansers, moorhens, and coots ...... Oct. 5 & 6. Oregon 7 ...... Ducks, Canada geese, mergansers, coots, moorhens, and gallinules ...... Sept. 21 & 22. Utah ...... Ducks, geese, mergansers, coots, moorhens, and gallinules ...... Sept. 28. Washington ...... Ducks, Canada geese, mergansers, and coots ...... Sept. 21 & 22.

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Season dates

Wyoming ...... Ducks, dark geese, mergansers, and coots ...... Sept. 14 & 15. 1 In Maryland, the accompanying adult must be at least 21 years of age and possess a valid Maryland hunting license (or be exempt from the license requirement). This accompanying adult may not shoot or possess a firearm. 2 In New York, the daily bag limit for Canada geese is 2. 3 In West Virginia, the accompanying adult must be at least 21 years of age. 4 In Kansas, the adult accompanying the youth must possess any licenses and/or stamps required by law for that individual to hunt waterfowl. 5 In Nebraska, see State regulations for additional information on the daily bag limit. 6 In South Dakota, the limit for Canada geese is 3, except in areas where the Special Early Canada goose season is open. In those areas, the limit is the same as for that special season. 7 In Oregon, the goose season is closed for the youth hunt in the Northwest Special Permit Goose Zone and the Northwest General Zone.

■ 7. Section 20.106 is revised to read as descriptions were published in the July law enforcement officer upon request. follows: 26, 2013, Federal Register (78 FR The permit is not transferable or 45376). assignable to another individual, and § 20.106 Seasons, limits, and shooting Federally authorized, State-issued may not be sold, bartered, traded, or hours for sandhill cranes. permits are issued to individuals, and otherwise provided to another person. If Subject to the applicable provisions of only the individual whose name and the permit is altered or defaced in any the preceding sections of this part, areas address appears on the permit at the way, the permit becomes invalid. open to hunting, respective open time of issuance is authorized to take CHECK STATE REGULATIONS FOR seasons (dates inclusive), shooting and sandhill cranes at the level allowed by AREA DESCRIPTIONS AND ANY hawking hours, and daily bag and the permit, in accordance with ADDITIONAL RESTRICTIONS. possession limits on the species provisions of both Federal and State Note: States with deferred seasons may designated in this section are as follows: regulations governing the hunting select those seasons at the same time they Shooting and hawking hours are one- season. The permit must be carried by select waterfowl seasons in August. Consult half hour before sunrise until sunset, the permittee when exercising its late-season regulations for further except as otherwise noted. Area provisions and must be presented to any information.

Limits Season dates Bag Possession

MISSISSIPPI FLYWAY Kentucky ...... Deferred ...... Minnesota 1 NW Goose Zone ...... Sept. 14–Oct. 20 ...... 2 6 Tennessee 1 ...... Deferred ...... CENTRAL FLYWAY Colorado 1 ...... Oct. 5–Dec. 1 ...... 3 9 Kansas 123 ...... Nov. 6–Jan. 2 ...... 3 9 Montana Regular Season Area 1 ...... Sept. 28–Nov. 24 ...... 3 *9 Special Season Area 4 ...... Sept. 7–Sept. 29 ...... *2 *2 New Mexico Regular Season Area 1 ...... Oct. 31–Jan. 31 ...... 3 6 Middle Rio Grande Valley Oct. 26–Oct. 27 & ...... *2 *2 Area 45 ...... Nov. 9–Nov. 10 & ...... *2 *2 Nov. 16–Nov. 17 & ...... *2 *2 Nov. 30–Dec. 1 & ...... *2 *2 Jan. 11–Jan. 12 ...... *2 *2 Southwest Area 4 ...... Oct. 26–Nov. 3 & ...... *2 *2 Jan. 4–Jan. 5 ...... *2 *2 Estancia Valley 4 ...... Oct. 26–Nov. 3 *2 *2 North Dakota 1 Area 1 ...... Sept. 14–Nov. 10 ...... 3 9 Area 2 ...... Sept. 14–Nov. 10 ...... 2 6 Oklahoma 1 ...... Deferred ...... South Dakota 1 ...... Sept. 28–Nov. 24 ...... 3 6 Texas 1 ...... Deferred ...... Wyoming Regular Season (Area 7) 1 ...... Sept. 14–Nov. 10 ...... 3 6 Riverton-Boysen Unit (Area 4) 4 ...... Sept. 14–Oct. 6 ...... *1 *1 Big Horn, Hot Springs, Park, and Washakie Sept. 14–Oct. 6 ...... *1 *1 Counties (Area 6) 4. PACIFIC FLYWAY Arizona 4 Special Season Area ...... Nov. 8–Nov. 10 & ...... *2 *2 Nov. 15–Nov. 17 & ...... *2 *2 Nov. 19–Nov. 21 & ...... *2 *2 Nov. 23–Nov. 25 & ...... *2 *2 Nov. 27–Nov. 29 & ...... *2 2 Dec. 6–Dec. 8 ...... *2 *2 Lower CO River Hunt Area ...... Closed ......

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Limits Season dates Bag Possession

Idaho 4 Areas 1–6 ...... Sept. 1–Sept. 15 ...... *2 *4 Montana Special Season Area 4 ...... Sept. 7–Sept. 29 ...... *2 *2 Utah 4 Rich County ...... Sept. 7–Sept. 15 ...... *1 *1 Cache County ...... Sept. 7–Sept. 15 ...... *1 *1 Eastern Box Elder County ...... Sept. 7–Sept. 15 ...... *1 *1 Uintah County ...... Sept. 21–Oct. 20 ...... *1 *1 Wyoming 4 Bear River Area (Area 1) ...... Sept. 1–Sept. 8 ...... *1 *1 Salt River Area (Area 2) ...... Sept. 1–Sept. 8 ...... *1 *1 Eden-Farson Area (Area 3) ...... Sept. 1–Sept. 8 ...... *1 *1 Uinta County (Area 5) ...... Sept. 1–Sept. 8 ...... *1 *1 1 Each person participating in the regular sandhill crane seasons must have a valid sandhill crane hunting permit and/or a State-issued Harvest Information Survey Program (HIP) certification for game bird hunting in their possession while hunting. 2 In Kansas, shooting hours are from sunrise until sunset. 3 In Kansas, each person desiring to hunt sandhill cranes is required to pass an annual, online sandhill crane identification examination. 4 Hunting is by State permit only. See State regulations for further information. 5 In New Mexico, in the Middle Rio Grande Valley Area, the season is only open for youth hunters on November 9. See State regulations for further details. * Per season.

■ 8. Section 20.109 is revised to read as extended seasons for ducks, mergansers, The falconry bag and possession limits follows: and coots, area descriptions were are not in addition to regular season published in an August 22, 2013 limits. Unless otherwise specified, § 20.109 Extended seasons, limits, and hours for taking migratory game birds by Federal Register and will be published extended falconry for ducks does not falconry. again in a late-September 2013, Federal include sea ducks within the special sea Register. Subject to the applicable provisions of duck areas. Only extended falconry CHECK STATE REGULATIONS FOR the preceding sections of this part, areas seasons are shown below. Many States AREA DESCRIPTIONS AND ANY open to hunting, respective open permit falconry during the gun seasons. ADDITIONAL RESTRICTIONS. seasons (dates inclusive), hawking Please consult State regulations for hours, and daily bag and possession Daily bag limit—3 migratory birds, details. limits for the species designated in this singly or in the aggregate. For ducks, mergansers, coots, geese, section are prescribed as follows: Possession limit—9 migratory birds, and some moorhen seasons; additional Hawking hours are one-half hour singly or in the aggregate. season days occurring after September before sunrise until sunset except as These limits apply to falconry during 30 will be published with the late- otherwise noted. Area descriptions were both regular hunting seasons and season selections. Some States have published in the July 26, 2013, Federal extended falconry seasons—unless deferred selections. Consult late-season Register (78 FR 45376). For those further restricted by State regulations. regulations for further information.

Extended falconry dates

ATLANTIC FLYWAY Delaware Doves ...... Sept. 30–Oct. 19 & Jan. 13–Jan. 29. Rails ...... Nov. 11–Dec. 18. Woodcock and snipe ...... Sept. 30–Oct. 5 & Jan. 15–Mar. 10. Florida Doves ...... Oct. 29–Nov. 15 & Dec. 2–Dec. 13 & Jan. 13–Jan. 19. Rails ...... Nov. 10–Dec. 16. Woodcock ...... Nov. 24–Dec. 17 & Feb. 1–Mar. 10. Common moorhens ...... Nov. 10–Dec. 14. Georgia Moorhens, gallinules, and sea ducks ...... Dec. 2–Dec. 6 & Jan. 27–Jan. 29. Maryland Doves ...... Oct. 6–Oct. 31 & Jan. 2–Jan. 12. Rails ...... Nov. 10–Dec. 17. Woodcock ...... Oct. 1–Oct. 30 & Feb. 7–Mar. 10. North Carolina Doves ...... Oct. 12–Nov. 16. Rails, moorhens, and gallinules ...... Nov. 23–Dec. 28. Woodcock ...... Nov. 4–Dec. 7 & Feb. 1–Feb. 28. Pennsylvania Doves ...... Sept. 30–Oct. 25 & Dec. 2–Dec. 12. Rails ...... Nov. 11–Dec. 18. Woodcock and snipe ...... Sept. 2–Oct. 18 & Dec. 2–Dec. 18. Moorhens and gallinules ...... Nov. 11–Dec. 18.

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Extended falconry dates

Virginia Doves ...... Oct. 15–Oct. 18 & Dec. 18–Dec. 30 & Jan. 12–Jan. 31. Woodcock ...... Oct. 17–Oct. 25 & Nov. 2–Dec. 4 & Jan. 12–Jan. 31. Rails, moorhens, and gallinules ...... Sept. 29 & Nov. 17–Dec. 22. MISSISSIPPI FLYWAY Illinois Doves ...... Oct. 28–Nov. 1 & Nov. 15–Dec. 16. Rails ...... Sept. 1–Sept. 6 & Nov. 16–Dec. 16. Woodcock ...... Sept. 1–Oct. 18 & Dec. 3–Dec. 16. Indiana Doves ...... Oct. 23–Nov. 7 & Jan. 1–Jan. 21. Woodcock ...... Sept. 20–Oct. 14 & Nov. 29–Jan. 4. Ducks, mergansers, and coots North Zone 1 ...... Sept. 27–Sept. 30. Louisiana Doves ...... Sept. 16–Oct. 2. Woodcock ...... Oct. 28–Dec. 17 & Feb. 1–Feb. 11. Minnesota Woodcock ...... Sept. 1–Sept. 20 & Nov. 5–Dec. 16. Rails and snipe ...... Nov. 5–Dec. 16. Doves ...... Nov. 10–Dec. 16. Missouri Doves ...... Nov. 10–Dec. 16. Ducks, mergansers, and coots ...... Sept. 7–Sept. 22. Ohio Ducks, coots, and geese ...... Sept. 1–Sept. 22. Tennessee Doves ...... Sept. 27–Oct. 11 & Oct. 28–Nov. 14. Ducks 1 ...... Sept. 15–Oct. 20. Wisconsin Rails, snipe, moorhens, and gallinules 1 ...... Sept. 1–Sept. 20. Woodcock ...... Sept. 1–Sept. 20. Ducks, mergansers, and coots ...... Sept. 14–Sept. 15. CENTRAL FLYWAY Montana 2 Ducks, mergansers, and coots 1 ...... Sept. 18–Sept. 27. Nebraska Ducks, mergansers, and coots Zone 1 ...... Sept. 7–Sept. 22. Zone 2: Low Plains ...... Sept. 7–Sept. 22. High Plains ...... Sept. 7–Sept. 15. Zone 3 ...... Sept. 7–Sept. 15. Zone 4 ...... Sept. 7–Sept. 22 New Mexico Doves North Zone ...... Nov. 10–Nov. 12 & Nov. 28–Dec. 31. South Zone ...... Oct. 10–Nov. 12 & Nov. 28–Nov. 30. Band-tailed pigeons North Zone ...... Sept. 21–Dec. 16. South Zone ...... Oct. 21–Jan. 15. Ducks and coots ...... Sept. 14–Sept. 22. Sandhill cranes Regular Season Area ...... Oct. 17–Oct. 30. Estancia Valley Area 3 ...... Nov. 4–Dec. 24. Common moorhens Dec. 8–Jan. 13. Sora and Virginia rails Nov. 24–Dec. 30. North Dakota Ducks, mergansers, coots, and snipe ...... Sept. 2–Sept. 6 & Sept. 9–Sept. 13. South Dakota Ducks, mergansers, and coots 1 High Plains ...... Sept. 1–Sept. 8 Low Plains: North Zone ...... Sept. 1–Sept. 14 & Sept. 18–Sept. 22. Middle Zone ...... Sept. 1–Sept. 14 & Sept. 16–Sept. 20. South Zone ...... Sept. 1–Sept. 14 & Sept. 18–Sept. 22. Texas Doves ...... Nov. 9–Dec. 15. Rails, gallinules, and woodcock ...... Jan. 27–Feb. 10. Wyoming Rails ...... Nov. 10–Dec. 16. Ducks, mergansers, and coots

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Extended falconry dates

Zone 1 ...... Oct. 23–Oct. 30. Zone 2 & 3 ...... Sept. 16–Sept. 20 & Dec. 2–Dec. 4. PACIFIC FLYWAY Arizona Doves ...... Sept. 16–Nov. 1. New Mexico Doves North Zone ...... Nov. 10–Nov. 12 & Nov. 28–Dec. 31. South Zone ...... Oct. 10–Nov. 12 & Nov. 28–Nov. 30. Band–tailed pigeons North Zone ...... Sept. 21–Dec. 16. South Zone ...... Oct. 21–Jan. 15. Oregon Doves ...... Oct. 1–Dec. 16. Band–tailed pigeons 4 ...... Sept. 1–Sept. 14 & Sept. 24–Dec. 16. Utah Doves and band-tailed pigeons ...... Oct. 1–Dec. 16. Washington Doves ...... Oct. 1–Dec. 16. Wyoming Rails ...... Nov. 10–Dec. 16. Ducks, mergansers, and coots 1 ...... Sept. 14–Sept. 15. 1 Additional days occurring after September 30 will be published with the late-season selections. 2 In Montana, the bag limit is 2 and the possession limit is 6. 3 In New Mexico, the bag limit for sandhill cranes in the Estancia Valley Area is 2 per day and the possession limit is 2 per season. 4 In Oregon, no more than 1 pigeon daily in bag or possession.

[FR Doc. 2013–20984 Filed 8–27–13; 8:45 am] BILLING CODE 4310–55–P

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Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2013–14 Early Season; Final Rule

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DEPARTMENT OF THE INTERIOR special migratory bird hunting discussed in the August 2 proposed regulations for the 2013–14 hunting rule, which set forth paragraphs (a) Fish and Wildlife Service season for certain Indian tribes, under through (dd). Late-season hunting will the guidelines described in the June 4, be addressed in late September. As a 50 CFR Part 20 1985, Federal Register (50 FR 23467). general rule, early seasons begin during The guidelines respond to tribal [Docket No. FWS–HQ–MB–2013–0057; September each year and have a primary FF09M21200–134–FXMB1231099BPP0] requests for Service recognition of their emphasis on such species as mourning reserved hunting rights, and for some and white-winged doves. Late seasons RIN 1018–AY87 tribes, recognition of their authority to begin about October 1 or later each year regulate hunting by both tribal members and have a primary emphasis on Migratory Bird Hunting; Migratory Bird and nonmembers on their reservations. waterfowl. Hunting Regulations on Certain The guidelines include possibilities for: Federal Indian Reservations and (1) On-reservation hunting by both Population Status and Harvest Ceded Lands for the 2013–14 Early tribal members and nonmembers, with Information on the status of waterfowl Season hunting by nontribal members on some and information on the status and reservations to take place within Federal AGENCY: Fish and Wildlife Service, harvest of migratory shore and upland frameworks but on dates different from Interior. game birds, including detailed those selected by the surrounding information on methodologies and ACTION: Final rule. State(s); results, is available at the address (2) On-reservation hunting by tribal SUMMARY: This rule prescribes special indicated under FOR FURTHER members only, outside of usual Federal early-season migratory bird hunting INFORMATION CONTACT or from our Web frameworks for season dates and length, site at http://www.fws.gov/ regulations for certain tribes on Federal and for daily bag and possession limits; Indian reservations, off-reservation trust migratorybirds/ and NewsPublicationsReports.html. lands, and ceded lands. This rule (3) Off-reservation hunting by tribal responds to tribal requests for U.S. Fish members on ceded lands, outside of Comments and Issues Concerning and Wildlife Service (hereinafter usual framework dates and season Tribal Proposals Service or we) recognition of tribal length, with some added flexibility in authority to regulate hunting under daily bag and possession limits. For the 2013–14 migratory bird established guidelines. This rule allows In all cases, the regulations hunting season, we proposed the establishment of season bag limits established under the guidelines must regulations for 30 tribes and/or Indian and, thus, harvest, at levels compatible be consistent with the March 10– groups that followed the 1985 with populations and habitat September 1 closed season mandated by guidelines. Only 27 tribes were conditions. the 1916 Migratory Bird Treaty with considered appropriate for final rulemaking because we did not receive DATES: This rule takes effect on Canada. We have successfully used the proposals from 3 of the tribes for whom September 1, 2013. guidelines since the 1985–86 hunting season. We finalized the guidelines we had proposed regulations. Some of ADDRESSES: You may inspect comments the tribal proposals had both early- and received on the special hunting beginning with the 1988–89 hunting season (August 18, 1988, Federal late-season elements. However, as noted regulations and tribal proposals during earlier, only those with early-season normal business hours in room 4107, Register [53 FR 31612]). In the April 9, 2013, Federal Register (78 FR 21200), proposals are included in this final Arlington Square Building, 4501 N. rulemaking; 24 tribes have proposals Fairfax Drive, Arlington, VA or at http:// we requested that tribes desiring special hunting regulations in the 2013–14 with early seasons. The comment period www.regulations.gov at Docket No. for the proposed rule, published on FWS–HQ–MB–2013–0057. hunting season submit a proposal for our review. August 2, 2013, closed on August 12, FOR FURTHER INFORMATION CONTACT: Ron No action is required if a tribe wishes 2013. Because of the necessary brief W. Kokel, U.S. Fish and Wildlife to observe the hunting regulations comment period, we will respond to any Service, Department of the Interior, MS established by the State(s) in which an comments on the proposed rule and/or MBSP–4107–ARLSQ, 1849 C Street Indian reservation is located. On August these regulations postmarked by August NW., Washington, DC 20240; (703) 358– 2, 2013, we published a proposed rule 12, but not received prior to final action 1714. that included special migratory bird by us, in the September late-season final SUPPLEMENTARY INFORMATION: The hunting regulations for 30 Indian tribes, rule. At this time, we have received two Migratory Bird Treaty Act (MBTA) of based on the input we received in comments. July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 response to the April 9, 2013, proposed Great Lakes Indian Fish and Wildlife et seq.), authorizes and directs the rule. All the regulations contained in Commission’s (GLIFWC) Proposal Secretary of the Department of the this final rule were either submitted by Interior, having due regard for the zones the tribes or approved by the tribes and We received comments on GLIFWC’s of temperature and for the distribution, follow our proposals in the August 2 initial proposal from the Mississippi abundance, economic value, breeding proposed rule. Flyway Council and the State of habits, and times and lines of flight of Although the August 2 proposed rule Wisconsin. migratory game birds, to determine included generalized regulations for The Mississippi Flyway Council when, to what extent, and by what both early- and late-season hunting, this recommended denial of GLIFWC’s means such birds or any part, nest, or rulemaking addresses only the early- waterfowl hunting season requests egg thereof may be taken, hunted, season proposals. Therefore, it includes regarding the use of electronic calls, a captured, killed, possessed, sold, information for only 24 tribes. The letter swan season in primary trumpeter swan purchased, shipped, carried, exported, designations for the paragraphs breeding range, and extending shooting or transported. pertaining to each tribe in this rule are hours to 45 minutes before sunrise and In the August 2, 2013, Federal discontinuous because they follow the after sunset. The Council supported the Register (78 FR 47136), we proposed letter designations for the 30 tribes GLIFWC’s expansion of non-toxic shot

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use and a bag limit of 2 for sandhill GLIFWC states that the regulatory and are generally not considered a cranes. changes are intended to provide tribal legitimate component of hunting. In The State of Wisconsin, Department members a harvest opportunity within 1999, after much debate, the migratory of Natural Resources (WIDNR) noted the the scope of rights reserved in their bird regulations were revised to allow long history of working cooperatively various treaties and increase tribal the use of electronic calls for the take of with GLIFWC and individual tribes in subsistence harvest opportunities, while light geese (lesser snow geese and Ross the conservation of Wisconsin’s protecting migratory bird populations. geese) during a light-goose-only season waterfowl and wetland resources. Under the GLIFWC proposed when all other waterfowl and crane However, WIDNR believed the most regulations, GLIFWC expects total ceded hunting seasons, excluding falconry, significant problem with the GLIFWC territory harvest to be approximately were closed (64 FR 7507, February 16, proposal was the request to allow tribal 1,575 ducks, 300 geese, 50 sandhill 1999; 64 FR 71236, December 20, 1999; members to hunt with the use of cranes, and 50 tundra swans, which is 73 FR 65926, November 5, 2008). The electronic calls for ducks and geese roughly similar to anticipated levels in regulations were also changed in 2006, within the ceded territory. WIDNR previous years for those species for to allow the use of electronic calls for believes that, since the ceded territory which seasons were established. the take of resident Canada geese during covers one-third of the State of GLIWFC further anticipates that tribal Canada-goose-only September seasons Wisconsin, one-half of the State of harvest will remain low given the small when all other waterfowl and crane Michigan, significant areas of number of tribal hunters and the limited seasons, excluding falconry, were closed Minnesota, and significant areas of opportunity to harvest more than a (71 FR 45964, August 10, 2006). In both public hunting grounds and waters in small number of birds on most hunting instances, these changes were made in those States, the use of electronic calls trips. order to significantly increase the take by tribal hunters would put any Recent GLIFWC harvest surveys of these species due to either serious nontribal hunters in violation of the law (1996–98, 2001, 2004, and 2007–08, population overabundance, depredation when hunting in these areas. Thus, 2011, and 2012) indicate that tribal off- issues, or public health and safety GLIFWC’s proposal would, in effect, reservation waterfowl harvest has issues, or a combination of these. close public lands to hunting, increase averaged fewer than 1,100 ducks and Available information from the use of conflicts among the hunting public, and 250 geese annually. In the latest survey additional hunting methods, such as create a safety concern and an year for which we have specific results electronic calls, during the special light- unmanageable law enforcement (2004), an estimated 53 hunters took an goose seasons indicate that total harvest environment. WIDNR also opposed the estimated 421 trips and harvested 645 increased approximately 50 to 69 extension of shooting hours to 45 ducks (1.5 ducks per trip) and 84 geese percent. On specific days when light- minutes before sunrise and 45 minutes (0.2 geese per trip). Analysis of hunter goose special regulations were in effect, past sunset because of safety and survey data over 1996–2004 indicates a the mean light goose harvest increased resource concerns. WIDNR also believes general downward trend in both harvest 244 percent. One research study found that a tribal tundra and trumpeter swan and hunter participation. GLIFWC is that lesser snow goose flocks were 5.0 hunting season in the ceded territory still completing a survey initiated after times more likely to fly within gun should not be implemented in 2013, the 2012 season to determine if any range (≤50 meters) in response to because additional biological evaluation increase in harvest occurred following electronic calls than to traditional calls, and harvest planning should be several regulation changes. and the mean number of snow geese conducted, especially in light of While we acknowledge that tribal killed per hour per hunter averaged 9.1 trumpeter swan issues. WIDNR asks that harvest and participation has declined times greater for electronic calls than for the same criteria of not implementing in recent years, we do not believe that traditional calls. While these results are duck hunting seasons prior to some of the GLIFWC’s proposal for only directly applicable to light geese, September 15 because of impacts to tribal waterfowl seasons on ceded lands we believe these results are applicable breeding ducks in Wisconsin be applied in Wisconsin, Michigan, and Minnesota to most waterfowl species, and to tribal seasons as well. WIDNR was for the 2013–14 season is in the best indicative of some likely adverse supportive of the tribal sandhill crane interest of the conservation of migratory harvest impacts on other geese and daily bag limit increase from one to two birds. More specific discussion follows ducks. and the use of nontoxic shot for all below. Removal of the electronic call prohibition would be inconsistent with migratory bird hunting. Allowing Electronic Calls Service Response: The GLIFWC 2013 our long-standing conservation proposal has several significant changes As we stated the last two years (76 FR concerns. Given available evidence on from regulations approved last season. 54676, September 1, 2011; 77 FR 54451, the effectiveness of electronic calls, and In the 1837 and 1842 Treaty Areas, the September 5, 2012), the issue of the large biological uncertainty GLIFWC proposal would allow the use allowing electronic calls and other surrounding any widespread use of of electronic calls through September electronic devices for migratory game electronic calls, we believe the potential 20; would extend shooting hours by 45 bird hunting has been highly debated for overharvest could contribute to long- minutes before sunrise and after sunset; and highly controversial over the last 40 term population declines. Further, would increase the daily bag limit from years, similar to other prohibited migratory patterns could be affected, 1 to 2 sandhill cranes; would allow the hunting methods such as baiting. and it is possible that hunter first hunting season of swans; would Electronic calls, i.e., the use or aid of participation could increase beyond open the season for several species recorded or electronic amplified bird GLIFWC’s estimates (50 percent) and (other than geese) to September 1; and calls or sounds, or recorded or could result in additional conservation would require nontoxic shot for all electrically amplified imitations of bird impacts, particularly on locally breeding migratory bird hunting. In the 1836 calls or sounds to lure or attract populations. Thus, we continue to not Treaty Area, the GLIFWC’s proposal migratory game birds to hunters, were support allowing the use of electronic would open the season for several Federally prohibited in 1957, because of calls in the 1837 and 1842 Treaty Areas. species to September 1 to align with the their effectiveness in attracting and Additionally, given the fact that tribal goose season. aiding the harvest of ducks and geese waterfowl hunting covered by this

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proposal would occur on ceded lands Tribe and we would closely monitor on September 1 in the 1836, 1837, and that are not in the ownership of the tribal harvest. 1842 ceded areas. We are proposing this Tribes, we believe the use of electronic Last year, in deference to tribal change in the interest of our long-term calls to take waterfowl would lead to traditions and in the interest of relationship with GLIWFC and the confusion on the part of the public, cooperation, and despite our previously understanding that if significant wildlife-management agencies, and law identified concerns regarding species conservation impacts are discovered, we enforcement officials in implementing identification, species conservation of would adjust the duck season opening the requirements of 50 CFR part 20. locally breeding populations, retrieval date accordingly. However, we note that Further, similar to the impacts of of downed birds, hunter safety, and law a September 1 opening date for ducks baiting, uncertainties concerning the enforcement impacts, we approved would preclude any use of electronic shooting 30 minutes after sunset (an zone of influence attributed to the use calls for Canada geese. of electronic calls could potentially extension of 15 minutes from the then- increase harvest from nontribal hunters current 15 minutes after sunset) (77 FR Sandhill Crane Daily Bag Limit operating within areas electronic calls 54451, September 5, 2012). This was are being used during the dates of the consistent with other Tribes in the We have no objections to the general hunt, thereby posing risks to the general area (Fond du Lac, Leech Lake, proposed increase of the sandhill crane migratory patterns and distribution of Oneida, Sault Ste Marie, and White daily bag limit from one to two in the migratory waterfowl. Earth). Extending shooting hours on 1837 and 1842 Treaty Areas. We note Lastly, we remind GLIFWC that both the front end and the back end of that at least two other Tribes currently electronic calls are permitted for the the day to 45 minutes before sunrise and have a sandhill crane season (see ‘‘(c) take of resident Canada geese during 45 minutes after sunset as GLIWFC has Fond du Lac Band of Lake Superior Canada-goose-only September seasons proposed would be contrary to public Chippewa Indians’’ in Minnesota and when all other waterfowl and crane safety and only heightens our ‘‘(d) Grand Traverse Band of Ottawa and seasons are closed. In the case of previously identified concerns. It is Chippewa Indians’’ in Michigan GLIFWC’s proposed seasons, electronic widely considered dark 45 minutes after elsewhere in this rule). All cranes in calls could be used September 1–14 for sunset (and 45 minutes before sunrise), these current and proposed hunt areas resident Canada geese (as long as and we see no viable remedies to allay are Eastern Population (EP) sandhill GLIFWC’s duck and crane season begins our concerns. Shooting this early or late cranes. EP sandhill cranes rebounded no earlier than September 15; see would also significantly increase the from near extirpation in the late 1800s further discussion below under Earlier potential take of non-game birds. Thus, to over 30,000 cranes by 1996, and the Season Opening Date). This specific we cannot support increasing the 2012 EP sandhill crane fall survey index regulatory change was implemented in shooting hours by an additional 15 (87,796) increased by 21 percent from 2006, in order to significantly control minutes in the 1837 and 1842 Treaty 2011. As a result of this rebound and resident Canada geese due to Areas (to 45 minutes before sunrise and widespread population overabundance, 45 minutes after sunset). their continued range expansion, the depredation issues, and public health Atlantic and Mississippi Flyway Earlier Season Opening Date and safety issues. Councils developed a cooperative The Migratory Bird Treaty Act allows management plan for this population, Expanded Shooting Hours the hunting of migratory game birds and criteria were developed describing Normally, shooting hours for beginning September 1. Generally, we when hunting seasons could be opened. migratory game birds are one-half hour have tried to guide Tribes to select an The State of Kentucky held its first before sunrise to sunset. A number of opening date for duck hunting of no hunting season on this population in reasons and concerns have been cited earlier than September 15. This 2011–12 (harvesting 92 cranes last year), for extending shooting hours past guidance is based on our concern that and the State of Tennessee is proposing sunset. Potential impacts to some hunting prior to September 15 a new experimental season this year locally breeding populations (e.g., wood significantly increases the potential for with a maximum allowed harvest of ducks), hunter safety, difficulty of taking ducks that have not yet fully 2,325 cranes (78 FR 45376, July 26, identifying birds, retrieval of downed fledged (normally the result of late- 2013). Further, allowance for Tribal birds, and impacts on law enforcement nesting or renesting hens) or species harvest is specifically considered in the are some of the normal concerns raised misidentification due to the fact that EP plan. when discussing potential expansions of some species and/or sexes are not yet shooting hours. However, despite these readily distinguishable. While these GLIFWC reported that only 2 cranes concerns, in 2007, we supported the impacts primarily concern locally- were harvested last year in their expansion of shooting hours by 15 breeding ducks, the potential does exist inaugural crane season and estimates minutes after sunset in the 1837, 1842, for the take of molt migrants, i.e., birds that no more than 20 cranes will be and 1836 Treaty Areas (72 FR 58452, that have specifically migrated to an harvested during the proposed season. October 15, 2007). We had previously area to complete the molting process. We further note that two cranes were supported this expansion in other tribal Last year, we allowed GLIFWC to open harvested in 2011, in the inaugural areas and have not been made aware of the general duck season on September 4 Fond du Lac sandhill crane season, and any wide-scale problems. Further, at in the 1836, 1837, and 1842 ceded areas. none last year. While we support the that time, we believed that the While we would prefer that GLIFWC not increase in the crane daily bag limit, continuation of a specific species implement such a change at this time given the need to closely monitor the restriction within the daily bag limit for until we can see any impacts associated harvest of this species, we suggest that mallards, and the implementation of a with the earlier September opening GLIFWC closely track crane harvest, species restriction within the daily bag date, we see no significant conservation similar to that implemented by Fond du limit for wood ducks, would allay implications given the small date Lac and Grand Traverse, which could potential conservation concerns for change and the relatively small numbers include a tag or permit type system as these species. We supported the of tribal hunters and we are willing to recommended in the EP management increase with the understanding that the allow GLIFWC to begin the duck season plan.

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Swan Season Flyway Councils in 2007, and guides the continued existence of endangered As we stated last year (77 FR 54451, the management and harvest of EP or threatened species or result in the September 5, 2012), we are not opposed tundra swans. destruction or adverse modification of to the establishment of a tundra swan For these reasons, we do not believe their critical habitat. Findings from season in Wisconsin. Further, we are that a tribal swan hunting season in the these consultations are included in a ceded territory should be implemented not conceptually opposed to the biological opinion, which concluded this year. Given that all these concerns establishment of a general swan season. that the regulations are not likely to can be worked through, we do not However, the establishment of a new jeopardize the continued existence of believe that implementation of a swan swan season in the ceded territory areas any endangered or threatened species. season is unrealistic. We note that both in question involves several significant Additionally, these findings may have the Service and the State wildlife concerns and special considerations. We caused modification of some regulatory agencies have considerable trumpeter believe these concerns need further measures previously proposed, and the swan information that would be helpful final frameworks reflect any such study and consideration before any in conducting additional biological modifications. Our biological opinions implementation of a new swan season evaluation and harvest planning, and resulting from this section 7 in the ceded territories. Our position has are available to work with GLIFWC on consultation are public documents not changed. these issues. First, the proposed areas in question available for public inspection at the are home to significant numbers of National Environmental Policy Act address indicated under ADDRESSES. trumpeter swans. While the GLIFWC’s (NEPA) Regulatory Planning and Review proposed season is for both tundra and The programmatic document, (Executive Orders 12866 and 13563) trumpeter swans, there are important ‘‘Second Final Supplemental Executive Order 12866 provides that differences that require careful Environmental Impact Statement: the Office of Information and Regulatory consideration. Many cooperators, Issuance of Annual Regulations Affairs (OIRA) will review all significant including GLIFWC, worked together to Permitting the Sport Hunting of rules. OIRA has reviewed this rule and reestablish a breeding trumpeter swan Migratory Birds (EIS 20130139),’’ filed has determined that this rule is population in the Great Lakes. These with the Environmental Protection significant because it would have an efforts have been largely successful with Agency (EPA) on May 24, 2013, annual effect of $100 million or more on the removal of this species from addresses NEPA compliance by the the economy. Wisconsin’s endangered species list in Service for issuance of the annual Executive Order 13563 reaffirms the 2009. After a 25-year recovery program, framework regulations for hunting of principles of E.O. 12866 while calling there are currently about 200 breeding migratory game bird species. We for improvements in the nation’s pairs in Wisconsin. We have significant published a notice of availability in the regulatory system to promote concerns at this time concerning the Federal Register on May 31, 2013 (78 predictability, to reduce uncertainty, harvest of trumpeter swans by tribal FR 32686), and our Record of Decision and to use the best, most innovative, hunters hunting during a swan season. on July 26, 2013 (78 FR 45376). We also and least burdensome tools for Further, within Wisconsin, the northern address NEPA compliance for waterfowl achieving regulatory ends. The ceded territory is an area of high hunting frameworks through the annual executive order directs agencies to trumpeter swan use containing over 80 preparation of separate environmental consider regulatory approaches that percent of the breeding pairs. We assessments, the most recent being reduce burdens and maintain flexibility believe such areas should be avoided ‘‘Duck Hunting Regulations for 2013– and freedom of choice for the public either temporally or geographically to 14,’’ with its corresponding August 19, where these approaches are relevant, the extent possible. When a hunting 2013, finding of no significant impact. feasible, and consistent with regulatory season on swans (either tundra, In addition, an August 1985 objectives. E.O. 13563 emphasizes trumpeters, or both) is ultimately environmental assessment entitled further that regulations must be based implemented, we believe it would be ‘‘Guidelines for Migratory Bird Hunting on the best available science and that best to focus hunting efforts on the Regulations on Federal Indian the rulemaking process must allow for primary tundra swan migration Reservations and Ceded Lands’’ is public participation and an open concentrations while avoiding areas of available from the address indicated exchange of ideas. We have developed significant trumpeter swan numbers. under the caption FOR FURTHER this rule in a manner consistent with Unfortunately, most such areas are INFORMATION CONTACT. these requirements. located outside of the ceded territories An economic analysis was prepared of northern Wisconsin. GLIWFC’s Endangered Species Act Consideration for the 2013–14 season. This analysis proposal to not open the season until Section 7 of the Endangered Species was based on data from the 2011 November 1, when they state that Act of 1973, as amended (16 U.S.C. 1531 National Hunting and Fishing Survey, migrant swans have typically arrived et seq.), provides that, ‘‘The Secretary the most recent year for which data are into the ceded areas in appreciable shall review other programs available (see discussion in Regulatory numbers, does not alleviate our administered by him and utilize such Flexibility Act section below). This previously identified concerns. programs in furtherance of the purposes analysis estimated consumer surplus for In addition to the concerns about of this Act’’ (and) shall ‘‘insure that any three alternatives for duck hunting potential impacts to trumpeter swans, action authorized, funded, or carried out (estimates for other species are not we believe it is imperative that any . . . is not likely to jeopardize the quantified due to lack of data). The tribal swan hunting proposal follow the continued existence of any endangered alternatives are (1) issue restrictive Eastern Population of tundra swans species or threatened species or result in regulations allowing fewer days than management plan, including a quota the destruction or adverse modification those issued during the 2012–13 season, permit system and harvest reporting. of [critical] habitat. . . .’’ Consequently, (2) issue moderate regulations allowing The EP tundra swan management plan we conducted formal consultations to more days than those in alternative 1, was cooperatively developed by the ensure that actions resulting from these and (3) issue liberal regulations Atlantic, Central, and Mississippi regulations would not likely jeopardize identical to the regulations in the 2012–

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13 season. For the 2013–14 season, we a collection of information unless it Government-to-Government chose Alternative 3, with an estimated displays a currently valid OMB control Relationship with Tribes consumer surplus across all flyways of number. OMB has reviewed and In accordance with the President’s $317.8–$416.8 million. We also chose approved the information collection memorandum of April 29, 1994, alternative 3 for the 2009–10, the 2010– requirements associated with migratory ‘‘Government-to-Government Relations 11, the 2012–13, and the 2012–13 bird surveys and assigned the following with Native American Tribal seasons. The 2013–14 analysis is part of OMB control numbers: Governments’’ (59 FR 22951), Executive the record for this rule and is available • 1018–0010—Mourning Dove Call Order 13175, and 512 DM 2, we have at http://www.regulations.gov at Docket Count Survey (expires 4/30/2015). evaluated possible effects on Federally- No. FWS–HQ–MB–2013–0057. • 1018–0019—North American recognized Indian tribes and have Regulatory Flexibility Act Woodcock Singing Ground Survey determined that there are no effects on The annual migratory bird hunting (expire 4/30/2015). Indian trust resources. However, in the regulations have a significant economic • 1018–0023—Migratory Bird April 9 Federal Register, we solicited impact on substantial numbers of small Surveys (expires 4/30/2014). Includes proposals for special migratory bird entities under the Regulatory Flexibility Migratory Bird Harvest Information hunting regulations for certain Tribes on Act (5 U.S.C. 601 et seq.). We analyzed Program, Migratory Bird Hunter Federal Indian reservations, off- the economic impacts of the annual Surveys, Sandhill Crane Survey, and reservation trust lands, and ceded lands hunting regulations on small business Parts Collection Survey. for the 2013–14 migratory bird hunting entities in detail as part of the 1981 cost- season. The resulting proposals were benefit analysis. This analysis was Unfunded Mandates Reform Act contained in a separate August 2, 2013, revised annually from 1990–95. In 1995, We have determined and certify, in proposed rule (78 FR 47136). By virtue the Service issued a Small Entity compliance with the requirements of the of these actions, we have consulted with Flexibility Analysis (Analysis), which Unfunded Mandates Reform Act, 2 Tribes affected by this rule. was subsequently updated in 1996, U.S.C. 1502 et seq., that this rulemaking Federalism Effects 1998, 2004, 2008, and 2013. The will not impose a cost of $100 million Due to the migratory nature of certain primary source of information about or more in any given year on local or species of birds, the Federal hunter expenditures for migratory game State government or private entities. Government has been given bird hunting is the National Hunting Therefore, this rule is not a ‘‘significant responsibility over these species by the and Fishing Survey, which is conducted regulatory action’’ under the Unfunded Migratory Bird Treaty Act. We annually at 5-year intervals. The 2013 Analysis Mandates Reform Act. was based on the 2011 National Hunting prescribe frameworks from which the and Fishing Survey and the U.S. Civil Justice Reform—Executive Order States make selections regarding the Department of Commerce’s County 12988 hunting of migratory birds, and we Business Patterns, from which it was employ guidelines to establish special The Department, in promulgating this regulations on Federal Indian estimated that migratory bird hunters rule, has determined that this rule will would spend approximately $1.5 billion reservations and ceded lands. This not unduly burden the judicial system process preserves the ability of the at small businesses in 2013. Copies of and that it meets the requirements of the Analysis are available upon request States and tribes to determine which sections 3(a) and 3(b)(2) of Executive seasons meet their individual needs. from the Division of Migratory Bird Order 12988. Management (see FOR FURTHER Any State or Indian tribe may be more INFORMATION CONTACT) or from our Web Takings Implication Assessment restrictive than the Federal frameworks site at http://www.fws.gov/ at any time. The frameworks are In accordance with Executive Order migratorybirds/ developed in a cooperative process with 12630, this rule, authorized by the NewReportsPublications/SpecialTopics/ the States and the Flyway Councils. Migratory Bird Treaty Act (16 U.S.C. SpecialTopics.html#HuntingRegs or at This process allows States to participate 703–711), does not have significant http://www.regulations.gov at Docket in the development of frameworks from takings implications and does not affect No. FWS–HQ–MB–2013–0057. which they will make selections, any constitutionally protected property thereby having an influence on their Small Business Regulatory Enforcement rights. This rule will not result in the own regulations. These rules do not Fairness Act physical occupancy of property, the have a substantial direct effect on fiscal This rule is a major rule under 5 physical invasion of property, or the capacity, change the roles or U.S.C. 804(2), the Small Business regulatory taking of any property. In responsibilities of Federal or State Regulatory Enforcement Fairness Act. fact, this rule allows hunters to exercise governments, or intrude on State policy For the reasons outlined above, this rule otherwise unavailable privileges and, or administration. Therefore, in will have an annual effect on the therefore, reduce restrictions on the use accordance with Executive Order 13132, economy of $100 million or more. of private and public property. these regulations do not have significant However, because this rule establishes Energy Effects—Executive Order 13211 federalism effects and do not have hunting seasons, we are not deferring sufficient federalism implications to the effective date under the exemption Executive Order 13211 requires warrant the preparation of a federalism contained in 5 U.S.C. 808(1). agencies to prepare Statements of summary impact statement. Energy Effects when undertaking certain Paperwork Reduction Act actions. While this rule is a significant Regulations Promulgation This final rule does not contain any regulatory action under Executive Order The rulemaking process for migratory new information collection that requires 12866, it is not expected to adversely game bird hunting must, by its nature, approval under the Paperwork affect energy supplies, distribution, or operate under severe time constraints. Reduction Act of 1995 (44 U.S.C. 3501 use. Therefore, this action is not a However, we intend that the public be et seq.). We may not conduct or sponsor significant energy action and no given the greatest possible opportunity and you are not required to respond to Statement of Energy Effects is required. to comment. Thus, when the

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preliminary proposed rulemaking was (a) Colorado River Indian Tribes, (c) Fond du Lac Band of Lake published, we established what we Parker, Arizona (Tribal Members and Superior Chippewa Indians, Cloquet, believed were the longest periods Nontribal Hunters). Minnesota (Tribal Members Only). possible for public comment. In doing Doves Ducks this, we recognized that when the comment period closed, time would be Season Dates: Open September 1 1854 and 1837 Ceded Territories: of the essence. That is, if there were a through 15, 2013; then open November Season Dates: Begin September 14 delay in the effective date of these 9 through December 23, 2013. and end November 24, 2013. regulations after this final rulemaking, Daily Bag and Possession Limits: For Daily Bag Limit: 18 ducks, including States and Tribes would have the early season, daily bag limit is 10 no more than 12 mallards (only 3 of insufficient time to select season dates mourning or white-winged doves, which may be hens), 9 black ducks, 9 and limits; to communicate those singly, or in the aggregate. For the late scaup, 9 wood ducks, 9 redheads, 9 selections to us; and to establish and season, the daily bag limit is 10 pintails, and 9 canvasbacks. publicize the necessary regulations and mourning doves. Possession limits are Reservation: procedures to implement their twice the daily bag limits after the first Season Dates: Begin September 1 and decisions. We therefore find that ‘‘good day of the season. end November 24, 2013. cause’’ exists, within the terms of 5 General Conditions: All persons 14 Daily Bag Limit: 12 ducks, including U.S.C. 553(d)(3) of the Administrative years and older must be in possession no more than 8 mallards (only 2 of Procedure Act, and these seasons will, of a valid Colorado River Indian which may be hens), 6 black ducks, 6 therefore, take effect less than 30 days Reservation hunting permit before scaup, 6 redheads, 6 pintails, 6 wood after the date of publication. taking any wildlife on tribal lands. Any ducks, and 6 canvasbacks. person transporting game birds off the Accordingly, with each participating Mergansers Tribe having had an opportunity to Colorado River Indian Reservation must participate in selecting the hunting have a valid transport declaration form. 1854 and 1837 Ceded Territories: seasons desired for its reservation or Other tribal regulations apply, and may Season Dates: Begin September 14 ceded territory on those species of be obtained at the Fish and Game Office and end November 24, 2013. migratory birds for which open seasons in Parker, Arizona. The early season Daily Bag Limit: 15 mergansers, are now prescribed, and consideration will be open from one-half hour before including no more than 6 hooded having been given to all other relevant sunrise until noon. For the late season, mergansers. matters presented, certain sections of shooting hours are from one-half hour Reservation: title 50, chapter I, subchapter B, part 20, before sunrise to sunset. Season Dates: Begin September 1 and subpart K, are hereby amended as set (b) Confederated Salish and Kootenai end November 24, 2013. forth below. Tribes, Flathead Indian Reservation, Daily Bag Limit: 10 mergansers, Pablo, Montana (Tribal Hunters). including no more than 4 hooded List of Subjects in 50 CFR Part 20 Tribal Members Only mergansers. Exports, Hunting, Imports, Reporting Canada Geese: All Areas Ducks (including mergansers) and recordkeeping requirements, Season Dates: Begin September 1 and Transportation, Wildlife. Season Dates: Open September 2, end November 24, 2013. 2013, through March 9, 2014. Daily Bag Limit: 20 geese. Accordingly, part 20, subchapter B, Daily Bag and Possession Limits: The chapter I of title 50 of the Code of Coots and Common Moorhens (Common Tribe does not have specific bag and Federal Regulations is amended as Gallinules) possession restrictions for Tribal follows: members. The season on harlequin duck 1854 and 1837 Ceded Territories: PART 20—[AMENDED] is closed. Season Dates: Begin September 14 and end November 24, 2013. Coots Daily Bag Limit: 20 coots and ■ 1. The authority citation for part 20 common moorhens, singly or in the continues to read as follows: Season Dates: Same as ducks. Daily Bag and Possession Limits: aggregate. Authority: Migratory Bird Treaty Act, 40 Same as ducks. Reservation: Stat. 755, 16 U.S.C. 703–712; Fish and Season Dates: Begin September 1 and Wildlife Act of 1956, 16 U.S.C. 742a–j; Pub. Geese L. 106–108, 113 Stat. 1491, Note Following end November 24, 2013. 16 U.S.C. 703. Season Dates: Same as ducks. Daily Bag Limit: 20 coots and Daily Bag and Possession Limits: common moorhens, singly or in the Note: The following hunting regulations Same as ducks. aggregate. provided for by 50 CFR 20.110 will not General Conditions: Tribal and appear in the Code of Federal Regulations Sandhill Cranes: 1854 and 1837 Ceded because of their seasonal nature.) nontribal hunters must comply with all basic Federal migratory bird hunting Territories: ■ 2. Section 20.110 is revised to read as regulations contained in 50 CFR part 20 Season Dates: Begin September 1 and follows: regarding manner of taking. In addition, end November 25, 2013. shooting hours are sunrise to sunset, Daily Bag Limit: One sandhill crane. § 20.110 Seasons, limits, and other and each waterfowl hunter 16 years of Crane carcass tags are required prior to regulations for certain Federal Indian age or older must carry on his/her hunting. reservations, Indian Territory, and ceded person a valid Migratory Bird Hunting lands. and Conservation Stamp (Duck Stamp) Sora and Virginia Rails: All Areas Unless specifically provided for signed in ink across the stamp face. Season Dates: Begin September 1 and below, all of the regulations contained Special regulations established by the end November 24, 2013. in 50 CFR part 20 apply to the seasons Confederated Salish and Kootenai Daily Bag Limit: 25 sora and Virginia listed herein. Tribes also apply on the reservation. rails, singly or in the aggregate.

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Common Snipe: All Areas Daily Bag Limit: 10 geese. Sora and Virginia Rails Season Dates: Begin September 1 and Other Geese (white-fronted geese and Season Dates: Begin September 1 and end November 24, 2013. brant) end December 31, 2013. Daily Bag and Possession Limits: 20 Daily Bag Limit: Eight common snipe. Season Dates: Open September 20 sora and Virginia rails, singly or in the Woodcock: All Areas through November 30, 2013. Season Dates: Begin September 1 and Daily Bag Limit: Five geese. aggregate, 25. end November 24, 2013. Common Snipe Daily Bag Limit: Three woodcock. Sora Rails, Common Snipe, and Mourning Doves: All Areas Woodcock Season Dates: Begin September 1 and Season Dates: Begin September 1 and Season Dates: Open September 1 end December 31, 2013. end October 30, 2013. through November 14, 2013. Daily Bag Limit: 16 common snipe. Daily Bag Limit: 30 mourning doves. Daily Bag Limit: 10 rails, 10 snipe, Woodcock General Conditions: and 5 woodcock. Season Dates: Begin September 3 and 1. While hunting waterfowl, a tribal Mourning Doves end December 31, 2013. member must carry on his/her person a Daily Bag Limit: 10 woodcock. valid tribal waterfowl hunting permit. Season Dates: Open September 1 2. Except as otherwise noted, tribal through November 14, 2013. Mourning Doves: 1837 and 1842 Ceded members will be required to comply Daily Bag Limit: 10 mourning doves. Territories with tribal codes that will be no less Sandhill Cranes Season Dates: Begin September 1 and restrictive than the provisions of Season Dates: Open September 1 end November 9, 2013. Chapter 10 of the Model Off-Reservation through November 30, 2013. Daily Bag Limit: 15 doves. Code. These regulations parallel Federal Daily Bag Limit: One sandhill crane. Sandhill Cranes: 1837 and 1842 Ceded requirements in 50 CFR part 20 as to General Conditions: A valid Grand Territories only hunting methods, transportation, sale, Traverse Band Tribal license is required exportation, and other conditions and must be in possession before taking Season Dates: Begin September 1 and generally applicable to migratory bird any wildlife. Shooting hours for end December 31, 2013. hunting. migratory birds are one-half hour before Daily Bag Limit: 2 cranes. 3. Band members in each zone will sunrise to one-half hour after sunset. All General Conditions comply with State regulations providing other basic regulations contained in 50 for closed and restricted waterfowl CFR part 20 are valid. Other tribal A. All tribal members will be required hunting areas. regulations apply, and may be obtained to obtain a valid tribal waterfowl 4. There are no possession limits on at the tribal office in Suttons Bay, hunting permit. any species, unless otherwise noted Michigan. B. Except as otherwise noted, tribal above. For purposes of enforcing bag (e) Great Lakes Indian Fish and members will be required to comply and possession limits, all migratory Wildlife Commission, Odanah, with tribal codes that will be no less birds in the possession or custody of Wisconsin (Tribal Members Only). restrictive than the model ceded band members on ceded lands will be The 2013–14 waterfowl hunting territory conservation codes approved considered to have been taken on those season regulations apply to all treaty by Federal courts in the Lac Courte lands unless tagged by a tribal or State areas (except where noted): Oreilles v. State of Wisconsin (Voigt), conservation warden as having been Mille Lacs Band v. State of Minnesota, taken on-reservation. All migratory Ducks and United States v. Michigan cases. birds that fall on reservation lands will Season Dates: Begin September 1 and Chapter 10 in each of these model codes not count as part of any off-reservation end December 31, 2013. regulates ceded territory migratory bird bag or possession limit. Daily Bag Limit: 1837 and 1842 Ceded hunting. Both versions of Chapter 10 5. Shooting hours for migratory birds Territories: 50 ducks. parallel Federal requirements as to are one-half hour before sunrise to one- 1836 Ceded Territory: 30 ducks. hunting methods, transportation, sale, half hour after sunset. Mergansers exportation, and other conditions (d)Grand Traverse Band of Ottawa generally applicable to migratory bird Season Dates: Begin September 1 and and Chippewa Indians, Suttons Bay, hunting. They also automatically end December 31, 2013. incorporate by reference the Federal Michigan (Tribal Members Only). Daily Bag Limit: 10 mergansers. All seasons in Michigan, 1836 Treaty migratory bird regulations adopted in Zone: Geese response to this regulation. C. Particular regulations of note Ducks Season Dates: Begin September 1 and end December 31, 2013. In addition, any include: Season Dates: Open September 15, portion of the ceded territory that is 1. Nontoxic shot will be required for 2013, through January 15, 2014. open to State-licensed hunters for goose all waterfowl hunting by tribal Daily Bag Limit: 20 ducks, which may hunting after December 1 will also be members. include no more than 5 pintail, 3 open concurrently for tribal members. 2. Tribal members in each zone will canvasback, 5 black ducks, 1 hooded Daily Bag Limit: 20 geese in aggregate. comply with tribal regulations merganser, 5 wood ducks, 3 redheads, providing for closed and restricted and 9 mallards (only 4 of which may be Other Migratory Birds waterfowl hunting areas. These hens). Coots and Common Moorhens regulations generally incorporate the same restrictions contained in parallel Canada and Snow Geese (Common Gallinules): Season Dates: Begin September 1 and State regulations. Season Dates: Open September 1 end December 31, 2013. 3. There is no possession limit. For through November 30, 2013; and open Daily Bag Limit: 20 coots and purposes of enforcing bag limits, all January 1, 2014, through February 8, common moorhens (common migratory birds in the possession and 2014. gallinules), singly or in the aggregate. custody of tribal members on ceded

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lands will be considered to have been Geese (k) The Little Traverse Bay Bands of taken on those lands unless tagged by a Season Dates: Open September 1, Odawa Indians, Petoskey, Michigan tribal or State conservation warden as 2013, through January 31, 2014. (Tribal Members Only). taken on reservation lands. All Daily Bag Limit: 6 light geese and 4 Ducks migratory birds that fall on reservation dark geese. The daily bag limit is 2 brant Season Dates: Open September 15, lands will not count as part of any off- and is in addition to dark goose limits. reservation bag or possession limit. 2013, through January 31, 2014. General: Tribal members must possess 4. The baiting restrictions included in Daily Bag Limits: 20 ducks, including a validated Migratory Bird Hunting and no more than 5 hen mallards, 5 black the respective section 10.05(2)(h) of the Conservation Stamp and a tribal ceded model ceded territory conservation ducks, 5 redheads, 5 wood ducks, 5 lands permit. pintail, 5 scaup, and 5 canvasback. codes will be amended to include (h) [Reserved] language which parallels that in place (i) Leech Lake Band of Ojibwe, Cass Mergansers for nontribal members as published at Lake, Minnesota (Tribal Members Only). 64 FR 29799, June 3, 1999. Season Dates: Open September 15, 5. The shell limit restrictions Ducks 2013, through January 31, 2014. Daily Bag Limits: 10 mergansers, included in the respective section Season Dates: Open September 1 including no more than 5 hooded 10.05(2)(b) of the model ceded territory through December 31, 2013. mergansers. conservation codes will be removed. Daily Bag Limits: 10 ducks, including 6. Hunting hours shall be from one- no more than 5 pintail, 5 canvasback, Coots and Gallinules half hour before sunrise to one-half hour and 5 black ducks. Season Dates: Open September 15 after sunset. Geese through December 31, 2013. (f) [Reserved] Daily Bag Limit: 20. (g) Kalispel Tribe, Kalispel Season Dates: Open September 1 Reservation, Usk, Washington (Tribal through December 31, 2013. Canada Geese Members and Nontribal Hunters). Daily Bag Limits: 10 geese. Season Dates: Open September 1, Nontribal Hunters on Reservation General: Possession limits are twice 2013, through February 8, 2014. the daily bag limits. Shooting hours are Daily Bag Limit: 20. Geese one-half hour before sunrise to one-half Sora and Virginia Rails Season Dates: Open September 7 hour after sunset. Nontoxic shot is through September 15, 2013, for the required. Use of live decoys, bait, and Season Dates: Open September 1 early-season, and open October 1, 2013, commercial use of migratory birds are through December 31, 2013. through January 31, 2014, for the late- prohibited. Waterfowl may not be Daily Bag Limit: 20. season. During this period, days to be pursued or taken while using motorized Snipe hunted are specified by the Kalispel craft. Tribe. Nontribal hunters should contact (j) Little River Band of Ottawa Season Dates: Open September 15 the Tribe for more detail on hunting Indians, Manistee, Michigan (Tribal through December 31, 2013. days. Members Only). Daily Bag Limit: 16. Daily Bag and Possession Limits: 5 1836 Ceded Territory and Tribal Mourning Doves Canada geese for the early season, and Reservation: Season Dates: Open September 1 3 light geese and 4 dark geese, for the Ducks through November 14, 2013. late season. The daily bag limit is 2 Daily Bag Limit: 15. brant (when the State’s season is open) Season Dates: Open September 15, and is in addition to dark goose limits 2013, through January 20, 2014. Woodcock Daily Bag Limits: 12 ducks, including for the late-season. The possession limit Season Dates: Open September 5 is twice the daily bag limit. no more than 6 mallards (2 of which may be hens), 3 black ducks, 5 through December 1, 2013. Ducks redheads, 3 wood ducks, 2 pintail, 1 Daily Bag Limit: 10. Season Dates: Open September 21, hooded merganser, and 2 canvasback. Sandhill Cranes through September 23, 2013, and open Canada Geese Season Dates: Open September 1 September 28 through September 30, through December 1, 2013. Season Dates: Open September 1, 2013. Daily Bag Limit: 1. 2013, through February 8, 2014. Daily Bag and Possession Limits: 7 General: Possession limits are twice Daily Bag Limit: 20. ducks, including no more than 2 female the daily bag limits. mallards, 2 pintail, 1 canvasback, 3 White-fronted Geese, Brant, and Snow (l) Lower Brule Sioux Tribe, Lower scaup, and 2 redheads. The possession Geese Brule Reservation, Lower Brule, South limit is twice the daily bag limit. Season Dates: Open September 20, Dakota (Tribal Members and Nontribal Tribal Hunters Within Kalispel Ceded 2013, through November 30, 2013. Hunters). Lands Daily Bag Limit: 5. Tribal Members Ducks Woodcock, Mourning Doves, Snipe, and Ducks, Mergansers, and Coots Season Dates: Open October 1, 2013, Sora and Virginia Rails Season Dates: Open September 1, through January 31, 2014. Season Dates: Open September 1 2013, through March 10, 2014. Daily Bag and Possession Limits: 7 through November 14, 2013. Daily Bag and Possession Limits: Six ducks, including no more than 2 female Daily Bag Limit: 5 Woodcock and 10 ducks, including no more five mallards mallards, 2 pintail, 1 canvasback, 3 each of the other species. (only two of which may be hens), four scaup, and 2 redheads. The possession General: Possession limits are twice scaup, one mottled duck, two redheads, limit is twice the daily bag limit. the daily bag limits. three wood ducks, one canvasback, and

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two pintail. Coot daily bag limit is 15. Snipe (5) Steel or bismuth shot only for Merganser daily bag limit is five, Season Dates: Open September 14, waterfowl is allowed; the use of lead including no more than two hooded 2013, through January 5, 2014. shot is prohibited. (6) The use of dogs is permitted to mergansers. The possession limit is Daily Bag and Possession Limits: 8 hunt waterfowl. twice the daily bag limit. and 16 snipe, respectively. (7) Shooting hours for all species of Canada Geese Band-Tailed Pigeons waterfowl are one-half hour before Season Dates: Open September 1, Season Dates: Open September 14, sunrise to one-half hour after sunset. 2013, through March 10, 2014. (8) Open hunting areas are: GMUs 601 2013, through January 5, 2014. Daily Bag and Possession Limits: (Hoko), a portion of the 602 (Dickey) Daily Bag and Possession Limits: 2 Three and six, respectively. encompassing the area north of a line and 4 pigeons, respectively. between Norwegian Memorial and east White-fronted Geese General: Tribal members must possess to Highway 101, and 603 (Pysht). a tribal hunting permit from the Lower Season Dates: Open September 1, (o) Navajo Nation, Navajo Indian Elwha Klallam Tribe pursuant to tribal 2013, through March 10, 2014. Reservation, Window Rock, Arizona law. Hunters must observe all basic Daily Bag and Possession Limits: Two (Tribal Members and Nontribal Federal migratory bird hunting and four, respectively. Hunters). regulations in 50 CFR part 20. Light Geese (n) Makah Indian Tribe, Neah Bay, Band-Tailed Pigeons Season Dates: Open September 1, Washington (Tribal Members). Season Dates: Open September 1 2013, through March 10, 2014. Band-Tailed Pigeons through 30, 2013. Daily Bag Limit: 20. Daily Bag and Possession Limits: 5 General Conditions: All hunters must Season Dates: Open September 14 and 10 pigeons, respectively. comply with the basic Federal migratory through October 27, 2013. bird hunting regulations in 50 CFR part Daily Bag Limit: Two band-tailed Mourning Doves 20, including the use of steel shot. pigeons. Season Dates: Open September 1 Nontribal hunters must possess a Ducks and Coots through 30, 2013. validated Migratory Bird Hunting and Daily Bag and Possession Limits: 10 Conservation Stamp. The Lower Brule Season Dates: Open September 21, and 20 doves, respectively. Sioux Tribe has an official Conservation 2013, through January 26, 2014. General Conditions: Tribal and Code that hunters must adhere to when Daily Bag Limit: Seven ducks nontribal hunters will comply with all hunting in areas subject to control by including no more than five mallards basic Federal migratory bird hunting the Tribe. (only two of which can be a hen), one regulations in 50 CFR part 20, regarding (m) Lower Elwha Klallam Tribe, Port redhead, one pintail, three scaup, and shooting hours and manner of taking. In Angeles, Washington (Tribal Members one canvasback. The seasons on wood addition, each waterfowl hunter 16 Only). duck and harlequin are closed. years of age or over must carry on his/ Geese her person a valid Migratory Bird Ducks Hunting and Conservation Stamp (Duck Season Dates: Open September 14, Season Dates: Open September 21, Stamp) signed in ink across the face. 2013, through January 5, 2014. 2013, through January 26, 2014. Special regulations established by the Daily Bag and Possession Limits: Daily Bag Limit: Four including no Navajo Nation also apply on the Eight ducks, including no more than more than one brant. The seasons on reservation. two hen mallards, one pintail, one Aleutian and dusky Canada geese are (p) Oneida Tribe of Indians of canvasback, and two redheads. closed. Wisconsin, Oneida, Wisconsin (Tribal Possession limit is twice the daily bag General Members Only). limit. Bag and possession limits for Ducks (Including Mergansers) harlequin ducks is one per season. All other Federal regulations contained in 50 CFR part 20 apply. The Season Dates: Open September 14 Geese following restrictions also apply: through November 15, 2013, and open Season Dates: Open September 14, (1) As per Makah Ordinance 44, only November 25 through December 1, 2013, through January 5, 2014. shotguns may be used to hunt any 2013. Daily Bag and Possession Limits: Four species of waterfowl. Additionally, Daily Bag and Possession Limits: Six, geese, and may include no more than shotguns must not be discharged within including no more than six mallards three light geese. The seasons on 0.25 miles of an occupied area. (three hen mallards), six wood ducks, Aleutian Canada geese and brant are (2) Hunters must be eligible, enrolled one redhead, two pintail, and one closed. Possession limit is twice the Makah tribal members and must carry hooded merganser. The possession limit daily bag limit. their Indian Treaty Fishing and Hunting is twice the daily bag limit. Identification Card while hunting. No Coots tags or permits are required to hunt Geese Season Dates: Open September 14, waterfowl. Season Dates: Open September 1 2013, through January 5, 2014. (3) The Cape Flattery area is open to through November 15, 2013; and open Daily Bag and Possession Limits: 25 waterfowl hunting, except in designated November 25 through December 29, and 50 coots, respectively. wilderness areas, or within 1 mile of 2013. Cape Flattery Trail, or in any area that Daily Bag and Possession Limits: 5 Mourning Doves is closed to hunting by another and 10 Canada geese, respectively, from Season Dates: Open September 14, ordinance or regulation. September 1 through 13, 2013; and 3 2013, through January 5, 2014. (4) The use of live decoys and/or and 6 Canada geese, respectively, the Daily Bag and Possession Limits: 10 baiting to pursue any species of remainder of the season. Hunters will be and 20 doves, respectively. waterfowl is prohibited. issued five tribal tags during the early

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season and three tribal tags during the Brant Snipe late season for geese in order to monitor Season Dates: Open January 15 Season Dates: Open September 1, goose harvest. An additional three tags through January 31, 2014. 2013, through March 9, 2014. will be issued each time birds are Daily Bag and Possession Limits: Two Daily Bag and Possession Limits: 8 registered. A seasonal quota of 300 birds and four, respectively. and 16 snipe, respectively. is adopted. If the quota is reached before the season concludes, the season will be Coots Band-tailed Pigeons closed at that time. Season Dates: Open September 15, Season Dates: Open September 2, Woodcock 2013, through February 1, 2014. 2013, through March 9, 2014. Daily Bag and Possession Limits: 25 Daily Bag and Possession Limits: 2 Season Dates: Open September 7 and 50 coots, respectively. and 4 pigeons, respectively. through November 3, 2013. Mourning Doves General: Tribal members must possess Daily Bag and Possession Limits: Two a tribal hunting permit from the Point and four woodcock, respectively. Season Dates: Open September 15, No Point Tribal Council pursuant to 2013, through January 14, 2014. tribal law. Hunting hours are from one- Doves Daily Bag and Possession Limits: 10 half hour before sunrise to sunset. and 20 doves, respectively. Season Dates: Open September 7 Hunters must observe all other basic through November 3, 2013. Snipe Federal migratory bird hunting Daily Bag and Possession Limits: 10 regulations in 50 CFR part 20. Season Dates: Open September 15, (r) Sault Ste. Marie Tribe of Chippewa and 20 doves, respectively. 2013, through March 10, 2014. Indians, Sault Ste. Marie, Michigan General Conditions: Tribal member Daily Bag and Possession Limits: 8 (Tribal Members Only). shooting hours are one-half hour before and 16 snipe, respectively. Mourning Doves sunrise to one-half hour after sunset. Band-tailed Pigeons Nontribal members hunting on the Season Dates: Open September 1 Reservation or on lands under the Season Dates: Open September 15, through November 14, 2013. jurisdiction of the Tribe must comply 2013, through March 10, 2014. Daily Bag Limit: 10 doves. with all State of Wisconsin regulations, Daily Bag and Possession Limits: 2 including season dates, shooting hours, and 4 pigeons, respectively. Ducks and bag limits, which differ from tribal Port Gamble S’Klallam Tribe Season Dates: Open September 15 member seasons. Tribal members and through December 31, 2013. nontribal members hunting on the Ducks Daily Bag Limits: 20, including no Reservation or on lands under the Season Dates: Open September 2, more than 10 mallards (only 5 of which jurisdiction of the Tribe will observe all 2013, through January 31, 2014. may be hens), 5 canvasbacks, 5 black basic Federal migratory bird hunting Daily Bag and Possession Limits: ducks, and 5 wood ducks. regulations found in 50 CFR part 20, Seven ducks, including no more than Mergansers with the following exceptions: Tribal two hen mallards, one pintail, one members are exempt from the purchase canvasback, four scoters, and two Season Dates: Open September 15 of the Migratory Waterfowl Hunting and redheads. Possession limit is twice the through December 31, 2013. Conservation Stamp (Duck Stamp); and daily bag limit. Bag and possession Daily Bag Limit: 10. shotgun capacity is not limited to three limits for harlequin ducks is one per Geese shells. season. Season Dates: Open September 1 (q) Point No Point Treaty Council, Geese Kingston, Washington (Tribal Members through December 31, 2013. Only). Season Dates: Open September 15, Daily Bag Limit: 20 geese. 2013, through March 9, 2014. Coots and Gallinule Jamestown S’Klallam Tribe Daily Bag and Possession Limits: Four Season Dates: Open September 1 Ducks geese, and may include no more than three light geese. The season on cackling through December 31, 2013. Season Dates: Open September 15, Canada geese is closed. Possession limit Daily Bag Limit: 20 in the aggregate. 2013, through February 1, 2014. is twice the daily bag limit. Woodcock Daily Bag and Possession Limits: Brant Seven ducks, including no more than Season Dates: Open September 2 two hen mallards, one pintail, one Season Dates: Open November 9, through December 1, 2013. canvasback, four scoters, and two 2013, through January 31, 2014. Daily Bag Limits: 10. redheads. Possession limit is twice the Daily Bag and Possession Limits: 2 Common Snipe daily bag limit. Bag and possession and 4, respectively. Season Dates: Open September 15 limits for harlequin ducks is one per Coots through December 31, 2013. season. Season Dates: Open September 2, Daily Bag Limits: 16 snipe. Geese 2013, through January 31, 2014. Sora and Virginia Rails Daily Bag and Possession Limits: 25 Season Dates: Open September 15, and 50 coots, respectively. Season Dates: Open September 1 2013, through March 10, 2014. through December 31, 2013. Daily Bag and Possession Limits: Four Mourning Doves Daily Bag Limits: 20 rails in the geese, and may include no more than Season Dates: Open September 2, aggregate. three light geese. The season on cackling 2013, through January 31, 2014. General: Possession limits are twice Canada geese is closed. Possession limit Daily Bag and Possession Limits: 10 the daily bag limits except for rails, of is twice the daily bag limit. and 20 doves, respectively. which the possession limit equals the

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daily bag limit (20). Tribal members Hunters must observe all other basic canvasback, three scaup, and two must possess a tribal hunting permit Federal migratory bird hunting redheads. Possession limit is twice the from the Sault Ste. Marie Tribe pursuant regulations in 50 CFR part 20. daily bag limit. to tribal law. Shooting hours are one- (u) Spokane Tribe of Indians, Geese half hour before sunrise until one-half Spokane Indian Reservation and Ceded hour after sunset. Hunters must observe Lands, Wellpinit, Washington (Tribal Season Dates: Open September 4, all other basic Federal migratory bird Members Only). 2013, through February 29, 2014. hunting regulations in 50 CFR part 20. Daily Bag and Possession Limits: Ducks (s) [Reserved] Seven geese. Possession limit is twice (t) Skokomish Tribe, Shelton, Season Dates: Open September 2, the daily bag limit. Washington (Tribal Members Only). 2013, through January 31, 2014. Daily Bag and Possession Limits: Brant Ducks Seven ducks, including no more than Season Dates: Open September 4, Season Dates: Open September 16, two hen mallards, two pintail, one 2013, through February 29, 2014. 2013, through February 28, 2014. canvasback, three scaup, and two Daily Bag and Possession Limits: Two Daily Bag and Possession Limits: redheads. Possession limit is twice the and four brant, respectively. Seven ducks, including no more than daily bag limit. two hen mallards, one pintail, one Coots Geese canvasback, one harlequin per season, Season Dates: Open September 4, and two redheads. Possession limit is Season Dates: Open September 2, 2013, through February 29, 2014. twice the daily bag limit (except for 2013, through January 31, 2014. Daily Bag and Possession Limits: 25 harlequin). Daily Bag and Possession Limits: Four and 25 coots, respectively. dark geese and six light geese. Geese Possession limit is twice the daily bag Snipe Season Dates: Open September 16, limit. Season Dates: Open September 4, 2013, through February 28, 2014. General Conditions: All tribal hunters 2013, through February 29, 2014. Daily Bag and Possession Limits: Four must have a valid Tribal identification Daily Bag and Possession Limits: 8 geese, and may include no more than card on his or her person while hunting. and 16 snipe, respectively. three light geese. The season on Shooting hours are one-half hour before General Conditions: All tribal hunters Aleutian Canada geese is closed. sunrise to sunset, and steel shot is must have a valid Tribal identification Possession limit is twice the daily bag required for all migratory bird hunting. card on his or her person while hunting. limit. Hunters must observe all other basic All nontribal hunters must obtain and Federal migratory bird hunting Brant possess while hunting a valid Tulalip regulations in 50 CFR part 20. Tribe hunting permit and be Season Dates: Open November 1, (v) [Reserved] accompanied by a Tulalip Tribal 2013, through February 15, 2014. (w) Stillaguamish Tribe of Indians, member. Shooting hours are one-half Daily Bag and Possession Limits: Two Arlington, Washington (Tribal Members hour before sunrise to sunset, and steel and four brant, respectively. Only). shot is required for all migratory bird Coots Band-tailed Pigeons hunting. Hunters must observe all other basic Federal migratory bird hunting Season Dates: Open September 16, Season Dates: Open September 1 regulations in 50 CFR part 20. 2013, through February 28, 2014. through October 31, 2013. Daily Bag and Possession Limits: 25 Daily Bag and Possession Limits: Four (z) Upper Skagit Indian Tribe, Sedro and 50 coots, respectively. and eight, respectively. Woolley, Washington (Tribal Members Only). Mourning Doves Mourning Doves Mourning Doves Season Dates: Open September 16, Season Dates: Open September 1 2013, through February 28, 2014. through October 31, 2013. Season Dates: Open September 1 Daily Bag and Possession Limits: 10 Daily Bag and Possession Limits: 10 through December 31, 2013. and 20 doves, respectively. and 20, respectively. Daily Bag and Possession Limits: 12 Tribal members hunting on lands will and 15 mourning doves, respectively. Snipe observe all basic Federal migratory bird Tribal members must have the tribal Season Dates: Open September 16, hunting regulations found in 50 CFR identification and harvest report card on 2013, through February 28, 2014. part 20, which will be enforced by the their person to hunt. Tribal members Daily Bag and Possession Limits: 8 Stillaguamish Tribal Law Enforcement. hunting on the Reservation will observe and 16 snipe, respectively. Tribal members are required to use steel all basic Federal migratory bird hunting shot or a nontoxic shot as required by regulations found in 50 CFR part 20, Band-tailed Pigeons Federal regulations. except shooting hours would be one- Season Dates: Open September 16, (x) [Reserved] half hour before official sunrise to one- 2013, through February 28, 2014. (y) The Tulalip Tribes of Washington, half hour after official sunset. Daily Bag and Possession Limits: 2 Tulalip Indian Reservation, Marysville, (aa) Wampanoag Tribe of Gay Head, and 4 pigeons, respectively. Washington (Tribal Members Only). Aquinnah, Massachusetts (Tribal General Conditions: All hunters Members Only). authorized to hunt migratory birds on Ducks and Mergansers Canada Geese the reservation must obtain a tribal Season Dates: Open September 4, hunting permit from the respective 2013, through February 29, 2014. Season Dates: Open September 4 Tribe. Hunters are also required to Daily Bag and Possession Limits: through 21, 2013, and open October 28, adhere to a number of special Seven ducks, including no more than 2013, through February 22, 2014. regulations available at the tribal office. two hen mallards, two pintail, one Daily Bag Limits: Eight Canada geese.

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Snow Geese Daily Bag Limit: Eight geese through Daily Bag and Possession Limits: Season Dates: Open September 4 September 20 and five thereafter. Three and six pigeons, respectively. through 21, 2013, and open November Coots Mourning Doves (Wildlife Management 25, 2013, through February 22, 2014. Unit 10 and areas south of Y–70 and Y– Daily Bag Limits: 15 snow geese. Season Dates: Open September 1 through November 30, 2013. 10 in Wildlife Management Unit 7, only) Sora and Virginia Rails Daily Bag Limit: 20 coots. Season Dates: Open September 1 Season Dates: Open September 2 Sora and Virginia Rails through 15, 2013. through November 10, 2013. Daily Bag Limits: 5 sora and 10 Season Dates: Open September 1 Daily Bag and Possession Limits: 10 Virginia Rails. through November 30, 2013. and 20 doves, respectively. Daily Bag Limit: 25 sora and Virginia Snipe General Conditions: All nontribal rails, singly or in the aggregate. hunters hunting band-tailed pigeons Season Dates: Open September 2 and mourning doves on Reservation through December 16, 2013. Common Snipe and Woodcock lands shall have in their possession a Daily Bag Limits: Eight snipe. Season Dates: Open September 1 General Conditions: Shooting hours through November 30, 2013. valid White Mountain Apache Daily or are one-half hour before sunrise to Daily Bag Limit: 10 snipe and 10 Yearly Small Game Permit. In addition sunset. Nontoxic shot is required. All woodcock. to a small game permit, all nontribal other basic Federal migratory bird hunters hunting band-tailed pigeons hunting regulations contained in 50 CFR Mourning Doves must have in their possession a White part 20 will be observed. Season Dates: Open September 1 Mountain Special Band-tailed Pigeon (bb) White Earth Band of Ojibwe, through November 30, 2013. Permit. Other special regulations White Earth, Minnesota (Tribal Daily Bag Limit: 25 doves. established by the White Mountain Members Only). General Conditions: Shooting hours Apache Tribe apply on the reservation. Ducks are one-half hour before sunrise to one- Tribal and nontribal hunters will half hour after sunset. Nontoxic shot is comply with all basic Federal migratory Season Dates: Open September 14 required. All other basic Federal through December 15, 2013. bird hunting regulations in 50 CFR Part Daily Bag Limit for Ducks: 10 ducks, migratory bird hunting regulations 20 regarding shooting hours and manner including no more than 2 female contained in 50 CFR part 20 will be of taking. observed. mallards, 1 pintail, and 1 canvasback. (dd) [Reserved] (cc) White Mountain Apache Tribe, Mergansers Fort Apache Indian Reservation, Dated: August 19, 2013. Season Dates: Open September 14 Whiteriver, Arizona (Tribal Members Rachel Jacobson, through December 15, 2013. and Nontribal Hunters). Principal Deputy Assistant Secretary for Fish Daily Bag Limit for Mergansers: Five Band-tailed Pigeons (Wildlife and Wildlife and Parks. mergansers, including no more than two Management Unit 10 and areas south of [FR Doc. 2013–20981 Filed 8–27–13; 8:45 am] hooded mergansers. Y–70 and Y–10 in Wildlife Management BILLING CODE 4310–55–P Geese Unit 7, only) Season Dates: Open September 1 Season Dates: Open September 1 through December 15, 2013. through 15, 2013.

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Part IV

The President

Proclamation 9003—Women’s Equality Day, 2013 Proclamation 9004—50th Anniversary of the March on Washington for Jobs and Freedom

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Federal Register Presidential Documents Vol. 78, No. 167

Wednesday, August 28, 2013

Title 3— Proclamation 9003 of August 23, 2013

The President Women’s Equality Day, 2013

By the President of the United States of America

A Proclamation On August 26, 1920, after decades of organizing, agitating, and demonstrating, our country achieved a major victory for women’s rights and American democracy. The 19th Amendment was certified, extending the vote to women and advancing our Nation’s long journey toward full equality for all Ameri- cans. The ratification of the 19th Amendment paved the way for more women to participate in American politics—as leaders, candidates, voters, and volunteers. Today, women make up the majority of the electorate, and last year a record number of women were elected to the United States Congress. On Women’s Equality Day, we celebrate the progress that has been made, and renew our commitment to securing equal rights, freedoms, and opportunities for women everywhere. From the beginning, my Administration has been committed to advancing the historic march toward gender equality. We have fought for equal pay, prohibited gender discrimination in America’s healthcare system, and estab- lished the White House Council on Women and Girls, which works to ensure fair treatment in all matters of public policy. In March, I signed a reauthorization of the Violence Against Women Act, which provides better tools to law enforcement to reduce domestic and sexual violence, strengthens support systems, and extends protections to even more women. And earlier this year, the Department of Defense announced plans to remove roadblocks that prevent women from serving the country they love at the highest levels their extraordinary valor and talent will take them. Yet we have more work to do. A fair deal for women is essential to a thriving middle class, but while women graduate college at higher rates than men, they still make less money after graduation and often have fewer opportunities to enter well-paid occupations or receive promotions. On aver- age, women are paid 77 cents for every dollar paid to men. That is why the first bill I signed was the Lilly Ledbetter Fair Pay Act. It is also why I established the National Equal Pay Task Force, which is cracking down on equal pay violations at a record rate. And it is why I issued a Presidential Memorandum calling for a Government-wide strategy to close any gender pay gap within the Federal workforce. To build on this work, I will continue to urge the Congress to pass the Paycheck Fairness Act, a bill that would strengthen the Equal Pay Act and give women more tools to challenge unequal wages. My Administration will also continue our campaign to engage women and girls in science, technology, engineering, and mathematics ca- reers, and we will broaden our efforts to empower women and girls around the world. As we reflect with pride on decades of progress toward gender equality, we must also resolve to make progress in our time. Today, we honor the pioneers of women’s equality by doing our part to realize that great American dream—the dream of a Nation where all things are possible for all people. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim August 26, 2013, as Women’s Equality Day. I call upon the people of the United States

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to celebrate the achievements of women and promote gender equality in our country. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of August, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty-eighth.

[FR Doc. 2013–21188 Filed 8–27–13; 11:15 am] Billing code 3295–F3

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Proclamation 9004 of August 23, 2013

50th Anniversary of the March on Washington for Jobs and Freedom

By the President of the United States of America

A Proclamation On August 28, 1963, hundreds of thousands converged on the National Mall to take part in what the Reverend Dr. Martin Luther King, Jr., called ‘‘the greatest demonstration for freedom in the history of our nation.’’ Dem- onstrators filled the landscape—from the steps of the Lincoln Memorial, alongside the still waters of the reflecting pool, to the proud base of the Washington Monument. They were men and women; young and old; black, white, Latino, Asian, and Native American—woven together like a great American tapestry, sharing in the dream that our Nation would one day make real the promise of liberty, equality, and justice for all. The March on Washington capped off a summer of discontent, a time when the clarion call for civil rights was met with imprisonment, bomb threats, and base brutality. Many of the marchers had endured the smack of a billy club or the blast of a fire hose. Yet they chose to respond with nonviolent resistance, with a fierce dignity that stirred our Nation’s con- science and paved the way for two major victories of the Civil Rights Movement—the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Today, we remember that the March on Washington was a demonstration for jobs as well as freedom. The coalition that brought about civil rights understood that racial equality and fairness for workers are bound together; when one American gets a raw deal, it jeopardizes justice for everyone. These are lessons we carry forward—that we cannot march alone, that Amer- ica flourishes best when we acknowledge our common humanity, that our future is linked to the destiny of every soul on earth. It is not enough to reflect with pride on the victories of the Civil Rights Movement. In honor of every man, woman, and child who left footprints on the National Mall, we must make progress in our time. Let us guard against prejudice—whether at the polls or in the workplace, whether on our streets or in our hearts—and let us pledge that, in the words of Dr. King, ‘‘we will not be satisfied until justice rolls down like waters and righteousness like a mighty stream.’’ NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim August 28, 2013, as the 50th Anniversary of the March on Washington for Jobs and Freedom. I call upon all Americans to observe this day with appropriate programs, ceremonies, and activities that celebrate the March on Washington and ad- vance the great causes of jobs and freedom.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of August, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty-eighth.

[FR Doc. 2013–21189 Filed 8–27–13; 11:15 am] Billing code 3295–F3

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Reader Aids Federal Register Vol. 78, No. 167 Wednesday, August 28, 2013

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 1 CFR Proposed Rules: Executive orders and proclamations 741–6000 2...... 47215 Proposed Rules: The United States Government Manual 741–6000 3...... 47215 456...... 50351 317...... 48631 Other Services 3 CFR Electronic and on-line services (voice) 741–6020 10 CFR Privacy Act Compilation 741–6064 Proclamations: 73...... 50313 Public Laws Update Service (numbers, dates, etc.) 741–6043 9002...... 49357 95...... 48037 TTY for the deaf-and-hard-of-hearing 741–6086 9003...... 53233 110...... 53020 9004...... 53235 429...... 49608 ELECTRONIC RESEARCH Executive Orders: 430...... 49608 13650...... 48029 708...... 52389 World Wide Web 13651...... 48793 710...... 52389 Full text of the daily Federal Register, CFR and other publications Administrative Orders: Proposed Rules: is located at: www.fdsys.gov. Memorandums: 95...... 48076 Federal Register information and research tools, including Public Memorandum of July 429...... 49699, 51100 Inspection List, indexes, and links to GPO Access are located at: 29, 2013 ...... 48027 430...... 48821, 49975 www.ofr.gov. Memorandum of 431...... 49202, 51464 August 12, 2013...... 49653 810...... 46829 E-mail Presidential FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Determinations: 12 CFR an open e-mail service that provides subscribers with a digital No. 2013–11 of July 246...... 52391 form of the Federal Register Table of Contents. The digital form 26, 2013 ...... 48025 390...... 52405 of the Federal Register Table of Contents includes HTML and No. 2013–12 of August 610...... 51046 PDF links to the full text of each document. 9, 2013 ...... 51647 1005...... 49365 To join or leave, go to http://listserv.access.gpo.gov and select Notices: 1076...... 47153 Online mailing list archives, FEDREGTOC-L, Join or leave the list Notice of August 8, Proposed Rules: (or change settings); then follow the instructions. 2013 ...... 49107 6...... 51101 PENS (Public Law Electronic Notification Service) is an e-mail 34...... 48548 service that notifies subscribers of recently enacted laws. 5 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 46...... 47217 531...... 49359 208...... 51101 and select Join or leave the list (or change settings); then follow 575...... 49359 the instructions. 217...... 51101 FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: 226...... 48548 890...... 48337 respond to specific inquiries. 252...... 47217 324...... 51101 Reference questions. Send questions and comments about the 7 CFR Federal Register system to: [email protected] 325...... 47217 The Federal Register staff cannot interpret specific documents or 6...... 46491 602...... 48632 regulations. 253...... 52827 618...... 48632 Reminders. Effective January 1, 2009, the Reminders, including 271...... 51649 621...... 48632 Rules Going Into Effect and Comments Due Next Week, no longer 272...... 46799 741...... 46850 appear in the Reader Aids section of the Federal Register. This 274...... 51649 748...... 46850 information can be found online at http://www.regulations.gov. 402...... 52832 1026...... 48548 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 905...... 52079 longer appears in the Federal Register. This information can be 915...... 51041 13 CFR found online at http://bookstore.gpo.gov/. 923...... 48283 Proposed Rules: 929...... 51043 115...... 46528 FEDERAL REGISTER PAGES AND DATE, AUGUST 930...... 46494 946...... 48285 14 CFR 46491–46798...... 1 52079–52388...... 22 1207...... 52080 21...... 50313 46799–47152...... 2 52389–52678...... 23 1410...... 48035 23...... 50317 47153–47526...... 5 52679–52826...... 26 Proposed Rules: 25...... 49655 47527–48024...... 6 52827–53016...... 27 51...... 52099 39 ...... 47527, 47529, 47531, 48025–48282...... 7 47534, 47537, 47543, 47546, 53017–53236...... 28 205...... 52100 48283–48598...... 8 319...... 48628, 49972 47549, 48286, 48599, 48795, 48599–48794...... 9 457...... 47214 49109, 49111, 49113, 49115, 48795–49108...... 12 920...... 46823 49116, 49660, 49662, 49903, 49109–49356...... 13 922...... 51098 49906, 49908, 49910, 49913, 49357–49652...... 14 3550...... 52460 49915, 50320, 51048, 51050, 49653–49902...... 15 3560...... 49374 51053, 51055, 51058, 52405, 49903–50312...... 16 52407, 52410, 52412, 52414, 50313–51040...... 19 9 CFR 52416, 52419, 52836, 52838, 51041–51648...... 20 201...... 51658 52841 51649–52078...... 21 310...... 53017 71 ...... 46497, 48290, 48291,

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48292, 48293, 48294, 48295, 510 ...... 52429, 52430, 52852 250...... 52240 80...... 49794 48296, 48297,48298, 48299, 520...... 52429, 52852 1202...... 48343 81...... 47191 48300, 48301, 48302, 48303, 524...... 52852 1203...... 49062 180 ...... 48068, 48618, 49927, 49116, 50322, 50323, 52083, 556...... 52852 1205...... 48343 49932, 53039, 53047, 53051 52084, 52085, 52422, 52423, 558 ...... 52429, 52430, 52852 1210...... 48343, 49062 300 ...... 47205, 48809, 49939 52424, 52425, 52847 Proposed Rules: 1218...... 49062 312...... 49690 91...... 52848 1...... 48636, 49988 372...... 52860 97 ...... 48797, 48800, 50324, 16 ...... 48636, 48637, 49988 31 CFR 721...... 48051 50326 106...... 48636 356...... 50335, 52857 1037...... 49963 121...... 52848 110...... 48636 1039...... 49963 125...... 52848 112...... 48637, 50358 32 CFR 1042...... 49963 135...... 52848 114...... 48636 199...... 48303, 51061 1068...... 49963 141...... 53025 117...... 48636 706...... 48042 Proposed Rules: Proposed Rules: 120...... 48636 Proposed Rules: Ch. I ...... 48845 25...... 52107 123...... 48636 68...... 49382, 51678 50...... 52893 39 ...... 46532, 46536, 46538, 129...... 48636 199 ...... 48366, 48367, 50359 51...... 52893 46540, 46543, 47228, 47230, 172...... 49990 310...... 52117 52 ...... 46549, 46552, 46861, 47233, 47235, 47581, 48339, 179...... 48636 47253, 47259, 47264, 48087, 48822, 48824, 48826, 48828, 211...... 48636 33 CFR 48103, 48373, 48638, 49400, 48832, 48835, 49207, 49213, 100 ...... 46809, 47555, 48311 49403, 49409, 49701, 49990, 49217, 49221, 49227, 49229, 22 CFR 110...... 51061 49992, 50360, 50369, 51686, 49232, 49235, 49237, 49240, 120...... 52680 117 ...... 47191, 48314, 48315, 52473, 52477, 52485, 52733, 49379, 49978, 49982, 51115, 122...... 52680 48608, 48609, 49918, 49920, 52893, 53113 51117, 51121, 51123, 51126, 126...... 47179, 52680 52694 70...... 52893 51127, 52465, 52712, 52870, 127...... 52680 161...... 51664 71...... 52893 52872, 52875, 53078, 53080 128...... 52680 165 ...... 46809, 46810, 46813, 80...... 49411 71 ...... 47154, 48078, 48079, 129...... 52680 46815, 47555, 47567, 48043, 81 ...... 48087, 48103, 52733 48080, 48081, 48838, 48839, Proposed Rules: 48044, 48046, 48315, 48609, 147...... 48639 48840, 48841, 48842, 49985, 303...... 48083, 53083 48802, 48805, 49121, 49684, 300 ...... 47267, 48844, 49993 49986, 52109, 52111, 52112, 49921, 49923, 51064 312...... 49714 52114, 52115, 52714, 52716, 23 CFR 168...... 50335 770...... 51695, 51696 52717, 52718 Proposed Rules: Proposed Rules: 41 CFR 636...... 46546 15 CFR 117 ...... 47242, 53104, 53107 165 ...... 46855, 48085, 53109 Proposed Rules: 764...... 48601 24 CFR 175...... 49412 102–117...... 49994 766...... 48601 891...... 49680 42 CFR Proposed Rules: 34 CFR 410...... 48996 922...... 49700 25 CFR Subtitle A ...... 47980 412...... 47860, 50496 11...... 49120 75...... 49338 16 CFR 413...... 47936, 50496 77...... 49338 Proposed Rules: 414...... 48996, 50496 1210...... 52679 151...... 49990 668...... 48048 1221...... 50328 415...... 48996 226...... 53083 Proposed Rules: 418...... 48234 Proposed Rules: Ch. III...... 46858, 46860 419...... 50496 312...... 51677 26 CFR 200...... 52467 421...... 48996 1 ...... 46502, 46805, 46807, 17 CFR 36 CFR 423...... 48996 46851, 46854, 48606, 48607, 424...... 47936, 50496 1...... 52426 49366, 49367, 52854, 53026 5...... 52087 425...... 48996 4...... 52308 53...... 49681 Proposed Rules: 482...... 50496 37...... 47154 301...... 49367, 52856 1196...... 49248 485...... 50496 39...... 49663 602...... 48607, 49367 1250...... 47245 486...... 48996 50...... 52286 Proposed Rules: 489...... 50496 200...... 46498 38 CFR 1 ...... 46851, 46854, 49242, 495...... 48996 240...... 51824, 51910 52719 17...... 51067 249...... 51910 53...... 49700 51...... 51673 43 CFR Proposed Rules: 52...... 51673 5...... 52087 27 CFR 39...... 50260 58...... 51673 1820...... 46525 140...... 50260 Proposed Rules: 74...... 52085 3000...... 49945 190...... 50260 9...... 53103 Proposed Rules: 39 CFR 18 CFR 28 CFR 2...... 46555 111...... 53027 3000...... 49080 284...... 52851 Proposed Rules: 3010...... 52694 3400...... 49080 Proposed Rules: 94...... 52877 3020...... 51073 3430...... 49080 410...... 47241 29 CFR Proposed Rules: 3470...... 49080 3001...... 51678 3480...... 49080 19 CFR 1960...... 47180 3035...... 51678 351...... 46799 4022...... 49682 44 CFR Proposed Rules: 40 CFR 64...... 51076 20 CFR 1908...... 48342 9...... 48051 65...... 49121 404...... 46499 2200...... 52116 51...... 53029 67...... 48813 416...... 46499 52 ...... 46504, 46514, 46516, 206...... 49950 30 CFR 46520, 46521, 46816, 47572, 45 CFR 21 CFR 1218...... 52431 48318, 48323, 48326, 48611, 73...... 49117 Proposed Rules: 48615, 48806, 49684, 49685, 5b...... 47210 101...... 47154 7...... 48593 49925, 52087, 52857, 53033, Proposed Rules: 175...... 52429 75...... 48592, 48593 53038 Subtitle A ...... 46558

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98...... 49249 27...... 51560, 53124 247...... 48397 50 CFR 1614...... 48848 32...... 49420 252 ...... 48397, 48403, 48407 17 ...... 49149, 49165, 51278, 1626...... 51696 54...... 48851, 51598 51328, 52364 64...... 49717 20 ...... 52658, 53200, 53218 46 CFR 69...... 48640 49 CFR 30...... 50148 90 ...... 48641, 50370, 53124 95...... 48334 27...... 52087 150...... 50148 95...... 52893 360...... 52608 424...... 53058 153...... 50148 365...... 52457, 52608 600...... 52012 48 CFR Proposed Rules: 366...... 52608 622 ...... 46820, 47212, 47574, 160...... 49412 Ch. 1...... 46780, 46796 368...... 52608 49183 169...... 49412 2...... 46781, 46795 385...... 52608 635...... 50346, 52012 401...... 48374 4...... 46782 387...... 52608 648 ...... 47580, 49186, 49967, 8...... 46783 51096, 52711 47 CFR 390...... 52608 12...... 46783 392...... 52608 660 ...... 49190q, 50347, 51097 15...... 46783 0...... 49126 395...... 48817 665...... 48075 16...... 46792 1 ...... 48621, 49126, 49370, 535...... 49963 679 ...... 49200, 51675, 52458, 17...... 46783 50214, 52433, 52710, 52868 573...... 51382 52868, 53076 27...... 48621, 50214 22...... 46795 577...... 51382 Proposed Rules: 43...... 49126 25...... 46782, 46792 579...... 51382 17 ...... 46862, 46889, 47060, 51...... 52710 42...... 46783 47109, 47268, 47582, 47590, 52...... 52710 49...... 46783 611...... 49372 47612, 47832, 49422, 49832, 53...... 52710 52 ...... 46782, 46792, 46794, 1002...... 53055 54...... 47211, 48622 46795 1241...... 51078 49878, 51129, 51705, 52894 63...... 52710 Ch. 2 ...... 52457 Proposed Rules: 20...... 47136, 52338 64...... 49693, 52710 252...... 48331, 48333 192...... 46560, 49996 224...... 48134 73...... 48625, 53054 2409...... 49697 193...... 49996 226 ...... 46563, 47635, 51705 90...... 48626, 50340 Proposed Rules: 195...... 49996 229...... 52753 101...... 48621 42...... 48123 199...... 49996 622...... 49440 300...... 52097 212...... 48397 392...... 48125 635 ...... 52032, 52123, 52487 Proposed Rules: 216...... 48397 396...... 48125 648 ...... 46897, 46903, 48852 1...... 52893 232...... 48403 541...... 50014 665...... 52125 2...... 51560, 52893 246...... 48407 Ch. X...... 49721 697...... 51131

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in today’s List of Public enacted public laws. To Laws subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List August 13, 2013 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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